florida statutes 1953, volume 2 - research center...resolutions of legislature; printing, 283.12...

50
ICE Dealers or plants, chain store license tax; ex- emption, 204.01 ICE CREAM See: MILK AND MILK PRODUCTS IDIOTS See: FLORIDA STATE HOSPITAL Ch 502, INSANE PERSONS ILLEGAL TAXES Payment of legal taxes prerequisite to relief, A9 sa ILLEGAL WARRANTS Issuance; liability, 129.09 ILLEGITIMATE CHILDREN See: BASTARDS ILLNESS See: SICKNESS IMITATION BUTTER See: MILK AND MILK PRODUCTS: MARGA- RINE IMMIGRATION Bureau of Advertising resources of state through, 19.25 Appropriation, 19.2a Commissi oner of agriculture to keep, A4 S26, Ala S8, 19.01 Expenses, 19.27 Statistician and editor, 19.26 Commissioner of land and immigration, Ala Sa IMMORALITY Attorneys at law, disbarment, 454.24 Charging, libel, a36.02 Pharmacists; revocation of license because of guilt, 465.101 Physicians; revocation of license because of guilt, 45a.l2 IMMUNITY Accused, compelling to be witness against self, DR 12, 9la .09 Board of control, insurance of state vehicles, not pleadable by insurer, 254.02 Defense councils; damages, 252.la Extradition, subject immune from certain civil process, 941.25 Witnesses In proceedings for bribery, burglary, larceny, gambling, illegal sale of alcoholic beverage, 932.29 Insurance, hearings, 643.13 IMPANELING See: JURY. GRAND JURY IMPEACHMENT Attorney general, A3 S29 Chief justice, presiding at trial by, A3 S29 Circuit judges, A3 S29 Commissioner of agriculture, A3 S29 Comptroller, A3 S29 Disqualification of officers impeached, A3 S34 Governor, A3 S29 Grounds for, A3 S29 House of representatives, powers, A3 S29 Indictment or information not required in cases of, DR 10 Judges Disposition of papers, 3a.l2 Matters pending, disposition, 3a.l2 Proceedings, 3a.l2 Judgment, A3 S29 I IMPEACHMENT (Cont.) Misdemeanor in office, cause for, A3 S29 Officers. corrupt prac:tices a:t primary elections Appointm ent to office, promise, 104.071 Contributing m oney , etc., to candidacy of an- other, 104.071 Giving re ward for elector's vote, 104.061, 104.071 Giving reward to newspaper for supporting, 104.071 Penalty for violation of laws, 104.071 Reprieves, in case of, 940.01 Officers; fals e, willful or malicious charges against opposing candidate, 104.271 Pardon after, exceptions, A4 Sl2 President of senate acting as governor on im- peachment of governor, A3 S34 Reprieve in cases of, A4 Sll Secretary of state, A3 S29 State and county officers, failure to give new bond, 137.06 State treasurer, A3 S29 Superintendent of public instruction, A3 S29 Supreme court justices, A3 S29 Trial by senate, A3 S29 Witness es, 90.09, 90.10 IMPLEMENTS Burglars', a10.06 Gambling, a49.01, a49.04-a49.09 Lien for labor, a5.07 IMPLIED TRUSTS Validity, 6a9.05 IMPOTENCE Divorce; ground, 65.04 IMPOUNDING See:HOGS: CATTLE: LIVESTOCK: ANIMALS AND ANIMAL INDUSTRY IMPRISONMENT See: FINES AND PENALTIES: also, specific heads IMPROPER PRACTICES Elections, prohibition by law, A3 S26 IMPROVED LANDS Trespass with intent to injure trees, etc., a21.14 IMPROVEMENT COMMISSION See: FLORIDA STATE IMPROVEMENT COM· MISSION IMPROVEMENT DISTRICTS See: TAXING DISTRICTS IMPROVEMENTS Adverse poss ession, elements, 95.17, 95.19 Benefit from, estimating in condemnation cases, Al6 S29 Betterment proceedings, after ejectment, 70.06, 70.07 Citi :: s and towns See: MUNICIPALITIES Fair and exposition associations, acquiring, etc., 616.oa Funds See: INTERNAL IMPROVEMENT FUND Homestead exemption, AlO Sl Lien for labor in making, a5.04 Married women's property, liability for, All 82 Payment on recovery of lands sold for taxes, 196.07 Removal in construction of drainage works, 29a.22 Telegraph and telephone lines , compelling, 364.15 3233

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Page 1: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

ICE Dealers or plants, chain store license tax; ex­

emption, 204.01 ICE CREAM

See: MILK AND MILK PRODUCTS IDIOTS

See: FLORIDA STATE HOSPITAL Ch 502, INSANE PERSONS

ILLEGAL TAXES Payment of legal taxes prerequisite to relief,

A9 sa ILLEGAL WARRANTS

Issuance; liability, 129.09 ILLEGITIMATE CHILDREN

See: BASTARDS ILLNESS

See: SICKNESS IMITATION BUTTER

See: MILK AND MILK PRODUCTS: MARGA­RINE

IMMIGRATION Bureau of

Advertising resources of state through, 19.25 Appropriation, 19.2a Commissioner of agriculture to keep, A4 S26,

Ala S8, 19.01 Expenses, 19.27 Statistician and editor, 19.26

Commissioner of land and immigration, Ala Sa IMMORALITY

Attorneys at law, disbarment, 454.24 Charging, libel, a36.02 Pharmacists; revocation of license because of

guilt, 465.101 Physicians; revocation of license because of

guilt, 45a.l2 IMMUNITY

Accused, compelling to be witness against self, DR 12, 9la.09

Board of control, insurance of state vehicles, not pleadable by insurer, 254.02

Defense councils; damages, 252.la Extradition, subject immune from certain civil

process, 941.25 Witnesses

In proceedings for bribery, burglary, larceny, gambling, illegal sale of alcoholic beverage, 932.29

Insurance, hearings, 643.13 IMPANELING

See: JURY. GRAND JURY IMPEACHMENT

Attorney general, A3 S29 Chief justice, presiding at trial by, A3 S29 Circuit judges, A3 S29 Commissioner of agriculture, A3 S29 Comptroller, A3 S29 Disqualification of officers impeached, A3 S34 Governor, A3 S29 Grounds for, A3 S29 House of representatives, powers, A3 S29 Indictment or information not required in cases

of, DR 10 Judges

Disposition of papers, 3a.l2 Matters pending, disposition, 3a.l2 Proceedings, 3a.l2

Judgment, A3 S29

I IMPEACHMENT (Cont.)

Misdemeanor in office, cause for, A3 S29 Officers. corrupt prac:tices a:t primary elections

Appointment to office, promise, 104.071 Contributing m oney, etc., to candidacy of an­

other, 104.071 Giving r eward for elector's vote, 104.061,

104.071 Giving reward to newspaper for supporting,

104.071 Penalty for violation of laws, 104.071 Reprieves, in case of, 940.01

Officers; fals e, willful or malicious charges against opposing candidate, 104.271

Pardon after, exceptions, A4 Sl2 President of senate acting as governor on im-

peachment of governor, A3 S34 Reprieve in cases of, A4 Sll Secretary of state, A3 S29 State and county officers, failure to give new

bond, 137.06 State treasurer, A3 S29 Superintendent of public instruction, A3 S29 Supreme court justices, A3 S29 Trial by senate, A3 S29 Witnesses, 90.09, 90.10

IMPLEMENTS Burglars', a10.06 Gambling, a49.01, a49.04-a49.09 Lien for labor, a5.07

IMPLIED TRUSTS Validity, 6a9.05

IMPOTENCE Divorce; ground, 65.04

IMPOUNDING See:HOGS: CATTLE: LIVESTOCK: ANIMALS

AND ANIMAL INDUSTRY IMPRISONMENT

See: FINES AND PENALTIES: also, specific heads

IMPROPER PRACTICES Elections, prohibition by law, A3 S26

IMPROVED LANDS Trespass with intent to injure trees, etc., a21.14

IMPROVEMENT COMMISSION See: FLORIDA STATE IMPROVEMENT COM·

MISSION IMPROVEMENT DISTRICTS

See: TAXING DISTRICTS IMPROVEMENTS

Adverse possession, elements, 95.17, 95.19 Benefit from, estimating in condemnation cases,

Al6 S29 Betterment proceedings, after ejectment, 70.06,

70.07 Citi::s and towns See: MUNICIPALITIES Fair and exposition associations, acquiring, etc.,

616.oa Funds See: INTERNAL IMPROVEMENT FUND Homestead exemption, AlO Sl Lien for labor in making, a5.04 Married women's property, liability for, All 82 Payment on recovery of lands sold for taxes,

196.07 Removal in construction of drainage works, 29a.22 Telegraph and telephone lines, compelling, 364.15

3233

Page 2: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3234

IN REI PERPETUAM Depositions See: DEPOSITIONS

INALIENABLE RIGHTS Guaranteed, DR 1

INCEST Elements of offense, 741.21 Penalty, 741.22 Prohibited degrees, 741.21

INCLOSURES See: FENCES, TRESPASS Ch 821

INCOME See: PRINCIPAL AND INCOME

INCOME TAX Levy forbidden, A9 Sll

INCOMPETENCY AND INCOMPETENTS See: FLORIDA STATE HOSPITAL; FARM COL­

ONY FOR EPILEPTICS AND FEEBLE MIND­. ED; INSANE PERSONS; GUARDIANS AND WARDS; PHYSICALLY AND MENTALLY

INCAPACITATED Curators; appointment, 747.05 Grand jurors, 905.01, 905.04 Jurors, 54.12 Mental and physical incompetents, generally,

394.20-394.23 Parties in trust proceedings, 737.06 Process, service, 47.25, 48.15

INCONSISTENCY Previous statements by witnesses, 90.09, 90.10

INCORPORATION See : CORPORATIONS; MUNICIPALITIES

INCORPORATION BOOK Clerk of circuit court to keep, 28.22

INCORPORATORS See: CORPORATIONS

INCRIMINATING TESTIMONY See: WITNESSES

INDECENCY See: OBSCENITY

INDECENT EXPOSURE Penalty, 800.03

INDECENT LANGUAGE Elements of offense, 847.04 Penalty, 847.05

INDEFINITE IMPRISONMENT Prohibition, DR 8

INDEMNITY Bonds, duplicate warrants lost or destroyed, 17.13 License taxes on trust companies, 205.43 Lost negotiable instrument, suit on, 54.01 Reciprocal insurance See: INSURANCE Surrender of certain lands to United States,

253.21 INDENTURE

Apprenticeship See: APPRENTICES; BAR­BERS, Ch. 476; Apprenticeship Council under FLORIDA INDUSTRIAL COMMISSION

INDEPENDENCE DAY · Legal holiday, 683.01, 683.02

INDEXES Attorney General, official correspondence, 16.01 Auto-theft fund, 319.08 Bureau of vital statistics; record of births and

deaths, 382.32, 382.321 Clerk of circuit court to keep, 28.21, 28.221,

28.22, 28.23

INDEXES (Cont.) Commissions of state officers, 113.06 Corporations, 608.34 County judge's records, 36.14 Criminals, 28.26 Drivers licenses, 322.20 General alphabetical; direct and inverse, 28.221 Journals of legislature, 283.12 Laws, printing, 283.12 Motor vehicles

Owner or vendor and vendee, 319.08 Registrations, applications, 320.105 Stolen cars, 319.08

Proceedings in bankruptcy, 28.28 Records, circuit court, 28.21, 28.22, 28.221, 28.23 Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF

STATE Shellfish bars, record of leases, 370.16(6) Small loans, orders, rules and regulations, 516.22 Statutes of Florida, 16.44

INDIAN MOUNDS Archaeological survey, 376.03 Collection of specimens, 376.04

INDIAN RIVER COUNTY Boundaries, 7.31 Circuit court terms, 26.30 Congressional district, sixth, 8.01 Judicial circuit, 26.10 Representatives in legislature, number, 10.03 Senatorial district, 10.01

INDIAN WARS Records of Florida volunteers, 250.10

INDIANS . , See also : SEMINOLE INDIAN RESERVATION.

Ch. 285 Intoxicating liquors, gift or sale, 569.07

INDICTMENT AND INFORMATION Accessories before the fact, 776.02 Acquitted person tried for same crime, 909.06 Allegations

Alternative or disjunctive, 906.13 Charging offense divided into degrees, 906.23 Felonious, omission, 906.17 Indirect, 906.14 Intent to defraud, 906.18 Judgments, 906.11 Name of association or corporation, 906.08 Name of person other than defendant, 906.08 Negativing exceptions, 906.12 Ownership in embezzlements, 906.21 Previous conviction of felony, 775.11 Wills, value and ownership of concealed or de­

stroyed, 811.04 Amendment

Caption or commencement, 906.02 Information, upon change of venue, 911.10

Appeal by state from order quashing, 924.07 Arraignment, 908.01 Arrest of defendant after indictment

Capias, issuance, 907.01 Disposition of defendant, 907.04 Summons, 907.02

Associations, description, 906.08 Attempts to commit perjury, 906.16 Bill of particulars

Court may order, 906.07 Description

Names, corporations and associations, 906.08 Names, persons other than defendant, 906.08 Written instrument, 906.09 Written matter, 906.10

Surplusage, 906.24 Capias on, 907.01

Page 3: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3235 INDEX I

INDICTMENT AND INFORMATION (Cont.) Capital crimes requiring, DR 10 Caption, 906.02 Carrying concealed weapons, 790.03 Commencement, 906.02 Commissioner of agriculture, transmitting certi-

fied copies to, 954.27 Concealing death of bastard child, 782.17 Conclusion, 906.03 · Conspiracy to falsely indict, 833.01 Construction of laws, prior indictment, 906.26 Convict previously convicted of a felony, 775.11 Copy, furnishing defendant, 906.28, DR 11 Corporation, description, 906.08 County court, trial in, 34.13 Criminal courts of record

Necessity for, 32.18 Prosecution and trial, A5 S28

Custody, 906.27 Defects and variances, 906.25 Definitions, terms used in law, 906.01 Defrauding, 817.11-817.13 Degrees of offenses, 906.23 Descriptions

Names, corporations and associations, 906.08 Names, persons other than defendant, 906.08 Written instruments, 906.09 Written matter, 906.10

Discharge of defendant, indictment or informa-tion unduly delayed, 915.01

Disjunctive allegations, 906.13 Disturbing assemblies, 871.02 Docketing, 932.48 Drafting, 905.19 Embezzlement

Alleging ownership, 906.21 Variance, 906.20

Endorsement, names of witnesses, 906.29 Exceptions, negative, 906.12 Failure to inform or indict, costs, 939.14 Felonies

Generally, 906.17 Second or subsequent, 775.11

Filing, 32.19, 932.47 Forgery, evidence, 906.22 Forms

Hit and run driving, 932.49 Indictment, generally, 906.05 Information, generally, 906.06 Motion to quash, form and contents, 909.03 Murder and manslaughter, 923.03 Perjury, 923.03

Fraud, how intent to defraud alleged, 906.18 Grand jurors

Allegations as to empaneling, swearing, et 906.02

Disclosing finding of indictment, 905.26 Finding indictment by grand jury of another

county, 905.21 Number concurring in finding of indictment,

905.23 Presentment of grand jury, 932.15

Habeas corpus Attacking indictment or information, 909.04 Trial of defendant pending appeal, 909.22

Hit and run driver, 932.49 Impeachment, not bar to, A3 S29 Indirect allegations, 906.14 Inference, allegations, 906.14 Inspection, 906.27 Intent to defraud, alleging, 906.18 Interpretation of laws re, 906.26 Intoxicating liquors, violation of laws regulating,

568.09, 568.13 Joinder of offenses, murder and concealing death

of bastard child, 782.17

INDICTMENT AND INFORMATION (Cont.) Judgments, reference to, 906.11 Jurisdiction See: VENUE: Also specific heads Juvenile court, A5 S50 Larceny

Changes generally, 811.021 Testamentary instrument, 811.04

Libel, 906.15 Misjoinder of offenses, 906.25 Motion to quash, form and content$, 909.03 Murder, concealing death of bastard child,

joinder of charge, 782.17 Names

Associations or corporations, 906.08 Person other than defendant, 906.08

Nuisance, 823.01 Oath, must be under, when, DR 10 Objections after motion to quash or plea, 906.04 Offenses divided into degrees, 906.23 Pardon, copy to accompany application, 940.03,

940.04 Perjury and kindred offenses, 906.16 Plea of guilty

Court open for, 32.08 Form, 909.07

Pleading See: CRIMINAL PROCEDURE Preparation, 27.03, 27.16 Process

Bail, indictment, amount, 907.01 Summons

Corporation, issuance, 907.03 Individual, issuance, 907.02

Property defined, 906.01 Prosecuting afforney

Amendments, 911.10 Oath, 923.03 Reading on arraignment, 908.01 Signature of, 34.12, 923.03 Witnesses, motion to compel furnishing names,

906.29 Prosecution by

Indictment, 904.01 Information, 904.01

Quash Amendment after motion, 906.02 Appeal by state from order, 924.07 Defects, 906.25 Defendant must be present, 909.03 Failure to move to quash, effect, 909.06 Form and contents of motion, 909.03 Grounds

Formal defects, 906.17, 906.25 Former jeopardy, 909.06

Hearing on motion, 909.03 Limitation of prosecutions, 932.05 Misjoinder of offenses, 906.25 Motion substituted for certain pleas, 909.02 Pardon, 909.06 Right to move for, 909.04 Sustaining motion, effect, 909.05 Time for moving, 909.01, 909.03

Real estate brokers and salesmen, proceedings to revoke, etc., registration, 475.26

Receiving stolen property, 906.19 Recital, allegations by way of, 906.14 Relationship of grand juror to accused, 932.16 Return, 905.21, 905.23 Second and subsequent felonies, 775.11 Signing informations, 27.16, 32.17, 32.25, 906.04 State attorney to prepare, sign, 27.03, 905.23 Statutes, negativing provisos, exceptions and ex-

cuses, 906.12 Summons, issuance, 907.02, 907.03 Surplusage, 906.24 Trial of persons in custody, 909.23

Page 4: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3236

INDICTMENT AND INFORMATION (Cont.) Trial on, DR S10, 34.13, 775.11, 909.23 Trusts, violation of law against, 542.06 Vacation, filing in, 32.19, 932.47 Variances, 906.25 Venue See: VENUE Verification, 906.04 Weapons, carrying concealed, 790.03 Witnesses

Endorsement of names, 906.20 Names furnished· on request, 906.29

Written instruments, description, 906.09 Written matter, description, 906.10

INDIGENTS See also: POOR PERSONS; STATE WELFARE

BOARD; SOCIAL WELFARE Free passes on railroads, 352.22 Swearing out warrant before county judge, 36.18

INDIVIDUALS, A5 S28 Appropriation of money for or loan of credit by

counties, etc., prohibited, A9 S10 State credits, pledge to, prohibited, A6 S5

INDORSEMENT See: ENDORSEMENT; NEGOTIABLE IN­

STRUMENTS INDORSERS

See: ENDORSEMENT; NEGOTIABLE IN­STRUMENTS

INDUSTRIAL COMMISSION See: FLORIDA INDUSTRIAL COMMISSION,

Ch 440 INDUSTRIAL EDUCATION

See : Vocational Education under SCHOOLS AND SCHOOL CODE

INDUSTRIAL INSURANCE See: INSURANCE Premiums; refunds, 635.05

INDUSTRIAL PLANTS Operation on Sunday permitted, 855.07 State institutions, 959.01 Tax exemptions, A9 S12, S14

INDUSTRIAL SCHOOLS See: FLORIDA INDUSTRIAL SCHOOL FOR

BOYS; FLORIDA INDUSTRIAL SCHOOL FOR GIRLS

INDUSTRIAL TRUST FUND State prison, 954.51

INDUSTRY ADVISORY COUNCILS Florida industrial commission; appointment,

443.12 INERT MATTER

Seeds; defined, 578.011 INFAMOUS CRIMES

See also: Specific heads Conviction of, effect, A6 S5 Electors, disqualification, 97.041, 112.01 Jurors, disqualification, 40.01 Office. disqualification to hold, 112.01

INFA;NTS .. See: ADOPTION; GUARDIANS AND WARDS;

PARENT AND CHILD Abandonment, 828.04, 856.04 Accounts, examination of guardian's, 745.01-

745.06 Actions • · " A,ps,wer, 62.05 . ·· Death of mino:r child, 768.03

. :,<, :CiiAitat,ipns - : - H'eirs, conveyances, 95.22

Real actions, etc., 95.20 Removal of disability of .nonage for certain

litigati<;m, 743.01, 743.02, 743.03 Next friend, · 45.02

INFANTS (Cont.) Adopted children

Inheritance, 731.30 P'lrents, 768.02 Support allowance, 733.30, 742.07

Adverse possession, against, 95.20 Air and twenty-two caliber rifles, use regulated,

790.22 Alcoholic beverages, etc., sale to, 562.11 Apprentices See: Apprenticeship Council under

FLORIDA INDUSTRIAL COMMISSION Banks and trust companies

Deposit in, 659.28 Trustees of estate, 660.01

Bastards See: BASTARDS BB gun, use regulated, 790.22 Billiard or pool tables, permitting playing on,

849.06 Birth certificates See: VITAL STATISTICS,

Ch 382 Births, prophylactic for eyes, 383.04 Bond for support of, 856.04 Building and loan associations, stockholders,

665.26 Carnal intercourse with unmarried female under

eighteen years of age, 794.05 Certificate of eligibility for employment, 45'0.111,

450.171 Child labor See: Employment Children, employment of, minimum age of,

450.051 Cigarettes, sale, 859.06, 859.07 Commutation of sentence to jail, 955.18 Compulsory settlement by persons holding inter-

ests of minors, 736.02 Contracts, married minors, 62.25, 743.01-743.03 County judges, jurisdiction of estates, A5 S17,

36.01 , 744.05 Credit unions, membership, 657.13 Crimes, notice to parents or guardians, 932.38 Crippled See: FLORIDA CRIPPLED CHIL-

DREN'S COMMISSION Cruelty to, 828.01

Agents of societies, etc., powers, 828.03 Duties of sheriff and constables, 828.01 Hiring and employing, for certain purposes,

450.151 Societies for prevention, 828.01, 828.03 Torturing or unlawfully punishing, 828.04

Death by wrongful act, action, 768.02-768.04 Decrees against, validation, 62.17 Dependent or delinquent children

Agencies receiving and caring for License to operate, 409.05 Visitation, 416.08

Assistance, 409.18 Contributing to delinquency, penalties, 828.19 Detention homes

Acquisition of lands, 416.06 Board -of trustees, 416.05 County · board of visitors

Appointment, etc., 416.07 Compensation, duties, 416.08 Expenses, 416.08

Employees, 416.06 Establishment by counties, 416.01 Joint maintenance by two or more counties,

416.05 . . . Parole by , juvenile court judge, 416.03 Reports. 416.08 Sup~rintcndent or matron, 416.01, 416.06 Training of inmates, 416.04

; TJ,"ansfer of children whe:r:e county does not ' . rriai'ntain, 416.02. q- ,. . . ..

Who may be placed in, 416.01

Page 5: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3237 INDEX I

INFANTS (Cont.) De,pendenl: or delinquent children (Cont.)

Encouraging delinquency, penalties, 828.21 Interfering with enforcement, 828.20 Juvenile court See also: JUVENILE COURT

Literary and industrial training Authorized, 416.04 Joint maintenance of school by two or

more counties, 416.05 Poor women having dependent children

See: POOR PERSONS Probation officers See: JUVENILE COURTS

Dependent, support See: SUPPORT OF DE-PENDENTS, Ch. 88

Deposits, savings banks, withdrawals, 654.03 Desertion of, 856.04 Disabilities See: Removal of Disabilities Divorce

Care, etc., 65.14 Contribution for maintenance, 65.10 Effect of decree, 65.05

Dog and horse races; restrictions, 550.04 Drawers of bills of excha,nge, 676.03 Education; deceased war veterans, 295.01 Employment

Abstract law for posting to be furnished em-ployers, 450.101

Administration, 450.111, 450.121 Age requirement, 450.021 Age requirement to certain occupations,

450.021, 450.031, 450.041, 450:051, 450.061 ·Agencies; prohibition against accepting appli-

cations for employment, 449.10 Agricultural, 450.011 Barroom, 450.071 Billiard room, 450.071 Brewery, 450.071 Certificate of eligibility, 450.111, 450.171

Application, procedure, 450.171 Inspection, 450.121 Requirements, 450.111 Waivers to r elieve hardship; industrial com-

mission may grant, 450.111 Children under twenty-one, saloon, 450.071 Consent of guardian necessary, 450.131 County school superintendents, violations re-

ported by, 232.17 Days and hours of, 450.031, 450.081 Domestic service, 450.011, 450.111 DTessing rooms for girls, 450.091 During school terms, 450.011, 450.021, 450.031,

450.081, 450.111 Duties of enforcement of law, 450.121 Enforcement of law by Florida industrial

commission, 450.121 Exceptions, 450.111, 450.161 Exemptions, 450.011 Exemptions and exceptions, 450.071, 450.111,

450.161 Farm work, defined, 450.011 Florida industrial commission, administration,

450.081, 450.171 Generally, 450.011, 450.021 Grand jury to investigate violations, 450.121 Guardian's consent necessary, 450.131 Guardians and wards See: GUARDIANS AND

WARDS Hard::<hip, exceptions to relieve, 450.111 Hazardous occupations

Age limitation, 450.061 Generally, 450.061

INFANTS (Cont.) Employment (Cont.)

Hazardous occupations (Cont.) Motion picture industries, determination,

. 450.171 Hours of employment in certain occupations,

regulated, 450.031, 450.081 Inspection of places covered by child labor

law, 450.121 Inspectors, employment, 450.121 Investigation of violations of law protecting,

450.121 Investigations by Florida industrial commis­

sion, 450.101, 450.171 Limitations and requirements, 450.011, 450.021,

450.031, 450.041 Lunch periods, requirements, 450.081 Messengers, age r equirements, 450.041 Minimum age, 450.021, 450.031, 450.051 Motion picture industries

Industrial commission, duties, 450.171 Investigations, 450.171 Qualifications, 450.171 Records r equired for days worked, 450.171 Regulations, 450.171 Violations, penalties, 450.171

Newspapers, sale; minimum age, 450.031 Occupations

Dangerous or injurious to health, prohibited 450.151 '

Exempt from regulations, 450.011 Hazardous, 450.061 Prohibited, 450.051, 450.061, 450.071, 450.151

Parents' consent n ecessary, 450.131 Penalties for violation of law, 450.141 Posting schedule of working hours and ab­

stract of law, 450.101 Prohibited employment, 450.061, 450.071,

450.151 Race tracks; restrictions, 550.04 Record required for days worked, 450.171 Records to be kept by employer, 450.101 Revocation or suspension, 450.171 Rul17s and regulations, motion picture, indus-

tnes, 450.171 Safeguards around machinery, 450.061 Safety appliances, 450.061 Saloon, 450.071 Sanitary facilities required, 450.091 Schedule of working hours and abstract of

laws, posted, 450.101 · Seats to be provided for females under eigh­

teen, 450.091 Separate sanitary facilities for boys and girls

450.'091 ' State labor inspector, substituted for indus-

trial commission, 450.121 Street trades, regulated, 450.'031 U~cle~ned walls to be painted, 450.091 V~olat~on of law, penalties, 450.141, 450.171 Vwlat.IOn of laws ~or protection, 450.121 VocatiOnal educatiOn, exemptions from law

450.161 , Walls, painting of, when required, 450.091 Washrooms required, 450.091 Water closets required, 450.091 White.washing unsanitary walls, 450.091 Workmg hours regulated, 450.021 450 031

450.081 ' . ' Workmen's compensation in case of violation

of child labor law, 440.54 Encouraging or contributing to delinquency or

dependency, 828.19-828.21 ·

Page 6: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3238

INFANTS (Cont.) Estates

See also : GUARDIANS AND WARDS; Guardians under COUNTY JUDGES­COUNTY JUDGES COURT

Appellate jurisdiction, A5 SS5,11 Original jurisdiction, A5 S17

Executors and administrators Compelling settlement, 736.02, 73.6.03 Durante minoritate, 732.46 General requirements for appointment, 732.45,

732.46 Suits against

Administered estates, 734.23 Unadministered estates, 734.29

Factory; children, employment of, minimum age of, 450.051

Florida industrial commission, administration, 450.111, 450.121

Gambling, permitting, 849.04, 849.06 Guardian ad litem See: GUARDIANS AD

LITEM Guardians See: GUARDIANS AND WARDS Hygiene, 383.01-383.07 Industrial schools See: FLORIDA INDUS·

TRIAL SCHOOL FOR BOYS; FLORIDA IN· DUSTRIAL SCHOOL FOR GIRLS

Jurisdiction of county judge, 36.01 Juvenile courts See: JUVENILE COURTS Kidnaping, 805.01, 805.02 Killing unborn child, 782.09, 782.10 Legal disabilities, special or local laws, A3 S20 Legitimizing, special or local laws, A3 820 Lewd, lascivious behavior in presence of, 800.04 Limitations of actions

Heirs., conveyances; limitat ion of action, 95 .~2 Real actions, etc., 95.20 Removal of disability of nonage for certain

litigations, 743.01, 743.02, 743.03 Loans; servicemen's r eadjustment act ; removal

of disabilities, 295.13 Marriage

Consent, 741.04 License, issuance, conditions, 741.06

Mills ; children, employment of, minimum age of, 450.051

Minimum age for employment Exemptions, 450.011, 450.061, 450.071, 450.161 Generally, 450.021, 450.031, 450.051 Limitations and requir~ments, 450.011, 450.021,

450.031, 450.041, 450.061, 450.071 Motor vehicles~ license to operate, 32~.07-322.11 Negotiable instruments, endorsement, 674.24 Next friend, suit by, 45.02 Nonresident, guardian ad litem, 48.15 Notice to parent or guardian of offense charged

against, 932.38 Patronizing, etc., dance hall, 562.48 Probation officers; appointment, 415.08, 415.11 Process, service, 47.23, 47.24 Prophylactic for eyes at birth, 383.04 Race meetings, 550.04 Rape, elements of crime, proof, punishment, etc.,

794.01 Real estate, sale, A3 820 Removal of disabilities

Death of wife of minor, 743.02 Decree

Evidence, 62.26 Form, contents, 62.25

Divorced persons, 743.02, 743.03 Married females, 743.03 Married males, 743.01 Petitions, contents, 62.24

INFANTS (Cont.) Removal of disabilities (Cont.)

Powers of judge, 62.23 Proceedings, 62.25 Record, 62.26

Service of process, 47.23, 47.24 Servicemen's readjustment act, authority to

enter into contracts, '743.04 . Servicem en's readjustment act; r emoval of dis­

ability of applicant and spouse, 295.13 Sex cffenses against See: SEX OFFENSES

AGAINST CHILDREN Suits on behalf of

Settlements to be approved, 45.02 Supervision of amount recovered, 45.02

Support, 733.20 Support of, See: SiUPPORT OF DEPENDENTS,

Ch. 88 Theatres

Children, Employment of, minimum age of 450.051 '

Vocational education, exemptions from child labor law, 450.161

Unborn, killing, 782.09, 782.10 Weapons .

Furnishing, penalty, 790.17 Sale, penalty, 790.18

Welfare and hygiene of maternity and infancy 383.01-383.03 '

White and colored, separate schools, A12 S12 Wills

Capacity to make, 731.04 Children born after execution, 731.11 Death of child before testator, 731.20 Revocation by birth of child, 731.14

Workman's compensation; definition of child, 440.02

INFECTIOUS DISEASES See: Animal Diseases under ANIMALS AND

ANIMAL INDUSTRY: CONTAGIOUS AND INFECTIOUS DISEASES; HEALTH

INFIRM PERSONS . Benefits, A13 S3 Tax exemption, A9 S9

INFORMATION See: INDICTMENT and INFORMATION

INFRINGEMENT Trade-mark or trade name, 506.06-506.11

INHERENT POWERS In people, DR 2

INHERITANCE See: Descent and distribution under PROBATE

LAW: EXECUTORS AND ADMINISTRA· TORS

INHERITANCE AND ESTATE TAXES Acquittal of estate of liability, 198.33 Action to enforce payment, 198.25 Additional tax, 198.18, 198.19 Administration of law by comptroller, 198.05 Administrators See: Executors, administrators

and trustees Agents, examiners, etc., appointed by comptroller

Alien decedents' estates, 198.04 Bonds, 198.07 Powers and duties, 198.07 Special appraisers, 198.11

Amount, 198.02-198.04 Agreements re, 198.27 Limitation, A9 Sll Rate, 198.02

Apportionment unless otherwise directed, 734.041

Page 7: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3239 INDEX I

INHERITANCE AND ESTATE TAXES (Cont.) Appraisals, 198.06 Appraisers, appointment, 198.11 Assessments, time, 198.28 Attorneys, 198.07, 198.10

Penalty for failure to exhibit records on re-quest, 198.36

Certificate of nonliability, 198.32 Citation of law, 198.42 Claim, penalty for false, 198.38 Collection, levy and sale, 198.20, 198.25 Commissioner of revenue

Actions by or against, 198.10, 198.17, 198.25 Appeals from orders, 198.17 Appraisals, 198.06, 198.11 Bonds in suits, 198.10 Certificate of nonliability, 198.32, 198.33 Certification of amount due, 198.19 Comptroller, 198.01, 198.05 Deputy commissioners, 198.07 Determination of value, 198.16 Disposition of taxes collected, 198.34 Employment of attorneys and others, 198.10 Enforcement of law, 198.05 . Extension of time for payment of tax, 198.15 Fees, 198.22, 198.32 Forms, furnishing, 198.08 Investigations where dissatisfied with valua-

tions, 198.16 Notice of death to, 198.12 Oaths administered by, 198.06, 198.07 Receipts for taxes, 198.19 Refunds, 198.29 Reports, 198.12 Returns

Extension of time to make, 198.14 False, recourse, 198.14 Hearings, 198.16 State treasurer of taxes collected, 198.37

Rules and regulations, making, 198.08 Suits by or against

Authority, 198.10 Special counsel, 198.10

Warrants for nonpayment of taxes, 198.20 Excess payments, 198.29

Commissioners, U. S. internal revenue; inspec­tion of records, 198.09

Compensation. appraisers. 198.11 Special counsel, 198.10

Comptroller; duties, 198.06 Computation of tax by executor of estate, 198.13 Corporate executor of nonresident decedent;

duties and powers, 198.31 Costs

Action to enforce penalties, 198.36 Prosecutions, 198.37, 198.38, 198.40 Sheriff; collection of tax, 198.20

County judges Apportionment unless otherwise directed,

734.041 Compensation, 198.30 Duties, 198.30 Reports of deaths to comptroller, 198.30 Settlement of estates, duty, 198.30

Date law effective, 198.43 Deficiency, determination, 198.16, 198.17

Warrant for collection, 198.20 Definitions of terms used in law, 198.01 Deposits in banks, 198.01, 198.04 Deputy commissioners, appointment, 198.07 Discharge of estate, 198.33 Disposition of proceeds, 198.34 Distribution, A9 S11 District of Columbia, exemptions, 198.44 Dower, 731.34

INHERITANCE AND ESTATE T .1\,XES (Cont.) Effective date of law, 198.43 Effectiveness of law re, 198.41 Entire estate liable for tax, 198.21 Estate defined, 198.01 Examination of books, etc., by comptroller, 198.06 Examiners, appointment, 198.07 Excess tax paid, refund, 198.29 Executors, administrators and trustees

Allowances of final account before payment of tax forbidden, 198.26

Apportionment unless otherwise directed, 734.041

Final account, 198.26 Liability on failure to pay tax, 198.23 Notice of death to commissioner, 198.12 Payment before distribution, 734.041 Settlement of estate, payment of taxes prere-

quisite, 198.26 Tax returns, contents, 198.12

Exemptions, 198.44 Expenses incurred in administration of law,

198.07 Extension of time for payment, 198.15 Failure to make return, extension of time, 198.14 Failure to pay tax

Penalty, 198.40 Warrants for, 198.20 When due, 198.20

False return, penalties, 198.14, 198.16 Federal estate taxes, credits, 198.02 Fees, sheriff, 198.20 Fines, 198.37, 198.38, 198.40 Forms, 198.08 Fraud, 198.14, 198.16, 198.28, 198.38, 198.39 General revenue fund, payment of taxes, fees,

etc., 198.34 Gross estate, determination of value, 198.16 Information confidential, exceptions, 198.09 Inoperative, when law shall be, 198.41 Interest on tax, 198.15, 198.16 Internal revenue agents, inspection of returns,

198.09 Interpretation of laws, 198.35 Inventory of decedent's property, 198.12 Investigations by comptroller, 198.06 Lien, release, when, 198.22

Additional taxes, 198.18, 198.19 Unpaid taxes, 198.22, 198.32

Net estate Definition, 198.01 Determination of value, 198.16 Nonresidents, 198.03, 198.44 Tax return, 198.12

Nonresident decedents' estates, 198.44 Notice of death of decedents, 198.12 Notice of lien, 198.33 Oaths; power to administer; returns under, 198.06,

198.07, 198.12 Payment, 198.15-198.19

Before distribution, 734.041 Discharge of heirs and others, 198.19 Failure, 198.20, 198.37 General revenue fund, credit, 198.34 Interest, 198.15 Penalty for delay or failure, 198.16, 198.37,

198.40 Receipts, 198.19 Refunds, 198.16, 198.29 Time, 198.15 To state treasury, 198.34

Penalties for violation of law, 198.37, 198.38

Page 8: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

1 INDEX 3240

INHERITANCE AND ESTATE TAXES (Cont.) Penalty

Attempted evasion of tax, 198.40 Failure to file returns, 198.37 Failure to pay tax, 198.40 Failure to produce records, 198.36

. False returns, 198.38 False statements, 198.39 Fraud, 198.16, 198.28

Prima facie liability of estate, 198.32

Property Definition, 198.01 Subject to tax, 198.21

Publication of statistics, 198.09 Rates, 198.02 Real estate, sale to pay tax, 198.24 Receipts for taxes, 198.19 Recomputation of tax, 198.16 Records, failure of executor to produce, 198.36,

198.37 Refunds, duty to make, 198.16, 198.29 Reports, county judges, 198.30 Resident defined, 198.01 Returns

By executor of estate, 198.12, 198.13 Examination, 198.16 Extension of time ; failure to make, 198.14 False statements, 198.38, 198.39 Penalty for failure to make, 198.36, 198.37

Rules and regulations, authority to make, 198.08 Sale by executor to pay tax, 198.24 Sheriff, collection by, 198.20 Tentative settlement, 198.19 Time

Assessment of tax, 198.28 Death of decedent, 198.43 Filing return. 1!18.12, 198.14 Taxes due, 198.15

Title of law, U:lll.42 Transfer defined, 198.01 Trustees See: Executors, administrators and

trustees Value of estate, determination, 198.16 Violation of law, penalty, 198.37-198.40

INJUNCTION Abatement of nuisance See: NUISANCES

- Abstract of title, restraining removal, 703.10 Agreements, injunction to enforce certain, 542.12 Alimony, in aid, 65.11 Appeal

Railroad and Public Utility Commissioners' orders, 350.64

Supersedeas, 59.13 Architecture board, 466.18 Auto transportation company operating without

certificate, 323.24 Barbers' sanitary commission, 476.24 Bill to be filed for , 64.01, 443.15 Bond, 64.06

Dam•ages, assessment in chancery, 64.16 Municipal corporations or taxing districts, 64.04 Without, 64.03 ·

Cancellation of tax certificates held by state, comptroller, party defendant, 196.04

Certified public accountants,· restraining viola-tion of law regulating, 473.05

Chancery court always open, 62.01 Chiropodists, violations of law, 461.16 Circuit courts and judges may issue, A5 Sll

INJUNCTION (Cont.) Citrus fruit law violations, 601.73 Combination against Florida meats, restraining,

544.03 Commercial feed law, restraining violation,

580.19 Conservation law enforcement, 370.02(10) Copyrighted musical compositions, violation of

law relating to use, etc., 543.13 Cosmetics; violation law, 500.05 Costs before court commissioner, 31.06 Court commissioners, issuance by, A5 S14 Courts always open for, 62.01 Damages

Assessment in chancery, 64.16 Security for, 64.10 Stay of proceeedings, 64.02

Dentists, unlawful practice, 466.29 Destruction of timber, restraining, 64.08 Discount consumer financing, 519.12 Diseased animals, enforcement of law, 585.36,

585.37 Dismissal of bm, 64.02 Disqualification of judges, 38.09 Dissolution

Evidence, 64.06 Motions, 64.05

Election changing county seats, 138.06 Equitable garnishment, 62.22 Evidence, 64.06 Execution against another, restraining, 64.07 Exempt personal property, sale of, 222.06 Fairs and expositions, restraining illegal acts,

616.09 Florida livestock board, 585.36, 585.37 Florida seed certification law violations, 575.08 Food, violation of law, 500.05 Gasoline, sale of; restraining, 207.30 Homesteads; sale; setting apart, 222.09, 222.10 Hotels, etc., enforcement of law, 511.31 Housing authority, against, 421.18 Insurance

Companies, restraining transaction of business, 626.13

Unfair competition and practices, 543.09 Issuance only after bill filed, 64.01 Law, staying proceedings at, 64.02 License taxes, restraining person failing to pay,

205.10 Liens, enforcement, 86.08 Marketing contracts, restraining breach, 619.07 Medical technology act violators, 483.19 Milk and milk products, restraining violation of

law re, 501.08, 502.26 Mines and minerals, waste, wash and debris

from mines, 533.03 Mortgaged personal property, restraining re­

moval, 64.09, 699.12 Musical compositions, violation law, 543.05,

543.13, 543.32 Nuisance See: NUISANCES Optometry practice law, restraining violation,

463.19 Parties defendant, restraining tax sale, 196.03 Pesticide law, restraining violation, 487.12 Pharmacy board, 465.19 Pleadings, 64.01 Preliminary injunction

Beauty culture law, violations. 477.28 Milk commission law, 501.08, 501.13 Nuisances, abatement. 64.12 Small loan law violations, 516.23

Principal's property, restraining disposition, 64.10

Page 9: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3241 INDEX I

INJUNCTION (Cont.) Public accountants ; violation, law regulating,

473.05 Railroad and public utilities commission, suits by,

350.62, 350.65 Railroads and common carriers, violation of rates

by, 350.65 Real estate brokers and salesmen, against, 475.39 Regulation of traffic, 360.13 Removal of property

Logs, restraining, 64.08 Mortgaged personal property, restraining, 64.09

Reviewing decisions of board of adjustment, cities and towns, 176.16

Sale of exempt property Jurisdiction, 222.09 Tidal lands, 253.09, 253.10, 253.14

Sale of motor fuel, restraining, 207.30 Salt water fishing law, enforcement, 370.02(10) Securities, restraining violation of law regula-

ing sales, 517.19 Seed law, violations 578.15 Setting apart property not exempt, 222.10 Small loan business, issuance against violation

of law, 516.23 Stamp or brand; unlawful use, 536.15 State fair and exposition corporations, charter;

annulment, 615.11 Staying proceedings, 64.02 Tax sale or to set aside certificate; conditions

precedent, 196.05 Tax sale, restraining, 196.02, 196.03 Taxation

Comptroller, suits to enforce tax laws, 196.16 Sale of tax certificates, payment of back taxes

necessary, 196.15 Tangible personal property; enforcement of

laws and performance, 200.39 Timber and lumber, unauthorized use of marks,

stamps or brands, 536.15 Trade-marks, restraining use, etc., 506.09 Trespass, restraining, 64.08 Turpentine, restraining removal, 64.08 Vacation

Injunction to restrain disposition of property by principals in certain bonds, 64.10

Proceedings, 62.01 Waste and debris from mines, 533.03, 533.04,

533.05 Weights and measures, violation law, 531.32

INJURY See : MALICIOUS MISCHIEF AND INJURY

TO PROPERTY Ch 822; WORKMEN'S COM· PEN SA TION Ch 440

Legal remedy for, DR S4 INLAND MARINE INSURANCE COMPANIES

See: INSURANCE INNS AND INNKEEPERS

See: HOTEL COMMISSION Ch 509, 511 INQUEST OF THE DEAD

See : CORONER Ch 936 INSANE PERSONS

See: FARM COLONY FOR EPILEPTIC AND FEEBLE MINDED Ch 393; FLORIDA STATE HOSPITAL Ch 394; GUARDIANS AND WARDS

Carnal intercourse with unmarried female idiot, penalty, 794.06

Cities and towns, powers, 167.28 Commitment

Age, requirement, 394.24 P etition for, 394.20 Requirement, 394.25

INSANE PERSONS (Cont). Commitment (Cont.)

Testimony as to transactions with incompetent. 90.05 .

Trust companies, 660.01 Conservators or guardians, veterans of world

war See : Uniform veteran's guardianship law under VETERANS

Criminal cases, procedure for determination; ex-pert witness; fees, 917.01, 917.03

Curators See: PROBATE LAW Definition, 1.01 Drawee of bills of exchange, 676.03 Electors, qualification, A6 S4, 97.041 Executors and administrators

Removal for insanity, 734.11 Suits against, 734.23

Gambling, permitting, 849.04, 849.06 Guardians See: GUARDIANS AND WARDS

Ch 744 Hospitals See : FLORIDA STATE HOSPITAL

Ch 394 Juror, disqualification, 40.07 Limitations, real actions, adverse possession, etc.,

95.20 Lunacy proceedings, chancery jurisdi<;tion, 62.32,

62.35 Narcotic drug addicts, insanity, commitment,

397.04 Nonresident, guardian ad litem, 48.15 Process service, 47.25, 48.15 Railroad right-of-way, proceedings to authorize

grant, 360.06 Restoration of judicial sanity

Bill in chancery Authority, 62.32 Contents} 62.33 Hearings, 62.34

Decree, 62.35 Locality of action, 62.32 Practice, 62.34 Procedure, 394.22 Process, 62.33

State convicts; duty of prison physician, 954.46 Testimony as to transactions with, 90.05 Weapons, furnishing to, penalty, 790.17 Wills, competency to make, 731.04

. INSECTICIDE AND FUNGICIDE INSPECTION See: AGRICULTURE AND HORTICULTURE

Ch 577 INSECTS

See: Plan,ts and Plant Products under AGRI­CULTURE AND HORTICULTURE

Pests and diseases, definition, 581.14 INSIGNIA

National guard officers ; wearing, by unauthoriz­ed persons, 250.43

Wrongful use ; penalty, 817.30, 817.31, 817.311 INSOLVENCY

See also: BANKS AND -TRUS,T COMPANIES Banks and trust companie'S

False statements concerning, 836.06 Liquidator, -appointment, 661.10 Transfers, void after, -661.20

Building and loan associations ; .false statements concerning, 836.06 · - · · .

Corpor!J.tions; payment of dividends, 608.53 Credit to sheriffs, etc., for noncollections of fines

apd forfeitures, 17.24 Cririiiria1 courts of record, sheriffs fees and costs,

32.29 - -

Page 10: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3242

INSOLVENCY (Cont.) Defendants

Costs in criminal cases, A16 S9 County, liability, 939.15 Discharge without payment, 939.05 Warrant, etc., issue without prepayment,

939.16 Witnesses for defendant, 932.36, 939.07

Counsel in criminal cases; appointment, 909.21 Witnesses, procurement, 932.36, 932.37

Estates of decedents See: EXECUTORS AND ADMINISTRATORS: PROBATE LAW, Ch. 731-734

Execution; effect, 55.19 Insurance companies See: INSURANCE Negotiable instruments, presentment to insolvent

drawee, effect, 676.14 Preference of state in case of, 215.07 Trust companies

INSPECTION Agricultural products, 92.20 Alcoholic beverages, place of sale, etc., 526.03 Animals, 585.35 Attorney general, official papers and records,

16.01 Barber shops and schools, 476.22 Beauty shops and schools, 477.23, 477.27 Boarding houses, 385.01-385.05, 511.41 Boilers; penalty for refusal to allow, 167.56 Books of county commissioners, 125.11, 125.13 Bureau See: AGRICULTURAL DEPART-

MENT Ch 601 Citrus fruit See: CITRUS FRUIT: FOOD Commercial feeding stuffs, 580.07-580.10 Corporation records, 47.41, 608.39 Cosmetics, 500.21 County convict camps, 951.02 County depositories; accounts, 136.08 County financial statements, 128.03, 128.04 County officers, 125.09 Dockets, justice of peace and county judge, 937.19 Drug stores, 465.121 Eggs, powers of commissioner, 583.05 Elevators

Certificate of inspection, 399.07 Generally, 399.03, 399.08 Hotels, apartment houses, restaurants, etc., ex­

emptions, 511.21 New, altered, etc., 399.05

Farm products, 603.12, 603.13 Fertilizer See: FERTILIZER Fish See: FISH: GAME AND FRESH WATER

FISH: SALT WATER FISHERIES, Ch. 374 Fishing boats, licenses, 370.06(9) Florida livestock board, 585.35 Food, drug and cosmetic; factories in which man­

ufactured, etc., 500.21, 500.24 Gasoline and oil See: GASOLINE AND OIL

INSPECTION Ch 525 General inspection fund

Appropriations, 282.011 Contents, 215.32 Created, 19.49 Deduction of three per cent, 215.22

Highway crossings, 357.02 Honeybees, 584.02, 584.04 Hotels, 385.01-385.05, 511.11, 511.23, 511.41 Intoxicating liquors, places of sale, etc., 562.03 Jails and prisons, 952.02 Junk dealers' records, 205.47 Mark~ :md brands of livestock See: LIVE­

STOCK Meat and meat food products, establishments for

sale, etc., 585.34

INSPECTION (Cont.) Milk and milk products, 501.07, 502.22, 502.25 Motion picture machines, 468.06 Motor vehicles, 317.68 Narcotics; prescriptions, records, etc., 398~06,

398.07, 398.15, 398.17 Naval stores See: NAVAL STORES Ch 523 Pawnbrokers' records,· 205.51 Plants, etc., 581.02, 581.06 Plumbing See: PLUMBING AND PLUMBING

CONTRACTORS. Ch. 553 Public records, 119.01, 119.02 Raitroads, 350.25 Records

Attorney general, 16.01 Budget commission, 216.10 Corporations, 608.39 Public, 119.Ql, 119.02 State road department, 341.08 Telegraph and telephone companies, 364.17, 364.18

Sanitary nuisances, privies, 386.07 Schools See: SCHOOLS AND SCHOOL CODE Seeds

Commissioner of agriculture, duty, 578.11 Disposition of fees, 578.22 Fees, 578.14

Senate journals, executive sessions, 15.07 State convicts See: STATE PRISON State road department's records, 341.08 Swimming pools, etc., 514.04 Telegraph and telephone companies, accounts

and records, 364.17, 364.18 Timber and lumber See: TIMBER AND LUM­

BER Vesse!s in quarantine, 381.32

INSPECTION DIVISION See: BUREAU OF INS·PECTION

INSPECTORS Bureau of inspection

Creation 19.47 Inspectors

Appointment, 19.48 Power and authority, 19.48, 19.51 Procedure for taking samples, 19.51 Terms of office, 19.48

State chemist and assistant; powers, 19.50 Chemical division of agricultural department

Assistant state chemist, 19.30, 19.43 Commissioner of agriculture, 19.44 State chemist, 19.30, 19.43

Child labor See: Emplovment under INFANTS Citrus fruits See: CITRUS FRUIT Commercial feeding stuffs, 580.07 Drugs, 465.121 Elections See: Election officials under ELEC-

TION CODE Fertilizers, 19.30, 19.48 Foods, drugs, etc., 19.48 Gasoline and oil

Access to stores, etc., 525.08 Duties and powers, 19.48 Interest in sales, 525.15

Hotels, appointment, etc., 511.28, 511.41 Labor See: STATE LABOR INSPECTOR Livestock, duties, 534.08 Marks and brands of livestock See: LIVE­

STOCK Naval stores See: NAVAL STORES Oil See: Gasoline and Oil

Page 11: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3243 INDEX I

INSPECTORS (Cont.) · Plants, etc., 581.02, 581.06

Plumbing See: PLUMBING AND PLUMBING CONTRACTORS, Ch. 553

Railroads, 350.25 State convicts See: STATE PRISON Supervision in bureau of inspection, 19.47 Timber and lumber See: TIMBER AND LU~

BER .

INSTALLMENT PAYMENTS See: DISCOUNT CONSUMER FINANCING

INSTITUTIONS Appropriations of public money or loan of credit,

A9 S10 Auditing of books, etc, See: STATE AUDIT­

ING DEPARTMENT Benevolent, state to maintain, A13 S1 Board of commissioners of state See: BOARD

OF COMMISSIONERS OF STATE INSTITU­TIONS

Particular institutions See: Specific heads Revolving fund deposits, banks designated, 18.101 Sectarian, public money for, DR S6 State See : STATE INSTITUTIONS State agencies, commissions, institutions, etc.,

located outside of Tallahassee, deposits of public funds, 18.101

INSTITUTIONS OF HIGHER LEARNING See: STATE UNIVERSITIES AND COLLEGES

INSTRUCTION See: SCHOOLS AND SCHOOL CODE: CRIM·

INAL PROCEDURE: TRIAL; STATE UNI­VERSITIES AND COLLEGES

INSTRUCTIONS TO JURY See: TRIAL

INSTRUMENT Definition, 674.01

INSTRUMENTS IN WRITING See: WRITTEN INSTRUMENTS: EVIDENCE

INSULIN Fraud in obtaining, 381.66 Pu:r;chase and distribution by state board of

health, 381.63, 381.64, 381.66

INSULTS Teacher in presence of pupil, 231.07 Troops of national guard, 250.51

INSURANCE See: BENEVOLENT MUTUAL BENEFIT AS..

SOCIATIONS; FRATERNAL BENEFIT SO­CIETIES: Insurance Commissioner 1.l.D.d.et STATE TREASURER

Accident and health agents Agency terminated, notice to commissioner,

644.12 Applicants

Commissioner to examine and investigate, 644.07

Persons exempt from examination, 644.07 Character reports; filing, 644.06 Commissioner

Application for license, from, 644.06 Credit and character report of agents filed

with, 644.06 Disclosures privileged, 644.12 Examination of applicants, 644.07 Fees, payment, 644.05

INSURANCE (Cont.) Accident and health agents (Cont.)

Commissioner (Cont.) Hearings, 644.13 Investigation of applicants, 644.07 License, issuance, 644.03 License renewable, 644.11 Notice of change in address, 644.15 Notice of agents' appointment, 644.05 Notice when agency terminated, 644.12 Orders, subject to judicial review, 644.14 Reciprocal agreements, 644.09 Representing several insurers, pJ;'ocedure,

644.10 Suspension or revocation of licenses, 644.13 Temporary license, issuance, 644.08

Credit and character report, 644.06 Cumulative law, 644.17 Definitions of terms used in law, 644.01 Disclosures to commissioner, privileged 644.12 Examinations, 644.04 ' Insurers to qualify agents, 644.04 License

Annual fees, 644.05 Application, form, 644.06 Character certificate, 644.06 Credit and character report, 644.06 Expiration date, 644.11 Filing fee, 644.05 Refunding fee, prohibited, 644.05 Renewal, 644.11 Suspension or revocation

Gro11nds for, 644.13 Hearing required, 644.13 Judicial review, 644.14

TEmporary, 644.04, 644.08 Notice of change in address, 644.15 Notice to commissioner of agent's appoint­

ment, 644.05 Payments of commissions to non-licensed

agents prohibited, 644.03 · Penalties; violation of law, 644.16 Per~ons ~xempt from examination, 644.07 Reciprocity, 644.09 Representing several insurers, procedure

644.10 ' Soliciting wi~hout license, prohibited, 644.03 Temporary license, 644.04, 644.08 Un~u~horized insurer; soliciting for, pro-

hibited, 644.02 Violations of law, penalties, 644.16

Accident and sickness insurance Alterations of application for policy, by whom

to be made, 642.08 Form of policy, etc., 642.06 Certificate of authority, revocation, 642.02 Certiorari to review order of commissioner

642.02 ' Classification of risks and premium rates fil-

ing with commissioner, 642.01 ' Definition of types of policies, 642.04 Employees; sixty percent to be insured, 642.04 Exceptions to regulatory law, 642.09 False statements in application for policy ef-

fect, 642.08 ' Family group accident and sickness insurance

642.04 . ' Franchise accident and sickness insurance,

642.04 Group insurance, 642.04 Hospital policies, form, etc., 642.07

Page 12: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3244

INSURANCE (Cont.} Accident and sickness insurance (Cont.}

Industrial sickness and accident insurance, form of policy, etc., 642.05

Insurer, definition, 642.09 Policies

Age limit of coverage; occupation of pre­mium beyond, 642.031(14)

Application; alteration only by insured, 642.031(12)

Application; statements; insured not bond by; exceptions, 642.031(12)

Approved by commissioner, 642.031(1) Blanket sickness and accident insurance,

642.06 Cancellation, 642.031 (5) Cancellation and renewal provisions,

642.031(4) Certiorari to review order of commissioner

disapproving form, 642.02 Change of beneficiary, 642.031(4) Change of occupation, 642.031(5) Claim forms, 642.031(4) Clai.Ioo payable to, 642.031(4) Classification of risks and premium rates;

filing, 642.01 Commissioner to make rules and regula­

tions as to submission of policy for ap­proval, 642.031(10)

Conformity with state statutes, 642.031(5) Consideration to be set forth, 642.031(1) Contents, form, provisions, etc., 642.03 Death benefits; limitation, 642.031(2) Disapproval by commissioner, 642.01 Earnings of insured; insurance in excess of,

642.031(5) Effective date of act; certain sections re­

pealed, 642.03(15) Exceptions and reductions of indemnities,

642.031(1) False statement in application; effect,

642.031 (12) Filing form with commissioner, 642.01 Grace period for payment of premiums,

642.031(21) Group insurance, 642.04 Hearing upon disapproval of form by com­

missioner, 642.02 Hospital indemnities payable directly to

physical examination and autopsy of in­sured, 642.031(4)

Hospital policies, 642.07 Identified by a form number, 642.031(1) Illegal occupation, 642.031(5) Inapplicable or inconsistent provisions,

642.031(6) Intoxicants and narcotics, 642.031(5) Industrial sickness and accident insurance,

642.05 Legal action on policy; limitation of time,

642.031(4) Limited to one person and family, 642.{}31(1) Minor beneficiary, 642.031(4) Mis-statement of age, 642.031(5) Nonresidents; commissioner to approve

when not subject to approval in state of residence of policy holder, 642.031(3)

Notice of claim, 642.031(4) Notice; waiver; proof of loss, 642.031(13) Order of certain provisions in policy,

642.031(7) Other insurance in another insurer,

642.031(5) Other insurance in this insurer, 642.031(5)

INSURANCE (Cont.) Accident and health agents (Cont.}

Policies (Cont.) Policy provisions subject to provisions of

this act, 642.031(11) Printing; style of, 642.031(1) Proofs of loss, 642.031(4) Reference; by laws, etc., not to be included

by, 642.031 (1) Requirement of other jurisdictions, 642.03(9) Standard provisions; requirements, 642.03 Third party ownership, 642.031(8) Time effective, 642.031(1) Time limitations as to certain defenses,

642.031(4) Time of payment of claims, 642.031(4) Unauthorized forms; validity, 642.10 Unpaid premium; deduction from claim,

642.031(5) Withdrawal or approval by commissioner,

642.01 Wording of policy; changes from statutory

form subject to approval of commissioner 642.1031(4) '

Policy of; coverage, 642.04, 642.06 Scope of regulatory law, 642.01, 642.09 Special groups, coverage, 642.06 Standard provisions of policies, 642.03 Unauthorized forms of contracts; validity,

642.10 Validity of unauthorized forms of contracts,

642.10

Accident companies Forms of policies; subject approval of com­

missioners, 635.16 License taxes, 205.43 License taxes; penalties for violations of law,

205.44 Sick and funeral benefit insurance, 638.14

Adjusters Address, to furnish commissioner, 636.20 Agents may act as; revocation of agent's li­

cense, 636.101 Attorneys at law; powers, 636.121 Catastrophe or emergency adjusters

Misconduct; procedure, 636.161 Permit!

Fee for, 636.18 When issued, 636.161

Claims adjuster Certificate of employment, 636.061(3) Experience and training, 636.061(2) Qualifications; good reputation, 636.061(1)

Code of ethics; adoption, 636.17 Credit and character report

Confidential and privileged, 636.031(3) Employer to keep and file with commission­

er, 636.031(3) Definitions, 636.011 Executive officer or attorney may act as for

certain insurance contracts, 636.111 Independent, company employee adjuster

qualifications Defined, 636.011(6) Examination; to pass in type of insurance

to be adjusted~ exemptions, 636.051(4) Experience and training, 636.051(3) Good reputation, 636.051(1) Resident of state for one year, 636.051(1) .Temporary license; renewal, 636.051(4)

L1cense Amount of tax, 636.18

Page 13: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3245 INDEX I

INSURANCE (Cont.) Adjusters (Cont.)

License (Cont.) Amount, payment, 205.45 Appeals from orders revoking, suspending,

etc., 636.151 Application

Affidavit may be required, 636.031(1) . Credit and character repor_t where appll­

cant not employee, 636.031(3) Denial; new application, 636.031(2) Examination

Applicant, 636.031(1) Fee, 636.18

Form prescribed by commissioner, 636.031 Cancellation; termination of employment,

636.081 Claims adjuster; qualifications, !536.061 Examination; fee, 636.18 Expiration date, 636.091 Hearing on revocation, suspension or re­

fusal to renew, 636.14 Independent, company employee adjuster;

qualifications, 636.051 Nature of risks qualified to adjust upon to

be set forth, 636.031(4) Nonresident adjuster ; qualifications, 636.071 Payment, 205.45 Public adjusters; qualifications, 636.041 Renewal

Denial; grounds for; hearing, 636.131, 636.141

Examniation; commissioner may require; when, 636.091

Military services; limitation of issuance after discharge, 636.091

Revocation Grounds for; hearing, 636.131, 636.141 Violation of law, 636.21

Suspension; grounds for; hearing, 636.131, 636.141

Unlawful to act as, without, 636.021 Misconduct of agents, attorneys, etc., revoca­

tion of insurer's certificate, 636.111 Misrepresentations unlawful, 636.19 Nonresident adjuster

D efined, 636.011 (8) Employee of insurer admitted in Florida,

636.071(2) Letter of authorization from home state,

636.071(4) Office, does not maintain in Florida,

636.071(3) Qualifications; currently licensed adjuster

in home state, 636.071(1) Public adjuster

Defined, 636.011(5), 636.011(8) Examination; to pass in all kinds of fire,

casualty, marine and surety insurance, 635.041(4)

Experience and training, 636.041(3) Good reputation, 636.041 (2) Qualifications ; resident of state for one

year, 636.041(1) Surety bond, to file, 636.041(5)

Rules and regulations, 636.17 Short title of 1953 act, 636.001 Termination of employment; notification of

commissioner by employer, 636.081 Violations of law; penalty, 636.21

Advisory organizations Articles of agreement, etc., to be filed with

commissioner, 626.27 Compliance with law, 626.27

INSURANCE (Cont.) Advisory organizations (Cont.)

Definition, 626.27 Examinations, 626.27 . . . . Orders of commissioner reqmrmg discontmu-

ance of violations, 626.27 Statistics and recommendations, 626.27 Unfair practices, 626.27

Agents Accident and health See : Accident and health

agents . Address, change of, commissioner notified,

634.15 0 0

Adjuster; may act as; revocatwn of license, 636.101 0

Adjustment of claims; misconduct; revocation of insurer's certificate, 636.111

Application to act as, 63_4.05_1 . Appointments and termmatwn of; notice of,

furnished commissioner, 627.74 Binding effect of insurance handled by un­

licensed agent, 625.211 Certificate of authority, issuance, 627.83 Certificate of authority, not to transact business

until company has obtained, 626.02 Character report, r equirement, etc., 634.06 Commissions

Contingent upon savings in adjustment of losses Agreements prohibited, 625.23 Cancellation of license for violation of law;

625.25 Definitions, 625.27 Exceptions, 625.23 Penalties for violation of law, 625.26 Revocation of insurance certificate for vio-

lation of law, 625.24 Exchange of business; dividing, 627.89 Fire insurance, 631.13, 631.14 Unlawful division of; penalty, 627.89

Contingent commissions, 625.23 Contracts

Issuance, 625.35 With company, termination, 634.20

Corporation, officers and stockholders solicit-ing, etc., insuram;e be licensed, _ 6~7.85

Counter signature m blank prohibited, 627.87 Credit and character report, furnishing, 627.74 Cumulative law, 644.17 Definitions, 625.01, 625.27, 627.72 · Discharge by insurer, license terminated, 634.12 Discrimination and making rebates, fines and

penalties, 635.06 Examination

Requirement, 634.09 Time and place, 627.81 Fees, 627.81

Exchange of business; division of commissions, 627.89

False claims, etc., penalty, 625.18 Fees, application; payable to general reve· . nue fund, 634.05

Fire insurance companies Contracts, issuance, 631.15 Disqualification, 631.14 Dividing commissions, 631.13, 631.14

Foreign comoanies, requirements before trans­acting business, 626.05

Fraudulent practices as grounds for revocation or suspension of license, 627.93

General, supervisory See: Supervisory gen­eral agents

Impersonation, 627.76 Improper conduct, investigation, 626.28

Page 14: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3246

INSURANCE (Cont.) Agents (Cont.)

Industrial insurance; prohibited to serve same territory formerly worked for another in­surer, 643.04

Insurance contracts to be issued through, 627.90

Laws of other states applicable by reference, 625.35

License . Apneals from orders suspending or revokmg,

634.14 Application, 634.05

Contents, 627.79, 634.05 Sworn statement, 627.79

Certificate of author ity, issuance, 627.83

Denial or renewal Effect, 627.93 Grounds for, 627.93 Hearing required, 627.94 Procedure for, 627.94 Review, 627.95

Examination, 634.06 Authority, 627.81 Fee, 627.81 Place, 627.81 Time, 627.81

Examination, requirement, 634.09 Exemntion, certain officers and employees,

634.23 Expiration and renewal dates, 627.77, 634.11,

634.22 Fees, payable to general revenue fund, 634.04 Inquiry, reasonable, 627.77 Investigation, 627.77 Limited license, issuance, 627.82 Municipalities, 205.45 Occupational, 205.45 Payment by insurer, 634.04 Qualifications, 627.79 Reciprocity; nonresident, 627.85 Representing more than one company, 634.19 Reauriement for issuance, 627.77, 634.02,

634.17 Revocation, suspension, etc.

Authority, 634.21 Effect, 627.93 Effect on other agents, 625.34 Generally, 625.25 Grounds, 625.35, 627.93, 634.13 Hearing required, 627.94 Procedure, 627.94 Review, 627.95 Unlawful division of commissions; ex­

change of business, 627.89 Violations insurance adjusters law, 636.21

Special license to ticket agents, 627.84 State and county, 205.45 Tax, 205.45, 634.051

Determination, etc., 625.35 Temporary license, issuance, 627,78, 634.09 Unlawful to act as agent without, 627.76 Violation of law; penalty, 634.25

Life insurance agent defined, 634.01 Limited license, issuance, 627.82 Limited surety agent, defined, 627.72 Misrepresentation of policy, terms, 625.21 Nonresident; license; reciprocity, 627.85 Nonr~sidents, 534.09

INSURANCE (Cont.) Agents (Cont.)

Nonresidents (Cont.) Commissioner to serve as attorney of, 627.85 License, 627.85 Process, service of; procedure, 627.85 Qualifications, 627.85

Notice of appointment and termination, fur­nishing, 627.74

Occupational license, 634.24 Partnership, members soliciting, etc., insur-

ance to be licensed, 627.85 Penalties for violation of law, 627.96 Policy, signing of, by; prohibited, 627.87 Premium reduction, rebates, etc., 629.18, 630.10 Prosecutions, 626.08 Qualification tax, 205.45 Qualifications, 627.79

Life insurance, 634.18 R ebates of premiums, 625.19 Reciprocity; license; nonresid~nt, 627.85 Records, keeping of ; required, 627.91 Reinstatement of revoked license, 625.25 Representing company without authority,

625.18 Resident See: Resident Agent Responsible for all acts of solicitor, 627.88 Revocation of insurers certificate for violation

of law, 625.24 Revocation of license, 625.25 Scope of law, 627.98 Service of process, 626.03 Short title, license law, 627.71 Sick and funeral benefit insurance companies,

service of process, 638.11 Solicitors

Certificate of authority, 627.83 Examination, time and place, 627.81 Fees for examination, 627.81 Qualifications, 627.80

Supervisory general agent See: Supervisory general agent

Termination of appointment, license revoked, 634.12

Termination of; •notice, 627.74 Unfair practices as grounds for suspension or

revocation of license, 627.93 Unlicensed insurer, repre~nting 625.212 Unlicensed person acting as agent, 627.76 Value of insured building, insertion in policy,

631.04 Violations; fines and penalties, 625.011, 634.16 Violations of law dividing commissions, 627.89 Violations of law regulating compensation

of agents, 625.26 Alien insurers

Assets required, 631.16 Defined, 631.16 Deposits by, 631.16 Investment required, 631.16 License, issuance; condition precedent, 631.16 Trusteed as~ts

Approval of, by commissioner, 631.16 Creation, 631.16 Examination of; expense, 631.16 Legal titles to, 631.16 Prior trust, effect, 631.16 Rules and' regulations, 631.16 Substitution of other assets, 631.16 Transfer, 631.16 Trust fund, maintain as, 631.16

Annuities, 205.43

Page 15: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3247 INDEX I

INSURANCE (Cont.) Appropriations

Administration expense, 634.05 Limitation, 627.97

Assessment life associations Organization of new associations prohibited,

635.22 Valuation of securities held by, 635.09

Assets required, 625.16, 626.04, 626.05 Attorney's fee, payment in certain cases, 625.08 Attorneys, executive officers may adjust certain

claims, 636.111 Beneficiary, death simultaneously with insurer,

736.05 ·Benevolent mutual benefit associations See:

BENEVOLENT MUTUAL BENEFIT ASSO­CIT ATIONS Ch 640

Bonuses, dividends, etc., to insurants, 635.05 Brokers, premium rebates, reduction, etc., 629.18,

630.10 Burial insurance

See also: Pre-need burial contracts Claims to be paid in cash, 639.02 Furnishing funeral merchandise, 639.02 Penalties for violations, 639.05 Undertakers

Choice of, guaranteed, 639.01 Contracts with, 639.03 Designation of certain one unlawful, 639.01 Forcing employment of certain one by with-

holding payment, 639.04 Violations, penalties, 639.05 Withholding payment to force employment

of particular undertaker, 639.04 Business

Prerequisite to issuing policies, etc., 632.07 Regulation

Agents, licensing procedure, 634.051 Commissions, dividing; penalty, 627.89 Contracts, issuance, 631.15 Discrimination between insurants, 635.02 Judgments, failure to pay, 625.09 Unlawful division of commissions; penalty,

627.89 Valuation of securities, etc., 635.09

Capital stock of companies Par value, 625.02 Reduction

Authority, 625.03 Procedure

Certificate, 625.03 Filing of certificates, 625.04

Stock certificates, exchange, 625.04 Transaction of business after, 625.04

Sale Commissions

Amount, 625.15 Officers of companies, 625.15

Discount, penalty, 625.05 Examination by insurance commissioners

into violations of law Authority, 626.20 Witnesses, 625.06, 625.07

Casual:ty Municipal gross premium receipts tax for

police officers' retirement fund Credit, 185.o7, 185.08 Records of receipts kept by, 185.09 Revocation of certificate for· violation law,

185.13 Voluntary deposits, 626.25

Catastrophe or emergency adjuster; defined, 636.011(8}

INSURANCE (Cont.) Certificate of authority

Issuance, 626.02, 627.83 License and premium receipts tax, 205.43 Livestock, insurance, 625.16 Name of insurer

Approval, 626.021 Hearing upon objection of other insurer,

626.021 Notification of insurer; having similar

names, 626.021 Permit subject to endorsement by commis-

sioner, 626.021 Reciprocal insurance, 628.10 Renewal, 626.07 Revocation

Adjustment of claims; misconduct of agents, attorneys, etc., 636.111

Cease and desist order of commissioner; vi-olation, 643.11

Fire insurance companies, 631.03 Generally, 205.44, 625.09-625.11, 626.08 Reciprocal insurance, 628.11 Sick and funeral benefit companies, 638.13

Statements required for issuance, 626.02 Claims investigator; defined, 636.011(7) Commissioner

Accident and sickness insurance . Hearings and appeals on disapproval of pol­

icy forms, etc., 642.02 Policy, application, etc., forms filed with,

642.01 Adjuster see: Adjusters Agents; records to be on forms prescribed,

634.06 Agents and solicitors

Appointment and termination, notice of, 627.74, 627.75

Book, records and conduct of agents and so-licitors; investigation, 626.28

Certificate of authority, issuance, 627.83 Character report, requirement, etc., 634.06 Credit and character report, furnishing,

627.74, 627.75 Foreign companies; licenses, 635.01 Investigation or inquiry, 627.77 Licenses

Application Contents, 627.79, 627.80, 634.051 Endorsement by agent, 627.80 Sworn statement, 627.79

Denial or renewal Effect, 627.93 Grounds for, 627.93 Hearing required, 627.94 Procedure for, 627.94 Review, 627.95

Examination, time and place, 627.81 Expiration and renewal dates, 627.77,

634.11 Fees for examination, 627.81 Issuance to successful examiners, 634.07 Limited license, issuance, 627.82 Requirements for issuance, 627.77 Suspension or revocation

Effect, 627.93 Grounds for, 627.93, 634.13, 634.21, 635.06 Hearing required, 627.94, 634.13 Notice, 634.13 Procedure, 627.94, 634.21 Review, 627.95

Page 16: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3248

INSURANCE (Cont.) Commissioner (Cont.)

Agents and solicitors (Cont.) Licenses (Cont.)

Short title, 627.71 Special license to ticket agent, 627.84 Temporary license, issuance, 627.78 Terminated, when , 634.12 Violations ; penalty, 634.25

Life insurance; licenses; issuance, 634.18 Limited surety agent, defin ed, 627.72 Nonresident ; license; reciprocity, 627.85 Notice of appointm10nt of agents and term-

ination, 627.74, 627.75 Notice in writing of appointment, 634.04 Reciprocity; licenses; n onresident, 627.85,

634.07 Short title, 627.71 Special license to ticket agent, 627.84 Termination of; notice, 627.74, 627.75

Alien insurers, duties, r e See : Alien Insurers Automobile associatior1 s, arrest bonds, 648.19 Bail, professional bondsmen ; duties See : BAIL Benevolent mutual benefit associations; cer-

tificate of incorporation, duplicate filed with, 640.04

Bonds, additional reserves, 626.111 Burial insurance, duties in re, violations of law,

639.05 Cease and desist order of; violation; hearing;

penalty, 643.11 Certificate of authority See: Certificate of

auihoriiy Code of ethics adopted by, 634.03 Counsel, employment, etc., 627.73 Courts; subnoena of records and papers; lim­

itation, 627.73 D~oo~ ·

Benevolent mutual benefit associations or societies, 640.09

Bonds, etc., by fire insurance companies Action by policyholders to enforce· lien on

bonds deposited, 631.09 Action in case of insolvency of company,

631.09 Additional securities, 631.06 Coupon bonds, 631.07 Examination of bonds, annually, 631.06 Interest on bonds, 631.07 Lien on policyholders, 631.09 New companies, 631.01 Partial withdrawals, 631.10 Receipt, 631.06 Registered bonds, 631.06 Requirement, 631.06 Sale of bonds to pay liability on policies,

631.08 Surety bonds, 631.06 Taxation of bonds, 631.06 TransfPr of business to another company,

631.10 Withdrawal of bonds when company dis­

continues business, 631.10 Real estate deeds, etc., in lieu of securities,

635.12 Securities

Local insurers for foreign policies, foreign insurers for local policies, 635.14

Return of deposits, 635.15 Deputies, 626.18 Disqualification for hearings, investigations,

etc., not subject to, 120.09 Duties, 626.01

INSURANCE (Cont.) Commissioner (Cont.)

Evidence required, investment, furnishing. 625.16, 626.05

Examination Agents, 627.81 Authority, 626.01 , 626.12 Benevolent mutual benefit associations.

640.13 Business and affairs of rating organizations.

629.15 Refusal to testify, 626.21 Solicitors, 627.81

Examiners, appointment, etc., 626.01, 627.73 Expense of investigations of violations of law.

626.20 . Experts, employment, to determine reasonable-

ness and adequacy of rates, 629.14 Fees, 626.23 Firemen's pension fund ; duties, 175.07 Fraternal benefit societies See also: FRA-

TERNAL BENFIT SOCIETIES Ch 637 Access to records and affairs of, 637.52 Annual statement, 637.33 Appropriat ion fo r administrative expense.

637.66 By-laws, articles, etc., filed with, 637.02 Certificate of authorization, preliminary ex-

aminations, 637.05 Examinations, 637.52, 637.53, 637.56 Revocation of certificate, 637.58 Supervision of agents, 637.66 Valuation of certificate; dissolution for

deficiency, 637.38 Hearings

Appeals from findings and orders, 634.14 False testimony during, 440.30 Refusal to t estify, 626.11

Hospital, medical and surgical service plans Duties, 641.04 Examination of, authorized, 641.07 Revocation of licenses, 641.13

Insolvent or defaulting companies, proceedings against, 626.12-626.16

Insurance companies Approval of assets, 626.04 Investments, approval, 626.04 Process; agreem ent for service, 626.03 Reduction of capital stock, 625.03 Revocation of authority; notice; publication.

625.11 Investigations by

Books, records and conduct of agents and solicitors, 626.28

Procedure, 626.28 Life care contracts, duties, see: LIFE CARE

CONTRACTS Life insurance

Annual valuation of policies, 635.10 Investments by domestic companies in vi·

alation of law; duties, 635.33 Policies, forms to be submitted to, 635.174 Real estate; sale by domestic companies,

635.28 Limited surety companies

Certificate of authority Application, contents, 649.03 Issuance, 649.09 Renewal, 649.09 Revocation, 649.19-649.21

Deposits by Additional, 649.18 Required, 649.06 Use, 649.07 Withdrawal, 649.08

Examination of financial affairs, 649.02

Page 17: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3249 INDEX I

INSURANCE (Cont.) Commissioner (Cont.)

Municipal gross premium tax Duties, 185.08, 185.09 Separate account, 185.10

Mutual fire insurance associations Approval of articles of association, 632.03 Assessments, relief, 632.16 By-laws, filing, 632.06 Fees, 632.18 Filing articles of incorporation, 632.03 License, 632.07 Statements, filing, 632.18

Name of insurer ; to be approved by, 626.021 Office, 627.73 Orders

Cease and desist, 643.11 Review, 630.12

Personnel, employment, etc., 627.73 Photographic records, 626.26 Placing insuran ce with non-admitted insurers

Certain insurers disqualified, 645.08 License, issuance, 627 .. 56, 627.57, 645.02 Policy, information required, 645.07 Regulations generally, 645.02, 645.03, 645.04,

645.05, 645.06, 645.07, 645.08, 645.09, 645.10, 645 .. 11, 645.12, 645.13, 645.14, 645.15, 645.16

Policies, forms subject approval of, 635.16 Powers and duties as to voluntary deposits,

626.25 Pre-need burial contracts, duties see: Pre-need

burial contracts Process, service of, upon commissioner for non­

r esident agents, 627.85 Publication of annual statements, reports, etc.,

626.09 Reciprocal insurance

Certificate of authority, 628.10 Declaration by subscribers, filing, 628.03 License tax, 628.12 Process, service, 628.04 Reports, annual, 628.07 Reserves, etc., 628.06 Statement, filing, 628.05

Real estate; sale by insurer ; duties, 635.28 Records and papers not subject to subpoena

until hearing, 627.73 · Records, destruction of certain records author­

ized, 626.26 Regulation of rates, fire and other insurance~

deputy commissioners, appointment ana powers, 629.24

Reinsurance agreements, approval, 626.10 Release of deposits of limited surety com­

panies, 649.06 Reports

Agents, solicitors, and adjusters, 205.45 Examiners, 626.01 Firemen's relief and pension fund law, 175.22 Governor, insurance of state property, 284.06 Legislature, 284.06, 626.09, 626.19 Sick and funeral benefit insurance com-

panies, 638.07 Reserves to be required, 626.11 Revocation of license, 625.09, 626.08, 631.03 Rules and regulations affecting agents and

solicitors' license law, 627.73 Rules and regulations affecting rating organiza­

tions Notice and hearing, 629.21 Review of orders, 629.22

Sale of stock at discount, investigation of vio­lation of law, 626.20

Seal, adoption of, 627.73

INSURANCE (Cont.) Commissioner (Cont.)

Security deposits for benefit policy holder·s, 635.11

Sick and accident insurance policies, forms, application endorsement, hearings, 635.171, 635.172

Sick and funeral benefit companies Certificate of authority

Authority, 638.07 Issuance, 638.06 Revocation, 638.13

Deposit for reserve, 638.03, 638.04 Duties, 638.12 Examination, 638.12 Foreign

Certificate of authority, 638.08 Deposits, 638.09

Process, agreement as to service, 638.11 Statements, 638.07, 638.09, 638.10

· Solicitors See: Agents and solicitors State fire insurance fund ·

Employment of competent personnel, 284.07 Investments, 284.09 Maximum risk carried, 284.08

State fire marshal See : STATE FIRE MARSHAL

State treasurer , 205.45, 626.01, ·627.73 Statement

Inclusion of premiums on policies issued by resident agent, etc., 626.24

Publication, 626.09 Renewal, 626.07

Subpoena, records and papers not subject to until hearing, 627.73

Surety companies Approval of assets, 626.04 Certificate of authority

Necessity, 648.01 Renewal, 626.07 Revocation, 625.09, 626.08

Investments, approval, 626.04 Powers over, 648.14 Process; agreement re, filed with, 626.03 Revocation of authority; notice of publica-

tion, 625.11 Statements required, 648.01

Unauthorized insurers, service of process on, 625.28

Unfair competition and practices Hearings, appeals, orders, 643.06-643.09 Orders, 643.07 Powers, 643.05 Report, injunction, order, 643.09 Review of order, intervention, 643.10 Supplemental powers, 643.12

Valuation of securities held, 635.09 Voluntary deposits by fire, casualty and title

insurers, 626.25 Compensation to agents based upon adjustments,

625.23 Contingent endowment . contracts

Benefits, payment, 635.19 Former contracts, classes, etc., 635.18 Issuance, qualifications re, 635.17 Penalty for violation of law re, 635.20

Contingent life, mutual aid, fraternal contracts, etc., 635.17

Contingent mortality endowment contracts pro­hibited, 635.23

Contracts See also: Pr.e>-need burial contract Counter signature in blank prohibited, 627.87 Execution by resident agent, 625.35

Page 18: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 325()

INSURANCE (Cont.) Corporations; officers and stockholders solicit-

ing, etc., insurance be licensed, 627.86 Counter signature in blank, prohibited, 627.87 County buildings, 125.01 County employees, group insurance, purpose of

law, 112.14 County license taxes, 205.45 Death of insured and beneficiary simultaneously,

736.05 . Definitions, 625.27, 627.72, 635.173, 645.01 Directors, liabilities, 625.14 Disability

Exemption from legal process, 222.18 Income benefits, exemption from legal process

222.18 ' Dividends, payment, 625.14, 635.05 Domestic companies, investments required,

626.04 Domestic companies see under Life insurance Earthquake, against loss · caused ·by, 632.08 Endowment insurance premiums, 635.02 Examination, 626.11, 628.08 Examiners, 626.01 Exchange of business; dividing commissions;

penalty, 627.87 False affidavit to defraud insurer, penalty, 817.23 False claims for payment, 625.18 False invoice to defraud insurer, penalty, 817.22 False representation of policy terms, 625.21 Filing fees

Agents, 634.05 Fire insurers, 632.18

Fire Alien companies

Defined, 631.16 Deposits by, 631.16 LicEnse, issuance condition precedent to,

631.16 Trusteed assets; creation, legal title trans-

fer, examination, etc., 631.16 ' Burning with intent to defraud insurer 806 06

806.11 ' . ' Coinsurance contracts, 631.12 De-posit of bonds with state treasurer

Action by policyholders to enforce lien on bonds deposited, 631.09

Action in case of insolvency of company, 631.09 .

Additional securities, 631.06 Coupon bonds, 631.07 Examination of bonds annually, 631.06 Interest on bonds, 631.07 Lien of policyholders, 631.09 Partial withdrawal, 631.10 Registered bonds, 631.06 Requirement, 631.06 Sale of bonds to pay liabilities on policies,

631.08 Surety bond, 631.06 Taxation on bonds, 631.06 Tr!lnsfer of business to other company, 631.10 Withdrawal of bonds when company discon-

tinues business, 631.10 Estoppel to deny value fixed in policy, 92.23 Evidence in suit on policy, 92.23 Examination by state treasurer, 631.02 Filing fee of insurers, 632.18 Fire, casualty, defined, 627.55 Fire insurance fund, reports by state treasurer

284.06 ' Firemen's pension fund, taxation, 175.04 Foreign companies, examination, 631.02 Insolvency, 631.09 Judgments, sale of bonds to pay, 631.08

INSURANCE (Cont.) Fire (Cont.) .

Licenses Deposit of securities, 631.06 Forfeiture, 631.02 Renewal, 631.13 Revoking, 625.09, 631.03 Taxes, 205.43

Lien of policyholders on bonds deposited, 631.09

Local agents Contracts, issuance, 631.15 D~sgu_alification, 631.14 Dividmg commissions, 631.13, 631.14

Measure of damages, 631.04 MoJ?-tP,ly or weekly premium, defined 627.72 Policies '

Content~ as to value, 631.04 RevocatiOn of authority for imposing un­

authorized conditions, 625.01 Prece~ent to operation in state, 631.01 PremiUms

Rate, c<;~insurance contracts, 631.1~ ~eturn m case of excessive insurance 625.13

Remsurance, 631.11 ' Repo;rts required in connection with firemen's

rebef and pension fund, 175.06 Reserves required, 626.11 Revocation of authority, 625.10 State fire insurance fund

Amount of insurance, 284.03 284.08 Appropriation, 282.01(1)/19/' Concurrent insurance, 284.08 Creation, 284.01 Employment of person with knowledge of

rates and risks, 284.07 Inadequacy, effect, 284.03 Inspection of insured property, 284.05 Insurance of state property, 284.01 Investment, 284.09 Ma~imum insurance risk, 284.04 Notice as to property subject to insurance

284.04 • Premiums on insurance, 284.02 Rates, 284.01 Repaif", etc., insured property, 284.05 Salanes and expenses; appropriation, out

of, 284.07 Value of property insured, 284.04

State property Proceeds used for reconstruction 255 01

255.03 ' . -Reduction of hazard

Fire hazar~s, elimination, 284.10 Leasep.old mterest, 284.14 PremiUm rates after reduction of hazards

284.11 • Property subject to reduction of hazards

284.12 • Unlawful provis~ons in policy, effect, 625.10 Voluntary deposits by insurer, 626.25

Foreign companies Assets required, 626.05 Co!Jlpanies which 11!-ay transact business, 626.02 F~nlure to secure hcense, penalty, 625.17 F!Ie and casualty, defined, 627.55 Fire companies, examination, 631.02 I~ves~ments required, 626.05 Life IJ?-Surance companies, certificates of au­

thonty, 626.06, 626.07 Permits, 613.05 Regional home office in Florida; exemption

for ad valorem tax; 50% gross premium tax 205.432 ,

Page 19: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3251 INDEX I

INSURANCE (Cont.) Foreign companies (Cont.)

Revocation of certificate of authority, 626.08, 631.03

Sick and funeral benefit companies, invest­ments, 638.09

Statements, 626.02, 626.07 Surety company, defined, 627.55

Forms, applications, etc., furnishing to unli­censed agents, 627.09, 627.10

Fraternal benefit societies see: FRATERNAL BENEFIT SOCIETIES Ch 637

Fraternal organizations exempt, 626.22 Funeral contracts

Benefits to be paid in cash, 639.01 Choice of undertaker, 639.01 Funeral director

Contract of insurer, 639.03 Designation in policy, 639.01 Employment of particular director; payment

or withholding payment of policy to in­fluence, 639.04

Funeral merchandise, contracts to furnish, etc., 639.02

Penalty for violation of law, 639.05 Supervisory powers of insurance commis­

sioner, 639.05 Funeral directors as insurance agents, prohib-

ited, 638.16 Gross earnings tax, 205.43 Gross receipt taxes, 205.43 Group insurance

County employees Agreements to provide, 112.08 Purpose of law, 112.14

Creditors, policies issued to, 635.24 Descriptions of issuable policies, 635.24 .Dividends, etc., 635.05 Employers and labor unions combined for

purpose of establishing trust fund, 635.24 Employers, policies issued to, 635.24 Existing insurance law, construction of, 635.26 .Labor unions, policies issued to, 635.24 Policies, required provisions, 635.25 Premiums, deduction and payment, 112.10 Public employees, 112.08, 112.09 School teacher's premiums not paid from pub­

lic funds, 112.12 State employees

Agreement to provide, 112.08 Purpose of law, 112.14

Trustees of fund Employers and labor unions combined,

635.24 Policies issued, to, 635.24

Voluntary character of participation, 112.11 Workmen's compensation; not substituted by,

112.13 Guardian and ward, exercise of options autho­

rized, 745.03 Hospital. medical and surgical service plans

Acquisition costs, approval of commissioner, 641.08

Amendments to charter, by-law, etc., approval of commissioner, 641.05

Certificate of authority Application, form, content, etc., 641.04 Commissioner's duties, 641.04

Certificate of incorporation, 641.02 Commissioner

Approval of acquisition costs, 641.08 Duty; regulations or dissolutions, 641.11 Power and duty to examine, 641.07

Contracts, content, 641.03 Definition and scope, 641.01 Directors, qualifications, 641.02 Disputes with hospitals, etc., review, 641.10

INSURANCE (Cont.) Hospital, medical and surgical svc. plans (Cont.)

Dissolution or liquidation, 641.11 Employees and representatives, regulations,

641.14 Incorporation, procedure, 641.02 Investments of fund, 641.09 License ·

Application, form, content, etc., 641.04 Commissioner's duties, 641.04 Revocation, grounds, 641.12

Licenses and taxes, exemptions, exceptions, 641.13

Penalties for violation of law, 641.16 Pre-existing service plans, incorporated or

reincorporated, 641.15 Rates, approval by commissioner, 641.03 Regulations of employees and representatives,

641.14 Reincorporated or pre-existing service plans,

641.15 Reports and statements, annual, 641.06 Review of disputes, 641.10 Revocation of license, grounds, 641.12 Taxes, license fee, exemption, 641.13 Violations of law, penalties, 641.16

Incorporation law applicable, 608.01 Improper inducements

Rebates, 625.19 Stocks, bonds, securities, etc., 625.20

Industrial, accident and sickness, 642.05 Injunction restraining transaction of business

626.13 Insolvent and defaulting companies

Agents or deputies of insurance commissioner in conducting business, 626.18

Liquidation, 626.16 Order to show cause, etc., 626.12 Possession of property by state tr.easurer

Authority, 626.12 Deputies and assistants, 626.18 Hearing upon rule to show cause, 626.14 Reports, 626.19 Rules, prescribing, 626.17

Proceedings against, by insurance commis­sioner Authority, 626.12 Hearing, 626.14, 626.16 Orders by court, 626.14, 626.16 Temporary injunction, 626.13

Receivers Appointment, 626.12 Claims, filing with, 626.15 Duties, 626.15

Report of names of companies taken posses­sion of, 626.19

Rules for conducting business, etc., 626.17 Insurers

Burning with intent to defraud, 806.06 Contracts of insurance, issuance; prohibited

by; except through agents, 627.90 Contracts, restriction, 635.17 Death simultaneously with beneficiary, 736.05 Definitions, 627.72, 635.173 Duty to submit forms to commissioner, 635.171 Equipping vessel with intent to destroy, to

insurer's injury, 822.15 False affidavit to defraud, 817.23 False invoice to defraud, penalty, 817.22 Governmental immunity defense not available,

240.28 . Penalty for violation of law governing con­

tracts, 635.17 Policy form, duty to submit to commissioner,

635.171 Policy, issuance of; r estrictions, 627.90

Page 20: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

l INDEX 3252

INSURANCE (Cont.) Insurer (Cont.)

Rejected policy forms, hearings, 635.172 Service representatives, employment, 627.72 Willfully destroying vessel with intent to de-

fraud, 822.14 Interinsurance contracts see: Recpirocal or inter·

insurance Investment of funds; turnpike authority bonds 1

eligible, 340.21 Judgments, revocation of authority for nonpay-

ment, 625.09 Knights of Honor exempt, 626.22 Knights of Pythias exempt, 626.22 Legal process, exemption disability insurance,

222.18 Legion of Honor exempt, 626.22 License taxes

Adjusters, 205.45 Agents, 205.45 . Condition precedent to doing business, 205.43 County license tax, 205.45 Exemption of fraternal or benevolent associa-

tion, 205.43 Failure to pay, penalties, 205.44 Municipalities, 205.45 Sick and funeral benefit companies, 205.43 Solicitors, 205.45

Licenses Agents see: Agents Alien fire and casualty insurance company,

631.16 Condition precedent, risks authorized, 632.07,

632.08 Exemption, certain foreign insurers, 205.432 Foreign companies, 625.17 Municipalities may require, 205.45 Officers, not required, 634.23 Qualification tax, who subject, amount, etc.,

205.45, 637.66 Revocation; grounds, 625.35 Salaried employees, not required, 634.23 Solicitors see: SoliCitors Violation of law; penalty, 634.25

Life insurance Agents

Applications for licenses Examination, 634.06 Qualifications, 634.06

Appointment by insurer, 634.04 Change of business address, notice to com­

missioner, 634.15 Character report

Evidence, not to be used as, 634.06 Information, considered privileged, 634.06 Requirement, 634.06

Code of ethics, 634.03 Contracts with company, termination, 634.20 Deceased, temporary license to executor,

administrator or next of kin, 634.10 Examinations for license

Failure to pass; waiting period, 634.06 Issuance of licenses to successful exam­

inees, 634.07 Requirement, 634.09 Scope and conduct, 634.06

Fraudulent practices as grounds for revoca­tion or suspension of license, 627.93, 634.13

License Additional license forbidden, 634.19 Appeals from finding of commissioner,

634.14 Applications

Filing, fee, 634.05 Forms, 634.05 Information to be furnished, 634.05

INSURANCE (Cont.) Life insurance (Cont.)

Agents (Cont.) License (Cont.)

Character, experience, etc.; investigation by commissioner, 634.06

Denial or renewal Effect, 627.93 Grounds, 627.93 Procedure, 627.94 Review, 627.95

Examinations, 634.07 Place of holding, 634.06 Requirement, 634.09 Time of holding, 634.06

Executors and administrators; temporary licenses, 634.10

Exemptions, 634.02 Expiration date, 634.11, 634.22 Fees; filing fee, 634.05 Foreign, when may issue, 635.01 Issuance by commissioner, 634.07 Life, health and accident; issuance of one

license, 634.07 Nonresidents, 634.08 Payment by insurer, 634.04 Penalties for violation of law, 634.16 Qualifications, 634.18 Reciprocity agreements with other states.

634.08 Records of agent to be kept by insurer,

634.06 Renewal, 634.11 Requirements, 634.02, 634.17 Revocation or suspension

Appeals to circuit court of Leon County, 634.14

Authority, 634.21 Effect, 627.93, 634.13 Grounds, 627.93, 634.13, 634.16 Hearing required, 627.04, 634.13 Procedure, 627.94, 634.13 Review, 627.95

Scope of licenses, 634.07 Temporary licenses

Application, 634.09 Duration, 634.09 Examinations, requirement, 634.09 Filing fee, 634.09

Termination, 634.12 Types of licenses, 634.07

Occupational license, 634.24 Records of; to b e kept by insurer, 634.06 Statement by insurer upon termination of

appointment of agent, 634.12 Unfair practices as grounds for suspension

or revocation of license, 627.93, 634.13 Violation of law; penalty, 634.25

Agents, deceased, temporary license to execu­tor or administrator, next of kin, 634.10

Annuity or endowment contracts as invest­ment for fiduciary funds; veteran's adminis­tration fund, 518.01

Bonuses, 635.05 Cash surrender value, exemption from attach-·

ment, 222.14 Code of ethics, adoption by commissioner,.

634.03 Companies deemed life insurance companies~

when, 625.01 Contingent contracts

Former contracts, continuance, 635.18 New contracts prohibited, 635.17

Credit insurance, agents, 634.06 Definitions, 634.01

Page 21: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3253 INDEX I

INSURANCE (Cont.) Life insurance (Cont.)

Deposit of security for benefit of policyholders Authority, 635.11 .. Certificate to accompany policies secured by,

635.13 1' . f Domestic insurers for foreign po ICies, or-

eign insurers for domestic policies, 635.14 Real estate may be conveyed in trust in lieu

of, 635.12 Return of deposits, 635.15

Discrimination between insurants, 635.02, 635.06

Disposition of proceeds, 222.13 Domestic companies

Investment of funds Banks, state or national, on deposit in,

635.27(1) Building and loan associations; shares of,

635.27(1) Canadian bonds, 635.27(3) Coin or currency of the U. S., 635.27(1) Corporations: stocks and shares; limita-

tion, 635.27 (7) County, district; municipality, etc., bonds

and securities of, 635.27(4) Excess above life insurance reserves and

capital; no limitations, 635.31 Federal land bank, home loan bank, home

owners loan corp.; intermediate credit banks, housing authorities, bonds, de­bentures and other securities of, 635.27(9)

Federal savings and loan associations, 635.27(1)

Foreign insurer; certain deposits of, 635.27(8)

International bank for reconstruction and development, 635.27(9)

Limitations, 635.27(11), 635.27(12), Loans to policy holders, 635.27(10) Motor vehicle tax anticipation certificates,

635.27(13) Prior investment not affected, t635.32 Public toll bridges, structures, improve­

ments, bonds of, 635.27(5) Real estate; limitations; hearing, 635.28 School districts; bonds and securities of,

635.27(4) Solvent corporations; obligations of,

635.27(6) State bonds, 635.27(3) Stock of insurer; prohibited to invest in or

make loans upon, 635.29 United States government bonds and ob­

ligations, 635.27(2) Violations; investments disallowed, 635.32

Loans; prohibited to make upon stock of insurer, 635.29

Real estate ; acquisition and holding regu­lated, 635.28

Reserves defined, 635.30 Exemption from attachment, 222.13 Foreign companies

Certificate of authority, 626.06 Deposits of securities, 635.14 Entitled to do business, when, 626.06 Investments required, 626.06 License to agents, 635.01 Local agents required, 635.21 Valuation of policies, 635.10

Forging doctors certificate of examination, 831.21

Forms for certain small insurance contracts; approval, 635.16

INSURANCE (Cont.) Life insurance (Cont.)

Group policies Description, 635.24 Employers and labor unions combined,

635.24 Industrial class defined, 634.01 Life insurance agent defined, 634.01 Misrepresentation of terms of policy, 625.21 Ordinary class defined, 634.01 Ordinary-combination cll;lSS defined, 6~4 .. 01 Policies, form to be submitted to commissiOner,

635.174 Policyholders, age grouping for payments of

benefits prohibited, 635.23 Rebates, penalty, 625.19, 635.06 Required provisions of group policies, 635.25 Reserves, 626.11 Sale without license, conditions, 634.02 Sick and funeral benefit insurance, 638.01 Valuation of policies, 635.10 Valuation of securities held, 635.09

Life insurers Applications for policies, form to be filed with

commissioner, 635.174 Assessment associations, further organization

prohibited, 635.22 Bonuses, dividends, etc., to insurants, 635.05 Contingent mortality endowment contracts

prohibited, 635.23 Forms of policies and applications, filing with

commissioner, 635.174 Lightning, policies, contests as to value, 631.04,

631.05, 632.08 Limited surety companies See: LIMITED

SURETY COMPANIES Ch 649 Deposits with insurance ~o~z:niss~oner, 649.06

Liquefied petroleum gas, hab1hty msurance of dealers, etc., 526.14

Liquidation of _c<;>mpanies, 626.16. Livestock certificates of authonty, 625.16 Loan for purchase of property; loaner prohibited

to specify particular company, 627.92

Marine Agents and solicitors See: Agents and solic­

itors Fraudulent injury to vessel, 822.15 Fraudulent invoices, affidavits, etc., of cargoes,

817.22, 817.23 Regulation of rates inland marine insurance,

629.03 Statements of policies, 626.24

Mechanics, etc., liability of fire insurance pro­ceeds for demands, 84.13

Medical service plans, definition and scope, 41.01 . 5 21 Misrepresentation of terms of policy, 62 .

Motor vehicles Financial responsibility law, Ch. 324 See:

MOTOR VEHICLES Physical drainage insurance def.ine?-: 62!.72

Motor vehicles, publicly owned: habllliy lnsur-ance . Governmental immunity; insurer not to clarm,

455:06 Judgment ; limited to coverage, 455.06 Purchase, 455.06

Mutual aid, fraternal, contingent life contracts, etc., 635.17

Mutual benefit companies, licensing law, penalty for violation, 205.44

Page 22: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3254

INSURANCE (Cont.) Mutual fire insurance associations

Advances of money, 632.17 Annual statements, filing fee, 632.18 Articles of associations '

Approval by state treasurer, 632.03 Filing, 632.03 Requisites, 632.02

Assessment upon members, 632.16 Assets

Investment, 632.14 Requirement, 632.07

Associations as policyholders, 632.09 By-laws, 632.06, 632.10-632.12 Commissions for advances of money, 632.17 Contingent liability of members, 632.12., 632.13 Contracts, 632.10 Corporations as policyholders, 632.09 County property, insurance on, 632.13 Directors, 632.10 Incorporation, 608.03 Investment of assets, 632.14 Legal existence from what time, 632.06 Licenses, 632.07 Meetings of members, 632.10 Membership, 632.01, 632.09-632.11 Municipal property, insurance on, 632.13 Name, 632.02, 632.04, 632.05 Number of persons required to organize, 632.01 Officers, compensation, etc., 632.10 Personal property, purchasing, etc., 632.10 Powers, 632.10 Premiums

Cash payment, 632.12, 632.13 Collection, 632.07 Rates, power to fix, 632.10 Unearned premium reserve, 632.15

Principal or home office, 632.02 Real property, purchasing, etc., 632.10 Reinsurance, 632.08 Reserve, 632.15 Risks

Authorized, 632.08 Authorized amount of single risk, 632.07 Subscriptions, to what amount, 632.07

Rules and regulations, 632.10 Seal, 632.10 State property, insurance on, 632.13 Suits by and against, 632.10 Surplus

Fund, 632.13 Payment of advances, 632.17

Transaction of business, 632.07 Unearned premium reserve, 632.15

Mutual insurance companies Agents, resident

Business to be transacted through, 625.22 Compensation, 625.22 . Policies to be issued through, 625.22 Schedule of compensation, certified to com-

missioner, 625.22 Certification to transact business through resi-

dent agent required, 625.22 Insolvency, 626.12 Life insurance, exempt, 625.22 Policies, countersigned by resident agents,

625.22 Name of insurer applying for permit, 626.021 Nonadmitted insurers, placing insurance with;

See: Resident agents: supervisory general agents

Nonprofit See : Hospital. medical and surgical service plan

Partnership ; m embers soliciting etc., insurance be licensed, 627.86

INSURANCE (Cont.) Penalties for violation of law, 205.44, 627.96,

630.11 Plate glass, license tax, 205.43 Police officers See: POLICE OFFICERS, Ch.

182 Policies

Counterfeiting, 831.01 Forging

Prohibition against, 831.01 Uttering, 831.02

Forms subject approval commissioner, 635.1& Life insurance, issued through local agency,.

635.21 Misrepresenting terms, 625.21 Surety companies See: SURETY COMPA­

NIES Unlicensed agents, handled by; effect, 625.211 Valued, 631.04, 631.05

Policyholders, classification, reclassification pro­hibited, 635.18

Premiums Assessment tax, exemption, 205.431 Casualty; gross receipts tax; municipal police-

m en 's retirement fund, 185.08 City pension fund, 175.05, 175.06 Discounts, 629.18, 630.10 Penalty, 625.19, 635.06 Rebates, 629.18, 630.10 Reductions, 629.18, 630.10 Tax, 205.43 Unearned, return, 625.13 Usury, 687.06

Pre-need burial contracts See also : Burial insurance Cancellation by beneficiary; notice ; refund,.

639.13 Certificate of authority

Application Deposit, 639.10(1) Fee for original and renewal, 639.10(4) Form and contents, 639.10(2) Statement to accompany, 639.10(1) Sworn to, 639.10(3)

Deposit Amount; securities, etc., acceptable, 639.12" Disposition by commissioner, 639.12 Interest on, payable to depositor, 639.12 Judgments

Failure to pay by depositor; time limit; procedure by commissioner, 639.12

Maintained only for satisfaction of, 639.12

Replenishment after; failure to make; liquidation, 639.12

Expiration date, 639.09 Issuance, 639.10(5) Revocation

Grounds for , 639.16(1) Injunction pending order of court,

639.16(2) Liquidation, 639.16(3) Notice to creditors, 639.16(4) Procedure; jurisdiction , 639.16(3)

Death of beneficiary; payment in cash of funds paid on contracts, 639.14

Declaration of policy, 639.06 Definitions, 639.06 . Examination of certificate holders

Expense payable by examine~, 639.15 When made, 639.15 Written r eport filed by commissioner, 639.15

Page 23: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3255 INDEX I

INSURANCE (Cont.) Pre-need burial contracts (Cont.)

Forms and regulations promulgated by, 639.08 Proceeds received on contracts

Current operating expenses, 25%, 639.11(2) Deposit of 75% in banks, etc., 639.11(1) Withdrawal of deposit only to satisfy terms

of contract, or by court order, 639.11(1) Records and affairs of certificate holder sub­

ject to inspection by commissioner at all times, 639.15

Violations of law; penalty, 639.17 Process

Agreement for service on agent, 626.03, 638.11 Designation of officers, etc., for service, 47.45 Unauthorized insurers process act

Attorney fees, 625.32 Defense of action by unauthorized insurer,

conditions precedent, 625.31 Exemptions, 625.33 Purpose, 625.29 Service on unauthorized insurer

Commission'er, when treated as recipient for process, 625.30

Service; how accomplished, 625.30 Short title, 625.28

Public property; proceeds used for reconstruc­tion, 255.01-255.03

Qualification tax, 205.45, 637.66 Rating organizations See also: Regulation of

rates Alteration or amendment of rating systems,

629.17 Basis for classification of rates, 629.06 Decrease in rates

Appeal from ruling, 630.06 Application, 629.12, 630.05

Deputy commissioners, appointment, powers, etc., 629.24

Discrimination, inadequacy, etc., 629.06 Examination of business and affairs by com­

missioner, 629.15, 630.04 Examination of reports and rates, commission-

er, duties, 629.09 Excess rate on specific risk authorized~ 630.05 Exemptions from operation of law, 629.23 Experts, employment by commissioner, 629.14 Expulsion or withdrawal of members or sub-

scribers, 629.16 False or misleading information, 620.19, 630.09 Hearings regarding rates, 629.11 Increase in rates

Appeal from ruling, 630.06 Application, 629.12, 630.05

Information concerning rates, furnishing, 630.07

Licensing and regulating, 629.04, 630.04 Penalties for violation of law, 629.20 Rates

Appeals from, 630.07 Rating information, filing, approval, 630.03 Reasonable and nondiscriminatory, 629.06 Risks, special types and classes, 629.13

Records to be kept, 629.10 Reports

Required, 629.05, 630.04 Statistical, filing, 629.07

Review of commissioner's orders, 630.12 Rules and regulations by commissioner

Notice and hearing, 629.21 Review of orders, 629.22

Statistical reports, insurers required to file, 629.07

Subscribers to service, 63{).04

INSURANCE (Cont.) Rating organizations (Cont.)

System of rating, filing, 629.08 Violations of law, 629.20 Violations of regulations, penalty, 630.11 Withdrawal or expulsion of members or sub-

scribers, 629.16 Rebates, 625.19, 635.06 Receivers

Authority, 626.12, 626.14 Claims, filing, 626.15 Duties, 626.15 Notice of appointment, 626.15

Reciprocal or inter-insurance Actions, parties, 628.04 Agents .

Compensation in general; salary or commiS-sion, 628.12

Examination, licensing, exceptions, 628.12 Exemptions from provisions of law, 628.12 License tax, exemption, 628.12 Nonresident; license, 627.85 Policies countersigned by resident agent.

628.12 Regulation of busin~ss, exemptions, ~28:12

Annual report to msurance commissioner. 628.07 .

Authority to exchange contracts, 628.01, 628.09 Certificate of authority

Annual renewal, 628.11 Issuance, 628.10

Construction of law, 628.14 Declaration to be filed with insurance com-

missioner, 628.03 Examination of companies, 628.08 Execution of contracts, 628.02 Fees, 628.12, 628.13 Gross deposits tax, 628.13 License tax, 628.12, 628.13 Policies, countersigned by resident agent,

compensation, 628.12 Process, service in suits arising out of policies.

628.04 Rates, 628.12 Reserve fund, 628.06 Revocation of certificate of authority, 628.11 Risks, applicable law, 628.12 Solicitation without compliance with law,

628.15 Statement to be filed with state treasurer,

628.05 Surplus fund, 628.06 Traveling salaried representatives exempt from

law, 628.12 Violation of law, 628.15

Records Destruction after photographing, 626.26 Required of agents; keeping, 627.91

Regulation of rates, casualty, fidelity and surety Appeal by minority, 630.06 Application of law, 630.01 Commissioner's approval required, 630.03 Deviations from rating standard, 630.05 False or misleading information, 630.09 Information to be furnished insured, hearings

and appeals, 630.07 Judicial review of commissioner's orders,

630.12 Making of rates, system, 630.02 Penalties for violations -of law, 630.11 Premiums, division, 630.10 Rates and rating information, filing, approval.

630.03 Rating organizations, rating service to sub­

scribers, 630.04

Page 24: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I

INSURANCE (Cont.) Regulation of rates. casualty, fidelity and! surety

(Cont.) Rating system, administration, 630.08 Rebates prohibited, 630.10 Scope of law, 630.01

Regulation of rates, fire and other insurance Alteration, amendment, etc., of rating systems,

629.17 Application of chapter, 629.02 Basis for classification of rates, 629.06 Commissioner's duties, 629.09 Definitions, 629.01 Deputy constables, powers, etc., 629.24 Exemptions from operation of law, 629.23 Experts, commissioner may employ, 629.14 False or misleading information to rating or-

ganizations, 629.19 Hearings regarding rates, 629.11 Inland marine insurance, 629.03 Insurance rating or ganizations See: Rating

organizations Premiums, division, 629.18 Rating systems

Alterations, amendment, etc.1 629.17 Insurer to file copy upon wh1ch its rates are

based, 629.08 Records to be kept, 629.10 Review of commissioner's order, 629.22 Risks, special types and classes; rates, 629.13 Rules and regulations, 629.21 Uniform percentage increase or decrease, ap­

plication, etc., 629.12 Reinstatement of certificate to do business in

state, 625.24 Reinsurance agreements, approval, 626.10 Rejected policy forms, hearings, 635.172 Reports, statistical, filing required, 629.07 Reserves

Determination of amount, 626.11 Domestic life comp anies; defined. 635.30 Insurance commissioner to require, 626.11

Resident agents Placing insurance with non-admitted insurers

Administration and enforcement rules and regulations, 645.15

Appointment of agent for service of pro-cess, 645.13

Certain insurers, disqualified, 645.08 Conditions and limitations, 645.05 Effective date of law, 645.16 Licensing

Annual license tax, 645.10 Applications, 645.04 Bond requirement as prerequisite, 645.11 Condition precedent, 645.03 Expiration date, 645.04 Hearing, 645.12 Judicial r eview of suspension or revoca­

tion, 645.12 Renewals, 645.04 Suspension or revocation, 645.12

Policy, information required, 645.07 Premium receipt tax, 645.09 Records to be kept, 645.06 Violation of regulations, penalties, 645.1-t

Resignation of 47.50 Revocation of certificate

Authority, 626.08 Fire insurance companies, 625.10 Judgments

Failure to pay, 625.09 Notice of revocation, 625.11

Notice of publication, 626.08 Reciprocal insurance, 628.)1

INDEX

INSURANCE (Cont.) Re·vocation of certificate (Cont.)

Sick and funeral benefit, 638.13 Violation of §625.23-625.27

3256

Risks; special types and classes, rates, 629.13 Schools

Athletic associations, authority to insure stu­dents against injury, 242.45

Buses, liability insurance required, 234.03 Motor vehicles, liability and property damage

insurance on, 230.231 Property of, 230.23, 230.33, 235.07

Scope of law, 627.98 Securities, deposits regulated, 635.11 Service representatives

Definition , 627.72 Permit

Amount, 627.72 Expiration date, 627.72 Issuance, 627.72 Transfer, 627.72

Sick and accident insurance See: Accident and sickness insurance

Sick and funeral benefi:t Accident insurance companies not affected,

638.14 Agents, agreement for service of process, 638.11 Amount payable under policy, 638.05 Burial contracts prohibited 639.02 Capital stock, minimum requirement, 638.01,

638.02 Certificate of authority, 638.12

Foreign companies, 638.08 Necessity, 638.06 Renewal, 638.06 Revocation, 638.13

Compliance with law regulating, 638.01 Death benefits, amount allowed, 638.05 Definition, 625.01 Deposit for reserves, 638.03 Examination by insurance commissioner, 638.12 Failure to comply with law, penalty, 638.15 Foreign companies

Certificate required, 638.08 Investments, 638.09 Process, service, 638.11 Statement required, 638.09

Fraternal or secret societies exempted from operations of law, 638.14

Insurance commissioner, duties, 638.12 Investments, 638.07, 638.09 Law, certain fraternal societies exempt, 638.14 Laws applicable, 638.12 License taxes, 205.43 Licensing laws, penalty for violations, 205.44 Life and accident companies exempt from law,

638.14 Life insurance companies, exemption from op­

eration of law, 638.01, 638.14 Policies

Forms subject to approval of commissioner, 635.16

Limitation of amount, 638.05 Premiums, funeral directors, etc., not to col­

lect, 638.16 Process, agreement for service, 638.11 Qualification required to engage in business,

638.01 Reserve funds, 638.03, 638.04 Revocation of company's certificate, 638.13 Statements to insurance commissioner

Additional, 638.10 Annual, 638.07 Blanks, 638.10 Foreign companies, 638.09, 638.10

Page 25: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3257 INDEX I

INSURANCE (Cont.) Sickness and funeral benefit (Cont.)

Stock capital; minimum requirement, 638.02 Undertakers, contracts with, 639.03 Undertakers not to act as agents, 638.16 Violation of law, penalty, 638.15

Small loans, making, collateral, 516.20 Societies exempt, 626.22

Solicitors Agents responsible for all acts of, 627.88 Application to act as, 634.051 Appointment and termination of; notice of,

furnished commissioner, 627.75 Binding effect of insurance handled by unli­

censed solicitor, 625.211 Business contracted, in name of agent, 627.88 Contracts

Issuance, 625.35 Signing, in blank, 627.23 With company, termination, 627.30

Corporation, officers and stockholders solicit­ing, etc., insurance be licensed, 627.85

Counter signature to contract prohibited, 627.88

Credit and character report, furnishing, 627.75 Definitions, 625.01, 627.72 Fraudulent practices as grounds for revoca-

tion or suspension of license, 627.93 Impersonation, 627.76 Improper conduct; investigation, 626.28 Laws of other states applicable by reference,

625.35

License Agents responsible for all acts of, 627.88 Application

Contents, 627.80 Endorsement by agent, 627.80

Certificate of authority; issuance, 627.83 Denial or renewal

Effect, 627.93 Grounds for, 627.93 Hearing required, 627.94 Procedure for, 627.94 Review, 627.95

Examination Authority, 627.81 Fees, 627.81 Place, 627.81 Time, 627.81

Expiration and renewal dates, 627.77 Inquiry, reasonable, 627.77 Investigation, 627.77 Municipalities, 205.45 Occupational, 205.45 Revocation, refusal, etc.; grounds for, 625.35 Qualifications, 627.80 Requirements for issuance, 627.77 Revocation, suspension, etc.

Effect, 627.93 Grounds, 627.93, 625.35 Hearing required, 627.94 Procedure, 627.94 Review, 627.95

State and county, 205.45 Tax, 205.45, 627.02, 627.05, 634.051

Determination, etc., 625.35 Temporary license, issuance, 627.78 Unlawful to act as solicitor without, 627.76 Withholding payment pending employment

of particular undertaker, 639.04 Limitation on contract solicited, 205.45 Misrepresentation of policy terms, 625.21 Notice of appointment and termination fur-

nishing, 627.75 '

INSURANCE (Cont.) Solicitors (Cont.)

Partnership, members soliciting, etc., insurance be licensed, 627.85

Penalties for violation of law, 627.96 Scope of law, 627.98 Short title, license law, 627.71 Termination of, notice, 627.75 Qualification tax, 205.45 Unfair practices as grounds for suspension or

revocation of license, 627.93 Unlicensed insurer, representing, 625.212 Unlicensed person acting as solicitor, 627.76 Violation of laws concerning, penalty, 625.011 Workmen's compensation, 440.38, 440.41

State employees, group insurance, purpose of law, 112.14

State treasurer See: Commissioner Statement to insurance commissioner

Before issuance of certificate of authority, 626.02

Fraternal benefit societies, 637.33 Inclusion of premiums on policies issued by

resident agents, 626.24 Publication, 626.09 Renewal annually, 626.09

Stock, sale at discount Failure to furnish data in investigation, 625.07 Penalty, 625.05

Stock, sale, excessive commissions, 625.15 Supervisory general agents

Administration and enforcement; rules and regulations, 645.15

Appointment of agent for service of process,. 645.13

Bond, requirement, 645.11 Definition, 627.72 Placing insurance with nonadmitted insurers.

Conditions and limitations, 645.05 Disqualifying certain insurers, 645.08 Effective date of law, 645.16 Licensing

Application, 645.04 Bond required as prerequisite, 645.11 Condition precedent, 645.02 Hearing, 645.12 Judicial review of suspension or revoca­

tion, 645.12 Suspension or revocation, 645.12

Policy, information required', 645.07 Premium receipt tax, 645.09 Records to be kept, 645.06 Violation of regulations, penalties, 645.14

Supervisory insurance with non-admitted in· surers Certain insurers disqualified, 645.08 Licensing

Annual license tax, 645.10 Expiration date, 645.04 Renewals, 645.04

Surety, definition, 627.55 Surety companies, licensing laws, penalty for

violations, 205.44 Surgical service plans, definition and scope,.

641.02 Tax on assessments and gross receipts, 205.43 Taxation

Exemption certain domestic insurers, 205.431 Gross receipts tax; municipal police officers'

r etirement fund, 185.08 Overpayment refund~d, 205.43 Tax returns under oath, 205.43

Title insurers, voluntary deposits, 626.25 Travelers; sale by ticket agent; special license,

issuance, 627.84

Page 26: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3258

INSURANCE (Cont.) Undertakers not to act as agents for sick and

funeral benefit insurers, 638.16 Unfair competition or practices

Additional powers conferred upon commis-sioner, 643.12

Advisory organizations, 626.27 Boycott, coercion and intimidation, 643.04 Cease and desist orders and modifications

thereof, 643.07 • Declaration of purpose of law, 643.01 Defamation, 643.04 Definitions, 643.02, 643.04 False information and advertising, 643.04 Financial statements, falsifying, 643.04 Hearings, witnesses, appearances, etc., 643.06 Immunity from prosecution of persons pro-

ducing books or testifying, 643.13 Injunction to restrain undefined unfair prac­

tices, 643.09 Intervention in proceedings, judicial review,

643.10 Judicial review of cease and desist orders,

643.08 Misbranding fraudulent, etc., companies of

other policies prohibited, 643.04 Penalty for violation of cease and desist orders,

643.11 Power of commissioner, 643.05 Prohibited, 643.03 Rebates, 643.04 Sales or financing of real or personal prop­

erty; designation of specific insurer pro-hibited, 643.04 ·

Stock operations and advisory board contracts, 643.04

Undefined unfair practices, powers of commis­sioner, 643.09

Unfair discrimination, 643.04 Weekly premium industrial insurance; em­

ployment of agent in same territory form­erly serving another insurer prohibited, 643.04

Violations of law Immunity of witnesses, 635.08, 643.13 Penalties, 205.44, 627.96, 630.11 Regulating compensation of agents, 625.26

Workmen's compensation Commissioner, duty, 440.38 Duty of employer to carry, 440.38 Pooling liabilities, 440.57

INSURRECTION Governor, authority to preserve peace, 14.02 Inciting, 779.05 Militia called out to suppress, A14 S4, 250.06 State bonds, issuance to suppress, A9 S6

INTANGIBLE PERSONAL PROPERTY See: TAXATION

INTEGRATION, FLORIDA BAR See: Order and articles following ibis index

INTEMPERANCE See also: DRUNKENNESS: INTOXICATION Administrator disqualified, 732.45 Divorce, grounds for, 65.04

INTENT Defraud; allegations in indictment, 906.18 Local legislation, notice to apply for, proof, etc.,

11.03 INTER-AMERICAN CENTER AUTHORITY

Actions, authority to sue and be sued, 554.04 Appropriation, 282.01(1) / 32/ Assistance between state agencies, 554.22 Authority, defined, 554.06

lNTER-AMERICAN CENTER AUTHORITY (Cont.) Bonds

Constitute contract, 554.19 Contents, p54.09 Defaults, procedure in event of, 554.14 Definitive bonds, 554.08 Issuance of negotiable revenue bonds, 554.08 Refunding, 554.15 Revenue

Issuance, 554.08 Secured by mortgages, 554.11 Secured by trust indenture, 554.11

Secured by mortgage, 554.09 Specifications, 554.09 Trust fund, 554.10 Trust indenture, 554.10 Validation, 554.18

Center, defined, 554.06 Contracts with counties and municipalities au-

thorized, 554.24 Corporate powers, 554.25 Creation, 554.01 Declaration of public purpose, 554.16 Definitions, 554.06 Definitive bonds, 554.08 Duties; powers, 554.03 Eminent domain, exercise of power by, 554.07 Exemption from tort liability, 554.21 Liberal construction, 554.20 Location of principal office, 554.04 Members, 554.02 Power of authority, 554.07 . Proceedings in contracts, ratification, 554.17 Rates and charges

Fixing, 554.12 Pledging, 554.12

Receivership, procedure to bring, 554.14 Refunding bonds, 554.15 Remedies of bondholders, 554.13 Revenue bonds See: Bonds Road designation, 554.23 Short title, 554.26 Torts, exemption from liability, 554.21 Trust funds, 554.10 Trust indenture, 554.10 Trustees, duties, 554.10

INTEREST Accounts of delinquent officers, 215.05 Attorney's fees, 687.05, 687.06 Banks, provisions inapplicable, 687.10 Bonds

County, 125.01, 130.02, 130.10 Deposited with state treasurer by insurance

companies, 631.07 Drainage districts, 298.29, 298.47 Drains by counties, 157.08, 157.12-157.14 Judgments on, 55.04 Municipal, 169.02, 169.07, 169.08, 170.15, 172.04 Sinking fund, 236.55 Special road and bridge districts, 140.10, 140.13

Building and loan association, loans, 665.18, 665.27

Chattel mortgages, statements in, 687.09 Checks and other devices given in payment of

labor, 532.03 Collection by trust companies, 660.01 Common school fund, apportionment, 229.17 County bonds, judgments, 55.04 County depositories, deposits, 136.01, 136.02,

136.04 County warrants, 130.21, 130.23 Date from which interest runs, 674.19 Default, judgment on entry, 50.11 Defined, 516.20

Page 27: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3259 INDEX I

INTEREST (Cont.) Deposits

Savings banks, 654.01 Trust companies, 660.Q1

Discount, consumer; financing, 519.08 Disqualifications

Judges, 38.11 Jurors, 54.12 Witnesses as to communication with deceased,

etc., 90.05 Drainage districts

Bills and notes, 298.29 Bonds, 298.29, 298.47 Funds, 298.17 Money borrowed, 298.29 Warrants, 298.60

Entireties estate; incompetent; disposition, 745.15 Excessive charges, forfeiture, 687.07 Forfeitures, 687.04, 687.07-687.09 Judgments, 55.02, 55.03 Legal rate See: Rate Loans by credit unions, 657.14 Morris plan bank loans, 656.06 Mosquito control districts; bonds, 390.19, 390.22 Public moneys deposited in banks, 18.15 Rate

Discount, consumer; financing, 519.08 Judgments, 55.03 Legal, 687.01 Maximum, 687.02, 687.03 Small loans, 516.02, 516.14, 516.18 Statutory, 687.01

Receipts for payment to show principal and in-terest, 687.08 ·

Refunding bonds of counties, 132.03, 132.04, 132.06, 132.09, 132.15

Rent, 83.06 School district bonds, 236.52 Small loans business, 516.02, 516.14, 516.18 State depositories, 18.10 Taxes

Inheritance and estate, 198.15 Redemption by person other than county,

194.15 Redemption of land sold for, 194.02, 194.05,

194.06, 194.08, 194.11 Trust companies, provisions inapplicable, 687.10 Usury See: USURY Warrants

County, 130.21, 130.23 Drainage districts, 298.60

INTERMARRIAGE White and colored, A16 S24

INTERNAL IMPROVEMENT See: DRAINAGE DISTRICTS; DRAINAGE BY

COUNTIES INTERNAL IMPROVEMENT FUND

Appropriations Generally, 282.01(1)/33/ Repayment of trustees for money lent, 253.48

Confirmation of certain land grants, 694.07 Consists of, 253.01 Drainage and reclamation

Borrowing money Application of money, 253.31 Authority, 253.30 Duty of lenders, 253.31 Notes, etc., 253.32, 253.34

Loans to board of drainage commissioners, 253.33

Suits, no judgment against state, 253.32 Exchange of land

Deed, 253.43

INTERNAL IMPROVEMENT FUND (Cont.) Exchange of land (Cont.)

Disposal of lands received, 253.44 Trustees, 253.42

Extended grants not forfeited, 253.28 Forfeited lands

Enurement to other corporations, 253.26 Homestead, 253.25 Land grants, 253.24-253.26, 253.28 Recovery by trustees, 253.20

Grants subject to trusts, 253.22 Homestead, forfeited lands, 253.25 Investment, 253.02 Murphy act lands, 192.38-192.50 Natural resources; sale or lease, 253.45 Ownership of lands; certificate of commissioner

of agriculture, 92.16 Pre-emption, right, 253.18 Public land

Actions involving, 253.04 Protection, 253.04 Sales, disposition of proceeds, 270.22

Railroads Alternate sections granted, 253.19 Construction, 253.16 Examination by trustees, 253.17 Forfeited lands, recovery, 253.20

Reclaimed marsh lands Riparian rights unaffected, 253.38 Sale, 253.37 · Survey, 253.37 Title, 253.36

Reservations vacated, 253.27 Roads, use, 345.01 Sale of lands

Authority, 253.02 Bids, 270.09 Deeds, 270.09 Homestead, etc., rights unimpaired, 270.10 Mineral rights, reservation, 270.11 Murphy act lands, 192.38-192.50 Notice, 270.07, 270.08 Record, 270.09 Release of state's mineral rights, 270.11 State seal on deeds and conveyances, 19.22 Swamp or overflowed lands, 345.02 Terms, 270.09 .

State lands; Murphy act, 192.38-192.50 State treasurer; securities in which trustees in­

vest, 253.64 Surveys by chief drainage engineer validated

Lands affected, 253.40 Plats and field notes filed with commissioner

of agriculture, 253.41 Validation, 253.39

Tidal lands Effect of submerged and filled-in land law,

271.01 Sale

Authority, 253.08, 253.13 Enjoining, 253.09, 253.10, 253.14 Notice, 253.08, 253.13 Objection, 253.08, 253.13 Rights of purchasers, 253.11, 253.15 Trustees to defend suits against, 253.14 Withdrawal, 253.08, 253.13

Title vested in trustees Dade and Palm Beach counties, 253.06 . Generally, 253.12 Monroe county, 253.07

Validation of certain conveyances, 253.12 Title to land vested in; Murphy act lands, 192.381 Transfer to general revenue fund, 253.63

Page 28: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3260

INTERNAL IMPROVEMENT FUND (Cont.) Trustees

Administration of certain state land, 253.03 Bills, notes, etc., endorsement and transfer,

253.34 Borrowing money for

Acquiring lands, etc., for reforestation, 591.07 Drainage, etc., 253.30, 253.33

Conveyance of land for emergency airport and landing fields, 331.05

Conveyance of lands to United States without reservation of oil, etc., 253.62

Conveyance of title to Seminole Indian reser­vation land, 285.02

Conveyance to other state agencies, 253.51> Conveyances of Murphy act lands

Former owner , procedures, etc., 192.381 Leases, etc., confirmed, 192.49 Municipalities, counties, etc., 192.50

Deeds, etc.; evidence, 92.16, 92.17 Drainage, providing, 253.18 Duty to protect and preserve

Assistance by prosecuting officer, 253.05 State lands, 253.04

Endorsement and transfer of bills, notes, etc .. 253.34

Everglades experiment station Donations accepted by, 241.31 Lands, use of, 241.28, 241.30

Everglades national park Conveyance of Murphy act lands to United

States, 264.15 Conveyances of lands, 264.09, 264.10 Exchange of lands outside for land in, 264.10 Reversion of lands not used for park pur-

poses, 264.09 Exchange of lands

Authority, 253.42, 264.10 Deed, 253.43 Disposal of lands received, 253.44 Without reservation of oil, etc., 253.62

Florida state improvement commission, grants and conveyances, 420.05

Forestry, conveyance of lands for community forest, 591.19

Forfeited lands, recovery, 253.20 Homesteading by veterans of world war n,

253.35-253.356 Homesteading generally, 253.25 Information relative to sales of lands, furnish-

ing to tax assessors, 193.76 Investment of funds. 253.64 Lands enumerated, 253.03 Lease

Bottoms of bays, streams, etc., 253.47 Murphy act lands, 192.38 Petroleum or gas rights, 253.47 State lands for mineral purposes, 253.45 Timber, clay, sand, gravel lands, 253.45

Limitation of actions, 95.02 Loans and advances to board of drainage com-

missioners, 253.33 Location of returned soldiers, contmcts, 253.35 Murphy act lands, 192.38-192.50 Oil and gas leases, 253.51 Personnel, 253.02 Petroleum oil and gas exploration fund, trans­

fer and liquidation, 253.491 Petroleum, oil and gas leases, authority to ne­

gotiate, 253.47 Phosphates, etc., under sovereignty lands; sale,

etc., 253.45 Powers and duties, 253.02 Price of public lands, fixing, 253.18

INTERNAL IMPROVEMENT FUND (Cont.) Trustees (Cont.)

Railroads Approval of details of construction, 253.16 Designation of engineer to examine, 253.17

Reclaimed marsh, wet or low lands Riparian rights not affected, 253.38 Sale, 253.37 Survey to be made, 253.37 Title vested in trustees, 253.36

ReforestatiOn projects Administration of lands, 591.06 Application of lands to other purposes, 591.13 Borrowing and expending funds, 591.07 Contracts for sale of lands, 591.09 Delinquent tax liens, settlement, 591.05 Powers and duties, 591.01-591.06 Sale and lease of lands, 591.08 Sale of lands

Distribution of proceeds, 591.11 Within counties, 591.12

Payment of obligations, 591.10 Title to lands, 591.14

Refund where title fails, 253.29 Repayment for money borrowed, 253.48 Reports to legislature, 253.23 Royalty agreements with United States in re-

spect to oil, etc., 253.62 Sale of public lands, 270.07 . Sale of state lands, 192.38, 192.381 Sales

Bottoms of bays, streams, etc., 253.47, 270.13 Lands, 192.38, 253.02, 253.44 Mineral purposes, 253.45 Moss, 253.46 Murphy act lands, 192.38-192.50 Petroleum or gas rights, 253.47 Refund where title fails, 253.29 Sand and gravel from state lands, 253.45,

270.13 Surrender of certain lands to United States,

253.21 Tidal lands, sale

Authority, 253.08, 253.13 Injunction against

Effect, 253.10 Right, 253.09, 253.14

Notice, 253.08, 253.13 Objection, 253.13 Purchasers' rights, 253.11, 253.15 Title vested in trustees, 253.06, 253.07, 253.12 Trustees to defend suits against, 253.14 Withdrawal, 253.08, 253.13

Title to land vested in Lands granted to state, 253.02 Marsh, etc., lands, reclaimed, 253.36 Murphy act lands, 192.38-192.50 Tidal lands, 253.06, 253.07, 253.12

Toll rates of canal companies, approval, 360.11 Transfers to general revenue fund, 253.63 Validation of prior investments, 253.64 War veterans, homesteading state lands,

253.35-253.356 INTERPLEADER

Adverse claimants to goods in warehouse, 678.1'7 INTERROGATORIES

See also: DEPOSITIONS. Ch. 91 Adverse party; before trial, 90.17, 90.18 Cross-interrogatories; filing; time and manner,

91.04 Defendant in chancery ; failure to sufficiently

an swer; procedure, 90.18 Ejectment, in, 70.04 Failure to answer, 55.28 Oral, 90.18

Page 29: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3261 INDEX I

INTERROGATORIES (Cont.) Redirect; filing;. time and manner, 91.05 Writing, 90.17

INTERSTATE COMMERCE Alcoholic beverages ; license and excise taxes;

comcrnon carriers, 561.34 Anti-bookie law not to apply to private wire

service used in, 365.04 • Cigarette tax

Freight bills required, 210.09 • Records of shipments, 210.09, 210.12 Egg law declared inapplicable, 583.11 Gasoline, motor fuels, naphtha, distillate, kero­

sene, carriers to r eport to comptroller, 207.13 Law re regulation of telegraph and telephone

companies not to affect, 364.29 Milk law declared inapplicable, 501.18 Motor vehicles; fees and registration, 320.16 Railroad and public utilities commission, regula-

tion of common carriers, 350.09 Sales tax See: SALES TAX. Ch. 212

INTERSTATE COMMERCE COMMISSION Attorney General to represent railroad and pub­

lic utilities commission before, 350.66 Complaint by railroad companies, 350.66, 364.27 Railroad and public utilities commission; appeal,

350.66 INTERSTATE COOPERATION COMMISSION

Attorney general or assistant; member of gov­ernor's cooperation committee, 12.05

Budget director; member governor's cooperation committee, 12.05

Committees, commission Designation, 12.06 Establishment, 12.01, 12.02, 12.03, 12.05 Functions, 12.07

Council of state governments Assistance to, 12.08 Joint governmental agency of this state, 12.09 Participation in, 12.07

Designation; committees and commission, 12.06 Establishment; membership, 12.01 Functions of commission

Advancement of cooperation between Florida and other states, etc., 12.07

Committees; establishment; appointment of members, 12.08

Council of state governments; to participate in, 12.07

Reports to governor and legislature, 12.08 Governor's cooperation committee

Chairman, 12.05 Committee members; composition, 12.05 Governor ex officio member, 12.05 . Membership, appointment, 12.05

House of re-presentatives cooperation, committee Speaker ex officio member, 12.01 Standing committee, designation, 12.03

Legislative reference bureau director; member governor's cooperation committee, 12.05

Legislature · Functions of committees; term of service, 12.04 Members to serve on, 12.01

Members Appointment, 12.01, 12.04 Compensation, 12.01 Expenses, 12.01

Powers and duties, generally, 12.08 Senate cooperation committee

President ex officio member, 12.01 Standing committee, designation, 12.02

INTERSTATE OIL COMPACT COMMISSION Appropriation, 282.01(1) I 41d/

INTERURBAN RAILWAYS License taxes, 195.12

INTERVENTION Eminent domain, 73.05 Validation of bonds; proceedings, 75.07, 100.321

INTOXICATING LIQUORS See: ALCOHOLIC BEVERAGES AND LIQUORS

INTOXICATION See also: DRUNKENNESS Attorneys at law; disbarment, 454.24 Death of patient caused by intoxicated physician;

manslaughter, 782.15 Executors or administrators; removal, 734.11 Penalty, 856.01 Servants of common carriers, 860.03 Workmen's compensation where injuries caused

by, 440.09, 440.26 INVALIDS

Exemption from tax, A9 S9 Guardians See: GUARDIANS AND WARDS License taxes; exemption, 205.15

INVASION Habeas corpus, suspension of, DR S7 Militia called out to repel, A14, S4, 250.06 State bonds, issuance to repel, A9 S6

INVENTORIES Decedents' estates

Evidence, 733.06 Filing, 733.03 Necessity, 733.03 . .

Personal property, under exemptiOn proceedmge, 222.06, 222.07

Search warrant; property taken under, 933.12, 933.13

INVESTIGATIONS Governor's authority to employ persons to make,

14.06 Legislative See: LEGISLATURE. Chs. 10-11 Legislative, attendance of witnesses, A3 S10

INVESTMENT COMPANIES Sale of stocks, bonds and other securities See:

CORPORATIONS INVESTMENTS

Banks See: BANKS AND TRUST COM­PANIES

Bonds and motor vehicle anticipation tax cer-tificates, 518.15

Common trust fund, 660.11, 660.12, 660.13, 660.14 Co-operative marketing associations, 618.07 Fiduciary funds

Courts, authorized to permit deviation from terms of instrument, 518.13

Limitation Authorized investments, 518.12 Legal investments, 518.12

Prudent man rule, 518.11 Scope of law, 518.14 Turnpike authority bonds; eligible for, 340.21 Veteran's administration fund, 518.01

Fraternal benefit societies, 637.17, 637.19 Gas tax fund

First, 341.68 Second, 341.69

Guardians; veteran's administration fund, 518.01 Housing authority bonds, 518.09 Insurance companies, 626.04 Legal, listed; veteran's administration fund,

518.01 Mutual fire insurance associations, 632.14 Savings banks' funds, 654.05

Page 30: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

I INDEX 3262

INVESTMENTS (Cont.) Surety companies, 626.04 Trust companies; common trust fund, 660.11,

660.12, 660.13, 660.14 . Trustees, 691.03, 691.04

INVOICE False, to defraud insurer; penalty, 817.22

INVOLUNTARY SERVITUDE Prohibited except as punishment for crime, DR

S19 INVOLUNTARY TRESPASS

Plea, 52.14

IRISH POTATOES Standard bushel, 531.01 Weight to be marked on packages, 531.03

ISLANDS Internal improvement fund, 253.98, 253.11-253.15

ISLE OF WIGHT DISEASE Honeybees, 584.01

ISSUE Definition, 674.01 Libel and slander, 51.05 Misjoinder; cure, 54.26 Negotiable instruments; definition, 674.01 Prohibition, 80.10

Page 31: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

JACKASSES Driving or penning; penalty, 811.26 Estrays See : ESTRA YS, Ch. 707 Gelding when running at large, 707.22 Killing when useleess, 828.05 Liens for services, 85.21 Maliciously killing, 828.07 Municipal regulation, 168.09 No fence law See : FENCES Owner of insufficiently fenced premises ; killing,

828.06 Running at large, 707.22

See also: FENCES Sale when not gelded and running at large,

707.23 Unauthorized use, 811.21 Wantonly killing, 828.09

JACKSON COUNTY Boundaries, 7.32 Circuit court terms, 26.35 Congressional district, third, 8.01 Judicial circuit, 26.15 Representatives in legislature, number, 10.03 Senatorial district, 10.01

JACKSONVILLE. CITY OF Duval county, merger with, A8 89 E"xtending territorial limits, 171.08 Fireman's pensions, 175.05 Legislative power to alter, abolish, or establish,

A8 S9 Pilots for port, 310.03 State board of health headquarters, 381.03 State marketing commissioner's headquarters,

603.02 JAI ALAI

See: Jai alai and fronions under RACING JAILERS

Cruelty to prisoners, 950.09 Escapes, liability, 843.09, 843.10 Fees, 950.04 Malpractice, 950.09 Refusal to receive prisoner, 839.21 United States prisoners, duties to receive, 950.03,

950.04 JAILS

See also: CONVICTS: STATE PRISON, Ch. 954 Bonds for construction, 125.01, 130.01, 130.04 Commitment, jail of another county, 932.39 Cons:truc:tio11r opera:tion

Municipalities See: MUNICIPALITIES Private companies

Contracts with municipalities, 180.17 Damages due to negligence, liability, 180.15 Definition to public utility, 180.07 Franchise from municipality, 180.14 Purchase of property by municipality, 180.16 Regulation by municipalities, 180.20 Use of works by municipalities, 180.18 Use of works by other municipalities outside

corporate limits, 180.19 Contracts for building, 135.02 Erection, 135.01, 135.02 Expenses, certain payment authorized, 125.45 Extradition of prisoners, duty of county and city

to receive, 941.12 Fees for maintaining prisoners, 950.01-950.04 Florida industrial school for boys, inmates sent

to, 955.22

J JAILS (Cont.)

Furnishing, 125.45 Imprisonment to be in, unless otherwise ex­

pressed, 775.06 Insanity, commitment of accused acquitted for,

919.11 Inspection, 952.02 Juvenile detainee not to be confined in ; excep­

tions, 39.03 Sanitation and disinfection, 381.50 Sentence of imprisonment, jail of another coun­

ty, 950.01 Separation

Male and female prisoners, 950.05-950.07 White and colored prisoners, 950.05-950.08

Tax for construction, 135.01 United S:tates prisoners

Duties to receive, 950.03 Failure to receive; neglect ; penalty, 950.04 Fees, 950.03

JASMINE Preservation, 865.06

JEFFERSON COUNTY Boundaries, 7.33 Circuit court terms, 26.23 Congressional district, third, 8.01 Judicial circuit, 26.03 Representatives in legislature, number, 10.fr3 Senatorial district, 10.01

JEFFERSON DAVIS' BIRTHDAY Legal holiday, 683.01, 683.02

JEOPARDY Double, prohibited, DR 12 Former

Bar to :prosecution, 910.11 Conviction in other state or county, 932.10 Plea of, to be made by motion to quash, 909.02

JETTIES Construction, 309.01

JOCKEY CLUB Exempt from prohibition use of word "club,"

608.63 JOCKEYS

Minors, 550.04 JOINDERS

Causes of action Generally, 46.08, 46.09, 62.04 Liens, enforcement, 86.10

Husband and wife, in conveyance of wife's sepa­rate property, 708.04

Issue, form, upon plea, 51.10 Parties, see: PARTIES

JOINT OWNERSHIP Homestead, A10 S7 State not to be in corporation, A9 S10

JOINT RESOLUTIONS Enrollment, 11.07 Procedure for enactment by legislature, A3 S17

JOINT STOCK LAND BANKS See: BANKS AND TRUST COMP.ANIES

JOINT TENANCY Partition See: PARTITION, Ch. 66 Simultaneous death, 736.05 Survivorship abolished; exception, 689.15

3263

Page 32: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

J INDEX 3264

JOURNALS Legislative See: LEGISLATURE, Ch. 10, 11 State prison

Physician, 954.44 Superintendent, 954.40

JOURNEYMEN PLUMBERS See: PLUMBERS, Ch. 469

JUDAH P. BENJAMIN MEMORIAL Accepted, 265.10 Commission, appointment, 265.10 Gamble mansion, acquisition, 265.10

JUDAS TREE Preservation, 865.06

JUDGE ADVOCATE GENERAL See: Court Martials under MILITIA

JUDGES Ad litem, A5 S19, 38.11, 38.13 Age, qualifications, A5 S3 Assessment of damages on default, 50.11, 50.111,

50.12 Capital cases; appointment of counsel, 909.21 Change of venue

Disqualification as ground, 38.11, 53.07 Grant, 53.01 Transfer of papers, 53.10

Charges to jury See : TRIAL Circuit See: CIRCUIT JUDGES, Ch. 26 Civil court of record See: CIVIL COURT OF

RECORD, Ch. 33 Conservators of the peace, A5 S36 Constitutional courts of record, office expense,

43.03 Contempt of court

Definition, 38.23 Power to punish, 38.22 Refusal to verify or certify transcripts of rec­

ords, 59.26 Costlf

Parties, in forma pauperis, 58.09 Taxation, 58.02

County court See: COUNTY COURT, Ch. 34 County judge See: COUNTY JUDGE-COUNTY

JUDGES' COURTS. Ch. 36 Court of record of Escambil} county, A5 SS 41, 48 Criminal causes, change of, 911.01 Criminal court of record See: CRIMINAL

COURTS OF RECORDS, Ch. 32 Death of judge, disposition of matters pending,

38.12 Defaults, entry, assessment of damages, 50.10,

50.11, 50.111, 50.12 Directed verdict, 54.17 Disbarment proceedings, duty in, 454.24 Disqualification

Affidavit, 38.02, 38.10 Attorney or counselor in case, 38.02 Change of venue, 38.11, 53.07 Civil court of record, 33.07 Constables, 37.19 County judges, 36.06, 744.08 County or municipal corporation as party, 38.11 Criminal court of record, 32.06 Designation of judge to hear cause in case,

38.09 Drainage districts, 298.04 Effect, 38.01, 38.06-38.08 Generally, 38.01 Habeas corp~s, 38.09 Justice of peace, 37.22 Motion, by judge himself, 38.05 Motion, on own, 38.03 Order of disqualification, 38.09 Orders, etc., prior to order of disqualification,

effect, 38.07, 38.08 Party to cause, 38.01

JUDGES (Cont.) Disqualification (Cont.)

Prejudice as ground, 38.10 Procedure, 38.01-38.11 Reconsideration of orders entered prior to

order of disqualification, 38.07 Relationship to party, etc., 38.02 Substitution, 36.16, 38.11 Suggestion of disqualification and proceedings,

38.02 Sworn statement by judge holding himseU

qUalified, 38.04 Validation of bonds, 75.14-75.16 Waiver of grounds, 38.03 Witness in case, 38.02

Escambia county court of record, interchange of judges with first judicial circuit, 43.04

Impeachment Disposition of matters pending, 38.12 Liability to, A3 S29

Instructions to jury See: CRIMINAL PRO· CEDURE: TRIAL

Judicial council; reports of, 43.15 Juror, disqualification, 40.07 Jury venire, drawing, 40.36, 40.37 Juven ile court See: JUVENILE COURTS Marriage

Performing ceremony for white person with colored person, penalty, 741.16

Solemnization, 741.07 Oaths, administering, 90.01 Objections, 38.02 Partnership with attorneys at law, 454.19 Prejudice, disqualification, 38.10 Probate judge See: COUNTY JUDGE-

COUNTY JUDGES' COURT, Ch. 36 Qualifications, A5 S3 Records, falsifying, 839.13 Requested instructions to jury; duty to declare

rulings between, 54.19 Resignation, disposition of matters pending, 38.12 Retirement

Appropriation, 282.01(1) / 51a,f/ Disabled, 38.15 Duval county, A5 S42, 38.18 Voluntary, 38.14

Salaries of circuit judges, 26.51 Search warrants, issuance, 933.01, 933.07 Session laws and pamphlets furnished to, 283.18,

283.25 Sheriffs, appointment of acting sheriff to attend

court under certain circumstances, 30.12 Small claims courts See: SMALL CLAIMS

COURTS Substitution, 32.06, 38.11, 744.09 Supreme court justices See: SUPREME

COURT, Ch. 25 Transcripts of record

Certification, 59.23 Compensation

Certifying, 59.24 Recopying, 59.25

Refusal to verify or certify, 59.26 Vacancy in office, filling for unexpired term,

A5 S33 JUDGMENT AND EXECUTION DOCKETS

Clerk of the circuit court to keep, 28.21 County court, 34.06 Default docket, 28.21 Index of entries, 28.24

JUDGMENT CREDITORS Condemnation proceedings, parties, 73.02

JUDGMENT DEBTOR Failure to disclose amount of stock owned by,

55.27

Page 33: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3265 INDEX J

JUDGMENTS Adverse possession under, 95.17 Alcoholic beverage law; property seized; dispo­

sition, 562.405 Alimony decrees, modification, 65.15 Appeal and error

Certified to lower court for execution, 59.37 Execution, 59.37 Opinion of supreme court to accompany man­

date to lower court, 59.36 Quashing proceedings, damages, 59.33 Remission of record to lower court. 59.37

Appeal, certiorari, petition denied, effect, 59.021 Appeals allowed

. Chancery courts, 59.02 Common law courts, 59.02 Directing entry in lower court, 59.34

Arrest See: Motions in arrest Assignment

Insolvent banks, 661.20 Record. 28.21

Attachments Bonds. 76.31 Suit, 76.31

Award of arbitrators upon, 57.09 Betterment proceedings after ejectment, 70.09,

70.10 Bonds for payment of money upon, 55.02 Cancellation, 701.04, 701.05 Certified transcripts of; record'ed; lien on real

property, 28.221 Civil courts of record, 33.08 Collateral attack, unrecorded judgment, 55.07 Common counts, justice of peace court, 81.19 Condemnation proceedings, 73.12 Confession

Action, 37.01 Garnishee, 77.21, 77.22 Negotiability of instruments as affected by

authority to confess judgment, 674.06 Power of attorney, 55.05 Taking, by those engaged in business of mak­

ing small loans, 516.16 Costs and charges

Compensation of witnesses, 90.15 Illegally exacted, 58.05 Imprisonment for default, 921.14 Included in, 58.04 Satisfaction before execution, 55.62 Surety paying judgment. 55.13

Counterclaim or cross claim, 52.11 Counties claim or cross claim, 52.11 County judge's fees, 36.17 Creditors' bill, condition precedent, 62.37 Criminal cases See: CRIMINAL PROCEDURE Criminal court of record, 32.08 Damages, proof of; by default, 50.111 Death of party before, 45.16, 45.17 Default

Attachment suits Bonds, 76.31

Condemnation proceedings, 73.04 Contract, action founded on; interest, 50.11,

55.03 Damages, assessment, 50.11, 50.111, 50.12 Distress fer rent, 83.17 Drainage district taxes, suit to enforce, 298.46 Eminent domain, 73.06 Entry, failure to produce books, etc., 90.16 Final judgment, 50.11, 50.12, 50.111 Garnishee, against, 77.20 Landlord's, proceedings to recover premises,

83.32 Liens, enforcement, 86.06 Opening, 50.10

JUDGMENTS (Cont.) Default (Cont.)

Power of attorney, 1>5.05 Production of books, etc., as failure, 90.16 Prohibition, 80.09 Proof of damages, 500.111 Small claims court actions, 42.10

Defaulting officers, discharge of compromise with state attorney, 27.13

Deficiency judgment, mechanic's lien proceed-ings, 84.29

Definition, 921.01 Disbarment or suspension of attorney, 4fi4.2.6 Distress proceedings, 83.18 Divorce decrees, effect, 65.05 Dower, assignment, 733.12 Effect of invalid affidavits or oaths, 55.07J Ejectment

Betterment proceedings, 70.09, 70.10 Contents, 70.05

Election contest for county office, 99.211 Embezzlement of bank funds, 812.08 Eminent domain, 73.12, 74.05, 74.06 Entry, failure re, 55.07, 62.10 Establishment of lost papers and records, 71.08 Evidence, admissibility, 92.05-92.07, 92.09 Executions See: EXECUTIONS, Ch. 55 Express companies, claims against, 359.01 Federal courts, recording, 28.21 Fertilizer deficiencies, 576.084 Final

Evidence, 92.05 Rule of court operating as, 59.03 Satisfaction before execution, 55.62 Writs of error, 59.02, 59.03

Forcible entry and unlawful detainer, 82.16, 82.17 Foreign

Liens, creation when, 55.08 Limitations, 95.11 Record, 28.21

Form, 55.01, 55.02 Forthcoming bond, execution, 55.35 Franchise to use streets, forfeiture, 167.26 Garnishment

After judgment against defendant, 77.01, 77.03, 77.04, 77.05, 77.06, 77.13, 77.14, 77.15, 77.16, 77.17

Before judgment against defendant, 77.01, 77.18-77.24

Writ, garnishee's answer service upon plain­tiff, 77.04

Guardian and ward, 744.61 Habeas corpus

Effect, 79.10 Entry, 79.09

.Harmless error, effect, 54.23 Homesteads, A10 SS 1-3 Insurance company

Attorney's fees, 625.08 Failure to pay, revocation of certificate, 625.09

Interest Bond for payment money, 55.02 Bonds, etc., of counties, 55.04 Rate, 55.03 Surety paying judgment, 55.13

Interlocutory, death of party after, 45.17 Joinder of parties, 46.11 Judge, disqualified, effect, 38.07, 38.08 Justice of peace court

Confession, upon, 81.11 Default action for good,;; sold, etc., 81.14, 81.15 Docketing, in circuit court, 81.21 Enforcement, 81.21 Forms See: JUSTICE OF PEACE, Ch. 81

Page 34: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

J INDEX 3266

JUDGMENTS (Cont.) Justice of peace court (Cont.)

Jurisdicition of action c·n, 37.01 Lien, 81.21 Offer to confess, 81.11 Verdict, 81.10

Juvenile court; adjudication, 39.10 Landlord and tenant

Distress proceedings, 83.18 Recovery of premises, 83.23, 83.25, 83.32, 83.34

Lien Certified transcript of; record, 28.221 Counties where rendered, 55.08 County courts, 55.09 County judge's courts, 55.09 Enforcement, 86.04-86.06 Exempt property, A10 S1 Failure to establish, 84.09 Federal courts, 55.10 Justice of peace court, 55.09 Loans of internal improvement fund, 253.32 Municipalities, on property of, 55.11 Other counties, 55.08 Recording, 55.08, 55.10

. State and federal courts, 55.10 Subrogation of sureties, 55.13

Limitations Actions after reversal, 95.06 Domestic judgments, 95.11 Foreign judgments, 95.11

Limited dividend housing companies, 424.07 Limited surety comPanies, against, · 649.15 Lost or destroyed, re-establishing, 71.10-71.12 Marginal satisfaction, 701.04 Married women

Against dower, effect, 708.08 Property of, All S2 Suit begun before marriage, 45.18

Mechanics' lien, failure to establish, 84.29 Motions in arrest

Defects for which not grantable, 54.26 Effect, 54.25 Proceedings upon, 54.27 Supersedeas, operation, 54.25 When and how made, 54.25

Name; ch;:;.:.:ging, 69.02 Non obstante veredicto, 54.27, 59.04 Notes, etc., for loans to trustees internal im-

provement fund, 253.32 Officers' accounts, upholding validity, 142.13 Open accounts; default of defendant, 50.11 Ouster, election contest, 99.211 Parties, against those served, 55.06 Partition, 66.05 Powers of attorney to confess, 55.05 Pre-need burial contracts; payment, 639.12 Prior county courts, 28.16 Probate See: PROBATE LAW Quieting title, 66.37, 66.44, 66.45 Quo warranto, effects, 80.04 Railroads killing or injuring livestock, 356.06,

356.07 Recitals, evidence, 92.07 Record, entry, 28.21 Recordation, 28.29 Recording, failure, 55.07 Re-establishment, 71.08-71.21 Referee

Appeals and writs of error, 56.05 Entry and effect, 56.04 Filing, 56.04 Notice, 56.02 Power to enter, 56.02 Reversal, 56.05

JUDGMENTS (Cont.) Reimbursement of party on reversal of judgment

for state, 215.03 Replevin

Alternate action; seizure of property after, 78.01

Defendant, for, 78.20 Plaintiff, for, 78.18 Right of possession based upon claim of lien

or special interest, 78.19 Reversal, effect on 'admissibility of recitals con-

tained, 92.09 Review by writ of error, 59.01 Rights of sureties, 55.13 Rule of court, appeal, 59.03 Sanity restoration, 62.35 Satisfaction

Acknowledgment of, 28.21 Assignor, 28.21 Board of drainage commissioners, 298.71 Effect of, 55.62 Failure to give, when due, penalty, 701.05 Payment into court, 55.62 Procedure, 55.62 Record, 28.21

School bonds, interest rate, 236.29 Scire facias; death of party to suit, 45.17 Securities act, violations, 517.19 Service by publication, 48.03, 48.07 Set-off, under plea, 52.11, 52.12 Several defendants, suit against one, 55.06 Signing, 62.16 Small claims court

Execution, 42.14 State wide effect, 42.17

State attorney; compromise, 27.12 State board of administration, payments, 344.25 State, process

Issuance, 28.11 Prior courts, 28.14, 28.15

State road department, power to pay, in emi­nent domain proceedings, 341.21

Supreme court Division, A5 S4 Effective date, A16 S6 Entry, rules, 25.03 Execution, 25.04

Surety companies, against, 625.09, 648.10 Sworn statements, curative effect, 48.03 Taxes assessed on personal property removed

from county to have effect, 193.49 Taxing districts, merger, consolidation with mu­

nicipalities, 171.15 Trial by jury; right of property levied on, 55.42,

55.43 Validation of bonds

Proceedings for, 75.09, 75.13 Recording, 75.10

Validity as to creditors, 726.01 Ward, in favor of, 744.61

JUDICIAL CIRCUITS See also: CIRCUIT COURTS, Ch. 26; CIRCUIT

JUDGES, Ch. 26; STATE ATTORNEYS, Ch. 27 Abolishment, A5 S45 Additional

Creation by legislature, A5 SS35, 45 Monroe County, A5 S51, 26.161

Assignment of judges to, A5 S8 Assistant state attorneys, number, 27.19 Change in circuit, suits not affected, 26.19 Composition of, A5 S10

Page 35: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3267 INDEX J

JUDICIAL CIRCUITS (Cont.) Counties composing

First, 26.02 Second, 26.03 Third, 26.04 Fourth, 26.05 Fifth, 26.06 Sixth, 26.07 Seventh, 26.08 Eighth, 26.09 Ninth, 26.10 Tenth, 26.11 Eleventh, 26.12 Twelfth, 26.13 Thirteenth, 26.14 Fourteenth, 26.15 Fifteenth, 26.16 Sixteenth, 26.161

Creation, A5 S8, A5 S51 Division of state, A5 SS 8, 45 Exchange, 26.43-26.47 Exchange of, temporary, A5 S8 Judges, Ch. 26 See : CIRCUIT JUDGES Legislative designation, A5 S45 Number, A5 S451 26.01 Population requrrements, A5 S45 Reapportioned, circuit judges affected by popu-

latiOn, limited, A5 SS45, 46 Special terms, 26.21 State attorney, election, 27.01 State attorney may employ stenographer, 27.25 Terms of court ·

First judicial circuit, 26.22 Second judicial circuit, 26.23 Third judicial circuit, 26.24 Fourth judicial circuit, 26.25 Fifth judicial circuit, 26.26 Sixth judicial circuit, 26.27 Seventh judicial circuit, 26.28 Eighth judicial circuit, 26.29 Ninth judicial circuit, 26.30 Tenth judicial circuit, 26.31 Eleventh judicial circuit, 26.32 Twelfth judicial circuit, 26.33 Thirteenth judicial circuit, 26.34 Fourteenth judicial circuit, 26.35 Fifteenth judicial circuit, 26.36 Sixteenth judicial circuit, 26.361

JUDICIAL COUNCIL Appointments, 43.15 Courts, study and survey of all, 43.15 Creation, 43.15 Duties and powers, 43.15 Legislation; suggestion, 43.15 Membership, 43.15 Powers and duties, 43.15 Reports, 43.15 Study and survey of all cour ts, 43.15 Terms of office, 43.15 Vacancies in office, 43.15

JUDIG::IAL DECISIONS Appropriations, 262.01(1) / 34/ See: SUPREME COURT, Ch. 25

JUDICIAL DEPARTMENT Appropriation, 282.01(1)/34/ Distribution of powers, A2

JUDICIAL NOTICE Circuits courts

Judgment orders, county courts prior to, 18.75, 28.16

Records, superior courts, territory of Florida, 28:15

Municipalities; chartersl 166.13 Parole commission, seal, 947.05 Uniform foreign law acts, 92.031

I JUDICIAL OFFICERS l See also: JUDGES. Ch. 26

I Bribery

· Accepting bribe, penalty, 838.02 Definition and penalty, 838.01

Conservators of peace, A5 S36 Coroners, acting as, fees, 936.16 Disqualification, 120.09

JUDICIAL POWERS Distribution, A2 Railroad and public utilities commissioners,

350.63, 364.28 JUDICIAL PROOF

Depositions, chancery and civil cases, in accord­ance with federal rules, 91.30

Expert witnesses Definition, 90.23, 90.231 Depositions, 90.23

Oaths, affidavits and acknowledgments Foreign cmmtries, 90.01 Other states, territories and districts of the Un~t~d States, 90.01

Requirements, 90.01 Who may take or administer, 90.01

JUDICIAL SALES See also: EXECUTION Costs deducted from pr oceeds, 192.28 License tax exemption, 205.28 . Membership in agricultural, etc., associations,

619.03 ' Misappropriation of moneys, 839.17 Sales in bulk, 726.05 Taxes paid from proceeds, 192.28

JUGGLERS Vagrants, 856.02, 856.03

.JUNIOR COLLEGES See: SCHOOLS AND SCHOOL CODE

JUNK DEALERS License taxes, 205.47 Police inspection, 205.47 Records, failure to keep, 205.47 Traveling, license taxes, 205.46

JURIES AND JURORS See: JURY

JURISDICTION See: Specific heads Continuing, until new court set up, A18 813

JURY See also: GRAND JURY, Ch. 905 Additional list, 40.02 Admonition, 918.06, 919.13 Age limitation, 40.01, 40.08 Alternate juror, challenging, etc., 54.15, 913.10 Array, challenge to, 40.02 Attendance, penalty for failure to attend, 40.27 Betterment proceedings, assessment of value of

improvements, 70.08 Box

Locking, etc., 40.06 New counties, 40.05

Bribery Accepting, 838.04 Offering or giving, 838.03

Bystanders County judges' courts, 41.06 Forcible entry and unlawful detainer, 82.09,

82.10 Challenges

Array, 40.02 Cause, 54.12, 913.05 Discharge of jurors, 913.09

Page 36: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

J INDEX 3268

JURY (Cont.) Challenges (Cont. )

Disqualifications, 40.02 Peremptory, 54.11, 54.15, 913.08, 913.10 Presence on jury list, 40.02 Prior service, 40.02 Time for, 913.04

Change of venue for impracticability of obtain­ing qualified jury, 53.05

Charge of court See: TRIAL: CRIMINAL PRO­CEDURE

Civil cases, examination by parties or attorneys, 54.13

Commissioners in certain counties Appointment, 40.09 Expenses, 40.13 Jury list, selection, etc., 40.10-40.12 Qualifications, 40.09 Salary, 40.13 Term of office, 40.09

Common counts, justice of peace court, 81.17 Compensation

Amount, 40.24, 40.25 Appropriation insufficient, 40.31 Certificates, speculation in, 839.04, 839.06 Funds, 40.31 Jurors, 932.23 Obtaining money for

Accounting and payment by clerk of court to comptroller, 40.35

Apportionment or appropriation by comp­troller, 40.31

Deficiency in amount of funds, 40.33 Disbursement of money by clerk of court,

40.32 Estimate of amount, 40.29 Payroll in triplicate, 40.34 Requisition by clerk of court, endorsement

by comptroller, 40.30 Special or local laws, A3 S20

Comptroller; accounting to, 40.31-40.35 Coroner's

Charge, 936.08, 936.20 Fees, 936.18 Number, 936.04 Oath, 936.07 Penalty

Failure to attend, 936.06 Failure to summon, 936.06

Selecting, 936.03 Summons and return, 936.05 Verdict, 936.11, 936.12 Warrant

Form, 936.19 Issuance, 936.03

Costs, view of premises, 54.16 County judges' courts

Compensation, 41.09-41.12 Counties having no county court, etc.

Completion of panel in case of challenges, etc., 41.06

Drawing Failure to draw, procedure, 41.05 Procedure, 41.03, 41.07

Impaneling, 41.06, 41.07 Jury box, 41.02 List, 41.01, 41.03 Procurement of jurors, 41.02 Qualifications, 41.01 Summons, 41.04, 41.07

Criminal cases, 937.06-937.09 Jury box, 41.02 Mileage, when paid, 41.09 Procedure where no jury has been drawn.

41.05

JURY (Cont.) Courts of record

Clerk's duty, 40.39 Defined, 40.38 Designation by judge of other judges to draw

venire, 40.37 Drawing by judges, 40.36

Criminal cases See: CRIMINAL PROCEDURE Criminal court, 40.05 · Criminal courts of record, 32.03, 32.30 Declarations, sending back, 54.22 Deficiency of jurors, 40.20, 40.42 Direction of verdict, 54.17 Disqualification, 40.01, 40.02, 40.07, 54.12 Drawing

By judges other than of a court of record, 40.37 County judges' courts, certain counties, 41.03,

41.05 Errors not affecting legality, 40.43 Jury venire, petit and grand, by judges of

courts of record, 40.36 Penalty for failure to draw, 40.28

Eminent domain proceedings Compensation, determining, A16 S29 Jurors, number, A16 S29 Males only may serve, A16 S29, 40.01

Errors and irregularities, 40.43 Examination by parties or attorneys, 54.13 Exemptions from duty

Claiming, 40.12 Dentists, 466.21 Funeral directors and embalmers, 470.27 National guardsmen, 250.50 Persons entitled, 40.08 School instructional staff, 231.05

Exhausted venire, procedure, 40.42 Expenses, view of premises, 54.16 Failure to draw, large counties, 40.28 Females may serve, 40.01 Fines for failure to appear, 40.27 Forcible entry and unlawful detainer

Assess damages, 82.12 Oath, 82.12, 82.13 Regular venire, 82.09 Special venire, 82.10

Foreman; duties, 919.01, 919.03, 919.09, 919.12 Fraud of clerk in procuring, 839.16 Garnishment, 77.08, 77.16 Grand jurors, drawing, 40.40 Grand jury See : GRAND JURY, Ch. 905 Illiteracy, 54.12 Impanelling

Criminal cases, 913.10, 932.21 Error, 40.43 Irregularity, 54.26

Impartial prosecutions, DR 11 Incompetency, 54.12 Instructions or charge See: TRIAL Justice of peace court

Compelling attendance, 81.09 Compensation, 932.24 . Criminal cases, 937.06-937.09 Demand, 81.07 Deposit for pay, 81.07 Oath, form, 81.32 Procurement, 81.08 Venire, form, 81.32

Large counties, insufficient jurors, 40.20 List

Additional, 40.02 Disqualified, 40.01 Drawing, petit and grand, by judges of courta

of record, 40.36 Large counties, 40.03

Page 37: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3269 INDEX

JURY (Cont.) List (Cent.)

New counties, 40.05 Number to be selected, 40.02 Preservation, 40.06 Record, 40.02 Selection

Certain counties, 40.03-40.05 Errors and irregularities, 40.11 Generally, 40.02 New counties, 40.05

Small counties, 40.04 Transcription, 40.06

Meals, 40.26 Mileage, 40.24, 40.25 Number, civil cases, 54.14 Number criminal cases, 913.10, 932.22, 937.06 Number: eminent domain, A16 S29 Number of jurors selected, 40.03 Oath

Criminal cases, 913.11 . Forcible entry and unlawful detamer, 82.12,

82.13 Summary proceedings to recover costs illegally

exacted, 58.06 Officer, failing to draw or summon, 40.28 Oral examination, 54.13 Penalty for failure to attend, 40.27 Petit jurors, length of service, 40.41 Petit jury, summoning, 40.23 Petit, venire, 40.22 Peremptory challenges, 54.11, 54.15, 913.08,913.10 Polling jury, 919.10, 919.12 Previous service, 54.12 Procurement, 40.05, 40.06, 40.20, 40.22, 40.23,

932.21 Prohibition proceedings, 80.11 Qualifications, 40.01, 54.12 Quieting title, 66.16, 66.17 Recall, 919.07 Recommendation of mercy in trial for rape,

effect, 794.01 Residence, 40.01 Retirement from bar, nonsuit, 54.09 Sealing, 40.05, 40.06, 41.02 Selection, method, 40.02

Certain counties, 40.03 Sheriffs' fees, 30.23 Special jurors, 932.22 . . Special or local laws for summonmg, empanellmg

and compensation, A3 S20 Special venire, forcible entry and unlawful

detainer, 82.10 Summoning

Exhausted venire, 40.42 Failure to, 40.25 Issuance of venire, 40.22 Mail, 40.23 Penalty for failure to summon, 40.02

Trial by Accused, DR 11 Assessment of damages in drainage district,

298.34 Chancery, declaratory decress, orders, etc.,

87.08 Condemnation proceedings

Abstracts of title, 703.11 Generally, 73.07, 73.10, 73.11

Criminal cases, 937.06 Dissolution

Attachment, 76.24 Garnishment, 77.08

Distress for rent, 83.18 Eminent domain, 73.10 Garnishee, claims by third persons, 77.16

JURY (Cont.) Trial by (Cont.)

Justice of peace court, 81.07 Juvenile court, A5 S50, 39.09(2) Landlord and tenant, recovery of premises,

83.24, 83.25, 83.30, 83.33 Lien, enforcement, 86.06, 86.13 Previous conviction of felony, issue, 775.11 Quieting title, 66.16 Right inviolate, DR 3 Small claims courts, 42.16

Venire, issuance, 40.22 View of premises, 54.16

Waiver Criminal causes, 912.01 Misdemeanors in county court, 34.02

Women jurors Competent to serve, 40.01 Not allowed in eminent domain proceedings,

40.01 Procedure for qualifying, 40.01 Registration of willingness to serve, 40.01

JUSTICE To be administered without sale, denial or delay,

DR 4 JUSTICE OF PEACE

Accounts stated, procedure, 81.13-81.15, 81.17-81.19, 81.22

Actions, commencement, generally, 81.01 Actions for goods sold

Appearance by defendant, 81.14 Commencement, manner, 81.12 Costs, 81.14, 81.17, 81.19 Default judgment, 81.14, 81.15 Denial, 81.15 Deposits in court

Cost of jury, 81.17 Generally, 81.15, 81.19

Evidence, 81.18 Execution, 81.22 Judgment, 81.14, 81.15, 81.19 Pleadings, 81.17 Process, 81.13 Summons, 81.13 Sworn statement, 81.12 Trial, 81.17

Appeal and error Appeal

Procedure, 61.04 Right, 61.01, 81.27 When returnable, 61.04

Appearance, action for goods sold, etc., 81.14, 81.15

Assignment of errors, 61.06 Bills of exceptions, 61.02 Certiorari, 81.28 Confessed judgment, from, 81.11 County court, 34.01, 34.17 Death, resignation, etc., of justice, 81.29 Judgment, 61.01 Procedure, 61.103 Record, 61.05 Review, manner, 61.07 Trial de novo, county court, 34.17

Appeals to Circuit court, A5 SSll, 22 County court, civil cases, A5 518

Appearance, action for goods sold, 81.14, 81.15 Arrests, power to issue process for, A5 822, 37.21 Attachment

Affidavit, form, 81.32

Page 38: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

J INDEX 3270

.JUSTICE OF PEACE (Cont.)

I

Attachment (Cont.) Bond, form, 81.32 Claim, affidavit, form, 81.32 Claim bond, form, 81.32 Issuance, 76.03 Publication of notice, 48.05

Bonds Large counties, sureties, etc., 37.11 Small counties, 37.10

Certiorari, 81.28 Circuit judges, power, 26.41 Civil proceedings, forms, 81.32 Committing magistrate, 37.03 Common counts

Appearance by defendant, 81.14 Commencement of action, 81.12 Costs, 81.19 Default judgment, 81.14 Denial, form, 81.16 Deposits in court

Cost of jury, 81.07 General)y, 81.19

Evidence, 81.18 Execution, 81.22 .Judgment, 81.14, 81.15, 81.19 .Jury, 81.17 Pleadings, 81.17 Process, 81.13 Summons, 81.13 Sworn denial, 81.15 Trial, 81.17

Compensation, legislature may prescribe, A5 81 Contempt, power to punish, 38.22 Continuance, depositions upon, 81.05 Costs and fees

Actions for goods sold, etc., 81.14, 81.15, 81.19 Amount, 81.26 Dismissal of actions, 37.02 Docket entry, 37.15 Failure to keep record, penalty, 839.12 Jury fee, 81.07 Nonattendance of jury, 81.09 Record, failure to keep, penalty, 839.12 Security, 81.26

County commissioners, inspection of office, 125.09 County court, appeal to, 34.01, 34.17 Criminal cases

Appeals to circuit court Jurisdiction, 26.53 Return of proceedings, 932.55 Supersedeas, 932.54 Time of taking, 932.53 Trial de novo, 932.56

Arraignment, 937.05 Bail, 937.04 Binding over to keep the peace, 37.21 Certification of convicted person's name to

clerk of circuit court, 28.27 Commitment of accused, 937.04, 937.11 Complaint, 937.02 Contempts, 932.03 Costs, prepayment, 939.16 Disqualification of justice, trial in case of, 37.22 Docket

Deposit, 937.18 Duty to keep, and contents, 937.18 Inspection, 937.18, 937.19 Judgment entry, 937.05 Plea of guilty, entry, 937.05 Verdict, entry, 937.09

Firies Execution on judgment, 937.12 Failure of person receiving, to pay over,

937.14

JUSTICE OF PEACE (Cont.) Criminal cases (Cont.)

Fines (Cont.) Payment, 937.13 Proceedings in failure of officer to pay over

937.14 • Time allowed for payment before being

worked as convict, 937.15 Unpaid within twenty-four hours, procedure

937.11 • Judgment

Discharge on acquittal, 937.10 Docket entry, 937.05 Execution, 937.12 Plea of guilty, 937.05

Jurisdiction, 37.01, 932.01 Certain counties, 37.24

Jury Compensation, 932.24 Failure of juror to appear, 937.17

Peace warrant and petition for, 923.04, 923.05 Plea of accused, 937.05 Procedure generally, 937.01-937.19 Process, power to issue, 932.02 Reading charge to accused, 937.05 Sentence, execution, 937.12 Trial

Adjournment, 937.03 Jury .

New, 937.07 Regulations as to, 937.08 Selecting, 937.06 Verdict, 937.09

Time, 937.03 Trial de novo in circuit court

Appearance bond, 932.55 Procedure, 932.56 Return of proceedings, 932.55 Supersedeas1 932.54 Time of takmg, 932.53

Warrants, 937.02 Witnesses

Administering oaths, 937.16 Compensation, 932.35 Disobedience to summons, 937.17 Insolvent defendants, 932.36 Number, 932.27 Recognizance where defendant bound over,

982.40 Statement as to date of meeting of grand

jury, 932.40 Subpoenas, 37.23 Summoning, 937.16

Death Appeals, etc., 81.29 Records, books, dockets, etc., transferred to

successor, 81.31 Depositions

Certificate, 91.18 Commission to take, 81.06 Continuance, 81.05 Grounds for taking, 91.16 Notice of taking, 91.17 Objections to witnesses, 91.20 Oral interrogatories, 91.17 Return, 91.19

Deposits in court, 81.15, 81.19 Disqualification, 37.22 Districts

Alteration, 37.07 Boundaries, 37.04 Constables, A5 S23 Enlargement, 37.06 Evidence, 37.05 Misdemeanors, trial in; certain counties, 37.01 Number, A5 S21, 37.04

Page 39: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3271 INDEX J

JUSTICE OF PEACE (Cont.) Docket

Duty to keep, and contents, 37.15 Transfer to successor, 81.31

Election, A5 S21 Contest, 99.192 First, A18 S10 Time, etc., 100.041

Esirays Duties re, 707.05-707.07, 707.10 Fees, 707.15 Misfeasance; penalty, 707.17

Evidence Actions for goods sold, etc., 81.18 Procurement, 81.06

Execution Actions for goods sold, etc., 81.22 Claim

Affidavit, 81.32 Bond, 81.32

Forthcoming bond, form, 81.32 Issuance, force and effect, 81.32 Judgment money, form, 81.32 Oath of jury in claim case; form, 81.32 Replevin, form, 81.32 Sales under, 81.24 Transfer to other counties, 81.23

Executive officer, 37.16 False personation, 843.08 Fees See: Costs and fees Fines and forfeitures, 142.03 Foreclosure of chattel mortgages, 81.25 Forms in civil cases ·

Attachment Affidavit, 81.32 Bond, 81.32 Claim affidavit, 81.32 Claim bond, 81.32

Garnishment, writ, 81.32 Judgment

Confession, 81.32 Execution, 81.32

Jury In claim cases, 81.32 Oath, 81.32 Venire, 81.32

Replevin Affidavit, 81.32 Bond, 81.32 Execution, 81.32 Forthcoming bond, 81.32

Summons, 81.32 Sworn denial, 81.16 Venire, 81.32 Witnesses

Oath, 81.32 Subpoena, 81.32

Garnishment Attorney's fees, payment as prerequisite to

appeal, 77.26, 77.27 Writ, form, 81.32

General laws applicable, 37.08 Goods sold, procedure in actions, 81.12, 81.19,

81.22 Hire of goods, procedure in actions, 81.12-81.19,

81.22 Inquest of dead persons, A5 S22, 37.03, 936.01 Judgment

Actions for goods sold, etc., 81.19 Confession

Appeal, 81.11 Form:, 81.32 Generally, 37.01, 81.04, 81.11 Writ of error from, 81.11

JUSTICE OF PEACE (Cont.) Judgment (Cont.)

Default, 81.14, 81.15 Docketing, in circuit court, 81.21 Form, 81.32 Jurisdiction of action, 37.01 Lien, 55.09, 81.21 Verdict, 81.10

Jurisdiction Attachment, 37.01 Bonds, action upon, 37.01 Boundaries of real estate; civil action involv-

ing, 37.02 , Contract actions, 37.01 Counties having no county court, 37.01 Counties of certain populations, 37.01 Court thirty-five miles or more from county

seat, 37.01 Criminal cases, 37.01 Criminal conversation, civil action, 37.02 Distress for rent, 37.01 False imprisonment, civil action, 37.02 Garnishment, 37.01 Goods sold, etc., 81.12 Judgment, action upon, 37.01 Libel, civil action, 37.02 Liens, enforcement, 37.01 Malicious prosecution, civil action, 37.02 Misdemeanors, 37.01 Penalties, action on, 37.01 Personal injury, 37.01 Personal property, injury, 37.01 Real property, injury, 37.01 Replevin, 37.01 Seduction, civil action, 37.02 Slander, civil action, 37.02 Title to real estate, civil action involving, 37.02

Jury Compelling attendance, 81.09 Compensation of jurors, 40.24 Criminal cases, 937.06-937.09 Demand for, 81.07 Deposit for pay, 81.07 Disqualification as juror, 40.07, 54.12 Mileage of jurors, 40.24 Oath, form, 81.32 Procurement, 81.08 Venire, form, 81.32

Laws, applicable, 37.08 Liens, enforcement, 81.25 . Mandate from appellate court, 61.07 Marriage; performing ceremony for white person

with colored person; penalty, 741.16 Misdemeanors; certain counties; jurisdiction,

37.01 Money lent, etc., procedure in actions, 81.12-

81.19, 81.22 Mortgages, foreclosure, 81.25 New trial, 81.20 Nuisances, abatement and removal, 823.01 Oath

Administering, 90.01 Taking, 37.09

Peace, binding over to keep, 37.21 Pleading and practice

Goods sold, action, 81.12-81.19, 81.22 Rules governing, 37.08, 81.01 Sworn statement and denial in actions for

goods sold, etc., 81.17 Proces·s

Execution by sheriff, 30.15 Power to issue, etc., A5 822, 37.03 Service, 47.12, 47.13

By individual, 37.16 Generally, 47.12

Page 40: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

J INDEX 3272

JUSTICE OF PEACE (Cont.) Records; falsifying, 839.13 Refusal to obey, 843.07 Removal

Appeal, 81.29 Conviction of crime as grounds, 81.30 Proceedings upon, 81.31 Transfer of papers to successor, 81.31

Replevin Affidavit, form, 81.32 Bond, form, 81.32 Execution, 81.32 Forms, 81.32 Separation of articles to give jurisdiction, 78.03 Urgency, cases of, 78.04

Resignation, proceedings upon, 81.31 Riotous assembly, dispersing, 870.04 Rule days, 47.03, 81.01 Seal, 37.12 Search warrants

Issuance, 933.01 Trade-marked bottles, etc., 506.03

Small claims court; to substitute for judge, 42.09 Stud horses and asses running at large; duties

re, 707.22, 707.23 Summons

Actions for goods sold, 81.13 Commencement of su:ts, 81.01 Form, 81.32 Return of proof of service, 81.03 Service, 81.02 Terms of court

Designation of day, 37.13 Notice of trial day, 37.14

Suspension from office, 142.03, 932.40 Term of office, A5 S21, 100.041 Transfer of papers to successor, 81.31 Trial, manner, 81.07 Venire, form, 81.32 Verdict, 81.10 Witnesses

Compensation Manner of obtaining, 90.15 Right to, and amount, 90.14

Fine for nonattendance, 81.06 Oath, form, 81.32 Residence, 90.11 Subpoenas

Form, 81.32 Issuance, 81.06

Work and material, procedure in actions, 81.12-81.19, 81.22

JUSTICES See: SUPREME COURT, Ch. 25

JUSTIFIABLE HOMICIDE See: HOMICIDE, Ch. 782 Definition, 782.02

JUVENILE COURTS Abolishment; effect, 39.01(1) Adjudication

Civil rights not affected, 39.10(3) Discharge of child, 39.10(1) Effect of finding that child is dependent or

delinquent, 39.10(3) Form of order, 39.10(2)

Adoption of child See also: Children under ADOPTION Child placing agent party to proceedings in­

stituted subsequent to adoption, 39.12.(5) Habeas corpus by parent; effect, 39.11(5) Notice of placing child in detention home for

39.11(3) '

JUVENILE COURTS (Cont.) Adoption of child (Cont.)

Parent defined as adoption parent, 39.01(8) Permanent order; effect, 39.11(5) Whereabouts of child subsequent to, not to be

divulged in any proceedings, 39.11(5) Adult; definition, 39.01(7) Age of child

Age limit of jurisdiction, 39.02(5) Capital cases

Retransfer to juvenile court from criminal court, 39.02(6)

Transfer to other courts, 39.02(6) Child defined, 39.01(6) Felony; transfer of certain causes to other

courts, 39.02(6) Transfer of certain causes to other courts,

39.02(3) Answer to petition not required, 39.07 Appeals

Action on receipt of order of circuit court, 39.14(11)

Appropriation for expense of, 39.18(1) Briefs and papers other than record need not

be filed, 39.14(8) Certified copy of order and record returned to

juvenile court, 39.14(10) Certiorari; attorney general to represent state

and court, 39.14(12) Circuit court, to, 39.14 Detention of child pending, 39.03(7) Evidence; no new may be presented, 39.14(4) Limitation of time · of arguments; decisions,

39.14(8) Matters for consideration limited, 39.14(7) Notice; fees, 39.14(2) Notice to state attorney, 39.14(5) Orders made as committing magistrate ex­

cluded, 39.14(1) Papers and certified copy order returned to

juvenile court 39.14(10) Parent or legal custodian of child, 39.14(1) Permanent order of commitment suspended

pending, 39.14(6) Procedure, 39.14(8) Record and decisior- to remain sealed, 39.14(9) State attorney; duties, 39.14(5) Style of case by number and initials of child,

39.14(9) Supersedeas; not to operate as, 39.14(6) Transmittal of record and evidence, 39.14(3)

Appropriation Exclusive of certain expenses, 39.18(8) Funds from which taken, 39.18(1) Taxes for; assessed from October 1, 1951,

39.18(9) Attorney general; certiorari proceedings; duties,

39.14(12) Authorizing legislature to establish, A5 S50 Broward county juvenile court; jurisdiction,

39.02(7) Capital offenses

Retransfer to juvenile court from criminal court, 39.02(6)

Transfer to other courts, 39.02(6) Certificate of absence of parent or guardian,

39.06(5) Certiorari proceedings, 39.14(12) Child; definition, 39.01 (6) Child placing agency

Adoption of child; party to proceedings insti­tuted subsequent to, 39.11(5)

Definition, 39.01(14)

Page 41: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3273 INDEX J

JUVENILE COURTS (Cont.) Child placing agency (Cont.)

Permanent order of commitment; effect of, 39.11(5)

Property of child ; not subject to guardianship of, 39.11(5)

Circuit court Appeals to, 39.14(1) Docket of appeals; maintenance, 39.14(9) Process, warrants, etc., of juvenile court to

have same effect as that of, 39.06(7) Civil service application of formerly adjudicated

child, 39.10(3) Clerk of juvenile court; counselor to act as,

39.17(1) Commitment

Child placing agency, 39.11(1)d Detention home, 39.11(1)d Industrial school, 39.11(1)b Order of; modification or setting aside, 39.11(2) PermanEnt, when, 39.11(1)d Process for ; service, 39.06(8) Supervision of counselor, when to custodian,

39.11(1)a Commiting magistrate

Juvenile judge as, 39.02(4) Witness fees, 39.19

Compensation of judge and counselor, 39.18 Compulsory school attendance law; jurisdiction

232.19 • Contempts; power to punish for, 39.12(3), 39.13 Counselor

Appointment, 39.16(2) Assistants

Appointment, 39.16(2) Deputy clerk of juvenile court, 39.17(2) Deputy sheriff appointment as, 39.17(4) Discharge, 39.16(4) Duties, 39.16(2) Qualifications, 39.16(1) Salary, 39.16(9)

Certificate of absence of custodian or guardian 39.06(5) •

Clerk of juvenile court, 39.17(1) Definition, 39.01(4) D~put:y sheriff, appointment as, 39.17(4) Directwn of work of court, 39.17(1) Discharge, 39.16(4) Duties prescribed by judge, 39.17(1) Employees of court, selection, title number

39.16(5),(9) ' , Investigation of dependency or delinquency of

child, 39.04 Oaths; authorized to administer 39.12(1) Petition may be filed by, 39.05(i) Probation officers to serve as, for balance of

term, 39.16(8) Qualifications, 39.16(1) Salary, 39.18(2) Service of pr?cess, orders, etc., by, 39.06(8) Summons, witness subpoena or notice to ap-

pear may be signed by, 39.12(5) County board of visitors

Appointment by judge, 416.07 Detention home; appointment of matron and

superintendent, 416.06 Duties ; compensation, 416.08 Term of office of members, 416.07

County children's committee; definition, 39.01(15) County civil service law; juvenile court em­

ployees subject to, 39.16(6)

JUVENILE COURTS (Cont.) County fine and forfeiture fund

Expense of transportation of child to industrial school paid from, 39.06(9)

Service of process, cost paid from, 39.06(9) County judge as judge of, 39.01(1)

Salary, limitation, 39.18(5),(7) Court of record, 39.12(1) Criminal court ; retransfer of child brought be­

~ore upon. failure to bring charges, 39.02(6) Cnppled children; surgical treatment; examina-

tion as to financial condition of parent, 231.07 Custody of child, 39.03(2) Dade county juvenile court; jurisdiction, 39.02(7) Decree See: Adjudication, 39.10 Definitions, 39.01 (1) Dependent and delinquent children

See also : INFANTS , Causin_g child to become; penalty, 828.21 Commitment

Care of custodian or parent, 39.11(1)a Child placing home, 39.11(4) Detention home, 39.11(1) Industrial school, 39.11 (3) Licensed child placing agency 39.11(1)c

Contributing to delinquency, pen~lty, 828.19 Custody or control, interfering with · penalty

828.20 ' • Defined, 39.01(10),(11) Disi?osition upon adjudication as such, 39.11(1) Notice of commitment to home for adoption

39.11(3) • Detention home

Commitment to, 39.11(1) Definition, 39.01 (19) Establishment, 416.01 Superintendent and matron; appointment; ap­

proval, 416.06 Tax for support of, 416.06

District of Columbia, jurisdiction of juvenile of­fend ers against laws of, 39.02(3)

Employees Duties, 39.17(3) Employed by counselor or judge, 39.16(5) Number, 36.15(9) Salary, 39.18(2)

Establishment, authority, A5 S50 Estate or property of child committed to agency

39.11(5) ' Evidence App~als, no new to be presented on, 39.14(4) Equ_Ity rules applicable, 39.09(2) · PerJury, records of court admissible in trial

for, 39.12(6) Re~ords inadmissible in other courts; excep-

tions, 39.12(6) . Federal law; jurisdiction of juvenile offenders

39.02(3) • Fees

Appeals, 39.14(2),(3) Com~itting magistrate, 39.19 Service of process or papers, 39.06(9) Tr.ansportation to industrial school, 39.06(9) Witness; court; exceptions, 39.19(1)

Felony; transfer of cause to other court, 39.02(6) Florida Bar

Definition, 39.01 (17) Ju_dge to. be n;ember; exception, 39.15(1)

Flor~da ch~ldren s C<_>mmission; duties, 417.03 Flonda cnppled children's commission; certifi­

cate for medical treatment of child . 391.07 Funds '

Appropriation for juvenile court fund, 39.1~(1)

Page 42: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

J INDEX 3274

JUVENILE COURTS (Cont.) Funds (Cont.)

Cost of service of papers; payable from cer­tain, 39.06(9)

Salaries payable from juv-enile court fund, 39.18(2)

Governor; appointment of judge, 39.15(4) Guardian ad litem; appointment in absence of

parent, 39.06(5) Habeas corpus; detention of child, 39.03(7) Hearings

Adjudication, 39.10 Conduct of, 39.09(2) Delays granted, when, 39.09(1) Evidence, 39.09(2) Person permitted to attend, 39.09(2) Time, 39.09(1)

Identification of juvenile detainees in records, 39.03(4)

Industrial schools Commitment to

Certified copy of charge attached, 958.02 Form, 958.01

Definition, 39.01(18) Release; by whom, procedure, 39.11(3) Transportation of child to; expense, 39.06(9)

Investigation of delinquency or dependency, 39,04

Jails Juvenile detainee not to be confined in; ex­

ceptions, 39.03(4) Juvenile detainee; separate maintenance,

39.03(5) Judge

Absence or inability to act; county or circuit judge to substitute, 39.15(6)

Adjudications; orders; contents, 39.09(3) Appointment of counselor, 39.16(2) Certificate of absence of parent or guardian,

39.06(5) Committing magistrate, 39.02(4) Contributing to delinquency of minor; dis-

cretion as to penalty, 828.19 County board of visitors; appointment, 416.07 Defined, 39.01(3) Discretion to transfer certain cases to other

courts, 39.02(6) Election; terms, 39.15(2) Employees; salaries; approved by, 39.16(4),(9) Guardian ad litem; appointment, 39.16(5) Jail; child not to be committed to; exceptions,

39.03(4) Jurisdiction; order terminating, 39.11(6) Jury, trial by, A5 S50, 39.09(2) Medical, psychiatric and psychological exami­

nation, 39.08 Member, committee furnishing information to

children's commission, 417.03 Monthly report to county commissioners of

detentions, 39.03(4) Oaths, authorized to administer, 39.12(1) Orders

Custody of child subject to; exceptions, 39.03(1)

Signed by, 39.12(5) Parole powers, 416.03 Present judges; terms, 39.15(3) Process, orders, etc.; to be served as directed

by, 39.06(8) Qualifications, 39.15(1),(2) Retransfer of jurisdiction in certain cases,

39.02(6)

JUVENILE COURTS (Cont.) Judge (Cont.)

Rules and regulations of merit board subject to approval of, 39.16(5)

Salary, 39.18(2),(7) Service of process; order of custody, when,

39.06(3) Special order required for detention of a child

in excess of 2 days, 39.03(7) Taking into custody; place of confinement,

39.03(3),(4) Term of office, 39.15(2},(3) Transfer of jurisdiction, certain cases, 39.02(6) Vacancy in office, 39.15(4),(5)

Judge and officers ; information obtained as such privileged, 39.12(4)

Jurisdiction, 39.02(1) Age limit, 39.02(5) Broward county, 39.02(7) Cessation, over person of child; when, 39.11(5) County judge's court where no separate juve-

nile court established, 39.01(1) Dade county, 39.02(7) Dependent and delinquent child; to maintain

after commitment, 39.11(3) Domestic relations certain counties, 39.02(7) Effective, when, 39.06(6) Judge, 39.02(4) Pinellas county, 39.02(7) Polk county, 39.02(7) Retransfer of juvenile court from criminal

court, 39.02(6) Schools; compulsory attendance law, 232.19(1) Termination, order, entry, 39.11(6) Transfer of certain causes to and from other

courts, 39.02(3),(6) Waiver, 39.02(6)

Juvenile court fund Cost of service of notice by publication,

39.11(4)b Cost of service of process or other papers by

sheriff or constable not payable from, 39.06(9)

Definition, 39.01(20) Salaries of assistant counselor and employees

paid from, 39.18(3) Salaries of judge and counselor paid from, .

39.18(2) Juvenile court merit board

Civil service law; board not to function in counties having, 39.16(6)

Counselor Section, list for, furnished by, 39.16(2) Written application; examination, 39.16(3)

Definition, 39.01(16) Expenses, 39.16(3) Rules and regulations, 39.16(4)

Legal custodian Definition, 39.01 (9) Dependent and delinquent child ; notice of

commitment, 39.11(4) Legislative intent, 39.20 Liberal construction of chapter, 39.20 Licensed child caring institution; definition,

39.01(12) Licensed child placing agency; definition,

39.01(14) Maintenance of juvenile detainees in jail, 39.05(3) Medical, psychiatric and psychological examina­

tion, 39.08 Misdemeanor; parent; violation school attend­

ance law, 232.19

Page 43: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3275 INDEX J

JUVENILE COURTS (Cont.) Notice

Commitment of dependent and delinquent child; service, 39.11(3),(4)

Publication; of placing child in detention horne for adoption, 39.11(3)

Waiver, 39.11(4) Oaths and affirmations; administered by judge,

counselor ·and assistant counselor, 39.12(1) Office rent; exclusive of appropriation, 39.18(8) Orders

Committing child to jail; limitations, 39.03(4) Custody of child subject to; exceptions, 39.03(1) Effective throughout state, 39.06(7) Penalty for r efusal to obey, 828.20 Signed by judge, 39.12(5)

Parent Custody of child after detention, 39.03(2) Definition, 39.01 (8) Notice of commitment and detentio"l of child,

39.11(3) Presence at proceedings, 39.06(5) Service of process upon, 39.06(2) Violation compulsory school attendance law;

penalty, 232.19 Parental homes; expenses exclusive of appropri­

ation, 39.18(8) Parole; judge may grant, 416.03 Petition

Counselor; when to file, 39.04 Filing, 39.05 Form and contents, 39.05 Sufficiency, 39.05

Pinellas county juvenile court; jurisdiction, 39.02(7)

Pleadings; no answer required to petition, 39.07 Polk county juvenile court; jurisdiction, 39.02(7) Population of county; compensation of judge

limited by, 39.18 Probation officers; serve as counselors for re­

mainder of term, 39.16(8) Procedure for determining delinquency and

dependency of child Adjudication; powers as to disposition of

child, 39.11 Answer to petition unnecessary, 3Y.U7 Fees, 39.06(9) Hearings; when and how conducted, 39.09 Jurisdiction; when attaches, 39.06(6) Medical or mental examination or treatment

of child, 39.08 Petition

Contents, 39.05( 4) Signature and affidavit, 39.05(2) Style of petition, 39.05(3) Who may file, 39.05(1)

Presence of parent or legal custodians at hear­ing, 39.06(5)

Process and service Investigation prior to issuance, 39.06(2) Person by whom issued and to whom ad-

dressed, 39.06(2) Personal appearance obviates neceessity, 39.06(1) To run throughout state, 39.06(8) When child to be taken into custody, 39.06(3)

Search and inquiry for parents or guardian 39.06(5) '

Witnesses; subpoena, 39.06(4) Proceedings

Against child brought in; exception, 39.02(2) Privileged, 39.12( 4)

JUVENILE COURTS (Cont.) Process and service

Custody, when taken, 39.06(3) Effective throughout state, 39.06(7) Evasion by parent; guardian ::~d litem, 39.06(5) Form and contents of process, 39.06(2) Issued by judgP or C'Ounselor, 39.06(2) Person to be served. 39.06(2) Personal app<'!arance obviates necessity,

39.06(1) Summons; contents, 39.06(2) Who makes, 39.06(8) Witnesses, 39.06( 4)

Purpose of act, 39.20 Records

Appeals, 39.12(6)d Destruction, 39.12(2) Inadmissible as evidence in other courts; ex­

ception, 39.12(6) Inspection only by order of judge; exceptions,

39.12(3) Maintenance, 39.12(2) Not open to public, 39.12(3) Orders binding adult over on criminal charges,

39.12(6)c Orders permanently depriving parents of cus­

tody of child, 39.12(6)a Orders transferring child for trial to another

court, 39.12(6)b Perjury; admissible as evidence in trial for,

39.12(6)e Violations of law regulating; punishment for

contempts, 39.12(3) · Retirement of judge and other personnel; county

and state officers . retirement law applicable, 39.16(6)

Retransfer to; from criminal court, 39.02(6) Salaries

Compensation limited to, 39.18(4) Effective date of new salary of judge and

counselor after new census, 39.18(6) Judges', not to exceed that of circuit judge,

39.18C7) , Juvenile court fund; payable from, 39.18(3) Special legislative act not to decrease, 39.18(10)

Schools Attendance, 232.26 Compulsory attendance law jurisdiction,

232.19(1) Evidence of non-attendance, 232.19(4) Penalty for violations, 232.19(6)

Seal; furnished by county commissioners, 39.12(1)

Separate juvenile court defined, 39.02(2) Sheriffs' fees; exclusive of appropriation, 39.18(8) State attorney to represent state and juvenile

court on appeals, 39.14 State department of public welfare; cooperation

with, 409.03 Style of cases by number and initials, 39.14(9) Summons

Counselor or assistant may sign, 39.12(5) Effective throughout state, 39.06(7)

Supreme court; certiorari, 39.14(12) Taking info custody

Custody, 39.03(2) Limitation of time of detention, 39.03(7) Not to be termed arrest, 39.03(6) Notice; hearing, 409.03 Notification of parents, 39.03(3) Photographs and fingerprinting prohibited;

exceptions, 39.03(6)

Page 44: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

J INDEX 3276

JUVENILE COURTS (Cont.) Taking into custody (Cont.)

Place of delivery of child, 39.03(3) Records and files not public, 39.03(6) Release to parents, 39.03(2) Subject to order of judge, 39.03(1) Written report by officer, 39.03(2)

'Taxation for limited, 39.18(1),(9) Transfer of causes from other courts, 39.02(3) Transfer of felony cases from, 39.02(6) Transportation to industrial school, expense,

39.06(9) Travel expenses; limitation, 39.18(4) Truancy; habitual cases, 232.19(3) Vacancy in office of judge, 39.15(4) Violation of law defined, 39.01(12)

JUVENILE COURTS (Cont.) Warrant; effective throughout state, 39.06(7) Witnesses

Fees, 39.19 Subpoena, 39.06(4) Subpoena may be signed by counselor or as­

sistant, 39.12(5)

JUVENILE OFFENDERS Establishment of house of refuge for, A13, S2

JUVENILES, DEPENDENT OR DELINQUENT See: JUVENILE COURT, Ch. 39; WELFARE,

Ch. 409; FLORIDA INDUSTRIAL SCHOOL _ FOR BOYS, Ch. 955; FLORIDA INDUSTRIAL

SCHOOL FOR GIRLS, Ch. 958

Page 45: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

K KENO

Gambling, 849.08 Tables, gambling on, 849.04

KEROSENE See: GASOLINE AND OIL INSPECTION Carriers transporting, reJ)orts to comptroller,

207.13, 207.14 Definition, 207.01 Excise tax on stored motor fuels; exemption,

208.23 KEY WEST, CITY OF

Monroe county, merger with, A8 S10 Pilots for port, 310.03

KIDNAPING Combination against citizens, 779.04 Definition, 805.01 Jurisdiction and venue, 932.14 Killing of human being in perpetration, 782.04 Penalty, 805.01 Ransom, definition and penalty, 805.02 Witnesses, 902.15, 902.16, 902.17

KIN See: Descent and distribution under PROBATE

LAW Heirs see: PROBATE LAW

KINDERGARTENS See: SCHOOLS AND SCHOOL CODE

KINE Seeds; defined, 578.011

KITCHENS Hotels, etc.; screens, 511.42

KNIGHTS OF HONOR Exemption from insurance laws, 626.22

KNIGHTS OF PYTHIAS Exemption from insurance laws, 626.22 Fraternal benefit society law, exemption froJr ..

637.59 KNIVES OR DIRKS

See: WEAPONS AND FIREARMS, Ch. 790 Appropriation, maintenance, 282.01(1)/53c/

KNOTT BUILDING Appropriation, maintenance, 282.01(1) / 53c/

KNUCKLES See : WEAPONS AND FIRE ARMS, Ch. 790

KU KLUX KLAN Regulating wearing of hoods and certain <·c· ·'

876.11-876.21

Page 46: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

L LABELS

Advertisements; structure and sign, 479.09 Alcoholic beverages

Registration, 561.091 Regulation, 561.09

Beverage food drink, 500.11 Citrus fruits See: CITRUS FRUITS, Ch. 601 Commercial feeds, 580.03, 580.16, 580.18 Cosmetics, 500.05, 500.24 Counterfeiting, 506.06, 506.09, 506.10, 831.03 Definition, 500.03 Drugs and devices, 500.05, 500.24 Eggs; requirements, 583.02, 583.08 Fertilizers; requirements, 576.04 Florida food, drug and cosmetic law, 500.04 Food, 500.05, 500.24 Forgery, 831.03 Frozen milk products, 503.07 Geological specimens, 370.04(4) Honey inspection and certification law, 586.05 Liquid fuels, sale; requirements, 526.01 Lye, 500.30 Margarine, 502.09 Milk and milk products, 502.03, 502.04, 502.09,

502.10 Morphine, 859.03 Narcotics, 398.11, 398.19 Penalty for wrongful use or display, 506.11 Poisons, Q00.30, 5'00.32, 859.04 Presumptive evidence of use, 506.02 Procuring filing by fraudulent representations,

506.12 Registered; bottles, boxes, etc.; unlawful use,

506.05 Rosin, 523.02 Secretary of state; recording with, 506.11 Seeds, sale: registration

Improper labeling, 578.13 Label requirements

Containers, 578.09 Exemptions from operation of law, 578.10 Failure to comply, 578.13 Generally, 578.09 Unlawful to deface or use a second time,

578.11 Labeling, 578.011

Syrup; showing name of manufacturer, 865.07 Toilet preparations; showing name of manufac-

turer, 500.29 Trade marks and trade names, 506.01-506.13 Turpentine, 523.02, 523.03 Using or displaying, unlawfully; penalty, 506.10,

506.11 . Vending goods with counterfeit labels, 831.05 Wood turpentine, 523.02, 523.03

LABOR Agents doing business without licenses, 205.39 Agents, emigrant or labor, licenses, 205.39 Apprentices See: APPRENTICES, Ch. 446 Arbitration law, public utility, 453.01-453.18 Blacklisting employees, 351.20-351.23 Child employment See: Employment under IN-

FANTS, Ch. 450 Collective bargaining, DR 12 Combination against workmen, 833.02 Discharge

Agents, responsibility of company for actions, 351.21, 351.24

LABOR (Cont.) Discharge (Cont.)

Attempting to prevent employment, 351.20, 351.24

Blacklisting, 351.20, 351.24 Companies affected by law, 351.24 Compelling trade with particular merchant,

448.03, 448.04 Duties of persons, employees and corporations

351.22, 351.24 ' Statement of cause, 351.20, 351.22-351.24

Disp.utes, notice by employment agencies to ap-plicants for employment, 449.07

Embezzlement by employees 812.04 Employer influencing votes of employees, 104.081

Employment bonds of common carrier employee~~ Designation of surety company unlawful,

452.01 ' Foreign corporation as surety, 452.02 Requisites, 452;03 Violation of law, 452.04, 452.05

Exc1:1sable homicide in correcting servant, 782.03 Fellmg trees across fence; penalty, 821.17 Fellow servants, 768.07, 769.01-769.03 Firemen's hours, maximum, 167.631 FloridB; sabotage prevention law, effect, 779.16 Gamblmg house employees, 849.01, 849.02 Hotel employees; diseases, 511.34, 511.42 Hours of daily labor, extra pay, 448.01 Injuries to employees

Assumed risk, 769.04 Comparative negligence, 769.03 Contracts limiting liability, 768.07 768.08,

769.06 ' Contributory negligence, 769.03 Corpora~ions having re~ief department, 768.08 ExemptiOn of damages recovered by garnish-

ment, 769.05 Fellow servants; negligence, 768.07, 769.01-

769.03 Justifiable homicide in defense of master or

servant, 782.02 Kidnaped persons, 805.01, 932.14 Labor law, violation, 447.09, 447.14 Liens See: LIENS, Ch. 84-86 Marr!e.d women's property, liability, All S2 Mumc1pal trade codes; adoption by reference

165.191 ' Obtaining property by fraudulent promise sea-

men or sponge fishermen, 817.08 ' Opium den employees, 846.03 Payment for, with checks, coupons or other de·

vices • Liability, 532.01 Payable to bearer, 532.02 Suit to recover face value, 532.03

Real property not exempt from sale for debt for MOID '

Recruiting for use in foreign state, license 205.39 Right to work, unions and membership, 'DR 12 Seats for employees, 448.05 State convicts See: CONVICTS, Ch. 952 Sunday employment, 855.03 Unions See: LABOR UNIONS, Ch. 447, 448 Vagrants, 856.02, 856.03 Wage rates, state construction, 215.19

3278

Page 47: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3279 INDEX L

LABOR (Cont.) Wages

Assignment to secure loans, 516.17 Limitation, 519.11 Validity, 519.11

Deceased employee Not subject to administration, 222.16 Paid to whom, 222.15, 222.16

Married women, 708.06 Workmen's compensation See: WORKMEN'S

COMPENSATION, Ch. 440 LABOR CAMP

Trespass after warning, 821.01 LABOR DAY

Legal holiday, 683.01, 683.02 LABOR LIENS

See: LIENS; also Mechanics lien law under LIENS

LABOR UNIONS Actions by or against, 447.11 Armed forces, rights of members, 447.08 Attorney general, duties, 447.10 Business agents

Defined, 447.02 License, application, fee, etc., 447.04 Name and address, 447.06 Qualifications, disqualifications, 447.04

Coercing, intimidating employees, 447.09 Collective bargaining right, 447.03 Crimes, 447.09 Definitions, 447.02 Elections, secret ballot required, interfering with,

447.09 Executions, enforcement, 447.11 Federal regulations, effect, 447.15 Fees

Disposition, 447.12 Initiation, 447.05 License, 447.04, 447.06 Members in armed forces, 447.08

Fines, penalties, 447.14 Franchise, rights, etc., of members, 447.09 General fund, fees paid into, 447.12 General laws applicable, 617.14 Grievances, right of members to present, 447.09 Incorporation

Answer to petition for charter, 617.14 Contents of proposed charter, 617.14 Filing of proposed charter, 617.14 Intervention to oppose incorporation, 617.14 Jurisdiction of circuit judge, 617.14 Notice of intent to file proposed charter, 617.14 Number of incorporators, 617.14 Oath of subscribers to proposed charter, 617.14 Petition accompanying proposed charter, 617.14

Initiation fees, amount, 447.05 Judgments, enforcement, 447.11 Labels, trade marks, etc., 506.06-506.09 License, business agent, 447.03 Members, rights, franchises, etc., 447.09 Offenses, 447.09 Parties, process, service, etc., 447.11 Picketing, 447.09 Property, unlawful to seize, 447.09 Railway labor organizations; exemptions, 447.15 Records, accounts

Contents, inspection, rights of members, etc., 447.07

Required of all labor unions, itemized entries, etc., 447.07

Registration, report, etc., 447.06

LABOR UNIONS (Cont.) Rights of members

Generally, 447.09 Right to work; policy of state, 447.01 Self-organization, 447.03 Serving in armed forces, 447.08 Strikes, 447.13

Soliciting members without authority, 447.09 State policy, 447.01 Strikes, 447.09 Work stoppages, 447.09

LAB ORA TORIES Seed analysis; commissioner of agriculture to

maintain, 578.11 Soil analysis, creation, 19.08

LABORERS See : LABOR; LABOR UNIONS, Ch. 447, 448

LAFAYETTE COUNTY Boundaries, 7.34 Circuit court terms, 26.24 Congressional districts, eighth, 8.01 Judicial circuit, 26.04 Representatives in legislature, number, 10.03 Senatorial district, 10.01

LAKE COUNTY Boundaries, 7.35 Circuit court terms, 26.26 Congressional district, fifth, 8.01 Judicial circuit, 26.06 Lands under control of game and fresh water

fish commission, exchange, 372.022 Representatives in legislature; number, 10.03 Senatorial district, 1'0.01

LAKES See also: Specific heads Bottoms, ownership and control, 370.03(1) Drainage of, 298.74 Fishing, public rights, 370.10(1) Grants of submerged or filled-in lands to riparian

proprietors, effect, 271.06 Health, deposit of deleterious substance, 387.08 Riparian rights, defined; assessment of riparian

lands, 192.61 Submerged land, private ownership of certain;

tax liability, 192.61 Water hyacinths, placing, penalty, 861.04

LAMBS Butchered, inspection, 817.27 Killing, by dogs

Defense, 767.03 Owner allowing dogs to run at large, 828.10 Responsibility of owning dog, 767.01

Larceny, penalty, 811.13 Municipal regulations, 168.09

LAMPS Removing, breaking, etc., 822.11 Vehicles, 317.56

LAND See: PUBLIC LANDS, Ch. 270; REAL ESTATE

AND REAL PROPERTY; EROSION PRE­VENTION DISTRICTS

Commissioner of land and immigration, A18 88 Condemnation See: EMINENT DOMAIN, Ch.

73, 74 Definition, 192.02 Drainage, private property, compensation, A16

828 Married women See: Separate property under

MARRIED WOMEN, Ch. 708 Posted, removing notices, 821.071 Posting requirements, 588.09 Public See: PUBLIC LANDS, Ch. 270

Page 48: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

L INDEX 3280

LAND (Cont.) Purchase by commissioners of state institutions,

authority, 954.15, 954.16 Remedy for injury to, DR 4 Restraint on alienation See: CONVEYANCES Restraint on alienation , con trary to public pol-

icy, 689.18 Surveying, illegal practice, etc., 472.13

LAND GRANTS See : RAILROADS AND COMMON CARRIERS

LAND OFFICE Establishment, records, etc., 19.13, 19.21 Receipts of receiver as evidence of title, 92.15

LAND SURVEYORS See : SURVEYORS, Ch. 472

LAND SURVEYS See : Florida Statutes, Vol. Ill, "Helpful and

Useful Matter", page 228 . Guide m eridian and base parallel, 258.08

LANDING FIELDS See: AIRPORTS AND LANDING FIELDS, Ch.

332

LANDLORD AND TENANT See: FORCIBLE ENTRY AND UNLAWFUL

DETAINER, Ch. 82; LEASE Action for use and occupation, right, 83.07 Actions for rent, 83.07 Advertising for sale under distress proceedings,

83.19 Costs, execution, 83.26 Distress for r ent See: Liens for rent Embezzlement by lessee ; penalty, 812.03 Gambling; renting house for, 849.03 Holdittg over by lessee after expiration of lease;

penalty, 821.31 House of ill fame ; expiration of lease upon con­

viction of lessee, 796.02 Housing projects See: HOUSING AUTHOR·

ITIES, Ch. 421 Lessee holding over after expiration of lease,

821.31 Liens for advances; priorities, 83.10, 85.22 Liens for rent

Agricultural products, 83.08 Distress proceedings, enforcement

Affidavit for warrant, 83.11 Claims by third persons, 83.15 Default, 83.17 Direction and form of warrant, 83.12 Judgment, 83.17, 83.18 Justice of peace court; juri~diction, 37.01 Levy of warrant, 83.13 Replevy by defendant, 83.14 Sale of property distrained, 83.19 Setoff, 83.16 Trial, 83.18 Verdict, 83.18 Warrant, 83.12 Writ of error, 83.18

Exemptions, 83.09 Other property, 83.08 Priorities, 83.08 Proper-ty where found, 83.08 Small claims court

Filing fEe, 42 .11 Jurisdiction, 42.11

Mechanics' liens; liability of lessor for lessee's contract, 84.02

Opium den; renting building for, 846.04 Recovery of money from tenant, 83.06-83.12,

83.14-83.19

LANDLORD AND TENANT (Cont.) Recovery of possession from tenant

Attachment; levy of writ, 76.14 Cause for removal of tenant, 83.20 Costs and fees, 83.37 County courts

Affidavits, 83.30 Continuance, 83.32 Default, 83.32 Hearing, 83.32 Jurisdiction, 34.01 Jury

Deposit of fees, 83.31 Fees, 83.33 Qualification, 83.33 Right, 83.31 Summoning, 83.33

New trial, 83.34 P etition, 83.28 Setting down case for trial, 83.33 Summons

Issuance, 83.29 Motion to quash, 83.30

Traverse, 83.30 Trial by jury, 83.30-83.33

County judges' courts Appeals, 83.27 Costs and fees, 83.26 Judgment

After trial, 83.25 Peremptory, 83.23

Jurisdiction, 36.01 Jury trial, 83.24, 83.25 Petition, 83.21 Process, 83.22 Summons, 83.22 Trial, 83.24 Verdict, 83.25 Warrant for removal of tenant, 83.23, 83.25

Judgment · After trial, 83.34, 83.37 Default, 83.32

Notice to pay rent or surrender possession, 83.20

Retrial; time, 83.34 Right of entry upon default in rent, 83.05 Warrant for possession

Execution, 83.36 Issuance, 83.35

Writ of error, 83.38 Removal of tenant, 83.22, 83.29 Rent

Declaration ; form, 51.02 Demandable upon refusal of tenant to deliver

possession, 83.06 Interest upon, 83.06

Sales tax See : SALES TAX, Ch. 212 Tenancy at sufferance, 83.04 Tenancy at will

Duration, 83.01 Notice to terminate, 83.03 Tenancy at sufferance; becoming, 83.04 Written leases ; determination, 83.02

Tenants Embezzlement; penalty, 812.03 Refusal of possession at end of term, 821.31

Tourist camp; laws applicable, 85.28 Use and occupation; action, 83.07

LANDMARKS See: Florida Statutes, Vol. III, "Helpful and

Useful Matters", page 228 Guide meridian and base parallel for Florida

land surveys designated, 258.08 Injury; penalty, 822.11, 822.12

Page 49: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

3281 INDEX L

LARCENY Accessories, 811.10 Animals, 811.09-811.26 Automobiles, 811.20 Ballot boxes, 104.22

Bank note paper or blanks Definition and penalty, 811.05 Illegal retention; penalty, 811.06

Beasts; penalty, 811.09 Birds, penalty, 811.09 Burning buildings, 811.03 Buying. concealing or receiving stolen property

Definition and penalties, 811.16, 811.17 Satisfaction by offender, 811.17 Second and third conviction, 811.18

Cattle ; penalty, 811.11, 811.12 Codicil to will, 811.04 Common and notorious thief, 811.10 Concealing stolen property, 811.16-811.18 Conviction; disqualification for office, suf!r at; .:.,

A6 S5 Cutting and carrying away timber; penalty,

821.10 Defenses, illegal purpose not, 811.021 Defined , 811.021 Disqualification upon conviction

Electors, 97.041, 112.01 Jury service, 40.01, 40.07 Office, 112.01

Dogs; penalty, 811.19 Electors ; qualifications of persons convicted,

97.041, 112.01 Entering orchard, etc., with intent to commit,

822.23 False personation in obtaining property, 817.0?. Fraudulent alteration of marks, brands or stamps;

penalty, 536.18 Goats; penalty, 811.13 Grand larceny, defined; penalty, 811.01, 811.021 Hogs ; penalty, 811.14, 811.15 Horses; penalty, 811.11, 811.12

Indictment Allegation of value of ownerships as to testa-

mentary instruments, 811.04 · Charges, 811.021

Jurors ; disqualification, 40.01, 40.07 Logs or timbers ; penalty, 811.07 Lumber adrift, 706.19 Minerals, 821.11 Motor vehicles; penalty, 811.20 Oysters; carrying away planted, 811.08 P etit larceny, d efined; penalty, 811.02, 811.021 Possession ; defined, 811.021 Primary election records, 104.22 Promissory note, illegal retention, 811.05, 811.06 Public records, 839.13 Receiving stolen goods, 811.18 Search warrant for property stolen, 932.02 Second conviction

Cattle, 811.12 Definition and penalty, 811.10 Hogs, 811.15 Horses, 811.12

Sheep, goats; penalty, 811.13 Testamentary instrument; penalty, 811.04 Timber or logs, 811.07, 821.10, 821.11 Trespassing and removing products from land,

821.11, 821.12 Vehicles, 811.20, 811.21 Wills, 811.04 .. Wood, 821.11

LASCIVIOUS BEHAVIOR See also: LEWDNESS. Ch. 796 Assault or act upor. or in presence of child,

800.04 Children, committed against; twelve or under,

801.02 Penalty, 798.02 Unnatural act, 800.02

LATERAL DITCHES AND DRAINS See: DRAINAGE DISTRICTS; DRAINAGE BY

COUNTIES LAUNDRIES

Children. employment of Minimum age, 450.051 Regulation, 450.061

LAVATORIES Hotels, etc., 511.15

LAW BOOK PUBLISHERS Copies of supreme court opinions, etc., may be

secured for one-half of clerk's statutory fees, 25.19

LAW ENFORCEMENT OFFICERS Subversive activities; enforcement of law pro­

hibiting, 876.27 LAW EXAMINER)

See: ATTORNEYS AT LAW. Ch. 454 LAW MERCHANTS

Negotiable instruments; government, 674.01 Warehouse receipt; government, 678.52

LAW OF THE CASE Charge or instruction to jury, 54.17

LAW SCHOOLS See: ATTORNEYS AT LAW. Ch. 454; STATE

UNIVERSITIES

LAWS See also: LEGISLATURE, Ch. 10, 11; STATU·

TORY REVISION. Ch. 16 Abrogation of certain, 2.02 Actions, limitation of, reducing time, A3 S33 Additional, recommendations, A5 S13 Amendment by legislature, procedure, A3 S16 Appropriations, A3 S30 Certified copies, 15.03 Claims agamst state; limitation, 95.37 Claims, requisites for passage, A16 S11 Common law See : COMMON LAW. Ch. 2 Consistent with constitution, continued in force,

AlB S2 Contracts, impairing obligations of, DR 17 County seats, new counties, AS S4 Criminal, effect of amendment, A3 S32 Distribution of printed, A16 S6 Effective date, exception, A3 S18 Election, A3 S26 Enacting clause, form, A3 S15 English laws in force, 2.01 Evidence

Foreign, 92.04 Other states, 92.02 State, 92.01 United States, 92.02 Unwritten law, 92.03

Ex post facto, DR 17 Execution of, governor's duty with respect to,

A4 S6 Florida statutes, copyrighting, 16.50 Foreign, evidence, 92.04 Free speech, abridging, DR 13

Page 50: Florida Statutes 1953, Volume 2 - Research Center...Resolutions of legislature; printing, 283.12 Secretary of State See: SECRETARY OF STATE Shellfish bars, record of leases, 370.16(6)

L INDEX 3282

LAWS (Cont.) General

County seats, removal, AS S4 Distribution, 283.25 Incorporation of companies, A3 S25 Intoxicants, A19 S2 Legislation, when by, A3 S20, 21 Suits against state, A3 S22

Index, alphabetical, printing, 283.12 Levy of taxes, A9 S3 . . Liberty of speech or press, ~bridgu~g, DR 13 . Library of congress to receive copies of certam

state publications, 283.24 Local See: SPECIAL OR LOCAL LAWS, Ch.

11, A3 S20 Military, 250.03 Militia

Aid in execution, 250.28, 250.29 Closing ammunition shops, 250.32 Direction of troops, 250.30 Liability, 250.31

Pamphlet copies, 283.17-283.19 Paragraph, how amended, A3 S16 Passage in legislature, procedure, A3 S17 Printing and distribution

Generally, 283.12, 283.18, 283.19 Pamphlet laws, 283.17

Proceedings under certain laws validated, 2.03 Publication, A16 S6 Religious sects, preference prohibited, DR 6 Repealed statutes, no revival by implication, 2.04 Reports of needed, 16.05, 16.06 Republication, 283.20 Revision, A3 S16, 17 School funds, authorizing diversion of, A12 S13 School, printing and distribution, 229.17 Secretary of state to have custody, 15.01, 15.07 Section of law, how amended, A3 S16 Sects, preference, prohibited, DR 6 Special or local See: SPECIAL OR LOCAL

LAWS, Ch. 11, A3 S20 State road department, copy, 341.27 Statement of receipts and expenditures attached

to and published with, A3 S19 Subject, expressed in title, A3 S16 Subsection, how amended, A3 S16 Title, amendment by reference to, forbidden,

A3 S16 Uniform operation, A3 S21 Veto power of governor, A3 S28

LAWYERS See: ATTORNEYS AT LAW, Ch. 454

LEASE See also: LANDLORD AND TENANT, Ch. 83 Canals, 360.01, 360.10 Coin-operated devices declared unlawful, 849.15,

849.23 Construction of written, 83.02 County commissioners, 125.22 County convicts, abolition, 951.10 Dade memorial park, 258.04 Decedents' property, lessee protected, 733.41 Executors and administrators, power to execute,

733.40 Fair and exposition associations, 616.08 Gambling houses, 849.03 Houses of ill fame, 796.02 Livestock, record, 699.07 Married women, execution by attorney in fact,

693.14 Oyster beds See: STATE BOARD OF CON-

SERVATION, Ch. 373; SHELLFISH, Ch. 375 Railroad equipment, 351.10, 351.11 Railroads, 360.01, 360.10 Realty, grantee's name to appear on instrument,

695.21

LEASE (Cont.) Record, 695.01 Recording necessary, 695.01 Shellfish industry, 370.16(1),(3),(5)- <8> State road department

Execution and effect of instrument, 341.44 Proceeds, disposition, 341.43

Surplus power by drainage districts, 298.22 Trust companies, 660.01 Trustees, 691.03 Trustees internal improvement fund, bottoms of

bays, streams, etc., 253.47 Validity

Creditors, 726.01 Purchasers, 726.07, 726.08

LEASE AND RELEASE Deed, 689.09

LEASEHOLD Assessment for municipal improvements, 167.19 Guardian authorized to lease property of ward,

745.01 Homestead, execution, exemption from, 222.05

LEAVE OF ABSENCE Adoption of federal law for employees, 115.15 Employees of state in military service, grant or

denial, effect, 115.14 Government, definitions, 115.08 Governmental employees in national guard.

25Q.48 Military service, public officials, 115.10 Pilots, 310.05 Public officers in military or naval service, 115.07 Public officials

Grant or denial by government, 115.10 Mill tary service

Pay with or without, 115.09 Resumption of official duties, 115.13 Rights during leave, 115.12 Term, 115.09 Term for which, may be granted, 115.11

Removal of papers from office of clerk of circuit court, 28.13

LEE COUNTY Boundaries, 7.36 Circuit court terms, 26.33 Circuit judge to reside in, 26.17 Congressional district, sixth, 8.01 Judicial circuit, 26.13 Representatives in legislature; number, 10.03 Senatorial district, 10.01

LEE'S BIRTHDAY Legal holiday, 683.01, 683.02

LEGACIES See: EXECUTORS AND ADMINISTRATORS:

PROBATE LAW, Ch. 731-736 LEGAL ADVERTISEMENTS

See : ADVERTISEMENTS: PUBLICATION, Ch. 49

LEGAL ADVISOR Attorney general as, A4 S22

LEGAL DISABILITIES Criminals, certain, denied right to vote or hold

office, A6 S5 Removal See: FREE DEALER: PARDON; Re­

moval of Disabilities under INFANTS Special or local laws relating to persons under,

A3 S20 LEGAL HOLIDAYS, Ch. 683

See also: HOLIDAYS LEGAL NOTICE

See: ADVERTISEMENTS: PUBLICATION. Ch. 49