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

Journal
of the

House of Representatives

November 9,

1962 through November

28, 1962

EXTRAORDINARY

SESSION

on Reapportionment

Pursuant

to

Article IV, Section

8

Florida Constitution

MEMBERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session November, 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-Quentin V. Long, Hallandale
Calhoun-Frank E. Guilford, Blountstown
Charlotte-D. Frank Smoak, Jr., Port Charlotte
Citrus-Allison R. (Baldy) Strickland, Inverness
Clay-S. D. (Sam) Saunders, Green Cove Springs
Collier-James L. Walker, Naples
Columbia-F. W. Bedenbaugh, Lake City
Dade-George L. Hollahan, Jr., Coral Gables
Dade-Earl Faircloth, Miami
Dade-Carey Matthews, Miami
DeSoto-S. C. Smith, Arcadia
Dixie-Hal Chaires, Old Town
Duval-Tom Slade, Jacksonville
Duval-Harry Westberry, Jacksonville
Duval-George B. Stallings, Jr., Jacksonville
Escambia-Gordon W. Wells, Pensacola
Escambia-George G. Stone, Walnut Hill
Flagler-William 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-Ben C. Williams, Port St. Joe
Hamilton-J. W. McAlpin, White Springs
Hardee-Frank Bass, Wauchula
Hendry-Charles E. Miner, Sr., Clewiston
Hernando-John L. Ayers, Brooksville
Highlands-J. M. Adams, Jr., Avon Park
Hillsborough-Woodie A. Liles, Plant City
Hillsborough-Rene A. Zacchini, Tampa
Hillsborough-Louis de la Parte, Tampa
Holmes-J. J. Williams, Bonifay
Indian River-Art Karst, Vero Beach
Jackson-J. M. Sims, Marianna
Jackson-Coy J. Mitchell, Marianna
Jefferson-George H. Anderson, Monticello
Lafayette-Homer T. Putnal, Mayo
Lake-Welborn Daniel, Clermont
Lake-Leighton Lee Baker, Mount Dora

Lee-Bruce J. Scott, Fort Myers
Leon-Mallory E. Home, Tallahassee
Leon-R. 0. Mitchell, Tallahassee
Levy-Frank Marshburn, Bronson
Liberty-R. L. Hosford, Hosford
Madison-C. E. Russell, Madison
Manatee-Wilbur Boyd, Palmetto
Manatee-Robert E. Knowles, Bradenton
Marion-William G. O'Neill, Ocala
Marion-William V. Chappell, Jr., Ocala
Martin-William E. Owens, Stuart
Monroe-Hilario (Charlie) Ramos, Jr., Key West
Monroe-Jack A. Saunders, Key West
Nassau-Claude E. Wingate, Fernandina Beach
Okaloosa-Maurice McLaughlin, Fort Walton Beach
Okaloosa-James H. Wise, Crestview
Okeechobee-W. Allen Markham, Okeechobee
Orange-Henry W. Land, Tangerine
Orange-John L. Ducker, Orlando
Osceola-J. J. Griffin, Jr., St. Cloud
Palm Beach-Jerry Thomas, Palm Beach
Palm Beach-Emmett S. Roberts, Belle Glade
Pasco-Tommy Stevens, Dade City
Pinellas-James T. Russell, St. Petersburg
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-Frank Fee, Fort Pierce
Santa Rosa-John R. Broxson, Milton
Sarasota-John W. Hasson, Sarasota
Sarasota-Russell C. Jordan, Jr., Sarasota
Seminole-Mack N. Cleveland, Jr., Sanford
Seminole-S. J. (Joe) Davis, Jr., Sanford
Sumter-E. C. Rowell, Wildwood
Suwannee-Leon N. McDonald, Live Oak
Taylor-Ben Whitfield, Perry
Union-C. A. Roberts, Lake Butler
Volusia-Frederick B. Karl, Daytona Beach
Volusia-James H. Sweeny, Jr., DeLand
Wakulla-Bobby Russ, Crawfordville
Walton-James H. Prescott, DeFuniak Springs
Washington-Ralph C. Carter, Chipley

OFFICERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session November, 1962

Speaker-Mallory E. Home
Speaker Pro Tempore-Bobby Russ

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

MEMBERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session November, 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-Quentin V. Long, Hallandale
Calhoun-Frank E. Guilford, Blountstown
Charlotte-D. Frank Smoak, Jr., Port Charlotte
Citrus-Allison R. (Baldy) Strickland, Inverness
Clay-S. D. (Sam) Saunders, Green Cove Springs
Collier-James L. Walker, Naples
Columbia-F. W. Bedenbaugh, Lake City
Dade-George L. Hollahan, Jr., Coral Gables
Dade-Earl Faircloth, Miami
Dade-Carey Matthews, Miami
DeSoto-S. C. Smith, Arcadia
Dixie-Hal Chaires, Old Town
Duval-Tom Slade, Jacksonville
Duval-Harry Westberry, Jacksonville
Duval-George B. Stallings, Jr., Jacksonville
Escambia-Gordon W. Wells, Pensacola
Escambia-George G. Stone, Walnut Hill
Flagler-William 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-Ben C. Williams, Port St. Joe
Hamilton-J. W. McAlpin, White Springs
Hardee-Frank Bass, Wauchula
Hendry-Charles E. Miner, Sr., Clewiston
Hernando-John L. Ayers, Brooksville
Highlands-J. M. Adams, Jr., Avon Park
Hillsborough-Woodie A. Liles, Plant City
Hillsborough-Rene A. Zacchini, Tampa
Hillsborough-Louis de la Parte, Tampa
Holmes-J. J. Williams, Bonifay
Indian River-Art Karst, Vero Beach
Jackson-J. M. Sims, Marianna
Jackson-Coy J. Mitchell, Marianna
Jefferson-George H. Anderson, Monticello
Lafayette-Homer T. Putnal, Mayo
Lake-Welborn Daniel, Clermont
Lake-Leighton Lee Baker, Mount Dora

Lee-Bruce J. Scott, Fort Myers
Leon-Mallory E. Home, Tallahassee
Leon-R. 0. Mitchell, Tallahassee
Levy-Frank Marshburn, Bronson
Liberty-R. L. Hosford, Hosford
Madison-C. E. Russell, Madison
Manatee-Wilbur Boyd, Palmetto
Manatee-Robert E. Knowles, Bradenton
Marion-William G. O'Neill, Ocala
Marion-William V. Chappell, Jr., Ocala
Martin-William E. Owens, Stuart
Monroe-Hilario (Charlie) Ramos, Jr., Key West
Monroe-Jack A. Saunders, Key West
Nassau-Claude E. Wingate, Fernandina Beach
Okaloosa-Maurice McLaughlin, Fort Walton Beach
Okaloosa-James H. Wise, Crestview
Okeechobee-W. Allen Markham, Okeechobee
Orange-Henry W. Land, Tangerine
Orange-John L. Ducker, Orlando
Osceola-J. J. Griffin, Jr., St. Cloud
Palm Beach-Jerry Thomas, Palm Beach
Palm Beach-Emmett S. Roberts, Belle Glade
Pasco-Tommy Stevens, Dade City
Pinellas-James T. Russell, St. Petersburg
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-Frank Fee, Fort Pierce
Santa Rosa-John R. Broxson, Milton
Sarasota-John W. Hasson, Sarasota
Sarasota-Russell C. Jordan, Jr., Sarasota
Seminole-Mack N. Cleveland, Jr., Sanford
Seminole-S. J. (Joe) Davis, Jr., Sanford
Sumter-E. C. Rowell, Wildwood
Suwannee-Leon N. McDonald, Live Oak
Taylor-Ben Whitfield, Perry
Union-C. A. Roberts, Lake Butler
Volusia-Frederick B. Karl, Daytona Beach
Volusia-James H. Sweeny, Jr., DeLand
Wakulla-Bobby Russ, Crawfordville
Walton-James H. Prescott, DeFuniak Springs
Washington-Ralph C. Carter, Chipley

OFFICERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session November, 1962

Speaker-Mallory E. Home
Speaker Pro Tempore-Bobby Russ

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

JOURNAL

OF THE HOUSE

OF REPRESENTATIVES

EXTRAORDINARY SESSION

Friday, November 9, 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:

State of Florida
EXECUTIVE DEPARTMENT
Tallahassee
TO THE HONORABLE MEMBERS OF
THE SENATE AND THE HOUSE
OF REPRESENTATIVES:
WHEREAS, in the General Election on November 6,
1962, the people of the State of Florida rejected House
Joint Resolution No. 30-X, a resolution proposing an
amendment to Article VII of the Constitution of the State
of Florida providing for the apportionment of the Florida
Legislature, and
WHEREAS, in view of my responsibilities under the
Constitution of the State of Florida, I find that the best
interests of the State of Florida will be served by calling
an extraordinary session of the State Legislature;
NOW, THEREFORE, I, Farris Bryant, by virtue of
the power and authority vested in me by Article IV, Sec-
tion 8, of the Constitution of the State of Florida, do
hereby convene the Legislature of the State of Florida in
extraordinary session at the Capital at 11:00 a.m. on
November 9, 1962, for the sole and exclusive purpose of
considering reapportionment of the Florida Legislature.

(Seal)

IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused
the Great Seal of the State of
Florida to be affixed at Tallahassee,
the Capital, this 7th day of Novem-
ber, A. D., 1962
FARRIS BRYANT
Governor

Attest:
TOM ADAMS
Secretary of State
The House was called to order by Mrs. Lamar Bledsoe,
Chief Clerk, House of Representatives, at 11:00 A. M.
The certified list of the Secretary of State of Members
elected to the House of Representatives, Florida Legis-
lature, at the General Election held on November 6th,
1962, was read, as follows:
STATE OF FLORIDA
OFFICE OF SECRETARY OF STATE
I, TOM ADAMS, Secretary of State of the State of
Florida, do hereby certify that the following Members of
the House of Representatives were elected at the General
Election held on the 6th day of November, A.D., 1962, as
shown by the records of this office:
ALACHUA
Group No. 1-Ralph D. Turlington, Gainesville
Group No. 2-Osee R. Fagan, Gainesville

BAKER
-John J. Crews, Jr., Macclenny
BAY
Group No. 1-Julian Bennett, Panama City
Group No. 2-Leo C. Jones, Panama City

BRADFORD

BREVARD

-A. J. Thomas, Jr., Starke

-James H. Pruitt, Eau Gallie

BROWARD
Group No. 1-Emerson Allsworth, Fort Lauderdale
Group No. 2-Quentin V. Long, Hallandale
CALHOUN
-Frank E. Guilford, Blountstown
CHARLOTTE
-D. Frank Smoak, Jr., Port Charlotte
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
Group No. 1-George L. Hollahan, Jr., Miami 56
Group No. 2-Earl Faircloth, Miami 32
Group No. 3-Carey Matthews, Miami Beach

DESOTO

DIXIE

-S. C. Smith, Arcadia

-Hal Chaires, Old Town

DUVAL
Group No. 1-Tom Slade, Jacksonville
Group No. 2-Harry Westberry, Jacksonville
Group No. 3-George B. Stallings, Jr., Jacksonville 10
ESCAMBIA
Group No. 1-Gordon W. Wells, Pensacola
Group No. 2-George G. Stone, Atmore, Alabama

FLAGLER

FRANKLIN

-William L. Wadsworth, Bunnell

-Oliver Nash, Apalachicola

GADSDEN
Group No. 1-W. M. Inman, Quincy
Group No. 2-C. Fred Arrington, Havana
1

2

GILCHRIST
-H. E. Lan
GLADES
-Joe H. Pe
GULF
-Ben C. W
HAMILTON
-J. W. Mce
HARDEE
-Frank Ba
HENDRY
-Charles I
HERNANDO
-John L. A
HIGHLANDS
-Morris A
HILLSBOROUGH
Group No. 1-Woodie A
Group No. 2-Ren6 A.
Group No. 3-Louis de
HOLMES
-J. J. (Boy
INDIAN RIVER
-Art Kars
JACKSON
Group No. 1-J. M. Sim
Group No. 2-Coy J. M
JEFFERSON
-George H
LAFAYETTE
-Homer T
LAKE
Group No. 1-Welborn
Group No. 2-Leighton
LEE
-Bruce J.
LEON
Group No. 1-Mallory
Group No. 2-Richard
LEVY
-Frank M;
LIBERTY
-R. L. Ho
MADISON
-C. E. "Bil
MANATEE
Group No. 1-Wilbur I
Group No. 2-Robert E
MARION
Group No. 1-William (
Group No. 2-William
MARTIN
-William
MONROE
Group No. 1-Hilario
Group No. 2-Jack A. S
NASSAU
-Claude E

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 9, 1962

OKALOOSA
caster, Trenton Group No. 1-Maurice McLaughlin, Fort Walton Beach
Group No. 2-James H. (Jimmy) Wise, Crestview
eeples, Jr., Venus OKEECHOBEE
-W. Allen Markham, Okeechobee
illiams, Port St. Joe ORANGE
Group No. 1-Henry W. Land, Tangerine
Alpin, White Springs Group No. 2-John L. Ducker, Winter Park
OSCEOLA
ss, Wauchula -J. J. Griffin, Jr., St. Cloud
PALM BEACH
E. Miner, Sr., Clewiston Group No. 1-Jerry Thomas, Lake Park
Group No. 2-Emmett S. Roberts, Belle Glade
Flyers, Brooksville PASCO
-Tommy Stevens, Dade City
dams, Avon Park PINELLAS
Group No. 1-James T. Russell, St. Petersburg
Group No. 2-Charles R. Holley, St. Petersburg
. Liles, Plant City Group No. 3-Douglas J. Loeffler, Largo
Zacchini, Tampa
la Parte, Tampa POLK
Group No. 1-Lawton M. Chiles, Jr., Lakeland
Group No. 2-Ray Mattox, Winter Haven
r) Williams, Bonifay Group No. 3-Ben Hill Griffin, Jr., Frostproof
PUTNAM
t, Vero Beach -James N. (Gator) Beck, Palatka
ST. JOHNS
is, Marianna Group No. 1-F. Charles Usina, St. Augustine
itchell, Marianna Group No. 2-A. H. (Gus) Craig, St. Augustine
ST. LUCIE
-Frank Henry Fee, Fort Pierce
[. Anderson, Monticello SANTA ROSA
SANTA ROSA
-John R. Broxson, Milton
SPutnal, Mayo SARASOTA
Group No. 1-John W. Hasson, Sarasota
Dae C t Group No. 2-Russell C. Jordan, Jr., Sarasota
Daniel, Clermont
L. Baker, Mt. Dora SEMINOLE
Group No. 1-Mack N. Cleveland, Jr., Sanford
Scott, Fort Myers Group No. 2-Joe Davis, Sanford
SUMTER
H e, T -E. C. Rowell, Wildwood
E. Home, Tallahassee
0. Mitchell, Tallahassee SUWANNEE
-Leon N. McDonald, Live Oak
arshburn, Bronson TAYLOR -Ben Whitfield, Perry
SWtfeUNION
sford, Hosford UNION -C. A. Roberts, Lake Butler

VOLUSIA
11" Russell, Madison VOL
Group No. 1-Frederick B. Karl, Daytona Beach
Group No. 2-James H. Sweeny, Jr., DeLand
:oyd, Palmetto WAKULLA
,. Knowles, Bradenton -Bobby Russ, Crawfordville
WALTON
G. O'Neill, Ocala -James H. (Jimmy) Prescott, Defuniak
V. Chappell, Jr., Ocala Springs
WASHINGTON
E. Owens, Stuart -Ralph C. Carter, Chipley
GIVEN under my hand and the Great Seal of the State
'Charlie" Ramos, Jr., Key West of Florida at Tallahassee the Capital, this the 9th day of
launders, Key West November, A. D., 1962.
TOM ADAMS
SECRETARY OF STATE
. Wingate, Fernandina Beach (SEAL)

November 9, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

The roll was called and the following Members an-
swered to their names:

Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Horne
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn

Matthews
Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.

Scott
Sims
Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Thomas,A.J.,Jr.
Thomas, J.
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

Excused: Messrs. Chappell of Marion, Pruitt of Brevard,
Sweeny of Volusia, and Turlington of Alachua.
A quorum present.
The following prayer was offered by the Reverend
Cleveland R. Home, Jr., Pastor of the First Baptist
Church, Waynesville, Missouri, brother of Speaker nomi-
nee Mallory E. Home:
In an acute awareness of the intense confusion and
mounting complexity that confronts our human family, in
a more-than-usual sense of need for divine direction and
guidance, we come to You, Our Father and Our God, that
this new Session of the Legislature of our Great State of
Florida may be guided in these great days by the Spirit
of the Living God.
Remind us gently from the pages of history rather than
with the bitter dregs of personal experience, that a people
cannot prosper without the blessings of Almighty God.
The destiny of our land is in the hands of our God. Help
us who have prospered in our illustrious past with your
blessings now to remember that it is your righteousness
which continues to exalt a people.
It is therefore to you, 0 God, we turn now in behalf of
these men who have been chosen to chart the course for
this ship of state. We ask that they shall be caught up out
of the low valleys of self-interest unto the lofty plateau of
statesmanship. Grant, 0 God, we pray, to each one of these
men a special endowment of integrity, of courage, and of
divine wisdom: Integrity that they shall be free to do
right; courage that they dare to do right; Divine Wisdom
that they shall know Your ways of right.
And now, 0 God Most High, if it be pleasing in your
sight, may this Session of the Legislature of our Soverign
State of Florida take its place in the annals of history as
one in which the minds of men become the instruments
of the Will of Almighty God, that the great principles of
Democracy, freedom, equality, justice, and morality might
glow more brightly in the dark days of tyranny and hu-
man despondency which grip our world.
These things, O God, in the name of Christ, Thy Son,
and our Saviour, we pray. Amen.
The following Members came forward and took the oath
of office prescribed by the Constitution of the State of
Florida before Justice Millard Caldwell of the Supreme
Court of the State of Florida:
ALACHUA
Group 2-Osee R. Fagan, 212 S. E. First St., Gainesville

3

BAKER
-John J. Crews, Jr., P. 0. Drawer 467, Mc-
clenny
BAY
Group 1-Julian Bennett, 317 Magnolia Ave., Panama
City
Group 2-Leo C. Jones, 434 Magnolia Ave., Panama City
BRADFORD
-A. J. Thomas, Jr., P. O. Drawer 943, Starke
BROWARD
Group 1-Emerson Allsworth, 205 Television Bldg., Ft.
Lauderdale
Group 2-Quentin V. Long, 104 N. E. 2nd Terrace, Hal-
landale
CALHOUN
-Frank E. Guilford, Box 24, Blountstown
CHARLOTTE
-D. Frank Smoak, Jr., 251 Duxbury Ave., Port
Charlotte
CITRUS

CLAY

-Allison R. (Baldy) Strickland, Route 1, In-
verness

-S. D. (Sam) Saunders, Box 326, Green Cove
Springs

COLLIER
-James L. Walker, Box 475, Naples
COLUMBIA
-F. W. Bedenbaugh, 808 N. Marion St., Lake
City
DADE
Group 1-George L. Hollahan, Jr., 11533 S. Dixie High-
way, Miami 56
Group 2-Earl Faircloth, 831 duPont Building, Miami 32
Group 3-Carey Matthews, 1116 duPont Plaza Center,
Miami 32

DeSOTO

DIXIE

-S. C. Smith, Box 231, Arcadia

-Hal Chaires, Old Town
DUVAL
Group 1-Tom Slade, 6257 Arthur Durham Dr., Jack-
sonville
Group 2-Harry Westberry, 152 Tallulah Ave., Jack-
sonville
Group 3-George B. Stallings, Jr., 409 Law Exchange
Bldg., Jacksonville
ESCAMBIA
Group 1-Gordon W. Wells, 1905 N. Magnolia Ave., Pen-
sacola
Group 2-George G. Stone, Rt. 1, Box 109-A, Atmore,
Alabama
FLAGLER
-William L. Wadsworth, Box 396, Bunnell
FRANKLIN
-Oliver Nash, Box 494, Apalachicola
GADSDEN
Group 1-W. M. Inman, Quincy
Group 2-C. Fred Arrington, Box 587, Havana
GILCHRIST
-H. E. Lancaster, Box 1435, Trenton

Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker
Pagan

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 9, 1962

GLADES
-Joe H. Peeples, Jr., Venus
GULF
-Ben C. Williams, Box N, Port St. Joe
HAMILTON
-J. W. McAlpin, White Springs
HARDEE
-Frank Bass, Route 1, Wauchula
HENDRY
-Charles E. Miner, Sr., 429 W. Pasadena Ave.,
Clewiston
HERNANDO
-John L. Ayers, Box 125, Brooksville
HIGHLANDS
-J. M. Adams, Jr., Avon Park
HILLSBOROUGH
Group 1-Woodie A. Liles, Box 551, Plant City
Group 2-Ren6 A. Zacchini, 4001 Sevilla St., Tampa
Group 3-Louis de la Parte, 308 Tampa St., Tampa
HOLMES
-J. J. Williams, Route 3, Bonifay
INDIAN RIVER
-Art Karst, 2311 Victory Blvd., Vero Beach
JACKSON
Group 1-J. M. Sims, Box 597, Mariapna
Group 2-Coy J. Mitchell, Box 26, Mdfranna
JEFFERSON
-George H. Anderson, Box 326, Monticello
LAFAYETTE
-Homer T. Putnal, Mayo
LAKE
Group 1-Welborn Daniel, Box 437, Clermont
Group 2-Leighton Lee Baker, Rt. 1, Box 382, Mt. Dora
LEE
-Bruce J. Scott, 1646 Temple Terrace, Fort
Myers
LEON
Group 1-Mallory E. Home, Box 228, Tallahassee
Group 2-Richard O. Mitchell, 107 Midyette-Moor Bldg.,
Tallahassee
LEVY
-Frank Marshburn, Box 855, Bronson
LIBERTY
-R. L. Hosford, Hosford
MADISON
-C. E. Russell, Box 135, Madison
MANATEE
Group 1-Wilbur Boyd, 2117 Seventh St., Palmetto
Group 2-Robert E. Knowles, Box 469, Bradenton
MARION
Group 1-William G. O'Neill, Box 253, Ocala
MARTIN
-William E. Owens, Rt. 1, Box 194, Stuart
MONROE
Group 1-Hilario (Charlie) Ramos, Jr., 1401 Duval St.,
Key West
Group 2-Jack A. Saunders, Box 727, Key West

NASSAU
-Claude E. Wingate, 631 N. Fletcher Ave.,
Fernandina Beach
OKALOOSA
Group 1-Maurice McLaughlin, Box 957, Ft. Walton
Beach
Group 2-James H. Wise, 302 E. Cedar Ave., Crestview
OKEECHOBEE
-W. Allen Markham, Box 428, Okeechobee
ORANGE
Group 1-Henry W. Land, Tangerine
Group 2-John L. Ducker, 614 Florida Natl. Bank Bldg.,
Orlando
OSCEOLA
-J. J. Griffin, Jr., Box 607, St. Cloud
PALM BEACH
Group 1-Jerry Thomas, 305 S. County Road, Palm
Beach
Group 2-Emmett S. Roberts, 636 S. E. Second St.,
Belle Glade
PASCO
-Tommy Stevens, Box 662, Dade City
PINELLAS
Group 1-James T. Russell, Box 10627, St. Petersburg
Group 2-Charles R. Holley, 2401 9th St., S., St. Peters-
burg
Group 3-Douglas J. Loeffier, Box 116, Largo
POLK
Group 1-Lawton M. Chiles, Jr., Box 1142, Lakeland
Group 2-Ray Mattox, 170 E. Haines Blvd., Lake Alfred
Group 3-Ben Hill Griffin, Jr., Box 368, Frostproof
PUTNAM
-James N. (Gator) Beck, 1617 Husson Ave.,
Palatka
ST. JOHNS
Group 1-F. Charles Usina, Box 177, St. Augustine
Group 2-A. H. (Gus) Craig, P. O. Drawer 99, St. Au-
gustine
ST. LUCIE
-Frank Fee, 2821 S. Indian River Dr., Ft. Pierce
SANTA ROSA
-John R. Broxson, 214 Cedar St., Milton
SARASOTA
Group 1-John W. Hasson, 2401 Waneta Dr., Sarasota
Group 2-Russell C. Jordan, Jr., 2101 Ringling, Sarasota
SEMINOLE
Group 1-Mack N. Cleveland, Jr., Box 220, Sanford
Group 2-Joe Davis, Edwards Bldg., Sanford
SUMTER
-E. C. Rowell, Box 328, Wildwood
SUWANNEE
-Leon N. McDonald, 409 Helvenston St., Live
Oak
TAYLOR
-Ben Whitfield, 113 Magnolia Dr., Perry
UNION
-C. A. Roberts, Route 1, Lake Butler
VOLUSIA
Group 1-Frederick B. Karl, 501 N. Grandview Ave.,
Daytona Beach

4

November 9, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

WAKULLA
-Bobby Russ, Rt. 2, Box 275, Crawfordville
WALTON
-James H. Prescott, Rt. 1, Box 139, DeFuniak
Springs
WASHINGTON
-Ralph C. Carter, Route 4, Chipley
The Chair announced that the House would proceed to
elect a temporary chairman and that nominations were in
order.
Mr. Daniel of Lake nominated the Honorable William
G. O'Neill of Marion as temporary chairman.
Mr. Westberry of Duval seconded the nomination of Mr.
O'Neill as temporary chairman.
Mr. Fagan of Alachua moved that nominations be closed
and a unanimous ballot be cast for Mr. O'Neill of Marion
as temporary chairman.
The motion was agreed to.
Mr. Boyd of Manatee moved that a committee be ap-
pointed to escort Mr. O'Neill to the rostrum.
The motion was agreed to.
Thereupon, the Chair appointed Messrs. Boyd of Mana-
tee, Hollahan of Dade, and Griffin of Osceola as the com-
mittee which escorted Mr. O'Neill to the rostrum where he
was presented to and briefly addressed the Membership
of the House.

MR. O'NEILL IN THE CHAIR
The Chairman announced he would now receive nomi-
nations for Speaker of the House of Representatives.
Mr. Mitchell of Leon nominated the Honorable Mallory
E. Horne of Leon for Speaker.
Mr. Karst of Indian River seconded the nomination.
Mr. Boyd of Manatee seconded the nomination.
Mr. Hollahan of Dade seconded the nomination.
Mr. Miner of Hendry seconded the nomination.
Mr. Rowell of Sumter moved that nominations be closed
and a unanimous ballot be cast for the Honorable Mallory
E. Home of Leon as Speaker of the House of Representa-
tives.
The motion was agreed to, and the nominations were
declared closed.
Upon call of the roll on the election for the Speaker
of the House of Representatives, the vote for the Honor-
able Mallory E. Horne was:

Davis
de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster

Land
Liles
Loeffler
Long
Markham
Marshburn
Matthews
Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
Owens
Peeples
Prescott
Putnal
Ramos

Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Thomas,A.J.,Jr.
Thomas, J.
Usina

Wadsworth Westberry Williams, J.J. Zacchini
Walker Whitfield Wingate
Wells Williams, B.C. Wise
Yeas-90.
Nays-None.
The Honorable Mallory E. Horne was declared the duly
elected Speaker of the House of Representatives.
Mr. Long of Broward moved that a committee be ap-
pointed to escort the Speaker and Mrs. Mallory E. Home,
together with their children, Mallory, Jr., and David, and
Mrs. Cleveland R. Home, Sr., the Speaker's mother, to
the rostrum.
The motion was agreed to.
Thereupon, the Chair appointed Messrs. Chaires of
Dixie, Chiles of Polk, McAlpin of Hamilton, and Griffin
of Polk as the Committee which escorted the Speaker and
his family to the rostrum.
The Chair then presented Mrs. Mallory E. Home, Mal-
lory, Jr., David, and Mrs. Cleveland R. Home, Sr., to the
Membership of the House.
Justice Millard Caldwell of the Supreme Court ad-
ministered the oath of office to the Speaker and presented
him with the Bible on which the oath was taken.
The Chair then presented the Speaker who addressed
the Membership of the House as follows:
My Distinguished Colleagues, Distinguished Members
of the Cabinet, Fellow Citizens-
You have honored me beyond words. It is extremely
difficult to take from the bounty of your friendship so
much and recognize at the outset that I am capable of
returning so little for it.
I can't resist the temptation this morning of telling you
what you have now done. I do want to give you this little
bit, because it meant so much to me at the beginning of
my legal career. Done in the eloquent and simple words
of a former boss of mine, now a close friend and distin-
guished member of the state judiciary, the Honorable
Millard F. Caldwell.
Justice Caldwell gave me a job in his law firm shortly
after my graduation. After some two years with them I
went into an office conference and announced that I was
going into business for myself. Former Governor Caldwell
looked at me, as he had often done, very seriously and
said:
"You know this reminds me of a true story over in Milton.
In our city there we had a town imbecile for whom we
had done a great deal, and we wanted to recognize and
nurture his pride. We had given him a job there through
the county to shine the brass cannon that was in the yard
of our courthouse every day. He was doing a magnificent
job of that. He was awfully proud of his position, and he
did this for several years. To our utter dismay he came
in one day and said, 'Gentlemen, I am resigning from my
job.' We asked him what in the world he intended to do.
He said, 'Gentlemen of the Commission, I have saved my
money, bought my own cannon, and I am going into busi-
ness for myself.' "
In expressing my gratitude to you for this high honor
and tribute, I pledge in return that which I trothed you
from the outset. I promise to you that I will be a member's
Speaker; that I will try to create an atmosphere in this
session so that this deliberative body can accomplish
those things which you desire, and to that end I dedicate
my every hour.
To the new members of the House who come in this
Extraordinary Session, I would give my apologies. I re-

5

The Chair
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chiles
Cleveland
Craig
Crews
Daniel

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 9, 1962

gret very deeply that your opening day could not be filled
with all the joyous atmosphere that accompanies most of
the convenings of the Florida Legislature. I know that
there is some regret and remorse in the assumption of
your role here today. In apologizing, I would yet say to
you that this constitutes an extreme challenge to you. I
know that this is the first time in years that freshmen
members of the House have come here without the benefit
of a rather exhaustive freshmen school.
From all of us who have labored here for years, I would
pledge to you that we will do all within our power to
generate the kind of enthusiasm to welcome you into one
of the greatest deliberative bodies that I have ever had
the experience of watching. I would tell to you that you
will sit side by side and deliberate arm in arm with a
group of men whom no epithets can ably describe.
In spite of all the labels that have been used down
through the years to minimize and destroy the image of
the public in the Legislature, I would stand here in pride
for the manner in which they have accomplished those
functions ascribed to them. I think you will shortly find
and agree with me that your comrades in the fulfilment
of the legislative function of this State is one that would
create pride. I stand here in tribute to them. My speaker-
ship will be dedicated to them. The atmosphere of which
I spoke will be dedicated to the progress and to the labor
that they contribute to this State.
I think for all of us in this hour, a brief review of where
we are now would be fitting and proper. To those of you
who have not been involved in this arduous struggle, I
would say that it has not meant that men have distrusted
men in this Legislature or that it has destroyed friend-
ships within this bound. I would say that it has become
a chasm only so far as this issue itself is concerned, and
I hope you approach it in that vein. I know that no matter
how hostile or belligerent you might be that your own par-
ticular philosophy has not been expressed, no matter what
side you take, that in sober reflection you will recognize
that this is, after all, the legislative process and the
scheme of things in this great nation. Boiling down into
the composite of some fair and equitable response to this
challenge is your duty here. In that atmosphere I am sure
that it will be done, and it will be a tribute not only to
you individually but to this great State. I challenge you
to approach it with this attitude.
I know that you recognize that we are brought here
from a diversity of philosophic, sociological and economic
factors that are rather traumatic. As you come into this
hall to mold your philosophy and your thinking with your
comrades in the House, you will recognize immediately
that each brings into this experience the feelings and
attitudes and the hopes and aspirations of the people he
represents. He does so dedicated and with sincerity. So
long as you respect that approach, so long as you are
willing to differ and to differ sharply and strongly and
yet yield not to the temptation to destroy the individual
relationship, whatever you do will be notable and will be
worthy of the seal of the State of Florida. I challenge you
that and mention real briefly the history of that which
we undertake here now.
This has been for nine years a tremendous struggle,
one difficult and different from every problem you will
undertake separate from this. For in all other matters
there is one "yes" or one "no". Here you have the dif-
ficult assignment of determining a number and a distribu-
tion of that number. You approach this with all of this
diverse background of philosophy, capacity, and ability.
You do so in the atmosphere that I tried to encourage to
those of you who have not enjoyed it heretofore.
In all these years of struggle there have been many,
many, many plans presented to the Legislature. There
have been sharp differences, but I would say to you that
I have never seen the gentleman from Dade, Mr. Hollahan,

unwilling to discuss with the gentleman from Gilchrist,
Mr. Lancaster, their differences of opinion. I would say
that this undertaking, no matter how it has been labeled
throughout the State, has been noble in disagreement.
The cherished right to disagree has been maintained to
the ultimate. As we have gone through these years of
struggle in this particular field, it has been that which
has created the point to which we are now entering.
There is great misunderstanding here as we approach
this proposition. Some of you, without the benefit of the
background, might be confused and yield to being hostile
and belligerent to your neighbor. In an atmosphere of
solution, I hope you will undertake it; and I will give you
the tools with which to do so in the attitude of fairness,
respect, and equity.
With that I wish you all the best of success. I would
leave you with a paraphrase of the words of a great gen-
tleman of the history of this nation, Mr. Webster, who
said at a similar time in the history of the nation that we
are now presented with insofar as this State is concerned:
"When these dimming eyes of mine last view the
setting sun I pray to my God eternal they shall behold
a state united."
Thank you very much for your faith and your confi-
dence. I will do all within my power to respond in full
measure as you would have me do. Thank you.

THE SPEAKER IN THE CHAIR.
The Speaker announced he would now receive nomina-
tions for Speaker Pro Tempore of the House of Represen-
tatives.
Mr. Arrington of Gadsden nominated the Honorable
Bobby Russ of Wakulla as Speaker Pro Tempore.
Mr. Cleveland of Seminole seconded the nomination.
Mr. Wells of Escambia seconded the nomination.
Mr. Thomas of Palm Beach moved that nominations
be closed and a unanimous ballot be cast for the Honor-
able Bobby Russ of Wakulla as Speaker Pro Tempore.
The motion was agreed to, and the nominations were
declared closed.
Upon call of the roll on the election of the Speaker
Pro Tempore of the House of Representatives, the vote
for the Honorable Bobby Russ was:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn

Matthews Sims
Mattox Slade
McAlpin Smith
McDonald Smoak
McLaughlin Stallings
Miner Stevens
Mitchell, C.J. Stone
Mitchell, R.O. Strickland
Nash Thomas,A.J.,Jr.
O'Neill Thomas, J.
Owens Usina
Peeples Wadsworth
Prescott Walker
Putnal Wells
Ramos Westberry
Roberts, C.A. Whitfield
Roberts, E.S. Williams, B.C.
Rowell Williams, J.J.
Russell, C.E. Wingate
Russell, J.T. Wise
Saunders, J.A. Zacchini
Saunders, S.D.
Scott

Yeas-90.
Nays-None.
Thereupon, the Honorable Bobby Russ was declared

6

November 9, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

the duly elected Speaker Pro Tempore of the House of
Representatives.
Mr. Bennett of Bay moved that a committee be ap-
pointed to escort the Speaker Pro Tempore and Mrs.
Bobby Russ, together with their daughters, Janet, Ginger
and Cindy, to the rostrum.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Bennett of
Bay, Marshburn of Levy, and Knowles of Manatee as the
committee which escorted the Speaker Pro Tempore and
his family to the rostrum.
The Speaker then presented Mrs. Russ and daughters
to the Membership of the House.
Justice Millard Caldwell of the Supreme Court admin-
istered the oath of office to the Speaker Pro Tempore,
after which he was presented by the Speaker and ad-
dressed the Membership of the House.
The Speaker announced he would now receive nomin-
ations for the office of Sergeant-at-Arms of the House of
Representatives.
Mr. Liles of Hillsborough nominated Mr. W. A. Ballen-
tine as Sergeant-at-Arms.
Mr. Crews of Baker seconded the nomination.
Mr. Saunders of Monroe moved that nominations be
closed and a unanimous ballot be cast for Mr. Ballen-
tine.
The motion was agreed to, and Mr. W. A. Ballentine
was declared duly elected as Sergeant-at-Arms of the
House of Representatives.
Mr. Wingate of Nassau moved that a committee be ap-
pointed to escort Mr. Ballentine to the rostrum.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Wingate of
Nassau, Stone of Escambia, and de la Parte of Hillsbor-
ough as the committee which escorted the Sergeant-at-
Arms to the rostrum where he received the oath of of-
fice administered by Justice Millard Caldwell of the Su-
preme Court and was then presented by the Speaker to
the Members.
Mr. Mitchell of Leon moved that a committee be ap-
pointed to inform the Senate that the House was or-
ganized and ready to transact business.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Mitchell of
Leon, Hollahan of Dade, and McDonald of Suwannee as
the committee to notify the Senate that the House of
Representatives was organized and ready to transact
business. After a brief absence the committee returned
and reported that it had performed the duty assigned it
and was thereupon discharged.
Mr. Lancaster of Gilchrist moved that a committee be
appointed to wait upon His Excellency, Governor Farris
Bryant, and to notify him that the House was organized
and ready to transact business.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Lancaster
of Gilchrist, Marshburn of Levy, and Faircloth of Dade
as the committee which retired from the Chamber, and
after a brief absence returned and reported that it had
performed the duty assigned it and was thereupon dis-
charged.
A committee consisting of Senators Mathews of the
18th District, Ryan of the 30th District, and Williams of

the 4th District appeared at the bar of the House and
announced that the Senate was organized and ready to
transact business.
COMMUNICATION
The following communication was received and read:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE
November 9, 1962
The Honorable Mallory E. Horne
Speaker, House of Representatives
The Capitol
Tallahassee, Florida
Dear Mr. Speaker:
I desire to address your Honorable Body in joint session
with the Senate on Monday, November 12, 1962 to present
to you the purpose of the call which I presented under
date of November 7, 1962. If it is convenient, I suggest
the time of 2:00 p.m.
Respectfully,
FARRIS BRYANT
Governor

INTRODUCTION OF HOUSE RESOLUTIONS AND
CONCURRENT RESOLUTIONS
By Mr. Rowell of Sumter-
H. R. No. 1-XX-A House Resolution providing for the
rules of procedure of the House of Representatives of
the 1962 Extraordinary Session of the Florida Legisla-
ture, convened on November 9, 1962.
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 Extraordinary Session of the
Florida Legislature convened on August 1, 1962, 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 appropriate
select committees for the purpose of accomplishing the
objectives envisioned by the call of the Governor.
-was read the first time by title.
Mr. Rowell moved that House Resolution No. 1-XX be
read the second time in full.
The motion was agreed to, and House Resolution No.
1-XX was read the second time in full.
Mr. Rowell moved the adoption of the resolution.
The motion was agreed to, and House Resolution No.
1-XX was adopted.
By Mr. McAlpin of Hamilton-
H. R. No. 2-XX-A House Resolution providing for the
policies of the House of Representatives of the 1962
Extraordinary Session of the Florida Legislature, con-
vened on November 9, 1962.
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

7

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 9, 1962

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. McAlpin moved that House Resolution No. 2-XX
be read the second time in full.
The motion was agreed to, and House Resolution No.
2-XX was read the second time in full.
Mr. McAlpin moved the adoption of the resolution.
The motion was agreed to, and House Resolution No.
2-XX was adopted.
By Mr. Rowell of Sumter-
H. C. R. No. 3-XX-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 2:00 P.M., November 12, 1962.
WHEREAS, His Excellency Farris Bryant, Governor of
Florida, has expressed a desire to address the Legisla-
ture of Florida in Joint Session on Monday, November
12, 1962;
Now, Therefore, Be It Resolved by the House of Representa-
tives, the Senate Concurring:
That the House of Representatives and the Senate
convene in Joint Session in the Chamber of the House of
Representatives at 2:00 P. M., Monday, November 12, 1962,
for the purpose of receiving the Governor's message.
-was read the first time in full.
Mr. Rowell moved that the rules be waived and House
Concurrent Resolution No. 3-XX be read the second time
in full.
The motion was agreed to by a two-thirds vote, and
House Concurrent Resolution No. 3-XX was read the sec-
ond time in full.

Mr. Rowell moved the adoption of the concurrent reso-
lution.
The motion was agreed to, and House Concurrent Reso-
lution No. 3-XX was adopted and ordered certified to the
Senate.
CONSIDERATION OF MESSAGES FROM THE
SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida,
November 9, 1962
The Honorable Mallory E. Home
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. Rowell of Sumter-
H. C. R. No. 3-XX-A Concurrent Resolution providing
that the House of Representatives and the Senate con-
vene in joint session in the chamber of the House of
Representatives at 2:00 P. M., November 12, 1962.
WHEREAS, His Excellency Farris Bryant, Governor
of Florida, has expressed a desire to address the Legisla-
ture of Florida in Joint Session on Monday, November
12, 1962.;
Now, Therefore, Be It Resolved by the House of Represen-
tatives, 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 2:00 P. M., Monday, November 12,
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-XX, contained
in the above message, was ordered enrolled.
Mr. Rowell moved that the House adjourn to reconvene
at 1:30 P.M. Monday, November 12, 1962.
The motion was agreed to.
Thereupon, at the hour of 12:46 P. M., the House stood
adjourned until Monday, November 12, 1962.

8

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Monday, November 12, 1962

The House was called to
P. M.
The roll was taken and
recorded present:

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn

order by the Speaker at 1:30

the following Members were

Matthews Sims
Mattox Slade
McAlpin Smith
McDonald Smoak
McLaughlin Stallings
Miner Stevens
Mitchell, C.J. Stone
Mitchell, R.O. Strickland
Nash Sweeny
O'Neill Thomas,A.J.,Jr.
Owens Thomas, J.
Prescott Turlington
Pruitt Usina
Putnal Wadsworth
Ramos Walker
Roberts, E.S. Wells
Rowell Westberry
Russ Whitfield
Russell, C.E. Williams, B.C.
Russell, J.T. Williams, J.J.
Saunders, J.A. Wingate
Saunders, S.D. Wise
Scott Zacchini

Excused: Messrs. Craig, Roberts of Union, and Peeples.
A quorum present.
The Speaker announced the appointment of Dr. C. A.
Roberts, Pastor of the First Baptist Church of Tallahas-
see, as Chaplain.
The following prayer was offered by the Chaplain:
Dear Father, help these men to help themselves, and
in so doing to help their State. In Christ's Name. Amen.
Pledge of Allegiance to the Flag.
CORRECTION OF THE JOURNAL
The Journal for Friday, November 9, was ordered cor-
rected and as corrected was approved.
The following Members came forward and were admin-
istered the oath of office by Justice Stephen C. O'Connell of
the Supreme Court of Florida:
ALACHUA
Group 1-Ralph D. Turlington, Gainesville
BREVARD
-James H. Pruitt, Eau Gallie
MARION
Group 2-William V. Chappell, Jr., Ocala
VOLUSIA
Group 2-James H. Sweeny, Jr., DeLand
ANNOUNCEMENTS
The Speaker announced the appointment of the following
select committees in accordance with the provisions of
House Resolution No. 1-XX:
SELECT COMMITTEE ON RULES & CALENDAR
Messrs. Chappell of Marion, Chairman; Rowell of Sumter,
Vice-Chairman; Anderson of Jefferson, Arrington of Gads-

den, Ayers of Hernando, Beck of Putnam, Bennett of Bay,
Chaires of Dixie, Chiles of Polk, Cleveland of Seminole,
Crews of Baker, Faircloth of Dade, Griffin of Osceola, Lan-
caster of Gilchrist, Marshburn of Levy, O'Neill of Marion,
Peeples of Glades, Putnal of Lafayette, Turlington of Ala-
chua, Westberry of Duval, and Wise of Okaloosa.
SELECT COMMITTEE ON CONSTITUTIONAL
AMENDMENTS & APPORTIONMENT
Messrs. Daniel of Lake, Chairman; Sweeny of Volusia,
Vice-Chairman; Boyd of Manatee, Carter of Washington,
Chaires of Dixie, Fagan of Alachua, Griffin of Polk, Hol-
lahan of Dade, Jones of Bay, Lancaster of Gilchrist, Liles
of Hillsborough, Markham of Okeechobee, Mitchell of
Leon, O'Neill of Marion, Rowell of Sumter, Saunders
of Monroe, Saunders of Clay, Smith of DeSoto, Stallings
of Duval, Stone of Escambia, Strickland of Citrus, Thomas
of Palm Beach, and Wingate of Nassau.
The Speaker also announced that he has consolidated the
Committees on House Administration and Personnel and
created the Select Committee on House Management, and
appointed Mr. McAlpin of Hamilton as Chairman.
ENROLLING REPORT
Your Enrolling Clerk to whom was referred-
House Concurrent Resolution No. 3-XX
-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 November 12, 1962.
Irma Linn
Enrolling Clerk
The Speaker appointed Messrs. Hollahan of Dade, Long
of Broward and Westberry of Duval as a committee to
wait upon the Senate and advise that body that the House
was ready to receive the Senate in Joint Session. The
committee retired and after a short absence returned and
reported that their mission had been accomplished.
JOINT SESSION
The Members of the Senate, escorted by the Sergeant-
at-Arms of the Senate and the Sergeant-at-Arms of the
House, appeared at the bar of the House and were
awarded seats.
Thereupon, Senator Wilson Carraway, President of the
Senate, took the Chair.
THE PRESIDENT OF THE SENATE IN THE CHAIR
The roll of the House of Representatives was called and
the following Members answered to their names:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
9

Chaires
Chappell
Chiles
Cleveland
Crews
Daniel
Davis
de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.

Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles

Loeffler
Long
Markham
Marshburn
Matthews
Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Crews
Daniel
Davis
de la Parte
Ducker

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 12, 1962

Owens Russell, J.T. Stevens Walker
Prescott Saunders, J.A. Stone Wells
Pruitt Saunders, S.D. Strickland Westberry
Putnal Scott Sweeny Whitfield
Ramos Sims Thomas,A.J.,Jr. Williams, B.C.
Roberts, E.S. Slade Thomas, J. Williams, J.J.
Rowell Smith Turlington Wingate
Russ Smoak Usina Wise
Russell, C.E. Stallings Wadsworth Zacchini
A quorum of the House of Representatives present.
The roll of the Members of the Senate was called, and
the following Senators answered to their names:

Mr. President
Askew
Barron
Blank
Boyd
Bronson
Clarke
Connor
Covington

Cross
Edwards
Friday
Galloway
Gautier
Gibson
Herrell
Hodges
Johns

Johnson (19th) Pope
Johnson (6th) Price
Kelly Roberts
McCarty Ryan
Mapoles Tucker
Mathews Whitaker
Melton Williams (27th)
Parrish Williams (4th)
Pearce Young

A quorum of the Senate present.
The President of the Senate declared a quorum of the
Joint Session of the Florida Legislature present.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain of the House:
Dear Father, we pray that Thou wouldst magnify the
things which bind us, that Thou wouldst minimize the
things which divide us, and give these men insight to do
their work well. For Christ's sake. Amen.
Senator Parrish of the 37th District moved that a
committee be appointed to notify His Excellency, Governor
Farris Bryant, that the Joint Session of the Legislature
was assembled and ready to receive his message.
The motion was agreed to.
Thereupon, the President of the Senate appointed
Senators Parrish of the 37th, Herrell of the 13th, and
Messrs. Lancaster of Gilchrist, Marshburn of Levy and
O'Neill of Marion, who retired to perform their mission.
The House Sergeant-at-Arms appeared at the bar of
the House escorting the Honorable Tom Adams, Secretary
of State; the Honorable Richard W. Ervin, Attorney Gen-
eral; the Honorable Doyle E. Conner, Commissioner of
Agriculture; and the Honorable Thomas D. Bailey, Super-
intendent of Public Instruction, constituting the Cabinet
of the State of Florida, together with Chief Justice B. K.
Roberts, Justice Glenn Terrell, Justice Elwyn Thomas,
Justice E. Harris Drew, Justice Campbell Thornal and
Justice Stephen C. O'Connell, constituting the Supreme
Court of Florida, who were thereupon awarded seats of
honor.
The committee appointed to wait upon the Governor
reappeared at the bar of the Joint Session escorting His
Excellency, Farris Bryant, Governor of Florida.
The President of the Senate then presented His Excel-
lency, Governor Farris Bryant, who delivered the follow-
ing message:
MESSAGE OF GOVERNOR FARRIS BRYANT
TO
THE LEGISLATURE OF FLORIDA CONVENED
IN EXTRAORDINARY SESSION
NOVEMBER 12, 1962
Mr. President, Mr. Speaker, Members of the Senate and
House of Representatives of the Legislature of the State
of Florida, Ladies and Gentlemen.
The provisions of the Florida Constitution, the order of
the District Court of the United States for the Southern
District of Florida in the cases of Sobel vs Adams and

Swann vs Adams and the verdict of the people of Florida
rendered in the general election on November 6 on pro-
posed Constitutional Amendment No. 1 have brought us
to a moment of crisis in the political history of our State.
We are hoist on the horns of a dilemma.
The problem of reapportionment, even when it required
for solution only a majority vote of these bodies, was so
difficult as to defy solution from 1945 until this year.
When, by reason of developing popular opinion, the need
was created for reapportionment beyond that permitted by
the constitutional formula and it became necessary to
secure a three-fifths majority of each house to improve
that formula, the difficulty of achieving a solution was
compounded. Now that, because of the necessity for emer-
gency action, a three-fourths majority vote of each house
is required to approach a solution, the difficulty has in-
creased in a geometric ratio. Add to that the fact that
with each unsuccessful effort the apparent demands of
the citizens of Florida increase, and the further considera-
tion that time available for addressing ourselves to a suc-
cessful solution is reduced from years to the span of one
week. It would be foolish not to recognize the herculean
nature of the task we face.
The courses of action open to us are few in number:
1. We can fail or refuse to take any action. I am not pre-
pared to participate in that conclusion, because the
responsibility is clearly ours to act.
2. You could adopt a reapportionment plan by a simple
statute. Inasmuch as I understand the order of the
Federal Court to have relieved us of the limitations
imposed by our Constitution. I favored this approach
when I addressed you August 1, but a decision was
made to submit this matter to the people. I do not
now feel that, having suffered an adverse decision at
their hands, we could conscientiously withdraw the
matter from further consideration by them, and I
would hope you would not try that approach.
3. You could propose a constitutional amendment which
would delegate the responsibility and shift the power
to others to make the decision for you. I have found
no sentiment in these bodies for that approach, and
cannot myself conscientiously recommend it.
4. You can adopt by the necessary three-fourths ma-
jority a plan which is an improvement over that sub-
mitted to the people on November 6. This is our
proper course. In my message to these bodies on Au-
gust 1, I commended a plan to you for consideration.
I believed then, and believe now, that it merits your ap-
proval.
5. You can submit to the people of Florida alternate
proposals, one reflecting the views of those members
of these bodies representing 50% of the population
living in the larger counties, and one reflecting the
views of those members of these bodies representing
the 50% of the population living in the medium size
and smaller counties. If you are unable to agree on a
single measure to submit to the people, this approach
seems to me to have merit. Since this is a new idea,
may I dwell on it for a moment at greater length.
Heretofore all proposals submitted to the people
have been contrasted in their minds with some vague
and general proposal represented in ideal terms and
never defined. The people of Florida have been as-
sured that if they would turn down the proposal being
offered to them in specific terms on several occasions
that they would have "something better." It is human
nature to want "something better," but it is enlight-
ening to note that each time something better was
offered it was turned down because the illusory goal
had moved on. Like the pot of gold at the end of the
rainbow it moved on over the horizon without losing
its beauty or its glow.

10

November 12, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Let us then reduce this "something better" to con-
crete terms so that the people can with discrimination
and precise information evaluate the real choices be-
fore them. I suspect that some of these choices will
lose their charm when converted into specifics. In any
event the choice will rest in the hands of the people of
Florida represented in greater or less degree by all
of us and it is right that they should make the de-
cision.
I know there are those who fear that the proposals
submitted would be radical and, therefore, dangerous.
I do not share that fear. Each group will, of necessity,
design a plan to attract rather than to repel. The group
representing the larger counties, for instance, while de-
siring to attract the voters of Dade County and Bro-
ward, will not want to repel the voters of Duval County
and Escambia and Alachua and Lee. The group rep-
resenting the small counties on the other hand, while
perhaps desirous of maintaining the status quo, will
want to design a plan which will attract voters from
the larger counties as well as from the small and any
plan must secure judicial approval.
The Attorney General assures me that this program
is legally practicable, and if you wish to work in that
direction, I shall be glad to work with you.
Let me conclude by saying that the representatives of the
big counties in Florida have a responsibility which, to this
date, they have not discharged. You have the responsibility
not only of opposing those proposals which seem to you in-
equitable, but of proposing a solution which is not only
equitable but acceptable to the people of Florida. I have not
analyzed election returns of last Tuesday with any care,
but I sense that as we draw closer to a plan which will please
Dade, Broward, Pinellas, and Hillsborough, that there will
be a rising tide of opposition in many other counties of the
state. It is a characteristic of the voter that he can be
aroused more easily to vote "no" than "yes;" that his ten-
dency, whenever in doubt is to vote "no" rather than "yes."
I think it wise to recognize that some of the "no" votes cast
November 6 were cast not because the proposal did not give
enough representation to the large counties but because in
the minds of some people it gave too much, and this small
group can be expected to grow as the plans submitted for
consideration approach directly proportional representation.
I have been meeting with representatives of those counties
in which the majority of the people opposed the plan sub-
mitted last Tuesday in the hope that from them could be
developed a proposal which I could submit to you today. It
is a commentary on the dilemma in which we find ourselves
that even in that relatively homogeneous group there was
no plan for which a three-fourths majority could be mus-
tered.
It is my sincere hope that the plan I have suggested of
permitting the large counties to join in submitting a pro-
posal will result in a definitive plan for consideration.
We seek an ideal-an ideal which is differently conceived
in each mind. It is well to remember that while we have
been seeking it these last eight years Florida has been mov-
ing forward. Decisions are being made. While we dispute
over what improvement to make, no improvement is made.
There are statesmen in these Houses. Florida and the
cause of constitutional government never needed you more.
Every man in this legislature sought the privilege of
serving. That privilege carries a responsibility you may not
avoid. The people of Florida are entitled to a full measure
of performance.
THE PRESIDENT OF THE SENATE IN THE CHAIR
The committee consisting of Senators Parrish of the

37th and Herrell of the 13th, and Messrs. Lancaster of Gil-
christ, Marshburn of Levy, and O'Neill of Marion, then
escorted the Governor from the rostrum and from the
House Chamber, followed by members of the Cabinet and
the Supreme Court Justices.
Senator Hodges of the 21st District moved that the Joint
Session dissolve and the Senate resume its session in the
Senate Chamber.
The motion was agreed to and the Senators retired to
the Senate Chamber.
The House reconvened at 2:15 P.M.

THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 89 Members present.
Mr. Chappell moved that the House now resolve itself
into the Committee of the Whole House.
The motion was agreed to, and it was so ordered.
The Speaker appointed Mr. O'Neill as temporary chair-
man for the purpose of electing a permanent chairman of
the Committee of the Whole House.
Thereupon at the hour of 2:20 P.M., the House resolved
itself into a Committee of the Whole House, Mr. O'Neill
presiding.
The Committee of the Whole House having arisen-
The House reconvened at 2:27 P.M.

THE SPEAKER IN THE CHAIR
The roll was taken to determine the presence of a
quorum.
A quorum of 92 Members present.
The Speaker, having been elected as permanent chair-
man of the Committee of the Whole House, reported that
the Committee had authorized him to appoint a sub-com-
mittee composed of the Members of the House representing
the five largest counties of the State and those Members
representing the counties whose electors failed to ratify
the proposed amendment to Article VII of the State Con-
stitution at the General Election held on November 6,
1962, to draft a proposal on the subject of reapportioning
the Legislature.
Pursuant to the authorization of the Committee of the
Whole House, the Speaker announced he had appointed
the following Members as the sub-committee: Mr. Liles of
Hillsborough, Chairman; Mr. Boyd of Manatee, Vice-
Chairman; Messrs. Hollahan, Faircloth, and Matthews of
Dade; Slade, Westberry, and Stallings of Duval, Allsworth
and Long of Broward, Adams of Highlands, Zacchini and
de la Parte of Hillsborough, Russell of Madison, Knowles
of Manatee; Thomas and Roberts of Palm Beach, Russell,
Holley, and Loeffier of Pinellas, Stevens of Pasco, Chiles,
Mattox, and Griffin of Polk and Karl and Sweeny of
Volusia.
Mr. Chappell 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 2:30 P.M., the House stood
adjourned until 11:00 A.M. tomorrow.

11

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Tuesday, November 13, 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
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker
Fagan

Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Matthews
Mattox

McAlpin Smith
McDonald Smoak
McLaughlin Stallings
Miner Stevens
Mitchell, C.J. Stone
Mitchell, R.O. Strickland
Nash Sweeny
O'Neill Thomas,A.J.,Jr.
Owens Thomas, J.
Peeples Turlington
Prescott Usina
Pruitt Wadsworth
Putnal Walker
Ramos Wells
Roberts, E.S. Westberry
Rowell Whitfield
Russ Williams, B.C.
Russell, C.E. Williams, J.J.
Russell, J.T. Wingate
Saunders, J.A. Wise
Saunders, S.D. Zacchini
Scott
Sims
Slade

Excused: Messrs. Roberts of Union and Bedenbaugh.
A quorum present.
The following prayer was offered by the Reverend
George L. Starke, associate to Dr. C. A. Roberts, Chaplain
of the House:
Dear Lord, grant us this day wisdom and understand-
ing that can become foundations to sound judgment and
good will. In Thy name we pray. Amen.

ANNOUNCEMENTS
The Speaker announced that he had appointed Mr.
Allsworth of Broward as a member of the Select Com-
mittee on Constitutional Amendments & Apportionment.
Mr. Markham of Okeechobee announced that he had
learned of the official canvass of the votes cast in the Gen-
eral Election on November 6, 1962, and that the electors
of Okeechobee County had overwhelmingly ratified the
proposed amendment to Article VII of the State Constitu-
tion relating to census and apportionment, and for that
reason requested his name be removed from the list of
Members appointed as a sub-committee of the Committee
of the Whole House to draft a proposal on the subject of
reapportioning the Legislature.

CORRECTION OF THE JOURNAL
The Journal for Monday, November 12, was ordered
corrected as follows:

On page 10, column 2, line 6, counting from the bottom
of the page, strike out "and Markham of Okeechobee."
And at the end of line 7, counting from the bottom of the
page, strike out the comma and insert a period.

The Journal for Monday, November 12, as corrected,
was approved.

INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Messrs. McAlpin of Hamilton and Jones of Bay-
H. R. No. 4-XX-A Resolution in memory of the Honor-
able Raeburn C. Home.
WHEREAS, Raeburn C. Horne passed away on Novem-
ber 6, 1962, and
WHEREAS, Raeburn C. Horne served as a member of
the Florida House of Representatives from Madison
county in 1931 and 1947, and
WHEREAS, Raeburn C. Horne served as a member of
the Florida Senate in 1939 and 1941, and
WHEREAS, The Florida House of Representatives feels
that the life of Raeburn C. Horne should be placed in the
public records, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:
That the House of Representatives of the State of Flor-
ida make this public record of the life and achievements
of its former member:
IN MEMORIAL
RAEBURN C. HORNE
The Honorable Raeburn C. Home, a native of Florida,
was born in Jasper, Hamilton county, Florida, on October
7, 1896, and attended the public schools in that county.
He studied law in law offices in Glades county and was
admitted to practice in 1924. He served as County Judge
for Glades county for four years prior to moving to Madi-
son in 1926, where he continued the practice of law. He
was the owner of the Madison Finance Company, and an
incorporator of the Merchants and Farmers Bank of
Madison.
Mr. Horne represented Madison county in the Florida
House of Representatives in 1931 and 1947, and repre-
sented the Tenth District in the Florida Senate in 1939
and 1941. While in the Senate he served as Chairman of
the Finance and Taxation Committee in 1939, and as
Chairman of the Rules Committee in 1941.
His death saddened his many friends, both in and out-
side the legislature, and as a final measure of respect,
BE IT FURTHER RESOLVED, that we, the members of
the Florida House of Representatives, by means of this
resolution, express our sorrow at the passing of Raeburn
C. Horne and humbly express our appreciation for the con-
tribution he made to both his county and state; and
BE IT FURTHER RESOLVED, that a copy of this reso-
lution be delivered to the widow of Raeburn C. Home, Mrs.
Esther Knight Home, and be spread upon the Journal of
this House and be made a permanent part of the record
of the Florida House of Representatives.
-was read the first time by title.
Mr. McAlpin moved that House Resolution No. 4-XX be
read the second time in full.
The motion was agreed to, and House Resolution No.
4-XX was read the second time in full.

12

November 13, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Messrs. McAlpin of Hamilton and Jones of Bay-

Sqouse XResolution 4=XX

A RESOLUTION IN MEMORY OF THE HONORABLE RAEBURN C. HORNE.
WHEREAS, Raeburn C. Horne passed away on November 6, 1962, and
WHEREAS, Raeburn C. Horne served as a member of the Florida House of Repre-
sentatives from Madison county in 1931 and 1947, and
WHEREAS, Raeburn C. Home served as a member of the Florida Senate in 1939 and
1941, and
WHEREAS, the Florida House of Representatives feels that the life of Raeburn C.
Horne should be placed in the public records, NOW, THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF
FLORIDA:
That the House of Representatives of the State of Florida make this public record of
the life and achievements of its former member:

IN MEMORIAL
RAEBURN C. HORNE

The Honorable Raeburn C. Home, a native of Florida, was born in Jasper, Hamilton
county, Florida, on October 7, 1896, and attended the public schools in that county. He
studied law in law offices in Glades county and was admitted to practice in 1924. He
served as County Judge for Glades County for four years prior to moving to Madison in
1926, where he continued the practice of law. He was the owner of the Madison Finance
Company, and an incorporator of the Merchants and Farmers Bank of Madison.
Mr. Horne represented Madison county in the Florida House of Representatives in 1931
and 1947, and represented the Tenth District in the Florida Senate in 1939 and 1941. While
in the Senate he served as Chairman of the Finance and Taxation Committee in 1939, and
as Chairman of the Rules Committee in 1941.
His death saddened his many friends, both in and outside the legislature, and as a
final measure of respect,
BE IT FURTHER RESOLVED, that we, the members of the Florida House of Represen-
tatives, by means of this resolution, express our sorrow at the passing of Raeburn C. Horne
and humbly express our appreciation for the contribution he made to both his county and
state; and
BE IT FURTHER RESOLVED, that a copy of this resolution be delivered to the widow
of Raeburn C. Home, Mrs. Esther Knight Horne, and be spread upon the Journal of this
House and be made a permanent part of the record of the Florida House of Representa-
tives.

13

__ ---f-B-uq bL---lsLB. --kLC- ------LI"Ua qa1131 W8

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 13, 1962

Mr. McAlpin moved the adoption of the resolution.
The motion was agreed to, and House Resolution No.
4-XX was adopted.

REPORT OF SELECT COMMITTEES
Mr. Daniel, Chairman of the Select Committee on
Constitutional Amendments & Apportionment, reported
that the committee had organized and was ready to trans-
act business.
Mr. Chappell, Chairman of the Select Committee on
Rules & Calendar, reported that the committee had organ-
ized and was ready to transact business.
Mr. Chappell moved that the House now resolve itself
into the Committee of the Whole House and that the
Speaker be designated as Chairman.
The motion was agreed to, and it was so ordered.
Thereupon, at the hour of 11:06 A.M., the House re-
solved itself into a Committee of the Whole House, Mr.
Horne presiding.

The Committee of the Whole House having arisen-
The House reconvened at 11:09 A.M.
THE SPEAKER IN THE CHAIR
The roll was taken to determine the presence of a
quorum.
A quorum of 93 Members present.
The Speaker, having been elected permanent chairman
of the Committee of the Whole House for this Extraordin-
ary Session, reported that Mr. Liles, chairman of the sub-
committee appointed to draft a proposal on the subject of
reapportioning the Legislature, had advised the Committee
of the Whole House that the sub-committee was making
progress and would have a report ready to present at the
next meeting of the full committee.
Mr. Chappell 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 11:15 A.M., the House stood
adjourned until 11:00 A. M. tomorrow.

14

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Wednesday, November 14, 1962

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

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
"Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loefler
Long
Markham
Marshburn
Matthews

Mattox Slade
McAlpin Smith
McDonald Smoak
McLaughlin Stallings
Miner Stevens
Mitchell, C.J. Stone
Mitchell, R.O. Strickland
Nash Sweeny
O'Neill Thomas,A.J.,Jr.
Owens Thomas, J.
Peeples Turlington
Prescott Usina
Pruitt Wadsworth
Putnal Walker
Ramos Wells
Roberts, C.A. Westberry
Roberts, E.S. Whitfield
Rowell Williams, B.C.
Russ Williams, J.J.
Russell, J.T. Wingate
Saunders, J.A. Wise
Saunders, S.D. Zacchini
Scott
Sims

Excused: Mr. Russell of Madison.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain:
Dear God-Help these men this day to feel the weight
of their responsibility. Keep them mindful of the people
they represent, but let them respond only to their own
consciences before Thee. Amen.

MR. O'NEILL IN THE CHAIR.
The Chair recognized the Honorable Richard O. Mitch-
ell of Leon County to speak of the Honorable Mallory E.
Home, Speaker of the House of Representatives.
Remarks by Mr. Mitchell of Leon:
Leon County is proud to have one of its most dis-
tinguished citizens to serve as Speaker of the House of
Representatives, and it is my privilege to signify that
pride by making these few remarks at this Extraordinary
Session of the Florida Legislature.
The motivation of man is determined by the heart of
man, whereas the destination of man is determined by the
collective actions of all; wrought by a manifestation of
efforts, desires, philosophies and devotion of our leaders.
The portrait we are here to unveil is that which the
artist has captured on canvas with the use of oil; while
it is my pleasant duty and distinct privilege to convey to
you a word portrait to symbolize our chosen speaker,
which indicates our future by his past, so far as the ef-
forts, desires, philosophies and devotions can be con-
sidered.
The past shows that a man was born in Tavares, Flor-
ida, as the son of Cleveland R. Horne and Clifford Par-
nell Home; that he spent his early childhood there and
in Gainesville, completing his schooling in the public
schools of Leon County. The influence of his parents pro-
duced one of the youngest of the Eagle Scouts in the

scouting history, and a desire of the way of truth and
the delight of service to his country, state and nation.
Immediately upon graduation from Leon High School,
his sense of duty led him to enlist in the Air Force where
he served with distinction as a fighter pilot and remained
in the active reserve for many years.
On March 15, 1945, he married Anne Livingston of
Tallahassee, Florida, and they have two fine boys, Mal-
lory, Jr. and David.
After service to his country, he returned to attend
Florida State University and the University of Florida,
following a time honored profession, graduating with a
degree in law in June, 1950. Returning to Tallahassee,
he began the practice of law and a career of community
service, which continues until this hour. He has been ac-
tive over the years in all community endeavors and pro-
fessional activities, serving in many capacities. In each
case, the efforts, desires and philosophies were devoted
to making this country a better place in which our chil-
dren could be raised.
Active in the affairs of his profession, he served on the
Florida Bar Board of Governors and was President of the
Junior Bar Section in 1953-54.
In 1954 he sought to be a representative from his county
and has continued to serve Leon County as a member of
the Legislature for each Session commencing with 1955
and is now serving as our Speaker.

During the past sessions of the Legislature, he has be-
come the sponsor and supporter of legislation which
carried forth his philosophy of government, being a phil-
osophy, of government of constitution and laws, and not
of men. The value of a goal cannot be measured by the
degree to which it is attained, but by the direction it is
going. The best in this world is not where we are today,
but in what direction we are moving. Our future, as re-
flected by the goals in the past of our Speaker, must
inevitably lead to greater areas of accomplishment.
Therefore, I deem it a great honor and a sincere privi-
lege to present to you the portrait, and the man, Speaker
of the Florida House of Representatives, the Honorable
Mallory E. Home, and ask that you join with me in wish-
ing him God-Speed in giving to our State the best Legis-
lative Session in the history of Florida.
At the conclusion of the foregoing remarks by Mr.
Mitchell of Leon, the Sergeant-at-Arms unveiled the por-
trait of the Speaker to be placed permanently in the
House Chamber.
Mr. Mitchell of Leon then presented Mrs. Jean Vander-
ford Rhodes, of Tallahassee, the artist of the portrait
of the Speaker.
Mr. Rowell of Sumter, Chairman of the 1957-59 In-
terim Committee on Portraits of Speakers, accepted the
portrait on behalf of the Membership of the House.
Mr. Rowell then moved that the remarks of Mr.
Mitchell of Leon be spread upon the pages of the Journal.
The motion was agreed to, and it was so ordered.
THE SPEAKER IN THE CHAIR.
The Speaker introduced Mrs. W. A. Ballentine, wife of

15

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 14, 1962

the Sergeant-at-Arms, to the Membership of the House.
Mr. Chappell moved that the House stand in informal
recess for five minutes.
The motion was agreed to.
Thereupon, at the hour of 11:16 A. M., the House
stood in informal recess.
The House reconvened at 11:21 A. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 90 Members present.
CORRECTION OF THE JOURNAL
The Journal for Tuesday, November 13, was ordered
corrected and as corrected was approved.
COMMUNICATION
The following communication was received and read:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
Tallahassee
November 13, 1962
The Honorable Mallory E. Home
Speaker, House of Representatives.
The Capitol
Tallahassee, Florida
Dear Mr. Speaker:
I have the honor to inform you that I have today trans-
mitted to the Secretary of State House Concurrent Reso-
lution No. 3-XX, Extraordinary Session, 1962, providing
that the House of Representatives and the Senate convene
in joint session on November 12, 1962.
Respectfully,
FARRIS BRYANT
Governor
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS, AND MEMORIALS
By Messrs. O'Neill and Chappell of Marion, Holley of
Pinellas and Ducker of Orange-
H. J. R. No. 5-XX-A Joint Resolution containing a legis-
lative finding of facts 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. That the legislature of the State of Florida
hereby recognizes, as has been noted by the Supreme
Courts of Florida and other courts, that the counties of
the state are, according to the Constitution of Florida,
the recognized legal political subdivisions of the state,
that they have a recognized existence as autonomous po-
litical entities for local government purposes as well as
being legal political divisions of the state and they have
as legal political divisions of the state a nature akin to
governmental agencies. The legislature further recognizes
that the counties, as the legal political units of the state,
have community characteristics and feelings, many of
which are embedded in history and as such have become
the convenient, efficient and natural administrative units
through which the state has organized its aid to schools,
its aid to roads, its public assistance, its public health
services, its law enforcement, its judiciary, its tax admin-
istration, the registration of electors, the conduct of elec-
tions of state officers, and numerous other public services
and functions. The legislature reiterates the recognized

fact that the governments of the counties of Florida, and
of the municipalities within them, are highly dependent
upon local and special enactments procured by the legis-
lative delegations from the affected areas, that these
measures are of vast importance to the people of the re-
spective counties or municipalities to which they apply
and, therefore, the election of at least one member of the
legislature from each county is entirely rational. The leg-
islature finds no authority in the holdings of the Supreme
Court of the United States to authorize an inferior federal
court, bound by state law in substantive matters, to dic-
tate the measure, manner or means that a sovereign
state of the Union must use to organize and apportion its
legislature and, to the contrary, finds express recognition
in the decisions of certain courts that at least in certain
states, including Florida, the counties constitute an in-
tegral and historic part of the state's governmental struc-
ture, that they have real and substantial interests in the
state's laws and a role of effective participation in state
government. The legislature therefore finds as a fact that
the interests of all inhabitants of the state can best be
served by having one house of its legislature constituted
by the legal political units of the state, namely the coun-
ties, while the other is constituted by population or an
equivalent measure.
Section 2. That the amendment of Article VII of the
Constitution of the State of Florida set forth in Section 3
hereof be and the same is hereby agreed to and shall be
submitted to the electors of the State of Florida for ap-
proval or rejection at a special called election as provided
by Article XVII, Section 3 of the Florida Constitution.
That three-fourths (3%) of all members elected to each
House of the Legislature does determine that an emergency
requiring an early decision by the electors of the state
does exist with reference to this amendment of Article VII
of the Constitution.
Section 3. That Article VII of the Constitution of the
State of Florida be amended as set forth below, subject
to its submission to the electors as provided in Section
2 of this resolution:
ARTICLE VII
CENSUS AND 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. The interests of all in-
habitants of the state can best be served by having one
house of the legislature constituted by population and
one by a legal political unit of the state described by
geography but having common demographic and socio-
economic characteristics. Counties derive their status as
legal political subdivisions of the state from the pro-
visions of this constitution and are the convenient and
natural divisions of the area of the state; therefore, the
respective counties of the state are the units of gov-
ernment which shall be employed as the basis for rep-
resentation in one of said houses, which shall be the
senate. 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 rep-
resentatives shall be elected as provided by law. Any
new county created by the legislature shall be entitled
to one senator, but shall remain in its previous house
district until the next regular reapportionment.
Section 2. Representation in the senate.-Representa-
tion in the senate of the Florida legislature shall consist
of one (1) senator from each of the several counties of
the state.
Section 3. Representation in the house of representa-

16

November 14, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

tives.-Representation in the house of representatives
of the Florida legislature shall consist of one hundred
fifteen (115) representatives to be apportioned among
representative districts, such districts to be determined
as provided herein but no county shall be divided in
creating a district. Where any representative district is
composed of two or more counties, the counties of which
such district consists shall not be entirely separated by
any county belonging to another district.
A unit of population shall be determined by dividing
the total state population according to the latest federal
decennial census by one hundred fifteen (115).
Each county with a population in excess of the unit
of population shall be designated as a district. The re-
maining counties shall be combined into multiple county
districts as follows: (a) Counties shall be combined
until the population exceeds the unit of population; pro-
vided that not more than four (4) counties shall be in-
cluded in a district; (b) the remaining counties shall
be combined into two or three county districts as nearly
equal in population as is mathematically possible. Any
remaining isolated county shall be designated as a single
county district if the county is entitled to a representa-
tive after a quotient has been determined as provided
hereinafter. If the county is not entitled to a represen-
tative after a quotient has been determined it shall be
included in the adjoining district having the least popu-
lation.
The population of each district shall be divided by
the unit of population and the resulting quotient shall
constitute the unit to be used as a basis for apportioning
the representatives among the districts. Each district
shall receive one (1) representative for each whole num-
ber. Any remaining representatives shall be allocated
one (1) each to a district with priority given to that
district having the highest fraction of a whole number
and descending to the districts having the next highest
fractions of a whole number until all representatives are
allocated.
Section 4. The legislature shall apportion its represen-
tation by concurrent resolution at its 1963 regular ses-
sion, in accordance with this article which shall take
effect at such times and in such manner as to determine
the legislative offices to be filled at the 1964 general
election. Those senators elected for a term beginning
on the sixth day of November, 1962, pursuant to the
Constitution of 1885 as amended shall each be deemed
and held to be the senator representing the senatorial
district embracing the county in which he resides until
the expiration of the term for which he was elected,
provided he shall not have removed his place of resi-
dence in the meantime from said senatorial district.
At the 1964 general election, senators representing even
numbered districts shall be elected for a two-year term
and senators representing odd numbered districts shall
be elected for a four-year term, with all senators there-
after being elected as provided in this article.
The legislature shall reapportion its representation by
concurrent resolution in accordance with this article at
the 1971 regular session of the legislature and at the
regular session every ten 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 last preceding decennial

17

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.
Section 6. The provisions of this article are declared
inseparable: It is the declared intention in the proposing
and adopting of this article that if any section, paragraph,
sentence, clause, phrase or other provision of this article
whatsoever shall be held unconstitutional or otherwise
invalid by any court of competent jurisdiction, or should it
be declared inapplicable in any case, then the entire
article shall fall and that this article would not have
been adopted had such invalid provision not been included
herein.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. O'Neill and Chappell of Marion-
H. B. No. 6-XX- A bill to be entitled An Act
containing a legislative finding of fact and providing for
an apportionment of 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 Constitutional Amendments & Ap-
portionment.
By Messrs. Nash of Franklin, Williams of Gulf and
McAlpin of Hamilton-
H. B. No. 7-XX- A bill to be entitled An Act
relating to the apportionment of the Florida legislature;
providing for sixty-seven (67) senators; providing for
two hundred and twenty-three (223) members of the house
of representatives; providing the terms of office and man-
ner of election thereof; providing an effective date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Mr. Saunders of Clay-
H. B. No. 8-XX- A bill to be entitled An Act
relating to the apportionment of the legislature; provid-
ing for two hundred and twenty-three (223) members of
the house of representatives and sixty-seven (67) sen-
ators; providing for the election thereof; and providing an
effective date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Messrs. Zacchini, Liles, and de la Parte of Hills-
borough, Faircloth and Matthews of Dade, and Loeffler
and Russell of Pinellas-
H. J. R. No. 9-XX-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 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

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 14, 1962

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 regu-
lar election year. Members of the senate and house of rep-
resentatives 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 de-
termined by the legislature.
Section 2. Representation in the house of representa-
tives.-The house of representatives shall consist of one
hundred and fourteen (114) members to be apportioned
among the several counties of the state as follows: the
counties containing fifty per cent (50%) of the population
of the state shall have one third (1/3) of the total repre-
sentatives. The thirty-eight (38) smallest counties in pop-
ulation of the state shall have one third (1/3) of the total
representatives. The remaining counties of the state shall
have the remaining one third (%) of the representatives.
The population of the state shall be based on the latest
federal decennial census.
Section 3. Senate.-The representation of the senate
in the Florida legislature shall be apportioned as follows:
There shall be twenty-four (24) districts divided as
equally in population as practicable and each district
shall be represented by one (1) senator provided that
based on total state population all districts having in
excess of fifteen per cent (15%) shall have five (5) addi-
tional senators. All districts having in excess of twelve
per cent (12%) but less than fifteen per cent (15%) shall
have four (4) additional senators. All districts having in
excess of ten per cent (10%) but less than twelve per
cent (12%) shall have three (3) additional senators. All
districts having in excess of seven per cent (7%) but less
than ten per cent (10%) shall have two (2) additional
senators. All districts having in excess of six per cent
(6%) but less than seven per cent (7%) shall have one
(1) additional senator.
No county shall be divided in creating a district. All
multiple county districts shall consist of contiguous
counties.
Section 4. Legislative lapportionment.-The additional
offices created by this amendment 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
even numbered districts shall be elected for a term of four
(4) years and the 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.
Section 5. State census.-The legislature shall no
longer be required to provide for an enumeration of the
inhabitants of the state. The last preceding decennial
federal census beginning with the federal census of 1960
shall also be the state census and shall control in all pop-
ulation acts and constitutional apportionments unless
otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Zacchini, Liles and de la Parte of Hills-
borough, Hollahan, Faircloth and Matthews of Dade and
Loeffler and Russell of Pinellas.
H. B. No. 10-XX- A bill to be entitled An Act
providing for the apportionment of the membership of the
senate and the house of representatives of the Florida
legislature by amending sections 10.01 and 10.03 and
creating section 10.04, Florida Statutes.
The bill was read the first time by title and referred

to the Select Committee on Constitutional Amendments
& Apportionment.
Mr. Chappell moved that the House now resolve itself
into the Committee of the Whole House.
The motion was agreed to, and it was so ordered.
Thereupon, at the hour of 11:35 A.M., the House re-
solved itself into the Committee of the Whole House, Mr.
Home, the permanent chairman, presiding.
The Committee of the Whole House having arisen-
The House reconvened at 11:41 A.M.
THE SPEAKER IN THE CHAIR
The roll was taken to determine the presence of a
quorum.
A quorum of 91 Members present.
The Speaker, as chairman of the Committee of the
Whole House, reported that Mr. Liles had made a formal
report of the sub-committee appointed to draft a proposal
on the subject of reapportioning the Legislature, which
report contained two measures-one a proposed amend-
ment to the Constitution, and one an enabling act-which
would be introduced by a group of Members who favored
the plan.
Mr. Chappell 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 RES-
OLUTIONS, CONCURRENT RESOLUTIONS,
AND MEMORIALS
By Messrs. Karl of Volusia, Matthews, Hollahan and
Faircloth of Dade, Liles, Zacchini, and de la Parte of Hills-
borough, Land and Ducker of Orange, Allsworth and Long
of Broward, Russell and Loeffier of Pinellas, Knowles of
Manatee, and Roberts of Palm Beach.
H. J. R. No. 11-XX-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 a special called election as provided by Article XVII,
Section 3 of the state constitution:
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

18

November 14, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

the Florida legislature shall be apportioned among the
several counties of the state as follows: Each county shall
be entitled to one (1) representative. Each county shall
have one (1) additional representative for each represen-
tative ratio or major fraction thereof. Any county having
more than four (4) representative ratios shall have one
(1) representative in addition to all others herein pro-
vided. The representative ratio shall be the quotient ob-
tained by dividing the population of the state according
to the latest federal decennial 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.
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 3. 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 than the boundaries of the congres-
sional districts. The senate shall consist of three (3) mem-
bers from each 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 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.
The terms of office of all senators presently serving
in the Florida legislature shall terminate at the general
election held on November 3, 1964. Commencing with said
general election held in 1964 senators representing the
senatorial districts provided by this article shall be elected
for a term of four (4) years.
Section 4. Legislative apportionment.-If this article
is ratified at a special election called pursuant to Article
XVII, Section 3 of the state Constitution, the legislature
shall be apportioned according to an apportionment bill
passed at the extraordinary session convened in November,
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 house of representative offices herein
created shall be filled by and at a special election to be
held in the affected counties as provided by law.
The legislature shall reapportion its representation in
accordance with this article in each general legislative
session following the federal decennial census. Such reap-

19

portionment shall be based upon the preceding latest fed-
eral 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 adjourn-
ment, 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 fed-
eral census beginning with the federal decennial 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Loeffler and Russell of Pinellas, Ducker and
Land of Orange, Karl of Volusia, Allsworth and Long of
Broward, Matthews, Hollahan and Faircloth of Dade,
Knowles of Manatee, Zacchini, de la Parte and Liles of
Hillsborough.
H. B. No. 12-XX- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate and the house of representatives of the Florida
legislature by amending sections 10.01 and 10.03 and
creating section 10.04, Florida Statutes.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
INTRODUCTION OF GUEST
Mr. Mitchell of Leon moved that a committee be ap-
pointed to escort the Honorable Don Fuqua, former
Member of the House, and now the Congressman repre-
senting the new Ninth Congressional District, to the
rostrum.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Mitchell of
Leon, O'Neill, and Crews as the committee which escorted
Mr. Fuqua to the rostrum where he was presented to and
briefly addressed the Membership of the House.
Mr. Chappell 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 11:58 A.M., the House stood
adjourned until 11:00 A.M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Thursday, November 15, 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:

Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Matthews
Mattox

McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

Excused: Mr. Beck.
A quorum present.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain:
Dear God-For blessings we don't have time enough
to see or sense enough to enjoy, we give thanks.
For this one day in this country under God, we give
thanks. For the ability to know we are nothing apart
from Thee, ... we give thanks. In Christ's name Amen.

INTRODUCTION OF GUESTS
The Speaker introduced the following Members of the
Michigan House of Representatives who constitute a com-
mittee on Tourist and Industry Relations and are visiting
Florida in connection with the work of their committee,
together with their wives: The Honorable Walter G. Nak-
kula, the Honorable Joseph S. Mack, the Honorable
Reimer Van Til, the Honorable Don Vander Werp, and the
Honorable Frederic G. Marshall.
Mr. Chappell moved that a committee be appointed to
escort the Honorable Walter G. Nakkula, chairman of the
above mentioned committee, to the rostrum.

The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Cleveland,
Hollahan, and Mitchell of Leon as the committee which
escorted the Honorable Walter G. Nakkula to the rostrum
where he was presented to and briefly addressed the
Membership of the House.

CORRECTION OF THE JOURNAL

The Journal for Wednesday, November 14, was ordered
corrected as follows:
On page 17, column 2, between lines 14 and 15, counting
from the top of the page, insert the following:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker
Pagan

20

The Speaker, as chairman of the Committee of the
Whole House, reported that Mr. Liles had made a formal
report of the sub-committee appointed to draft a proposal
on the subject of reapportioning the Legislature, which
report contained two measures-one a proposed amend-
ment to the Constitution, and one an enabling act-which
would be introduced by a group of Members who favored
the plan.
The Journal for Wednesday, November 14, as corrected
was approved.
ANNOUNCEMENTS
The speaker announced the appointment of Robert L.
Bannerman as Director of the Special Florida Committee
of the Florida Commission on Interstate Cooperation,
created to lend the active support of Florida in a study
of the present Federal Constitution and the promotion of
a plan to re-interpret and define the constitutional con-
cept of dual sovereignty, and to establish methods to pre-
vent the withdrawal of rights reserved to the people and
the States other than by means constitutionally provided
for such withdrawal.
The Speaker also announced the appointment of Mr.
Fagan of Alachua as a non-Council member of the Legis-
lative Council's Committee on Nuclear Legislation.
The Speaker also announced the appointment of Mr.
Chappell of Marion as a member of the House Committee
on Interstate Cooperation.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Mr. Jordan of Sarasota-
H. J. R. No. 13-XX-A Joint Resolution proposing an
amendment to Article VII of the State Constitution re-
lating to apportionment 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 a
special election to be called pursuant to Article XVII, sec-
tion 3, of the state constitution.
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 house of representa-
tives and senate.-Representation in the house of repre-

November 15, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

sentatives and the senate of the Florida legislature shall
be apportioned among the several counties of the state as
follows:
(1) There shall be one (1) representative and one (1)
senator for each county having a population of less than
one per cent (1%) of the state's total population, each
senator to have fifty per cent (50%) of one (1) vote.
(2) There shall be two (2) representatives and one (1)
senator for each county of the state having a population
of more than one per cent (1%) but less than two per
cent (2%) of the state's total population.
(3) There shall be three (3) representatives and one
(1) senator for each county having a population of more
than two per cent (2%) but less than three per cent (3%)
of the state's total population.
(4) There shall be four (4) representatives and one
(1) senator for each county having a population of more
than three per cent (3%) but less than five per cent (5%)
of the state's total population.
(5) There shall be five (5) representatives and one
(1) senator for each county having a population of more
than five per cent (5%) but less than seven per cent (7%)
of the state's total population.
(6) There shall be six (6) representatives and two
(2) senators for each county having a population of seven
per cent (7%) but less than nine per cent (9%) of the
state's total population.
(7) There shall be seven (7) representatives and two
(2) senators for each county having a population of nine
per cent (9%) but less than eleven per cent (11%) of
the state's total population.
(8) There shall be eight (8) representatives and two
(2) senators for each county having a population of
eleven per cent (11%) but less than thirteen per cent
(13%) of the state's total population.
(9) There shall be nine (9) representatives and two
(2) senators for each county having thirteen per cent
(13%) but less than fifteen per cent (15%) of the state's
total population.
(10) There shall be ten (10) representatives and
two (2) senators for each county having fifteen per cent
(15%) but less than seventeen per cent (17%) of the
state's total population.
(11) There shall be eleven (11) representatives and
two (2) senators for each county having seventeen per
cent (17%) but less than nineteen per cent (19%) of the
state's total population.
(12) There shall be twelve (12) representatives and
two (2) senators for each county having nineteen per
cent (19%) but less than twenty-one per cent (21%) of
the state's total population.
(13) There shall be thirteeen (13) representatives and
two (2) senators for each county having twenty-one per
cent (21%) but less than twenty-five per cent (25%) of
the state's total population.
Section 3. 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 a special election called pursuant to
Article XVII, Section 3 of the state Constitution, the
legislature shall be apportioned according to apportion-
ment bills passed at the 1962 extraordinary session of the
legislature convened November 9, 1962, 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 complet-
ing 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 dis-
tricts, as provided by law. The senators elected from the
even numbered counties shall be elected for a term of four
(4) years and the new senators elected from the odd num-
bered counties shall be elected for a term of two (2)
years; thereafter all senators shall be elected for four
(4) year terms. Senators elected in the general elections
of November 1960 or 1962 shall serve as senators for the
counties in which they reside and for the number of years
elected.
The representatives elected in the November 1962 elec-
tion who are in excess of the aforementioned shall serve
their counties until the November 1964 election.
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 manditorily 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. 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 decennial cen-
sus of 1960 shall also be the state census unless otherwise
ordered by the legislature and shall control in all popu-
lation acts and constitutional apportionments.
Section 5. 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Jordan of Sarasota-
H. B. No. 14-XX- A bill to be entitled An Act
providing for the apportionment of the membership of the
senate and the house of representatives of the Florida
legislature by amending Sections 10.01 and 10.03 and
creating Section 10.04, Florida Statutes.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Thomas of Palm Beach-
H. J. R. No. 15-XX-A Joint Resolution proposing an
amendment to Section 3, Article VII of the Constitution
of The State of Florida, providing for apportionment
of The Florida legislature.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of section 3, 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 a special called election as provided by ar-
ticle XVII, section 3 of the Florida constitution:
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

21

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 15, 1962

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 represent-
atives.-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 per-
centage, shall receive one (1) additional representative
for each whole number. Any remaining seats shall be al-
located 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 3. Senate.-The representation in the senate
of the Florida legislature shall consist of thirty-eight (38)
members, each representing a district; provided, however,
that any county having a population equal to eighteen
percent (18%) of the state's total population based on
the preceding federal decennial census, beginning with
the federal decennial census of 1960, shall receive an
additional senator.
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 constititution of 1885, as amended, and of the
additional legislators as provided for herein. If this article
is ratified at a special election to be called pursuant to
article XVII, section 3, state constitution, the legislature
shall be apportioned according to apportionment bills
passed at the extraordinary session of the legislature
convened November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the con-
stitution 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 complet-
ing 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. Any office presently in
existence which would otherwise be affected by this
article shall not be affected until the 1970 census. 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
extraordinary session shall mandatorily be required to re-
apportion 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
inhabitants of the state. The latest preceding decennial
federal census beginning with the federal decennial cen-
sus of 1960 shall also be the state census and shall con-
trol in all population acts and constitutional apportion-
ments 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Thomas of Palm Beach-
H. B. No. 16-XX- A bill to be entitled An Act
providing for the apportionment of the membership of
the house of representatives of the Florida legislature by
amending section 10.03 and creating section 10.04, Flor-
ida Statutes.
The bill was read the first time by title and referred
to the Select Committee on Constitutional Amendments &
Apportionment.
By Mr. Thomas of Palm Beach-
H. B. No. 17-XX- A bill to be entitled An Act
apportioning the senate of the Florida legislature; provid-
ing for an additional senator; providing an effective date.
The bill was read the first time by title and referred
to the Select Committee on Constitutional Amendments &
Apportionment.
By Mr. McDonald of Suwannee-
H. J. R. No. 18-XX-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 sixty-seven (67) sen-
ators and one hundred two (102) house members; 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 a special election to be held for such purpose.
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 four (4) 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.

22

November 15, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Section 2. Senate.-Representation in the senate shall
consist of sixty-seven (67) members each representing a
district consisting of one (1) county.
Section 3. Representation in the house of representa-
tives of the Florida legislature shall be apportioned among
the several counties of the state based upon the percent-
age of the total population of the state resident in each
county in such fashion that each county shall have one
(1) representative for each one per cent (1%) and one
(1) representative for each major fraction thereof. Said
apportionment shall be provided by the legislature and
shall be based on the latest federal decennial census.
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. If this article is ratified at a special
election, the legislature shall be apportioned according
to legislation to be passed at the November 9, 1962 extra-
ordinary session. Any representative elected in the 1962
general election pursuant to the constitution of 1885, as
amended, shall serve in such office for which he was
elected until the expiration of his present term, and the
additional legislative offices created herein shall be filled
by election at the general election of 1964. 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.
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 decen-
nial 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 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 fed-
eral census beginning with the federal decennial census
of 1960 shall also be the state census unless otherwise
ordered by the legislature, and shall control in all popu-
lation acts and constitutional apportionments.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. McDonald of Suwannee-
H. B. No. 19-XX- A bill to be entitled An Act
providing for the apportionment of the house of repre-
sentatives and the senate of the Florida legislature.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Mr. Miner of Hendry-
H. J. R. No. 20-XX-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 a special called election as provided by Article
XVII, section 3 of the state constitution.
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
populous counties according to the latest federal decen-
nial 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 represen-
tative for each whole per cent based upon its total popu-
lation 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 extraordinary session convened November
9, 1962, 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
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 governor
shall call the legislature together in extraordinary ses-

23

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 15, 1962

sion to consider the question of reapportionment, and such
extraordinary session shall mandatorily be required to re-
apportion 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
inhabitants of the state. The last preceding decennial fed-
eral census beginning with the federal decennial 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Miner of Hendry-
H. B. No 21-XX- A bill to be entitled An Act
providing for the apportionment of the membership of the
senate and the house of representatives of the Florida
legislature by amending sections 10.01 and 10.03 and
creating section 10.04, Florida Statutes.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Messrs. Strickland of Citrus, Saunders of Clay, Wal-
ker of Collier, Wingate of Nassau, Prescott of Walton,
Whitfield of Taylor, Marshburn of Levy, McDonald of
Suwannee, Williams of Gulf, Mitchell and Sims of Jackson,
Carter of Washington, Nash of Franklin, Markham of
Okeechobee, Roberts of Union, Guilford of Calhoun, Hos-
ford of Liberty and Russ of Wakulla-
H. J. R. No. 22-XX-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 Article VII, Section 3, of the Florida Constitution
be amended as set forth below and that said resolution be
submitted to the electors of Florida for ratification or re-
jection at a special election to be held in accordance with
law.
Section 1. The house of representatives of the state
shall be composed of members chosen every 2nd year by
the people of the several counties. The total number of
members of the house of representatives shall be one
hundred and eighty two (182). Each county shall be en-
titled to one (1) representative for each thirty-five thou-
sand (35,000) population and an additional representative
for each additional thirty-five thousand (35,000) popula-
tion or any fraction thereof, provided however, that each
county shall have at least one (1) representative. Provided
further that after each succeeding federal decennial cen-
sus the number of representatives to which each county
would be entitled under the apportionment of the one
hundred and eighty two (182) members of the house of
representatives shall be determined by the method known
as the method of equal proportions, providing always,
that no county shall receive less than one (1) member.
It shall be the duty of the secretary of state as soon as
is practicable after the compilation of each federal decen-
nial census to certify the number of representatives to
which each county is entitled under the law.
Section 2. The senate of the state of Florida shall be
composed of one (1) senator for each county, chosen by
election thereof, for four (4) years and each senator shall
have one (1) vote.
-was read the first time in full and referred to the

Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Strickland of Citrus, Saunders of Clay, Wal-
ker of Collier, Wingate of Nassau, Prescott of Walton,
Whitfield of Taylor, Marshburn of Levy, McDonald of
Suwannee, Williams of Gulf, Mitchell and Sims of Jack-
son, Carter of Washington, Nash of Franklin, Markham
of Okeechobee, Roberts of Union, Guilford of Calhoun,
Hosford of Liberty and Russ of Wakulla-
H. B. No. 23-XX- A bill to be entitled An Act
relating to the apportionment of the Florida legislature;
providing for sixty-seven (67) senators; providing for
one hundred and eighty two (182) members of the house
of representatives; providing the terms of office and man-
ner of election thereof; providing an effective date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Messrs. Allsworth and Long of Broward-
H. J. R. No. 24-XX-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 submit-
ted to the electors of this state for ratification or rejection
at a special called election as provided by Article XVII,
section 3 of the state constitution:
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 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: The most pop-
ulous county shall have eight (8) representatives. The
next four (4) most populous counties shall have six (6)
representatives. The next two (2) most populous counties
shall have four (4) representatives. The next four (4)
most populous counties shall have three (3) representa-
tives. The next twelve (12) most populous counties shall
have two (2) representatives. The remaining counties of
the state shall each have one (1) representative. Each
representative shall be entitled to one (1) vote except
the representation from the seven (7) most populous coun-
ties shall be entitled to the following number of votes:
Each representative for the most populous county shall
have four (4) votes; each representative for the next most
populous county shall be entitled to three (3) votes; each
representative for the next five (5) most populous counties
shall be entitled to two (2) votes. A representative having
more than one (1) vote must cast his votes as a unit and
said representative shall be entitled to all units in every
question before the house of representatives or a commit-
tee thereof; provided, further, that until the general elec-
tion in 1970 no county shall have fewer representatives
than it would have been entitled to under the constitu-
tion of 1885, as amended in 1924.

24

JOURNAL OF THE HOI

Section 3. Senate.-The legislature shall divide the
state into thirty-eight (38) senatorial districts to be as
nearly equal in population as practicable. Each of said
districts shall be represented in the senate by one (1)
member, and in addition thereto, each district having
a population of three hundred thousand (300,000) or more,
according to the latest preceding federal decennial census,
shall have one (1) additional member for each three hun-
dred thousand (300,000) of its total population.
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 a 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 a special election called pursuant to Article
XVII, section 3 of the state constitution, the legislature
shall be apportioned according to apportionment bills
passed at the extraordinary session of the legislature con-
vened on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the con-
stitution 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 com-
pleting his term to which he was elected, and the addi-
tional 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. 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 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 busi-
ness 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 fed-
eral census beginning with the federal decennial 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.

-wvas read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.

By Messrs. Long and Allsworth of Broward-
H. B. No. 25-XX- A bill to be entitled An Act
providing for the apportionment of the membership of the
senate and the house of representatives of the Florida
legislature by amending sections 10.01, and 10.03 and
creating section 10.04, Florida Statutes.

November 15, 1962

USE OF REPRESENTATIVES 25

The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Mr. Chiles of Polk-
H. J. R. No. 26-XX-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 a special called election as provided by Article
XVII, section 3 of the state constitution:
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. 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 3. Senate.-The legislature shall divide the
state into forty-five (45) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber, and in addition thereto, each district having a popu-
lation of nine hundred thousand (900,000) or more, ac-
cording to the latest preceding federal decennial census,
shall have one (1) additional member. Twenty-three (23)
districts shall consist of the twenty-three (23) most popu-
lous 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 a 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 a special election called pursuant to Article
XVII, section 3 of the state constitution, the legislature
shall be apportioned according to apportionment bills
passed at the extraordinary session of the legislature
convened on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the con-
stitution of 1885, as amended, from serving in said office

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 15, 1962

for the term for which he was elected, nor shall this
amendment prohibit a senator now serving from com-
pleting his term to which he was elected, and the addi-
tional 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. 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 busi-
ness 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 fed-
eral census beginning with the federal census of 1960
shall also be the state census and shall control in all pop-
ulation acts and constitutional apportionments unless
otherwise ordered by the legislature.
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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Russell and Loeffler of Pinellas and Ducker
of Orange-
H. J. R. No. 27-XX-A Joint Resolution proposing an
amendment to Section 3, Article VII of the Constitution
of the State of Florida, providing for apportionment of
the Florida Legislature.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Section 3, 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 a special called election as provided by Article
XVII, Section 3 of the Florida Constitution:
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 mem-
bers 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 Representa-
tives shall be elected as provided by law.
Section 2. Senate.-The State of Florida shall be ap-
portioned into thirty-eight (38) legislative districts;

(1) Said districts shall be consecutively numbered and
shall contain the counties as follows:
DISTRICT COUNTIES
1 Santa Rosa, Okaloosa
2 Escambia
3 Walton, Holmes, Washington
4 Jackson, Calhoun

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33

Franklin, Gulf, Wakulla
Gadsden, Liberty
Polk
Leon
Citrus, Hernando, Sumter
Sarasota
Pinellas
St. Lucie, Martin, Indian River
Dade
Columbia, Gilchrist, Levy
Union, Bradford, Nassau, Baker
Lee
Hamilton, Suwannee, Lafayette, Dixie
Duval
Orange
Marion
Charlotte, Glades, Hendry, Collier
Jefferson, Madison, Taylor
Lake
Monroe
Bay
Putnam, Clay
Hardee, DeSoto, Highlands
Volusia
Seminole
Broward
St. Johns, Flagler
Alachua
Osceola, Okeechobee

34 Hillsborough
35 Palm Beach
36 Manatee
37 Brevard
38 Pasco
(2) There shall be one (1) Senator for each district.
Except any district having over six percent (6%) of the
total population of the State shall receive one (1) addi-
tional Senator.
(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.

26

November 15, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

There shall be held in each district created hereby, for
which there is no elected Senator at the time this Article
becomes effective, a special election as called by the
Governor 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 November
6, 1962 shall be deemed elected under this Article to serve
as Senator from the district in which said Senator shall
reside; provided, however, that in each 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 as called by the Governor
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 district having less than one percent (1%)
of the total population of the State of Florida shall have
one (1) Representative.
(2) Each district having one percent (1%) or more
of the total population of the State of Florida shall have
one (1) Representative for each one percent (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 Represen-
tatives and thereafter until the next Federal census. The
first such apportionment shall be made by the Secretary
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
Article, if this Article is ratified in a special election
called by the Governor for that purpose.

(a) There shall be held in each district, which will
under this Article lose members in the House of Represen-
tatives, a special election to be called by the Governor
for the purpose of electing Representatives for said dis-
trict, such election to be held as provided by law.

(b) There shall be held in each district, which will
under this Article gain additional members in the House
of Representatives, a special election called by the
Governor for the purpose of electing such additional
Representatives 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 general
election of November 6, 1962.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Appor-
tionment.

Mr. Chappell moved that the House stand in informal
recess until 12:06 P.M. today.
The motion was agreed to.

27

Thereupon, at the hour of 11:12 A.M., the House stood
in informal recess.
The House reconvened at 12:06 P.M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 92 Members present.
Mr. Chappell moved that the House now adjourn to
reconvene at 1:55 P.M. today.
The motion was agreed to.
Thereupon, at the hour of 12:20 P.M., the House stood
adjourned until 1:55 P.M. today.
AFTERNOON SESSION
The House reconvened at 1:55 P.M.
THE SPEAKER IN THE CHAIR.
The roll was taken and the following Members were re-
corded present:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker
Fagan

Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Matthews
Mattox

McAlpin Slade
McDonald Smith
McLaughlin Smoak
Miner Stallings
Mitchell, C.J. Stevens
Mitchell, R.O. Stone
Nash Strickland
O'Neill Sweeny
Owens Thomas,A.J.,Jr.
Peeples Thomas, J.
Prescott Turlington
Pruitt Usina
Putnal Wadsworth
Ramos Walker
Roberts, C.A. Wells
Roberts, E.S. Westberry
Rowell Whitfield
Russ Williams, B.C.
Russell, C.E. Williams, J.J.
Russell, J.T. Wingate
Saunders, J.A. Wise
Saunders, S.D. Zacchini
Scott
Sims

A quorum present.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received
and read:
Tallahassee, Florida,
November 15, 1962
The Honorable Mallory E. Home
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 re-
quired constitutional three-fourths vote of all members
elected to the Senate as required by Section 3 Article
XVII of the Constitution of Florida-
By Senators Johnson of the 6th and Williams of the
4th-
Senate Joint Resolution No. 16-XX(62)-
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 AND SPECIAL
ELECTIONS.
WHEREAS, the Legislature of the State of Florida has

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 15, 1962

determined that an emergency requiring an early de-
cision by the electors of the State exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special emergency election to be held for
such purpose.
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 mem-
bers 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 No-
vember 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 rep-
resentatives in excess of any limit prescribed in the fol-
lowing sections of this article until the next reapportion-
ment and if the new county has a population in excess of
two hundred thousand (200,000) when created it shall
have one senator, which shall be in addition to the num-
ber of senators hereinafter fixed.
Section 2. Representation in the house of representa-
tives.-Representation in the House of Representatives of
the Florida Legislature shall consist of Ninety-five (95)
representatives.
Section 3. Senate.-The legislature shall divide the state
into forty-five (45) senatorial districts, each of which
shall be represented in the senate by one (1) member, and
in addition thereto, each district having a population of
more than twelve per cent (12%) of the total population
of the state according to the latest preceding U. S. decen-
nial census, shall have one (1) additional member. Twen-
ty-three (23) districts shall consist of the twenty-three
(23) most populous counties according to the latest U. S.
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 as equitable representa-
tion as practical, with due regard for geographical area,
economic interest and population feasibility; provided,
however, that until their term of office expires at the
general election of November 1964, senators whose dis-
tricts have been abolished shall continue to hold office as
senator for the county of his residence even though by
so doing the total number of members may exceed forty-
six (46).
No county shall be divided in creating a district, ex-
cept the county having two (2) senators under the pre-
ceding paragraph may be divided into two (2) districts
by the legislature. 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 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 a special election called for such purpose,
the legislature shall be apportioned according to appor-
tionment bills passed at the Extraordinary Session of the

Legislature called by proclamation of the Governor to con-
vene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 com-
pleting his term to which he was elected and the addi-
tional legislative offices herein created shall be filled by
and at a special election to be held in the affected coun-
ties 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 first regular session of
the legislature after the next U. S. decennial census and
at the first regular session of the legislature after each
succeeding U. S. decennial census and such reapportion-
ment shall be based upon the latest preceding U. S. decen-
nial 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 un-
til 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 U. S.
census beginning with the U. S. census of 1960 shall also
be the state census and shall control in all population acts
and constitutional apportionments unless otherwise or-
dered 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.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And Senate Joint Resolution No. 16-XX, contained in
the above message, was read the first time in full and re-
ferred to the Select Committee on Constitutional Amend-
ments & Apportionment.
Tallahassee, Florida,
November 15, 1962
The Honorable Mallory E. Home
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 Senators Johnson of the 6th and Williams of the
4th-
S. B. No. 17-XX(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-five (45) districts: amending Section 10.01,
adding Section 10.04, Florida Statutes; providing for an

28

November 15, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES 29

election; providing for filling vacancies; providing ef- sage, was read the first time by title and referred to the
fective date. Select Committee on Constitutional Amendments & Appor-
tionment.
-and respectfully requests the concurrence of the House tionment.
therein. Mr. Chappell moved that the House now adjourn to re-
Very Respectfully, convene at 10:00 A.M. tomorrow.
Very Respectfully,
ROBT. W. DAVIS, The motion was agreed to.
Secretary of the Senate.
Thereupon, at the hour of 2:00 P. M., the House stood
And Senate Bill No. 17-XX, contained in the above mes- adjourned until 10:00 A. M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Friday, November 16, 1962

The House was called to order by the Speaker at 10:00
A. M.
The roll was taken and the following Members were re-
corded present:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

Fagan Mattox Sims
Faircloth McAlpin Slade
Fee McDonald Smith
Griffin,B.H.,Jr. McLaughlin Smoak
Griffin,J.J.,Jr. Miner Stallings
Guilford Mitchell, C.J. Stevens
Hasson Mitchell, R.O. Stone
Hollahan Nash Strickland
Holley O'Neill Sweeny
Hosford Owens Thomas,A.J.,Jr.
Inman Peeples Thomas, J.
Jones Prescott Turlington
Jordan Pruitt Usina
Karl Putnal Wadsworth
Karst Ramos Walker
Knowles Roberts, C.A. Wells
Lancaster Roberts, E.S. Westberry
Land Rowell Whitfield
Liles Russ Williams, B.C.
Loeffler Russell, C.E. Williams, J.J.
Long Russell, J.T. Wingate
Markham Saunders, J.A. Wise
Marshburn Saunders, S.D. Zacchini
Matthews Scott

A quorum present.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain:
Our Heavenly Father-We acknowledge that we are
strong only in Thy strength. Wise only in Thy wisdom.
Help these men as they stand where others have stood
before To do what has never been done before.
May they do their work unto Thee. Amen.
CORRECTION OF THE JOURNAL
The Journal for Thursday, November 15, was ordered
corrected and as corrected was approved.
ANNOUNCEMENTS
The Speaker announced the appointment of Mr. Slade
of Duval as a non-Council member of the Legislative
Council's Committee on Governmental Organization.
The Speaker also announced the appointment of Messrs.
Sweeny of Volusia and Jones of Bay as non-Council mem-
bers of the Legislative Council's Committee on Finance
& Taxation.

REPORTS OF SELECT COMMITTEES
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it pass as amended:
H. J. R. No. 5-XX-A Joint Resolution containing a
legislative finding of facts and proposing an amendment
to Article VII of the Constitution of the State of Flor-
ida relating to census and apportionment.
And House Joint Resolution No. 5-XX, contained in the
above report, together with Committee amendments

thereto, was placed on the Calendar of Bills for Second
Reading.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it not pass:
H. B. No. 7-XX- A bill to be entitled An Act
relating to the apportionment of the Florida legislature;
providing for sixty-seven (67) senators; providing for two
hundred and twenty-three (223) members of the House
of Representatives; providing the terms of office and
manner of election thereof; providing an effective date.
And House Bill No. 7-XX, contained in the above report,
was laid on the table under the rule.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it pass:
H. J. R. No. 11-XX-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. 11-XX, contained in
the above report, was placed on the Calendar of Bills for
Second Reading.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it pass:
H. B. No. 12-XX- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate and the house of representatives of the Florida
legislature by amending Sections 10.01 and 10.03 and
creating section 10.04, Florida Statutes.
And House Bill No. 12-XX, contained in the above re-
port, was placed on the Calendar of Bills for Second
Reading.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it not pass:
H. J. R. No. 15-XX-A Joint Resolution proposing an
amendment to section 3, article VII of the Constitution
of the state of Florida, providing for apportionment of
the Florida legislature.
And House Joint Resolution No. 15-XX, contained in
the above report, was laid on the table under the rule.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the follow-
ing bills and recommends that they not pass:

30

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

H. B. No. 16-XX- A bill to be entitled An Act
providing for the apportionment of the membership of the
house of representatives of the Florida Legislature by
amending Section 10.03 and creating Section 10.04, Flor-
ida Statutes.
H. B. No. 17-XX- A bill to be entitled An Act
apportioning the Senate of the Florida Legislature; pro-
viding for an additional senator; providing an effective
date.
And House Bills Nos. 16-XX and 17-XX, contained in
the above report, were laid on the table under the rule.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it not pass:
H. J. R. No. 20-XX-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. 20-XX, contained in
the above report, was laid on the table under the rule.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it not pass:
H. B. No. 21-XX- A bill to be entitled An Act
to provide for the apportionment of the membership of
the Senate and the House of Representatives of the Flor-
ida Legislature by amending Sections 10.01 and 10.03 and
creating Section 10.04, Florida Statutes.
And House Bill No. 21-XX, contained in the above re-
port, was laid on the table under the rule.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it not pass:
H. J. R. No. 22-XX-A Joint Resolution proposing an
amendment to Article VII, of the State Constitution
relating to apportionment and census.
And House Joint Resolution No. 22-XX, contained in
the above report, was laid on the table under the rule.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it not pass:
H. B. No. 23-XX- A bill to be entitled An Act
relating to the apportionment of the Florida Legislature;
providing for sixty-seven (67) senators; providing for one
hundred and eighty two (182) members of the House of
Representatives; providing the terms of office and manner
of election thereof; providing an effective date.
And House Bill No. 23-XX, contained in the above re-
port, was laid on the table under the rule.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it pass as amended:

S. J. R. No. 16-XX-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.
And Senate Joint Resolution No. 16-XX(62), contained
in the above report, together with Committee amendments
thereto, was placed on the Calendar of Bills on Second
Reading.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it pass:
S. B. No. 17-XX- 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-
five (45) districts: amending section 10.01, adding section
10.04, Florida Statutes; providing for an election; pro-
viding for filling vacancies; providing effective date.
And Senate Bill No. 17-XX(62), contained in the above
report, was placed on the Calendar of Bills for Second
Reading.
November 15, 1962
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
bill and recommends that it not pass:
H. J. R. No. 26-XX-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. 26-XX, contained in
the above report, was laid on the table under the rule.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Messrs. Matthews and Hollahan of Dade-
H. J. R. No. 28-XX-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 fifty-two Senators and
One hundred forty-four House Members; 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 a special general election to be held for this purpose.
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.

31

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

Section 2. Senate.-The representation in the senate
of the Florida legislature shall consist of forty-five (45)
districts, each represented by a senator, except that any
county having a population of three hundred thousand
(300,000) shall have one additional senator for each three
hundred thousand (300,000).
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 legislature shall
be apportioned according to legislation passed at the No-
vember 9, 1962, extraordinary session called for that pur-
pose. Nothing in this amendment shall prohibit any repre-
sentative 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. 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
longer be required to provide for an enumeration of the
inhabitants of the state. The last preceding decennial
federal census beginning with the federal census of 1960
shall also be the state census and shall control in all pop-
ulation acts and constitutional apportionments, unless
otherwise ordered by the legislature.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Matthews and Hollahan of Dade-
H. B. No. 29-XX- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate and the house of representatives of the Florida
legislature by amending sections 10.01, and 10.03 and
creating section 10.04, Florida Statutes.

The bill was read the first time by title and referred
to the Select Committee on Constitutional Amendments &
Apportionment.
By The Select Committee on Rules & Calendar-
H. R. No. 30-XX-A House Resolution providing for the
rules of procedure of the House of Representatives of
the 1962 Extraordinary Session of the Florida Legis-
lature, convened on November 9, 1962.
Be It Resolved by the House of Representatives of the State
of Florida:
That the rules as they prevailed during the last day of
the regular session of 1961 be the rules of the House
except on the question of debate and the rule relative to
debate shall be as it would be during the commencing
days of any regular session.
-was read the first time by title.
Mr. Chappell moved that House Resolution No. 30-XX
be read a second time in full.
The motion was agreed to and House Resolution No.
30-XX was read a second time in full.
Mr. Chappell moved the adoption of the resolution.
The motion was agreed to and House Resolution No.
30-XX was adopted.
REPORT OF THE SELECT COMMITTEE ON
RULES & CALENDAR
The following report of the Select Committee on Rules
& Calendar was received and read:
November 16, 1962
The Honorable Mallory E. Home
Speaker of the House of Representatives.
Sir:
Your Select 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 November 16, 1962, is sub-
mitted.
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. J. R. 11-XX
H. B. 12-XX
S. J. R. 16-XX
S. B. 17-XX
H. J. R. 5-XX
The vote of the Committee was as follows:
Ayes: Arrington, Beck, Bennett, Chiles, Cleveland,
Crews, Faircloth, O'Neill, Peeples, Putnal, Wise, Rowell
and Chappell
Nays: None
Absent: Anderson, Ayers, Chaires, Griffin, Lancaster,
Marshburn, Turlington, Westberry.
The committee was unanimous in all votes, excepting
the vote on Senate Joint Resolution 16-XX, which vote
was as follows:
Ayes: Beck, Cleveland, O'Neill, Putnal, Wise, Rowell
and Chappell
Nays: Arrington, Bennett, Chiles, Crews, Faircloth and
Peeples.

32

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Your committee further begs leave to report that it
adopted, upon proper motion of Mr. Rowell, a Resolution
intended to clarify the rules under which the House is
presently operating. The vote upon the resolution was as
follows:
Ayes: Arrington, Beck, Bennett, Chiles, Cleveland,
Crews, Faircloth, O'Neill, Peeples, Putnal, Wise, Rowell
and Chappell
Nays: None
Absent: Anderson, Ayers, Chaires, Griffin, Lancaster,
Marshburn, Turlington, Westberry.
The sense of the Resolution was that the rules as they
prevailed during the last day of the Regular Session of
1961 will be the rules of the House except on the ques-
tion of debate and the rule relative to debate shall be as
it would be during the commencing days of any regular
session.
Respectfully submitted,
WILLIAM V. CHAPPELL, JR.,
Chairman
Select Committee on
Rules & Calendar
SPECIAL AND CONTINUING ORDER
H. J. R. No. 11-XX-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 a special called election as provided by Article XVII,
Section 3 of the state constitution:
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 (1) representative. Each county shall
have one (1) additional representative for each represen-
tative ratio or major fraction thereof. Any county having
more than four (4) representative ratios shall have one
(1) representative in addition to all others herein pro-
vided. The representative ratio shall be the quotient ob-
tained by dividing the population of the state according
to the latest federal decennial 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.
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 3. 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 than the boundaries of the con-
gressional districts. The senate shall consist of three (3)
members from each such senatorial district. The sena-
torial 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.
The terms of office of all senators presently serving
in the Florida legislature shall terminate at the general
election held on November 3, 1964. Commencing with said
general election held in 1964 senators representing the
senatorial districts provided by this article shall be
elected for a term of four (4) years.
Section 4. Legislative apportionment.-If this article
is ratified at a special election called pursuant to Article
XVII, Section 3 of the state Constitution, the legislature
shall be apportioned according to an apportionment bill
passed at the extraordinary session convened in November,
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 house of representative offices herein
created shall be filled by and at a special election to be
held in the affected counties as provided by law.
The legislature shall reapportion its representation in
accordance with this article in each general legislative
session following the federal decennial census. Such reap-
portionment shall be based upon the preceding latest fed-
eral 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 adjourn-
ment, 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 fed-
eral census beginning with the federal decennial 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.
-was taken up.
Mr. Liles moved that House Joint Resolution No. 11-XX
be read a second time in full.
The motion was agreed to and House Joint Resolution
No. 11-XX was read a second time in full.
Mr. Karl of Volusia offered the following amendment to
House Joint Resolution No. 11-XX:
In Section 3, line 11, following the words "as is prac-
ticable." insert the following paragraph:
"The legislature may create within the boundaries of
any senatorial district herein provided subdistricts not to
exceed three (3)."
Mr. Karl moved the adoption of the amendment.

33

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

Pending consideration thereof-
Mr. Allsworth of Broward offered the following substi-
tute amendment to House Joint Resolution No. 11-XX:
In Section 3, page 2, line 11, following the words "as is
practicable." insert the following paragraph: "The legis-
lature may create within the boundaries of any senatorial
district herein provided subdistricts not to exceed three
(3). Any senator elected to represent any such subdistrict
shall be a resident of and elected by the electors of said
subdistrict."
Mr. Allsworth moved the adoption of the substitute
amendment.
The motion was agreed to and the substitute amendment
was adopted.
Mr. Liles moved that the rules be waived and House
Joint Resolution No. 11-XX, 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. 11-XX, 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. 11-XX-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 shali be submitted
to the electors of this state for ratification or rejection
at a special called election as provided by Article XVII,
Section 3 of the state constitution:
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 (1) representative. Each county shall
have one (1) additional representative for each represen-
tative ratio or major fraction thereof. Any county having
more than four (4) representative ratios shall have one
(1) representative in addition to all others herein pro-
vided. The representative ratio shall be the quotient ob-
tained by dividing the population of the state according
to the latest federal decennial 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.
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 3. 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 than the boundaries of the con-
gressional districts. The senate shall consist of three (3)
members from each such senatorial district. The sena-
torial 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.
The legislature may create within the boundaries of
any senatorial district herein provided subdistricts not
to exceed three (3). Any senator elected to represent any
such subdistrict shall be a resident of and elected by the
electors of said subdistrict.
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.
The terms of office of all senators presently serving
in the Florida legislature shall terminate at the general
election held on November 3, 1964. Commencing with said
general election held in 1964 senators representing the
senatorial districts provided by this article shall be
elected for a term of four (4) years.
Section 4. Legislative apportionment.-If this article
is ratified at a special election called pursuant to Article
XVII, Section 3 of the state Constitution, the legislature
shall be apportioned according to an apportionment bill
passed at the extraordinary session convened in November,
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 house of representative offices herein
created shall be filled by and at a special election to be
held in the affected counties as provided by law.
The legislature shall reapportion its representation in
accordance with this article in each general legislative
session following the federal decennial census. Such reap-
portionment shall be based upon the preceding latest fed-
eral 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 adjourn-
ment, 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 fed-
eral census beginning with the federal decennial 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.
-the result was:
Yeas:

Allsworth
Chiles
de la Parte
Ducker
Faircloth

Fee
Hollahan
Karl
Knowles
Land

Liles
Loeffler
Long
Matthews
Pruitt

Ramos
Roberts, E.S.
Russell, J.T.
Thomas, J.
Zacchini

34

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays:
Mr. Speaker
Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Crews
Daniel
Yeas-20.
Nays-74.

Davis
Fagan
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Holley
Hosford
Inman
Jones
Jordan
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
McLaughlin

Miner Smoak
Mitchell, C.J. Stallings
Mitchell, R.O. Stevens
Nash Stone
O'Neill Strickland
Owens Sweeny
Peeples Thomas,A.J.,Jr.
Prescott Turlington
Putnal Usina
Roberts, C.A. Walker
Rowell Wells
Russ Westberry
Russell, C.E. Whitfield
Saunders, J.A. Williams, B.C.
Saunders, S.D. Williams, J.J.
Scott Wingate
Sims Wise
Slade
Smith

So House Joint Resolution No. 11-XX, as amended,
failed to pass by the required Constitutional three-fourths
vote of all Members elected to the House of Representa-
tives, as required by Article XVII, Section 3 of the Con-
stitution of Florida.
Mr. Liles moved that the consideration of House Bill
No. 12-XX be indefinitely postponed.
The motion was agreed to and it was so ordered.
Mr. Daniel moved that the consideration of Senate Joint
Resolution No. 16-XX be temporarily deferred.
A roll call was ordered.
When the vote was taken on the motion the result was:

Yeas:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Nays:
de la Parte
Ducker
Hollahan
Lancaster
Land
Liles

Craig
Crews
Daniel
Davis
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst

Loeffler
Marshburn
Matthews
McLaughlin
Nash
Russell, J.T.

Knowles
Long
Markham
Mattox
McAlpin
McDonald
Miner
Mitchell, C.J.
Mitchell, R.O.
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell

Stone
Strickland
Thomas, J.
Wadsworth
Walker
Wells

Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Slade
Smith
Smoak
Stallings
Stevens
Sweeny
Thomas,A.J.,Jr.
Turlington
Usina
Westberry
Whitfield
Williams, J.J.

Wingate
Wise
Zacchini

Yeas-72.
Nays-21.
The motion was agreed to by a two-thirds vote and the
consideration of Senate Joint Resolution No. 16-XX was
temporarily deferred.
Without objection, consideration of Senate Bill No.
17-XX was temporarily deferred.

H. J. R. No. 5-XX-A Joint Resolution containing a legis-
lative finding of facts and proposing an amendment to

35

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. That the legislature of the State of Florida
hereby recognizes, as has been noted by the Supreme
Courts of Florida and other courts, that the counties of
the state are, according to the Constitution of Florida,
the recognized legal political subdivisions of the state,
that they have a recognized existence as autonomous po-
litical entities for local government purposes as well as
being legal political divisions of the state and they have
as legal political divisions of the state a nature akin to
governmental agencies. The legislature further recognizes
that the counties, as the legal political units of the state,
have community characteristics and feelings, many of
which are embedded in history and as such have become
the convenient, efficient and natural administrative units
through which the state has organized its aid to schools,
its aid to roads, its public assistance, its public health
services, its law enforcement, its judiciary, its tax admin-
istration, the registration of electors, the conduct of elec-
tions of state officers, and numerous other public services
and functions. The legislature reiterates the recognized
fact that the governments of the counties of Florida, and
of the municipalities within them, are highly dependent
upon local and special enactments procured by the legis-
lative delegations from the affected areas, that these
measures are of vast importance to the people of the re-
spective counties or municipalities to which they apply
and, therefore, the election of at least one member of the
legislature from each county is entirely rational. The leg-
islature finds no authority in the holdings of the Supreme
Court of the United States to authorize an inferior federal
court, bound by state law in substantive matters, to dic-
tate the measure, manner or means that a sovereign
state of the Union must use to organize and apportion its
legislature and, to the contrary, finds express recognition
in the decisions of certain courts that at least in certain
states, including Florida, the counties constitute an in-
tegral and historic part of the state's governmental struc-
ture, that they have real and substantial interests in the
state's laws and a role of effective participation in state
government. The legislature therefore finds as a fact that
the interests of all inhabitants of the state can best be
served by having one house of its legislature constituted
by the legal political units of the state, namely the coun-
ties, while the other is constituted by population or an
equivalent measure.
Section 2. That the amendment of Article VII of the
Constitution of the State of Florida set forth in Section 3
hereof be and the same is hereby agreed to and shall be
submitted to the electors of the State of Florida for ap-
proval or rejection at a special called election as provided
by Article XVII, Section 3 of the Florida Constitution.
That three-fourths (3/) of all members elected to each
House of the Legislature does determine that an emergency
requiring an early decision by the electors of the state
does exist with reference to this amendment of Article VII
of the Constitution.

Section 3. That Article VII of the Constitution of the
State of Florida be amended as set forth below, subject
to its submission to the electors as provided in Section
2 of this resolution:
ARTICLE VII
CENSUS AND 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. The interests of all in-
habitants of the state can best be served by having one
house of the legislature constituted by population and
one by a legal political unit of the state described by

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

geography but having common demographic and socio-
economic characteristics. Counties derive their status as
legal political subdivisions of the state from the pro-
visions of this constitution and are the convenient and
natural divisions of the area of the state; therefore, the
respective counties of the state are the units of gov-
ernment which shall be employed as the basis for rep-
resentation in one of said houses, which shall be the
senate. 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 rep-
resentatives shall be elected as provided by law. Any
new county created by the legislature shall be entitled
to one senator, but shall remain in its previous house
district until the next regular reapportionment.
Section 2. Representation in the senate.-Representa-
tion in the senate of the Florida legislature shall consist
of one (1) senator from each of the several counties of
the state.
Section 3. Representation in the house of representa-
tives.-Representation in the house of representatives
of the Florida legislature shall consist of one hundred
fifteen (115) representatives to be apportioned among
representative districts, such districts to be determined
as provided herein but no county shall be divided in
creating a district. Where any representative district is
composed of two or more counties, the counties of which
such district consists shall not be entirely separated by
any county belonging to another district.
A unit of population shall be determined by dividing
the total state population according to the latest federal
decennial census by one hundred fifteen (115).
Each county with a population in excess of the unit
of population shall be designated as a district. The re-
maining counties shall be combined into multiple county
districts as follows: (a) Counties shall be combined
until the population exceeds the unit of population; pro-
vided that not more than four (4) counties shall be in-
cluded in a district; (b) the remaining counties shall
be combined into two or three county districts as nearly
equal in population as is mathematically possible. Any
remaining isolated county shall be designated as a single
county district if the county is entitled to a representa-
tive after a quotient has been determined as provided
hereinafter. If the county is not entitled to a represen-
tative after a quotient has been determined it shall be
included in the adjoining district having the least popu-
lation.
The population of each district shall be divided by
the unit of population and the resulting quotient shall
constitute the unit to be used as a basis for apportioning
the representatives among the districts. Each district
shall receive one (1) representative for each whole num-
ber. Any remaining representatives shall be allocated
one (1) each to a district with priority given to that
district having the highest fraction of a whole number
and descending to the districts having the next highest
fractions of a whole number until all representatives are
allocated.
Section 4. The legislature shall apportion its represen-
tation by concurrent resolution at its 1963 regular ses-
sion, in accordance with this article which shall take
effect at such times and in such manner as to determine
the legislative offices to be filled at the 1964 general
election. Those senators elected for a term beginning
on the sixth day of November, 1962, pursuant to the
Constitution of 1885 as amended shall each be deemed
and held to be the senator representing the senatorial
district embracing the county in which he resides until

the expiration of the term for which he was elected,
provided he shall not have removed his place of resi-
dence in the meantime from said senatorial district.
At the 1964 general election, senators representing even
numbered districts shall be elected for a two-year term
and senators representing odd numbered districts shaJl
be elected for a four-year term, with all senators there-
after being elected as provided in this article.
The legislature shall reapportion its representation by
concurrent resolution in accordance with this article at
the 1971 regular session of the legislature and at the
regular session every ten 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 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.
Section 6. The provisions of this article are declared
inseparable: It is the declared intention in the proposing
and adopting of this article that if any section, paragraph,
sentence, clause, phrase or other provision of this article
whatsoever shall be held unconstitutional or otherwise
invalid by any court of competent jurisdiction, or should
it be declared inapplicable in any case, then the entire
article shall fall and that this article would not have
been adopted had such invalid provision not been included
herein.
-was taken up.
Mr. O'Neill moved that House Joint Resolution No.
5-XX be read a second time in full.
The motion was agreed to and House Joint Resolution
No. 5-XX was read a second time in full.
The Select Committee on Constitutional Amendments &
Apportionment offered the following amendment to House
Joint Resolution No. 5-XX:
In Section 1 of Section 3, Page 3, Paragraph 1 strike
out that part of lines 14 and 15 which reads as follows:
"of four (4) years and members of the house shall be
elected for a term of two (2) years." and insert the fol-
lowing in lieu thereof: "six (6) years and members of the
house shall be elected for a term of four (4) years. Senate
districts shall be divided into three (3) groups with ap-
proximately one-third (1/3) filled by election every two (2)
years; representative districts shall be divided into two
(2) groups, with approximately one-half (1/2) being filled
by election every two (2) years."
Mr. O'Neill moved the adoption of the amendment.
A roll call was ordered.
When the vote was taken on the adoption of the
amendment the result was:
Yeas:

Mr. Speaker
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck

Bedenbaugh
Bennett
Broxson
Carter
Chaires
Chappell
Daniel
Fee

Guilford
Holley
Hosford
Inman
Jones
Jordan
Karl
Knowles

Lancaster
Liles
Long
Markham
Marshburn
McAlpin
McDonald
Mitchell, C.J.

36

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

R.O. Ramos
Roberts, C.A.
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Ducker
Fagan
Faircloth
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hasson
te Hollahan

Slade
Smith
Smoak
Stevens
Stone
Strickland
Sweeny
Walker

Karst
Land
Loeffler
Matthews
Mattox
Miner
Roberts, E.S.

Wells
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Zacchini

Russell, J.T.
Stallings
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Westberry

Yeas-62.
Nays-28.
The motion was agreed to, and the amendment was
adopted.
The Select Committee on Constitutional Amendments &
Apportionment offered the following amendment to House
Joint Resolution No. 5-XX:
In Section 2 of Section 3, Page 3, Paragraph 1, fol-
lowing the words "of the state" on line 4 strike out the
period and insert the following in lieu thereof: ", each
county to be designated a senatorial district."
Mr. O'Neill moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
The Select Committee on Constitutional Amendments &
Apportionment offered the following amendment to House
Joint Resolution No. 5-XX:
In Section 4 of Section 3, Page 5, Paragraph 1, line 13
following the word "district." strike out the entire sen-
tence reading: "At the 1964 general election, senators
representing even numbered districts shall be elected for
a two-year term and senators representing odd numbered
districts shall be elected for a four-year term, with all
senators thereafter being elected as provided in this
article." and insert the following in lieu thereof: "The
1963 legislature shall provide that at the 1964 general
election approximately one-third (1/3) of the number of
senators shall be elected for a term of two (2) years, one-
third (1/3) for a term of four years, and one-third
(1/) for a term of six (6) years, with all senators there-
after being elected as provided in this article. It shall
further provide at said election for one-half (1/2) of the
number of representatives to be elected for a term of two
(2) years and one-half (%) thereof to be elected for a
term of four (4) years, with all representatives thereafter
to be elected for a term of four (4) years."
Mr. O'Neill moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.

Messrs. Prescott of Walton and Wingate of Nassau
offered the following amendment to House Joint Resolu-
tion No. 5-XX:

Strike out Section 3 and insert in lieu thereof a new
Section 3 as follows:
"The house of representatives of the state shall be com-
posed of members chosen every 2nd year by the people of
the several counties. The total number of members of the
house of representatives shall be one hundred and eighty
two (182). Each county shall be entitled to one (1) repre-
sentative for each thirty-five thousand (35,000) population
and an additional representative for each additional

37

Mitchell,
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Nays:
Boyd
Chiles
Cleveland
Craig
Crews
Davis
de la Par

Adams
Allsworth
Arrington
Baker
Bass
Beck
Broxson
Carter
Chiles
Daniel
de la Parte
Nays:
Mr. Speaker
Anderson
Ayers
Bedenbaugh
Bennett
Boyd
Chaires
Chappell
Cleveland
Craig
Crews
Davis
Ducker

Faircloth
Fee
Griffin,B.H.,Jr.
Guilford
Hosford
Inman
Karl
Knowles
Lancaster
Liles
Long

Fagan
Griffin,J.J.,Jr.
Hasson
Hollahan
Holley
Jones
Jordan
Karst
Land
Loeffler
Markham
Marshburn
McAlpin

Matthews
Mattox
McLaughlin
Mitchell, C.J.
Mitchell, R.O.
Nash
Owens
Prescott
Roberts, E.S.
Russ
Russell, J.T.

Sims
Smoak
Strickland
Thomas, J.
Walker
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

McDonald Stallings
O'Neill Stevens
Pruitt Stone
Putnal Sweeny
Ramos Thomas,A.J.,Jr.
Roberts, C.A. Turlington
Rowell Usina
Russell, C.E. Wadsworth
Saunders, J.A. Wells
Saunders, S.D. Westberry
Scott
Slade
Smith

Yeas-43.
Nays-49.
The motion was not agreed to, and the amendment was
not adopted.
Mr. O'Neill moved that the rules be waived and House
Joint Resolution No. 5-XX, as amended, be read the third
time in full and placed upon its passage.
A roll call was ordered.

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

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles

Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Holley
Inman
Jones

Jordan Owens
Karl Peeples
Karst Prescott
Knowles Pruitt
Lancaster Putnal
Land Ramos
Loeffler Roberts, C.A.
Long Rowell
Markham Russ
Marshburn Russell, C.E.
Mattox Saunders, J.A.
McAlpin Saunders, S.D.
McDonald Scott
Mitchell, C.J. Slade
Mitchell, R.O. Smith
Nash Smoak
O'Neill Stallings

thirty-five thousand (35,000). population or any fraction
thereof, provided however, that each county shall have
at least one (1) representative. Provided further that
after each succeeding federal decennial census the num-
ber of representatives to which each county would be en-
titled under the apportionment of the one hundred and
eighty two (182) members of the house of representatives
shall be determined by the method known as the method
of equal proportions, providing always, that no county
shall receive less than one (1) member. It shall be the
duty of the secretary of state as soon as is practicable
after the compilation of each federal decennial census
to certify the number of representatives to which each
county is entitled under the law."
Mr. Prescott 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:

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

Stevens
Stone
Strickland
Sweeny
Nays:
Hollahan
Hosford
Liles

Thomas,A.J.,Jr. Wells
Usina Whitfleld
Wadsworth Williams, B.C.
Walker Williams, J.J.

Matthews
Miner
Roberts, E.S.

Russell, J.T.
Sims
Thomas, J.

Wingate

Turlington
Zacchini

Yeas-81.
Nays-11.
The motion was agreed to by a two-thirds vote, and
House Joint Resolution No. 5-XX, as amended, was read
the 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. 5-XX-A Joint Resolution containing a legis-
lative finding of facts 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. That the legislature of the State of Florida
hereby recognizes, as has been noted by the Supreme
Courts of Florida and other courts, that the counties of
the state are, according to the Constitution of Florida,
the recognized legal political subdivisions of the state,
that they have a recognized existence as autonomous po-
litical entities for local government purposes as well as
being legal political divisions of the state and they have
as legal political divisions of the state a nature akin to
governmental agencies. The legislature further recognizes
that the counties, as the legal political units of the state,
have community characteristics and feelings, many of
which are embedded in history and as such have become
the convenient, efficient and natural administrative units
through which the state has organized its aid to schools,
its aid to roads, its public assistance, its public health
services, its law enforcement, its judiciary, its tax admin-
istration, the registration of electors, the conduct of elec-
tions of state officers, and numerous other public services
and functions. The legislature reiterates the recognized
fact that the governments of the counties of Florida, and
of the municipalities within them, are highly dependent
upon local and special enactments procured by the legis-
lative delegations from the affected areas, that these
measures are of vast importance to the people of the re-
spective counties or municipalities to which they annlv
and, therefore, the election of at least one member of the
legislature from each county is entirely rational. The leg-
islature finds no authority in the holdings of the Supreme
Court of the United States to authorize an inferior federal
court, bound by state law in substantive matters, to dic-
tate the measure, manner or means that a sovereign
state of the Union must use to organize and apportion its
legislature and, to the contrary, finds express recognition
in the decisions of certain courts that at least in certain
states, including Florida, the counties constitute an in-
tegral and historic part of the state's governmental struc-
ture, that they have real and substantial interests in the
state's laws and a role of effective participation in state
government. The legislature therefore finds as a fact that
the interests of all inhabitants of the state can best be
served by having one house of its legislature constituted
by the legal political units of the state, namely the coun-
ties, while the other is constituted by population or an
equivalent measure.
Section 2. That the amendment of Article VII of the
Constitution of the State of Florida set forth in Section 3
hereof be and the same is hereby agreed to and shall be
submitted to the electors of the State of Florida for ap-
proval or rejection at a special called election as provided
by Article XVII, Section 3 of the Florida Constitution.

That three-fourths (3/) of all members elected to each
House of the Legislature does determine that an emergency
requiring an early decision by the electors of the state
does exist with reference to this amendment of Article VII
of the Constitution.
Section 3. That Article VII of the Constitution of the
State of Florida be amended as set forth below, subject
to its submission to the electors as provided in Section
2 of this resolution:
ARTICLE VII
CENSUS AND 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. The interests of all in-
habitants of the state can best be served by having one
house of the legislature constituted by population and
one by a legal political unit of the state described by
geography but having common demographic and socio-
economic characteristics. Counties derive their status as
legal political subdivisions of the state from the pro-
visions of this constitution and are the convenient and
natural divisions of the area of the state; therefore, the
respective counties of the state are the units of gov-
ernment which shall be employed as the basis for rep-
resentation in one of said houses, which shall be the
senate. Members of the senate shall be elected for a
term of six (6) years and members of the house shall
be elected for a term of four (4) years. Senate districts
shall be divided into three (3) groups with approximately
one-third (1/3) filled by election every two (2) years;
representative districts shall be divided into two (2)
g groups, with approximately one-half () being filled by
election every 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
created by the legislature shall be entitled to one senator,
but shall remain in its previous house district until the
next regular reapportionment.
Section 2. Representation in the senate.-Representa-
tion in th ae senate of the Florida legislature shall consist
of one (1) senator from each of the several counties of
the state, each county to be designated a senatorial dis-
trict.
Section 3. Representation in the house of representa-
tives.-Representation in the house of representatives
of the Florida legislature shall consist of one hundred
fifteen (115) representatives to be apportioned among
representative districts, such districts to be determined
as provided herein but no county shall be divided in
creating a district. Where any representative district is
composed of two or more counties, the counties of which
such district consists shall not be entirely separated by
any county belonging to another district.
A unit of population shall be determined by dividing
the total state population according to the latest federal
decennial census by one hundred fifteen (115).
Each county with a population in excess of the unit
of population shall be designated as a district. The re-
maining counties shall be combined into multiple county
districts as follows: (a) Counties shall be combined
until the population exceeds the unit of population; pro-
vided that not more than four (4) counties shall be in-
cluded in a district; (b) the remaining counties shall
be combined into two or three county districts as nearly
equal in population as is mathematically possible. Any
remaining isolated county shall be designated as a single
county district if the county is entitled to a representa-
tive after a quotient has been determined as provided
hereinafter. If the county is not entitled to a represen-

38

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

tative after a quotient has been determined it shall be
included in the adjoining district having the least popu-
lation.
The population of each district shall be divided by
the unit of population and the resulting quotient shall
constitute the unit to be used as a basis for apportioning
the representatives among the districts. Each district
shall receive one (1) representative for each whole num-
ber. Any remaining representatives shall be allocated
one (1) each to a district with priority given to that
district having the highest fraction of a whole number
and descending to the districts having the next highest
fractions of a whole number until all representatives are
allocated.
Section 4. The legislature shall apportion its represen-
tation by concurrent resolution at its 1963 regular ses-
sion, in accordance with this article which shall take
effect at such times and in such manner as to determine
the legislative offices to be filled at the 1964 general
election. Those senators elected for a term beginning
on the sixth day of November, 1962, pursuant to the
Constitution of 1885 as amended shall each be deemed
and held to be the senator representing the senatorial
district embracing the county in which he resides until
the expiration of the term for which he was elected,
provided he shall not have removed his place of resi-
dence in the meantime from said senatorial district.
The 1963 legislature shall provide that at the 1964 gen-
eral election approximately one-third (1/3) of the num-
ber of senators shall be elected for a term of two (2)
years, one-third (1/3) for a term of four years, and one-
third (1/3) for a term of six (6) years, with all senators
thereafter being elected as provided in this article. It
shall further provide at said election for one-half (12)
of the number of representatives to be elected for a term
of two (2) years and one-half (1) thereof to be elected
for a term of four (4) years, with all representatives
thereafter to be elected for a term of four (4) years.
The legislature shall reapportion its representation by
concurrent resolution in accordance with this article at
the 1971 regular session of the legislature and at the
regular session every ten 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 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.
Section 6. The provisions of this article are declared
inseparable: It is the declared intention in the proposing
and adopting of this article that if any section, paragraph,
sentence, clause, phrase or other provision of this article
whatsoever shall be held unconstitutional or otherwise
invalid by any court of competent jurisdiction, or should
it be declared inapplicable in any case, then the entire
article shall fall and that this article would not have
been adopted had such invalid provision not been included
herein.
-the result was:
Yeas:

Anderson
Ayers
Bass

Bedenbaugh
Broxson
Carter

Chaires
Chappell
Crews

Ducker
Guilford
Holley

Hosford
Lancaster
Loeffler
Markham
Marshburn
McAlpin
McDonald
Nash
Nays:
Mr. Speaker
Adams
Allsworth
Arrington
Baker
Beck
Bennett
Boyd
Chiles
Cleveland
Craig
Daniel
Davis

Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.

de la Parte
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hasson
Hollahan
Inman
Jones
Jordan
Karl
Karst

39

Saunders, J.A. Walker
Saunders, S.D. Whitfield
Smith Williams, B.C.
Stallings Williams, J.J.
Stevens Wingate
Strickland
Thomas,A.J.,Jr.
Wadsworth

Knowles
Land
Liles
Long
Matthews
Mattox
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Owens
Peeples
Roberts, E.S.

Russell, J.T.
Scott
Sims
Slade
Smoak
Stone
Sweeny
Thomas, J.
Turlington
Usina
Wells
Wise
Zacchini

Yeas-41.
Nays-52.
So House Joint Resolution No. 5-XX, as amended, failed
to pass by the required Constitutional three-fourths vote
of all Members elected to the House of Representatives,
as required by Article XVII, Section 3, of the Constitu-
tion of Florida.

PAIR VOTE
I am paired with Mr. Westberry of Duval on the final
passage of House Joint Resolution No. 5-XX, as amended.
If he were here, he would vote "Nay," and I would vote
"Yea."
WILLIAM G. O'NEILL
Representative from Marion County
EXPLANATION OF VOTE
ON HOUSE JOINT RESOLUTION NO. 5-XX
I voted for this resolution as a last resort in behalf of
the small counties (67 Senators), but I am against the
House being on floterial districts.
BEN C. WILLIAMS
Representative from Gulf County

EXPLANATION OF VOTE
ON HOUSE JOINT RESOLUTION NO. 5-XX
One of the reasons I voted against House Joint Resolu-
tion 5-XX was because, as amended by Amendment No. 1,
it increased the term of office of members of the House
from two years to four years and of the Senate from four
years to six years.
My basic political philosophy encompasses the principle
that the people should not be denied the privilege of se-
lecting the members of one of its legislative bodies every
two years.
HENRY W. LAND
Representative from Orange County

INTRODUCTION OF GUESTS
Mr. Broxson introduced Mr. Louis J. Riley of Milton.
The Speaker introduced members of the Agricultural
Workshop which is meeting in Tallahassee, accompanied
by the father of Representative Guilford of Calhoun
County.
The Speaker presented the Honorable J. B. Hopkins,
former Member of the House from Escambia County.
S. J. R. No. 16-XX(62)-A Joint Resolution proposing an
amendment to Article VII of the Constitution of the

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

State of Florida, providing for apportionment of the
Florida legislature; providing for a state census and
special elections.
WHEREAS, the Legislature of the State of Florida has
determined that an emergency requiring an early deci-
sion by the electors of the State exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special emergency election to be held for
such purpose.
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 if the
new county has a population in excess of two hundred
thousand (200,000) when created it shall have one senator,
which shall be in addition to the number of senators here-
inafter fixed.
Section 2. Representation in the house of representa-
tives.-Representation in the House of Representatives
of the Florida Legislature shall consist of Ninety-five (95)
representatives.
Section 3. Senate.-The legislature shall divide the
state into forty-five (45) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber, and in addition thereto, each district having a popu-
lation of more than twelve per cent (12%) of the total
population of the state according to the latest preceding
U. S. decennial census, shall have one (1) additional mem-
ber. Twenty-three (23) districts shall consist of the
twenty-three (23) most populous counties according to
the latest U. S. decennial census. Twenty-two (22) dis-
tricts shall be created from the remaining forty-four (44)
counties of the state with the view of effecting as equi-
table representation as practical, with due regard for geo-
graphical area, economic interest and population feasi-
bility; provided, however, that until their term of office
expires at the general election of November 1964, sena-
tors whose districts have been abolished shall continue
to hold office as senator for the county of his residence
even though by so doing the total number of members
may exceed forty-six (46).
No county shall be divided in creating a district, except
the county having two (2) senators under the preceding
paragraph may be divided into two (2) districts by the
legislature. No county shall be separated from the re-
mainder of the district 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 a special election called for such purpose,
the legislature shall be apportioned according to appor-
tionment bills passed at the Extraordinary Session of the
Legislature called by proclamation of the Governor to
convene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 complet-
ing 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 effec-
tive 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 first regular session of
the legislature after the next U. S. decennial census and
at the first regular session of the legislature after each
succeeding U. S. decennial census and such reapportion-
ment shall be based upon the latest preceding U. S. de-
cennial 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
inhabitants of the state. The last preceding decennial
U. S. census beginning with the U. S. 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 de-
clared unconstitutional or null and void then the entire
resolution shall be null, void and inoperative.
-was taken up.
Mr. Daniel moved that Senate Joint Resolution No.
16-XX be read a second time in full.
The motion was agreed to and Senate Joint Resolution
No. 16-XX was read a second time in full.
The Select Committee on Constitutional Amendments &
Apportionment offered the following amendment to Sen-
ate Joint Resolution No. 16-XX:
In Section 2, Page 2, strike out all of Section 2. and
insert the following in lieu thereof: "Section 2. Represen-
tation in the 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 shall be entitled to one
representative. Each county shall have 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 U. S. census by the number of
counties; provided that until the general election in
1964 no county shall have fewer representatives than it

40

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

would have been entitled to under the Constitution of
1885, as amended in 1924."
Mr. Daniel moved the adoption of the amendment.
Pending consideration thereof-
Mr. Chiles of Polk offered the following substitute
amendment to Senate Joint Resolution No. 16-XX:
In Section 2, page 2, strike out entire Section 2 and
insert the following in lieu thereof: "Section 2. House of
Representatives.-Representation in the house of repre-
sentatives of the Florida legislature shall be apportioned
among the several counties of the state according to popu-
lation 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 represen-
tative for each whole per cent based upon its total popu-
lation ratio to the total state population. The house mem-
bership shall not be less than one hundred (100) and
not more than one hundred sixty-six (166)."
Mr. Chiles moved the adoption of the substitute amend-
ment.
Pending consideration thereof-
Mr. Turlington of Alachua offered the following amend-
ment to the substitute amendment to Senate Joint Resolu-
tion No. 16-XX: At the end of the substitute amendment
add: "The Legislature may provide in counties having
more than five representative ratios, for the election of
some or all representatives from election districts based
on population."
Mr. Turlington moved the adoption of the amendment
to the substitute amendment.
A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment to the substitute amendment, the result was:
Yeas:

Adams
Anderson
Ayers
Baker
Beck
Broxson
Cleveland
Daniel
Davis
Fagan
Faircloth
Nays:
Mr. Speaker
Allsworth
Bass
Bedenbaugh
Bennett
Carter
Chaires
Chappell
Chiles
Craig
Crews

Griffin,J.J.,Jr.
Guilford
Hasson
Jones
Jordan
Knowles
McDonald
McLaughlin
Miner
Nash
O'Neill

de la Parte
Ducker
Fee
Griffin,B.H.,Jr.
Hollahan
Holley
Inman
Karl
Karst
Lancaster
Land

Peeples Stone
Prescott Strickland
Pruitt Thomas,A.J.,Jr.
Ramos Turlington
Roberts, C.A. Wadsworth
Roberts, E.S. Walker
Russell, C.E. Wells
Saunders, J.A. Williams, B.C.
Saunders, S.D. Williams, J.J.
Smith Wise
Smoak

Liles
Loeffler
Long
Marshburn
Matthews
Mattox
Mitchell, C.J.
Mitchell, R.O.
Owens
Putnal
Russell, J.T.

Scott
Sims
Slade
Stallings
Stevens
Sweeny
Thomas, J.
Usina
Whitfield
Wingate
Zacchini

Yeas-43.
Nays-44.
The motion was not agreed to and the amendment to
the substitute amendment was not adopted.
Mr. Fagan of Alachua offered the following amendment
to the substitute amendment to Senate Joint Resolution
No. 16-XX:

41

In Section 2, page 2, strike out all after the words
"Section 2." and insert the following in lieu thereof:
"Representation in the house of representatives.-Represen-
tation in the house of representatives of the Florida leg-
islature 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 representative in
addition to all others herein provided. The representative
ratio shall be the quotient obtained by dividing the popu-
lation of the state according to the latest U. S. census by
the number of counties; 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. Fagan 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:

Mr. Speaker
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Daniel
Davis
Nays:
Allsworth
Bennett
Boyd
Chiles
Crews
de la Parte
Ducker

Fagan
Fee
Griffin,J.J.,Jr.
Guilford
Hasson
Inman
Jones
Jordan
Karst
Lancaster
Marshburn
Mattox
McAlpin
McDonald
McLaughlin
Miner

Faircloth
Griffin,B.H.,Jr.
Hollahan
Holley
Karl
Knowles
Land

Mitchell, C.J. Smoak
Mitchell, R.O. Stevens
Nash Stone
O'Neill Strickland
Peeples Sweeny
Prescott Thomas,A.J.,Jr.
Putnal Turlington
Ramos Usina
Roberts, C.A. Wadsworth
Rowell Walker
Russ Wells
Russell, C.E. Whitfield
Saunders, J.A. Williams, B.C.
Saunders, S.D. Williams, J.J.
Sims Wingate
Smith Wise

Liles
Loeffler
Long
Markham
Matthews
Owens
Roberts, E.S.

Russell, J.T.
Scott
Slade
Thomas, J.
Zacchini

Yeas-64.
Nays-26.
The motion was agreed to and the amendment to the
substitute amendment was adopted.
PAIR VOTE
I am paired with Mr. Westberry of Duval. If he were
here he would vote "Nay" and I would vote "Yea".
GEORGE B. STALLINGS, JR.
Representative from Duval County
The question recurred on the adoption of the substitute
amendment, as amended.
The motion was agreed to and the substitute amend-
ment, as amended, was adopted.
Messrs. Liles, Zacchini and de la Parte of Hillsborough
offered the following amendment to Senate Joint Resolu-
tion No. 16-XX:

After the resolving clause, strike out: the remainder of
the resolution 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 submitted

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

to the electors of this state for ratification or rejection
at a special called election as provided by Article XVII,
Section 3 of the Florida Constitution.
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 regu-
lar 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.-The house of representatives shall consist of one
hundred and fourteen (114) members to be apportioned
among the several counties of the state as follows: The
counties containing fifty per cent (50%) of the population
of the state shall have one third (1/) of the total represen-
tatives, apportioned as nearly as practicable in accordance
with population. The thirty-eight (38) smallest counties
in population of the state shall have one third (1/) of the
total representatives, apportioned at one (1) representa-
tive for every county. The remaining counties of the state
shall have the remaining one third (1/3) of the representa-
tives, apportioned as nearly as practicable in accordance
with population, provided that each of said counties shall
have at least one (1) representative. The population of the
state shall be based on the latest federal decennial census.
Section 3. Senate.-The representation of the senate in
the Florida legislature shall be apportioned as follows:
There shall be twenty-four (24) districts divided as equally
in population as practicable and each district shall be rep-
resented by one (1) senator provided that based on total
state population all districts having in excess of fifteen per
cent (15%) shall have five (5) additional senators. All dis-
tricts having in excess of twelve per cent (12%) but less
than fifteen per cent (15%) shall have four (4) additional
senators. All districts having in excess of ten per cent
(10%) but less than twelve per cent (12%) shall have three
(3) additional senators. All districts having in excess of
seven per cent (7%) but less than ten per cent (10%) shall
have two (2) additional senators. All districts having in
excess of six per cent (6%) but less than seven per cent
(7%) shall have one (1) additional senator.
No county shall be divided in creating a district. All
multiple county districts shall consist of contiguous counties.
Section 4. Legislative apportionment.-The 1963 legis-
lature shall be composed of the legislators elected pursuant
to the constitution of 1885, as amended, and of the addi-
tional legislators as provided for herein. If this article is
ratified at a special election called pursuant to article XVII,
section 3 of the state constitution, the legislature shall be
apportioned according to apportionment bills passed at the
1962 extraordinary session of the legislature convened
November 9, 1962, provided nothing in this amendment shall
prohibit any representative or senator now serving from
completing the term to which he was elected, and the ad-
ditional 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. The terms of office of sen-
ators elected from the even numbered districts at said
special election shall expire on the first Tuesday after the
first Monday in November, 1966, and the terms of office of
the senators elected from the odd numbered districts shall
expire on the first Tuesday after the first Monday in No-

vember, 1964. The terms of office of members of the house
of representatives elected at said special election shall ex-
pire on the first Tuesday after the first Monday in No-
vember, 1964. 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 decen-
nial 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 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 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.
Mr. Zacchini moved the adoption of the amendment.
The motion was not agreed to and the amendment was not
adopted.
Mr. Hollahan of Dade offered the following amendment
to Senate Joint Resolution No. 16-XX:
In Section 3, strike out all of section 3 and insert the
following in lieu thereof:
Section 3. Senate.-The legislature shall divide the state
into forty-five (45) senatorial districts, each of which
shall be represented in the senate by one (1) member,
and in addition thereto, any district composed of a single
county having a population of more than six hundred
thousand (600,000) according to the latest preceding U. S.
decennial census, shall have one (1) additional member
for each six hundred thousand (600,000) of its population.
Twenty-three (23) districts shall consist of the twenty-
three (23) most populous counties according to the latest
U. S. decennial census. Twenty-two (22) districts shall be
created from the remaining forty-four (44) counties of
the state with the view of effecting as equitable repre-
sentation as practical, with due regard for geographical
area, economic interest and population feasibility; pro-
vided, however, that until their term of office expires at
the general election of November 1964, senators whose
districts have been abolished shall continue to hold office
as senator for the county of his residence.
No county shall be divided in creating a district, except
that any county having two (2) senators under the pre-
ceding paragraph may be divided into two (2) districts
by the legislature. 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 the same district
in 1961.
Mr. Hollahan moved the adoption of the amendment.
The motion was not agreed to and the amendment was
not adopted.
Mr. Nash of Franklin offered the following amendment
to Senate Joint Resolution No. 16-XX:
In Section 3, strike out all of section 3 and insert the
following in lieu thereof: Section 3. Senate-The senate
of the Florida Legislature shall consist of sixty-seven
(67) members. (1) one from each county of the state.
Mr. Nash moved the adoption of the amendment.

42

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment the result was:
Yeas:

McAlpin
McDonald
McLaughlin
Mitchell, C.J.
Nash
O'Neill
Owens
Prescott

Craig
Crews
Daniel
Davis
de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffln,J.J.,Jr.
Hasson
Hollahan
Holley

Putnal
Roberts, C.A.
Russ
Russell, C.E.
Saunders, S.D.
Sims
Smith
Stallings

Inman
Jones
Jordan
Karl
Karst
Knowles
Land
Liles
Loeffler
Long
Matthews
Mattox
Miner
Mitchell, R.O.

Strickland
Thomas,A.J.,Jr.
Walker
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Pruitt
Ramos
Roberts, E.S.
Russell, J.T.
Saunders, J.A.
Scott
Smoak
Stevens
Sweeny
Thomas, J.
Turlington
Usina
Wells
Zacchini

Yeas-32.
Nays-56.
The motion was not agreed to and the amendment was
not adopted.
Messrs. Turlington of Alachua and Knowles of Manatee
offered the following amendment to Senate Joint Resolu-
tion No. 16-XX: Strike out everything following the title
and insert the following in lieu thereof:
WHEREAS, the Legislature of the State of Florida
has determined that an emergency requiring an early de-
cision by the electors of the State exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special emergency election to be held for such
purpose.
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 dis-
trict as determined by the legislature.
Section 2. Representation in the house of representa-

Anderson
Beck
Carter
Chaires
Guilford
Lancaster
Markham
Marshburn
Nays:
Mr. Speaker
Adams
Allsworth
Arrington
Ayers
Baker
Bass
Bedenbaugh
Bennett
Boyd
Broxson
Chappell
Chiles
Cleveland

Yeas:
Allsworth
Chiles
Craig
Davis
de la Parte
Fagan
Faircloth

Hollahan
Knowles
Liles
Long
Matthews
Mattox
Nash

Peeples Turlington
Roberts, C.A. Usina
Roberts, E.S. Wadsworth
Russell, J.T. Wells
Saunders, S.D. Williams, B.C.
Stone Wingate
Thomas, J. Zacchini

43

tives.-The house of representatives shall consist of one
hundred and five (105) members to be apportioned among
the counties as follows: The most populous county shall
have five (5) representatives. The next three most popu-
lous counties shall each have four (4) representatives.
The next five most populous counties shall each have
three (3) representatives. The next fourteen (14) most
populous counties shall each have two (2) representatives.
Each of the remaining counties shall have one (1) rep-
resentative.
Section 3. Senate.-The representation of the senate
in the Florida legislature shall consist of forty-five (45)
members to be elected by districts and to be apportioned
as follows:
Twenty-three of the districts shall be allocated on the
basis of population to the ten most populous counties,
provided that each of these counties shall have at least
one district and none of the ten most populous counties
may be combined with any other county in creating any
senatorial district.
Twenty-two of the members shall be elected by districts
comprising the remaining counties. Such districts shall
be based on population provided that no district shall
comprise more than four counties and no county may be
divided, and counties within each district shall be con-
tiguous.
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 a special election called for such purpose,
the legislature shall be apportioned according to appor-
tionment bills passed at the Extraordinary Session of the
Legislature called by proclamation of the Governor to
convene on November 9, 1962, providing nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 complet-
ing 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 effec-
tive 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 num-
bered districts shall be elected for a term of two (2)
years; thereafter all senators shall be elected for four
(4) year terms.
Section 5. The legislature shall reapportion the rep-
resentation of the house and senate at the 1971 regular
session of the legislature and every ten (10) years there-
after based upon the preceding latest federal decennial
census.
The legislature may by concurrent resolution delegate
to the State Supreme Court, for a period not to exceed
six months, all or any portion of its authority to reappor-
tion the house or senate.
Mr. Turlington 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:

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

Crews
Daniel
Ducker
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Holley
Hosford
Inman
Jones
Jordan
Karst
Lancaster
Land

Loeffler
Markham
Marshburn
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
O'Neill
Owens
Prescott
Pruitt
Putnal
Ramos

Rowell
Russ
Russell, C.E.
Saunders, J.A.
Scott
Slade
Smoak
Stallings
Stevens
Strickland
Sweeny
Thomas,A.J.,Jr.
Whitfield
Williams, J.J.
Wise

Yeas-28.
Nays-60.
Mr. Peeples was given unanimous consent to change
his vote from "Yea" to "Nay".
The motion was not agreed to and the amendment was
not adopted.
Mr. Chappell moved that the rules be waived and Sen-
ate Joint Resolution No. 16-XX be read a third time in
full and placed upon its passage.
The motion was agreed to by a two-thirds vote and
Senate Joint Resolution No. 16-XX, as amended, was
read a third time in full.
Pending roll call-
Mr. Chappell moved that the House stand in informal
recess until 2:40 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 2:10 P. M., the House stood
in informal recess.
The House reconvened at 2:40 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 92 Members present.
The question recurred on the final passage of Senate
Joint Resolution No. 16-XX, as amended.
Pending roll call-
Mr. Chappell of Marion offered the following amend-
ment to Senate Joint Resolution No. 16-XX:
In Section 1, page 2, the first line on the page, strike
the full sentence commencing with the words "any new
county" and insert the following in lieu thereof: "Any
county hereafter created shall have one member of the
House of Representatives until the next apportionment
by the legislature, at which time such county shall be al-
located such representation as is provided for herein.
Any county hereafter created having a population in
excess of two hundred thousand at the time of its cre-
ation shall have one Senator which shall be in addition to
the total number of Senators otherwise provided for
herein, and upon such happening the total number of
senatorial districts otherwise provided for herein shall
be correspondingly increased by one."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to by a two-thirds vote and the
amendment was adopted.
Mr. Chappell of Marion offered the following amend-
ment to Senate Joint Resolution No. 16-XX:

Nays:
Mr. Speaker
Adams
Anderson
Arrington
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Cleveland

44

Following the resolving clause insert the following: "That
three-fourths (3%) of all members elected to each house
of the Legislature does determine that an emergency
requiring an early decision by the electors of the state
does exist with reference to this amendment to Article
VII of the Constitution."
Mr. Chappell moved the adoption of the amendment.
The motion was agreed to by a two-thirds vote and the
amendment was adopted.
The question recurred on the final passage of Senate
Joint Resolution No. 16-XX, as further amended.
When the vote was taken on the passage of the joint
resolution, which now reads as follows:
S. J. R. No. 16-XX(62)-
A JOINT RESOLUTION PROPOSING AN AMEND-
MENT TO ARTICLE VII OF THE CONSTITUTION
OF THE STATE OF FLORIDA, PROVIDING FOR
APPORTIONMENT OF THE FLORIDA LEGIS-
LATURE; PROVIDING FOR A STATE CENSUS
AND SPECIAL ELECTIONS.
WHEREAS, the Legislature of the State of Florida
has determined that an emergency requiring an early de-
cision by the electors of the State exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,
Be It Resolved by the Legislature of the State of Florida:
That three-fourths (3/4) of all members elected to each
house of the Legislature does determine that an emer-
gency requiring an early decision by the electors of the
state does exist with reference to this amendment to
Article VII of the Constitution.
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 a special emergency election to be held for
such purpose.
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 county hereafter created shall have one member
of the House of Representatives until the next apportion-
ment by the legislature, at which time such county shall
be allocated such representation as is provided for herein.
Any county hereafter created having a population in
excess of Two Hundred Thousand at the timeme of its
creation shall have one Senator which shall be in addition
to the total number of Senators otherwise provided for
herein, and upon such happening the total number of
senatorial districts otherwise provided for herein shall
be correspondingly increased by one.
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

November 16, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

shall be entitled to one representative. Each county shall
have one additional representative for each representa-
tive ratio or major fraction thereof. Any county having
more than four (4) representative ratios shall have one
representative 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 U. S. 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 en-
titled to under the Constitution of 1885, as amended in
1924.
Section 3. Senate.-The legislature shall divide the state
into forty-five (45) senatorial districts, each of which
shall be represented in the senate by one (1) member, and
in addition thereto, each district having a population of
more than twelve per cent (12%) of the total population
of the state according to the latest preceding U. S. decen-
nial census, shall have one (1) additional member.
Twenty-three (23) districts shall consist of the twenty-
three (23) most populous counties according to the latest
U. S. decennial census. Twenty-two (22) districts shall be
created from the remaining forty-four (44) counties of
the state with the view of effecting as equitable repre-
sentation as practical, with due regard for geographical
area, economic interest and population feasibility; pro-
vided, however, that until their term of office expires at
the general election of November 1964, senators whose
districts have been abolished shall continue to hold office
as senator for the county of his residence even though by
so doing the total number of members may exceed forty-
six (46).
No county shall be divided in creating a district, except
the county having two (2) senators under the preceding
paragraph may be divided into two (2) districts by the
legislature. No county shall be separated from the remain-
der of the district 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 a special election called for such pur-
pose, the legislature shall be apportioned according to ap-
portionment bills passed at the Extraordinary Session of
the Legislature called by proclamation of the Governor
to convene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 com-
pleting his term to which he was elected and the addi-
tional legislative offices herein created shall be filled by
and at a special election to be held in the affected coun-
ties 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 num-
bered 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 first regular session
of the legislature after the next U. S. decennial census
and at the first regular session of the legislature after
each succeeding U. S. decennial census and such reap-
portionment shall be based upon the latest preceding U. S.
decennial census.
In the event the legislature shall fail to reapportion
the representation as required by this article, the gover-

45

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 inhab-
itants of the state. The last preceding decennial U. S.
census beginning with the U. S. 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.
-the result was:
Yeas:

Mr. Speaker
Adams
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Nays:
Allsworth
Anderson
Carter
de la Parte
Ducker
Faircloth
Hollahan

Daniel
Davis
Fagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hosford
Inman
Jones
Jordan
Karst
Knowles
Lancaster
Markham
Mattox

Holley
Karl
Land
Liles
Loeffler
Long
Marshburn

McAlpin Scott
McDonald Sims
McLaughlin Smith
Miner Smoak
Mitchell, C.J. Stallings
Mitchell, R.O. Stevens
Owens Stone
Peeples Sweeny
Prescott Thomas,A.J.,Jr.
Putnal Turlington
Ramos Usina
Roberts, C.A. Walker
Rowell Wells
Russ Whitfield
Russell, C.E. Williams, J.J.
Saunders, J.A. Wingate
Saunders, S.D. Wise

Matthews
Nash
O'Neill
Pruitt
Roberts, E.S.
Russell, J.T.
Strickland

Thomas, J.
Wadsworth
Williams, B.C.
Zacchini

Yeas-68.
Nays-25.
So Senate Joint Resolution No. 16-XX failed to pass
as amended, by the required Constitutional three-fourths
vote of all Members elected to the House of Representa-
tives, as required by Article XVII, Section 3 of the Con-
stitution of Florida.
PAIR VOTE
I am paired with Mr. Westberry of Duval. If he were
here he would vote "Yea" and I would vote "Nay."
TOM SLADE
Representative from Duval County
Mr. Chiles moved that the House now reconsider the
vote by which Senate Joint Resolution No. 16-XX, as
amended, failed to pass.
A roll call was ordered.
When the vote was taken on the motion to reconsider,
the result was:
Yeas:

Mr. Speaker
Adams
Arrington
Ayers

Baker
Bass
Beck
Bedenbaugh

Bennett
Boyd
Broxson
Carter

Chaires
Chappell
Chiles
Cleveland

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 16, 1962

Craig Karst
Crews Knowles
Daniel Lancaster
Davis Markham
Fagan Mattox
Fee McAlpin
Griffin,B.H.,Jr. McDonald
Griffin,J.J.,Jr. McLaughlin
Guilford Miner
Hasson Mitchell, C.J.
Hollahan Mitchell, R.O.
Hosford Nash
Inman O'Neill
Jones Owens
Jordan Peeples
Nays:

Allsworth
Anderson
de la Parte
Ducker
Faircloth
Yeas-76.

Holley
Karl
Land
Liles
Loeffler

Prescott
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Slade
Smith
Smoak
Stallings

Long
Marshburn
Matthews
Pruitt
Roberts, E.S.

Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Usina
Wadsworth
Walker
Wells
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Russell, J.T.
Thomas, J.
Zacchini

Nays-18.
The motion to reconsider was agreed to.
The question recurred on the final passage of Senate
Joint Resolution No. 16-XX, as amended.
Pending roll call-
Mr. Chiles moved that the House now adjourn to re-
convene at 11:00 A. M., Monday, November 19.
Pending consideration thereof-
Mr. Chappell offered a substitute motion that the House
stand in informal recess for five minutes.
The substitute motion was agreed to.
Thereupon, at the hour of 3:10 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 89 Members present.
Mr. Chiles moved that the House now adjourn to recon-
vene at 1:15 P.M. Monday, November 19.

Mr. Chappell offered a substitute motion that the House
adjourn upon final disposition of Senate Joint Resolution
No. 16-XX, as amended, to reconvene at 1:30 P.M. Monday,
November 19.
A roll call was ordered.

When the vote was taken
result was:
Yeas:

Mr. Speaker
Anderson
Arrington
Ayers
Baker
Bass
Bedenbaugh
Boyd
Broxson
Carter
Chaires
Chappell
Cleveland
Crews

Daniel
Davis
Griffin,J.J.,Jr.
Guilford
Hasson
Holley
Inman
Jones
Jordan
Karst
Lancaster
Loeffler
Markham
McDonald

on the substitute motion, the

Mitchell, C.J.
Mitchell, R.O.
O'Neill
Owens
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Sims
Smith

Smoak
Stallings
Stevens
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Wadsworth
Walker
Whitfield
Williams, J.J.

Nays:
Allsworth
Beck
Bennett
Chiles
Craig
de la Parte
Ducker
Fagan
Faircloth
Fee

Griffin,B.H.,Jr. McAlpin Slade
Hollahan McLaughlin Stone
Karl Miner Usina
Knowles Nash Wells
Land Peeples Williams, B.C.
Liles Prescott Wingate
Long Pruitt Wise
Marshburn Roberts, E.S. Zacchini
Matthews Saunders, S.D.
Mattox Scott

Yeas-53.

Nays-38.

The substitute motion was agreed to.

The question recurred on the final passage of Senate
Joint Resolution No. 16-XX, as amended.
When the vote was taken on the passage of the joint
resolution, the result was:
Yeas:

Mr. Speaker
Anderson
Arrington
Ayers
Baker
Bass
Bedenbaugh
Bennett
Boyd
Broxson
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel

Nays:
Allsworth
Beck
Carter
de la Parte
Ducker
Faircloth
Yeas-67.
Nays-23.

Davis
Fagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hosford
Inman
Jones
Jordan
Karst
Knowles
Lancaster
Mattox
McAlpin
McDonald

Hollahan
Holley
Karl
Land
Liles
Loeffler

Mr. Markham was given
corded as voting "Yea."

McLaughlin Sims
Miner Smith
Mitchell, C.J. Smoak
Mitchell, R.O. Stallings
O'Neill Stevens
Owens Stone
Peeples Sweeny
Prescott Thomas,A.J.,Jr.
Putnal Turlington
Ramos Usina
Roberts, C.A. Walker
Rowell Wells
Russ Whitfield
Russell, C.E. Williams, J.J.
Saunders, J.A. Wingate
Saunders, S.D. Wise
Scott

Long
Marshburn
Matthews
Nash
Pruitt
Roberts, E.S.

Russell, J.T.
Strickland
Wadsworth
Williams, B.C.
Zacchini

unanimous consent to be re-

Mr. Thomas of Palm Beach was given unanimous con-
sent to be recorded as voting "Nay."

So Senate Joint Resolution No. 16-XX, as amended,
failed to pass by the required Constitutional three-fourths
vote of all Members elected to the House of Representa-
tives, as required by Article XVII, Section 3, of the Con-
stitution of Florida.
PAIR VOTE
I am paired with Mr. Westberry of Duval on the final
passage of Senate Joint Resolution No. 16-XX, as amended.
If he were here, he would vote "Yea," and I would vote
"Nay."
TOM SLADE
Representative from Duval County

The time of adjournment having arrived, the House
stood adjourned at the hour of 3:22 P.M. until 1:30 P.M.,
Monday, November 19, 1962.

46

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Monday, November 19, 1962

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

Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Marshburn
Matthews
Mattox
McAlpin

McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

Excused: Messrs. Ayers, Sweeny, Hosford, and Mark-
ham.

A quorum present.

Prayer was offered by Representative Broxson of Santa
Rosa.

Pledge of allegiance to the Flag.

CORRECTION OF THE JOURNAL

The Journal for Friday, November 16, was ordered cor-
rected and as corrected was approved.

ANNOUNCEMENT
The Speaker announced that he would rule on the ques-
tion of the consideration of matters identical in substance
to those heretofore considered and rejected by this ses-
sion, and cited two conflicting precedents set in 1955, one
during the Regular Session, and one during the Extra-
ordinary Reapportionment Session. He ruled that since
there is a Constitutional mandate to reapportion the Leg-
islature, that during this Extraordinary Session limited
to the subject of reapportionment, it would be in order to
consider other measures of the same substance which had
been rejected, either by the House or in committee, on
reapportionment of the Legislature.

INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS.
By Messrs. Nash of Franklin and Williams of Gulf-
H. B. No. 31-XX- A bill to be entitled An Act
relating to the apportionment of the Florida legislature;
providing for sixty-seven (67) senators; providing for
two hundred and thirteen (213) members of the house of
representatives; providing the terms of office and manner
of election thereof; providing an effective date.
The bill was read the first time by title and referred to

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Baker
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker
Fagan

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Baker
Beck
Bedenbaugh
Bennett
Boyd
Broxson

Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman

Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Marshburn

47

the Select Committee on Constitutional Amendments &
Apportionment.
RECONSIDERATION
Mr. Fagan moved that the House now reconsider the
vote by which House Joint Resolution No. 11-XX, as
amended, failed to pass on Friday, November 16, by the
required Constitutional three-fourths vote of all Mem-
bers elected to the House of Representatives, as required
by Article XVII, Section 3, of the Constitution of Florida.

The motion was agreed to, and the vote by which House
Joint Resolution No. 11-XX, as amended, failed to pass
was reconsidered, and House Joint Resolution No. 11-XX,
as amended, was placed back on third reading.

The question recurred on the passage of House Joint
Resolution No. 11-XX, as amended.

Pending roll call-

Mr. Fagan moved that the House now reconsider the
vote by which House Joint Resolution No. 11-XX, as
amended, was placed on third reading and requested that
the motion be left pending.

INTRODUCTION OF GUEST
The Speaker introduced Mrs. Farris Bryant, Florida's
First Lady, wife of the Governor.

Mr. Roberts of Palm Beach moved that the House stand
in recess until 2:30 P. M. today.
Pending consideration thereof-
Mr. Daniel offered a substitute motion that the House
stand in recess until 3:00 P. M. today.
Pending consideration thereof-
Mr. Chiles offered an amendment to the substitute
motion that the House stand in recess until 4:00 P. M.
today.
The amendment to the substitute motion was agreed to.
The question recurred on the substitute motion, as
amended, that the House stand in recess until 4:00 P. M.
today.
The substitute motion was agreed to.
Thereupon, at the hour of 1:45 P. M., the House stood
in recess.
The House reconvened at 4:00 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken and the following Members were
recorded present:

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 19, 1962

Matthews
Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott

Pruitt Slade Walker
Putnal Smith Wells
Ramos Smoak Westberry
Roberts, C.A. Stallings Whitfield
Roberts, E.S. Stevens Williams, B.C.
Rowell Stone Williams, J.J.
Russ Strickland Wingate
Russell, C.E. Sweeny Wise
Russell, J.T. Thomas,A.J.,Jr. Zacchini
Saunders, J.A. Thomas, J.
Saunders, S.D. Turlington
Scott Usina
Sims Wadsworth

A quorum present.

Mr. Chappell moved that the rules be waived and House
Joint Resolution No. 11-XX be made a part of the Special
and Continuing order of business now on the Calendar.

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

Mr. Daniel moved that the House now adjourn to re-
convene at 9:30 A. M. tomorrow.

A roll call was demanded.

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

Yeas:
Mr. Speaker
Anderson
Arrington
Baker
Beck
Bedenbaugh
Bennett
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Daniel
Davis
Nays:
Adams
Allsworth
Ducker
Faircloth
Fee
Griffn,J.J.,Jr.
Yeas-64.
Nays-24.

de la Parte
Fagan
Griffin,B.H.,Jr.
Guilford
Hosford
Inman
Jones
Karl
Karst
Lancaster
Marshburn
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.

Hasson
Hollahan
Jordan
Knowles
Land
Liles

Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Sims

Loeffler
Long
Matthews
Mattox
Roberts, E.S.
Russell, J.T.

Smith
Smoak
Stevens
Stone
Strickland
Sweeny
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Scott
Slade
Stallings
Thomas, J.
Turlington
Zacchini

The motion to adjourn was agreed to.
Thereupon, at the hour of 4:14 P. M., the House stood
adjourned until 9:30 A. M. tomorrow.

48

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Tuesday, November 20, 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:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Matthews

Mattox Sims
McAlpin Slade
McDonald Smith
McLaughlin Smoak
Miner Stallings
Mitchell, C.J. Stevens
Mitchell, R.O. Stone
Nash Strickland
O'Neill Sweeny
Owens Thomas,A.J.,Jr.
Peeples Thomas, J.
Prescott Turlington
Pruitt Usina
Putnal Wadsworth
Ramos Walker
Roberts, C.A. Wells
Roberts, E.S. Westberry
Rowell Whitfield
Russ Williams, B.C.
Russell, C.E. Williams, J.J.
Russell, J.T. Wingate
Saunders, J.A. Wise
Saunders, S.D. Zacchini
Scott

A quorum present.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain:
Our Heavenly Father-We cannot remain blind to the
good things which come to us from Thee-Therefore, help
us learn to live according to the way we are blessed-Lest
You begin to bless according to the way we live.-Amen.
CORRECTION OF THE JOURNAL
The Journal for Monday, November 19, was ordered
corrected as follows:
On page 46, column 2, at the end of line 19, counting
from the top of the page, strike out the period and add the
following: "and requested that the motion be left pend-
ing."
Also, on page 46, column 2, strike out lines 20, 21, and
22, counting from the top of the page.
The Journal for Monday, November 19, as corrected,
was approved.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS
By Mr. O'Neill of Marion-
H. J. R. No. 32-XX-A Joint Resolution containing a legis-
lative finding of facts 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. That the legislature of the State of Florida
hereby recognizes, as has been noted by the Supreme
Courts of Florida and other courts, that the counties of
the state are, according to the Constitution of Florida,
the recognized legal political subdivisions of the state,
that they have a recognized existence as autonomous po-

litical entities for local government purposes as well as
being legal political divisions of the state and they have
as legal political divisions of the state a nature akin to
governmental agencies. The legislature further recognizes
that the counties, as the legal political units of the state,
have community characteristics and feelings, many of
which are embedded in history and as such have become
the convenient, efficient and natural administrative units
through which the state has organized its aid to schools,
its aid to roads, its public assistance, its public health
services, its law enforcement, its judiciary, its tax ad-
ministration, the registration of electors, the conduct of
elections of state officers, and numerous other public serv-
ices and functions. The legislature reiterates the recog-
nized fact that the governments of the counties of Florida,
and of the municipalities within them, are highly depen-
dent upon local and special enactments procured by the
legislative delegations from the affected areas, that these
measures are of vast importance to the people of the re-
spective counties or municipalities to which they apply
and, therefore, the election of at least one member of the
legislature from each county is entirely rational. The leg-
islature finds no authority in the holdings of the Supreme
Court of the United States to authorize an inferior federal
court, bound by state law in substantive matters, to dic-
tate the measure, manner or means that a sovereign state
of the Union must use to organize and apportion its legis-
lature and, to the contrary, finds express recognition in
the decisions of certain courts that at least in certain
states, including Florida, the counties constitute an inte-
gral and historic part of the state's governmental struc-
ture, that they have real and substantial interests in the
state's laws and a role of effective participation in state
government. The legislature therefore finds as a fact that
the interests of all inhabitants of the state can best be
served by having one house of its legislature constituted
by the legal political units of the state, namely the coun-
ties, while the other is constituted by a measure equiva-
lent to population.
Section 2. That the amendment of Article VII of the
Constitution of the State of Florida set forth in Section
3 hereof be and the same is hereby agreed to and shall
be submitted to the electors of the State of Florida for
approval or rejection at a special called election as pro-
vided by Article XVII, Section 3 of the Florida Constitu-
tion.
That three-fourths (34) of all members elected to each
House of the Legislature does determine that an emer-
gency requiring an early decision by the electors of the
state does exist with reference to this amendment of
Article VII of the Constitution.
Section 3. That Article VII of the Constitution of the
State of Florida be amended as set forth below, subject
to its submission to the electors as provided in Section 2
of this resolution:
ARTICLE VII
CENSUS AND 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. The interests of all inhabi-
tants of the state can best be served by having one house
of the legislature constituted by registered electors and
one by a legal political unit of the state described by
geography but having common demographic and socio-
economic characteristics. Counties derive their status as

49

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 1962

legal political subdivisions of the state from the provi-
sions of this constitution and are the convenient and
natural divisions of the area of the state; therefore, the
respective counties of the state are the units of govern-
ment which shall be employed as the basis for representa-
tion in one of said houses, which shall be the senate.
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 legis-
lature shall expire on the first Tuesday after the first
Monday in November in each regular election year. Mem-
bers of the senate and house of representatives shall be
elected as provided by law. Any new county created by
the legislature shall be entitled to one senator, but shall
remain in its previous house district until the next regu-
lar reapportionment.
Section 2. Representation in the senate.-Representa-
tion in the senate of the Florida legislature shall consist
of one (1) senator from each of the several counties of
the state, each county to be designated as a senatorial
district.
Section 3. Representation in the house of representa-
tives.-Representation in the house of representatives
of the Florida legislature shall consist of one hundred
fifteen (115) representatives to be apportioned among
representative districts, such districts to be determined
as provided herein but no county shall be divided in
creating a district. Where any representative district is
composed of two or more counties, the counties of which
such district consists shall not be entirely separated by
any county belonging to another district.
A unit of representation shall be determined by divid-
ing the total number of registered electors in the state
qualified to vote in the general election held in 1962 and
every tenth year thereafter by one hundred fifteen (115).
Each county with an elector registration in excess of
the unit of representation shall be designated as a dis-
trict. The remaining counties shall be combined into
multiple county districts as follows: (a) Counties shall
be combined until their total of elector registration ex-
ceeds the unit of registration; provided that not more
than four (4) counties shall be included in a district; (b)
the remaining counties shall be combined into two or
three county districts as nearly equal in elector regis-
tration as is mathematically possible; (c) any remaining
isolated county shall be designated as a single county
district if the county is entitled to a representative after
a quotient has been determined as provided hereinafter.
If the county is not entitled to a representative after a
quotient has been determined it shall be included in the
adjoining district having the least elector registration.
The elector registration of each district shall be divid-
ed by the unit of registration and the resulting quotient
shall constitute the unit to be used as a basis for appor-
tioning the representatives among the districts. Each dis-
trict shall receive one (1) representative for each whole
number. Any remaining representatives shall be allocated
one (1) each to a district with priority given to that
district having the highest fraction of a whole number
and descending to the districts having the next highest
fractions of a whole number until all representatives are
allocated.
Section 4. Period of transition; filling offices.-The
legislature shall apportion its representation by concur-
rent resolution at its 1963 regular session in accordance
with this article, which shall take effect at such times and
in such manner as to determine the legislative offices to
be filled at the 1964 general election. Those senators
elected for a term beginning on the sixth day of Novem-
ber, 1962, pursuant to the Constitution of 1885 as amend-
ed shall each be deemed and held to be the senator repre-
senting the senatorial district embracing the county in
which he resides until the expiration of the term for

which he was elected, provided he shall not have removed
his place of residence in the meantime from said senator-
ial district. At the 1964 general election, senators repre-
senting even numbered districts shall be elected for a two-
year term and senators representing odd numbered dis-
tricts shall be elected for a four-year term, with all sen-
ators thereafter being elected as provided in this article.
The legislature shall reapportion its representation by
concurrent resolution in accordance with this article at
the 1973 regular session of the legislature and at the reg-
ular session every ten years thereafter, based upon the
number of registered electors qualified to vote in the
latest preceding general election.
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.
Section 6. Severability clause.- The provisions of this
article are declared inseparable: It is the declared inten-
tion in the proposing and adopting of this article that if
any section, paragraph, sentence, clause, phrase or other
provision of this article whatsoever shall be held uncon-
stitutional or otherwise invalid by any court of competent
jurisdiction, or should it be declared inapplicable in any
case, then the entire article shall fall and that this article
would not have been adopted had such invalid provision
not been included herein.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Miner of Hendry-
H. R. No. 33-XX-A Resolution commending and express-
ing gratitude to the Attorney General of the State of
Florida and his staff for their defense of the State of
Florida in legal action concerning the apportionment
of this Legislature.
WHEREAS, legal action was filed against the Secretary
of State of the State of Florida in the Federal District
Court for the Southern District of Florida, seeking an
order declaring the apportionment of the Legislature of
the State of Florida to be invalid, and
WHEREAS, the Attorney General of the State of Flor-
ida was called upon to defend the interests of the State
of Florida in such litigation, and
WHEREAS, the Federal District Court for the South-
ern District of Florida, in the course of such litigation,
did decree that the existing apportionment of the Florida
Senate and House of Representatives was and is "invid-
iously discriminatory" and prospectivelyy null and void,"
and
WHEREAS, the Legislature of the State of Florida, in
extraordinary session assembled, did duly propose a con-
stitutional amendment and enabling statute for the reap-
portionment of the Florida Senate and House of Repre-
sentatives, and
WHEREAS, the Attorney General of the State of Flor-
ida and his staff, in a continuation of the said litigation,
did secure the approval of the Federal District Court for
the Southern District of Florida of the said proposed

50

November 20, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

constitutional amendment and its enabling statute, and
an authorization for a referendum of the said constitu-
tional amendment to the people of the State of Florida,
and
WHEREAS, the citizens of the State of Florida are,
and of right, ought to be grateful for the exemplary and
highly professional service rendered by the Attorney
General of the State of Florida and his staff in their
successful defense in the said litigation, NOW THERE-
FORE,
Be It Resolved by the House of Representatives of the State
of Florida:
That on behalf of the citizens of the State of Florida,
this House of Representatives does commend the Attorney
General of the State of Florida and his staff for the
dedicated, highly professional and successful defense of
the State of Florida in the said litigation, and
BE IT FURTHER RESOLVED that a copy of this res-
olution, duly certified, be presented to the Attorney Gen-
eral of the State of Florida.
-was read the first time by title.
Mr. Miner moved that House Resolution No. 33-XX be
read a second time in full.
The motion was agreed to and House Resolution No.
33-XX was read a second time in full.
Mr. Miner moved the adoption of the resolution.
The motion was agreed to and House Resolution No.
33-XX was adopted.
MATTERS ON RECONSIDERATION
The question recurred on the motion by Mr. Fagan
that the House reconsider the vote by which House Joint
Resolution No. 11-XX, as amended, was placed on third
reading.
The motion was agreed to, and the vote by which
House Joint Resolution No. 11-XX, as amended, was
placed on third reading was reconsidered, and House
Joint Resolution No. 11-XX, as amended, was placed back
on second reading, and retained its place on the Special
and Continuing Order Calendar for today.
SPECIAL AND CONTINUING ORDER
S. B. No. 17-XX(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-five (45) districts; amending section 10.01, adding
section 10.04, Florida Statutes; providing for an election;
providing for filling vacancies; providing effective date.
-was taken up.
Mr. Chappell moved that the rules be waived and
Senate Bill No. 17-XX be read a second time by title.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 17-XX was read a second time by title.
Mr. Strickland of Citrus offered the following amend-
ment to Senate Bill No. 17-XX(62):

In Section 1, Sub-section 2, Page 2, following the words
"Ninth district-" strike out: "Hernando county and
Sumter county" and insert the following in lieu thereof:
"Hernando county, Citrus county and Sumter county"

In Section 1, Sub-section 2, Page 3, following the words
"Twenty-first district-" strike out: "Dixie county, Levy
county, Gilchrist county and Citrus county" and insert
the following in lieu thereof: "Dixie county, Levy county
and Gilchrist county"

Mr. Strickland moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Nash of Franklin offered the following amendment
to Senate Bill No. 17-XX:
In Section 1, Sub-section 2, strike out: "Fifth district-
Wakulla county, Liberty county, Franklin County and Jef-
ferson county" and insert the following in lieu thereof:
"Fifth district-Wakulla county, Liberty county and
Franklin county"
Mr. Nash 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:

Mr. Speaker
Adams
Baker
Beck
Bedenbaugh
Broxson
Chaires
Chappell
Daniel
Nays:
Allsworth
Anderson
Bass
Bennett
Boyd
Chiles
Cleveland
Craig
Crews
Davis
de la Parte
Ducker
Faircloth
Yeas-34.

Nays-50.
The motion
not adopted.

Fagan
Guilford
Hosford
Lancaster
Markham
Marshburn
McAlpin
McDonald
Miner

Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hasson
Hollahan
Holley
Jones
Jordan
Karl
Karst
Knowles
Land
Liles

Mitchell, C.J.
Nash
O'Neill
Peeples
Ramos
Rowell
Russell, C.E.
Saunders, J.A.
Stevens

Stone
Strickland
Wadsworth
Wells
Williams, B.C.
Wingate
Wise

Loeffler Smith
Long Smoak
Matthews Stallings
Mattox Sweeny
McLaughlin Thomas,A.J.,Jr.
Pruitt Thomas, J.
Putnal Turlington
Roberts, C.A. Walker
Roberts, E.S. Westberry
Russell, J.T. Whitfield
Saunders, S.D. Zacchini
Scott
Slade

was not agreed to and the amendment was

Mr. Turlington of Alachua offered the following amend-
ment to Senate Bill No. 17-XX:
In Section 1, strike out: "twelve per cent (12%)" and
insert the following in lieu thereof: "ten percent (10%)"
Mr. Turlington moved the adoption of the amendment.
The motion was not agreed to and the amendment was
not adopted.
Mr. Chappell moved that the rules be further waived
and Senate Bill No. 17-XX, 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. 17-XX, 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
Adams
Anderson
Arrington
Ayers
Baker
Bass

Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires

Chappell
Cleveland
Craig
Crews
Daniel
Davis
Fagan

Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hosford
Inman

51

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 1962

Jones
Jordan
Karst
Knowles
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
McLaughlin
Nays:
Allsworth
Chiles
de la Parte
Ducker
Faircloth
Hollahan
Yeas-72.

Nays-21.
So the bill
grossed.

Miner
Mitchell, C.J.
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C.A.
Rowell
Russ

Holley
Karl
Land
Liles
Loeffler
Long

Russell, C.E. Strickland
Saunders, J.A. Sweeny
Saunders, S.D. Thomas,A.J.,Jr.
Scott Usina
Sims Wadsworth
Slade Wells
Smith Westberry
Smoak Whitfield
Stallings Williams, J.J.
Stevens Wingate
Stone Wise

Matthews
Nash
Pruitt
Roberts, E.S.
Russell, J.T.
Thomas, J.

Turlington
Williams, B.C.
Zacchini

passed, as amended, and was ordered en-

Mr. Chappell moved that the House reconsider the vote
by which Senate Bill No. 17-XX, as amended, passed and
requested that the motion be left pending.
H. J. R. No. 11-XX-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 a special called election as provided by Article XVII,
Section 3 of the state constitution:

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 (1) representative. Each county shall
have one (1) additional representative for each represen-
tative ratio or major fraction thereof. Any county having
more than four (4) representative ratios shall have one
(1) representative in addition to all others herein pro-
vided. The representative ratio shall behe quotient ob-
tained by dividing the population of the state according
to the latest federal decennial 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.

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 3. 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 than the boundaries of the con-
gressional districts. The senate shall consist of three (3)
members from each such senatorial district. The senato-
rial 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.
The legislature may create within the boundaries of
any senatorial district herein provided subdistricts not
to exceed three (3). Any senator elected to represent any
such subdistrict shall be a resident of and elected by the
electors of said subdistrict.
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.
The terms of office of all senators presently serving
in the Florida legislature shall terminate at the general
election held on November 3, 1964. Commencing with said
general election held in 1964 senators representing the
senatorial districts provided by this article shall be
elected for a term of four (4) years.
Section 4. Legislative apportionment.-If this article
is ratified at a special election called pursuant to Article
XVII, Section 3 of the state Constitution, the legislature
shall be apportioned according to an apportionment bill
passed at the extraordinary session convened in November,
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 house of representative offices herein
created shall be filled by and at a special election to be
held in the affected counties as provided by law.
The legislature shall reapportion its representation in
accordance with this article in each general legislative
session following the federal decennial census. Such reap-
portionment shall be based upon the preceding latest fed-
eral 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 adjourn-
ment, 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 fed-
eral census beginning with the federal decennial 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.
-was taken up, having been reconsidered and placed
back on second reading today.
Messrs. Daniel of Lake and Mitchell of Leon offered the
following amendment to House Joint Resolution No.
11-XX: Following the resolving clause, strike out the
remainder of the resolution and insert the following in
lieu thereof:
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

52

November 20, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

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 county hereafter created shall have one (1)
member of the house of representatives until the next
apportionment by the legislature, at which time such
county shall be allocated such representation as is pro-
vided for herein. Any county hereafter created having a
population in excess of two hundred thousand (200,000)
at the time of its creation shall have one (1) senator
which shall be in addition to the total number of senators
otherwise provided for herein, and upon such happening
the total number of senatorial districts otherwise provided
for herein shall be correspondingly increased by one (1).
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 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 3. Senate.-The legislature shall divide the
state into forty-five (45) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber, and in addition thereto, each district having a popu-
lation of more than twelve per cent (12%) of the total
population of the state according to the latest preceding
federal decennial census, shall have one (1) additional
member. Twenty-three (23) districts shall consist of the
twenty-three (23) most populous counties according to
the latest federal decennial census. Twenty-two (22) dis-
tricts shall be created from the remaining forty-four (44)
counties of the state with the view of effecting as equit-
able representation as practicable, with due regard for
geographical area, economic interest and population fea-
sibility; provided, however, that until their terms of of-
fice expire at the general election of November, 1964, any
senator whose district has been abolished shall continue
to hold office as senator for the county of his residence
even though by so doing the total number of members may
exceed forty-six (46). No county shall be divided in crea-
ting a district, except in a county having two (2) senators
under the preceding paragraph the legislature may divide
the county into two (2) groups for qualifying purposes,
with election to be county-wide. No county shall be separ-
ated from the remainder of the district of which it is a
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 a special election called for such
purpose, the legislature shall be apportioned according
to apportionment bills passed at the extraordinary ses-
sion of the legislature called by proclamation of the gov-
ernor to convene on November 9, 1962, 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 complet-
ing his term to which he was elected and the additional
legislative offices herein created shall be filled by and at a

53

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 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 first regular session of
the legislature after the next federal decennial census
and at the first regular session of the legislature after
succeeding federal decennial census and such reappor-
tionment shall be based upon the latest preceding 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 reappor-
tionment, and such extraordinary session shall manda-
torily 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 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.
Mr. Daniel moved the adoption of the amendment.
Pending consideration thereof-
Mr. Arrington of Gadsden offered the following amend-
ment to the Amendment to House Joint Resolution No.
11-XX:
In Section 2, strike out the entire section and insert
the following in lieu thereof: "Section 2. House of Rep-
resentatives. The House of representatives of the state
shall be composed of members chosen every 2nd year by
the people of the several counties. The total number of
members of the house of representatives shall be one
hundred and eighty two (182). Each county shall be
entitled to one (1) representative for each thirty-five
thousand (35,000) population and an additional repre-
sentative for each additional thirty-five thousand (35,-
000) population or any fraction thereof, provided how-
ever, that each county shall have at least one (1)
representative. Provided further that after each suc-
ceeding federal decennial census the number of repre-
sentatives to which each county would be entitled under
the apportionment of the one hundred and eighty two
(182) members of the house of representatives shall be
determined by the method known as the method of
equal proportions, providing always, that no county shall
receive less than one (1) member. It shall be the duty
of the secretary of state as soon as is practicable after
the compilation of each federal decennial census to cer-
tify the number of representatives to which each county
is entitled under the law."
Mr. Arrington moved the adoption of the amendment
to the amendment.
Pending consideration thereof-
Mr. O'Neill of Marion offered the following substitute
amendment to House Joint Resolution No. 11-XX: Follow-
ing the resolving clause, strike out the remainder of the
resolution and insert the following in lieu thereof:
Section 1. Composition of the legislature.-The legis-

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 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 county hereafter created shall have one (1)
member of the house of representatives until the next ap-
portionment by the legislature, at which time such county
shall be allocated such representation as is provided for
herein. Any county hereafter created having a population
in excess of two hundred thousand (200,000) at the time
of its creation shall have one (1) senator which shall be
in addition to the total number of senators otherwise
provided for herein, and upon such happening the total
number of senatorial districts otherwise provided for
herein shall be correspondingly increased by one (1).
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. The representative ratio shall
be the quotient obtained by dividing the population of the
state according to the latest U. S. 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 legislature shall divide the
state into forty-five (45) senatorial districts, each of which
shall be represented in the senate by one (1) member,
and in addition thereto, each district having a population
of more than twelve per cent (12%) of the total popula-
tion of the state according to the latest preceding federal
decennial census, shall have one (1) additional member.
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 as equitable repre-
sentation as practical, with due regard for geographical
area, economic interest and population feasibility; provid-
ed, however, that until their terms of office expire at the
general election of November, 1964, any senator whose
district has been abolished and shall continue to hold
office as senator for the county of his residence even
though by so doing the total number of members may
exceed forty-six (46).
No county shall be divided in creating a district, except
in a county having two (2) senators under the preceding
paragraph the legislature may divide the county into two
(2) groups for qualifying purposes, with election to be
county-wide. No county shall be separated from the re-
mainder of the district of which it is a 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 pursu-
ant to the constitution of 1885, as amended, and of the
additional legislators as provided for herein. If this article
is ratified at a special election called for such purpose,
the legislature shall be apportioned according to appor-
tionment bills passed at the extraordinary session of the
legislature called by proclamation of the governor to con-
vene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the con-
stitution 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 com-

pleting his term to which he was elected and the addi-
tional legislative offices herein created 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 first regular session
of the legislature after the next federal decennial census
and at the first regular session of the legislature after
each succeeding federal decennial census and such re-
apportionment shall be based upon the latest preceding
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 reap-
portionment, and such extraordinary session shall manda-
torily 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 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.
Mr. O'Neill moved the adoption of the substitute amend-
ment.
Pending consideration thereof-
Mr. Fagan of Alachua offered the following amendment
to the substitute amendment to House Joint Resolution
No. 11-XX:
In Section 2, strike out: the entire section and insert
the following in lieu thereof: "Section 2. Representation
in the 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 shall have one (1) representa-
tive. Each county shall have one (1) additional repre-
sentative for each representative ratio or major fraction
thereof. Any county having more than four (4) repre-
sentative ratios shall have one (1) representative in ad-
dition to all others herein provided. The representative
ratio shall be the quotient obtained by dividing the popu-
lation of the state according to the latest federal decen-
nial 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."
Mr. Fagan moved the adoption of the amendment to the
substitute amendment.
The question then recurred on the adoption of the
amendment by Mr. Arrington to the amendment offered by
Mr. Daniel to House Joint Resolution No. 11-XX.
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 by Mr. Fagan to the substitute amendment offered
by Mr. O'Neill to House Joint Resolution No. 11-XX.
A roll call was ordered.

54

November 20, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

Mr. Speaker
Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Crews
Daniel
Nays:
Allsworth
Chiles
de la Parte
Ducker
Faircloth
Yeas-75.

Nays-20.

Davis
Fagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hosford
Inman
Jones
Jordan
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
McLaughlin

Hollahan
Holley
Karl
Knowles
Land

Miner
Mitchell, C
Mitchell, R
SNash
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C.
Rowell
Russ
Russell, C.E
Saunders, J
Saunders, E
Scott
Sims
Smith

Liles
Loeffler
Long
Matthews
Pruitt

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

Smoak
.J. Stallings
.O. Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Usina
Wadsworth
A. Walker
Wells
Westberry
. Whitfield
r.A. Williams, B.C.
3.D. Williams, J.J.
Wingate
Wise

Roberts, E.S.
Russell, J.T.
Slade
Thomas, J.
Zacchini

amendment to the

The question recurred on the adoption of the substitute
amendment, as amended.
The motion was agreed to, and the substitute amend-
ment, as amended, was adopted.
Mr. Karl of Volusia offered the following amendment
to House Joint Resolution No. 11-XX:
In Section 4, second paragraph, line 5, following the
words "federal decennial census" strike out: remainder
of section and insert the following in lieu thereof: "In
the event the legislature shall fail to reapportion the rep-
resentation as required by this article, a reapportionment
commission composed of the governor, the speaker of the
house, the president of the senate, the attorney general,
the secretary of state, superintendent of public instruc-
tion, comptroller, state treasurer, and the commissioner
of agriculture shall meet within sixty (60) days following
the adjournment of the legislature failing to reapportion
as aforesaid. The governor shall preside over the com-
mission and the commission shall not adjourn until agree-
ment has been reached by a majority of the members
of the commission. The commission shall apportion the
legislature and upon such plan being filed in the office
of the secretary of state it shall become a law."
Mr. Karl moved the adoption of the amendment.
The motion was not agreed to and the amendment was
not adopted.
Messrs. Mitchell and Sims of Jackson offered the fol-
lowing amendment to House Joint Resolution No. 11-XX:
In Section 2, line 1, page 2 before the words "for each"
insert the following "having a population between thirty-
six thousand (36,000) and thirty-nine thousand (39,000)
and"
Mr. Mitchell of Jackson moved the adoption of the
amendment.
The motion was not agreed to and the amendment was
not adopted.

55

Messrs. Turlington of Alachua, Knowles of Manatee, and
Liles of Hillsborough offered the following amendment to
House Joint Resolution No. 11-XX: Strike out: everything
following the title and insert the following in lieu thereof:

WHEREAS, the Legislature of the State of Florida has
determined that an emergency requiring an early decision
by the electors of the State exists, and

WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,
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
a special emergency election to be held for such purpose.

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 Tues-
day after the first Monday in November in each regular elec-
tion year. Members of the senate and house of represen-
tatives 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 pre-
scribed 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 represen-
tatives.-The house of representatives shall consist of one
hundred and six (106) members to be apportioned among
the counties as follows: The most populous county shall
have six (6) representatives. The second most populous
county shall have five (5) representatives. The next three
most populous counties shall each have four (4) represen-
tatives. The next five most populous counties shall each
have three (3) representatives. The next eleven (11) most
populous counties shall each have two (2) representatives.
Each of the remaining counties shall have one (1) repre-
sentative.
Section 3. Senate.-The representation of the senate in
the Florida legislature shall consist of forty-six (46) mem-
bers to be elected by districts and to be apportioned as
follows:
Twenty-four of the districts shall be allocated on the
basis of population to the ten most populous counties, pro-
vided that each of these counties shall have at least one
district and none of the ten most populous counties may
be combined with any other county in creating any sen-
atorial district.

Twenty-two of the members shall be elected by districts
comprising the remaining counties. Such districts shall
be based on population provided that no district shall com-
prise more than four counties and no county may be
divided, and counties within each district shall be
contiguous.

Section 4. Legislative apportionment.-The 1963 legis-
lature shall be composed of the legislators elected pursuant
to the Constitution of 1885, as amended, and of the addi-
tional legislators as provided for herein. If this article is
ratified at a special election called for such purpose, the

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 1962

legislature shall be apportioned according to apportionment
bills passed at the Extraordinary Session of the Legislature
called by proclamation of the Governor to convene on No-
vember 9, 1962, 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 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.
Section 5. The legislature shall reapportion the rep-
resentation of the house and senate at the 1971 regular
session of the legislature and every ten (10) years there-
after based upon the preceding latest federal decennial
census.
The legislature may by concurrent resolution delegate
to the State Supreme Court, for a period not to exceed six
months, all or any portion of its authority to reapportion the
house or senate.
Mr. Turlington moved the adoption of the amend-
ment.
A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment, the result was:
Yeas:

Adams
Allsworth
Baker
Bennett
Chiles
Davis
de la Parte
Ducker
Nays:
Mr. Speaker
Anderson
Arrington
Bass
Beck
Bedenbaugh
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Crews
Daniel
Fagan
Griffin,B.H.,Jr.

Faircloth
Fee
Hollahan
Holley
Karl
Knowles
Land
Liles

Griffin,J.J.,Jr.
Guilford
Hasson
Hosford
Inman
Jones
Jordan
Karst
Lancaster
Markham
Marshburn
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.

Loeffler
Long
Matthews
Mattox
Pruitt
Roberts, E.S.
Russell, J.T.
Slade

Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Stevens
Sweeny
Thomas, J.
Turlington
Usina
Zacchini

Smith
Smoak
Stallings
Stone
Strickland
Thomas,A.J.,Jr.
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Yeas-30.
Nays-63.
The motion was not agreed to, and the amendment
was not adopted.
Mr. Fagan of Alachua offered the following amend-
ment to House Joint Resolution No. 11-XX: Following
the resolving clause insert the following:
"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 a special called election as provided by

Article XVII, Section 3 of the state constitution.
"That three-fourths of all members elected to each
house of the legislature does determine that an emer-
gency requiring an early decision by the electors of the
state does exist with reference to this amendment to
Article VII of the Constitution:"
Mr. Fagan moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Fagan of Alachua offered the following amendment
to House Joint Resolution No. 11-XX:
Strike out the title and all following to the resolving
clause 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 election.
"WHEREAS, the Legislature of the State of Florida
has determined that an emergency requiring an early
decision by the electors of the State exists, and
"WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,"
Mr. Fagan moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Messrs. Chiles, Mattox and Griffin of Polk offered the
following amendment to House Joint Resolution No.
11-XX:
Strike out Sections 1, 2, and 3 and insert the following
in lieu thereof:
"Section 1. The house of representatives shall consist
of 109 members to be apportioned among the counties
as follows: The most populous county shall have seven
(7). The second most populous shall have five (5). The
next three most populous shall have four (4) representa-
tives. The next five most populous shall have three (3)
representatives. The next thirteen (13) most populous
counties shall have two (2) representatives. Each of the
remaining counties shall have one (1) representative.
"Section 2. Senate. The representatives of the Sen-
ate of the Florida Legislature shall consist of 38 dis-
tricts, with one member per district, to be divided equally
by population as nearly as possible."
Mr. Chiles 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:

Adams
Allsworth
Baker
Bennett
Boyd
Chiles
de la Parte
Nays:
Mr. Speaker
Anderson
Arrington
Ayers
Bass

Faircloth Knowles
Griffin,B.H.,Jr. Liles
Griffin,J.J.,Jr. Long
Hollahan Matthews
Holley Mattox
Karl McLaughlin
Karst Prescott

Beck
Bedenbaugh
Broxson
Carter
Chaires

Chappell
Cleveland
Craig
Crews
Daniel

Roberts, E.S.
Slade
Sweeny
Thomas, J.
Turlington
Wise

Davis
Ducker
Fagan
Fee
Guilford

56

November 20, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Putnal
Ramos
Roberts, C.A.
Rowell
Russ

Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Thomas,A.J.,Jr.

Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate

Yeas-27.
Nays-65.
The motion was not agreed to, and the amendment
was not adopted.
Mr. Fagan moved that the rules be waived and House
Joint Resolution No. 11-XX, as further amended, be read
the third time in full and placed upon its passage.
The motion was agreed to by a two-thirds vote, and
House Joint Resolution No. 11-XX, as further amended,
was read the 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. 11-XX.-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 election.
WHEREAS, the Legislature of the State of Florida has
determined that an emergency requiring an early decision
by the electors of the State exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,

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 a special called election as provided by Ar-
ticle XVII, Section 3 of the state Constitution.
That three-fourths of all members elected to each house
of the legislature does determine that an emergency re-
quiring an early decision by the electors of the state does
exist with reference to this amendment to Article VII of
the Constitution:
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
county hereafter created shall have one (1) member of
the house of representatives until the next apportionment
by the legislature, at which time such county shall be
allocated such representation as is provided for herein.
Any county hereafter created having a population in ex-
cess of two hundred thousand (200,000) at the time of its
creation shall have one (1) senator which shall be in
addition to the total number of senators otherwise pro-
vided for herein, and upon such happening the total num-
ber of senatorial districts otherwise provided for herein
shall be correspondingly increased by one (1).

57

Hasson
Hosford
Inman
Jones
Jordan
Lancaster
Land
Loeffler
Markham
Marshburn
McAlpin
McDonald

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 have one (1) representative. Each county shall have
one (1) additional representative for each representative
ratio or major fraction thereof. Any county having more
than four (4) representative ratios shall have one (1)
representative 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 decennial census by the number of coun-
ties; 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 legislature shall divide the
state into forty-five (45) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber, and in addition thereto, each district having a popu-
lation of more than twelve per cent (12%) of the total
population of the state according to the latest preceding
federal decennial census, shall have one (1) additional
member. 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) coun-
ties of the state with the view of effecting as equitable
representation as practical, with due regard for geograph-
ical area, economic interest and population feasibility;
provided, however, that until their terms of office expire at
the general election of November, 1964, any senator whose
district has been abolished shall continue to hold office
as senator for the county of his residence even though
by so doing the total number of members may exceed
forty-six (46).
No county shall be divided in creating a district, ex-
cept in a county having two (2) senators under the pre-
ceding paragraph the legislature may divide the county
into two (2) groups for qualifying purposes, with election
to be county-wide. No county shall be separated from the
remainder of the district of which it is a 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 a special election called for such pur-
pose, the legislature shall be apportioned according to
apportionment bills passed at the extraordinary session of
the legislature called by proclamation of the governor to
convene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 complet-
ing 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 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 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 first regular session
of the legislature after the next federal decennial census
and at the first regular session of the legislature after
each succeeding federal decennial census and such re-
apportionment shall be based upon the latest preceding
federal decennial census. In the event the legislature

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 1962

shall fail to reapportion the representation as required
by this article, the governor shall call the legislature to-
gether 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 reapportion-
ment.
Section 5. State census.-The legislature shall no
longer be required to provide for an enumeration of the
inhabitants of the state. The last preceding decennial
federal census beginning with the federal census of 1960
shall also be the state census and shall control in all
population acts and constitutional 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.
-the result was:
Yeas:

Mr. Speaker
Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Crews
Daniel
Nays:
Allsworth
Chiles
de la Parte
Ducker
Faircloth
Hollahan
Yeas-73.
Nays-22.

Davis
Pagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hosford
Inman
Jones
Jordan
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
McLaughlin

Holley
Karl
Knowles
Land
Liles
Loeffler

Miner
Mitchell, C.J.
Mitchell, R.O.
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Smith
Smoak

Long
Matthews
Nash
Pruitt
Roberts, E.S.
Russell, J.T.

Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, J.J.
Wingate
Wise

Slade
Thomas, J.
Williams, B.C.
Zacchini

So House Joint Resolution No. 11-XX, as further
amended, passed by the required Constitutional three-
fourths vote of all Members elected to the House of Rep-
resentatives, as required by Article XVII, Section 3, of the
Constitution of Florida, and was ordered immediately
certified to the Senate, after engrossment.
Mr. Chappell moved that the House now reconsider the
vote by which House Joint Resolution No. 11-XX, as
further 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. Chappell was given permission to withdraw his
pending motion that the vote by which Senate Bill No.
17-XX passed be reconsidered.
Mr. Chappell moved that the rules be waived and Senate
Bill No. 17-XX, as amended, be immediately certified to
the Senate.

The motion was agreed to by a two-thirds vote, and
Senate Bill No. 17-XX, as amended, was ordered im-
mediately certified to the Senate after engrossment.
INTRODUCTION OF GUESTS
The Speaker introduced the Honorable John B. Orr,
Jr., former Member of the House from Dade County.
Mr. Wingate introduced the Honorable T. H. (Tommy)
Askins, former Member of the House from Nassau County.
Mr. Chappell moved that the House now adjourn to re-
convene at 2:00 P. M. today.
The motion was agreed to.
Thereupon at the hour of 11:36 A. 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:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Matthews

Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott

Members were

Sims
Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

A quorum present.

COMMUNICATION
The following communication was received and read:

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE
November 20, 1962
TO THE HONORABLE MEMBERS OF THE SENATE
AND THE HOUSE OF REPRESENTATIVES:

Pursuant to the authority vested in me by Article IV,
Section 8, of the Constitution of the State of Florida, I
call to your attention the following legislative business not
included in my executive proclamation of November 7,
1962, which, however, I regard as being of an urgent
nature:

During the extraordinary session of the Legislature con-
vened on August 1, 1962, I brought to the attention of
the Senate and the House of Representatives the necessity
for an emergency advertising program for the citrus in-
dustry. That Legislature saw fit to enact legislation increas-
ing the citrus advertising tax for the purpose of making
funds available to finance an advertising-merchandising
program.

58

November 20, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

It has been made known to me that the citrus industry
continues to face grave problems in connection with the
marketing of the large citrus crop and that in order to
effectively utilize the funds previously provided in the
extraordinary session of August, 1962, and to augment
the advertising-merchandising program presently under-
way, supplemental legislation is needed.
In 1957, the Legislature passed House Bill No. 1237
(Chapter 57-332, Laws of Florida) providing for the ap-
pointment of a committee to advise and consult with the
Florida Citrus Commission concerning the regulation of
quality for frozen concentrated orange juice and to grant
to the Florida Citrus Commission certain powers involv-
ing these quality standards. This law was amended and
re-enacted in 1959 (Committee Substitute for Senate Bill
No. 19; Chapter 59-14, Laws of Florida.) I have been ad-
vised that in the regular session of the Legislature of
1961, this bill was inadvertently not re-enacted. Thus,
at the present time, this committee is not in existence and
in view of the anticipated magnitude of the 1962-63
citrus crop, the citrus industry feels that it is imperative
that such a committee be in existence. I have been ad-
vised that the proposed legislation concerning this matter
is essentially identical to the previous legislation.
It is also the belief of those in the citrus industry that
the enactment of this legislation will aid materially in the
industry's fight against the establishment of a federal
standard of identity for frozen concentrated orange juice.

I, therefore, call upon you to consider the passage of
this legislation which will allow the citrus industry to
continue to combat the above described conditions.
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, O'Neill
of Marion, Karst of Indian River, Adams of Highlands,
Bass of Hardee, Ayers of Hernando, Daniel of Lake, Boyd
and Knowles of Manatee, Land of Orange, and Cleveland
of Seminole.

H. B. No. 34-XX- A bill to be entitled An Act
to grant to the Florida citrus commission additional pow-
ers involving quality standards for frozen concentrated
orange juice over and above the minimum requirements
of section 601.0108 Florida Statutes 1961, and quality
standards for other citrus products over and above the
minimum requirements now fixed by law and provide for
the appointment of quality committees to advise and con-
sult with the Florida citrus commission involving such
additional powers and fixing their duties as members of
such committees, and to create and establish a concentrate
quality committee over frozen concentrated orange juice,
and to prescribe the qualifications, terms of office, and
manner of appointment of the members thereof; to grant
to the Florida citrus commission additional powers in-
volving quality standards for frozen concentrated orange
juice over and above the minimum requirements of section
601.0108 Florida Statutes of 1961, upon the recommenda-
tion and approval of said concentrate quality committee
and after a public hearing; and to provide for an effective
date.

-was read the first time by title.

Mr. Griffin of Polk moved that the rules be waived
and House Bill No. 34-XX be read a second time by title.

The motion was agreed to by a two-thirds vote and
House Bill No. 34-XX was read a second time by title.

59

Mr. Griffin of Polk moved that the rules be further
waived and House Bill No. 34-XX 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. 34-XX was read a third time in full.
When the vote was taken on the passage of the bill the
result was:
Yeas:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
Ducker
Fagan

Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Matthews
Mattox

McAlpin Smith
McDonald Smoak
McLaughlin Stallings
Miner Stevens
Mitchell, C.J. Stone
Nash Strickland
O'Neill Sweeny
Owens Thomas,A.J.,Jr.
Peeples Thomas, J.
Prescott Turlington
Pruitt Usina
Putnal Wadsworth
Ramos Walker
Roberts, C.A. Wells
Roberts, E.S. Westberry
Rowell Whitfield
Russ Williams, B.C.
Russell, C.E. Williams, J.J.
Russell, J.T. Wingate
Saunders, J.A. Wise
Saunders, S.D. Zacchini
Scott
Sims
Slade

Yeas-93.
Nays-None.
So the bill passed, title as stated, and was ordered im-
mediately certified to the Senate.
By Messrs. Roberts and Thomas of Palm Beach and
Allsworth and Long of Broward-
H. B. No. 35-XX- A bill to be entitled An Act
relating to public utilities; amending Section 366.02, Flor-
ida Statutes, defining "public utilities"; amending Sec-
tions 367.02 and 367.19, Florida Statutes; repealing Sec-
tions 367.13 and 367.14, Florida Statutes; replacing the
existing methods for adjusting rates of water and sewer
public utilities by the existing rate making procedures
for gas and electric utilities; providing that the one and
one half per cent (11/2%) gross receipts tax collections
from water and sewer public utilities be utilized for the
administration of the Florida water and sewer system
regulatory law; providing an effective date.
The speaker ruled that the introduction and considera-
tion of House Bill No. 35-XX would constitute Legislative
business other than that for which the Legislature was
especially convened.
Mr. Roberts of Palm Beach moved that this House de-
termine that it shall transact the Legislative business of
the introduction and consideration of House Bill No. 35-
XX.
A roll call was ordered.
When the vote was taken on the motion by Mr. Roberts
of Palm Beach, the result was:

Yeas:

Mr. Speaker
Adams
Allsworth
Baker
Bass
Bedenbaugh
Bennett
Daniel

Davis
de la Parte
Fagan
Faircloth
Griffin,J.J.,Jr.
Hasson
Hollahan
Karst

Lancaster
Liles
Long
Markham
Marshburn
Matthews
McDonald
Miner

Mitchell, C.J.
Prescott
Pruitt
Putnal
Ramos
Roberts, E.S.
Russ
Russell, J.T.

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 1962

Sims
Smoak
Stone
Nays:
Anderson
Arrington
Boyd
Broxson
Carter
Chiles
Cleveland
Craig
Crews
Fee
Yeas-42.

Thomas J. Walker
Turlington Wells
Wadsworth Wingate

Griffin,B.H.,Jr. Mattox
Guilford McAlpin
Holley McLaughlin
Hosford Mitchell, R.O.
Inman Nash
Jones O'Neill
Jordan Owens
Karl Roberts, C.A.
Knowles Russell, C.E.
Loeffler Scott

Zacchini

Slade
Smith
Stallings
Strickland
Sweeny
Thomas,A.J.,Jr.
Usina
Westberry
Williams, B.C.
Williams, J.J.

Nays-40.
The motion was not agreed to by the required Constitu-
tional two-thirds vote, and House Bill No. 35-XX was not
admitted for introduction and consideration by the House.

MR. MITCHELL OF LEON IN THE CHAIR.
By Messrs. Chappell and O'Neill of Marion-
H. B. No. 36-XX- 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, Florida Statutes; provid-
ing effective date.
-was read the first time by title.
Mr. Chappell moved that the rules be waived and House
Bill No. 36-XX be read a second time by title.
The motion was agreed to by a two-thirds vote and
House Bill No. 36-XX was read a second time by title.
Without objection, further consideration of House Bill
No. 36-XX was temporarily deferred.

THE SPEAKER IN THE CHAIR.
By Messrs. Chappell and O'Neill of Marion-
H. B. No. 37-XX- A bill to be entitled An Act
authorizing a special election to be held for the purpose of
ratifying a proposed constitutional amendment to Article
VII, adopted by the legislature in extraordinary session;
amending sections 100.141, 102.012(1), (7), 101.131, 101.53,
101.20, Florida Statutes, providing for notice of said elec-
tion; providing special primaries and special general elec-
tion to fill vacancies in the legislature created by the
adoption of said constitutional amendment, and providing
an effective date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.

ENGROSSING REPORTS
November 20, 1962
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 11-XX
-with amendments, reports the amendments have been in-
corporated in the measure and the same has been carefully
examined, correctly engrossed and is herewith returned.
IRMA LINN
Engrossing Clerk
-and House Joint Resolution No. 11-XX was ordered im-
mediately certified to the Senate.

November 20, 1962
Your Engrossing Clerk to whom was referred-
Senate Bill No 17-XX(62)
-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. 17-XX(62) with amendment, was or-
dered immediately certified to the Senate.
The Speaker announced the House would stand in in-
formal recess, subject to his call to order.
Thereupon at the hour of 3:16 P.M., the House stood in
informal recess.
The House reconvened at 4:30 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 95 Members present.
CONSIDERATION OF MESSAGES
FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida,
November 20, 1962
The Honorable Mallory E. Home
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 with amendment,
by the required Constitutional three-fourths vote of all
members elected to the Senate as required by Section 3,
Article XVII of the Constitution of Florida-
By Messrs. Karl of Volusia, Matthews of Dade, Holla-
han of Dade, Faircloth of Dade, Liles of Hillsborough,
Land of Orange, Zacchini of Hillsborough, de la Parte of
Hillsborough, Long of Broward, Russell of Pinellas, Loeff-
ler of Pinellas, Knowles of Manatee, Allsworth of Brow-
ard, Ducker of Orange and Roberts of Palm Beach-
H. J. R. No. 11-XX-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 election.
WHEREAS, the Legislature of the State of Florida has
determined that an emergency requiring an early decision
by the electors of the State exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,
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
a special called election as provided by Article XVII, Sec-
tion 3 of the state constitution.
That three-fourths of all members elected to each house
of the legislature does determine that an emergency re-
quiring an early decision by the electors of the state does

60

November 20, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

exist with reference to this amendment to Article VII
of the Constitution:
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 regu-
lar election year. Members of the senate and house of
representatives shall be elected as provided by law. Any
county hereafter created shall have one (1) member of
the house of representatives until the next apportionment
by the legislature, at which time such county shall be
allocated such representation as is provided for herein.
Any county hereafter created having a population in ex-
cess of two hundred thousand (200,000) at the time of its
creation shall have one (1) senator which shall be in addi-
tion to the total number of senators otherwise provided
for herein, and upon such happening the total number of
senatorial districts otherwise provided for herein shall be
correspondingly increased by one (1).
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
have one (1) representative. Each county shall have one
(1) additional representative for each representative ratio
or major fraction thereof. Any county having more than
four (4) representative ratios shall have one (1) 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 decennial 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 legislature shall divide the
state into forty-five (45) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber, and in addition thereto, each district having a pop-
ulation of more than twelve per cent (12%) of the total
population of the state according to the latest preceding
federal decennial census, shall have one (1) additional
member. Twenty-three (23) districts shall consist of the
twenty-three (23) most populous counties according to the
latest federal decennial census. Twenty-two (22) dis-
tricts shall be created from the remaining forty-four (44)
counties of the state with the view of effecting as equit-
able representation as practical, with due regard for
geographical area, economic interest and population
feasibility; provided, however, that until their terms of
office expire at the general election of November, 1964, any
senator whose district has been abolished shall continue
to hold office as senator for the county of his residence
even though by so doing the total number of members may
exceed forty-six (46).
No county shall be divided in creating a district, except
in a county having two (2) senators under the preceding
paragraph the legislature may divide the county into two
(2) groups for qualifying purposes, with election to be
county-wide. No county shall be separated from the re-
mainder of the district of which it is a 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 a special election called for such purpose, the
legislature shall be apportioned according to apportion-
ment bills passed at the extraordinary session of the

61

legislature called by proclamation of the governor to con-
vene on November 9, 1962, provided nothing in this amend-
ment 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 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 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 first regular session of
the legislature after the next federal decennial census and
at the first regular session of the legislature after each
succeeding federal decennial census and such reapportion-
ment shall be based upon the latest preceding federal
decennial census. In the event the legislature shall fail
to reapportion the representation as required by this ar-
ticle, the governor shall call the legislature together in
extraordinary session to consider the question of reap-
portionment, and such extraordinary session shall manda-
torily 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 federal de-
cennial census beginning with the federal census of 1960
shall also be the state census and shall control in all pop-
ulation 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.
Which amendment reads as follows:
In Section 2, page 2: Strike all of Section 2, lines 11
through 26 and insert in lieu thereof the following: Sec-
tion 2. 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; subject to the following limi-
tations and formula to wit: Each county shall have a
minimum of one (1) representative; each county shall have
one (1) additional representative for each one per cent
(1%), or fraction thereof above the first two per cent
(2%), based upon its total population ratio to the total
state population; provided, however, that in any apportion-
ment based on the 1960 federal decennial census any
county having a population in excess of forty thousand
(40,000) shall have an additional representative in addi-
tion to the one minimum specified herein. The house mem-
bership shall not be less than one hundred (100) and not
more than one hundred and sixty-six (166).
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.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 1962

Mr. Chappell moved that the House refuse to concur
in the Senate amendment to House Joint Resolution No.
11-XX and respectfully request the Senate to recede
therefrom.
The motion was agreed to and the House refused to
concur in the Senate amendment to House Joint Resolu-
tion No. 11-XX.
The action of the House, together with House Joint
Resolution No. 11-XX, and Senate amendment thereto,
was ordered certified to the Senate.
Mr. Chappell moved that the House stand in informal
recess for thirty minutes or until the House receives a
message from the Senate pertaining to House Joint Res-
olution No. 11-XX.
The motion was agreed to.
Thereupon, at the hour of 4:35 P. M., the House stood
in informal recess.
The House reconvened at 5:20 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 95 Members present.
CONSIDERATION OF MESSAGES FROM
THE SENATE
The following messages from the Senate were received
and read:
Tallahassee, Florida,
November 20, 1962
The Honorable Mallory E. Home
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has refused to recede from
Senate amendment to-
By Messrs. Karl of Volusia, Matthews of Dade, Holla-
han of Dade, Faircloth of Dade, Liles of Hillsborough,
Land of Orange, Zacchini of Hillsborough, de la Parte of
Hillsborough, Long of Broward, Russell of Pinellas, Loeff-
ler of Pinellas, Knowles of Manatee, Allsworth of Brow-
ard, Ducker of Orange and Roberts of Palm Beach-
H. J. R. No. 11-XX-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 election.
WHEREAS, the Legislature of the State of Florida has
determined that an emergency requiring an early decision
by the electors of the State exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
State of Florida at the earliest possible time, NOW,
THEREFORE,
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
a special called election as provided by Article XVII, Sec-
tion 3 of the state constitution.
That three-fourths of all members elected to each house
of the legislature does determine that an emergency re-

quiring an early decision by the electors of the state does
exist with reference to this amendment to Article VII
of the Constitution:
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 regu-
lar election year. Members of the senate and house of
representatives shall be elected as provided by law. Any
county hereafter created shall have one (1) member of
the house of representatives until the next apportionment
by the legislature, at which time such county shall be
allocated such representation as is provided for herein.
Any county hereafter created having a population in ex-
cess of two hundred thousand (200,000) at the time of its
creation shall have one (1) senator which shall be in addi-
tion to the total number of senators otherwise provided
for herein, and upon such happening the total number of
senatorial districts otherwise provided for herein shall be
correspondingly increased by one (1).
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
have one (1) representative. Each county shall have one
(1) additional representative for each representative ratio
or major fraction thereof. Any county having more than
four (4) representative ratios shall have one (1) 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 decennial 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 legislature shall divide the
state into forty-five (45) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber, and in addition thereto, each district having a pop-
ulation of more than twelve per cent (12%) of the total
population of the state according to the latest preceding
federal decennial census, shall have one (1) additional
member. Twenty-three (23) districts shall consist of the
twenty-three (23) most populous counties according to the
latest federal decennial census. Twenty-two (22) dis-
tricts shall be created from the remaining forty-four (44)
counties of the state with the view of effecting as equit-
able representation as practical, with due regard for
geographical area, economic interest and population
feasibility; provided, however, that until their terms of
office expire at the general election of November, 1964, any
senator whose district has been abolished shall continue
to hold office as senator for the county of his residence
even though by so doing the total number of members may
exceed forty-six (46).
No county shall be divided in creating a district, except
in a county having two (2) senators under the preceding
paragraph the legislature may divide the county into two
(2) groups for qualifying purposes, with election to be
county-wide. No county shall be separated from the re-
mainder of the district of which it is a 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 a special election called for such purpose, the
legislature shall be apportioned according to apportion-
ment bills passed at the extraordinary session of the

62

November 20, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

legislature called by proclamation of the governor to con-
vene on November 9, 1962, provided nothing in this amend-
ment 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 legis-
lative offices herein created shall be filled by and 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 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 first regular session of
the legislature after the next federal decennial census and
at the first regular session of the legislature after each
succeeding federal decennial census and such reapportion-
ment shall be based upon the latest preceding federal
decennial census. In the event the legislature shall fail
to reapportion the representation as required by this ar-
ticle, the governor shall call the legislature together in
extraordinary session to consider the question of reap-
portionment, and such extraordinary session shall manda-
torily 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 federal de-
cennial census beginning with the federal census of 1960
shall also be the state census and shall control in all pop-
ulation 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.
Which Senate amendment reads as follows:
In Section 2, page 2: Strike all of Section 2, lines 11
through 26 and insert in lieu thereof the following: Sec-
tion 2. 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; subject to the following limi-
tations and formula to wit: Each county shall have a mini-
mum of one (1) representative; each county shall have
one (1) additional representative for each one per cent
(1%), or fraction thereof above the first two per cent
(2%), based upon its total population ratio to the total
state population; provided, however, that in any appor-
tionment based on the 1960 federal decennial census any
county having a population in excess of forty thousand
(40,000) shall have an additional representative in addi-
tion to the one minimum specified herein. The house mem-
bership shall not be less than one hundred (100) and not
more than one hundred and sixty-six (166).
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.
-and respectfully requests the Speaker of the House of
Representatives to appoint a Conference Committee of
three members on the part of the House of Representatives
to confer with a like Committee to be appointed by the
President of the Senate on the part of the Senate to

adjust the differences existing between the two bodies
on Senate amendment to H. J. R. No. 11-XX.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate
Mr. Chappell moved that the request of the Senate be
granted and the Speaker appoint a conference commit-
tee on the part of the House to serve with a like com-
mittee on the part of the Senate to be appointed by
the President of the Senate to adjust the differences
existing between the two bodies on the Senate amend-
ment to House Joint Resolution No. 11-XX.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Chappell
of Marion, Daniel of Lake and Lancaster of Gilchrist
as the conference committee on the part of the House.
The action of the House was ordered certified to the
Senate.
Tallahassee, Florida,
November 20, 1962
The Honorable Mallory E. Horne
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 Senators Johnson (6th) and Williams (4th)-
S. B. No. 17-XX(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-five (45) districts: amending section 10.01, adding
section 10.04, Florida Statutes; providing for an election;
providing for filling vacancies; providing effective date.
Which amendment reads as follows:
In Section 1, Sub-section 2, Page 2, following the words
"Ninth district-" strike out "Hernando county and Sum-
ter county" and insert the following in lieu thereof: "Her-
nando county, Citrus county and Sumter county"
In Section 1, Sub-section 2, Page 3, following the words
"Twenty-first district-" strike out: "Dixie county, Levy
county, Gilchrist county and Citrus county" and insert
the following in lieu thereof: "Dixie county, Levy county
and Gilchrist county."
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Mr. Chappell moved that the House adjourn to recon-
vene at 6:15 P. M. today.
Pending consideration thereof-
Mr. Boyd offered a substitute motion that the House
stand in informal recess until the report of the Conference
Committee on the Senate amendment to House Joint Reso-
lution No. 11-XX is received.
A roll call was ordered.
When the vote was taken on the substitute motion the
result was:
Yeas:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers

Baker
Bass
Bedenbaugh
Bennett
Boyd
Broxson

Carter
Chaires
Chappell
Chiles
Cleveland
Craig

Daniel
Davis
de la Parte
Ducker
Faircloth
Fee

63

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20, 1962

Griffin,B.H.,Jr. Loeffler
Griffin,J.J.,Jr. Long
Guilford Markham
Hasson Marshburn
Hollahan Matthews
Holley Mattox
Inman McAlpin
Jones McDonald
Jordan McLaughlin
Karl Miner
Karst Mitchell, C.J.
Knowles Mitchell, R.O.
Lancaster Nash
Land Owens
Liles Peeples
Nays:

Beck
Fagan
Roberts, C.A.
Yeas-82.
Nays-9.

Prescott
Pruitt
Ramos
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Scott
Sims
Slade
Stallings
Stevens
Stone

Saunders, S.D. Turlington
Smith Williams, B.C.
Smoak

Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Wingate
Wise
Zacchini

Williams, J.J.

The substitute motion was agreed to.
Thereupon, at the hour of 5:26 P. M., the House stood
in informal recess.
The House reconvened at 7:45 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 95 Members present.
CONSIDERATION OF MESSAGES FROM THE
SENATE
The following message from the Senate was received
and read.
Tallahassee, Florida,
November 20, 1962
The Honorable Mallory E. Horne
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has appointed Senators
Johnson of the 6th, Mathews of the 18th and Price of the
36th on the part of the Senate to confer with the com-
mittee appointed by the Speaker of the House of Repre-
sentatives on the part of the House to adjust the differ-
ences existing between the two bodies on the Senate
amendment to-
By Messrs. Karl of Volusia, Matthews, Hollahan, and
Faircloth of Dade, Liles, Zacchini, and de la Parte of
Hillsborough, Land and Ducker of Orange, Long and Alls-
worth of Broward, Russell and Loeffler of Pinellas,
Knowles of Manatee, and Roberts of Palm Beach-
H. J. R. No. 11-XX-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 election.
which Senate amendment reads as follows:
In Section 2, page 2: Strike all of Section 2, lines 11
through 26 and insert in lieu thereof the following: Sec-
tion 2. House of representatives.-Representation in the
house of representatives of the Florida legislature shall
be apportioned among the several counties of the state ac-
cording 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; subject to the following limitations and
formula to wit: Each county shall have a minimum of one
(1) representative; each county shall have one (1) addi-
tional representative for each one per cent (1%), or
fraction thereof above the first two per cent (2%), based
upon its total population ratio to the total state popula-

tion; provided, however, that in any apportionment based
on the 1960 federal decennial census any county having
a population in excess of forty thousand (40,000) shall
have an additional representative in addition to the one
minimum specified herein. The house membership shall
not be less than one hundred (100) and not more than
one hundred and sixty-six (166).
The 1963 house of representatives shall be composed of
the representatives elected pursuant to the Constitution
of 1885, as amended, and of the additional representa-
tives as provided for herein.
Very respectfully
ROBT. W. DAVIS,
Secretary of the Senate.
Mr. Sweeny moved that the House stand in informal
recess until 8:25 P. M. today.
Pending consideration thereof-
Mr. Saunders of Clay offered a substitute motion that
the House now adjourn to reconvene at 9:00 A. M. tomor-
row.
The substitute motion was not agreed to.
The question recurred on the motion by Mr. Sweeny
that the House stand in informal recess until 8:25
P. M. today.
The motion was agreed to.
Thereupon, at the hour of 7:51 P.M., the House stood
in informal recess.
The House reconvened at 8:25 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 95 Members present.
REPORT OF THE CONFERENCE COMMITTEE ON
THE SENATE AMENDMENT TO HOUSE JOINT RE-
SOLUTION NO. 11-XX
November 20, 1962
The Honorable Wilson Carraway
President of the Senate
Tallahassee, Florida
The Honorable Mallory E. Home
Speaker of the House of Representatives.
Tallahassee, Florida
Sirs:
Your Conference Committee respectfully reports that
it is unable to agree on any compromise of their differ-
ences.
Respectfully submitted,
Dewey M. Johnson (6th)
Ed H. Price, Jr.
John E. Mathews, Jr.
Conferees on the part of the Senate
William V. Chappell, Jr.
Welborn Daniel
H. E. Lancaster
Conferees on the part of the House of
Representatives
Mr. Sweeny moved that the foregoing report be accepted
and the committee on the part of the House be dis-
charged.
The motion was agreed to, and it was so ordered.
Mr. Chappell 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 8:29 P. M., the House stood
adjourned until 9:30 A. M. tomorrow.

64

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Wednesday, November 21, 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:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte

Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffln,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Marshburn

Matthews Scott
Mattox Sims
McAlpin Slade
McDonald Smith
McLaughlin Smoak
Miner Stallings
Mitchell, C. J. Stevens
Mitchell, R. 0. Stone
Nash Strickland
O'Neill Thomas,A.J.,Jr.
Owens Thomas, J.
Peeples Turlington
Prescott Usina
Putnal Wadsworth
Ramos Walker
Roberts, C. A. Wells
Roberts, E. S. Westberry
Rowell Whitfield
Russ Williams, B.C.
Russell, C.E. Williams, J. J.
Russell, J.T. Wingate
Saunders, J. A. Wise
Saunders, S. D. Zacchini

Excused: Messrs. Sweeny, Markham, and Pruitt.
A quorum present.
The following prayer was offered by the Reverend
George L. Starke, Associate to Dr. C. A. Roberts, Chap-
lain:
Dear Lord, our calendars tell us of a day of Thanks-
giving to be observed tomorrow. May we be thankful men
today in a world which must be reminded. In Thy name we
pray, amen.
CORRECTION OF THE JOURNAL
The Journal for Tuesday, November 20, 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. Williams of Gulf-
H. B. No. 38-XX- 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-nine (49) districts; amending section 10.01, Florida
Statutes; providing effective date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Messrs. Karl of Volusia and Mitchell of Leon-
H. J. R. No. 39-XX-A joint resolution proposing an
amendment to Section 3, Article VII of the Constitution
of the State of Florida, providing for apportionment of
the Florida Legislature.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment of Section 3, Article
VII of the Constitution of Florida is agreed to and shall
be submitted to the electors of this state for ratification
65

or rejection at a special called election as provided by
Article XVII, Section 3 of the Florida Constitution; that
three-fourths (3/4) of all members elected to each house
of the legislature does determine that an emergency re-
quiring an early decision by the electors of the state does
exist with reference to this amendment to Article VII of
the Constitution:
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 house of representa-
tives.-The legislature shall apportion the house of repre-
sentatives and shall provide for ninety-five (95) members
apportioned among the counties of the state at the time
of such apportionment in a manner that will provide one
(1) representative for each county with the remaining
representatives being apportioned among the counties on
the basis of representative ratios, provided that no county
shall have more than five (5) members of the house of
representatives.
Section 3. Senate.-The representation in the senate
of the Florida legislature shall consist of thirty-eight
(38) members, each representing a district. The legisla-
ture shall provide for thirty-eight (38) senatorial districts
to be as nearly equal in population as practicable, with
the view of effecting an equitable representation.
Section 4. Legislative apportionment.-If this article
is ratified, the legislature that shall meet in regular ses-
sion A.D. 1963, and those that shall meet every ten (10)
years thereafter, shall, based upon the preceding latest
federal decennial census, apportion the representation in
the senate, and shall provide for thirty-eight (38) sen-
atorial districts, such districts to be as nearly equal in
population as practicable and each district shall have one
(1) senator; and, at the same time, the legislature shall
also apportion the representation in the house of repre-
sentatives, and shall allow one (1) representative for each
county with the remaining representatives being appor-
tioned among the counties on the basis of representative
ratios, with one (1) representative for each whole repre-
sentative ratio. Any remaining representatives shall be
allocated one (1) to a county with priority given to the
county having the highest unused fraction of a repre-
sentative ratio and descending to the county having the
next highest unused fraction of a representative ratio un-
til all representatives are allocated; provided that no
county shall have more than five (5) members of the
house of representatives.
In the event the legislature shall fail to reapportion
the representation as required by this article, a reappor-

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 21, 1962

tionment commission composed of the governor, the
speaker of the house, the president of the senate, the at-
torney general, secretary of state, superintendent of public
instruction, comptroller, state treasurer, and the commis-
sioner of agriculture shall meet within sixty (60) days
following the adjournment of the legislature failing to
reapportion as aforesaid. The governor shall preside over
the commission and the commission shall not adjourn until
agreement has been reached by a majority of the mem-
bers of the commission. The commission shall apportion
the legislature and upon such plan being filed in the office
of the secretary of state it shall become a law.
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 decennial cen-
sus of 1960 shall also be the state census unless otherwise
ordered by the legislature and shall control in all popu-
lation acts and constitutional apportionments.
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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Crews of Baker-
H. J. R. No. 40-XX-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.
WHEREAS, the Legislature of the state of Florida has
determined that an emergency requiring an early deci-
sion by the electors of the state exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the electors of the
state of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special emergency election to be held for such pur-
pose.
That three-fourths (3/4) of all members elected to each
house of the Legislature does determine that an emer-
gency requiring an early decision by the electors of the
state does exist with reference to this amendment to
Article VII of the Constitution.
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 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 (1) representative. Each county
shall have one (1) additional representative for each
representative ratio or major fraction thereof. Any county
having more than four (4) representative ratios shall
have two (2) representatives 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 decennial census by the
number of counties; provided that until the general elec-
tion 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 legislature shall divide the
state into forty-five (45) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber, and in addition thereto, each district having a popu-
lation of more than twelve per cent (12%) of the total
population of the state according to the latest preceding
federal decennial census, shall have one (1) additional
member. Twenty-three (23) districts shall consist of the
twenty-three (23) most populous counties according to
the latest federal decennial census; twenty-two (22) dis-
tricts shall be created from the remaining forty-four (44)
counties of the state with the view of effecting as equi-
table representation as practical, with due regard for
geographical area, economic interest and population feas-
ibility; provided, however, that until their term of office
expires at the general election of November 1964, sena-
tors whose districts have been abolished shall continue to
hold office as senator for the county of his residence even
though by so doing the total number of members may
exceed forty-six (46).
No county shall be divided in creating a district, except
in a county having two (2) senators under the preceding
paragraph the legislature may divide the county into two
(2) groups for qualifying purposes, with election to be
county-wide. No county shall be separated from the re-
mainder of the district of which it is part by more than
a county which was formerly a part of the same district
in 1961.
Secn 4 Lstion 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 a special election called pursuant
to Article XVII, section 3 of the state constitution, the
legislature shall be apportioned according to apportion-
ment bills passed at the extraordinary session of the legis-
lature convened on November 9, 1962, 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 complet-
ing 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. 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 gov-
ernor shall call the legislature together in extraordinary

66

November 21, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

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
inhabitants 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Turlington of Alachua and Knowles of
Manatee-
H. J. R. No. 41-XX-A Joint Resolution proposing an
amendment to Sections 1, 2, 3 and 4 of Article VII of
the Constitution of the State of Florida; providing for
apportionment of the Florida Legislature; providing
for elections.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment to Sections 1, 2, 3 and 4
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 an election to be held for such
purpose.
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 dis-
trict as determined by the legislature.
Section 2. Representation in the house of representa-
tives.-The House of Representatives shall consist of one
hundred and six (106) members to be apportioned among
the counties as follows: The most populous county shall
have six (6) representatives. The second most populous
county shall have five (5) representatives. The next three
most populous counties shall each have four (4) rep-
resentatives. The next five most populous counties shall
each have three (3) representatives. The next eleven most
populous counties shall each have two (2) representatives.
Each of the remaining counties shall have one (1) rep-
resentative. Provided, however, the first House of Rep-
resentatives convening in regular session following the
ratification of this amendment, shall consist of those
representatives elected pursuant to the Constitution of
1885, as amended, and of such additional representatives
as may be provided for herein when duly elected.
Section 3. Senate.-The representation of the senate
in the Florida legislature shall consist of thirty-eight (38)
members, as provided by law.

Section 4. The legislature shall reapportion the rep-
resentation of the house and senate at the 1971 regular
session of the legislature and every ten (10) years there-
after based upon the preceding latest federal decennial
census.
Section 5. 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
Mr. Turlington moved that the rules be waived and
House Joint Resolution No. 41-XX be withdrawn from the
Select Committee on Constitutional Amendments & Ap-
portionment and placed on the Calendar.
The motion was agreed to by a two-thirds vote, and
House Joint Resolution No. 41-XX was ordered withdrawn
from the Select Committee on Constitutional Amendments
& Apportionment and placed on the Calendar.
Mr. Turlington moved that the rules be further waived
and House Joint Resolution No. 41-XX be read a second
time in full.
The motion was agreed to by a two-thirds vote, and
House Joint Resolution No. 41-XX was read a second time
in full.
Mr. Turlington moved that the House stand in informal
recess until 10:40 A.M. today.
The motion was agreed to.
Thereupon, at the hour of 9:45 A.M., the House stood
in informal recess.
The House reconvened at 10:40 A.M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 89 Members present.
CONTINUATION OF CONSIDERATION OF
HOUSE JOINT RESOLUTION NO. 41-XX
H. J. R. No. 41-XX-A joint resolution proposing an
amendment to Sections 1, 2, 3 and 4 of Article VII of
the Constitution of the State of Florida; providing for
apportionment of the Florida Legislature; providing
for elections.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment to Sections 1, 2, 3 and 4
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 an election to be held for such
purpose.
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 mem-
bers 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 No-
vember 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 rep-
resentatives in excess of any limit prescribed in the fol-
lowing sections of this article until the next reapportion-

67

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 21, 1962

ment 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.-The House of Representatives shall consist of one
hundred and six (106) members to be apportioned among
the counties as follows: The most populous county shall
have six (6) representatives. The second most populous
county shall have five (5) representatives. The next three
most populous counties shall each have four (4) represen-
tatives. The next five most populous counties shall each
have three (3) representatives. The next eleven most pop-
ulous counties shall each have two (2) representatives.
Each of the remaining counties shall have one (1) repre-
sentative. Provided, however, the first House of Repre-
sentatives convening in regular session following the
ratification of this amendment, shall consist of those
representatives elected pursuant to the Constitution of
1885, as amended, and of such additional representatives
as may be provided for herein when duly elected.
Section 3. Senate.-The representation of the senate
in the Florida legislature shall consist of thirty-eight
(38) members, as provided by law.
Section 4. The legislature shall reapportion the repre-
sentation of the house and senate at the 1971 regular ses-
sion of the legislature and every ten (10) years there-
after based upon the preceding latest federal decennial
census.
Section 5. 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.
-was taken up, having been read the second time
earlier today.
Mr. O'Neill of Marion offered the following amendment
to House Joint Resolution No. 41-XX:
In Section 2, strike out: Entire Section and insert the
following in lieu thereof: "The legislature shall ap-
portion the representation in the house of representatives
among the several counties of the state as follows: Seven
(7) representatives to the most populous county; five (5)
representatives to the next most populous county; four
(4) representatives to each of the next two (2) most
populous counties; three (3) representatives to each of
the next two (2) most populous counties; two (2) rep-
resentatives to each of the next eight (8) most populous
counties; and one (1) representative to each of the re-
maining counties of the state at the time of such appor-
tionment."
Mr. O'Neill moved the adoption of the amendment.
Pending consideration thereof-
Messrs. Inman and Arrington of Gadsden offered the
following substitute amendment to House Joint Resolu-
tion No. 41-XX:
In Section 2, strike out the entire section and insert
the following in lieu thereof:
"Section 2. Representation in the house of represen-
tatives.-The House of Representatives shall consist of
109 members to be apportioned among the counties as
follows: The most populous county shall have seven (7)
representatives. The second most populous county shall
have five (5) representatives. The next three (3) most
populous counties shall have four (4) representatives
each. The next five most populous counties shall have
three (3) representatives each. The next thirteen (13)
most populous counties shall have two (2) representatives
each. Each of the remaining counties shall have one (1)
representative-provided, however, that until the general
election in 1964 no county shall have fewer representa-
tives 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 agreed to and the substitute amendment
was adopted.
Mr. Fagan of Alachua offered the following amendment
to House Joint Resolution No. 41-XX:
In the paragraph immediately following the resolving
clause, following the words "ratification or rejection"
place a period and strike the remainder of the paragraph.
Mr. Fagan moved the adoption of the amendment.
The motion was agreed to, and the amendment was
adopted.
Mr. Fagan of Alachua offered the following amendment
to House Joint Resolution No. 41-XX:
In the title, following the words "the Florida Legisla-
ture; Providing for" strike out "elections" and insert the
following in lieu thereof: "submission to the electors."
Mr. Fagan moved the adoption of the amendment.
The motion was agreed to, and the amendment was
adopted.
Mr. Karl of Volusia offered the following amendment to
House Joint Resolution No. 41-XX:
In Sections 3 and 4, strike out all of Sections 3 and 4
and insert the following in lieu thereof: "Section 3.
Senate.-The representation in the senate of the Florida
Legislature shall consist of thirty-eight (38) members,
each representing a district. The legislature shall pro-
vide for thirty-eight (38) senatorial districts to be as
nearly equal in population as practicable, with the view
of effecting an equitable representation.
"Section 4. Legislative apportionment.-If this article
is ratified, the legislature shall meet in regular session
A.D. 1963, and those that shall meet every ten (10) years
thereafter, shall, based upon the preceding latest federal
decennial census, apportion the representation of the
senate, and shall provide for thirty-eight senatorial dis-
tricts, such districts to be as nearly equal in population
as practicable and each district shall have (1) senator;
and at the same time, the legislature shall also apportion
the representation in the house of representatives pur-
suant to section 2 above.
"In the event the legislature shall fail to reapportion
the representation as required by this article, a reappor-
tionment commission composed of the governor, the
speaker of the house, the president of the senate, the
attorney general, the secretary of state, superintendent
of public instruction, comptroller, state treasurer, and
the commissioner of agriculture shall meet within sixty
(60) days following the adjournment of the legislature
failing to reapportion as aforesaid. The governor shall
preside over the commission and the commission shall
not adjourn until agreement has been reached by a ma-
jority of the members of the commission. The commission
shall apportion the legislature and upon such plan being
filed in the office of the secretary of state it shall become
a law."
Mr. Karl moved the adoption of the amendment.
Pending consideration thereof-
Messrs. Liles, Zacchini and de la Parte of Hillsborough
offered the following amendment to House Joint Resolu-
tion No. 41-XX:
In Sections 3, 4 and 5, page 2 strike out entire Sections
3, 4 and 5 and insert the following in lieu thereof: "Sec-
tion 3. Senate.-The representation of the senate in the
Florida legislature shall consist of forty-six (46) mem-

68

November 21, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

bers to be elected by districts and to be apportioned as
follows:
"Twenty-four (24) of the districts shall be allocated
on the basis of population to the ten (10) most populous
counties, provided that each of these counties shall have
at least one (1) district and none of the ten (10) most
populous counties may be combined with any other county
in creating any senatorial district.
"Twenty-two (22) of the members shall be elected by
districts comprising the remaining counties. Such dis-
tricts shall be based on population provided that no dis-
trict shall comprise more than four (4) counties and no
county may be divided, and counties within each district
shall be contiguous.
"Section 4. Legislative apportionment.-The 1963 leg-
islature 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 a special election called for such purpose,
the legislature shall be apportioned according to the ap-
portionment bills passed at the Extraordinary Session
of the Legislature called by proclamation of the Governor
to convene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 com-
pleting his term to which he was elected and the addi-
tional 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 ef-
fective 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.
"Section 5. The legislature shall reapportion the rep-
resentation of the house and senate at the 1971 regular
session of the legislature and every ten (10) years there-
after based upon the preceding latest federal decennial
census."
Mr. Liles moved the adoption of the substitute amend-
ment.
The motion was not agreed to and the substitute amend-
ment was not adopted.
The question recurred on the adoption of the amend-
ment.
The motion was not agreed to, and the amendment was
not adopted.
Mr. Turlington moved that the rules be further waived
and House Joint Resolution No. 41-XX, 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. 41-XX, 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. 41-XX-A Joint Resolution proposing an
amendment to Sections 1, 2, 3 and 4 of Article VII of
the Constitution of the State of Florida; providing for
apportionment of the Florida Legislature; providing
for submission to the electors.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment to Sections 1, 2, 3 and
4 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.

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 house of representa-
tives.-The House of Representatives shall consist of 109
members to be apportioned among the counties as follows:
The most populous county shall have seven (7) repre-
sentatives. The second most populous county shall have
five (5) representatives. The next three (3) most populous
counties shall have four (4) representatives each. The
next five most populous counties shall have three (3)
representatives each. The next thirteen (13) most pop-
ulous counties shall have two (2) representatives each.
Each of the remaining counties shall have one (1) repre-
sentative-provided, however, that until the general elec-
tion 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 of the senate
in the Florida legislature shall consist of thirty-eight (38)
members, as provided by law.
Section 4. The legislature shall reapportion the repre-
sentation of the house and senate at the 1971 regular ses-
sion of the legislature and every ten (10) years thereafter
based upon the preceding latest federal decennial census.
Section 5. 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:
Mr. Speaker
Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Nays:
Allsworth
de la Parte
Ducker
Faircloth
Hasson
Yeas-74.
Nays-17.

Daniel
Davis
Fagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Holley
Hosford
Inman
Jones
Karst
Knowles
Lancaster
Marshburn
Mattox
McAlpin
McDonald
McLaughlin

Hollahan
Jordan
Karl
Land
Liles

Miner
Mitchell, C. J.
Mitchell, R. O.
Nash
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C. A.
Rowell
Russ
Russell, C.E.
Saunders, J. A.
Saunders, S. D.
Scott
Sims
Slade

Loeffler
Long
Matthews
Roberts, E. S.
Russell, J.T.

Smith
Smoak
Stallings
Stevens
Stone
Strickland
Thomas,A.J.,Jr.
Turlington
Usina
Wadsworth
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J. J.
Wingate
Wise

Thomas, J.
Zacchini

69

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 21, 1962

So House Joint Resolution No. 41-XX, as amended,
passed by the required Constitutional three-fifths vote of
all Members elected to the House of Representatives as
required by Article XVII, Section 1, of the Constitution
of Florida, and was ordered immediately certified to the
Senate after engrossment.
Mr. O'Neill 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, and it was so ordered.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Messrs. Horne and Mitchell of Leon, Chappell and
O'Neill of Marion, Fagan and Turlington of Alachua,
Jones of Bay, Thomas of Bradford, Allsworth of Broward,
Guilford of Calhoun, Smoak of Charlotte, Strickland of
Citrus, Saunders of Clay, Walker of Collier, Bedenbaugh
of Columbia, Hollahan, Matthews and Faircloth of Dade,
Smith of DeSoto, Chaires of Dixie, Stallings, Slade and
Westberry of Duval, Stone and Wells of Escambia, Wads-
worth of Flagler, Nash of Franklin, Arrington and Inman
of Gadsden, Lancaster of Gilchrist, Peeples of Glades,
Williams of Gulf, McAlpin of Hamilton, Bass of Hardee,
Miner of Hendry, Ayers of Hernando, Adams of High-
lands, Liles, de la Parte and Zacchini of Hillsborough,
Williams of Holmes, Karst of Indian River, Sims and
Mitchell of Jackson, Anderson of Jefferson, Putnal of La-
fayette, Daniel and Baker of Lake, Scott of Lee, Marsh-
burn of Levy, Hosford of Liberty, Russell of Madison,
Boyd and Knowles of Manatee, Owens of Martin, Ramos
and Saunders of Monroe, Wingate of Nassau, McLaugh-
lin and Wise of Okaloosa, Land and Ducker of Orange,
Griffin of Osceola, Thomas and Roberts of Palm Beach,
Stevens of Pasco, Russell, Holley and Loeffler of Pinellas,
Chiles, Mattox and Griffin of Polk, Beck of Putnam, Usina
and Craig of St. Johns, Fee of St. Lucie, Broxson of Santa
Rosa, Hasson and Jordan of Sarasota, Cleveland and Davis
of Seminole, Rowell of Sumter, McDonald of Suwannee,
Whitfield of Taylor, Roberts of Union, Karl of Volusia,
Russ of Wakulla, Prescott of Walton, Carter of Washing-
ton, and Crews of Baker-
H. R. No. 42-XX-A resolution commending Honorable
Broward Williams for his services to the State of
Florida.
WHEREAS, Honorable Broward Williams has submitted
his resignation to Honorable J. Edwin Larson, State
Treasurer, to take effect on January 1, 1963, and
WHEREAS, he has for the past twenty-two years served
in the capacity as first administration assistant in the
Treasurer's office with distinction, having had direct
supervision of the preparation of the Florida Insurance
Code, which has been considered by many in the insurance
field as the finest code ever enacted in one package by a
state legislature, and
WHEREAS, he has been most active as the liaison offi-
cer representing the state treasury in promoting traffic
safety in the state of Florida, and
WHEREAS, he has been closely associated with the
legislature in giving assistance and leadership from the
executive departments whenever called upon, and
WHEREAS, his resignation brings to a close a most
outstanding and efficient term of long service in behalf
of the state of Florida, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:
That we do extend to Mr. Broward Williams our sincere

best wishes as he continues his career and applies his
abilities of leadership in his new position as Executive
Director of the Association of Insurance Companies.
That we do express herein our deep appreciation for the
many courtesies which he has shown to members of the
legislature, and for the many helpful suggestions he has
given through the years in promoting worthwhile and
constructive legislation.
That we do hereby wish him all success in his new
venture.
-was read the first time by title.
Mr. O'Neill moved that House Resolution No. 42-XX be
read the second time in full.
The motion was agreed to, and House Resolution No.
42-XX was read the second time in full.
Mr. O'Neill moved the adoption of the resolution.
The motion was agreed to, and House Resolution No.
42-XX was adopted.
By Mr. Wise of Okaloosa-
H. C. R. No. 43-XX.-A Concurrent Resolution providing
for a recess of the Legislature of the State of Florida
until Monday, November 26, 1962, at 2:30 P. M.
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That upon adjournment of both houses of the legisla-
ture of the state of Florida today, November 21, 1962,
the legislature shall be in recess and shall reconvene at
2:30 P. M. on Monday, November 26, 1962.
-was read the first time in full and ordered placed on
the Calendar by waiver of the rule.
ENGROSSING REPORT
November 21, 1962
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 41-XX-with amendments,
reports the amendments have been incorporated in the
measure and the same has been carefully examined, cor-
rectly engrossed and is herewith returned.
IRMA LINN
Engrossing Clerk
-and House Joint Resolution No. 41-XX was ordered
immediately certified to the Senate.
Mr. Chappell moved that the House stand in informal
recess subject to the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 11:11 A. M., the House stood
in informal recess.
AFTERNOON SESSION
The House reconvened at 3:00 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken and the following Members were
recorded present:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass

Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell

Chiles
Cleveland
Crews
Daniel
Davis
de la Parte
Ducker
Fagan

Faircloth
"Fee
Griffin,B.H.,Jr.
Grifin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley

70

November 21, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

McDonald
McLaughlin
Miner
Mitchell, C. J.
Mitchell, R. O.
Nash
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C. A.
Roberts, E. S.
Rowell

Russ
Russell, C.E.
Russell, J.T.
Saunders, J. A.
Saunders, S. D.
Scott
Sims
Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Thomas,A.J.,Jr.

Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J. J.
Wise
Zacchini

A quorum present.
CONTINUATION OF INTRODUCTION AND REFER-
ENCE OF HOUSE BILLS, JOINT RESOLUTIONS,
HOUSE RESOLUTIONS, CONCURRENT RESOLUTIONS
AND MEMORIALS
By Messrs. Horne and Mitchell of Leon-
H. B. No. 44-XX- A bill to be entitled An Act
relating to the compensation of per diem subsistence and
mileage of legislators during any regular, special or
extraordinary session of the legislature of the state of
Florida; providing effective date.
The Speaker ruled that the introduction and considera-
tion of House Bill No. 44-XX would constitute Legislative
business other than that for which the Legislature was
especially convened.
Mr. Mitchell of Leon moved that this House determine
that it shall transact the Legislative business of the in-
troduction and consideration of House Bill No. 44-XX.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 44-XX was admitted
for introduction and consideration by the House.
And House Bill No. 44-XX was read the first time by
title.
Mr. Mitchell of Leon was given unanimous consent to
now consider House Bill No. 44-XX.
Mr. Mitchell of Leon moved that the rules be waived
and House Bill No. 44-XX be read a second time by title.
The motion was agreed to by a two-thirds vote and
House Bill No. 44-XX was read a second time by title.
Mr. Mitchell of Leon moved that the rules be further
waived and House Bill No. 44-XX be read a third time
in full and placed upon its passage.
The motion was agreed to by a two-thirds vote and
House Bill No. 44-XX was read a third time in full.

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

Yeas:

Davis
de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Jones
Jordan
Karl
Karst

Knowles
Lancaster
Land
Liles
Loeffler
Long
Marshburn
Matthews
Mattox
McAlpin
McDonald
McLaughlin
Mitchell, C. J.
Mitchell, R. O.
Nash
O'Neill
Owens

Peeples
Prescott
Putnal
Ramos
Roberts, C. A.
Roberts, E. S.
Rowell
Russ
Russell, CE.
Russell, J.T.
Saunders, J. A.
Saunders, S. D.
Scott
Sims
Slade
Smith
Smoak

Stallings
Stevens
Stone
Strickland

Thomas,A.J.,Jr. Wadsworth
Thomas, J. Wells
Turlington Westberry
Usina Whitfield

Williams, B.C.
Williams, J. J.
Wise
Zacchini

Hosford
Inman
Jones
Jordan
Karl
Karst
Lancaster
Land
Liles
Loeffler
Long
Marshburn
Matthews
Mattox
McAlpin

Nays:
Miner
Yeas-84.
Nays-1.
So the bill passed, title as stated, and was ordered im-
mediately certified to the Senate.
H. C. R. No. 43-XX-A Concurrent Resolution providing
for a recess of the Legislature of the State of Florida
until Monday, November 26, 1962, at 2:30 P. M.
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That upon adjournment of both houses of the legisla-
ture of the state of Florida today, November 21, 1962, the
legislature shall be in recess and shall reconvene at 2:30
P. M. on Monday, November 26, 1962.
-was taken up.
Mr. Wise moved that the rules be waived and House
Concurrent Resolution No. 43-XX be read a second time
by title.
The motion was agreed to by a two-thirds vote and
House Concurrent Resolution No. 43-XX was read a
second time by title.
Mr. Wise moved the adoption of the concurrent resolu-
tion.
The motion was agreed to and House Concurrent Reso-
lution No. 43-XX was adopted and ordered immediately
certified to the Senate.
Mr. Wise moved that the House stand in informal recess
until the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 3:08 P. M., the House stood
in informal recess.
The House reconvened at 4:57 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 87 Members present.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received
and read:
Tallahassee, Florida
November 21, 1962
The Honorable Mallory E. Horne
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 Mr. Wise of Okaloosa-
H. C. R. No. 43-XX-A concurrent resolution providing
for a recess of the Legislature of the State of Florida
until Monday, November 26, 1962, at 2:30 P. M.

Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That upon adjournment of both houses of the legisla-

71

Mr. Speaker
Adams
Allsworth
Anderson
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Cleveland
Crews
Daniel

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 21, 1962

ture of the state of Florida, today, November 21, 1962, the
legislature shall be in recess and shall reconvene at 2:30
P.M. on Monday, November 26, 1962.
Very respectfully,
ROBERT W. DAVIS,
Secretary of the Senate.
Tallahassee, Florida,
November 21, 1962
The Honorable Mallory E. Home
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has admitted for intro-
duction and consideration by two-thirds vote and passed-
By Mr. Horne of Leon-
H. B. No. 44-XX- A bill to be entitled An Act
relating to the compensation of per diem subsistence and
mileage of legislators during any regular, special or extra-
ordinary session of the Legislature of the State of Flor-
ida; providing effective date.
Very respectfully,
ROBERT W. DAVIS,
Secretary of the Senate.

And House Concurrent Resolution No. 43-XX and House
Bill No. 44-XX, contained in the above messages, were
ordered enrolled.
ENROLLING REPORT
Your Enrolling Clerk, to whom was referred-
S. B. No. 17-XX (62)
-reports same has been properly enrolled, signed by
the President and Secretary of the Senate, and by the
Speaker and Chief Clerk of the House of Representatives,
and presented to the Governor on November 21, 1962, for
his approval.
IRMA LINN
Enrolling Clerk
Mr. Mitchell of Leon moved that the House now adjourn
to reconvene, pursuant to the provisions of House Con-
current Resolution No. 43-XX, at 2:30 P. M. on Monday,
November 26.
The motion was agreed to.
Thereupon, at the hour of 5:00 P. M., the House stood
adjourned until 2:30 P. M., Monday, November 26.

72

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Monday, November 26, 1962

The House was called to order by the Speaker at 2:30
P.M.

The roll was taken and the following
recorded present:

Faircloth McDonald
Fee McLaughlin
Griffin, B.H.,Jr. Miner
Griffin, J.J.,Jr. Mitchell, C.J.
Guilford Mitchell, R.O.
Hasson Nash
Hollahan O'Neill
Holley Owens
Hosford Peeples
Inman Prescott
Jones Pruitt
Jordan Putnal
Karl Ramos
Karst Roberts, CA.
Knowles Roberts, E.S.
Lancaster Rowell
Land Russ
Liles Russell, C.E.
Loeffler Russell, J.T.
Long Saunders, J.A.
Markham Saunders, S.D.
Marshburn Scott
Mattox Sims
McAlpin Slade

Members were

Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

Excused: Mr. Matthews.
A quorum present.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain:
Dear Father Forgive us for spending so much time
getting ready to live that we let life pass us by. Help us
to express our gratitude by sucking the sweetness from
each precious moment You give. For Your sake, our
family's sake, and our own sake, we pray.-Amen.
Pledge of Allegiance to the Flag.
CORRECTION OF THE JOURNAL
The Journal for Wednesday, November 21, was ordered
corrected as follows:
On page 66, column 1, line 20, counting from the top of
the page, strike out the name "Karl of Volusia" and insert
in lieu thereof the name "Knowles of Manatee".
The Journal for Wednesday, November 21, as corrected
was approved.

INTRODUCTION OF GUESTS
Mr. McDonald of Suwannee introduced Mrs. W. G.
Brown of Live Oak.
Mr. Prescott of Walton introduced Dr. M. Cheshire of
DeFuniak Springs.
On behalf of the Hillsborough Delegation, Mr. de la
Parte introduced Messrs. Ray Grimaldi, Andy Garcia, and
Ray Tamargo, of Tampa, law partners of Senator Tom
Whitaker, Jr.
ENROLLING REPORTS
Your Enrolling Clerk to whom was referred-
House Concurrent Resolution No. 43-XX

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker
Fagan

73

-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 November 26, 1962.
IRMA LINN
Enrolling Clerk
Your Enrolling Clerk to whom was referred-
House Bill No. 44-XX
-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 November 26, 1962.
IRMA LINN
Enrolling Clerk
Mr. Chaires moved that the House now stand in in-
formal recess until 4:55 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 2:45 P. M., the House stood
in informal recess until 4:55 P. M. today.
The House reconvened at 4:55 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 90 Members present.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received
and read:
Tallahassee, Florida,
November 26,1962
The Honorable Mallory E. Home
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 Mathews-
Senate Concurrent Resolution No. 37-XX(62)
A CONCURRENT RESOLUTION REQUESTING THE
GOVERNOR OF THE STATE OF FLORIDA TO RE-
TURN TO THE SENATE SENATE BILL NO. 17-XX,
RELATING TO APPORTIONMENT OF THE MEM-
BERSHIP OF THE SENATE.
Be It Resolved by the Senate of the State of Florida, The
House of Representatives Concurring:
Section 1. The senate respectfully requests Governor
Farris Bryant, who has in his possession for examination
Senate Bill No. 17-XX, to return Senate Bill No. 17-XX to
the senate for further consideration by the legislature.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 26, 1962

And Senate Concurrent Resolution No. 37-XX, con-
tained in the above message, was read the first time in
full.
Mr. Sweeny moved that the rules be waived and Senate
Concurrent Resolution No. 37-XX be read a second time
in full.
The motion was agreed to by a two-thirds vote, and
Senate Concurrent Resolution No. 37-XX was read a
second time in full.
Mr. Sweeny moved the adoption of the concurrent reso-
lution.
The motion was agreed to, and Senate Concurrent Reso-
lution No. 37-XX was adopted and ordered certified to
the Senate.
Tallahassee, Florida
November 26, 1962
The Honorable Mallory E. Home
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, O'Neill
of Marion, Karst of Indian River, Adams of Highlands,
Bass of Hardee, Ayers of Hernando, Daniel of Lake, Boyd
and Knowles of Manatee, Land of Orange, and Cleveland
of Seminole.

A bill to be entitled An Act

to grant to the Florida citrus commission additional pow-
ers involving quality standards for frozen concentrated
orange juice over and above the minimum requirements
of section 601.0108 Florida Statutes 1961, and quality
standards for other citrus products over and above the
minimum requirements now fixed by law and provide for
the appointment of quality committees to advise and con-
sult with the Florida citrus commission involving such
additional powers and fixing their duties as members of
such committees, and to create and establish a concentrate
quality committee over frozen concentrated orange juice,
and to prescribe the qualifications, terms of office, and
manner of appointment of the members thereof; to grant
to the Florida citrus commission additional powers in-
volving quality standards for frozen concentrated orange
juice over and above the minimum requirements of section
601.0108 Florida Statutes of 1961, upon the recommenda-
tion and approval of said concentrate quality committee
and after a public hearing; and to provide for an effective
date.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And House Bill No. 34-XX, contained in the above mes-
sage, was ordered enrolled.
Mr. O'Neill 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 5:00 P. M., the House stood
adjourned until 9:30 A. M. tomorrow.

74

H. B. No. 34-XX-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Tuesday, November 27, 1962

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

Fagan McAlpin
Faircloth McDonald
Fee McLaughlin
Griffin, B.H.,Jr. Miner
Griffin, J.J.,Jr. Mitchell, C.J.
Guilford Mitchell, R.O.
Hasson Nash
Hollahan O'Neill
Holley Owens
Hosford Peeples
Inman Prescott
Jones Pruitt
Jordan Putnal
Karl Ramos
Karst Roberts, C.A.
Knowles Roberts, E.S.
Lancaster Rowell
Land Russ
Liles Russell, C.E.
Loeffler Russell, J.T.
Long Saunders, J.A.
Markham Saunders, S.D.
Marshburn Scott
Mattox Sims

Excused: Mr. Matthews.
A quorum present.
The following prayer was
Chaplain:

Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

offered by Dr. C. A. Roberts,

We acknowledge our complete dependence upon Thee.
We have no idea what the future holds, but we firmly be-
lieve You hold the future, and for that we give thanks.
In Christ's name we pray, Amen.
CORRECTION OF THE JOURNAL
The Journal for Monday, November 26, was ordered
corrected and as corrected was approved.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS.
By Messrs. Holley of Pinellas and Ducker of Orange.
H. J. R. No. 45-XX-A Joint Resolution containing a
legislative finding of facts 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. That the legislature of the State of Florida
hereby recognizes, as has been noted by the Supreme
Courts of Florida and other courts, that the counties of
the state are, according to the Constitution of Florida, the
recognized legal political subdivisions of the state, that
they have a recognized existence as autonomous political
entities for local government purposes as well as being
legal political divisions of the state and they have as legal
political divisions of the state a nature akin to govern-
mental agencies. The legislature further recognizes that
the counties, as the legal political units of the state, have
community characteristics and feelings, many of which
are embedded in history and as such have become the con-
venient, efficient and natural administrative units through

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

75

which the state has organized its aid to schools, its aid to
roads, its public assistance, its public health services, its
law enforcement, its judiciary, its tax administration, the
registration of electors, the conduct of elections of state
officers, and numerous other public services and functions.
The legislature reiterates the recognized fact that the
governments of the counties of Florida, and of the munic-
ipalities within them, are highly dependent upon local
and special enactments procured by the legislative delega-
tions from the affected areas, that these measures are of
vast importance to the people of the respective counties
or municipalities to which they apply and, therefore, the
election of at least one member of the legislature from
each county is entirely rational. The legislature finds no
authority in the holdings of the Supreme Court of the
United States to authorize an inferior federal court,
bound by state law in substantive matters, to dictate the
measure, manner or means that a sovereign state of the
Union must use to organize and apportion its legislature
and, to the contrary, finds express recognition in the
decisions of certain courts that at least in certain states,
including Florida, the counties constitute an integral and
historic part of the state's governmental structure, that
they have real and substantial interests in the state's
laws and a role of effective participation in state govern-
ment. The legislature therefore finds as a fact that the
interests of all inhabitants of the state can best be served
by having one house of its legislature constituted by the
legal political units of the state, namely the counties,
while the other is constituted by a measure equivalent to
population.
Section 2. That the amendment of Article VII of the
Constitution of the State of Florida set forth in Section 3
hereof be and the same is hereby agreed to and shall be
submitted to the electors of the State of Florida for ap-
proval or rejection at a special called election as pro-
vided by Article XVII, Section 3 of the Florida Constitu-
tion.
That three-fourths (3%) of all members elected to each
House of the Legislature does determine that an emer-
gency requiring an early decision by the electors of the
state does exist with reference to this amendment of
Article VII of the Constitution.
Section 3. That Article VII of the Constitution of the
State of Florida be amended as set forth below, subject to
its submission to the electors as provided in Section 2 of
this resolution:
ARTICLE VII
CENSUS AND 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. The interests of all in-
habitants of the state can best be served by having one
house of the legislature constituted by registered electors
and one by a legal political unit of the state described
by geography but having common demographic and socio-
economic characteristics. Counties derive their status as
legal political subdivisions of the state from the pro-
visions of this constitution and are the convenient and
natural divisions of the area of the state; therefore, the
respective counties of the state are the units of govern-
ment which shall be employed as the basis for represen-
tation in one of said houses, which shall be the senate.
Members of the senate shall be elected for terms of two
(2) years and members of the house shall be elected for

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 27, 1962

terms of four (4) years. The term of members of the legis-
lature shall expire on the first Tuesday after the first
Monday in November in each regular election year. Mem-
bers of the senate and house of representatives shall be
elected as provided by law. Any new county created by the
legislature shall be entitled to one senator, but shall re-
main in its previous house district until the next regular
reapportionment.
Section 2. Representation in the senate.-Representa-
tion in the senate of the Florida legislature shall consist
of one (1) senator from each of the several counties of the
state, each county to be designated a senatorial district.
Section 3. Representation in the house of representa-
tives.-Representation in the house of representatives of
the Florida legislature shall consist of one hundred
fifteen (115) representatives to be apportioned among rep-
resentative districts, such districts to be determined as
provided herein but no county shall be divided in creating
a district. Where any representative district is composed
of two or more counties, the counties of which such dis-
trict consists shall not be entirely separated by any coun-
ty belonging to another district.
A unit of representation shall be determined by divid-
ing the total number of registered electors in the state
qualified to vote in the general election held in 1962 and
every tenth year thereafter by one hundred fifteen (115).
Each county with an elector registration in excess of
the unit of representation shall be designated as a dis-
trict. The remaining counties shall be combined into mul-
tiple county districts as follows: (a) Counties shall be
combined until their total of elector registration exceeds
the unit of registration; provided that not more than four
(4) counties shall be included in a district; (b) the re-
maining counties shall be combined into two or three
county districts as nearly equal in elector registration as
is mathematically possible; (c) any remaining isolated
county shall be designated as a single county district if
the county is entitled to a representative after a quotient
has been determined as provided hereinafter. If the
county is not entitled to a representative after a quotient
has been determined it shall be included in the adjoining
district having the least elector registration.
The elector registration of each district shall be divid-
ed by the unit of registration and the resulting quotient
shall constitute the unit to be used as a basis for appor-
tioning the representatives among the districts. Each dis-
trict shall receive one (1) representative for each whole
number. Any remaining representatives shall be allocated
one (1) each to a district with priority given to that dis-
trict having the highest fraction of a whole number and
descending to the districts having the next highest frac-
tions of a whole number until all representatives are allo-
cated.
Section 4. Period of transition; filling offices.-The
legislature shall apportion its representation by concur-
rent resolution at its 1963 regular session in accordance
with this article, which shall take effect at such times and
in such manner as to determine the legislative offices to be
filled at the 1964 general election. The 1963 legislature
shall provide that at the 1964 general election fifty-eight
(58) representatives shall be elected for terms of two (2)
years and fifty-seven (57) representatives elected for
terms of four (4) years. Those senators elected for a term
beginning on the sixth day of November, 1962, pursuant
to the Constitution of 1885, as amended, shall each be
deemed and held to be the senator representing the sen-
atorial district embracing the county in which he resides
until the expiration of the term for which he was elected,
provided he shall not have removed his place of residence
in the meantime from said senatorial district. At the 1964
general election, senators representing all districts not
having a senator shall be elected for a two-year term.

The legislature shall reapportion its representation by
concurrent resolution in accordance with this article at
the 1973 regular session of the legislature and at the reg-
ular session every ten years thereafter, based upon the
number of registered electors qualified to vote in the
latest preceding general election. No representative's
term of office shall be terminated by reason of reappor-
tionment in accord herewith.
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 re-
apportion 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.
Section 6. Severability clause.-The provisions of this
article are declared inseparable: It is the declared in-
tention in the proposing and adopting of this article that
if any section, paragraph, sentence, clause, phrase or
other provision of this article whatsoever shall be held
unconstitutional or otherwise invalid by any court of
competent jurisdiction, or should it be declared inappli-
cable in any case, then the entire article shall fall and
that this article would not have been adopted had such
invalid provision not been included herein.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
ENROLLING REPORTS
Your Enrolling Clerk to whom was referred-
House Bill No. 34-XX
-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 November 27, 1962.
IRMA LINN
Enrolling Clerk
Your Enrolling Clerk, to whom was referred-
S. C. R. 37-XX(62)
-reports same has been properly enrolled, signed by the
President and Secretary of the Senate, and by the Speaker
and Chief Clerk of the House of Representatives, and
presented to the Governor on November 26, 1962, for his
approval.
IRMA LINN
Enrolling Clerk
Mr. Chappell moved that the Senate be respectfully re-
quested to return Senate Bill No. 17-XX to the House for
the purpose of further consideration.
The motion was agreed to, and the action of the House
was ordered certified to the Senate.
REPORTS OF SELECT COMMITTEES
Mr. Daniel moved that the rules be waived and the
Select Committee on Constitutional Amendments & Ap-
portionment be granted an additional three days for the
consideration of House Bills Nos. 6-XX, 8-XX, 10-XX,
14-XX, 19-XX, 25-XX, 29-XX, 31-XX, 37-XX, 38-XX, and
House Joint Resolutions Nos. 9-XX, 13-XX, 18-XX, 24-XX,
27-XX, 28-XX, 32-XX, 39-XX, and 40-XX.

76

November 27, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

The motion was agreed to by a two-thirds vote, and it
was so ordered.
Mr. Chappell moved that the House now adjourn to re-
convene at 11:00 A. M. today.
The motion was agreed to.
Thereupon, at the hour of 9:39 A. M., the House stood
adjourned until 11:00 A. M. today.
The House reconvened at 11:00 A. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
INTRODUCTION OF GUESTS
Mr. Chappell moved that a committee be appointed to
escort the Honorable Broward Williams to the rostrum.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Chappell,
Cleveland, and Hollahan as the committee which escorted
Mr. Williams to the rostrum where he was presented with
a certified copy of House Resolution No. 42-XX commend-
ing him on his long and outstanding service to the State.
The Speaker called Mr. Russ of Wakulla, the Speaker
Pro Tempore, to the rostrum where he was wished a
Happy Birthday by the Membership of the House and
presented with a birthday cake.
The Speaker then introduced Mr. Louis Swed of Tampa.

Mr. Chappell moved that the House now adjourn to re-
convene at 1:30 P. M. today.

The motion was agreed to.

Thereupon, at the hour of 11:12 A. M., the House stood
adjourned until 1:30 P. M. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 1:30
P.M.
The roll was taken and the following Members were re-
corded present:

Crews
Daniel
Davis
de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin, B.H.,Jr.
Griffin, J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Inman
Jones
Jordan
Karl
Karst

Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples

Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Slade
Smith
Smoak
Stallings
Stevens

77

Stone Turlington Westberry Wise
Strickland Usina Whitfield Zacchini
Sweeny Wadsworth Williams, B.C.
Thomas,A.J.,Jr. Walker Williams, J.J.
Thomas, J. Wells Wingate
A quorum present.
Mr. Wingate introduced the Misses Ruby Freeman and
Faye Horn of Fernandina Beach.
Mr. Chappell moved that the House now adjourn to re-
convene at 3:35 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 1:41 P. M., the House stood
adjourned until 3:35 P. M. today.
The House reconvened at 3:35 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
Mr. Stone moved that the House stand in informal re-
cess until the call of the Speaker.
Pending consideration thereof-
Mr. Boyd offered a substitute motion that the House
now adjourn to reconvene at 11:00 A. M. tomorrow.

A roll call was ordered.

When the vote was taken on the substitute motion to
adjourn, the result was:

Yeas:
Mr. Speaker
Adams
Anderson
Baker
Beck
Boyd
Broxson
Carter
Chaires
Chappell
Cleveland
Daniel
Nays:
Allsworth
Arrington
Bass
Bennett
Chiles
Crews
Ducker
Fagan
Fee
Griffin, B.H.,Jr.
Yeas-48.

Nays-37.

Davis
de la Parte
Faircloth
Guilford
Hasson
Hollahan
Hosford
Lancaster
Liles
Marshburn
McAlpin
McLaughlin

Griffin, J.J.,Jr.
Holley
Inman
Jones
Jordan
Karl
Knowles
Land
Loeffler
Long

Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Prescott
Pruitt
Roberts, C.A.
Roberts, E.S.
Rowell
Russell, C.E.
Saunders, S.D.

Markham
Mattox
McDonald
Miner
Ramos
Russell, J.T.
Saunders, J.A.
Smoak
Stone
Thomas,A.J.,Jr

Scott
Sims
Slade
Stevens
Strickland
Sweeny
Usina
Whitfield
Williams, B.C.
Williams, J.J.
Wise
Zacchini

Thomas, J.
Turlington
Wadsworth
Walker
Wells
Westberry
Wingate

The substitute motion was agreed to.

Thereupon, at the hour of 3:45 P. M., the House stood
adjourned until 11:00 A. M. tomorrow.

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Wednesday, November 28, 1962

The House was called to order by the Speaker at 11:00 H. B. No. 44-XX RELATING TO THE COMPENSA-
A. M. TION OF PER DIEM SUBSISTENCE
AND MILEAGE OF LEGISLATORS

The roll was taken and the following
recorded present:

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin, J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Mattox

McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

ivemuers were

Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

Excused: Mr. Matthews.

A quorum present.

The following prayer was offered by Dr. C. A. Roberts,
Chaplain:

Dear Heavenly Father-Give us heads filled with wis-
dom and hearts filled with love. Teach us not only how
to make a living, but how to make a life. In Christ's name
we pray, Amen.

CORRECTION OF THE JOURNAL
The Journal for Tuesday, November 27, was ordered
corrected and as corrected was approved.

COMMUNICATIONS
The following communications were received and read:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE

November 28, 1962
The Honorable Mallory E. Home
Speaker, House of Representatives
The Capitol
Tallahassee, Florida

Dear Mr. Speaker:

I have the honor to inform you that I have today trans-
mitted to the Secretary of State the following Acts which
I have approved:
H. B. No. 34-XX RELATING TO THE GRANTING OF
ADDITIONAL POWERS TO THE
FLORIDA CITRUS COMMISSION

Respectfully,
FARRIS BRYANT
Governor
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE

The Honorable Mallory E. Home
Speaker, House of Representatives
The Capitol
Tallahassee, Florida

November 28, 1962

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

Dear Mr. Speaker:
I have the honor to inform you that I have today trans-
mitted to the Secretary of State House Concurrent Resolu-
tion No. 43-XX which provides for a recess.
Respectfully
FARRIS BRYANT
Governor
The Speaker introduced Mrs. C. A. Roberts, wife of the
Chaplain of the House.
Mr. Chappell moved that the House stand in informal
recess until 30 minutes after the Senate takes action on
the measure under consideration.
The motion was agreed to.
Thereupon, at the hour of 11:21 A. M., the House stood
in informal recess.
The House reconvened at 1:52 P.M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
INTRODUCTION OF GUESTS
The Speaker introduced the Honorable George Taff,
Commissioner of the City of Tallahassee.
Mr. Russell of Pinellas introduced the Honorable Jack
Carey, City Councilman of St. Petersburg, and Mr. Stanley
Smitzes of Tarpon Springs.
MOTIONS RELATING TO COMMITTEE REFERENCE
Mr. Chappell moved that House Joint Resolution No.
18-XX be withdrawn from the Select Committee on Con-
stitutional Amendments & Apportionment and placed on
the Calendar.
The motion was agreed to by a two-thirds vote and it
was so ordered.
Mr. O'Neill moved that House Bill No. 8-XX be with-
drawn from the Select Committee on Constitutional
Amendments & Apportionment and placed on the Calendar.
The motion was agreed to by a two-thirds vote and it
was so ordered.

78

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

INTRODUCTION AND REFERENCE OF
HOUSE BILLS, JOINT RESOLUTIONS,
HOUSE RESOLUTIONS, CONCURRENT RESOLU-
TIONS AND MEMORIALS
By Messrs. Boyd of Manatee and O'Neill and Chappell
of Marion-
H. J. R. No. 46-XX-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 election.
WHEREAS, the Legislature of the state of Florida has
determined that an emergency requiring an early decision
by the electors of the state exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
state of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special called election as provided by
Article XVII, Section 3 of the state Constitution:
That three-fourths of all members elected to each house
of the legislature does determine that an emergency re-
quiring an early decision by the electors of the state does
exist with reference to this amendment to Article VII of
the Constitution.
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 county hereafter created shall have one (1)
member of the house of representatives until the next
apportionment by the legislature, at which time such
county shall be allocated such representation as is pro-
vided for herein. Any county hereafter created having a
population in excess of two hundred thousand (200,000)
at the time of its creation shall have one (1) senator
which shall be in addition to the total number of senators
otherwise provided for herein, and upon such happening
the total number of senatorial districts otherwise pro-
vided for herein shall be correspondingly increased by
one (1).
Section 2. Representation in the house of representa-
tives.The House of Representatives shall consist of 109
members to be apportioned among the counties as follows:
The most populous county shall have seven (7) represent-
atives. The second most populous county shall have five
(5) representatives. The next three (3) most populous
counties shall have four (4) representatives each. The
next five most populous counties shall have three (3)
representatives each. The next thirteen (13) most popu-
lous counties shall have two (2) representatives each.
Each of the remaining counties shall have one (1) repre-
sentative-provided, however, that until the general elec-
tion 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 legislature shall apportion the
representation in the senate. It shall provide for thirty-
eight (38) senatorial districts as nearly equal in popula-

79

tion as practical and each district shall have one (1)
senator.
No county shall be divided in creating a district and
no county shall be separated from the remainder of the
district of which it is a part by more than a county
which was formerly a part of the same district in 1961.
Section 4. Legislative apportionment.-The 1963 leg-
islature 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 a special election called for such
purpose, the legislature shall be apportioned according
to apportionment bills passed at the extraordinary session
of the legislature called by proclamation of the governor
to convene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 complet-
ing 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. 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 first regular session
of the legislature after the next federal decennial census
and at the first regular session of the legislature after
each succeeding federal decennial census and such re-
apportionment shall be based upon the latest preceding
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 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 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments &
Apportionment.
Mr. Chappell moved that House Joint Resolution No.
46-XX be withdrawn from the Select Committee on Con-
stitutional Amendments & Apportionment and placed on
the Calendar.
The motion was agreed to by a two-thirds vote and it
was so ordered.
By unanimous consent, Mr. Chappell moved that the
rules be waived and House Joint Resolution No. 46-XX
be read a second time in full.
The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 46-XX was read a second
time in full.
Mr. Chappell of Marion offered the following amend-
ment to House Joint Resolution No. 46-XX:

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

Strike out Section 2 and insert the following in lieu
thereof: "Section 2. Representation in the House of
Representatives. The House of Representatives shall con-
sist of 114 members which shall be apportioned by the
legislature among the counties as follows: The most pop-
ulous county shall have 8 representatives. The second
most populous county shall have 6 representatives. The
next three (3) most populous counties shall have 5 rep-
resentatives each. The next five (5) most populous coun-
ties shall have 3 representatives each. The next 13 most
populous counties shall have 2 representatives each. Each
of the remaining counties shall have one (1) representa-
tive; provided, however, 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. Chappell moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Chiles of Polk offered the following amendment
to House Joint Resolution No. 46-XX:
Strike out entire section 3 and insert the following in
lieu thereof: "Section 3. Senate.-The legislature shall
divide the state into forty-two (42) senatorial districts,
each of which shall be represented in the senate by one
(1) member. These districts shall be created with the
view of effecting as equitable representation as practical,
with due regard for geographical area, economic interest
and population feasibility; provided, however, that until
their terms of office expire at the general election of
November, 1964, any senator whose district has been
abolished shall continue to hold office as senator for the
county of his residence even though by so doing the total
number of members may exceed forty-two (42).
No county shall be divided in creating a district and
no county shall be separated from the remainder of the
district of which it is a part by more than a county which
was formerly a part of the same district in 1961."
Mr. Chiles moved the adoption of the amendment.
Pending consideration thereof-
Mr. Liles of Hillsborough offered the following substi-
tute amendment to House Joint Resolution No. 46-XX:
Strike out all of section 3 and insert the following in
lieu thereof:
"Section 3. Senate.-The legislature shall divide the
state into forty-two senatorial districts, each of which
shall be represented in the senate by one (1) member
and in addition thereto, each district having a population
of more than three hundred fifty thousand (350,000) or
major fraction thereof according to the latest preceding
federal decennial census, shall have one (1) additional
member for each additional three hundred fifty thousand
(350,000) or major fraction thereof, as nearly equal in
population as practicable; provided, however, that until
their terms of office expire at the general election of
November, 1964, any senator whose district has been
abolished shall continue to hold office as senator for the
county of his residence even though by so doing the
total number of members may exceed forty-two until the
terms expire.
"No county shall be divided in creating a district, ex-
cept in a county having two (2) senators under the pre-
ceding paragraph the legislature may divide the county
into two (2) groups for qualifying purposes, with election
to be county-wide. No county shall be separated from the
remainder of the district of which it is a part by more
than a county which was formerly a part of the same
district in 1961."
Mr. Liles moved the adoption of the substitute amend-
ment.

Pending consideration thereof-
Mr. Chappell moved that the substitute amendment be
laid on the table.
The motion was agreed to and the substitute amend-
ment was laid on the table.
The question recurred on the adoption of the amend-
ment offered by Mr. Chiles.
The motion was agreed to and the amendment was
adopted.
Messrs. Turlington of Alachua and Knowles and Boyd
of Manatee offered the following amendment to House
Joint Resolution No. 46-XX:
Strike out Section six (6).
Mr. Turlington moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Chappell moved that the rules be further waived
and House Joint Resolution No. 46-XX, 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. 46-XX, 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. 46-XX- 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 election.
WHEREAS, the Legislature of the state of Florida has
determined that an emergency requiring an early deci-
sion by the electors of the state exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
state of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special called election as provided by
Article XVII, Section 3 of the state Constitution:
That three-fourths of all members elected to each house
of the legislature does determine that an emergency re-
quiring an early decision by the electors of the state does
exist with reference to this amendment to Article VII of
the Constitution.
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 county hereafter created shall have one (1)
member of the house of representatives until the next
apportionment by the legislature, at which time such
county shall be allocated such representation as is pro-
vided for herein. Any county hereafter created having a
population in excess of two hundred thousand (200,000)
at the time of its creation shall have one (1) senator

80

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

which shall be in addition to the total number of senators
otherwise provided for herein, and upon such happening
the total number of senatorial districts otherwise pro-
vided for herein shall be correspondingly increased by
one (1).

Section 2. Representation in the House of Representa-
tives. The House of Representatives shall consist of 114
members which shall be apportioned by the legislature
among the counties as follows: The most populous county
shall have 8 representatives. The second most populous
county shall have 6 representatives. The next three (3)
most populous counties shall have 5 representatives each.
The next five (5) most populous counties shall have 3
representatives each. The next 13 most populous counties
shall have 2 representatives each. Each of the remaining
counties shall have one (1) representative; provided,
however, 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 legislature shall divide the
state into forty-two (42) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber. These districts shall be created with the view of
effecting as equitable representation as practical, with
due regard for geographical area, economic interest and
population feasibility; provided, however, that until their
terms of office expire at the general election of November,
1964, any senator whose district has been abolished shall
continue to hold office as senator for the county of his
residence even though by so doing the total number of
members may exceed forty-two (42).

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

Section 4. Legislative apportionment.-The 1963 leg-
islature 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 a special election called for such
purpose, the legislature shall be apportioned according to
apportionment bills passed at the extraordinary session
of the legislature called by proclamation of the governor
to convene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 com-
pleting his term to which he was elected and the ad-
ditional 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. 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 first regular session
of the legislature after the next federal decennial census
and at the first regular session of the legislature after
each succeeding federal decennial census and such re-
apportionment shall be based upon the latest preceding
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 re-
apportionment, and such extraordinary session shall man-
datorily 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 1960
shall also be the state census and shall control in all
population acts and constitutional apportionments unless
otherwise ordered by the legislature.
-the result was:
Yeas:

Mr. Speaker
Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Nays:
Allsworth
de la Parte
Ducker
Faircloth

Daniel
Davis
Fagan
Fee
Griffin,B.H.,Jr.
Griffin, J.J.,Jr.
Guilford
Hasson
Inman
Jones
Jordan
Karst
Knowles
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald

Hollahan
Holley
Karl
Land

McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott

Liles
Loeffler
Long
Roberts, E.S.

Sims
Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Usina
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Russell, J.T.
Thomas, J.
Walker
Zacchini

Yeas-76.
Nays-16.
So House Joint Resolution No. 46-XX passed, as
amended, by the required Constitutional three-fourths
vote of all Members elected to the House of Representa-
tives, as required by Article XVII, Section 3 of the Con-
stitution of Florida and was ordered immediately certi-
fied to the Senate, after engrossment.
H. B. No. 8-XX- A bill to be entitled An Act
relating to the apportionment of the legislature; provid-
ing for two hundred and twenty-three (223) members of
the house of representatives and sixty-seven (67) sena-
tors; providing for the election thereof; and providing an
effective date.
-was taken up.
Mr. Chappell moved that the rules be waived and
House Bill No. 8-XX be read a second time by title.
The motion was agreed to by a two-thirds vote and
House Bill No. 8-XX was read a second time by title.
Mr. Chappell moved that the House stand in informal
recess until 2:40 P.M. today.
The motion was agreed to.
Thereupon, at the hour of 2:29 P.M., the House stood
in informal recess.
The House reconvened at 2:40 P.M.

THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 91 Members present.

81

H. B. No. 8-XX--

A bill to be entitled An Act

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

relating to the apportionment of the legislature; provid-
ing for two hundred and twenty-three (223) members of
the house of representatives and sixty-seven (67) sena-
tors; providing for the election thereof; and providing an
effective date.
-was taken up, having been read a second time earlier
today.
Mr. O'Neill of Marion offered the following amendment
to House Bill No. 8-XX:
In Section 1, strike out entire section and insert the
following in lieu thereof: Section 1. Section 10.01, Florida
Statutes, is amended to read:
10.01 Division of state into senatorial districts; ap-
portionment of senate, etc.-
(1) The legislature shall divide the state into forty-
two (42) senatorial districts, each of which shall be rep-
resented in the senate by one (1) member. These districts
shall be created with the view of effecting as equitable
representation as practical, with due regard for geograph-
ical area, economic interest and population feasibility. No
county shall be divided in creating a district and no
county shall be separated from the remainder of the dis-
trict of which it is a part by more than a county which
was formerly a part of the same district in 1961.
(2)The forty-two (42) senatorial districts created by
subsection (1) shall be constituted as follows:
First district-Santa Rosa county
Second district-Escambia county
Third district-Walton, Holmes and Washington coun-
ties
Fourth district-Jackson county and Calhoun county
Fifth district-Liberty county, Gulf county, Franklin
county and Wakulla county
Sixth district-Gadsden county
Seventh district-Polk county
Eighth district-Leon county
Ninth district-Hernando county, Sumter county and
Citrus county
Tenth district-Madison county, Taylor county and
Jefferson county
Eleventh district-Pinellas county
Twelfth district-St. Lucie county
Thirteenth district-Dade county
Fourteenth district-Columbia county
Fifteenth district-Bradford county, Clay county and
Union county
Sixteenth district-Nassau county and Baker county
Seventeenth district-Hamilton county, Suwannee
county and Lafayette county
Eighteenth district-Duval county
Nineteenth district-Orange county
Twentieth district-Marion county
Twenty-first district-Dixie county, Levy county and
Gilchrist county
Twenty-second district-Sarasota county
Twenty-third district-Lake county
Twenty-fourth district-Lee county and Collier county

Twenty-fifth district-Bay county
Twenty-sixth district-Putnam county
Twenty-seventh district-Hardee county, DeSoto county
and Charlotte county
Twenty-eighth district-Volusia county
Twenty-ninth district-Indian River county
Thirtieth district-Broward county
Thirty-first district-St. Johns county and Flagler
county
Thirty-second district-Alachua county
Thirty-third district-Osceola county, Okeechobee
county and Martin county
Thirty-fourth district-Hillsborough county
Thirty-fifth district-Palm Beach county
Thirty-sixth district-Manatee county
Thirty-seventh district-Brevard county
Thirty-eighth district-Pasco county
Thirty-ninth district-Glades county, Hendry county
and Highlands county
Fortieth district-Okaloosa county
Forty-first district-Monroe county
Forty-second district-Seminole county
Mr. O'Neill moved the adoption of the amendment.
Pending consideration thereof-
Without objection, further consideration of House Bill
No. 8-XX and amendment thereto was temporarily de-
ferred.
H. J. R. No. 18-XX-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 sixty-seven (67) sen-
ators and one hundred two (102) house members; 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 a special election to be held for such purpose.
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 four (4) 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.-Representation in the senate shall
consist of sixty-seven (67) members each representing a
district consisting of one (1) county.

82

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Section 3. Representation in the house of representa-
tives of the Florida legislature shall be apportioned among
the several counties of the state based upon the percent-
age of the total population of the state resident in each
county in such fashion that each county shall have one
(1) representative for each one per cent (1%) and one
(1) representative for each major fraction thereof. Said
apportionment shall be provided by the legislature and
shall be based on the latest federal decennial census.
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. If this article is ratified at a special
election, the legislature shall be apportioned according
to legislation to be passed at the November 9, 1962 extra-
ordinary session. Any representative elected in the 1962
general election pursuant to the constitution of 1885, as
amended, shall serve in such office for which he was
elected until the expiration of his present term, and the
additional legislative offices created herein shall be filled
by election at the general election of 1964. 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.
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 decen-
nial 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 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 fed-
eral census beginning with the federal decennial census
of 1960 shall also be the state census unless otherwise
ordered by the legislature, and shall control in all popu-
lation acts and constitutional apportionments.
-was taken up.
Mr. Chappell moved that House Joint Resolution No.
18-XX be read a second time in full.
The motion was agreed to and House Joint Resolution
No. 18-XX was read a second time in full.
Mr. Liles introduced Mr. William (Bill) Merlin of
Tampa.
Mr. Chappell moved that the House stand in informal
recess until the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 2:58 P. M., the House stood
in informal recess.
The House reconvened at 4:10 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
H. B. No. 8-XX- A bill to be entitled An Act
relating to the apportionment of the legislature; provid-

ing for two hundred and twenty-three (223) members of
the house of representatives and sixty-seven (67) sen-
ators; providing for the election thereof; and providing
an effective date.
-was taken up having been read a second time today
and now pending on motion by Mr. O'Neill to adopt an
amendment, which amendment reads as follows:
In Section 1, strike out entire section and insert the
following in lieu thereof: Section 1. Section 10.01, Flor-
ida Statutes, is amended to read:
10.01 Division of state into senatorial districts; ap-
portionment of senate, etc.-
(1) The legislature shall divide the state into forty-
two (42) senatorial districts, each of which shall be rep-
resented in the senate by one (1) member. These districts
shall be created with the view of effecting as equitable
representation as practical, with due regard for geograph-
ical area, economic interest and population feasibility. No
county shall be divided in creating a district and no
county shall be separated from the remainder of the dis-
trict of which it is a part by more than a county which
was formerly a part of the same district in 1961.
(2) The forty-two (42) senatorial districts created by
subsection (1) shall be constituted as follows:
First district-Santa Rosa county
Second district-Escambia county
Third district-Walton, Holmes and Washington
counties
Fourth district-Jackson county and Calhoun county
Fifth district-Liberty county, Gulf county, Franklin
county and Wakulla county
Sixth district-Gadsden county
Seventh district-Polk county
Eighth district-Leon county
Ninth district-Hernando county, Sumter county and
Citrus county
Tenth district-Madison county, Taylor county ana
Jefferson county
Eleventh district-Pinellas county
Twelfth district-St. Lucie county
Thirteenth district-Dade county
Fourteenth district-Columbia county
Fifteenth district-Bradford county, Clay county and
Union county
Sixteenth district-Nassau county and Baker county
Seventeenth district-Hamilton county, Suwannee coun-
ty and Lafayette county
Eighteenth district-Duval county
Nineteenth district-Orange county
Twentieth district-Marion county
Twenty-first district-Dixie county, Levy county and
Gilchrist county
Twenty-second district-Sarasota county
Twenty-third district-Lake county
Twenty-fourth district-Lee county and Collier county
Twenty-fifth district-Bay county

83

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

Twenty-sixth district-Putnam county
Twenty-seventh district-Hardee county, DeSoto county
and Charlotte county
Twenty-eighth district-Volusia county
Twenty-ninth district-Indian River county
Thirtieth district-Broward county
Thirty-first district-St. Johns county and Flagler
county
Thirty-second district-Alachua county
Thirty-third district-Osceola county, Okeechobee coun-
ty and Martin county
Thirty-fourth district-Hillsborough county
Thirty-fifth district-Palm Beach county
Thirty-sixth district-Manatee county
Thirty-seventh district-Brevard county
Thirty-eighth district-Pasco county
Thirty-ninth district-Glades county, Hendry county
and Highlands county
Fortieth district-Okaloosa county
Forty-first district-Monroe county
Forty-second district-Seminole county
The question recurred on the adoption of the amend-
ment.
A roll call was demanded.
When the vote was taken on the adoption of the
amendment, the result was:

Yeas:
Mr. Speaker
Adams
Anderson
Arrington
Baker
Bass
Bedenbaugh
Boyd
Broxson
Chappell
Chiles
Nays:
Allsworth
Beck
Bennett
Carter
Chaires
Cleveland
Daniel
Davis
de la Parte
Ducker
Fagan
Faircloth
Yeas-44.
Nays-46.

Craig
Crews
Griffin,B.H.,Jr.
Griffin, J.J.,Jr.
Inman
Jones
Karst
Liles
Markham
McAlpin
McLaughlin

Fee
Guilford
Hasson
Hollahan
Hosford
Jordan
Karl
Knowles
Lancaster
Land
Loeffler
Long

Miner
Mitchell, R.O.
O'Neill
Peeples
Putnal
Ramos
Rowell
Russell, C.E.
Saunders, J.A.
Slade
Smith

Marshburn
Mattox
McDonald
Mitchell, C.J.
Nash
Owens
Prescott
Roberts, C.A.
Roberts, E.S.
Russell, J.T.
Saunders, S.D.
Scott

Smoak
Stallings
Stevens
Stone
Sweeny
Thomas,A.J.,Jr.
Usina
Wells
Westberry
Williams, J.J.
Wise

Sims
Strickland
rhomas, J.
Turlington
Wadsworth
Walker
Whitfield
Williams, B.C.
Wingate
Zacchini

The motion was not agreed to and the amendment was
not adopted.
Mr. Saunders of Clay moved that the rules be waived
and House Bill No. 8-XX be read a third time in full and
placed upon its passage.
A roll call was ordered.
When the vote was taken on the motion, the result was:

Yeas:
Anderson
Bass
Beck
Carter
Chaires
Craig
Crews
Guilford
Hosford
Lancaster
Nays:
Mr. Speaker
Adams
Allsworth
Arrington
Ayers
Baker
Bedenbaugh
Bennett
Boyd
Broxson
Chappell
Cleveland
Daniel
Davis
Yeas-39.
Nays-53.

Land
Markham
Marshburn
McDonald
McLaughlin
Mitchell, C.J.
Nash
Owens
Peeples
Prescott

de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin, J.J.,Jr.
Hasson
Hollahan
Holley
Inman
Jones
Jordan
Karl

Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Sims
Smith

Karst
Knowles
Liles
Loeffler
Long
Mattox
McAlpin
Miner
Mitchell, R.O.
O'Neill
Roberts, E.S.
Russell, J.T.
Scott
Slade

Strickland
Thomas,A.J.,Jr.
Wadsworth
Walker
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Smoak
Stallings
Stevens
Stone
Sweeny
Thomas, J.
Turlington
Usina
Wells
Westberry
Zacchini

The motion was not agreed to by a two-thirds vote and
House Bill No. 8-XX was not read a third time in full.
Mr. O'Neill of Marion offered the following amendment
to House Bill No. 8-XX:
In Section 2, strike out entire Section and insert the
following in lieu thereof:
Section 2. Section 10.03, Florida Statutes, is amended
to read:
10.03 Apportionment of house of representatives.-As
provided in Art. VII, 3, State Constitution:
(1) There shall be ninety-five members of the house of
representatives to be apportioned among the several coun-
ties as follows, to wit:

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

NUMBER OF
REPRESENTATIVES
3
3
3
3
3
2
2
2
2
2
2
2
2
2
2
2
2

84

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

COUNTY
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
Sumter
DeSoto
Washington
Hernando
. Holmes
Levy
Gulf
Jefferson
Citrus
Hendry
Hamilton
Calhoun
Baker
Franklin
Okeechobee
Union
Wakulla
Flagler

NUMBER OF
REPRESENTATIVES
2
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

COUNTY
Dixie
Liberty
Glades

85

NUMBER OF
REPRESENTATIVES
1
1
1

Lafayette 1
Gilchrist 1
(2) It is hereby declared the apportionment provided
for in subsection (1) hereof is made in accordance with
the federal census of 1960.
(3) Notwithstanding the provisions of this act the
counties of Polk, St. Johns and Jackson shall continue
to have the same number of representatives to which
they were entitled prior to the 1960 census, until the
general election of 1966, at which time they shall have
the number of representatives provided by subsection (1).
Mr. O'Neill 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:
Mr. Speaker
Anderson
Arrington
Ayers
Baker
Bass
Bedenbaugh
Broxson
Chappell
Craig
Griffin, J.J.,Jr.
Guilford
Nays:
Adams
Allsworth
Bennett
Boyd
Carter
Chaires
Chiles
Cleveland
Crews
Daniel
Davis
Yeas-48.
Nays-44.

Hosford
Inman
Jones
Lancaster
Markham
Marshburn
McAlpin
McDonald
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash

de la Parte
Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Hasson
Hollahan
Holley
Jordan
Karl

O'Neill
Owens
Prescott
Pruitt
Putnal
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Scott
Sims
Slade

Karst
Knowles
Land
Liles
Loeffler
Long
Mattox
McLaughlin
Peeples
Ramos
Roberts, E.S.

Smith
Stallings
Stevens
Strickland
Sweeny
Turlington
Wadsworth
Walker
Westberry
Williams, B.C.
Williams, J.J.
Wingate

Russell, J.T.
Saunders, J.A.
Smoak
Stone
Thomas,A.J.,Jr.
Thomas, J.
Usina
Wells
Whitfield
Wise
Zacchini

The motion was agreed to and the amendment was
adopted.
Mr. Nash moved that the House reconsider the vote by
which the amendment by Mr. O'Neill to Section 1 failed
of adoption.
The motion to reconsider was agreed to.
The question recurred on the adoption of the amend-
ment to Section 1 by Mr. O'Neill.
A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment, the result was:
Yeas:
Mr. Speaker Carter Griffin, J.J.,Jr. Markham
Anderson Chaires Guilford Marshburn
Arrington Chappell Hollahan Mattox
Ayers Cleveland Hosford McAlpin
Bass Craig Inman McDonald
Beck Crews Jones McLaughlin
Bedenbaugh Davis Karst Miner
Broxson Fagan Lancaster Mitchell, C.J.

86 JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Putnal
Rowell
Nays:
Adams
Allsworth
Baker
Bennett
Boyd
Chiles
Daniel
de la Parte
Yeas-63.
Nays-29.

The motion
adopted.

Russ
Russell, C.E.
Saunders, J.A.
Scott
Sims
Slade
Smith
Stallings

Ducker
Faircloth
Fee
Griffin,B.H.,Jr.
Hasson
Holley
Jordan
Karl

Stevens Wells
Stone Westberry
Strickland Whitfield
Sweeny Williams, B.C.
Thomas,A.J.,Jr. Williams, J.J.
Usina Wingate
Wadsworth Wise
Walker

Knowles
Land
Liles
Loeffler
Long
Pruitt
Roberts, C.A.
Roberts, E.S.

Russell, J.T.
Saunders, S.D.
Smoak
Thomas, J.
Zacchini

was agreed to and the amendment was

Mr. O'Neill of Marion offered the following amend-
ment to House Bill No. 8-XX:
In Section 3, strike out: entire section and insert the
following in lieu thereof:
Section 3. Chapter 10, Florida Statutes, is amended
by adding section 10.04 to read:
10.04 Legislative apportionment.-
(1) 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. Any representative or senator elected in the
1962 general election pursuant to the constitution of
1885, as amended, shall serve in said office for the term
for which he was elected, and any senator now serving
shall complete his term to which he was elected. The addi-
tional legislative offices herein created shall be filled by
and at a special election to be held in the affected coun-
ties or districts, as provided by law. Such election shall
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 apportionment herein pro-
vided is based on the federal decennial census of 1960.
(2) The members of the house of representatives shall
be elected for terms of two (2) years and members of
the senate shall be elected for terms of four (4) years,
except as herein provided. The terms of members of the
legislature shall expire on the first Tuesday after the
first Monday of each election year for the election of
members of the senate and house of representatives.
Mr. O'Neill moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Fagan of Alachua offered the following amendment
to House Bill No. 8-XX:

Strike out all of Section 7 and insert the following in
lieu thereof:

"Section 7. This act shall take effect immediately upon
ratification at the polls by the people of the constitutional
amendment passed at the 1962 Extraordinary Session
called by the governor and convened on November 9,
1962."
Mr. Fagan moved the adoption of the amendment.

The motion was agreed to and the amendment was
adopted.
Mr. O'Neill of Marion offered the following amend-
ment to House Bill No. 8-XX:
Strike out Sections 4, 5 and 6 and re-number remaining
Section.
Mr. O'Neill moved the adoption of the amendment.
A roll call was ordered.
When the vote was taken on the adoption of the
amendment, the result was:
Yeas:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Crews
Davis
de la Parte
Nays:
Chiles
Daniel
Ducker

Fagan
Faircloth
Fee
Griffin, J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Long
Markham
Marshburn

Griffin,B.H.,Jr.
Loeffler
McDonald

Mattox
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Nash
Russell, J.T.
Williams, B.C.

Slade
Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, J.J.
Wingate
Wise
Zacchini

Yeas-83.
Nays-9.
The motion was agreed to and the amendment was
adopted.
Mr. O'Neill of Marion offered the following amendment
to House Bill No. 8-XX:
Strike out the entire title and insert the following in
lieu thereof:
"A bill to be entitled An Act Providing for the Ap-
portionment of the Membership of the Senate and the
House of Representatives of the Florida Legislature by
Amending Sections 10.01 and 10.03, and Creating Section
10.04, Florida Statutes; providing an effective date."
Mr. O'Neill moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Messrs. Liles of Hillsborough and Roberts of Palm
Beach offered the following amendment to House Bill
No. 8-XX:
Strike out the enacting clause.
Mr. Liles 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:

Adams Bedenbaugh
Allsworth Bennett
Baker Boyd

Chiles Daniel
Cleveland Davis
Crews de la Parte

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Ducker
Fagan
Faircloth
Griffin,B.H.,Jr.
Hasson
Hollahan
Jones
Jordan
Nays:
Mr. Speaker
Anderson
Arrington
Ayers
Bass
Beck
Broxson
Carter
Chaires
Chappell
Craig
Fee
Griffin, J.J.,Jr.
Yeas-44.
Nays-49.
The motion
not adopted.

Karl
Karst
Knowles
Land
Liles
Loeffler
Long
Mattox

Guilford
Holley
Hosford
Inman
Lancaster
Markham
Marshburn
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Nash

Mitchell, R.O.
Prescott
Ramos
Roberts, C.A.
Roberts, E.S.
Russ
Russell, J.T.
Saunders, J.A.

O'Neill
Owens
Peeples
Putnal
Rowell
Russell, C.E.
Saunders, S.D.
Scott
Sims
Slade
Smith
Stallings
Stevens

Smoak
Stone
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wells
Zacchini

Strickland
Sweeny
Wadsworth
Walker
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

was not agreed to and the amendment was

Without objection, further consideration of House Bill
No. 8-XX was temporarily deferred.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
November 28, 1962
The Honorable Mallory E. Horne
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the governor has returned to the
Senate as requested by S. C. R. No. 37-XX(62)-
By Senators Johnson (6th) and Williams (4th)-
S. B. No. 17-XX(62)- A Bill to be entitled
An Act providing for the apportionment of the member-
ship of the Senate of the Legislature of the State of Flor-
ida into forty-five (45) districts: amending section 10.01,
adding section 10.04, Florida Statutes; providing for an
election; providing for filling vacancies; providing ef-
fective date.
-and the Senate has granted the request of the House
of Representatives and returns to the House herewith
S. B. No. 17-XX(62).
Very respectfully,
ROBERT W. DAVIS,
Secretary of the Senate

Mr. Mitchell of Leon moved that the House reconsider
the vote by which Senate Bill No. 17-XX, as amended,
passed.
The motion was agreed to and the vote by which Senate
Bill No. 17-XX, as amended, passed was reconsidered and
Senate Bill No. 17-XX was placed back on third reading.
The question recurred on the passage of Senate Bill
No. 17-XX, as amended.
Pending roll call-
Mr. Mitchell of Leon moved that further consideration
of Senate Bill No. 17-XX be indefinitely postponed.
The motion for indefinite postponement having been
made after third reading, the Speaker put the question

87

on the final passage of Senate Bill No. 17-XX, as amended.
When the vote was taken on the passage of the bill
the result was:
Yeas:

Hosford
Nays:
Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Yeas-2.

Miner

Ducker
Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin, J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Inman
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn

Mattox
McAlpin
McDonald
McLaughlin
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Slade

Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise
Zacchini

Nays-90.
So the bill failed to pass as amended.
ENGROSSING REPORT
November 28, 1962
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 46-XX
-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. 46-XX was ordered
immediately certified to the Senate.
Mr. Chappell moved that the House now adjourn to
reconvene at 6:50 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 5:41 P. M., the House stood
adjourned until 6:50 P. M. today.

NIGHT SESSION
The House reconvened at 6:50 P. M.
THE SPEAKER IN THE CHAIR.

The roll was taken and
recorded present:

Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd

Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Davis
de la Parte
Ducker

the following Members were

Fagan
Faircloth
Fee
Griffin,B.H.,Jr.
Griffin, J.J.,Jr.
Guilford
Hasson
Hollahan
Holley
Hosford
Inman
Jones

Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Long
Markham
Marshburn
Mattox

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt

Putnal
Ramos
Roberts, C.A.
Roberts, E.S.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Slade Wadsworth
Smith Walker
Smoak Wells
Stallings Westberry
Stevens Whitfield
Stone Williams, B.C.
Strickland Williams, J.J.
Sweeny Wingate
Thomas,A.J.,Jr. Wise
Thomas, J. Zacchini
Turlington
Usina

A quorum present.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
November 28, 1962
The Honorable Mallory E. Horne
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has passed with amend-
ments by the required constitutional three-fourths vote
of all members elected to the Senate for the 1962 Extra-
ordinary Session of the Florida Legislature-
By Messrs. Boyd of Manatee, O'Neill and Chappell of
Marion-
H. J. R. No. 46-XX-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 election.
WHEREAS, the Legislature of the state of Florida has
determined that an emergency requiring an early decision
by the electors of the state exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
state of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special called election as provided by Article
XVII, Section 3 of the state Constitution:
That three-fourths of all members elected to each house
of the legislature does determine that an emergency re-
quiring an early decision by the electors of the state does
exist with reference to this amendment to Article VII of
the Constitution.
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 county hereafter created shall have one (1)
member of the house of representatives until the next
apportionment by the legislature, at which time such
county shall be allocated such representation as is pro-
vided for herein. Any county hereafter created having
a population in excess of two hundred thousand (200,000)
at the time of its creation shall have one (1) senator
which shall be in addition to the total number of senators

otherwise provided for herein, and upon such happening
the total number of senatorial districts otherwise pro-
vided for herein shall be correspondingly increased by
one (1).
Section 2. Representation in the House of Represen-
tatives.-The House of Representatives shall consist of
114 members which shall be apportioned by the legis-
lature among the counties as follows: The most populous
county shall have 8 representatives. The second most
populous county shall have 6 representatives. The next
three (3) most populous counties shall have 5 represen-
tatives each. The next five (5) most populous counties
shall have 3 representatives each. The next 13 most pop-
ulous counties shall have 2 representatives each. Each of
the remaining counties shall have one (1) representative;
provided, however, 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 legislature shall divide the
state into forty-two (42) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber. These districts shall be created with the view of
effecting as equitable representation as practical, with
due regard for geographical area, economic interest and
population feasibility; provided, however, that until their
terms of office expire at the general election of November,
1964, any senator whose district has been abolished shall
continue to hold office as senator for the county of his
residence even though by so doing the total number of
members may exceed forty-two (42).
No county shall be divided in creating a district and
no county shall be separated from the remainder of the
district of which it is a part by more than a county
which was formerly a part of the same district in 1961.
Section 4. Legislative apportionment.-The 1963 leg-
islature 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 a special election called for such
purpose, the legislature shall be apportioned according
to apportionment bills passed at the extraordinary session
of the legislature called by proclamation of the governor
to convene on November 9, 1962, provided nothing in
this amendment shall prohibit any representative or sen-
ator 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 com-
pleting his term to which he was elected and the ad-
ditional 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. 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 first regular session
of the legislature after the next federal decennial census
and at the first regular session of the legislature after
each succeeding federal decennial census and such re-
apportionment shall be based upon the latest preceding
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 re-
apportionment, and such extraordinary session shall man-
datorily 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.

88

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Section 5. State census.-The legislature shall no
longer be required to provide for an enumeration of the
inhabitants of the state. The last preceding decennial
federal census beginning with the federal census of 1960
shall also be the state census and shall control in all
population acts and constitutional apportionments unless
otherwise ordered by the legislature.
-which amendments read as follows:
Amendment No. 1-
In Section 3, line 4, page 2, following "member." insert
the following:
Nineteen (19) districts shall consist of the nineteen
(19) most populous counties according to the latest fed-
eral decennial census. Twenty-three (23) districts shall
be created from the remaining forty-eight (48) counties
of the state.
Amendment No. 2-
Strike out Section 2 and insert in lieu thereof the fol-
lowing:
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 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).
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBERT W. DAVIS,
Secretary of the Senate
Mr. Chappell moved that the House stand in informal
recess until 7:30 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 6:57 P. M., the House stood
in informal recess.
The House reconvened at 7:30 P. M.
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
H. J. R. No. 46-XX-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 election.
-was taken up, pending on request from the Senate
that the House concur in Senate amendments thereto,
which amendments read as follows:
Amendment No. 1.
In Section 3, line 4, page 2, following "member."
insert the following:
Nineteen (19) districts shall consist of the nineteen
(19) most populous counties according to the latest fed-

eral decennial census. Twenty-three (23) districts shall be
created from the remaining forty-eight (48) counties of
the state.
Amendment No. 2.
Strike out Section 2 and insert in lieu thereof the fol-
lowing:
Section 2. House of representatives.-Representation
in the house of representatives of the Florida legisla-
ture shall be apportioned among the several counties of
the state according to population based upon a percent-
age which the total ratio population of the respective
county bears to the total population of the state accor-
ding to the latest federal decennial census.
Each county shall have one (1) representative for each
fraction of one per cent (1%) and an additional rep-
resentative 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. Chappell moved that the House refuse to concur
in Senate Amendment No. 1 to House Joint Resolution
No. 46-XX.
The motion was agreed to and the House refused to
concur in Senate Amendment No. 1 to House Joint Reso-
lution No. 46-XX.
Mr. Chappell moved that the House refuse to concur in
Senate Amendment No. 2 to House Joint Resolution No.
46-XX.
The motion was agreed to and the House refused to
concur in Senate Amendment No. 2 to House Joint Reso-
lution No. 46-XX.
Mr. Chappell moved that the Speaker appoint a con-
ference committee on the part of the House of Repre-
sentatives and that the President of the Senate be re-
quested to appoint a like committee on the part of the
Senate to confer with the House committee to adjust
the differences between the two bodies on the Senate
amendments to House Joint Resolution No. 46-XX.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Sweeny of
Volusia, Stone of Escambia, and Chaires of Dixie as the
conference committee on the part of the House.
The action of the House was ordered certified to the
Senate.
Tallahassee, Florida,
November 28, 1962
The Honorable Mallory E. Home
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 Mathews of the 18th and Johnson of the
6th-
S. B. No. 38-XX (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-two (42) districts; amending section 10.01,
adding section 10.04, Florida Statutes; providing for an
election; providing for filling vacancies; providing ef-
fective date.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate

89

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

And Senate Bill No. 38-XX, contained in the above
message was read the first time by title and referred
to the Select Committee on Constitutional Amendments
& Apportionment.
Tallahassee, Florida
November 28, 1962
The Honorable Mallory E. Horne
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has granted the request
of the House of Representatives, and the President of
the Senate has appointed Senators Hodges, Mathews and
Pope as the conference committee on the part of the
Senate to confer with a like committee appointed by the
Speaker of the House of Representatives to adjust the
differences between the bodies on Senate Amendments to-
By Messrs. Boyd of Manatee and O'Neill and Chappell
of Marion-
H. J. R. No. 46-XX-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 election.
Which Senate Amendments read as follows:
Amendment No. 1: In Section 3, line 4, page 2, fol-
lowing "member." insert the following:
Nineteen (19) districts shall consist of the nineteen
(19) most populous counties according to the latest fed-
eral decennial census. Twenty-three (23) districts shall
be created from the remaining forty-eight (48) counties
of the state.
Amendment No. 2: Strike out Section 2 and insert in
lieu thereof the following:
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 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).
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Mr. Mitchell of Leon moved that the House stand in
informal recess until the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 7:40 P. M., the House stood
in informal recess.
The House reconvened at 10:07 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
Mr. de la Parte introduced Mr. Bill Fritz of Tallahassee,
a student at Florida State University.

REPORT OF THE CONFERENCE COMMITTEE
ON THE SENATE AMENDMENTS TO HOUSE
JOINT RESOLUTION NO. 46-XX
November 28, 1962
The Honorable Wilson Carraway
President of the Senate
Tallahassee, Florida
The Honorable Mallory E. Horne
Speaker of the House of Representatives
Tallahassee, Florida
Sirs:
Your Conference Committee respectfully reports that
it is unable to agree on any compromise of their differ-
ences.
Respectfully submitted,
VERLE POPE
RANDOLPH HODGES
JOHN E. MATHEWS, JR.
Conferees on the part of
the Senate
HAL CHAIRS
GEORGE STONE
JAMES H. SWEENY, JR.
Conferees on the part of the
House of Representatives
Mr. Chappell moved that the foregoing report be ac-
cepted and the committee on the part of the House be
discharged.
The motion was agreed to and it was so ordered.
The Speaker ruled, pursuant to Rule 6, Section 9, that
the report of the conference committee stating inability
to agree does not preclude further action on the measure
by the House.
The question recurred on the request of the Senate
that the House concur in Senate amendments to-
H. J. R. No. 46-XX-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 election.
-which Senate amendments read as follows:
Amendment No. 1-
In Section 3, line 4, page 2, following "member." insert
the following:
Nineteen (19) districts shall consist of the nineteen
(19) most populous counties according to the latest fed-
eral decennial census. Twenty-three (23) districts shall
be created from the remaining forty-eight (48) counties
of the state.
Amendment No. 2-
Strike out Section 2 and insert in lieu thereof the fol-
lowing:
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 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 represent-
ative for each whole per cent based upon its total popu-
lation ratio to the total state population. The house mem-

90

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

bership shall not be less than one hundred (100) and not
more than one hundred sixty-six (166).
Pending consideration thereof-
Mr. Crews of Baker offered the following amendment
to Senate Amendment No. 2 to House Joint Resolution
No. 46-XX:
Strike out entire Section 2 and insert the following in
lieu thereof:
"Section 2. Representation in the house of represent-
atives.-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 (1) representative. Each county shall
have one (1) additional representative for each repre-
sentative ratio or major fraction thereof. Any county
having more than four (4) representative ratios shall
have two (2) representatives 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 decennial census by the
number of counties; provided that until the general elec-
tion 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. Crews moved the adoption of the amendment to
Senate Amendment No. 2.
Pending consideration thereof-
Mr. Chappell of Marion offered the following substitute
amendment to Senate Amendment No. 2 to House Joint
Resolution No. 46-XX:
Strike out Section 2 and insert the following in lieu
thereof:
"Section 2. Representation in the house of represent-
atives.-The House of Representatives shall consist of
one hundred twenty (120) members to be apportioned
among the counties as follows: The most populous county
shall have nine (9) representatives. The second most
populous county shall have six (6) representatives. The
next three most populous counties shall have five (5)
representatives each. The next four most populous coun-
ties shall have four (4) representatives each. The next
two most populous counties shall have three (3) repre-
sentatives each. The next twelve counties shall have two
(2) representatives each. Each of the remaining counties
shall have (1) representative. Provided, however, the first
House of Representatives convening in regular session
following the ratification of this amendment, shall consist
of those representatives elected pursuant to the Consti-
tution of 1885, as amended, and of such additional repre-
sentatives as may be provided for herein when duly
elected."
Mr. Chappell moved the adoption of the substitute
amendment to Senate Amendment No. 2.
A roll call was demanded.
When the vote was taken on the adoption of the sub-
stitute amendment, the result was:
Yeas:

Davis
Fee
Griffin,B.H.,Jr.
Guilford
Inman
Jones
Jordan
Karst
Lancaster
Marshburn
Mattox
McAlpin

Nash
O'Neill
Owens
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell
Russell, C.E.
Saunders, J.A.
Scott
Smith

Stallings
Stevens
Stone
Strickland
Sweeny
Turlington
Wadsworth
Walker
Wells
Whitfield
Williams, B.C.
Williams, J.J.

Nays:
Allsworth
Baker
Bedenbaugh
Boyd
Chiles
Craig
Crews
Daniel
de la Parte
Ducker
Faircloth

Griffin, J.J.,Jr.
Hasson
Hollahan
Holley
Hosford
Karl
Knowles
Land
Liles
Loeffler
Long

Markham
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Peeples
Prescott
Roberts, E.S.
Russ
Russell, J.T.

Saunders, S.D.
Sims
Slade
Smoak
Thomas,A.J.,Jr.
Thomas, J.
Usina
Westberry
Wingate
Wise
Zacchini

Yeas-48.
Nays-44.
The motion was agreed to and the substitute amend-
ment to Senate Amendment No. 2 was adopted.
Mr. Chappell moved that the House reconsider the vote
by which the substitute amendment to Senate Amendment
No. 2 was adopted.
Pending consideration thereof-

Mr. Stallings moved that
laid on the table.
A roll call was demanded.
When the vote was taken
table, the result was:
Yeas:

Adams
Anderson
Arrington
Ayers
Bass
Beck
Bennett
Broxson
Carter
Chaires
Chappell
Cleveland
Nays:
Allsworth
Baker
Bedenbaugh
Boyd
Chiles
Craig
Crews
Daniel
de la Parte
Ducker
Faircloth

Davis
Fagan
Fee
Griffin,B.H.,Jr.
Guilford
Inman
Jones
Jordan
Karst
Knowles
Lancaster
Marshburn

Griffin, J.J.,Jr.
Hasson
Hollahan
Holley
Karl
Land
Liles
Loeffler
Long
Markham
McDonald

the motion to reconsider be

on the motion to lay on the

Mattox
McAlpin
Nash
O'Neill
Owens
Prescott
Putnal
Ramos
Rowell
Russ
Russell, C.E.
Saunders, J.A.

McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Peeples
Roberts, C.A.
Roberts, E.S.
Russell, J.T.
Saunders, S.D.
Sims
Slade

Scott
Smith
Smoak
Stallings
Stevens
Stone
Turlington
Wadsworth
Walker
Wells
Williams, B.C.
Williams, J.J.

Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina
Westberry
Whitfield
Wingate
Wise

Yeas-48.
Nays-42.

The motion was agreed to and the motion to reconsider
the vote by which the substitute amendment to Senate
Amendment No. 2 was adopted, was laid on the table.

Messrs. Hollahan and Faircloth of Dade and Wads-
worth of Flagler offered the following amendment to
Senate Amendment No. 1 to House Joint Resolution No.
46-XX:

Strike out the period at the end thereof and add the
following: ", provided however, each district whose pop-
ulation according to the latest federal decennial census
exceeds five hundred thousand (500,000) shall have two
(2) members, and each district whose population exceeds
one million (1,000,000) shall have three (3) members."

Mr. Hollahan moved the adoption of the amendment
to Senate Amendment No. 1.

91

Adams
Anderson
Arrington
Ayers
Bass
Beck
Bennett
Broxson
Carter
Chaires
Chappell
Cleveland

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

The motion was agreed to and the amendment to Senate
Amendment No. 1 was adopted.
Mr. Chappell moved that the House concur in Senate
Amendments No. 1 and No. 2, as amended by the House.
When the vote was taken on the motion to concur, the

Davis
Fagan
Fee
Griffin, B.H.,Jr.
Griffin, J.J.,Jr.
Guilford
Hasson
Hosford
Inman
Jones
Jordan
Karst
Knowles
Lancaster
Markham
Marshburn
Mattox
McAlpin

Hollahan
Holley
Karl
Land
Liles
Loeffler

McDonald
McLaughlin
Miner
Mitchell, R.O.
Nash
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Scott
Slade

Long
Mitchell, C.J.
O'Neill
Roberts, E.S.
Russell, J.T.
Saunders, S.D.

Smith
Smoak
Stallings
Stevens
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Wingate
Wise

Sims
Thomas, J.
Zacchini

Yeas-72.
Nays-21.
The motion was agreed to by the required Constitu-
tional three-fourths vote of all Members elected to the
House of Representatives, and the House concurred in
the Senate amendments, as amended by the House, to
House Joint Resolution No. 46-XX.
The action of the House, together with House Joint
Resolution No. 46-XX, Senate amendments thereto, and
House amendment to Senate Amendment No. 1 and House
amendment to Senate Amendment No. 2, was ordered
certified to the Senate.
Mr. Turlington moved that the rules be waived and
the House revert to the order of Introduction and refer-
ence 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, CONCURRENT RESOLUTIONS
AND MEMORIALS
By Messrs. Turlington and Fagan of Alachua, Boyd and
Knowles of Manatee, Daniel and Baker of Lake, Owens
of Martin, Ducker and Land of Orange, Jones and Ben-
nett of Bay, Wadsworth of Flagler, O'Neill of Marion,
Liles and de la Parte of Hillsborough, Davis and Cleve-
land of Seminole, Jordan of Sarasota, Beck of Putnam,
Karst of Indian River, Westberry and Stallings of Duval,
Walker of Collier, Williams of Gulf, Wingate of Nassau,
Smith of DeSoto, Fee of St. Lucie, Saunders of Monroe,
McDonald of Suwannee, and Prescott of Walton-
H. R. No. 47-XX-A House Resolution regarding reap-
portionment of the Florida Legislature.

Be It Resolved by the House of Representatives of the State
of Florida:

1. That one house of the Legislature should include
at least one member from each county. This is in keeping
with every proposal passed by either the House or the
Senate since the Federal District Court's reapportionment
opinion of July 23, 1962.
2. That one of the reasons the voters rejected the re-
apportionment amendment in the recent general election
was the unwieldy number of representatives it provided
and the unnecessary expenses that would be involved.
3. That the House sincerely believes that the number
of representatives provided in the recently rejected re-
apportionment amendment is too large to permit the House
to function as a deliberative body and to permit its mem-
bers to have the opportunity for individual expression
and significant legislative participation.
4. That since the state consists of sixty-seven (67)
counties, each meriting at least one member of its own in
the Legislature, it does not now seem reasonable that the
legislative body affording representation to each county
be also required to afford the greatest weight to popula-
tion.
5. That the Secretary of State, as a named defendant,
be requested to file a copy of this resolution with the
Federal Court in connection with the cases of Sobel vs.
Adams and Swann vs. Adams and that a copy hereof be
spread upon the Journal of the House of Representatives.
-was read the first time by title.
Mr. Turlington moved that House Resolution No. 47-XX
be read a second time in full.
The motion was agreed to and House Resolution No.
47-XX was read a second time in full.
Mr. Turlington moved the adoption of the resolution.
A roll call was demanded.
When the vote was taken on the adoption of the resolu-
tion, the result was:
Yeas:

Mr. Speaker
Adams
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Cleveland
Daniel
Davis
de la Parte
Ducker
Fagan
Fee
Nays:
Allsworth
Carter
Chappell
Chiles
Yeas-67.
Nays-16.

Griffin, J.J.,Jr.
Guilford
Hasson
Jones
Jordan
Karl
Karst
Knowles
Lancaster
Land
Liles
Loeffler
Markham
Marshburn
Mattox
McAlpin
McDonald

Craig
Crews
Faircloth
Holley

The motion was agreed
47-XX was adopted.

Mitchell, C.J.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Long
Miner
Roberts, E.S.
Russell, J.T.

Slade
Smith
Smoak
Stallings
Stevens
Stone
Turlington
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Zacchini

Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Usina

to and House Resolution No.

UNFINISHED BUSINESS
H. B. No. 8-XX- A bill to be entitled An Act
providing for the apportionment of the membership of the
Senate and the House of Representatives of the Florida

92

result was:
Yeas:
Mr. Speaker
Adams
Anderson
Arrington
Ayers
Bass
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Crews
Daniel
Nays:
Allsworth
Baker
Beck
de la Parte
Ducker
Faircloth

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Legislature by amending Sections 10.01 and 10.03, and
creating Section 10.04, Florida Statutes; providing an ef-
fective date.
-was taken up, having been read a second time earlier
today and amended.
Mr. O'Neill of Marion offered the following amendment
to House Bill No. 8-XX.
Strike out everything following the enacting clause
and insert the following in lieu thereof:
Section 1. Section 10.03, Florida Statutes, is amended
to read:
10.03 Apportionment of house of representatives.-
As provided in Art. VII, 3, State Constitution:
(1) There shall be ninety-five members of the house
of representatives to be apportioned among the several
counties as follows, to wit:

COUNTY
Dade
Duval
Hillsborough
Pinellas
Broward
Orange
Palm Beach
Polk
Escambia
Volusia
Brevard
Sarasota
Leon
Alachua
Manatee
Bay
Okaloosa
Lake
Seminole
Lee
Marion
Monroe
Gadsden
St. Lucie
Pasco
Jackson
Putnam
St. Johns
Santa Rosa
Indian River
Highlands
Columbia

NUMBER OF
REPRESENTATIVES
3
3
3
3
3
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1

93

NUMBER OF
COUNTY REPRESENTATIVES
Clay 1
Osceola 1
Nassau 1
Martin 1
Collier 1
Walton 1
Suwannee 1
Madison 1
Taylor 1
Charlotte 1
Bradford 1
Hardee 1
Sumter 1
DeSoto 1
Washington 1
Hernando 1
Holmes 1
Levy 1
Gulf 1
Jefferson 1
Citrus 1
Hendry 1
Hamilton 1
Calhoun 1
Baker 1
Franklin 1
Okeechobee 1
Union 1
Wakulla 1
Flagler 1
Dixie 1
Liberty 1
Glades 1
Lafayette 1
Gilchrist 1
(2) It is hereby declared the apportionment provided
for in subsection (1) hereof is made in accordance with
the federal census of 1960.
(3) Notwithstanding the provisions of this act the
counties of Polk, St. Johns and Jackson shall continue
to have the same number of representatives to which they
were entitled prior to the 1960 census, until the general
election of 1966, at which time they shall have the number
of representatives provided by subsection (1).
Section 2. Chapter 10, Florida Statutes, is amended by
adding section 10.04, to read
10.04 Legislative apportionment.-
(1) 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. Any representative or senator elected in the

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

1962 general election pursuant to the constitution of 1885,
as amended, shall serve in said office for the term for
which he was elected, and any senator now serving shall
complete his term to which he was elected. 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 shall be held
within one hundred and twenty (120) days after the
effective date hereof. The apportionment herein provided
is based on the federal decennial census of 1960.
(2) The members of the house of representatives shall
be elected for terms of two (2) years and members of the
senate shall be elected for terms of four (4) years, except
as herein provided. The terms of members of the legisla-
ture shall expire on the first Tuesday after the first Mon-
day of each election year for the election of members of
the senate and house of representatives.
Section 3. This act shall take effect immediately upon
becoming a law.
Mr. O'Neill moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. O'Neill of Marion offered the following amendment
to House Bill No. 8-XX:
Strike out the title and insert the following in lieu
thereof:
"An Act providing for the apportionment of the mem-
bership of the House of Representatives of the Florida
Legislature by amending Section 10.03, and creating Sec-
tion 10.04, Florida Statutes; providing an effective date."
Mr. O'Neill moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. O'Neill moved that the rules be waived and House
Bill No. 8-XX, as further amended, be read a third time
in full and placed upon its passage.
A roll call was demanded.
When the vote was taken on the motion the result was:
Yeas:

Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Broxson
Carter
Chappell
Craig
Crews
Daniel
Nays:
Allsworth
Bennett
Boyd
Chiles
Cleveland
Davis
de la Parte
Ducker
Fagan
Yeas-56.
Nays-33.

Fee
Griffin, J.J.,Jr.
Guilford
Jones
Karl
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
Miner
Mitchell, C.J.

Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, S.D.
Sims
Slade

Faircloth Loeffler
Griffin, B.H.,Jr. Long
Hasson McLaughlin
Hollahan Ramos
Holley Roberts, E.S.
Jordan Russell, J.T.
Knowles Saunders, J.A.
Land Scott
Liles Stone

Smith
Smoak
Stallings
Stevens
Strickland
Sweeny
Thomas,A.J.,Jr.
Turlington
Usina
Wadsworth
Whitfleld
Williams, B.C.
Williams, J.J.
Wingate

Thomas, J.
Walker
Wells
Westberry
Wise
Zacchini

The motion was not agreed to by a two-thirds vote and

House Bill No. 8-XX, as further amended, was not read
a third time in full.
Mr. Bennett moved that the House stand in informal
recess.
The motion was agreed to.
Thereupon, at the hour of 11:35 P. M., the House stood
in informal recess.
The House reconvened at 11:40 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
November 28, 1962
The Honorable Mallory E. Home
Speaker of the House of Representatives
Sir:
I am directed by the Senate to inform the House of
Representatives that the Senate has refused to concur in
House Amendments to Senate Amendments Nos. 1 and 2 to:
By Messrs. Boyd of Manatee and O'Neill and Chappell
of Marion-
H. J. R. No. 46-XX-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 election.
WHEREAS, the Legislature of the state of Florida has
determined that an emergency requiring an early decision
by the electors of the state exists, and
WHEREAS, an amendment to the Constitution dealing
with the matter of reapportionment of representation in
the Legislature should be submitted to the voters of the
state of Florida at the earliest possible time, NOW,
THEREFORE,
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 a special called election as provided by
Article XVII, Section 3 of the state Constitution:
That three-fourths of all members elected to each house
of the legislature does determine that an emergency re-
quiring an early decision by the electors of the state
does exist with reference to this amendment to Article
VII of the Constitution.
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 county hereafter created shall have one (1)
member of the house of representatives until the next
apportionment by the legislature, at which time such
county shall be allocated such representation as is pro-
vided for herein. Any county hereafter created having

94

November 28, 1962 JOURNAL OF THE HOUSE OF REPRESENTATIVES

a population in excess of two hundred thousand (200,000)
at the time of its creation shall have one (1) senator
which shall be in addition to the total number of senators
otherwise provided for herein, and upon such happening
the total number of senatorial districts otherwise provided
for herein shall be correspondingly increased by one (1).
Section 2. Representation in the House of Representa-
tives.-The House of Representatives shall consist of 114
members which shall be apportioned by the legislature
among the counties as follows: The most populous county
shall have 8 representatives. The second most populous
county shall have 6 representatives. The next three (3)
most populous counties shall have 5 representatives each.
The next five (5) most populous counties shall have 3
representatives each. The next 13 most populous counties
shall have 2 representatives each. Each of the remaining
counties shall have one (1) representative; provided,
however, 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 legislature shall divide the
state into forty-two (42) senatorial districts, each of
which shall be represented in the senate by one (1) mem-
ber. These districts shall be created with the view of
effecting as equitable representation as practical, with due
regard for geographical area, economic interest and pop-
ulation feasibility; provided, however, that until their
terms of office expire at the general election of November,
1964, any senator whose district has been abolished shall
continue to hold office as senator for the county of his
residence even though by so doing the total number of
members may exceed forty-two (42).
No county shall be divided in creating a district and
no county shall be separated from the remainder of the
district of which it is a part by more than a county which
was formerly a part of the same district in 1961.
Section 4. Legislative apportionment.-The 1963 leg-
islature 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 a special election called for such
purpose, the legislature shall be apportioned according
to apportionment bills passed at the extraordinary session
of the legislature called by proclamation of the governor
to convene on November 9, 1962, provided nothing in this
amendment shall prohibit any representative or senator
elected in the 1962 general election pursuant to the Con-
stitution 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 com-
pleting his term to which he was elected and the addi-
tional 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. 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 first regular session
of the legislature after the next federal decennial census
and at the first regular session of the legislature after
each succeeding federal decennial census and such reap-
portionment shall be based upon the latest preceding
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 re-
apportionment, and such extraordinary session shall man-
datorily be required to reapportion its membership before
adjournment, and such extraordinary session so called
shall not expire until reapportionment is effected and

95

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 1960
shall also be the state census and shall control in all
population acts and constitutional apportionments unless
otherwise ordered by the legislature.
-which Senate Amendment No. 1 reads as follows:
In Section 3, line 4, page 2, following "member." insert
the following: Nineteen (19) districts shall consist of
the nineteen (19) most populous counties according to
the latest federal decennial census. Twenty-three (23)
districts shall be created from the remaining forty-eight
(48) counties of the state.
-and which House amendment to Senate Amendment
No. 1 reads as follows:
Strike out the period at the end thereof and add the
following:
", provided however, each district whose population
according to the latest federal decennial census exceeds
five hundred thousand (500,000) shall have two (2) mem-
bers, and each district whose population exceeds one mil-
lion (1,000,000) shall have three (3) members."
-which Senate Amendment No. 2 reads as follows:
Strike out Section 2 and insert in lieu thereof the
following:
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 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).
-and which House amendment to Senate Amendment
No. 2 reads as follows:
Strike out Section 2 and insert the following in lieu
thereof:
"Section 2. Representation in the house of representa-
tives.-The House of Representatives shall consist of one
hundred twenty (120) members to be apportioned among
the counties as follows: The most populous county shall
have nine (9) representatives. The second most populous
county shall have six (6) representatives. The next three
most populous counties shall have five (5) representatives
each. The next four most populous counties shall have four
(4) representatives each. The next two most populous
counties shall have three (3) representatives each. The
next twelve counties shall have two (2) representatives
each. Each of the remaining counties shall have (1) rep-
resentative. Provided, however, the first House of Repre-
sentatives convening in regular session following the
ratification of this amendment, shall consist of those rep-
resentatives elected pursuant to the Constitution of 1885,
as amended, and of such additional representatives as
may be provided for herein when duly elected."
-and again respectfully requests the House to recede
from House Amendments thereto and to concur in the
Senate Amendments.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 28, 1962

Pending consideration of the request of the Senate-
Mr. Crews of Baker offered the following amendment to
Senate Amendment No. 2 to House Joint Resolution No.
46-XX:
Strike out Section 2 and insert the following in lieu
thereof:
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 (1) representative. Each county shall
have one (1) additional representative for each repre-
sentative ratio or major fraction thereof. In addition to
all other representatives herein provided, any county hav-
ing more than four (4) representative ratios and less
than six (6), shall have one (1) additional representative;
any county having more than six (6) ratios and less than
eight (8) shall have two (2) additional representatives;
and any county with more than eight (8) ratios shall
have three (3) additional representatives. The representa-
tive 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.
Mr. Crews moved the adoption of the amendment to
Senate Amendment No. 2.
A roll call was demanded.
When the vote was taken on the adoption of the amend-
ment, the result was:

Mr. Crews moved that the House concur in Senate
Amendment No. 1, as amended by the House, and Senate
Amendment No. 2, as further amended by the House, to
House Joint Resolution No. 46-XX.
When the vote was taken on the motion, the result was:
Yeas:

Mr. Speaker
Adams
Arrington
Ayers
Bass
Beck
Bedenbaugh
Boyd
Broxson
Chaires
Chappell
Chiles
Cleveland
Craig
Nays:
Allsworth
Anderson
Baker
Bennett
Carter
Davis
de la Parte
Ducker
Fagan
Fee
Yeas-55.
Nays-37.

Crews
Daniel
Faircloth
Griffin, J.J.,Jr.
Hasson
Hollahan
Hosford
Inman
Jones
Jordan
Karst
Lancaster
Markham
Marshburn

McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
Peeples
Prescott
Pruitt
Putnal
Roberts, C.A.
Russ
Saunders, S.D.
Scott

Griffin, B.H.,Jr. O'Neill
Guilford Owens
Holley Ramos
Karl Roberts, E.S.
Knowles Rowell
Land Russell, C.E.
Liles Russell, J.T.
Loeffler Saunders, J.A.
Long Smith
Mattox Stallings

Sims
Slade
Smoak
Stevens
Strickland
Thomas,A.J.,Jr.
Usina
Westberry
Whitfleld
Williams, B.C.
Williams, J.J.
Wingate
Wise

Stone
Thomas, J.
Turlington
Wadsworth
Walker
Wells
Zacchlni

Yeas:
Mr. Speaker
Adams
Allsworth
Arrington
Ayers
Baker
Beck
Bedenbaugh
Boyd
Broxson
Carter
Chaires
Chappell
Nays:

Chiles
Cleveland
Craig
Crews
Daniel
Faircloth
Fee
Hollahan
Hosford
Inman
Jones
Jordan
Karl

Anderson Holley
Bass Karst
Bennett Knowles
Davis Lancaster
de la Parte Land
Ducker Liles
Pagan Loeffler
Griffin, B.H.,Jr. Marshburn
Griffin, J.J.,Jr. Mattox
Guilford Owens
Yeas-51.
Nays-38.

Long
Markham
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Peeples
Prescott
Pruitt
Roberts, C.A.

Putnal
Ramos
Roberts, E.S.
Rowell
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Smith
Smoak
Stallings

Saunders, S.D.
Scott
Sims
Slade
Strickland
Thomas,A.J.,Jr.
Usina
Westberry
Whitfield
Williams, B.C.
Wingate
Wise

Stevens
Stone
Thomas, J.
Turlington
Wadsworth
Walker
Wells
Zacchini

The motion was agreed to and the amendment to Senate
Amendment No. 2 was adopted.

The motion was not agreed to by the required Consti-
tutional three-fourths vote of all Members elected to the
House of Representatives, and the House refused to concur
in the Senate amendments, as further amended by the
House, to House Joint Resolution No. 46-XX.

The question recurred on the request of the Senate that
the House recede from its amendments to Senate Amend-
ments No. 1 and No. 2 to House Joint Resolution No.
46-XX.

Mr. Arrington moved that the House again refuse to
recede from its amendments to the Senate amendments
to House Joint Resolution No. 46-XX and request the
President of the Senate to appoint a conference committee
on the part of the Senate to confer with a like committee
on the part of the House to be appointed by the Speaker
of the House to adjust the differences existing between
the two bodies on the House amendments to the Senate
amendments to House Joint Resolution No. 46-XX.

The motion was agreed to and the action of the House
was ordered certified to the Senate.

Thereupon, the House stood in informal recess.

The hour of 12:00 Midnight of the twentieth day of
the extraordinary session called by the Governor under
Article IV, Section 8, of the Constitution of the State of
Florida, having arrived, the House stood adjourned sine
die.

96

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

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