JOURNAL OF THE SENATE

Friday, May 7, 1943 J

The Senate convened at 10:00 o'clock A. M., pursuant to The Bill contained in the above report was duly signed

adjournment on Thursday, May 6, 1943. by the President and. Secretary of the Senate in open session,

The President in the Chair. and was ordered to be transmitted to the House for the sig-nature of the Speaker and Chief Clerk of the House of Rep-

The roll was called and the following Senators answered resentatives.to their names:

Mr. President; Senators Adams, Baker, Barringer, Beach- Your Joint Committee on Enrolled Bills, to /whom was

am, Black, Brewton, Carroll, Clarke, Cliett, Coleman, Collins, referred:Davis, Franklin, Graham, Griner, Hinely, Housholder, John- House Bill No. 292:son, King, Lewis, Lindler, Maddox, Maines, Mathews, Mc- A bill to be entitled An Act providing for the creation of aArthur, McKenzie, Perdue, Rose, Shands, Sheldon, Shuler, Delinquent Tax Adjustment Board in all counties in theSturgis, Taylor, Wilson-35. State of Florida whose population according to the 1940

A quorum present. Federal census is not less than 5,750 and not more than 5,950Prayer by the Chaplain. prescribing the powers and duties of such Board; providing

for the compromise, sale and adjustment or cancellation ofThe reading of the Journal was dispensed with. tax sale certificates held by the State of Florida, or, by any

The Journal of Thursday, May 6, 1943, was corrected and county whose population is as stated above upon certain_

as corrected was approved. conditions; providing for the fees to be paid to certain officers.

REPORTS OF COMMITTEES House Bill No. 352:

Your Committee on Temperance, to whom was referred: A bill to be entitled An Act to authorize, ratify, validateSenate Bill No. 331: and confirm certificates of indebtedness heretofore issued by

Senate o. the Board of County Commjssioners of Martin County. Florida.A bill to be entitled An Act prohibiting the sale of alcoholic in payment of lands purchased for "Stuart Airport" in said '

beverages and intoxicating beverages between certain hours of county, and authorizing and directing the collection of athe day and on Sunday. authorizing incorporated cities- and tax to pay same.g i-towns to regulate such sales, and prescribing penalties for House Bill No. 353: .

violations hereof. ave ha thesameunernidration, aeredof.A bill to be entitled An Act fixing the salary of the Clerk :]Have had the same under -onsideration, and recomend of the Criminal Court of Record of Monroe County, Florida; ' .'i

that the same does not pass. providing the fund out of which said salary shall be paid; : 3

Very respectfully, providing, further, that all fees and costs collected by the VD. M. JOHNSON, Clerk of the Criminal Court of Record shall be deposited- in

-Chairman of Committee. the depository of the county to the credit of the Fine and f

And Senate Bill No. 331, contained' in the above report, Forfeiture Fund. :,

was laid on the table. House Bill No. 354: -

Your Committee on Prisons and Convicts, to whom was A bill to be entitled An Act validating and confirming all ref erred:- . - . expenditures made in excess of budgeted items by the Board

Senater Bille220: of County Commissioners of Martin County, Florida, duringtSenate 1Bill No. 220:the fiscal years 1941 and 1942; repealing all laws or parts. of

A bill to be entitled An Act to set aside in the State Treas- laws in conflict herewith; and providing when such Act shall

ury all funds which are derived from the sale of wood, lumber become effective.and similar home grown materials by the Florida State Prison; House Bill No 357:to establish a fund in the State Treasury to be known as the entitled An Act authorizing and directing the

State Prison Improvement Fund; and to make an annual Treasurer of the State of Florida to pay to the Board ofpropriation therefrom to provide for extensions and im- ounty Commissioners of Nassau County, Florida, to beprovements of the State Prison System; and repealing all laws credited to the County Welfare Fund, all money coming into in conflict therewith. his hands from the sale- of any property in Nassau County.

Have had the same under consideration, and recommend Florida, left by any decedent dying after the effective date'

that the same pass. of this Act and which property shall have been escheated to "- - Very respectfully, the State of Florida and sold and converted into money and' i

HAL Y. MAINES, paid to the said Treasurer under the provisions of SectionChairman of Committee. 731.33 of the Florida Statutes (Revision of 1941). !

And Senate Bill No. 220, contained in the above report, House Bill No. 358:was placed on the Calendar of Bills on Second Reading. A bill to be entitled An Act to make it unlawful for bogsI

Your Joint Committee on Enrolled Bills, to whom was re- cattle, horses mules, sheep and goats to run at large in thatferred: portion of Manatee County, Florida, lying north of the IVManaa-

Senate Bill No. 225: tee River and west of the range line dividing Ranges 19 20 (East); to provide for the impounding and sale of suci

A bill to be entitled An Act to amend Chapter 20733, Laws animals when found at large in violation of this Act; to pro-'of Florida, Acts of 1941, (Sec. 585.43 Florida Statutes, 1941), vide punishment for the owners of such animals, who penifltsame being entitled: "An Act relating to distribution and the same to run at large in violation of this Act, and for administration of anti-hog cholera serum and hog cholera prosecution of such persons. 'lvirus by the State Live Stock Sanitary Board; limiting freedistribution thereof to bona fide farmers and providing for - House Bill No. 360: a 'e

distribution ofsame atcost th." A bill to be entitled An Act relating to Pomello Drainage-distribution of same at cost to all others." District, a Drainage District organized and existing under the

Hereby reports that the above bills have been correctly Laws of Florida and embracing certain lands in Manate?enrolled and are presented herewith for the signature of the County, Florida permitting landowners at their option p.a.President and Secretary of -the Senate. Pomello Drainage District taxes to the Treasurer of the Dit

Very respectfully, trict; providing for record to be made thereof and feeS. A. HINELY, be paid collector in connection therewith; ratifying. co00

Chairman of the Joint Committee on Enrolled-- firming and validating certain acts and proceedings of .icBills on the Part of the Senate. Receiver, Board of Supervisors and Officers of the Dist .

May 7, 1943 JOURNAL OF THE SENATE 239

House Bill No. 364: Committees on Appropriations and Finance and Taxation toA bill to be entitled An Act fixing the compensation of the investigate new sources of revenue, to the end that the ap-

Boards of County Commissioners in all counties of the State propriation for Old Age Assistance may be doubled.of Florida having a population of more than 10.000 and less Have examined the same and find them correctly enrolled.than 10,150, according to the last State or Federal census. The same having been duly signed by the Speaker and

House Bill No. 369: Chief Clerk of the House of Representatives, we herewithA bill to be entitled An Act to prescribe the commissions present the same for the signature of the President and Sec-

and fix the compensations of the County Assessor of Taxes retary of the Senate.and the County Tax Collector in all counties of the State of Very respectfully,Florida having a population of not less than 10,000 and not S. A. HINELYto exceed 10,150. according to the last State or Federal census. Chairman of the Joint Committee on Enrolled

House Bill No. 373: Bills on the Part of the Senate.

A bill to be entitled An Act to authorize and permit the . Bills, Committee Substitute and Resolutions contained inBoard of County Commissioners of Taylor County, Florida, the above report were thereupon duly signed by the Presidentto purchase a certain building and lot of land in the Town and Secretary of the Senate in open session and ordered re-of Perry. Florida, for county use and purposes: providing the ferred to the Joint Committee on Enrolled Bills on the partnecessary funds for such purpose: and designating the fund of the Senate, to be conveyed to the Governor for his approval.from which said money shall be paid. C

Have examined the same and find them correctly enrolled. refer redJot Committee on Enrolled Bills, to whom wasThe same having been duly signed by the Speaker and House Bil No 416-

Chief Clerk of the House of Representatives, we herewith House No. 416present the same for the signature of the President and A bill to be entitled An Act to amend Section 9 of ChapterSecretary of the Senate. 16,692, Special Acts of 1933. Laws of Florida, relating to the

Verp respectfunvy. provisions for the payment of compensation to members ofVery respectfully, p.the City Commission, the said Act being entitled: "An ActS. A. HINELY. to abolish the present municipal government of the City of

Chairman of the Joint Committee on Stuart, in Martin County, Florida, and to create, establishEnrolled Bills on the Part of the Senate. and organize a municipality to be known and designated as

The Bills contained in the above report were thereupon the City of Stuart, and to define its territorial boundariesduly signed by the President and Secretary of the Senate in and provide for its government, jursidiction, powers. fran-open session and ordered referred to the Joint Committee chises and privileges."on Enrolled Bills on the part of the Senate, to be conveyed to n i 47the Governor for his approval. House Bill No. 417

A bill to be entitled An Act rectifying, ratifying, confirming,Your Joint Committee on Enrolled Bills, to whom was validating and legalizing the assessments, valuations of prop-

referred: erties, levies of taxes, tax-certificates, the filing and recordingHouse Bil] No. 355: of lists of -tax certificates, and tax sales, made by the City

of Stuart, Martin County. Florida,. for the years, A. D. 1941A bill to be entitled An Act relating to pari-mutuel pools. and 1942, and authorizing the collection of said. taxes in thecommissions thereon, the distributions thereof, the "breaks" manner provided by law.and defining same, regulating the purchase and sale of aninterest in any such pool, making it a crime to violate such House Bill No. 426:regulations and amending Section 16 of Chapter 14832, Laws A bill to be entitled An Act to amend Sections 3 and 4 ofof Florida, Acts of 1931, as amended by Section 10 of Chapter Chapter 14371, Laws of Florida, Acts of 1929. entitled "An Act

* 17276, Laws of Florida, Acts of 1935, relative thereto; and to constitute, organize and establish a municipality to belevying a tax upon every licensee conducting a horse race known and designated as the 'City of Sebring,' in the Countymeet, or operating a race track equal to five per centum of of Highlands and the State of Florida, and to define itsthe total contributions to all pari-mutuel pools on horse races territorial boundaries and to -provide for its jurisdiction,in addition to all other taxes otherwise levied or assessed; powers, privileges, and to validate all obligations, contracts.and providing when and where said taxes shall be paid, debts, bonds, ordinances, assessments and levies, and to re-making an appropriation thereof and designating said tax peal Chapter 11158. Laws of Florida, Acts of 1925, and allas the "Old Age Assistance Tax," and providing deductions other laws or parts of laws in any way in conflict with thisfrom said tax to be paid in equal amounts to the counties of Act insofar as they affect the same but no further, and tothis State, according to law, should the amounts payable to provide for a referendum to be submitted to the qualifiedsaid counties from horse race meets be less than the total electors of said city-."amount distributed to the said counties therefrom in the House Bill No. 431:racing season 1940-1941. and providing a penalty for wilful A bill to be entitled An Act authorizing and empoweringor wanton non-payment of tax. the City of Panama City to enforce the payment, by fore-

House -Bill No. 376: closure suit or otherwise, all delinquent city taxes, whichhave heretofore and which may hereafter accrue on lands in

A bill, to be entitled An Act designating the Office of said city; providing for payment of court costs and reason-Supervisor of Registration of Putnarnm County, Florida, in able attorney's fees in such foreclosure suits, upon whichthe County Court House, at Palatka, Florida, as the sole and taxes may be delinquent for a period of two years: and toonly place where those offering to register to vote at any declare valid and legal all assessments for taxes and proceed-

, general, special or primary elebtion, may register; and re- ings in connection therewith for all assessments in said cityquiring the registration books of said county to, at all times for the year 1942 and prior years: and authorizing and em-be kept-at said place for such purpose. powering the City Clerk of the City of Panama City to

~~~a-.,~~~~~~~~~~ -execute tax deeds upon lands in the City of Panama City,Committee Substitute for House Bill No. 6: upon which taxes have been delinquent for a period of two

X -A bill to be entitled -An Act to amend Section 347.08 of-the years or more; and to follow the same procedure with respect"Florida Statutes, 1941," authorizing the State Railroad Con- to issuing tax deeds as now provided by law covering themission to regulate the operation of and fix tolls for certain issuance of tax deeds by the Clerk of the Circuit Court intoll bridges, toll roads and causeways in the State of Florida. the State of Florida.

House Concurrent Resolution No. 10: House Bill No. 430:A 'Resolution thanking H. Herbert Romanoff and the Ma- A bill to be entltled An Act ratifying, validating and con

's;: sonic Service As -^" 0 fn. t^- "f0 ^. ^ if f^'firming provisions of Ordinance No. 422 Council Series ofonmei Servce Association for their effort on behalf of the the Ordinances of the City of Key West, Florida, providing,, men in our armed forces and the cause of democracy. for relief payments to certain officers of said city; and re-

- House Concurrent Resolution No. 12: quiring payment of such relief payments.-A Concurrent Resolution requesting the House Committees House Bill No. 327:

Oii -Appropriations and Finance and Taxation, and the Senate A bill to be entitled An Act to repeal in its entireties Chap-

240 JOURNAL OF THE SENATE May 7, 1943

ter 21233. Laws of Florida. Special Acts of 1941, entitled "An Senate Bill No. 260:Act to amend Chapter 10552, Laws of Florida, Special Acts of A bill to be entitled An Act relating to South Indian River1925, and Acts amendatory thereto, by providing for the estab- Drainage District, a Drainage District organized and existinglishment of a system of personnel administration for the under the Laws of Florida and embracing certain lands inCivil Service of all departments of the City of Fort Lauder- Palm Beach County, Florida; permitting landowners at theirdale, a municipal corporation of Florida, and providing for a option to pay South Indian River Drainage District taxesreferendum thereon;" and to re-enact Sections 47 and 50. of direct to Treasurer of the District, providing for record toChapter 10552, Laws of Florida, Special Acts of 1925. which be made thereof and fee to be paid Tax Collector in con-Sections created the police and fire forces, respectively, of nection therewith; ratifying, confirming and validating cer-the City of Fort Lauderdale, Broward County, Florida; and tain Acts of the Board of Supervisors, officers and agents ofproviding for a referendum thereon. the district.

House Bill No. 331: Senate Bill No. 272:A bill to be entitled An Act rectifying, ratifying, confirming, A bill to be entitled An Act to repeal Chapter 21051, Acts of

validating and legalizing the assessments, valuations of prop- 1941, Laws of Florida, same being An Act entitled: "An Acterties, levies of taxes, tax certificates and tax sales made by to provide that the Sheriff in all counties of Florida, havingthe City of Chipley, Florida. for the year 1941 and all prior a population of not less than 7,000 and not more than 7,050years. according to the last Federal census shall be allowed $50.00

House Bill No. 260: per month for a jailor, and to provide for the paymentA bill to be entitled An Act authorizing the State Board of thereof."

Administration to return to the Board of County Commis- Senate Bill No 273sioners of Calhoun County, for the use of Clyde C. PierceCorporation of Jacksonville, Florida, certain ad valorem tax A bill to be entitled An Act to repeal Chapter 20645, ActsCorporation of Jacksonville. Florida- certain ad valorem tax o 1 tL eontidAn Aet t entitled' A'Ansfunds, of 1941 Laws of Florida, same being An Act entitled: "An

Act fixing the salaries and fees of the Justices of the PeaceCommittee Substitute for House Bill No. 42: and Constables in all counties of the State of Florida, havingA bill to be entitled An Act relating to the acknowledgment a population of not less than 7,000 and not more than 7,050,

of deeds, conveyances, mortgages. relinquishments of dower, according to the 1940 Federal census."contracts for the sale of lands, powers of attorney and otherinstruments; amending Section 693.03 of the Florida Statutes, Senate Bill No. 274:.1941, relating to the acknowledgment of such instruments by A bill to be entitled An Act to repeal Chapter 21050, Acts ofmarried women; providing a form of certificate of acknowl- 1941, Laws of Florida, same being An Act entitled: "An Actedgment of any individual; validating certain acknowledg- to provide that the County Judge in all counties of Florida,ments by married women. having a population of not less than 7,000 and not more than

Have examined the same and find them correctly enrolled. 7,050 according to the last Federal census, shall be allowedThe same having been duly signed by the Speaker and $50.00 per month for clerk or secretary and provide for the

Chief Clerk of the House of Representatives, we herewith payment thereof."present the same for the signature of the President and Sec- enate Bill No. 288:retary of the Senate.

Very respectfully, A bill to be entitled An Act relating to the compensationS. A. HINELY, of the Clerk of the Circuit Court for services performed in

Chairman of the Joint Committee on Enrolled suits or proceedings before the Circuit Court in all countiesBills on the Part of the Senate. of the State of Florida having a population of not less than

thirty-eight thousand five hundred and not more than thirty-The Bills and Committee Substitute contained in the above eight thousand seven hundred according to the official Federal

report were thereupon duly signed by the President and census of 1940.Secretary of the Senate in open session and ordered referred to the Joint Committee on Enrolled Bills on the part of the Senate Bill No. 289:Senate, to be conveyed to the Governor for his approval. A bill to be entitled An Act authorizing photographic re-

Your Joint Committee on Enrolled Bills, to whom was re- cording of instruments by the Clerks of the Circuit Courtsferred: in counties of the State of Florida having a population of

Senate Bill No. 80: more than 38,500 and less than 38,700 inhabitants accordingA bill to be entitled An Act to amend 192.06, Florida to the 1940 Federal census.

Statutes, 1941, relating to property exempt from taxation, Senate Bill No. 310:so as to authorize taxation of such property of the United A bill to be entitled An Act to provide how persons whoStates as it shall permit to be taxed. have registered or who may hereafter -:egister under the pro-

Senate Bill No. 131: visions of Chapter 20797, Laws of Florida of 1941, may registerA bill to be entitled An Act redesignating and re-establishing change of party affiliation.

State Road 77-A in Levy County and declaring said road as Senate Bin No. 313:redesignated shall be a part of the third preferential system n " No. 313:of redesignated shall be a part of theof thipreferential system A bill to be entitled An Act authorizing and requiring the

fSentate roBin No. 165: City of Tampa to pay a pension to Ruy H. Cason.Senate Bill No. 165:A bill to be entitled An Act to enlarge the powers of the Senate Bill No. 315:

Game and Fresh Water Fish Commission by conferring the A bill to be entitled An Act to amend Section 1, of Chapterright of eminent domain upon said Game and Fresh Water 20998, Laws of Florida, 1941, the same being An Act providingFish Commission in certain cases. for the employment of two stenographers for the county

Senate Bill No. 210: Solicitor for the Criminal Court of Record, and to providefor the purchase of supplies and payment of rent and other

A bill to be entitled An Act authorizing the State Library expenses for such County Solicitor, and fixing the compen-i'.Board to negotiate for the transfer of and to receive public sation of such stenographers in counties of the State ofrecords from any official department. or agency of the State Florida having a population of not less than 125,000 and notof Florida; making the State Library Board legal custodian more than 200,000 according to the last preceding Federalof all public records turned over to it by any and every such census; and repealing all laws and parts of laws in conflictofficial, department or agency; authorizing any public officer herewith.to turn over to the State 'Library Board such public recordslegally in his custody as are not needed for the transaction Senate Bill No. 318:of the business of his office whenever the State Library Board A bill to be entitled An Act fixing the salaries of members ofis willing to receive and care for them; requiring the Secretary Boards of County Commissioners of the State of Florida 1

of the State Library Board to receive for deposit in the Florida counties having a population of not more than ten thousand bState Library all records turned over to said board by any five hundred (10,500), and not less than ten thousand. 0 Iepublic officer or any agency of the State, and that said Secre- hundred twenty-five (10,125), according to the last Feder^tary of the State Library Board receipt for all records received. census. er

May 7, 1943 JOURNAL OF THE SENATE 241

Senate Bill No. 319: So Senate Bill No. 377 passed, title as stated, and the ac-A bill to be entitled An Act providing for the compensation tion of the Senate was ordered certified to the House of Rep-

of members of the Board of Public Instruction in all counties resentatives.of the State of Florida having a population of not more than By Senator Rose-ten thousand. five hundred (10,500), and not less than tenthousand, one hundred twenty-five (10,125), according to the Senate Bil No. 378:last preceding Federal census. A bill to be entitled An Act fixing the salaries to be paid

Senate Bill No. 325: to the Mayor-Commissioner and to the City Commissioners

A bill to be entitled An Act to amend Section 3 of Chapter oftheCity of rlando, State of lorida and providing for a40 of Florida Statutes, 1941, relating to the number of jurorsthe County Commissioners in each county which has or may Which was read the first time by title only.have a population exceeding eighty-five thousand according Senator Rose moved that the rules be waived and Senateto the last preceding State or Federal census shall select in Bill No. 378 be read the second time by title only.making up the lists of persons to serve as jurors, as pro- Which was agreed to by a two-thirds vote.vided by law. „„ ,. . 4.1, ., iAnd Senate Bill No. 378 was read the second time by title

Beg leave to report that the same have this day been pre- only.sented to the Governor for his approval. Senator Rose moved that the rules be further waived andVery respectfully, Senate Bill No. 378 be read the third time in full and put

S. A. HINELY, upon its passage.Chairman of the Joint Committee on Enrolled Which was agreed to by a two-thirds vote.

Bills on the Part of the Senate. And Senate Bill No. 378 was read the third time in full.Senator Collins moved that Senate Bill No. 333 be with- Upon the passage of Senate Bill No. 378 the roll was called

drawn from the Committee on Judiciary "B" and re-referred and the vote wasto the Committee on Finance and Taxation. Yeas-Mr. President; Senators Adams, Baker, Barringer,

Which was agreed to and it was so ordered. Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman,INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Collins, Davis, Franklin, Graham, Griner, Hinely, Housholder,

Johnson, King, Lewis, Lindler, Maddox, Maines, Mathews,By Senator Beall- McArthur, McKenzie, Perdue, Rose, Shands, Sheldon, Shuler,*Senate Bill No. 377: Sturgis, Taylor, Wilson-35.A bill to be entitled An Act relating to the City of Pensa- Nays-None.

cola, Florida, providing that certain provisions of Senate So Senate Bill No. 378 passed, title as stated, and the ac-Bill No. 9, entitled "An Act imposing an additional tax upon tionr of the Senate was ordered certified to the House ofgasoline or other like products of petroleum; providing for Representatives.reports of sales of such commodities to the Comptroller ofthe State of Florida; providing for the disposition of the By Senators Graham, Hinely, Beacham and Housholder-moneys derived from such taxes, and the apportionment Senate Bill No. 379:thereof to the General Revenue fund of the State, and to the A bill to be entitled An Act to provide for the creation,County School Fund; providing that the gasoline inspec- operation, maintenance and supervision of the Florida In-tion laws of the State of Florida shall apply to this Act; pro- surance Rating Bureau; to Provide for the making and filinghibiting the levy and collection by municipalities and other of fire, windstorm, lightning, tornado, hail, marine and auto-.political sub-divisions of gasoline taxes; providing for the mobile fire and theft insurance rates; to provide for the ap-enforcement of this Act, and penalties for violation hereof and proval of such rates by the Commissioner of Insurance; toproviding that this Act is an emergency revenue measure and prevent 'discrimination in such rates; to provide for the ex-shall be of no force and effect from and after July 1, 1945,"' amination of such Bureau; to generally regulate rate-makingpassed by the 1943 Session of the p-lorida Legislature, which agreements; providing penalties for violations; and to repealprohibits municipalities from levying and collecting any all laws or parts of laws in conflict herewith.excise tax measured or computed by the sale, purchase,storage, -distribution, use, consumption, or other disposition Which was read the first time by title only and referred toof gasoline or other like products of petroleum, with certain the Committee on Insurance.limitations, shall not apply to the City of Pensacola, Florida;and providing that this Act shall expire July 1, 1945. By Senator Rose-

Which was read the first time by title only. Senate Bill No. 380:Proof of Publication of Notice was attached to Senate Bill A bill to be entitled An Act creating a pension fund for the

No. 377 when it was introduced in the Senate, and evidence Police Department of the City of Orlando, Florida: Providingthat such Notice has been published was established by the monthly contributions to be made by the members of the saidSenate, as required by Section 21, Article III of the Con- Department and annual contributions by the said City to paystitution of the State of Florida. the benefits prescribed by this Act: Providing for a Board

Senator Sheldon moved that the rules be waived and Senate of Trustees to administer said fund; providing for pensionBill No. 377 be read the second time by title only. benefits to be paid to members of said Department who shall

whic-h was*. agreed toby a two-thirdsvotebecome permanently incapacitated or who shall be retiredWhich was agreed to by a two-thirds vote. and providing certain pension benefits f of widows and childrenAnd Senate Bill No. 377 was read the second time by title of members of the said Department under certain conditions

only. and other relief; providing no pension. whether heretoforeSenator Sheldon moved that the rules be further waived granted or to be granted under this Act, shall exceed one

and Senate Bill No. 377 be read the third time in full and hundred and- twenty-five dollars ($125.00) per month; de-put upon its passage. fining members of the said Police Department and providing

Which was agreed to by a two-thirds vote. for retirement pensions; providing for the acceptance or re-And Senate Bi No j77 was read the thir tim in fu jection of this Act by the Employees of the said Department;

e 3 was read the thrd te n providing for the ratification or rejection of this Act by theUpon the passage of Senate Bill No. 377 the roll was called electorate of the City of Orlando; and other matters dealingand the vote was: with the operation and administration of this Act.

Yeas-Mr. President; Senators Adams, Baker, Barringer, Which was read the first time by title only.Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman, Senator Rose moved that the rules be waived and SenateCollnso Davis, Frankin, Graham, Griner, Hinely, Housholder,d t Johnson. King, Lewis, Lindler, Maddox. Maines, Mathews, Bill No., 380 be read the second time by title only.:McArthur, McKenzie, Perdue, Rose, Shands, Sheldon, Shuler, Which was agreed to by a two-thirds vote.Sturgis, Taylor, Wilson-35. And Senate Bill No. 380 was read the second time by title

Nays-None. only.

242 JOURNAL OF THE SENATE May 7, 1943

Senator Rose moved that the rules be further waived and thereof: Section 1. That there is hereby designated andSenate Bill No. 380 be read the third time in full and put established a certain State road to extend from State Roadupon its passage. Number 67 near Harrisburg in Glades County, Florida, in a

southwesterly, direction to connect with State Road NumberWhich was agreed to by a two-thirds vote.5 LaBelle in Hendry County Florida. Road NumberAnd Senate Bill No. 380 was read the third time in full. And respectfully requests the concurrence of the SenateUpon the passage of Senate Bill No. 380 the roll was called therein.

and the vote was: Respectfully,Yeas-Mr. President; Senators Adams, Baker, Barringer, WALTER P. FULTLER,

Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman, Chief Clerk House of Representatives.Collins, Davis, Franklin, Graham, Griner, Hinely, Housholder, And Senate Bill No. 105. contained in the above Message,Johnson, King, Lewis, Lindler, Maddox, Maines, Mathews, was read by title, together with the House Amendment 'thereto.McArthur, McKenzie, Perdue, Rose, Shands, Sheldon, Shuler, Senator Franklin moved that the Senate do concur in theSturgis, Taylor, Wilson-35. - House Amendment to Senate Bill No. 105.

Nays-None. -Which was agreed to and the Senate concurred in theSo Senate Bill No. 380 passed, title as stated, and the ac- House Amendment to Senate Bill No. 105.

tion of the Senate was ordered certifed to the House of And Senate Bill No. 105, as amended, was referred to theRepresentatives. . Committee on Engrossed Bills, and the action of the Senate

By the Committee on Appropriations- was ordered certified to the House of Representatives.

Senate Bill No. 381: The following Message from the House of RepresentativesA'bill to be entitled An Act making appropriations for the was received and read:

salaries of the officers and employees of the State and for Tallahassee, Florida,the current operating expenses of the departments and May 6, 1943.branches of the State Government for the annual periods Hon. Philip D. Beall,beginning July 1, 1943, and July 1, 1944. President of the Senate.

Which was read the first time by title only and placed on Sir:the Calendar of Bills on Second Reading, without reference. I am directed by the House of Representatives to inform

Senator Housholder moved that the rules be waived and the Senate that the House of Representatives has passed:Senate Bill No. 381 be made a Special and Continuing Orderof Business for consideration by the Senate when the Orders By Mr. Peeples of Glades-of the Day are reached on Monday, May 10, 1943. House Bill No. 181:

Pending adoption of the motion made by Senator Hous- A bill to be entitled An Act fixing the compensation of theholder Senator Maines moved as a substitute motion that members of the Boards of Public Instruction in counties hav-the rules be waived and Senate Bill No. 381 be made a Special ing a population of not less than 2500 and not more than 2800and Continuing Order of Business for consideration by the according to the last State census of the State of Florida.Senate when the Orders of the Day are reached on Tuesday,May 11, 1943. By Mr. Peeples of Glades-

The question was put on the substitute motion. House Bill No. 182:

Which was agreed to by a two-thirds vote and it was so A bill to be entitled An Act dispensing with the requirementordered. of publishing a list of qualified electors by the Supervisor of'

Registration in all counties of the State of Florida having aMESSAGES FROM THE HOUSE OF REPRESENTATIVES population of not less than .2500 and not more than 2800

Tlie following Message from the House of Representatives according to the last official State census of the State ofwas received and read: Florida and repealing the laws in conflict therewith.

Tallahassee, Florida, And respectfully requests the concurrence of the SenateMay 6, 1943. -therein.

Hon. Philip D Beall, Respectfully,President of the Senate. WALTER P. FULLER,

Sir: ~ . - WALTER P. FULLER,

I am directed by the House of Representatives to inform hief Clerk Houseof Representatives the Senate that the House of Representatives has passed: And House Bill No. 181, contained in the above Message, was

read the first time by title only.By Senators King. McKenzie and Carroll- - Senator Cliett moved that the rules be waived and- HouseSenate Bill No. 357: Bill No. 181 be read the second time by title only.A bill to be entitled An Act authorizing the State and Which was agreed to by a two-thirds vote.

counties to sell State owned and county owned typewriters A H e . 11 w son m b titleunder certain circumstances. And House Bill No. 181 was read the second time by title-

Respectfully, only.WALTER P. FULLER, Senator Cliett moved that the rules be further waived and

Chief Clerk House of Representatives. House Bill No. 181 be read the third time in full and putAnd Senate Bill No. 357, contained in the above Message, upon its passage. -

was referred to the Committee on Enrolled Bills. Which was agreed to by a two-thirds vote.

The following Message from the House of Representatives And House Bill No 181 was read the third time in full.was received and -read:

-Tallahassee, Florida. Upon the passage of House Bill No. 181 the roll was called:May 6. 1943. and the vote was:

Hon. Philip D. Beall, Yeas-Mr. President; Senators Adams, Baker, Barringer ,President of the Senate. - Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman,

Sir: Collins, Davis, Franklin, Graham, Griner, Hinely, Housholder'

I am directed by the House of Representatives to inform Johnson, King, Lewis, Lindler, Maddox, Maines, MatheWs;the Senate that the House of Representatives has passed McArthur, McKenzie, Perdue, Rose, Shands, Sheldon, Shuler,with amendment: Sturgis, Taylor, Wilson-35.

By Senator Franklin- - Nays-None.Senate Bill No. 105: So House Bill No. 181 passed, title as stated, and the ac-

' A bill to be entitled An Act designating and establishing a tion of the Senate was ordered certified to the HouseState road to extend from Harrisburg in Glades County. Representatives.Florida, southwesterly to La Belle. Florida. - And House Bill No. 182, contained in the above Message, wa

Which amendment reads as follows: read the first time by title only and placed on the CalenaStrike out Section 1, and insert the following in lieu of Local Bills on Second Reading. - -

May 7, 1943 JOURNAL OF THE SENATE 243

The following Message from the House of Representatives I am directed by the House of Representatives to informwas received and read: the Senate that the House of Representatives has passed:

Tallahassee, Florida,May 6, 1943. By Messrs. Middleton of Putnam and Boynton of Gadsden-

Hon. Philip D. Beall, House Memorial No. 14:president of the Senate A Memorial to the Congress of the United States petitioning

Sir: the Congress to appropriate adequate funds for cooperativeI am directed by the House of Representatives to inform forest extension, and fire protection and for the continuance

the Senate that the House of Representatives has passed: of funds for forest research.By Mr. Leedy of Orange- And respectfully requests the concurrence of the Senate

House Bill No. 205:terein. Respectfully, .A bill to be entitled An Act making refunding bonds and WALTER P. ULLER

gasoline or other fuel tax anticipation certificates issued by Chief Clerk House of Representativesthe State Board of Administration, under Section 16 of ArticleIX of the Constitution of this State, eligible for investment by And House Memorial No. 14, contained in the above Mes-banks and trust companies. sage, was read the first time in full.

And respectfully requests the concurrence of the Senate Senator McKenzie moved that the rules be waived andAdthereinspcful reuet the cocrec fh eae House Memorial No. 14 be read the second time in full.

Respectfully, Which was agreed to by a two-thirds vote.WALTER P. FULLER, And House Memorial No. 14 was read the second time in full.

Chief Clerk House of Representatives. The question was put on the adoption of the Memorial.And House Bill No. 205, contained in the above Message, Which was agreed to- and House Memorial No. 14 was

was read the first time by title only and referred to the adopted and the action of the Senate was ordered certifiedCommittee on Banking and Building and Loans. to the House of Representatives.

The following Message from the House of Representatives The following Message from the House of Representativeswas received and read: was received and read:

Tallahassee, Florida, Tallahassee, Florida,May 6, 1943. May 6. 1943.

Hon. Philip D. Bea ll May 6, 1943. Hon Philip . Beall, May 6, 1943.President of the Senate. resident ofthe Senate.

Sir: Sir:I am directed by the House of Representatives to inform I am directed by the House of Representatives to nform

the Senate that the House of Representatives has passed by the Senate that the House of Representatives has passed:the required Constitutional three-fifths vote of all members By Messrs. Nilsson and Walker of Volusia-elected to the House of Representatives for the 1943 Session House Bill No. 515:-of the Florida Legislature: A bill to be entitled An Act authorizing the Board of County

By Messrs. Crary of Martin, Carlton of St. Lucie, Burwell Commissioners of Volusia County, Florida, to pay certainand Leaird of Broward. Thomas and Bizzell of Escambia, specifically designated claims from the Road and Bridge PundPapy of Monroe, Scales of Taylor, Martin and McDonald of of Volusia County.Hillsborough, Hendry of Okeechobee and Stewart of Lee- Proof of Publication attached. -

House Joint Resolution No. 178: And respectfully requests the concurrence of the SenateA Joint-Resolution proposing the amendment of Section 9, therein.

Article IX, of the Constitution of the State of Florida, relating Respectfully,to the exemption of property of widows and persons disabled WALTER P. FULLER,in war or by misfortune, by increasing the amount of such Chief Clerk House of Representatives.exemption from five hundred dollars to two thousand dollars. And House Bill No. 515, contained in the above MessageI BE IT RESOLVED BY THE LEGISLATURE OF THE was read the first time by title only.STATE OP FLORIDA: - Senator Coleman moved that the rules be waived and

Section 1. That the following amendment to Section 9, House Bill No. 515 be read the second time by title only.- Article IX, of the Constitution of the State of Florida, relating Which was agreed to by a two-thirds vote.

to exemption of property of widows and persons disabled in And House Bill No. 515 was read the second time bywar or by misfortune from taxation, be and the same is title onlyhereby agreed to and shall be submitted to the electors of Senator Coleman moved that the rules be further waivedthe State of Florida for ratficaton or rejection at the next and House Bill No. 515 be read the third time in full andgeneral election to be held in the year 1944; that is to say, put upon its passage.that the said Section 9, Article IX, of the Constitution of the Which was agreed to by a two-thirds vote-State of Florida be amended so as to read as follows:-"Section 9. There shall be exmp fo txio proyAnd House Bill No. 515 was read the third time in full.*-.3 " Section 9. There shall be exempt from taxation property e

to the value of two thousand dollars to every · widow and to Upon the passage of House Bill No. 515 the roll was calledevery person who is a bona fide resident of the State and has and the vote ws:lost a limb or been disabled in war or by misfortune." Yeas-Mr. President; Senators Adams, Baker, Barringer,

bendialdHnwr rb msotue"Beatham, Black, Brewton, Carroll, Clarke, Cliett, Coleman,And respectfully requests the concurrence of the Senate Collins, Davis, Franklin, Graham, Griner, Hinely, Housholder,

.* Resein . - Johnson, King, Lewis, Lindler, Maddox, Maines, Mathews,; * Respectfully. McArthur, McKenzie,. Perdue, Rose, Shands, Sheldon, Shuler.

Chief :' WALTER P. PULLER, Sturgis, Taylor, Wilson-35.^-** -. ' Chief Clerk House of Representatives. Nays-None.

MAnd House Joint Resolution No. 178, contained in the above So House Bill No. 515 passed, title as stated, and theCMessage, was, read the first time in full and referred to the action of the Senate was ordered certified to the House of-Committee on Constitutional Amendments. Representatives.

The following Message from the House of Representatives The following Message from the House of Representatives-was received and read:was received and read:

Tallahassee, Florida, Tallahassee, Florida,JiH*'-- n~rzi -. na, - wMay 6, 1943. - .- May 6, 1943.

Proen.-Phsiip D. Beall, Hon. Philip D. Beall,-irPresident of the Senate President of the Senate.

.. Sir: .

244 JOURNAL OF THE SENATE Ma 43

I a directed by the House of Representatives to inform Senate Bill No. 371: nate that the House of Representatives has passed: A bill to be entitled An Act to authorize the qualified

electors of any Special Tax School District in the State. underBy Mr. Commander of Holmes- conditions prescribed herein to vote, as a part of the millageHouse Bill No. 16: authorized by Section 10 of Article XII of the Constitution,A bill to be entitled An Act declaring the intention of the a special millage the proceeds of which shall be used exclu-

Legislature with respect to an assistance program for needy sively for capital outlay and building maintenance purposespersons who have lost a limb or have been disabled by disease within the district, in lieu of voting and issuing bonds.or misfortune to earn a livelihood; providing for monthly as- Was taken up in its order.sistance payments not to exceed $40.00 to such persons; nam- Senator Shuler moved that the rules be waived and Senateing other qualifications necessary to receive such assistance; Bill No. 371 be read the second time by title only.providing for the manner, form and time of paying same;designating the State Welfare Board as the agency to handle Which was agreed to by a two-thirds vote.such payments; making an appropriation therefor; repealing And Senate Bill No. 371 was read the second time byall laws or parts of laws in conflict therewith; and providing title only.for the effective date hereof. Senator Shuler moved that the rules be further waived

And respectfully requests the concurrence of the Senate and Senate Bill No. 371 be read the third time in full andtherein. put upon its passage.

Respectfully. Which was agreed to by a two-thirds vote.WALTER P. FULLER, And Senate Bill No. 371 was read the third time in full.

Chief Clerk House of Representatives. Upon the passage of Senate Bill No. 371 the roll was called

And House Bill No. 16, contained in the above Message, and the vote was:was read the first time by title only and referred to the Yeas-Mr. President; Senators Adams, Baker, Barringer,Committee on Public Roads and Highways. Beacham, Black, Brewton, Carroll, Cliett, Coleman, Collins,

Davis, Franklin, Graham. Griner, 'Hinely, Housholder, King,SENATE BrILLS ON SECOND READING Lewis, Lindler, Maddox, Maines, Mathews, McArthur, Mc-

Kenzie, Rose, Shands, Sheldon, Shuler, Sturgis, Taylor, Wil-Senate Bill No. 265: son-32.A bill to be entitled An Act to amend Section 440.12 Florida Nays-Senators Johnson, Perdue-2.

Statutes 1941, and Section 440.13 Florida Statutes 1941, as So Senate Bill No. 371 passed, title as stated, and the ac-amended by Section 2. Chapter 20672, Acts of 1941, relating tion of the Senate was ordered certified to the House ofto the Workmen's Compensation Law; by providing for an Re ntatives increase in the employer's liability for the weekly payments Senaeve. - -of compensation to injured employees and authorizing the Industrial Commission within a certain time to order the Senate Bill No.employer and/or insurance carrier to furnish medical treat- - '-b- d An Act relating to public education,ment to injured employees in excess of one thousand dollars providing for an annual appropriation to the County Schoolif the nature of the injury or the process of recovery requires Fund as an emergency fund for the operation of schoolssuch action. of a sum equal to one hundred and fifty dollars for each

Was takenup in its order. instruction unit for the school year ending June 30, 1943,Senator King moved that the rules be waived and Senate and of a sum equal to one hundred and fifty dollars for each

Bill No. 265 be read the second time by title only. instruction unit for the school year ending June 30, 1944,Which was agreed to by a two-thirds vote, to be apportioned on the basis of instruction units allocatedWhich was agreed to by a two-theirds vote.ime byte o each county as such instruction units are defined by law;And Senate Bill No. 265 was read the second time by title ecting how the money shall be used and declaring

only and placed on the Calendar of Bills on Third Reading. at the appropriation is supplemental and in addition to all

Senate Bill No. 370: o her appropriations to the County School Fund.

A bill to be entitled An Act toqamend Sections 231.07, 231.17, Was taken up in its order.234.14, 235.32, 236.37, 236.38, 236.43, 236.45, 236.47, 236.48, enator Rose moved that the rules be waived and Senate236.55, 237.19 and 237.22. Florida Statutes, 1941; Section B:l No. 31 be read the second time by title only.237.23, Florida Statutes, 1941, as amended by Section 10 of Which was agreed to by a two-thirds vote.Chapter 20970, Laws of Florida, Acts of 1941: Section 238.10, d Senate Bill No. 31 was read the second time by title )Florida Statutes, 1941, as amended by Section 4 of Chapter nly and placed on the Calendar of Bills on Third Reading. t20749, Laws of Florida. Acts of 1941; and Sections 1 and 2of and placed on the Calendar of Bils on Third ReadinChapter 20915, Laws of Florida, Acts of 1941 (Section 236.60, Snat Bil N 309 Florida Statutes, 1941); and to repeal Sections 242.07. 242.08, enae o.242.09. 242.25, 242.26, 242.27, 242.28 249.29, 242.30, 242.31 and A bill to be entitled An Act "to amend Sections 550 and242.32, Florida Statutes. 1941, relating to public education. 551 of Chapter 19355 of the Laws of Florida of 1939, also

Was taken up in its order. known as Paragraph 231.50 and 231.51, Florida Statutes 1941,Senator Shuler moved that the rules be waived and Senate being An Act relating to public education, providing for the

-Bill No. 370 be read the second time by title only. organization, establishment, operation, maintenance, and sup-Which was agreed toby to- s vte, port of the State system of public education and prescribing

Which was agreed to by a two-thirds vote. penalties for violating any provisions of the Act, and any rule'And Senate Bill No. 370 was read the second time by and regulation made pursuant to the Act, said amendment to

title only. provide for the payment of a pension to Annie R. Helms."Senator Shuler moved that the rules be further waived in it

and Senate Bill No. 370 be read the third time in full and Was taken up m its order.put upon its passage. Senator Sheldon moved that the rules be waived and

Which was agreed to by a two-thirds vote. Senate Bill No. 309 be read the second time by title only.And Senate Bill No. 370 was read the third time in full. Which was agreed to by a two-thirds vote.Upon the passage of Senate Bill No. 370 the roll was called And Senate Bill No. 309 was read the second time y

and the vote was: title only and placed on the Calendar of Bills on Third Read- Yeas-Senators Adams. Baker, Barringer, Beacham. Black, ing-

Brewton, Cliett. Collins, Franklin, Graham, Griner. Hous-holder, King, Lewis, Lindler, Maddox, Maines, Mathews. Mc- Senate Bill No. 363:Kenzie, Rose, Shands. Sheldon. Shuler. Sturgis. Taylor-25. A bill to be entitled An Act classifying the planting, raisingl

Nays-Mr. President; Senators Johnson, McArthur. Per- cultivating. processing or cutting of Southern pine treesdue-4. agriculture and providing that persons engaged in such plafnt

So Senate Bill No. 370 passed, title .as stated, and the ing, raising, cultivating, processing or cutting shall be en-action of the Senate was ordered certified to the House of titled to all the rights and privileges which persons engagedRepresentatives. in agriculture by law may now or hereafter enjoy.

MaCDI1943 JOURNAL OF THE SENATE cs9Was taken up in its order. Nays-None.Senator McArthur moved that the rules be waived and So Senate Bill No. 345 passed, title as stated, and the

Senate Bill No. 363 be read the second time by title only. action of the Senate was ordered certified to the House ofWhich was agreed to by a two-thirds vote. Representatives.And Senate Bill No. 363 was read the second time by title Senate Bill No. 330:

only. A bill to be entitled An Act giving consent by the State ofSenator McArthur moved that the rules be further waived Florida to be sued and made a party defendant in suits in

and Senate Bill No. 363 be read the third time in full and put equity brought by any city, village or town of this State toupon its passage. enforce and satisfy its tax or assessment liens on property

Which was agreed to by a two-thirds vote. located therein the title to which vested in and is held by theAnd Senate Bill No. 363 was read the third time in full. State of Florida under Chapter 18296, Laws of Florida, Acts. at of 1937: providing that the former owner of said property orUpon the passage of Senate Bill No. 363 the roll was called anyone claiming by. through or under him, or anyone claim-

and the vote was: ing lien thereon, may be made parties to such suits for theYeas-Mr. President; Senators Adams, Baker, Barringer, purpose of barring the assertion of any rights or claims

Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman therein; providing that taxing districts may be made partiesCollins, Davis. Franklin Graham, Griner, Hinely, Housholder, to such suits; establishing and providing the manner andJohnson, King, Lewis, Lindler, Maddox, Maines, McArthur method of adjudicating and discharging the interest of theMcKenzie, Perdue, Rose, Shands, Sheldon, Shuler, Sturgis, vllage or town, and taxing di atrssessment liens of the city

Tavlor-33. , o lu , o u ~in svage or town, and taxing districts, in and on said propertyTaylor-33. in said proceedings; providing for the sale of said propertyNays-None. and for the distribution of the proceeds thereof, after pay-So Senate.Bill No. 363 passed, title as stated, and the ac- ment of certain costs and attorneys fees; providing that such

tion of the Senate was ordered certified to the House of suits shall be cognizable only in the Courts of the State ofRepresentatives. Florida, and for the venue of such suits and the service of

process therein; and providing that the Attorney General ofSenate Bill No. .253: the State of Florida shall represent the State in such suits.A bill to be entitled An Act to amend Section 18-A of Was taken up in its order and read the second time

Chapter 18285, Laws of Florida, Acts of 1937, as amended\ in full, and placed on the Calendar of Bills on Third Reading.by Section 1 of Chapter 20714. Laws of Florida, Acts of 1941, I B Tthe same being Section 409.26, Florida Statutes 1941, creating\ HOSE BILLS ON THIRD EAD G the Florida Council for the Blind, and repealing all laws inconflict herewith. ouse Bill No. 3

Was taken up in its order. A e etedAn Act to amend Section 381.01, FloridaSenator Collins moved that the rules be waived and Senate tatutes 1941 relating to appointment of members of State

Bill No. 253 be read the second time by title only . \Board of Health, by prescribing the number, qualificationsWhich was agreed to by a two-thirds vote . end residence of such members.WhichAnd Senate Bi No. 253 was agreed to by a two-thirds vote. second time by Was taken up in its order and read the third time in full.And Senate Bill No. 253 was read the second time by us consent senators Coleman and Beacham

title only. -y a ou consent Senators Coleman and BeachamSenator Collins moved that the rules be further waived offere the following amendment to House Bill No. 308:

and Senate Bill No. 253 be read the third time in full and Strike out Section 1 and insert .in lieu thereof the follow-put upon its passage. ing:

Which was agreed to by a two-thirds vote. Section 1. That Section 381.01 of Forida Statutes, 1941, beAnd Senate Bill No. 253 was read the third time in full.- and the same is hereby amended to read as follows:Upon the passage of Senate Bill No. 253 the roll was called "381.01. Governor to appoint Board of Health.-The Gov-

.and the vote was: ernor shall appoint as members of the State Board of HealthYeas-Mr. President; Senators Adams, Baker, Barringer, seven discreet citizens of the State of Florida, one from each

Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman, of the five areas designated as United States Congressional-Collins, Davis, Franklin, Graham, Griner, Hinely, Housholder, Districts by the Legislature of the State of Florida in 1935,Johnson, King, Lewis, Lindler, Maddox, Maines, Mathews, two from the State at large, who shall be confirmed by theMcArthur, McKenzie, Perdue, Rose, Shands, Sheldon, Shuler, Senate, and who, after taking and subscribing an oath, be-'Sturgis, Taylor, Wilson-35. fore some person competent to administer oaths, faithfully

Nays-None. to perform, the duties of their offices, shall constitute theSo Senate Bill No. 253 passed, title as stated, and the State Board of Health."

action of the Senate was ordered certified to the House of Senator Beacham moved the adoption of the amendment.-Representatives. * Which was agreed to and the amendment was adopted.

Senate Bill No. 345: Upon the passage of House Bill No. 308, as amended, theA bill to be entitled An Act to amend Section 95.11, Florida roll was called and the vote was:

Statutes of 1941, relating to limitations upon actions other Yeas-Mr. President; Senators Adams. Baker, -Barringer,than real actions. Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman,Was taken up in its order. Collins, Davis, Franklin. Graham, Griner, Hinely, Housholder,Senator Collins moved that the rules be waived and Senate Johnson, King, Lewis. Lindler, Maddox, Maines, Mathews,

-Bill No. 345 be read the second time by title only. McArthur, McKenzie, Perdue, Rose, Shands, Sheldon, Shuler,Which was agreed to by a two-thirds vote. Sturgis, Taylor, Wilson-35.And Senate Bill No. 345 was read the second time by Nays-None.

-title only. So House Bill No. 308 passed, as amended, and the actionSenator Collins moved that the rules be further waived of the Senate was ordered certified to the Hous eof Repre--and Senate Bill No. 345 be read the third time in full and sentatives immediately, by waiver of the rule.

-Put upon its passage. CWhich was agreed to by a two-thirds vote. HOUSE BILLS ON SECOND READINAnd Senate Bill No. 345 was read the third time in full. Senat>Beacham moved ati of HouseUpon the passage of Senate Bill No. 345 the roll was called until Monday, May 10,1943.sand the vote was: * Which was not agreed to.Yeas-Mr. President; Senators Adams, Baker, Barringer, h oue B N ro. 1

Beacham, Black, Brewton, Carroll, Clarke, Cliett, Coleman, Bill No. 11:Collins, Davis, Franklin, Graham, Griner, Hinely, Housholder, o e An Act prohibiting and making unlawfulJohnson, King, Lewis, Lindler, Maddox, Maines, Mathews, the practice of law in the State of Florida by anyone except

,McArthur, McKenzie, Perdue, Rose, Shands. Sheldon, Shuler, licensed, practicing attorneys; defining the practice of law-Sturgis, Taylor, Wilson-35. 'for the purpose of this Act; providing for the issuance of

4246) - . JOURNAL OF THE SENATE Ma3i7943

unctions to restrain violations of the provisions thereof; superseded, except that upon appeal the Supreme Court ofproviding that any violation of the provisions of this Act Florida may, within its discretion, enter an order of super-shall be a misdemeanor and punishment therefor; and repeal- sedeas'and fix the amount and terms of a supersedeas bond,ing all laws in conflict therewith. only after a hearing upon notice to the adverse party.

Was taken up in its order. Section 5 That all laws and parts of laws in conflict withSenator Franklin' moved that the rules be waived and the provisions of this act be and the same are hereby repealed,

House Bill No. 117 be read the second time by title only. except Section 39.03 of Florida Statutes 1941, relating to theWhich was agreed to by a two-thirds vote. practice of law in this State by out of state attorneys at lawAnd House Bill No. 117 was read the second time by title which shal remain in full force and effect.

only. Section 6. If any paragraph, sentence, clause, section orsub-section of this Act is declared invalid or unconstitu-The Committee on Judiciary "A" offered the following tional, it shall not affect any other part hereof.

Amendment to House Bill No. 117:(Typewritten bill): Strike out everything after the enact- Section 7. This Act shall take efect upon becoming a law."

ing clause and insert the following: By unanimous consent Senator Lewis, Chairman of theCommittee on Judiciary "A," withdrew the foregoing amend-"Section 1. The practice of law within the State of Florida mtt on Ji 117 withdrew th foregoing amend

is hereby defined as being any service, involving legal knowl-edge, whether of representation, counsel or advocacy, in or The Committee on Judiciary "A" also offered the followingout ot court, rendered in respect of the rights, duties, obliga- amendment to House Bill No. 117:tions, liabilities, or business relations of the one accepting Strike out everything after the enacting clause and insertthe service, irrespective of whether such service is rendered the following:for compensation or gratuitously, and shall include the fol- Section 1. The practice of law within the State of Floridalowing: is hereby defined as being any service. involving legal knowl-

The furnishing or giving of opinions to another as to the edg, whether of representation, counsel or advocacy, in orstatus of title to real or personal property; the drawing, out of Court, rendered in respect of the rights. duties, obliga-preparing or advising in relation to the .preparation of deeds, tions, liabilities, or business relations of the one accepting themortgages, releases, affidavits, contracts or other documents service, irrespective of whether such service is rendered, forwherein any legal rights are conveyed or released by one to compensation or gratuitously, and shall include the following:another or wherein any such rights are reserved; counselling The furnishing or giving of opinions to another as to theor advising clients or prospective clients on legal duties, status of title to real or personal property: the drawing, pre-rights or privileges or matters of procedure as to any litiga- paring or advising in relation to the preparation of deeds.tion or proposed litigation; the preparation of any pleadings mortgages, releases,, affidavits. contracts or other documentsto be filed in any court or before any board, commission or wherein any legal rights are conveyed or released by one tobureau within the State of Florida or appearing before any another or wherein any such rights are reserved; counsellingsuch court, board, commission or- bureau on behalf of any or advising clients or prospective clients on legal duties, rightsparty to a controversy pending before such tribunal; and any or privileges or matters of Drocedure as to any litigation orother act which the courts of record of this State may declare proposed litigation; the preparation of any pleadings to beto constitute the practice of law; provided, however, that filed in any court or before any board, commission or bureau

said definition shall not be construed to include: within the State of Florida or appearing before any suchCourt, board, commission or bureau on behalf of any party

(a) Any act done by any person for and on his own behalf; to a controversy pending before such tribunal; and any other(b) Any service before any court, board, commission or act which the Courts of Record of this State may declare to

bureau when such service does not embrace the preparation of constitute the practice of law: provided, however, that saidpleadings, or the interpretation of law, or the application of definition shall not be construed to include:law to facts; (a) Any act done by any person for and on his own behalf;

(c) The sale, writing or issuance of insurance policies; -(b) Any service before any Court. board, commission or'(d) The investigation, adjusmentand seo bureau when such service does not embrace the preparation

claims against any person, firm or corporation, by his, her, of law to facts;he nterpretor its employee thereunto duly authorized, when done at any ) The sale writing or issuance of insurance policies(c) The sale, writing or issuance of insurance policies: - ~time prior to. the actual institution of suit thereon;

tein, por iontuing tiatule tno ptittop f real ohren gua - C(d) The investigation adjustment and settlement of claims(e) The preparing of abstracts of title, certifying, guaran- against any person, firm or corporation, by his. her, or its 'teeing, or insuring titles to property, real or personal, or an employee thereunto duly authorized, when done at any timeinterest therein, or a lien or encumbrance thereon; prior to the actual institution of suit thereon;

(f) Any service performed before any Federal tribunal by (e) The preparing of abstracts of title, certifying, guaran-any person authorized by such tribunal to practice before it. teeing, or insuring titles to property, real or personal, or an

Section 2. No person other than one who has been or may interest therein, or a lien or encumbrance thereon;hereafter be duly licensed and admitted to practice law in the (f) An service performed before any Federal tribunal by.State of Florida in accordance with the provisions of law any person authorized by such tribunal to practice before it. shall do or perform any of the services defined as the practice Section 2. No person other than one who has been or maYof law in Section 1 of this Act. ' hereafter be duly licensed and admitted to practice law ma

the State of Florida in accordance with the provisions of lawSection 3 The doing or performing by any person other shall do or perform any of the services defined as the pracS

than one who is duly licensed and admitted to practice law tice of law in Section 1 of this Act.in the State of Florida, of any one of the acts by Section 1 Section 3. The doing or performing by any person otherhereof defined as constituting the practice of law, shall con- than one who is duly licensed and admitted to practice lastitute a separate offense; and each and every-person not so in the State of Florida, of any one of the Acts by Section 1licensed and admitted to practice law in this State who does hereof defined as constituting the practice of law. shall con -

or performs any one or more of the acts so defined as the stitute a separate offense; and each and every person not sopractice of law in the name of or on behalf of any person, licensed and admitted to practice law in this State whofirm, association or corporation, shall be guilty of a misde- does or performs any one or more of the acts so definedmeanor, and shall on conviction thereof be punished. as the practice of 'law in the name of or on behalf of any.

Section 4. The Circuit Court shall issue injunctions re- person, firm, association or corporation. shall be guilty of astraining violations of the provisions of this act. Such in- a fine of notmore than on e thousand dollars ($1,00.00)- orjunction suit may be brought by and in the name of any by imprisonment in the county jail of not more than tor wellicensed practicing attorney at law of the State of Florida, or months, or by both such fine and imprisonment. the Florida State Bar Association, or any local bar ssociation Section 4. The Circuit Court shall issue injunctions re-within the State of Florida. No injunction bond shall be re- straining violations of the provisions of this Act. Such inquired in any such suit. The order, decree or judgment of the junction suit may be brought by and in the name of aCircuit Court in such ipiuncton suit shall not be stayed or licensed practicing attorney at law of the State of Flord

Mai7S)1943 JOURNAL OF THE SENATE (Ijor the State Bar Association, or any local Bar Association Pending adoption of the foregoing amendment, Senator Rosewithin the State of Florida. No injunction bond shall be re- offered the following amendment to the amendment offeredquired in any such suit. The order, decree or judgment of the by the Committee on Judiciary "A" to House Bill No. 117:Circuit Court in such injunction suit shall not be stayed or In Section 1, line 33 (typewritten amendment). strike outsuperseded. except that upon appeal the Supreme Court of after the word thereon the semi-colon and add a comma inFlorida may. within its discretion, enter an order of super- lieu of said semi-colon and insert the following: Providedsedeas and fix the amount and terms of a supersedeas bond. further that any person, firm or corporation duly licensed asonly after a hearing upon notice to the adverse party. a real agent or broker in this State shall not be barred from

Section 5. That all laws and parts of laws in conflict preparing any contract, or agreement relating to the sale ofwith the provisions of this Act be and the same are hereby land duly listed for sale with said real estate agent or broker:repealed, except Section 39.03 of Florida Statutes, 1941, Senator Rose moved the adoption of the amendment trelating to the practice of law in this State by out of state the amendment. \attorneys at law which shall remain in full force and effect. / Pending adoption of the amendment offered by Senator \

Section 6. I. any paragraph, sentence, clause, section or / Rose to the amendment offered by the Committee on Judiciarysub-section of this Act is declared invalid or unconstitutional,. "A" to House Bill No. 117. jp" hour of adjournment having.it shall not affect any other part hereof. -Aived a point of order was called and the Senate stood

Section 7. This Act shall take effect upon becoming a law. adjourned at 12:00 o'clock, Noon. until 3:00 o'clock P. M.,senator Franklin moved the adoption of the amendment. Monday, May 10, 1943. /

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