JOURNAL OF THE SENATE

Thursday, April 21, 1949 103

The Senate convened at 11:00 o'clock A. M., pursuant to same for gambling purposes, and to provide remedies andadjournment on Wednesday, April 20, 1949. penalties for the enforcement thereof.

The President in the Chair. -and recommends that it do not pass.

The roll was called and the following Senators answered And the Bill contained in the preceding report was laid onto their names: the table.

Mr. President Collins Lindler Sheldon Senator Sheldon, Chairman of the Committee on JudiciaryAlford Crary Mathews Shivers "A", reported that the Committee had carefully consideredAyers Davis McArthur Smith the following Bills:Baker Franklin Moore SturgisBaynard Gautier Pearce Tucker S. B. No. 10-A bill to be entitled An Act relating to theBeacham Getzen Pope Walker fees and compensation of the county judge for services per-Beall Johns Ray Wilson formed in suits or proceedings and in criminal cases, beforeBoyle Johnston Rodgers Wright the county judge's court in all counties of the State of Florida.Carroll King SanchezClarke Leaird Shanhez S. M. No. 49-A Resolution Memorializing the Congress of

the United States to adopt House Joint Resolution 9, intro--38. duced by Honorable Charles E. Bennett of Florida, resolving

that Congress shall propose an amendment to Section 3, ArticleA quorum present. III of the Constitution, enlarging the definition of treasonPrayer was offered by the Senate Chaplain, Reverend W. F. agaist the United States.

Dunkle. S. B. No. 102-A Dill to be entitled An Act amending SectionTh r in f 734.01, Florida Statutes, 1941, as amended by Chapter 24295,The reading of the Journal was dispensed with. Laws of Florida, 1947, relating to the expenses and compensa-tion to be allowed to personal representatives and attorneysThe Senate daily Journal of Wednesday, April 20, 1949, was in probate proceeding personal representatives and

corrected and as corrected was approved.S. B. No. 148-A bill to be entitled An Act to amend Chapter

REPORTS OF COMMITTEES 733, Florida Statutes of 1941, relating to the Florida ProbateLaw by adding thereto Section 733.54 authorizing any executorSenator Alford, Chairman of the Committee on Agriculture or administrator appointed by any county judge in the Stateand Livestock, reported that the Committee had carefully con- of Florida to waive the statute of limitations with respect to

sidered the following Bill: any federal tax or deficiency in any federal tax with the

S. B. No. 139-A bill to be entitled An Act to amend Section of the count e.811.11, Florida Statutes, 1941, relating to horse or cattle steal- S. B. No. 157-A bill to be entitled An Act to authorize oneing, providing a maximum penalty and repealing the mini- of whom a bond, undertaking or other obligation is required,mum penalty; amending Section 811.12, Florida Statutes, to enter into agreements with his surety or sureties for the1941. relating to second conviction of horse or cattle stealing. deposit of moneys and assets for which they are responsibleproviding a maximum penalty and repealing the minimum with a bank, savings bank, safe-deposit or trust company orpenalty; amending Section 811.13, Florida Statutes, 1941, re- with other depository approved by the court for safekeeping,lating to penalty for larceny of sheep and goats, providing a and in such manner as to prevent withdrawal of such moneymaximum penalty and repealing the minimum penalty; amend- or assets without the written consent of such surety or sure-ing Section 811.14, Florida Statutes, 1941, relating to the ties or an order of court; and providing that such agreementlarceny of hogs, providing for a maximum penalty and re- shall not release the liability of the principal or sureties underpealing the minimum penalty; amending Section 811.15, Flor- the terms of said bond.ida Statutes, 1941, relating to penalty for second offense ollarceny of hogs, providing a maximum and repealing the S. B. No. 78-A bill to be entitled An Act to extend theminimum penalty. time within which certain registrants who had commenced

their preparation for the State Bar examination for admission-and recommends that it do not pass. to practice law before the adoption of Amendment to Rule 1by the Supreme Court on December 9, 1941, relative to admis-And the Bill contained min the preceding report was laid on sion of attorneys to the practice of law.admis-

Senator Alford, Chairman of the Committee on Agriculture -and recommends that they do pass.and Livestock, reported that the Committee had carefully And the Bills contained in the preceding report were placedconsidered the following Bill: on the Calendar of Bills on Second Reading.

S. B. No. 183-A bill to be entitled An Act to amend Chapter Senator Sheldon, Chairman of the Committee on Judiciary576, Florida Statutes, 1941, relating to the manufacture and "A", reported that the Committee had carefully consideredsale of commercial fertilizer and repealing certain provisions the following Bills:of law.

H. B. No. 7-A bill to be entitled An Act amending Section-and recommends that it do pass. 40.24, Florida Statutes, 1941, relating to the compensation of

jurors in this State and increasing the same in certain courts.And the Bill contained in the preceding report was placedon the Calendar of Bills on Second Reading. H. B. No. 8-A bill to be entitled An Act amending Section

54.11, Florida Statutes of 1941 relating to the number ofSenator Getzen, Chairman of the Committee on Miscel- peremptory challenges of jurors in civil causes.laneous Legislation, reported that the Committee had care-

fully considered the following Bill: H. B. No. 20-A bill to be entitled An Act to amend Section47.26, Florida Statutes 1941, relating to the service of process

S. iti. No. 57-A bill to be entitled An Act to regulate public upon State prisoners.utilities in the furnishing to others of private wire service andother similar service for the dissemination of information, H. B. No. 52-A bill to be entitled An Act relating to publicto regulate the use of such services and prohibit the use of printing and stationery, Florida Statutes, 1941, (1947 Cumula-

104 JOURNAL OF THE SENATE April21, 1949tive Supplement) amending Sections 283.12, 283.15, 283.17, H. B. No. 166-A bill to be entitled An Act to amend Sec-283.18, 283.19, 283.20, 283.22, 283.23, 283.24; repealing Section tions 611.24 and 611.25, Florida Statutes, 1941, and to pre-283.16; and transferring Subsection (4), Subparagraphs (A), scribe an optional and alternative method whereby a corpora-(B), (C), (D), (E), (F), (G), of Section 16.50 and renumber- tion for profit, of the class and character specified in Sectioning it Section 283.25. 611.01, Florida Statutes, 1941, may increase or reduce its

capital stock or reduce the par value of the shares thereof.H. B. No. 56-A bill to be entitled An Act amending Sec-tions 16.19 to 16.24 and 16.27 to 16.29, all inclusive, Florida -and recommends that they do pass.Statutes, 1941, as amended by Chapters 22000, 22858 and 24337,Laws of Florida, Acts of 1943, 1945 and 1947, and adopting And the Blls contained in the preceding report were placedand reenacting Volume I, Florida Statutes, 1941, and the on the Calendar of Bills on Second Reading.

and provisions: And providing for the publication thereofas "Florida Statutes, 1949." H. B. No. 96-A bill to be entitled An Act amending Sec-

tion 409.30, Florida Statutes of 1941, the same being SectionH. B. No. 57-A bill to be entitled An Act amending and 1 Chapter 21954, Laws of Florida, Acts of 1943, relating to therevising Sections 1643, 16.44 16.45, 16.46, 16.47, 16.49, 16.50 payment of accrued public assistance on death of person en-and 16.51, Florida Statutes, 1941, (1947 Cumulative Supple- titled thereto and repealing all laws in conflict herewith.ment) and repealing Sections 16.11, 16.12, 16.13, 16.14, 16.15, laws on16.16, 16.17, 16.18, 16.20-1, 16.23-1, 16.25, 16.30, 16.23-1, 16.25, 16.30, 16.31, 16.32, H. B. No. 111-A bill to be entitled An Act amending Sec-16.33, 16.34, 16.35, 16.36, 16.37, 16.38, 16.39, 16.40, 16.41 and tion 409.17, Florida Statutes, 1941, as amended by Section 1,16.42, Florida Statutes, 1941, all of said Statutes relating to Chapter 20714, Laws of Florida, Acts of 1941, Section 1, Chap-Statutes, Statutory Revision and Statutory Revision Depart- ter 21879, Laws of Florida, Acts of 1943, and Section 1, Chapterment of this State: Defining the powers, authority and duties 23895, Laws of Florida, Acts of 1947. Relating to aid to theof said department. blind.

-and recommends that they do pass. -and recommends that they do pass.

And the Bills contained in the preceding report were placed And the Bills contained in the preceding report were placedon the Calendar of Bills on Second Reading. on the Calendar of Bills on Second Reading.

Senator Clarke, Chairman of the Committee on Banking Senator Ray, Chairman of the Committee on Welfare, re-and Building and Loans, reported that the Committee had ported that the Committee had carefully considered thecarefully considered the following Bills: following Bills:

S. B. No. 97-A bill to be entitled An Act to amend Section S. B. No. 114-A bill to be entitled An Act authorizing the655.01, 1947 Supplement, Florida Statutes 1941, relating to State Welfare Board and Dstrict Welfare Boards to destroyStrust company organization, by providing the capital stock certain correspondence, documents and records; to reproduceshall be divided into shares of one hundred dollars or into by photographic or microphotographic process and then de-shares of lesser amount as may be provided in the Articles stroy certain documents and records; and making such photo-of Incorporation. graphs, microphotographs and reproductions therefrom ad-

missible in evidence.S. B. No. 98-A bill to be entitled An Act amending Section . B. No. 113-A bill to be entitled An Act amending Se

726.09 Florida Statutes, 1941, relating to fraudulent loans void tion 409.17, Florida Statutes, 1941, as amended by Section 1and extending the provisions thereof to the legal representa- Chapter 20714, Laws of lorida, Acts of 1941, Sectiond 1, Chap-tives, successors or assigns of the pretended lender or other ter 21879, Laws of Florida, Acts of 1943, and Section 1, Chap-person having the benefit of the reservation, limitation, con- ter 23895, Laws of Florida, Acts of 1947; relating to Aid e.-dition, reversion or remainder sett out in Section 726.09 by the Blind. sdred reason of assignment or otherwise.

S. B. No. 116-A bill to be entitled An Act amending SectionS. B. No. 99-A bill to be entitled An Act providing for the 409.30, Florida Statutes of 1941, the same being Section 1.permissive closing of banking institutions under certain cir- Chapter 21954, Laws of Florida, Acts of 1943, relating to thecumstances. payment of accrued public assistance on death of person en-

S. B. No. 43-A bill to be entitled An Act to amend Section titled thereto and repealing all laws in conflict herewith.1 of Chapter 20846, Acts of 1941, Laws of Florida, which is S. B. No. 117-A bill to be entitled An Act relating to theParagraph 1 of Section 697.04, Florida Statutes 1941, said records, papers and files of the State and District Welfare

ments securing agricultural loans, and to the securing of and proiding penalties for violation thereof.uture advances by such mortgages and other instruments:

And to provide generally, by such amendment, for the securing S. B. No. 151-A bill to be entitled An Act making it a mis-of future advances by mortgages or other instruments given demeanor to obtain or attempt to obtain, or aid in obtainingto secure any loan, whether an agricultural loan or a loan or attempting to obtain assistance under the provisions offor other purposes: Providing for the priority of such mort- Chapter 409, Florida Statutes, 1941, relating to public welfaregages or other instruments: And providing when this Act shall and public assistance, by false or fraudulent means, and pro-become effective, viding penalties for violation thereof.-and recommends that they do pass. -and recommncommends that they do pass.

And the Bills contained in the preceding report were placed And the Bills contained in the preceding report were placedon the Calendar of Bills on Second Reading. on the Calendar of Bills on Second Reading.

Senator Clarke, Chairman of the Committee on Banking Senator Ray, Chairman of the Committee on Welfare, re-and Building and Loans, reported that the Committee had ported that the Committee had carefully considered the fol-carefully considered the following Bills: lowing Bill:

H. B. No. 126-A bill to be entitled An, Act to amend Sec- S.B. No. 115-A bill to be entitled An Act reappropriatingtion 655.01, 1947 Supplement, Florida Statutes, 1941, relating certain unexpended State Welfare funds and providing forto trust company organization, by providing the capital stock the carry-over of State Welfare funds unexpended at the endshall be divided into shares of one hundred dollars or into of the first fiscal year of the biennium.shares of lesser amount as may be provided in the Articlesof Incorpoporation. -and recommends that it do pass.

H. B. No. 143-A bill to be entitled An Act providing for the And the Bill contained in the preceding report was referredpermissive closing of banking institutions under certain cir- to the Committee on Appropriations in accordance with thecumstances. original joint reference.

April 21, 1949 JOURNAL OF THE SENATE 105

Senator Walker, Chairman of the Committee on Judiciary Which was read the first time by title only."B", reported that the Committee had carefully considered Proof of publication of Notice was attached to Senate Bill

> followingncB~ill: Proof of publication of Notice was attached to Senate BillNo. 236 when it was introduced in the Senate, and evidence

S. B. No. 122-A bill to be entitled An Act amending Sec- that such Notice has been published was established by thetion 409.28, Florida Statutes of 1941, relating to County Senate, as required by Section 21, Article III of the Consti-Welfare Advisory Committees, their qualifications and duties; tution of the State of Florida.and making their appointment mandatory.and making their appointment mandatory. Senator Lindler moved that the rules be waived and Senate-and recommends that it do pass. Bill No. 236 be read the second time by title only.

And the Bill contained in the preceding report was placed Which was agreed to by a two-thirds vote.on the Calendar of Bills on Second Reading. And Senate Bill No. 236 was read the second time by title

Senator Beacham, Chairman of the Committee on Drainage only.and Water Conservation, reported that the Committee hadcarefully considered the following Bill: Senator Lindler moved that the rules be further waived

and Senate Bill No. 236 be read the third time in full and putS. B. No. 202-A bill to be entitled An Act relating to the upon its passage.

assessment and collection of drainage and sub-drainage dis-trict taxes; providing payment to the Tax Assessors and Tax Which was agreed to by a two-thirds vote.Collectors for their services and defining the character of And Senate Bill No. 236 was read the third time in full.such services and making disposition of various payments.

Upon the passage of Senate Bill No. 236 the roll was called-and recommends that it do pass. and the vote was:

And the Bill contained in the preceding report was placed Yeas-38on the Calendar of Bills on Second Reading.

Mr. President Collins Lindler SheldonENGROSSING REPORT Alford Crary Mathews Shivers

· ,_ . _„, , , * Ayers Davis McArthur SmithYour Engrossing Clerk to whom was referred, with amend- Baker Franklin Moore Sturgis

ments, for engrossing: Baynard Gautier Pearce TuckerBeacham Getzen Pope WalkerS. B. No. 34-A bill to be entitled An Act relating to live- Beall Johns Ray Wilson

stock, providing for the fencing thereof, liability of the owner Boyle Johnston Rodgers Wrightof livestock running at large or straying, impounding and sale Carroll King Sanchezof such livestock, duty of County Commissioners and sheriffs Clarke Leaird Shandshereunder, punishment for violation of the provisions hereof,holding elections to reject the provisions hereof and repealing Nays-Noneall laws and parts of laws in conflict herewith.

So Senate Bill No. 236 passed, title as stated, and the action-begs leave to report that the amendments have been in- of the Senate was ordered certified to the House of Repre-corporated in the Bill and returned herewith, as engrossed. sentatives.

Very respectfully, By the Committee on Privileges and Elections-ROBT. W. DAVIS, Secretary of the Senateas Ex Officio Engrossing Clerk. S. B. No. 237-A bill to be entitled An Act to provide for the

order in which titles of offices shall appear on General ElectionAnd Senate Bill No. 34 contained in the above report was ballots, and who shall furnish ballots.

ordered certified to the House of Representatives.ordered certified to the House of Representatives. Which was read the first time by title only and placed on

ENROLLING REPORT the Calendar of Bills on Second Reading, without reference.

Your Enrolling Clerk to whom was referred: By the Committee on Privileges and Elections-

S. B. No. 182 S. B. No. 238-A bill to be entitled An Act to repeal Section98.27, Florida Statutes, 1941, the same having to do with the

-begs leave to report same has been properly enrolled, signed publication of the list of qualified voters.by the President and Secretary of the Senate, and by iheSpeaker and Chief Clerk of the House of Representatives, and Which was read the first time by title only and placed onpresented to the Governor on April 21, 1949, for his approval. the Calendar of Bills on Second Reading, without reference.

Very respectfully, By the Committee on Privileges and Elections-ROBT. W. DAVIS, Secretary of the Senateas Ex Officio Enrolling Clerk of the Senate . S. 9 No. 239-A bill to be entitled An Act to amend Sec-

tion 99.24, Florida Statutes of 1941, the same being withSenator Sheldon moved that Senate Bill No. 230 be recalled reference to instructions for electors and who shall provide

from the House of Representatives. said instructions.

Which was agreed to and it was so ordered. Which was read the first time by title only and placed onthe Calendar of Bills on Second Reading, without reference

By the Committee on Privileges and Elections-By Senator Lindler-

S. B. No. 240-A bill to be entitled An Act providing thatS. B. No. 236-A bill to be entitled An Act to authorize and all candidates for nomination in the regular primary election

empower the Board of Public Instruction of Columbia County, shall qualify as such by March Tenth.Florida, to levy upon all real and personal property, subjectto taxation within Columbia County, Florida, for the years Which was read the first time by title only and placed on1950, 1951 and 1952, in addition to all other taxes, not to exceed the Calendar of Bills on Second Reading, without reference.one and one-half (11/2) mills, which shall be assessed and By the Committee on Privileges and Elections-collected as other taxes are assessed and collected, for thepurpose of operating, maintaining and improving the Columbia s. B. No. 241-A bill to be entitled An Act providing for theForestry School, a vocational school of said county, and to repeal of Chapter 24994 otherwise known as Senate Bill No. 2-Xprovide that the levy and collection of said tax and the dis- of the 1948 Extraordinary Session of the Legislature of the.bursement of funds derived therefrom shall not be subject to State of Florida.the supervision or control of any Board or Commission otherthan the Board of Public Instruction of Columbia County, Which was read the first time by title only and placed onFlorida, and repealing all laws in conflict herewith. the Calendar of Bills on Second Reading, without reference..

106 JOURNAL OF THE SENATE April 21,1949

By the Committee on Privileges and Elections- TO ARTICLE III OF THE CONSTITUTION OF THE STATEOF FLORIDA BY THE REGULAR SESSIONS OF THES. B. No. 242-A bill to be entitled An Act relating to bond LEGISLATURE TO BE HELD ANNUALLY.

elections in counties having voting machines; authorizing theBoards of County Commissioners, the Boards of Public In- BE IT RESOLVED BY THE LEGISLATURE OF THEstructions, the governing bodies of municipalities, and all STATE OF FLORIDA:other public bodies permitted by law to call bond electionsin such counties to designate at the time of calling bond That Article III Section 2 of the Constitution of the Stateelections whether or not voting on bond issues shall be on of Florida be amended to provide that the legislature of thevoting machines or on separate paper ballots; repealing all State of Florida shall hold regular sessions annually, and islaws in conflict herewith. hereby agreed to and shall be submitted to the electors of the

State for ratification or rejection at the next general electionWhich was read the first time by title only and placed on to be held in 1950 A. D., as follows:

the Calendar of Bills on Second Reading, without reference. Section 2. The regular sessions of the Legislature shallSection 2. The regular sessions of the Legislature shall

By Senators Sheldon and Mathews- be held annually commencing on the first Tuesday after thefirst Monday in April A. D., 1887, and on the corresponding

S. B. No. 243-A bill to be entitled An Act creating a board day of every year thereafter, but the Governor may conveneto be known as the State Board of Dispensing Opticians; the same in extra sessions by his proclamation. Regular ses-providing a method for the appointment of the members of sions of the Legislature may extend 60 days, but no specialsaid board; defining the trade or occupation of dispensing session convened by the Governor shall exceed twenty days.opticians; providing for the examination and regulation cfdispensing opticians and placing all dispensing opticians Which was read the first time in full and referred to theunder the jurisdiction of the State Board of Dispensing Committee on Constitutional Amendments.Opticians; providing for license tax on persons, partnershipsor corporations engaging in such trade or occupation; pro- By Senator Alford-hibiting the sale of eye-glasses, spectacles, artificial eyes, S. B. No. 249-A bill to be entitled An Act amending Sectionlenses, contact lenses and optical devices, except as provided 1, Chapter 23775, Laws of Florida, Acts of 1947, relating tofor by this Act; providing for the licensing of dispensing op- appointment of members of the State Livestock Sanitaryticians having a license to practice at the time this Act Boardbecomes a law; providing the manner of enforcing the pro-visions of this Act; fixing the penalties for the violation of Which was read the first time by title only and referredthe terms and provisions thereof, defining the jurisdiction of to the Committee on Agriculture and Livestock.said Board of Dispensing Opticians; repealing Chapter 21769,Laws of Florida, Acts of 1943, and all laws or parts of laws . By Senator Sturgis-in conflict herewith and providing for the effective date of S. B. No. 250-A bill to be entitled An Act relating to con-this Act. duct of trial; amending Section 918.10, Florida Statutes, 1941,

Which was read the first time by title only and referred removing requirement that presiding judge charge the juryto the Committee on Public Health. as to penalty for offense for which accused is on trial.

By Senator Mathews- Which was read the first time by title only and referredto the Committee on Judiciary "A".

S. B. No. 244-A bill to be entitled An Act requiring thatcandidates for delegates to national political conventions shall By Senator Sheldon-be voted on in the second primary. S. B. No. 251-A bill to be entitled An Act relating to solici-

Which was read the first time by title only and referred to, tation of funds by certain organizations in Florida; providingthe Committee on Privileges and Elections. for filing of certain reports.

By Senator Mathews- Which was read the first time by title only and referredto the Committee on Judiciary "A".

S. B. No. 245-A bill to be entitled An Act amending Sec-tion 331.14, Florida Statutes, the same being Section 31/2 cf By Senator Sheldon-Chapter 24100, Laws of Florida 1947, relating to the powerof city and county authorities owning or operating airports S. B. No. 252-A bill to be entitled An Act to amend Sectionsto grant exclusive franchises, including exclusive franchises 443.04, 443.05, and 443.06 of Chapter 443, Florida Statutes,for ground transportation of passengers coming or going on 1941, as amended by Chapter 21983, Laws of Florida, Actsairplanes, and over the public roads, highways and streets of 1943, and Chapters 23919 and 24083, Laws of Florida, Actsleading from such airports to the municipality nearest to said of 1947, and known as the "Florida Unemployment Compensa-airport; and other matters in connection therewith, tion Law," relating to payment of benefits, benefit eligibility

conditions, and disqualifications. by providing for a revisionWhich was read the first time by title only and referred to of weekly benefit amount and duration of benefits: revising

the Committee on Motor Vehicles, eligibility conditions; revising the disqualification for bene-fits and providing for transition from the old benefit provi-

By Senator Clarke- sions to the new benefit provisions; repealing all laws in con-flict herewith and making this Act effective July 1, 1949.

S. B. No. 246-A bill to be entitled An Act amending Sec-tion 562.45, Florida Statutes of 1941 as amended by Chapter Which was read the first time by title only and referred'23746, Acts of 1947, being An Act relating to moonshine whis- to the Committee on Labor and Industry.key and penalties for violations of the beverage law.

By Senator Sheldon-Which was read the first time by title only and referred to

the Committee on Temperance. S. B. No. 253-A bill to be entitled An Act making the Flor-ida State Library the Central Collecting and Distributing

By Senator Clarke- Agency for all State of Florida publications and prescribingthe duties of those administering and directing said Florida

S. B. No. 247-A bill to be entitled An Act authorizing the State Library in connection with the same, and providing anComptroller to assist in Codifying the Banking Laws of the appropriation for the performance of its duties in carryingState of Florida, and making an appropriation therefor. out the purposes of this Act.

Which was read the first time by title only and referred to Which was read the first time by title only and referredthe Committee on Banking and Building and Loans and the to the Committee on Appropriations.Committee on Appropriations.

By Senators McArthur, Gautier, Leaird and Baynard-By Senator Johnston-

Senate Joint Resolution No. 254:Senate Joint Resolution No. 248:

A JOINT RESOLUTION PROPOSING AN AMENDMENTA JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VIII, SECTION 1, OF THE CONSTITUTION

April 21, 1949 JOURNAL OF THE SENATE 107OF FLORIDA RELATING TO COUNTIES AS POLITICAL Which was agreed to by a two-thirds vote.SUBDIVISIONS OF STATE.

And Senate Bill No. 257 was read the third time in full.BE IT RESOLVED BY THE LEGISLATURE OF THE

STATE OF FLORIDA: Upon the passage of Senate Bill No. 257 the roll was calledand the vote was:

That the following Amendment to Article VIII, Section 1,of the Constitution of Florida relating to counties as political Yeas-38subdivisions of state is hereby agreed to and shall be sub- President Collins Lindler Sheldonmitted to the electors of the state for ratification or rejection Mr- esident Collins Lindler Sheldonat the general election in 1950, as follows: Alford Crary Mathews Shivers

Ayers Davis McArthur SmithSection 1. Counties as political subdivisions of state. The Baker Franklin Moore Sturgis

state shall be divided into political subdivisions to be called Baynard Gautier Pearce Tuckercounties. The Legislature shall have the power to grant to Beacham Getzen Pope Walkerany county a charter under which it may regulate and govern Beall Johns Ray Wilsonitself. The Legislature may provide, by general or special law, Boyle Johnston Rodgers Wrightthe manner in which any county may form its own charter. Carroll King SanchezAny county charter may designate the name of the county, Clarke Leaird Shands-regulate the powers, duties and jurisdiction of all countyofficers, and designate their classes, terms, and jurisdiction, ays oneand provide the manner of their selection and compensation. So Senate Bill No. 257 passed, title as stated, and the actionThe Legislature may authorize the adoption of charters by the of the Senate was ordered certified to the House of Representa-several counties at general or special elections, which charters tivesmay be altered or amended only by the method by which theywere adopted, notwithstanding any other provision of this By Senator Mathews-Constitution.

S. B. No. 258-A bill to be entitled An Act to compensateWhich was read the first time in full and referred to the and for the relief of Leamon Toliver on account of injuries

Committee on Constitutional Amendments. received by him in an automobile collision wherein an automo-bile owned by the County of Duval, State of Florida, was in-By Senator Pope- volved; requiring the Board of County Commissioners ofDuval County to investigate such claim and, upon certainS. B. No. 255-A bill to be entitled An Act amending Chapter findings, to settle the same by payment out of designated

section relating to tax on final divorce decrees entered and $15,000.00; and providing for suitable action by Budget Com-recorded in this state and amending Section 201.15 relating mission of Duval County in the premises.to the distribution of taxes collected.

Which was read the first time by title only and referred to hich was read the first time by title only.the Committee on Finance and Taxation. Proof of publication of Notice was attached to Senate Bill

No. 258 when it was introduced in the Senate, and evidenceBy Senators Lindler and Brackin- that such Notice has been published was established by theSenate, as required by Section 21, Article III of the Consti-S. B. No 256-A bill to be entitled An Act providing for the tution of the State of of the C

protection from damage and destruction by fire of forests andforest lands; defining the term "forest lands" and other terms: Senator Mathews moved that the rules be waived and Senatedeclaring the purpose of the Act; designating the Florida Bill No. 258 be read the second time by title only.Board of Forestry and Parks as agency to carry out the pur-pose of the Act; designating the manner of determination of Which was agreed to by a two-thirds vote.acreage to be protected; setting forth certain duties of theBoard: authorizing and directing the use of certain funds And Senate Bill No. 258 was read the second time by titledirecting payments by counties to Board and authorizing levy only.by the several counties of the state of a tax to effectuate such Senator Mathews moved that the rules be further waived andpurpose; providing for acceptance of donations and providing Senate Bill No. 258 be read the third time in full and putfor the submission of its adoption and ratification to a state- upon its passage.wide referendum election.

Which was read the first time by title only and referred to Which was agreed to by a two-thirds vote.the Committee on Forestry and Parks. And Senate Bill No. 258 was read the third time in full.

By Senator Mathews- Upon the passage of Senate Bill No. 258 the roll was calledand the vote was:

S. B. No. 257-A bill to be entitled An Act fixing and pre-scribing the qualifications of freeholder electors who shall be Yeas-38eligible to participate in any bond election called and heldby any taxing authority of Duval County, Florida, including Mr. President Collins Lindler Sheldonthe Board of County Commissioners, the Board of Public In- Alford Crary Mathews Shiversstruction of said county, or any special tax school district Ayers Davis McArthur Smiththereof, and providing for the registration of such electors. Baker Franklin Moore Sturgis

Baynard Gautier Pearce TuckerWhich was read the,first time by title only. Beacham Getzen Pope Walker

Beall Johns Ray WilsonProof of publication of Notice was attached to Senate Bill Boyle Johnston Rodgers WrightNo. 257 when it was introduced in the Senate, and evidence Carroll King Sanchezthat such Notice has been published was established by the Clarke Leaird ShandsSenate, as required by Section 21, Article III of the Consti-tution of the State of Florida. Nays-None

Senator Mathews moved that the rules be waived and Senate So Senate Bill No. 258 passed, title as stated, by the re-Bill No. 257 be read the second time by title only. quired Constitutional two-thirds vote of all members elected to

the Senate for the 1949 Session of the Florida Legislature,Which was agreed to by a two-thirds vote. and the action of the Senate was ordered certified to theAnd Senate Bill No. 257 was read the second time by title House of Representatives.

only. By Senator Mathews-

Senator Mathews moved that the rules be further waived S. B. No. 259-A bill to be entitled An Act amending Sec-and Senate Bill No. 257 be read the third time in full and put tions 704.01, 704.02, 704.03, Florida Statutes, 1941, relating toupon its passage. easements and providing for the use and maintenance of ease-

-108 JOURNAL OF THE SENATE April 21,1949

ments over certain lands when any land desired for use as a from every auto transportation company whether the holderdwelling or for agricultural or stockraising purposes has no of a certificate or permit or not, whose transportation opera-practical route of egress and ingress. tions are not exempt from the provisions of Chapter 323,

Florida Statutes, 1941; creating a lien for said taxes and pro-Which was read the first time by title only and referred to viding for the enforcement thereof; appropriating certain por-

the Committee on Judiciary "C". tions of said tax to the State Comptroller and the FloridaRailroad Commission to be used in administering Chapter

By Senators Pope and Baynard- 323, Florida Statutes, 1941; providing for the distribution ofS. B. No. 260-A bill to be entitled An Act providing that said mileage taxes among various cities and counties of the

the conduct of harness racing shall be governed exclusively State on the basis of the 1944 distribution; and providingby this Act except where other general racing laws are made for payment of said tax into the General Revenue Fund inapplicable herein by reference; containing provisions parallel case distribution aforesaid is held unconstitutional.to those governing other types of racing, but defining and sep- Which was read the first time by title only and referredarately classifying and governing the conduct of harness racing to the Committee on Motor Vehicles.in this state; including provisions: Changing, providing forand defining the Commissions on Harness Racing, the taxesupon the pari-mutuel pools therein, the "breaks" and taxes MESSAGE FROM THE GOVERNORthereon, the harness racing season, the length of race meet-ings thereof, and other provisions of law relating thereto; The following message from the Governor was received:prohibiting the location of any harness racing track in any STATE OF FLORIDAcounty wherein any running horse track or two or more dog EXECUTIVE DEPARTMENTtracks are already licensed and located, but otherwise au- TALLAHASSEEthorizing applications for and permits to conduct harnessracing except and with certain provisions, prohibitions and April 20, 1949.restrictions applying where harness racing permits or tracks Hon. Newman C. Brackin,are sought to be located within certain defined distances from President of the Senate.other racing plants or tracks, but exempting permits issued, Sir:renewed or extended prior to January 1, 1948; and also ex-tending certain permits heretofore issued subsequent to the I have the honor to inform you that I have today approveddeclaration of World War II; providing for elections to ratify the following Act, which originated in your Honorable Body,new harness racing permits except in counties, otherwise and have caused the same to be filed in the office of theeligible, in which an election has theretofore been held and Secretary of State:other types of racing approved or in which such other racinghas been legally conducted without revocation for five years S. B. No. 94-RELATING TO DUVAL COUNTY.or more; otherwise providing for the validation of harness Respectfullyracing permits, the regulation and qualification of permit FULLER WARRENholders, the revocation of licenses and the prohibition of cer- Governortain Acts and offenses in the conduct of harness racing andproviding penalties therefor; providing that harness racingshall be under the supervision of the State Racing Commis- MESSAGES FROM THE HOUSE OF REPRESENTATIVESsion, that a sub-commission or division of said. Commissionrelating to harness racing may be appointed and providing The following message from the House of Representativesfor the basic and additional compensation and expenses of was read:the Racing Commission, of such sub-commission, If appointed, Tallahassee Floridaof its chairman and of the secretary and attorney of the April 19 1949State Racing Commission, all with respect to the conduct of Ron Newman C. Bracknharness racing; authorizing the State Racing Commission to Presidet ofte Seratemake appropriate regulations governing harness racing and Sirdent of the Senteeffectuating this Act and to allocate days, dates and hoursof both day racing and night racing between harness racing I am directed by the House of Representatives to inform thetracks and other types of tracks; providing for the collection Senate that the House of Representatives has passed-by and the distribution to the State, Counties and Cities oftaxes and licenses upon harness racing operations in a manner By Senator Beall-similar to that governing other racing; and repealing all lawsand parts of laws in conflict herewith to the extent of their S. B. No. 188-A bill to be entitled An Act relating to theinconsistency herewith. City of Pensacola, Florida, providing that certain provisions

of Chapter 16989, Laws of Florida of 1935, entitled: "An ActWhich was read the first time by title only and referred providing an optional method for the calling and conduct of

to the Committee on Miscellaneous Legislation. Primary Elections in certain municipalities, and fixing thequalifications of electors thereat and in General Elections

By Senator Sheldon- following," which provides for the preparation, arrangement,

S. B. No. 261-A bill to be entitled An Act for the relief of voting and counting of ballots in accordance with the pro-Southern Builders, Inc. of Tampa, Florida for the payment of visions of the so called Bryan Primary Law, shall not applyan award and judgment of a court of arbitration against the to the City of Pensacola, Florida, and amending Section 7 ofBoard of Commissioners of State Institutions. Chapter 16989, Laws of Florida of 1935, as it relates to the

City of Pensacola, Florida.Which was read the first time by title only and referred

to the Committee on Pensions and Claims. Respectfully,LAMAR BLEDSOE,

By Senator Collins- Chief Clerk House of Representatives.

S. B. No. 262-A bill to be entitled An Act providing for one And Senate Bill No. 188, contained in the above message,stenographer for the office of State Attorney in each judicial was referred to the Secretary of the Senate as Ex Officio En-circuit of the State of Florida, and fixing compensation to be rolling Clerk, for enrolling.paid to said stenographer. The following message from the House of Representatives

Which was read the first time by title only and referred was read:to the Committee on Appropriations. Tallahassee Florida

Tallahassee, Florida,By Senators King, Mathews, Boyle and Smith- April 19, 1949.

Hon. Newman C. Brackin,S. B. No. 263-A bill to be entitled An Act to amend sec- President of the Senate.

tions 323.15 and 323.16, Florida Statutes, 1941, as amended Sir-by Chapter 22834, Laws of Florida, Acts of 1945, relating tothe collection and distribution of mileage taxes; providing I am directed by the House of Representatives to inform thefor the collection of said taxes by the Comptroller of the State Senate that the House of Representatives has adopted-

April 21, 1949 JOURNAL OF THE SENATE 109By Senators Baynard, Boyle, Carroll, Davis and King- pass by the required Constitutional two-thirds vote of allSenate Concurrent Resolution No. 178: Members of the House of Representatives present on April 19-

S. B. No. 617 (1947 Session)-A bill to be entitled An ActA RESOLUTION RELATING TO THE LOBBYING OF to amend Sections 323.15 and 323.16, Florida Statutes, 1941,CERTAIN CITY, COUNTY AND STATE OFFICIALS OF THE as amended by Chapter 22834, Laws of Florida, Acts of 1945,STATE OF FLORIDA FOR THE PASSAGE OF BILLS TO relating to the collection and distribution of mileage taxes;INCREASE THEIR SALARIES. providing for the collection of said taxes by the Comptroller

WHEREAS, it has come to the notice of the Senate of the of the State from every auto transportation company whetherSWHERS, t has cfe to thaa r e notice of the Senate of the u the holder of a certificate or permit or not, whose transporta-State of florida that a large number of elected city, county tion operations are not exempt from the provisions of Chap-and state officials of this State are in the Capitol lobbying ter 323, Florida Statutes, 1941: creating a lien for said taxesfor the passage of bills to increase their salaries, notwith- and providing for the enforcement thereof; appropriatingand providing for the enforcement thereof; appropriatingstanding the grave financial crisis which His Excellency, the certain portions of said tax to the State Comptroller andGovernor of the State of Florida, says is confronting the the Florida Railroad Commission to be used in administeringState and which His Excellency, the Governor of the State Chapter 323, Florida Statutes, 1941; providing for the dis-of Florida, says makes it necessary for the Legislature of tribution of said mileage taxes among various cities and coun-Florida to raise millions of dollars in new revenue for the ties of the State on the basis of the 1944 distribution; and pro-operation of the State Government for the next two years: viding for payment of said tax into the General Revenue Fund

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE in case distribution aforesaid is held unconstitutional.OF THE STATE OF FLORIDA, WITH THE HOUSE OF RespectfullyREPRESENTATIVES CONCURRING: LAMAR BLEDSOE,

(1) That all such elected city, county and state officials Chief Clerk House-f Representatives,be and they are hereby reminded that they sought and ob- And Senate Bill No. 617 (1947 Session), contained in thetained election to the offices which they now hold and occupy, above message, was ordered returned to the Secretary of State.well knowing both the duties and the salary of the officethey sought, and it ill becomes any of them to abandon their The following Message from the House of Representativesposts of duty in order to come to the Capitol to seek by their was read:personal presence to influence the adoption of legislation toincrease their salaries at a time when every member of this Tallahassee, Florida,Legislature, as well as every city, county and state official, April 20, 1949should be seeking ways and means to meet the financial re- Hon. Newman C. Brackin,quirements now facing our State, as well as the cities and President of the Senate.counties from which they come, and should be assisting the Sir:members of the Legislature to economize and to reduce theever increasing tax burden upon all our citizens. I am directed by the House of Representatives to inform

the Senate that the House of Representatives has passed by(2) That all such officials be and they are hereby urged the required Constitutional three-fifths vote of all members

to remain at home and to attend to the duties of their office elected to the House of Representatives for the 1949 Sessionor to resign from the office they hold and permit the Governor of the Florida Legislature-to appoint, or the people to elect, as their successors citizenswilling and able to serve for the salaries now paid, and to By Mr. Papy of Monroe-forthwith withdraw from the consideration of the Legislature H J. R. No. 153-A joint resolution proposing an amend-any and all requests sponsored by them for the adoption of ment to Article V of the Constitution of Florida, relating tolegislation to increase their salaries and to cease their lobbying the Judicial Department by adding thereto a section to befor such legislation, and those officials that are presently in known as Section 48 of Article V therein providing for anthe Capitol to return to their posts of duty and devote their additional Judicial Circuit of the Circuit Courts of Floridatime and efforts to the diligent and faithful discharge of the which shall be the Sixteenth Judicial Circuit and shall consistduties of their office to the end that the functions of govern- of Monroe County, Florida, and for the election of a State'sment may be efficiently and economically discharged and. Attorney and a Circuit Judge of such Circuit.at the same time, the financial demands upon the alreadyoverburdened taxpayer may be lightened rather than in- BE IT RESOLVED BY THE LEGISLATURE OF THEcreased. STATE OF FLORIDA:

(3) That the members of the Legislature be allowed, with- That the following amendment to Article V of the Consti-out influence from said officials, to determine what increase tution of Florida, by adding a section to be known as Sectionor decrease should be made in salaries now paid to elected 48 of said Article V, is hereby agreed to and shall be sub-officials without interference from said officials. mitted to the electors of the State of Florida for ratification

or rejection at the next general election to be held in 1950,(4) That this resolution is not intended to apply to or as followsto reflect upon those officials who have remained at theirposts and attended to the duties of their office. Section 48. There is created a Judicial Circuit of the State

of Florida, which is the Sixteenth Judicial Circuit and which(5) That copies of this resolution be transmitted to the shall consist of the County of Monroe and for which thereHouse of Representatives for its concurrence and that copies shall be elected one Circuit Judge and one State's Attorneybe forthwith delivered to representatives of the press for as provided by law.publication.

,-and respectfully requests the concurrence of the SenateRespectfully,thereinLAMAR BLEDSOE,

Chief Clerk House of Representatives. Respectfully,LAMAR BLEDSOE,And Senate Concurrent Resolution No. 178, contained in the Chief Clerk House of Representatives.above message, was referred to the Secretary of the Senate

as Ex Officio Enrolling Clerk, for enrolling. And House Joint Resolution No. 153, contained in the abovemessage, was read the first time in full and referred to theThe following Message from the House of Representatives Committee on Constitutional Amendments.was read:

Tallahassee, Florida, The following Message from the House of RepresentativesHon. Newman C. Brackin, Tallahassee, Florida,President of the Senate. April 20, 99.Sir: April 0, 1949r:

Hon. Newman C. Brackin,I am directed by the House of Representatives to inform President of the Senate.

the Senate that the House of Representatives has failed to Sir:

110O JOURNAL OF THE SENATE April 21,1949

I am directed by the House of Representatives to inform the House Concurrent Resolution No. 409-Senate that the House of Representatives has passed- A CONCURRENT RESOLUTION PROPOSING A WEL-

By Messrs. Melvin of Santa Rosa, Wise of Okaloosa and COME FROM THE 1949 FLORIDA LEGISLATURE TO THEBeasley of Walton- VETERANS OF FOREIGN WARS HOLDING THEIR CON-

VENTION IN MIAMI, FLORIDA, ON AUGUST 21, THROUGHH. B. No. 115-A bill to be entitled An Act to amend Chap- AUGUST 26, 1949.

ter 24167, Laws of Florida, Acts of 1947, being Section 27.19of 1947 Cumulative Supplement to Volume I of Florida Stat- WHEREAS, the Veterans of Foreign Wars was organized,utes, 1941, relating to Assistant State Attorneys, so as to pro- established, and chartered on September 23, 1899, at Colum-vide for an Assistant State Attorney for the First Judicial bus, Ohio; andCircuit of Florida.

WHEREAS, the national organization of Veterans of For-Also- eign Wars has chosen to commemorate its Golden Jubilee,

By the Committee on Judiciy ( - Fiftieth Anniversary, in Florida, the land of eternal sunshineBy the Committee on Judiciary (Civil)- and the world's playground; andH. B. No. 281-A bill to be entitled An Act relating to cer- WHEREAS, a convention of the Veterans of Foreign Wars

tiorari and the effect of the denial of a petition therefor. i WHEREAS, a convention of and the chVeterans of Foreign Warsmi,

-and respectfully requests the concurrence of the Senate Florida, for a convention site highly honors this state; andtherein. WHEREAS, this convention will call to the attention of

Respectfully, many high governmental officials the beauty and value ofLAMAR BLEDSOE, this golden state of ours, and will bring into its hospitable

Chief Clerk House of Representatives, boundaries thousands of visitors who will delight in itsscenic wonders and glorious climate; and

And House Bill No. 115, contained in the above Message,was read the first time by title only and referred to the WHEREAS, the eyes of the nation will be focused on Miami,Committee on Judiciary "A" and the Committee on Population. Florida, from August 21, 1949. through August 26, 1949; Now,

therefore,And House Bill No. 281, contained in the above Message,

was read the first time by title only and referred to the BE IT RESOLVED BY THE HOUSE OF REPRESENTA-Committee on Judiciary "C". TIVES OF THE STATE OF FLORIDA, THE SENATE CON-

CURRING:The following message from the House of Representatives

was read: Section 1. That the 1949 Legislature of the State of Floridaextends a most hearty welcome to the visitors to the Na-

Tallahassee, Florida, tional Convention at Miami, Florida, and does extend to theApril 20, 1949. Veterans of Foreign Wars its most sincere congratulations

Hon. Newman C. Brackin, and best wishes on its Golden Jubilee, and hopes that theirPresident of the Senate. visit will be a pleasant one.Sir-

Section 2. The 1949 Legislature extends to the VeteransI am directed by the House of Representatives to inform the of Foreign Wars its most sincere congratulations and best

Senate that the House of Representatives has passed- wishes on its Golden Jubilee, and feels singularly honored

By Mr. Sanders of St. Lucie- that Florida was chosen as the site for its celebration.

H. B. No. 46-A bill to be entitled An Act providing for the Section 3. That a copy of this resolution be sent to thecancellation of all Delinquent State, County and North Saint President of the United States, to the Governor of Florida,Lucie River Drainage District Taxes against all lands situated the Commander in Chief of the Veterans of Foreign Wars,within the Boundaries of the City of Fort Pierce, Florida, and and other officials of the states and the nation.owned by the City of Fort Pierce, Florida, on the date thisAct becomes effective. Fort ierce lorida on the date this And respectfully requests the concurrence of the Senate

therein.Proof of Publication attached. Respectfully,

-and respectfully requests the concurrence of the Senate LAMAR BLEDSOE,therein. Chief Clerk House of Representatives.

Respectfully, And House Concurrent Resolution No. 409, contained inLAMAR BLEDSOE, the above message, was read the first time in full.

Chief Clerk House of Representatives. , . , ,,,^, , , .Chief Clerk House of Representatives. Senator Beacham moved that the rules be waived andProof of publication of Notice was attached to House Bill House Concurrent Resolution No. 409 be placed on the

No. 46 when it was introduced in the Senate, and evidence Calendar of Bills on Second Reading, without reference.that such Notice has been published was established by theSenate, as required by Section 21, Article III of the Consti- Which was agreed to by a two-thirds vote and it was sotutior. of the State of Florida. ordered.

And House Bill No. 46, contained in the above Message, was The following Message from the House of Representativesread the first time by title only and placed on the Calendar ot was read:Local Bills on Second Reading. Tallahassee, Florida,

The following message from the House of Representatives April 21, 1949.was read: Hon. Newman C. Brackin,

Tallahassee, Florida, President of the Senate.April 20, 1949. Sir:

Hon. Newman C. Brackin, I am directed by the House of Representatives to informPresident of the Senate. the Senate that the House of Representatives has passed-Sir:

By Messrs. Clement, McClure and Schuh of Pinellas-I am directed by the House of Representatives to inform the

Senate that the House of Representatives has adopted- H. B. No. 128-A bill to be entitled An Act amending Sec-tion 735.04, Florida Statutes, 1941, as set out in Section 2 ol

By Messrs. Bollinger and Elliott of Palm Beach, Okell, Chapter 23716, Laws of Florida, Acts of 1947, relating to theLantaff and Stockdale of Dade, Schuh of Pinellas, Botts of Florida Probate Law, when administration unnecessary.Escambia, Odham of Seminole, McMullen and Moody ofHillsborough and MacWilliam of Indian River- Also-

April 21,1949 JOURNAL OF THE SENATE 111

By Mr. Bridges of Calhoun- And House Bill No. 62, contained in the above Message,was read the first time by title only and referred to thleH. B. No. 133-A bill to be entitled An Act providing for Committee on Judiciary "B".

the relief of Emory Bridges from Capital Outlay Funds accru-ing for use in Calhoun County. And House Bill No. 106, contained in the above Message,

was read the first time by title only and referred to theAlso- Committee on Judiciary "C".- By Mr. Cobb of Volusia- Senator Baker moved that a committee be appointed to

H. B. No. 144-A bill to be entitled An Act relating to the escort Honorable A. Syd Herlong, member of Congress fromH B.No 44- binto e etitld A Ae reltin todhe the 5th Congressional District of Florida, to a seat o hregistration of trade-marks and trade names; to define trade- the 5th Congressional District of Florida, to a seat on themark and trade name; to provide for the term of existence; rostrum.for re-registration; for cancellation, transfer or assignment; Which was agreed tofor a filing fee: the filing of an annual report; procedur efor equitable relief and damages; exemptions: to repeal all The President appointed Senators Baker, Ayers and Rodgerslaws in conflict herewith. as the committee.

-and respectfully requests the concurrence of the Senate The following Message from the House of Representativestherein. was read:

Respectfully, Tallahassee, Florida,LAMAR BLEDSOE, April 21, 1949.

Chief Clerk House of Representatives. Hon. Newman C. Brackin,President oj the Senate.And House Bill No. 128, contained in the above Message, PSir ent of the enate

was read the first time by title only.I am directed by the House of Representatives to inform theSenator Baynard moved that the rules be waived and House Senate that the House of Representatives has passed-

Bill No. 128 be placed on the Calendar of Bills on SecondReading, without reference. By Senator McArthur-

Which was agreed to by a two-thirds vote and it was so S. B. No. 36-A bill to be entitled An Act to amend Sectionordered. 11.07, Florida Statutes, 1941, relating to the enrollment of

House or Senate bills; and providing that bills may be enrolledAnd House Bill No. 133, contained in the above Message, by photographing.was read the first time by title only and referred to theCommittee on Pensions and Claims. Respectfully,

LAMAR BLEDSOE,And House Bill No. 144, contained in the above Message, Chief Clerk House of Representatives.

was read the first time by title only and referred to theCommittee on Judiciary "B". And Senate Bill No. 36,. contained in the above Message,

was referred to the Secretary of the Senate as Ex OfficioThe following Message from the House of Representatives Enrolling Clerk for enrolling.was read:

The following Message from the House of RepresentativesTallahassee, Florida, was read:

April 21, 1949.Tallahassee, Florida,Hon. Newman C. Brackin, April 21, 1949.

President of the Senate.Sir: Hon. Newman C. Brackin,

President of the Senate.I am directed by the House of Representatives to inform Sir:the Senate that the House of Representatives has passed- '

I am directed by the House of Representatives to inform theBy Mr. Simpson of Jefferson- Senate that the House of Representatives has passed-H. B. No. 22-A bill to be entitled An Act fixing the per diem By Messrs. McClure, Schuh and Clement of Pinellas-

and traveling expenses of State officers and employees whentraveling on State business. H. B. No. 155-A bill to be entitled An Act in relation to

proceedings upon writs of quo warranto, informations inAlso- the nature of quo warranto, or civil actions to obtain the

remedies obtainable by such proceedings, to test the validityBy Mr. Andrews of Orange- of Municipalities and the exercise of their Municipal franchises.

H. B. No. 62-A bill to be entitled An Act amending Section Also-701.04, Florida Statutes, 1941, relating to cancellation of mort-gages, liens and judgments. By Mr.. McMullen of Hillsborough-

Also- H. B. No. 188-A bill to be entitled An Act to authorize oneof whom a bond, undertaking or other obligation is required,

By Mr. Surles of Polk- to enter into agreements with his surety or sureties for thedeposit of moneys and assets for which they are responsibleH. B. No. 106-A bill to be entitled An Act to extend the with a bank, savings bank, safe-deposit or trust company

time within which certain registrants who had commenced or with other depository approved by the Court for safe-their preparation for the State bar examination for admis- keeping, and in such manner as to prevent withdrawal ofsion to practice law before the adoption of amendment to such money or assets without the written consent of suchRule 1 by the Supreme Court on December 9, 1941, relative surety or sureties or an order of Court; and providing thatto admission of attorneys to the practice of law. such agreement shall not release the liability of the principal

„_,., ,, ,, . .. ~~~~~~~or sureties under the terms of said bond.-and respectfully requests the concurrence of the Senate or sureties under the terms of said bond.therein. Also-

Respectfully, By Mr Morgan of Duval-LAMAR BLEDSOE,

Chief Clerk House of Representatives H. B. No. 193-A bill to be entitled An Act authorizing theCounty Commissioners of those Counties in the State of Flor-

And House Bill No. 22, contained in the above Message. ida where the sale of intoxicating liquors is permitted, andwas read the first time by title only and referred to the who are authorized to establish or have established Zoning andCommittee on Appropriatiors. Planning Boards, to determine the distance from churches

112 JOURNAL OF THE SENATE April 21, 1949and schools within which intoxicating liquors may be sold Respectfullyin those areas within said Counties outside the limits of incor- LAMAR BLEDSOEporated cities and towns that are now, or which may hereafter Chief Clerk House of Representatives.be, designated or zoned for business purposes; providing thatsuch distance so determined shall not be less than the dis- And House Concurrent Resolution No. 427, contained in thetance established by ordinance in the County Seats of the above Message, was read the first time in full.respective Counties in which County Commissioners exercisesuch authority, or not more than the distance established Senator Sturgis moved that the rules be waived and Houseby general law in the absence of any such authority being Concurrent Resolution No. 427 be read the second time inexercised by the County Commissioners. full and put upon its adoption.

-and respectfully requests the concurrence of the Senate Which was agreed to by a two-thirds vote.therein. And House Concurrent Resolution No. 427 was read the

Respectfully, second time in full.LAMAR B rkSOE, of Representatives The question was put on the adoption of the Resolution.Chief Clerk House of Representatives.

And House Bill No. 155, contained in the above Message, Which was agreed to.was read the first time by title only and referred to the Com- And House Concurrent Resolution No. 427 was adopted andmittee on Judiciary "B". the action of the Senate was ordered certified to the House

And House Bill No. 188, contained in the above Message,was read the first time by title only and referred to the Com- The following message from the House of Representatives

was read the first time by title only and referred to the Com- April 21, 1949mittee on Temperance.Hon. Newman C. Brackin,

The following Message from the House of Representatives President of the Senate.was read: Sir:

Tallahassee, Florida, I am directed by the House of Representatives to informApril 21, 1949. the Senate that the House of Representatives has passed-

Hon. Newman C. Brackin, By Messrs. Andrews and Thornal of Orange-President of the Senate.Sir: H. B. No. 221-A bill to be entitled An Act applying only

to Orange County, Florida, regulating and caring for childrenI am directed by the House of Representatives to inform the away from their parents or guardians and including care forSenate that the House of Representatives has adopted- pregnant females and provision for infants by private persons~By Mr.~ Bryant of Marion-~ and institutions in connection therewith. To provide that theBy Mr. Bryant of Marion- State Welfare Board shall establish and administer reasonableHouse Concurrent Resolution No. 427: rules and regulations, including minimum standards of care

for such enterprises, and requiring those engaged in same toCONCURRENT RESOLUTION COMMENDING UNIT procure a license which shall be subject to revocation underLEADERS OF BOY SCOUTS OF AMERICA. certain conditions.

WHEREAS. almost 3000 Unit Leaders of the Boy Scout Proof of publication attached.Movement throughout the State of Florida are rendering in-valuable service to our youth, serving as Cubmasters, Scout- Also-masters, and Senior Scout Leaders in Florida; andmasters, and Senior Scout Leaders in Florida; and By Messrs. Moody, Branch and McMullen of Hillsborough-

WHEREAS, a national movement under the caption"Strengthen the Arm of Liberty" was launched on February H. B. No. 222-A bill to be entitled An Act authorizing and12, 1949, one aim in this program being to give recognition empowering the Board of County Commissioners of Hillsbor-and express gratitude to, and the appreciation of the people ough County to levy a tax not to exceed two mills per annumof America for, the faithful and effective work of the Unit for not more than four consecutive years for the purpose ofLeaders of the Boy Scout Movement; and raising funds for the acquisition of land and the construction,

repairing and equipping of a Court House or addition theretoWHEREAS, some 3000 of our youth of the State of Florida in Hillsborough County, Florida, and authorizing the issuanceare enrolled in Boy Scout Units and are receiving daily bene- of revenue certificates to be paid from the proceeds of suchfits from the unselfish service and sacrifices of the Unit Lead- tax, and further authorizing the use of any funds heretoforeers of the Boy Scout Movement: collected for the erection of a Courthouse for any of the pur-

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE poses set forth in this Act.OF REPRESENTATIVES OF FLORIDA, THE SENATE CON- Proof of publication attached.CURRING:

Also-That it is the sense of the Legislature that the State of

Florida and all its citizens are grateful beyond their means to By Messrs. Moody, Branch and McMullen of Hillsborough-express for the unselfish, sacrificial and beneficial services ofthe Cubmasters, Scoutmasters, and Senior Scout Leaders of H. B. No. 225-A bill to be entitled An Act authorizing andthe Boy Scouts of America, and empowering the Board of County Commissioners of Hillsbor-

ough County, Florida. to purchase or condemn lands to beBE IT FURTHER RESOLVED: used for any necessary public purpose and to make it lawfulfor said County to deed said land or any part thereof to theThat the people of the State of Florida pay tribute to the Government of the United States or any branch thereof or toUnit Leaders of this great Movement and urge every true the State of Florida or any branch thereof as an aid to anycitizen of Florida to give full cooperation to the crusade to of said governmental organizations in carrying out any public"Strengthen the Arm of Liberty" to the end that Florida will purposes thereof, and providing for the title to any propertybe a better State and scouting give to America and the world deeded to any such organization to revert to the County uponthe best possible caliber of adult leaders doing the best pos- failure of said property being used for public purposes.sible program in behalf of the greatest number of youth in

the history of scouting in America. Proof of publication attached.-and respectfully requests the concurrence of the Senate And respectfully requests the concurrence of the Senatetherein. therein.

April 21, 1949 JOURNAL OF THE SENATE 113

Respectfully, Senator Mathews moved that the rules be waived and HouseLAMAR BT.EDSOE, Bill No. 118 be read the second time by title only.

Chief Clerk House of Representatives.Which was agreed to by a two-thirds vote.

Proof of publication of Notice was attached to House BillNo. 221 when it was introduced in the Senate, and evidence And House Bill No. 118 was read the second time by titlethat such Notice has been published was established by the only.Senate, as required by Section 21, Article IfII of the Consti- Senator Mathews moved that the rules be further waivedtution of the State of Florida. and House Bill No. 118 be read the third time in full and put

Proof of publication of Notice was attached to House Bill upon its passage.No. 222 when it was introduced in the Senate, and evidence Which was agreed to by a two-thirds vote.that such Notice has been published was established by theSenate, as required by Section 21, Article III of the Consti- And House Bill No. 118 was read the third time in full.tution of the State of Florida. Upon the passage of House Bill No. 118 the roll was called

Proof of publication of Notice was attached to House Bill and the vote was:No. 225 when it was introduced in the Senate, and evidence Yeas-38that such Notice has been published was established by theSenate, as required by Section 21, Article III of the Consti- Mr. President Collins Lindler Sheldontution of the State of Florida. Alford Crary Mathews Shivers

Ayers Davis McArthur SmithHouse Bills Nos. 221, 222 and 225, contained in the above Baker Franklin Moore Sturgis

message, were read the first time by titles only and placed Baynard Gautier Pearce Tuckeron the Calendar of Local Bills on Second Reading. Beacham Getzen Pope Walker

Beall Johns Ray WilsonThe following message from the House of Representatives Boyle Johnston Rodgers Wright

was read: Carroll King Sanchez

Tallahassee, Florida, Clarke Leaird ShandsApril 21, 1949 Nays-None

Hon. Newman C. Brackin, So House Bill No. 118 passed, title as stated, and the actionPresident of the Senate. of the Senate was ordered certified to the House of Repre-Sir: sentatives.

I am directed by the House of Representatives to inform the Proof of publication of Notice was attached to House BillSenate that the House of Representatives has passed- No. 154 when it was introduced in the Senate, and evidence

that such Notice has been published was established by theBy Mr. Morgan of Duval- Senate, as required by Section 21, Article III of the Constitu-H. B. No. 118-A bill to be entitled An Act relating to the tion of the State of Florida.

taking of fish in the salt waters of Duval County, Florida, And House Bill No. 154, contained in the above message,and prescribing the kind of nets that may be used for the was read the first time by title only.taking of mullet in said waters.

Senator Carroll moved that the rules be waived and HouseProof of Publication Attached. Bill No. 154 be read the second time by title only.Also- Which was agreed to by a two-thirds vote.

By Mr. Hendry of Okeechobee- And House Bill No. 154 was read the second time by title

H. B. No. 154-A bill to be entitled An Act fixing the com- onlypensation of the County Prosecuting Attorney of Okeechobee Senator Carroll moved that the rules be further waivedCounty, Florida, and providing for the method of payment of and House Bill No. 154 be read the third time in full andsuch compensation. put upon its passage.

Proof of Publication Attached. Which was agreed to by a two-thirds vote.

Also- And House Bill No. 154 was read the third time in full.

By Messrs. Courtney and Mathis of Bay- Upon the pasage of House Bill No. 154 the roll was calledand the vote was:

H. B. No. 198-A Dill to be entitled An Act to authorize andempower the Board of County Commissioners of Bay County, Yeas-38Florida, to appropriate and pay the sum of not exceeding Mr. President Collins Lindler Sheldonthree thousand ($3,000.00) dollars per annum as compensation Alford Crary Mathews Shiversfor an accredited librarian employed by the Bay County Public Ayers Davis McArthur SmithLibrary Association; and to authorize and empower the Board Baker Franklin Moore Sturgisof County Commissioners of Bay County, Florida, to take Baynard Gautier Pearce Tuckerfrom the general fund of Bay County, Florida, all funds neces- Beacham Getzen Pope Walkersary to carry out this Act. Beall Johns Ray Wilson

Boyle Johnston Rodgers WrightProof of Publication Attached. Carroll King Sanchez

-and respectfully requests the concurrence of the Senate Clarke Leaird Shandstherein. Nays-None

Respectfully, So House Bill No. 154 passed, title as stated, and the actionLAMAR BLEDbOE, of the Senate was ordered certified to the House of Repre-

Chief Clerk House of Representatives. sentatives.

Proof of publication of Notice was attached to House Bill Proof of publication of Notice was attached to House BillNo. 118 when it was introduced in the Senate, and evidence that No. 198 when it was introduced in the Senate, and evidencesuch Notice has been published was established by the Senate, that such Notice has been published was established by theas required by Section 21, Article III of the Constitution of the Senate, as required by Section 21, Article III of the Consti-State of Florida. tution of the State of Florida.

And House Bill No. 118, contained in the above message, And House Bill No. 198, contained in the above Message,was read the first time by title only. was read the first time by title only.

114 JOURNAL OF THE SENATE April 21, 1949

Senator Shivers moved that the rules be waived and House that such Notice has been published was established by theBill No. 198 be read the second time by title only. Senate, as required by Section 21, Article III of the Constitution

Which was agreed to by a two-thirds vote. of the State of Florida.Proof of publication of Notice was attached to House BillAnd House Bill No. 198 was read the second time by title No. 95 when it was introduced in the Senate, and evidence

only. that such Notice has been published was established by theSenator Shivers moved that the rules be further waived and Senate, as required by Section 21, Article III of the Constitution

House Bill No. 198 be read the third time in full and put of the State of Florida.upon its passage. And House Bills Nos. 87 and 95, contained in the above

Which was agreed to by a two-thirds vote. Message, were read the first time by titles only and placedon the Calendar of Local Bills on Second Reading, without

And House Bill No. 198 was read the third time in full. reference.

Upon the passage of House Bill No. 198 the roll was called Proof of publication of Notice was attached to House Billand the vote was: No. 99 when it was introduced in the Senate, and evidence

that such Notice has been published was established by theYeas-38 Senate, as required by Section 21, Article III of the ConstitutionMr. President Collins Lindler Sheldon of the State of Florida.Alford Crary Mathews Shivers And House Bill No. 99, contained in the above Message, wasAyers Davis McArthur Smith read the first time by title only.Baker Franklin Moore SturgisBaynard Gautier Pearce Tucker Senator Pope moved that the rules be waived and HouseBeacham Getzen . Pope Walker Bill No. 99 be read the second time by title only.Beall Johns Ray WilsonBoyle Johnston Rodgers Wright Which was agreed to by a two-thirds vote.Carroll King SanchezClarke Leaird Sanhez And House Bill No. 99 was read the second time by title only

Nays-None Senator Pope moved that the rules be further waived andHouse Bill No. 99 be read the third time in full and put upon

So House Bill No. 198 passed, title as stated, and the action its passage.of the Senate was ordered certified to the House of Repre-sentatives. Which was agreed to by a two-thirds vote.

The following Message from the House of Representatives And House Bill No. 99 was read the third time in full.was read: Upon the passage of House Bill No. 99 the roll was called

Tallahassee, Florida, and the vote was:April 21, 1949. vpas-3a

Hon. Newman C. Brackin, April 21, 1949. Yeas-38President of the Senate. Mr. President Collins Lindler SheldonSir: Alford Crary Mathews Shivers

Ayers Davis McArthur SmithI am directed by the House of Representatives to inform the Baker Franklin Moore SturgisSenate that the House of Representatives has passed- Baynard Gautier Pearce Tucker

By Mr. Williams of Hardee- Beacham Getzen Pope WalkerBeall Johns Ray Wilson

H. B. No. 87-A bill to be entitled An Act creating the Boyle Johnston Rodgers Wrightelective office of County School Board Attorney in and for Carroll King SanchezHardee County, Florida; fixing the term of said office and the Clarke Leaird Shandsmethod of filling same; prescribing the duties of said CountySchool Board Attorney and prescribing his salary.Nays-

Proof of Publication attached. So House Bill No. 99 passed, title as stated, and the actionof the Senate was ordered certified to the House of Repre-

Also- sentatives.

By Mr. Williams of Hardee- The following message from the House of RepresentativesH. B. No. 95-A bill to be entitled An Act relating to the was read:

nomination and election of County Commissioners of Hardee Tallahassee, Florida,County, Florida: providing for the nomination by the quali- April 21, 1949.flied electors within the several and respective County Cor- Hon. Newman C. Brackin,missioner Districts in said county; repealing Chapter 24548, Preszdent of the Senate.Laws of Florida, 1947, providing for the nomination and elec- Sirtion of such County Commissioners by the county at large.

I am directed by the House of Representatives to informProof of Publication attached. the Senate that the House of Representatives has passed-Also- By Mr. Williams of Hardee-

By Mr. Cook of Flagler- H. B. No. 84-A bill to be entitled An Act to organize andH. B. No. 99-A bill to be entitled An Act to prohibit the establish a County Court in and for the County of Hardee; to

taking of fish, with certain nets, from the inland salt waters prescribe the terms thereof, to prescribe its jurisdiction andlocated in Flagler County, Florida. powers, to provide that the County Judge of Hardee County

shall be the judge thereof, to provide for a Prosecuting Attor-Proof of Publication attached. ney of said court, fixing the compensation of the Judge and

-and respectfully requests the concurrence of the Senatetherein. Proof of publication attached.

Respectfully, Also-LAMAR BLEDSOE,

Chief Clerk House of Representatives. By Mr. Williams of Hardee-

Proof of publication of Notice was attached to House Bill H. B. No. 85-A bill to be entitled An Act providing for aNo. 87 when it was introduced in the Senate, and evidence pension system for certain officers and employees of the City

April 21,1949 JOURNAL OF THE SENATE 115

of Wauchula, Florida; creating a pension board of said city mortgage loans on improved property within the Town ofproviding pensions for certain retired and disabled officers Palm Beach, Florida; limiting the amount of such invest-and employees of said city; creating a retirement fund and ments, and providing for restrictions and regulations in mak-making provisions for contributions into same by officers and ing mortgage loans and in purchasing tax certificates; re-employees of said city participating in the benefits of said fund pealing all laws in conflict herewith, and providing whenand by the City of Wauchula and for payments to pensioners this law shall become effective.from same; providing for the investment of funds held insuch retirement fund; providing that the provisions of this Proof of publication attached.Act shall not apply to members of the city council; providing Also-for the administration of the provisions of this Act; and repeal-ing all Acts or parts of Acts in conflict with the provisions of By Mr. Cook of Flagler-this Act.

H. B. No. 81-A bill to be entitled An Act relating to theProof of publication attached. compensation of the county judge for services performed inAlso- suits or proceeding and in criminal cases before the county

judge's court in Flagler County, Florida.By Mr. Williams of Hardee-

Proof of publication attached.H. B. No. 86-A bill to be entitled An Act creating the

elective office of County Attorney in and for Hardee County, and respectfully requests the concurrence of the SenateFlorida; fixing the term of said office and the method of therem-filling same; prescribing the duties of said County Attorney Respectfully,and prescribing his salary. LAMAR BLEDSOE,

Chief Clerk, House of Representatives.Proof of publication attached.

Proof of publication of Notice was attached to House Bill-and respectfully requests the concurrence of the Senate No. 45 when it was introduced in the Senate, and evidence

therein. that such Notice has been published was established by theo,,,,,Respectfully, Senate, as required by Section 21, Article III of the Constitu-

LAMAR BLEDSOE, tion of the State of Florida.Chief Clerk House of Representatives. And House Bill No. 45, contained in the above Message,

was read the first time by title only and placed on theProof of publication of Notice was attached to House Bill Calendar of Local Bills on Second Reading, without reference.

No. 84 when it was introduced in the Senate, and evidencethat such Notice has been published was established by the Proof of publication of Notice was attached to House BillSenate, as required by Section 21, Article mi of the Constitu- No. 50 when it was introduced in the Senate, and evidencetion of the State of Florida. that such Notice has been published was established by the

Senate, as required by Section 21, Article III of the Constitu-Proof of publication of Notice was attached to House Bill tion of the State of Florida.

No. 85 when it was introduced in the Senate, and evidencethat such Notice has been published was established by the And House Bill No. 50, contained in the above Message,Senate, as required by Section 21, Article :II of the Constitu- was read the first time by title only.tion of the State of Florida.

Senator Beacham moved that the rules be waived and HouseProof of publication of Notice was attached to House Bill Bill No. 50 be read the second time by title only.

No. 86 when it was introduced in the Senate, and evidencethat such Notice has been published was established by the Which was agreed to by a two-thirds vote.Senate, as required by Section 21, Article III of the Constitu- And House Bill No. 50 was read the second time by titletion of the State of Florida. only.

And House Bills Nos. 84, 85 and 86, contained in the above Senator Beacham moved that the rules be further waivedMessage, were read the first time by titles only and placed on and House Bill No. 50 be read the third time in full and putthe Calendar of Local Bills on Second Reading. upon its passage.

The following Message from the House of Representatives Which was agreed to by a two-thirds vote.was read:

And House Bill No. 50 was read the third time in full.Tallahassee, Florida,

April 21, 1949. Upon the passage of House Bill No. 50 the roll was calledHon. Newman C. Brackin, and the vote was:President of the Senate. Yeas-38Sir: -

I am directed by the House of Representatives to inform Alford Crarys Lindler Sheldonthe Senate that the House of Representatives has passed- Ayers Davis McArthur Smith

Baker Franklin Moore SturgisBy Mr. Saunders, of St. Lucie- Baynard Gautier Pearce Tucker

H. B. No. 45-A bill to be entitled An Act to amend Section Beacham Getzen Pope Walker8 (a) and Section 13 (a) of Chapter 23296, Special Laws of Beall Johns Ray WilsonFlorida, Acts of 1945, relating to who shall be members of Boyle Johnston Rodgers Wrightthe Civil Service of the City of Fort Pierce, and providing Carroll King Sanchezfor the procedure for discharge or suspension of employees Clarke Leaird Shandswho are members of Civil Service and suspension of pay of Nays-Noneemployees upon charges being preferred.

So House Bill No. 50 passed, title as stated, and the actionProof of publication attached. of the Senate was ordered certified to the House of Repre-Also- sentatives.

Proof of publication of Notice was attached to House BillBy Mr. Bollinger of Palm Beach- No. 81 when it was introduced in the Senate, and evidence

that such Notice has been published was established by thearH. B. No. 50-A bill to be enttled An At authorizing the Senate, as required by Section 21, Article III of the Consti-Board of Trustees of the Town of Palm Beach Employees Re- tution of the State of Florida.

tirement System to invest funds belonging to said retirementsystem in tax sales certificates of the Town of Palm Beach, And House Bill No. 81, contained in the above message,Florida, and the County of Palm Beach, Florida, and in first was read the first time by title only.

116 JOURNAL OF THE SENATE April21, 1949

Senator Pope moved that the rules be waived and House and to provide for its jurisdiction, powers and privileges, passedBill No. 81 be read the second time by title only. at the regular session of the Legislature, A. D. 1947.

Which was agreed to by a two-thirds vote. Proof of publication attached.

And House Bill No. 81 was read the second time by title And respectfully requests the concurrence of the Senateonly. therein.

Senator Pope moved that the rules be further waived and Respectfully,House Bill No. 81 be read the third time in full and put upon LAMAR BLEDSOEits passage. Chief Clerk, House of Representatives.

Which was agreed to by a twc-thirds vote. Proof of publication of Notice was attached to House BillNo. 25 when it was introduced in the Senate, and evidence

And House Bill No. 81 was read the third time in full. that such Notice has been published was established by theUpon the passage of House Bill No. 81 the roll was called Senate. as required by Section 21, Article III of the Consti-

Upon the passage of House Bill No. 81 the roll was called tion of the State of Florida.and the vote was:

Proof of publication of Notice was attached to House BillYeas-38 No. 43 when it was introduced in the Senate. and evidence

Mr. President Collins Lindler Sheldon that such Notice has been. published was established by theAlf ord Crary Mathews Shivers Senate, as required by Section 21, Article III of the Consti-

Ayers Davis McArthur Smith tution of the State of Florida.

Baker Franklin Moore Sturgis Proof of publication of Notice was attached to House BillBaynard Gautier Pearce Tucker No. 44 when it was introduced in the Senate, and evidenceBeacham Getzen Pope Walker that such Notice has been published was established by theBeall Johns Ray Wilson Senate, as required by Section 21, Article III of the Consti-Boyle Johnston Rodgers Wright tution of the State of Florida.Carroll King SanchezClarke Leaird Shands And House Bills Nos. 25, 43 and 44, contained in the above

Message, were read the first time by titles only and placedNays-None on the Calendar of Local Bills on Second Reading.

So House Bill No. 81 passed, title as stated, and the action The following Message from the House of Representativesof the Senate was ordered certified to the House of Repre- was read:sentatives.

Tallahassee, Florida,The following message from the House of Representatives April 21, 1949.

was read:Hon. Newman C. Brackin,

Tallahassee, Florida, President of the Senate.April 21, 1949. Sir:

Hon. Newman C. Brackin, I am directed by the House of Representatives to inform thePresident of the Senate. Senate that the House of Representatives has passed-Sir: By Mr. Slaughter of Suwannee-

I am directed by the House of Representatives to informthe Senate that the House of Representatives has passed- H. B. No. 364-A bill to be entitled An Act relating to the

empowering of County Commissioners of Suwannee County,

By Mr. Smith of Polk- Florida, to levy special tax upon all taxable property for fi-nancing Suwannee County Fair and Fat Stock Exposition;

H. B. No. 25-A bill to be entitled An Act requiring the re- special tax to be disbursed through the Board of Directorsregistration of the qualified electors of the City of Haines of the Suwannee Resources, Incorporated: authorizing boardCity, Florida, during the year 1949, in the manner prescribed to accept donations for maintenance of exposition.by Section 173 of the City Charter (Chapter 12790, Laws ofFlorida, Special Acts of 1927), providing for re-registration Proof of Publication attached.of qualified electors by ordinance thereafter, providing for thevoiding of existing registration lists and books, and repealing Also-all laws or parts of law in conflict herewith. By M Slaughter of Suwannee-

Proof of publication attached. H. B. No. 365-A bill to be entitled An Act to provide for

Also- nomination in primaries of candidates for office of CountyCommissioners by voters of county at large, in Suwannee

By Mr. Saunders, of St. Lucie- County, Florida.

H. B. No. 43-A bill to be entitled An Act to amend Sections Proof of Publication attached.106 and 107 of House Bill No. 965, which became effectivewithout the approval of the Governor on June 16, 1947, en- Also-titled An Act to abolish the present municipal government ofthe City of Fort Pierce, in the County of Saint Lucie, Florida, By Mr. Slaughter of Suwannee-

*; ~ and to establish, organize and constitute a municipality to be entitled An Act to authorize and

known as City of Fort Pierese, and to define its territoria empower the Board of County Commissioners of Suwanneeboundaries, and to provide Cor its jurisdiction, powers and ounty- State of Florida, to annually appraise and fix theprivil eges. value of all county lands acquired for delinquent taxes, with-

Proof of publication attached. out regard to last assessed value.

Also- Proof of Publication attached.

By Mr. Saunders, of St. Lucie- -and respectfully requests the concurrence of the Senate

H. B. No. 44-A bill to be entitled An Act to amend Section132 of House Bill No. 965 which became effective without the Respectfully,approval of the Governor on June 16, 1947, entitled An Act LAMAR BLEDSOE,to abolish the present municipal government of the City of Chief Clerk House of Representatives.Fort Pierce, in the County of Saint Lucie, Florida, and to es-tablish, organize and constitute a municipality to be known Proof of publication of Notice was attached to House Billas City of Fort Pierce, and to define its territorial boundaries, No. 364 when it was introduced in the Senate, and evidence

April 21, 1949 JOURNAL OF THE SENATE 117

that such Notice has been published was established by the Which was agreed to by a two-thirds vote.Senate, as required by Section 21, Article III of the Consti-tution of the State of Florida. And House Bill No. 382 was read the second time by title

only.Proof of publication of Notice was attached to House Bill

No. 365 when it was introduced in the Senate, and evidence Senator Baynard moved that the rules be further waivedthat such Notice has been published was established by the and House Bill No. 382 be read the third time in full and putSenate. as required by Section 21, Article III of the Consti- upon its passage.tution of the State of Florida. Which was agreed to by a two-thirds vote.

Proof of publication of Notice was attached to House BillNo. 369 when it was introduced in the Senate, and evidence And House Bill No. 382 was read the third time in full.that such Notice has been published was established by the Upon the passage of House Bill No. 382 the roll was calledSenate, as required by Section 21, Article III of the Consti- and the vote was:tution of the State of Florida.

And House Bills Nos. 364, 365 and 369, contained in the above Yeas-38Message, were read the first time by titles only and placed on Mr. President Collins Lindler Sheldonthe Calendar of Local Bills on Second Reading. Alford Crary Mathews Shivers

Ayers Davis McArthur SmithThe following message from the House of Representatives Baker Fnklin Moore Sturgis

was read: Baynard Gautier Pearce TuckerTallahassee, Florida, Beacham Getzen Pope Walker

April 21, 1949 Beall Johns Ray WilsonBoyle Johnston Rodgers Wright

Hon. Newman C. Brackin, Carroll King SanchezPresident of the Senate. Clarke Leaird ShandsSir: Nays-None

I am directed by the House of Representatives to inform So House Bill No. 382 passed, title as stated, and the actionthe Senate that the House of Representatives has passed- of the Senate was ordered certified to the House of Repre-

By Messrs. Schuh, McClure and Clement of Pinellas- sentatives.

H. B. No. 382-A bill to be entitled An Act expressly auth- Proof of publication of Notice was attached to House Billorizing and empowering the City of St. Petersburg, by resolu- No. 384 when it was introduced in the Senate, and evidencetion or ordinance of the City Council or other governing body, that such Notice has been published was established by theto determine, fix, prescribe and establish, from time to time, Senate, as required by Section 21, Article mIf of the Constitu-the fiscal year of said City; repealing all laws or parts of laws tion of the State of Florida.in conflict herewith; and requiring the submission of this Actto the electorate of the City of St. Petersburg for its ap- And House Bill No. 384, contained in the above message,proval or rejection, and subject to said approval, providing was read the first time by title only.for the effective date of this Act. Senator Boyle moved that the rules be waived and House

Also- Bill No. 384 be read the second time by title only.

Which was agreed to by a two-thirds vote.By Messrs. Smith and Odham of Seminole-

H. B. No. 384-A bill to be entitled An Act providing for a And House Bill No. 384 was read the second time by titlere-registration of all voters for all elections to be held in the only-year 1950 in Seminole County, Florida; and providing for the Senator Boyle moved that the rules be further waived andtime of opening and closing the registration books, and pro Senator Boyle moved thatd the rules be further wad andviding that the registration for the year 1950 shall be a per-l and putmanent registration for all subsequent elections; and pro- upon ts passageviding for the registration of all voters for all elections sub- Which was agreed to by a two-thirds vote.sequent to the year 1950 in the office of the Supervisor ofRegistration only; and providing for the opening and closing And House Bill No. 384 was read the third time in full.of the registration books in the office of the Supervisor ofRegistration for all elections subsequent to the year 1950; and Upon the passage of House Bill No. 384 the roll was calledproviding for the form of registration blanks, type of binders and the vote was:for the permanent registration records and providing notice Yeas-38to the voters by the Supervisor of Registration as shown onthe books and requesting information pertinent thereto in the Mr. President Collins Lindler Sheldonyear 1954, and each four years thereafter and the return there- Alford Crary Mathews Shiversof by the voters and the penalty for failure to return said Ayers Davis McArthur Smithnotice with the requested information: providing for the fur- Baker Franklin Moore Sturgisnishing of the registration blanks and the permanent regis- Baynard Gautier Pearce Tuckertration binders by the County Commissioners; providing for Beacham Getzen Pope Walkerthe payment by the Board of County Commissioners of the Beall Johns Ray Wilsonexpense incidental to installing and maintaining said system; Boyle Johnston Rodgers Wrightand providing it shall not be necessary to publish certified Carroll King Sanchezlists of registered or qualified electors; and repealing all laws Clarke Leaird Shandsin conflict herewith.

Proof of publication attached. Nays-NoneSo House Bill No. 384 passed, title as stated, and the action

-and respectfully requests the concurrence of the Senate of the Senate was ordered certified to the House of Repre-therein. sentatives.

Respectfully, The following Message from the House of RepresentativesLAMAR BLEDSOE was read:

Chief Clerk, House of Representatives.Tallahassee, Florida,

And House Bill No. 382, contained in the above message, April 21, 1949.was read the first time by title only.

Hon. Newman C. Brackin,Senator Baynard moved that the rules be waived and President of the Senate.

House Bill No. 382 be read the second time by title only. Sir:

118 JOURNAL OF THE SENATE April 21,1949

I am directed by the House of Representatives to inform Also-the Senate that the House of Representatives has passed- By Mr. Slaughter of Suwannee-

By Mr. Slaughter of Suwannee-By Messrs. Luckie, Carlton and Morgan of Duval-

H. B. No. 248-A bill to be entitled An Act designating theH. B. No. 237-A bill to be entitled An Act authorizing the Office of Supervisor of Registration of Suwannee County,

Town of Atlantic Beach to issue and sell bonds and revenue State of Florida, in the County Court House, at Live Oak,certificates; and to repeal Section 39 of Chapter 13907, Laws Florida, as the sole and only place where those offering toof Florida, 1929, entitled "An Act to fix the territorial limits register to vote at any 'general, special or primary election,of the Town of Atlantic Beach, to provide for its government may register; and requiring the registration books of saidand prescribe its jurisdiction and powers," as amended b) County to, at all times, be kept at such place for such purpose.Section 4 of Chapter 21104, Laws of Florida, 1941.

Proof of publication attached.Proof of publication attached.

Also-Also-

By Messrs. Collins and Haley of Sarasota-By Messrs. Luckie, Carlton and Morgan of Duval-

H. B. No. 300-A bill to be entitled An Act fixing and allow-H. B. No. 238-A bill to be entitled An Act to amend Chapter ing the payment of an amount for the regular and necessary

13907, Laws of Florida, Special Acts of 1929, entitled "An traveling expenses of a recalled, retired Circuit Judge underAct to fix the territorial limits of the Town of Atlantic Beach, the Provisions of Section 46, Article V, of the Constitution ofto provide for its government and prescribe its jurisdiction Florida, while performing the functions of his office as suchand powers." by enlarging the territorial limits of said Town Judge in Sarasota County, and authorizing the paymentto include the part of the street or road known as the Plaza thereof from County funds.lying east of the street or road known as Old Sherry Drive.

Proof of publication attached.Proof of publication attached.

P-and respectfully requests the concurrence of the SenateAlso- therein.

By Messrs. Luckie, Carlton and Morgan of Duval- Respectfully,

H. B. No. 239-A bill to be entitled An Act to amend Chapter LAMAR BLEDSOE,10486, Laws of Florida, Acts of 1925, relating to portions of Chief Clerk, House of Representatives.the Beach of the Atlantic Ocean within Duval County, Florida,by authorizing the erecticOcnean withinDuval County, Florida, Proof of publication of Notice was attached to House Billagainst thoe ingtroads of the sean mitnceodf No. 247 when it was introduced in the Senate, and evidence

*agaist the Inroads of the sea.that such Notice has been published was established by theProof of publication attached. Senate, as required by Section 21, Article III of the Constitution

of the State of Florida.-and respectfully requests the concurrence of the Senatetherein. Proof of publication of Notice was attached to House Bill

No. 248 when it was introduced in the Senate, and evidenceRespectfully, that such Notice has been published was established by the

LAMAR BLEDSOE, Senate, as required by Section 21, Article HI of the ConstitutionChief Clerk, House of Representatives. of the State of Florida.

Proof of publication of Notice was attached to House Bill Proof of publication of Notice was attached to House BillNo. 237 when it was introduced in the Senate, and evidence No. 300 when it was introduced in the Senate, and evidencethat such Notice has been published was established by the that such Notice has been published was established by theSenate, as required by Section 21, Article III of the Constitu- Senate, as required by Section 21, Article III of the Constitutiontion of the State of Florida. of the State of Florida.

Proof of publication of Notice was attached to House Bill And House Bills Nos. 247, 248 and 300, contained in theNo. 238 when it was introduced in the Senate, and evidence above Message, were read the first time by titles only andthat such Notice has been published was established by the placed on the Calendar of Local Bills on Second Reading.Senate, as required by Section 21, Article III of the Constitu-tion of the State of Florida. The following Message from the House of Representatives

was read:Proof of publication of Notice was attached to House Bill

No. 239 when it was introduced in the Senate, and evidence Tallahassee, Florida,that such Notice has been published was established by the April 21, 1949.Senate, as required by Section 21, Article III of the Constitu-tion of the State of Florida. Hon. Newman C. Brackin,

President of the Senate.And House Bills Nos. 237, 238 and 239, contained in the Sir:

above Message, were read the first time by titles only andplaced on the Calendar of Local Bills on Second Reading. I am directed by the House of Representatives to inform

the Senate that the House of Representatives has passed-The following Message from the House of Representatives

was read: By Mr. Cook of Flagler-

Tallahassee, Florida, H. B. No. 310-A bill to be entitled An Act requiring theApril 21, 1949. electors of Flagler County, Florida, to re-register.

Hon. Newman C. Brackin, Proof of publication attached.President of the Senate.Sir: Also-

I am directed by the House of Representatives to inform By Messrs. Courtney and Mathis of Bay-the Senate that the House of Representatives has passed-

H. B. No. 316-A bill to be entitled An Act authorizing, em-By Mr. Slaughter of Suwannee- powering and directing the Board of County Commissioners

of Bay County, Florida, to pay over to the Board of PublicH. B. No. 247-A bill to be entitled An Act to fix the com- Instruction of said County and to the municipalities of Pana-

pensation of the members of the Board of County Commis- ma City and Lynn Haven in said County certain portions ofsioners of Suwannee County, State of Florida, and to fix the the money hereafter allocated and distributed to said Countycompensation of each member of said Board. by the State of Florida and derived from excise taxes now

levied and collected by said State from the operation of pari-Proof of Publication attached. mutuel pools, including all moneys resulting from Chapter

April 21, 1949 JOURNAL OF THE SENATE 119

14832, Laws of Florida, Acts of 1931, and all Acts amendatory Which was agreed to by a two-thirds vote.thereof and supplemental thereto.

And House Bill No. 316 was read the third time in full.Proof of publication attached.

Upon the passage of House Bill No. 316 the roll was calledAlso- and the vote was:

By Messrs. Courtney and Mathis of Bay- Yeas-38

H. B. No. 318-A bill to be entitled An Act to further amend Mr. President Collins Lindler SheldonSection 54 of Chapter 11678, Laws of Florida, 1925, (extra- Alford Crary Mathews Shiversordinary session) and to repeal Chapter 23463, Laws of Flor- Ayers Davis McArthur Smithida, 1945, by making further and other provisions with respect Baker Franklin Moore Sturgisto Municipal Court and the Judge thereof. Baynard Gautier Pearce Tucker

Beacham Getzen Pope WalkerProof of publication attached. Beall Johns Ray Wilson

-and respectfully requests the concurrence of the Senate Boyle oh King Sanchezs rlghttherein. Carroll King Sancheztherein. Clarke Leaird Shands

Respectfully, Nays-NoneLAMAR BLEDSOE,

Cnief Clerk, House of Representatives. So House Bill No. 316 passed, title as stated, and the actionof the Senate was ordered certified to the House of Repre-

Proof of publication of Notice was attached to House Bill sentatives.No. 310 when it was introduced in the Senate, and evidencethat such Notice has been published was established by the Proof of publication of Notice was attached to House BillSenate, as required by Section 21, Article III of the Consti- No. 318 when it was Introduced in the Senate, and evidencetution of the State of Florida. that such Notice has been published was established by the

And House Bill No. 310, contained in the above message, tution of the State of Florida.was read the first time by title only. tuton of the tate of Florda

And House Bill No. 318, contained in the above message,Senator Pope moved that the rules be waived and House was read the first time by title only.Bill No. 310 be read the second time by title only. was read the frst te by ttle only

*Which was agreed to by a two-thirds vote Senator Shivers moved that the rules be waived and HouseWhch was agreed to by a two-thrds vote. Bill No. 318 be read the second time by title only.

And House Bill No. 310 was read the second time by title Which was agreed to by a two-thirds vote.only.

Senator Pope moved that the rules be further waived and And House Bill No. 318 was read the second time by titleHouse Bill No. 310 be read the third time in full and put only.upon its passage. Senator Shivers moved that the rules be further waived

and House Bill No. 318 be read the third time in full andWhich was agreed to by a two-thirds vote, put upon its passage.

And House Bill No. 310 was read the third time in full. Which was agreed to by a two-thirds vote.

Upon the passage of House Bill No. 310 the roll was called And House Bill No. 318 was read the third time in full.and the vote was:

Yas-38 ,Upon the passage of House Bill No. 318 the roll was calledeas-38 and the vote was:Mr. President Collins Lindler Sheldon Yeas-38Alford Crary Mathews ShiversAyers Davis McArthur Smith Mr. President Collins Lindler SheldonBaker Franklin Moore Sturgis Alford Crary Mathews ShiversBaynard Gautier Pearce Tucker Ayers Davis McArthur SmithBeacham Getzen Pope Walker Baker Franklin Moore SturgisBeall Johns Ray Wilson Baynard Gautier Pearce TuckerBoyle Johnston Rodgers Wright Beacham Getzen Pope WalkerCarroll King Sanchez Beall Johns Ray WilsonClarke Leaird Shands Boyle Johnston Rodgers Wright

Carroll King SanchezNays-None Clarke Leaird ShandsSo House Bill No. 310 passed, title as stated, and the action Nays-None

of the Senate was ordered certified to the House of Repre-sentatives. So House Bill No. 318 passed, title as stated, and the action

of the Senate was ordered certified to the House of Repre-Proof of publication of Notice was attached to House Bill sentatives.

No. 316 when it was introduced in the Senate, and evidencethat such Notice has been published was established by the The following message from the House of RepresentativesSenate, as required by Section 21, Article III of the Consti- was read:tution of the State of Florida.

Tallahassee, Florida,And House Bill No. 316, contained in the above message, April 21, 1949

was read the first time by title only.Hon. Newman C. Brackin,

Senator Shivers moved that the rules be waived and House President of the Senate.Bill No. 316 be read the second time by title only. Sir:

Which was agreed to by a two-thirds vote. I am directed by the House of Representatives to informthe Senate that the House of Representatives has passed-And House Bill No. 316 was read the scond time by title

only. By Messrs. Courtney and Mathis of Bay-

Senator Shivers moved that the rules be further waived H. B. No. 320-A bill to be entitled An Act authorizing theand House Bill No. 316 be read the third time in full and put City Commission of the City of Panama City, Florida, toupon its passage. budget. aDDrooriate and exDend a sum not to ereePri fivp

120 JOURNAL OF THE SENATE April 21, 1949

thousand ($5,000.00) dollars annually for advertising, con- Proof of publication of Notice was attached to House Billventions and Chamber of Commerce activities. No. 323 when it was introduced in the Senate, and evidence

that such Notice has been published was established by theProof of publication attached. Senate, as required by Section 21, Article III of the Constitu-.ALs tion of the State of Florida.Also-

Proof of publication of Notice was attached to House BillBy Mr. Morgan of Duval- No. 362 when it was introduced in the Senate, and evidenceH. B. No. 323-A bill to be entitled An Act authorizing and that such Notice has been published was established by the

empowering the Board of County Commissioners of Duval Senate, as required by Section 21, Article III of the Constitu-County, Florida, to determine and pay to Community Presby- tion of the State of Florida.terian Church, a non-profit corporation of Atlantic Beach,Florida, the amount of taxes assessed for the year 1948 and And House Bill s Nos. 323 and 362, contained in the acebcollected on certain lands owned by said church. Message, were read the first time by titles only and placed

on the Calendar of Local Bills on Second Reading.Proof of publication attached. The following Message from the House of Representatives

Also- was read:

By Mr. Carlton of Duval- Tallahassee, Florida,April 21, 1949.

H. B. No. 362-A bill to be entitled An Act amending Chap-ter 23356, Laws of Florida, Acts of 1945 entitled, "An Act Hon. Newman C. Brackin,affecting the government of the City of Jacksonville by pro- President of the Senate.viding that any person who is on the effective date of this Sir:law in the service of said city and a member of any of itspension funds and entitled to participate in any of the bene- I am directed by the House of Representatives to informfits, rights, or privileges conferred by the pension fund or the Senate that the House of Representatives has passed-law of which such a person is a member, shall receive fullcredit for each and every period of time that such person By Senator Baker-was in the service of said city, regardless of whether such S. B. No. 76-A bill to be entitled An Act to abolish allservice was intermittent or otherwise," so as to change the Justice Districts in Lake County, Florida, and providing foreffective date and to except persons who had been in the- a referendum thereof.military service of the United States.

Proof of publication attached.Proof of publication attached.

Also--and respectfully requests the concurrence of the Senatetherein. By Senator McArthur-

Respectfully, S. B. No. 124-A bill to be entitled An Act relating to theLAMAR BLEDSOE government of the Town of Fernandina Beach and prescribing

Chief Clerk, House of Representatives. the jurisdiction, powers, duties and functions of the Town ofProof of publication of Notice was attached to House Bill Fernandina Beach and all its officers and prescribing a sys-

Proof of publication of Notice was attached to House Bill t f taxat f sd townNo. 320 when it was introduced in the Senate, and evidencethat such Notice has been published was established by the Also-Senate, as required by Section 21, Article III of the Constitu-tion of the State of Florida. By Senator Leaird-

And House Bill No. 320, contained in the above message, S. B. No. 131-A bill to be entitled An Act authorizing thewas read the first time by title only. , Board of County Commissioners of Broward County, Florida,

to fix the salary of the Supervisor of Registration of saidSenator Shivers moved that the rules be waived and House county within certain limits and providing for the payment

Bill No. 320 be read the second time by title only. thereof by said Board of County Commissioners.

Which was agreed to by a two-thirds vote. Proof of publication attached.

And House Bill No. 320 was read the second time by title Respectfully,only. LAMAR BLEDSOE,

Senator Shivers moved that the rules be further waived Chief Clerk, House of Representatives.and House Bill No. 320 be read the third time in full and put And Senate Bills Nos. 76, 124 and 131, contained in theupon its passage. above Message, were referred to the Secretary of the Senate

Which was agreed to by a two-thirds vote. as Ex Officio Enrolling Clerk, for enrolling.

And House Bill No. 320 was read the third time in full. The following Message from the House of Representativeswas read:

Upon the passage of House Bill No. 320 the roll was calledand the vote was: Tallahassee, Florida,and the vote was: Api 21 1949April 21, 1949.

Yeas-38Hon. Newman C. Brackin,

Mr. President Collins Lindler Sheldon President of the Senate.Alford Crary Mathews Shivers Sir:Ayers Davis McArthur SmithBaker Franklin Moore Sturgis I am directed by the House of Representatives to informBaynard Gautier Pearce Tucker the Senate that the House of Representatives has passed-Beacham Getzen Pope WalkerBeall Johns Ray Wilson By Senator Mathews-

Boyle Johnston Rodgers Wright S. B. No. 29-A bill to be entitled An Act providing for theCarroll King Sanchez recall of any elected official of the City of Jacksonville, a

municipal corporation, and providing for elections, and otherNays-None matters in connection therewith.

So House Bill No. 320 passed, title as stated, and the action Proof of publication attached.of the Senate was ordered certified to the House of Repre-sentatives. Also-

April 21, 1949 JOURNAL OF THE SENATE 121

By Senator Mathews- Respectfully,

S. B. No. 31-A bill to be entitled An Act amending Section LAMAR BLEDSOEH s f Rpr ntativs3, Section 4 as amended, and Section 7 of Chapter 16493, LawsChef Clerk, House of Rprstatives.of Florida, Acts of 1933, entitled, "An Act relating to and And Senate Bills Nos. 160 and 162, contained in the aboveaffecting the government of the City of Jacksonville, and Message, were referred to the Secretary of the Senate as Exproviding for an annual budget of said city and prescribing Officio Enrolling Clerk, for enrolling.its effect, and making provision for the establishment of animproved accounting system." so as to abolish any and all The following message from the House of Representativesauthority of the City Council to administer, or set up for was read:administration by the City Council, improvement funds, suchas Ward improvement funds or revolving funds for certain Tallahassee, Florida,types of improvements; to vest in the City Council the power April 21, 1949.to adopt an annual budget and to make appropriations to meet .wman Brackinsuch budget: to restrict and curtail the authority of all offi. Hon. Newman C, Brackin,cers, including the City Commission, to deviate from such President of the Senate.budget as adopted or to create any obligation in excess of the Sir:various items in the budget, without first obtaining the ap- I am directed by the House of Representatives to inform,proval of the City Council wherein the City Council shall make the Senate that the House of Representatives has passed-provision for the money to pay for any excess expendituresor obligations; to make certain and definite the powers. By Senator Beall-duties and responsibilities of the City Auditor and the CityTreasurer with reference to the payment of any obligation or S. B. No. 192-A bill to be entitled An Act to provide pay-expense not authorized by law or in excess of the budget; and ment to Dixie Chemical Products Co., Ltd., for materials andcontaining related matter pertaining to the powers and duties supplies furnished Escambia County, Florida, and which ac-of the City Council and City Commission with reference to the count is past due and which account has been investigatedannual budget. and found to be due and proper.

Proof of publication attached. Proof of publication attached.

Also- Also-

By Senator Baker- By Senator Shands-

S. B. No. 75-A bill to be entitled An Act to authorize the S. B. No. 193-A bill to be entitled An Act affecting the gov-County of Lake to construct, build, erect, purchase, lease or ernment of the City of High Springs, Florida, by authorizingrent an armory or armories in said county; to authorize and empowering the City of High Springs, a municipality of thethe assessment, levy and collection of an advalorem tax to State of Florida, to create a City Planning and Zoning Board;carry out the purposes of this law and to validate and con- providing for the appointment of members of said board, de-firm the assessment, levy and collection of taxes heretofore fining the power and authority of said board, and the termsmade for the purpose of renting or constructing an armory of office of the members thereof; and providing for the pro-or armories. cedure for the functioning of said City Planning and Zoning

Proof of publication attached. Board.

Respectfully, Proof of publication attached.LAMAR BLEDSOE,Respectfully

Chief Clerk, House of Representatives. LAMAR BLEDSOE

And Senate Bills Nos. 29, 31 and 75, contained in the above Chief Clerk, House of Representatives.Message, was referred to the Secretary of the Senate as Ex And Senate Bills Nos. 192 and 193, contained in the aboveOfficio Enrolling Clerk, for enrolling. Message, were referred to the Secretary of the Senate as Ex

The following Message from the House of Representatives Officio Enrolling Clerk, for enrolling.was read: The following message from the House of Representatives

Tallahassee, Florida, was read:April 21, 1949. Tallahassee, Florida,

Hon. Newman C. Brackin, April 21, 1949.President of the Senate. H ,Sir: Hon. Newman C. Brackin,

President of the Senate.I am directed by the House of Representatives to inform Sir:

the Senate that the House of Representatives has passed- I am directed by the House of Representatives to inform

By Senator Lindler- the Senate that the House of Representatives has granted therequest of the Senate and returns herewith, for the purpose

S. B. No. 160-A bill to be entitled An Act relating to the of further consideration-compensation of the Clerk of Circuit Court of ColumbiaCounty, Florida, for services performed in suits or proceedings By Senator Sheldon-before the Circuit Court in and for Columbia County, Floridaby establishing a specific schedule of uniform fees for the S. B. No. 230-A bill to be entitled An Act relating to author-services rendered by said clerk; and repealing all laws and izing and directing the County Judge of Hillsborough Countyparts of laws in conflict herewith. to collect one ($1.00) dollar additional on each fresh water

fishing license issued; effective for three year period; to beProof of publication attached. used by County Commissioners for eliminating hyacinths with-

~~~~~~~~~~~Also- ~in said County.Also-Respectfully,By Senator Sheldon- LAMAR BLEDSOE

S. B. No. 162-A bill to be entitled An Act authorizing and Chief Clerk, House of Representatives.empowering the Board of County Commissioners of Hills- And Senate Bill No. 230, contained in the above message,borough County, Florida, to repair, alter, add to, demolish, was taken up and read by title.rent or to lease the buildings and/or land comprising all or anypart of block 64 according to the general map of the City of Senator Sheldon moved that the rules be waived and theTampa, recorded in the office of the Clerk of the Circuit Court Senate then reconsider the vote by which Senate Bill No. 230of Hillsborough County, Florida, in Plat Book 1, Page 7. passed the Senate on April 20, 1949.

Proof of publication attached. Which was agreed to by a two-thirds vote.

122 JOURNAL OF THE SENATE April 21,1949

And the Senate reconsidered the vote by which Senate Yeas-37Bill No. 230 passed the Senate on April 20, 1949. Mr. President Collins Mathews ShiversMr. President Collins Mathews Shivers

The question recurred on the passage of Senate Bill No. Alford Crary McArthur Smith230. Ayers Davis Moore Sturgis

Baker Franklin Pearce TuckerPending roll call on the passage of Senate Bill No. 230, Baynard Gautier Pope Walker

by unanimous consent, Senator Sheldon withdrew Senate Bill Beacham Getzen Ray WilsonNo. 230. Beall Johns Rodgers Wright

Senator Mathews asked unanimous consent of the Senate Boyle Johnston Sanchezto take up and consider out of its order, House Bill No. 164, Carroll King Shandswhich was pending roll call, the Senate having reconsidered Clarke Lindler Sheldonthe vote on April 20, 1949, by which House Bill No. 164, as Nays-0amended, passed the Senate on April 19, 1949.

So House Bill No. 128 passed, as amended, and the action*.~ ~ Which was agreed to. of the Senate was ordered certified to the House of Repre-

H. B. No. 164-A bill to be entitled An Act relating to the sentatives-. ~ service of witness subpoenas in civil actions. By unanimous consent Senator Baynard withdrew Senate

Bill No. 65.Was taken up.

Upon the pasageoHouseBillN.164herolwasalled aTSenate Bills Nos. 63 and 47 were taken up in their orderUpon the passage of House Bill No. 164 the roll was called and the consideration thereof was informally passed.

and the vote was:Senator Johns moved that a committee be appointed to

Yeas-1 escort Honorable T. E. Duncan, of Gainesville, Florida, State

Franklin Attorney in and for the Eighth Judicial Circuit of Florida, toa seat on the rostrum.

Nays-32 ~~~~~~~~~Nays-32 ~Which was agreed to.Mr. President Collins Leaird ShandsAlford Crary Lindler Sheldon And the President appointed Senators Johns, Shands andAyers Davis Mathews Shivers Ayers as the committee.Baynard Gautier McArthur Smith S. B. No. 30-A bill to be entitled An Act to amend SectionBeacham Getzen Moore Sturgis 193.45, Florida Statutes, 1941, relating to the mailing of no-Beall Johns Pearce Tucker tices of taxes, by providing for notices of unpaid taxes for theCarroll Johnston Pope Wilson preceding year or yars.Clarke King Rodgers Wright preceding year, or years.

So House Bill No. 164 failed to pass. Was taken up in its order.Senator Baynard moved that the rules be waived and Senate

SENATE BILLS ON SECOND READING Bill No. 30 be read the second time by title only.

Senate Bill No. 23 was taken up in its order and the con- Which was agreed to by a two-thirds vote.sideration thereof was informally passed. And Senate Bill No. 30 was read the second time by title

I ~ ~Senator Baynard asked unanimous consent of the Senate only-*! ~ to take up and consider House Bill No. 128, out of its order, Senator Baynard offered the following amendment to Senate;1 ~ at this time. Bill No. 30:

Which was agreed to. In Section 1, line 13, (typewritten bill) strike out the words:

H. B. No. 128-A bill to be entitled An Act amending See- or years and comma.tion 735.04, Florida Statutes, 1941, as set out in Section 2 of Senator Baynard moved the adoption of the amendment.Chapter 23716, Laws of Florida, Acts of 1947, relating to theFlorida Probate Law, when administration unnecessary. Which was agreed to and the amendment was adopted.

Was taken up. Senator Baynard also offered the following amendment toSenate Bill No. 30:

Senator Baynard moved that the rules be waived andHouse Bill No. 128 be read the second time b-- title only. In title, last line, (typewritten bill) strike out the following:

", or years."Which was agreed to by a two-thirds vote.

Senator Baynard moved the adoption .of the amendment.And House Bill No. 128 was read the second time by title

only. Which was agreed to and the amendment was adopted.

Senator Walker offered the following amendment to House Senator Baynard moved that the rules be further waivedBill No. 128: and Senate Bill No. 30, as amended, be read the third time

in full and put upon its passage.In Section (2), line three, (typewritten bill) strike out the

words: three thousand dollars and insert in lieu thereof the Which was agreed to by a two-thirds vote.following: five thousand dollars. And Senate Bill No. 30, as amended, was read the third

Senator Baynard moved the adoption of the amendment. time in full.

Which was agreed to and the amendment was adopted. Upon the passage of Senate Bill No. 30, as amended, theroll was called and the vote was:

Senator Baynard moved that the rules be further waivedand House Bill No. 128, as amended, be read the third time in Yeas-29full and put upon its passage. Mr. President Clarke McArthur Shivers

Which was agreed to by a two-thirds vote. Alford Crary Moore TuckerAyers Davis Pearce Walker

And House Bill No. 128, as amended, was read the third Baker Franklin Pope Wilsontime in full. Baynard Gautier Ray Wright

Beacham Getzen SanchezUpon the passage of House Bill No. 128, as amended, the Boyle Johns Shands

roll was called and the vote was: Carroll Johnston Sheldon

April 21, 1949 JOURNAL OF THE SENATE 123Nays-2 And Senate Bill No. 28, as amended, was read the third

Rodgers Sturgis time in full.Rodgers SturgisUpon the passage of Senate Bill No. 28, as amended, theSo Senate Bill No. 30 passed, as amended, and was referred roll was called and the vote was:

to the Secretary of the Senate as Ex Officio Engrossing Clerk,for engrossing. Yeas-34

S. B. No. 27-A bill to be entitled An Act designating and Mr. President Clarke Lindler Shiversestablishing a certain road in Bay County. Alford Collins Mathews Smith

Ayers Crary McArthur SturgisWas taken up in its order. Baker Davis Moore TuckerSenator Shivers moved that the rules be waived and Senate Baynard Franklin Pearce Walker

Bill No. 27 be read the second time by title only. Beacham Gautier Ray WilsonBeall Getzen Rodgers Wright

Which was agreed to by a two-thirds vote. Boyle Johns ShandsCarroll Johnston Sheldon

And Senate Bill No. 27 was read the second time by titleonly. Nays-None

Senator Shivers offered the following amendment to Senate So Senate Bill No. 28 passed, as amended, and was referredBill No. 27: * to the Secretary of the Senate as Ex Officio Engrossing Clerk,

for engrossing.In Section 1 (typewritten bill), strike out the words: "for

hard surfacing and improvement " S. B. No. 196-A bill to be entitled An Act providing thatcertain State buildings in the Capitol Center at the State

Senator Shivers moved the adoption of the amendment. Capitol shall be under the general supervision and custodian-Which was agreed to and the amendment was adopted, ship of the Board of Commissioners of State Institutions.Which was agreed to and the amendment was adopted.

Was taken up in its order.Senator Shivers moved that the rules be further waived

and Senate Bill No. 27, as amended, oe read the third time Senator Ayers moved that the rules be waived and Senatein full and put upon its passage. Bill No. 196 be read the second time by title only.

Which was agreed to by a two-thirds vote. Which was agreed to by a two-thirds vote.

And Senate Bill No. 27, as amended, was read the third And Senate Bill No. 196 was read the second time by titletime in full. only.

Senator Ayers moved that the rules be further waived andUpon the passage of Senate Bill No. 27, as amended, the Senate Bill No. 196 be read the third time in full and putroll was called and the vote was:upon its passage.

Yeas-33 * Which was agreed to by a two-thirds vote.Mr. President Clarke McArthur ShiversAlford Collins Moore Sturgis And Senate Bill No. 196 was read the third time in full.Ayers Crary Pearce Tucker Upon the passage of Senate Bill No. 196 the roll was calledBaker Franklin Pope Walker and the vote was:Baynard Gautier Ray WilsonBeacham Getzen Rodgers Wright Yeas-32Beall Johns SanchezBoyle Johnston Shands Mr. President Clarke King ShandsCarroll Mathews Sheldon Alford Collins Lindler Sheldon

Ayers Crary McArthur ShiversNays-None Baker Franklin Moore Sturgis

Baynard Gautier Pearce TuckerSo Senate Bill No. 27 passed, as amended, and was referred Beacham Getzen Pope Walkerto the Secretary of the Senate as Ex Officio Engrossing Clerk, Boyle Johns Ray Wilsonfor engrossing. Carroll Johnston Rodgers Wright

S. B. No. 28-A bill to be entitled An Act to amend Section Nays-None165.01, Florida Statutes, 1941, as amended by Chapter 23656,Laws of Florida, Acts of 1947, relating to number of inhabitants So Senate Bill No. 196 passed, title as stated, and the actionnecessary to incorporate a municipal government. of the Senate was ordered certified to the House of Repre-

Was taken up in its order. sentatives.Senator Ray, President Pro Tempore of the Senate, nowSenator Baynard moved that the rules be waived and Senate p residing.

Bill No. 28 be read the second time by title only.Which was agreed to by a two-thirds vote. S. B. No. 142-A bill to be entitled An Act to provide for

the issuance by the State Motor Vehicle Commissioner ofAnd Senate Bill No. 28 was read the second time by title special license tags to motor vehicle owners who operate

only. amateur radio stations.

The Committee on Cities and Towns offered the following Was taken up in its order.amendment to Senate Bill No. 28: Senator Beacham moved that the rules be waived and

In Section 1, line 7 (typewritten bill), strike out the words: Senate Bill No. 142 be read the second time by title only."two hundred" and insert in lieu thereof the following: "one Which was agreed to by a two-thirds vote.hundred".

And Senate Bill No. 142 was read the second time by titleSenator Baynard moved the adoption of the amendment. only.

Which was agreed to and the amendment was adopted. Senator Beacham moved that the rules be further waivedSenator Baynard moved that the rules be further waived and Senat Bill No142 be read the third time in full and

and Senate Bill No. 28, as amended, be read the third time in p ssage.full and put upon its passage. Which was agreed to by a two-thirds vote.

Which wan a-r-A r i -n hir aA tnrnthirri, yinto an, u-.ton ,1ill N 1A') -M A- +1,t 41-A_. 4.;-- :_ *...

124 JOURNAL OF THE SENATE April 21, 1949

Upon the passage of Senate Bill No. 142 the roll was called proof of financial responsibility, and motor vehicle liabilityand the vote was: policy; prescribing the duties, power, and authority of the

Insurance Commissioner in the administration and enforce-Yeas-33 ment of this Act; prescribing the procedure of appeals from

Mr. President Collins Lindler Shivers decision of the Insurance Commissioner; providing for reportMr. President Crollns LMdler Sh rs of certain accidents; providing for the suspension, revocation,Aleord Cravry McArthurews tuisand reinstatement of licenses; providing for deposit of securi-Ayers Davis McArthur Tucalker ties with the State Treasurer and for the release of such se-Baker Franklin Moore Wilson curities; providing for reciprocal financial responsibility agree-Beacham Gautier Pearce sot ments with other states; providing certain requirements ofBeall Johetzen Pope Wrightinsurance carriers in connection with the provision herein;CarrBoyle Johns Ray providing for other matters in connection with responsibilityCarroll Johnston odgers of operators of motor vehicles; providing penalties for viola-Clarke King Sheldon tions of sections of this Act and repealing all laws or parts of

Nays-None laws in conflict herewith.

So Senate Bill No. 142 passed, title as stated, and the action Was taken up in its order.of the Senate was ordered certified to the House of Repre-sentatives immediately, by waiver of the rule. Bll No 42 be read the seond timules bey t aived and Senate

The President now presiding. Which was agreed to by a two-thirds vote.Senator Collins moved that a committee be appointed to

escort Mrs. Claude Pepper, wife of the Senior United States And Senate Bill No. 42 was read the second time by titleSenator from Florida, the Honorable Stanley Hornbeck, former onlyUnited States Ambassador to the Netherlands, and Mrs. Horn- The Committee on Motor Vehicles offered the followingbeck to seats on the rostrum. amendment to Senate Bill No. 42:

Which was agreed to. On page 6, line 2 (typewritten bill) strike out the words:

And the President appointed Senators Collins, Ray and "five years" and insert in lieu thereof the following: "one year."

McArthur as the committee. Senator Crary moved the adoption of the amendment.

Senator King moved that the Senate reconsider the vote Which was agreed to and the amendment was adopted.by which the motion made by Senator Beall on April 20, 1949,that Senate Bill No. 218 be referred to the Committee on Senator Crary moved that the rules be further waived andTransportation and Traffic and the Committee on Motor Senate Bill No. 42, as amended, be read the third time in fullVehicles failed of adoption. and put upon its passage.

And the motion went over under the rule. Which was agreed to by a two-thirds vote.

S. B. No. 42-A bill to be entitled An Act requiring operators And Senate Bill No. 42, as amended, was read the thirdof motor vehicles involved in certain accidents defined herein time in full.to respond in damages for injuries caused to persons or prop-erty and requiring proof of nfinanc ial responsibility of such Pending consideration of Senate Bill No. 42, as amended, theoperators under certain circumstances; defining motor ve- hour of adjournment having arrived a point of order washicles, commissioner, operator, person, nonresident, license, called and the Senate stood radourned at 1:09 o'clock P M.,

until 11:00 o'clock A.M., Friday, April 22, 1949.