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EXTRAORDINARY SESSION

JOURNAL OF THE SENATEWednesday, November 28, 1962

The Senate convened at 10:00 o'clock A.M., pursuant By Messrs. Horne and Mitchell of Leon-to adjournment on Tuesday, November 27, 1962. Also-

The President in the Chair. Page 52, column 2, line 17, strike the word "Okalosa"

The roll was called and the following Senators an- and insert in lieu thereof the following: Okaloosaswered to their names: And as further corrected was approved.Mr. President Edwards Johnson (6th) RobertsAskew Fraser Kelly Ryan The Senate daily Journal of Tuesday, November 27,Barron Friday McCarty Tucker 1962, was corrected as follows:Blank Galloway Mapoles WhitakerBoyd Gautier Mathews Williams (27th) Page 60, column 1, line 11, counting from the bottomBronson Gibson Melton Williams (4th) of the column, strike the figures "10.3" and insert inClarke Herrell Parrish Young lieu thereof the figures "10.03"Connor Hodges PearceCovington Johns Pope And as corrected was approved.Cross Johnson (19th) Price

Senator Hodges, Chairman of the Committee on Rules-37. and Calendar, moved that a Select Committee of six

members be appointed by the President, composed ofthree Senators from each side of the disagreements on

Senator Stratton was excused from attendance upon the question of reapportionment of representation in thethe Session or Sessions this day. Legislature, to meet in free conference in an effort to

agree upon a plan of reapportionment which might beThe following Prayer was offered by the Senate Chap- acceptable to the Senate, and to report its actions to the

lain, Reverend James H. Paddock: Body.

Our Father, Who art in heaven, hallowed be Thy Which was agreed to and the President appointed Sen-Name, Thy Kingdom come,, Thy will be done in earth as ators Mathews, Price, McCarty, Hodges, Johnson (6th)it is in heaven. and Melton as the Committee.

As our Senators seek a way out of these difficulties, Senator Hodges then moved that the Senate stand in-may theybe led by Thee. recess subject to call by the President to enable the

In the name of the Son of God. Amen. Committee to meet.

The reading of the Journal was dispensed with. Which was agreed to and the Senate recessed at 10:10

The Senate daily Journal of Wednesday, November 14, o'clock A.M1962, was further corrected as follows: The Senate was called to order by the President at

Page 13, column 1, line 19, strike the letters "cenvened" 12:39 o'clock P. M., and upon call of the roll the followingand insert in lieu thereof the following: convened Senators answered to their names:

Mr. President Edwards Johnson (6th) RobertsAlso- Askew Fraser Kelly Ryan

Barron Friday McCarty TuckerPage 14, column 2, line 18, counting from the bottom Blank Galloway Mapoles Whitaker

of the column, strike the word "providing" and insert in Boyd Gautier Mathews Williams (27th)lieu thereof: provided Bronson Gibson Melton Williams (4th)

Clarke Herrell Parrish YoungAnd as further corrected was approved. Connor Hodges Pearce

Covington Johns PopeThe Senate daily Journal of Tuesday, November 20, Cross Johnson (19th) Price

1962, was further corrected as follows: -37

Page 40, column 1, line 12, strike the word "is" and A quorum present.insert in lieu thereof the following: its

Senator Mathews, as Chairman of the Select CommitteeAnd as further corrected was approved. appointed on motion of Senator Hodges, reported that

the Committee had been unable to agree on a recommen-The Senate daily Journal of Wednesday, November 21, dation to the Senate and requested, on behalf of the

1962, was further corrected as follows: Committee, additional time for conference.

Page 46, column 2, counting from the bottom of the Senator Hodges moved that the Senate stand in recesscolumn, strike lines 8 and 9 and insert in lieu thereof until 2:00 o'clock P. M., this day in order to allow thethe following: Boyd and Knowles of Manatee, Land of Select Committee additional time to meet.Orange, and Cleveland of Seminole-

Which was agreed to.Page 49, column 1, counting from the bottom of the

column, strike line 12 and insert in lieu thereof the fol- Thereupon the Senate stood in recess at 12:40 o'clocklowing: P. M.

63

64 JOURNAL OF THE SENATE November 28, 1962

AFTERNOON SESSION And Senate Bill No. 28-XX(62) was read the secondtime by title only.

The Senate reconvened at 2:00 o'clock P.M., pursuant By leave of the Senate, Senator Johnson (6th), asto recess order. By leave of the Senate, Senator Johnson (6th), as

Chairman of the Committee on Apportionment, withdrewThe President in the Chair. the amendments reported by the Committee on Appor-

tionment to Senate Bill No. 28-XX(62).The roll was called and the following Senators an-

swered to their names: Senator Mathews offered the following amendment toSenate Bill No. 28-XX (62)'

Mr. President Edwards Johnson (6th) RobertsAskew Fraser Kelly Ryan Strike all after the enacting clause and insert in lieuBarron Friday McCarty Tucker thereof the following:Blank Galloway Mapoles WhitakerBoyd Gautier Mathews Williams (27th) Section 1. Section 10.01, Florida Statutes, is amendedBronson Gibson Melton Williams (4th) to read:Clarke Herrell Parrish YoungConnor Hodges Pearce 10.01 Division of state into senatorial districts; ap-Covington Johns Pope portionment of senate, etc.-Cross Johnson (19th) Price

-37. (1) The representation in the senate of the Florida3.* legislature shall consist of forty-two (42) members, each

A quorum present. representing a district. The state shall be divided intoforty-two (42) senatorial districts. If by this reappor-

Senator Mathews moved that the Senate stand in re- tionment the district of a member of the Senate whosecess subject to the call of the President. term of office expires with the general election of No-

vember 1964 shall be abolished, or the number of hisWhich was agreed to. district relocated outside of said present district, then

Thereupon the Senate stood in recess at 2:06 o'clock such member shall continue as a senator for the countyP. M. of his residence during the remainder of his term and

shall have an equal vote with any other senator andThe Senate was called to order by the President at the number of his senatorial district shall be indicated

2:57 o'clock P. M., and upon call of the roll the following by adding the letter X after the number of the districtSenators answered to their names: to which he was elected even though it increases the

maximum number of members herein provided for.Mr. President Edwards Johnson (6th) RobertsAskew Fraser Kelly Ryan No county shall be divided in creating a district. EveryBarron Friday McCarty Tucker district shall consist of contiguous counties.Blank Galloway' Mapoles WhitakerHoyd Gautier Mathews Williams (27th)Bronon Gibson Melton Williams (2th) (2) Pursuant to this act forty-two (42) senatorial

Clarke Herrell Parrish Youn g districts shall be constituted as follows:Clarke Herrell Parrish YoungConnor Hodges Pearce First district-Santa Rosa countyCovington Johns PopeCross Johnson (19th) Price Second district-Escambia county

-'37. Third district-Walton county, Holmes county and

A quorum present. Washington county

The Select Committee appointed on motion of Senator Fourth district-Jackson county and Calhoun countyHodges to make a recommendation to the Senate regard- Fifth district-Wakulla county, Liberty county, Gulfing a possible solution to the problem of reapportionment county and Franklin countyappeared at the Bar of the Senate and verbally recom-mended through its Chairman, Senator Mathews, that Sixth district-Gadsden countythe Senate take up and consider Senate Bill No. 28-XX-(62) in order that certain amendments could be offered Seventh district-Polk countyto the Bill which, in the opinion of the Committee, might Eighth district-Leon countyrender Senate Bill No. 28-XX(62) acceptable to theSenate. Ninth district-Hernando county, Sumter county and

Citrus countySenator Mathews moved the adoption of the foregoing

report of the Select Committee. Tenth district-Taylor county and Madison county andJefferson county

The motion was agreed to and the report was adopted.Eleventh district-Pinellas county

Pursuant to the report of the Select Committee-Twelfth district-St. Lucie county

S. B. No. 28-XX(62)- A Bill to be entitled An Actproviding for the apportionment of the membership of Thirteenth district-Dade countythe Senate of the Legislature of the State of Florida into Fourteenth district-Columbia countyforty-five (45) Districts; amending Sections 10.01 and10.03, and adding Section 10.04, Florida Statutes; pro- Fifteenth district-Bradford county, Clay county andviding for an election; providing for filling vacancies; Union countyproviding effective date.

Sixteenth district-Nassau county and Baker countyWas taken up.

Seventeenth district-Hamilton county, SuwanneeSenator Mathews moved that the rules be waived and county and Lafayette county

Senate Bill No. 28-XX(62) be read the second time bytitle only. Eighteenth district-Duval county

Which was agreed to by a two-thirds vote. Nineteenth district-Orange county

November 28, 1962 JOURNAL OF THE SENATE 65

Twentieth district-Marion county the representation as required by this article, the gov-Twe..nty-first . county, Ly c y ad ernor shall call the legislature together in extraordinary

Twenty-first district-Dixie county, Levy county and session to consider the question of reapportionment, andGilchrist county such extraordinary session shall mandatorily be required

Twenty-second district-Sarasota county to reapportion its membership before adjournment, andsuch extraordinary session so called shall not expire un-

Twenty-third district-Lake county til reapportionment is effected and shall consider no busi-ness other than reapportionment.

Twenty-fourth district-Lee county and Collier county

Twenty-fifth district-Bay county Section 3. It is declared to be the legislative intentthat, if any section, subsection, sentence, clause, or pro-

Twenty-sixth district-Putnam county vision of this act is held invalid, the remainder of theact shall not be affected.

Twenty-seventh district-Hardee county, Desoto coun-ty and Charlotte county Section 4. This act shall take effect immediately upon

Twenty-eighth district-Volusia county the ratification of an amendment to Article VII of theConstitution as presented by the legislature in extraor-

Twenty-ninth district-Indian River county dinary session called by proclamation of the Governorto convene on November 9, 1962.

Thirtieth district-Broward countyThirtieth* ds.t .rict- ard county ,Senator Mathews moved the adoption of the amend-

Thirty-first district-St. Johns county and Flagler mentcounty

Pending consideration of the foregoing amendmentThirty-second district-Alachua county offered by Senator Mathews to Senate Bill No. 28-XX-Thirty-third district-Osceola county, Okeechobee (62), Senator Herrell offered the following amendment

county and Martin county to the amendment offered by Senator Mathews:

Thirty-fourth district-Hillsborough county In Section 1, line 7, page 1, after the words: "rep-resenting a district." insert the following: , and in ad-

Thirty-fifth district-Palm Beach county dition thereto each district whose population accordingto the latest federal decennial census exceeds five hun-

Thirty-sixth district-Manatee county dred thousand (500,000) shall have two (2) senators,Thirty-seventh district-Brevard county and each district whose population exceeds one million

(1,000,000) shall have three (3) senators.Thirty-eighth district-Pasco county Senator Herrell moved the adoption of the amendmentThirty-ninth district-Glades county, Hendry county to the amendment.

and Highlands countyA roll call was demanded and upon call of the roll

Fortieth district-Okaloosa county the vote was:

Forty-first district-Monroe county Yeas-26.

Forty-second district-Seminole county Mr. President Fraser Kelly RyanAskew Galloway McCarty Tucker

Section 2. Section 10.04, Florida Statutes, is added to Blank Gibson Mapoles Williams (27th)read: Bronson Herrell Mathews Williams (4th)

Clarke Hodges Melton Young10.04 Legislative apportionment.- Connor Johns Pearce

Covington Johnson (19th) Roberts(1) The 1963 legislature shall be composed of the

legislators elected pursuant to the Constitution of 1885, Nays-11.as amended, and of the additional legislators as provided Barron Edwards Johnson (6th) Pricefor herein. Any representative or senator elected in the Boyd Friday Parrish Whitaker1962 general election pursuant to the Constitution of Cross Gautier Pope1885, as amended, shall serve in said office for the termfor which he was elected, and any senator now serving So the amendment to the amendment was adopted.shall complete his term to which he was elected. The The question recurred on the adoption of the amend-additional legislative offices herein created shall be filled ment offered by Senator Mathews to Senate Bill No.by and at a special election to be held in the affected 28-XX62), as amended.counties or districts, as provided by law. Such electionshall be held within one hundred and twenty (120) days A roll call was demanded and upon call of the rollafter the effective date hereof. The senators elected from the vote was:the new even numbered districts shall be elected for aterm of four (4) years and the new senators elected Yeas-26.from the odd numbered districts shall be elected for a Mr. President Fraser Johnson (6th) Robertsterm of two (2) years; thereafter all senators shall be Askew Friday McCarty Ryanelected for four (4) year terms. The apportionment herein Barron Galloway Mapoles Tuckerprovided is based on the U. S. decennial census of 1960. Bronson Gibson Mathews Williams (27th)

Clarke Herrell Melton Williams (4th)(2) The legislature shall reapportion its representa- Connor Hodges Pearce

tion in accordance with this article at the first regular Covington Johns Popesession of the legislature after the next U. S. decennialcensus and at the first regular session of the legislature Nays11.after each succeeding U. S. decennial census and such Blank Edwards Kelly Whitakerreapportionment shall be based upon the latest preced- Boyd Gautier Parrish Younging U. S. decennial census. Cross Johnson (19th) Price

In the event the legislature shall fail to reapportion So the amendment, as amended, was adopted.


Senator Mathews also offered the following amend- (62) and Senate Joint Resolution No. 27-XX(62) werement to Senate Bill No. 28-XX(62): taken up in their order and the consideration thereof

In Title, line 5, strike the words and figure "forty-five was temporarily deferred.(45)" and insert in lieu thereof the following: forty-two Senator Cross moved that Senate Bill No. 7-XX(62)(42) be placed back on second reading for the purpose of

Senator Mathews moved the adoption of the amend- urther amendment.ment. A roll call was demanded and upon call of the roll

Which was agreed to and the amendment was adopted.

Senator Mathews also offered the following amendment Yeas-33.to Senate Bill No. 28-XX (62): Mr. President Cross Johnson (19th) Pope

Askew Edwards Johnson (6th) PriceIn Title, lines 6 and 7, page 1, strike the words and Barron Fraser Kelly Ryan

numerals: Blank Friday McCarty WhitakerBoyd Galloway Mapoles Williams (4th)

"Sections 10.01 and 10.03, and" and insert in lieu thereof Bronson Gautier Mathews Youngthe following: Section 10.01, Clarke Gibson Melton

Connor Herrell ParrishSenator Mathews moved the adoption of the amendment. Covington Hodges Pearce

Which was agreed to and the amendment was adopted. Nays-4.

Senator Mathews moved that the rules be further Johns Roberts Tucker Williams (27th)waived and Senate Bill No. 28-XX(62), as amended, be So Senate Bill No. 7-XX(62) was ordered placed backread the third time in full and put upon its passage. on senate B -XX(62) was ordered placed backon second reading.

Which was agreed to by a two-thirds vote. Senator Mathews requested unanimous consent of theAnd Senate Bill No. 28-XX(62), as amended, was read Senate to take up and consider Senate Joint Resolution

the third time in full. No. 27-XX(62), out of its order.

Upon the passage of Senate Bill No. 28-XX(62), as Unanimous consent was granted, and-amended, the roll was called and the vote was: Senate Joint Resolution No. 27-XX(62)-Senate Joint Resolution No. 27-XX(62)-

Yeas-25. ^A JOINT RESOLUTION PROPOSING AN AMEND-Mr. President Fraser Johnson (6th) Roberts MENT TO ARTICLE VII OF THE CONSTITUTIONAskew Friday McCarty Tucker OF THE STATE OF FLORIDA, PROVIDING FOR AP-Barron Galloway Mapoles Williams (27th) PORTIONMENT OF THE FLORIDA LEGISLATURE;Bronson Gibson Mathews Williams (4th) PROVIDING FOR A STATE CENSUS AND SPECIALClarke Herrell Melton ELECTIONS.Connor Hodges PearceCovington Johns Pope WHEREAS, the Legislature of the state of Florida has

Nays-12. determined that an emergency requiring an early decisionby the electors of the state exists, and

Blank Edwards Kelly RyanBoyd Gautier Parrish Whitaker WHEREAS, an amendment to the Constitution dealingCross Johnson (19th) Price Young with the matter of reapportionment of representation in

the Legislature should be submitted to the electors of theSo Senate Bill No. 28-XX(62) passed, as amended, and state of Florida at the earliest possible time, NOW,

was referred to the Secretary of the Senate as Ex Officio THEREFOREEngrossing Clerk, for engrossing.

Engrossing Clerk, for engrossing. BE IT RESOLVED BY THE LEGISLATURE OF THEMESSAGE FROM THE GOVERNOR STATE OF FLORIDA:

The following message from the Governor was re- That the following amendment of Article VII of theceived: Constitution of Florida is agreed to and shall be submit-

STATE OF FLORIDA ted to the electors of this state for ratification or rejec-OFFICE OF THE GOVERNOR tion at a special emergency election to be held for such

TALLAHASSEE purpose.

November 28, 1962 That three-fourths (3/4) of all members elected to eachThe Honorable Wilson Carraway house of the Legislature does determine that an emer-President of the Senate gency requiring an early decision by the electors of theThe Capitol state does exist with reference to this amendment toTallahassee, Florida Article VII of the Constitution.

Dear Mr. President: ARTICLE VII

I have the honor to inform you that I have today trans- APPORTIONMENT AND CENSUSmitted to the Secretary of State Senate Concurrent Res-olution No. 37-XX which requests me to return to the Section 1. Composition of the legislature.-The legis-Senate S. B. No. 17-XX. lature of the state of Florida shall consist of a senate

Sincerely and a house of representatives. Members of the senateFARRIS BRYANT shall be elected for a term of four (4) years and membersGovernor of the house shall be elected for a term of two (2) years.

The term of members of the legislature shall expire on theORDER OF THE DAY first Tuesday after the first Monday in November in each

regular election year. Members of the senate and houseSenate Concurrent Resolution No. 29-XX(62), Senate of representatives shall be elected as provided by law.

Bill No. 7-XX(62), Senate Joint Resolution No. 3-XX- Any county hereafter created shall have one (1) member


of the house of representatives until the next apportion- election to be held in the affected counties or districts,ment by the legislature, at which time such county shall as provided by law. The senators elected from the newbe allocated such representation as is provided for herein. even numbered districts shall be elected for a term ofAny county hereafter created having a population in ex- four (4) years and the new senators elected from the oddcess of two hundred thousand (200,000) at the time of its numbered districts shall be elected for a term of two (2)creation shall have one (1) senator which shall be in years; thereafter all senators shall be elected for fouraddition to the total number of senators otherwise pro- (4) year terms.vided for herein, and upon such happening the totalnumber of senatorial districts otherwise provided for The legislature shall reapportion its representation inherein shall be correspondingly increased by one (1). accordance with this article at the first regular session

of the legislature after the next federal decennial censusSection 2. House of representatives.-Representation and at the first regular session of the legislature after

in the house of representatives of the Florida legislature each succeeding federal decennial census and such re-shall be apportioned among the several counties of the apportionment shall be based upon the latest precedingstate according to population based upon a percentage federal decennial census.which the total ratio population of the respective countybears to the total population of the state according to In the event the legislature shall fail to reapportionthe latest federal decennial census; subject to the follow- the repesentation as required by this article the gover-ing limitations and formula to wit: Each county shall nor shall call the legislature together in extraordinaryhave one (1) representative; each county having a popu- session to consider the question of reapportionment, andlation in excess of forty thousand (40,000) shall have two such extraordinary session shall mandatorily be required(2) representatives and all other counties shall have oneto reapportion its membership before adjournment, and(1) additional representative for each whole one per cent such extraordinary session so called shall not expire(1%), above the first two per cent (2%), based upon its until reapportionment is effected and shall consider nototal population ratio to the total state population. Thebusiness other than reapportionment.house membership shall not be less than one hundred Section 5. State census-The legislature shall no(100) and not more than one hundred and sixty-six (166) longer be required to provide for an enumeration of the

The 1963 house of representatives shall be composed inhabitants of the state. The last preceding federal de-of the representatives elected pursuant to the Constitution cennial census beginning with the federal census of 1960of 1885, as amended, and of the additional representatives shall also be the state census and shall control in allas provided for herein. population acts and constitutional apportionments unless

otherwise ordered by the legislature.Section 3. Senate.-The legislature shall divide the

state into forty-five (45) senatorial districts, each of Section 6. If any part of this joint resolution is de-which shall be represented in the senate by one (1) mem- clared unconstitutional or null and void then the entireber, and in addition thereto, each district having a popu- resolution shall be null, void and inoperative.lation of more than twelve per cent (12%) of the total Was taken up and read the second time in full.population of the state according to the latest precedingfederal decennial census, shall have one (1) additional By leave of the Senate, Senator Johnson (6th), asmember. Twenty-three (23) districts shall consist of the Chairman of the Committee on Apportionment, withdrewtwenty-three (23) most populous counties according to the amendment reported by the Committee on Apportion-the latest federal decennial census. Twenty-two (22) ment to Senate Joint Resolution No. 27-XX(62).districts shall be created from the remaining forty-four(44) counties of the state with the view of effecting as Senator Mathews offered the following amendment toequitable representation as practical, with due regard Senate Joint Resolution No. 27-XX(62):for geographical area, economic interest and populationfeasibility; provided, however, that until their terms of Strke all after the resolving clause and insert in lieuoffice expire at the general election of November, 1964, hereof the followingany senator whose district has been abolished shall con- That the following amendment of Article VII of thetinue to hold office as senator for the county of his resi- Constitution of Florida is agreed to and shall be sub-dence even though by so doing the total number of mem- mitted to the electors of this state for ratification orbers may exceed forty-six (46). rejection at a special called election as provided by Arti-

No county shall be divided in creating a district, except cle XVII, Section 3 of the State Constitution:in a county having two (2) senators under the preceding Section 1. Composition of the legislature.-The legis-paragraph the legislature may divide the county into two lature of the State of Florida shall consist of a senate(2) groups for qualifying purposes, with election to be and a house of representatives. Members of the senatecounty-wide. No county shall be separated from the re- shall be elected for a term of four (4) years and mem-mainder of the district of which it is part by more than bers of the house shall be elected for a term of two (2)a county which was formerly a part of the same districtyears. The term of members of the legislature shall ex-in 1961. pire on the first Tuesday after the first Monday in No-

Section 4. Legislative apportionment.-The 1963 legis- vember in each regular election year. Members of thelature shall be composed of the legislators elected pur- senate and house of representatives shall be elected assuant to the constitution of 1885, as amended, and of the provided by law. Any new county that may be createdadditional legislators as provided for herein. If this shall be entitled to one (1) member in the house ofarticle is ratified at a special election called for such representatives in excess of any limit prescribed in thepurpose, the legislature shall be apportioned according following sections of this article until the next reappor-to apportionment bills passed at the extraordinary session tionment and the county shall be assigned when createdof the legislature called by proclamation of the governor to a senatorial district as determined by the legislature.to convene on November 9, 1962, provided nothing in thisamendment shall prohibit any representative or senator Section 2. House of representatives.-Representationelected in the 1962 general election pursuant to the consti- in the house of representatives of the Florida legislaturetution of 1885, as amended, from serving in said office for shall be apportioned among the several counties of thethe term for which he was elected, nor shall this amend- state as follows: Three (3) representatives to each ofment prohibit a senator now serving from completing his the five (5) most populous counties; two (2) representa-term to which he was elected and the additional legisla- tives to each of the next eighteen (18) most populousfive offices herein created shall be filled by and at a special counties and one (1) representative to each of the re-


maining counties of the state at the time of such ap- Which was agreed to and the amendment to the amend-portionment. ment was adopted.

Section 3. Senate.-The legislature shall divide the Senator Mathews offered the following further amend-state into forty-two (42) senatorial districts, each of ment to the original amendment to Senate Joint Reso-which shall be represented in the senate by one (1) lution No. 27-XX(62):member. Twenty-one (21) districts shall consist of thetwenty-one (21) most populous counties according to the In Seetion 3, lines 4 and 5, page 2, strike the wordslatest federal decennial census. Twenty-one (21) dis- and fige: "twent-one (21)" and insert in lieu thereoftricts shall be created from the remaining forty-six (46) the flowing: nineteen (19)counties of the state with the view of effecting equitable Senator Mathews moved the adoption of the amend-representation. ment to the amendment.

No county shall be divided in creating a district. Every Which was agreed to and the amendment to the amend-district shall consist of contiguous counties. ment was adopted.

Section 4. The 1963 legislature shall be composed of Senator Mathews also offered the following furtherthe legislators elected pursuant to the constitution of amendment to the original amendment to Senate Joint1885, as amended, and of the additional legislators as Resolution No. 27-XX(62):provided for herein. If this article is ratified, the legis-lature shall be apportioned according to legislation In Section 3, line 6, page 2, strike the word and figure:passed at the extraordinary session convened November "Twenty-one (21)" and insert in lieu thereof the follow-9, 1962, called for that purpose. Nothing in this amending: Twenty-three (23)ment shall prohibit any senator elected in the 1962 gen- Senator Mathews moved the adoption of the amend-eral election pursuant to the constitution of 1885, as ment to the amendment.amended, from serving in such office for which he waselected, and the additional legislative offices created Which was agreed to and the amendment to the amend-herein shall be filled by and at a special election to be ment was adopted.held in the affected counties or districts as provided bylaw. The senators elected from the new even numbered Senator Mathews also offered the following furtherdistricts shall be elected for a term of four (4) years amendment to the original amendment to Senate Jointand the new senators elected from the odd numbered Resolution No. 27-XX(62):districts shall be elected for a term of two (2) years. In Section 3, line 7, page 2, strike the word and figure:Thereafter all senators shall be elected for four (4) "forty-six (46)" and insert in lieu thereof the following:year terms. forty-eight (48)

The legislature shall reapportion its representation in Senator Mathews moved the adoption of the amend-accordance with this article at the 1971 regular session ment to the amendment.of the legislature and every ten (10) years thereafterbased upon the preceding latest federal decennial census. Which was agreed to and the amendment to the amend-

ment was adopted.In the event the legislature shall fail to reapportion The question recurred on the adoption of the original

the representation as required by this article, the gov- amendment, as amended offered by Senator Mathews toernor shall call the legislature together in extraordinary enate Joint as amended offered by Senator Mathews tosession to consider the question of reapportionment, andsuch extraordinary session shall mandatorily be required Which was agreed to and the amendment, as amended,to reapportion its membership before adjournment, and was adopted.such extraordinary session so called shall not expire un-til reapportionment is effected and shall consider no busi- Senator Mathews moved that the rules be waived andness other than reapportionment. Senate Joint Resolution No. 27-XX(62), as amended, be

read the third time in full and put upon its passage.Section 5. State census.-The legislature shall no

longer be required to provide for an enumeration of the Whlch was areed to b a two-thirds vote.inhabitants of the state. The last preceding decennial And Senate Joint Resolution No. 27-XX(62), as amend-federal census beginning with the federal decennial cen- ed, was read the third time in full as follows:sus of 1960 shall also be the state census and shallcontrol in all population acts and constitutional appor- Senate Joint Resolution No. 27-XX(62)-tionments, unless otherwise ordered by the legislature. A JOINT RESOLUTION PROPOSING AN AMEND-

Senator Mathews moved the adoption of the amend- MENT TO ARTICLE VII OF THE CONSTITUTIONment. OF THE STATE OF FLORIDA, PROVIDING FOR

APPORTIONMENT OF THE FLORIDA LEGISLA-Pending consideration of the foregoing amendment of- TURE; PROVIDING FOR A STATE CENSUS AND

fered by Senator Mathews to Senate Joint Resolution No. SPECIAL ELECTIONS.27-XX(62), Senator Herrell offered the following amend- WHEREAS, the Legislature of the state of Florida hasment to the amendment offered by Senator Mathews: determined that an emergency requiring an early deci-

In Section 3, line 4, page 2, after the figure and word: sion by the electors of the state exists, and"(1) member" strike the period and insert the following: WHEREAS, an amendment to the Constitution dealing

, . -~.,. .~~ou lation. .* with the matter of reapportionment of representation inand in addition thereto each district whose population the Legislature should be submitted to the electors ofaccording to the latest federal decennial census exceeds the state of Florida at the earliest possible time, NOWfive hundred thousand (500,000) shall have two (2) sen- THEREFOREators, and each district whose population exceeds onemillion (1,000,000) shall have three (3) senators. BE IT RESOLVED BY THE LEGISLATURE OF THE

Senator Herrell moved the adoption of the amendmentto the amendment. That the following amendment of Article VII of the


Constitution of Florida is agreed to and shall be sub- such extraordinary session so called shall not expire untilmitted to the electors of this state for ratification or reapportionment is effected and shall consider no busi-rejection at a special called election as provided by Art- ness other than reapportionment.icle XVII, Section 3 of the State Constitution:

Section 5. State census.-The legislature shall noSection 1. Composition of the legislature.-The legis- longer be required to provide for an enumeration of the

lature of the State of Florida shall consist of a senate inhabitants of the state. The last preceding decennialand a house of representatives. Members of the senate federal census beginning with the federal decennial cen-shall be elected for a term of four (4) years and members sus of 1960 shall also be the state census and shall controlof the house shall be elected for a term of two (2) in all population acts and constitutional apportionments,years. The term of members of the legislature shall ex- unless otherwise ordered by the legislature.pire on the first Tuesday after the first Monday in No-vember in each regular election year. Members of the Upon the passage of Senate Joint Resolution No. 27-senate and house of representatives shall be elected as XX(62), as amended, the roll was called and the voteprovided by law. Any new county that may be created was:shall be entitled to one (1) member in the house of rep- y 23resentatives in excess of any limit prescribed in thefollowing sections of this article until the next reappor- Mr. President Fraser Johns Popetionment and the county shall be assigned when created Barron Friday Johnson (6th) Robertsto a senatorial district as determined by the legislature. Bronson Galloway Mapoles Tucker

Clarke Gibson Mathews Williams (27th)Section 2. House of representatives.-Representation Connor Herrell Melton Williams (4th)

in the house of representatives of the Florida legislature Covington Hodges Pearceshall be apportioned among the several counties of the Nstate as follows: Three (3) representatives to each of ays4.the five (5) most populous counties; two (2) representa- Askew Edwards McCarty Whitakertives to each of the next eighteen (18) most populous Blank Gautier Parrish Youngcounties and one (1) representative to each of the re- Boyd Johnson (19th) Pricemaining counties of the state at the time of such ap- Cross Kelly Ryanportionment.

*portonment. So Senate Joint Resolution No. 27-XX(62), as amended,Section 3. Senate.-The legislature shall divide the failed to receive the required Constitutional three-fourths

state into forty-two (42) senatorial districts, each of vote of all members elected to the Senate for the 1962which shall be represented in the senate by one (1) Extraordinary Session of the Florida Legislature and,member and in addition thereto each district whose pop- therefore, failed to pass.ulation according to the latest federal decennial censusexceeds five hundred thousand (500,000) shall have two Senator Mathews moved th he Senate stand in re-(2) senators, and each district whose population exceeds cess subject to the call of the President.one million (1,000,000) shall have three (3) senators. Which was agreed to.Nineteen (19) districts shall consist of the nineteen (19)most populous counties according to the latest federal Thereupon the Senate stood in recess at 3:53 o'clockdecennial census. Twenty-three (23) districts shall be p. Mcreated from the remaining forty-eight (48) counties ofthe state with the view of effecting equitable represen- The Senate was called to order by the President attation. 4:28 o'clock P. M., and upon call of the roll the following

No county shall be divided in creating a district. Every Senators answered to their names:district shall consist of contiguous counties. Mr. President Edwards Johnson (6th) Roberts

Section 4. The 1963 legislature shall be composed of Askew Fraser Kelly Ryan.- , . * i j. lj- j.j j- . . Barron Friday McCarty Tuckerthe legislators elected pursuant to the constitution of Blank Galloway Mapoles Whitaker1885, as amended, and of the additional legislators as Boyd Gautier Mathews Williams (27th)provided for herein. If this article is ratified, the legis- Bronson Gibson Melton Williams (4th)lature shall be apportioned according to legislation Clarke Herrell Parrish Youngpassed at the extraordinary session convened November Connor Hodges Pearce9, 1962, called for that purpose. Nothing in this amend- Covington Johns Popement shall prohibit any senator elected in the 1962 gen- Cross Johnson (19th) Priceeral election pursuant to the constitution of 1885, as 37amended, from serving in such office for which he waselected, and the additional legislative offices created here- A quorum present.in shall be filled by and at a special election to be heldin the affected counties or districts as provided by law. Senator Pope moved that the rules be waived and theThe senators elected from the new even numbered dis- hour of adjournment of this Session be extended to 12:00tricts shall be elected for a term of four (4) years and o'clock, Midnight.the new senators elected from the odd numbered dis-tricts shall be elected for a term of two (2) years. There- Which was agreed to by a two-thirds vote and it wasafter all senators shall be elected for four (4) year terms. so ordered.

The legislature shall reapportion its representation in Senator Mathews moved that the Senate stand in re-accordance with this article at the 1971 regular session cess subject to the call of the President.of the legislature and every ten (10) years thereafterbased upon the preceding latest federal decennial census. Which was agreed to.

In the event the legislature shall fail to reapportion Thereupon the Senate stood in recess at 4:29 o'clockthe representation as required by this article, the gov- p Mernor shall call the legislature together in extraordinarysession to consider the question of reapportionment, and The Senate was called to order by the President atsuch extraordinary session shall mandatorily be required 4:43 o'clock P. M., and upon call of the roll the followingto reapportion its membership before adjournment, and Senators answered to their names:


Mr. President Edwards Johnson (6th) Roberts WHEREAS, the Legislature of the state of Florida hasAskew Fraser Kelly Ryan determined that an emergency requiring an early deci-Barron Friday McCarty Tucker sion by the electors of the state exists, andBlank Galloway Mapoles WhitakerBoyd Gautier Mathews Williams (27th) WHEREAS, an amendment to the Constitution dealingBronson Gibson Melton Williams (4th) with the matter of reapportionment of representation inClarke Herrell Parrish Young the Legislature should be submitted to the voters of the

Covington Johns Popearce state of Florida at the earliest possible time, NOW,Cross Johnson (19th) Price THEREFORE,

-37. Be It Resolved By The Legislature of The State of Florida:

A quorum present. That the following amendment of Article VII of the

Senator Mathews moved that the Senate revert to the Constitution of Florida is agreed to and shall be sub-consideration of messages from the House of Represen- mitted to the electors of this state for ratification ortatives. rejection at a special called election as provided by

Article XVII, Section 3 of the state Constitution:

Which was agreed to by a two-thirds vote and it was That three-fourths of all members elected to each houseof the legislature does determine that an emergency re-

MESSAGES FROM THE HOUSE quiring an early decision by the electors of the stateOF REPRESENTATIVES does exist with reference to this amendment to Article

VII of the Constitution.The following messages from the House of Represen-

tatives were received and read: Section 1. Composition of the legislature.-The legis-lature of the state of Florida shall consist of a senate

Tallahassee, Florida and a house of representatives. Members of the senateNovember 27, 1962 shall be elected for a term of four (4) years and mem-

The Honorable Wilson Carraway bers of the house shall be elected for a term of two (2)President of the Senate years. The term of members of the legislature shall ex-^eSir:ntj -pire on the first Tuesday after the first Monday inSir: November in each regular election year. Members of the

I am directed by the House of Representatives to in- senate and house of representatives shall be elected asform the Senate that the House of Representatives re- provided by law. Any county hereafter created shall havequests the return of- one (1) member of the house of representatives until

the next apportionment by the legislature, at which timeBy Senators Johnson (6th) and Williams (4th)- such county shall be allocated such representation as is

S. B. No. 17-XX(62)- A Bill to be entitled A Act provided for herein. Any county hereafter created having

providing for the apportionment of the membership of a population in excreation shall hundred thoune (200,000)) senatorthe Senate of the Legislature of the State of Florida into which shall be i addition to the total number of sena-forty-five (45) districts; amending Section 10.01, adding tr otherwise provided for herein, and upon such hap-Section 10.04, Florida Statutes; providing for an electors otherwise provided for herein, and upon such hap-Section 10.04, Florida Statutes; providing for an elec- pening the total number of senatorial districts otherwisetion; providing for filling vacancies; providing effective prided for herein shall be correspondingly increaseddate. by one (1).

and respectfully requests the concurrence of the-and threspectfully requests the concurrence of the Section 2. Representation in the House of Represen-enate Respectfully tatives. The House of Representatives shall consist of

LAMAR BLEDSOE 114 members which shall be apportioned by the legisla-

Chief Clerk, House of Rep re among the counties as follows: The most populouscounty shall have 8 representatives. The second most

Senator Johnson (6th) moved that the request of the populous county shall have 6 representatives. The nextHouse of Representatives, as contained in the foregoing three (3) most populous counties shall have 5 represen-message, be granted. tatives each. The next five (5) most populous counties

shall have 3 representatives each. The next 13 mostWhich was agreed to and Senate Bill No. 17-XX(62) populous counties shall have 2 representatives each.

was ordered returned to the House of Representatives. Each of the remaining counties shall have one (1) rep-

Tallahassee, Florida resentative; provided, however, that until the generalNovember 28, 1962 election in 1964 no county shall have fewer representa-

tives than it would have been entitled to under the Con-The Honorable Wilson Carraway stitution of 1885, as amended in 1924.President of the Senate

Section 3. Senate.-The legislature shall divide theSir: state into forty-two (42) senatorial districts, each of

I am directed by the House of Representatives to inwhich shall be represented in the senate by one (1)form the Senate that the House of Representatives has member. These districts shall be created with the viewpassed by the required Constitutional three-fourths vote of effecting as equitable representation as practical,of all Members elected to the House of Representatives, with due regard for geographical area, economic interestas required by Article XVII, Section 3 of the Constitu- and population feasibility; provided, however, that untiltion of Florida their terms of office expire at the general election of

November, 1964, any senator whose district has beenBy Messrs. Boyd of Manatee and O'Neill and Chappell abolished shall continue to hold office as senator for the

of Marion- county of his residence even though by so doing thetotal number of members may exceed forty-two (42).

H. J. R. No. 46-XX-A Joint Resolution proposing anamendment to Article VII of the Constitution of the No county shall be divided in creating a district andState of Florida, providing for apportionment of the no county shall be separated from the remainder of theFlorida Legislature; providing for a state census and district of which it is a part by more than a countyspecial election. which was formerly a part of the same district in 1961.


Section 4. Legislative apportionment.-The 1963 leg-islature shall be composed of the legislators elected pur- So Senate Bill No. 7-XX(62) was withdrawn from thesuant to 'the Constitution of 1885, as amended, and of further consideration of the Senate.the additional legislators as provided for herein. If this The Senate resumed the consideration of the Order ofarticle is ratified at a special election called for such th Day.purpose, the legislature shall be apportioned accordingto apportionment bills passed at the extraordinary ses- CONSIDERATION OF SENATE RESOLUTIONSsion of the legislature called by proclamation of thegovernor to convene on November 9, 1962, provided noth- Senate Concurrent Resolution No. 29-XX(62) wasing in this amendment shall prohibit any representative taken up in ts order and the consideration thereof wasor senator elected in the 1962 general election pursuant temporarily deferred.to the Constitution of 1885, as amended, from serving CONSIDERATION OF BILLS AND JOINTin said office for the term for which he was elected, nor RESOLUTIONS ON SECOND READINGshall this amendment prohibit a senator now servingfrom completing his term to which he was elected and By leave of the Senate, Senator Herrell withdrew Sen-the additional legislative offices herein created shall be ate Joint Resolution No. 3-XX(62) from the further con-filled by and at a special election to be held in the af- sideration of the Senate.fected counties or districts, as provided by law. The sen-ators elected from the new even numbered districts shall House Joint Resolution No. 41-XX was taken up inbe elected for a term of four (4) years and the new its order and the consideration thereof was temporarilysenators elected from the odd numbered districts shall deferred.be elected for a term of two (2) years; thereafter all Senator Mathews moved that the Senate stand in re-senators shall be elected for four (4) year terms. cess subject to the call of the President.

The legislature shall reapportion its representation in Which was a reed toaccordance with this article at the first regular sessionof the legislature after the next federal decennial census Thereupon the Senate stood in recess at 4:54 o'clockand at the first regular session of the legislature after P. M.each succeeding federal decennial census and such re-apportionment shall be based upon the latest preceding The Senate was called to order by the President atfederal decennial census. In the event the legislature 5:47 o'clock P. M., and upon call of the roll the followingshall fail to reapportion the representation as required Senators answered to their names:by this article, the governor shall call the legislature Mr. President Edwards Johnson (6th) Robertstogether in extraordinary session to consider the ques- Askew Fraser Kelly Ryantion of reapportionment, and such extraordinary session Barron Friday McCarty Tuckershall mandatorily be required to reapportion its mem- Blank Galloway Mapoles Whitakerbership before adjournment, and such extraordinary ses- Boyd Gautier Mathews Williams (27th)sion so called shall not expire until reapportionment is Bronson Gibson Melton Williams (4th)effected and shall consider no business other than re- Clarke Herrell Parrish Youngapportionment. Connor Hodges Pearceapportionment. Covington Johns Pope

Section 5. State census.-The legislature shall no Cross Johnson (19th) Pricelonger be required to provide for an enumeration of the -37inhabitants of the state. The last preceding decennialfederal census beginning with the federal census of 1960 A quorum present.shall also be the state census and shall control in allpopulation acts and constitutional apportionments un- Senator Johnson (6th) moved that the rules be waivedless otherwise ordered by the legislature. and House Joint Resolution No. 46-XX be withdrawn

from the Committee on Apportionment and placed on the-and respectfully requests the concurrence of the Sen- Calendar of Bills and Joint Resolutions on Second Reading.ate therein.

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

Chief Clerk, House of Representatives Senator Mathews requested unanimous consent of theAnd House Joint Resolution No. 46-XX, contained in Senate to take up and consider House Joint Resolution

the above message, was read the first time in full and No. 46-XX, out of its order.referred to the Committee on Apportionment. Unanimous consent was granted, and-Unanimous consent was granted, and-

Senator Herrell requested leave of the Senate to with-draw Senate Bill No. 7-XX(62) from the further con- H. J- R. No 46-XX-A Joint Resolution proposing ansideration of the Senate. amendment to Article VII of the Constitution of the

State of Florida, providing for apportionment of theThe question was put on the request. Florida Legislature; providing for a state census andA roll call was demanded and upon call of the roll special election.

the vote was: WHEREAS, the Legislature of the state of Florida hasYeas-35. determined that an emergency requiring an early deci-

Mr. President Fraser Johnson (6th) Price sion by the electors of the state exists, and

TAskew Fridoay Klarty Roberts WHEREAS, an amendment to the Constitution dealingBronson Gautier Mapoles Tucker with the matter of reapportionment of representation inClarke Gibson Mathews Whitaker the Legislature should be submitted to the voters of theConnor Herrell Melton Williams (27th) state of Florida at the earliest possible time, NOW,Covington Hodges Parrish Williams (4th) THEREFORE,Cross Johns Pearce YoungEdwards Johnson (19th) Pope Be It Resolved By The Legislature of The State of Florida:

Nays-2. That the following amendment of Article VII of theBarron Blank Constitution of Florida is agreed to and shall be sub-


mitted to the electors of this state for ratification or in said office for the term for which he was elected, norrejection at a special called election as provided by shall this amendment prohibit a senator now servingArticle XVII, Section 3 of the state Constitution: from completing his term to which he was elected and

the additional legislative offices herein created shall beThat three-fourths of all members elected to each house filled by and at a special election to be held in the af-

of the legislature does determine that an emergency re- fected counties or districts, as provided by law. The sen-quiring an early decision by the electors of the state ators elected from the new even numbered districts shalldoes exist with reference to this amendment to Article be elected for a term of four (4) years and the newVII of the Constitution. senators elected from the odd numbered districts shall

Section 1. Composition of the legislature.-The legis- be elected for a term of two (2) years; thereafter alllature of the state of Florida shall consist of a senate senators shall be elected for four (4) year terms.and a house of representatives. Members of the senate The legislature shall reapportion its representation inshall be elected for a term of four (4) years and mem- accordance with this article at the first regular sessionbers of the house shall be elected for a term of two (2) of the legislature after the next federal decennial censusyears. The term of members of the legislature shall ex- and at the first regular session of the legislature afterpire on the first Tuesday after the first Monday in each succeeding federal decennial census and such re-November in each regular election year. Members of the apportionment shall be based upon the latest precedingsenate and house of representatives shall be elected as federal decennial census. In the event the legislatureprovided by law. Any county hereafter created shall have shall fail to reapportion the representation as requiredone (1) member of the house of representatives until by this article, the governor shall call the legislaturethe next apportionment by the legislature, at which time together in extraordinary session to consider the ques-such county shall be allocated such representation as is tion of reapportionment, and such extraordinary sessionprovided for herein. Any county hereafter created having shall mandatorily be required to reapportion its mem-a population in excess of two hundred thousand (200,000) bership before adjournment, and such extraordinary ses-at the time of its creation shall have one (1) senator sion so called shall not expire until reapportionment iswhich shall be in addition to the total number of sena- effected and shall consider no business other than re-tors otherwise provided for herein, and upon such hap- apportionment.pening the total number of senatorial districts otherwiseprovided for herein shall be correspondingly increased Section 5. State census.-The legislature shall noby one (1). longer be required to provide for an enumeration of the

inhabitants of the state. The last preceding decennialSection 2. Representation in the House of Represen- federal census beginning with the federal census of 1960

itatives. The House of Representatives shall consist of shall also be the state census and shall control in all114 members which shall be apportioned by the legisla- population acts and constitutional apportionments un-ture among the counties as follows: The most populous less otherwise ordered by the legislature.county shall have 8 representatives. The second mostpopulous county shall have 6 representatives. The next Was taken up and read the second time in full.three (3) most populous counties shall have 5 represen-tatives each. The next five (5) most populous counties Senator Mathews offered the following amendment toshall have 3 representatives each. The next 13 mostHouse Joint Resolution No. 46-XX:populous counties shall have 2 representatives each. In Section 3, line 4, page 2, following "member." insertEach of the remaining counties shall have one (1) rep- the following: Nineteen (19) districts shall consist ofresentative; provided, however, that until the general the nineteen (19) most populous counties according toelection in 1964 no county shall have fewer representa- the latest federal decennial census. Twenty-three (23)tives than it would have been entitled to under the Con- districts shall be created from the remaining forty-eightstitution of 1885, as amended in 1924. (48) counties of the state.

Section 3. Senate.-The legislature shall divide the Senator Mathews moved the adoption of the amend-state into forty-two (42) senatorial districts, each of ment.which shall be represented in the senate by one (1)member. These districts shall be created with the view Which was agreed to and the amendment wasof effecting as equitable representation as practical, adopted.with due regard for geographical area, economic interestand population feasibility; provided, however, that until Senator Mathes also offered the following amend-their terms of office expire at the general election ofment to House Joint Resolution No. 46-XX:November, 1964, any senator whose district has been Strike out Section 2 and insert in lieu thereof the fol-abolished shall continue to hold office as senator for the lowing:county of his residence even though by so doing thetotal number of members may exceed forty-two (42). Section 2. House of representatives.-Representation

in the house of representatives of the Florida legislatureNo county shall be divided in creating a district and shall be apportioned among the several counties of the

no county shall be separated from the remainder of the state according to population based upon a percentagedistrict of which it is a part by more than a county which the total ratio population of the respective countywhich was formerly a part of the same district in 1961. bears to the total population of the state according to

the latest federal decennial census.Section 4. Legislative apportionment. The 1963 leg-

islature shall be composed of the legislators elected pur- Each county shall have one (1) representative for eachsuant to the Constitution of 1885, as amended, and of fraction of one per cent (1%) and an additional repre-the additional legislators as provided for herein. If this sentative for each whole per cent based upon its totalarticle is ratified at a special election called for such population ratio to the total state population. The housepurpose, the legislature shall be apportioned according membership shall not be less than one hundred (100)to apportionment bills passed at the extraordinary ses- and not more than one hundred sixty-six (166).sion of the legislature called by proclamation of thegovernor to convene on November 9, 1962, provided noth- Senator Mathews moved the adoption of the amend-ing in this amendment shall prohibit any representative ment.or senator elected in the 1962 general election pursuantto the Constitution of 1885, as amended, from serving Which was agreed to and the amendment was adopted.


Senator Mathews moved that the rules be waived and teen (19) most populous counties according to the latestHouse Joint Resolution No. 46-XX, as amended, be read federal decennial census. Twenty-three (23) districtsthe third time in full and put upon its passage. shall be created from the remaining forty-eight (48)

counties of the state. These districts shall be created withWhich was agreed to by a two-thirds vote. the view of effecting as equitable representation as prac-And House Joint Resolution No. 46-XX, as amended, tical, with due regard for geographical area, economic

was read the third time in full, as follows: interest and population feasibility; provided, however,that until their terms of office expire at the general elec-

H. J. R. No. 46-XX-A Joint Resolution proposing an tion of November, 1964, any senator whose district hasamendment to Article VII of the Constitution of the been abolished shall continue to hold office as senator forState of Florida, providing for apportionment of the the county of his residence even though by so doing theFlorida Legislature; providing for a state census and total number of members may exceed forty-two (42).special election. No county shall be divided in creating a district and

WHEREAS, the Legislature of the state of Florida has no county shall be separated from the remainder of thedetermined that an emergency requiring an early deci- district of which it is a part by more than a countysion by the electors of the state exists, and which was formerly a part of the same district in 1961.

WHEREAS, an amendment to the Constitution dealing Section 4. Legislative apportionment.-The 1963 leg-with the matter of reapportionment of representation in islature shall be composed of the legislators elected pur-the Legislature should be submitted to the voters of the suant to the Constitution of 1885, as amended, and ofstate of Florida at the earliest possible time, NOW, the additional legislators as provided for herein. If thisTHEREFORE ' article is ratified at a special election called for such

purpose, the legislature shall be apportioned accordingBe It Resolved By The Legislature of The State of Florida: to apportionment bills passed at the extraordinary ses-

sion of the legislature called by proclamation of theThat the following amendment of Article VII of the governor to convene on November 9, 1962, provided noth-

Constitution of Florida is agreed to and shall be sub- ing in this amendment shall prohibit any representativemitted to the electors of this state for ratification or or senator elected in the 1962 general election pursuantrejection at a special called election as provided by to the Constitution of 1885, as amended, from servingArticle XVII, Section 3 of the state Constitution: in said office for the term for which he was elected, nor

That three-fourths of all members elected to each house shall this amendment prohibit a senator now servingof the legislature does determine that an emergency re- from completing his term to which he was elected andquiring an early decision by the electors of the state the additional legislative offices herein created shall bedoes exist with reference to this amendment to Article filled by and at a special election to be held in the af-VII of the Constitution. fected counties or districts, as provided by law. The sen-

ators elected from the new even numbered districts shallSection 1. Composition of the legislature.-The legis- be elected for a term of four (4) years and the new

lature of the state of Florida shall consist of a senate senators elected from the odd numbered districts shalland a house of representatives. Members of the senate be elected for a term of two (2) years; thereafter allshall be elected for a term of four (4) years and mem- senators shall be elected for four (4) year terms.bers of the house shall be elected for a term of two (2) Tyears. The term of members of the legislature shall ex- The legislature shall reapportion its representation inpire on the first Tuesday after the first Monday in accordance with this article at the first regular sessionNovember in each regular election year. Members of the of the legislature after the next federal decennial censussenate and house of representatives shall be elected as and at the first regular session of the legislature afterprovided by law. Any county hereafter created shall have each succeeding federal decennial census and such re-one (1) member of the house of representatives until apportionment shall be based upon the latest precedingthe next apportionment by the legislature, at which time federal decennial census. In the event the legislaturesuch county shall be allocated such representation as is shall fail to reapportion the representation as requiredprovided for herein. Any county hereafter created having by this article, the governor shall call the legislaturea population in excess of two hundred thousand (200,000) together in extraordinary session to consider the ques-at the time of its creation shall have one (1) senator tion of reapportionment, and such extraordinary sessionwhich shall be in addition to the total number of sena- shall mandatorily be required to reapportion its mem-tors otherwise provided for herein, and upon such hap- bership before adjournment, and such extraordinary ses-pening the total number of senatorial districts otherwise sion so called shall not expire until reapportionment isprovided for herein shall be correspondingly increased effected and shall consider no business other than re-by one (1). apportionment.

Section 2. House of representatives.-Representation Section 5. State census.-The legislature shall noin the house of representatives of the Florida legislature longer be required to provide for an enumeration of theshall be apportioned among the several counties of the state. The last preceding decennialstate according to population based upon a percentage federal census beginning with the federal census of 1960which the total ratio population of the respective county shall also be the state census and shall control in allbears to the total population of the state according to the population acts and constitutional apportionments un-latest federal decennial census. less otherwise ordered by the legislature.

Each county shall have one (1) representative for eah Upon the passage of House Joint Resolution No. 46-frEachtion o af one a ent (1%) aorn sn hadtienl rearoh XX, as amended, the roll was called and the vote was:fraction of one per cent (1%) and an additional repre-

sentative for each whole per cent based upon its total Yeas-32.population ratio to the total state population. The housemembership shall not be less than one hundred (100) and Mr. President Cross Johns Pearcenot more than one hundred sixty-six (166)Askew Edwards Johnson (19th) Popenot m a uBarron Fraser Johnson (6th) Price

Section 3. Senate.-The legislature shall divide the Bronson Galloway Mapoles erstate into forty-two (42) senatorial districts, each of Clarke Gautier Mathews Whitakerwhich shall be represented in the senate by one (1) Connor Gibson Melton Williams (27th)member. Nineteen (19) districts shall consist of the nine- Covington Hodges Parrish Williams (4th)


Nays-5. Senate Bill No. 38-XX(62) be read the second time in

Blank Kelly Ryan Young full.Herrell Which was agreed to by a two-thirds vote.

So House Joint Resolution No. 46-XX passed, as And Senate Bill No. 38-XX(62) was read the secondamended, by the required Constitutional three-fourths time in full.vote of all members elected to the Senate for the 1962Extraordinary Session of the Florida Legislature, and Senator Mathews moved that the rules be furtherthe action of the Senate was ordered certified to the waived and Senate, Bill No. 38-XX(62) be read the thirdHouse of Representatives immediately. time in full and put upon its passage.

Senator Mathews moved that the Senate stand in re- Which was agreed to by a two-thirds vote.cess subject to the call of the President. And Senate Bill No. 38-XX(62) was read the third

Which was agreed to. time in full.

Thereupon the Senate stood in recess at 6:03 o'clock Upon the passage of Senate Bill No. 38-XX(62) theP. M. roll was called and the vote was:

The Senate was called to order by the President at Yeas-32.6:21 o'clock P. M., and upon call of the roll the following Mr. President Cross Johns PearceSenators answered to their names: Askew Edwards Johnson (19th) Pope

Mr. President Edwards Johnson (6th) Roberts Barron Fraser Johnson (6th) PriceAskew Fraser Kelly Ryan Boyd Friday McCarty RobertsBarron Friday McCarty Tucker Bronson Galloway Mapoles TuckerBlank Galloway Mapoles Whitaker Clarke Gautier Mathews WhitakerBoyd Gautier Mathews Williams (27th) Connor Gibson Melton Williams (27th)Bronson Gibson Melton Williams (4th) Covington Hodges Parrish Williams (4th)Clarke Herrell Parrish Young Nays-5Connor Hodges PearceCovington Johns Pope Blank Kelly Ryan YoungCross Johnson (19th) Price Herrell

-37. So Senate Bill No. 38-XX(62) passed, title as stated,A quorum present. and the action of the Senate was ordered certified to

the House of Representatives immediately.Senator Mathews moved that the Senate revert to the Senator Johnson (6th) moved that Senate Bill No. 28-

Introduction of Resolutions, Memorials, Bills and Joinit Senator Johnson (6th) moved that Senate Bill No. 28-Introduction of Reso lutions, Memorials, Bills and Joint XX(62) be recalled from the Secretary of the Senate as

Ex Officio Engrossing Clerk of the Senate.Which was agreed to by a two-thirds vote and it was Which was agreed to and it was so ordered.

so ordered.

INTRODUCTION OF RESOLUTIONS, MEMO- Senator Johnson (6th) moved that the Senate do nowRIALS, BILLS AND JOINT RESOLUTIONS reconsider the vote by which Senate Bill No. 28-XX(62),

as amended, passed the Senate, this day.3y Senators Mathews and Johnson (6th)- j.. .By Senators Mathews and Johnson (6th)- The President put the question: "Will the Senate re-S. B. No. 38-XX(62)- A Bill to be entitled An Act consider the vote by which Senate Bill No. 28-XX(62),

providing for the apportionment of the membership of as amended, passed the Senate, this day?"the Senate of the Legislature of the State of Florida Which was agreed to by a two-thirds vote, so the Sen-into forty-two (42) districts; amending Section 10.01, ate reconsidered to by whirds vote so the Sen-adding Section 10.04, Florida Statutes; providing for an ate reconsidered the vote by which Senate Bill No. 28-election; providing for filling vacancies; providing ef-XX(62), as amended, passed the Senate, this day.fective date. The question recurred on the passage of Senate Bill

Which was read the first time by title only. No. 28-XX(62), as amended.

Senator Mathews moved that the rules be waived and Pending roll call on the passage of Senate Bill No.Senate Bill No. 38-XX(62) be placed on the Calendar of 28-XX(62), as amended, Senator Johnson (6th) movedBills on Second Reading, without reference. that the further consideration thereof be deferred.

Which was agreed to by a two-thirds vote and it was Which was agreed to and it was so ordered.so ordered. Senator Hodges moved that the Senate stand in recess

Senator Mathews requested unanimous consent of the until 8:00 o'clock P. M.Senate to take up and consider Senate Bill No. 38-XX Which was agreed to.(62), out of its order.

Thereupon the Senate stood in recess at 6:32 o'clockUnanimous consent was granted, and- P. M.

S. B. No. 38-XX(62)- A Bill to be entitled An Act The Senate was called to order by the President atproviding for the apportionment of the membership of o c P . ad uo c ofte rol the President atthe Senate of the Legislature of the State of Floridainto forty-two (42) districts; amending Section 10.01,Senators answered to their names:adding Section 10.04, Florida Statutes; providing for an Mr. President Connor Gautier Kellyelection; providing for filling vacancies; providing ef- Askew Covington Gibson McCartyfective date. Barron Cross Herrell Mapoles

Blank Edwards Hodges MathewsWas taken up. Boyd Fraser Johns Melton

Bronson Friday Johnson (19th) ParrishSenator Mathews moved that the rules be waived and Clarke Galloway Johnson (6th) Pearce


Pope Ryan Williams (27th) Young Senator Mathews moved that the request of the HousePrice Tucker Williams (4th) of Representatives for the appointment of a ConferenceRoberts Whitaker Committee, as contained in the foregoing message, be

37 granted.

A quorum present. Which was agreed to.

Senator Hodges moved that the Senate revert to the The President appointed Senators Hodges, Mathewsconsideration of messages from the House of Represen- and Pope as the committee on the part of the Senatetatives. to confer with the like committee appointed on the part

of the House of Representatives to adjust the differencesWhich was agreed to by a two-thirds vote and it was existing between the Senate and the House of Represen-

so ordered. tatives on the Senate Amendments to House Joint Reso-

MESSAGE FROM THE HOUSE lution No. 46-XX.OF REPRESENTATIVES Senator Johns moved that a Committee be appointed

to escort Mr. Broward Williams to the rostrum of theThe following message from the House of Represen- eort Mr Broward Williams to the rostrum of thetatives was received and read:

Tallahassee, Florida Which was agreed to and the President appointed Sen-November 28, 1962 ators Johns, Johnson (19th) and Fraser as the Committee.

The Honorable Wilson Carraway And Mr. Williams was escorted to the rostrum wherePresident of the Senate he was presented with a certified copy of Senate Reso-Sir: lution No. 36-XX(62), unanimously adopted by the Sen-

ate on November 26, 1962, commemorating his years ofI am directed by the House of Representatives to in- faithful service to the State of Florida in the Office of

form the Senate that the House of Representatives has the State Treasurer and Insurance Commissioner.refused to concur in Senate Amendments No. 1 and No. Senator Hodges moved that the Senate stand in recess2 to- subject to the call of the President.

By Messrs. Boyd of Manatee and O'Neill and Chappell Which was agreed to.of Marion-H. J. R. No. 46-XX-A Joint Resolution proposing an Thereupon the Senate stood in recess at 8:10 o'clock

amendment to Article VII of the Constitution of the P. M.State of Florida, providing for apportionment of the The Senate was called to order by the President atFlorida Legislature; providing for a state census and 11:28 o'clock P. M., and upon call of the roll the followingspecial election. Senators answered to their names:

Which amendments read a~s follows: Mr. President Edwards Johnson (6th) RobertsAmendment No. 1- Askew Fraser Kelly Ryan

Barron Friday McCarty TuckerIn Section 3, line 4, page 2, following "member." insert Blank Galloway Mapoles Whitaker

the following: Nineteen (19) districts shall consist of Boyd Gautier Mathews Williams (27th)the nineteen (19) most populous counties according to Bronson Gibson Melton Williams (4th)the latest federal decennial census. Twenty-three (23) Clarke Herrell Parrish Youngdistricts shall be created from the remaining forty-eight Connor Hodges Pearce(48) counties of the state. Covington Johns PopeCross Johnson (19th) Price

Amendment No. 2- -37.

Strike out Section 2 and insert in lieu thereof the following:following: A quorum present.

Section 2. House of representatives.-Representation By permission the following report of the Conferencein the house of representatives of the Florida legislature Committee appointed to adjust the differences existingshall be apportioned among the several counties of the between the two Bodies on the Senate Amendments tostate according to population based upon a percentage House Joint Resolution No. 46-XX was received and read:which the total ratio population of the respective county November 28 1962bears to the total population of the state according to The Honorable Wilson Carrawaythe latest federal decennial census. President of the n Carraway

President of the SenateEach county shall have (1) representative for each Tallahassee, Florida

fraction of one per cent (1%) and an additional repre-sentative for each whole per cent based upon its total The Honorable Mallory E. Homepopulation ratio to the total state population. The house Speaker of the House f Representativesmembership shall not be less than one hundred (100) Tallahassee, Floridaand not more than one hundred sixty-six (166). Sirs:

-and respectfully requests the President of the Senate Your Conference Committee appointed to adjust the dif-to appoint a Conference Committee of three members of ferences between the two Houses on Senate Amendmentsthe Senate to confer with a like committee of the House to H. J. R. No. 46-XX respectfully reports that it isto adjust the differences existing between the two Bodies unable to agree on any compromise of their differences.on Senate Amendments to House Joint Resolution No.46-XX. The Speaker of the House has appointed as aRespectfully submitted,Conference Committee on the part of the House Messrs. VERLE A. POPE HAL CHAIRESSweeny of Volusia, Stone of Escambia, and Chaires of RANDOLPH HODGES GEORGE STONEDixie. JOHN E. MATHEWS JAMES SWEENY

Respectfully, Conferees on the Conferees on theLAMAR BLEDSOE part of the Senate part of the House

...... Chief Clerk, House of Representatives of Representatives


Whereupon the Conferees on the part of the Senate tatives. The House of Representatives shall consist ofwere discharged. 114 members which shall be apportioned by the legisla-

The Senate resumed the consideration of messagesture among the counties as follows The most populousfrom the House of Representcativdes. r county shall have 8 representatives. The second most

populous county shall have 6 representatives. The nextThe following message from the House of Represen- three (3) most populous counties shall have 5 represen-

tatives was received and read: tatives each. The next five (5) most populous countiesTallahassee, Florida shall have 3 representatives each. The next 13 mostNovember 28, 1962 populous counties shall have 2 representatives each.

Each of the remaining counties shall have one (1) rep-The Honorable Wilson Carraway resentative; provided, however, that until the generalPresident of the Senate election in 1964 no county shall have fewer representa-Sir: tives than it would have been entitled to under the Con-

stitution of 1885, as amended in 1924.I am directed by the House of Representatives to in- Section 3. Senate.-The legislature shall divide the

form the Senate that the House of Representatives has Section 3 Senate.- The legislature shall divide theamended Senate Amendments No. 1 and No. 2 and has state into forty-two (42) senatorial districts, each ofconcurred in Senate Amendment No. 1, as amended by thewhich shall be represented in the senate by one (1)House, and Senate Amendment No. 2, as amended by the member. These districts shall be created with the viewHouse, by the required Constitutional three-fourths vote of effecting as equitable representation as practical,of all Members elected to the House of Representatives, with due regard for geographical area, economic interestto- and population feasibility; provided, however, that until

their terms of office expire at the general election ofBy Messrs. Boyd of Manatee and O'Neill and Chappell November, 1964, any senator whose district has been

of Marion abolished shall continue to hold office as senator for thecounty of his residence even though by so doing the

H. J. R. No. 46-XX-A Joint Resolution proposing an total number of members may exceed forty-two (42).amendment to Article VII of the Constitution of theState of Florida, providing for apportionment of the No county shall be divided in creating a district andFlorida Legislature; providing for a state census and no county shall be separated from the remainder of thespecial election. district of which it is a part by more than a countyWHEREAS, the Legislature of th-e state of Florida has which was formerly a part of the same district in 1961.WHEREAS, the Legislature of the state of Florida has

determined that an emergency requiring an early deci- Section 4. Legislative apportionment.-The 1963 leg-sion by the electors of the state exists, and islature shall be composed of the legislators elected pur-

WHEREAS, an amendment to the Constitution dealing suant to the Constitution of 1885, as amended, and ofwith the matter of reapportionment of representation in the additional legislators as provided for herein. If thisthe Legislature should be submitted to the voters of the article is ratified at a special election called for suchstate of Florida at the earliest possible time, NOW, purpose, the legislature shall be apportioned accordingTHEREFORE, 'to apportionment bills passed at the extraordinary ses-

sion of the legislature called by proclamation of theBe It Resolved By The Legislature of The State of Florida: governor to convene on November 9, 1962, provided noth-

ing in this amendment shall prohibit any representativeThat the following amendment of Article VII of the or senator elected in the 1962 general election pursuant

Constitution of Florida is agreed to and shall be sub- to the Constitution of 1885, as amended, from servingmitted to the electors of this state for ratification or in said office for the term for which he was elected, norrejection at a special called election as provided by shall this amendment prohibit a senator now servingArticle XVII, Section 3 of the state Constitution: from completing his term to which he was elected and

That three-fourths of all members elected to each house the additional legislative offices herein created shall beof the legislature does determine that an emergency re- filled by and at a special election to be held in the af-quiring an early decision by the electors of the state fected counties or districts, as provided by law. The sen-does exist with reference to this amendment to Article ators elected from the new even numbered districts shallVII of the Constitution. be elected for a term of four (4) years and the new

senators elected from the odd numbered districts shallSection 1. Composition of the legislature.-The legis- be elected for a term of two (2) years; thereafter all

lature of the state of Florida shall consist of a senate senators shall be elected for four (4) year terms.and a house of representatives. Members of the senate

shall be elected for a term of four (4) years and mem senate The legislature shall reapportion its representation inshall be elected for a term of ftwoour (4) years and mem- accordance with this article at the first regular session

bers of the house shall be elected for a term of two (2) of theyears. The term of members of the legislature shall ex- of the legislature after the next federal decennial censuspire on the first Tuesday after the first Monday in andt the first reular session of the legislature afterNovember in each regular election year. Members of the each succeeding federal decennial census and such re-senate and house of representatives shall be elected as apportionment shall be based upon the latest precedingprovided by law. Any county hereafter created shall have federal decennial census In the event the legislatureone (1) member of the house of representatives until shall fail to reapportion the representation as requiredthe next apportionment by the legislature, at which time ths thhe governor shall call the legislaturesuch county shall be allocated such representation as istogther in extraordinary session to consider the ques-provided for herein. Any county hereafter created having tlon of reapportionment and such extraordinary sessiona population in excess of two hundred thousand (200,000)shall mandatorily be required to reapportion its mem-at the time of its creation shall have one (1) senator bership before adjournment, and such extraordinary ses-which shall be in addition to the total number of sena- slon so called shall not expire until reapportionment istors otherwise provided for herein, and upon such hap-effected and shall consider no business other than re-pening the total number of senatorial districts otherwise apportionment.provided for herein shall be correspondingly increased Section 5. State census.-The legislature shall noby one (1). longer be required to provide for an enumeration of the

inhabitants of the state. The last preceding decennialSection 2. Representation in the House of Represen- federal census beginning with the federal census of 1960


shall also be the state census and shall control in all four (4) representatives each. The next two most populouspopulation acts and constitutional apportionments un- counties shall have three (3) representatives each. Theless otherwise ordered by the legislature. next twelve counties shall have (2) representatives each.

Each of the remaining counties shall have (1) representa-Which Senate Amendment No. 1 reads as follows: tive. Provided, however, the first House of Representatives

In Section 3, line 4, page 2, following "member." insert convening in regular session following the ratification ofthe following: Nineteen (19) districts shall consist of this amendment, shall consist of those representativesthe nineteen (19) most populous counties according to elected pursuant to the Constitution of 1885, as amended,the latest federal decennial census. Twenty-three (23) and of such additional representatives as may be pro-districts shall be created from the remaining forty-eight vlded for herein when duly elected."(48) counties of the state. -and respectfully requests the concurrence of the Senate-and which House Amendment to Senate Amendment therein.No. 1 reads as follows: Respectfully,

LAMAR BLEDSOEStrike out the period at the end thereof and add the Chief Clerk, House of Representatives

following: ", provided however, each district whose pop-ulation according to the latest federal decennial census Senator Mathews moved that the Senate refuse to con-exceeds five hundred thousand (500,000) shall have two cur in the House Amendments to Senate Amendments(2) members, and each district whose population exceeds Nos. 1 and 2 to House Joint Resolution No. 46-XX, andone million (1,000,000) shall have three (3) members." that the House of Representatives be respectfully re-

quested to recede from its amendments and concur inWhich Senate Amendment No. 2 reads as follows: the Senate amendments.

Strike out Section 2 and insert in lieu thereof the The motion was agreed to and the action of the Senatefollowing: was ordered certified to the House of Representatives

Section 2. House of representatives.-Representation immediately.in the house of representatives of the Florida legislature Senator Hodges moved that the Senate stand in recessshall be apportioned among the several counties of the subject to the call of the President.state according to population based upon a percentagewhich the total ratio population of the respective county Which was agreed to.bears to the total population of the state according to Thereupon the Senate stood in recess at 11:36 o'clockthe latest federal decennial census. P. M.

Each county shall have one (1) representative for eachtfraction of one per cent (1%) and an additional repre- 11:59 o'clock P. M., and upon call of the roll the followingsentative for each whole per cent based upon its totaltentative for each whole per cent based upon its total 11'59 o 'clock P.M., and upon call of the roll the following

population ratio to the total state population. The house Senators answered to their names:membership shall not be less than one hundred (100) Mr. President Edwards Johnson (6th) Robertsand not more than one hundred sixty-six (166). Askew Fraser Kelly Ryan

Barron Friday McCarty Tucker-and which House Amendment to Senate Amendment Blank Galloway Mapoles WhitakerNo. 2 reads as follows: Boyd Gautier Mathews Williams (27th)

3ronson Gibson Melton Williams (4th)Strike out Section 2 and insert the following in lieu Clarke Herrell Parrish Young

thereof: Connor Hodges PearceCovington Johns Pope

"Section 2. Representation in the house of representa- Cross Johnson (19th) Pricetives.-The House of Representatives shall consist of onehundred twenty (120) members to be apportioned among 37the counties as follows: The most populous county shall A quorum present.have nine (9) representatives. The second most populouscounty shall have six (6) representatives. The next three The hour of 12:00 o'clock, Midnight, having arrived,most populous counties shall have five (5) representatives the President sounded the gavel and declared the Senateeach. The next four most populous counties shall have in 1962 Extraordinary Session adjourned sine die.


CERTIFICATETHIS IS TO CERTIFY that, as Secretary of the Senate

of the State of Florida, at the Extraordinary Session of theLegislature of said State, November 9, 1962 to November28, 1962, both dates inclusive, I have duly performed andcompleted the duties assigned me.

I FURTHER CERTIFY that, the foregoing pages num-bered from 1 to 77, both inclusive, are and constitute acomplete, true and correct journal and record of the

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