JOURNAL OF THE SENATE

Thursday, April 25, 1957 273

The Senate convened at 11:00 o'clock A. M., pursuant to 855.04, Florida Statutes, making it unlawful to use firearmsadjournment on Wednesday, April 24, 1957. to hunt game on Sunday; and providing an effective date.

The President in the Chair. -and recommends that the same pass.

The roll was called and the following Senators answered And the Bills contained in the preceding report were placedto their names: on the Calendar of Bills on Second Reading.

Mr. President Cabot Getzen Neblett Senator Hodges, Chairman of the Committee on Game andAdams Carlton Hair Pearce Fisheries reported that the Committee had carefully con-Barber Carraway Hodges Pope sidered the following Bill:Beall Clarke Houghton Rawls S. B. No. 386-A bill to be entitled An Act relating to saltBelser Connor Johns Rodgers water fisheries, and conservation; amending Subsection (2)Bishop Davis Johnson Rood of Section 370.11, Florida Statutes; regulating the length ofBoyd Dickinson Kelly Stenstrom salt water fish to be taken.Brackin Eaton Kickliter StrattonBranch Edwards Knight -and recommends that the same pass with CommitteeBronson Gautier Morgan Amendment as attached thereto.

-38. And the Bill contained in the preceding report, together withthe Committee Amendment attached thereto, was placed on

A quorum present. the Calendar of Bills on Second Reading.The following Prayer was offered by Senator Bart Knight Senator Brackin, Chairman of the Committee on Public

of the Twenty-fifth Senatorial District: Health, reported that the Committee had carefully considered

Our Father, let not my unworthiness stand between Thee following B:and the Members of this body, as we join in Prayer. Hear not S. B. No. 259-A bill to be entitled An Act to authorize thethe voice that speaks but listen to the yearnings of the hearts State Board of Health to construct a stream sanitation con-now open before Thee. trol and research facility and appropriating funds therefor.

Thou knowest the difficulties these men have to face, and -and recommends that the same pass.the grave decisions they must make. Have mercy upon them,Oh! Lord, our God. And the Bill contained in the preceding report was referred

to the Committee on Appropriations under the original mul-We give thanks for the beauty of this day to Thee. We know tiple reference.

that it takes brilliant sunshine to ripen the grain, and tomake more beautiful the gardens, which 'Thou has planted Senator Brackin, Chairman of the Committee on Publicin this our beautiful State. Health, reported that the Committee had carefully considered

the following Bills:Give us wisdom, through the power and confidence vested

in us, to provide the things pleasing in Thy sight, and ac- S. B. No. 154A bill to be entitled An Act relating to theepstable to your childrern 'whom we strive to serve. Florida Food, Drug anad Cosmetic Law, Drugs; amending

Cceptable to your children whapter 500, Florida Statutes, by adding Section 500.151; toMay Thy will be done here, and may Thy Program be provide that it is unlawful to possess a habit-forming, toxic,

carried out, above party and personality, beyond time and harmful or new -drug, with exemptions; providing a penalty;circumstance, for the good of Florida and the peace of the and amending Section 500.04, Florida Statutes, by addingworld. Through Jesus Christ our Lord. Amen. Subsection (12); to provide that possession of a habit-form-

ing, toxic, harmful or new drug by unauthorized persons isThe reading of the Journal was dispensed with. prohibited; providing an effective date.

The Senate daily Journal of Wednesday, April 24, 1957, S. B. No. 389-A bill to be entitled An Act relating to thewas corrected and as corrected was approved. practice of chiropractic and amending Sections 460.06, 460.07,

460.11, and Subsection (3) of Section 460.13, Florida Statutes,REPORTS OF COMMITTEES and repealing all laws in conflict herewith.

Senator Hodges, Chairman of the Committee on Game and -and recommends that the same pass.Fisheries, reported that the Committee had carefully con-sicered the following Bills: And the Bills contained in the preceding report were placed

on the Calendar of Bills on Second Reading.S. B. No. 431-A bill to be entitled An Act relating to snook,

providing the method of taking, size limit, bag limit; pro- Senator Brackin, Chairman of the Committee on Publichibiting sale, purchase; regulating possession; providing pen- Health, reported that the Committee had carefully consideredalty; fixing effective date. the following Bills:

S. B. No. 416-A bill to be entitled An Act relating to salt S. B. No. 397-A bill to be entitled An Act amending Sec-water fisheries and conservation; amending Section 370.02, tion 400.01 (1), Florida Statutes, providing for the defini-Florida Statutes, by adding Subsection (12); providing pro- tion of nursing home and providing certain exemptions there-cedure for selling perishable products which have been con- from.

fiscted;providing ditr of the proceeds of such sale; '. B. No. 432-A bill to be entitled An Act relating to den-~~~providing an effective date.tistry and dental ;hygiene; amending Sections 466.01, 466.03(5),

S B. No. 457-A bill to be entitled An Act relating to the 466.09, 466.12, 466.17, 466.19, 466.28, 466.30, 466.31, 466.33,Game and Fresh Water FiLsh Commission amending Sub- 466.34, 466.35 and 466.42, Florida Statutes, giving the Boardsection (16) of Section 372.57, Florida Statutes, to provide Of Examiners certain enforcement powers; authorizing re-a special fishing license for aliens; providing the fee there- examination of certain practitioners under certain circum-for and prorviding an effective date. stances upon application for renewal certificates; and making

certain violations of this chapter felonies and providing pun-S. B. No. 196-A bill to be entitled An Act repealing Section ishment.

274 JOURNAL OF THE SENATE April 25, 1957S. B. No. 458-A bill to be entitled An Act relating to nurse -begs leave to report that the Senate Amendment has been

registration and nursing education, defining the State Board incorporated in the Bill and the same is returned herewithof Nursing, professional and practical nursing, qualifications, as engrossed.providing for certain disciplinary measures and procedures,review of orders of Board of Nursing, providing certain excep- Very respectfully,tions and penalties; amending Sections 464.021, 464.111(1), ROBT. W. DAVIS,464.21, 464.22, 464.24, and repealing Section 464.23, Florida Secretary of the Senate asStatutes; providing an effective date. Secretary of the Senate asrk

Ex Offtcio Engrossing Clerkc-and recommends that the same pass. of the Senate.

And the Bills contained in the preceding report were placed And Senate Bill No. 388, contained in the above report wason the Calendar of Bills on Second Reading. ordered certified to the House of Representatives.

Senator Hair, Chairman of the Committee on Welfare, re- Your Engrossing Clerk to whom was referred, with Senateported that the Committee had carefully considered the fol- Amendment, for engrossing_lowing Bill:

S. B. No. 305-A bill to be entitled An Act amending Sec-S. B. No. 193-A bill to be entitled An Act relating to tion 693.14, Florida Statutes, 1955, relating to powers of at-

child welfare; amending Section 417.04, Florida Statutes, re- torney by married woman to provide that husband need notlating to officers and employees of the Florida Children's join with wife in power of attorney by wife to her husband;Commission; and providing an effective date. providing the effective date hereof.

-and recommends that the same pass. -begs leave to report that the Senate Amendment has beenincorporated in the Bill and the same is returned herewith

And the Bill contained in the preceding report was placed as engrossed.on the Calendar of Bills on Second Reading. Very respectfully,

Very respectfully,Senator Hair, Chairman of the Committee on Welfare, re-

ported that the Committee had carefully considered the fol- ROBT. W. DAVIS,lowing Resolution: Secretary of the Senate as

Ex Officio Engrossing ClerkH. C. R. No. 373-A Resolution for the appointment of an of the Senate.

interim committee of the House of Representatives and Sen-ate to investigate and make a study of matters relating to And 'Senate Bill No. 305, contained in the above report wasthe Welfare Department of Florida. ordered certified to the House of Representatives.

-and recommends that the same be adopted. Your Engrossing Clerk to whom was referred, with Senate-and reomnsthttesm b dAmendment, for engrossing-And the Resolution contained in the preceding report was o-To.A ,n. i^ *placed onnd the alendar of Resolution contained in the precone d Reading report was S. B. No. 224-A bill to be entitled An Act regulating the

watchmaking and watch repair profession in the State; creat-Senator Hair, Chairman of the Committee on Welfare, re- ing and providing for the appointment of the Florida Watch-

ported that the Committee had carefully considered the fol- makers' Commission and prescribing its powers and duties;lowing Bills: providing for the examination and certification of watchmak-

ers by the commission; authorizing the making of rules andS. B. No. 1219-A bill to be entitled An Act relating to De- regulations by the commission; providing authority in the

partment of Public Welfare amending Subsection (2), Sec- commission for setting up a state-wide identification systemtion 409.36, Florida Statutes, to require the department to in cooperation with law enforcement authorities and civil de-transmit report charging fraud to State's Attorney for pres- fense; providing penalties for violations of the provisions ofentation by him to grand jury and fixing an effective date this Act; and providing an effective date.of the Act.

-begs leave to report that the Senate Amendment has beenS. B. No. 220-A bill to be entitled An Act relating to public incorporated in the Bill and the same is returned herewith,

welfare; amending Chapter 409, Florida Statutes, by creating as engrossed.and adding thereto Section 409.361 to provide for the institu-tion and maintenance of civil action for the recovery of funds Very respectfully,fraudulently obtained as public assistance. ROBT. W. DAVIS,-and recomrrrmds that the same not pass. Secretary of the Senate as

Ex Officio Engrossing ClerkAnd the Bills contained in the preceding report were laid on of the Senate.

the tablethe *~~~ table. ~~~~And 'Senate Bill No. 224. contained in the above report

Senator Hair, Chairman of the Committee on Welfare, re- was ordered certified to the House of Representatives.ported that the Committee had carefully considered the fol- E 'mlowing Bill: Your Engrossing Clerk to whom was referred, with Senate

Amendment, for engrossing-H. B. No. 72-A bill to be entitled An Act relating to Depart- S. B. No. 188-A bill to be entitled An Act to authorize the

ment of Public Welfare amending Subsection (2), Section coBstruction and alteration of certain buildings at the Uni-409.36, Florida Statutes, to require the department to transmit versity of Florida and Florida State University; making appro-report charging fraud to State's Attorney for presentation by priations therefor from funds realized by said institutions fromhim to grand jury and fixing an effective date of the Act. local sources; and providing effective date.-and recommends that the same not pass. -begs leave to report that the Senate Amendment has been

And the Bill contained in the preceding report was laid on incorporated in the Bill and the same is returned herewith,the table. as engrossed.

ENGROSSING REPORTS Velry respectfully,ROET. W. DAVIS,Your Eflgrosting Clerk to whom was referred, with Senate Secretary of the Senate as

Amendment, for engrossing- Ex Officio Engrossing ClerkS. B. No. 388 -A bill to be entitled An Act amending Section of the Senate.

567.01, Subsection (1), Florida Statutes, 195*5, relating to the And Senate Bill No. 188, contained in the above report waspetition, order, and notice of election under local option ordered certified to the Rouse of Representatives.elections and providing for the time of filing such petition anddate of holding election, and repealing all laws in conflict Your Engrossing Clerk to whom was referred, with Senateherewith. Amendments, for engrossing-

April 25, 1957 JOURNAL OF THE SENATE 275

S. B. No. 60-A bill to be entitled An Act relating to juvenile S. B. No. 519-A bill to be entitled An Act relating to countycourts; amending Subsection (2) of Section 39.09, Florida IStat- school boards; amending Paragraph (f) of Subsection (4) ofutes; providing that hearings shall be open to the public, ex- Section 230.23, Florida4 Statutes, by authorizing county schoolcept in exceptional circumstances. boards to establish and experiment with a twelve (12) month

school year so long as it does not interfere with or decrease-begs leave to report that the Senate Amendments have been contributions under the Minimum Foundation Program.incorporated in the Bill and the same is returned herewith,as engrossed. Which was read the first time by title only 'and referred to

Very respectfully, the Committee on Education.Very respectfully,

ROBT. W. DAVIS, By Senator Houghton-Secretary of the Senate as S. B. No. 520-A bill to be entitled An Act abolishing theEx Officio Engrossing Clerk Gulf Beach Service District in Pinellas County, Florida, createdof the Senate. pursuant to the provisions of Chapter 26147, Laws of Florida,

And Senate Bill No. 60, contained in the above report was 1949; providing for the appointment of a receiver; designatingOnrdered certifi o ed the House of Represenatives a mode and method of liquidation of the assets and business

ordered certified the House of Representativesaffairs of said district; and providing for distribution of as-Your Engrossing Clerk to whom was referred, with Senate sets remaining on hand.

Amendment, for engrossing- ^ y ^Amendment, for engrossing- Which was read the first time by title only.

S. R. No. 341-A Senate Resolution requesting the Internal Proof of publication of Notice was attached to Senate BillImprovement Board to make a survey of the Suwannee River No. 520 when it was introduced in the Senate, and evidencefrom Branford to! White Springs regardming obstructions to that such Notice has been published was established by thenavigation. Senate, as required by Siection 21, Article m of the Cobnstitu-

-begs leave to report that the Senate Amendment has been tion of the State of Florida.intcorporated in the Resolution and the same is returned here- Senator Houghton moved that the rules be waived and Sen-with, as engrossed. ate Bill No. 520 be read the second time by title only.

Very respectfully, Which was agreed to by a two-bhirds vote."ROBT." W. DAVIS,Secretary of the Senate as And Senate Bill No. 520 was read the second time by titleEx Officio Engrossing Clerkony.of the Senate. Senator Houghton moved that the rules be further waived

Senator Rodgers moved that a committee be appointed to and Senate Bill No. 520 be read the third time in full and putescort Honorable 'Walter W. Rose, former member of the Senate upon its passage.from the Nineteenth Senatorial District, and a former Presi- Which was agreed to by a two-thirds votbe.dent of the Senate, to the rostrum.

~Whic' h was ag ~reed~ to.And Senate Bill No. 520 was read the third time in full.Which was agreed to.

m^ m *^ 4- - + ̂ o -^ + T3 ^ v n ^Upon the passage of Slenate Bill 'No. 5210 the roll was calledThe President appointed Senators Rodgers, Kelly and Upon the patsage of Senate Bill No. 520 the roll was calledBrackin as the committee which escorted former Senator Rose and the vote was.to the rostrum. Yeas-38.

Senator Adams requested unanimous consent of the Senate Mr. President Cabot Getzen Neblettto have his name removed as a co-introducer of Senate Bill No. Adams Carlton Hair Pearce378. Barber Carraway Hodges Pope

Beall Clarke Houghton RawlsUnanimous consent was granted. Belser Connor Johns Rodgers

Bishop Davis Johnson RoodSenator Stratton, Chairman of the Committee on Labor and Boyd Dickinson Kelly Stenstrom

Industry, moved that the rules be waived and the Committee Brackin Eaton Kickliter Strattonbe allowed an additional ten days to report on Senate Bills Branch Edwards KnightNos. 78, 223 and 437, previously referred to the Committee. Bronson Gautier Morgan

Which was agreed to by a two-thirds vote and it was so Nays-None.ordered. ordered.*~~~~~~~ I~'So Senate Bill No. 520 passed, title as stated, and the action

Senator Knight, Chairman of the Committee on Judiciary of the Senate was ordered certified to the House of Represen-"C", moved that the rules be waived and the Committee be tatives.allowed an additional five days to report on House Bills Nos.92, 157 and 158, Senate Bills Nos. 135, 165, 202 and 421, and By Senator Neblett-Senate Concurrent Resolution No. 153, previously referred to S. B. No. 521-A bill to be entitled An Act relating to Leethe Committee. County, Florida, providing for the 'salary of County Commis-

sioners to be four thousand eight hundred dollars ($4,800.00)Which was agreed to by a two-thirds vote and it was 0so perannumi dollars ($4a8e0'00)

ordered. pWhich was read the first time by title only.

INTRODUCTION OF RESOLUTIONS, MEMORIALS, BILLS hch was read the first time by ttle onlyAND JOINT RESOLUTIONS Proof of publication of Notice was attached to Senate Bill

No. 521 when it was introduced in the Senate, and evidenceBy Senator Adams- that such Notice has been published was established by the

Senate, as required by Section 21, Article m of the Constitu-S. B. No. 518-A bill to be entitled An Act relating to corm- tion of the State of Florida.

pulsory school attendance; amending Section 232.01, FloridaStatutes, by extending compulsory school attendance until the Senator Neblett moved that the rules be waived and ISenateage of eighteen (18) years, or earlier if graduated from high Bill No. 521 be read the second time by title only.school. Which was agreed to by a two-Vhirds vase.

Which was read the first time by title only and referred to And Senate Bill No. 521 was read the second time by titlethe Committee on Education. only.

By Senators Adams and Rodgers- Senator Neblett moved that the rules be further waived and

276 JOURNAL OF THE SENATE April 25, 1957Senate Bill No. 521 be read the third time in full and put public schools of Florida for twenty (20) or more years priorupon its passage. to July 1, 1939, and who are not eligible for benefits under any

retirement law of the State of Florida; making an appropria-Which was agreed to by a two-thirds voe. tion therefor and fixing an effective date of this Act.And Senate Bill No. 521 was read the third time in full. Which was read the first time by title only and referred toUpon the passage of Senate Bill No. 521 the roll was called the Committee on Appropriations.

and the vote was: By Senators Edwards and Bishop-Yeas-38. S. B. No. 528-A bill to be entitled An Act relating to retired

Mr. President Cabot Getzen Neblett teachers; amending 'Section 238.181 permitting retired teachersAdams Carlton Hair Pearce to participate in adult education program; providing effectiveBarber Carraway Hodges Pope date.Beall Clarke Houghton Rawls Which was read the first tiune by title only and referred toBelser Connor Johns Rodgers the Committee on Education.Bishop Davis Johnson RoodBoyd Dickinson Kelly Stenstrom By the Committee on Game and Fisheries-Brackin Eaton Kickliter StrattonBranch Edwards Kknight SrtoS. B. No. 529-A bill to be entitled An Act creating the Navi-Bronson Gautier Morgan gable Waters Commission; setting forth its powers, duties and

purpose; providing for the employment of a director and otherNays-None. personnel; granting authority to make rules and regulations;

providing for transfer of equipment of the Hyacinth ControlSo Senate Bill No. 521 passed, title as stated, and the action Division of Game and Fresh Water Fish Commission to the

of the Senate was ordered certified to the House of Represen- Navigable Waters Commission; making appropriation; settingtatives. effective date.

By Senator Neblett- Which was read the first time by title only and referred toS. B. No. 522 - A bill to be entitled An Act defining the ommttee o Appropriations.

tortugas shrimp bed; providing for closed areas by Depart- By Senator Johnson-(By Request)ment of Conservation; providing for permits, revocation ofsame; penalties for violations; providing if any portion held Senate Memorial No. 530:void, remainder unaffected, providing for appropriation andeffective date. MEMORIAL TO THE, CONGRE;SS OF TIHIE UNITED

STATES OF AMERICA PROPOSING AN AMEN)DMENT TOWhich was read the first time by title only and referred to THE TENTH AMENDMENT OF THE CONSTIrTUTION OF

the Committee on Game and Fisheries and the Committee on THE UNITED STATES BY ENUMERATING CERTAIN OFAppropriations. THE RESERVE POWERS OF THE STATES IN RESPECT

TO TIE EXERCISE OF STATE, POLICE POWER AND IPROO-By Senator Stratton- VIDING 'MEANS TO SAFEGUARD SUCH POWERS FROMS. B. No. 523-A bill to be entitled An Act relating to Agri- ENCROACHMENT.

cultural Fair and Exposition Associations; amending SectionsS16.01 and 616.12, Florida Statutes, and adding Sections 616.121 WHEREAS, It i mperative to maintain an equilibrium ofand 616.15 to Chapter 616, Florida Statutes; requiring state- power in a federated system of government that contemplatesa division of responsibility between the national or centralment of purpose in Charter; exempting certain traveling shows government and the respective sovereign states,from payment of license tax; providing penalties; repealingSection 616.10; and providing an effective date. WHEREAS, It appears that unless the states' residual power

Which was read the first time by title only and referred to is at least broadly delineated and safeguarded to some apthe Committee on Finance and Taxation. preciable degree the central government will continue by lack

cof definitive guidelines and checks to encroach upon theBy Senator Stratton- powers of the respective states, NOW, THEREFORE,

S. B. No. 524-A bill to be entitled An Act relating to license BE IT RESOLVED BY THE LEGISLATJRE OF THE STATEtaxes; amending Section 205.31, Florida Statutes, by adding OF FLORIDA:Sub-section (84-,-limiting exemptions and other benefits; pro- That the Congress of the United States is hereby memorial-~~~~viding an effective datehat the Congress of the United States is hereby memorial-viding an effective date. ized and respectfully urged to propose such amendment to the

Which was read the first time by title only and referred to Tenth Amendment to the Constitution of the United Statesthe Committee on Finance and Taxation, to provide that among the rights and powers reserved to each

state are the police powers to enact regulations to promoteBy Senator Edwards- the public peace, safety and welfare of the state and to pro-

vide for good order, education and harmonious race rela-S. B. No. 52'5-A bill to be entitled An Act relating to the tions therein. In these enumerated fields except where the

Female Correctional Institution at Lowell; making an appro- Congress of the United States by legislation provides express-priation to supplement an existing appropriation for comple- ly to the contrary the laws and regulations of the state shalltion of dormitories; providing an effective date. govern.

Which was read the first time by title only and referred to Which was read the first time in full and referred to thethe Committee on Appropriations. Committee on Constitutional Amendments.By Senators Edwards and Bishop- By Senators Shands, Adams, Hodges and Johns-S. B. No. 526-A bill to be entitled An Act relating to the S. B. No. 531-A bill to be entitled An Act relating to the

Teachers' Retirement System of the State of Florida: amend- salaries of the State Attorney of each Judicial Circuit of theing Subsection (15) of Section 6 of Chapter 29942, Acts of 1955, State of Florida embracing six or more counties with a com-being Section 238.07(15), Florida Statutes, by changing the bined total population of not exceeding 110,000 and with onemonthly retirement allowance of certain teachers and fixing an or more counties therein having a population of 55,000 oreffective date of this Act. more, according to the last preceding federal census, and in

Which was read the first time by title only and referred to which circuit there is no Crmial Court of Record and proWiathe Committee on Appropriations viding that a part of the salary of each such State Attorney

be paid from the general revenue fund of the counties of hisBy Senators Edwards and Bishop- said circuit in the proportion that the population of each

county bears to the total population of such circuit, accordingS. B No. 527-A bill to be entitled An Act relating to retire- to the last preceding federal census; making the same a

ment allowances for certain persons who were teachers in the county purpose; making an annual appropriation therefor;

April 25, 1957 JOURNAL OF THE SENATE 277

providing the effective date hereof; and repealing all laws Upon this amendment being adopted all funds appropriatedin conflict herewith. by law approved by the Budget Commission and budgeted by

the Board of County Commissioners of Hillsborough County,Which was read the first time by title only. Florida and for the purpose of employing Assistant County

Senator Adams moved that the rules be waived and Senate Solicitors and other office personnel shall thereafter be usedBill No. 531 be read the second time by title only. for the operation of the State Attorneys office of theThirteenth Judicial Circuit in and for Hillsborough County,

Which was agreed to by a two-thirds vote. and for the employing of Assistant State Attorneys and otherpersonnel, of that office, and the State Attorney is hereby

And Senate Bill No. 531 was read the second time by title authorized to employ such personnel, including Assistant Stateonly. Attorneys and investigators in the same number and to be

Senator Adams moved that the rules be further waived and paid thie same salary as the number of Assistant County Soli-Senator Adams moved thatN the rules be further waved and citors and investigators employed by the County Solicitor of

Senate Bill No. 531 be read the third time in full and put Hillsborough County, Florida.upon its passage.

WWhich was agreed to by a two-thirds v . hich was read the first time in full and referred to theWich was agreed to by a to-thirdsvoe.Committee on Constitutional Amendments.

And Senate Bill No. 531 was read the third time in full. By Senator Kickliter-

Upon the passage of Senate Bill No. 531 the roll was called / S. B No. -533-A bill to be entitled An Act cancelling specialand the vote was: assessments, interest, costs, penalties and liens held by the

Yeas- 38. City of Tampa, County of Hillsborough or Clerk of the CircuitCourt of Hillsborough County, Florida encumbering the west

Mr. President Cabot Getzen Neblett 50 feet of lot 11 and lots 2, 3 and 4 in the Block 34 of VirginiaAdams Carlton Hair Pearce Park according to the map or plat thereof recorded in PlatBarber Carraway Hodges Pope Book 9, page 2, Public Records of Hillsborough County, Florida,Beall Clarke Houghton Rawls by virtue of special assessments being levied and assessed forBelser Connor Johns Rodgers and on behalf of Virginia Park special sanitary district for theBishop Davis Johnson Rood years 1948, 1949, 1950, and 1951, said property owned and usedBoyd Dickinson Kelly Stenstrom by Palma Ceia Methodist Church, unincorporated associationBrackin Eaton Kickliter Stratton of Tampa, Florida.Branch Edwards KnightWhich was read the first time by title only.Bronson Gautier Morgan Which was read the first time by title only.

Proof of publication of Notice was attached to Senate BillNays-None. No. 533 when it was introduced in the Senate, and evidence

So Senate Bill No. 531 passed, title as stated, and the action that such Notice has been published was established by theof the Senate was ordered certified to the House of Repre- Senate, as required by Section 21, Article in of the Constitu-sentatives. tion of the State of Florida.

By Senator Kickliter Senator Kickliter moved that the rules be waived andSoenate Joint Resolut~ion No.532Senate Bill No. 533 be read the second time by title only.

Senate Joint Resolution No. 532:__.,14, .1 4SAt JOINT ResolutioN 532:0SN NVN5Which was agreed to by a two-thirds vote.

TO JICLE 5 OF THEEO CPONSTIION OF FLORIDA BY And Senate Bill No. 533 was read the second time by titleADDING AN ADDITIONAL SECTION THERETO, TO BE onlyGIVEN A NUMBER BY THE SECRETARY OF STATE, Senator Kickliter moved that the rules be further waived andABOLISHING THE OFFICE OF COUNTY SOLICITOR IN Senate Bill No. 533 be read the third time in full and put uponHILLSBOROUGH COUNTY. AND TRANSFERRING THE its passage.DUTIES THEREOF TO THE STATE ATTORNEY OF THETHIRTEENTH JUDICIAL CIRCUITrl OF FLORIDA AND Which was agreed to by a two-thirds vote.OTHER MATT-ERS RELATING THERETO. And Senate Bill No. 533 was read the third time in full.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE Upon the passage of Senate Bill No. 533 the roll was called~~~~OF FLORIDA: ~~~~~~and the vote was:

An amendment to Article V of the Constitution of the State y 38of Florida by adding an additional section there to, to be given eas °a number by the Secretary of State of the State of Florida, Mr. President Cabot Getzen Neblettshall be submitted to the electors of the State of Florida for Adams Carlton Hair Pearceratification or rejection at the next general election to be held Barber Carraway Hodges Popein 1959, as follows: Beall Clarke Houghton Rawls

Section --- On and after the first Tuesday after the first Belser Connor Johns RodgersMonday in January, 1961, the State Attorney of the Thirteenth Bishop Davis Johnson RoodJudicial Circuit in and for Hillsborough County, Florida, shall Boyd Dickinson Kelly Stenstrombe the prosecuting attorney of the Criminal Court of Record, Brackin Eaton Kickliter Strattonand the office of County Solicitor, the position of Assistant Branch Edwards KnightCounty Solicitor, the position of Special Investigator for the Bronson Gautier MorganCounty Solicitor in Hillsborough County, shall stand abolished NaysNoneand terminated; and thereafter the State Attorney and his aysAssistant Attorneys, under his direction, shall perform all the So Senate Bill No. 533 passed, title as stated, and the actionduties and functions of office heretofore performed by the of the 'Senate was ordered certified to the House of Rep-County Solicitor. Pending informations filed in the Criminal resentatives.Court of Record shall not be invalidated hereby, and the StateAttorney, or his Assistant State Attorneys, may file amended By Senator Dickinson-informations in any such cases if and when necessary. The S. B. No. 534-A bill to be entitled An Act to permit theLegislature may provide for Assistant State Attorneys and releasing of one tort-feasor without its effect being to releaseSpecial Investigators for the State Attorney of Hillsborough all tort-feasors, and providing for set-off in actions againstCounty, and all Assistant State Attorneys shall be appointed by othr tr t-feasors.the 'State Attorney and sworn in by the Court, and such As- ° el or easors-sistant State Attorneys shall work under the direction of the Which was read the first time by title only and referred toState Attorney and shall have full authority to do and perform the Committee on Judiciary "B".any official duties and acts that the State Attorney may doand perform. By Senator Dickinson-

278 JOURNAL OF THE SENATE April 25, 1957

Senate Joint Resolution No. 535: private dwellings and prescribing the conditions under whichAsuch searches may be made; land prescribing the effectiveA JOINT RESOLUTION PROPOSING AN AMENDMENT date hereof

TO ARTICLE VI, SECTION 2 OF THE STATE CONSTITU-TION, TO PROVIDE FOR ORIGINAL ABSENTEE REGIS- Which was read the first time by title only and referredTRATION OF ELECTORS. to the Committee on Judiciary "A".

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE By Senator Eaton-OF FLORIDA:

S. B. No. 542-A bill to be entitled An Act relating to theThat Article VI, Section 2 of the State Constitution be Florida Avocado and Lime Commission; amending Section

amended as follows, is hereby agreed to and shall be submitted 602.19, Florida Statutes, expiration of chapter.to the electors of the State for ratification or rejection at thegeneral election of November 4, 1958: Which was read the first time by title only and referred

to the Committee on Citrus Fruits.Section 2. Registration of electors.-The Legislature, at its

first session after the ratification of this Constitution, shall By Senator Eaton-provide by law for the registration 'of all the legally qualifiedvoters in each county, and for the, returns of elections; and S. B No. 543A bill to be entitled An Act granting ashall also provide that after the completion, from time to subsidy to each privately owned nonprofit accredited edu-time, of such registration, no person not duly registered ac- cational institution in Florida offering a bachelor's degreecording to law shall be allowed to vote. based on enrollment of Florida students; defining the neces-

sary qualifications for subsidy of the educational institutionThe Legislature may provide, for the registration of elec- and of the Florida students and providing for the payment,

tors outside the territorial jurisdiction of the State of Florida. refund and use of such subsidy and appropriations to theBoard of Control.

Which was read the first time in full and referred to theCommittee on Constitutional Amendments. Which was read the first time by title only and referred

to the Committee on Appropriations.By Senator Dickinson-

By Senator Eaton-S. B. No. 536-A bill to be entitled An Act to amend Sec-

tion 47.16, Florida Statutes, to include foreign manufacturers S. B. No. 544-A bill to be entitled An Act relating to searchdoing business in Florida through brokers, jobbers, whole- and seizure; providing that every motion in a criminal casesalers or distributors, to quash a search warrant or to suppress evidence obtained by

search and seizure must be made, heard, and decided priorWhich was read the first time by title only and referred to to the commencement of the trial of the case; authorizing the

the Committee on Judiciary "B". State to take an appeal, before the trial of the case commencesBy Senator Carraway- evefrom an order quashing a search warrant or suppressingB^y Senatori ^Carra~wa~y- evidence obtained by search and seizure; providing that inS. B. No. 537-A bill to be entitled An Act authorizing an case such an appeal is taken the cause shall be stayed until the

appropriation of ten thousand dollars ($10,000.00) to John P. appeal is determined; and prescribing the effective date hereof.Sullivan for injuries received in an accident while carrying Which was read the first time by title only and referredon his official duties; providing payment from the General to the Committee on Judiciaryy and referredInspection Fund; providing an effective date.

Which was read the first time by title only and referred to \j By Senator Belser-the Committee on Pensions and Claims. IS. B. No. 545-A bill to be entitled An Act relating to

By Senator Bishop- licensing of aircraft; amending introductory phrase and Sub-By Senator Bishop- section (1) of Section 330.06, Florida Statutes, defining certain

;S. B. No. 538-An Act to be entitled An Act to amend Sec- words and terms; repealing Section 330.17, Florida Statutes,tion 231.30 Florida Statutes to provide for a fee for the certifi- prohibiting municipalities from imposing registration fees oncation of teachers; providing for the disposition of such fees; aircraft; fixing an effective date.establishing an effective date. Which was read the first time by title only and referred

Which was read the first time by title only and referred to the Committee on Finance and Taxation.to the Committee on Education. By Senator Davis-

By Senator Morgan- S. B. No. 546-A bill to be entitled An Act repealing ChapterS. B. No. 539-A bill to' be entitled An Act amending Section 22,576, Acts 1945, fixing the fees of the Clerks of the Circuit

40.11, Florida Statutes, relating to certification of jury lists 'Courts in certain civil cases in all counties of the State havingby jury commissions in counties having population exceeding a population of not less than fourteen thousand (14,000) and120,000 by the last federal census, to provide that when a list not more than fourteen thousand two hundred (114,200) ac-of jurors is ordered by a judge to be completed and certified cording to the last or any future official federal census andat some time during a year other than the end of March the fixing an effective date.jury commissioners shall select and list such number of in-was read the first time by title only.habitants not less than 1,000 as shall be specified by suchjudge. Senator Davis moved that the rules be waived and Senate

Which was read the first time by title only and referred Bill No. 546 be read the econd time by title only.to the Committee on Judiciary "A". Whlich was agreed to by a two-thirdsc vote.

By Senator Morgan- And Senate Bill No. 546 was read the second time by titleS. B. No. 540-A bill to be entitled An Act to amend the only.

seventh paragraph of Section 349.07, Laws of Florida, 1955, to enator Davis moved that the rul f r provide that the maximum expended by the State Road De- Senator Davis moved that the rules be further waived andpartment for the use and benefit of Jacksonville Expressway enate Bl No 546 be read the trd time in full and putAuthority shall not exceed the sum of $375,000.00. upon ts aage.

Which was agreed to by a two-thirds vote.Which was read the first time by title only and referredto the Committee on Public Roads and Highways. And Senate Bill No. 546 was read the third time in full.

By Senator Eaton- Upon the passage of Senate 'Bill No. 546 the roll was callS. B. No. 541-A bill to be entitled An Act amending and the vot wa

Section 933.18, Florida Statutes, relating to searches of Yeas-38.

April 25, 1957 JOURNAL OF THE SENATE 279

Mr. President Cabot Getzen Neblett making an annual appropriation therefor; providing an effec-Adams Carlton Hair Pearce tive date.Barber Carraway Hodges PopeBeall Clarke Houghton RawlsWhich was read the first time by title only and referredBeser Connor Johns Rodgers to the Committee on Judiciary "C".Bishop Davis Johnson RoodBy Senator Rood-Boyd Dickinson Kelly StenstromBrackin Eaton Kickliter Stratton S. B. No. 553-A bill to be entitled An Act to amendBranch Edwards Knight Chapter 23529, Laws of Florida, Special Acts of 1945, asBronson Gautier Morgan amended, being the Charter of the City of Sarasota, Florida,

by the addition to Section 7 of a Subsection (r); providingNays-None. enabling legislation for the future annexation of contiguous

So Senate Bill No. 1546 passed, title as stated, and the action territory by one of two methods, that is, by referendum elec-of the Senate was ordered certified to the House of Rep- tion, or by petition and consent of all the land owners in theresentatives. area sought to be annexed; providing that said provisions

shall be cumulative; and providing when the same shall takeBy Senator Kelly effect.

S. B. No. 547-A bill to be entitled An Act relating to elec- Which was read the first time by title only.tions; amending first paragraph of Section 99.021, Florida Proof of publication of Notice was attached to Senate BillStatutes; amending Chapter 101, Florida Statutes, to add NProof of publication of Notice was inattachroduced toin the Senate, and evidencellthereto a new section to 'be designated Section 101.192; pro- that such Notice has been published was established by theviding for non-partisan elections by county option in the case at such Notce has been ublished wasstablished by theof certain minor boards and offices; and fixing an effective enate, r ired by Setion 21, Article m of the Constitu-date.

Which was read the first time by title only and referred to! Senator Rood moved that the rules be waived and Senatethe Committee on Privileges and Elections. B No. 553 be read the second time by title only.

By Senator Kelly Which was agreed to by a two-thirds vote.And Senate Bill No. 553 was read the second time by title

S. B. No. 548-A bill to be entitled An Act vesting the power only.of eminint domain in boards of county commissioners, for thepurpose of acquiring public rights-of-way to navigable Senator Rood moved that the rules be further waived andstreams, lakes and waters, and providing ingress and egress Senate Bill No. 553 be read the third time in full and putthereto for the purpose of hunting, fishing, boating, bathing, upon its passage.and other public use thereof; providing the procedure in con-nection therewith and funds for the payment of necessary Which was agreed to by a two-thirds vote.compensation, costs and expenses; repealing conflicting stat- And Senate Bill No. 553 was read the third time in full.utes and laws; and fixing the effective date hereof.

Which was read the first time by title only and referred to Upon the passage of Senate Bill No. 553 the roll was calledthe Committee on 'County Organizations. and the vote was:

By Senators Bishop, Hair, Davis and Hodges- Yeas-38.Mr. President Cabot Getzen Neblett

S. B. No. 549-A bill to be entitled An Act relating to Adams Carlton Hair Pearceschool plants; amending Chapter 235, Florida Statutes, pro- Barber Carraway Hodges Popeviding standard building plans for various types of school Beall Clarke Houghton Rawlsbuildings and architectural inspection. Belser Connor Johns Rodgers

Which was read the first time by title only and referred Bishop Davis Johnson tRooto the Committee on General Legislation. Brackin Eaton Kickiter Stratton

By Senator Stenstrom- Branch Edwards KnightBronson Gautier Morgan

S. B. No. 550-A bill to be entitled An Act relating topublic schools; creating Section 236.031, Florida Statutes; Nays-None.providing for the method of distributing funds authorized So Senate Bill No. 553 passed, title as stated, and theunder Section 236.03, Florida Statutes; providing an effective action of the Senate was ordered certified to the House ofdate. Representatives.

Which was read the first time by title only and referred By Senator Rood-to the Committee on Education.

S. B. No. 554-A bill to be entitled An Act affecting theBy Senators Bishop, Hair and Hodges government of the City of Sarasota, Florida; authorizing the

S. B. No 55 bill to beentitl . Act .rejudge of its municipal court to issue search warrants uponS. B. No. 551-A bill to be entitled An Act relating to any of the following grounds when the property shall have

public schools; amending Section 230.302, Florida Statutes; bee stolen or embezzled in violation of law; when any prop-providing a basis for compensation of county superintendents erty shall have been used (a) as a means to commit anyin counties of less than 200,000; providing an effective date. misdemeanor, or (b) in connection with gambling, gambling

Which was read the first time by title only and referred implements and appliances, or when any property is beingto the Committee on Education. held or possessed; (a) in violation of any of the laws pro-

hibiting the manufacture, sale and transportation of intoxi-By pSenators Bishop, Hair and Hodges- cating liquors; (b) in violation of any of the laws or ordi-

nances of the City of Sarasota; providing for affidavits andS. B. No. 552-A bill to be entitled An Act providing for their contents in connection with the issuance of any such

the appointment and salary of secretaries for each of the search warrants; providing for service of such search war-circuit judges of judicial circuits in the State having a popu- rants; providing for the service of such search warrants inlation of not less than seventy-five thousand (75,000) and either daytime or nighttime; providing for return of propertynot more than ninety-five thousand (95,000) according to the taken under such search warrants under certain conditions;last statewide official census; and providing that a part of providing for penalties for obstruction or resistance againstthe salary of the secretaries of each judge shall be paid from officers serving or attempting to serve such search warrants,the General Revenue Fund of each county in such judicial and their deputies 'and assistants; providing penalties forcircuits in the proportion that the population of each county securing issuance and execution of search warrants maliciouslybears to the total population of such circuits as determined and without probable cause; providing for separability clauseby the last official census; making the same a county purpose; and for effective date.

280 JOURNAL OF THE SENATE April 25, 1957

Which was read the first time by title only. pertaining to suits against the city for damages, including tortProofof publicatn of N e ws a c to S e Bl actions, actions sounding in tort and actions where the plain-

Proof of publication of Notice was attached to Senate Bill tiff has an election between said actions and one for breachttNo. 554 when it was introduced in the Senate, anid eviydence of an implied contract, and providing for damages, defensesthat such Notice has been published was established by the and other details in such actions, amending Section 199 pro-Senate as required by Section 21, Article III of the Constitu- viding a saving and separability clause applicable to the Char-tion of the State of Florida. ter of the City of Sarasota as now or hereafter amended; and

Senator Rood moved that the rules be waived and Senate providing when the same shall take effect.Bill No. 554 be read the second time by title only. Which was read the first time by title only.

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

And Senate Bill No. 554 was read the second time by title No 555 when it was introduced in the Senate, and evidenceonly. that such Notice has been published was established by the

only.- ~~~~~~~~~~~Senate, as required by Section 21, Article III of the Constitu-Senator Rood moved that the rules be further waived and tion of the State of Florida.

Senate Bill No. 554 be read the third time in full and put upon Senator Rood moved that the rules be waived and Senate,ts p<assae.Senator Rood moved that the rules be waivled and Sena~teits passage. Bill No. 555 be read the second time by title only.

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

And Senate Bill No. 554 was read the third time in full. And Senate Bill No. 555 was read the second time by title

Upon the passage of Senate Bill No. 554 the roll was called only.and the vote was: Senator Rood moved that the rules be further waived and

Yeas-38. ^~~~~~~~~~Senate Bill No. 555 be read the third time in full and putYeas-38. upon its passage.

Mr. President Cabot Getzen Neblett Which was agreed to by a two-thirds vote.Adams Carlton Hair PearceBarber Carraway Hodges Pope And Senate Bill No. 555 was read the third time in full.Beall Clarke Houghton RawlsBelser Connor Johns Rodgers Upon the passage of Senate Bill No. 555 the roll was calledBishop Davis Johnson Rood and the vote' was:Boyd Dickinson Kelly StenstromBrackin Eaton Kickliter StrattonYeas-38.Branch Edwards Knight Mr. President Cabot Getzen NeblettBronson Gautier Morgan Adams Carlton Hair Pearce

Nays None Barber Carraway Hodges PopeNays-None.Beall Clarke Houghton Rawls

So Senate Bill No. ;5154 passed, title as stated, and the action Belser Connor Johns Rodgersof the Senate was ordered certified to the House of Rep- Bishop Davis Johnson Roodresentatives. Boyd Dickinson Kelly Stenstrom

Brackin Eaton Kickliter StrattonBy Senator Rood- Branch Edwards Knight

Bronson Gautier MorganS. B. No. 555-A bill to be entitled An Act to amend Chapter

23529, Laws of Florida, Special Acts of 1945, as amended, Nays-None.being the Charter of the City of Sarasota, Florida, by amend- So Senate Bill No. 555 passed, title as stated, and theing Section 6 concerning the boundaries of the city; by amend- action of the Senate was ordered certified to the House ofing Subsection (a) of S e c t i on 7 pertaining to operating, Representatives.maintaining, acquiring, regulating, leasing, concessioning,financing, pledging revenues of and selling recreational facili- By Senator Rood-ties; by amending Section 7 by the addition of a Subsection (q)pertaining to extraterritorial police powers over, and extending S. B. No. 556-A bill to be entitled An Act providing forthe jurisdiction of the municipal court over, territory of the the vacation, removal, repair, demolition or correction of anySarasota-Manatee airport authority; by amending Section 15 building or structure which is or threatens to be a publicto provide for a__ayor, vice mayor and acting mayor; by nuisance, dangerous to the health, morals, safety or generalamending Section 22 pertaining to the effective date of ordin- welfare of the people of the City of Sarasota, or which mightances and to emergency ordinances; by amending Section 28 tend to constitute a fire menace; providing for the assess-to provide for the vesting and exercise of executive and admin- ment and levy of the cost of vacation, removal, repair, dem-istrative powers, for the use of facsimile signatures by certain olition or correction thereof as a lien or special assessmentofficers, and for the appointment of deputies and assistants against such premises; providing for the enforcement of suohfor certain officers; by amending Section 29 pertaining to the liens or special assessments; providing for notice and hearingappointment of a city attorney, assistant city attorneys and in certain cases and the, methods of giving notices; providingspecial counsel, prescribing powers and duties of the city at- for the priority of such liens or special assessments, construc-torney, and providing that he shall be prosecuting attorney in tive notice thereof, a period for contesting the same, andthe municipal court with power to file informations; by amend- limitations upon the enforcement thereof; providing that theing Section 32 pertaining to the municipal court, providing authority conferred upon the City of Sarasota by said Act isfor associate municipal judges and substitute judges, making an alternative, supplemental and cumulative method of ac-the city auditor and clerk ex-officio clerk of the municipal complishing its purposes, and authorizing said city to promul-court, and providing for the jurisdiction of such court; by gate additional standards, pass all necessary ordinances andamending Section 33 pertaining to the powers of the municipal resolutions, 'and provide all necessary procedures; validatingcourt and judges, bringing cases before such court by informa- certain existing ordinances; providing for the separability oftion., affidavit and warrant, or by docket entry, providing for the parts thereof land providing when the same shall takeissuance of warrants and other process, bail, attendance of wit- effect.nesses, contempts of court, fines, pardons, releases, suspensions Wicw a e r tm b it of sentences, estreating and reinstating bonds, paroles, rules Whlch was read the first time by title only.and regulations, costs and other details and providing that Proof of publication of Notice' was attached to Senate Billtrials in the municipal court shall be without jury; by amend- No. 556 when it was introduced in the Senate, and evidenceing Section 34 to provide for the procedure on appeals from that such Notice has been published was established by thethe municipal court; by adding a Section 39/2½ following present Senate, as required by Section 21, Article III of the Constitu-Section 39, pertaining to arrests, affidavits for warrants and lion of the State of Florida.the issuance of warrants; by amending 'Section 56 pertaining tothe city treasurer and collector, his functions and duties, and Senator Rood moved that the rules be waived and Senatethe investment of certain moneys; by amending Section 196 Bill No. 556 be read the second time by title only.

April 25, 1957 JOURNAL OF THE SENATE 281

Which was agreed to by a two-thirds vote. And Senate Bill No. 557 was read the second time by title

And Senate Bill No. 556 was read the second time by title only.only. Senator Rood moved that the rules be further waived and

Senate Bill No. 557 be read the third time in full and put uponSenator Rood moved that the rules be further waived and its passage.

Senate Bill No. 556 be read the third time in full and putupon its passage. Which was agreed to by a two-thirds vote.

Which was agreed to by a two-thirds vote. And Senate Bill No. 557 was read the third time in full.

And Senate Bill No. 556 was read the third time in full. Upon the passage of Senate Bill No. 557 the roll was calledand the vote was:

Upon the passage of Senate Bill No. 556 the roll was calledand the vote was: Yeas-38.

Yeas-38. Mr. President Cabot Getzen NeblettAdams Carlton Hair Pearce

Mr. President Cabot Getzen Neblett Barber Carraway Hodges PopeAdams Carlton Hair Pearce Beall Clarke Houghton RawlsBarber Carraway Hodges Pope Belser Connor Johns RodgersBeall Clarke Houghton Rawls Bishop Davis Johnson RoodBelser Connor Johns Rodgers Boyd Dickinson Kelly StenstromBishop Davis Johnson Rood Brackin Eaton Kickliter StrattonBoyd Dickinson Kelly Stenstrom Branch Edwards KnightBrackin Eaton Kickliter Stratton Bronson Gautier MorganBranch Edwards KnightBronson Gautier Morgan Nays-None.

Nays-None. So Senate Bill No. 557 passed, title as stated, and the actionof the Senate was ordered certified to the House of Represen-

So Senate Bill No. 556 passed, title as stated, and the action tatives.of the Senate was ordered certified to the House of Repre-sentatives. By Senator Rood-

By Senator Rood- S. B. No. 558-A bill to be entitled An Act to authorize theCity of Sarasota to provide for the acquisition upon, and en-

S. B. No. 557-A bill to be entitled An Act declaring certain forcement of liens against, also custody, sale or other disposalaccumulations of trash, refuse, filth, unsightly, insanitary or of, lost, captured or stolen property; providing for the dispo-other noxious matter, and certain heavy, dense, or dank sition of the proceeds; and providing when the same shall takegrowths of weeds and other vegetation within the City of effect.Sarasota to constitute a nuisance: authorizing the City ofSarasota to remove, clear away, eliminate and dispose of such Which was read the first time by title only.accumulations or growths and to assess the cost of such work Proof of publication of Notice was attached to Senate Billagainst the property from which said accumulations or growths No 558 when it was introduced in the Senate, and evidencehave been removed; providing for the method of doing such that such Notice has been published was established by thework and of making such assessments; providing for equaliza- Senate, as required by Section 21, Article III of the Constitu-tion of assessments; providing that such assessments and inter- tion of the State of Floridaest thereon shall be a lien of equal dignity with city and countytaxes except that the same shall not take priority over a Senator Rood moved that the rules be waived and Senaterecorded lien, mechanic's lien, or statutory lien existing on Bill No. 558 be read the second time by title only.the effective date of said Act; providing for the recording inthe city records of said liens and that the same shall be Which was agreed to by a two-thirds vote.notice to the public; providing for interest on such liens, forpayment of the same, and for the enforcement and collection And Senate Bill No. 558 was read the second time by titlethereof; providing a period of thirty (30) days in which to only.contest any such liens; providing a Statute of Limitations for nar R mv that h s be further waived andsuch liens;- providing an alternative method of eliminating Senator Rood moved trhat the rules be fullrther walved andsuch growths and accumulations on a city-wide basis or in Senate Bill No. 558 be read the third time in full and put upondesignated sections, districts or zones of the city and assess- its passage.ing the cost of the work, with provisions for notice by publi- Which was agreed to by a two-thirds vote.cation, provisions that owners, agents, custodians, lessees andoccupants of real property shall be deemed to be on notice of And Senate Bill No. 558 was read the third time in full.the requirement that they keep the property in which they areinterested free of all such growths and accumulations and Upon the passage of Senate Bill No. 558 the roll was calledthat they cut and keep cut all weeds, grass and underbrush and the vote was:to a height not exceeding twelve (12) inches, and other pro- Yeas-38.visions setting out details of such alternative method; pro-viding that this Act shall be a cumulative and supplemental Mr. President Cabot Getzen Neblettmethod of accomplishing such matters and authorizing the Adams Carlton Hair PearceCity Commission of the City of Sarasota to provide by ordi- Barber Carraway Hodges Popenance or resolution for other or additional notices, hearings, Beall Clarke Houghton Rawlsprocedures, work, standards or details to effect such purposes; Belser Connor Johns Rodgersproviding for the separability of the parts thereof and provid- Bishop Davis Johnson Rooding when the same shall take effect. Boyd Dickinson Kelly Stenstrom

Brackin Eaton Kickliter StrattonWhich was read the first time by title only. Branch Edwards Knight

Bronson Gautier MorganProof of publication of Notice was attached to Senate Bill

No. 557 when it was introduced in the Senate, and evidence Nays-None.that such Notice has been published was established by theSenate, as required by Section 21, Article III of the Constitu- So Senate Bill No. 558 passed, title as stated, and the actiontion of the State of Florida. of the Senate was ordered certified to the House of Represen-

tatives.Senator Rood moved that the rules be waived and Senate By direction of the President the following communication

Bill No. 557 be read the second time by title only. was read:

Which was agreed to by a two-thirds vote. OFFICE OF STATE ATTORNEY

282 JOURNAL OF THE SENATE April 25, 1957

SECOND JUDICIAL CIRCUIT United States, the Vice President of the United States, theOF FLORIDA Speaker of the House of Representatives of the Congress of the

United States, and each member of the Florida delegation inTALLAHASSEE the United States House of Representatives and the UnitedApril 24, 1957 States Senate and to the respective houses of the legislature of

April 24. 1957 the several states of the United States.Honorable W. A. Shands, President, order and read the second time in full.Florida State Senate,Florida State Senate, Was taken up in its order and read the second time in full.Capitol Building, The question was put on the adoption of the ConcurrentTallahassee, Florida. Resolution.

Sir: Which was agreed to and Senate Concurrent ResolutionHonorable Richard W. Ervin, Attorney General of the State No. 381 was adopted, and the action of the Senate was ordered

of Florida, has informed the undersigned as State Attorney certified to the House of Representatives.that a member of the Senate has reported to him that such MESSAGES FROM THE GOVERNORmember has received by messenger from some individualmoney under such circumstances it could possibly be consider- The following Communications from the Governor were read:ed an attempt to influence the action of such Senator in theamendment or passage of a bill then pending before the Florida STATE OF FLORIDAState Senate.

OFFICE OF THE GOVERNORA complete investigation and study of the entire matter

is being made by this office and a conclusion will be reached TALLAHASSEEin the near future as to whether or not the facts justify apresentation of the matter to a Grand Jury for consideration April 23, 1957as a possible violation of the bribery laws. Honorable W. A. Shands

Respectfully yours, President of the Senate,Respectfully yours, State Capitol,WILLIAM D. HOPKINS, Tallahassee, Florida.State Attorney. Sir:

CONSIDERATION OF SENATE CONCURRENTRESOLUTION ON SECOND READING CIn accordance with the provisions of Senate Concurrent

Resolution No. 468, I return herewith Senate Bill No. 174.Senate Concurrent Resolution No. 381:

Respectfully,A CONCURRENT RESOLUTION MEMORIALIZING THE

CONGRESS OF THE UNITED STATES TO ENACT LEGIS- LeROY COLLINSLATION PROVIDING FOR THE REPEAL OF THE FEDERAL GovernorEXCISE TAX UPON THE TRANSPORTATION OF PAS-SENGERS AND FREIGHT E TANSPORTATION OF PAS- Senator Morgan moved that the rules be waived and the

SSenate immediately reconsider the vote by which Senate BillWHEREAS, The' Federal excise tax upon the transportation No. 174 passed the Senate on April 9, 1957.

of passengers and freight was adopted in 1942 as a wartimetax to discourage the movement of civilian passengers and S. B. No. 174-A bill to be entitled An Act relating to thefreight during World War II; and, State tax on motor fuels; redefining the term distributor;

freight during World War II;andproviding for the payment of the gasoline tax by wholesaleWHEREAS, Today, eleven years after the' cessation of hos- purchasers of gasoline in bulk quantities; amending Subsec-

tilities, there continues a ten per cent levy on the transporta- tion ('5) of Section 207.01, Florida Statutes; and amendingtion of passengers and a three per cent levy on the transporta- Section 208.04, Florida Statutes; and providing an effectivetion of property, which taxes while collected by the common date.carriers of transportation by rail, by highway, by water andin the air, are imposed upon and collected from the users of The President put the question: "Will the Senate reconsidersuch transportation; and, the vote ,by which Senate Bill No. 174 passed the Senate on

April 9, 1957?"WHEREAS, Millions of dollars in revenues are paid to the

State of Floridaj.y those common carriers; and, Which was agreed ,to by a two-thirds vote.

WHEREAS, The tax upon the transportation of freight by ,So the Senate reconsidered the vote by which Senate Billreason of the transportation of raw materials to the point of No. 174 passed the Senate on April 9, 1957.manufacture and from the point of manufacture to processing 'The question recurred on the passage of Senate Bill No. 174.and ultimate distribution to the consumer, frequently has acumulative effect resulting in a heavy and burdensome tax Pending roll call on the passage of Senate Bill No. 174, byupon the finished product and the consumer thereof; and, unanimous consent Senator Morgan offered the following

WHEREAS, Such excise taxes on transportation by reason amendment to Senate Bill No. 174:of the distance from the State of Florida and the markets for In oFlorida products, agricultural, horticultural and manufactured, In Section 2, strike out: Subsection (2) of Section 208.04impose a heavy ,and undue burden upon Florida shippers and and sert n leu thereof the following:also tend to burden tourist travel to and from the State of (2) Provided, distributors who hold valid distributor'sFlorida; and, licenses, may purchase gasoline in bulk lots, without the tax

WHEREAS, The continuance of Federal excise taxes upon imposed by this section being paid upon the first sale orcommon carrier transportation of persons and property is no transfer in this State as aforesaid, for sale in wholesalelongemr npecespsarrierytvap NOW THEREFORE s and property is no quantities to retail dealers in the State, and be liable for andlonger necessary; NOW, THEREFORE, shall pay the tax on all gasoline so purchased and sold, and

BE IT RESOLVED BY THE SENATE OF THE STATE OF shall act as agent for the State in the collection and paymentFLORIDA, THE HOUSE OF REPRESENTATIVES CONCUR- thereof. As a condition precedent to a distributor purchasingRING: and selling gasoline and like products under this subsection

without the tax being paid upon the first sale or transactionThat we respectfully urge and request the Congress of the in this State, he must have made average monthly sales for

United States to enact legislation which will provide for the the twelve (12) months next preceding of not less than fiftyrepeal of the Federal excise taxes upon the transportation of thousand (50,000) gallons.persons and property.

Senator Morgan moved the adoption of the amendment.BE IT RESOLVED That the Secretary of State be directed

to transmit a copy of this resolution to the President of the Which was agreed to and the amendment was adopted.

April 25, 1957 JOURNAL OF THE SENATE 283

Senator Morgan moved that Senate Bill No. 174, as And Senate Bill No. 18, as amended, was read in full.amended, be read in full and put upon its passage.

Upon call of the roll on the passage of Senate Bill No. 18,Which was agreed to. as amended, the vote was:

And Senate Bill No. 174, as amended, was read in full. Yeas-34.

Upon call of the roll on the passage of Senate Bill No. Mr. President Carlton Hair Pearce174, as amended, the vote was: Adams Carraway Hodges Pope

Barber Clarke Houghton RawlsYeas-34. Belser Connor Johns Rodgers

Bishop Davis Johnson RoodMr. President Carlton Hair Pearce Boyd Eaton Kelly StenstromAdams Carraway Hodges Pope Brackin Edwards Knight StrattonBarber Clarke Houghton Rawls Branch Gautier MorganBelser Connor Johns Rodgers Bronson Getzen NeblettBishop Davis Johnson RoodBoyd Eaton Kelly Stenstrom Nays-None.Brackin Edwards Knight StrattonBranch Gautier Morgan So Senate Bill No. 18 passed, as amended, and was referredBronson Getzen Neblett to the Secretary of the Senate as Ex Officio Engrossing Clerk,

for engrossing.Nays-None.

MESSAGES FROM THE HOUSE OF REPRESENTATIVESSo Senate Bill No. 174 passed, as amended, and was referred

to the Secretary of the Senate as Ex Officio Engrossing Clerk, The following message from the House of Representativesfor engrossing. was read:

STATE OF FLORIDA Tallahassee, Florida,April 24, 1957.

OFFICE OF THE GOVERNOR The Honorable W. A. Shands,TTALLAHASSEE President of the Senate.TALLAHASSEE

April 24, 1957. Sir:

The Honorable W. A. Shands, I am directed by the House of Representatives to inform thePresident of the Senate, Senate that the House of Representatives has passed, withState Capitol, amendment-Tallahassee, Florida. By Senator Brackin-(By Request)-

sir: S. B. No. 118-A bill to be entitled An Act providing forin accordance with the provisions of Senate Concurrent the practice of physical therapy; defining and regulating the

Resolution No. 491, I return herewith Senate Bill No. 18. practice thereof; prescribing in the duties of the State Boardof Medical Examiners under this Act; prescribing penalties

Respectfully, for violation of this Act; and repealing Chapter 486, FloridaStatutes, 1951, and all Acts amendatory thereto, and all laws

LeROY COLLINS, in conflict herewith.Governor.

-which amendment reads as follows:Senator Stenstrom moved that the rules be waived and the

Senate immediately reconsider the vote by which Senate Bill In Section 5, Sub-section (2), Page 4, Line 11, strike out:No. 18 passed the Senate on April 3, 1957. "shall appoint no physical therapists other than those so

recommended;" and insert the following in lieu thereof: "mayS. B. No. 18-A bill to be entitled An Act providing for appoint from submitted list, in its discretion, any of those so

further ,and additional salary to be paid by any county of the recommended;"State of Florida having a population of not less than 23625and not more than 24000, according to the latest official cen- -and respectfully requests the concurrence of the Senatesus, to the Judges of the Circuit Court residing in and a resi- therein.dent of said county, and providing for additional salary to be Re tfullpaid from the general revenue fund from such county; making espec u y,the same a county proposition and repealing all laws in con- LIAMI BLEDSO'E,flict herewith. Chief Clerk, House of Representatives.

The President put the question: "Will the Senate reconsider And Senate Bill No. 118, contained in the above message,the vote by which Senate Bill No. 18 passed the 'Senate on was read by title, together with the House Amendment thereto.April 3, 1957?"

*i was agred t by a, trd-i vote.Senator Brackin moved that the 'Senate concur in the HouseWhich was agreed to by a two-thirds vote. Amendment to Senate Bill No. 118.,So the Senate reconsidered the vote by which 'Senate Bill Which was agreed to and the Senate concurred in the House

No. 18 passed the Senate on April 3, 1957. Amendment to Senate Bill No. 118.

The question recurred on the passage of Senate Bill No. 18. And Senate Bill 'No. 118, as amended, was referred to the

Pending roll call on the passage of Senate Bill No. 18, by Secretary of the 'Senate as Ex Officio Engrossing Clerk, forunanimous consent Senator Stenstrom offered the following engrossing, and the action of the Senate was ordered certifiedamendment to Senate Bill No. 18: to the House of Representatives.

lThe folhw'ing message from the HIouse of RepresentativesIn Section 1, line 9, (typewritten bill) after the words: "an- eflwig messag from the House of Reesentativesnually" and before the word "to" insert the following: , retro- was reaactive to January 1, 1957, Tallahassee, Florida,

Senator iStenstrom moved the adoption of the amendment April 24, 1957.The Honorable W. A. Shands,

Which was agreed to and the amendment was adopted. President of the Senate.

Senator Stenstrom moved that Senate Bill No. 18, as Sir:amended, be read in full and put upon its passage.amended, be rainflI am directed by the House of Representatives to inform the

Which was agreed to. Senate that the House of Representatives has passed-

284 JOURNAL OF THE SENATE April 25, 1957

By Senator Edwards- I am directed by the House of Representatives to informthe Senate that the House of Representatives has passed-S. B. No. 184-A bill to be entitled An Act requiring security

for deposits in banks of funds of the State Board of Control. By Messrs. Hopkins of Escambia, Stewart of Okaloosa, and_ espectfully, ~~Beasley of Walton-

Respectfully,AMAR BLEDSOE, *CT~va^Tp H. B. No. 468-A bill to be entitled An Act relating to the

LAMARhE BLEDSOE, First Judicial Circuit; amending 'Section 29.10, Florida Statutes,Chief Clerk, House of Representatives, by providing for an additional assistant court reporter; and

And ISenate Bill No. 184, contained in the above message, providing an effective date.was referred to the Secretary of the Senate as Ex Officio 4and respectfully requests the concurrence of the SenateEnrolling Clerk, for enrolling, therein.

The following message from the House of Representatives Respectfullywas read:

Tallahassee, Florida, LAMAR BTLEDSOE,April 24, 1957. Chief Clerk, House of Representatives.

The Honorable W. A. Shands And House Bill No. 468, contained in the above message,President of the Senate. was read the first time by title only.

Sir: Senator Brackin moved that the rules be waived and HouseBill No. 468 be read the second time by title only.

I am directed by the House of Representatives to inform .the Senate that the House of Representatives has passed Which was agreed to by a two-thirds vote.

By Senator Cabot- And House Bill No. 468 was read the second time by title only.

S. B. No. 324-A bill to be entitled An Act effective in Senator Brackin moved that the rules be further waivedcounties having population of not less than 83,750 and not and House Bill No. 468 be read the third time in full and putmore than 112,000, according to the last official census, pro- upon its passage.hibiting marginal entries on records of instruments filed for Which was agreed to by a two-thirds vote.record in the office of the Clerk of the Circuit Court; pro-viding for the making and recording of separate instruments And House Bill No. 468 was read the third time in full.containing any matter heretofore required or permitted tobe entered upon the margins of such records. Upon the passage of House Bill No. 468 the roll was called

and the vote was:Also-

Yeas-33.By Senator Kickliter-

Mr. President Cabot Gautier PearceS. B. No. 354-A bill to be entitled An Act relating to Adams Carlton Getzen Rawls

juries and jury lists in counties having a population of over Barber Carraway Hair Rodgersone hundred fifty thousand (150,000) and not more than Belser Clarke Hodges Roodthree hundred thousand (300,000) inhabitants according to Bishop Connor Houghton Stenstromthe last federal census, and in which there is a jury commis- Boyd Davis Johnson Strattonsion established and functioning according to law; prescribing Brackin Dickinson Kellythe duties of the clerk of the Circuit Court, the sheriff, and Branch Eaton Kickliterthe county judge in such counties with respect to the trans- Bronson Edwards Neblettcription and preservation of such jury lists; relieving thesheriff and the county judge of necessity of being present Nays-None.while the names on the lists of jurors are being written on sep- So House Bill No. 468 passed, title as stated, and the actionarate pieces of paper, but requiring their presence, or the of theoSenate was ordered certified to the House of Represen-presence of one or more of theirdeputies and clerks appointed tesodered certifi te House of Represenand acting according to Sections 30.07 Florida Statutes and tatives.36.04 Florida Statutes, respectively, while such separate The following message from the House of Representativespieces of paper. o which the names of the jurors are written was read:are rolled or folded and deposited in the jury box accordingto the provisions of Section 40.06 Florida Statutes; and pre- Tallahassee, Florida,scribing the time this law takes effect and ends. April 24, 1957.

Also- The Honorable W. A. Shands,By_~ Senator,~~ Branch- ~President of the Senate.

By Senator Branch-Sir:

S. B. No. 244-A bill to be entitled An Act relating to coun-ties of not less than five thousand five hundred (5,500) nor I am directed by the House of Representatives to informmore than six thousand (6,000) inhabitants by the latest the Senate that the House' of Representatives has passed-official census; repealing Chapter 26533, Acts 1951, prohibitingfishing in Alligator Harbor. By Mr. Sheppard of Lee-

Respectfully, H. B. No. 360-A bill to be entitled An Act to permit pro-TLAMAR BLEDISE TQ^ducers of oyster shell by shucking operations to dispose of

CiLAMAR BLEDk SOE . shell production privately under certain conditions; amendingChief Clerk, House of Representatives. Subsection (37) of Section 370.16, Florida Statutes.And Senate Bills Nos. 324, 354 and 244, contained in the Also-

above message, were referred to the Secretary of the Senateas Ex Officio Enrolling Clerk, for enrolling. By Mr. Gibbons of Hillsborough-

The following message from the House of Representatives H. B. No. 425-A bill to be entitled An Act to amend Sub-was read: section (1) of Section 212.08, Florida Statutes, to specifically

Tallahassee, Florida, state what is not included in exemptions for food products.April 24, 1957.

The Honorable W. A. Shands, Also-President of the Senate. By Mr. Duncan of Lake-

Sir: H. B. No. 149-A bill to be entitled An Act relating to time

April 25, 1957 JOURNAL OF THE SENATE 285and circumstances under which intangible personal property viding for such monies to be deposited into the general revenuetaxes are a lien; amending Section 199.22, Florida Statutes; fund.providing a statute of limitations; providing an effective date.

Also--and respectfully requests the concurrence of the Senatetherein. By Mr. Sheppard of Lee-

Respectfully, H. B. No. 359-A bill to be entitled An Act to require theplacing of signs or markers upon the water bottoms of all

LAMAR BLEDSOE, grants or leases in the state for oyster culture; amending Sec-Chief Clerk, House of Representatives. tions 370.03 and 370.16(3), Florida Statutes; and providing a

penalty for violations.And House Bill No. 360, contained in the above message,was read the first time by title only ,and referred to the Corn- -and respectfully requests the concurrence of the Senatemittee on Game and Fisheries. therein.

And House Bill No. 425, contained in the above message, Respectfully,was read the first time by title only and referred to theCommittee on Finance and Taxation. LAMAR BLEDSOE,

Chief Clerk, House of Representatives.And House Bill No. 149, contained in the above message,

was read the first time by title only and referred to the And House Bill No. 402, contained in the above message,Committee on Finance and Taxation. was read the first time by title only and referred to the Com-

mittee on Game and Fisheries.The following message from the House of RepresentativesThwas read: followingmessagefromtheHouseofRepresentative And House Bill No. 398, contained in the above message, was

read the first time by title only and referred to the CommitteeTallahassee, Florida, on Game and Fisheries.

April 24, 1957.And House Bill No. 359, contained in the above message, was

The Honorable W. A. Shands, read the first time by title only and referred to the CommitteePresident of the Senate. on Game and Fisheries.Sir: The following message from the House of Representatives

I am directed by the House of Representatives to inform was read:the Senate that the House, of Representatives has passed- Tallahassee, Florida,

By Mr. Stewart of Hendry- Aprl 24, 1957.The Honorable W. A. Shands,H. B. No. 339-A bill to be entitled An Act to amend Section President of the Senate

659.13, Sub-Section (1), Florida Statutes, by increasing themaximum loan from three thousand dollars to five thousand Sir:dollars.

I am directed by the House of Representatives to inform-and respectfully requests the concurrence of the Senate the Senate that the House of Representatives has passed-therein.

By the Committee on Public Safety.Respectfully,

Committee Substitute for House Bill No. 55--LAMAR BLEDSOE,

Chief Clerk, House of Representatives. A bill to be entitled An Act relating to motor vehicle drivers'licenses; amending Section 322.09, Florida Statutes, by pro-

And House Bill No. 339, contained in the above message, viding for revocation of a minor's permit or license upon con-was read the first time by title only. viction of a traffic law or ordinance violation while driving

Senator Barber moved that the rules be waived and House a motor vehicle.Bill No. 339 be placed on the Calendar of Bills on Second Read- -. and respectfully requests the concurrence of the Senateing, without reference. therein.

Which was agreed to by a two-thirds vote and it was so Respectfully,ordered.

LAMAR BLEDSOE,The following message from the House of Representatives Chief Clerk, House of Representatives.

was read:And Committee Substitute for House Bill No. 55, contained

Tallahassee, Florida, in the above message, was read the first time by title only andApril 24, 1957. referred to the Committee on Motor Vehicles.

The Honorable W. A. Shands, The following message from the House of RepresentativesPresident of the Senate. was read:Sir: Tallahassee, Florida,

April 24, 1957.I am directed by the House of Representatives to informthe Senate that the House of Representatives has passed- The Honorable W. A. Shands,

President of the Senate.By Mr. Sheppard of Lee-

Sir:H. B. No. 402-A bill to be entitled An Act relating to the

salt water fisheries and conservation; repealing Subsection I am directed by the House of Representatives to inform(19) of Section 370.16, Florida Statutes; prescribing standard the Senate that the House of Representatives has passed-measure for oysters and clams.

By Mr. Peacock of Jackson-Also-

H. B. No. 192-A bill to be entitled An Act designatingBy Mr. Sheppard of Lee- Gainesville as the site of a school of dentistry.H. B. No. 398-A bill to be entitled An Act relating to the _and respectfully requests the concurrence of the Senate

State Board of Conservation; amending Subsection (6) of Sec- thereintion 370.02, Florida Statutes; authorizing the board to receivepayment or exchange material for published material; pro- Respectfully,

286 JOURNAL OF THE SENATE April 25, 1957

LAMAR BLEDSOE, By Mr. Duncan of Lake-Chief Clerk, House of Representatives.

Chief Clerk, House of Representatives. H. B. No. 152-A bill to be entitled An Act relating to theAnd House Bill No. 192, contained in the above message, excise tax on documents; amending Chapter 201, Florida Stat-

was read the first time by title only and referred to the utes, repealing Section 201.03 relating to an excise tax on pow-Committee on Education. ers of attorney; repealing Section 201.06 relating to an excise

tax on proxies of certain stockholders; adding Section 201.131The following message from the House of Representatives authorizing the payment of excise taxes on documents by the

was read: use of metering machines and providing for rules and regu-Tallahassee, Florida, lations governing the use thereof; and providing for an

April 24, 1957: effective date.

The Honorable W. A. Shands, -and respectfully requests the concurrence of the SenatePresident of the Senate.therein.

Sir: Respectfully,

I am directed by the House of Representatives to inform LAMAR BLEDSOE,the Senate that the House, of Representatives has passed- Chief lerk, House of Representatives.

By Messrs. Roberts and Blank of Palm Beach and Peacock And House Bill No. 153, contained in the above message,of Jacksonp was read the first time by title only and referred to the

Committee on Finance and Taxation.H. B. No. 252-A bill to be entitled An Act to make it un-

lawful to use on the public highways of the State of Florida And House Bill No. 151, contained in the above message,any bus of an orange color for the transportation of persons was read the first time by title only and referred to the Corn-other than a school bus for the transportation of school chil- mlttee on Financ and Taxation.dren to and from school, and to make it unlawful for any And House Bill No. 152, contained in the above message,person to use on the public highways of the State of Florida was read the first time by title only and referred to the Comn-any bus of an orange color which was formerly used as a mittee on Finance and Taxation.school bus for the transportation of school children to andfrom school unless the color of such bus has been changed The following message from the House of Representativesfrom orange to another color by repainting, and from which was read:has been removed all signs and insignia thereon which wasTallahassee Floridaintended to designate it as a school bus. April 24, 1957.

-and respectfully requests the concurrence of the Senate The Honorable W. A. Shands,therein. President of the Senate.

Respectfully, ir:

LAMAR BLEDSOE, I am directed by the House of Representatives to informChief Clerk, House of Representatives. the Senate that the House of Representatives has pasised-

And House Bill No. 252, contained in the above message, By Mr. Anderson of Jefferson-was read the first time by title' only and referred to the H. B. No. 733-A bill to be entitled An Act to provide forCommittee on Transportation and Traffic. the disposition of cash bonds on deposit with the sheriff of

The following message from the House of Representatives Jeff an viing efetived a specified periodwas read:

Tallahassee, Florida, Proof of publication attached.April 24, 1957. Also-

The Honorable W. A. Shands, By Mr. Anderson of Jefferson-President of the Senate.Sir: H. B. No. 734-A bill to be entitled An Act authorizing county

Sr:. commissioners of Jefferson County to make limited donationsI am directed by the House of Representatives to inform the to the Girl Scouts and Boy IScouts of Jefferson County, to the

Senate that the House of Representatives has passed- Jefferson County High School Band, and the Jefferson Countyathletic department; and providing an effective date.

By Mr. Duncan of Lake- Proof of publication attached.H. B. No. 153-A bill to be entitled An Act relating to the Also

tax on sales, use and certain transactions; amending Section212.14, Florida Statutes, by adding Subsection (5), relating to By Messrs. Harris and Barron of Bay-the period of time within which the Comptroller of the Statemay determine and assess taxes imposed by Chapter 212, H. B. No. 744-A bill to be entitled An Act relating to BayFlorida Statutes; amending Sections 212.04(4), 212.12(7) and County; creating and establishing the office of county prose-212.13(2), Florida Statutes, in conformance therewith; repeal- cuting attorney of Bay County; providing for the appointment,ing all laws in conflict; and providing an effective date. election, term of office, powers, duties, and compensation of

the county prosecuting attorney; providing for the repeal ofAlso- conflicting laws, including the repeal of 'Chapter 19476, Laws

of Florida, 1939; and providing effective date.By Mr. Duncan of Lake- Proof of publication attached.

H. B. No. 151-A bill to be entitled An Act relating to es- -and respectfully requests the concurrence of the Senatetate taxes; amending Section 198.22, Florida Statutes, relating thereinto the divestment of the lien for unpaid taxes on such partof the gross estate of a resident decedent as is transferred to Respectfully,a bona fide purchaser, mortgagee or pledgee; amending Sec- LAMAR BLEDSOE,tion 198.33, Florida Statutes, by providing that the lien for Chief Clerk, House of Representatives.taxes imposed by Chapter 198, Florida Statutes, shall not con-tinue for more than twenty (20) years after the death of a Proof of publication of Notice was attached to House Billdecedent; making retroactive the effects of such amendments; No. 733 when it was introduced in the Senate, and evidencerepealing all laws in conflict; and providing an effective date. that such Notice has been published was established by the

'Senate, as required by Section 21, Article III of the Constitu-Also- tion of the State of Florida.

April 25, 1957 JOURNAL OF THE SENATE 287

And House Bill No. 733, contained in the above message was Senate, as required by Section 21, Article III of the Constitu-read the first time by title only. tion of the State of Florida.

Senator Clarke moved that the rules be waived and House And House Bill No. 744, contained in the above message,Bill No. 733 be read the second time by title only. was read the first time by title only.

Which was agreed to by a two-thirds vote. Senator Knight moved that the rules be waived and HouseBill No. 744 be read the second time by title only.

And House Bill No. 733 was read the second time by titleonly. Which was agreed to by a two-thirds vote.

Senator Clarke moved that the rules be further waived and And House Bill No. 744 was read the second time by titleHouse Bill No. 733 be read the third time in full and put upon only.

Senator Knight moved that the rules be further waived andWhich was agreed to by a two-thirds vote. House Bill No. 744 be read the third time in full and put upon

its passage.And House Bill No. 733 was read the third time in full.

Which was agreed to by a two-thirds vote.Upon the passage of House Bill No. 733 the roll was called

and the vote was: And House Bill No. 744 was read the third time in full.

Yeas--38. Upon the passage of House Bill No. 744 the roll was calledand the vote was:

Mr. President Cabot Getzen NeblettAdams Carlton Hair Pearce Yeas-38.Barber Carraway Hodges PopeBeall Clarke Houghton Rawls Mr. President Cabot Getzen NeblettBelser Connor Johns Rodgers Adams Carlton Hair PearceBishop Davis Johnson Rood Barber Carraway Hodges PopeBoyd Dickinson Kelly Stenstrom Beall Clarke Houghton RawlsBrackin Eaton Kickliter Stratton Beishop Davisonnor Johns RodgersBranch Edwards Knight BISHOP Davis Johnson RoodBronson Gautier Morgan Boyd Dickinson Kelly StenstromBronson Gautier Morgan Brackin Eaton Kickliter Stratton

Nays Nonne Branch Edwards KnightNays-None. Bronson Gauticr MorganSo House Bill No. 733 passed, title as stated, and the action Nays-None.

of the Senate was ordered certified to the House of Represen-tatives. So House Bill No. 744 passed, title as stated, and the action

Proof of publication of Notice was attached to House Bill the Senate was ordered certified to the House of Represen-No. 734 when it was introduced in the Senate, and evidence tatives.that 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 Constitu- was read:tion of the State of Florida.

Tallahassee, Florida,And House Bill No. 734, contained in the above message, was April 24, 1957.

read the first time by title only. The Honorable W. A. Shands,

Senator Clarke moved that the rules be waived and House President of the Senate.Bill No. 734 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 informAnd House Bill No. 734 was read the second time by title the Senate that the House of Representatives has passed-

only. By Mr. Russ of Wakulla-

Senator Clarke moved that the rules be further waived and H. B. No. 639-A bill to be entitled An Act relating to theHouse Bill No. 734 be read the third time in full and put upon annual compensation of county commissioners in countiesits passage. having a population of five thousand and one (5,001) to five

Which was agreed to by a two-ithirds vote thousand five hundred (5,500) inclusive according to lastWhich was agreed to by a two-thds voteofficial census amending Section 125.161 (1) (b) 1., Florida

And House Bill No. 734 was read the third time in full. Statutes.

Upon the passage of House Bill No. 734 the roll was called Also-and the vote was: By Mr. Hollahan of Dade-

Yea-s-38. H. B. No. 650-A bill to be entitled An Act relating to sher-Mr. President Cabot Getzen Neblett iffs and constables of counties in the State having a popula-Adams Carlton Hair Pearce tion in excess of four hundred seventy-five thousand (475,-Barber Carraway Hodges Pope 000) according to the last official state-wide census; amendingBeall Clarke Houghton Rawls Chapter 30, Florida Statutes, by directing the sheriffs andBelser Connor Johns Rodgers constables of such counties to charge a fixed, nonrefundableBishop Davis Johnson Rood fee for service of process; providing an effective date.Boyd Dickinson Kelly StenstromBrackin Eaton Kickliter Stratton Also-Branch Edwards KnightBronson Gautier Morgan By Messrs. Land and Sutton of Orange-

Nays-None. H. B. No. 595-A bill to be entitled An Act relating to filingfees, court costs, and waiver of costs, and amending Section

So House Bill No. 734 passed, title as stated, and the action 42.11, Florida Statutes, in small claims courts in countiesof the Senate was ordered certified to the House of Represen- having a population of not less than 114,900 and not moretatives. than 120,000, according to the last official statewide census,

and providing an effective date.Proof of publication of Notice was attached to House Bill

No. 744 when it was introduced in the Senate, and evidence -and respectfully requests the concurrence of the Senatethat such Notice has been published was established by the therein.

288 JOURNAL OF THE SENATE April 25, 1957

Respectfully, Tallahassee, Florida,April 24, 1957.

LAMAR BLEDSOB, The Honorable W. A. Shands,Chief Clerk, House of Representatives. President oftheW Shands,

And House Bill No. 639, contained in the above message,was read the first time by title only and placed on the Calen- Str,dar of Local Bills on Second Reading. I am directed by the House of Representatives to inform

And House Bill 'No. 650, contained in the above message, was the Senate that the House of Representatives has passed-read the first time by title only. By Mr. Muldrew of Brevard-

Senator Eaton moved that the rules be waived and House H. B. No. 456-A bill to be entitled An Act relating to allBill No. 650 be read the second time by title only. counties in the state having a population of more than 23,650

Which was agreed to by a two-thirds vote. and less than 24,500 according to the latest official federalcensus; providing for liens in favor of operators of hospitals

And House Bill No. 650 was read the second time by title upon causes of action, suits, claims, counterclaims and de-only. mands accruing to patients therein, or their legal representa-

tives, and upon judgments, settlements and settlement agree-Senator Eaton moved that the rules be further waived and ments, on account of illness or injuries of such patients, for all

House Bill No. 6150 be read the third time in full and put upon reasonable charges for hospital care, treatment and mainten-its passage. ance necessitated by such illness or injuries; providing for

Which was agreed (to by a two-thirds vote. method of perfecting and enforcing such liens, and recoveryof costs, attorney's fees and expenses, and where suits thereon

And House Bill No. 650 was read the third time in full. may be maintained; forbidding recovery of damages for hospi-tal care, treatment and maintenance, unless claimant therefor

Upon the passage of House Bill No. 6150 the roll was called has paid costs thereof except in certain cases; providing forand the vote was: intervention by lienholder and verdict and judgment in favor

of lienholder in certain cases; requiring claims for lien to beYeas--38. recorded and fees for recording; providing that no release or

Mr. President Cabot Getzen Neblett satisfaction shall be valid as against lien unless lienholderAdams Carlton Hair Pearce joins therein or executes release; providing that acceptance ofBarber Carraway Hodges Pope release or satisfaction of any cause of action, suit, claim, coun-Beall Clarke Houghton Rawls terclaim, demand or judgment and any settlement in absenceBelser Connor Johns Rodgers of release or satisfaction of lien shall prima facie constituteBishop Davis Johnson Rood impairment of such lien, and giving lienholder right of actionBoyd Dickinson Kelly Stenstrom at law for damages on account of such impairment, and pro-Brackin Eaton Kickliter Stratton viding for recovery from one accepting release or satisfactionBranch Ew Ki t Strattonor making settlement; exempting from provisions of this ActBranch Edwards K night matters within purview of Workmen's Compensation Act ofBronson Gautier Morgan this state.

Nays-None. Also-

So House Bill No. 650 passed, title as stated, and the action By Messrs Shaffer Petersen and Carney of Pinellasof the Senate was ordered certified to the House of Represen-tatives. H. B. No. 195 - A bill to be entitled An Act to amend

And House Bill No. 595contained in the above message was Section 2 of 'Chapter 14678, Acts of 1931, creating a CountyAnd House Bill No. 595, contained in the above message, was C s in 4 al c ti othe s aread the first time by titleonly. S Budget Commission in all counties of the state having aread the first time by title only. population of not less than one hundred fifty thousand

Senator Rodgers moved that the rules be waived and House (150,000) by the last preceding state or federal census byBill No. 595 be read the second time by title only. making Chapter 14678 applicable in counties of not less than

two hundred forty-five thousand (245,000) inhabitants by theWhich was agreed to by a two-thirds vote. latest official census; and providing an effective date.

And House Bill No. 595 was read the second time by title only. Also-

Senator Rodgers moved that the rules be further waived and By Messrs. Moody, Gibbons and Mann of Hillsborough-House Bill No. b5- be read the third time in full and put upon H. B. No. 430-A bill to be entitled An Act to amend Sectionits passage. H. B. No. 430-A bill to be entitled An Act to amend Sectionits passage. 6, Chapter 22195, laws of 1943, as amended, relating to pri-

Which was agreed to by a two-thirds vote. maries and elections and creating county election boards incounties having a population of not less than two hundred

And House Bill No. 595 was read the third time in full. thousand (200,000) and not more than three hundred thousand

Upon the passage of House Bill. No. 595 the roll was called (300.000) inhabitants, according to the last preceding officialand the vote was: census, by adding Subsection 10 to Section 6 to provide author-

ity for said board to appoint inspectors, clerks of election andYeas-38. alternates who are qualified electors and residents of the

county commissioner district in which said precinct or electionMr. President Cabot Getzen Neblett district is located.Adams Carlton Hair PearceBarber Carraway Hodges Pope -and respectfully requests the concurrence of the SenateBeall Clarke Houghton Rawls therein.Belser Connor Johns Rodgers Respectfully,Bishop Davis Johnson Roodspectfully,Boyd Dickinson Kelly Stenstrom LAMAR BLEDSOE,Brackin Eaton Kickliter Stratton Chief Clerk, House of Representatives.Branch Edwards KnightBronson Gautier Morgan And House Bill No. 456, contained in the above message,

was read the first time by title only.Nays-None.

Senator Stenstrom moved that the rules be waived andSo House Bill No. 595 passed, title as stated, and the action House Bill No. 456 be read the second time by title only.

of the Senate was ordered certified to the House of Represen-tatives. Which was agreed to by a two-thirds vote.

The following message from the House of Representatives And House Bill No. 456 was read the second time by titlewas read: only.

April 25, 1957 JOURNAL OF THE SENATE 289

Senator Stenstrom moved that the rules be further waived Upon the passage of House Bill No. 430 the roll was calledand House Bill No. 456 be read the third time in full and put and the vote was:upon its passage. Yeas-38.

Which was agreed to by a two-thirds ote.Mr. President Cabot Getzen Neblett

And House Bill No. 456 was read the third time in full. Adams Carlton Hair PearceBarber Carraway Hodges Pope

Upon the passage of House Bill No. 456 the roll was called Beall Clarke Houghton Rawlsand the vote was: Belser Connor Johns Rodgers

Bishop Davis Johnson RoodYeas--38. Boyd Dickinson Kelly Stenstrom

Mr. President Cabot Getzen Neblett Brackin Eaton Kickliter StrattonAdams Carlton Hair Pearce Branch Edwards KnightBarber Carraway Hodges Pope Bronson Gautier MorganBeall Clarke Houghton Rawls Nays-None.Belser Connor Johns RodgersBishop Davis Johnson Rood ;So House Bill No. 430 passed, title as stated, and the actionBoyd Dickinson Kelly Stenstrom of the Senate was ordered certified to the House of Represen-Brackin Eaton Kickliter Stratton tatives.Branch Edwards KnightBronson Gautier Morgan The following message from the House of Representatives

was read:Nays-None.

Tallahassee, Florida,So House Bill No. 456 passed, title as stated, and the action April 24, 1957.

of the Senate was ordered certified to the House of Repre-sentatives. The Honorable W. A. Shands,

President of the Senate.And House Bill No. 195, contained in the above message, S.

was read the first time by title only.

Senator Houghton moved that the rules be waived and I am directed by the House of Representatives to informHouse Bill No. 195 be read the second time by title only. the Senate that the House of Representatives has passed-

Which was agreed to by a two-thirds vote. By Messrs. Roberts and Blank of Palm Beach- ,

And House Bill No. 195 was read the second time by title H. B. No. 77T-A bill to be entitled An Act amending Chapteronly. 24981, Special Laws of Florida, 1947, as amended, entitled:

"An Act to abolish the present municipality of the 'City ofSenator Houghton moved that the rules be further waived West Palm Beach in Palm Beach County, Florida;' to create

and House Bill No. 195 be read the third time in full and put and establish a new municipality to be known as 'City of Westupon its passage. Palm Beach;' to fix the territorial limits thereof; to prescribe

its powers, duties and functions, and to provide for the govern-Which was agreed to by a two-thirds vote. ment thereof; to provide for the election and appointment of

its officers, and to fix and prescribe their powers, duties andAnd House Bill No. 195 was read the third time in full. jurisdiction, and conditions and provisions concerning their

removal; to provide for the payment of the debts of the munici-Upon the passage of House Bill No. pality hereby abolished; to transfer the property of the mu-

and the vote was: nicipality hereby abolished to the one hereby created; to retainYeas-38. the ordinances of the municipality hereby abolished; to repeal

all special laws and parts of special laws in conflict herewith;Mr. President Cabot Getzen Neblett to provide for a referendum; and for other purposes." ByAdams Carlton Hair Pearce amending Subsection 1 of Section 2 so as to change itsBarber Carraway Hodges Pope boundaries in relation to the town of Mangonia, and for otherBeall Clarke Houghton Rawls purposes.Belser Connor Johns Rodgers Proof of publication attached.Bishop Davis Johnson Roodf of publication attached.Boyd Dickinson Kelly Stenstrom Also-Brackin Eaton Kickliter StrattonBranch Edwards Knight By Messrs. Hathaway of Charlotte, Sheppard of Lee andBronson Gautier Morgan Youngberg of Sarasota-

Nays-None. H. B. No. 732-a bill to be entitled An Act relating to theWest (Coast Inland Navigation District affecting the counties of

So House Bill No. 195 passed, title as stated, and the Pinellas, Hillsborough, Manatee, rSarasota, Charlotte and Lee,action of the Senate was ordered certified to the House of providing for the continuation of the taxing power of saidRepresentatives. district not to exceed 1/75 mill per annum until the completion

And House Bill No. 430, contained in the above message, was and approval of the Intracoastal Waterway or until July 1,reand tHoufst te m y tteoly. d m t e a o e s g w 19:59, whichever event occurs first; setting effective date.read the first time by title only.

Proof of publication attached.Senator Kickliter moved that the rules be waived and House

Bill No. 430 be read the second time by title only. Also-

Which was agreed to by a two-thirds vote. By Mr. Williams of Columbia-

And House Bill No. 430 was read the second time by title 'H. B. No. 771-A bill to be entitled An Act relating to theonly. board of county commissioners of Columbia County, Florida;

providing a salary increase; providing effective date.Senator Kickliter moved that the rules be further waived

and House Bill No. 430 be read the third time irn full and put Proof of publication attached.upon its passage.

-and respectfully requests the concurrence of the SenateWhich was agreed to by a two-thirds vote. therein.

And House Bill No. 430 was read the third time in full. Respectfully,

290 JOURNAL OF THE SENATE April 25, 1957

LAMAR BLEDSIOE, Nays-None.Chief Clerk, House of Representatives.

So House Bill No. 732 passed, title as stated, and theProof of publication of Notice was attached to House Bill action of the Senate was ordered certified to the House of

No. 775 when it was introduced in the Senate, and evidence Representatives.that such Notice has been published was established by theSenate, as required by Section 21, Article II of the Colnstitu- Proof of publication of Notice was attached to House Billtion of the State of Florida. No. 771 when it was introduced in the Senate, and evidence

that such Notice has been published was established by theAnd House Bill No. 775, contained in the above message, Senate, as required by Section 21, Article III of the Constitu-

was read the first time by title only. tion of the State of Florida.

Senator Dickinson moved that the rules be waived and And House Bill No. 771, contained in the above message,House Bill No. 775 be read the second time by title only. was read the first time by title only and placed on the Calen-

- , , .... , . ~~~~dar of Local Bills onl Second Reading.Which was agreed to by a two-thirds obe.ar of Local Bills on Second Reading.

IThe following message from the House of RepresentativesAnd House Bill No. 775 was read the second time by title was read:only.

Tallahassee, Florida,Senator Dickinson moved that the rules be further waived April 24, 1957.

and House Bill No. 775 be read the third time in full and putupon its passage. The Honorable W. A. Shands,

President of the Senate.Which was agreed to by a two-thirds vote.

Sir:And House Bill No. 775 was read the third time in full.

I am directed by the House of Representatives to informUpon the passage of House Bill No. 775 the roll was called the Senate that the House of Representatives has passed-

and the vote was:By Messrs. Griffin, Surles and Mattox of Polk-

Yeas-38.H. B. No. 752-A bill to be entitled An Act amending Sec-

Mr. President Cabot Getzen Neblett tion 72 of Chapter 29224, Special Laws of Florida 1953; re-Adams Carlton Hair Pearce lating to the registration of voters in the City of Lake Wales;Barber Carraway Hodges Pope providing that said registration books shall be closed for fif-Beall Clarke Houghton Rawls teen (15) days prior to any city election; providing effectiveBelser Connor Johns Rodgers date.Bishop Davis Johnson RoodBoyd Dickinson Kelly Stenstrom Proof of publication attached.Brackin Eaton Kickliter Stratton Also-Branch Edwards KnightBronson Gautier Morgan By Messrs. Hopkins and Stone of Escambia-

Nays-None. H. B. No. 755-A bill to be entitled An Act providing for theoffice of administrative director for Escambia County, Florida;

So House Bill No. 775 passed, title as stated, and the action providing for the appointment of said administrative directorof the Senate was ordered certified to the House of Represen- by the Board of County Commissioners for Escambia County;tatives. prescribing his powers, duties, and fixing his salary.

Proof of publication of Notice was attached to House Bill Proof of publication attached.No. 732 when it was introduced in the Senate, and evidencethat suoh Notice has been published was established by the AlsoSenate, as required by Section 21, Article III of the Constitu- Ms . P tion of the State of Florida. By Messrs. Grimes and Pratt of Manatee-

And House Bill No. 732, contained in the above message H. B. No. 763-A bill to be entitled An Act relating to thewas read the first time by title only. ' City of Bradenton; amending, repealing and revising Chapter

22219, Special Acts of 1943, being the charter of said city andSenator Rood moved that the rules be waived and House amendments thereto; authorizing the city council of the City

Bill No. 732 be read the second time by title only. of Bradenton by resolution or ordinance to establish any de-partment or departments; to employ any person or persons for

Whichc was agreed to by a two-thirds vote. service in the city as are generally employed by municipali-And House Bill No. 732 was read the second time by title ites; to make provisions for their duties and compensation;

only. repealing and revising certain sections in conflict herewithand providing an effective date.

Senator Rood moved that the rules be further waived and Proof of publication attached.House Bill No. 732 be read the third time in full and put roof of p attached.upon its passage. -and respectfully requests the concurrence of the Senate

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

And House Bill No. 732 was read the third time in full. Respectfully,

Upon the passage of House Bill No. 732 the roll was called LAMAR BLED'SOE,and the vote r was: H u Chief Clerk, House of Representatives.

Yeas-38. Proof of publication of Notice was attached to House BillNo. 752 when it was introduced in the Senate, and evidence

Mr. President Cabot Getzen Neblett that such Notice has been published was established by theAdams Carlton Hair Pearce Senate, as required by Section 21, Article Ifl of the Constitu-Barber Carraway Hodges Pope tion of the State of Florida.Beall Clarke Houghton RawlsBelser Connor Johns Rodgers And House Bill No. 752, contained in the above message,Bishop Davis Johnson Rood was read the first time by title only.Boyd Dickinson Kelly Stenstrom Senator Kelly moved that the rules be waived and HouseBrackin Eaton Kickliter Stratton Bill No. 752 be read the second time by title only.Branch Edwards KnightBronson Gautier Morgan Which was agreed to by a two-thirds vote.

April 25, 1957 JOURNAL OF THE SENATE 291

And House Bill No. 752 was read the second time by title The following message from the House of Representativesonly. was read:

Senator Kelly moved that the rules be further waived and Tallahassee, Florida,House Bill No. 752 be read the third time in full and put April 24, 1957.upon its passage.

The Honorable W. A. Shands,Which was agreed ,to by a two-thirds vote. President of the Senate.

And House Bill No. 752 was read the third time in full. Sir:

Upon the passage of House Bill No. 752 the roll was called I am directed by the House of Representatives to informand the vote was: the Senate that the House of Representatives has passed-

Yeas-38. By Messrs. Youngberg and Bartholomew of Sarasota-

Mr. President Cabot Getzen Neblett H. B. No. 741-A bill to be entitled An Act affecting theAdams Carlton Hair Pearce government of the city of Venice in Sarasota County, Florida;Barber Carraway Hodges Pope authorizing the judge of its municipal court to issue searchBeall Clarke Houghton Rawls warrants upon any of the following grounds: when the prop-Belser Connor Johns Rodgers erty shall have been stolen or embezzled in violation of law;Bishop Davis Johnson Rood when any property shall have been used (a) as a means toBoyd Dickinson Kelly Stenstrom commit any misdemeanor, or (b) in connection with gambling,Brackin Eaton Kickliter Stratton gambling implements and appliances, or when any propertyBranch Edwards Knight is being held or possessed: (a) in violation of any of the lawsBronson Gautier Morgan prohibiting the manufacture, sale and transportation of intoxi-

cating liquors; (b) in violation of any of the laws or ordinancesNays-None. of the city of Venice; providing for affidavits and their con-

tents in connection with the issuance of any such search war-So House Bill No. 752 passed, title as stated, and the action rants; providing for service of such search warrants; provid-of the Senate was ordered certified to the House of Represen- ing for the service of such search warrants in either daytimetatives. or nighttime; providing for return of property taken under

such search warrants under certain conditions; providing forProof of publication of Notice was attached to House Bill penalties for obstruction or resistance against officers servingNo. 755 when it was introduced in the Senate, and evidence or attempting to serve such search warrants, and their deputiesthat such Notice has been published was 'established by the and assistants; providing penalties for securing issuance andSenate, as required by Section 21, Article III of the Constitu- execution of search warrants maliciously and without prob-tion of the State of Florida. able cause; providing for separability clause and for effective

And House Bill No. '755, contained in the above message, date.was read the first time by title only and placed on the OCalen- Proof of publication attached.dar of Local Bills on Second Reading.

Also-Proof of publication of Notice was attached to House Bill

No. 763 when it was introduced in the Senate, and evidence By Messrs. Harris and Barron of Bay-rthat such Notice has been published was established by theSenate, as required by Section 21, Article III of the Constitu- H. B. No. 745-A bill to be entitled An Act to create andtion of the State of Florida. establish a separate juvenile court for Bay County, Florida

under the authority of and pursuant to Chapter 39, FloridaAnd House Bill No. 7,63, contained in the above message, Statutes; providing for county appropriations until the annual

was read the first time by title only. county budget of 1957-1958 can take effect; repealing conflict-Senator Rood moved that the rules be waived and House ing laws; and providing for the effective date of this act.

3ill No. 763 be read the second time by title only. Proof of publication attached.

Which was agreed to by a two-thirds vote. -- and respectfully requests the concurrence of the SenateAnd House Bill No. 763 was read the second time by title therein.

only. Respectfully,

Senator Rood moved that the rules be further waived and LAMAR BLEDSOE,House Bill No. 7163 be read the third time in full and put Chief C]erk, House of Representatives.upon its passage.

Proof of publication of Notice was attached to House BillWhisch was agreed to by a twlo-thirds vote. No. 741 when it was introduced in the Senate, and evidenceAnd House Bill No. 7,63 was read the third time in full. that such Notice has been published was established by the

Senate, as required by 'Section 21, Article III of the ConstitutionUpon the passage of House Bill No. 763 the roll was called of the State of Florida.

and the vote was:And House Bill No. 741, contained in the above message, was

Yeas-38. read the first time by title only and placed on the Calendarof Local Bills on Second Reading.

Mr. President Cabot Getzen NeblettAdams Carlton Hair Pearce Proof of publication of Notice was attached to House BillBarber Carraway Hodges Pope No. 745 'when it was introduced in the Senate, and evidenceBeall Clarke Houghton Rawls that such Notice has been published was established by theBelser Connor Johns Rodgers Senate, as required by 'Section 21, Article III of the ConstitutionBishop Davis Johnson Rood of the State of Florida.Boyd Dickinson Kelly Stenstrom And House Bill No. 745, contained in the above message, wasBrackin Eaton Kickliter Stratton read the first time by title only.Branch Edwards KnightBronson Gautier Morgan 'Senator Knight moved that the rules be waived and House

Bill No. 745 be read the second time by title only.Nays-None.

Which was agreed to by a two-thirds vote.So House Bill No. 763 passed, title as stated, and the action

of the Senate was ordered certified to the House of Repre- And House Bill No. 745 was read the second time by titlesentatives. only.

292 JOURNAL OF THE SENATE April 25, 1957

Senator Knight moved that the rules be further waived Sand Getzen Johnson Neblett RoodHouse Bill No. 745 be read the third time in full and put Hair Kelly Pearce Stenstromupon its passage. Hodges Kickliter Pope Stratton

Houghton Knight RawlsWhich was agreed to by a two-thirds vote. Johns Morgan Rodgers

And House Bill No. 74,5 was read the third time in full. Nays-None.

Upon the passage of House Bill No. 745 the roll was called So House Bill No. 782' passed, title as stated, and the actionand the vote was: of the Senate was ordered certified to the House of Represen-

Yeas-38. tatives.

The following message from the House of RepresentativesMr. President Cabot Getzen NeblettAdams Carlton Hair Pearce was readBarber Carraway Hodges Pope Tallahassee, Florida,Beall Clarke Houghton Rawls April 24, 1957.Belser Connor Johns RodgersBishop Davis Johnson Rood The Honorable W. A. Shands,Boyd Dickinson Kelly Stenstrom President of the Senate.Brackin Eaton Kickliter Stratton Sir:Branch Edwards KnightBronson Gautier Morgan I am directed by the House of Representatives to inform

the Senate that the House of Representatives has concurredNays-None. in Senate Amendment No. 1, as amended, by the House of

So House Bill No. 745 passed, title as stated, and the action Representatives to-of the Senate was ordered certified to the House of Represen- By Messrs. Hopkins and Stone of Escambia-tatives.

H. B. No. 558-A bill to be entitled An Act to require the en-The following message from the House of Representatives closure of clay pits and all depressions of certain depths upon

all lands in Escambia County; and providing a penalty forTallahassee, Florida, violations.

The HonorabApril24, 1957. Proof of publication attached.The Honorable W. A. Shands,President of the Senate. Which Senate Amendment reads as follows:

Sir: Senate Amendment No. 1:

I am directed by the House of Representatives to inform Following Section 2 add two (2) additional Sections to bethe Senate that the House of Representatives has passed- numbered 3 and 4 respectively and to read as follows:

By Mr. Rowell of Martin- "Section 3. All laws and parts of laws in conflict herewith

H. B. No. 782-A bill to be entitled An Act relating to Martin are hereby repealed."County, Florida; authorizing the Board of County Commis- "Section 4. This Act shall become effective immediatelystioneirs to adopt zoning and building regulations; providing upon its becoming a law."for the creation of zoning districts and commissioners; pro-viding for an adjustment and planning board, and the appoint- And House Amendment to Senate Amendment No. 1 readsment of a building inspector; providing means and method as follows:of procedure and appeals; providing remedies and penalties;providing for a referendum ' Following the words "Sec. 4. This Act shall become effec-

tive" strike out: immediately upon its becoming a law and-and respectfully requests the concurrence of the Senate insert the following in lieu thereof: 60 days after becoming atherein. law.

RespectfulJ, -and respectfully requests the concurrence of the Senate

LAMAR BLEDI E, therein.Chief Clerk, House of Representatives. And the House of Representatives has concurred in Senate

Amendment No. 2 to H. B. No. 558, which amendment readsAnd House Bill No. 782, contained in the above message, as followswas read the first time by title only.

:Senate Amendment No. 2:Senator Barber moved that the rules be waived and HouseBill No. 782 be read the second time by title only. In the title at line 4 thereof following the words or figures

"For Violations" strike out the period, add a semi-colon andWhich was agreed ,to by a two-thirds vote. add the following:

And House Bill No. 782 was read the second time by titleAndy House Bill No. 782 was read the second time by title "Providing for repeal of all laws in conflict with this A ct;

only. providing an effective date."Senator Barber moved that the rules be further waived and Respectfully,

House Bill No. 782 be read the third time in full and put upon Respectfully,its passage. LAMAR BLEDSOE,

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

And House Bill No. 7;82 was read the third time in full. Senator Beall moved that the Senate concur in the HouseAmendment to Senate Amendment No. 1 to House Bill No.Upon the passage of House Bill No. 782 the roll was called 558

and the vote was:

Yeas-38 Which was agreed to and the Senate concurred in the HouseAmendment to Senate Amendment No. 1 to House Bill No.

Mr. President Bishop Cabot Davis 558, and the action of the Senate was ordered certified to theAdams Boyd Carlton Dickinson House of Representatives.Barber Brackin Carraway EatonBeall Branch Clarke Edwards The following message from the House of RepresentativesBelser Bronson Connor Gautier was read:

April 25, 1957 JOURNAL OF THE SENATE 293

Tallahassee, Florida, Mr. President Cabot Getzen NeblettApril 24, 1957. Adams Carlton Hair Pearce

Barber Carraway Hodges PopeThe Honorable W. A. Shands, Beall Clarke Houghton RawlsPresident of the Senate. Belser Connor Johns Rodgers

Sir: Bishop Davis Johnson RoodBoyd Dickinson Kelly Stenstrom

I am directed by the House of Representatives to inform Brackin Eaton Kickliter Strattonthe Senate that the House of Representatives has passed- Branch Edwards Knight

Bronson Gautier MorganBy Messrs. Gnrimes and Pratt of Manatee-

Nays-None.H. B. No. 764-A bill to be entitled An Act relating to the Nays-None.

City of Bradenton; amending, repealing and revising Chapter So House Bill No. 764 passed, title as stated, and the action22219, Special Acts of 1943, being the charter of said city and of the Senate was ordered certified to the House of Repre-amendments thereto; authorizing the city council of the City sentatives.of Bradenton to invest surplus funds in its control or posses- f N a t H Bision in negotiable obligations of the United States government, Proof of publication of Notice was attached to House Billthe State of Florida or of any political subdivision thereof No. 754 whenit was introduced in the Senate, and evidenceproviding a means of safekeeping land sale and setting an that such Notice has been published was established by theeffprective dae Senate, as required by Section 21, Article III of the Constitu-

eectivdate. Ition of the State of Florida.Proof of publication attached.Proof of publicationatchdAnd House Bill No. 754, contained in the above message,Also- was read the first time by title only and placed on the Calendar

of Local Bills on Second Reading.By Messrs. Hopkins and Stone of Escambia-

Proof of publication of Notice was attached to House BillH. B. No. 754-A bill to be entitled An Act relating to No. 762 when it was introduced in the Senate, and evidence

Escambia County; providing permits for live bait shrimp pro- that such Notice has been published was established by theduction; authorizing the Board of Conservation to grant and Senate, as required by Section 21, Article III of the Constitu-revoke said permits and specify equipment to be used in the tion of the State of Florida.waters of said county; providing a penalty for violation; set-ting effective date. And House Bill No. 762, contained in the above message,

was read the first time by title only.Proof of publication attached.

Senator Rood moved that the rules be waived and HouseAlso- Bill No. 762 be read the second time by title only.

By Messrs. Grimes and Pratt of Manatee- Which was agreed to by a two-thirds vote.

H. B. No. 762-A bill to be entitled An Act relating to the And House Bill No. 762 was read the second time by titleCity of Bradenton; amending Chapter 22219, Special Acts of only.1943, being the charter of said city, by adding thereto pro-visions authorizing the abolition of the "City of Bradenton, Senator Rood moved that the rules be further waived andFlorida Employee Retirement Fund"; to provide for a perma- House Bill No. 762 be read the third time in full and putnent retirement system for those city employees who shall upon its passage.have retired prior to the effective date of this Act; directing Wi a b i vtthe city council of said city to annually appropriate sufficient Which was agreed to by a two-thirds vote.funds to pay retirement benefits to said employees and setting And House Bill No. 762 was read the third time in full.an effective date.

Proof -of publicaton attahed.~ Upon the passage of House Bill No. 762 the roll was calledProof of publication attached. and the vote was:

-and respectfully requests the concurrence of the Senate Yeas-38.therein.

Respctf~~ ull~ , -Mr. President Cabot Getzen NeblettRespectfully, Adams Carlton Hair Pearce

LAMAR BLEDSOE, Barber Carraway Hodges PopeChief Clerk, House of Representatives. Beall Clarke Houghton Rawls

Belser Connor Johns RodgersProof of publication of Notice was attached to House Bill Bishop Davis Johnson Rood

No. 764 when it was introduced in the Senate, and evidence Boyd Dickinson Kelly Stenstromthat such Notice has been published was established by the Brackin Eaton Kickliter StrattonSenate, as required by Section 21, Article III of the Constitu- Branch Edwards Knighttion of the State of Florida. Bronson Gautier Morgan

And House Bill No. 764, contained in the above message, was Nays-None.read the first time by title only.

d the first time by title only . So House Bill No. 762 passed, title as stated, and the actionSenator Rood moved that the rules be waived and House of the Senate was ordered certified to the House of Represen-

Bill No. 764 be read the second time by title only. tatives.

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

And House Bill No. 764 was read the second time by title was read:only. Tallahassee, Florida,

Senator Rood moved that the rules be further waived and April 24, 1957.House Bill NTo. 764 be read the third time in full and put upon The Honorable W. A. Shands,its passage. President of the Senate.

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

And House Bill No. 764 was read the third time in full. I am directed by the House of Representatives to informthe Senate that the House of Representatives has passed-

Upon the passage of House Bill No. 764 the roll was calledand the vote was: By Messrs. Land and Sutton of Orange-

Yeas-38. H. B. No. 594-A bill to be entitled An Act relating to the

294 JOURNAL OF THE SENATE April 25, 1957

Office of County Solicitors of all Criminal Courts of Record By Messrs. Moody, Gibbons and Mann of Hillsborough-in all Counties in the State of Florida which have a populationof not less than one hundred fourteen thousand seven hun- H B. No. 433-A bill to be entitled An Act relating to thedred fifty (114,750) nor more than one hundred twenty thou- county judge as a member of the county election canvassingsand (120,000) according to the last statewide official census boards in counties having a population of not less than twoand having Criminal Courts of Record; authorizing said solici- hundred thousand (200,000), and not more than three hundredtors to employ administrative assistants, whose title shall be thousand (300,000) inhabitants according to the last preceding"Office Manager", and providing for qualifications and com- federal census, amending Section 2 of Chapter 27134, Actspensation of such office; defining the duties therefor; re- of 1951, which amended Subsection (7) of Section 6 of Chapterpealing all laws or parts of laws in conflict herewith; and 22195, Acts of 1943.providing the effective date of this act.

Also-Also-

By Messrs. Land and Sutton of Orange-By Messrs. Hopkins and Stone of Escambia-

H. B. No. 505-A bill to be entitled An Act fixing the com-H. B. No. 559-A bill to be entitled An Act providing that pensation of the County Solicitor and providing for the ap-

misdemeanor offenses committed outside of the limits of muni- pointment and compensation of Assistant County Solicitorscipalities in counties having a population of not less than one of the Criminal Court of Record in all Counties within thehundred thousand (100,000) nor more than one hundred four- State of Florida having a population of not less than oneteen thousand (114,000) according to the last official state-wide hundred fourteen thousand seven hundred fifty (114,750) andcensus, shall be tried in the county judges' court or in the not more than one hundred twenty thousand (120,000) ac-court of the justice of the peace in the district in which the cording to the last preceding statewide official census.offense was committed; providing an effective date.

Also--and respectfully requests the concurrence of the Senatetherein. By Messrs. Land and Sutton of Orange-

Respectfully, H. B. No. 508-A bill to be entitled An Act relating tothe office of county solicitors of all criminal courts of record

LAMAR BLEDS1OE, in counties of the State of Florida having a population ofChief Clerk, House of Representatives. not less than one hundred fourteen thousand seven hundred

fifty (114,750) nor more than one hundred twenty thousandAnd House Bill No. 594, contained in the above message, (120,000) according to the last statewide official census;

was read the first time by title only. authorizing such. county solicitors to appoint special investi-

Senator Rodgers moved that the rules be waived and House gators and providing for their number and compensation;Bill No. 594 be read the second time by title only. providing for transportation facilities to be furnished such

special investigators by the county; defining the duties andWhich was agreed to by a two-thirds vote. authority and restricting the activities of special investigators

appointed under the provisions hereof; repealing all laws orAnd House Bill No. 594 was read the second time by title parts of laws in conflict herewith; providing the effective date

only. of this Act.

Senator Rodgers moved that the rules be further waived -Wand respectfully requests the concurrence of the Senateand House Bill No. 594 be read the third time in full and put therein.upon its passage.

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

LAMAR BLEOISOE,And House Bill No. 594 was read the third time in full. Chief Clerk, House of Representatives.

Upon the passage of House, Bill No. 594 the roll was called And House Bill No. 433, contained in the above message,and the vote was: was read the first time by title only.

Yeas-38. Senator Kickliter moved that the rules be waived and HouseBill No. 433 be read the second time by title only.

Mr. President Cabot Getzen NeblettAdams Carlton Hair Pearce Which was agreed to by a two-thirds vote.Barber CarrawayN Hodges PopeBeall Clarke Houghton Rawls And House Bill No. 433 was read the second time by titleBelser Connor Johns Rodgers only.Bishop Davis Johnson RoodBoyd Dickinson Kelly Stenstrom Senator Kickliter moved that the rules be further waivedBrackin Eaton Kickliter Stratton and H'ouse Bill No. 433 be read the third time in full and putBranch Edwards Knight upon its passage.Bronson Gautier Morgan Which was agreed to by a two-thirds vote.

Nays-None. And House Bill No. 433 was read the third time in full.

So House Bill No. 594 passed, title as stated, and the'action of the Senate was ordered certified to the House of pon the passage of House Bill No. 433 the roll was calledRepresentatives. and the vote was:

And House Bill No. 559, contained in the above message, Yeas-38.was read the first time by title only and placed on the Calen- Mr. President Cabot Getzen Neblettdar of Local Bills on Second Reading. Adams Carlton Hair Pearce

The following message from the House of Representatives Barber Carraway Hodges Popewas read: Beall Clarke Houghton Rawls

Belser Connor Johns RodgersTallahassee, Florida, Bishop Davis Johnson Rood

April 24, 1957. Boyd Dickinson Kelly StenstromThe Honorable W. A. Shands, Brackin Eaton Kickliter StrattonPresident of the Senate Branch Edwards Knight

Bronson Gautier MorganSir:

I am directed by the House of Representatives to inform aysNone.the Senate that the House of Representatives has passed- So House Bill No. 433 passed, title as stated, and the action

April 25, 1957 JOURNAL OF THE SENATE 295

of the Senate was ordered certified to the House of Repre- The Honorable W. A. Shands,sentatives. President of the Senate.

And House Bill No. 505, contained in the above message, Sirwas read the first time by title only. I am directed by the House of Representatives to inform

Senator Rodgers moved that the rules be waived and the Senate that the House of Representatives has passed-House Bill No. 505 be read the second time by title only. By Messrs. Griffin, Surles and Mattox of Polk

By Messrs. Griffin, Surles and Mattox of Polk-Which was agreed to by a two-thirds vote. H. B. No. 750-A bill to be entitled An Act to authorize and

And House Bill No. 505 was read the second time by title empower the City of Lake Wales, a city located in Polkonly. County, and incorporated under the laws of Florida, to estab-

lish and maintain a library; to establish a library board; toSenator Rodgers moved that the rules be further waived and provide funds for support and maintenance; disbursements;

House Bill No. 505 be read the third time in full and put to establish general powers of the library board; appointmentupon its passage. ,of librarian; use of library; reports of library board to com-

missioners; amendments of by-laws; penalty for violation ofWhich was agreed to by a two-thirds vote. rules recovered by civil action; donations to library; property

And House Bill No. 505 was read the third time in full. exempt from execution ,and taxation; circulating library andproviding referendum, providing effective date.

Upon the passage of House Bill No. 505 the roll was called Proof of publication attachedand the vote was:and the vote was: Proof of Publication attached.

Yeas-38. Also-

Mr. President Cabot Getzen Neblett By Messrs. Griffin, Surles and Mattox of Polk-

Adas Carltona Hair Pearce H. B. No. 751-A bill to be entitled An Act amending Sec-

Beall Clarke Houghton Rawls tion 82 of Chapter 29224, Special Laws of Florida, 1953; re-

Belser Connor Johns Rodgers lating to providing for insurance for employees of the City of

Bishop Davis Johnson Rood Lake Wales, Polk County; and authorizing the city commission

Boyd Dickinson Kelly Stenstrom to provide for retirement annuities; providing effective date.Brackin Eaton Kickliter Stratton Proof of publication attached.Branch Edwards KnightBronson Gautier Morgan -and respectfully requests the concurrence of the Senate

therein.Nays-None.

Respectfully,So House Bill No. 505 passed, title as stated, and the action

of the Senate was ordered certified to the House of Repre- LAMAR BLEDSO'E,sentatives. Chief Clerk, House of Representatives.

And House Bill No. 508, contained in the above message, Proof of publication of Notice was attached to House Billwas read the first time by title only. No. 750 when it was introduced in the Senate, and evidence

that isuch Notice has been published was established by theSenator Rodgers moved that the rules be waived and Senate, as required by Section 21, Article III of the Constitu-

House Bill No. 508 be read the second time by title only. ton of the State of Florida.

Which was agreed to by a two-thirds vote. And House Bill No. 750, contained in the above message,was read the first time by title only.

And House Bill No. 508 was read the second time by titleonly. Senator Kelly moved that the rules be waived and House

Bill No. 750 be read the second time by title only.Senator Rodgers moved that the rules be further waived

and House Bill No. 508 be read the third time in full and put Which was agreed to by a two-thirds vote.upon its passage.

And House Bill No. 750 was read the second time by titleWhich was agreed to by a two-thirds vote. only.

And House Bill No. 508 was read the third time in full. Senator Kelly moved that the rules be further waived and

Upon the passage of House Bill No. 508 the roll was called House Bill No. 750 be read the third time in full and putand the vote was: upon its passage.

Yeas--38. Which was agreed to by a two-thirds vote.Yeas--38.

Mr. President Cabot Getzen Neblett And House Bill No. 750 was read the third time in full.Mr. President Cabot Getzen NeblettAdams Carlton Hair Pearce Upon the passage of House Bill No. 7'50 the roll was calledBarber Carraway Hodges Pope and the vote was:Beall Clarke Houghton RawlsBelser Connor Johns Rodgers Yeas-38.Bishop Davis Johnson Rood Mr. President Cabot Getzen NeblettBoyd Dickinson Kelly Stenstrom Adams Carlton Hair PearceBrackin Eaton Kickliter Stratton Barber Carraway Hodges PopeBranch Edwards Knighton RawlsBronson Gautier Morgan Belser Connor Johns Rodgers

Nays-None. Bishop Davis Johnson RoodBoyd Dickinson Kelly Stenstrom

So House Bill No. 508 passed, title as stated, and the Brackin Eaton Kickliter Strattonaction of the Senate was ordered certified to the House of Branch Edwards KnightRepresentatives. Bronson Gautier Morgan

The following message from the House of Representatives Nays-None.was read: So House 'Bill No. 750 passed, title as stated, and the action

Tallahassee, Florida, of the Senate was ordered certified to the House of Represen-April 24, 1957. tatives.

296 JOURNAL OF THE SENATE April 25, 1957

Proof of publication of Notice was attached to House Bill County, Florida, and each and every municipality or city orNo. 7151 when it was introduced in the Senate, and evidence town in Bay County, Florida, individually or jointly, to con-that such Notice has been published was established by the trol their development through planning, zoning, subdivisionSenate, as required by Section 21, Article III of the Constitu- regulation, the reservation of mapped street locations for fu-tion of the State of Florida. ture public acquisition and the regulation of building in the

land reserved for such mapped streets; providing for the es-And House Bill No. 7t5, contained in the above message, tablishment, government and maintenance of planning and

was read the first time by title only. zoning commissions and their staffs, and boards of zoningSenator Kelly moved that the rules be waived and House appeals and their staffs; enabling the planning and zoning

Bill No. 751 be read the second time by title only. commissions and boards of zoning appeals to establish andcollect reasonable fees for permits, inspections and public hear-

Which was agreed to by a two-thirds vote. ings in connection with their operation; providing for pen-alties for violation of the provisions of this Act and the regu-

And House Bill No. 751 was read the second time by title lations adopted pursuant thereto; and for certain appeals andonly. for applications to courts for relief; and declaring said Act to

Senator Kelly moved that the rules be further waived and be for a county purpose in and for Bay ounty Florida; andHouse Bill No. 751 be read the third time in full and put Providing a referendum.upon its passage. -- and respectfully requests the concurrence of the Senate

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

And House Bill No. 751 was read the third time in full. Respectfully,LAMAR BLEDSOE,

Upon the passage of House Bill No. 751 the roll was called Chief Clerk, House of Representatives.and the vote was:

Proof of publication of Notice was attached to House BillYeas-38. No. 746 when it was introduced in the Senate, and evidence

Mr. President Cabot Getzen Neblett that such Notice has been published was established by theAdams Carlton Hair Pearce Senate, as required by Section 21, Article III of the Constitu-Barber Carraway Hodges Pope tion of the State of Florida.

Beall Clarke Houghton Rawls And House Bill No. 746, contained in the above message, wasBelser Connor Johns Rodgers read the first time by title only.Bishop Davis Johnson RoodBoyd Dickinson Kelly Stenstrom Senator Knight moved that the rules be waived and HouseBrackin Eaton Kickliter Stratton Bill No. 746 be read the second time by title only.

Branch Edwards K night Which was agreed to by a two-thirds vote.Bronson Gautier Morgan

And House Bill No. 746 was read the second time by titleNays-None. only.So House Bill No. 751 passed, title as stated, and the action Senator Knight moved that the rules be further waived and

of the Senate was ordered certified to the House of Represen- House Bill No. 746 be read the third time in full and put upontatives. its passage.

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

Tallahassee, Florida, And House Bill No. 746 was read the third time in full.April 24, 1957. Upon the passage of House Bill No. 746 the roll was called

The Honorable W. A. Shands, and the vote was:President of the Senate.

Yeas-38.Sir:

Mr. President Cabot Getzen NeblettI am directed by the House of Representatives to inform Adams Carlton Hair Pearce

the Senate that the House of Representatives has passed- Barber Carraway Hodges PopeBeall Clarke Houghton Rawls

By Mr. Harris of Ba~y_ Belser Connor Johns RodgersH. B. No. 746-A bill to be entitled An Act to amend Sec- Bishop Davis Johnson Rood

tion 36 of: Chapter 29254 Laws of Florida 19'53, the same Boyd Dickinson Kelly Stenstrombeing entitled: "An Act to grant a charter and create the Brackin Eaton Kickliter Strattonmunicipality of the City of Long Beach Resort, Florida, located Branch Edwards Knightin Bay County, Florida, and to provide for its jurisdiction, Bronson Gautier Morganpowers, privileges and immunities", by repealing said Section Nays-None.36 and authorizing the City of Long Beach Resort, Florida, tolevy and collect taxes on the sale and distribution of cigarettes. 'So House Bill No. 746 passed, title as stated, and the action

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

Also- And House Bill No. 747, contained in the above message,By Mr. Harris of Bay- was read the first time by title only.

H. B. No. 747-A bill to be entitled An Act authorizing the Senator Knight moved that the rules be waived and Houseboard of county commissioners of Bay County, to appropriate Bill No- 747 be read the second time by title only.a sum not exceeding twenty-five thousand dollars ($25,000.00) Wich was agreed to by a two-thirds vote.for the purpose of making a comprehensive development planfor Bay County; authorizing and empowering the board of And House Bill No. 747 was read the second time by titlecounty commissioners of Bay County, to take from the gen- only.eral fund of Bay County, all funds necessary to carry out thisAct; and fixing the effective date of this Act, by referendum. Senator Knight moved that the rules be further waived and

House Bill No. 747 be read the third time in full and put uponAlso- its passage.

By Mr. Harris of Bay- Which was agreed to by a two-thirds vote.

H. B. No. 748-A bill to be entitled An Act to empower Bay And House Bill No. 747 was read the third time in full.

April 25, 1957 JOURNAL OF THE SENATE 297

Upon the passage of House Bill No. 747 the roll was called Upon the passage of Senate Bill No. 361 the roll was calledand the vote was: and the vote was:

Yeas-38. Yeas-38.

Mr. President Cabot Getzen Neblett Mr. President Cabot Getzen NeblettAdams Carlton Hair Pearce Adams Carlton Hair PearceBarber Carraway Hodges Pope Barber Carraway Hodges PopeBeall Clarke Houghton Rawls Beall Clarke Houghton RawlsBelser Connor Johns Rodgers Belser Connor Johns RodgersBishop Davis Johnson Rood Bishop Davis Johnson RoodBoyd Dickinson Kelly Stenstrom Boyd Dickinson Kelly StenstromBrackin Eaton Kickliter Stratton Brackin Eaton Kickliter StrattonBranch Edwards Knight Branch Edwards KnightBronson Gautier Morgan Bronson Gautier Morgan

Nays-None. Nays-None.

So House Bill No. 747 passed, title as stated, and the action ,So Senate Bill No. 361 passed, title as stated, and theof the Senate was ordered certified to the House of Repre- action of the Senate was ordered certified to the House ofsentatives. Representatives.

And House Bill No. 748, contained in the above message, MOTION TO RECONSIDERwas read the first time by title only. S. B. No. 331-A bill to be entitled An Act relating to public

Senator Knight moved that the rules be waived and facilities and institutions; authorizing local authorities toHouse Bill No. 748 be read the second time by title only. suspend under certain circumstances any public facility or

institution within its jurisdiction as an emergency measureWhich was agreed to by a two-thirds vote. in the public interest pursuant to petition and referendum;

providing procedures for the reactivation of a suspendedAnd House Bill No. 748 was read the second time by title public facility or institution; providing an effective date.

only.The motion made by Senator Johns on April 24, 1957, that

Senator Knight moved that the rules be further waived the Senate reconsider the vote by which the motion made byand House Bill No. 748 be read the third time in full and put Senator Brackin on April 24, 1957, that Senate Bill No. 331upon its passage. be re-referred to the Committee on Education was adopted,

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

A question having been raised as to the vote required forAnd House Bill No. 748 was read the third time in full. the above mentioned motion for reconsideration to prevail,

the President announced that the Senate would stand atUpon the passage of House Bill No. 748 the roll was called ease while a committee composed of Senator W. T. Davis ofwand the vote was: the 10th Senatorial District; Mr. Charles Tom Henderson,

_YAas38 ,Assistant Attorney General of Florida; and Mr. Robt. W. Davis,Yeas-38. Secretary of the Senate, could study the question and report

Mr. President Cabot Getzen Neblett back.Adams Carlton Hair Pearce

arber Carltrawa Hairodges Pope The committee withdrew from the Chamber and thereafterBeall Clarke Houghton Rawls submitted the following report:Belser Connor Johns RodgersBishop Davis Johnson Rood Aprl 25, 1957Boyd Dickinson Kelly Stenstrom Honorable W. A. ShandsBrackin Eaton Kickliter Stratton President of the Senate.Branch Edwards KnightBronson Gautier Morgan Sir:

Nays-None. The undersigned members of the committee which you ap-pointed to study the question of the vote required to reconsider

So House Bill No. 748 passed, title as stated, and the the vote by which the Senate adopted Senator Brackin's mo-action of the Senate was ordered certified to the House of tion on April 24th to refer Senate Bill 331 to the CommitteeRepresentatives. on Education has met and wish to report as follows:

Senator Davis requested unanimous consent of the Senate We have agreed that since Senate Bill 331 is still in the pos-to take up and consider Senate Bill No. 361, out of its order. session of the Senate a motion to reconsider the action of the

Senate in referring the bill to a committee can prevail by aUnanimous consent was granted, and- majority vote of the Senate.

S. B. No. 361-A bill to be entitled An Act requiring all If the motion to reconsider prevails, the motion made bypopulation acts and apportionments to be based upon the Senator Brackin will then be before the Senate for furtherlast decennial State census. consideration.

Was taken up. Respectfully submitted,

Senator Davis moved that the rules be waived and Senate W. T. DAVIS,Bill No. 361 be read the second time by title only. CHARLES TOM HENDERSON,

ROBT. W. DAVIS.Which was agreed to by a two-thirds vote.

After ruling that the motion made by Senator Johns couldAnd Senate Bill No. 361 was read the second time by title prevail by a majority vote the President put the question:

only. "Will the Senate reconsider the vote by which the motion;}~~~~~~~~~~~~ „ , - . , „ . ,^^-made by Senator Brackin on April 24, 1957, that Senate Bill

Senator Davis moved that the rules be further waived and No. 331 be re-referred to the Committee on Education, wasSenate Bill No. 361 be read the third time in full and put adopted?"upon its passage.

A roll call was demanded.Which was agreed to by a two-thirds vote.

Upon call of the roll on the motion made by Senator JohnsAnd Senate Bill No. 361 was read the third time in full. the vote was:

298 JOURNAL OF THE SENATE April 25, 1957

Yeas-16. Senator Adams moved the adoption of the amendment.

Adams Branch Getzen Johnson Which was agreed to and the amendment was adopted.Beall Connor Hair KnightBelser Davis Hodges RawKnight Senator Connor moved that the rules be further waivedBishop Dickinson Johns Stratton and Senate Bill No. 387, as amended, be read the third time

in full and put upon its passage.Nays-22. Which was agreed to by a two-thirds vote.

Mr. President Carlton Houghton PopeBarber Carraway Kelly Rodgers And Senate Bill No. 387, as amended, was read the thirdBoyd Clarke Kickliter Rood time in full.Brackin Eaton Morgan Stenstrom Upon the passage of Senate Bill No. 387, as amended, theBronson Edwards Neblett roll was called and the vote was:Cabot Gautier Pearce

So the motion made by Senator Johns failed of adoption Yeas37.and Senate Bill No. 331 was re-referred to the Committee on Mr. President Carlton Hair PearceEducation. Adams Carraway Hodges Pope

CONSIDERATION OF BILLS AND JOINT RESOLUTIONS Barber Clarke Houghton RawlsBeall Connor Johns Rodgers~~ON THIRD READINGBelser Davis Johnson RoodSenate Bill No. 276 was taken up in its order and the con- Bishop Dickinson Kelly Stenstrom

sideration thereof was informally passed, the Bill retaining Brackin Eaton Kickliter Strattonits place on the Calendar of Senate Bills on Third Reading, Branch Edwards Knightpending roll call. Bronson Gautier Morgan

Cabot Getzen NeblettCONSIDERATION OF BILLS AND JOINT RESOLUTIONS Nays

ON SECOND READINGS. B. No. 387-A bill to be entitled An Act amending Sec- Boyd

tion 561.20, Subsection (2), Florida Statutes, relating to thelimitation of number of beverage licenses and exceptions So Senate Bill No. 387 passed, as amended, and was referredthereto. to the Secretary of the Senate as Ex Officio Engrossing Clerk,

for engrossing.Was taken up in its order.

Senator Hodges requested unanimous consent of the SenateSenator Connor moved that the rules be waived and Senate to have his name removed as a co-introducer of Senate Bill

Bill No. 387 be read the second time by title only. No. 271.

Which was agreed to by a two-thirds vote. Unanimous consent was granted.

And Senate Bill No. 387 was read the second time by title Senator Bishop moved that the rules be waived and the timeonly. of adjournment be extended until final disposition of Senate

Senator Adams offered the following amendment to Sen- Bill No. 91.ate Bill No. 387: Pending consideration of the motion made by Senator

In Section 1, line 12 (typewritten bill) immediately follow- Bishop, Senator Davis moved as a substitute motion that theing the, words "square feet of space" and immediately pre- Senate adjourn.ceding the words "provided, however" insert the following:nor shall such limitation of the number of licenses affect e qstion was put on the substtute moton made byany license heretofore or hereafter issued to any restaurant en vilocated in a hotel, motel or motor court which contains the Which was agreed to.necessary equipment and supplies for and serving full coursemeals regularly and having accommodations at all times for So the substitute motion made by Senator Davis was adoptedservice of two hundred (200) or more patrons at tables and and the Senate stood adjourned at 12:56 o'clock P. M., untiloccupying more than four thousand (4,000) square feet of 11:00 o'clock A. M., Friday, April 26, 1957.space;