Journal
of the

House of Representatives

January 29, 1963, through February 1, 1963

EXTRAORDINARY SESSION
on Reapportionment
Pursuant to
Article IV, Section 8
Florida Constitution

MEMBERS OF THE HOUSE OF REPRESENTATIVES
Extraordinary Session January-February, 1963

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. O. 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 January-February, 1963

Speaker-Mallory E. Horne
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 January-February, 1963

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. O. 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 January-February, 1963

Speaker-Mallory E. Horne
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

Tuesday, January 29, 1963

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

The following proclamation of the Governor convening
the Legislature in extraordinary session was read by the
Honorable Mallory E. Home, Speaker of the House of
Representatives:
STATE OF FLORIDA
EXECUTIVE DEPARTMENT
TALLAHASSEE
TO THE HONORABLE MEMBERS OF
THE SENATE AND THE HOUSE OF
REPRESENTATIVES:
WHEREAS, in the General Election of 1962 the people
of the State of Florida rejected 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, subsequent to the General Election, I
called the Florida Legislature into extra session on No-
vember 9, 1962; that body labored until November 28,
1962, at which time the session was terminated by opera-
tion of law without effecting a solution of the reappor-
tionment problem, and
WHEREAS, the responsibility for apportionment of the
Florida Legislature is delegated to that body by the Flor-
ida Constitution and it is my desire to preserve to the
elected representatives of the people of Florida this
decision-making power if at all possible, and
WHEREAS, it clearly appears that the Legislature
must now either exercise its responsibility to fairly ap-
portion prior to the 1963 regular session or relinquish to
the Federal Courts that portion of our state sovereignty;
NOW, THEREFORE, I, Farris Bryant, by virtue of the
power and authority vested in me by Article IV, Section
8, of the Constitution of the State of Florida, do hereby
convene the Legislature of the State of Florida in extra
session at the Capital at 11:00 a.m. on January 29, 1963,
for the sole and exclusive purpose of considering reappor-
tionment of the Florida Legislature.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused
the Great Seal of the State of Flor-
ida to be affixed at Tallahassee, the
Capital, this 23rd day of January,
A.D., 1963.
FARRIS BRYANT
Governor
ATTEST:
TOM ADAMS
Secretary of State
The House was called to order by the Speaker at 11:00
A.M.
The roll was taken and the following Members were
recorded present:

Mr. Speaker
Adams
Allsworth
Anderson

Arrington
Baker
Bass
Beck

Bedenbaugh
Bennett
Boyd
Broxson

Carter
Chaires
Chappell
Chiles

Cleveland
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
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens

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: Messrs. Ayers, Crews, Craig, Miner, and
Peeples.
A quorum present.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain:
Dear God For all the blessings of which we are
aware, and for those we know nothing about, we give
thanks. Whatever it takes to make us better men, give
it to us For Christ's sake. Amen.
COMMUNICATION
The following message from the Governor was received
and read:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE
January 29, 1963
The Honorable Wilson Carraway
President of the Senate
Capitol Building
Tallahassee, Florida
The Honorable Mallory E. Home
Speaker of the House of Representatives
Capitol Building
Tallahassee, Florida
Gentlemen:
The history of efforts to reapportion the Legislature of
the State need not be repeated. The seriousness of our
current position cannot be overstated.
The District Court of the United States for the Southern
District of Florida has found that the existing provisions
of the Constitution and statutes of the State of Florida
which relate to the apportionment for the nomination and
election of the members of the Senate and House of
Representatives of the Legislature of Florida are invidi-
ously discriminatory. It stated the obvious fact that "the
duty to place the State in compliance with the require-
ment of the United States Constitution rests primarily
and rests heavily upon the State itself." It warned that

1

2 JOURNAL OF THE HOUSE

"should the State fail or neglect to perform this obliga-
tion with that dispatch which the urgency of the matter
requires the then less desirable reapportionment by judi-
cial decree would be required." It noted that there was
"ample time for a valid reapportionment to be made and
become effective prior to the time for the convening of
the regular legislative session in 1963."
If you fail in this special session to produce a plan for
apportionment acceptable to the Federal Court the conse-
quences will be grave.
1. It is possible that some action of the Federal Court
will preclude the conduct of a legislative session begin-
ning April 2 as called for by our State Constitution.
2. It is possible that every act of the Legislature, if it
meets, will be subject to successful challenge in the Fed-
eral Court.
3. It is possible that the Court will itself undertake
reapportionment.
It was my intention not to call the Legislature back
into session without agreement on a plan for apportion-
ment, but further consideration of these consequences
caused me to abandon that intent. I do not wish, by
either omission or commission, to contribute to a failure
by the Legislature to do its duty or to its inability to
exercise the sovereign prerogatives of the State entrusted
to it.
I recognize that it is possible that the Federal Court
will conclude that for the general welfare or other suffi-
cient reason further opportunity must be granted to the
Legislature to perform its duty, particularly in view of
the fact that the requirement for a three-fourths vote for
submitting a constitutional proposal to the people on an
emergency basis provided an insuperable obstacle, pre-
cluding by the formidable degree of unanimity required
those reasonable compromises normally productive of
sound legislation; but to lean the welfare of our State on
this slender reed is to incur an unconscionable risk.
I further recognize that reapportionment by statute
inconsistent with the terms of the Constitution of the
State of Florida may be held void by the courts of the
State of Florida. This is a horn of our dilemma we can
neither avoid nor control.
Proposals are advanced for adopting a plan for reappor-
tionment of the State Senate within the limit of 38 set by
the Florida Constitution. Such a plan is attractive, par-
ticularly for those of us who believe so deeply in state
sovereignty. It runs directly into the face of the expres-
sion by the District Court which I earlier quoted to the
effect that our present constitutional provisions are in-
vidiously discriminatory. Such a plan, if adopted, should
be strengthened by an improvement in the present plan
for apportionment of the House of Representatives. Thus
strengthened its chances for judicial approval would, in
my opinion, be adequate.
The only other guidelines I find in the Court's opinion
are those offered by its approval of the plan submitted to
the electorate in November. Any plan adopted by you
in this session must meet the standards set by the Court
in approving that proposal, so far as they are apparent.
I am eager to reach an early conclusion for this prob-
lem, but I would not have you feel that my eagerness to
reach a conclusion can be converted into a willingness
to approve any conclusion. It would appear to me that
the equity of the proposal submitted by you to the people
last November should be a minimum.
The time for debate has long since passed. The time
for action is at hand.
Respectfully,
FARRIS BRYANT
Governor

IE

OF REPRESENTATIVES January 29, 1963

INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Chappell of Marion-
H. R. No. 1-X(63)-A House Resolution providing for the
rules of procedure of the House of Representatives of
the 1963 Extraordinary Session of the Florida Legisla-
ture, convened on January 29, 1963.
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 Pro-
cedure of the Florida House of Representatives, the
Speaker is hereby authorized to establish appropriate
select committees for the purpose of accomplishing the ob-
jectives envisioned by the call of the Governor.
-was read the first time by title.
Mr. Chappell moved that House Resolution No. 1-X(63)
be read the second time in full.
The motion was agreed to, and House Resolution No.
,1-X(63) was read the second time in full.
Mr. Chappell moved the adoption of the resolution.
The motion was agreed to, and House Resolution No.
1-X(63) was adopted.
By Mr. McAlpin of Hamilton-
H. R. No. 2-X(63)-A House Resolution providing for
the policies of the House of Representatives of the 1963
Extraordinary Session of the Florida Legislature, con-
vened on January 29, 1963.
Be It Resolved by the House of Representatives of the State
of Florida:
1. That the Speaker of the House of Representatives
is hereby authorized to employ such attaches as he may
deem necessary for the conduct of the business of the
House for this extraordinary session.
2. That each member of the House of Representatives
shall be paid mileage as allowed by law.
3. That such copies of the Daily Journal and of the
Daily Calendar as may, from time to time, be deemed ne-
cessary 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-X(63)
be read the second time in full.
The motion was agreed to, and House Resolution No.
2-X(63) 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-X(63) was adopted.
Mr. Griffin of Polk moved that a committee be appointed
to inform the Senate that the House is organized and
ready to transact business.
The motion was agreed to.

JOURNAL OF THE HOI

Thereupon, the Speaker appointed Messrs. Griffin of
Polk, Smith of DeSoto, and Wells of Escambia as the com-
mittee which retired and after a brief absence returned
and reported that they had performed their duty and were
thereupon discharged.
Mr. Rowell of Sumter moved that a committee be ap-
pointed to wait upon His Excellency, Governor Farris
Bryant, and notify him that the House of Representatives
is organized and ready to transact business.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Rowell of
Sumter, Mattox of Polk, and Wingate of Nassau as the
committee which retired and after a brief absence re-
turned and reported that they had performed their duty
and were thereupon discharged.
A committee consisting of Senators Williams of the 4th,
Johnson of the 19th, and Askew of the 2nd appeared at
the Bar of the House of Representatives and reported that
the Senate was organized and ready to transact business.
ANNOUNCEMENTS
The Speaker announced the appointment of the follow-
ing Select Committees in accordance with the provisions
of House Resolution No. 1-X(63):
SELECT COMMITTEE ON RULES & CALENDAR
Messrs. Chappell of Marion, Chairman; Rowell of Sum-
ter, Vice-Chairman; Anderson of Jefferson, Arrington of
Gadsden, Ayers of Hernando, Beck of Putnam, Bennett of
Bay, Chaires of Dixie, Chiles of Polk, Cleveland of Sem-
inole, Faircloth of Dade, Griffin of Osceola, Lancaster of
Gilchrist, Marshburn of Levy, McDonald of Suwannee,
O'Neill of Marion, Peeples of Glades, Putnal of Lafayette,
Turlington of Alachua, Westberry of Duval, and Wise of
Okaloosa.
SELECT COMMITTEE ON CONSTITUTIONAL
AMENDMENTS & APPORTIONMENT
Messrs. Daniel of Lake, Chairman; Sweeny of Volusia,
Vice-Chairman; Allsworth of Broward, Boyd of Manatee,
Carter of Washington, Chaires of Dixie, Fagan of Ala-
chua, Griffin of Polk, Hollahan 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, Strick-
land of Citrus, Thomas of Palm Beach, Walker of Collier,
and Wingate of Nassau.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS, AND MEMORIALS
By Mr. Holley of Pinellas-
H. J. R. No. 3-X(63)-A joint resolution containing a
legislative finding of facts and proposing an amend-
ment 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
Court 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 political entities
for local government purposes as well as being legal
political divisions of the state, and as legal political divi-
sions of the state they have a nature akin to govern-
mental agencies. The legislature further recognizes that
the counties, as legal political units of the state, have
community characteristics and beliefs, many of which are
embedded in history, and therefore have become con-

January 29, 1963

JSE OF REPRESENTATIVES 3

venient, 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 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 municipalities within them, are highly dependent 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 respective
counties or municipalities to which they apply, and there-
fore the election of at least one member of the legislature
from each county is entirely rational. The legislature
finds no authority in the United States Constitution or the
holdings of the Supreme Court of the United States to
authorize either the Supreme Court of the United States
or an inferior federal court, bound by state law in sub-
stantive 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 sub-
stantial interests in the state's laws and a role of effective
participation in state government. The legislature there-
fore finds as a fact that the interests of all inhabitants
of the state can best be served by having one house of
its legislature representative of the legal political units
of the state, namely the counties, while the other is appor-
tioned by a formula related 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 the general election in 1964.
Section 3. That Article VII of the Constitution of the
State of Florida be amended to be 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 inhab-
itants of the state are best served by having one house
of the legislature representative of registered electors and
one representative of legal political units 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 provisions 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 employed as the basis for representation 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 terms of four
(4) years. Of the 115 representatives, fifty-eight (58)
shall be elected at one general election and fifty-seven
(57) at the general election two (2) years thereafter. The
terms 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 en-
titled 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

4 JOURNAL OF THE HOUSE

of one (1) senator from each of the several counties of
the state, and each county shall 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 repre-
sentative districts, such districts to be determined as
provided herein, but no county shall be divided in creating
a district. If 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 a repre-
sentative district. The remaining counties shall be com-
bined into multiple county districts as follows: (a) Coun-
ties shall be combined until their total of elector registra-
tion exceeds 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 a district is not entitled to a representative after a
quotient has been determined, the county or counties of
such district shall be included in the adjoining district
or districts having the highest fraction of a quotient,
without respect to whole numbers in the quotient.
The elector registration of each district shall be divided
by the unit of registration 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 de-
scending to the districts having the next highest fractions
of a whole number until all representatives are allocated.
Section 4. Period of transition; filling offices.-Until
the general election of 1974 the Legislature shall be com-
posed of those legislators elected November 4, 1964, those
holding office by virtue of election prior to November 4,
1964, and those additional legislators provided for in this
section. Upon the ratification of this Article the Legisla-

E

"OF REPRESENTATIVES January 29, 1963

ture shall be apportioned according to an apportionment
bill passed at the 1963 session of the Legislature, and the
legislative offices created by this Article which are
vacant shall be filled by and at a special election to be
held in the affected Senate or Representative districts,
as provided by law, such election to be held within 120
days after the ratification hereof. No term of office shall
be reduced by reason of this Article.
Section 5. Reapportionment.-The Legislature shall
reapportion its representation in the House by concurrent
resolution in accordance with this Article at the 1973
regular session of the Legislature and at the regular ses-
sion every ten (10) years thereafter, such reapportion-
ment to be based upon the number of registered electors
qualified to vote in the latest preceding general election.
No Representative's term of office shall be reduced by
reason of reapportionment in accord herewith. In the
event the Legislature should fail to reapportion the repre-
sentation in the House as required by this Article, the
Governor shall call the Legislature together in extraordi-
nary session to consider the question of reapportionment,
and such extraordinary session shall mandatorily be re-
quired to reapportion the House membership before ad-
journment, and such extraordinary session so called shall
not expire until reapportionment is effected, and the
Legislature shall consider no business other than reappor-
tionment until reapportionment is effected.
Section 6. State census.-The last preceding decen-
nial 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 7. Severability clause.-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 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.
Mr. Chappell moved that the House adjourn to recon-
vene at 11:00 A. M. tomorrow.
The motion was agreed to.
Thereupon at the hour of 11:20 A. M., the House stood
adjourned until 11:00 A. M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Wednesday, January 30, 1963

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:

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. Crews.
A quorum present.
The following prayer was offered by Dr. C. A. Roberts,
Chaplain:
Dear Heavenly Father:
We give thanks for the privilege of being in this place-
at this time-and for the purpose which these walls speak.
To breathe free air-and while so doing-protect the free-
dom of others. We humbly confess that the only true free-
dom we shall ever know, comes from Thee. In Christ's
Name. Amen.
CORRECTION OF THE JOURNAL
The Journal for Tuesday, January 29, was ordered cor-
rected, and as corrected was approved.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, CON-
CURRENT RESOLUTIONS AND MEMORIALS.
By Mr. Holley of Pinellas-
H. B. No. 4-X(63)- A bill to be entitled An Act
relating to apportionment of the senate and the house of
representatives; repealing sections 10.01, 10.02 and 10.03,
Florida statutes; providing for thirty-nine (39) represen-
tative districts; providing for senatorial districts; appor-
tioning the membership of the house of representatives;
providing for a special election; providing for filling va-
cancies; providing for an effective date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Messrs. Turlington of Alachua, Chappell of Marion,
Fagan of Alachua and Horne of Leon-
H. J. R. No. 5-X(63)-A Joint Resolution proposing an
amendment of Article VII of the Constitution of the State

5

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

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 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 re-
jection.
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the State of Florida shall consist of a senate and
a house of representatives. Members of the senate shall
be elected for a term of four (4) years and members of
the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be entitled
to one (1) member in the house of representatives in ex-
cess of any limit prescribed in the following sections of
this article until the next reapportionment and the county
shall be assigned when created to a senatorial district as
determined by the legislature.
Section 2. Representation in the House of Represen-
tatives.-Representation in the house of representatives
shall consist of one hundred ten (110) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representatives
shall be assigned to the counties in proportion to popula-
tion. When any county has ten or more representatives,
such county shall be divided into representative districts
which shall be established by the board of county com-
missioners of such county or in accordance with law, and
the representatives of said county shall reside in and be
elected from said districts. The populations of the respec-
tive counties for the purposes of this section shall be con-
fined to citizens of the United States and shall not include
foreign born persons who have not become naturalized.
Provided, however, that the 1963 House of Representa-
tives shall consist of the ninety-five (95) representatives
duly elected at the general election of 1962 and of fifteen
(15) additional representatives as provided for by law.
Section 3. The legislature shall reapportion the repre-
sentation 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 4. 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 & Appor-
tionment.
By Mr. Jones of Bay-
H. B. No. 6-X(63)- 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.

JOURNAL OF THE HOUSE OF REPRESENTATIVES January 30, 1963

The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
By Messrs. Thomas of Bradford, Horne and Mitchell
of Leon, Turlington and Fagan of Alachua, Bennett and
Jones of Bay, Pruitt of Brevard, Allsworth and Long of
Broward, Guilford of Calhoun, Smoak of Charlotte, Strick-
land of Citrus, Saunders of Clay, Walker of Collier,
Bedenbaugh of Columbia, Hollahan, Faircloth and
Matthews of Dade, Smith of DeSoto, Chaires of Dixie,
Slade, Westberry and Stallings of Duval, Wells and Stone
of Escambia, Wadsworth of Flagler, Nash of Franklin,
Inman and Arrington of Gadsden, Lancaster of Gilchrist,
Peeples of Glades, Williams of Gulf, McAlpin of Hamil-
ton, Bass of Hardee, Miner of Hendry, Ayers of Hernando,
Adams of Highlands, Liles, Zacchini and de la Parte of
Hillsborough, Williams of Holmes, Karst of Indian River,
Sims and Mitchell of Jackson, Anderson of Jefferson, Put-
nal of Lafayette, Daniel and Baker of Lake, Scott of Lee,
Marshburn of Levy, Hosford of Liberty, Russell of Madi-
son, Boyd and Knowles of Manatee, O'Neill and Chappell
of Marion, Owens of Martin, Ramos and Saunders of Mon-
roe, Wingate of Nassau, McLaughlin and Wise of Oka-
loosa, Markham of Okeechobee, Land and Ducker of Or-
ange, Griffin of Osceola, Thomas and Roberts of Palm
Beach, Stevens of Pasco, Russell, Holley and Loeffier of
Pinellas, Chiles, Mattox and Griffin of Polk, Beck of Put-
nam, Usina and Craig of St. Johns, Fee of St. Lucie, Brox-
son of Santa Rosa, Hasson and Jordan of Sarasota, Cleve-
land and Davis of Seminole, Rowell of Sumter, McDonald
of Suwannee, Whitfield of Taylor, Roberts of Union, Karl
and Sweeny of Volusia, Russ of Wakulla, Prescott of
Walton, and Carter of Washington.
II. R. No. 7-X(63)-A resolution extending greetings to
the Honorable John J. Crews.
WHEREAS, the Honorable John J. Crews, member of
the House of Representatives of the State of Florida, is
held in the highest esteem and affection by the members
of this House, and
WHEREAS, this valuable colleague now lies ill, unable
to take his seat as this House assembles at this critical
moment in the history of Florida, and
WHEREAS, his absence from our midst, being sorely
felt and depriving this House of the warm and cordial in-
fluence that is unique in him, does greatly add to the
difficulty of the task facing the House, and
WHEREAS, this House, individually and collectively,
deplores the absence of this revered and honored col-
league and friend, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:
That the members of this House, in extraordinary ses-
sion assembled, do unanimously extend to our absent
friend and colleague, the Honorable John J. Crews, our
warmest greetings and assurances that he is sorely missed,
and do assure him of our deep and heartfelt prayers for
his early and complete recovery from the illness which
has deprived us temporarily of his highly valued aid and
influence.
BE IT FURTHER RESOLVED that this resolution be
immediately dispatched to the Honorable John J. Crews.
-was read the first time by title.
Mr. Thomas of Bradford moved that House Resolution
No. 7-X(63) be read the second time in full.
The motion was agreed to, and House Resolution No.
7-X(63) was read the second time in full.
Mr. Thomas of Bradford moved the adoption of the
resolution.

The motion was agreed to, and House Resolution No.
7-X(63) was adopted.
By Messrs. Matthews, Faircloth, and Hollahan of
Dade-
H. J. R. No. 8-X (63)-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; providing for a special
election.
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.
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 to Ar-
ticle VII of the Constitution.
ARTICLE VII
Section 3. Apportionment of representation in senate
and house of representatives.-The senate shall consist of
thirty-eight (38) members which shall be apportioned by
the legislature at its first regular session after the re-
turn of each federal census. The legislature shall pro-
vide for the thirty-eight (38) senatorial districts as fol-
lows: The senatorial ratio shall be found by dividing the
population of the state at the last federal census by thirty
(30). Each county having a population greater than one
half (1/2) ratio shall be entitled to one (1) senator for
each senatorial ratio or major fraction thereof. All coun-
ties having a population at the last federal census less
than one half (1/2) ratio shall be grouped into as many
senatorial districts as there are senatorial seats not al-
lotted to counties having a population greater than one
half (1/2) senatorial ratio and one (1) senator shall be
assigned to each such district; provided, however, that
no senatorial district shall have a population less than one
third (1/3) a senatorial ratio.
In senatorial districts entitled to more than one (1)
senator the candidates shall qualify for elections in
groups. Said groups shall be numbered consecutively be-
ginning with group 1. Senators elected from the odd num-
bered groups in 1964, shall be elected for two (2) years;
those elected from the even numbered groups in 1964 shall
be elected for four (4) years. Thereafter all senators from
the district shall be elected for four (4) years.
The legislature at its first regular session after the re-
turn of each federal census shall allot representatives to
the several counties according to the number of represen-
tative ratios each county is determined to have. The repre-
sentative ratio shall be equal to one and one half per cent
(11/2%) of the population of the state at the most recent
federal census. All counties having a population at the
most recent federal census equal to one (1) representative
ratio or less than that ratio shall have one (1) represen-
tative; each county having a population greater than one
(1) representative ratio but not greater than two (2)
ratios shall have two (2) representatives; each county
having a population greater than two (2) representative
ratios but not greater than three (3) ratios shall have
three (3) representatives; and so on, so that each addi-
tional representative ratio shall entitle a county to an
additional representative; provided, however, that no
county shall have more than fifteen (15) representatives.
In the event that the legislature at its first regular
session after the return of a federal census fails to re-
apportion the senate or house of representatives or both
the apportionment process described above shall be car-

6

January 30, 1963

JOURNAL OF THE HOUSE OF REPRESENTATIVES

ried out by the secretary of state, the attorney general
and the comptroller acting jointly. A plan of apportion-
ment agreed upon by these officers shall have the same
force of law as a statute enacted by the legislature. If
these officers do not issue a plan of apportionment within
thirty (30) days after the adjournment of the legislature,
they shall be subject to a writ of mandamus issued by the
supreme court of the state.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
CONSIDERATION OF MESSAGES FROM
THE SENATE
The following message from the Senate was received
and read:
Tallahassee, Florida
Jan. 30, 1963
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 Carraway and Johnson of the 6th-
S. B. No. 1-X(63)- 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 effective date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate

And Senate Bill No. 1-X(63), contained in the above
message, was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
Mr. Chappell moved that the portion of Rule 6.2 requir-
ing at least two hours prior notice in writing to the intro-
ducer of any bill to be considered by a committee, and
that part of Rule 6.3 concerning the time at which a com-
mittee may meet, and the part of Rule 6.7 regarding the
time of filing committee reports with the Chief Clerk, be
waived for the period of this legislative day.
The motion was agreed to by a two-thirds vote, and it
was so ordered.
Mr. Chappell moved that the House adjourn to recon-
vene at 3:00 P. M. today.
The motion was agreed to.

Thereupon, at the hour of 11:17 A. M., the House stood
adjourned until 3:00 P. M. today.

AFTERNOON SESSION
The House reconvened at 3:00 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
Beck
Bedenbaugh
Bennett
Boyd

Broxson
Carter
Chaires
Chappell
Chiles
Cleveland

Craig
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

7

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

A quorum present.
REPORTS OF SELECT COMMITTEES
January 30, 1963
Mr. Welborn Daniel, 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-X(63)-A Joint Resolution proposing an
amendment of Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida Legislature; providing for submission to the
electors.
which amendment reads as follows:
In Section 2, strike out the second complete sentence.
And House Joint Resolution No. 5-X(63), contained in
the above report, together with Committee amendment
thereto, was placed on the Calendar of Bills and Joint
Resolutions for Second Reading.
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS
By the Select Committee on Constitutional Amendments
& Apportionment-
H. B. No. 9-X(63)- A bill to be entitled An Act
apportioning the Senate of the Legislature of the State
of Florida; providing for a special election; amending
Section 10.01 and creating Section 10.04, Florida Statutes;
providing an effective date.
The bill was read the first time by title and ordered
placed on the Calendar without reference.
REPORTS OF THE SELECT COMMITTEE ON
RULES & CALENDAR
The following Reports of the Select Committee on Rules
& Calendar were received and read:
January 29, 1963
Honorable Mallory E. Home
Speaker, House of Representatives
Sir:
The Select Committee on Rules & Calendar met in the
Speaker's Conference Room on January 29, 1963, at 11:20
A. M.
The Chairman reminded the Committee of the Speaker's
request on several time limitations, and each of these
items was discussed at length. Thereupon the following
proceedings were had:
1. Upon motion of Mr. Wise it was unanimously agreed
that Section 3, Rule 7 be suspended throughout as much
of this session as it extends through Tuesday, February 5,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

January 30, 1963

1963, and that appropriate resolution conforming to said
rule be drafted, a copy of which is attached hereto as a
part of this report and unanimously agreed to in said
form.
2. Upon motion of Mr. Rowell, seconded by Mr. Wise,
it was unanimously agreed that the committee recom-
mend to the House that Rule 6, Section 7, which presently
requires a filing of Committee Reports not later than
4:30 P. M. preceding the date of consideration, be sus-
pended for a period of six days. (February 5, 1963).
3. Upon motion of Mr. Westberry it was unanimously
agreed that Rule 6, Section 2, for the period of six days
(until February 5, 1963) be altered to require thirty (30)
minutes written notice in lieu of two hours notice.
Upon motion by Mr. Westberry it was unanimously
agreed to that the place of meeting of the Select Com-
mittee on Constitutional Amendments and Apportionment
be Room 307, and that they meet thirty (30) minutes fol-
lowing adjournment of its legislative day, unless cancell-
ed by the Chairman.
The Committee adjourned at 12:10 P. M.
MEMBERS PRESENT:
Messrs. Anderson, Arrington, Beck, Bennett, Chaires,
Chiles, Cleveland, Faircloth, Griffin of Osceola, Lancaster,
Marshburn, O'Neill, Peeples, Putnal, Turlington, West-
berry, Wise, McDonald, Rowell and Chappell.
MEMBERS ABSENT:
Messrs. Crews and Ayers.
Respectfully submitted,
WILLIAM V. CHAPPELL, JR., Chairman
Select Committee on Rules &
Calendar.
RESOLUTION
WHEREAS, Rule 7, Section 3 requires that all bills for
introduction be introduced by delivery to the Chief Clerk
not later than 12:00 o'clock noon preceding the regular
order of introduction and reference of bills of the follow-
ing legislative day, except upon unanimous consent pur-
suant to thirty (30) minutes notice,
WHEREAS, the Committee on Rules & Calendar is
empowered by said rule to suspend by Committee Resolu-
tion said rule during the last seven (7) days of the legis-
lative session,
WHEREAS, said rule is presently operative by reason
of the fact that this House has voted to operate under
the rules existing during a period described by said rule,
and
WHEREAS, the Committee on Rules & Calendar finds
that the matters of the House may be more expeditiously
considered by a suspension of said Section 3 of said
Rule 7.
NOW, THEREFORE,
BE IT RESOLVED by the Committee on Rules &
Calendar in meeting duly called on January 29, 1963, at
11:20 A. M., as follows:
THAT Section 3 of Rule 7 be suspended for so much
of this Special Session as may continue through all legis-
lative sessions of Tuesday, February 5, 1963.
Mr. Chappell moved the adoption of the foregoing re-
port.
The motion was agreed to and the Report of the Select
Committee on Rules & Calendar was adopted.

Honorable Mallory E. Home
Speaker, House of Representatives

January 30, 1963

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 January 30, 1963, is submitted.
The House shall consider as a special and continuing
order of business the following matter:
1. H.J.R. 5-X(63)
2. Implementing bill to H.J.R. 5-X(63)
The vote of the Committee was as follows:
AYES: Messrs. Anderson, Arrington, Ayers, Beck,
Chaires, Cleveland, Faircloth, Griffin, J. J.,
Lancaster, Marshburn, O'Neill, Peeples, Put-
nal, Turlington, Westberry, Wise, McDonald,
Rowell, and Chappell.
NAYS: Messrs. Bennett and Chiles
ABSENT: Mr. Crews.
Respectfully submitted,
WILLIAM V. CHAPPELL, JR., Chairman
Select Committee on Rules &
Calendar
SPECIAL AND CONTINUING ORDER
H. J. R. No. 5-X(63)-A Joint Resolution proposing an
amendment 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 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 rejec-
tion.
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the State of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sec-
tions of this article until the next reapportionment and
the county shall be assigned when created to a senatorial
district as determined by the legislature.
Section 2. Representation in the House of Represen-
tatives.-Representation in the house of representatives
shall consist of one hundred ten (110) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representatives
shall be assigned to the counties in proportion to popula-
tion. When any county has ten or more representatives,
such county shall be divided into representative districts
which shall be established by the board of county com-
missioners of such county or in accordance with law, and
the representatives of said county shall reside in and be
elected from said districts. The populations of the respec-
tive counties for the purposes of this section shall be

8

January 30, 1963 JOURNAL OF THE HOUSE OF REPRESENTATIVES

confined to citizens of the United States and shall not in-
clude foreign born persons who have not become natur-
alized. Provided, however, that the 1963 House of Repre-
sentatives shall consist of the ninety-five (95) representa-
tives duly elected at the general election of 1962 and of
fifteen (15) additional representatives as provided for by
law.
Section 3. 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 4. 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. Chappell moved that the rules be waived and House
Joint Resolution No. 5-X(63) be read a second time in full.
The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 5-X(63) was read a second
time in full.
The Select Committee on Constitutional Amendments &
Apportionment offered the following amendment to House
Joint Resolution No. 5-X(63):
In Section 2, strike out the second complete sentence.
Mr. Daniel moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Daniel moved that the House now reconsider the
vote by which the amendment to House Joint Resolution
No. 5-X(63) was adopted.
The motion to reconsider was agreed to.
The question recurred on the adoption of the amend-
ment to House Joint Resolution No. 5-X(63).
The motion was agreed to and the amendment was
adopted.
Mr. Fagan of Alachua offered the following amendment
to House Joint Resolution No. 5-X(63):
In Section 2, strike out the last sentence thereof.
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. 5-X(63):
In Section 2, following the period at the end of the sec-
tion add the following: "Provided, however, that the 1965
House of Representatives shall consist of the ninety-five
(95) representatives duly elected at the general election
of 1964 and of fifteen (15) additional representatives as
provided for by law."
Mr. Fagan moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Messrs. Chappell of Marion and Cleveland of Seminole
offered the following amendment to House Joint Resolu-
tion No. 5-X(63):

After Section 1, add a new Section to read as follows:

"Section 2. Senate apportionment. The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts, each of which shall be represented in the senate
by one (1) member. The districts shall be apportioned

9

among the several counties of the state so as to provide
equitable representation based upon similar economic in-
terests, geographic area and population."
And renumber the remaining sections.
Mr. Chappell 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
Anderson
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Carter
Chaires
Chappell
Cleveland
Nays:
Allsworth
Arrington
Boyd
Chiles
Craig
Daniel
de la Parte
Ducker
Faircloth
Fee
Yeas-51,
Nays-38.

Davis McDonald
Fagan Miner
Griffin,B.H.,Jr. Nash
Guilford O'Neill
Hasson Peeples
Hosford Pruitt
Jones Putnal
Karst Roberts, C.A.
Lancaster Rowell
Markham Russ
Marshburn Russell, C.E.
Mattox Saunders, S.D.
McAlpin Scott

Griffin,J.J.,Jr.
Hollahan
Inman
Jordan
Karl
Knowles
Land
Liles
Loeffler
Long

The motion was agreed
adopted.

Matthews
McLaughlin
Mitchell, C.J.
Mitchell, R.O.
Owens
Ramos
Roberts, E.S.
Russell, J.T.
Saunders. J.A.
Slade

Sims
Smith
Smoak
Stevens
Strickland
Thomas,A.J.,Jr.
Turlington
Walker
Whitfield
Williams, B.C.
Williams, J.J.
Wingate

Stallings
Sweeny
Thomas, J.
Usina
Wadsworth
Westberry
Wise
Zacchini

to and the amendment was

Mr. Chappell moved that the rules be
and House Joint Resolution No. 5-X(63),
read a third time in full and placed upon

further waived
as amended, be
its passage.

A roll call was ordered.
When the vote was taken on the motion the result was:
Yeas:

Mr. Speaker
Adams
Anderson
Arrington
Ayers
Bass
Beck
Bedenbaugh
Bennett
Carter
Chaires
Chappell
Davis
Pagan
Guilford
Nays:
Allsworth
Baker
Boyd
Chiles
Craig
Daniel
de la Parte
Ducker
Yeas-57.
Nays-32.

Hasson
Hosford
Inman
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Nash
O'Neill

Faircloth
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Hollahan
Holley
Jones
Jordan

Owens
Peeples
Pruitt
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Smith
Smoak

Karl
Knowles
Land
Liles
Loeffler
Long
Matthews
Prescott

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

Roberts, E.S.
Russell, J.T.
Slade
Stallings
Thomas, J.
Usina
Westberry
Zacchini

JOURNAL OF THE HOUSE OF REPRESENTATIVES January 30, 1963

The motion was not agreed to by a two-thirds vote and
House Joint Resolution No. 5-X(63), as amended, was
not read a third time in full.
Mr. Cleveland was given unanimous consent to be re-
corded as voting "Yea".
ENGROSSING REPORT
January 30, 1963
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 5-X(63)
-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
Mr. Chappell moved that the House now adjourn to re-
convene at 10:00 A. M. tomorrow.
A roll call was demanded.
When the vote was taken on the motion to adjourn the
result was:
Yeas:

Mr. Speaker
Adams

Anderson Ayers
Arrington Baker

Bass
Beck

Bedenbaugh
Bennett
Carter
Chaires
Chappell
Chiles
Daniel
Davis
Griffin,B.H.,Jr.
Guilford
Holley
Hosford

Nays:

Allsworth
Boyd
Craig
de la Parte
Ducker
Fagan
Faircloth
Fee

Inman
Jones
Karl
Lancaster
Markham
Marshburn
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.

Griffin,J.J.,Jr.
Hasson
Hollahan
Jordan
Karst
Knowles
Land
Liles

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

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

Sims
Smith
Smoak
Stallings
Stevens
Strickland
Thomas,A.J.,Jr.
Walker
Whitfield
Williams, B.C.
Wingate
Wise

Saunders, J.A.
Slade
Thomas, J.
Turlington
Usina
Wadsworth
Westberry
Zacchini

Yeas-56.

Nays-32.

The motion was agreed to.

Thereupon, at the hour of 3:56 P. M., the House stood
adjourned until 10:00 A. M. tomorrow.

10

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Thursday, January 31, 1963

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

Mr. Speaker Faircloth
Adams Fee
Allsworth Grifflin,B.H.,Jr.
Anderson Griffin,J.J.,Jr.
Arrington Guilford
Ayers Hasson
Baker Hollahan
Bass Holley
Beck Hosford
Bedenbaugh Inman
Bennett Jones
Boyd Jordan
Broxson Karl
Carter Karst
Chaires Knowles
Chappell Lancaster
Chiles Land
Cleveland Liles
Craig Loeffler
Daniel Long
Davis Markham
de la Parte Marshburn
Ducker Matthews
Fagan Mattox
Excused: Mr. Crews
A quorum present.

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

The following prayer was offered by Dr.
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

C. A. Roberts,

Dear Heavenly Father May each man here who
desires a blessing, receive it, and may those who don't
care, receive one too-that they might know of a God who
gives and does not always ask in return. In Christ's Name
Amen.
CORRECTION OF THE JOURNAL
The Journal for Wednesday, January 30, was ordered
corrected, and as corrected was approved.
COMMUNICATIONS
The following communication was received and read
by the Speaker:
STATE OF FLORIDA
OFFICE OF THE GOVERNOR
TALLAHASSEE
January 31, 1963
Honorable Wilson Carraway
President of the Senate
Capitol Building
Tallahassee, Florida
Honorable Mallory Home
Speaker, House of Representatives
Capitol Building
Tallahassee, Florida
Gentlemen:
Following the action of the Senate of the State of
Florida on January 29 in adopting a statutory proposal
for the apportionment of the Senate I requested of the
Supreme Court of the State of Florida an advisory opin-
ion concerning certain of my powers and duties. In their

11

unanimous opinion, copy of which is attached, the Court
has advised me, among other things, that:
"It therefore appears that the controlling question
giving you concern is whether or not the judgment
of the aforementioned Federal Court dated July 23,
1962, has eliminated from the Constitution of Florida
the State organic limitation on the House and Senate.
We think the language is clear and unequivocal
wherein the Federal Court said, 'Said provisions are
hereby found and declared to be prospectively null,
void and inoperative.' The only doubt might rest
with whether or not the Court has jurisdiction to so
order. Without conceding the right, we must con-
cede the power, of the Federal judicial system to
enforce its judgment in this cause. The jurisdiction
is settled in view of the pronouncement of the Su-
preme Court of the United States in Baker v. Carr,
369 U. S. 186. And so it is that the decision of the
Federal Court, supra, in this cause has eliminated
the limitations provided in the Florida Constitution
on the size of the House and Senate, and you have
the power to continue to call recurring extra sessions
under Section 8, Article IV, Florida Constitution,
until such time as a reapportionment bill is enacted
by the Legislature in conformity with the Fourteenth
Amendment of the Constitution of the United States,
notwithstanding the aforesaid limitations as they
were prior to the decision of the Federal Court,
supra, on July 23, 1962, and which have been by
virtue of that decree invalidated."
It is now apparent that there are no organic limitations
in our search for an equitable formula for apportionment,
and we are restricted by the Federal Courts only in that
whatever formula we adopt must not be "invidiously dis-
criminatory." This imposes an awesome responsibility,
but it also creates a golden opportunity. For the first
time in a century you are free as a body of informed
and dedicated legislators to cut the pattern of Florida's
representation in the Legislature to fit the configurations
which time and growth have wrought.
I suggest that each of us in the light of this new de-
velopment must re-think his position. While this opinion
does not point the way out of the political jungle into
which we have been thrown, it does give us the strength
and the tools we need to emerge. I shall be eager to work
with you in finding the proper way.
Respectfully,
FARRIS BRYANT
Governor
-accompanied by the following opinion:
SUPREME COURT OF FLORIDA
TALLAHASSEE
January 30, 1963
Honorable Farris Bryant
Governor of Florida
The Capitol
Tallahassee, Florida
Dear Governor:-
We have the honor to acknowledge your communication
of January 29, 1963, requesting our advice pursuant to
Article IV, Section 13, Florida Constitution, regarding
certain executive powers and duties under the Constitu-
tion.

12 JOURNAL OF THE HOUSE

Omitting the formal parts, your letter reads as follows:
"In March of 1962, two cases, styled Sobel vs. Adams
and Swann vs. Adams, were filed in the District
Court of the United States in and for the Southern
District of Florida. These suits were designed to
question the constitutionality of the Florida constitu-
tional and statutory provisions relating to appor-
tionment. The District Court, on July 23, 1962, en-
tered an Interlocutory Judgment declaring the exist-
ing constitutional and statutory provisions of the
Florida Constitution, relating to the apportionment
and reapportionment for the nomination and election
of the Senate and House of Representatives of the
Florida Legislature, to be invidiously discriminatory
and repugnant to the equal protection clause of the
Federal Constitution and, therefore, prospectively
null, void and inoperative. There is attached hereto
the complete text of the above-mentioned Order and
the Opinion rendered pursuant thereto.
"An extra session of the Florida Legislature was
convened on August 1, 1962, pursuant to my Execu-
tive Order calling the Legislature into session for
the sole and exclusive purpose of considering reap-
portionment. After ten days of deliberation, the
Legislature passed House Joint Resolution No. 30-X
providing for 135 House members and 46 Senators.
On September 5, 1962, the District Court entered its
Order and Opinion wherein it was stated that this
reapportionment proposal satisfied the requirements
of the Equal Protection clause of the Federal Con-
stitution. There is attached hereto the complete text
of the above-mentioned Order and Opinion rendered
pursuant thereto.
"This proposed constitutional amendment was placed
on the ballot for the General Election on November 6,
1962, at which time the amendment failed of adop-
tion by a vote of 373,259 to 306,442. Subsequent to
the General Election, the Legislature was again
called into extra session on November 9, 1962, and
labored until November 28, 1962, at which time the
extra session terminated by operation of law without
effecting a solution to the apportionment problem.
"The responsibility for apportionment of the mem-
bership of the Florida Legislature is delegated to
that body by the Florida Constitution. In an effort
to preserve to the elected representatives of the
people of Florida this decision-making power, I en-
tered my Executive Order of January 23, 1963, again
calling into extra session the Florida Legislature for
the sole and exclusive purpose of considering
reapportionment.
"The Florida Senate, on January 29, 1963, passed
Senate Bill No. 1-X(63) providing for the reappor-
tionment of the Senate by statutory means in conflict
with Article VII of the Florida Constitution, which
action ripened the doubts created by the Federal
Court's action.
"In view of the Federal Court's decision and the
resulting doubt cast on the composition of the Flor-
ida Legislature, it is felt that unless a proper legal
course is followed by me as Chief Executive and by
the Legislature, there is a distinct possibility that
Florida will be without a legally constituted Legis-
lature for the ensuing regular session. The State,
therefore, is facing a serious crisis in that it may be
without legal methods to provide the necessary
governmental services to the people of Florida.
"Article VII, Section 3, Constitution of Florida,
among other things, provides: '***In the event the
Legislature shall fail to reapportion the representa-
tion in the Legislature as required by this amend-
ment, the Governor shall (within thirty days after

E

SOF REPRESENTATIVES January 31, 1963

the adjournment of the regular session), call the
Legislature together in extraordinary session to con-
sider the question of reapportionment and such extra-
ordinary session of the Legislature is hereby manda-
torily required to reapportion the representation as
required by this Amendment before its adjourn-
ment (and such extraordinary session so called for
reapportionment shall not be limited to expire at the
end of twenty days or at all, until reapportionment
is affected, and shall consider no business other
than such reapportionment).'
"Article IV, Section 6, of the Florida Constitution
imposes upon me, as Chief Executive, the responsi-
bility to 'take care that the laws be faithfully exe-
cuted.' Upon assuming my official duties as Governor,
pursuant to the requirements of Article XVI, Section
2, of the Florida Constitution, I solemnly swore to
uphold the Constitutions of the United States of
America and of the State of Florida. As a result of
the above-mentioned action of the District Court and
the divergency of views as to the legal effect of such
action, I am in grave doubt as to the proper exercise
of my executive powers and duties in the handling
of affairs of state, including my obligation to see
that the laws are faithfully enforced and the exer-
cise of my power of executive veto; and the holding
of the Legislature in continuous session by recur-
ring calls.
"In light of the foregoing responsibilities imposed
upon me by the Constitution of the State of Florida
and in view of the critical conditions existing by
reason of the Federal District Court decision, from
which an appeal has not been taken, I have the honor
to request your advisory opinion pursuant to the
authority vested in me by Article IV, Section 13, of
the Florida Constitution on the following question,
affecting my executive powers and duties:
"Do I have the power and is it my duty to call
recurring sessions of the Florida Legislature
until reapportionment is accomplished under
Article VII, Constitution of Florida?"
Implicit in your inquiry is your justifiable executive
concern regarding your duties under the Florida Con-
stitution as affected by the Constitution of the United
States and the interlocutory decrees of the United States
District Court in Sobel v. Adams and Swann v. Adams.
We understand that you are seeking advice as to your
executive responsibilities under Article IV, Section 6,
Florida Constitution, which directs that "the Governor
shall take care that the laws be faithfully executed," and
under Section 3, Article VII, Florida Constitution, relat-
ing to the calling of extraordinary reapportionment
sessions of the Legislature. In view of the decisions of
the United States District Court in the cases mentioned,
you have considered it to be your duty to call the Legis-
lature into extra session pursuant to Article IV, Section
8, Florida Constitution, and to Section 3, Article VII,
Florida Constitution, and have done so. By the decrees
above mentioned, the United States Court has imposed
upon the State of Florida the obligation to reapportion
the Legislature "in compliance with the requirement of
the United States Constitution," which the Federal Court
held prohibits State action denying equal protection of
the laws under the Constitution of the United States.
That Court decreed that the obligation of the State was
of such urgency that it should be performed with dis-
patch. We have concluded that, in view of the pronounced
urgency, that you, the Chief Executive, are justified in
seeking advice regarding the executive powers and duties
set forth in your question hereinabove presented.
We take note that the aforementioned Federal Court,
with reference to the provisions of the Florida Constitu-
tion relating to reapportionment said:

January 31, 1963 JOURNAL OF THE HOUSE OF REPRESENTATIVES

"The court concludes and hereby determines that
the existing constitutional and statutory provisions
relating to the apportionment and reapportionment
for the nomination and election of the Senate and
the House of Representatives of the Florida Legis-
lature are invidiously discriminatory against the
plaintiff and others similarly situated, and deny to
them equal protection of the law as guaranteed by
the Constitution of the United States. Said provisions
are hereby found and declared to be prospectively
null, void and inoperative." (Emphasis supplied.)
The opinion of the Federal Court, on which the above
judgment rests, said, among other things:
"If, at the end of that period, the Florida Legislature
has been convened in special session for effectuat-
ing, by legislation or by amendment to the Florida
Constitution, or both; or if at that time some other
state action has been undertaken, an application for
a further continuance would be looked upon with
favor. Otherwise the Court will then proceed to
fashion a remedy of reapportionment by judicial
decree in such manner as may seem to the Court best
adapted to meet the requirements of equal protec-
tion." (Emphasis supplied.)
It therefore appears that the controlling question giv-
ing you concern is whether or not the judgment of the
aforementioned Federal Court dated July 23, 1962, has
eliminated from the Constitution of Florida the State
organic limitation on the House and Senate. We think
the language is clear and unequivocal wherein the Fed-
eral Court said, "Said provisions are hereby found and
declared to be prospectively null, void and inoperative."
The only doubt might rest with whether or not the Court
had jurisdiction to so order. Without conceding the right,
we must concede the power, of the Federal judicial sys-
tem to enforce its judgment in this cause. The Jurisdic-
tion is settled in view of the pronouncement of the Su-
preme Court of the United States in Baker v. Carr, 369
U.S. 186. And so it is that the decision of the Federal
Court, supra, in this cause has eliminated the limitations
provided in the Florida Constitution on the size of the
House and Senate, and you have the power to continue
to call recurring extra sessions under Section 8, Article
IV, Florida Constitution, until such time as a reappor-
tionment bill is enacted by the Legislature in conformity
with the Fourteenth Amendment of the Constitution of
the United States, notwithstanding the aforesaid limita-
tions as they were prior to the decision of the Federal
Court, supra, on July 23, 1962, and which have been by
virtue of that decree invalidated.

Respectfully submitted,
Chief Justice
B. K. Roberts
Glenn Terrell
Elwyn Thomas
E. Harris Drew
Stephen C. O'Connell
Millard F. Caldwell

INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS
By Mr. Fagan of Alachua-
H. B. No. 10-X(63)- A bill to be entitled An Act
providing an apportionment of the house of representa-
tives of the Florida legislature; providing for one hundred
ten (110) members of the house of representatives; mak-
ing special temporary provisions for the 1963 legislature;

13

providing for a special election; providing an effective
date.
The bill was read the first time by title and ordered
placed on the Calendar without reference.
By Messrs. Cleveland and Davis of Seminole-
H. C. R. No. 11-X(63)-A Concurrent Resolution creat-
ing an interim committee on apportionment, to hold
hearings throughout the State of Florida and report to
the 1963 legislature.
WHEREAS, the legislature met in August, 1962, and
apportioned the house and senate by adding forty (40)
additional members of the house and creating eight (8)
additional senatorial districts, and
WHEREAS, in the November election thirty-five per
cent (35%) of the qualified electors voted on a constitu-
tional amendment and twenty-one per cent (21%) of those
voting disapproved and eighteen per cent (18%) approved
the amendment, and
WHEREAS, sixty-five per cent (65%) of the qualified
electors have not expressed themselves on the question of
apportionment, and
WHEREAS, the legislature is not certain whether to
increase the size of the legislature above one hundred
thirty-five (135) house members and forty-six (46) sena-
tors, or to reduce the size of the house somewhere be-
tween the present membership and the proposed appor-
tionment of August, 1962, and
WHEREAS, the district federal court has declared that
the present apportionment under the constitution is pro-
spectively unconstitutional and null and void, and
WHEREAS, the legislature needs the advice of citizens
from all areas of the state rather than from a few par-
ticular areas of the state in order to provide a more
equitable reapportionment, and
WHEREAS, the legislature has worked diligently to
compromise the group desiring large numbers and the
group desiring a small membership with no avail, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate concurring:
That the Speaker of the House is authorized to appoint
a committee of five (5) members of the house, and the
President of the Senate is authorized to appoint five (5)
members of the senate to hold public hearings in various
areas of the state in order to give the citizens an oppor-
tunity to express themselves on the matter of reapportion-
ment.
That the Committee shall organize, elect a chairman
from their group and request such assistance as needed
from the Legislative Reference Bureau, and that follow-
ing the public hearings, to prepare a report of their find-
ings and present to the 1963 legislature.
That such committee as authorized and designated shall
immediately begin to accumulate information and opinions
from all areas of the state.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Jones of Bay-
H. J. R. No. 12-X(63)-A Joint Resolution proposing an
amendment 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:

JOURNAL OF THE HOUSE OF REPRESENTATIVES January 31, 1963

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.
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 ar-
ticle until the next reapportionment and the county shall
be assigned when created to a senatorial district as de-
termined by the legislature.
Section 2. 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. The districts shall be apportioned among the several
counties of the state so as to provide equitable represen-
tation based upon similar economic interests, geographic
area and population.
No county shall be divided in creating a district. Every
district shall consist of contiguous counties. Provided,
however, that any person serving as senator at the time
of the ratification of this amendment shall continue as
senator during the remainder of the term for which he
was elected, in the manner provided by law.
Section 3. Representation in the house of representa-
tives.-The house of representatives shall consist of one
hundred and ten (110) 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 six (6) representatives. The next three
most populous counties shall have four (4) representa-
tives each. The next five most populous counties shall
have three (3) representatives each. The next thirteen
(13) most populous counties shall have two (2) represen-
tatives each. Each of the remaining counties shall have
one (1) representative. Provided, however, the first house
of representatives following the ratification of this amend-
ment shall consist of those representatives elected pur-
suant to the Constitution of 1885, as amended, and of such
proportion of the additional representatives for the re-
spective counties provided for herein as shall bring the
membership to the total set above, to be elected as pro-
vided by law. The populations of the respective counties
for the purposes of this section shall be confined to citizens
of the United States and shall not include foreign born
persons who have not become naturalized.
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 declar-
ed unconstitutional or null and void then the entire resolu-
tion 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. Jones of Bay-
H. B. No. 13-X(63) A bill to be entitled An Act
providing for the apportionment of the house of repre-
sentatives of the Florida legislature by amending subsec-

tion (1) of section 10.03, Florida Statutes; 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 Mr. Daniel of Lake-
H. J. R. No. 14-X(63)-A Joint Resolution proposing an
amendment to 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 Article VII of the
Constitution of Florida is agreed to and shall be submit-
ted to the electors of this state for ratification or rejec-
tion at the general election to be held in November, 1964:
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. Senate apportionment. The legislature
shall divide the state into thirty-eight (38) senatorial dis-
tricts, each of which shall be represented in the senate
by one (1) member. The districts shall be apportioned
among the several counties of the state so as to provide
equitable representation based upon similar economic
interests, geographic area and population. Each district
in excess of 300,000 population shall have an additional
senator for each 300,000 population or major fraction
thereof in excess of the first 300,000.
Section 3. Representation in the house of representa-
tives.-The house of representatives of the state of Flor-
ida shall be apportioned among the several counties as
follows: Each county with a population which is less than
one per cent of the population of the state shall have one
(1) representative; each county with a population of one
per cent and less than three per cent of the state popu-
lation shall have two (2) representatives; each county
with three per cent and less than five per cent of the
state population shall have three (3) representatives;
each county with five per cent and less than seven per
cent of the state population shall have four (4) represen-
tatives; each county with seven per cent and less than
nine per cent of the state population shall have five (5)
representatives; each county with at least nine per cent
shall have one (1) representative for each two per cent
of the state population, but not less than six (6) repre-
sentatives.
Section 4. The legislature shall reapportion the senate
and the house of representatives at the regular session
of the legislature in 1971 and every ten (10) years there-
after based on the preceding latest federal decennial cen-
sus.
In the event the legislature shall fail to reapportion
the representation as required by this act, the governor
shall call the legislature together in extraordinary session

14

JOURNAL OF THE HOU

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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Liles, Zacchini and de la Parte of Hills-
borough, Russell and Loeffler of Pinellas, Hollahan, Mat-
thews and Faircloth of Dade and Roberts of Palm Beach-
H. J. R. No. 15-X(63)-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 Con-
stitution of Florida is agreed to; that an emergency re-
quiring an early decision by the electors of the state
exists; and that the said amendment shall therefore be
submitted to the electors of this state for ratification or
rejection at a special election for that purpose to be held
on June 18, 1963, in accordance with the provisions of
Section 3, Article XVII, Constitution of the State of
Florida.
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, except as
hereinafter provided, 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 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 representation
in the house of representatives as follows:
Each county shall have at least one (1) representative
in the house of representatives. Counties in which more
than one and one half per cent (11/2%) of the total state
population reside shall have one (1) additional represen-
tative for each two percent (2%) of the total state popu-
lation or any fraction thereof.
Section 3. Representation in the senate.-The legis-
lature shall apportion the representation in the senate as
follows:
A county containing two per cent (2%) or more of the
total state population shall comprise one or more senator-
ial districts. In any county in which more than two per
cent (2%) of the total state population shall reside, sen-
atorial districts shall be created in such county for each
three per cent (3%) or major fraction thereof of the total
state population. A county containing less than two per
cent (2%) of the total state population shall be joined
with contiguous counties having less than two per cent
(2%) of the total state population to form a senatorial
district containing not less than two per cent (2%) of the
total state population.

January 31, 1963

ISE OF REPRESENTATIVES 15

Section 4. Elections.-All offices created by this amend-
ment shall be filled by and at the general election to be
held in November, 1964. 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 dis-
tricts shall be elected for a term of two (2) years; there-
after all senators shall be elected for four (4) year terms.
Section 5. Legislative apportionment.-The legisla-
ture shall reapportion its representation in accordance
with this article at the 1971 regular session of the legis-
lature and every ten (10) years thereafter, based upon
the preceding latest federal decennial census. In the
event the legislature shall fail to reapportion the represen-
tation as required by this article, the governor shall call
the legislature together in extraordinary session to con-
sider the question of reapportionment, and such extra-
ordinary session shall mandatorily be required to re-
apportion 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 federal de-
cennial census beginning with the 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.
-was read the first time in full and referred to the
Select Committee on Constitutional Amendments & Ap-
portionment.
By Messrs. Allsworth of Broward, Liles of Hillsborough,
and Karl of Volusia-
H. B. No. 16-X(63)- 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 cre-
ating section 10.04, Florida Statutes.
The bill was read the first time by title and referred
to the Select Committee on Constitutional Amendments
& Apportionment.
REPORT OF THE SELECT COMMITTEE ON RULES
& CALENDAR
The following Report of the Select Committee on Rules
& Calendar was received and read:
January 30, 1963
Honorable Mallory E. Home
Speaker, House of Representatives
Sir:
Your Select Committee on Rules and 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 for January 31, 1963 is submitted.
The House shall consider the following matter upon
completion of H. J. R. 5-X(63) and its implementing bill.
H. B. 9-X(63)
The vote of the committee was as follows:
AYE: Messrs. Anderson, Arrington, Beck, Bennett,
Chaires, Chiles, Cleveland, Faircloth, Griffin of Osceola,
O'Neill, Westberry, McDonald, Rowell and Chappell.
NAY: Messrs: Ayers, Lancaster, Marshburn, Peeples,
Putnal and Wise.
ABSENT: Messrs. Crews and Turlington.
Respectfully submitted,
WILLIAM V. CHAPPELL, JR., Chairman
Select Committee on Rules & Calendar

JOURNAL OF THE HOUSE OF REPRESENTATIVES January 31, 1963

ANNOUNCEMENTS
The Speaker announced the resignation of Mr. Robert
L. Bannerman, Jr. as Director of the Special Florida Com-
mittee of the Florida Commission on Interstate Coopera-
tion.
SPECIAL AND CONTINUING ORDER
Mr. Turlington moved that consideration of House Joint
Resolution No. 5-X(63) be temporarily deferred.
Pending consideration thereof-
Mr. Chappell offered a substitute motion that the House
stand in recess until the call of the Speaker so that the
Select Committee on Constitutional Amendments & Appor-
tionment could meet and study the Opinion given the
Governor by the Supreme Court of Florida.
The substitute motion was agreed to.
Thereupon, at the hour of 10:20 A. M., the House stood
in recess.
The House reconvened at 11:23 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. Broxson presented the Honorable Morrison Kim-
brough, former Member of the House from Santa Rosa
County.
Mr. Broxson introduced Joe Howell, Leverne Howell
and Bobby Murphy of Milton.
The Speaker introduced a group of 33 students from
Brazil who are, under the direction of Professor R. E.
Azeredo, attending a special five-week course in English
at Florida State University, conducted through the Florida
Institute for Continuing University Studies.
Mr. Knowles introduced Honorable Warren M. Goodrich
of Bradenton, State Chairman of the Democratic Party.
SPECIAL AND CONTINUING ORDER
H. J. R. No. 5-X(63)-A Joint Resolution proposing an
amendment of Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida Legislature; providing for submission to the
electors.
-was taken up, having been read the second time and
amended on January 30, and now pending third reading.
Mr. Turlington moved that the rules be waived and
House Joint Resolution No. 5-X(63) be placed back on
second reading.
The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 5-X(63) was placed back on
second reading.
Mr. Turlington moved that the rules be further waived
and House Joint Resolution No. 5-X(63) be taken from the
Special and Continuing Order Calendar and placed at the
beginning of the General Calendar.

The motion was agreed to by a two-thirds vote and
House Joint Resolution No. 5-X(63) was ordered taken
from the Special and Continuing Order Calendar and
placed at the beginning of the General Calendar.
Mr. Turlington moved that the House stand in informal
recess for 5 minutes.
Pending consideration thereof-

Mr. Chappell offered a substitute motion that the House
resolve itself into a Committee of the Whole House for
the purpose of appointing a subcommittee to work with a
like committee of the Senate to resolve the problem of
apportionment.
The substitute motion was agreed to and it was so
ordered.
Mr. Chappell moved that the rules be waived and the
Speaker be permitted to act as Chairman of the Committee
of the Whole House.
The motion was agreed to by a two-thirds vote.
Thereupon, at the hour of 11:40 A. M., the House re-
solved itself into a Committee of the Whole House, Mr.
Horne presiding.

AFTERNOON SESSION
The Committee of the Whole House having arisen-
The House reconvened at 3:30 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
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
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

Members 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

A quorum present.
REPORTS OF SELECT COMMITTEES
January 31, 1963
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. 13-X(63)- A bill to be entitled An Act
providing for the apportionment of the House of Repre-
sentatives of the Florida Legislature by amending sub-
section (1) of section 10.03, Florida Statutes; and provid-
ing an effective date.

And House Bill No. 13-X(63), contained in the above
report, was placed on the Calendar of Bills on Second
Reading.
January 31, 1963
Mr. Daniel of Lake, Chairman of the Select Committee
on Constitutional Amendments & Apportionment, reports
that the Committee has carefully considered the following
House Joint Resolution and recommends that it pass:

H. J. R. No. 3-X(63)-A joint resolution containing a
legislative finding of facts and proposing an amendment

16

JOURNAL OF THE HOUSI

to Article VII of the Constitution of the State of Florida
relating to census and apportionment.
And House Joint Resolution No. 3-X(63), contained in
the above report, was placed on the Calendar of Bills on
Second Reading.
Mr. Chappell moved that the rules be waived and House
Bills Nos. 10-X(63) and 9-X(63) be taken from the Special
Order Calendar and placed on the General Calendar.
The motion was agreed to by a two-thirds vote, and it
was so ordered.
Mr. Chappell moved that the rules be waived and Senate
Bill No. 1-X(63) be withdrawn 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.
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 3:40 P. M., the House stood
in informal recess.
The House reconvened at4:11 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 94 Members present.
REPORT OF THE SELECT COMMITTEE ON
RULES & CALENDAR
The following report of the Select Committee on Rules
& Calendar was read:
January 31, 1963
The Honorable Mallory E. Home
Speaker of the House of Representatives.
Sir:
Your Select Committee on Rules and 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 January 31, is sub-
mitted.
The House shall consider as a special and continuing
order of business the following matters:
1. S. B. No. 1-X(63)
2. H. J. R. No. 5-X(63)
3. H.B.No. 10-X(63)
4. H.B. No. 9-X(63)
5. H.J.R. No. 3-X(63)
The vote of the committee on each of the above is as
follows:
Senate Bill No. 1-X(63)--
AYE: Messrs. Anderson, Arrington, Ayers, Beck,
Chaires, Chiles, Cleveland, Faircloth, Griffin
of Osceola, Lancaster, Marshburn, O'Neill, Pee-
ples, Putnal, Turlington, Westberry, Wise, Mc-
Donald, Rowell and Chappell.
NAY: Mr. Bennett
ABSENT: Mr. Crews
House Joint Resolution No. 5-X(63)-

January 31, 1963

NAY: None
ABSENT: Mr. Crews.
Respectfully submitted,
WILLIAM V. CHAPPELL, JR.,
Chairman
Select Committee on Rules
& Calendar
INTRODUCTION AND REFERENCE OF HOUSE
BILLS, JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS.
By Messrs. Liles of Hillsborough, Hollahan and Mat-
thews of Dade, Roberts and Thomas of Palm Beach, Rus-
sell and Loeffler of Pinellas, Allsworth and Long of
Broward.
H. B. No. 17-X(63)- A bill to be entitled An Act
providing for the apportionment of the membership of
the senate and house of representatives of the Florida
legislature by amending Sections 10.01, 10.02 and 10.03,
Florida Statutes; providing an effective date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments & Ap-
portionment.
By Mr. Thomas of Bradford-
H. B. No. 18-X(63)- A bill to be entitled An Act
providing an apportionment of the house of representa-
tives of the Florida legislature; providing for one hundred
ten (110) members of the house of representatives; mak-
ing special temporary provisions for the 1963 legislature;
providing for a special election; providing an effective
date.
The bill was read the first time by title and referred to
the Select Committee on Constitutional Amendments & Ap-
portionment.

E OF REPRESENTATIVES 17

AYE: Messrs. Anderson, Ayers, Beck, Chaires, Chiles,
Bennett, Cleveland, Faircloth, Griffin of Osceola,
Lancaster, Marshburn, O'Neill, Peeples, Putnal,
Turlington, Westberry, Wise, McDonald, Rowell,
and Chappell.
NAY: Mr. Arrington.
ABSENT: Mr. Crews
House Bill No. 10-X(63)-
AYE: Messrs. Anderson, Ayers, Beck, Bennett,
Chaires, Chiles, Cleveland, Faircloth, Griffin of
Osceola, Lancaster, Marshburn, O'Neill, Pee-
ples, Putnal, Turlington, Westberry, McDonald,
Rowell and Chappell.
NAY: Messrs. Arrington and Wise
ABSENT: Mr. Crews
House Bill No. 9-X(63)-
AYE: Messrs. Anderson, Arrington, Ayers, Beck, Ben-
nett, Chiles, Cleveland, Faircloth, Griffin of
Osceola, O'Neill, Peeples, Turlington, West-
berry, McDonald and Chappell.
NAY: Messrs. Chaires, Lancaster, Marshburn, Putnal,
Wise and Rowell.
ABSENT: Mr. Crews
House Joint Resolution No. 3-X(63)-
AYE: Messrs. Anderson, Arrington, Ayres, Beck, Ben-
nett, Chaires, Chiles, Cleveland, Faircloth, Grif-
fin of Osceola, Lancaster, Marshburn, O'Neill,
Peeples, Putnal, Turlington, Westberry, Wise,
McDonald, Rowell and Chappell.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Mr. Long of Broward-
H. B. No. 19-X(63)- 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.
SPECIAL AND CONTINUING ORDER
S. B. No. 1-X(63)- 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 effective date.
-was taken up.
Mr. Chappell moved that the rules be waived and
Senate Bill No. 1-X(63) be read a second time by title.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 1-X(63) was read a second time by title.
Mr. Slade of Duval offered the following amendment to
Senate Bill No. 1-X(63):
At the end of Section 1, Sub-section 2, following the
words "Seminole County" add the following:
"In addition to the apportionment set forth herein there
shall be one (1) additional senator for Broward County,
Pinellas County, Hillsborough County, Duval County and
two (2) additional senators for Dade County."
Mr. Slade moved the adoption of the amendment.
Pending consideration thereof-
Without objection, further consideration of the amend-
ment was temporarily deferred.
Messrs. Daniel of Lake and Chappell of Marion offered
the following amendment to Senate Bill No. 1-X(63):
After Section 1 on page 3 renumber Section 2 as Section
4 and insert the following Section 2.
"Section 2. Section 10.03, Florida Statutes, is amended
to read:
"10.03 Apportionment of house of representatives.-
"(1) There shall be one hundred and twelve (112)
members of the house of representatives which shall be
apportioned among the several counties as follows, to wit:
NUMBER OF
COUNTY REPRESENTATIVES

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

7
6
4
4
4
3
3
3
3
3
2

COUNTY
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
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

18

January 31, 1963

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

January 31, 1963 JOURNAL OF THE HOUSE OF REPRESENTATIVES

COUNTY
Franklin
Okeechobee
Union
Wakulla
Flagler
Dixie
Liberty
Glades
Lafayette
Gilchrist

NUMBER OF
REPRESENTATIVES
1
1
1
1
1
1
1
1
1
1

Mr. Daniel 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:

Fagan
Fee
Guilford
Hasson
Hosford
Inman
Jones
Karst
Knowles
Lancaster
Marshburn
Mattox
McAlpin
McDonald
McLaughlin
Miner

Adams Holley
Allsworth Jordan
de la Parte Karl
Ducker Land
Faircloth Liles
Griffin,B.H.,Jr. Loeffler
Hollahan Long
Yeas-61.
Nays-25.

Mr. Chiles was given
as voting "Nay."

Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Pruitt
Putnal
Ramos
Rowell
Russell, C.E.
Saunders, J.A.
Scott
Sims
Smith

Markham
Matthews
Roberts, C.A.
Roberts, E.S.
Russell, J.T.
Saunders, S.D.
Slade

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

Stallings
Sweeny
Thomas, J.
Zacchini

unanimous consent to be recorded

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

Messrs. Daniel of Lake and Chappell of Marion offered
the following amendment to Senate Bill No. 1-X(63):
Strike out all of section 3 and section 4 and insert the
following in lieu thereof:
Section 5. It is declared to be the legislative intent
that if any section, subsection, sentence, clause or provi-
sion of this act is held invalid all sections of this act shall
be ineffective.

Section 6. This act shall take effect immediately upon
becoming a law.

Mr. Daniel moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.

Messrs. Daniel of Lake and Chappell of Marion offered
the following amendment to Senate Bill No. 1-X(63):
Add a new Section 3:
"Section 3. The house of representatives finds as
a fact that the physical facilities of the house and the
voting machine will not accommodate over 112 members;
that the legislature cannot renovate the facilities neces-
sary to accommodate a house of over this size before the
1963 legislature. That with the 1963 session in mind the
house is increasing the present membership of 95 by 17
additional members, apportioning these added members
to the more populous counties in the state."
Mr. Daniel moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
The question then recurred on the motion by Mr. Slade
to adopt an amendment.
The motion was not agreed to, and the amendment was
not adopted.
Messrs. Daniel of Lake and Chappell of Marion offered
the following amendment to Senate Bill No. 1-X(63):
Strike out: all of the title and insert the following in
lieu thereof: "An Act providing for the apportionment of
the Senate and the House of Representatives of the Legis-
lature of the State of Florida; amending Sections 10.01,
10.03 and adding 10.04 and 10.05; apportioning the senate
into 42 districts and apportioning the house into 112
members; providing for an election; providing for filling
vacancies; providing an effective date."
Mr. Daniel 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 Senate Bill No. 1-X(63), as 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:

Mr. Speaker
Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Daniel
Nays:
Allsworth
Boyd
Chiles
de la Parte
Ducker
Faircloth
Fee
Yeas-65.
Nays-28.

Davis
Fagan
Griffin,J.J.,Jr.
Guilford
Inman
Karst
Lancaster
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.
Rowell
Russ
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Smith
Smoak

Griffin,B.H.,Jr. Knowles
Hasson Land
Hollahan Liles
Holley Loeffler
Jones Long
Jordan Matthews
Karl Roberts, E.S.

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

Russell, J.T.
Slade
Stallings
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Zacchini

The motion was agreed to by a two-thirds vote and

19

Mr. Speaker
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bennett
Broxson
Carter
Chaires
Chappell
Cleveland
Craig
Daniel
Davis
Nays:

JOURNAL OF THE HOUSE OF REPRESENTATIVES January 31, 1963

Senate Bill No. 1-X(63), as amended, was read a third
time in full.
When the vote was taken on the passage of the bill the

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

Nash
Owens
Peeples
Putnal
Ramos
Roberts, C.A.
Rowell
Russell, C.E.
Saunders, J.A.
Saunders, S.D.
Scott
Sims

Loeffler
Long
Markham
Matthews
Mitchell, R.O.
O'Neill
Prescott
Pruitt
Roberts, E.S.
Russ
Russell, J.T.
Slade

Smith
Stevens
Usina
Walker
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Smoak
Stallings
Stone
Strickland
Sweeny
Thomas,A.J.,Jr.
Thomas, J.
Wadsworth
Wells
Westberry
Zacchini

Yeas-45.
Nays-47.
So the bill failed to pass.
INTRODUCTION OF GUESTS
Mr. Holley introduced the Honorable Herman W. Gold-
ner, Mayor of St. Petersburg, and Mr. Rees Smith of
Tampa.
Mr. Whitfield introduced his father and mother, Mr. and
Mrs. R. L. Whitfield, and his sister, Miss Penny Whitfield,
of Perry.
Mr. Hollahan presented the Honorable John B. Orr, Jr.,
former Member of the House from Dade County.
CONTINUATION OF SPECIAL AND CONTINUING
ORDER
H. J. R. No. 5-X(63)-A Joint Resolution proposing an
amendment 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 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
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

Davis
Fagan
Guilford
Inman
Lancaster
Marshburn
Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.

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

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 apportionment.-The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts, each of which shall be represented in the senate by
one (1) member. The districts shall be apportioned among
the several counties of the state so as to provide equit-
able representation based upon similar economic interests,
geographic area and population.
Section 3. Representation in the House of Represen-
tatives.-Representation in the house of representatives
shall consist of one hundred ten (110) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representatives
shall be assigned to the counties in proportion to popula-
tion. The populations of the respective counties for the
purposes of this section shall be confined to citizens of
the United States and shall not include foreign born per-
sons who have not become naturalized. Provided, how-
ever, that the 1965 House of Representatives shall consist
of the ninety-five (95) representatives duly elected at the
general election of 1964 and of fifteen (15) additional
representatives as provided for by law.

Section 4. The legislature shall reapportion the repre-
sentation 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 taken up, having been read the second time and
amended on January 30, and placed back on second
reading today.
Mr. Chappell of Marion offered the following amend-
ment to House Joint Resolution No. 5-X(63): Strike out
the entire Section 2. and insert the following in lieu
thereof:
"Section 2. The legislature shall divide the State into
forty-two (42) senatorial districts, each of which shall
be represented in the senate by but one (1) member. The
districts shall be apportioned among the several counties
of the state so as to provide equitable representation
based upon similar economic interests, geographic area
and population. No county shall be divided to create a
district."
Mr. Chappell moved the adoption of the amendment.
Pending consideration thereof-
Mr. Chappell moved that the House now adjourn to
reconvene at 10:00 A. M. tomorrow.
The motion was agreed to.
Thereupon, at the hour of 6:09 P. M., the House stood
adjourned until 10:00 A. M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

Friday, February 1, 1963

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

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

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

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

offered by Dr. C. A. Roberts,

Our Heavenly Father Unto these men who have
been given peculiar places of leadership grant unusual wis-
dom to do their work. And, Father, as we attempt to
direct the affairs of others, teach us how to direct our-
selves before Thee. In Christ's name we pray. Amen.
CORRECTION OF THE JOURNAL
The Journal of Thursday, January 31, was ordered cor-
rected, and as corrected was approved.
Mr. Chaires moved that the House stand in recess for
30 minutes.
The motion was agreed to.
Thereupon, at the hour of 10:10 A. M., the House stood
in 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 94 Members present.
Mr. Sweeny was excused by the Speaker for the remain-
der of the session today.
SPECIAL AND CONTINUING ORDER
H. J. R. No. 5-X(63)-A Joint Resolution proposing an
amendment of Article VII of the Constitution of the
State of Florida; providing for apportionment of the
Florida legislature; providing for submission to the
electors.

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

21

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.
ARTICLE VII
APPORTIONMENT AND CENSUS
Section 1. Composition of the legislature.-The legis-
lature of the State of Florida shall consist of a senate
and a house of representatives. Members of the senate
shall be elected for a term of four (4) years and members
of the house shall be elected for a term of two (2) years.
The term of members of the legislature shall expire on
the first Tuesday after the first Monday in November in
each regular election year. Members of the senate and
house of representatives shall be elected as provided by
law. Any new county that may be created shall be en-
titled to one (1) member in the house of representatives
in excess of any limit prescribed in the following sec-
tions of this article until the next reapportionment and
the county shall be assigned when created to a senator-
ial district as determined by the legislature.
Section 2. Senate apportionment.-The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts, each of which shall be represented in the senate by
one (1) member. The districts shall be apportioned among
the several counties of the state so as to provide equit-
able representation based upon similar economic interests,
geographic area and population.
Section 3. Representation in the House of Repre-
sentatives.-Representation in the house of representa-
tives shall consist of one hundred ten (110) representa-
tives which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representatives
shall be assigned to the counties in proportion to popula-
tion. The populations of the respective counties for the
purposes of this section shall be confined to citizens of
the United States and shall not include foreign born per-
sons who have not become naturalized. Provided, however,
that the 1965 House of Representatives shall consist of
the ninety-five (95) representatives duly elected at the
general election of 1964 and of fifteen (15) additional
representatives as provided for by law.
Section 4. The legislature shall reapportion the repre-
sentation 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 taken up, now pending on motion of Mr. Chappell
to adopt an amendment, which amendment reads as
follows:
Strike out the entire Section 2. and insert the following
in lieu thereof:
"Section 2. The legislature shall divide the State into
forty-two (42) senatorial districts, each of which shall

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 1, 1963

be represented in the senate by but one (1) member. The
districts shall be apportioned among the several counties
of the state so as to provide equitable representation
based upon similar economic interests, geographic area
and population. No county shall be divided to create a
district."
The question recurred on the adoption of the amend-
ment.
Pending consideration thereof-
Without objection, the amendment was withdrawn.
Messrs. Turlington and Fagan of Alachua, Horne of
Leon, and Chappell of Marion offered the following
amendment to House Joint Resolution No. 5-X(63):
Strike out everything after the resolving clause and
insert the following in lieu thereof:
That the following amendment of Article VII of the
Constitution of Florida is agreed to and shall be sub-
mitted to the electors of this state for ratification or re-
jection at the general election of 1964.

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 apportionment.-The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts, each of which shall be represented in the senate by
one (1) member. The districts shall be apportioned among
the several counties of the state so as to provide equit-
able representation based upon similar economic interests,
geographic area and population. No county shall be divid-
ed in creating a district and no district shall have more
than one senator.
Section 3. Representation in the House of Repre-
sentatives.-Representation in the house of representa-
tives shall consist of one hundred twelve (112) represen-
tatives which shall be apportioned among the counties by
the method of equal proportions; that is, each county
shall have one representative and the remaining repre-
sentatives shall be assigned to the counties in proportion
to population. The populations of the respective counties
for the purposes of this section shall be confined to citi-
zens of the United States and shall not include foreign
born persons who have not become naturalized.

Section 4. The legislature shall reapportion the
representation 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
declared unconstitutional or null and void then the entire
resolution shall be null, void and inoperative.

Mr. Turlington moved the adoption of the amendment.
Pending consideration thereof-
Messrs. Mitchell of Leon and Jones of Bay offered the
following amendment to the amendment to House Joint
Resolution No. 5-X(63):
In Section 3, strike out the entire Section and insert the
following in lieu thereof: "Section 3. The legislature shall
apportion the representation in the house of representa-
tives 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.
Each of the ten (10) most populous counties 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
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. Mitchell of Leon moved the adoption of the amend-
ment to the amendment.
The motion was not agreed to and the amendment to
the amendment was not adopted.
The question recurred on the adoption of the amend-
ment.
Pending consideration thereof-
Messrs. Hasson of Sarasota, Knowles of Manatee, and
Bennett of Bay offered the following substitute amend-
ment to House Joint Resolution No. 5-X(63):
In Section 2, strike out the entire section and insert
the following in lieu thereof: "The legislature shall divide
the state into thirty-eight (38) senatorial districts as
nearly equal in population as practical and no county
shall be divided in making such apportionment. Each of
said districts shall be represented by one (1) senator ex-
cept that the most populous county of the state shall have
an additional senator."
Mr. Bennett moved the adoption of the substitute amend-
ment.
A roll call was demanded.
When the vote was taken on the adoption of the substi-
tute amendment, the result was:
Yeas:

Allsworth
Baker
Bennett
Boyd
Chiles
Cleveland
Daniel
Nays:

Davis
de la Parte
Ducker
Faircloth
Fee
Hasson
Hollahan

Adams Hosford
Anderson Inman
Arrington Jordan
Ayers Karl
Bass Karst
Beck Lancaster
Bedenbaugh Land
Broxson Loeffler
Carter Markham
Chaires Marshburn
Chappell Mattox
Craig McDonald
Pagan Miner
Griffin,B.H.,Jr. Mitchell, C.J.
Griffin,J.J.,Jr. Mitchell, R.O.
Guilford Nash

Holley
Jones
Knowles
Liles
Long
Matthews
Roberts, E.S.

O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
Roberts, C.A.
Rowell
Russ
Russell, C.E.
Russell, J.T.
Saunders, J.A.
Saunders, S.D.
Scott
Sims
Smith

Slade
Thomas, J.
"Usina
Wells
Zacchini

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

22

February 1, 1963 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-26.
Nays-62.
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 agreed to, and the amendment was
adopted.
Mr. Karl of Volusia offered the following amendment
to House Joint Resolution No. 5-X(63):
In Section 3, following the words "in proportion to
population." strike out: "The populations of the respec-
tive counties for the purposes of this section shall be
confined to citizens of the United States and shall not in-
clude foreign born persons who have not become natu-
ralized."
Mr. Karl moved the adoption of the amendment.
The motion was not agreed to and the amendment was
not adopted.
Mr. Turlington moved that the rules be waived and
House Joint Resolution No. 5-X(63), as 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. 5-X(63), 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-X(63)-A Joint Resolution proposing an
amendment 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 of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection,
at the general election of 1964.
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 de-
termined by the legislature.
Section 2. Senate apportionment.-The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts, each of which shall be represented in the senate by
one (1) member. The districts shall be apportioned
among the several counties of the state so as to provide
equitable representation based upon similar economic in-
terests, geographic area and population. No county shall
be divided in creating a district and no district may have
more than one senator.

23

Section 3. Representation in the House of Repre-
sentatives.-Representation in the house of representa-
tives shall consist of one hundred twelve (112) repre-
sentatives which shall be apportioned among the counties
by the method of equal proportions; that is, each county
shall have one representative and the remaining represen-
tatives shall be assigned to the counties in proportion to
population. The populations of the respective counties for
the purposes of this section shall be confined to citizens
of the United States and shall not include foreign born
persons who have not become naturalized.
Section 4. The legislature shall reapportion the
representation 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
declared unconstitutional or null and void then the entire
resolution shall be null, void and inoperative.
-the result was:

Yeas:

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

Ducker
Fagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hosford
Karst
Lancaster
Land
Markham
Marshburr
Mattox
McAlpin
McDonald
Mitchell, C.J.
Mitchell, R.O.
Nash

Hollahan
Holley
Inman
Jones
Jordan
Karl

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

Knowles
Liles
Loeffler
Long
Matthews
McLaughlin

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

Miner
Roberts, E.S.
Russell, J.T.
Thomas, J.
Wise
Zacchini

Yeas-69.
Nays-24.
So House Joint Resolution No. 5-X(63) passed, as
amended, by the required Constitutional three-fifths vote
of all Members elected to the House of Representatives at
the 1962 General Election.
Mr. Turlington moved that the rules be further waived
and House Joint Resolution No. 5-X(63) be immediately
certified to the Senate.
The motion was agreed to by a two-thirds vote, and
House Joint Resolution No. 5-X(63) was ordered im-
mediately certified to the Senate after engrossment.
MR. DANIEL IN THE CHAIR.
H. B. No. 10-X(63)- A bill to be entitled An Act
providing an apportionment of the house of representa-
tives of the Florida legislature; providing for one hundred
ten (110) members of the house of representatives; mak-
ing special temporary provisions for the 1963 legislature;
providing for a special election; providing an effective
date.
-was taken up.
Mr. Fagan moved that the rules be waived and House

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 1, 1963

Bill No. 10-X(63) be read a second time by title.
The motion was agreed to by a two-thirds vote and
House Bill No. 10-X(63) was read a second time by title.
Messrs. Horne of Leon, Chappell of Marion, Turlington
and Fagan of Alachua offered the following amendment to
House Bill No. 10-X (63) :
Strike out everything after the enacting clause and in-
sert the following in lieu thereof:
Section 1. Section 10.01, Florida Statutes, is amend-
ed to read:
10.01 Division of state into senatorial districts; ap-
portionment of senate, etc.-
(1) The representation in the senate of the Florida
legislature shall consist of forty-two (42) members, each
representing a district. The state shall be divided into
forty-two (42) senatorial districts. If by this reapportion-
ment the district of a member of the senate whose term of
office expires with the general election of November 1964
shall be abolished, or the number of his district relocated
outside of said present district, then such member shall
continue as a senator for the county of his residence
during the remainder of his term and shall have an equal
vote with any other senator and the number of his sena-
torial district shall be indicated by adding the letter X
after the number of the district to which he was elected
even though it increases the maximum number of members
herein provided for.
No county shall be divided in creating a district. Every
district shall consist of contiguous counties.
(2) Pursuant to this act forty-two (42) senatorial
districts shall be constituted as follows:
First district-Santa Rosa county
Second district-Escambia county
Third district-Walton county, Holmes county and
Washington county
Fourth district-Jackson county and Calhoun county
Fifth district-Wakulla county, Liberty county, Gulf
county and Franklin county
Sixth district-Gadsden county
Seventh district-Polk county
Eighth district-Leon county
Ninth district-Hernando county, Sumter county and
Citrus county
Tenth district-Taylor county, Madison 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, Hendry county and
Collier county
Twenty-fifth district-Bay county
Twenty-sixth district-Putnam county
Twenty-seventh district-Hardee county, DeSoto county
and Glades 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-Charlotte county and Highlands
county
Fortieth district-Okaloosa county
Forty-first district-Monroe county
Forty-second district-Seminole county
Section 2. Section 10.03, Florida Statutes, is amended
to read:
10.03 Representation in the House of Representatives.-
(1) Representation in the house of representatives
shall consist of one hundred twelve (112) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representa-
tives shall be assigned to the counties in proportion to
population.
(2) Pursuant to subsection (1) of this Section, there
shall be one hundred twelve (112) members of the house
of representatives apportioned among the several counties
as follows:

County
Dade
Duval
Hillsborough
Pinellas
Broward
Orange
Palm Beach

Number of
Representatives
14
7
6
6
5
4
4

24

February 1, 1963

JOURNAL OF THE HOUSE OF REPRESENTATIVES

County
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
Clay
Osceola
Nassau
Martin
Collier
Walton
Suwannee
Madison
Taylor
Charlotte
Bradford
Hardee
Sumter
DeSoto
Washington
Hernando
Holmes
Levy

Number of
Representatives
3
3
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

Number of
County Representatives
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
Section 3. Section 10.04, Florida Statutes, is added to
read:
10.04 Legislative apportionment.-
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 in sec-
tions 10.01 and 10.03, Florida Statutes, as amended at this
special session of the legislature. 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 sen-
ator now serving shall complete his term to which he was
elected; provided that the resignation or death of any leg-
islator elected at or prior to the 1962 general election
shall create a vacancy. 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 ending with the gen-
eral election of 1966 and the senators elected from the new
odd-numbered districts shall be elected for a term ending
with the general election of 1964; thereafter all senators
shall be elected for four (4) year terms.
Section 4. It is declared to be the legislative intent
that, if any section, subsection, sentence, clause or pro-
vision of this act is held invalid, the remainder of the act
shall not be affected.
Section 5. This act shall take effect immediately upon
becoming a law.
Mr. Fagan moved the adoption of the amendment.
Pending consideration thereof-

THE SPEAKER IN THE CHAIR.
Mr. O'Neill moved that the House stand in informal re-
cess until 12:00 Noon.
The motion was agreed to.
Thereupon, at the hour of 11:50 A. M., the House stood
in informal recess.
The House reconvened at 12:00 Noon.
THE SPEAKER IN THE CHAIR.

25

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 1, 1963

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

INTRODUCTION OF GUESTS
Mr. Williams of Gulf introduced Mr. Jessie V. Stone of
Port St. Joe, Member of the Gulf County Historical So-
ciety.
The Speaker introduced the Honorable John S. Shipp,
Jr., former Member of the House from Jackson County.
Mr. Stallings introduced the Honorable Richard D. Bar-
ker of Jacksonville, Chairman of the Duval County Demo-
cratic Executive Committee, together with Mrs. Barker.
Mr. Anderson introduced the Honorable Prentice P.
Pruitt of Monticello, former Member of the House from
Jefferson County.
ENGROSSING REPORT
February 1, 1963
Your Engrossing Clerk to whom was referred-
House Joint Resolution 5-X(63)
-with amendment, reports the amendment has 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. 5-X(63) was ordered
immediately certified to the Senate.
Mr. Fagan moved that the House adjourn to reconvene
at 2:00 P. M. today.
Pending consideration thereof-
Mr. O'Neill offered a substitute motion that the House
adjourn to reconvene at 3:00 P. M. today.
The substitute motion was not agreed to.
The question recurred on the motion by Mr. Fagan that
the House adjourn to reconvene at 2:00 P. M. today.
The motion was agreed to.
Thereupon, at the hour of 12:07 P. M., the House stood
adjourned until 2:00 P. M. today.

AFTERNOON SESSION

The House reconvened at 2:00 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken and the following
recorded present:

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
Pruitt
Putnal

Members were

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 Walker Whitfield Wingate
Usina Wells Williams, B.C. Wise
Wadsworth Westberry Williams, J.J. Zacchini
A quorum present.
Mr. Fagan moved that a committee of three be appointed
by the Speaker to confer with a like committee on the
part of the Senate to endeavor to resolve the differences
between the two bodies on the provisions contained in
measures passed by the House and the Senate.
The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Fagan of
Alachua, Saunders of Monroe, and Stone of Escambia as
the committee to confer with a like committee on the part
of the Senate.
Mr. Fagan moved that the House stand in informal re-
cess until the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 2:08 P. M., the House stood
in informal recess.
The House reconvened at 3:43 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a quo-
rum.
A quorum of 92 Members present.
Mr. O'Neill asked to be recorded present.
Mr. Fagan reported that the committee of the House
and the committee of the Senate, composed of Senators
Johnson (6th), Cross and Hodges, appointed to resolve
the differences between the two bodies, had met and
agreed to recommend to their respective bodies the pas-
sage of both measures; House Joint Resolution No. 5-X
(63) by the Senate, amended to incorporate the Senate
apportionment contained in Senate Bill No. 10-X(63);
and Senate Bill No. 10-X(63) by the House, amended to
incorporate the House apportionment contained in House
Joint Resolution No. 5-X(63).
Mr. Fagan moved that the House stand in informal re-
cess until the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 3:50 P. M., the House stood
in informal recess.
The House reconvened at 4:43 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a quo-
rum.
A quorum of 93 Members present.
CONSIDERATION OF MESSAGES
FROM THE SENATE
The following messages from the Senate were received
and read:
Tallahassee, Florida
February 1, 1963
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 Senator Herrell-
S. B. No. 10-X(63)- A Bill to be entitled An Act
providing for the apportionment of the membership of

26

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

February 1, 1963

JOURNAL OF THE HOUSE OF REPRESENTATIVES

the Senate of the Legislature of the State of Florida;
amending Section 10.01, adding Section 10.04, Florida
Statutes; providing for an election; providing for filling
vacancies; providing effective date.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate
And Senate Bill No. 10-X(63), contained in the above
message, was read the first time by title and referred to
the Select Committee on Constitutional Amendments &
Apportionment.
Mr. Fagan moved that Senate Bill No. 10-X(63) be with-
drawn from the Select Committee on Constitutional
Amendments & Apportionment and placed on the Cal-
endar.
The motion was agreed to by a two-thirds vote and it
was so ordered.
Mr. Fagan was given unanimous consent to now take
up and consider Senate Bill No. 10-X(63).
Mr. Fagan moved that the rules be waived and Senate
Bill No. 10-X(63) be read a second time by title.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 10-X(63) was read a second time by title.
Messrs. Fagan of Alachua, Stone of Escambia and
Saunders of Monroe offered the following amendment to
Senate Bill No. 10-X(63):
Following the words "Section 2." strike out the remain-
der of the bill and insert the following in lieu thereof:
Section 10.03, Florida Statutes, is amended to read:
10.03 Representation in the House of Representatives.-
(1) Representation in the house of representatives
shall consist of one hundred twelve (112) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representatives
shall be assigned to the counties in proportion to popula-
tion.
(2) Pursuant to subsection (1) of this section, there
shall be one hundred twelve (112) members of the house
of representatives apportioned among the several counties
as follows:

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

Number of
Representatives
14
7
6
6
5
4
4
3
3
2
2
1

County
Alachua
Manatee
Bay
Okaloosa
Lake
Seminole
Lee
Marion
Monroe
Gadsden
St. Lucie
Pasco
Jackson
Putnam
St. Johns
Santa Rosa
Indian River
Highlands
Columbia
Clay
Osceola
Nassau
Martin
Collier
Walton
Suwannee
Madison
Taylor
Charlotte
Bradford
Hardee
Sumter
DeSoto
Washington
Hernando
Holmes
Levy
Gulf
Jefferson
Citrus
Hendry
Hamilton
Calhoun

1 Baker

27

Number of
Representatives
1
1

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 1, 1963

County
Franklin
Okeechobee
Union
Wakulla
Flagler
Dixie
Liberty
Glades

Number of
Representatives
1
1
1
1
1
1
1
1

Lafayette 1
Gilchrist 1
Section 3. Section 10.04, Florida Statutes, is added
to read:
10.04 Legislative apportionment.-
(1) The 1963 legislature shall be composed of the leg-
islators elected pursuant to the constitution of 1885, as
amended, and of the additional legislators as provided for
in sections 10.01 and 10.03, Florida Statutes, as amended
at this special session of the legislature. Any representa-
tive or senator elected in the 1962 general election pur-
suant to the constitution of 1885, as amended, shall serve
in said office for the term for which he was elected. The
terms of office of members of the senate shall be for four
(4) years and the terms of office of members of the house
of representatives shall be for two (2) years. Any senator
now serving shall complete his term to which he was
elected; provided that the resignation or death of any
legislator elected at or prior to the 1962 general election
shall create a vacancy. 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 ending with the gen-
eral election of 1966 and the senators elected from the
new odd-numbered districts shall be elected for a term
ending with the general election of 1964; thereafter all
senators shall be elected for four (4) year terms.
(2) The legislature shall hereafter reapportion its
representation in the state senate at such times as may
be required by the constitution of Florida.
Section 4. It is declared to be the legislative intent
that, if any section, subsection, sentence, clause or provi-
sion of this act is held invalid, the remainder of the act
shall not be affected.
Section 5. This act shall take effect immediately upon
becoming a law.
Mr. Fagan moved the adoption of the amendment.
Pending consideration thereof-
Mr. Allsworth of Broward offered the following amend-
ment to the amendment to Senate Bill No. 10-X(63):
In Section 3, sub-section (1), following the words "dis-
tricts, as provided by law" strike out the period (.) and
insert the following in lieu thereof: "; provided, however,
the registration books for the elections provided herein
shall close at 5 p. m. on the fifteenth day before the first
primary election and remain closed for the remaining
second primary and general election."
Mr. Allsworth moved the adoption of the amendment
to the amendment.
The motion was agreed to and the amendment to the
amendment was adopted.

The question recurred on the adoption of the amend-
ment, as amended.
The motion was agreed to and the amendment, as a-
mended, was adopted.
Mr. Fagan of Alachua offered the following amendment
to Senate Bill No. 10-X(63):
In Section 1, page 3, strike out: "Thirty-ninth district-
Charlotte county and Highlands county, Fortieth district
-Okaloosa county" and insert the following in lieu there-
of: "Thirty-ninth district-Okaloosa county, Fortieth dis-
trict-Charlotte county and Highlands county"
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 Senate Bill No. 10-X(63):
Strike out entire title and insert the following in lieu
thereof: "An Act providing for the apportionment of
the membership of the Legislature of the State of Florida;
amending Sections 10.01, 10.03 and adding Section 10.04,
Florida Statutes; providing for an election; providing for
filling vacancies; providing effective date."
Mr. Fagan moved the adoption of the amendment.
The motion was agreed to and the amendment was
adopted.
Mr. Fagan moved that the rules be further waived and
Senate Bill No. 10-X(63), as amended, be read a third
time in full and placed upon its passage.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 10-X(63), as amended, was read a third
time in full.
Mr. Thomas of Bradford moved that Senate Bill No.
10-X(63) be indefinitely postponed.
The motion to indefinitely postpone having been made
on third reading, the Speaker put the question on the final
passage of Senate Bill No. 10-X(63).

When the
result was:
Yeas:

Mr. Speaker
Adams
Anderson
Ayers
Bass
Beck
Bedenbaugh
Broxson
Carter
Chaires
Chiles
Craig
Fagan
Griffin,B.H.,Jr.
Nays:
Allsworth
Arrington
Baker
Bennett
Boyd
Cleveland
Daniel
Davis
de la Parte
Yeas-56.
Nays-36.

vote was taken on the passage of the bill the

Griffin,J.J.,Jr.
Guilford
Hosford
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
Mitchell, C J.
Mitchell, R.O.
Nash
Owens

Ducker
Faircloth
Fee
Hasson
Hollahan
Holley
Inman
Jones
Jordan

Mr. Chappell was given
corded as voting "Nay."

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

Karl
Knowles
Land
Liles
Loeffler
Long
Matthews
McLaughlin
Miner

Stevens
Stone
Strickland
Thomas,A.J.,Jr.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfleld
Williams, B.C.
Williams, J.J.
Wingate

O'Neill
Ramos
Roberts, E.S.
Russell, J.T.
Slade
Stallings
Thomas, J.
Wise
Zacchini

unanimous consent to be re-

28

February 1, 1963 JOURNAL OF THE HOUSE OF REPRESENTATIVES

So Senate Bill No. 10-X(63), as amended, passed and
was ordered engrossed.
Mr. Fagan moved that the rules be further waived and
Senate Bill No. 10-X(63) be immediately certified to the
Senate.
The motion was agreed to by a two-thirds vote and
Senate Bill No. 10-X(63) was ordered immediately certi-
fied to the Senate, after engrossment.
Tallahassee, Florida
February 1, 1963
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 with amend-
ment by the required constitutional three-fifths vote of
all members elected to the Senate for the 1963 extraordi-
"nary session of the Legislature-
By Messrs. Turlington of Alachua, Chappell of Marion,
Fagan of Alachua and Horne of Leon-
H. J. R. No. 5-X(63)-A Joint Resolution proposing an
amendment 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 of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection,
at the general election of 1964.
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 apportionment. The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts, each of which shall be represented in the senate
by one (1) member. The districts shall be apportioned
among the several counties of the state so as to provide
equitable representation based upon similar economic
interests, geographic area and population. No county
shall be divided in creating a district and no district may
have more than one senator.
Section 3. Representation in the House of Representa-
tives.-Representation in the house of representatives
shall consist of one hundred twelve (112) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representatives
shall be assigned to the counties in proportion to popula-
tion. The populations of the respective counties for the
purposes of this section shall be confined to citizens of
the United States and shall not include foreign born
persons who have not become naturalized.

29

Section 4. The legislature shall reapportion the repre-
sentation 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.
which amendment reads as follows:
In Section 2, pages 1 and 2, strike all of Section 2 and
insert in lieu thereof the following:
Section 2. Senate apportionment. The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts with only one (1) senator elected in each district;
except there shall be two (2) senators elected from the
Thirteenth (13th) district, the additional senator being
assigned the number forty-three (43). The forty-two (42)
districts shall be apportioned among the several counties
of the state so as to provide equitable representation based
upon similar economic interests, geographic area and
population. Every district shall consist of contiguous
counties, and no county may be divided in creating a
senatorial district except Dade County.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Mr. Fagan of Alachua offered the following amendment
to the Senate amendment to House Joint Resolution No.
5-X(63):
In Section 2, strike out: "the Thirteenth (13th) dis-
trict," and insert the following in lieu thereof: "the most
populous county,"
Mr. Fagan moved the adoption of the amendment to the
Senate amendment.
The motion was agreed to and the amendment to the
Senate amendment was adopted.
Mr. Fagan moved that the House do concur in the Sen-
ate amendment, as amended by the House, to House Joint
Resolution No. 5-X(63).
The motion was agreed to and the House concurred in
the Senate amendment, as amended by the House, to
House Joint Resolution No. 5-X(63).
The question recurred on the passage of House Joint
Resolution No. 5-X(63), as further amended.
When the vote was taken on the passage of the joint
resolution, which now reads as follows:
H. J. R. No. 5-Xk63)-A Joint Resolution proposing an
amendment 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 of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection,
at the general election of 1964.
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

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 1, 1963

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 apportionment. The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts with only one (1) senator elected in each district;
except there shall be two (2) senators elected from the
most populous county, the additional senator being as-
signed the number forty-three (43). The forty-two (42)
districts shall be apportioned among the several counties
of the state so as to provide equitable representation
based upon similar economic interests, geographic area
and population. Every district shall consist of contiguous
counties, and no county may be divided in creating a
senatorial district except Dade County.

Section 3. Representation in the House of Representa-
tives.-Representation in the house of representatives
shall consist of one hundred twelve (112) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representa-
tives shall be assigned to the counties in proportion to
population. The populations of the respective counties for
the purposes of this section shall be confined to citizens
of the United States and shall not include foreign born
persons who have not become naturalized.

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.
-the result was:

Yeas:

Mr. Scott was given unanimous consent to be recorded
as voting "Yea."
So House Joint Resolution No. 5-X(63), as further
amended, passed by the required Constitutional three-
fifths vote of all Members elected to the House of Repre-
sentatives at the 1962 General Election.
And the action of the House, together with House Joint
Resolution No. 5-X(63), Senate amendment thereto, and
House amendment to the Senate amendment, was ordered
immediately certified to the Senate.
INTRODUCTION OF GUESTS
Mr. Hasson introduced his wife, Nancy.
Mr. Thomas of Palm Beach introduced Mr. Frank
Wright of West Palm Beach.
Mr. Fagan moved that the House stand in informal re-
cess until the call of the Speaker.
The motion was agreed to.
Thereupon, at the hour of 5:35 P. M., the House stood
in informal recess.
The House reconvened at 7:04 P. M.
THE SPEAKER IN THE CHAIR.
The roll was taken to determine the presence of a
quorum.
A quorum of 93 Members present.
The following Order of the Circuit Court of the Second
Judicial Circuit of Florida, in and for Leon County, was
read by the Speaker:
IN THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR LEON
COUNTY, FLORIDA.

IN CHANCERY. 18603
WILLIAM G. O'NEILL, individually
and on behalf of all persons
similarly situated,

Plaintiff,

V.

Mr. Speaker
Adams
Anderson
Ayers
Baker
Bass
Beck
Bedenbaugh
Boyd
Broxson
Carter
Chaires
Chiles
Cleveland
Craig
Daniel

Nays:
Allsworth
Arrington
Bennett
Chappell
de la Parte
Ducker
Faircloth
Hasson

Yeas-62.
Nays-30.

Davis
Pagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hosford
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin
McDonald
Mitchell, C.J.
Mitchell, R.O.

Hollahan
Holley
Inman
Jones
Jordan
Karl
Knowles
Land

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

Liles
Loeffler
Long
Matthews
McLaughlin
Miner
Ramos
Roberts, E.S.

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

Russell, J.T.
Slade
Stallings
Thomas, J.
Wise
Zacchini

TOM ADAMS, As Secretary of State of the
State of Florida, RAY E. GREEN, as Comp-
troller of the State of Florida, J. EDWIN
LARSON, as Treasurer of the State of
Florida, WILSON CARRAWAY, as Presi-
dent of the Senate of the State of Florida
and as representative of all claiming to be
members of the Florida Senate, and
MALLORY E. HORNE, as Speaker of the
House of Representatives of the State of
Florida and as representative of all claim-
ing to be members of the Florida House of
Representatives,

Defendants.

ORDER
This cause came on this date to be heard and parties
were represented before the Court. It was agreed that the
Court proceed to a hearing on the merits of the case,
even though no answer has yet been filed by the Defend-
ants. It was further agreed that a formal answer would
be filed at a subsequent date, but filed nunc pro tune this
date, but would raise no controversial issues of fact, all
pertinent facts being agreed to before the court.

30

February 1, 1963 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Upon consideration of the argument of counsel for the
respective parties, the Court is of the opinion:
1. The plaintiff has alleged sufficient facts to entitle
him to a declaratory decree with respect to the matters
herein declared.
2. The plaintiff is not stopped or barred by laches from
seeking such declarations.
3. This court is not bound by advisory opinions of the
justices of the Supreme Court to the Governor because
they are not judgments or decrees of that court, but such
opinions are entitled to great weight when they are
specifically in point with regard to matters pending in
this Court.
4. The advisory opinion of the justices of the Supreme
Court to the Governor of Florida rendered under date of
January 30, 1963, provides:
"So it is that the decision of the Federal Court, supra,
in this cause has eliminated the limitations provided
in the Florida Constitution on the size of the House
and Senate, and you have the power to continue to
call recurring extra sessions under Section 8, Article
IV, Florida Constitution, until such time as a reap-
portionment bill is enacted by the Legislature *."
This opinion clearly and unequivocably recognizes the
existence of a current Legislature with powers to perform
legislative function in the State of Florida at least with
respect to matters involving reapportionment.
5. The opinion of the Federal Three-Judge District
Court, in the case of Sobel v. Adams, rendered July 23rd,
1962, on the question of reapportionment in Florida con-
tains this language:
"It seems that there is ample time for a valid reap-
portionment to be made and become effective prior to
the time for the convening of the regular legislative
session in 1963."
This opinion also recognizes the power currently existing
in the Legislature of Florida to reapportion. The fact that
this opinion was rendered in July, 1962, and the present
legislature was in large part elected in November, 1962,
does not detract from the jurisdiction and power of the
current Legislature. The opinion of the opinion court must be
read with the assumption that the judges of that court
"knew that the Constitution of Florida required the elec-
tion of legislators in November, 1962, and with the con-
sciousness that such election would take place. Therefore,
in recognizing the power to reapportion before the legis-
lative session of 1963, the Court recognized by necessary
implication such power of the Legislature elected in No-
vember, 1962.
5. The Federal Three-Judge District Court has held:
"That the provisions of the Constitution of Florida
relative to the apportionment of representation in the
House and Senate of the State Legislature are pros-
pectively null, void and inoperative."
The justices of the Supreme Court of Florida in the
advisory opinion of January 30, 1963, recognized that such
decision was binding upon state courts. This court be-
cause of that pronouncement by the justices of the Su-
preme Court of Florida, so holds.
6. The allegations of the complaint with respect to
the prayer for a judicial apportionment of the Legisla-
ture by action of this Court, are in the opinion of the court
insufficient to justify the granting of the relief prayed.
It is a matter of common and public knowledge, which
was admitted in oral argument, that the Legislature of
Florida is currently in session pursuant to a call of the
Governor for the purpose of considering and in fact has
before it, bills relating to the reapportionment of the rep-

presentation in the House and Senate of the Legislature of
Florida. Under these conditions, the courts should not
intervene.
7. Judicial reapportionment should take place only as
a last resort and only after every possible effort to secure
reapportionment at the hands of those charged by the
Constitution with that responsibility and bound by the
oath of office to carry out the constitutional mandate has
failed. So long as there is a glimmer of hope that this
type of reapportionment can be obtained, the courts
should not embark upon that stormy political sea.
8. However, if reapportionment becomes a matter for
judicial consideration, this court is of the opinion that
state courts have concurrent jurisdiction with Federal
courts with respect to such matters and it might be pos-
sible that the federal courts would construe the language
used in the Sobel case underscored in the following quota-
tion:
"If, at the end of that period, the Florida Legislature
has been convened in Special Session for effectuating
by legislation or by amendment to the Florida Con-
stitution, or both; or if at that time some other state
action has been undertaken an application for further
continuance would be looked upon with favor."
as a basis for withholding consideration of judicial re-
apportionment in the federal courts until state courts
have had an opportunity to attempt to solve this prob-
lem. Whether comity would be so extended is a matter
for the federal courts alone to determine.
9. The plaintiff during the argument withdrew any
application for an injunction.
It is therefore;
CONSIDERED, ORDERED, ADJUDGED, DECREED AND
DECLARED:
1. The Legislature of Florida as presently constituted
is a constitutionally existing legislative body with power
to perform all functions vested in the Legislature of Flor-
ida at least with respect to reapportionment of the House
and Senate. This is not an adjudication that the Legisla-
ture as presently constituted does not have all powers of
legislation, but this decision is limited to the necessities
of the present case.
2. The Legislature referred to in the foregoing section
constitutes all those members of the House of Represen-
tatives and of the Senate elected on November 6, 1962,
and those members of the Senate elected in 1960 and any
member of either house elected at a special election held
to fill a vacancy.
3. Each member of the Legislature is entitled compen-
sation and expenses to be paid in the amounts provided
by law.
4. The Legislature constituted as aforesaid has the
power and has the constitutional duty to reapportion the
House and Senate of Florida by bill if such reapportion-
ment cannot be attained by constitutional amendment.
5. The court denies at this time the prayer for reap-
portionment by this court of the House and Senate with-
out prejudice to the right of the plaintiff to amend his
complaint at any time within thirty (30) days from the
date of this order, making sufficient allegations to justify
the exercise of the jurisdiction of this court with respect
thereto.
DONE and ORDERED in chambers at Tallahassee,
Leon County, Florida, this the first day of February, A.D.
1963.
HUGH M. TAYLOR
Circuit Judge

31

32

Mr. O'Neill moved that the foregoing Order be spread
upon the pages of the Journal.
The motion was agreed to and it was so ordered.
CONSIDERATION OF MESSAGES FROM THE SENATE
The following messages from the Senate were received
and read:
Tallahassee, Florida
February 1, 1963
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 the Senate amendment to-
By Messrs. Turlington of Alachua, Chappell of Marion,
Fagan of Alachua and Horne of Leon-
H. J. R. No. 5-X(63)-A Joint Resolution proposing an
amendment 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 of Article VII of the
Constitution of Florida is agreed to and shall be submitted
to the electors of this state for ratification or rejection,
at the general election of 1964.
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. Senate apportionment. The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts, each of which shall be represented in the senate
by one (1) member. The district shall be apportioned
among the several counties of the state so as to provide
equitable representation based upon similar economic in-
terests, geographic area and population. No county shall
be divided in creating a district and no district may have
more than one senator.
Section 3. Representation in the House of Representa-
tives.-Representation in the house of representatives
shall consist of one hundred twelve (112) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representatives
shall be assigned to the counties in proportion to popula-
tion. The populations of the respective counties for the
purposes of this section shall be confined to citizens of
the United States and shall not include foreign born per-
sons who have not become naturalized.
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-

February 1, 1963

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.
Which Senate Amendment reads as follows-
In Section 2, pages 1 and 2, strike all of Section 2 and
insert in lieu thereof the following:
Section 2. Senate apportionment. The legislature
shall divide the state into forty-two (42) senatorial dis-
tricts with only one (1) senator elected in each district;
except there shall be two (2) senators elected from the
Thirteenth (13th) district, the additional senator being
assigned the number forty-three (43). The forty-two (42)
districts shall be apportioned among the several counties
of the state so as to provide equitable representation based
upon similar economic interests, geographic area and
population. Every district shall consist of contiguous
counties, and no county may be divided in creating a sena-
torial district except Dade County.
And House Amendment to Senate Amendment reads as
follows-
In Section 2 strike out "the Thirteenth (13th) district,"
and insert the following in lieu thereof: "the most popu-
lous county,"
-and has passed as further amended by the required
constitutional three-fifths vote of the members elected
to the Senate for the 1963 extraordinary session of the
Legislature.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And House Joint Resolution No. 5-X(63), contained in
the above message, was ordered engrossed.
The roll was taken to determine the presence of a
quorum.
A quorum of 90 Members present.
Tallahassee, Florida
February 1, 1963
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 adopted-
By Senators Whitaker, Stratton, Carraway, Friday, Ed-
wards, Pearce, Melton, Fraser, Williams (4th), Clarke,
Mapoles, Boyd, Blank, Williams (27th), Connor, Galloway,
Pope, Tucker, Hodges, Johnson (6th), Cross, Covington,
Ryan, Johnson (19th), Askew, Gibson, Johns, Roberts,
Bronson, Parrish, Price, Mathews and McCarty-
Senate Memorial No. 13-X(63)
A MEMORIAL TO THE CONGRESS OF THE UNITED
STATES REQUESTING CONGRESS TO CALL A CON-
VENTION FOR THE PURPOSE OF PROPOSING AN
AMENDMENT TO ARTICLE V OF THE CONSTITU-
TION OF THE UNITED STATES RELATING TO
METHOD OF AMENDING THE FEDERAL CONSTI-
TUTION.
Be It Resolved by the Legislature of the State of Florida:
That this Legislature respectfully petitions the Congress
of the United States to call a convention for the purpose
of proposing as an added amendment to Article V of the
Constitution of the United States the following to read:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

February 1, 1963 JOURNAL OF THE HOUSE OF REPRESENTATIVES

ARTICLE V
The Congress, whenever two-thirds of both Houses
shall deem it necessary, or, on the application of the
Legislatures of two-thirds of the several states, shall
propose amendments to this Constitution, which shall
be valid to all intents and purposes, as part of this
Constitution, when ratified by the Legislatures of
three-fourths of the several states. Whenever ap-
plications from the Legislatures of two-thirds of the
total number of states of the United States shall con-
tain identical texts of an amendment to be proposed,
the President of the Senate and the Speaker of the
House of Representatives shall so certify, and the
amendment as contained in the application shall be
deemed to have been proposed, without further action
by Congress. No state, without its consent, shall be
deprived of its equal suffrage in the Senate.
BE IT FURTHER RESOLVED that this article shall be
inoperative unless it shall have been ratified as an amend-
ment to the Constitution by the Legislatures of three-
fourths of the several states within seven years from the
date of its submission.
BE IT FURTHER RESOLVED that if Congress shall
have proposed an amendment to the Constitution identical
with that contained in this memorial prior to January 1,
1965, this application for a convention shall no longer be
of any force or effect.
BE IT FURTHER RESOLVED that a duly attested copy
of this memorial be immediately transmitted to the Sec-
retary of the Senate of the United States, the Clerk of the
House of Representatives of the United States and to each
member of the Congress from this State.
-and respectfully requests the concurrence of the
House therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate.
The Speaker ruled that the introduction and consider-
ation of Senate Memorial No. 13-X(63), contained in the
above message, would constitute Legislative business other
than that for which the Legislature was especially con-
vened.
Mr. Chappell moved that this House determine that it
shall transact the Legislative business of the introduction
and consideration of Senate Memorial No. 13-X(63).
A roll call was demanded.
When the vote was taken on the motion the result was:
Yeas:

Davis
Ducker
Fagan
Fee
Griffin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Hollahan
Holley
Hosford
Inman
Jones
Karl
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin

Jordan
Knowles
Land
Liles

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

Loeffler
Long
Matthews
Russell, J.T.

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

33

Yeas-76.
Nays-14.
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Memorial No. 13-X(63) was
admitted for introduction and consideration by the House.
And Senate Memorial No. 13-X(63) was read the first
time in full.
Mr. Chappell moved that the rules be waived and Senate
Memorial No. 13-X(63) be read a second time by title.
The motion was agreed to by a two-thirds vote and Sen-
ate, Memorial No. 13-X(63) was read a second time by
title.
Mr. Chappell moved the adoption of the memorial.
When the vote was taken on the adoption of the memor-
ial the result was:

Yeas:
Mr. Speaker
Adams
Allsworth
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Craig
Daniel
Davis
Ducker
Nays:
de la Parte
Yeas-86.
Nays-4.

Pagan
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

Faircloth

The motion was agreed
13-X(63) was adopted and
to the Senate.

Mattox
McAlpin
McDonald
McLaughlin
Miner
Mitchell, C.J.
Mitchell, R.O.
Nash
O'Neill
Owens
Peeples
Prescott
Putnal
Ramos
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, J.
Turlington
Usina
Wadsworth
Walker
Wells
Westberry
Whitfield
Williams, B.C.
Williams, J.J.
Wingate
Wise

Matthews Zacchini

to and Senate Memorial No.
ordered immediately certified

Tallahassee, Florida
February 1, 1963
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 Senators Whitaker, Stratton, Carraway, Friday, Ed-
wards, Pearce, Williams (4th), Fraser, Melton, Clarke,
Tucker, Mapoles, Boyd, Williams (27th), Connor, Gallo-
way, Pope, Hodges, Johnson (6th), Covington, Gibson,
Johns, Roberts, Bronson, Parrish, Askew and Price-
Senate Memorial No. 12-X(63)--
A MEMORIAL TO THE CONGRESS OF THE UNITED
STATES REQUESTING CONGRESS TO CALL A CON-
VENTION FOR THE PURPOSE OF PROPOSING AN
AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES CREATING A COURT OF THE
UNION.

Be It Resolved by the Legislature of the State of Florida:
That this Legislature respectfully petitions the Con-
Zacchini gress of the United States to call a convention for the
purpose of proposing the following article as an amend-
ment to the Constitution of the United States.

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 1, 1963

ARTICLE
Section 1. Upon demand of the legislatures of five
states, no two of which shall share any common
boundary, made within two years after the rendition
of any judgment of the Supreme Court relating to the
rights reserved to the states or to the people by this
Constitution, such judgment shall be reviewed by a
court composed of the chief justices of the highest
courts of the several states to be known as the Court
of the Union. The sole issue before the Court of the
Union shall be whether the power or jurisdiction
sought to be exercised on the part of the United
States is a power granted to it under this Consti-
tution.
Section 2. Three-fourths of the justices of the
Court of the Union shall constitute a quorum, but it
shall require concurrence of a majority of the entire
Court to reverse a decision of the Supreme Court. In
event of incapacity of the chief justice of the highest
court of any state to sit upon the Court of the Union,
his place shall be filled by another justice of such
state court selected by affirmative vote of a majority
of its membership.
Section 3. On the first Monday of the third cal-
endar month following the ratification of this amend-
ment, the chief justices of the highest courts of the
several states shall convene at the national capital,
at which time the Court of the Union shall be or-
ganized and shall adopt rules governing its procedure.
Section 4. Decisions of the Court of the Union
upon matters within its jurisdiction shall be final and
shall not thereafter be overruled by any court and
may be changed only by an amendment of this Con-
stitution.
Section 5. The Congress shall make provisions for
the housing of the Court of the Union and the
expenses of its operation.
Section 6. This article shall be inoperative unless
it shall have been ratified as an amendment to the
Constitution by the Legislatures of three-fourths of
the several States within seven years from the date
of its submission.
BE IT FURTHER RESOLVED that if Congress shall
have proposed an amendment to the Constitution identical
with that contained in this memorial prior to January 1,
1965, this application for a convention shall no longer be
of any force or effect.
BE IT FURTHER RESOLVED that a duly attested copy
of this memorial be immediately transmitted to the Sec-
retary of the Senate of the United States, the Clerk of the
House of Representatives of the United States and to
each member of the Congress from this State.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
The Speaker ruled that the introduction and considera-
tion of Senate Memorial No. 12-X(63), contained in the
above message, would constitute Legislative business
other than that for which the Legislature was especially
convened.
Mr. Chappell moved that this House determine that it
shall transact the Legislative business of the introduction
and consideration of Senate Memorial No. 12-X(63).
The motion was agreed to by the required Constitu-
tional two-thirds vote, and Senate Memorial No. 12-X(63)
was admitted for introduction and consideration by the
House.

And Senate Memorial No. 12-X(63) was read the first
time in full.
Mr. Chappell moved that the rules be waived and Senate
Memorial No. 12-X(63) be read a second time by title.
The motion was agreed to by a two-thirds vote and
Senate Memorial No. 12-X(63) was read a second time by
title.
Mr. Chappell moved the adoption of the memorial.
When the vote was taken on the adoption of the mem-
orial the result was:
Yeas:

Mr. Speaker
Adams
Anderson
Arrington
Ayers
Baker
Bass
Beck
Bedenbaugh
Bennett
Boyd
Broxson
Carter
Chaires
Chappell
Chiles
Cleveland
Nays:
Allsworth
Davis
de la Parte
Pagan
Faircloth
Hasson
Yeas-67.
Nays-21.

Craig
Daniel
Ducker
Fee
Griflin,B.H.,Jr.
Griffin,J.J.,Jr.
Guilford
Holley
Hosford
Inman
Jones
Karst
Lancaster
Markham
Marshburn
Mattox
McAlpin

Hollahan
Jordan
Karl
Knowles
Land
Liles

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

Loeffler
Long
Matthews
McDonald
Russell, J.T.
Saunders, J.A.

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

Turlington
Wadsworth
Zacchini

The motion was agreed to and Senate Memorial No.
12-X(63) was adopted and ordered immediately certified
to the Senate.
Tallahassee, Florida
February 1, 1963
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 Hodges-
S. C. R. No. 14-X(63)-
A CONCURRENT RESOLUTION PROVIDING FOR
THE SINE DIE ADJOURNMENT OF THE EXTRA-
ORDINARY SESSION OF THE FLORIDA LEGISLA-
TURE CONVENED JANUARY 29, 1963.
BE IT RESOLVED BY THE SENATE OF THE STATE
OF FLORIDA, THE HOUSE OF REPRESENTATIVES
CONCURRING:
Section 1. This extraordinary session of the Florida
legislature convened on January 29, 1963, shall adjourn
sine die at 7:50 p. m., February 1, 1963.
-and respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 14-X(63), con-
tained in the above message, was read the first time in
full.

34

February 1, 1963

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Turlington moved that the rules be waived and
Senate Concurrent Resolution No. 14-X(63) be read a
second time by title.
The motion was agreed to by a two-thirds vote and
Senate Concurrent Resolution No. 14-X(63) was read a
second time by title.
Mr. Turlington moved the adoption of the concurrent
resolution.
The motion was agreed to and Senate Concurrent Reso-
lution No. 14-X(63) was adopted and ordered immediately
certified to the Senate.
Tallahassee, Florida
February 1, 1963
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 concurred in House
amendments to-
By Senator Herrell-
S. B. No. 10-X(63)- 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;
amending Section 10.01, adding Section 10.04, Florida
Statutes; providing for an election; providing for filling
vacancies; providing effective date.

Which amendments read as follows:
Amendment No. 1-
Following the words "Section 2" strike out the remain-
der of the bill and insert the following in lieu thereof:
Section 10.03, Florida Statutes, is amended to read:
10.03 Representation in the House of Representatives.-
(1) Representation in the house of representatives
shall consist of one hundred twelve (112) representatives
which shall be apportioned among the counties by the
method of equal proportions; that is, each county shall
have one representative and the remaining representa-
tives shall be assigned to the counties in proportion to
population.
(2) Pursuant to subsection (1) of this Section, there
shall be one hundred twelve (112) members of the house
of representatives apportioned among the several counties
as follows:

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

Number of
Representatives
14
7
6
6
5
4
4
3
3
2
2
1

County
Leon
Alachua
Manatee
Bay
Okaloosa
Lake
Seminole
Lee
Marion
Monroe
Gadsden
St. Lucie
Pasco
Jackson
Putnam
St. Johns
Santa Rosa
Indian River
Highlands
Columbia
Clay
Osceola
Nassau
Martin
Collier
Walton
Suwannee
Madison
Taylor
Charlotte
Bradford
Hardee
Sumter
DeSoto
Washington
Hernando
Holmes
Levy
Gulf
Jefferson
Citrus
Hendry
Hamilton

35

Number of
Representatives
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1

JOURNAL OF THE HOUSE OF REPRESENTATIVES February 1, 1963

County
Calhoun
Baker
Franklin
Okeechobee
Union
Wakulla
Flagler
Dixie
Liberty
Glades
Lafayette
Gilchrist

Number of
Representatives
1
1
1
1
1
1
1
1
1
1
1
1

Section 3. Section 10.04, Florida Statutes,
read:

is added to

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 in sections 10.01 and 10.03, Florida Statutes, as amend-
ed at this special session of the legislature. Any repre-
sentative 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.
The terms of office of members of the senate shall be for
four (4) years and the terms of office of members of the
house of representatives shall be for two (2) years. Any
senator now serving shall complete his term to which he
was elected; provided that the resignation or death of
any legislator elected at or prior to the 1962 general
election shall create a vacancy. 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; provided, however, the registration books
for the elections provided herein shall close at 5 p.m. on
the fifteenth day before the first primary election and re-
main closed for the remaining second primary and gen-
eral election. The senators elected from the new even-
numbered districts shall be elected for a term ending
with the general election of 1966 and the senators elected
from the new odd-numbered districts shall be elected for
a term ending with the general election of 1964; there-
after all senators shall be elected for four (4) year terms.
(2) The legislature shall hereafter reapportion its
representation in the state senate at such times as may be
required by the constitution of Florida.
Section 4. It is declared to be the legislative intent
that, if any section, subsection, sentence, clause or pro-
vision of this act is held invalid, the remainder of the act
shall not be affected.
Section 5. This act shall take effect immediately upon
becoming a law.
Amendment No. 2-
In Section 1, page 3, strike out: "Thirty-ninth district-
Charlotte county and Highlands county, Fortieth district
-Okaloosa county" and insert the following in lieu there-
of:
"Thirty-ninth district-Okaloosa county
Fortieth district-Charlotte county and Highlands
county"
Amendment No. 3-

Strike out: entire title and insert the following in lieu
thereof: "An Act providing for the apportionment of the
membership of the Legislature of the State of Florida;
amending Sections 10.01, 10.03 and adding Section 10.04,
Florida Statutes; providing for an election; providing for
filling vacancies; providing effective date."
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
ENGROSSING REPORTS
February 1, 1963
Your Engrossing Clerk to whom was referred-
Senate Bill No. 10-X(63)
-with amendments, reports the amendments have been
carefully examined, correctly engrossed and is herewith
returned.
IRMA LINN
Engrossing Clerk
-and Senate Bill No. 10-X(63) with amendments, was
ordered immediately certified to the Senate.
February 1, 1963
Your Engrossing Clerk to whom was referred-
House Joint Resolution No. 5-X(63)
-with amendment reports the amendment has been in-
corporated 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. 5-X(63) was ordered
enrolled.
ENROLLING REPORTS
Your Enrolling Clerk to whom was referred-
House Joint Resolution No. 5-X(63)
-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 February 1, 1963.
IRMA LINN
Enrolling Clerk
Your Enrolling Clerk, to whom was referred-
S. B. No. 10-X(63)
-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 pre-
sented to the Governor on February 1, 1963, for his ap-
proval.
IRMA LINN
Enrolling Clerk
Your Enrolling Clerk, to whom was referred-
Senate Memorial No. 12-X (63)
Senate Memorial No. 13-X(63)
S. C. R. No. 14-X(63)
-reports same have been properly enrolled, signed by
the President and Secretary of the Senate, and by the
Speaker and Chief Clerk of the House of Representatives,
and presented to the Governor on February 1, 1963, for
his approval.
IRMA LINN
Enrolling Clerk
The hour of 7:50 P. M., February 1, 1963, having ar-
rived, pursuant to the provisions of Senate Concurrent
Resolution No. 14-X(63), the Extraordinary Session of
the House of Representatives stood adjourned sine die.

36

February 1, 1963

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION

REGISTRATIONS UNDER HOUSE RULE THIRTEEN
FROM JANUARY 29 THROUGH FEBRUARY 1

Name and Address

Entity Represented
and Address

Duration of
Representation

Particular
Legislation Involved

Brown, Robert Dale
3235 Hargill Dr.
O rlando ................ .

Buxton, Miss Martha Anne
933 Alachua
Tallahassee ...............

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

Sisco, Thomas E., II
648 Eastwind Dr.
North Palm Beach .........

Sisco, Thomas E., II
648 Eastwind Dr.
North Palm Beach .........

Young Americans for Freedom
5977 36th St., W.
St. Petersburg ............

Young Americans for Freedom
5977 36th Ave., N.
St. Petersburg 10 ..........

11,000 Members of the
Pork Chop Club
P. O. Box 1373
Tallahassee ...............

Fla. Federation of
College Young Republican
Clubs
409 S. Copeland
Tallahassee .............

Leon County Young
Republican Cl'- at FSU
Longmire Buding, FSU ...

session .........

reapportionment and proposed
state's rights amendments

session ......... apportionment

permanent ...... reapportionment

permanent ...

permanent ...

reapportionment
and constitutional
government

reapportionment
and constitutional
government

37

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CERTIFICATE
The foregoing pages numbered 1 through 37, both
inclusive, are and constitute a complete, true and correct
journal and record of the proceedings of the House of
Representatives, at the Extraordinary Session of the
Legislature of the State of Florida convened by pro-
clamation of the Governor of Florida under Section 8 of
Article IV of the Constitution of the State of Florida,
from January 29 through February 1, 1963.
In witness whereof the officers thereunto authorized
have hereunto set their hands in approval and attestation
of same this 14th day of February, 1963.
APPROVED:
Mallory E. Home
Speaker, House of Representatives
ATTEST:
Lamar Bledsoe
Chief Clerk
House of Representatives

INDEX

TO THE

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY

SESSION

JANUARY 29th-FEBRUARY 1st, 1963

HOW TO FIND OR TRACE A BILL

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

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

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Mallory E. Home
Speaker

Bobby Russ
Speaker Pro Tempore

Mrs. Lamar Bledsoe
Chief Clerk

ADAMS, MORRIS-Highlands County, Avon Park
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
ALLSWORTH, EMERSON-Broward County, Ft. Lauder-
dale
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 16-X(63), 17-X(63)
Committees: Constitutional Amendments and Appor-
tionment
ANDERSON, GEORGE H.-Jefferson County, Monticello
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
ARRINGTON, C. FRED-Gadsden County, Havana
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
AYERS, JOHN L.-Hernando County, Brooksville
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63)

Committees: Rules and Calendar
BAKER, LEIGHTON L.-Lake County, Mt. Dora
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
BASS, FRANK-Hardee County, Wauchula
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
BECK, JAMES N. (GATOR)-Putnam County, Palatka
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
BEDENBAUGH, F. W. (SHORTY)-Columbia County,
Lake City
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
BENNETT, JULIAN-Bay County, Panama City
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
BOYD, WILBUR H.-Manatee County, Palmetto
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)

39

INDEX

TO THE

JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY

SESSION

JANUARY 29th-FEBRUARY 1st, 1963

HOW TO FIND OR TRACE A BILL

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

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

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Mallory E. Home
Speaker

Bobby Russ
Speaker Pro Tempore

Mrs. Lamar Bledsoe
Chief Clerk

ADAMS, MORRIS-Highlands County, Avon Park
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
ALLSWORTH, EMERSON-Broward County, Ft. Lauder-
dale
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 16-X(63), 17-X(63)
Committees: Constitutional Amendments and Appor-
tionment
ANDERSON, GEORGE H.-Jefferson County, Monticello
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
ARRINGTON, C. FRED-Gadsden County, Havana
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
AYERS, JOHN L.-Hernando County, Brooksville
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63)

Committees: Rules and Calendar
BAKER, LEIGHTON L.-Lake County, Mt. Dora
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
BASS, FRANK-Hardee County, Wauchula
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
BECK, JAMES N. (GATOR)-Putnam County, Palatka
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
BEDENBAUGH, F. W. (SHORTY)-Columbia County,
Lake City
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
BENNETT, JULIAN-Bay County, Panama City
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
BOYD, WILBUR H.-Manatee County, Palmetto
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)

39

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Committees: Constitutional Amendments and Appor-
tionment
BROXSON, JOHN R.-Santa Rosa County, Milton
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
CARTER, RALPH C.-Washington County, Chipley
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
CHAIRES, HAL-Dixie County, Old Town
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar; Constitutional Amend-
ments and Apportionment
CHAPPELL, WILLIAM V. (BILL), JR.-Marion County,
Ocala
Bills, Resolutions and Memorials Introduced: Numbers
1-X (63), 5-X(63), 7-X(63)
Committees: Rules and Calendar (Chairman)
CHILES, LAWTON M., JR.-Polk County, Lakeland
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
CLEVELAND, MACK N., JR.-Seminole County, Sanford
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 11-X(63)
Committees: Rules and Calendar
CRAIG, A. H. (GUS)-St. Johns County, St. Augustine
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
CREWS, JOHN J., JR.-Baker County, Macclenny
Bills, Resolutions and Memorials Introduced: Numbers
None
DANIEL, WELBORN-Lake County, Clermont
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 14-X(63)
Committees: Constitutional Amendments and Appor-
tionment (Chairman)
DAVIS, JOE-Seminole County, Sanford
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 11-X(63)
de la PARTE, LOUIS-Hillsborough County, Tampa
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 15-X (63)
DUCKER, JOHN L.-Orange County, Winter Park
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
FAGAN, OSEE R.-Alachua County, Gainesville
Bills, Resolutions and Memorials Introduced: Numbers
5-X (63), 7-X(63), 10-X(63)
Committees: Constitutional Amendments and Appor-
tionment
FAIRCLOTH, EARL-Dade County, Miami

Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 8-X(63), 15-X(63)
Committees: Rules and Calendar
FEE, FRANK HENRY-St. Lucie County, Ft. Pierce
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
GRIFFIN, BEN HILL, JR.-Polk County, Frostproof
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
GRIFFIN, J. J., JR.-Osceola County, St. Cloud
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
GUILFORD, FRANK E.-Calhoun County, Blountstown
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
HASSON, JOHN W.-Sarasota County, Sarasota
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
HOLLAHAN, GEORGE L., JR.-Dade County, South
Miami
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 8-X(63), 15-X(63), 17-X(63)
Committees: Constitutional Amendments and Appor-
tionment
HOLLEY, CHARLES R.-Pinellas County, St. Petersburg
Bills, Resolutions and Memorials Introduced: Numbers
3-X (63), 4-X(63), 7-X(63)
HORNE, MALLORY E.-Leon County, Tallahassee
Bills, Resolutions and Memorials Introduced: Numbers
5-X (63), 7-X(63)
HOSFORD, R. L.-Liberty County, Hosford
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
INMAN, W. M.-Gadsden County, Quincy
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
JONES, LEO C.-Bay County, Panama City
Bills, Resolutions and Memorials Introduced: Numbers
6-X(63), 7-X(63), 12-X(63), 13-X(63)
Committees: Constitutional Amendments and Appor-
tionment
JORDAN, RUSSELL C., JR.-Sarasota County, Sarasota
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
KARL, FREDERICK B.-Volusia County, Daytona Beach
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 16-X(63)
KARST, ART-Indian River County, Vero Beach
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)

40

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

KNOWLES, ROBERT E.-Manatee County, Bradenton
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
LANCASTER, H. E.-Gilchrist County, Trenton
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar; Constitutional Amend-
ments and Apportionment
LAND, HENRY W.-Orange County, Tangerine
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
LILES, WOODIE A.-Hillsborough County, Plant City
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 15-X(63), 16-X(63), 17-X(63)
Committees: Constitutional Amendments and Appor-
tionment
LOEFFLER, DOUGLAS J.-Pinellas County, Largo
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 15-X(63), 17-X(63)
LONG, QUENTIN V.-Broward County, Hallandale
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 17-X(63), 19-X(63)
McALPIN, J. W.-Hamilton County, White Springs
Bills, Resolutions and Memorials Introduced: Numbers
2-X (63), 7-X(63)
McDONALD, LEON N.-Suwannee County, Live Oak
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
McLAUGHLIN, MAURICE-Okaloosa County, Fort Wal-
ton Beach
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
MARKHAM, W. ALLEN-Okeechobee County, Okeechobee
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
MARSHBURN, FRANK-Levy County, Bronson
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
MATTHEWS, CAREY-Dade County, Miami
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 8-X(63), 15-X(63), 17-X(63)
MATTOX, RAY-Polk County, Winter Haven
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
MINER, CHARLES E., SR.-Hendry County, Clewiston
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
MITCHELL, COY J.-Jackson County, Marianna
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)

41

MITCHELL, R. O. (DICK)-Leon County, Tallahassee
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
NASH, OLIVER-Franklin County, Apalachicola
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
O'NEILL, WILLIAM G.-Marion County, Ocala
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar; Constitutional Amend-
ments and Apportionment
OWENS, WILLIAM E.-Martin County, Stuart
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
PEEPLES, JOE H., JR.-Glades County, Venus
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
PRESCOTT, JAMES H. (JIMMY)-Walton County,
DeFuniak Springs
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
PRUITT, JAMES H.-Brevard County, Eau Gallie
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
PUTNAL, HOMER T.-Lafayette County, Mayo
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
RAMOS, HILARIO (Charlie), JR.-Monroe County, Key
West
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
ROBERTS, C. A.-Union County, Lake Butler
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
ROBERTS, EMMETT S.-Palm Beach County, Belle Glade
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 15-X(63), 17-X(63)
ROWELL, E. C.-Sumter County, Wildwood
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar (Vice-Chairman);
Constitutional Amendments and Apportionment
RUSS, BOBBY-Wakulla County, Crawfordville
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
RUSSELL, C. E.-Madison County, Madison
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
RUSSELL, JAMES T.-Pinellas County, St. Petersburg
Beach
Bills, Resolutions and Memorials Introduced: Numbers
7-X(63), 15-X(63), 17-X(63)

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

SAUNDERS, JACK A.-Monroe County, Key West
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
SAUNDERS, S. D. (SAM)-Clay County, Green Cove
Springs
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
SCOTT, BRUCE J.-Lee County, N. Fort Myers
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
SIMS, J. M.-Jackson County, Marianna
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
SLADE, TOM-Duval County, Jacksonville
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
SMITH, S. C.-DeSoto County, Arcadia
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
SMOAK, D. FRANK, JR.-Charlotte County, Port Charlotte
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
STALLINGS, GEORGE B., JR.-Duval County, Jackson-
ville
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
STEVENS, TOMMY-Pasco County, Dade City
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
STONE, GEORGE G.-Escambia County, Atmore, Alabama
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
STRICKLAND, ALLISON R.-Citrus County, Inverness
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
SWEENY, JAMES H., JR.-Volusia County, DeLand
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment (Vice-Chairman)

THOMAS, A. J., JR.-Bradford County, Starke
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 18-X(63)
THOMAS, JERRY-Palm Beach County, Lake Park
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 17-X(63)
Committees: Constitutional Amendments and Appor-
tionment
TURLINGTON, RALPH D.-Alachua County, Gainesville
Bills, Resolutions and Memorials Introduced: Numbers
5-X (63), 7-X (63)
Committees: Rules and Calendar

USINA, F. CHARLES-St. Johns County, St. Augustine
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
WADSWORTH, WILLIAM L.-Flagler County, Bunnell
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
WALKER, JAMES L.-Collier County, Naples
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
WELLS, GORDON W.-Escambia County, Pensacola
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
WESTBERRY, HARRY-Duval County, Jacksonville
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
WHITFIELD, BEN-Taylor County, Perry
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
WILLIAMS, BEN C.-Gulf County, Port St. Joe
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
WILLIAMS, J. J. (Boy)-Holmes County, Bonifay
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
WINGATE, CLAUDE E.-Nassau County, Fernandina
Beach
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Constitutional Amendments and Appor-
tionment
WISE, JAMES H. (JIMMY)-Okaloosa County, Crestview
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63)
Committees: Rules and Calendar
ZACCHINI, RENE A.-Hillsborough County, Tampa
Bills, Resolutions and Memorials Introduced: Numbers
7-X (63), 15-X (63)

42

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

COMMITTEE BILLS, RESOLUTIONS AND MEMORIALS
Select Committee on Constitutional Amendments and
Apportionment 9-X (63)

MISCELLANEOUS SUBJECTS OF THE HOUSE OF REPRESENTATIVES

Subject Page
ATTACHES:
M miscellaneous Clerical ............................ 2
CERTIFICATION OF JOURNALS BY
CHIEF CLERK ...................... ......... 38
COMMITTEES:
Select
A ppointm ent of .............................. 3
Reports of ........................ 7, 8, 15, 16, 17
Special
Appointment of ............................. 26
Reports of ............... .................. 26
COMMUNICATIONS:
Governor's ........................ ........... 1, 11

Subject Page
Senate ................... ........ . .. 7, 26, 32
Suprem e Court ............................... 11
GOVERNOR'S PROCLAMATION ................... 1
HOUSE RULES ................................... 2
LOBBYISTS ................ ............ ...... 37
MEMBERS:
Excused from Attendance ................ 1, 5, 11, 21
Listed ......................... ............ .... 1
ORDER OF THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR LEON COUNTY .................. 30
ROLL CALL ............ 1, 5, 7, 11, 16, 17, 21, 26, 30, 32

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

COMMITTEE BILLS, RESOLUTIONS AND MEMORIALS
Select Committee on Constitutional Amendments and
Apportionment 9-X (63)

MISCELLANEOUS SUBJECTS OF THE HOUSE OF REPRESENTATIVES

Subject Page
ATTACHES:
M miscellaneous Clerical ............................ 2
CERTIFICATION OF JOURNALS BY
CHIEF CLERK ...................... ......... 38
COMMITTEES:
Select
A ppointm ent of .............................. 3
Reports of ........................ 7, 8, 15, 16, 17
Special
Appointment of ............................. 26
Reports of ............... .................. 26
COMMUNICATIONS:
Governor's ........................ ........... 1, 11

Subject Page
Senate ................... ........ . .. 7, 26, 32
Suprem e Court ............................... 11
GOVERNOR'S PROCLAMATION ................... 1
HOUSE RULES ................................... 2
LOBBYISTS ................ ............ ...... 37
MEMBERS:
Excused from Attendance ................ 1, 5, 11, 21
Listed ......................... ............ .... 1
ORDER OF THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR LEON COUNTY .................. 30
ROLL CALL ............ 1, 5, 7, 11, 16, 17, 21, 26, 30, 32

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

INDEX

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

NO. SUBJECT OF BILL INTRODUCED BY PAGES

HOUSE RULES-COMMITTEES ..........
HOUSE EMPLOYEES-Members' Payments .
LEGISLATIVE APPORTIONMENT ........

LEGISLATIVE APPORTIONMENT ........
HOUSE APPORTIONMENT ...............

LEGISLATIVE APPORTIONMENT ........

JOHN J. CREWS, Greetings to .............
LEGISLATIVE APPORTIONMENT ........
SENATE APPORTIONMENT .............

HOUSE APPORTIONMENT ...............
COMMITTEE ON APPORTIONMENT .....
LEGISLATIVE APPORTIONMENT ........

HOUSE APPORTIONMENT ...............
LEGISLATIVE APPORTIONMENT ........
LEGISLATIVE APPORTIONMENT ........
LEGISLATIVE APPORTIONMENT ........
LEGISLATIVE APPORTIONMENT ........
HOUSE APPORTIONMENT ...............
LEGISLATIVE APPORTIONMENT ........

Chappell of Marion-2
McAlpin of Hamilton-2

Holley of Pinellas-3, 16, 17
Holley of Pinellas-5
Turlington of Alachua & Others-5, 7, 8, 9, 10, 15, 16, 17,
20, 21, 22, 23, 26, 29, 30, 32, 36
Jones of Bay-5
Horne of Leon-6
Matthews of Dade-6

Select Committee on Constitutional Amendments and Ap-
portionment-7, 15, 17
Fagan of Alachua-13, 17, 23, 24
Cleveland & Davis of Seminole-13

Jones of Bay-13
Jones of Bay-14, 16
Daniel of Lake-14
Liles of Hillsborough & Others-15
Allsworth of Broward & Liles of Hillsborough-15
Liles of Hillsborough-17
Thomas of Bradford-17
Long of Broward-18

44

HR
1-X (63)
2-X(63)
HJR
3-X (63)
HB
4-X (63)
HJR
5-X (63)
HB
6-X (63)
HR
7-X (63)
HJR
8-X (63)
HB
9-X (63)

10-X (63)
HCR
11-X (63)
HJR
12-X (63)
HB
13-X (63)
HJR
14-X (63)
15-X (63)
HB
16-X (63)
17-X (63)
18-X (63)
19-X (63)

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

45

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

NO. SUBJECT OF BILL INTRODUCED BY PAGES

SB
1-X (63) SENATE APPORTIONMENT ............. Johnson (6th) & Carraway (8th)-7, 12, 17, 18, 19, 20
10-X (63) LEGISLATIVE REAPPORTIONMENT ..... Herrell (13th)-26, 27, 28, 29, 35, 36
SM
12-X(63) MEMORIAL TO CONGRESS; CONSTITU-
TIONAL AMENDMENT; CREATION
OF THE COURT OF THE UNION ...... Whitaker (34th) & Others-33, 34, 36
13-X(63) MEMORIAL TO CONGRESS; CONSTITU-
TIONAL AMENDMENT TO ARTICLE V Whitaker (34th) & Others-32, 33, 36
SCR
14-X (63) SINE DIE ADJOURNMENT .............. Hodges (21st)-34, 35, 36

	Title Page
	Members of the House of Representatives...
	Officers of the House of Representatives...
	January 1963
	February 1963
	Index