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Full text of "Florida Statutes 1963, Volume 1"

TABLE OF SECTION CHANGES MADE IN THE FLORIDA STATUTES 

AS AMENDED, REPEALED, TRANSFERRED OR ADDED BY 

THE 1963 LEGISLATURE 



Key: "A" indicates sections amended; 
"J" indicates sections transferred; 



"R" indicates sections repealed; 
"N" indicates sections added. 



Section No. 




Chapter No. 


Statutes 


Key 


1963 Law 


1.01(9) 


A 


63-572 


7.22 


A 


63-200 


7.26 


A 


63-200 


7J26 


A 


63-391 


7.43, 7.47 


A 


63-200 


7.60 


A 


63-200 


7.501 


N 


63-200 


11.01 


A 


63-400 


11.031(4) 


R 


63-572 


11.11 


A 


63-232 


11.13(2), (3) 


A 


63-400 


11.15(7) 


N 


63-293 


11.151 


N 


63-328 


11.17 


A 


63-232 


11.18 


a 


63-232 


11.21(5) 


A 


63-400 


11.22(1), (2) 


A 


63-400 


13.01(3) 


A 


63-400 


13.08(7) 


A 


63-400 


13.24 


A 


63-400 


13.63(2) 


A 


63-400 


13.75 


R 


63-39 


13.76 


N 


63-492 


14.20 


A 


63-400 


16.19, 16.20 


A 


63-2 


16.22-16.24 


A 


63-2 


16.44(5) (C) 


R 


63-517 


16.44(9) 


A 


63-517 


16.46(2) 


A 


63-517 


16.501(1), (2) 


A 


63-517 


16.61 


A 


63-400 


17.15 


R 


63-400 


18.10(4) 


N 


63-114 


•19.13 


R 


63-294 


•19.15-19.18 


R 


63-294 


•19.20, »19.21 


R 


63-294 


•19.24 


R 


63-294 


21.19(8) 


A 


63-536 


25.072 


N 


63-33 


25.073 


N 


63-538 


25.811, 25.381 


A 


63-570 


25.391, 26.401 


R 


63-570 


26.011(3) 


A 


63-400 


•26.16(1) 


A 


63-470 


•26.162 


N 


63-470 


26.36 


A 


63-435 


•26.36 


A 


63-470 


•26.362 


N 


63-470 


26.43 


A 


63-572 


26.47 


A 


63-400 


26.47 


A 


63-572 


26.52 


A 


63-400 


27.07 


R 


63-572 


27.20 


A 


63-439 


27.271(4) 


A 


63-400 


27.32 


N 


63-516 


27.33 


N 


63-440 


27.50-27.54 


N 


63-409 


27.55, 27.56 


N 


63-410 


27.57, 27.58 


N 


63-409 


28.24 


A 


63-45 


28.241(1) 


A 


63-47 


28.241(5) 


A 


63-43 


29.04(1) 


A 


63-400 


29.10 


A 


63-394 


30.231 


N 


63-41 


30.31(1) 


A 


63-170 


32.06 


R 


63-572 


33.01 


A 


63-4 


33.11 


A 


63-559 


33.12 


R 


63-559 


34.01(5) 


R 


63-559 


34.041(2) 


A 


63-559 


84.17 


R 


63-559 


34.21 Reenacted 


63-572 


34.23 


N 


63-266 


35.17 


R 


63-570 


36.06 


A 


63-400 


36.06 


A 


63-572 


37.04 


R 


63-572 


38.02, 38.05 


A 


63-559 


38.07 


A 


63-572 


38.08 


A 


63-559 


38.09 


A 


63-572 


39.02(1) 


A 


63-12 


39.11, 39.12 


A 


63-449 


39.14 


A 


63-559 



Section No. 
Statutes 

40.11 

40.13 

42.04 

43.01 

43.011-43.014 

43.02 

43.08, 43.09 

43.11 

43.13 

44.01-44.11 

46.01 

47.33 

49.01 

49.04 

49.06 

55.611 

56.05(2) 

65.08 

72.07, 72.09 

72.091 

72.10, 72.12 

72.13 

72.14 

72.34 

73.10(3) 

73.14 

73.16 

74.03 

74.10 

74.141(1) 

75.08 

78.071 

79.11 

81.28 

82.19 

83.18, 83.27 

83.38 

84.01-84.35 

84.011-84.361 

86.06(8) 

87.06 

90.141 
•92.16, *92.17 

97.041 

98.082 

98.091 

98.201 

98.311 

99.012 

99.021(1) (J) 

99.021(2) 

99.041 

99.061(3) 

99.161(14) 

99.172 
•100.041(1) 
100.112 
101.58 
101.59 
101.63 
101.691(1) 
101.693 

102.012(1), (7) 
102.021 

103.071, 103.102 
103.111(2) 
103.111(9) 
103.121(1) (g) 
104.012 
104.27 
104.27(9) 
110.01 
110.04(4) 
110.091 
110.15 

by Stat. Rev. 
111.10 

by Stat. Rev 
112.061(1) 
112.061(1) (a) 
112.061(5) 
112.061 
116.34 

117.01, 117.02 
117.07 
117.09 
120.021(2) 



Key 
A 
A 
A 
R 
N 
R 
A 
R 
A 
N 
A 
A 
A 
A 
A 
N 
R 
A 
A 
N 
A 
A 
A 
A 
A 
A 
A 
A 
A 
A 
A 
N 
A 
R 
A 
A 
A 
R 
N 
A 
A 
N 
A 
A 
N 
A 
A 
A 
N 
N 
A 
A 
A 
N 
A 
A 
N 
A 
R 
A 
A 
A 
A 
A 
A 
A 
N 
A 
N 
A 
A 
A 
A 
N 
T 

Dept. 
T 

. Dept 
A 
N 
A 
A 
N 
A 
A 
N 
A 



Chapter No. 
1963 Law 
63-217 
63-400 
63-168 
63-403 
63-403 
63-403 
63-621 
63-621 
63-621 
63-368 
63-572 
63-241 
63-387 
63-49 
63-50 
63-144 
63-559 
63-149 
63-449 
63-449 
63-449 
63-211 
63-449 
63-273 
63-159 
63-559 
63-281 
63-505 
63-282 
63-242 
63-559 
63-152 
63-559 
63-559 
63-569 
63-659 
63-659 
63-135 
63-135 
63-559 
63-559 
63-508 
63-294 
63-408 
63-185 
63-268 
63-481 
63-184 
63-269 
63-269 
63-66 
63-99 
63-502 
63-520 
63-255 
63-479 
63-229 
63-256 
63-481 
63-188 
63-484 
63-190 
63-53 
63-400 
63-400 
63-66 
63-199 
63-97 
63-198 
63-279 
63-559 
63-279 
63-400 
63-482 

from 111.10 

to 110.15 
63-5 
63-192 
63-122 
63-400 
63-441 
63-138 
63-138 
63-138 
63-552 



Section No. 
Statutes 
120.041(4) 
120.041(5) 
120.051, 120.061 
122.01(4) 
122.01(5) 
122.02(5) 
122.02(5) 
122.03(5) 
122.08(4) 
122.10(3) 
122.19(1) 
122.28(3) 
122.34, 122.35 
123.01 
123.02(1) 
123.22-123.33 
123.34-123.44 
125.041(2) 
125.161 
125.47(3) 
125.56 
127.01 
130.04 
136.02(5) 
145.031-145.11 
145.13 
145.14 
153.58 
155.07 
166.16 
168.03 
160.01(2) 
161.08, 161.09 
167.75 
171.04(2) 
175.01-176.27 
175.011-175.361 
176.16 
185.08 
185.16(4) 
185.35(1) (i) 
185.37(3) (C), (d) 
192.03 
192.06(13) 
192.062 
192.063 
192.31(1) 
193.021 
193.03, 193.06 
193.11(1), (2) 
193.11(3) 
193.12, 193.13 
193.22 
193.221 
193.51 
193.62 
195.001(2) 
198.07 
198.17 
199.021 
199.18(1) 
200.01 
200.02 
200.08(1) 
200.08(4) 
200.10 
200.27 
201.02 
201.04 
201.04 
201.05 
201.05 

201.07, 201.08 
203.04 
204.10 
205.011 
205.63 
205.73 
207.06 
207.28 
207.34 

207.39-207.51 
208.87 

208.182-208.184 
208.186 
208.25 
208.44(2) 



Key 
A 
N 
A 

A 
N 
A 
A 
A 
A 
N 
A 
N 
N 
A 
A 
N 
N 
A 
R 
A 
N 
A 
A 
N 
A 
A 
N 
A 
A 
A 
A 
A 
A 
A 
N 
R 
N 
A 
A 
A 
A 
A 
A 
N 
N 
N 
A 
N 
A 
A 
A 
A 
A 
A 
A 
A 
A 
A 
A 
N 
A 
A 
A 
A 
N 
A 
A 
A 
A 
A 
A 
A 
A 
N 
A 
N 
A 
N 
A 
A 
A 
N 
A 
A 
A 
A 
A 



Chapter No. 
1963 Law 
63-552 
63-552 
63-552 
63-553 
63-555 
63-453 
63-555 
63-553 
63-553 
63-555 
63-568 
63-555 
63-553 
63-462 
63-462 
63-462 
63-462 
63-358 
63-572 
63-400 
63-290 
63-559 
63-118 
63-112 
63-560 
63-560 
63-560 
63-94 
63-400 
63-512 
63-400 
63-400 
63-511 
63-333 
63-311 
63-249 
63-249 
63-512 
63-196 
63-196 
63-196 
63-196 
63-550 
63-541 
63-342 
63-432 
63-250 
63-250 
63-250 
63-250 
63-245 
63-250 
63-250 
63-355 
63-167 
63-95 
63-400 
63-400 
63-559 
63-331 
63-429 
63-550 
63-572 
63-397 
63-397 
63-512 
63-430 
63-533 
63-488 
63-533 
63-488 
63-533 
63-533 
63-535 
63-298 
63-421 
63-421 
63-421 
63-299 
63-559 
63-512 
63-451 
63-302 
63-332 
63-332 
63-302 
63-302 



' Dependent upon ratification of 
constitutional amendment. 










TABLE OF SECTION CHANGES MADE IN THE FLORIDA STATUTES 

AS AMENDED, REPEALED, TRANSFERRED OR ADDED BY 

THE 1963 LEGISLATURE 



Key: "A" indicates sections amended; 
"1" indicates sections transferred; 



'R" indicates sections repealed; 
'N" indicates sections added. 



Section No. 


Chapter No. 


Section No. 




Chapter No. 


Section No. 




Chapter No. 


Statutes 


Key 


1963 Law 


Statutes 


Key 


1963 Law 


Statutes 


Key 


1963 Law 


208.48 


A 


63-297 


233.01 


A 


63-55 


241.401 


N 


63-568 


208.60-208.52 


A 


63-297 


233.01 


A 


63-400 


241.412(2) 


A 


63-400 


208.57, 208.59 


A 


63-297 


233.06 


A 


63-55 


241.471(4) 


N 


63-537 


209.09 


A 


63-512 


233.06 


A 


63-400 


241.621 


N 


63-534 


309.10(1) 


A 


63-301 


233.07 


A 


63-400 


242.33 


R 


63-231 


210.02(1), (3)-(6) 


A 


63-480 


233.12 


A 


63-53 


242.331 


N 


63-231 


210.02(8) 


N 


63-480 


233.12 


A 


63-376 


242.331(2) 


A 


63-400 


210.03(1) 


A 


63-486 


233.12 


A 


63-400 


242.34-242.36 


R 


63-231 


210.05(3) 


A 


63-480 


233.18 


A 


63-55 


242.38, 242.39 


R 


63-231 


210.13 


A 


63-513 


233.16(3), (4) 


A 


63-55 


242.391 


N 


63-164 


210.15(1) 


A 


63-488 


233.24, 233.36 


A 


63-53 


242.52(2) 


A 


63-400 


210.16 


A 


63-512 


233.37 


A 


63-55 


242.62(1), (3) 


A 


63-62 


212.02(3), (4), 






233.39-233.41 


A 


63-68 


243.141 


N 


63-427 


(6), (16) 


A 


63-526 


233.46(5), (6) 


A 


63-58 


246.04 


A 


63-400 


212.03(4) 


A 


63-526 


233.48 


A 


63-55 


247.20 


A 


63-512 


212.03(6) 


B 


63-526 


233.49 


N 


63-373 


250.37(1) 


A 


63-400 


212.04 


A 


63-526 


234.03(1) -(3) 


A 


63-376 


250.40(3) 


A 


63-400 


212.05(3) 


A 


63-526 


234.081 


N 


63-8 


252.221 


N 


63-544 


212.08(2) -(7) 


A 


63-526 


234.10(3) 


A 


63-376 


•253.031 


N 


63-294 


212.08(8) 


A 


63-565 


235.31 


A 


63-500 


•253.032 


N 


63-294 


212.08(10) 


N 


63-526 


235.40 


N 


63-221 


253.122(5) 


A 


63-512 


212.16(8) 


A 


63-512 


236.02(6) (a), (b) A 


63-401 


253.124 


A 


63-512 


212.50-212.58 


N 


63-527 


236.02(6) (b) 


A 


63-463 


•253.41 


A 


63-294 


213.01-213.10 


N 


63-253 


••236.021 


R 


63-463 


255.05 


A 


63-437 


215.03 


A 


63-659 


236.03 


A 


63-495 


256.011 


N 


63-227 


215.18 


A 


63-572 


236.04(2) (d) 


N 


63-370 


257.01 


A 


63-39 


215.19(1), (2) 


A 


63-380 


236.04(9) 


R 


63-495 


257.02 


A 


63-39 


215.19(3) (e), (8) 


N 


63-380 


236.04(9), (10) 


A 


63-495 


257.02 


A 


63-400 


215.20 


A 


63-567 


236.07(3) (a), (b) A 


63-413 


257.03-257.08 


A 


63-39 


215.22(21) 


a 


63-572 


236.07(3) (f), 






257.10-257.16 


A 


63-39 


215.22(33) 


A 


63-496 


(5) (b) 


R 


63-495 


257.22, 257.23 


A 


63-39 


215.26(2) 


A 


63-271 


236.07(3) (c), (5), 




257.26 


N 


63-39 


215.33 


R 


63-572 


(7), (8) 


A 


63-495 


265.13 


A 


63-400 


215.421 


T 




236.07(8) 


A 


63-529 


272.12(3) 


N 


63-28 


by 8tat. Rev. 


Dept. to 


288.031 


236.074(4) 


A 


63-572 


272.18(1) (O) 


A 


63-400 


215.47(2) (e), <f) 


N 


63-341 


236.076(1) 


A 


63-495 


272.19(2) 


A 


63-400 


215.47(3) 


A 


63-446 


236.075(2) 


A 


63-572 


272.19(6) 


A 


63-150 


215.56 


N 


63-335 


236.14 


R 


63-53 


282.01 


N 


63-300 


216.041 


N 


63-493 


236.70-236.74 


N 


63-495 


282.011(1) 


N 


63-226 


216.291 


R 


63-412 


237.02(9) 


A 


63-376 


282.011(2) 


N 


63-265 


222.13 


A 


63-230 


237.02(10), (11) 


N 


63-376 


282.011(3) 


N 


63-361 


222.15, 222.16 


A 


63-165 


237.04 


A 


63-376 


282.011(4) 


N 


63-366 


228.041(8), (14) 


A 


63-495 


237.26(4) 


N 


63-15 


282.011(5) 


N 


63-373 


228.041(28) 


N 


63-376 


237.32(1), (3) 


A 


63-376 


282.011(6) (a) 


N 


63-369 


228.15(1) 


A 


63-495 


238.01(15), (18) 


A 


63-554 


282.011(6) (b) 


N 


63-471 


228.15(2) 


A 


63-400 


238.021 


A 


63-554 


282.011(7) 


N 


63-402 


228.15(3) 


A 


63-498 


238.03(6) 


A 


63-400 


282.011(8) 


T 




•229.08(5) 


A 


63-522 


238.06(4) 


A 


63-554 


by Stat. 


Rev. 


Dept. 


229.08(16) 


R 


63-225 


238.07(3) 


A 


63-554 


from 603.20, 616.20 


229.091 


N 


63-549 


238.07(3) (a) 


R 


63-554 


282.011(9) 


N 


63-410 


229.302 


N 


63-248 


238.07(16) (e) 


R 


63-554 


282.011(10) 


N 


63-420 


229.303 


N 


63-389 


238.07(17) 


N 


63-554 


282.011(11) 


N 


63-458 


229.50 


A 


63-400 


238.08(5) 


A 


63-554 


282.011(12) 


N 


63-477 


230.201 


A 


63-400 


238.09(3) 


A 


63-554 


282.011(13) (a) 


N 


63-476 


230.221 


N 


63-532 


238.11(1) 


A 


63-554 


282.011(13) (b) 


N 


63-497 


230.23(4) (m) 


N 


63-376 


238.19-238.30 


R 


63-554 


282.011(13) (c) 


N 


63-442 


230.23(6) (b) 


A 


63-376 


238.31 


N 


63-554 


282.011(14) 


N 


63-525 


230.23(10) (f) 


A 


63-376 


239.011(1) 


N 


63-347 


282.011(15) 


N 


63-449 


230.23(12) (a) 


A 


63-376 


239.011(2) 


N 


63-348 


282.011(16) 


N 


63-548 


230.23(17) 


N 


63-376 


239.021 


R 


63-572 


282.011(17) 


N 


63-561 


230.232(3) (C) 


A 


63-512 


239.11-239.13 


R 


63-572 


282.011(18) 


N 


63-571 


230.33(6) (1), (fc) 


N 


63-376 


239.15, 239.18 


R 


63-572 


•282.012 


N 


63-524 


230.33(7) (b) 


A 


63-376 


239.36, 239.37 


R 


63-572 


282.02(1) (a), (d) 


A 


63-372 


230.33(14) (a) 


A 


63-376 


239.371 


N 


63-561 


282.021(15) 


A 


63-514 


230.33(19) 


A 


63-376 


239.38 


A 


63-543 


282.021(18) -(36) 


N 


63-514 


230.58(2) 


N 


63-317 


239.41 


A 


63-376 


282.051(3) (a), (b) 


A 


63-514 


230.58(2) 


N 


63-411 


239.41 


A 


63-543 


282.051(5) 


A 


63-542 


230.58(3) 


N 


63-445 


239.42 


A 


63-376 


282.071 


A 


63-337 


230.58(4) 


N 


63-438 


239.42 


A 


63-543 


282.081(1) (b) 


A 


63-639 


230.59-230.62 


N 


63-221 


239.43 


A 


63-376 


282.092 


N 


63-375 


230.63-230.65 


N 


63-475 


239.47(1), (2), 






283.12(4) 


N 


63-136 


231.03, 231.15 


A 


63-376 


(4), (6) 


A 


63-376 


283.22 


A 


63-141 


231.151 


N 


63-398 


239.51, 239.52 


A 


63-376 


283.25(3) 


A 


63-141 


231.16(2) 


A 


63-223 


239.58 


A 


63-22 


287.041(2) 


A 


63-400 


231.161 


R 


63-223 


239.66 


N 


63-404 


288.02(2) 


A 


63-400 


231.17 


A 


63-376 


239.67 


N 


63-452 


288.031 


T 




231.28 


A 


63-225 


239.0100-239.011' 


r N 


63-415 


by Stat. Rev. DeDt. from 216.421 


231.28(6) 


A 


63-248 


240.01 


A 


63-23 


288.32 


N 


63-459 


231.34 
231.351 


A 
N 


63-376 
63-316 


•240.01-240.28 
•240.011 


R 

N 


63-204 
63-204 


290.01, 290.05 
290.06(2) -(6), 


A 


63-474 


231.36(3) 


A 


63-376 


240.02 


A 


63-400 






231.362 


A 


63-376 


•240.021-240.121 


N 


63-204 


(8) 


A 


63-474 


231.39 


A 


63-376 


240.13 


A 


63-572 


290.20 


R 


63-474 


231.50 


A 


63-540 


•240.131-240.191 


N 


63-204 


290.32(1), (3) 


A 


63-474 


231.54-231.59 


N 


63-363 


•240.201 


N 


63-204 


291.04 


A 


63-319 


232.26 


A 


63-376 


•240.201 


R 


63-558 


291.25, 291.26 


R 


63-572 


232.39 


A 


63-63 


•240.211 


N 


63-204 


292.011 


N 


63-572 



• Dependent upon ratification of 

constitutional amendment. 
*• Repeal limited. 



I] 



TABLE OF SECTION CHANGES MADE IN THE FLORIDA STATUTES 

AS AMENDED, REPEALED, TRANSFERRED OR ADDED BY 

THE 1963 LEGISLATURE 



Key: "A" indicates sections amended; 
"T" indicates sections transferred; 



'R" indicates sections repealed; 
'N" indicates sections added. 



Section No. 




Chapter No. 


Statutes 


Key 


1963 Law 


292.04 


A 


63-400 


292.04 


A 


63-572 


292.05 


A 


63-572 


292.07(3) 


A 


63-400 


292.08 


A 


63-572 


295.02, 295.04 


A 


63-124 


298.14 


A 


63-400 


298.20, 298.32 


A 


63-400 


298.34 


A 


63-559 


309.01(3) 


N 


63-423 


310.03 


A 


63-494 


310.11 


A 


63-44 


317.01-317.010 


B by Rev. 63-17 


317.011(1) -(34) 


N 


63-175 


317.011(35) 


N 


63-213 


317.011(36)-(61) 


N 


63-175 


317.012 


N 


63-175 


317.012 


A 


63-279 


317.021, 317.031 


N 


63-175 


317.032 


N 


63-7 


317.041-317.111 


N 


63-175 


317.112 


N 


63-14 


317.121-317.211 


N 


63-175 


317.221(1) -(7) 


N 


63-175 


317.221(2) 


A 


63-436 


317.233 


N 


63-175 


317.234 


N 


63-175 


317.235(1) -(4) 


N 


63-175 


317.235(4) 


A 


63-178 


317.241-317.446 


N 


63-175 


317.447 


N 


63-270 


317.448 


N 


63-9 


317.452-317.761 


N 


63-175 


317.771(1) -(3) 


N 


63-175 


317.771(3) 


A 


63-131 


317.781 


N 


63-175 


317.791(1) 


N 


63-175 


317.791(2), (3) 


N 


63-278 


317.801 


N 


63-175 


317.802 


N 


63-1 


317.811 


N 


63-175 


317.811 


A 


63-280 


317.821-317.903 


N 


63-178 


317.911 


N 


63-175 


317.911 


A 


63-213 


317.921-317.981 


N 


63-178 


317.982 


N 


63-127 


317.991-317.0108 


N 


63-17B 


318.05 


B 


63-10 


318.06 


A 


63-400 


320.04(1) 


A 


63-143 


320.06 


A 


63-490 


320.063 


N 


63-418 


320.07(1) 


A 


63-496 


320.07(1), (3) 


A 


63-528 


320.08, 320.081 


A 


63-528 


320.082(4) 


A 


63-93 


320.082 


B 


63-528 


320.084(1) 


A 


63-277 


320.11 


B 


63-178 


320.13 


A 


63-173 


320.22 


B 


63-10 


320.27(1), (2) 


A 


63-349 


320.272(3) 


A 


63-612 


320.42, 320.43 


R 


63-175 


320.45-320.48 


R 


63-175 


320.54-320.56 


R 


63-175 


320.58 


A 


63-400 


321.04 


A 


63-169 


321.04 


A 


63-400 


321.07 


A 


63-361 


321.222 


N 


63-390 


321.23(3) 


A 


63-371 


322.01(7) 


A 


63-156 


322.02 


A 


63-34 


322.03(1) (b) 


A 


63-156 


322.201 


N 


63-371 


322.211(6) 


A 


63-38 


322.31 


A 


63-512 


323.01(7) -(9), 






(17), (18) 


A 


63-496 


323.02, 323.03 


A 


63-496 


323.031 


N 


63-416 


323.031 


A 


63-496 


323.04, 323.042 


A 


63-496 


323.05(1), (2) 


A 


63-496 


323.051 


N 


63-416 



Section No. 
Statutes 
323.051 
323.051 
323.06, 323.07 
323.08(4) 
323.08 
323.09 
323.09(1) 
323.10(1), (2) 
323.12 
323.13(1) 
323.14(1) 
323.15 
323.151 
323.151 
323.151 
323.16(1) 
323.17-323.19 
323.191 
323.191(1), (4) 
323.21, 323.22 
323.24, 323.25 
323.27 
323.28(2) 
323.28(2) 
323.29(1) 
323.29(3) (C) 
323.31(l)-(3),(4), 

(6) -(9) 
323.36 
324.271 
325.01-325.10 
830.09(2) 
330.32 

331.15(1), (2) 
333.11(1) 
334.03(13), (19) 
334.05 
334.09(1) 
334.09(1) 
334.10 
334.19 
334.24(2) 
334.26 
335.041 
335.13(2) 
336.03 
337.15(2) 
338.20(3) 
338.21 

339.08(2) (d) 
339.09(1) 
339.30(1) (e)-(l) 
339.30(2) 
340.05(2) 
340.05(2) 
340.30 
340.35 
344.11 
344.29(1) 
348.041 
348.50-348.70 
348.0100-348.0114 
349.03 
349.05(1) 
350.01, 350.011 

350.05, 350.12 
350.15-350.23 
350.25-350.32 
350.34 
350.36 
350.36 

350.37, 350.38 
350.43 

350.53-350.57 
350.59. 350.60 
350.62-350.631 
350.64 

350.641, 350.66 
350.67. 350.76 
350.77 

350.78 
350.78 
351.05 

352.06. 352.17 
352.22 
354.05 
360.10, 360.12 



Key 
A 

A 
A 
N 

A 
A 
A 
A 
A 
A 
A 
A 
N 
A 
A 
A 
A 
N 
A 
A 
A 
A 
A 
A 
A 
R 

A 
N 
B 
N 

A 
A 

A 
A 

A 

A 

A 

A 

A 

A 

A 

R 

N 

A 

A 

A 

A 

A 

A 

A 

N 

N 

A 

A 

A 

N 

A 

A 

A 

N 

N 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

N 

A 

A 

A 

A 

A 

A 



Chapter No. 
1963 Law 
63-496 
63-569 
63-496 
63-416 
63-496 
63-496 
63-512 
63-496 
63-496 
63-496 
63-496 
63-496 
63-416 
63-496 
63-569 
63-496 
63-496 
63-377 
63-496 
63-496 
63-496 
63-496 
63-460 
63-496 
63-556 
63-416 

63-496 

63-92 

63-572 

63-518 

63-572 

63-512 

63-496 

63-512 

63-27 

63-330 

63-346 

63-400 

63-89 

63-87 

63-174 

63-572 

63-252 

63-501 

63-672 

63-512 

63-512 

63-88 

63-219 

63-388 

63-90 

63-90 

63-257 

63-400 

63-257 

63-257 

63-572 

63-473 

63-400 

63-447 

63-573 

63-400 

63-272 

63-279 

63-279 

63-279 

63-279 

63-279 

63-279 

63-559 

63-279 

63-279 

63-279 

63-279 

63-279 

63-559 

63-279 

63-279 

63-279 

63-296 

63-279 

63-208 

63-279 

63-279 

63-57 

63-277 



367.23 
368.05 



Section No. 

Statutes 

360.13 

364.01, 364.02 
364.31-364.33 
365.01, 365.08 
365.12 
365.12 
365.18 
365.16 
366.04 
366.04 
867.02, 
368.02, 
368.07 
370.01 
370.02(2) 
370.02(9) 
370.112 
370.13 
370.131 
870.15(6) 
370.16(5), (8), (11) 
370.16(9) 
370.16(32) 
370.162 
370.21 
371.021(11) 
371.031(1) 
371.032 
371.032(2) 
871.051(1), (6), 

(7) 
371.051(91,(10) 
371.121 
371.161 
371.171 
871.172 
371.49 
371.50 

371.501-371.504 
371.51 

371.521, 371.522 
371.53-371.56 
371.561 
371.57, 371.68 
371.581 
371.59-371.61 
371.0100-371.0108 
372.001(24) 
372.01(3) 
372.02 
372.022 

372.57(3), 
372.57(18) 

372.575 

373.072 

373.081 

373.131(5) 

373.141 

373.142-373.144 

373.181 

373.161 

373.161(1) (b)2. 

373.171 

373.172-373.174 

373.181 

373.182 

373.192 

373.193 

373.194, 373.195 

373.201-373.221 

373.381(2) 

374.151 

374.351 

374.351 

374.96 

375.011-375.041 

375.042 

375.051, 375.061 

375.251 

377.35 

378.01(3) 

378.01(4) 

378.12(3) 

378.16(2) 

378.25 

378.33 

379.02(1) 



(4) 



Key 
A 
A 
A 
A 
A 
A 
N 
N 
A 
A 
A 
A 
A 
A 
A 
N 
N 
A 
N 
A 
A 
A 
A 
N 
N 
A 
A 
N 
A 

A 

N 

B 

A 

A 

N 

N 

A 

N 

A 

N 

A 

N 

A 

N 

A 

N 

N 

A 

A 

A 

A 

N 

N 

N 

A 

N 

A 

N 

A 

E 

A 

A 

N 

A 

N 

N 

N 

N 

A 

A 

A 

A 

A 

N 

N 

N 

N 

N 

A 

A 

N 

A 

A 

A 

A 

A 



Chapter No. 
1963 Law 
63-279 
63-279 
63-279 
63-279 
63-279 
63-512 
63-54 
63-51 
63-279 
63-288 
63-279 
63-279 
63-279 
63-40 
63-40 
63-40 
63-84 
63-3 
63-579 
63-338 
63-512 
63-120 
63-396 
63-42 
63-202 
63-103 
63-103 
63-13 
63-400 

63-103 

63-103 

63-550 

63-103 

63-105 

63-194 

63-105 

63-105 

63-103 

63-105 

63-105 

63-105 

63-105 

63-108 

63-105 

63-105 

63-550 

63-30 

63-400 

63-400 

63-382 

63-30 

63-30 

63-30 

63-336 

63-336 

63-210 

63-336 

63-336 

63-336 

63-336 

63-512 

63-336 

63-336 

63-336 

63-336 

63-307 

63-407 

63-210 

63-336 

63-512 

63-400 

63-216 

63-400 

63-874 

63-36 

63-228 

63-36 

63-313 

63-512 

63-224 

63-224 

63-612 

63-224 

63-512 

63-224 

63-400 



TABLE OF SECTION CHANGES MADE IN THE FLORIDA STATUTES 

AS AMENDED, REPEALED, TRANSFERRED OR ADDED BY 

THE 1963 LEGISLATURE 



Key: 



"A" indicates sections amended; 
"T" indicates sections transferred; 



"R" indicates sections repealed; 
"N" indicates sections added. 



Section No. 


Chapter No. 


Section No. 




Chapter No. 


Statutes 


Key 


1963 Law 


Statutes 


Key 


1963 Law 


382.35(7) 


A 


63-151 


446.06-446.13 


T 


63-153 


382.45 


A 


63-559 


to 446.011-446.081 


382.46, 382.47 


A 


63-151 


446.09 


T & A 


63-400 


386.03 


A 


63-64 


to 


446.041 




386.04-386.13 


B 


63-64 


446.091 


N 


63-153 


386.041, 386.051 


N 


63-64 


447.04(1) 


A 


63-139 


388.011, 388.101 


A 


63-236 


447.04(4) 


N 


63-139 


388.141 


A 


63-400 


449.01, 449.02 


A 


63-205 


S88.162 


N 


63-236 


449.021-449.025 


N 


63-205 


388.201, 388.211 


A 


63-236 


449.05(3), (5), 






388.231 


A 


63-236 


(8), (9) 


A 


63-205 


388.261-388.301 


A 


63-236 


449.12 


R 


63-205 


388.321 


A 


63-236 


449.13 


A 


63-512 


388.322, 388.323 


N 


63-236 


449.16 


A 


63-203 


388.331-388.361 


A 


63-236 


450.061(1) (r) 


N 


63-82 


388.371 


R 


63-236 


453.06 


A 


63-400 


888.381-388.401 


A 


63-238 


454.24-454.30 


R 


63-572 


388.42 


N 


63-443 


455.06(1) 


A 


63-499 


391.03 


A 


63-400 


466.14 


A 


63-509 


392.01 


A 


63-400 


458.06(7) 


N 


63-572 


392.28 


A 


63-559 


458.123 


A 


63-509 


893.01(1) 


A 


63-233 


460.001 


N 


63-293 


393.01(4) 


N 


63-62 


460.01, 460.02 


A 


63-295 


393.013 


N 


63-367 


460.031 


N 


63-295 


393.013 


A 


63-233 


460.04 


A 


63-293 


393.12(4) 


A 


63-559 


460.05 


R 


63-295 


394.21 


R 


63-102 


460.06, 460.07 


A 


63-295 


394.22(6) (a) 


A 


63-498 


460.071-460.073 


N 


63-295 


394.22(16) (I) 


A 


63-559 


460.08, 460.09 


A 


63-295 


394.22(20) 


N 


63-551 


460.10 


R 


63-293 


894.251 


N 


63-458 


460.12 


A 


63-293 


394.45 


N 


63-121 


460.13(3) 


A 


63-293 


895.10 


A 


63-400 


460.13(10) 


A 


63-509 


395.14 


A 


63-512 


460.131-460.139 


N 


63-295 


396.031(3) 


N 


63-563 


460.14 


A 


63-293 


396.101 


A 


63-400 


460.141 


N 


63-293 


396.121 


A 


63-325 


460.15 


A 


63-295 


401.04 


A 


63-287 


460.18 


R 


63-295 


401.04 


A 


63-400 


460.19-460.21 


A 


63-298 


403.02(4) 


N 


63-392 


460.211 


N 


63-293 


403.07, 403.14 


A 


63-392 


460.22, 460.25 


A 


63-295 


403.17, 403.18 


A 


63-392 


460.26 


A 


63-295 


403.19 


A 


63-512 


460.261, 460.262 


N 


63-295 


403.19(2) 


A 


63-392 


460.27 


A 


63-295 


409.01 


A 


63-400 


460.33(1) 


A 


63-509 


409.03(3) 


N 


63-449 


461.10 


A 


63-509 


409.09 


A 


63-400 


462.08 


A 


63-374 


409.15 


A 


63-364 


462.15 


A 


63-509 


409.17 


A 


63-364 


462.18 


A 


63-414 


409.17(8) 


N 


63-384 


463.05 


A 


63-400 


409.24 


A 


63-504 


463.06 


A 


63-400 


409.24(3) 


N 


63-449 


464.21(6) (C) 


A 


63-509 


409.36(1) 


A 


63-360 


465.031(8) 


N 


63-424 


409.40 


A 


63-364 


465.031(9) 


N 


63-425 


409.40(9) 


R 


63-384 


465.041(11) 


A 


63-400 


409.411 


N 


63-353 


465.041(13) 


N 


63-424 


409.45 


N 


63-132 


465.051 


A 


63-400 


412.011-412.101 


N 


63-461 


465.071(1) (C) 


A 


63-423 


413.011 

416.08 
417.01 


A 


63-400 


465.101(1) (C) 


A 


63-423 


A 


63-400 


465.101(1) (e) 


A 


63-424 


A 


63-400 


465.101(3) 


N 


63-424 


418.08 


A 


63-489 


465.102 


N 


63-425 


421.53 

440.13(1), (3) 
440.14(5) 


N 

A 
A 


63-557 

63-91 

63-160 


465.18(1) 
465.18(2), (5) 
465.20 


A 
A 
A 


63-424 
63-423 
63-424 


440.15(5) 


A 


63-235 


465.20 


A 


63-509 


440.32 
440.44(2) 


A 
A 


63-283 
63-274 


465.21(5) 
465.22 


R 

N 


63-424 
63-424 


440.44(8) 


A 


63-400 


466.17, 466.39 


A 


63-334 


440.45(1) 


A 


63-179 


470.13(7) 


A 


63-509 


440.45(3) 


A 


63-275 


470.14 


A 


63-509 


440.47 
440.49(4) 


A 

N 


63-400 
63-235 


470.30(1) 
471.02(7) 


A 
A 


63-422 
63-310 


440.49(4) 
440.56(8) (a) 


A 
A 


63-512 
63-512 


471.02(8) 

471.06 


N 
A 


63-310 
63-310 
63-310 
63-310 


443.03(5) (g) 20. 


N 


63-56 


471.061 


N 


443.03(7) (a),(h) 


A 


63-153 


471.09, 471.13 


A 


443.06(1) 


A 


63-327 


471.20, 471.21 


A 


63-310 


443.06(7) 


N 


63-157 


471.24 


A 


63-310 


443.08(3) (a) 


A 


63-154 


471.26 


A 


63-310 


443.08(3) (e) 


A 


63-137 


471.28 


A 


63-509 


443.10(6) (a), (b) 


A 


63-276 


471.38 


R 


63-310 


443.11(1) 


A 


63-400 


471.37-471.44 


N 


63-310 


443.12(5) 


A 


63-400 


472.09 


A 


63-509 


446.011-446.081 


T 


63-153 


472.10, 472.11 


A 


63-258 


from 446.06-446.1 


3 


475.35 


A 


63-509 


446.041 


T & A 


63-400 


475.36 


R 


63-509 


from 


446.09 











Section No. 

Statutes 

475.39 

475.42(1) (e) 
475.44 

475.50-475.55 
476.05, 476.08 
476.09-478.11 
476.17, 476.18 
476.221-476.223 
477.01-477.06 
477.07 

477.07(1) (d) 
477.08 
477.09(4) 
477.10-477.24 
477.27, 477.28 
477.29 

478.011-478.211 
479.04 
479.05 
479.07 
479.08(2) 
479.09 

480.01(1) (b), (2) 
480.02(5) 
480.06(1) 
480.09 
480.11(1) (f) 
430.11(1) (k) 
480.13(1) 
482.101(3) 
482.132 
482.181 
483.18 
484.10 
487.04(3) 
488.03(1) 
489.03(2) 
490.081(2) 
493.01-493.24 
494.02 (2), (3), 

(5) 
494.03(1), (2) 
494.04(2), (4)- 

(8), (11) 
494.05(1) 
494.05(5) 
494.08(1), (5) 
494.08(7) 
500.03(18) -(21) 
500.10(1), (4) 
500.11(5) 
500.13 

500.14(1) (d), (2) 
500.15 
600.151(1) 
500.16 
500.17(5) 
600.18(5) 
600.20(1) 
600.201(1) 
600.34, 600.35 
500.38 
501.03(2) 
501.03(4) 
501.04(12) 
501.09(5) 
601.13(7) 
501.14 
503.06 
504.02(5) 
609.032(2) 
E09.081 
509.141(4) 
509.151, 609.161 
509.162 
509.211(2) 
509.211(4) 
609.211(11) 
509.251(3) 
609.261(1) (C) 
509.261(3) (d) 
509.261(4) 
609.261(5) 
517.04 
517.06(7) 
517.06(13) 
517.08(2) (d) 





Chapter No 


Key 


1963 Law 


A 


63-569 


R 


63-129 


A 


63-400 


R 


63-129 


A 


63-251 


A 


63-251 


A 


63-251 


N 


63-483 


A 


63-193 


A 


63-195 


A 


63-388 


A 


63-193 


N 


63-195 


A 


63-193 


A 


63-195 


N 


63-195 


N 


63-129 


A 


63-237 


A 


63-512 


A 


63-237 


A 


63-512 


R 


63-237 


A 


63-172 


A 


63-172 


A 


63-172 


A 


63-172 


A 


63-172 


N 


63-172 


A 


63-509 


A 


63-400 


A 


63-48 


A 


63-509 


A 


63-509 


A 


63-509 


A 


63-222 


A 


63-21 


A 


63-400 


A 


63-509 


N 


63-340 


A 


63-58 


A 


63-58 


A 


63-58 


A 


63-58 


A 


63-512 


A 


63-58 


N 


63-58 


N 


63-259 


A 


63-259 


A 


63-572 


A 


63-259 


A 


63-158 


A 


63-158 


A 


63-158 


A 


63-158 


A 


63-158 


N 


63-158 


A 


63-259 


A 


63-158 


R 


63-73 


R 


63-73 


R 


63-352 


A 


63-513 


A 


63-188 


A 


63-512 


A 


63-512 


R 


63-189 


A 


63-612 


A 


63-400 


A 


63-420 


A 


63-400 


A 


63-96 


A 


63-546 


N 


63-546 


A 


63-67 


A 


63-312 


N 


63-426 


A 


63-350 


A 


63-512 


A 


63-69 


N 


63-68 


N 


63-70 


A 


63-400 


A 


63-564 


R 


63-564 


A 


63-321 






TABLE OF SECTION CHANGES MADE IN THE FLORIDA STATUTES 

AS AMENDED, REPEALED, TRANSFERRED OR ADDED BY 

THE 1963 LEGISLATURE 



Key: "A" indicates sections amended; "R" 
"T" indicates sections transferred; "N' 



indicates sections repealed; 
indicates sections added. 



Section No. 




Chapter No. 


Section No. 


Chapter No. 


Section No. 


Chapter No. 


Statutes 


Key 


1963 Law 


Statutes 


Key 1963 Law 


Statutes 


Key 


1963 Law 


617.09(7) 


A 


63-321 


681.152(2) 


A 


63-512 


626.02181 


N 


63-20 


617.091(3) 


A 


63-321 


582.07, 582.19 


A 


63-400 


626.0312 


A 


63-381 


617.12(8) 


A 


63-321 


585.15, 585.18 


A 


63-366 


626.0313 


N 


63-20 


617.16 


A 


63-344 


585.45 


A 


63-512 


626.0513(1) (c) 


A 


63-86 


617.19(7) 


N 


63-326 


685.621 


N 


63-476 


626.0514 


A 


63-83 


617.24 


A 


63-512 


585.671 


N 


63-442 


626.0515(2) (b) 


A 


63-86 


617.311 


N 


63-98 


589.03 


A 


63-400 


626.0515(2) (d) 


A 


83-209 


617.33 


N 


63-354 


589.32 


A 


63-399 


626.0517(1) 


A 


63-86 


618.01(13) 


N 


63-111 


590.26 


A 


63-207 


626.0521 


A 


63-86 


619.14 


A 


63-512 


591.20 


A 


63-400 


626.0524(7) 


N 


63-88 


620.02(1) 


A 


63-101 


592.03 


A 


63-400 


626.0528(2) 


A 


63-86 


620.04(4) 


A 


63-512 


692.05 


A 


63-478 


626.0534 


A 


63-86 


620.11(4) 


A 


63-213 


692.10 


A 


63-400 


626.0535(4) 


A 


63-86 


620.31(12) 


N 


63-547 


601.03(31) 


A 


63-71 


627.0401(3) 


A 


63-187 


620.32 


A 


63-547 


601.06 


A 


63-400 


627.0403(3) 


A 


63-187 


620.33 


B 


63-547 


601.071(1) 


A 


63-74 


627.0403 


A 


63-6 


620.331 


N 


63-547 


601.111 


N 


63-104 


627.0406 


A 


63-201 


620.332 


N 


63-547 


601.13(3) 


A 


63-80 


627.0602(1) 


A 


63-218 


620.34(4) 


A 


63-547 


601.15(3) (a) 


A 


63-320 


627.0851(1) 


A 


63-148 


620.39(3) 


A 


63-547 


601.15(3) (c) 


A 


63-79 


627.0990-627.1012 


N 


63-16 


620.60-620.57 


N 


63-244 


601.16(7) 


A 


63-320 


627.1020-627.1023 


N 


63-16 


627.17 


A 


63-512 


601.15(8) (b) 


A 


63-78 


628.071 


A 


63-18 


636.22 


A 


63-359 


601.152 


A 


63-81 


631.021(5) 


A 


63-559 


543.28 


A 


63-400 


601.152(4) 


A 


63-400 


632.061(2) 


A 


63-149 


550.01 


A 


63-264 


601.28(1) (a) -(d) 


A 


63-108 


632.442 


N 


63-85 


550.03 


A 


63-400 


601.291 


N 


63-78 


633.02 


A 


63-400 


550.03 


A 


63-444 


601.32 


A 


63-400 


633.07 


A 


63-512 


660.069 


N 


63-261 


601.50 


A 


63-100 


634.201(2) 


A 


63-612 


550.08(1) 


A 


63-313 


601.601 


N 


63-73 


635.031(3) 


N 


63-428 


650.16(4) 


A 


63-314 


601.61(2) 


A 


63-61 


638.211(2) 


A 


63-512 


650.26(4) 


A 


63-314 


601.68 


A 


63-512 


641.07 


A 


63-400 


550.26(5) 


N 


63-314 


601.731 


A 


63-77 


641.10(2) 


A 


63-512 


650.37 


N 


63-130 


601.732 


a 


83-77 


656.22 


A 


63-254 


650.38 


N 


63-161 


601.88 


A 


63-72 


657.06 


A 


63-289 


652.13 


A 


63-512 


601.0105(3) 


A 


63-107 


667.09(1) 


A 


63-289 


664.02(2) 


A 


63-400 


603.20 


T & A 


63-393 


657.09(8) 


N 


63-289 


554.07(6) 


A 


63-197 


to 616.20, 


282.011(8) 




657.10 


A 


63-289 


654.07(6) 


A 


63-279 


603.21-603.23 


T & A 


63-393 


657.11(2) 


A 


63-289 


554.11 


A 


63-193 


to 616.21-616.23 




657.16, 657.18 


A 


63-289 


664.16 


A 


63-65 


604.15(3) 


A 


63-291 


657.161(1) (b), (4) 


A 


63-289 


654.28 


N 


63-134 


604. 16 (2), (3) 


N 


63-351 


658.08 


A 


63-182 


659.33 


A 


63-324 


604.19 


A 


63-351 


659.02(2) 


A 


63-181 


559.34 


A 


63-324 


608.041 


N 


83-357 


659.17(1) 


A 


63-322 


659.46 


A 


63-324 


608.13(14), (15) 


N 


63-286 


659.29 


A 


63-472 


661.01(13) 


A 


63-32 


608.131 


N 


63-304 


659.49 


A 


63-110' 


561.11 


A 


63-26 


608.21(1) 


A 


63-284 


659.59-659.66 


N 


63-113 


661.14(4) 


N 


63-562 


608.27(1) 


A 


63-240 


663.161 


T 


63-318 


661.22 


A 


63-562 


608.32(1) 


A 


63-239 


from 


668.09 




661.221 


N 


63-11 


608.33(1) 


A 


63-487 


665.21(4) 


A 


63-206 


661.24 


A 


63-562 


608.36(3) 


A 


63-283 


665.213 


T & A 


63-318 


661.35(1) (I) 


N 


63-562 


608.36(4) 


N 


63-283 


from 


668.11 




561.35(2), (3) 


A 


63-562 


608.0100- 






665.31 


A 


63-400- 


661.36(1) 


A 


63-562 


608.0107 


N 


63-379 


665.43 


A 


63-163 


561.37 


A 


63-562 


609.051 


N 


63-488 


665.44 


A 


63-162 


661.38 


A 


63-562 


609.07 


N 


63-171 


668.01-668.08 


R 


63-318 


661.41 


A 


63-562 


616.001 


N 


63-247 


668.09 


T 


63-318 


661.43(1) 


A 


63-562 


616.03, 616.05 


A 


63-247 


to 665.161 




661.46(1) -(6) 


A 


63-631 


616.08, 616.09 


A 


63-247 


668.10 


R 


63-318 


661.46(2), (5), (6) 


A 


63-466 


616.091, 616.101 


N 


63-247 


668.11 


T & A 


63-318 


661.46(10) 


B 


63-485 


616.12 


A 


63-247 


to 665.213 




561.46(10) 


R 


63-510 


616.16 


B 


63-247 


674.78 


A 


63-109 


661.461 


A 


63-464 


616.18 


E 


63-247 


676.55 


A 


63-323 


561.49 


A 


63-562 


616.20 


T & A 


63-393 


683.08 


N 


63-419 


561.51 


A 


63-467 


from 


603.20 




689.071 


N 


63-468 


661.54-661.67 


A 


63-562 


616.20 


T Stat. Rev. 


697.04(1) 


A 


63-212 


661.64 


A 


63-465 


Dept. to 


282.011(8) 




698.06, 698.07 


R 


63-212 


569.07 


B 


63-147 


616.21-616.23 


T & A 


63-393 


698.08 


A 


63-212 


670.23(1), (3), 






from 603.21-603.23 




699.10 


A 


63-212 


(5) 


A 


63-393 


617.012 


A 


63-405 


702.02(2), (3) 


A 


63-46 


671.01-671.10 


N 


63-378 


617.52(2) (b) 


A 


63-329 


705.01, 705.03 


A 


63-267 


673.06, 673.07 


A 


63-123 


617.67 


N 


63-329 


705.04 


R 


63-267 


673.09, 573.10 


A 


63-123 


624.0119(6) 


N 


63-128 


705.06 


A 


63-267 


673.14(2) 


A 


63-400 


624.0206(1) 


A 


63-29 


705.09-705.13 


N 


63-267 


573.16 


A 


63-123 


624.0207, 624.0208 


A 


63-29 


711.01-711.23 


N 


63-35 


673.17(l)-(3) 


A 


63-123 


624.0210 


A 


63-19 


712.01-712.10 


N 


63-133 


678.21(6) 


A 


63-123 


624.0215(1) (a) 


A 


63-149 


715.05 


N 


63-431 


573.22(4) 


A 


63-123 


624.0229 


N 


63-149 


716.07 


A 


63-559 


673.22(5) 


N 


63-123 


624.0300(16) 


N 


63-491 


731.26 


R 


63-183 


673.24 


A 


63-123 


624.0306 


A 


63-149 


731.34 


A 


63-119 


573.28, 573.29 


N 


63-123 


625.121(2) 


A 


63-400 


732.15 


A 


63-559 


673.50-573.78 


N 


63-126 


625.0212 


A 


63-19 


732.16-732.20 


R 


63-559 


673.0100- 






625.0213(4) 


N 


63-19 


732.29(1), (2) 


A 


63-456 


573.0126 


N 


63-292 


626.331(6) 


N 


63-17 


733.16(3) 


N 


63-309 


678.011(28) 


A 


63-116 


626.531(2) 


A 


63-20 


733.18(2) 


A 


63-454 


681.051(5) 


A 


63-117 


626.532 


H 


63-20 


734.041 


A 


63-106 


581.131 


A 


63-115 


626.01071 


N 


63-20 


734.22 


A 


63-262 


581.142 


N 


63-260 


626.0216(3) 
626.0218 


A 
A 


63-20 
63-381 


735.03(2) 


A 


63-572 




TABLE OF SECTION CHANGES MADE IN THE FLORIDA STATUTES 

AS AMENDED, REPEALED, TRANSFERRED OR ADDED BY 

THE 1963 LEGISLATURE 



Key: 



'A" indicates sections amended; "R" indicates sections repealed; 
T* indicates sections transferred; "N" ii " 



indicates sections added. 



Section No. 




Chapter No. 


Section No. 


Chapter No. 




Statutes 


Key 


1963 Law 


Statutes 


Key 1963 Law 




735.10(2) 


A 


63-146 


843.01-843.03 


A 


63-433 




736.041 


N 


63-183 


843.06, 843.08 


A 


63-433 




736.18 


N 


63-386 


843.13 


A 


63-128 




737.28 


N 


63-434 


849.06 


A 


63-303 




741.06 


A 


63-238 


849.092 


N 


63-553 




746.16 


A 


63-559 


849.42 


A 


63-559 




768.03 


A 


63-469 


860.15 


N 


63-203 




775.13(5) (e) 


N 


63-191 


901.25 


N 


63-515 




790.23 


A 


63-31 


909.18 


T by Stat 


. Rev. 




811.28 


N 


63-166 


Dept. 


to 925.04 






817.52 


N 


63-177 


921.161 


N 


63-457 




817.53 


N 


63-383 


921.18 


A 


63-306 




817.54 


N 


63-142 


924.08 


A 


63-559 




817.55 


N 


63-506 


925.04 


T by Stat 


Rev. 




821.36 


A 


63-503 


Dept. from 909.18 






828.041 


N 


63-24 


925.05 


N 


63-263 




832.06 


N 


63-343 


925.06 


N 


63-180 




843.01 


A 


63-234 


932.52(15) 


A 


63-559 





Section No. 




Chapter No. 


Statutes 


Key 


1963 Law 


944.071 


N 


63-417 


944.26 


R 


63-457 


944.27, 944.28 


A 


63-243 


944.511 


N 


63-450 


945.05(3) 


A 


63-400 


945.14(1) 


A 


63-178 


945.16(1) 


A 


63-176 


945.18 


A 


63-176 


947.01 


A 


63-83 


947.12 


A 


63-400 


947.24 


A 


63-83 


951.22 


N 


63-140 


965.01(4) (b),(C) 


A 


63-233 


965.03 


A 


63-25 


965.04.(2) 


A 


63-400 


965.09 


N 


63-214 


965.10-965.15 


N 


63-368 


965.16 


N 


63-305 



j**?i|«M 



w 



WM 



m 



y 



Official 
FLORIDA STATUTES 

1963 



Prepared by 
Statutory Revision Department 



RICHARD W. ERVIN 
Attorney General 



CHARLES TOM HENDERSON 
Assistant Attorney General, Director 




Published by the 
STATE OF FLORIDA 



Copyright 196S by the State of Florida 



Eighth Edition 
Seventh Edition 
Sixth Edition 
Fifth Edition 
Fourth Edition 
Third Edition 
Second Edition 
First Edition 



1963—6000 sets 
1961—5500 sets 
1959—5250 sets 
1957—5000 sets 
1955—4750 sets 
1953 — 4500 sets 
1951—4000 sets 
1949—3500 sets 



ROSE PRINTING COMPANY 
Tallahassee, Florida 

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TABLE OE CONTENTS 



VOLUME 1 

SECTION CHANGES MADE BY THE 1963 LEGISLATURE 

PREFACE 

THE OFFICIAL FLORIDA STATUTES OF 1963 

ALPHABETICAL CHAPTER INDEX 

NUMERICAL TITLE AND CHAPTER INDEX 

STATUTES, CHAPTERS 1-379 

VOLUME 2 

PREFACE 

THE OFFICIAL FLORIDA STATUTES OF 1963 
ALPHABETICAL CHAPTER INDEX 
NUMERICAL CHAPTER INDEX 
STATUTES, CHAPTERS 380-965 

VOLUME 3 

TABLE OF CONTENTS 

FLORIDA CONSTITUTION 

UNITED STATES CONSTITUTION 

TABLE OF COURTS 

MORTALITY TABLE 

TRACING TABLES (SESSION LAWS TO STATUTES) 

TABLE OF REPEALED AND INACTIVE SECTIONS 

GENERAL INDEX 

CENSUS OF 1960 



ACKNOWLEDGMENT 



We acknowledge with appreciation the cooperation given by Mr. David V. 
Kerns, Director of the Legislative Reference Bureau, with the Statutory Revi- 
sion and Bill Drafting Department of the Attorney General's office in exchange 
of indexes, summaries, and revision of sections and chapters, which have im- 
proved the field of continuous law reform. 

We also acknowledge the fine service rendered by the following Special As- 
sistants to the Attorney General before and during the 1963 Session of the 
Legislature in preparing either daily bill summaries for the Reference Bureau 
or drafting bills, resolutions and other statutory materials in the Statutory 
Revision and Bill Drafting Department. 



Gerald Mager 
A. John Alberti 
A. J. Cristol 
Ed Sirkin 
Buck Bird 
James T. Carlisle 
Tom Carlos 
Graham Carothers 
Tad Davis 



George Fehl 
Robert E. Huebner 
Donelson Jones 
Harold D. Lewis 
Marvin Ira Moss 
Brian Sanders 
Arden Siegendorf 
Robert Ulrich 
Stuart E. Wilson 






PREFACE 



The official Florida Statutes printed in three volumes and published every two 
years following the regular session of the legislature, is the most efficient sys- 
tem known to keep all of the general laws in an up-to-date convenient form 
for speedy reference. This system was promoted by prominent members of The 
Florida Bar first in 1939 when the existing Florida statutory law was revised 
and adopted as the official statutory law of Florida, and again in 1949 when the 
system was reestablished. A conference with a committee of attorneys, repre- 
senting The Florida Bar in 1948, convinced me that the legal profession in 
Florida and governmental agencies in particular, needed an improved method 
for quick access to Florida statutory law. A qualified director for the Statutory 
Revision Department was immediately appointed when I became Attorney Gen- 
eral in 1949. The excellent response received from government officials and at- 
torneys throughout the state upon the reactivation of the continuous revision 
system reflects a keen interest in the active use of this important legal tool. 

The recommendation of the Florida Bar Committee on Revision that we print 
the statutes in three volumes has met with universal approval; therefore this 
policy will be continued. Numerous requests have influenced us to include the 
United States Constitution, the Florida Constitution, and other miscellaneous 
matter in Volume III along with the general index. This should be more con- 
venient for reference purposes. 

The efficient drafting of bills in statutory form by specially trained personnel 
in our office for members of the Legislature, and improved methods of editing 
coupled with experience on the part of a selected editorial staff, has already 
resulted, not only in expediting the preparation of material for publication, 
but has exerted considerable influence on improving the wording and the me- 
chanical process of statutes. 

The practicing attorneys, governmental departments, and the judiciary have 
contributed many helpful suggestions for continuous improvement in the index 
so necessary in finding the law. We appreciate the many letters received con- 
cerning the use of "The Official Florida Statutes" and the numerous comments 
since we are constantly seeking ways and means for making this publication 
more useful for those who use it. 

I commend the personnel of the Statutory Revision Department for the ex- 
cellence of their work, and the members of The Florida Bar and the Legis- 
lature for promoting and supporting Florida's efficient continuous revision 
plan for keeping our statutory law up-to-date. 

RICHARD W. ERVIN 
Attorney General 



An explanation of the subject matter, purpose, plan, and the 
organization of 

THE OFFICIAL FLORIDA STATUTES 

1963 

BIENNIAL PUBLICATION 

The official Florida Statutes, in three volumes, are printed every two years in a 
completely new revision to keep the statutory law up-to-date. 

The biennial plan of printing statutes is a plan which has been in successful 
use in some states for over fifty years. It is a preventive and a cure for the 
overgrowth of statutes. Since many of our statutes are short lived, the dead 
sections are removed and buried each two years. This procedure makes room 
for new statutes. The amendments and new laws of each succeeding legislature 
are meshed in with the standing statutes. Subject matter is gradually con- 
solidated and often revised into single chapters, reducing the volume of reading 
matter. 

The biennial edition of the statutes also affords members of the legislature 
a complete compilation of all the active general law enacted from 1885 through 
1963 in a form convenient for study and improvement. Legislators can better 
acquaint themselves with what the law is and can amend or reject changes with 
understanding. A section or chapter method of revision with intelligent legisla- 
tive judgment usually results in a gradual improvement of existing law. 

The legislature has authorized the inclusion in this edition of the state-wide 
laws enacted at any special or regular session since 1961. These new laws have 
been edited but not changed. New decimal section numbers are assigned when 
the general law is converted into statutory form. History notes are added to 
record the legislative chapter and section of the law, which becomes a part of 
the general statutory law of the state. 

The legislature at each session officially adopts all previously published ses- 
sion laws in statutory form. The 1963 laws included in statutory form are prima 
facie evidence of the existence of such laws until officially adopted by a subse- 
quent legislative act in 1965. 

FORMER REVISIONS AND COMPILATION 

The laws of general application of the territory of Florida and of the State 
of Florida have either been compiled unofficially or revised under authority of 
law and adopted as official statutes in the following publications to wit : Duval's 
Compilation of Territorial Laws, 1840 (compilation) ; Thompson's Digest, 1847 
(compilation) ; Bush's Digest, 1872 (compilation) ; McClellan's Digest, 1881 
(compilation) ; Revised Statutes (R. S.) 1892 (revision enacted as a law) ; Gen- 
eral Statutes (G. S.) 1906 (revision enacted as a law) ; Revised General 
Statutes (R. G. S.) 1920 (revision enacted as a law) ; Compiled General Laws 
(C. G. L.) 1927 (compilation unofficial) ; Official Revised Florida Statutes (F. S.) 
1941 (revision enacted as a law) ; the Florida Statutes of 1949 (F. S. '49) (con- 
solidation of '41 statutes and supplements) ; Florida Statutes of 1951, 1953, 1955, 
1957, 1959 and 1961. 

CONTENTS OF STATUTES 

The Statutes of 1963 adopted by chapter 63-2, contain all the active Florida 
statutory law enacted since 1885, completely up-to-date through the regular 
session of 1963. It is the complete official edition of Florida statutory law. 
(Section 16.19 F.S.). 

All amendments of the Florida Statutes together with new legislation enacted 
by the 1963 legislature, have been compiled and included in this edition (Sec- 
tion 16.44(6) (d), F.S.). The history notes following each section detail the 
source of the law from date of enactment to date of the present publication; 
including the section and chapter number as enacted. 

ADOPTION OF STATUTES AND GENERAL LAW 

All laws in this edition passed prior to 1963 have been officially adopted as 
statutory law in their present form. The effect of legislative adoption is to cure 



any technical defect with reference to title, form, etc. (McConville v. Ft. Pierce 
Bank and Trust Co., 101 Fla. 727, 135 So. 392 ; Christopher v. Mugen, 61 Fla. 
513, 55 So. 273; 63 Fla. 1, 58 So. 486, 89 Fla. 119, 103 So. 414, error dismissed 
46 S. Ct 23, 269 U.S. 594, 70 L.Ed. 430). 

LOGICAL ARRANGEMENT OF TITLES AND CHAPTERS 

The object of any arrangement of statutes is to facilitate the finding of the 
law. Two methods of arrangement are in general use in the United States 
namely: The "logical," grouping of related subjects together, as found in most 
digests, and the "alphabetical," as used in Corpus Juris and American Juris- 
prudence. A few states use a combination of both methods. A majority however 
prefer the "logical" arrangement which we have adopted and use in the Florida 
Statutes. 

We have found it advisable to divide several chapters into parts (Part I, 
Part II, etc.) based on logical organization or related subject matter. 

ALPHABETICAL CHAPTER INDEX 

An alphabetical chapter index will be found in the fore of Volumes I and II. 
This index gives direct reference to all chapters. Chapters are alphabetically 
listed together with the chapter number. 



NUMERICAL INDEX TO TITLES AND CHAPTERS 

The "Analysis of Florida Statutes by Titles and Chapters" in all three vol- 
umes will afford a quick reference to the chapters grouped under the "logical 
organization" system. Familiarity with this index will save much time. 

It lists by chapters groups of related subjects in a general subject field, in 
numerical order. Should a chapter be repealed, transferred, or expired by law, 
the chapter number is followed by the word (repealed), (transferred) or (ex- 
pired) . When vacancies occur in the numerical order, the unused numbers have 
been reserved for future use. A reference to this index will quickly inform one 
whether a chapter is still active. 

Chapters have retained their original numbers except where transferred or 
revised. 

NUMBERING SYSTEM 

The decimal numbering system of identifying sections in each chapter is used 
in Florida. 

All chapters are grouped by general subject matter and each is given a 
number. This chapter number appears in each section to the left of a decimal 
point. The section number appears to the right of the decimal point. Thus sec- 
tion 12 of chapter 16 would be section 16.12 in the chapter. 

In adding a new section preceding section 1 (16.01) of chapter 16 it would 
become: 



(New) 

(Old) 



Section 16.001 
Section 16.01 



In adding a new section between two already existing sections it would ap- 
pear as : 



(Old) Section 16.01 
(New) Section 16.011 
(Old) Section 16.02 



Or 



(Old) Section 16.12 
(New) Section 16.121 

(Old) Section 16.13 



The system provides for vast expansion with addition of new sections as 
needed without necessity for a complete renumbering of existing sections or re- 
organization of titles and chapters. 



INDEX TO SECTION SUBJECTS AT BEGINNING 
OF EACH CHAPTER 

At the beginning of each chapter you will find a Numerical Index to section 
subjects within the chapter. Should skips appear in section numbers, the sec- 
tion has been repealed or deleted by law or transferred. 

When sections have been deleted the section number together with history 
notes, giving the chapter number of the general session law authorizing the de- 
letion, is transferred to the "Table of Repealed and Inactive Sections" in Vol- 
ume III. Our policy is to assign new section numbers to new matter rather than 
reassign used section numbers. History notes will give full information on any 
deviation from this policy. 

HISTORY NOTES AND CROSS REFERENCES 

History notes have been carefully compiled, checked for accuracy with 
original session laws, and brought completely up-to-date. Beginning with the 
1957 edition of the Statutes history notes will cite the researcher to the par- 
ticular paragraphs or subsections affected by each amendment. The lawyer will 
find them dependable and convenient to use. 

Immediately following history notes, related or qualifying laws are fre- 
quently noted in the form of cross references. 

GENERAL INDEX 

An index has never been prepared which has been entirely satisfactory to 
all members of the bench and bar. It is doubtful whether that Utopia will ever 
be reached. 

No index can contain every possible entry. An index of such size would be 
incapable of practical use. On the other hand, to index the law only in those 
places where the user of statutes should logically look would not be sufficient 
because many persons are not logical in searching an index. We have attempted 
to reach a happy medium between the logical and the practical approach by 
selecting catch-words and titles that are commonly used. Cross references have 
been reduced to a minimum and a direct reference given to the chapter or sec- 
tion whenever possible in every cross reference. 

We have revised the index so that it will be workable for the greatest num- 
ber of persons. The checking plan which we follow insures that no section has 
been omitted. Every section has been properly indexed under several heads. 

We have attempted to use a noun as a catch-word wherever possible instead 
of an adjective, preposition, a conjunction or an adverb. 

The subject matter with which one is concerned will generally give a key to 
the spot in the index from which to begin the search. 

The index is based on a logical arrangement of the statutes. The user will 
meet with greater success by looking in a place where it should logically be 
rather than relying upon alphabetical uncertainties of the index. 

All indexes at best are inconvenient and time consuming. Continued improve- 
ment can and will be made through suggestions and cooperation of the bench 
and bar with your Statutory Revision Department. 

TABLE OF STATUTORY CHANGES MADE BY THE 1963 LEGISLATURE 

A table of statutory section changes made by the 1963 regular session of 
the legislature will be found on the inside fly leaf of Volume I printed on 
yellow paper. This table will give, (1) the number of the section when any 
change has been made in a section or subsection, (2) the type of change made 
whether amended, repealed, new or transferred, and (3) the number of the ses- 
sion law authorizing the change. This table provides a convenient method of 
quickly finding out whether the law has been changed in any section or chapter. 
(If the section is not listed in this table the law was not changed.) 

TRACING TABLE 

A table, tracing the classification of general laws into the Florida Statutes, 
will be found in Volume III. This table indicates where a particular section of 
a law has been assigned in the statutes. The word "omitted" shown in place of 
a statute section number, indicates that the act is a local or special act or a 
general act of local application and is not in the statutes. To find an omitted 
chapter, consult the volumes of the General or Special Session Laws. 



TABLE OP REPEALED AND INACTIVE SECTIONS 

Preceding the General Index is a table showing repealed and inactive sec- 
tions. 

When a statutory law is repealed or transferred through revision to a new 
location in the statutes the former section number becomes inactive. All in- 
active section numbers have been removed from chapters in the statutes and 
placed in this table, along with history notes to repealed sections. Normally 
when a section becomes inactive the former assigned number is seldom used 
again. As new statutory material is added new section numbers are assigned. 
When a chapter is revised, consolidated or transferred and sections are reas- 
signed a new location, generally the sections get new numbers. 

The table provides a consolidated, ready source of statutory reference to all 
inactive sections along with useful data relating to the disposition of material 
formerly included therein. 

TABLES OP COURTS 

A new tabulation of state, district and county courts revised in 1959 and 
arranged according to jurisdiction beginning with the supreme court down to 
the small claims courts will be found in Volume III. It will give information 
concerning, the date of term of court, and type of courts in each county. 

This tabulation is also arranged alphabetically by counties. A reference 
thereto will save time in determining the courts existing throughout Florida 
in each of the sixty-seven counties. 

CENSUS AND MORTALITY TABLE 

The 1960 Federal Census and the most recent mortality table will be found 
in Volume III. 

FLORIDA CONSTITUTION 

The Constitution of Florida in Volume III with index has been brought up-to- 
date through November 1963 amendments. The index has been meshed in with 
the General Index in order that a person searching for a subject may find 
references to both the constitution and the statutes in one index. The combined 
General Index has proven to be time saving and a convenient reference to 
statutory and constitutional provisions relating to the same general subject 
matter. 

CONSTITUTION OF THE UNITED STATES 

Upon the request of numerous lawyers and agencies, the Constitution of the 
United States with index is printed in Volume III. 

COURT RULES, INTEGRATION RULES AND CODE OF ETHICS 

The court rules, integration rules and code of ethics have been omitted from 
this edition. They have been printed both by the Supreme Court through West 
Publishing Company, and by the Florida Bar for distribution to attorneys, and 
this omission will eliminate a very substantial and unnecessary cost of dupli- 
cation. 

STATUTORY REVISION 

Statutory revision technique works primarily with form rather than sub- 
stance. The Statutory Revision Department of the Attorney General's Office 
often suggests a revision of chapters where improvements are desirable, but no 
change in an existing statute is made without legislative approval. The initia- 
tion of actual revision of substantive law should be sponsored by attorneys, 
judges, legislators, or administrators through specialized committees whose 
members are in close touch with the practice or enforcement of present law. 
The revisors always assist when called upon, and are interested in all projects 
and suggestions which eliminate unnecessary statutes, repetition of words and 
technical defects in the statutes. 

Continuous revision places responsibility for ferreting out conflicts, duplica- 
tions, and eliminating verbosity, circumlocution, obsolete sections, ambiguities, 
and many other technical faults generally found in session laws. Revision in- 
cludes constant and continuous work toward the reclassification and consoli- 
dation of subject matter. It aims toward changing the wording of a law so 



that essential clearness and harmony will exist in order that logical arrange- 
ment and compactness of the statutes may be obtained. Continuous revision 
aims toward simplicity in statement and understanding of meaning by the use 
of, and arrangement of, words and phrases. It helps avoid rhetorical flourishes 
and ornamentations as existed under the common law, and aims toward setting 
forth in clear cut and understandable language the present up-to-date law. 

The revisor's office is a clearing house where lawyers, judges, legislators, and 
administrators may help make better statutory law. Persons calling attention 
to errors, omissions, conflicts and other defects found in the law, can ma- 
terially help this department to improve our Florida Statutes. 

Much valuable time can be saved in original research by reference to the 
improved General Index in the official Florida Statutes for subject matter 
reference and then reading the latest up-to-date complete statutory law on the 
subject in the volumes of the "Florida Statutes." 

CHARLES TOM HENDERSON 

Assistant Attorney General 
Director of Statutory Revision 



EDITORIAL and COMPOSITION STAFF 



Charles Tom Henderson 

Rose D. Kitchen 

Sallye C. Flournoy 

Jewell R. Roemer 



Mary O'Q. Pomeroy 

Dorothy M. Stark 

Berlin Jones 

Greggie M. Hull 

Edith G. Coombs 

Betty B. Hayward _ 

Vivian J. Gould 

Hilda F. Lipsey 

Hildred Y. Casey . 

Dorothy Kehoe 

Jean LaBarbara 

Kitty Glenn 



_ Director-Attorney 
Assistant-Attorney 
Assistant-Attorney 

Editor-Secretary 

Editor-Secretary 

Editor-Proofreader 
Editor-Proofreader 

Proofreader 

Proofreader 

Proofreader 

Secretary 



Catherine C. Comiskey 
Cecelia Lopez 



Secretary to Director 

Secretary 

Secretary 

Secretary 

Secretary 

Clerk 

. Clerk 



ALPHABETICAL CHAPTER 
INDEX 



SUBJECT 
Abatement, parties and 
Abortion 



Absentee, ballots, voting machines ; voting procedure 

Absentees, incompetents, etc., and conservation of their property . 
Abstracts of title 



Accessories to crime 

Accountants, public 

Accounting, trust, law 

Accounts of certain administrative officials 

Accounts receivable 

Actions 

Alienation of affections, etc. 



Commencement, law; process 
Libel, civil 



Limitations of, generally _ 
Pleading of defendant law . 
Pleading of plaintiff law _ 
Venue, joinder, etc. 



Addicts, drug, commitment and treatment 
Adjusters, insurance; part V 



Administration of trusts, uniform law 

Administration unnecessary in certain estates 
Administrative boards, generally 



Administrative officials, compensation and accounts of certain 
Administrative procedure act . 



Administrative adjudication procedure, part II 

Judicial review, part III 

Rule making, part I 

Admission into union; state boundaries 

Adoption 



Adulterated drugs; poisons 

Adultery and fornication 

Adverse possession 



Advertisements, legal and official 
Advertisers, outdoor . 



Affrays ; riots ; routs ; unlawful assemblies . 

Aging, Florida commission on 

Agriculture 

Commercial feed law, Florida 

Commissioner 



Cooperative marketing associations 

Cotton law, sea island 

Department of, state 



Division of administration 

Division of animal industry 

Division of chemistry 

Division of dairy industry 

Division of fruit and vegetable industry 

Division of inspection 

Division of marketing 

Division of plant industry 

Division of standards 

Fertilizers 

Florida seed law 

General laws, etc. 

Honey certification 

Marketing division 



Marketing laws, Florida 

Celery and sweet corn, Part I 
Foliage plant, Part II 
Watermelon, Part III 

Seed certification 



CHAPTER 

45 

797 

101 

747 

703 

776 

473 

737 

111 

524 



771 

47 

770 

95 

52 

51 

46 

398 

626 

691 

735 

455 

111 

120 



6 

72 

_859 

798 

95 

49 

479 

870 

412 

580 

19 

618 

_579 

570 



Tobacco, leaf; regulation of sale 



576 
578 
_604 
586 
603 
573 



575 

574 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Aircraft 
Generally- 



Licensing; pilots 



Offenses concerning 

Airport law of 1945 

Airport zoning 



Airports and air commerce 
Alcoholic beverage law 

Administration 

Enforcement 



CHAPTER 



329 
330 
860 
332 
333 
331 



Alcoholic beverages 

Dispensing and consuming 
Local option elections 



Sale in counties where prohibited 

Alcoholics, rehabilitation of 

Alienation of affections 



Alimony, divorce and custody of children 
Ambulance service contracts 



Anarchy, communism, wearing masks, hoods; offenses concerning 

Anatomical board 

Animals 
Cruelty to 



Deformed, exhibitions 



Division of animal industry, department of agriculture 

Annuity contracts, variable, part XIII 

Anti-heart balm law 

Anti-trust law 

Appeals, criminal 

Appellate courts 

District courts of appeal 

Supreme court of Florida 

Appellate proceedings 

Chancery suits 



County court, county judge's court and justice of peace court 

Criminal 

Generally 

Justice of the peace courts _ 

Apprentices 

Appropriations, general and miscellaneous 

Arbitration law, public utilities 



Arbitrations ; Florida arbitration code 

Archeology 

Architects 

Arraignment . 



Arrest of judgment . 

Arrests 

Arson 



Ascertaining results and conducting elections 

Assault and battery; mayhem; criminal culpable negligence 
Assemblies 

Disturbing, religious and other 

Subversive activities 



Unlawful; affrays, routs, riots 



Assignment and cancellation of mortgages 
Assignments, generally 



Association, foreign unincorporated 

Attachments, generally 

Attempts to commit crimes 

Attorney general 



Attorney, power of, and similar instruments 

Attorney, state 

Attorneys at law 



Auctioneers, offenses by 

Auditing department, state 

Authority, inter-American center 
Automobile clubs 



Automobile inspection and warranty associations 
Automobile race meets 



561 
562 

569 
567 
568 
396 
771 
65 
638 
876 
245 

828 
867 
585 
627 
771 
542 
924 

35 
25 

59 

59 

924 

59 

59 

446 

282 

453 

57 

376 

467 

908 

920 

901 

806 

102 

784 

871 
876 
870 
701 
727 
622 

76 
776 

16 
709 

27 
454 
839 

21 
554 
649 
634 
549 



ALPHABETICAL CHAPTER INDEX— (Cont.) 

SUBJECT 

Aviation study and advisory commission, part V 

Bail, bonds; bondsmen; runners 



Ballots, voting machines, absentee; voting procedure 
Banks and trust companies 
Banking code 
First part 



CHAPTER 

13 

903 

101 



Second part 

Third part 

Fourth part 

Credit unions 

Industrial savings banks 

Morris plan banks 

Savings banks 



Bar pilots, regulation of boats used by 
Barbers 



Barbiturate act, Florida 

Basic science law, Florida — hypnosis 

Florida basic science law, part I 

Hypnosis, part II 
Bastardy 



Bath houses ; swimming or bathing places 

Beach and shore preservation 

Beautification of waterways 

Bedding inspection 

Beef, stamping 

Beverage law 



Administration 

Dispensing and consuming of liquor and beverages 
Enforcement 



Intoxicating liquors in counties where prohibited 

Local option elections 

Bigamy 



658 
659 
660 
661 
657 
656 
656 
654 
311 
476 
404 
456 



742 
514 
161 
342 
556 
534 

561 
569 
562 
568 
567 
799 



Bills and notes 
Blind, council for the 



_674-676 
413 



Board of commissioners of state institutions 
Generally 



Divisions of corrections, child training, etc. 

Board of conservation, state .— . , 

Board of control 



Board of control, miscellaneous provisions 

Board of examiners of psychology 

Board of public health 

Board of regents 



Boats and vessels adrift; wrecked cotton; lumber adrift . 
Boats, regulation of, used by pilots . 



Bond, general, primary, special and referendum elections 

Bonds 

Bail . . 

County . 

County officers 

Employees of common carriers 

General refunding law 



Municipal revenue refinancing law 

Refunding of counties, cities, etc. 

Revenue, act of 1953 

Surety, part XI 

Validation . 



Bottles and boxes, stamped or marked 
Boundaries 

Counties 



State of Florida 



Boxing 

Brake fluid, sale of, part II 
Bribery 



Bridges and roads 

Bridges and toll facilities 
Bucket shops 



272 

__ 965 

370 

240 

243 

490 

381 

240 

706 

311 

100 

903 

130 

137 

452 

132 

181 

131 

159 

627 

75 

506 

7 

6 

548 

__ 526 

838 

_334-349 

338 

__ 851 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 

Budget commission 

Budget planning, part II 

Building and loan associations 

Incorporation and business of; domestic 

Insolvency 



Voluntary dissolution 



Buildings and other structures, malicious injury to 

Bureau of vital statistics 

Burglary 



Candidates, campaign expenses and contesting elections 
Carriers 

Auto transportation companies 

Bonds of employees 



Claims for lost or damaged freight . 
Eminent domain, right of 



Express companies, payment of claims, rates . 

Fencing railroads 

Lien and enforcement 

Motor carriers 



Passengers and freight, duties to 

Eailroad and public utilities commission . 

Kailroad crossings 

Special officers for . 



Special powers of railroads ; tolls 

Taxes of railroads, pullman and express companies . 
Tickets, sale and redemption . 



Trains, duties of railroads in operating . 
Casualty insurance contracts, part X 



Celery and sweet corn marketing law, part I . 

Cemetery act, Florida, part IV 

Certification seed law 



Certified public accountants 
Chancery 

Appellate proceedings 



Jurisdiction and procedure 
Jurisdiction over property 



Change of venue and transfer of causes 
Chattel mortgages 



Checks and drafts, issuing worthless 
Child labor 



Child molester act 

Child training schools, division of . 

Child welfare 

Children 

Adoption of 

Commission 

Cruelty to 



Custody of; divorce, alimony 

Dependent and delinquent, juvenile courts _ 
Detention homes and schools for delinquent . 
Labor 



Molester act 

Mothers with dependent 

Psychiatric centers, part II 

Sunland training centers 

Welfare . 



Children's commission 

Chiropody 

Chiropractic 

Cigarette tax 

Circuit court 

Clerk 



CHAPTER 

216 

559 



Campaign expenses, candidates and contesting elections 

Canal authority — navigation districts — waterways development 

Canal authority, part I 

Navigation districts, part II 

Waterways development, part III 
Canal companies ; special powers, tolls . 



665 
667 
666 

822 
382 
810 
99 
374 



360 
99 

323 
452 
353 
361 
359 
356 
355 
323 
352 
350 
357 
354 
360 
195 
358 
351 
627 
573 
559 
575 
473 

59 

62 

66 

53 

698 

832 

450 

801 

965 

417 

72 
417 
828 
65 
39 
416 
450 
801 
414 
394 
393 
417 
417 
461 
460 
210 

28 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Circuit court — (Cont.) 

Commissioners 

Generally 

Judges 



Citrus code, Florida 

Citrus marketing act, Florida 

City and county quadricentennial commission, part IV . 

Civil actions for libel 

Civil court of record 

Civil defense 



Claims for lost and damaged freight . 
Clerk of circuit court 



Close corporations, part II 
Collateral securities 



CHAPTER 



31 

26 

26 

601 

600 

13 

770 

33 

252 

353 

28 

608 

685 



Combinations in restraint of trade 
Commerce, restricting 



Florida meats, combinations against . 

Motor vehicles, restricting financing of _ 
Musical composition, restricting use of _ 
Commencement of suits at law and process 
Commercial discrimination 



Commercial feed law, Florida 

Commercial restrictions, violations of certain 
Commission merchants 



Commissioner of agriculture . 

Commissioner of deeds 

Commissions 



Commissions, miscellaneous, parts I-V 

Commitments to Florida schools for boys and. girls 

Common law declarations of trust 

Common law in force 



Communism, anarchy, wearing masks, hoods ; offenses concerning 

Compensation of certain officials 

Compensation of county officials - 

Comptroller 

Condemnation proceedings 

Generally 

Supplemental 

Condominium act 

Conducting elections and ascertaining results 

Confederate flag 



Confederate pensions _ 
Congressional districts . 
Conservation 
Archeology 



Flood control 

Geological department 

Motorboat regulation, parts I and II 
Oil and gas resources 

Outdoor recreation 



Salt water fisheries ; conservation, board of . 

Shore and beach preservation 

Water resources 

Weather modification 

Conspiracy 



161, 



Constitution of United States, conventions for ratifying or rejecting pro- 
posed amendments 



Constitutional governmental commission, part II 

Constructive service of process 

Consumer financing, discount 



Contesting elections, candidates and campaign expenses 
Continuance of criminal trial 



Continuity of government, emergency . 

Contracts 

Certain unenforceable 

Life care 

Kecording 



542 
544 
545 
543 

47 
540 
580 
865 
522 

19 
118 
113 

13 
958 
609 
2 
876 
111 
145 

17 

73 

74 
711 
102 
256 
291 
8 

376 
378 
373 
371 
377 
375 
370 
370 
373 
373 
833 

107 
13 
48 

519 
99 

916 
22 

725 
651 
696 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Conveyances 

Corporations, by . 



Fraudulent, sales and loans 

Land, and declarations of trust 

Married women's interest in real estate . 
Recording 



Validated by statute, certain 



Cooperative associations, nonprofit 

Cooperative marketing associations, agricultural 
Corporations 
Close, part II 



Conveyances by 
Foreign 



Generally, part I 
Not for profit 



Corporations not for profit, part I 
Scholarship plan, part II 
Private school 



Professional service . 
Stock transfer law _ 



Corrections code, Florida 
Corrections, division of 



Corrections, division of; state board of institutions 

Cosmetics, food and drugs 

Cosmetology law 

Costs, criminal cases 

Costs of court 

Cotton 

Sea island 

Wrecked 

Counties 

Annual budget 

Bonds . 



Bonds, general refunding law 
Boundaries 



Buildings ; erection, maintenance, lease, etc. 
Commissioner districts 



Commissioner; power, duties and compensation 
Depositories 



Drainage by counties 

Drainage of swamp and overflowed lands 
Eminent domain, right of 



Erosion prevention districts 

Finance and financial regulations 

Fine and forfeiture fund 

Hospitals 



Intoxicating liquors prohibited 

Libraries, free public 

Mosquito control 

New 



Prisoners 

Public health unit 

Refunding bonds, etc. 

Retirement system, officers and employees 

Retirement system, supplemental 

Revenue bond act of 1953 



Road and bridge indebtedness ; board of administration, etc. 

Road system (Florida highway code) 

School system, generally 

Seats, official 



Tangible personal property 



Water system and sanitary sewer . 

Financing law, part I 

District law, part II 
County commissioners 
Districts 



Powers, duties and compensation 
County courts 



CHAPTER 



692 
726 
689 
693 
695 
694 
619 
618 



608 
692 
613 
608 
617 



623 
621 
614 
944 
945 
965 
500 
477 
939 
58 

579 

706 

129 
130 
132 
7 
135 
124 
125 
136 
157 
156 
127 
158 
128 
142 
155 
568 
150 
388 
126 
951 
154 
131 
122 
410 
159 
344 
336 
230 
138 
274 
153 



124 

125 

34 



ALPHABETICAL CHAPTER INDEX— (Cont.) 

SUBJECT 

County judge, court of, criminal proceedings in 

County judge's courts . 



County judges; salaries; budgets 

County officers 

Compensation, generally 

Official bonds 

Surveyor 



County public money, handling by state and county . 

County road system (Florida highway code) 

Court costs 



Court provisions, miscellaneous 

Court reporters, official 

Courts 

Chancery, jurisdiction, generally 



Chancery, jurisdiction over property 
Circuit 



Civil court of record 
County 



County judge's 

Criminal court of record . 
District courts of appeal . 
Generally 



Justice of peace 

Juvenile 

Small claims 



Supreme, Florida 



Cream and milk products 

Credit life and disability insurance, part VIII 
Credit unions . . 



Crime against nature; indecent exposure 

Crimes 

Definitions ; general penalties ; registration of criminals . 

Miscellaneous crimes 



Principal and accessories; attempts 

Criminal court of record 

Criminal procedure 

Appeals, generally 

Arraignment 



Arrests and warrants 

Bail bonds, bondsmen and runners 
Continuance 



Coroner and coroner's jury . 
Costs in criminal cases . 



Courts of county judge and justice of peace; proceedings in 

Defendant, when shall be present 

Dismissal of prosecution 

Execution of sentence 



Executive clemency, suspension and reprieve . 

Extradition of fugitives from justice 

Extradition of witnesses, interstate 

Forms, indictment and other forms 

Generally 

Grand jury 



Indictment and information 

Inquests of the dead 

Judges, change of 

Judgment and sentence 

Jurisdiction and venue 

Jury, conduct of 



Jury trial, waiver of 

Mental condition of defendant, proceedings to determine 

Motion for new trial and arrest of judgment 

Motions to quash and pleas 



Parole and probation, general provisions 

Paroles and parole commission 

Pleas and motions to quash 



Preliminary examination and hearing 

Probation by courts and parole commission 



CHAPTER 

937 

36 

44 



145 

137 

143 

219 

336 

58 

69 

29 

62 

66 

26 

33 

34 

36 

32 

35 

43 

37 

39 

42 

25 

502 

627 

657 

800 

775 

877 

776 

32 

924 
908 
901 
903 
916 
936 
939 
937 
914 
915 
922 
940 
941 
942 
923 
925 
905 
906 
936 
911 
921 
910 
919 
912 
917 
920 
909 
949 
947 
909 
902 
948 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Criminal procedure — (Cont.) 

Process upon indictment and information . 

Prosecutions, method of 

Search warrants 



Sentence and judgment 

Supplemental provisions 

Trial jury and challenges 

Trial proceedings, generally 

Venue and jurisdiction 

Venue, change of 

Warrants and arrest 

Crippled children's commission 

Crop mortgages 



Cruelty to children and animals 

Culpable neglience; mayhem; assault and battery 
Custody of children ; divorce ; alimony 



Dams, ferries, toll bridges and log ditches 

Dead bodies and graves, offenses concerning 

Dead, inquest for 

Declarations of trust 

Common law 



Conveyances of land, generally 



Declaratory decrees, judgments and orders 
Deeds, commissioner of 



Defamation ; libel ; threatening letters and similar offenses 

Default 

Defendant 
Pleadings 



Presence at criminal trial 

Defender, public, part II 

Defense, civil 

Definitions 



Definitions; general penalties; registration of criminals 
Deformed persons and animals, exhibitions 



Dentistry, dental hygiene and dental laboratories 

Department of public welfare 

Depositories, county 



Derelict property, generally 

Desertion; drunkenness; vagrancy 
Detectives, private and agencies 



Detention homes and schools for delinquent children 
Development commission, Florida 



Development corporation; Florida industrial 

Development, waterways, part III 

Devices issued in payment for labor . 



Disability of nonage of minors removed 

Discount consumer financing 

Diseases, venereal 

Dismissal of prosecution 



Dispensing and consuming of liquor and beverages 
Dispensing opticians 

District courts of appeal 



Disturbing religious and other assemblies 

Division of animal industry, department of agriculture 
Division of corrections 



CHAPTER 



907 
904 
933 
921 
932 
913 
918 
910 
911 
901 
391 
700 
828 
784 
65 
347 
872 
936 



Division of marketing, department of agriculture 

Division of plant industry, department of agriculture 

Divisions of corrections, child training schools and mental health 

Divorce, alimony and custody of children 

Documentary stamp excise tax law 

Dog racing and horse racing 

Dogs, damage by 

Domestic building and loan associations, incorporation and business of 
Drainage 

Counties . 

Generally 

Swamps and overflowed lands 

Drive-in theatres 



609 
689 

87 
118 
836 

50 

52 
914 

27 
252 
1 
775 
867 
466 
409 
136 
705 
856 
493 
416 
288 
289 
374 
532 
743 
519 
384 
915 
569 
484 

35 
871 
585 
945 
603 
581 
965 

65 
201 
550 
767 
665 

157 
298 
156 
555 



ALPHABETICAL CHAPTER INDEX— (Cont.) 

SUBJECT 
Drivers' licenses 

Drug addicts, commitment and treatment of narcotic . 

Drugs 

Adulterated; poisons 

Barbiturate law 

Generally 



CHAPTER 

322 

398 



Narcotic, uniform law 
Opium dens 

Drunkenness 

Dueling 



Duties and powers of officers- 
Easements 



Educational extension act of 1963, part II 

Educational institutions law; revenue certificates 
Egg commission, Florida 



Eggs, classification and sale of . 

Ejectment 

Election code 



Candidates, campaign expenses and contesting elections 
Conducting elections and ascertainng results 



General, primary, special, bond and referendum elections 
Local option 



Presidential electors; political parties; executive committees and 
members 

Qualification and registration of electors 

Eegistration office, officers and procedure , 

Violations; penalties 



_ 859 

_ 404 

_ 500 

_ 398 

_ 846 

.__ 856 

_ 783 

_ 116 

._ 704 

_ 239 

_ 243 

_ 504 

._ 583 

_ 70 
97-104 

__ 99 

_ 102 

_ 100 

_ 567 



Voting; ballots, voting machines, absentee; procedure 

Electric plants, municipal 

Elevators 

Embezzlement 



Emergency continuity of government . 
Eminent domain 
Counties, right of . 



Generally, and proceedings . 



Proceedings, supplemental to 

Public utilities, power of 

Employees trust benefit law 

Employment agencies, private 

Enforcement of statutory liens 

Engineers, professional 



Enticing away unmarried women _ 
Equipment safety compact, vehicle 

Erosion prevention districts 

Escheats, forfeiture, etc. 

Estate taxes 



Estrays 

Everglades fire control 

Evidence 

Admissibility 

Witnesses 



Execution of criminals 

Executions, judgments and 
Executive clemency 



Executive committees ; political parties ; presidential electors 

Exemptions and homestead, method of setting apart 

Exhibition of motion pictures . 



Exhibitions, deformed persons and animals 
Expenses, state officers 



Explosives, distribution, manufacture and use 
Express companies 

Carrier's lien and enforcement 



Claims for lost or damaged express 

Payment of claims ; rates 

Special officers 

Taxation 



103 

97 

98 

104 

101 

172 

399 

812 

22 

127 
73 
74 
361 
441 
449 
86 
471 
795 
325 
158 
716 
198 
707 
379 

92 
90 
922 
55 
940 
103 
222 
521 
867 
112 
552 

355 
353 
359 
354 
195 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Expressway authorities 
Jacksonville 



Orlando-Orange county, part III 

St. Petersburg, part I 

Tampa-Hillsborough county, part II . 

Extension institute, part II 

Extradition 

Uniform interstate law 

Witnesses 



Factors liens, part II . 
Fair trade law 



Fairs and expositions 

Public 

State 



False imprisonment and kidnaping 

False pretenses, frauds, and other cheats 

Fencing, and evidence in livestock cases, railroads 
Fencing law 



Ferries, toll bridges, dams and log ditches 

Fertilizer, agricultural 

Fictitious name statute 



Fiduciary funds, investment of 

Fiduciary security transfers, uniform act 
Fighting; marathons 



Financial matters, generally 

Financial matters pertaining to political subdivisions 

Financial responsibility law, motor vehicles 

Fine and forfeiture fund, county . 



Fire and going-out-of-business sales, part Ill- 
Fire control, Everglades 



Fire insurance trust fund, state . 

Fire marshal, state 

Firearms and weapons 

Fireworks, sale of 

Fish 

Fresh water 

Salt water 



Fisheries, salt water 

Flags, State, United States and Confederate 
Flood control 



Florida air pollution control commission 
Florida arbitration code 



Florida aviation study and advisory commission, part V 
Florida barbiturate act 



Florida basic science law — hypnosis . 

Florida basic science law, part I 

Hypnosis, part II 

Florida board of forestry 

Florida cemetery act, part IV 

Florida citrus code 



Florida citrus marketing act _ 
Florida commercial feed law _ 
Florida commission on aging 

Florida corrections code 

Florida cosmetology law 



Florida crippled children's commission 
Florida development commission 



Florida educational television commission 
Florida egg commission 



Florida gas piping systems safety code - 
Florida highway code 



Florida industrial development corporation 
Florida installment land sales law 



Florida library and historical commission 
Florida marketing laws 



Celery and sweet corn marketing law, part I 
Foliage plant marketing law, part II 
Watermelon marketing law, part III 



CHAPTER 
349 



348 
239 

941 

942 

85 

541 

616 
615 
805 
817 
356 
588 
347 
576 
865 
518 
610 
785 
215 
218 
324 
142 
559 
379 
284 
633 
790 
791 

372 
370 
370 
256 
378 
403 
57 
13 
404 
456 



_ 589 

__ 559 

.__ 601 

_ 600 

_ 580 

_ 412 

__ 944 

.___ 477 

_ 391 

288 

_ 246 

_ 504 

_ 368 
334-339 

__ 289 

_ 478 

_ 257 

_ 573 



ALPHABETICAL CHAPTER INDEX— (Cont.) 

t SUBJECT 

Florida nuclear code and southern nuclear compact law 

Florida public utilities commission . 



Florida school for boys at Marianna, the _ 
Florida school for boys at Okeechobee, the . 
Florida school for girls at Ocala, the 



Florida school for girls at Forest Hill, the 
Florida state guard 



Florida state hospitals, part I_ 



Florida Statutes, revision department 

Florida turnpike authority 

Florida watchmakers' commission 

Fluids, brake; sale of, part II 



Foliage plant marketing law, part II 
Foods, drugs and cosmetics . 



Forcible entry and unlawful detainer _ 

Foreclosure of mortgages, generally 

Foreign building and loan associations 
Foreign corporations 



Foreign limited partnerships, part II 
Foreign unincorporated associations 

Forestry practice act 

Forests 



Board of forestry, Florida 
Development 



National, trust fund 

Protection 

Forfeitures, escheats, etc. 

Forgery and counterfeiting . 

Fornication and adultery . 



Frauds, false pretenses, and other cheats 

Fraudulent conveyances, sales and loans 

Freedealers 

Freight 

Duties of railroads to 

Lost or damaged, claims for 

Fresh water fish and game 

Frontons 

Frozen desserts 



Fuels, liquid ; sale of, part I 

Fugitives from justice, extradition 
Funeral directors and embalmers .. 
Gambling 



Game and fresh water fish commission . 

Game laws, generally 

Garnishment, generally 



Gas and oil resources, conservation of 

Gas, liquefied petroleum; sale of 

Gas piping systems safety code 

Gas plants, municipal 



Gasoline and like products, taxes on 

Gasoline and oil inspection 

General assignments 



General, primary, special, bond and referendum elections 

Gifts to minors 

Governor 

Grand jury 



Grants to riparian owners 

Graves and dead bodies, offenses concerning 

Gross receipts taxes, generally 

Group insurance, public employees 

Guardianship 

Veterans, supplemental law 

Veterans, uniform law 

Guardianship law, Florida 

First part 

Second part 

Third part 

Habeas corpus 



CHAPTER 

290 

350 

955 

955 

956 

956 

251 

394 

16 

340 

489 

526 

573 

500 

82 

702 

668 

613 

620 

622 

492 



589 
591 
254 
590 
716 
831 
798 
817 
726 
62 

352 
353 
372 
551 
503 
526 
941 
470 
849 
372 
372 

77 
377 
527 
368 
172 
208 
525 
727 
100 
710 

14 
905 
271 
872 
203 
112 

294 
293 

744 

745 

746 

79 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Harbor masters 

Certain specified ports 
Ports in general 



Harbors and ports, protection of . 

Hazardous occupations 

Health 
Mental 



CHAPTER 



314 
313 
309 
769 



Nuisances injurious to . 

Public, generally 

State board of 



Units, public, in county 

Highway code, Florida 

Construction; contracts, land acquisition 

County road system 

Financing, miscellaneous 



Highway administration , _ 

Limited access facilities, bridges and toll facilities ; public utilities — 

State highway system 

Highway patrol 

Highways, regulation of traffic on 

Hillsborough county expressway authority, Tampa, part H 

Historical memorials and parks, board of 

Holidays, legal 

Homes for aged 

Homestead and exemptions, method of setting apart 

Homicide 



Honey certification law _ . 

Horse racing and dog racing 
Horticulture 



Hospital and medical service plans 
Hospitals 
County 



Florida state 

Indigent, service for 

Licensing and regulations . 

Nursing homes 

Service plans 

Tuberculosis 



_ 402 
_ 386 
_ 380 
_ 381 
_ 154 
.334-339 
_ 337 
_ 336 

339 

334 
338 
335 
321 
317 
348 
592 
683 
400 
222 
782 
586 
550 
604 
641 

155 
394 
401 
395 
400 
641 
392 



Hotel and restaurant commission (1955 consolidation of 

chapters 509-511) 509 

Hotels 

Commission, hotel and restaurant (1955 consolidation of chapters 
509-511) 



Sanitary inspection 



House of representatives, and state senate 
Housing 

Authorities law 



Authorities, tax exemptions _ 
Companies, limited dividend 
Cooperation law 



Husband and wife, generally _ 
Hygiene, maternity and infant 
Hypnosis, part II 



Ice cream and frozen desserts . 

Incompetents, absentees, etc. and conservation of their property 

Indecent exposure; crime against nature 

Indian reservation for Seminoles 

Indictment and information 

Form of 

Generally 

Process upon 



Industrial development corporation, Florida 

Industrial saving banks 

Infancy hygiene 



Injunctions, generally 

Injury to realty, trespass and similar offenses 

Installment land sales law, Florida 

Installment sales finance act, part III 



509 

385 

10 

421 
423 
424 
422 
741 
383 
456 
503 
747 
800 
285 

923 
906 
907 
289 
656 
383 
64 
821 
478 
520 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 

Institutions of higher learning 

Instruments deemed mortgages _ 
Insurance 

Ambulance service contracts 

Automobile clubs 



CHAPTER 

241 

697 



Automobile inspection and warranty associations 

Burial insurance and contracts 

Code 

Accounting, investment and deposits 

Administration of deposits, part III 

Assets and liabilities, part I 

Investments, part II 
Administration and general provisions 

Authorization of insurers and general requirements, part III 

Fees, taxes and funds, part IV 

Insurance commissioner, the, part II 

Kinds of insurance, limits of risk; reinsurance, part V 

Scope of code, part I 

Alien insurers, trusteed assets, domestication 

Field representatives and operations 



Disability insurance agents, part IV 
General lines agents and solicitors ; 

qualifications and requirements, part II 
Insurance adjusters, part V 
Insurance representatives; licensing procedures 

and general requirements, part I 
Life insurance agents, part III 
Trade practices and frauds, part VII 
Unauthorized insurers and surplus lines, part VI 
Fraternal benefit societies 



638 
649 
634 
639 

625 



624 



630 
626 



Organization and corporate procedures of stock 

and mutual insurers , 

Rates and contracts 



Casualty insurance contracts, part X 
Credit life and disability insurance, part VIII 
Disability insurance policies, part VI 

Group, blanket and franchise disability insurance, part VII 
Group life insurance, part V 
Industrial life insurance policies, part IV 
Insurance contract, the, part II 

Life insurance policies and annuity contracts, part III 
Premium finance companies, part XIV 
Premium financing, part XV 
Property insurance contracts, part IX 
Rates and rating organizations, part I 
Surety insurance contracts, part XI 
Title insurance contracts, part XII 
Variable annuity contracts, part XIII 
Reciprocal insurers 



632 

628 
627 



Rehabilitation and liquidation 
Fire marshal, state 



Hospital and medical service plans 
Life care contracts 



Mortgage guaranty insurance, regulation of 

Social security and public employees , 

State fire insurance trust fund 

Intangible taxes 



Inter-American center authority 
Interest and usury . 



Internal improvement trust fund 

Interstate cooperation commission, part I 

Intoxicating liquors in counties where prohibited 

Investigative agencies, patrol agencies, etc., private 

Investment of fiduciary funds 

Jacksonville expressway authority 

Jai alai game 



Jail and jailors . 

Joinder, venue, etc., of actions 



629 
631 
633 
641 
651 
635 
650 
284 
199 
554 
687 
253 

13 
568 
493 
518 
349 
551 
950 

46 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Judges 

Change of, in criminal cases 
Circuit 



CHAPTER 



County; salaries; budgets 
General provisions 



Judgment and sentence 

Judgments and executions 

Judgments, declaratory decrees and orders 
Judicial circuits 



Judicial review, administrative procedure act, part III 

Juries and jury lists 

Certain county judges' courts 

Generally 

Jury 



Conduct of 

Grand 

Trial 



Trial, waiver of . 



Justice of the peace courts 
Appellate proceedings 



Civil proceedings, and forms 

Criminal proceedings 

Generally 



Juvenile courts 

Kidnaping and false imprisonment 
Labor 

Child 



Devices issued in payment for . 
Organizations 



Regulations, general 
Land surveyors 



Landlord and tenant, generally 
Lands, public 



Larceny; receiving stolen goods and related crimes 
Lawyers 



Leaves of absence for officials 

Legal and official advertisements 

Legal fences and livestock at large 
Legal holidays 



Legislation, generally 
Legislature 



Libel, civil action for 

Libel, defamation ; threatening letters and similar offenses 

Library and historical commission 

Library, county free public 

Library, state 

licenses 

Drivers' 



Motor vehicles . 
Retail store 



Taxes, generally 



Licensing aircraft and pilots . 

Liens 

Carrier's; enforcement 

Enforcement of statutory . 
Generally 



Factors', part II 
Miscellaneous, part I 

Mechanic's lien law 

Life care contracts 

Life insurance 

Agents, part III 

Group, part V 



Industrial policies, part IV . 



Policies and annuity contracts, part III . 

Liquefied petroleum gas, sale of 

Limitations, actions generally 



911 
26 
44 
38 

921 
55 
87 
26 

120 

41 
40 

919 
905 
913 
912 

59 
81 

937 
37 
39 

805 

450 
532 
447 
448 
472 

83 
270 
811 
454 
115 

49 
588 
683 

11 

10 
770 
836 
257 
150 
257 

322 
320 
204 
205 
330 

355 
86 
85 



84 
651 

626 
627 
627 
627 
527 
95 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 



Livestock 
Fencing 



Marks and brands of 

Mortgages and other instruments relating to 
Railroads ; fencing and evidence . 



Loans and sales, fraudulent conveyances 

Loans, small loans businesses 

Local option elections . 



Lumber adrift; wrecked cotton; boats and vessels adrift. 
Lumber and timber 



Malicious injury to buildings and structures 
Manslaughter _ 



Maps and plats, municipal 
Marathons ; fighting 



Marketable record titles to real property . 
Marketing act, Florida citrus 



Marketing associations, agricultural cooperative . 

Marketing division, department of agriculture 

Marketing laws, Florida 



Celery and sweet corn marketing law, part I 
Foliage plant marketing law, part II 
Watermelon marketing law, part III 

Marks and brands of livestock; stamping beef . 

Married women 

Conveyance of interest in real estate 

Freedealers 

Property 



Masseurs and masseuses 

Maternity and infancy hygiene 

Mayhem 

Measures, weights and standards 

Meats, Florida, combinations against 

Mechanic's lien law 

Medical practice act 

Medical technology 

Memorials 

Mental health 



Mental health, division of 

Merit system of personnel administration 

Method of setting apart homestead and exemptions 
Midwifery 



Military code 

Milk commission 

Milk, cream and milk products 
Mines, waste from 



Minors, disabilities removed . 
Minors, gifts to 



Miscellaneous commissions 

Aviation study and advisory commission, Florida, part V 

City and county quadricentennial, part IV 

Constitutional government, part II 

Interstate cooperation, part I 

State quadricentennial, part III 

Miscellaneous court provisions 

Miscellaneous liens, part I 



Misconduct by public officers and employees 

Molester act, child 

Morris plan banks 



Mortgage brokerage law 

Mortgage guaranty insurance, regulation 

Mortgaged property, sale of; and similar offenses 
Mortgages 

Assignment and cancellation 

Chattel . 



Crop 

Foreclosure 
Livestock 



CHAPTER 



588 
534 
699 
356 
726 
516 
567 
706 
536 
822 
782 
177 
785 
712 
600 
618 
603 
573 



Nature of and instruments deemed mortgages . 



534 

693 
62 
708 
480 
383 
784 
531 
544 
84 
458 
483 
265 
402 
965 
110 
222 
485 
250 
501 
502 
533 
743 
710 
13 



69 
85 
839 
801 
656 
494 
635 
818 

701 
698 
700 
702 
699 
697 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 

Mosquito control 

Mothers with dependent children, poor 

Motion pictures, exhibition of 

Motor carriers 



Motor fuels other than gasoline, tax on 

Motor fuels ; regulation ; distributors ; other persons 

Motor vehicle commissioner 

Motor vehicles 

Combinations restricting financing of 

Drivers' licenses 



Financial responsibility 
Licenses 



Motor carriers _ 

Offenses concerning motor vehicles 

Eegulation of traffic on highways 

Sales finance act, part I 

Title certificates 



Motorboats, regulation 

Registration and safety law, part I 

Eegistration certificate tax on boats and vessels, part II 

Moving picture machines, operators of 

Municipalities 

Beautification of streets 



Bond refinancing law, revenue 

Bonds, general refunding law 

Charter and charter amendment 

Civil service for police and firemen 
Consolidation of taxing districts 



Contraction and extension of territorial limits . 
Electric and gas plants 



Firemen's pension trust fund 

Foreclosure of tax and special assessment liens 
General powers, etc. 



Limits territorially, changing 

Local improvements, method, etc.. 
Maps and plats 



Model traffic ordinance for municipalities . 

Organization and dissolution 

Parking facilities 

Plats and maps 



Police officers' retirement trust fund ; policemen generally . 
Police power 



Policemen generally 

Power to borrow money 

Prisoners, county and municipal . 

Public works and utilities 

Refunding bonds, etc. 

Revenue bond act of 1953 

Sewer financing 



Tax adjustment boards 



Taxing districts, consolidation 
Zoning 

Murder 



Musical compositions, combinations restricting use . 

Narcotic addicts, commitment and treatment 

Narcotic drug law, uniform 

National forest trust fund 



Nature, crime against; indecent exposure 

Naturopathy 

Naval stores 



Navigable waters and public roads, offenses concerning 

Navigation districts, part II 

Negligence 

Culpable 

Generally 



Negotiable instruments 

Bills, notes, checks, acceptance, protest, payment 
Dishonor and discharge 



CHAPTER 

388 

414 

521 

323 

209 

207 

318 



545 
322 
324 
320 
323 
860 
317 
520 
319 
371 



468 

342 
181 
132 
166 
174 
171 
171 
172 
175 
173 
167 
171 
170 
177 
186 
165 
183 
177 
185 
168 
185 
169 
951 
180 
131 
159 
184 
178 
171 
176 
782 
543 
398 
398 
254 
800 
462 
523 
861 
374 

784 
768 

676 
675 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 

Negotiable instruments — (Cont.) 

Form and interpretation 

Warehouse receipts 

New counties 



New trial, motion for 
No-fence law 



Nonage of minors, disability removed . 

Nonprofit cooperative associations 

Nonprofit corporations 



CHAPTER 



674 
678 
126 
920 
588 
743 
619 
617 



Corporations not for profit; generally, part I 
Scholarship plan, part II 
Notaries public 



Notes and bills generally 

Nuclear code and southern nuclear compact law, Florida . 

Nuisances, doors of certain buildings 

Nuisances, injurious to health, certain 

Nursing 



Nursing homes 

Obscene literature; profanity 
Obstructing justice 



Offenses against the government 

Offenses by auctioneers; public officers and employees 

Offenses concerning aircraft, motor vehicles and railroad trains 
Offenses concerning seamen 



Office, persons eligible for, retirement; group insurance; expenses 

Officers 

Commissions 

Eligibility; retirement; group insurance; expense 

Leave of absence 

Powers and duties 

Vacating office 



Official court reporters 

Oil and gas production, tax on 

Oil and gas resources, conservation of 

Oil and gasoline inspection 

Old age assistance 

Old age homes 



Operators of moving picture machines . 
Opium dens 



Opticians, dispensing 
Optometry 



Orlando-Orange county expressway authority, part III 

Osteopathic physicians 

Outdoor advertisers . 



Outdoor recreation and conservation 
Outdoor theatres 



Parking facilities, municipal 

Parks, board of; historic memorials 
Parks, state 



Parole and probation, generally 

Paroles and parole commission 

Parties and abatement 

Partnership, limited 

Foreign, part II 

Uniform law, part I 
Penalties for violations of election code 

Pensions, confederate 

Perjury 

Personal property 

County owned tangible 

Intangible, tax 



._ 117 
.674-676 

290 

_ 823 

386 

_ 464 

400 

_ 847 

_ 843 

_ 779 

839 

_ 860 

_ 862 

_ 112 

_ 113 

._ 112 

_ 115 

._ 116 

_ 114 

__ 29 

__ 211 

_ 377 

__ 525 

_ 409 

_ 400 

._ 468 

_ 846 

484 

_ 463 

_ 348 

_ 459 

__ 479 

_ 375 

_ 555 

_ 183 

__ 592 

_ 258 

_ 949 

_ 947 

__ 45 

__ 620 



Mortgaged, sale of; similar offenses 
State owned 



Tangible, tax 
Pest control 



Petroleum liquefied gas, sale . 
Pharmacists 



Physical therapy practice 



104 
291 

837 

274 
199 
818 
273 
200 
482 
527 
465 
486 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 

Pilot commissioners, and pilots 
Pilots 

Aircraft, licensing 

Generally 



CHAPTER 
310 



Incorporation of 



Regulation of boats used by . 
Plaintiff ; pleadings . 



Planning councils, regional 

Playgrounds and recreation centers 

Pleadings 

Defendant; actions at law 

Plaintiff; actions at law 

Pledges; collateral security , 

Plumbers 



Plumbing control 

Poisons ; adulterated drugs 

Police officers' retirement trust fund ; policemen generally . 



Police powers, municipalities 

Political parties ; presidential electors ; executive committees . 

Pollution of waters 

Port facilities financing law 

Ports and harbors, protection of 

Poultry, classification and sale of 

Power of attorney and similar instruments 

Powers and duties of officers 



Practice and procedure; trials 

Premium finance companies, part XIV 
Premium financing, part XV . 



Presidential electors ; political parties ; executive committees 

Primary, general, special, bond and referendum elections 

Principal and accessories; crimes 

Principal and income law, uniform 

Printing and stationery, public 

Prisoners, county and municipal 

Private employment agencies 



Private investigative agencies, patrol agencies, etc. 
Private school corporation law . 



Private schools, minimum standards 

Private wire service, regulation of 

Probate law 

Administration unnecessary in certain estates 

Florida, general (four parts) 



Miscellaneous probate and similar provisions 
Trust accounting law 



Probation and parole commission 

Probation and parole, general provisions 

Probation by courts and parole commission 
Procedure, administrative 



Administrative adjudication, part II 

Judicial review, part III 

Rule making, part I 
Proceedings supplemental to eminent domain 
Process 

Commencement of suits at law 

Constructive service of 



_ 330 

_ 310 

_ 312 

_ 311 

_ 51 

_ 160 

_ 418 

_ 52 

_ 51 

_ 685 

_ 469 

_ 553 

_ 859 

_ 185 

_ 168 

_ 103 

__ 387 

_ 315 

__ 309 

.... 583 

_ 709 

__ 116 

_ 54 

_ 627 

_ 627 

_ 103 

_ 100 

_ 776 

_ 690 

_ 283 

_ 951 

_ 449 

493 

623 

_ 247 

_ 365 

_ 735 

_731-734 

_ 736 

_ 737 

947 

949 

948 

120 



On indictment and information 

Profanity; obscene literature 

Professional engineers 



Professional service corporation act 

Prohibition and quo warranto 

Proof, judicial 

Property 

Chancery jurisdiction over 

County owned tangible personal _ 
Generally 



Marketable record titles to real property 
Married women 



Unclaimed, disposition of 



74 

47 

48 

907 

847 

471 

621 

80 

90 

66 
274 
715 
712 
708 
717 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Property — (Cont.) 

State owned personal property 
Prostitution 



CHAPTER 



Prudent man rule 

Psychiatric centers for children, part II 

Psychology, board of examiners 

Public accountants 



Public defender, part II 

Public education, state plan 

Public employees, social security 

Public fairs and expositions 

Public health 
Generally 



Mosquito control 
State board 



Units, county 
Public lands 



Public officers and employees, offenses by 
Public printing and stationery . 



Public property and public buildings 

Public records 

Public utilities 

Arbitration law 

Eminent domain 



Florida public utilities commission 

Gas piping systems safety code 

Municipal, gas and electric plants 
Municipal, generally 



Public utilities commission, Florida 
Regulation 



Water and sewer system regulatory law 

Public welfare, department 

Pugilistic exhibitions 



Purchasing commission, state 

Qualification and registration of electors 

Quo warranto and prohibition 

Pacing, dog and horse 

Railroads 

Bonds of employees 



Claims for lost or damaged freight 
Crossings 



Eminent domain, right of 
Fencing 



Lien and enforcement 

Offenses concerning trains 

Passengers and freight, duties to 

Public utilities commission, Florida . 
Special officers for 



Special powers; tolls 

Taxes of railroad companies 

Tickets, sale and redemption 

Trains, duties of railroads in operating 



Rape 
Real estate 

Condominium act 



Conveyances of married women's interest in 

Installment land sales iaw, Florida 

License law 



Marketable record titles to real property . 

Record of conveyances 

Realtors 



Receiving stolen goods; larceny and related crimes 

Reciprocal or inter-insurance 

Records 

Contracts and photographic recording 

Conveyances of real estate 

Public . 



Re-establishment of destroyed or lost 



273 
796 
518 
394 
490 
473 
27 
228 
650 
616 

380 
388 
381 
154 
270 
839 
283 
255 
119 

453 
361 
350 
368 
172 
180 
350 
366 
367 
409 
548 
287 
97 
80 
550 

452 
353 
357 
361 
356 
355 
860 
352 
350 
354 
360 
195 
358 
351 
794 

712 
693 
478 
475 
712 
695 
475 
811 
629 

696 

695 

119 

71 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Recreation and conservation, outdoor 
Recreation centers and playgrounds . 
Referees and references 



Referendum, general, primary, special and bond elections . 

Refunding bonds, etc. 

Regents, board of 

Regional education 



Regional planning councils 

Registration and qualification of electors 
Registration office, Officers and procedure . 
Regulation of motorboats 



CHAPTER 

375 

418 

56 

100 

131 

240 

244 

160 

97 

98 

371 



Motorboat registration and safety law, part I 
Registration certificate tax on boats and vessels, part II 

Regulation of private wire service 

Regulation of public utilities 

Regulation of sale of leaf tobacco 



Regulation of trade, commerce and investments generally . 

Budget planning, part II 

Fire and going-out-of-business sales, part III 

Florida cemetery act, part IV 

Trading stamps, part I 
Regulation of trademarks 



Regulation of traffic on highways 
Rehabilitation of alcoholics 



Religious and other assemblies, disturbing 

Repealed statutes 

Replevin, generally 



Resources, oil and gas, conservation of 

Restaurants 

Hotel and restaurant commission (1955 consolidation of chap- 
ters 509-511) 



Regulation of operation (1955 consolidation of chapters 509-511) 
Retail installment sales 



Motor vehicle sales finance act, part I 
Installment sales finance act, part III 
Retail installment sales act, part II 

Retail store license taxes 

Retirement systems 

Municipal firemen's pension trust fund . 
Police officers' trust fund 



State and county officers and employees 

Supreme court justices, district court of appeal judges and circuit 

court judges . 

Teachers 

Revenue bond act of 1953 

Revenue laws, state, administration . 

Riots ; affrays ; routs ; unlawful assemblies 

Riparian owners, grants to by state 



Road and bridge indebtedness, county; board of administration 
Road department, state highway code 



365 
366 
574 
559 



495 
317 
396 
871 
2 
78 
377 



509 
509 
520 



Roads and navigable waters, offenses concerning 
Robbery 



Routs ; riots ; affrays ; unlawful assemblies 

Rule making, part III, administrative procedure act 
Rural electric co-operative law 



St. Augustine historic restoration and preservation commission 

St. Petersburg expressway authority, part I 

Sales 

Alcoholic beverages, in counties prohibiting 

Brake fluid, part H 

Bulk sales law 

Fireworks 

Installment land sales law, Florida . 

Installment sales finance act 

Liquefied petroleum gas 

Liquid fuel, part I 



_ 204 

_ 175 

185 

_ 122 

_ 123 

_ 238 

_ 159 

_ 213 

870 

271 

___ 344 
334-339 

_ 861 

_ 813 

__ 870 

_ 120 

425 

_ 266 

_ 348 



Leaf tobacco, regulation of 

Mortgaged property; and similar offenses 



568 
526 
726 
791 
478 
520 
527 
526 
574 
818 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 
Sales — (Cont.) 

Motor vehicle finance, part I 

Retail installment, part II 

Securities 



Tax, general, parts I and II 



Salt water fisheries and conservation 
Salvage 



Sanitarians registration law 

Sanitary inspection of hotels and boarding nouses 

Sanitary sewer and water system financing law, county . 
Savings banks 



Scholarship plan, part II, corporations not for profit . 
Schools and school code 
Board of control 



CHAPTER 



520 
520 
517 
212 
370 
706 
491 
385 
153 
654 
617 



Board of control, miscellaneous provisions 
Board of regents 



Buildings and property, generally 
Child welfare 



Compulsory attendance 

County school system, generally . 
County school tax 



Courses of study and instructional aids 

Educational extension act of 1963, part II 

Educational institutions law; revenue certificates 
Finance and taxation, generally 



Financial accounts and expenditures 

Functions of state educational agencies 
Institutions of higher learning 



Institutions of higher learning, general provisions, part I 

Personnel ; teachers, bus drivers and others ; qualifications and em- 
ployment 

Private school corporation law 

Private schools, minimum standards 

Regional education 

Scholarships 



Scope organization and definitions of school code 

Specialized state educational institutions 

State plan for public education 

Teachers' retirement system 



Transportation; buses and bus drivers 

Science law, basic, Florida, part I 

Sea island cotton law . 



Seamen, offenses concerning . 

Search warrants 

Secretary of state 

Securities 

Collateral 

Sale of 



Seed certification 

Seeds, inspection, testing, labeling and certification of 
Seminole Indian reservation — 



Senate and house of representatives, state 

Sentence and judgment 

Service officer, state 



Sewer and water system regulatory law . 
Sewer, county 



District law, part II 

Financing, part I 
Sewer financing, municipal 
Sheriffs 



Shipping masters 

Shore and beach preservation 

Small claims court 

Small estates 



Small loan business 

Social security for public employees . 
Soil conservation 



Southern nuclear compact law, Florida nuclear code and 



240 
243 
240 
235 
232 
232 
230 
236 
233 
239 
243 
236 
237 
229 
241 
239 

231 
623 

247 
244 
239 
228 
242 
228 
238 
234 
456 
579 
862 
933 
15 

685 
517 
575 
578 
285 
10 
921 
292 
367 
153 



184 
30 
308 
161 
42 
735 
516 
650 
582 
290 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 

Special elections 

Special officers for carriers 

Specialized state educational institutions (Schools and school code) 

Stamped or marked boxes and bottles 

Stamping beef 

Standards, weights and measures 

State 

Anatomical board . 

Attorney; public defender _ 



CHAPTER 

100 

354 

242 

506 

534 

531 



Public defender ; powers, duties, etc., part II 
State attorney ; powers, duties, etc., part I 
Auditing department 



245 
27 



Board of conservation ; geological department, water resources 

department, weather modification 

Board of forestry . 

Board of health 

Boundaries . 

Budget commission 

Bureau of vital statistics 

Crippled children's commission 

Department of agriculture 



Division of animal industry 

Division of marketing 

Division of plant industry 



Development commission, Florida 

Fairs and expositions 

Fire insurance trust fund 

Fire marshal 

Flag 

Guard 



Highway code 
Hospital 



Institutions, state board of commissioners ; generally, 
Divisions of 

Library 



Merit system of personnel administration . 
Parks 



Purchasing commission 

Quadricentennial commission, part III 

Retirement system, officers and employees 
Revenue laws, administration 



Road department, Florida highway code 

Schools for boys 

Schools for girls 

Service officer 



Turnpike authority 



State-owned tangible personal property 

Statute of limitations 

Statutes 

Repealed 

Revision 

Statutory liens 



21 

_ 373 

_ 589 

_ 381 

_ 6 

_ 216 

_ 382 

_ 391 

_ 570 

_ 585 

603 

_ 581 

288 

_ 615 

284 

_ 633 

_ 256 

251 

334-339 

__ 394 

272 

_ 965 

_ 257 

_ 110 

_ 258 

287 

_ 13 

122 

213 

_334-339 

955 

956 

_ 292 

340 

__ 273 
95 



Statutory revision department 
Stevedores 



Stock transfer law 

Structural pest control 

Subversive activities 

Sunday laws 



Sunland training centers 

Sunland training centers, division of 

Support, uniform reciprocal, enforcement of . 
Supreme court of Florida 



Surety insurance contracts, part XI 
Surveyors 

County . 

Land 



Sweet corn and celery marketing law, Florida, part I 
Swimming or bathing places; bath houses 



2 
16 
85 
16 

307 
614 
482 
876 
855 
393 
965 
88 
25 
627 

143 
472 
573 
514 



ALPHABETICAL CHAPTER INDEX— (Cont.) 



SUBJECT 

Tampa-Hillsborough county expressway authority, part II 

Tangible personal property 

County-owned 

State-owned 

Taxes 

Taxation 

Assessment of taxes 

Cigarette tax 

Corporations 

County school tax . 



CHAPTER 
348 



Court proceedings relating to 

District school tax 

Dog and horse racing 

Estate taxes 



Excise tax on documents 

Financial matters, generally 

Gasoline and like products taxes 
General provisions 



Gross receipts taxes, generally 
Housing authorities exemption 

Intangible property 

Jai alai game tax 



License taxes, generally 

Liquor and beverage license and tax 

Motor fuels other than gasoline, tax on 

Motor fuels, regulation of sale, distribution, etc. 
Motorboats registration certificate tax, part II _ 

Municipal tax adjustment boards 

Production of oil and gas 



Eailroad, pullman and express companies taxes 
Retail store license taxes 



Sales tax, use and other transactions 

Tax on sales, use and certain transactions, part I 
Wholesale fishing and other equipment revenue act, part II 

Schools 

Tangible personal property 

Tax collection agency 

Tax deeds 

Tax sales 

Tax sales certificates 



Teachers retirement system 

Telegraph and telephone companies 
Eminent domain 



Rates, liabilities, etc., of telephone companies 

Regulation by railroad and public utilities commission 
Special powers 



Television, Florida educational commission 
Theatres, outdoor 



Threatening letters; libel; defamation; etc. 
Timber and lumber 



Title certificates, motor vehicles 
Titles, abstracts of 



Tobacco, regulation of sale of leaf 

Toll bridges; ferries; dams and log ditches 
Tourist camps 



Trade center, inter-American cultural 

Trade, commerce and investments generally, regulation of . 
Trade or commerce, combinations restricting 



Trade practices and frauds in insurance business, regulation of, 
part VII . 

Trademarks, regulation of 

Trading stamps, part I 



Traffic, regulation on highways 
Trailer camps 



Trains, duties of railroads in operating 

Transfer of causes and change of venue 

Treason and offenses against the government 
Treasurer 



274 
273 
200 

193 
210 
608 
236 
196 
236 
550 
198 
201 
215 
208 
192 
203 
423 
199 
551 
205 
561 
209 
207 
371 
178 
211 
195 
204 
212 



236 
200 
197 
194 
193 
194 
238 

361 
363 
364 
362 
246 
555 
836 
536 
319 
703 
574 
347 
513 
554 
559 
542 

626 
495 
559 
317 
513 
351 

53 
779 

18 



ALPHABETICAL CHAPTER INDEX— (Cont.) 

SUBJECT 

Trespass and injury to realty and similar offenses 

Trials 

New, motion for 



CHAPTER 
821 



Practice and procedure 

Trusts 

Accounting law 



Administration law, uniform 

Combinations against Florida meats 

Combinations restricting financing of motor vehicles . 
Combinations restricting trade or commerce 



Combinations restricting use of musical compositions 
Common law declarations of 



Declarations of, and conveyances of land 

Employees benefit law 

Receipts law, uniform 

Tuberculosis hospitals 

Turnpike authority 



Unclaimed property, disposition of 
Unemployment compensation law _ 

Unenforceable contracts 

Uniform laws 

Death, simultaneous 



Declaratory judgments 

Depositions, foreign 

Evidence, admissibility 

Foreign depositions 

Gifts to minors 



Instruments, negotiable 

Interstate extradition 

Judgments, declaratory 

Limited partnership, part I 

Minors, gifts to 

Narcotic drug 



Negotiable instruments 

Principal and income 

Receipts, warehouse 



Simplification of fiduciary security transfers 

Simultaneous death 

Stock transfer 



Support, reciprocal, enforcement of . 

Trust administration 

Trust receipts 



Veterans' guardianship 
Warehouse receipts 



Witnesses, interstate extradition of 
Unincorporated associations, foreign 



_ 920 

_ 54 

737 

691 

544 

545 

542 

543 

609 

689 

441 

673 

392 

340 

717 

443 

725 

._ 736 

87 

_ 90 

92 

_ 90 

_ 710 
-674-676 

_ 941 

__ 87 

620 

_ 710 

__ 398 
-674-676 

_ 690 

_ 678 

_ 610 

_ 736 

_ 614 

__ 88 

_ 691 

_ 673 

_ 293 

_ 648 

_ 942 

_ 622 



United States constitution ; amendments, conventions for ratifying or 
rejecting 



United States flag 

Universities, scholarships, etc.; extension institute 

Universities, state 

Unlawful assemblies 



Unmarried women, enticing away 

Usury and interest 

Vacating office 

Vagrancy 



Validation of bonds 

Vehicle equipment safety compact _ 

Venereal diseases 

Venue 

Change of, and transfer of suits 
Criminal cases 



Joinder, etc., of actions 
Veterans 

Confederate pensions _ 
Guardianship law 



Laws relating to, generally 
State service officer 



107 

256 

239 

_239, 241 

870 

795 

687 

114 

856 

75 

325 

384 

53 

910 

46 

291 

_293, 294 

295 

292 



ALPHABETICAL CHAPTER INDEX— (Cont.) 

SUBJECT 

Veterinarians 

Violations of election code; penalties 

Vital statistics, bureau 

Voting; ballots, voting machines, absentee; procedure 

Waiver of jury trial 



Warehousemen and warehouse receipts 

Waste from mines 

Watchmakers' commission 



Water and sewer system regulatory law 
Water and sewer systems 



County financing law, part I 
County water and sewer district law, part II 
Water, pollution of 



CHAPTER 

474 

104 

382 

101 

912 

678 

533 

489 

367 

153 



Watermelon marketing law, part III 
Waterways, beautification 



Waterways development, part III 
Weapons and firearms 



Wearing masks, hoods; anarchy; communism. 

Weights, measures and standards 

Welfare, child 



Welfare, department of public 
Wet-dry elections 



Wire service, private, regulation of . 
Witnesses 



Witnesses, extradition of 

Workmen's compensation law 

Worthless checks and drafts, issuing 

Wrecked and derelict property, generally 
Zoning 
Airports 



Municipalities 



387 
573 
342 
374 
790 
876 
531 
417 
409 
567 
365 
90 
942 
440 
832 
705 

333 
176 



NUMERICAL TITLE AND CHAPTER 

INDEX 

VOLUME 1— CHAPTERS 1-379 

TITLE I 
CONSTRUCTION OF STATUTES 

CHAPTER 

Definitions 1 

Common law in force; repealing statutes 2 

TITLE II 
STATE ORGANIZATION 

Admission into union; concessions; state boundaries 6 

County boundaries 7 

Congressional districts 8 

TITLE III 

LEGISLATIVE DEPARTMENT— COMMISSIONS 

Senate and house of representatives 10 

Legislation 11 

Census (Repealed) 12 

Miscellaneous commissions 13 

Interstate cooperation, part I 

Constitutional government, part II 

State quadricentennial, part III 

City and county quadricentennial, part IV 

Florida aviation study and advisory commission, part V 

TITLE IV 
EXECUTIVE DEPARTMENT 

Governor 14 

Secretary of state 15 

Attorney general 16 

Comptroller 17 

Treasurer 18 

Commissioner of agriculture . 19 

State auditing department 21 

Emergency continuity of government 22 

TITLE V 
JUDICIARY DEPARTMENT 

Supreme court of Florida 25 

Circuit courts, circuits, judges, etc. 26 

State attorney; public defender 27 

State attorney; powers, duties, etc., part I 

Public defender; powers, duties, etc., part II 

Clerk of the circuit court . 28 

Official court reporters — 29 

Sheriffs 30 

Circuit court commissioners 31 

Criminal court of record 32 

Civil court of record 33 

County courts _ 34 

District courts of appeal 35 

County judge's courts . 36 

Justices of the peace courts 37 

Judges . 38 

Juvenile courts 39 

Jurors and jury lists 40 

Jurors and jury lists for certain county judges' courts 41 

Small claims courts 42 

Provisions relating to courts, generally 43 

County judges; salaries; budgets 44 



NUMERICAL TITLE AND CHAPTER INDEX 

TITLE VI 
CIVIL PRACTICE AND PROCEDURE 



Parties and abatement 

Venue, joinder, etc., of actions 

Commencement of suits at law and process 

Constructive service of process 

Legal and official advertisements 

Defaults 



CHAPTER 
45 



Actions at law; pleadings of the plaintiff _ 
Actions at law; pleadings of the defendant 

Change of venue and transfer of causes 

Trial practice and procedure 

Judgments and executions 

Referees and references 



Arbitrations; Florida arbitration code 
Court costs 



Appellate proceedings, generally 

Appellate proceedings from county and other inferior courts (Repealed) 

General chancery jurisdiction and procedure 

Florida chancery procedure law (Repealed) 

Injunctions 

Divorce, alimony and custody of children 

Chancery jurisdiction over property 



Appellate proceedings in chancery (Consolidated with ch. 59) 

Miscellaneous court provisions 

Ejectment 

Re-establishment of lost papers, records, etc. 

Adoption 



Eminent domain 

Proceedings supplemental to eminent domain . 

Validation of bonds; procedure 

Attachments 

Garnishment 

Replevin 



Habeas corpus 

Quo warranto and prohibition 

Justice of the peace courts; procedure 
Forcible entry and unlawful detainer _ 

Landlord and tenant 

Mechanics' lien law 

Liens, generally 



Miscellaneous liens, part I 

Factors' liens, part II 

Enforcement of statutory liens 

Declaratory decrees, judgments and orders 

Uniform reciprocal enforcement of support law 

TITLE VII 
EVIDENCE 
Witnesses 



Depositions (Repealed) 
Evidence; admissibility 



TITLE VIII 
LIMITATIONS 
Limitations of actions ; adverse possession 



TITLE IX 

ELECTORS AND ELECTIONS 

Qualification and registration of electors (Revised and renumbered) 

Registration office, officers and procedures (Revised and renumbered) 
Candidates, campaign expenses and contesting elections (Revised and 

renumbered) . 

General, primary, special, bond and referendum elections (Revised and 

renumbered) 

Voting ; ballots, voting machines, absentee ; procedure (Revised and 

renumbered) 



46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 
61 
62 
63 
64 
65 
66 
67 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 
85 



86 

87 
88 



90 
91 

92 



95 



97 
98 

99 

100 

101 



NUMERICAL TITLE AND CHAPTER INDEX 

CHAPTER 
Conducting elections and ascertaining results (Revised and renum- 
bered) 102 

Presidential electors; political parties; executive committees and mem- 
bers (Revised and renumbered) 103 

Election code; violations; penalties (Revised and renumbered) 104 

Presidential electors (Repealed) 105 

Election of United States senators (Repealed) 106 

Conventions for ratifying or rejecting proposed amendments to consti- 
tution of United States 107 

TITLE X 

OFFICES, OFFICERS AND PUBLIC RECORDS 

Merit system of personnel administration 110 

Compensation and accounts of certain officials 111 

Persons eligible to office; retirement; group insurance; expenses 112 

Commissions 113 

Vacating office 114 

Leaves of absence to officials 115 

Powers and duties of officers 116 

Notaries public , 117 

Commissioner of deeds 118 

Public records 119 

Administrative procedure act 120 

Rule making, part I 

Administrative adjudication procedure, part II 

Judicial review, part III 

State officers and employees retirement system (Repealed) 121 

State and county officers and employees retirement system 122 

Supreme court justices, district court of appeal judges and circuit 

judges retirement system 123 

TITLE XI 
COUNTY ORGANIZATION, OFFICERS AND REGULATIONS 

Commissioners' districts 124 

County commissioners ; powers, duties and compensation 125 

New counties 126 

Right of eminent domain to counties 127 

County finances; regulations 128 

County annual budget 129 

County bonds 130 

Refunding bonds of counties, cities, etc. 131 

General refunding law , 132 

County officers and employees retirement system (Repealed) 134 

County buildings; erection, maintenance, lease, etc. 135 

County depositories 136 

Bonds of county officers 137 

County seats 138 

County road districts (Repealed) 139 

County special road and bridge districts (Repealed) 140 

Special road, bridge and ferry districts (Repealed) 141 

Fine and forfeiture fund, county 142 

County surveyor 143 

Sheriff (Transferred to ch. 30) 144 

Compensation of county officials 145 

County traffic officers (Repealed, 1961) 146 

County airports (Repealed) 149 

County free public libraries 150 

Water and sewer systems 153 

County water system and sewer financing law, part I 

County water and sewer district law, part II 

County public health units 154 

County hospitals 155 

Drainage of swamps and overflowed lands 156 

Drainage by counties 157 

Erosion prevention districts 158 

Revenue bond act of 1953 159 

Regional planning councils 160 

Shore and beach preservation 161 



NUMERICAL TITLE AND CHAPTER INDEX 

TITLE XII 

CITIES AND TOWNS 

CHAPTER 

Organization and dissolution of municipalities 165 

Municipal charter and charter amendment 166 

General powers of municipalities 167 

Police power of municipalities 168 

Power of municipality to borrow money 169 

Supplemental and alternative method of making local municipal im- 
provements 170 

Contraction and extension of municipal territorial limits ; consolidation 

of taxing districts 171 

Municipal electric and gas plants 172 

Foreclosure of municipal tax and special assessment liens 173 

Civil service for police and firemen in cities and towns of 125,000 popu- 
lation, or less 174 

Municipal firemen's pension trust fund — 175 

Municipal zoning 176 

Maps and plats 177 

Municipal tax adjustment boards 178 

Municipal airports (Repealed) 179 

Municipal public works 180 

Municipal revenue bond refinancing law 181 

Police officers' insurance and annuities (Repealed) 182 

Municipal parking facilities 183 

Municipal sewer financing 184 

Municipal police officers' retirement trust fund; policemen generally 185 

Model traffic ordinances for municipalities 186 

TITLE XIII 

TAXATION AND FINANCE 

Taxation, general provisions 192 

Tax assessments and tax sales 193 

Tax sale certificates and tax deeds . 194 

Taxes on railroads and pullman and express companies 195 

Court proceedings relating to taxation 196 

Tax collection agencies 197 

Estate taxes 198 

Intangible personal property taxation 199 

Tangible personal property taxation 200 

Excise tax on documents 201 

Excise taxes, generally (Repealed, 1957) 202 

Gross receipts taxes, generally 203 

Retail store license taxes 204 

License taxes 205 

Motor fuels, etc. ; regulation ; distributors ; other persons 207 

Taxes on gasoline and like products . 208 

Tax on motor fuels other than gasoline 209 

Tax on cigarettes 210 

Tax on production of oil and gas 211 

Tax on sales, use and other transactions 212 

Tax on sales, use and certain transactions, part I 
Wholesale fishing and other equipment revenue act, part II 

State revenue laws; administration 213 

Financial matters, generally 215 

State budget commission 216 

Financial matters pertaining to political subdivisions 218 

County public money, handling by state and county 219 

TITLE XIV 
HOMESTEAD AND EXEMPTIONS 

Method of setting apart homestead and exemptions 222 

TITLE XV 

EDUCATION 

School code; scope, organization and definitions (Repealed) 227 

State plan for public education 228 

Functions of state educational agencies — - 229 



NUMERICAL TITLE AND CHAPTER INDEX 

CHAPTER 

The county school system 230 

Personnel of school system 231 

Compulsory school attendance; child welfare 232 

Courses of study and instructional aids . . 233 

Transportation of school children 234 

The school plant 235 

Finance and taxation; schools 236 

Financial accounts and expenditures 237 

Retirement system for school teachers 238 

Universities, scholarships, etc. ; extension institute 239 

General provisions for institutions of higher learning, part I 

Educational extension act of 1963, part II 

Board of control 240 

Board of regents . 240 

Institutions of higher learning 241 

Specialized state educational institutions 242 

Educational institutions law; revenue certificates 243 

Regional education 244 

State anatomical board 245 

Florida educational television commission 246 

Private schools, minimum standards , 247 

TITLE XVI 

MILITARY CODE AND RELATED MATTERS 

Florida state defense council (Repealed) 249 

Military code 250 

Florida state guard . . . 251 

Civil defense . 252 

TITLE XVII 

PUBLIC LANDS AND PROPERTY 

Internal improvement trust fund - 253 

National forest trust fund . 254 

Public property and public buildings 255 

State and United States and Confederate flags 256 

State library . 257 

State parks , 258 

Everglades national park (Repealed, 1961) 264 

Memorials 265 

St. Augustine historical restoration and preservation commission 266 

Public lands 270 

Grants to riparian owners 271 

Board of commissioners of state institutions . 272 

State-owned tangible personal property 273 

Tangible personal property owned by counties, districts, etc. . 274 

TITLE XVIII 

PUBLIC BUSINESS 

General and miscellaneous appropriations 282 

Public printing and stationery 283 

State fire insurance trust fund 284 

Seminole Indian reservation 285 

Public business generally (Repealed) . 286 

State purchasing commission 287 

Florida development commission 288 

Florida industrial development corporation 289 

Florida nuclear code and southern nuclear compact law 290 

TITLE XIX 

PENSIONS AND WAR VETERANS 

Confederate pensions 291 

Service officer 292 

Uniform veterans' guardianship law 293 

Supplemental veterans' guardianship law 294 

Laws relating to veterans, generally . . 295 



NUMERICAL TITLE AND CHAPTER INDEX 

TITLE XX 



DRAINAGE 



General drainage 



CHAPTER 
298 



TITLE XXI 
PORTS AND HARBORS 



Stevedores 

Shipping masters 

Protection of ports and harbors 

Pilot commissioners and pilots 

Regulation of the kind and size of boats to be used by the bar pilots 
Incorporation of pilots 



Harbor masters for ports in general . 

Harbor masters for certain specified ports 
Port facilities financing law 



TITLE XXII 

MOTOR VEHICLES 

Regulation of traffic on highways 

Motor vehicle commissioner 

Title certificates 



Motor vehicle licenses, etc. 

Highway patrol 

Drivers' licenses 

Motor carriers 



Financial responsibility 

Vehicle equipment safety compact 



TITLE XXIII 
AERONAUTICS 



Aircraft, generally 

Licensing aircraft and pilots 

Airports and air commerce 

Airport law of 1945 

Airport zoning 



TITLE XXIV 
HIGHWAYS, BRIDGES AND FERRIES 



307 
308 
309 
310 
311 
312 
313 
314 
315 



317 
318 
319 
320 
321 
322 
323 
324 
325 



329 
330 
331 
332 
333 



Highway administration, first part, highway code 
State highway system, second part, highway code _ 
County road system, third part, highway code 



334 

335 

336 

Construction ; contracts ; land acquisition, fourth part, highway code — 337 
Limited access facilities; bridges and toll facilities; public utilities, 

fifth part, highway code 338 

Financing; miscellaneous, sixth part, highway code 339 

Turnpike authority . 340 

State roads (Repealed) 341 

Beautification of waterways 342 

County roads and bridges (Repealed) 343 

County road and bridge indebtedness ; board of administration, etc. 344 

Funds for county hard roads (Repealed) 345 

Protection of paved and improved roads (Repealed) 346 

Ferries, toll bridges, dams and log ditches 347 

Expressway authorities 348 

St. Petersburg expressway authority, part I 

Tampa-Hillsborough county expressway authority, part II 

Orlando-Orange county expressway authority, part III 

Jacksonville expressway authority 349 



TITLE XXV 

RAILROADS AND OTHER REGULATED UTILITIES 

Florida public utilities commission 

Duties of railroads in operating trains 

Duties to railroad passengers and freight 

Claims for lost or damaged freight 

Special officers for carriers 



350 
351 
352 
353 
354 



NUMERICAL TITLE AND CHAPTER INDEX 

Carrier's lien and enforcement 

Fencing and evidence in livestock cases; railroads 

Railroad crossings 



Sale and redemption of tickets 

Express companies; payment of claims; rates 

Special powers of railroad and canal companies; tolls 
Eminent domain ; public utilities 



Special powers of telegraph and telephone companies 
Rates and liabilities of telegraph companies, etc. 



Regulation of telegraph and telephone companies by railroad and public 

utilities commission 

Regulation of private wire service 

Regulation of public utilities 



CHAPTER 

355 

356 

357 

358 

359 

360 

361 

362 

363 



Water and sewer system regulatory law 
Gas piping systems safety code 



TITLE XXVI 
CONSERVATION, ARCHEOLOGY AND GEOLOGY 



Salt water fisheries and conservation 
Regulation of motorboats 



Motorboat registration and safety law, part I 
Registration certificate tax on boats and vessels, part II 
Game and fresh water fish 



364 
365 
366 
367 
368 



370 
371 



372 



State board of conservation; geological department; water resources 

department; weather modification 373 

Canal authority — navigation districts — waterways development 374 

Canal authority, part I 

Navigation districts, part II 

Waterways development, part III 

Outdoor recreation and conservation 375 

Archeology 376 

Conservation of oil and gas resources 377 

Flood control 378 

Everglades fire control 379 







VOLUME 2— CHAPTERS 380-965 



TITLE XXVII 
PUBLIC HEALTH 



Public health, generally 

State board of health 

Bureau of vital statistics 



Maternity and infancy hygiene 
Veneral diseases 



Sanitary inspection of hotels and boarding houses 

Nuisances injurious to health 

Pollution of waters 

Mosquito control 



Mosquito control districts (Repealed, 1959) 

Alternate system of creating mosquito control districts (Repealed, 1959) 

Florida crippled children's commission 

Tuberculosis hospitals 



Sunland training centers 

Florida state hospitals; psychiatric centers 
Florida state hospitals, part I 
Children's psychiatric centers, part II 

Hospital licensing and regulation 

Rehabilitation of alcoholics 



Commitment and treatment of narcotic drug addicts (Repealed) 

Uniform narcotic drug law 

Elevators 

Nursing homes 

Hospital service for the indigent 

Mental health 



Florida air pollution control commission 
Florida barbiturate act 



380 
381 
382 
383 
384 
385 
386 
387 
388 
389 
390 
391 
392 
393 
394 



395 
396 
397 
398 
399 
400 
401 
402 
403 
404 



NUMERICAL TITLE AND CHAPTER INDEX 

TITLE XXVIII 

SOCIAL WELFARE 



Department of public welfare 

Florida supplemental retirement system (Repealed, 1957) 

Florida commission on aging 

Council for the blind 



Poor mothers with dependent children 

Dependent and delinquent children (Repealed and transferred) 

Detention homes and schools for delinquent children 

Child welfare (Children's commission) 

Playgrounds and recreation centers 

State planning board (Repealed) 



CHAPTER 

409 

410 

412 

413 

414 

415 

416 

417 

418 

419 



Florida state improvement commission (Repealed and transferred to 

ch. 288) 

Housing authorities law 

Housing cooperation law 



Tax exemption of housing authorities 
Limited dividend housing companies 
Rural electric cooperative law 



TITLE XXIX 
LABOR 



Workmen's compensation law . 

Employees trust benefit law 



Unemployment compensation law 
Apprentices 



Labor organizations 

General labor regulations 

Private employment agencies 
Child labor 



Bonds of employees of common carriers . 
Public utility arbitration law 



TITLE XXX 

REGULATION OP PROFESSIONS AND VOCATIONS 

Attorneys at law 

Administrative boards, generally 

Florida basic science law — hypnosis 

Florida basic science law, part I 

Hypnosis, part II 

Midwifery (Transferred to ch. 485) 

Medical practice act 

Osteopathic physicians 

Chiropractic 

Chiropody 

Naturopathy 

Optometry 

Nursing 

Pharmacists 

Dentistry, dental hygiene and dental laboratories 

Architects 



Operators of moving picture machines . 
Plumbers 



Funeral directors and embalmers 

Professional engineers 

Land surveyors 

Public accountants 

Veterinarians 



Real estate license law . 
Barbers 



Florida cosmetology law 

Florida installment land sales law 
Outdoor advertisers 



Masseurs and masseuses 

Labor organizations (Transferred to ch. 

Structural pest control 

Medical technology 



447) 



420 
421 
422 
423 

424 
425 



440 
441 
443 
446 
447 
448 
449 
450 
452 
453 



454 
455 
456 



457 
458 
459 
460 
461 
462 
463 
464 
465 
466 
467 
468 
469 
470 
471 
472 
473 
474 
475 
476 
477 
478 
479 
480 
481 
482 
483 



NUMERICAL TITLE AND CHAPTER INDEX 



Dispensing opticians 
Midwifery 



Physical therapy practice law 
Pesticide act 



Commercial driving schools 

Florida watchmakers' commission . 
Board of examiners of psychology . 

Sanitarians registration law 

Forestry practice act 



Private investigative agencies, patrol agencies, etc. . 

TITLE XXXI 

REGULATION OF TRADE, COMMERCE AND DIVESTMENTS 

Mortgage brokerage law 

Eegistration of trademarks 

Foods, drugs and cosmetics 

Milk commission 



CHAPTER 

484 

485 

486 

487 

488 

__ 489 

_ 490 

491 

492 

493 



Milk, cream and milk products 
Ice cream and frozen desserts 
Florida egg commission 



Stamped or marked bottles and boxes 

Hotel and restaurant commission 

Hotels (Consolidated with ch. 509) 



Hotels, restaurants and dining cars ; regulations (Consolidated with ch. 

509) 

Tourist camps 

Public bath houses and swimming or bathing places 

Dry cleaning and laundry industry (Repealed) 

Small loan business 

Sale of securities 



Investment of fiduciary funds 
Discount consumer financing _ 
Retail installment sales 



Motor vehicles sales finance act, part I 
Retail installment sales act, part II 
Installment sales finance act, part III 

Exhibition of motion pictures 

Commission merchants 

Naval stores 



Accounts receivable 

Gasoline and oil inspection 

Sale of liquid fuels ; brake fluid 

Sale of liquid fuels, part I 
Sale of brake fluid, part II 

Sale of liquefied petroleum gas 

Weights, measures and standards 

Devices issued in payment for labor 
Waste from mines 



Livestock; marks and brands; stamping beef . 
Timber and lumber 



Commercial discrimination 
Fair trade law 



Combinations restricting trade or commerce 

Combinations restricting use of musical compositions 
Combinations against Florida meats 



Combinations restricting financing of motor vehicles 

Pugilistic exhibitions 

Automobile race meets 



Dog racing and horse racing . 
Frontons 



Manufacture, distribution and use of explosives 
Plumbing control law 



Inter-American cultural and trade center 

Outdoor theatres 

Bedding inspection 



Regulation of trade, commerce and investments, generally 
Trading stamps, part I 
Budget planning, part II 



494 
495 
500 
501 
502 
503 
504 
506 
509 
510 

511 
513 
514 
515 
516 
517 
518 
519 
520 



521 
522 
523 
524 
525 
526 



527 
531 
532 
533 
534 
536 
540 
541 
542 
543 
544 
545 
548 
549 
550 
551 
552 
553 
554 
555 
556 
559 



NUMERICAL TITLE AND CHAPTER INDEX 

Fire and going-out-of-business sales, part III 
Florida cemetery act, part IV 

TITLE XXXII 

LIQUORS AND BEVERAGES 

Beverage law; administration 



Beverage law; enforcement. 
Beverage fair trade law (Repealed) 
Local option elections . 



Intoxicating liquors in counties where prohibited . 

Dispensing and consuming of liquor and beverages 

TITLE XXXIII 

AGRICULTURE, HORTICULTURE AND ANIMAL INDUSTRY 

State department of agriculture 

Florida seal of quality law 

Florida marketing laws 



CHAPTER 



561 
562 
566 
567 
568 
569 



Celery and sweet corn marketing law, part I 
Foliage plant marketing law, part II 
Watermelon marketing law, part III 

Regulation of sale of leaf tobacco 

Certification seed law 

Agricultural fertilizers 



Agricultural insecticides and fungicides (Repealed) 

Florida seed law 

Sea island cotton law 



Florida commercial feed law 

Division of plant industry; state department of agriculture 
Soil conservation 



Classification and sale of eggs, poultry, etc. 

Control of honey bee diseases (Repealed, 1961) 

Division of animal industry, state department of agriculture 
Honey certification law 



Legal fences and livestock at large 

Florida board of forestry 

Forest protection 

Forest development 



Board of parks and historic memorials 

Agriculture, horticulture and livestock; general provisions (Repealed) 
General definitions, provisions and maturity standards relating to 
citrus (Repealed) 

Florida citrus commission (Repealed) 



Regulations of sale of citrus fruits (Repealed) 

Citrus packing houses, etc. ; regulations (Repealed) 

Citrus canning plants; regulations (Repealed) 

Citrus advertising (Repealed) 

Florida citrus marketing act 

Florida citrus code 



Florida avocado and lime commission (Repealed, 1959) 

Marketing division, state department of agriculture 

General agriculture ; horticulture, etc., laws 



TITLE XXXIV 
CORPORATIONS AND BUSINESS TRUSTS 



Corporations 

Corporations, generally, part I 
Close corporations, part II 
Common law declarations of trust . 



Uniform act for simplification of fiduciary security transfers 

Certain corporations for profit (Repealed) 

Corporations for profit, generally (Repealed) 

Foreign corporations 



Uniform stock transfer law _ 

State fairs or expositions 

Public fairs and expositions 
Corporations not for profit 



Corporations not for profit; generally, part I 
Scholarship plan, part II 



570 
571 
573 



574 
575 
576 
577 
578 
579 
580 
581 
582 
583 
584 
585 
586 
588 
589 
590 
591 
592 
593 

594 
595 
596 
597 
598 
599 
600 
601 
602 
603 
604 



608 



609 
610 
611 
612 
613 
614 
615 
616 
617 



NUMERICAL TITLE AND CHAPTER INDEX 



Agricultural cooperative marketing associations 

Nonprofit cooperative associations 

Limited partnerships 



Uniform limited partnership law, part I 
Foreign limited partnership law, part II 

Professional service corporation act 

Foreign unincorporated associations 

Private school corporation law 



CHAPTER 

618 

619 

620 



TITLE XXXV 
INSURANCE 
Insurance Code 

Administration and general provisions 

Scope of code, part I 

Insurance commissioner, the, part II 

Authorization of insurers and general requirements, part III 

Fees, taxes and funds, part IV 

Kinds of insurance, limits of risk; reinsurance, part V 

Accounting, investment and deposits 

Assets and liabilities, part I 
Investments, part II 
Administration of deposits, part III 
Field representatives and operations 



621 
622 
623 



624 



625 



626 



Insurance representatives ; licensing procedures and general 
requirements, part I 

General lines agents and solicitors ; qualifications and require- 
ments, part II 

Life insurance agents, part III 

Disability insurance agents, part IV 

Insurance adjusters, part V 

Unauthorized insurers and surplus lines, part VI 

Trade practices and frauds, part VII 
Rates and contracts 



Rates and rating organizations, part I 
Insurance contract, the, part II 
Life insurance policies and annuity contracts, part III 
Industrial life insurance policies, part IV 
Group life insurance, part V 
Disability insurance policies, part VI 

Group, blanket and franchise disability insurance, part VII 
Credit life and disability insurance, part VIII 
Property insurance contracts, part IX 
Casualty insurance contracts, part X 
Surety insurance contracts, part XI 
Title insurance contracts, part XII 
Variable annuity contracts, part XIII 
Premium finance companies, part XIV 
Premium financing, part XV 
Organization and corporate procedures of stock and mutual 



627 



insurers 



Reciprocal insurers 

Alien insurers, trusteed assets, domestication 

Rehabilitation and liquidation 

Fraternal benefit societies 

Fire marshal, state 



Automobile inspection and warranty associations 

Mortgage guaranty insurance, regulation of 

Insurance adjusters (Repealed, 1959) 

Fraternal benefit societies (Repealed, 1959) 

Ambulance service contracts 

Burial insurance and contracts 



Benevolent mutual benefit associations (Repealed, 1957) 
Hospital and medical service plans 



Accident and sickness insurance (Repealed, 1959) 
Regulation of trade practices in insurance business 
(Repealed, 1959) 



Accident and health agents (Repealed, 1959) 
Nonadmitted carriers (Repealed, 1959) 



628 
629 
630 
631 
632 
633 
634 
635 
636 
637 
638 
639 
640 
641 
642 

643 
644 
645 



NUMERICAL TITLE AND CHAPTER INDEX 

CHAPTER 

Credit life, accident and health insurance (Repealed, 1959) 646 

Sureties and surety companies (Repealed, 1959) 648 

Automobile clubs 649 

Social security and public employees 650 

Life care contracts 651 

TITLE XXXVI 

BANKS AND BANKING 

Banks ; incorporation, organization and powers (Repealed) 652 

Banking- regulations (Repealed) _____ 653 

Savings banks 654 

Trust companies (Repealed) 655 

Industrial savings banks 656 

Credit unions 657 

Banking code, first part 658 

Banking code, second part 659 

Banking code, third part 660 

Banking code, fourth part 661 

TITLE XXXVII 

BUILDING AND LOAN ASSOCIATIONS 

Incorporation and operation of domestic building and loan associations 665 

Voluntary dissolution of building and loan associations 666 

Insolvency of building and loan associations 667 

Foreign building and loan associations (Repealed and transferred to 

ch. 665, 1963) 668 

TITLE XXXVIII 
COMMERCIAL RELATIONS 

Uniform trust receipts law 673 

Negotiable instruments ; form and interpretation, etc 674 

Negotiable instruments ; dishonor and discharge 675 

Negotiable instruments ; bills, notes, checks, acceptance, protest, pay- 
ment 676 

Warehousemen and warehouse receipts 678 

Legal holidays 683 

Collateral securities 685 

Interest and usury 687 

TITLE XXXIX 

REAL AND PERSONAL PROPERTY 

Conveyances of land and declarations of trust 689 

Uniform principal and income law 690 

Uniform trust administration law 691 

Conveyances by corporation 692 

Conveyances of married women's interest in real estate 693 

Certain conveyances made valid 694 

Record of conveyances of real estate . 695 

Record of contracts; photographic recording 696 

Instruments deemed mortgages and the nature of a mortgage 697 

Chattel mortgages 698 

Livestock mortgages and other instruments 699 

Crop mortgages 700 

Assignment and cancellation of mortgages 701 

Foreclosure of mortgages 702 

Abstracts of title 703 

Easements 704 

Wrecked and derelict property, generally 705 

Wrecked cotton; lumber adrift; boats and vessels adrift -. 706 

Estrays 707 

Married women's property 708 

Powers of attorney and similar instruments 709 

Gifts to minors 710 

Condominium act 711 

Marketable record titles to real property 712 

Property generally 715 



NUMERICAL TITLE AND CHAPTER INDEX 



Escheats, forfeiture, etc. 

Disposition of unclaimed property . 



CHAPTER 

716 

717 



TITLE XL 

STATUTE OP FRAUDS, FRAUDULENT CONVEYANCES AND 

GENERAL ASSIGNMENTS 

Unenforcement contracts 

Fraudulent conveyances, sales, and loans 

General assignments 



TITLE XLI 
ESTATES OF DECEDENTS 



Florida probate law, first part 

Florida probate law, second part 
Florida probate law, third part 



Florida probate law, fourth part 

Small estates; administration unnecessary in certain estates 

Miscellaneous probate and similar provisions 

Trust accounting law 



TITLE XLII 
DOMESTIC RELATIONS 



Husband and wife 
Bastardy 



Disability of nonage of minors removed 

Florida guardianship law, first part 

Florida guardianship law, second part _ 
Florida guardianship law, third part 



Absentees, incompetents, etc., and the conservation of their property . 

TITLE XLIII 



TORTS 



Damage by dogs 
Negligence 



Hazardous occupations 
Civil actions for libel 



Actions for alienation of affections, etc. 



TITLE XLIV 

CRIMES 

Definitions; general penalties; registration of criminals 
Principals and accessories; attempts 



Treason and offense against the government 

Homicide 

Dueling 



Assault and battery; mayhem; culpable negligence 

Fighting; marathons 

Weapons and firearms 

Sale of fireworks 



Eape 

Enticing away unmarried women 

Prostitution 

Abortion 



Adultery and fornication 
Bigamy 



Crime against nature ; indecent exposure . 
Child molester law 



Kidnaping and false imprisonment 

Arson 

Burglary 



Larceny; receiving stolen goods; related crimes 

Embezzlement 

Robbery 



False pretenses, frauds and other cheats 

Sale of mortgaged personal property ; similar offenses 
Trespass and injury to realty and similar offenses 



725 
726 
727 



731 
732 
733 

734 
735 
736 
737 



741 

742 
743 
744 
745 
746 
747 



767 
768 
769 
770 
771 



775 
776 
779 
782 
783 
784 
785 
790 
791 
794 
795 
796 
797 
798 
799 
800 
801 
805 
806 
810 
811 
812 
813 
817 
818 
821 



NUMERICAL TITLE AND CHAPTER INDEX 

CHAPTER 

Malicious injury to buildings and structures 822 

Nuisances; doors of certain buildings 823 

Cruelty to children and animals . 828 

Forgery and counterfeiting 831 

Issuing worthless checks and drafts 832 

Conspiracy 833 

Defamation; libel; threatening letters and similar offenses 836 

Perj ury 837 

Bribery 838 

Offenses by auctioneers, public officers and employees 839 

Obstructing justice 843 

Opium dens 846 

Obscene literature; profanity 847 

Gambling 849 

Dealing in futures or margins (Repealed) 850 

Bucket shops 851 

Sunday laws 855 

Drunkenness; vagrancy; desertion 856 

Poisons ; adulterated drugs 859 

Offenses concerning aircraft, motor vehicles and railroads 860 

Offenses concerning public roads and navigable waters 861 

Offenses concerning seamen 862 

Violations of certain commercial restrictions 865 

Exhibitions of deformed persons or animals 867 

Affrays ; riots ; routs ; unlawful assemblies 870 

Disturbing religious and other assemblies 871 

Offenses concerning dead bodies and graves 872 

Offenses against suffrage (Revised and renumbered) : 875 

Criminal anarchy, communism, etc 876 

Miscellaneous crimes 877 

TITLE XLV 

CRIMINAL PROCEDURE 

Arrests 901 

Preliminary examination 902 

Bail, bonds; bondsmen; runners 903 

Methods of prosecutions . 904 

Grand jury 905 

Indictment and information 906 

Process upon indictment and information 907 

Arraignment 908 

Motion to quash and pleas 909 

Jurisdiction and venue 910 

Change of judge and removal of cause 911 

Waiver of jury trial 912 

Trial jury 913 

Presence of defendant - 914 

Dismissal of prosecution 915 

Continuance 916 

Proceeding to determine mental condition of defendant 917 

Conduct of trial 918 

Conduct of jury 919 

Motion for new trial and arrest of judgment 920 

Judgment and sentence 921 

Execution 922 

Form of indictment and other forms 923 

Appeals 924 

Criminal procedure generally 925 

Provisions supplemental to criminal procedure law 932 

Search warrants 933 

Inquests of the dead 936 

Proceedings in courts of county judges and justices of the peace 937 

Costs 939 

Executive clemency 940 

Uniform interstate extradition 941 

Interstate extradition of witnesses 942 

Florida corrections code 944 



NUMERICAL TITLE AND CHAPTER INDEX 



TITLE XLVI 
CORRECTIONAL SYSTEM 



Division of corrections 

Parole 

Probation 



CHAPTER 
945 

947 



Parole and probation; general provisions 
Jails and jailers 



County and municipal prisoners 

State convicts (Eepealed, 1957) 

State prison farm (Eepealed, 1957) 
Florida schools for boys 
Florida schools for girls 



Commitments to Florida schools for boys and girls 

Industrial plants in state institutions (Transferred to ch. 945) 

TITLE XLVII 

BOARD OP COMMISSIONERS OP STATE INSTITUTIONS 

Divisions of corrections, child training schools, mental health and sun- 
land training centers 



948 
949 
950 
951 
952 
954 
955 
956 
958 
959 



965 



FLORIDA STATUTES 

!9 6 3 

TITLE I 

CONSTRUCTION OF STATUTES 

CHAPTER 1 

DEFINITIONS 



1.01 Definitions. 



1.01 Definitions. — In construing these stat- 
utes and each and every word, phrase, or part 
hereof, where the context will permit: 

(1) The singular includes the plural and 
vice versa. 

(2) The masculine includes the feminine 
and neuter and vice versa. 

(3) The word "person" includes individuals, 
children, firms, associations, joint adventures, 
partnerships, estates, trusts, business trusts, 
syndicates, fiduciaries, corporations and all 
other groups or combinations. 

(4) The word "writing" includes handwrit- 
ing, printing, typewriting and all other methods 
and means of forming letters and characters 
upon paper, stone, wood, or other materials. 

(5) The words "lunatic", "insane persons" 
and other like terms include idiots, lunatics, in- 
sane persons, non compos mentis and persons 
of deranged or unsound mind. 

(6) The words "negro", "colored", "colored 
persons", "mulatto" or "persons of color", when 
applied to persons, include every person having 
one-eighth or more of African or negro blood. 

(7) The word "oath" includes affirmations. 

(8) Reference to any office or officer in- 
cludes any person authorized by law to perform 
the duties of such office. 

(9) Reference to the population or number 
of inhabitants of any county, city, town, village 
or other political subdivision of the state, shall 
be taken to be that as shown by the last pre- 
ceding official decennial federal census, begin- 
ning with the federal census of 1950, which 
shall also be the state census and shall control 
in all population acts and constitutional ap- 
portionments, unless otherwise ordered by the 
legislature. 

(10) The words "public body", "body poli- 
tic" or "political sub-division" include counties, 
cities, towns, villages, special tax school dis- 
tricts, special road and bridge districts, bridge 
districts and all other districts in this state. 



1.02 Legal time. 

(11) Crude turpentine gum (oleoresin), the 
product of a living tree or trees of the pine 
species, and gum-spirits-of-turpentine and gum 
resin as processed therefrom, shall be taken 
and understood to be agricultural products, 
farm products and agricultural commodities. 

(12) The term "natural barrier" when used 
with reference to the possession of real estate 
shall include any cliff, river, sea, gulf, lake, 
slough, marsh, swamp, bay, lagoon, creek, saw- 
grass area, or the like. 

(13) The words "registered mail" shall in- 
clude certified mail with return receipt re- 
quested. 

(14) Whenever the terms "agriculture, agri- 
cultural purposes, agricultural uses" or words 
of similar import are used in any of the statutes 
of the state, such terms shall include horticul- 
ture and floriculture, horticultural purposes 
and floricultural purposes, horticultural uses 
and floricultural uses, and words of similar im- 
port applicable to agriculture shall likewise be 
applicable to horticulture and floriculture. 

History.— §§1, 2064 RS 1892; OS 1, 2580; RGS 1, 8939; 
CGL 1, 5858; 81, ch. 16297, 1933; CGL 1936 Supp. 1(1); §1, 
ch. 17750, 1937; CGL 1940 Supp. 1365(43); subsection (12), 
§1, ch. 24139, 1947, transferred from §1.03; (13) n. by §1, ch. 
57-98; (14) n. by §1, ch. 61-486; (9) |1, ch. 63-572. 

1.02 Legal time. — In all laws, statutes, or- 
ders, rules and regulations of this state, relat- 
ing to the time of performance of any act by 
any officer or department of this state, whether 
in the legislative, executive or judicial 
branches, or relating to the time within which 
any rights shall accrue or determine, or within 
which any act shall or shall not be performed, 
by any person subject to the jurisdiction of 
this state, it shall be understood and intended 
that the said time shall be the United States 
standard time of the zone within which the act 
is to be performed or the right shall accrue or 
determine. 

History.— §1, ch. 3916, 1889; BS 1307; GS 1739, 81, ch. 
6938, 1915; BGS 2954; CGL 4681. 



Ch. 2 



COMMON LAW IN FORCE; REPEALING STATUTES 



Ch. 2 



CHAPTER 2 
COMMON LAW IN FORCE; REPEALING STATUTES 



2.01 Common law and certain statutes de- 

clared in force. 

2.02 Certain laws abrogated saving vested 

rights. 

2.01 Common law and certain statutes de- 
clared in force. — The common and statute laws 
of England which are of a general and not a 
local nature, with the exception hereinafter 
mentioned, down to the fourth day of July, 1776, 
are declared to be of force in this state; pro- 
vided, the said statutes and common law be 
not inconsistent with the constitution and laws 
of the United States and the acts of the legis- 
lature of this state. 

History.— §1, Nov. 6, 1829; RS 59; GS 59; RGS 71; CGL 87. 

cf.— §92.03, The unwritten law of the United States and of 
the several states, etc. 
§678.52, Warehousemen and warehouse receipts. 
§§775.01—775.03, Common law of England. 

2.02 Certain laws abrogated saving vested 
rights. — All the laws and ordinances in force 
in this state to the 22nd day of July, 1822, are 
repealed : provided, nevertheless, that all causes 
of action arising under and founded on, any 
of said laws and ordinances, shall be judicially 



2.03 Certain proceedings valid. 

2.04 Repealed statute not revived by impli- 

cation. 

determined according to the principles and 
rules of said laws and ordinances, anything in 
these statutes to the contrary notwithstanding. 

History.— §2, Nov. 6, 1829; RS 60; GS 60; RGS 72; CGL 88. 

2.03 Certain proceedings valid. — All pro- 
ceedings which have heretofore been had and 
done in the different courts of this state in 
accordance with the provisions of §§2.01 and 
2.02 are declared to be good and valid. 

History.— §3, Nov. 6, 1829; RS 61; GS 61; RGS 73; CGL 89. 

2.04 Repealed statute not revived by impli- 
cation. — No statute of this state which has been 
repealed shall ever be revived bv indication; 
that is to say, if a statute be passed repealing 
a former statute, and a third statute be passed 
repealing the second, the repeal of the second 
statute shall in no case be construed to revive 
the first, unless there be express words in the 
said third statute for this purpose. 

History.— Nov. 2, 1828; RS 62; GS 62; RGS 74; CGL 90. 

cf— §16, Art. m. Const. 1885. 



TITLE II 

STATE ORGANIZATION 

CHAPTER 6 



ADMISSION INTO UNION, CONCESSIONS; STATE BOUNDARIES 



6.01 Assent to terms of admission into the 

union. 

6.02 United States authorized to acquire lands 

for certain purposes. 

6.03 Condemnation of land when price not 

agreed upon. 

6.04 Jurisdiction over such lands; how ceded 

to the United States. 

6.05 Transfer of title and jurisdiction over 

land owned by state. 

6.01 Assent to terms of admission into the 
union. — The State of Florida assents as by the 
statute approved July 25, 1845, to the terms 
of admission of this state into the confederacy 
and union of the United States, and to the 
provisions of the acts of congress respecting 
the public lands of the United States in this 
state. 

History.— Ch. 14, 1845; RS 6; GS 4; BOS 4; CGL 4. 

6.02 United States authorized to acquire 
lands for certain purposes. — The United States 
may purchase, acquire, hold, own, occupy and 
possess such lands within the limits of this 
state as they shall seek to occupy and hold as 
sites on which to erect and maintain forts, 
magazines, arsenals, dockyards, and other need- 
ful buildings, or any of them, as contemplated 
and provided in the constitution of the United 
States ; such land to be acquired either by con- 
tract with owners, or in the manner hereinafter 
provided. 

History.— Jl, ch. 25, 1845; RS 7; GS 5; RGS 5; CGL 5. 

of.— §§6.06, 253.21, Swamp and forest lands. 
§§264.06-264.10, Everglades National Park. 

6.03 Condemnation of land when price not 
agreed upon. — If the officer or other agent em- 
ployed by the United States to make such pur- 
chase and the owner of the land contemplated 
to be purchased, as aforesaid, cannot agree for 
the sale and purchase thereof, the same may 
be acquired by the United States by condemna- 
tion in the same manner as is hereinafter pro- 
vided for condemnation of lands for other pub- 
lic purposes, and any officer or agent authorized 
by the United States may institute and conduct 
such proceedings in their behalf. 

History.— §2, ch. 26, 1845; RS 8; GS 6; RGS 6; CGL 6. 
cf.— Ch. 73 lor uniform procedure In condemnation suits. 

6.04 Jurisdiction over such lands; how ceded 
to the United States. — Whenever the United 
States shall contract for, purchase or acquire 



6.06 United States may acquire state lands 

for national forests. 

6.07 Power conferred on congress to legislate 

with respect to state lands acquired 
for national forests. 

6.08 Boundary between Florida and Alabama. 
6.081 Florida-Alabama boundary redefined. 

6.09 Boundary between Florida and Georgia. 

6.10 Confirmation of certain grants of Georgia. 

6.11 Boundary of Florida, east coast. 

any land within the limits of this state for the 
purposes aforesaid, in either of the modes above 
mentioned and provided, or shall hold for such 
purposes lands heretofore lawfully acquired or 
reserved therefor, and shall desire to acquire 
constitutional jurisdiction over such lands for 
said purposes, the governor of this state may, 
upon application made to him in writing on 
behalf of the United States for that purpose, 
accompanied by the proper evidence of said 
reservation, purchase, contract or acquisition 
of record, describing the land sought to be 
ceded by convenient metes and bounds, there- 
upon, in the name and on behalf of this state, 
cede to the United States exclusive jurisdic- 
tion over the land so reserved, purchased or 
acquired and sought to be ceded; the United 
States to hold, use, occupy, own, possess and 
exercise said jurisdiction over the same for the 
purposes aforesaid, and none other whatsoever; 
provided, always, that the consent aforesaid is 
hereby given and the cession aforesaid is to 
be granted and made as aforesaid, upon the 
express condition that this state shall retain 
a concurrent jurisdiction with the United States 
in and over the land or lands so to be ceded, 
and every portion thereof, so far that all pro- 
cess, civil or criminal, issuing under authority 
of this state, or of any of the courts or judicial 
officers thereof may be executed by the proper 
officers thereof, upon any person amenable to 
the same, within the limits and extent of lands 
so ceded, in like manner and to like effect as 
if this law had never been passed ; saving, how- 
ever, to the United States security to their 
property within said limits and extent, and 
exemption of the same, and of said lands from 
any taxation under the authority of this state 
while the same shall continue to be owned, 
held, used and occupied by the United States 
for the purposes above expressed and intended, 
and not otherwise. 

History — §3, ch. 25, 1845; RS 9; GS 7; RGS 7; CGL 7. 



Ch. 6 



ADMISSION INTO UNION, CONCESSIONS; STATE BOUNDARIES 



Ch. 6 



6.05 Transfer of title and jurisdiction 
over land owned by state. — Whenever a tract 
of land containing not more than four acres 
shall be selected by an authorized officer or 
agent of the United States for the bona fide 
purpose of erecting thereon a lighthouse, 
beacon, marine hospital or other public work, 
and the title to the said land shall be held by 
the state, then on application by the said officer 
or agent to the governor of this state, the said 
executive may transfer to the United States the 
title to, and jurisdiction over, said land; pro- 
vided, always, that the said transfer of title 
and jurisdiction is to be granted and made, as 
aforesaid, upon the express condition that this 
state shall retain a concurrent jurisdiction with 
the United States, in and over the lands so to 
be transferred, and every portion thereof, so 
far that all process, civil or criminal, issuing 
under authority of this state, or any of the 
courts or judicial officers thereof, may be exe- 
cuted by the proper officer thereof, upon any 
person amenable to the same, within the limits 
and extent of the lands so ceded, in like man- 
ner and to like effect as if this law had never 
been passed; saving, however, to the United 
States, security to their property within said 
limits or extent. The said lands shall hereafter 
remain the property of the United States and 
be exempt from taxation as long as they shall 
be needed for said purposes. 

History.— §§1, 2, ch. 630, 1855; ES 10; GS 8; EGS 8: 
CGL 8. 

cf.— Ch. 17837, Acts 1937, for certain described land In Putnam 
County declared to be state property. 

6.06 United States may acquire state lands 
for national forests. — The consent of the state 
is given to the acquisition by the United States, 
by purchase, gift, or condemnation with ade- 
quate compensation, of such lands in Florida 
as in the opinion of the federal government 
may be needed for the establishment, con- 
solidation and extension of national forests 
in the state; provided, that the state shall 
retain a concurrent jurisdiction with the 
United States in and over lands so acquired 
so far that civil process in all cases, and 
such criminal process as may issue under the 
authority of the state against any person 
charged with the commission of any crime 
without or within said jurisdiction, may be 
executed thereon in like manner as if this 
section had not been passed. 

History.— §1, Ch. 8564, 1921; CGL 9. 
cf. — Ch. 17938, Acts 1937, for conveyance of land In Putnam 
County to United States. 

6.07 Power conferred on congress to legis- 
late with respect to state lands acquired for 
national forests. — Congress may pass such laws 
and make or provide for the making of such 
rules and regulations, of both a civil and 
criminal nature, and provide punishment there- 
for, as in its judgment may be necessary for 
the administration, control, and protection of 
such lands as may be from time to time ac- 
quired by the United States under the pro- 
visions of §6.06. 

History.— §2, ch. 8564, 1921; CGL 10. 



6.08 Boundary between Florida and Ala- 
bama. — The line commencing on the Chatta- 
hoochee river near a place known as "Irwin's 
Mills", and running west to the Perdido, 
marked throughout by blazes on the trees, and 
also by mounds of earth thrown upon the line, 
at distances of one mile, more or less, from 
each other, and commonly known as the "Mound 
line" or "Ellicott's line", and by these names 
distinguished from another line above, running 
irregularly at different distances not exceed- 
ing one and a half miles from the "Mound line" 
and marked by blazes only, and known as the 
"Upper line", or "Coffee's line", is the boundary 
line between the States of Florida and Alabama- 
History.— §2, ch. 165, 1848; ES 2; GS 2; RGS 2; CGL 2. 

cf. — Art. I, Const., Boundaries of Florida. 

6.081 Florida - Alabama boundary rede- 
fined. — 

(1) The middle of the Perdido river at its 
mouth, as defined by the constitutions of the 
states of Alabama and Florida, is at latitude 
30° 16' 53" north and longitude 87° 31' 06" 
west as the control point; the boundary line 
at the mouth of Perdido river is fixed, as 
nearly as may be, in the axis of the mouth 
of said river, passing through the control point 
and running north and south and having as 
its northern terminus a point of latitude 30° 
17' 02" north and longitude 87° 31' 06" west, 
and as its southern terminus a point 1,000 feet 
due south of the control point; from the north- 
ern terminus of the boundary line at the mouth 
of the river, the boundary up the lower por- 
tion of said river be a straight line to a 
point at latitude 30° 18' 00" north, longitude 
87° 27' 08" west, thence by a straight line to 
a point in the center line of the intracoastal 
canal at longitude 87° 27' 00" west; the sea- 
ward boundary between Florida and Alabama 
extends from the south end of the boundary 
line at the mouth of Perdido river, thence 
south 0° 01' 00" west to the seaward limit 
of each respective state; and shall be deemed, 
taken and declared, and is hereby deemed, 
taken and declared to be the boundary line 
between the states of Florida and Alabama, 
at the mouth of the Perdido river and ad- 
jacent thereto, and shall be deemed and taken 
as such by the authorities and people of this 
state. 

(2) Nothing herein contained nor any op- 
erations of the provisions of this section shall 
prejudice the rights or claims of private in- 
dividuals to any of the lands herein involved 
whether such rights or claims arise or exist 
upon the basis that the lands herein defined 
as being within the boundaries of the State 
of Alabama were previously a part of the State 
of Florida or included within the boundaries 
of the State of Florida or otherwise. 

History.— Comp. § § 2 and 5, ch. 28141, 1953. 
cf.— Boundary.— Consent given by Public Law 351— 83rd Con- 
gress; House Joint Resolution 347. 

6.09 Boundary between Florida and Geor- 
gia. — The line run and marked by B. F. Whit- 
ner, Jr., on the part of Florida, and G. J. Orr, 
on the part of Georgia, is the permanent bound- 



Ch. 6 



ADMISSION INTO UNION, CONCESSIONS; STATE BOUNDARIES 



Ch. 6 



ary line between the States of Georgia and 
Florida. 

History.— Resolution No. 16, Feb. 8, 1861; E3 3: G3 3: 
RGS 3; CGL 3. 

cf. — Art. I, Const., Boundaries of Florida. 

6.10 Confirmation of certain grants of Geor- 
gia. — The titles of bona fide holders of land 
under any grant from the State of Georgia 
prior to December 22, 1859, in the territory 
formerly claimed by the said state, which land 
is within the State of Florida by the line speci- 
fied in §6.09 remain confirmed so far as this 
state had the right and power to confirm the 
same as provided by the act of December 22, 
1859. 

History— 82, ch. 1017, 1859; BS 456; GS 645; RGS 1229; 
CGL 1785. 



6.11 Boundary of Florida, east coast.- — 

Wherever the coast line of the state, both along 
the east coast of the mainland and along the 
Florida Keys, is in direct contact with the 
waters of the Atlantic ocean or the Florida 
straits, which latter is an arm of the Atlantic 
ocean, the seaward boundary of the state is 
hereby fixed, defined, and interpreted as, and 
is hereby extended to, a line three geographical 
miles distant from said coast line. The term 
"coast line" means the line of ordinary low 
water along that portion of the coast which 
is in direct contact with the open sea and the 
line marking the seaward limit of inland 
waters. 

History.— Comp. §1, ch. 29744, 1955. 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



CHAPTER 7 
COUNTY BOUNDARIES 



7.01 Alachua county. 

7.02 Baker county. 

7.03 Bay county. 

7.04 Bradford county. 

7.05 Brevard county. 

7.06 Broward county. 

7.07 Calhoun county. 

7.08 Charlotte county. 

7.09 Citrus county. 

7.10 Clay county. 

7.11 Collier county. 

7.12 Columbia county. 

7.13 Dade county. 

7.14 DeSoto county. 

7.15 Dixie county. 

7.16 Duval county. 

7.17 Escambia county. 

7.18 Flagler county. 

7.19 Franklin county. 

7.20 Gadsden county. 

7.21 Gilchrist county. 

7.22 Glades county. 

7.221 Glades county, extension of boundary. 

7.23 Gulf county. 

7.24 Hamilton county. 

7.25 Hardee county. 

7.26 Hendry county. 

7.27 Hernando county. 

7.28 Highlands county. 

7.29 Hillsborough county. 

7.30 Holmes county. 

7.31 Indian River county. 

7.32 Jackson county. 

7.33 Jefferson county. 

7.34 Lafayette county. 

7.01 Alachua county. — The boundary lines 
of Alachua county are as follows: Begin where 
the range line between ranges sixteen and 
seventeen east intersects the thread of the 
Santa Fe river; thence run south on said 
range line to the southwest corner of section 
seven, township eleven south, range seventeen 
east; thence run east along the south line of 
sections seven, eight, nine, ten, eleven and 
twelve to the northwest corner of section 
eighteen, township eleven south, range eight- 
een east; thence run south along the west 
line of sections eighteen, nineteen, thirty and 
thirty-one, township eleven south, range eight- 
een east to southwest corner of said section 
thirty-one; thence run east along south line 
of sections thirty-one, thirty-two, thirty-three 
and thirty-four to southeast corner of section 
thirty-four, township eleven south, range eight- 
een east outside of Arredonda grant; thence 
run north along east line of said section thirty- 
four to southwest corner of section thirty-four, 
township eleven south, range eighteen east in- 
side said grant; thence run east along the 
township line between townships eleven and 
twelve, south, to its intersection with the west 
margin of Orange lake; thence following the 
western and southern margin of Orange lake 
to its intersection with the range line between 



7.35 Lake county. 

7.36 Lee county. 

7.37 Leon county. 

7.38 Levy county. 

7.39 Liberty county. 

7.40 Madison county. 

7.41 Manatee county. 

7.42 Marion county. 

7.43 Martin county. 

7.44 Monroe county. 

7.45 Nassau county. 

7.46 Okaloosa county. 

7.47 Okeechobee county. 

7.48 Orange county. 

7.49 Osceola county. 

7.50 Palm Beach county. 

7.501 Palm Beach county; distribution of gaso- 
line taxes. 

7.51 Pasco county. 

7.52 Pinellas county. 

7.53 Polk county. 

7.54 Putnam county. 

7.55 Santa Rosa county. 

7.56 Sarasota county. 

7.57 Seminole county. 

7.58 St. Johns county. 

7.59 St. Lucie county. 

7.60 Sumter county. 

7.61 Suwannee county. 

7.62 Taylor county. 

7.63 Union county. 

7.64 Volusia county. 

7.65 Wakulla county. 

7.66 Walton county. 

7.67 Washington county. 

range twenty-two and twenty-three east; thence 
run north along said range line to where same 
is intersected by the north and east margin 
of Santa Fe lake; thence run north following 
the east margin of said Santa Fe lake to its 
westernmost intersection with a line which 
is the prolongation of the north line of Mc- 
Manus subdivision as per plat book "A", page 
117 of the public records of Alachua county; 
thence west along the north line of said sub- 
division to its intersection with the east line 
of government lot three of section twenty- 
one, township eight south, range twenty-two 
east; thence north along said east line to the 
southeast corner of the southwest quarter of 
the northwest quarter of said section twenty- 
one; thence north along the line between the 
east half and the west half of the northwest 
quarter of said section twenty-one to the north 
line of said section twenty-one; thence west 
along the north line of said section twenty- 
one to the southeast corner of section seven- 
teen, township eight south, range twenty-two 
east; thence west to the southwest corner of 
the southeast quarter of the southeast quar- 
ter of said section seventeen; thence north 
to the southeast corner of the southwest quar- 
ter of the northeast quarter of said section 
seventeen ; thence west to the southwest corner 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



of the east half of the southwest quarter of 
the northeast quarter of said section seven- 
teen; thence north to the northwest corner 
of the east half of the southwest quarter of 
the northeast quarter of said section seven- 
teen; thence west to the southwest corner of 
the northwest quarter of the northeast quar- 
ter of said section seventeen; thence north 
to the half-mile corner of the south line of 
section eight, township eight south, range 
twenty-two east; thence west to the south- 
west corner of the east half of the south- 
east quarter of the southwest quarter of said 
section eight; thence north to the northwest 
corner of the east half of the northeast quar- 
ter of the northwest quarter of said section 
eight; thence north to the northeast corner 
of the west half of the southeast quarter of 
the southwest quarter of section five, town- 
ship eight south, range twenty-two east; thence 
west to the northwest corner of the south- 
west quarter of the southwest quarter of said 
section five; thence north along the west line 
of said section five to the northeast corner 
of the southeast quarter of the northeast 
quarter of section six, township eight south, 
range twenty-two east; thence west to the 
southwest corner of the northeast quarter of 
the northeast quarter of said section six; 
thence north to the northwest corner of the 
northeast quarter of the northeast quarter of 
said section six; thence west along the north 
line of said section six to the northwest cor- 
ner of said section six; thence north along 
the east line of section one, township eight 
south, range twenty-one east to the south- 
east corner of section thirty-six, township 
seven south, range twenty-one east; thence 
north along the east line of said section thirty- 
six to the northeast corner of the southeast 
quarter of the southeast quarter of said sec- 
tion thirty-six; thence west to the northwest 
corner of the southwest quarter of the south- 
west quarter of said section thirty-six; thence 
north along the west line of said section 
thirty-six to its intersection with the thread 
of the Santa Fe river; thence northerly and 
westerly along the thread of the Santa Fe 
river to its intersection with the east line of 
the southwest quarter of the northwest quar- 
ter of section thirty-three, township seven 
south, range twenty-one east; thence north to 
the northeast corner of the southwest quar- 
ter of the northwest quarter of said section 
thirty-three; thence west to the northeast 
corner of the southeast quarter of the north- 
east quarter of section thirty-two, township 
seven south, range twenty-one east; thence 
west to the northwest corner of the southwest 
quarter of the northwest quarter of said sec- 
tion thirty-two; thence west to the southwest 
corner of the northeast quarter of the north- 
east quarter of section thirty-one, township 
seven south, range twenty-one east; thence 
north to the northwest corner of the northeast 
quarter of the northeast quarter of said sec- 
tion thirty-one; thence west to the half-mile 



corner of the south line of section thirty, 
township seven south, range twenty-one east; 
thence north on the quarter section line of 
said section thirty to its intersection with the 
thread of the Santa Fe river; thence south- 
erly and westerly along the thread of said 
Santa Fe river to its intersection with the 
south line of the southwest quarter of the 
northeast quarter of section twenty-eight, 
township seven south, range twenty east; 
thence west to the southwest corner of the 
northeast quarter of said section twenty-eight; 
thence north to the northwest corner of the 
northeast quarter of said section twenty-eight; 
thence west to the northwest corner of said 
section twenty-eight; thence north along the 
east line of section twenty, township seven 
south, range twenty east to the southeast cor- 
ner of the northeast quarter of said section 
twenty; thence west on the quarter section 
line of said section twenty to its intersection 
with the thread of the Santa Fe river; thence 
northerly and westerly along the thread of 
the Santa Fe river to its southernmost inter- 
section with the east line of section two, town- 
ship seven south, range seventeen east; thence 
run south along the east line of said sec- 
tion two to the northeast corner of section 
eleven, township seven south, range seventeen 
east; thence run south along the east line of 
said section eleven to the northeast corner of 
government lot four in said section eleven; 
thence run west to the northwest corner of 
said government lot four; thence run south 
along west line of said government lot four 
to the southwest corner of said government 
lot four; thence run west along the south 
line of said section eleven to the northwest 
corner of section fourteen, township seven 
south, range seventeen east; thence run south 
along the west line of said section fourteen 
to the southwest corner of said section four- 
teen ; thence run east along south line of said 
section fourteen to its intersection with the 
thread of the Santa Fe river; thence run 
southerly and westerly along the thread of 
said river to the point of beginning. 

■,«,£ l9t< L ry ;"^? l f£-.,. 29 ' 182 ^ §3 - Nov - 23. 1828; |L Feb. 10, 
i?i 5 L oh -., 106 V 184ei 51 - ch - 923 ' 18 59; ch. 1765, 1870: RS 38; 
GS 36; §1 ch. 6243, 1911; §1,' ch. 6509, 1913 RGS 89; fill 
Ch. 11371, 1925, CGL 41; am. §1, ch. 28312, 1953. 

7.02 Baker county— The boundary lines of 
Baker county are as follows: Beginning at a 
point at center of township four south, on 
range line dividing ranges eighteen and nine- 
teen east; thence north on said range line to 
the Georgia line; thence easterly on said Geor- 
gia line to the St. Marys river, and then down 
said river, concurrent with the boundary line 
between the States of Georgia and Florida, to 
where the said river intersects with range line 
dividing ranges twenty-two and twenty-three 
east; thence south on said range line to the 
center line of township four south; and then 
west on said township line to the point of 
beginning. 

History.— Feb. 4, 1832; Mar. 15. 1844- 53 oh 89K 1RKR- 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



7.03 Bay county. — The boundary lines of 
Bay county are as follows: Beginning at the 
southwest corner of section eighteen in town- 
ship two, north, range eleven, west; thence 
west on the section line to the southwest corner 
of section eighteen in township two, north, 
range twelve, west; thence south on the range 
line dividing ranges twelve and thirteen, west, 
to the Meridian base line; thence west on the 
base line to the thread of Pine Log creek in 
range sixteen, west; thence southwesterly along 
the thread of said creek into the Choctawatchee 
river to the thread of said river; thence south- 
westerly along the thread of said river to a 
point where said river intersects the range line 
dividing ranges seventeen and eighteen, west; 
thence south on said range line to the Gulf of 
Mexico; thence in a southeastwardly direction 
following the meanderings of said gulf, includ- 
ing the waters of said gulf within the juris- 
diction of the State of Florida, including all 
islands opposite the shore line to a point where 
range line dividing ranges eleven and twelve, 
west, intersects with said gulf; thence north on 
said range line to place of beginning. 

History.— §1, oh. 6605, 1913; 8§1, 2, oh. 6506, 1913: 51 ch. 
6608, 1913; RGS 15: CGL, 17. 

7.04 Bradford county. — The county lines of 
Bradford county are as follows: beginning at 
a point where the thread of New river inter- 
sects the thread of the Santa Fe river; thence 
northeasterly concurrent with the east bound- 
ary of Union county following the meander- 
ings of the said New river to where same is 
intersected by the middle township line of 
township four south, range twenty-two east; 
thence east on said middle township line to 
the range line between ranges twenty-two and 
twenty-three east; thence south on said range 
line to the southeast corner of section twelve, 
township nine south, range twenty-two east; 
thence west on the section line between sec- 
tion twelve and thirteen, township nine south, 
range twenty-two east to Santa Fe lake; 
thence northwesterly following the northeast 
shore of Santa Fe lake to its westernmost 
intersection with a line which is the prolon- 
gation of the north line of McManus sub- 
division as per plat book "A," page 117 of 
the public records of Alachua county; thence 
west along the north line of said subdivision 
to its intersection with the east line of gov- 
ernment lot three of section twenty-one, town- 
ship eight south, range twenty-two east; thence 
north along said east line to the southeast 
corner of the southwest quarter of the north- 
west quarter of said section twenty-one; thence 
north along the lines between the east half 
and the west half of the northwest quarter 
of said section twenty-one to the north line 
of said section twenty-one; thence west along 
the north line of said section twenty-one to 
the southeast corner of section seventeen, 
township eight south, range twenty-two east; 
thence west to the southwest corner of the 
southeast quarter of the southeast quarter of 
said section seventeen; thence north to the 



southeast corner of the southwest quarter of 
the northeast quarter of said section seven- 
teen; thence west to the southwest corner of 
the east half of the southwest quarter of the 
northeast quarter of said section seventeen; 
thence north to the northwest corner of the 
east half of the southwest quarter of the north- 
east quarter of said section seventeen; thence 
west to the southwest corner of the northwest 
quarter of the northeast quarter of said sec- 
tion seventeen; thence north to the half-mile 
corner on the south line of section eight, town- 
ship eight south, range twenty-two east; thence 
west to the southwest corner of the east half 
of the southeast quarter of the southwest quar- 
ter of said section eight; thence north to the 
northwest corner of the east half of the north- 
east quarter of the northwest quarter of said 
section eight; thence north to the northeast 
corner of the west half of the southeast quar- 
ter of the southwest quarter of section five, 
township eight south, range twenty-two east; 
thence west to the northwest corner of the 
southwest quarter of the southwest quarter 
of said section five; thence north along the 
west line of said section five to the northeast 
corner of the southeast quarter of the north- 
east quarter of section six, township eight 
south, range twenty-two east; thence west to 
the southwest corner of the northeast quarter 
of the northeast quarter of said section six; 
thence north to the northwest corner of the 
northeast quarter of the northeast quarter of 
said section six; thence west along the north 
line of said section six to the northwest cor- 
ner of said section six; thence north along 
the east line of section one, township eight 
south, range twenty-one east to the southeast 
corner of section thirty-six, township seven 
south, range twenty-one east; thence north 
along the east line of said section thirty-six 
to the northeast corner of the southeast quar- 
ter of the southeast quarter of said section 
thirty-six; thence west to the northwest cor- 
ner of the southwest quarter of the south- 
west quarter of said section thirty-six; thence 
north along the west line of said section thirty- 
six to its intersection with the thread of the 
Santa Fe river; thence northerly and westerly 
along the thread of the Santa Fe river to 
its intersection with the east line of the 
southwest quarter of the northwest quarter of 
section thirty-three, township seven south, 
range twenty-one east; thence north to the 
northeast corner of the southwest quarter of 
the northwest quarter of said section thirty- 
three; thence west to the northeast corner of 
the southeast quarter of the northeast quar- 
ter of section thirty-two, township seven south, 
range twenty-one east; thence west to the 
northwest corner of the southwest quarter of 
the northwest quarter of said section thirty- 
two; thence west to the southwest corner of 
the northeast quarter of the northeast quar- 
ter of section thirty-one, township seven south, 
range twenty-one east; thence north to the 
northwest corner of the northeast quarter of 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



the northeast quarter of said section thirty- 
one; thence west to the half-mile corner on 
the south line of section thirty, township 
seven south, range twenty-one east; thence 
north on the quarter section line of said sec- 
tion thirty to its intersection with the thread 
of the Santa Fe river; thence southerlv and 
westerly along the thread of said Santa Fe 
river to its intersection with the south line 
of the southwest quarter of the northeast 
quarter of section twenty-eight, township seven 
south, range twenty east; thence west to the 
southwest corner of the northeast quarter of 
said section twenty-eight; thence north to the 
northwest corner of the northeast quarter of 
said section twenty-eight; thence west to the 
northwest corner of said section twenty-eight; 
thence north along the east line of section 
twenty, township seven south, range twenty 
east to the southeast corner of the northeast 
quarter of said section twenty; thence west 
on the quarter section line of said section 
twenty to its intersection with the thread of 
the Santa Fe river; thence northerly and 
westerly along the thread of said Santa Fe 
river to the point of beginning. 

History.— §3, ch. 895, 1858; ch. 1039, 1859; §1, Ch. 1186, 
1861; ch. 1765, 1870; RS 30; GS 28; ch. 8516, 1921; RGS 
30; CQL 32; am. §2, ch. 28312, 1953. 

7.05 Brevard county. — The boundary lines 
of Brevard county are as follows: Beginning 
in the thread of the St. Johns river where the 
line dividing townships twenty-one and twen- 
ty-two south, intersects said river; thence east 
on said township line to the range line dividing 
ranges thirty-three and thirty-four east; 
thence north on said range line to where the 
same intersects the line dividing townships 
nineteen and twenty south; thence east on 
said township line to the Atlantic Ocean; 
thence southward along the Atlantic coast, 
Including the waters of the Atlantic Ocean 
within the jurisdiction of Florida, to the inter- 
section with the centerline of the Sebastian in- 
let produced eastwardly, said inlet being in sec- 
tion twenty of township thirty south range thir- 
ty-nine east; thence westerly on said center- 
line and continuing southwesterly along the 
centerline of the approach channel to said inlet 
from the Indian river to a point due east of the 
mouth of the St. Sebastian river; thence due 
west to the mouth of the St. Sebastian river; 
thence south along the thread of the St. Sebas- 
tian river and the thread of the south fork of 
the St. Sebastian river to a point where the 
line dividing townships thirty and thirty-one 
south intersects the thread of said south fork; 
thence west on said township line to the line 
dividing ranges thirty-four and thirty-five east; 
thence north on said range line to the northeast 
corner of township twenty-five south, range 
thirty-four east and the St. Johns river; thence 
northerly following the thread of said river to 
the point of beginning. 

History.— Mar. 14, 1844; ch. 651, 1855; §2, ch. 1998, 1874; 
ch. 3175, 1879; §1, ch. 3768, 1887; RS 50; §§1, 19, ch. 5567, 
1905; GS 48; §1, ch. 7801, 1917; RGS 53; §1, ch. 10148, 1925; 
CGL 55; §1, ch. 59-486. 



7.06 Broward county. — The boundary lines 
of Broward county are as follows: Beginning 
on the east boundary of the State of Florida 
at a point where the south boundary of town- 
ship forty-seven south of range forty-three 
east, produced easterly, would intersect the 
same; thence westerly on said township boun- 
dary to its intersection with the axis or center 
line of Hillsborough state drainage canal, as at 
present located and constructed; thence west- 
erly along the center line of said canal to its 
intersection with the section line dividing sec- 
tions twenty-six and thirty-five of township 
forty-seven south, of range forty-one east; 
thence westerly on the said section line divid- 
ing sections twenty-six, thirty-five and other 
sections to the northwest corner of said sec- 
tion thirty-one of township forty-seven south 
of range forty-one, east; thence south on the 
range line dividing ranges forty and forty-one 
east, of township forty-seven south, to the 
northeast corner of section twenty-five of town- 
ship forty-seven, south, of range forty east, a 
distance of one hundred and six feet, more or 
less; thence due west on the north boundaries 
of the sections numbered from twenty-five to 
thirty, inclusive, of townships forty-seven 
south, of ranges thirty-seven to forty east, 
inclusive, as the same have been surveyed, or 
may hereafter be surveyed, by the authority 
of the trustees of the internal improvement 
fund of the State of Florida, to the northwest 
corner of section thirty of township forty-seven 
south, of range thirty-seven east; thence con- 
tinuing due west to the range line between 
ranges thirty-four and thirty-five east; thence 
southerly on the range line dividing ranges 
thirty-four and thirty-five east, to the south- 
west corner of township fifty-one south, of 
range thirty-five east; thence east following 
the south line of township fifty-one south, 
across ranges thirty-five, thirty-six, thirty- 
seven, thirty-eight, thirty-nine and forty, to the 
southwest corner of township fifty-one south 
of range forty-one east; thence north on the 
range line dividing ranges forty and forty-one 
to the northwest corner of section thirty-one 
of township fifty-one south, of range forty-one 
east; thence east on the north boundary of 
section thirty-one and other sections to the 
waters of the Atlantic Ocean; thence easterly 
to the eastern boundary of the State of Florida : 
thence northerly along said eastern boundary 
to the point of beginning. 

History.— 11, ch. 6934, 1915; RGS 60; CGI. 66. 

7.07 Calhoun county. — The boundary lines 
of Calhoun county are as follows: Beginning 
at a point in the thread of the Apalachicola 
river where the northern boundary of town- 
ship two north, range seven west, crosses 
said river; thence west on said township line 
to the thread of the Chipola river; thence 
southerly down the thread of the stream of 
the said Chipola river to a point where a line 
drawn through the center of township two 
north, crosses said river; thence west on said 
middle township line to the range line be- 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



tween ranges eleven and twelve west; thence 
south on said range line, concurrent with the 
east boundary of Bay county, to the southwest 
corner of section nineteen, township three 
south, range eleven west; thence east on the 
south line of said section nineteen and other 
sections across ranges eleven west, ten west 
and a portion of nine west to where said 
section line intersects the thread of the Apa- 
lachicola river between sections twenty-three 
and twenty-six, township three south, range 
nine west; thence follow the thread of said 
river to the place of beginning. 

History.— Jan. 26, 1838; oh. I860, 1873; oh. 2061, 1875; 
RS 17; §1, ch. 4576, 1897; 51, ch. 4577, 1897; GS 15; 51, ch. 
6506, 1913; RGS 17; 51, oh. 10132, 1925; CGL 19. 

7.08 Charlotte county. — The boundary lines 
of Charlotte county are as follows : Beginning 
at the northeast corner of township forty 
south, range twenty-seven east; thence south 
on range line dividing ranges twenty-seven 
and twenty-eight east, to the township line 
dividing townships forty-two and forty-three 
south, and Lee county; thence west on said 
township line to the waters of the Gulf of 
Mexico; thence northerly and westerly along 
said Gulf of Mexico, including the waters of 
said gulf within the jurisdiction of the State 
of Florida, to the intersection therewith of 
the township line dividing townships forty 
and forty-one south; thence east on said town- 
ship line to the southeast corner of township 
forty south, range twenty east; thence north 
on the range line dividing ranges twenty and 
twenty-one east to the northwest corner of 
township forty south, range twenty-one east; 
thence east on township line dividing town- 
ships thirty-nine and forty south to the place 
of beginning. 

History.— §3, ch. 3770, 1887; 51. ch. 8513, 1921; CGL 62. 

7.09 Citrus county. — The boundary lines of 
Citrus county are as follows: Beginning at 
a point in the thread or center of the Withla- 
coochee river on the section line dividing sec- 
tions twelve and thirteen, township twenty-one 
south, range twenty east; thence on said line 
west to the southwest corner of section nine, 
township twenty-one south, range nineteen 
east; thence north on said section line to town- 
ship line dividing townships twenty and twenty- 
one south; thence west on said township line 
to the Gulf of Mexico ; thence north along said 
gulf, including all islands along said gulf coast, 
and including the waters of said gulf within the 
jurisdiction of the State of Florida, to the most 
southern outlet of the Withlacoochee river at 
its mouth, leaving out all the islands in the 
mouth of said river; thence westerly along the 
north bank of the said Withlacoochee river to 
where range line dividing ranges seventeen and 
eighteen east, crosses the river; thence south 
on said range line to the thread of said river; 
thence along the thread of said river to point 
of beginning, including all the lands and islands 
which said river line may enclose. 

History.— Ch. 107, 1847; oh. 415, 1850; ch. 3772, 1887; RS 
44; GS 42; 51, ch. 6245, 1911; RGS 46; CGL, 48. 



7.10 Clay county. — The boundary lines of 
Clay county are as follows: Beginning at the 
west margin of the channel of the St. Johns 
river at the dividing line between townships 
three and four south, range twenty-six east; 
thence west on said line to the range line di- 
viding ranges twenty-two and twenty-three 
east; thence south on said range line, con- 
current with the eastern boundary of Baker 
and Bradford counties, to the southeast corner 
of section twelve, township nine south, range 
twenty-two east; thence east on the line divid- 
ing sections seven and eighteen, eight and 
seventeen, township nine south, range twenty- 
three east to the Bellamy or federal road lead- 
ing from St. Augustine to Tallahassee; thence 
east along the north margin of said road to 
its intersection with the south boundary line 
of township seven south; thence east along 
said line to the west margin of the channel 
of the St. Johns river; thence northerly along 
said west margin to the place of beginning. 

History.— Ch. 866, 1868; 51, ch. 1039, 1859; 51, ch. 8469, 
1883; RS 34; GS 32; 51, ch. 6978, 1909; RGS 34; 51, ch. 
12489, 1927; CGL, 36. 

7.11 Collier county. — The boundary lines of 
Collier county are as follows : Beginning where 
the north line to township forty-eight south 
extended westerly intersects the western boun- 
dary of the State of Florida in the waters of 
the Gulf of Mexico; thence easterly on said 
township line to the northwest corner of sec- 
tion four of township forty-eight south of 
range twenty-five east; thence south to the 
northwest corner of section nine of said town- 
ship and range; thence east to the eastern 
boundary line of range twenty-six east; thence 
north on said range line to the northwest 
corner of township forty-seven south of range 
twenty-seven east; thence east on the north 
line of township forty-seven south to the east 
line of range twenty-seven east; thence north 
on said range line to the north line of town- 
ship forty-six south; thence east on the north 
line of township forty-six south to the east 
line of range thirty east; thence south on 
said range line to the north line of township 
forty-nine south; thence east on the north line 
of said township forty-nine south to the east 
line of range thirty-four east and the west 
boundary of Broward county; thence south 
on said range line, concurrent with the west 
boundary of Broward and Dade counties, to 
the point of intersection with the south line 
of township fifty-three south; thence west on 
the south line of said township fifty-three 
south to where that line extended intersects 
the western boundary of the State of Florida 
in the waters of the Gulf of Mexico; thence 
northwesterly and along the waters of said 
Gulf of Mexico, including the waters of said 
gulf within the jurisdiction of the State of 
Florida, to the point of beginning. 

History.— §1, oh. 9362, 1923; CGL, 74. 

7.12 Columbia county. — The boundary lines 
of Columbia county are as follows : Beginning 
at the mouth of the Ichetucknee river where it 
enters the Santa Fe river; thence up the thread 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



of the said Ichetucknee river to Ichetucknee 
spring; thence north on the range line divid- 
ing ranges fifteen and sixteen east to the sec- 
tion line dividing sections one and twelve and 
sections two and eleven, township six south, 
range fifteen east; thence west on said section 
line to the southwest corner of section two, 
township six south, range fifteen east; thence 
north on the section line dividing sections 
two and three, township six south, range fif- 
teen east, across townships six, five, four, 
three, and two south, to the thread of the 
Suwannee river; thence northeast up the 
thread of said river to the Georgia line; thence 
along said line to the range line dividing 
ranges eighteen and nineteen east; thence 
south on said range line to Olustee creek; 
thence southerly down the thread of said creek 
to the Santa Fe river; thence southwesterly 
and northwesterly down the thread of said 
river to its southernmost intersection with the 
east line of section two, township seven south, 
range seventeen east; thence south along the 
east line of said section two to the northeast 
corner of section eleven, township seven south, 
range seventeen east; thence south along the 
east line of said section eleven to the north- 
east corner of government lot four in said 
section eleven; thence west along the north 
line of said government lot four to its north- 
west corner; thence south along the west line 
of said government lot four to its southwest 
corner; thence west along the north line of 
section fourteen, township seven south, range 
seventeen east to the northwest corner of said 
section fourteen; thence south along the west 
line of said section fourteen to its southwest 
corner; thence east along the south line of 
said section fourteen to the thread of the 
Santa Fe river; thence south and west along 
the thread of the Santa Fe river to the point 
of beginning. 

History.— Feb. 4, 1832; §3, ch. 895, 1858; ch. 3948, 1889; 
RS 29; GS 27; §1, ch. 5979, 1909; RGS 29; CGL 31; §3, ch. 
28312, 1953. 

7.13 Dade county. — The boundary lines of 
Dade county are as follows: Beginning at the 
southwest corner of township fifty-one south, 
range thirty-five east; thence east following 
the south line of township fifty-one south, 
across ranges thirty-five, thirty-six, thirty- 
seven, thirty-eight, thirty-nine and forty east, 
to the southwest corner of township fifty-one 
south, range forty-one east; thence north on 
the range line dividing ranges forty and forty- 
one east to the northwest corner of section 
thirty-one, township fifty-one south, range 
forty-one east; thence east on the north bound- 
dary of said section thirty-one and other sec- 
tions to the waters of the Atlantic Ocean; 
thence easterly to the eastern boundary of the 
State of Florida; thence southward along the 
coast, including the waters of the Atlantic 
Ocean and the gulf stream within the juris- 
diction of the State of Florida, to a point on 
the reefs of Florida immediately opposite the 
mouth of Broad creek (a stream separating 
Cayo Lago from Old Rhodes Key) ; thence in 



a direct line through the middle of said stream 
to a point east of Mud Point, said point being 
located on the east line of the west one-half of 
section seven, township fifty-nine south, range 
forty east, at a distance of two thousand three 
hundred feet, more or less, south of the north- 
east corner of the west one-half of said section 
seven being a point on the existing Dade county 
boundary line as established by §7.13; thence 
run southerly along the east line of the west 
one-half of said section seven, township fifty- 
nine south, range forty east, to a point two 
thousand feet, more or less, north of the south 
line of said section seven; thence run westerly 
along a line parallel to the south line of said 
section seven, through the open water midway 
between two islands lying in the west one-half 
of said section seven to a point on the west line 
of section seven, township fifty-nine south, 
range forty east; thence run southerly for a 
distance of two thousand feet, more or less, to 
the southwest corner of said section seven; 
thence run southerly along the west line of 
section eighteen, township fifty-nine south, 
range forty east, to the southwest corner of 
said section eighteen; thence run in a south- 
westerly direction along a straight line to the 
southwest corner of section twenty-four, town- 
ship fifty-nine south, range thirty-nine east; 
thence run southerly along the east line of 
section twenty-six, township fifty-nine south, 
range thirty-nine east, to the southeast corner 
of said section twenty-six; thence run southerly 
along the east line of section thirty-five, town- 
ship fifty-nine south, range thirty-nine east, to 
a point of intersection with a line drawn par- 
allel with the north line of said section thirty- 
five and through the open water midway be- 
tween Main and Short Key ; thence run westerly 
along a line parallel to the north line of said 
section thirty-five, through the open water mid- 
way between Main and Short Key to a point on 
the west line of section thirty-five and a point 
on the east line of section thirty-four, township 
fifty-nine south, range thirty-nine east; thence 
run southwesterly in a straight line to the 
southwest corner of the southeast quarter of 
said section thirty-four and the northeast cor- 
ner of the northwest quarter of section three, 
township sixty south, range thirty-nine east; 
thence run southerly along the east line of the 
northwest quarter of said section three to the 
southeast corner of the northwest quarter of 
said section three; thence run westerly along 
the south line of the northwest quarter of said 
section three to the southwest corner of the 
northwest quarter of said section three ; thence 
run westerly to a point on the northerly bank 
of Manatee creek at the easterly mouth of said 
Manatee creek; thence run westerly meander- 
ing the northerly bank of Manatee creek to the 
intersection thereof with the west right of way 
line of United States highway no. one, said right 
of way line being the east boundary of the Ever- 
glades national park and said north bank of 
Manatee creek being the southerly line of the 
mainland of the State of Florida and the exist- 
ing boundary line between Dade county and 
Monroe county; thence along the mainland to 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



the range line between ranges thirty-four and 
thirty-five east, thence due north on said range 
line to place of beginning. 

History.— Feb. 4, 1836; §1, ch. 1998, 1874; RS 63; GS 61; 
81, ch. 6970, 1909; SI, ch. 6934, 1916; RGS 68; CGL, 64. 
§1, ch. 61-16. 

7.14 DeSoto county. — The boundary lines of 
DeSoto county are as follows: Beginning at 
the southeast corner of township thirty-nine 
south, range twenty-seven east; thence west 
on the township line dividing townships thirty- 
nine south and forty south to the southwest 
corner of township thirty-nine south, range 
twenty-three east; thence north on the range 
line dividing ranges twenty-two east and 
twenty-three east to the northwest corner of 
section nineteen, township thirty-six south 
range twenty-three east; thence east on the 
section lines to the northeast corner of section 
twenty-four, township thirty-six south, range 
twenty-seven east; thence south on the range 
line dividing ranges twenty-seven east and 
twenty-eight east to the southeast corner of 
township thirty-nine south, range twenty- 
seven east, the same being the place of be- 
ginning. 

History.— S3, ch. 3770, 1887; RS 62; GS 60; RGS 67; 
§1, ch. 8618, 1921; CGL 63. 

7.15 Dixie county. — The boundary lines of 
Dixie county are as follows: Beginning at a 
point where township line between townships 
seven and eight south, intersects the Suwannee 
river, thence southerly down the thread of the 
main stream of said Suwannee river to the Gulf 
of Mexico; thence along said Gulf of Mexico, 
including the waters of said gulf within the 
jurisdiction of the State of Florida, to the 
mouth of the Steinhatchee river; thence north- 
erly along the thread of the said Steinhatchee 
river to the point where it is intersected by 
the section line between sections fifteen and 
sixteen, in township eight, south of range ten 
east; thence north on said section line and 
other sections to the township line between 
townships seven and eight south; thence east 
on said township line dividing townships seven 
and eight south, to the point of beginning. 

History.— Ch. 8614, 1921; CGL 69. 

7.16 Duval county. — The boundary lines of 
Duval county are as follows: Beginning at the 
mouth of the Nassau river; thence up the 
thread of the main stream of said river to the 
run of Thomas swamp; thence up the run of 
said swamp to where same would intersect the 
prolongation of a line drawn from the south- 
west corner of township one north, of range 
twenty-five east, to the southwest corner of 
township two south, of range twenty-three east; 
thence on said last mentioned line in a south- 
westerly direction to where its extension 
would intersect the range line dividing ranges 
twenty-two and twenty-three east; thence 
south on said range line, concurrent with the 
Baker county line, to the dividing line between 
townships three and four south; thence east 
on said township line, concurrent with the 
north boundary of Clay county, to the west 



margin of the main channel of the St. Johns 
river; thence southerly along the west margin 
of the main channel of said river, concurrent 
with the east boundary of Clay county, to a 
point where a line drawn due west from the 
mouth of Julington creek would interect said 
western margin of the main channel of the St. 
Johns river; thence, concurrent with the north 
boundary of St. Johns county, due east to the 
mouth of Julington creek; thence along the 
thread of said Julington creek to the south bank 
of Durbin creek; thence eastwardly along the 
south bank of said Durbin creek to a point 
where the range line dividing ranges twenty- 
seven and twenty-eight east intersects said 
south bank; thence south on said range line to 
the southwest corner of township four south, 
range twenty-eight east; thence east on the 
township line dividing townships four and five 
south to the southeast corner of township four 
south, range twenty-eight east; thence north on 
the range line dividing ranges twenty-eight and 
twenty-nine east to a point where an extension 
of the section line between sections eight and 
seventeen and sections nine and sixteen, town- 
ship three south, range twenty-nine east, would 
intersect said section line; thence east on said 
section line to the Atlantic Ocean; thence 
northward along the Atlantic coast, including 
the waters of said ocean within the jurisdiction 
of the State of Florida, to the point of begin- 
ning. 

History.— Aug. 12, 1822; Dec. 29, 1824; Nov. 23, 1828; ch. 
920, 1859; §1, ch. 1186, 1861; ch. 2068, 1875; RS 33; GS 31; 
RGS 33; CGL 35. 

7.17 Escambia county. — The county of Es- 
cambia comprehends all that part of the state 
of Florida lying to the west and south of a line 
beginning at the Alabama line where said line 
crosses the Escambia river; running thence 
down the thread of said river to Escambia bay; 
thence along said bay to Deer point, at the inter- 
section of Santa Kosa sound with said bay; 
thence up said Santa Rosa sound to a line 
parallel to and exactly three miles west of the 
range line dividing ranges twenty-five and 
twenty-six west, thence south along such par- 
allel line to the waters of the gulf of Mexico; 
excluding only that area of Santa Rosa island 
and Santa Rosa sound comprising right of way 
of a bridge from the mainland of Santa Rosa 
county near Navarre to Santa Rosa island said 
right of way being two hundred feet wide plus 
such additional width as may be required for 
fills and other construction, and a road right 
of way on Santa Rosa island one hundred 
twenty feet wide, running from the west line 
of section twenty-seven in township two south, 
range twenty-six west, westerly to the west 
line of section thirty-six in township two south, 
range twenty-seven west on said island ; provid- 
ing that Escambia county shall have jurisdic- 
tion of offenses committed on the waters of the 
gulf of Mexico adjacent to the shores of Santa 
Rosa island which lie west of the parallel line 
three miles west of the range line between 
ranges twenty-five and twenty-six west; and the 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



counties of Escambia and Santa Rosa shall have 
concurrent jurisdiction over the waters of 
Santa Rosa sound and the area on Santa Rosa 
island comprising the right of way of the 
bridge and road heretofore described. 

History — July 21, 1821; Nov. 23, 1823; Feb. 18, 1842; RS 
11; GS 9; RGS 9; CGL 11; §1, ch. 23867, 1947; §1, ch. 67-834. 
cf.— §§3, 4. ch. 23867, 1947. 

7.18 Flagler county. — The boundary lines of 
Flagler county are as follows: Beginning on 
the township line between townships nine and 
ten south at a point directly north of Sum- 
mer Haven ; thence southwesterly to the mouth 
of Pellicer's creek; thence westerly along the 
middle of Pellicer's creek to a point where 
said creek intersects the range line between 
ranges twenty-nine and thirty east; thence 
south on said range line to the southeast 
corner of section thirteen, township ten south, 
range twenty-nine east; thence west on the 
south boundary of said section thirteen and 
other sections to the range line between ranges 
twenty-seven and twenty-eight east; thence 
south on said range line to the township line 
between townships eleven and twelve south; 
thence south and easterly through the middle 
of Crescent lake crossing Bear island on a line 
easterly of and parallel to the west line of sec- 
tion nineteen, township twelve south, range 
twenty-eight east, said line being ten thousand 
two hundred eighty feet easterly, measured at 
right angles from said west line of section 
nineteen, which line crosses approximately in 
the center of Bear island, then continuing south 
and easterly through the middle of said lake 
to the mouth of Haw creek; thence due east to 
a point where said creek is intersected by the 
range line between ranges twenty-eight and 
twenty-nine east; thence south on said range 
line to the southwest corner of section nineteen, 
township fourteen south, range twenty-nine 
east; thence east on the south line of said sec- 
tion nineteen and other sections to the south- 
east corner of section twenty-two, township 
fourteen south, range thirty-one east; thence 
north on the east line of said section twenty- 
two and other sections to the township line 
between townships twelve and thirteen south; 
thence east on said township line to a point 
where same is intersected by the King's road; 
thence northerly along said King's road to a 
point where the line dividing the Bulow and 
Ormond grants intersects said road; thence 
along the said line between the said two grants 
in a northeasterly direction across Bulow creek; 
thence following a continuance of this line, be- 
ing the line dividing the lots seven and eight 
of the subdivision of the Bulow grant, to the 
intersection with the Haulover or Smith creek; 
thence along said Haulover or Smith creek to 
the intersection of the line running east between 
sections thirty and thirty-one, and twenty-nine 
and thirty-two, township twelve south, range 
thirty-two east; thence along said line to the 
Atlantic coast; thence northerly along the 
shore of the Atlantic Ocean, including the 
waters of said ocean within the jurisdiction 



of the State of Florida, to the point of be- 
ginning. 

History.— §1, Ch. 7399, 1917; RGS 36; CGL 38; §1, ch. 59-488. 

7.19 Franklin county. — The boundary lines 
of Franklin county are as follows: Beginning 
at a point on the Apalachicola river, known as 
the mouth of Black or Owl creek; thence north- 
erly up the western bank of said creek to where 
the same intersects the middle section line of 
section twenty-six, township five south, range 
eight west; thence due east on the middle 
section line to the eastern bank of the Ock- 
locknee river; thence south and easterly fol- 
lowing the eastern bank of said river, includ- 
ing the islands in said river; to a point 
directly north of the easternmost point of 
James island; thence easterly to the boundary 
line of the State of Florida ; thence south and 
westerly along said boundary line, including 
the waters of the Gulf of Mexico within the 
jurisdiction of the State of Florida, to the 
Forbes line, produced southerly; thence fol- 
lowing the Forbes line until it crosses the 
waters of the Apalachicola river; thence 
northerly along the thread of said river to 
the place of beginning. 

History.— Feb. 8, 1832; ch. 412, 1851; ch. 3624, 1885; RS 
18; GS 16; RGS 18; CGL 20. 

7.20 Gadsden county. — The boundary lines 
of Gadsden county are as follows : Beginning at 
a point in the thread of the Apalachicola river 
where said river is intersected by the boundary 
line between the States of Georgia and Flor- 
ida; thence east on said boundary line to the 
thread of the Ocklocknee river; thence south- 
erly along the thread of the said Ocklocknee 
river to a point where the north boundary line 
of section sixteen, township one south, range 
four west, intersects said thread of said river; 
thence due west to the western bank of said 
river; thence southerly along the western 
bank of said river to a point where same is 
intersected by the north line of section twen- 
ty, township one south, range four west; 
thence west to the northwest corner of section 
nineteen, township one south, range four west; 
thence north to the southeast corner of section 
one, township one south, range five west; 
thence west to the southwest corner of section 
two, township one south, range five west; 
thence north to the southeast corner of section 
twenty-two, township one north, range five 
west; thence west to the range line between 
ranges five and six west; thence north on said 
range line to the southeast corner of township 
two north, range six west; thence west to the 
southwest corner of section thirty-five, town- 
ship two north, range six west; thence north 
to the northwest corner of said section thirty- 
five; thence west to the range line between 
ranges six and seven west; thence north, 
to the northwest corner of township two north, 
range six west; thence west to the thread of 
the Apalachicola river; thence north, following 
the thread of said river, to the place of be- 
ginning. 

History.— June 24, 1823; Dec. 29, 1824; Nov. 23, 1828; 
51, ch. 1046, 1859; RS 19; GS 17; §1, ch. 5966, 1909; RGS 
19; CGL. 21; SI, oh. 16436, 1933. 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



7.21 Gilchrist county. — The boundary lines 
of Gilchrist county are as follows: Beginning 
at a point where the range line between ranges 
sixteen and seventeen east, is intersected by 
the township line between townships ten and 
eleven south; thence west on the township 
line dividing townships ten and eleven south, 
to the range line dividing ranges fifteen and 
sixteen east; thence north on said range line 
to the northeast corner of section thirty-six, 
township ten south, range fifteen east; thence 
west to the northwest corner of said section 
thirty-six; thence north on the section line 
between sections twenty-five and twenty-six, 
township ten south, range fifteen east, one 
half mile, to the northeast corner of the south- 
west quarter of said section twenty-five; 
thence due west through the center of section 
twenty-six and other sections in township ten 
south, range fifteen east, to the range line 
dividing ranges fourteen and fifteen east; 
thence north on said range line one half mile 
to the northeast corner of section twenty-five, 
in township ten south, range fourteen east; 
thence due west on the north boundary line of 
said section twenty-five and other sections to 
the thread of the Suwannee river; thence 
northerly up the thread of the Suwannee river 
to the thread of the Santa Fe river; thence 
north and easterly up the thread of the said 
Santa Fe river to a point where the same is 
intersected by the range line dividing ranges 
sixteen and seventeen east; thence south on 
said range line to the place of beginning. 

History.— §1, ch. 11371, 1925; CGL 78. 

7.22 Glades county. — The boundary lines of 
Glades county are as follows : Beginning at the 
northwest corner of township forty south, 
range twenty-eight east; thence east on town- 
ship line dividing townships thirty-nine and 
forty south to the southeast corner of township 
thirty-nine south, range thirty east; thence 
north on range line dividing ranges thirty and 
thirty-one east, to the northwest corner of town- 
ship thirty-nine south, range thirty-one east; 
thence east on township line dividing town- 
ships thirty-eight and thirty-nine south, to the 
northeast corner of township thirty-nine south, 
range thirty-one east; thence north on range 
line dividing ranges thirty-one and thirty-two 
east, to the northwest corner of township 
thirty-eight south, range thirty-two east; thence 
east on township line dividing townships thirty- 
seven and thirty-eight south, to the intersection 
of the same with the Kissimmee river, and the 
western boundary of Okeechobee county; 
thence southerly along the thread of the Kis- 
simmee river and the western boundary of 
Okeechobee county, to the mouth of said Kis- 
simmee river; thence in a southerly direction 
in a straight course to the southeast corner of 
section twenty-five, being the northeast corner 
of section thirty-six, township forty south, 
range thirty-four east; thence southwesterly in 
a straight course to a point two miles east of 
the range line between ranges thirty-three and 
thirty-four east, on the line between townships 



forty-two and forty-three south ; thence west on 
the township line dividing townships forty-two 
and forty-three south, to the southwest corner 
of section thirty-three, township forty-two 
south, range twenty-nine east; thence north on 
the section line to the northwest corner of said 
section thirty-three; thence west to the north- 
west corner of the northeast quarter of section 
thirty-one, township forty-two south, range 
twenty-nine east; thence south on the half sec- 
tion line to the township line dividing town- 
ships forty-two and forty-three south; thence 
west on said township line dividing townships 
forty-two and forty-three south to the south- 
west corner of township forty-two south, range 
twenty-eight east; thence north on the range 
line dividing ranges twenty-seven and twenty- 
eight east, concurrent with the eastern bound- 
ary of Charlotte county, to the place of 
beginning. 

History — §3, ch. 3770, 1887; §1, ch. 8513, 1921; fl, ch. 
10596, 1925; 11, ch. 18568, 1937; CGL 61; §1, ch. 63-200. 
cf. — 7.501 Palm Beach county; distribution gasoline taxes. 

7.221 Glades county, extension of boun- 
dary. — 

(1) The existing boundaries of Glades 
county, Florida, be, and the same are enlarged 
and extended so as to comprise and include 
the following described additional territory now 
described as follows: 

All that portion of the S>S of section 32, 
township 39 south, range 30 east lying east 
of federal highway no. 19 in Highlands county, 
Florida. 

(2) Said territory herein and hereby added 
to Glades county, Florida, shall, after June 13, 
1949, be as much a portion of said Glades 
county, as if originally incorporated therein. 

History.— Comp. §1, ch. 25612, 1949. 

7.23 Gulf county. — The boundary lines of 
Gulf county are as follows: Beginning at a 
point in the Apalachicola river where said 
river is intersected by the section line between 
sections twenty-three and twenty-six, township 
three south, range nine west; thence west on 
said section line and other section lines across 
the remainder of ranges nine west and ranges 
ten and eleven west to the southwest corner 
of section nineteen, township three south, 
range eleven west, at the Bay county line; 
thence south on the range line between ranges 
eleven and twelve west, concurrent with the 
eastern boundary of Bay county, to the Gulf 
of Mexico; thence south and easterly through 
said gulf, including the waters of the Gulf 
of Mexico within the jurisdiction of the State 
of Florida, to a point where the Forbes line 
would intersect said boundary line; thence 
northeasterly with said line until same crosses 
the waters of the Apalachicola river; thence 
northerly up the thread of said river to the 
place of beginning. 

History.— Ch. 10132, 1925; CGL 75. 

7.24 Hamilton county. — The boundary lines 
of Hamilton county are as follows: Beginning 
in the thread of the Withlacoochee river where 
the boundary line between the States of Geor- 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



gia and Florida intersects said river; thence 
southerly along the thread of said river to 
where it joins the thread of the Suwannee 
river; thence east and northerly following the 
thread of said Suwannee river where same is 
intersected by the boundary line between the 
States of Georgia and Florida; thence west 
along said boundary line to the place of 
beginning. 

History.— Dec. 26, 1827; Nov. 23, 1828; RS 27; GS 26; 
RGS 27; CGL 29. 

7.25 Hardee county. — The boundary lines of 
Hardee county are as follows : beginning at the 
northeast corner of township thirty-three 
south, range twenty-seven east; thence south 
on range line dividing ranges twenty-seven 
and twenty-eight east, to the southeast corner 
of section thirteen, township thirty-six south, 
range twenty-seven east; thence west follow- 
ing the section line to the southwest corner 
of section eighteen, township thirty-six south, 
range twenty-three east; thence north on range 
line dividing ranges twenty-two and twenty- 
three east to the northwest corner of township 
thirty-three south, range twenty-three east; 
thence east on township line dividing townships 
thirty-two and thirty-three east, to the place 
of beginning. 

History.— §3, ch. 3770, 1887; §1, ch. 8513, 1921; CGL, 69. 

7.26 Hendry county. — The boundary lines 
of Hendry county are as follows: Beginning 
where the north line of township forty-three 
south, intersects the range line between ranges 
twenty-seven and twenty-eight east, at the line 
between Charlotte and Glades counties; thence 
south on said range line to the north line of 
township forty-six south; thence east on the 
north line of township forty-six south, to the 
east line of range thirty east; thence south 
on said east line of range thirty east, to the 
north line of township forty-nine south ; thence 
east on said north line of township forty-nine 
south, to the east line of range thirty-four east, 
and the west boundary of Broward county; 
thence north on said east line of range thirty- 
four east, concurrent with the west boundary 
of Broward and Palm Beach counties, to where 
said east line intersects the south shore of Lake 
Okeechobee; thence due north on said east 
line of range thirty-four east, to the northeast 
corner of section thirty-six, township forty 
south, range thirty-four east; thence south- 
westerly in a straight course to a point two 
miles east of the range line between ranges 
thirty-three and thirty-four east, on the line 
between townships forty-two and forty-three 
south; thence west on the north line of town- 
ship forty-three south, to the southwest corner 
of section thirty-three, township forty-two 
south, range twenty-nine east; thence north on 
the west line of said section thirty-three to the 
northwest corner of said section thirty-three; 
thence west on the north boundary line of sec- 
tions thirty-two and thirty-one of township 
forty-two south, range twenty-nine east, to the 
northwest corner of the northeast quarter of 



section thirty-one in said township and range; 
thence south on the middle section line of said 
section thirty-one to the north line of township 
forty-three south; thence west on said town- 
ship line to the place of beginning. 

The existing boundaries of Hendry county 
are hereby enlarged and extended so as to com- 
prise and include the following described addi- 
tional territory: Begin on the County Line be- 
tween Hendry and Glades County, on the South 
line of Section 36, Township 42 South, Range 
29 East, at a point 2572.81 feet Westerly of the 
Southeast corner of said Section 36, thence 
from a tangent bearing of North 73°20'59" 
East run Northeasterly along a curve concaved 
to the Southeast having a radius of 1196.28 
feet through a central angle of 16°37'14" for 
a distance of 347.02 feet to the end of curve; 
thence North 89°58'13" East 2230.64 feet to 
East line of Section 36, Township 42 South, 
Range 29 East; thence North 89°58'13" East 



2563.80 


feet; 


thence 


North 


89°55'43" 


East 


1170.63 


feet; 


thence 


North 


89°57'23" 


East 


3029.37 


feet" 


thence 


North 


89°54'53" 


East 


3900.00 


feet; 


thence 


North 


89°56'53" 


East 


4114.17 


feet, 


thence 


North 


89°55'53" 


East 


2612.89 


feet; 


thence 


North 


89°54'08" 


East 


6272.94 


feet 


thence 


North 


89°52'53" 


East 


3411.00 


feet 


thence 


South 


89°45'26" 


East 


2789.00 


feet 


thence 


South 


89°47'46" 


East 


700.00 


feet 


; thence 


South 


89°45'26" 


East 


1300.00 


feet 


thence 


South 


89°53'26" 


East 



95.20 feet to the East line of Section 36, Town- 
ship 42 South, Range 30 East, at a point 5259.75 
feet South of the Northeast corner of said 
Section 36; thence continue South 89°53'26" 
East 3340.50 feet; thence South 89°56'11" East 
4664.30 feet; thence South 89°57'11" 



East 
East 
East 
East 
East 
East 



1500.00 feet; thence South 89°59'31" 
2000.00 feet; thence South 89°57'11" 
1064.05 feet; thence South 89°58'11" 
2493.95 feet; thence North 89°53'49" 
4142.00 feet; thence North 89°55'09" 
2234.94 feet to the East line of Section 34, 
Township 42 South, Range 31 East, at a point 
5229.50 feet South of the Northeast corner of 
said Section 34; thence continue North 
89°55'09" East 5.38 feet; thence South 89°43'31" 
East 3859.68 feet; thence South 89°41'51" East 
1390.84 feet to the West line of Section 36, 
Township 42 South, Range 31 East, at a point 
5251.30 feet South of the Northwest corner of 
said Section 36; thence continue South 
89°41'51" East 5083.59 feet to beginning of 
curve concaved to the Southwest having a 
radius of 1196.28 feet and a central angle of 
18°05'19"; thence Southeasterly along said 
curve a distance of 377.67 feet to its inter- 
section with the South line of Section 36, Town- 
ship 42 South, Range 31 East on the County 
Line between Glades and Hendry Counties. 

Such deletion from Glades county and addi- 
tion to Hendry county shall not affect the 
computation of taxes on or from gasoline made 
pursuant to law. 

History.— §1, ch. 9360, 1923; §1, ch. 10090, 192S; ch. 18568, 
" CGL 72; §7, ch. 22858, 1945; §2, ch. 63-200; 881, 2, ch. 



1937: 

63-391 

of. — 7.501 Palm Beach county 



distribution of gasoline taxes. 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



7.27 Hernando county. — The boundary lines 
of Hernando county are as follows : Beginning 
at a point on the Withlacoochee river where the 
same is intersected by the section line dividing 
sections twelve and thirteen, township twenty- 
one south, range twenty east; thence south- 
easterly along the thread of said river to the 
juncture therewith of the Little Withlacoochee 
river; thence southeasterly along the thread 
of said Little Withlacoochee river to the head 
of same ; thence east to the range line between 
ranges twenty-two and twenty-three east; 
thence south on said range line to the line 
dividing sections twenty-four and thirteen, 
township twenty-three south, range twenty-two 
east; thence west on said section line and 
other section lines to the line between ranges 
twenty and twenty-one east; thence south on 
said range line to the line dividing townships 
twenty-three and twenty-four south; thence 
west on said township line to the Gulf of Mexi- 
co; thence northerly, including the waters of 
said gulf within the jurisdiction of the State 
of Florida, to the township line dividing town- 
ships twenty and twenty-one south; thence 
east, concurrent with the south boundary line 
of Citrus county, on said township line to 
where same is intersected by the section line 
dividing sections four and five, township twen- 
ty-one south, range nineteen east; thence 
south on said section line and other section 
lines to the southwest corner of section nine, 
township twenty-one south, range nineteen 
east; thence east on the south line of said 
section nine and other sections to the place of 
beginning. 

History.— Ch. 107, 1847; oh. 416, 1850; 581, 8, ch. 8772, 
1887; ES 45; OS 43; EGS 47; CGL 49. 

7.28 Highlands county. — The boundary lines 
of Highlands county are as follows: Begin- 
ning at the northwest corner of township thir- 
ty-three south, range twenty-eight east; thence 
east on township line dividing townships 
thirty-two and thirty-three south, to the inter- 
section of same with the Kissimmee river; 
thence southerly along the thread of said river 
and bordering Okeechobee county, to the in- 
tersection of the township line dividing town- 
ships thirty-seven and thirty-eight south with 
said river and boundary; thence west on said 
township line to the southwest corner of town- 
ship thirty-seven south, range thirty-two east; 
thence south on range line dividing ranges 
thirty-one and thirty-two east to the southwest 
corner of township thirty-eight south, range 
thirty-two east; thence west on the township 
line dividing townships thirty-eight and thirty- 
nine south to the northwest corner of township 
thirty-nine south, range thirty-one east; thence 
south, on the range line dividing ranges thirty 
and thirty-one east, to the southwest corner 
of township thirty-nine south, range thirty- 
one east; thence west on the township line 
dividing townships thirty-nine and forty south, 
to the northwest corner of township forty 
south, range twenty-eight east; thence north 
on the range line dividing ranges twenty- 



seven and twenty-eight east to the place of be- 
ginning. 

History.— %3, ch. 8770, 1887; 51, ch. 8513, 1921; COL 60. 
Cf. — §7.221 certain territory formerly included in High- 
lands County now included in boundaries of 
Glades County. 

7.29 Hillsborough county. — The boundary 
lines of Hillsborough county are as follows: 
Beginning at the northeast corner of section 
one in township twenty-seven south, range 
sixteen east; thence east on the north line 
of township twenty-seven south to the line 
between ranges twenty-two and twenty-three 
east; thence south on said range line to the 
line between townships thirty-two and thirty- 
three south; thence west on said township 
line to the south bank of Tampa bay; thence 
in a direct line to a point midway between 
Egmont and Passage keys in the Gulf of 
Mexico; thence westerly to the boundary of 
the State of Florida; thence northerly on the 
boundary of the State of Florida to a point 
in the Gulf of Mexico due west of the northern 
shore of Mullet key; thence due east to a 
point one hundred yards due west of the north- 
ernmost shore of Mullet key; thence in a line 
one hundred yards from the shore line around 
the southern portion of Mullet key to a point 
one hundred yards due east of the eastern- 
most shore of Mullet key; thence due north 
to a point due east of the northernmost shore 
of Mullet key; thence due east to the middle 
waters of Tampa bay; thence in a northerly 
direction through the middle waters of Tampa 
bay and Old Tampa bay to a point where the 
range line between ranges sixteen and seven- 
teen east strikes said shore; thence north on 
said range line to the place of beginning. 

History.— Jan. 25, 1834; 82, ch. 107, 1847; ch. 1201, 1861; 
RS 47; GS 45; 81, ch. 6247, 1911; RGS 49; CGL 61; 81, ch. 
19058, 1939. 

7.30 Holmes county. — The boundary lines 
of Holmes county are as follows: Beginning 
on the Alabama state line where it is inter- 
sected by the line dividing centrally range eigh- 
teen, west; thence south on the section lines 
to the line dividing townships two and three, 
north, in range eighteen, west; thence east on 
said township line to the thread of the Choc- 
tawhatchee river; thence up the thread of said 
river to a point where said river is intersected 
by the township line between townships four 
and five north; thence east on said township 
line to the northwest corner of section four, 
township four north, range fifteen west; thence 
south one mile on section line to the southwest 
corner of section four, township four north, 
range fifteen west; thence east one mile to the 
southeast corner of section four, township four 
north, range fifteen west; thence south on sec- 
tion lines two miles to the southwest corner 
of section fifteen, township four north, range 
fifteen west; thence east on section lines to 
the thread of Holmes creek; thence northward 
up the thread of Holmes creek to a point where 
said creek crosses the Alabama line; thence 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



west on said state line to the place of be- 
ginning. 

History.— Ch. 176, 1848; RS 14; GS 12; §2, ch. 6935, 1915; 
RGS 13; CGL, 15. 

7.31 Indian River county. — The boundary 
lines of Indian Eiver county are as follows: 
Beginning at the northwest corner of town- 
ship thirty-one south, of range thirty-five east; 
thence east on the line dividing the townships 
thirty and thirty-one south, to the point where 
said line intersects the medial line of the south 
fork of the St. Sebastian river; thence north- 
erly down the thread of said stream to the 
main stream of the St. Sebastian river; thence 
down the thread of the St. Sebastian river to 
its confluence with the Indian river; thence 
east to the intersection with the southwesterly 
extension of the centerline of the approach 
channel to the Sebastian inlet from the Indian 
river; thence northeasterly along said center- 
line and continue northeasterly and easterly 
along the centerline of the Sebastian inlet to 
the Atlantic Ocean; thence southward along 
the Atlantic coast, including the waters of the 
Atlantic Ocean within the jurisdiction of the 
State of Florida to the township line between 
townships thirty-three and thirty-four south; 
thence west on said township line to range line 
dividing ranges thirty-five and thirty-six east; 
thence north between ranges thirty-five and 
thirty-six east to the northeast corner of sec- 
tion one, township thirty-three south, range 
thirty-five east; thence west on township line 
dividing townships thirty-two and thirty-three 
south, range thirty-five east to the range line 
dividing ranges thirty-four and thirty-five east; 
thence north on said range line to the north- 
west corner of township thirty-one south, range 
thirty-five east, being the place of beginning. 

History.— §1, ch. 10148, 1925; CGL 76; §2, ch. 59-486. 

7.32 Jackson county. — The boundary lines 
of Jackson county are as follows: Beginning 
at the point where the state line between the 
State of Florida and the State of Alabama 
crosses Holmes creek; thence southerly down 
the thread of said creek to the section line in 
the middle of township five north, range four- 
teen west; thence east on the section line to 
the northeast corner of section twenty-four, 
township five north, range thirteen west; 
thence south on range line between ranges 
twelve and thirteen west, to the township line 
between townships four and five north; thence 
east on said township line to the middle of 
range twelve west; thence south on the middle 
of said range to the middle of township two 
north, range twelve west; thence east on the 
middle of township two north, to the thread 
of the Chipola river; thence northerly up the 
thread of the Chipola river to the northern 
boundary line of said township two; thence 
east on the northern boundary line of town- 
ship two north, to the thread of the Apalachi- 
cola river; thence northward up the thread of 
said river and the Chattahoochee river to the 



Alabama line ; and thence westward along said 
state line to the place of beginning. 

History.— Aug. 12, 1822; Dee. 29, 1824; ch. 1954, 1873; 
ch. 2061, 1875; RS 16; §1, ch. 4296, 1893; §1, ch. 4576, 1897; 
GS 14; §1, ch. 6935, 1915; RGS 16; CGL 18. 

7.33 Jefferson county. — The boundary lines 
of Jefferson county are as follows: Beginning 
at the point on the Gulf of Mexico where the 
line between ranges two and three east strikes 
said gulf; thence north on said line to the 
base parallel line; thence in a direction north- 
east to the point where the sections twenty- 
one, and twenty-eight and twenty-nine of 
township one north, range three east, cor- 
ner; thence north on the section line dividing 
sections twenty and twenty-one and other sec- 
tions of township one north, range three east, 
to township line dividing townships one and 
two north, range three east; thence east on 
said township line to the waters of the Mic- 
cosukie; thence up Lake Miccosukie to the 
south boundary of township three north, range 
three east; thence on said township line to 
the east line of section thirty-four in said 
township three north, range three east; 
thence north on the east line of section thirty- 
four and other sections in said township and 
said range to the boundary line between the 
States of Georgia and Florida; thence east 
along said boundary line to the northwest 
corner of lot number one hundred eighty, 
township three north, range seven east, or 
the west boundary of Madison county; thence 
south to the southwest corner of said lot 
number one hundred eighty; thence east on 
the south boundary of said lot number one 
hundred eighty to the northeast corner of 
section twenty-seven, township three north, 
range seven east; thence due south to the 
southeast corner of section ten, township two 
north, range seven east; thence due west to 
the southwest corner of the said section ten; 
thence due south to the southeast corner of 
section sixteen, township two north, range 
seven east; thence due west to the southwest 
corner of said section sixteen; thence due 
south to the southeast corner of section twen- 
ty, township two north, range seven east; 
thence due west to the southwest corner of 
section nineteen, township two north, range 
seven east; thence due south to the southeast 
corner of section twenty-five, township two 
north, range six east; thence due west to the 
southwest corner of section twenty-six, town- 
ship two north, range six east; thence due 
south to the southwest corner of section thir- 
ty-five, township two north, range six east; 
thence due west to the thread of the Big 
Aucilla river; thence southerly along the 
thread of said river, concurrent with the west 
boundary of Madison and Taylor counties, to 
the mouth of said Big Aucilla river; thence 
westerly through the waters of the Gulf of 
Mexico, including the waters of said gulf 
within the jurisdiction of the State of Flor- 
ida, to the point of beginning. 

History.— Jan. 20 1827; Nov. 23, 1828; ch. 3176. 187»: 
ch. 3304, 1881; RS 23; GS 21; RGS 23; CGL 25. 



Ch.7 



COUNTY BOUNDARIES 



Ch. 7 



7.34 Lafayette county. — The boundary lines 
of Lafayette county are as follows : Beginning 
at a point where township line between town- 
ships seven and eight south intersects and 
crosses the Suwannee river; thence west on 
said township line to the southeast corner 
of section thirty-one, township seven south, 
range ten east; thence north on the east line 
of said section thirty-one and other sections 
to the southeast corner of the northeast quar- 
ter of section seven, township seven south, 
range ten east; thence due west to the range 
line dividing ranges nine and ten east; thence 
north on said range line to the northwest cor- 
ner of township three south, range ten east; 
thence east on the township line dividing 
townships two and three south, to where same 
intersects the Suwannee river; thence south- 
erly following the thread of said river to the 
place of beginning. 

History.— §2, ch. 806, 1866; ch. 3766, 1887; RS 26; GS 
24; §1, ch. 6246, 1911; ch. 8E14, 1921; RGS 26; CGL 28. 

7.35 Lake county. — The boundary lines of 
Lake county are as follows: Beginning at the 
intersection of the range line dividing ranges 
twenty-three and twenty-four east with the 
township line dividing townships twenty-four 
and twenty-five south; thence east on said 
township line to the range line dividing ranges 
twenty-four and twenty-five east; thence north 
on said range line to the section line dividing 
sections thirty and thirty-one, in township 
twenty-four south, range twenty-five east; 
thence east on the north line of sections thirty- 
one, thirty-two, thirty-three and thirty-four in 
said township twenty-four south, range twenty- 
five east, to the northeast corner of said sec- 
tion thirty-four; thence south on the east line 
of said section thirty-four to the township line 
dividing townships twenty-four and twenty- 
five south; thence east on said township line 
to the range line dividing ranges twenty-six 
and twenty-seven east; thence north to the 
south shore of Lake Apopka; thence north 
across the waters of Lake Apopka, taking in 
all islands and peninsulas along the west shore 
of said lake to the north shore of Lake Apopka 
where it is intersected by the range line divid- 
ing ranges twenty-six and twenty-seven east; 
thence north on said range line to the town- 
ship line dividing townships nineteen and 
twenty south; thence east on said township 
line to the Wekiva river; thence north along 
the thread of the said Wekiva river to the St. 
Johns river; thence in a northerly and north- 
westerly direction through the thread of the 
St. Johns river to the southwest shore of Lake 
George; thence north along the west shore of 
Lake George to the range line dividing ranges 
twenty-six and twenty-seven east; thence south 
on said range line to the township line divid- 
ing townships seventeen and eighteen south; 
thence west on the said township line to the 
range line dividing ranges twenty-three and 
twenty-four east; thence south on the said 
range line to the place of beginning; and all 
of township twenty south, of range twenty- 



seven east, bounded on the south and east by 
the waters of Lake Beauclaire, shall be and 
are declared to be a part of the territory of 
Lake county. 

History.— §1, ch. 8771, 1887; ch. 3944, 1889; ch. 4066, 
1891; RS 42; GS 40; RGS 44; CGL 46. 

7.36 Lee county. — The boundary lines of 
Lee county are as follows: Beginning where 
the north line of township forty-three south, 
intersects the range line between ranges twen- 
ty-seven and twenty-eight east, at the line 
between Charlotte and Glades counties; thence 
west on said township line to the Gulf of 
Mexico; thence southerly along said gulf, in- 
cluding all islands and the waters of said gulf 
within the jurisdiction of the State of Florida, 
to the north line of township forty-eight south, 
extended westward; thence east on said town- 
ship line to the northwest corner of section 
four, township forty-eight south, range twenty- 
five east; thence south to the northwest corner 
of section nine of said township and range; 
thence east on the north boundary of said 
section nine and other sections to the eastern 
boundary of range twenty-six east; thence 
north on said range line to the northwest 
corner of township forty-seven south, range 
twenty-seven east; thence east on the north 
line of township forty-seven south, to the east 
line of range twenty-seven east; thence north 
on said range line to the place of beginning. 

History.— §§1, 5, ch. 1998, 1874; SI, ch. 3769, 1887; Si 2, 3, 
ch. 3770, 1887; RS 64; GS 62; RGS 61; ch. 9360, 1923; oh. 
9362, 1923; CGL 67. 

7.37 Leon county. — The boundary lines of 
Leon county are as follows: Beginning at a 
point where the range line between ranges 
two and three east leaves the Wakulla line 
at the northeast corner of Wakulla county, and 
the southeast corner of section twenty-five, 
township two south, range two east; thence 
north on said range line to the base parallel; 
thence in a direction northeast to the point 
where sections twenty-one, twenty-eight and 
twenty-nine of township one north, range 
three east, corner; thence north to where the 
township line between townships one and two 
north of range three east, is intersected; 
thence east on said line to the waters of the 
Miccosukie; thence up Lake Miccosukie to the 
south boundary line of township three north, 
range three east; thence on said township line 
to the line of section thirty-four in said town- 
ship three; thence due north on the east line 
of section thirty-four and other sections in 
said township to the Georgia line; thence west 
along the Georgia line to where same inter- 
sects the thread of the stream of the Ocklock- 
nee river; thence, concurrent with the east 
boundary line of Gadsden county, southerly 
along the thread of the stream of the said 
Ocklocknee river to where the north boundary 
line of section sixteen in township one south, 
range four west, intersects said thread of the 
stream of said Ocklocknee river; thence west 
to the west bank of said Ocklocknee river; 
thence southerly along the west bank of the 
Ocklocknee river to a point where same is 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



intersected by the north line of section twen- 
ty, township one south, range four west; 
thence, concurrent with the east boundary 
line of Liberty county, southerly along the 
west bank of said Ocklocknee river to a point 
where same is intersected by the middle town- 
ship line of township two south; thence east, 
concurrent with the north boundary line of 
Wakulla county, on said middle township line 
across ranges five, four, three, two, one, west 
and range one east, to the railroad leading 
from Tallahassee to St. Marks; thence south 
along said railroad two sections to the south 
boundary of section twenty-eight, township 
two south, range one east; thence east on said 
south boundary and the south boundary of 
other sections across ranges one and two east, 
to the place of beginning. 

History.— §5, Deo. 29, 1824; Feb. 18, 1881; oh. 8176, 1879; 
ch. 3304, 1881; RS 21; GS 19; RGS 21; CGL 23; ch. 16436, 
1933. 

7.38 Levy county. — The boundary lines of 
Levy county are as follows: Beginning at the 
mouth of the most southern outlet of the Big 
Withlacoochee river, running in an eastwardly 
direction, including all the islands in the mouth 
of said river, up the northern bank of said river 
to where the range line dividing ranges seven- 
teen and eighteen east intersects said river; 
thence north on said range line to the town- 
ship line between townships fourteen and fif- 
teen south; thence west on said township line 
to the middle line of township fourteen south, 
range nineteen east; thence north on said 
middle line to the township line between town- 
ships eleven and twelve south; thence west 
on said township line to the range line be- 
tween ranges seventeen and eighteen east; 
thence north on said range line to the north- 
east corner of section thirteen, township 
eleven south, range seventeen east; thence 
west on the north line of said section thirteen 
and other sections to the range line between 
ranges sixteen and seventeen east; thence 
north on said range line to the township line 
between townships ten and eleven south; 
thence west on said township line to the range 
line between ranges fifteen and sixteen east; 
thence north on said range line to the north- 
east corner of section thirty-six, township ten 
south, range fifteen east; thence west on the 
north boundary of said section thirty-six to 
the northwest corner of said section thirty- 
six, thence north one-half mile to the middle 
line of section twenty-six, township ten south, 
range fifteen east; thence west on the middle 
line of said section twenty-six and other sec- 
tions to the range line between ranges four- 
teen and fifteen east; thence north to the 
northeast corner of section twenty-five, town- 
ship ten south, range fourteen east; thence 
west on the north line of said section twenty- 
five and other sections to the thread of the 
Suwannee river; thence southerly along the 
thread of the main stream of said river to its 
mouth; thence south and easterly along the 
Gulf of Mexico, including all the islands, keys, 
and the waters of said gulf within the juris- 



diction of the State of Florida, to the point 
of beginning. 

History.— 51, Mar. 10, 1845; EL ch. 3060, 1877; RS 87; 
GS 35; §1, ch. 6243, 1911; §1, ch. 6509, 1913; RGS 88; ch. 
10778, 1925; CGL 40. 

7.39 Liberty county. — The boundary lines 
of Liberty county are as follows: Beginning 
on the Apalachicola river where the township 
line dividing townships two and three north 
intersects said river; thence southerly along 
the thread of said river to Black or Owl 
creek; thence northerly along the western 
bank of said creek to where same is inter- 
sected by the middle section line of section 
twenty-six, township five south, range eight 
west; thence due east on the middle section 
lines to the thread of the Ocklocknee river; 
thence northwesterly along the thread of said 
river to a point where the north boundary 
line of section twenty, township one south, 
range four west, intersects said river; thence 
west to the northwest corner of section nine- 
teen, township one south, range four west; 
thence north to the southeast corner of section 
one, township one south, range five west; 
thence west to the southwest corner of sec- 
tion two, township one south, range five west; 
thence north to the southeast corner of section 
twenty-two, township one north, range five 
west; thence west to the range line between 
ranges five and six west; thence north on said 
range line to the southeast corner of town- 
ship two north, range six west; thence west 
to the southwest corner of section thirty-five, 
township two north, range six west; thence 
north to the northwest corner of said section 
thirty-five; thence west to the range line be- 
tween ranges six and seven west; thence north 
to the northwest corner of township two north, 
range six west; thence west to the place of 
beginning. 

History.— Ch. 771, 1855; £L ch. 949, 1859; SI, ch. 1046, 
1859; ch. 3624, 1885; RS 20; GS 18; §2, ch. 5966, 1909; 
RGS 20; CGL 22. 

7.40 Madison county. — The boundary lines 
of Madison county are as follows: Beginning 
at the point where the west boundary line of 
lot number one hundred forty-three of fif- 
teenth district Georgia fractions intersects 
with the Georgia state line and run thence 
due south along the west boundary line of 
lots numbers one hundred forty-three and one 
hundred eighty to the southwest corner of 
lot one hundred eighty; thence easterly along 
the south line of lot number one hundred 
eighty to the east line of section twenty-seven, 
township three north, range seven east; thence 
due south to the southeast corner of section 
ten, township two north, range seven east; 
thence due west to the southwest corner of 
said section ten; thence due south to the 
southeast corner of section sixteen, township 
two north, range seven east; thence due west 
to the southwest corner of said section six- 
teen; thence due south to the southeast corner 
of section twenty, township two north, range 
seven east; thence due west to the southwest 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



corner of section nineteen, township two north, 
range seven east; thence due south to the 
southeast corner of section twenty-five, town- 
ship two north, range six east; thence due 
west to the southwest corner of section twen- 
ty-six, township two north, range six east; 
thence due south to the southwest corner of 
section thirty-five, township two north, range 
six east; thence due west to the thread of the 
Big Aucilla river; thence southerly along the 
thread of said river to the middle line of town- 
ship two south, range five east, or the north 
boundary line of Taylor county; thence east, 
concurrent with the north boundary line of 
Taylor county, on said middle township line 
to the range line dividing ranges eight and 
nine east; thence south on said range line to 
the township line dividing townships two and 
three south; thence east on said township line 
to the range line dividing ranges nine and 
ten east, or the northwest corner of Lafayette 
county; thence east, concurrent with the north 
boundary line of Lafayette county, on said 
township line to the thread of the Suwannee 
river; thence north and easterly, concurrent 
with the west boundary line of Suwannee 
county, along the thread of said Suwannee 
river to where it joins the thread of the With- 
lacoochee river; thence northerly, concurrent 
with the west boundary line of Hamilton coun- 
ty, along the thread of the said Withlacoochee 
river to the boundary line between the States 
of Georgia and Florida; thence west along 
said boundary line to the place of beginning. 

History.— Deo. 26, 1827; Nov. 23, 1828; Feb. 5, 1844; ch. 
806, 1856; RS 24; GS 22; KGS 24; ch. 9361. 1923; CGL, 26. 

7.41 Manatee county. — The boundary lines 
of Manatee county are as follows: Beginning 
on the south bank of Tampa bay where the 
line between townships thirty-two and thirty- 
three south strikes said bay; thence east on 
said township line to where same is intersected 
by the line dividing ranges twenty-two and 
twenty-three east; thence south on said range 
line, known as the Washington line, to the 
southeast corner of township thirty-seven 
south, range twenty-two east; thence west on 
the township line between townships thirty- 
seven and thirty-eight south to the southwest 
corner of township thirty-seven south, range 
twenty-one east; thence north on the range 
line between ranges twenty and twenty-one 
east to the southeast corner of township thirty- 
five south, range twenty east; thence west on 
the township line between townships thirty- 
five and thirty-six south to the Gulf of Mexi- 
co; thence northward along the said gulf, in- 
cluding the waters of said gulf within the 
jurisdiction of the State of Florida, to a point 
midway between Egmont and Passage Keys; 
thence in a direct line to the place of be- 
ginning. 

History.— Ch. 628, 1856; 52, ch. 3770, 1887; RS 51; GS 49; 
oh. 8515, 1921; RGS 66; CGL 68. 

7.42 Marion county. — The boundary lines 
of Marion county are as follows: Beginning 
in the thread of the Withlacoochee river, at 



the range line dividing ranges seventeen and 
eighteen east; thence north to the township 
line dividing townships fourteen and fifteen 
south; thence east on said township line to the 
middle of township fourteen south, range nine- 
teen east; thence north to the line dividing 
townships eleven and twelve south; thence 
east on said township line to Orange lake; 
thence down said lake along its southern 
margin to Orange creek; thence northerly and 
easterly down the thread of said creek to its 
junction with the Ocklawaha river; thence 
northeasterly down the south side of the Ockla- 
waha river at low water mark to a point on 
the south side of the Ocklawaha river at low 
water mark, where the range line dividing 
ranges twenty-four and twenty-five east in 
township eleven south, crosses said river; 
thence south on said range line to where it 
intersects the township line dividing townships 
eleven and twelve south; thence east on said 
township line to where it intersects the section 
line dividing sections two and three, in town- 
ship twelve south, of range twenty-five east; 
thence south on said section line and other 
section lines to the southwest corner of section 
twenty-three of said township twelve south, of 
range twenty-five east; thence east on the sec- 
tion line dividing sections twenty-three and 
twenty-six and other section lines to the range 
line dividing ranges twenty-five and twenty- 
six east; thence south on said range line to 
the southwest corner of section seven, town- 
ship thirteen south, range twenty-six east; 
thence east on the section line dividing sec- 
tions seven and eighteen, township thirteen 
south, range twenty-six east, and other section 
lines to the west shore of Lake George ; thence 
southwardly along the shore of Lake George 
to the mouth of Sulphur spring; thence along 
the western bank of Lake George until it ar- 
rives at range line dividing ranges twenty-six 
and twenty-seven east; thence south on said 
range line to township line dividing townships 
seventeen and eighteen south; thence due west 
on the said township line to the thread of the 
Withlacoochee river; thence northwesterly 
down the thread of said last mentioned river 
to the place of beginning. 

History.— Mar. 14, 1844; ch. 106, 1846; SI, ch. 648, 1868; 
ch. 923, 1859; SI, ch. 3060, 1877; ch. 3767, 1887; RS 39; GS 
37; RGS 40; CGL 42. 

7.43 Martin county. — The boundary lines of 
Martin county are as follows : Beginning at the 
northwest corner of township thirty-eight south, 
range thirty-seven east; thence east, concurrent 
with the south boundary line of St. Lucie 
county, to the southwest corner of section 
thirty-one, township thirty-seven south, range 
forty-one east; thence north on the west line 
of said section thirty-one and other sections to 
the northwest corner of section eighteen, town- 
ship thirty-seven south, range forty-one east; 
thence east on the north line of said section 
eighteen and other sections to the waters of the 
Atlantic ocean; thence easterly to the eastern 
boundary of the state of Florida; thence south- 



Ch. 7 



COUNTY BOUNDARIES 



Ch.7 



ward along the coast, including the waters of 
the Atlantic ocean within the jurisdiction of 
the state of Florida, to the south line of sec- 
tion twenty, township forty south, range forty- 
three east, produced easterly; thence west on 
the south line of said section twenty, and other 
sections, to the southwest corner of section 
twenty-two, township forty south, range forty- 
two east; thence south on the east line of sec- 
tion twenty-eight, township forty south, range 
forty-two east, to the southeast corner of said sec- 
tion twenty-eight ; thence west on the south line 
of said section twenty-eight and other sections 
to the east shore of Lake Okeechobee; thence 
continue west in a straight course to the north- 
east corner of section thirty-six, township forty 
south, range thirty-four east, being the south- 
west corner of section thirty, township forty 
south, range thirty-five east; thence northeast- 
erly in a straight course to the line of normal 
water level on the boundary of Lake Okeechobee 
at its intersection with the line dividing ranges 
thirty-six and thirty-seven east, township 
thirty-eight south; thence north on said range 
line to the place of beginning. 

History.— §1, ch. 10180, 1925; CGL 77; |3, ch. 63-200. 
cf.— 7.601 Palm Beach county; distribution of gasoline taxes. 

7.44 Monroe county. — So much of the State 
of Florida as is situated south of the county 
of Collier and west or south of the county of 
Dade, constitutes the county of Monroe. 

History.— July 3, 1823; SSI, 5, ch. 1998, 1874; ch. 8768. 
1887; RS 6S; GS 53; RGS 62; CGL. 68. 

7.45 Nassau county. — The boundary lines of 
Nassau county are as follows: Beginning at 
the mouth of the Nassau river; thence north- 
westerly up the thread of the main stream of 
said river to the run of Thomas swamp ; thence 
southwesterly up the run of said swamp to 
where it would intersect the prolongation of 
a line drawn from the southwest corner of 
township one north, of range twenty-five east, 
to the southwest corner of township two south, 
of range twenty-three east; thence on said 
last mentioned line in a southwesterly direc- 
tion to where its extension would intersect the 
range line dividing ranges twenty-two and 
twenty-three east and the eastern boundary 
of Baker county, all concurrent with the north 
boundary of Duval county; thence north on 
said range line and said eastern boundary of 
Baker county to the St. Marys river and the 
boundary line between the States of Georgia 
and Florida; thence north and easterly along 
the said river, concurrent with the said bound- 
ary line of the States of Georgia and Florida 
to the Atlantic Ocean; thence southerly, in- 
cluding the waters of said ocean within the 
jurisdiction of the State of Florida, to the 
place of beginning. 

History.— Dec. 29, 1824; Nov. 28, 1828; Mar. 16, 1844; 
S3, 895, 1858; ch. 920, 1859; ch. 1185, 1861; RS 82; GS 80; 
51, ch. 6244, 1911; RGS 32; CGL 84. 

7.46 Okaloosa county. — The boundary lines 
of Okaloosa county are as follows : Beginning on 
the Alabama state line where same is intersect- 
ed by range line dividing ranges twenty-five and 



twenty-six west; thence east on said state line 
to the intersection of said state line with the 
range line dividing ranges twenty-one and twen- 
ty-two west; thence south on said range line to 
the Gulf of Mexico ; thence in a westerly direc- 
tion following the meanderings of said gulf, in- 
cluding the waters of said gulf within the juris- 
diction of the State of Florida, to the line divid- 
ing ranges twenty-five and twenty-six west; 
thence north on said range line to the place of 
beginning ; provided that the counties of Escam- 
bia, Santa Rosa and Okaloosa shall have con- 
current jurisdiction of any offenses committed 
on the waters of Santa Rosa sound. 

History.— §1, ch. 6937, 1915; RGS 12; CGL 14; §2, ch. 23867, 
1947. 
cf.— §83, 4, Ch. 23867, 1947. 

7.47 Okeechobee county. — The boundary 
lines of Okeechobee county are as follows: 
Beginning at the northeast corner of section 
one, township thirty-four south, range thirty- 
six east; thence west six miles to the northwest 
corner of township thirty-four south, range 
thirty-six east; thence north to the northeast 
corner of township thirty-three south, range 
thirty-five east; thence west on the line dividing 
townships thirty-two and thirty-three south, to 
the Kissimmee river; thence in a southerly 
direction along the thread of the Kissimmee 
river to the normal water level on the boundary 
of Lake Okeechobee; thence southerly in a 
straight course to the southeast corner of sec- 
tion twenty-five, being the northeast corner of 
section thirty-six, township forty south, range 
thirty-four east; thence northeasterly in a 
straight course to the line of normal water 
level on the boundary of Lake Okeechobee at 
its intersection with the line dividing ranges 
thirty-six and thirty-seven east, township 
thirty-eight south, thence north between ranges 
thirty-six and thirty-seven east to the point of 
beginning. 

History.— 81, ch. 7401, 1917; RGS 55; CGL 57; §4, ch. 63-200. 
cf. — 7.501 Palm Beach county; distribution of gasoline taxes. 

7.48 Orange county. — The boundary lines of 
Orange county are as follows : Beginning at the 
intersection of the range line dividing ranges 
twenty-six and twenty-seven east, with the 
township line dividing townships twenty-four 
and twenty-five south; thence north to the 
waters of Lake Apopka; thence north across 
the waters of Lake Apopka and along the east- 
ern boundary of Lake county to the north shore 
of Lake Apopka where it is intersected by the 
range line dividing ranges twenty-six and 
twenty-seven; thence north on said range line 
to the township line dividing townships nine- 
teen and twenty south; thence east on said 
township line to Wekiwa river; thence through 
the thread of the Wekiwa river in a southerly 
direction to the northwest corner of section 
thirty-one, township twenty south, range twenty- 
nine east; thence south on the range line be- 
tween ranges twenty-eight and twenty-nine 
east, to the southwest corner of section nine- 
teen, township twenty-one south, range twenty- 
nine east; thence east to the southeast corner 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



of section twenty, township twenty-one south, 
range thirty east: thence south to the township 
line between townships twenty-one and twenty- 
two south, range thirty east; thence east on 
said township line to the thread of the St. 
Johns river; thence southerly down the thread 
of the said river to the northeast corner of 
township twenty-five south, range thirty-four 
east; thence west on said township line to the 
place of beginning; provided that all of town- 
ship twenty south, range twenty-seven east, 
bounded on the south and east by the waters of 
Lake Beauclaire shall be and are declared to 
be a part of the territory of Lake county. 

History.— Nov. 23, 1828; 51, Jan. 30, 184S; ch. 1764, 1870; 
51, ch. 3768, 1887; 81, ch. 3771, 1887; ch. 3944, 1889; RS 41; 
GS 39; §1, ch. 6511, 1913; RGS 42; CGL 44; §1, ch. 61-483. 

7.49 Osceola county. — The boundary lines of 
Osceola county are as follows: Beginning at 
the northwest corner of township twenty-five 
south, range twenty-seven east; thence east on 
said township line to the northeast corner of 
township twenty-five south, range thirty-four 
east; thence south on the range line dividing 
ranges thirty-four and thirty-five east, to the 
line dividing townships thirty-two and thirty- 
three south; thence west on said township line 
to the thread of the Kissimmee river; thence 
northerly up the thread of said river to Lake 
Kissimmee; thence meandering the southern 
and western banks of said lake to Lake Cypress, 
and meandering said Lake Cypress to the town- 
ship line dividing townships twenty-seven and 
twenty-eight south ; thence west on said line to 
the range line dividing ranges twenty-eight and 
twenty-nine east; thence in a direct line to a 
point where the range line dividing ranges 
twenty-seven and twenty-eight east intersects 
the line dividing townships twenty-five and 
twenty-six south ; thence west on the said town- 
ship line to the point where the dividing line 
between ranges twenty-six and twenty-seven 
east intersects the line dividing townships 
twenty-five and twenty-six south; thence north 
on the range line to the point of beginning. 

History.— §2, ch. 1201, 1861; 52, ch. 1998, 1874; ch. 8177, 
1879; §1, ch. 3768, 1887; RS 49; GS 47; 51, ch. 7401, 1917; 
RGS 62; CGL, 64. 

7.50 Palm Beach county. — The boundary 
lines of Palm Beach county are as follows: 
Beginning on the east boundary of Florida at 
a point where the south boundary of township 
forty-seven south, of range forty-three east, 
produced easterly would intersect the same; 
thence westerly on said township line to its 
intersection with the axis or center line of the 
Hillsborough state drainage canal as at pres- 
ent located and constructed; thence westerly 
along the center line of said canal to its inter- 
section with the section line dividing sections 
twenty-six and thirty-five of township forty- 
seven south, range forty-one east; thence west- 
erly on the section line dividing said sections 
twenty-six and thirty-five and other sections to 
the northwest corner of section thirty-one, of 
township forty-seven south, range forty-one 
east; thence south on the range line dividing 



ranges forty and forty-one, township forty-seven 
south, to the northeast corner of section twenty- 
five of township forty-seven south, range forty 
east, a distance of one hundred six feet more 
or less; thence due west on the north boundary 
of the sections numbered from twenty-five to 
thirty, inclusive, of townships forty-seven south, 
ranges thirty-seven to forty east, inclusive, as 
the same have been surveyed or may hereafter 
be surveyed by the authority of the trustees 
of the internal improvement trust fund of the 
state, to the northwest corner of section thirty, 
township forty-seven south, range thirty-seven 
east; thence continuing due west to the range 
line between ranges thirty-four and thirty-five 
east, and the east boundary of Hendry county; 
thence north on said range line, concurrent 
with the east boundary of Hendry county, to the 
south shore of Lake Okeechobee; thence con- 
tinuing north on said range line to the north- 
east corner of section thirty-six, township 
forty south, range thirty-four east; thence east- 
erly parallel to and one mile north from the 
township line dividing townships forty and 
forty-one south to where the south boundary 
of section twenty-six, township forty south, 
range thirty-seven east intersects the normal 
water level on the boundary of Lake Okeecho- 
bee; thence east on the south boundary line 
of said section twenty-six and other sections 
across ranges thirty-seven, thirty-eight and 
thirty-nine, forty, forty-one and forty-two east, 
to the east line of section twenty-eight, town- 
ship forty south, range forty-two east; thence 
north on said east section line to the north 
line of said section twenty-eight ; thence east on 
the section line between sections twenty-two 
and twenty-seven of township forty south, 
range forty-two east, and other sections to the 
waters of the Atlantic ocean ; thence easterly to 
the eastern boundary of Florida; thence south- 
ward along the coast, including the waters of 
the Atlantic ocean within the jurisdiction of 
the state of Florida, to the place of beginning. 

History.— 11, ch. 6970, 1909; 81, ch. 6934, 1916; 81. ch. 
7401, 1917; ch. 10090, 1925; ch. 10180, 1925; ch. 10596: RGS 
59; CGL 65, 73; 85, ch. 63-200. 
cf.— 7.501 Palm Beach county; distribution of gasoline taxes. 

7.501 Palm Beach county; distribution of 
gasoline taxes. — The provisions of §§7.22, 7.26, 
7.43, 7.47 and 7.50, to the extent that it affects 
the distribution of gasoline taxes accruing to 
the credit of the county of Palm Beach under 
the provisions of §16, Art. IX of the constitu- 
tion, shall be suspended to the extent necessary 
to meet the debt service requirements of bonds 
heretofore issued by the county of Palm Beach, 
any special road and bridge district of the 
county of Palm Beach, or by the Florida devel- 
opment commission payable from said gasoline 
taxes and the comptroller is hereby authorized 
to carry out the provisions of this section. 

History.— 86, ch. 63-200. 

7.51 Pasco county. — The boundary lines of 
Pasco county are as follows: Beginning at the 
intersection of the section line between sections 
thirty-three and thirty-four of township twenty- 
six south, of range twenty-two east, with tht 



— 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



township line between townships twenty-six and 
twenty-seven south, of range twenty-two east; 
thence north along the section lines to the line 
dividing sections three and four of said town- 
ship and to the township line dividing town- 
ships twenty-five and twenty-six; thence east 
on said township line to the range line dividing 
ranges twenty-two and twenty-three east; 
thence north on said range line to the line 
dividing sections twenty-four and thirteen of 
township twenty-three south, of range twenty- 
two east; thence west to the line dividing ranges 
twenty and twenty-one east; thence south to the 
line dividing townships twenty-three and twen- 
ty-four south; thence west on said line to the 
Gulf of Mexico; thence southerly along the 
gulf coast, including islands and the waters 
of said gulf within the jurisdiction of the State 
of Florida, to the north line of Pinellas county, 
the township line dividing townships twenty- 
six and twenty-seven south ; thence east on said 
line to the place of beginning. 

History.— Ch. 107, 1847; ch. 415, 1850; ch. 3471, 1883; 88, 
ch. 3772, 1887; RS 46; GS 44; RGS 48; CGL 50; |1, ch. 25440, 
1849. 

7.52 Pinellas county. — The boundary lines 
of Pinellas county are as follows: Beginning 
on the Gulf of Mexico at the line dividing town- 
ships twenty-six and twenty-seven south; 
thence east on said line to the northeast cor- 
ner of section one in township twenty-seven 
south, range sixteen east; thence south to the 
shore of Old Tampa bay; thence in a southerly 
direction through the middle waters of Old 
Tampa bay and Tampa bay, to a point in Tampa 
bay due east of the north shore of Mullet key; 
thence due west to a point due north of a point 
one hundred yards due east from the eastern- 
most point of Mullet key; thence in a line 100 
yards from the shore line around the southern 
portion of Mullet key to a point 100 yards west 
of the northernmost shore of Mullet key; 
thence west to the Gulf of Mexico and north- 
ward, including the waters of said gulf within 
the jurisdiction of the State of Florida, to point 
of beginning; provided, however, that nothing 
herein contained shall now or at any time here- 
after in any manner whatsoever repeal, amend, 
change or disturb in any manner whatsoever 
the apportionment, allotment, allocation, basis 
of computation, or other formula wherein and 
whereby the participation in the gas tax by 
both counties hereto under and by virtue of 
§§208.04 and 208.11 of these statutes, or any 
law hereafter enacted, is changed so that Hills- 
borough county would receive a lesser amount 
and Pinellas county would receive a greater 
amount of such gas funds or tax by reason of 
the change of the boundary line herein author- 
ized. 

History.— SI, ch. 6247, 1911; RGS 60; CGL. 52; ch. 19058. 
1939. 
cf. — §208.04 Gas taxes Imposed. 

§208.11 Distribution of second gas tax to counties, etc. 

7.53 Polk county. — The boundary lines of 
Polk county are as follows: Beginning at a 
point where the range line between ranges 
twenty-two and twenty-three east is intersected 



by the township line between townships thirty- 
two and thirty-three south ; thence east on said 
township line to the thread of the Kissimmee 
river; thence northeasterly up the thread of 
said river to lake Kissimmee; thence meander- 
ing the southern and western banks of said 
lake to lake Cypress and meandering said lake 
Cypress to the township line between town- 
ships twenty-seven and twenty-eight south; 
thence west on said township line to the range 
line between ranges twenty-eight and twenty- 
nine east; thence in a direct line to a point 
where the range line between ranges twenty- 
seven and twenty-eight east intersects the town- 
ship line between townships twenty-five and 
twenty-six south ; thence west on said township 
line to the range line between ranges twenty- 
six and twenty-seven east; thence north on 
said range line to the township line between 
townships twenty-four and twenty-five south; 
thence west on said township line to the section 
line between sections thirty-four and thirty- 
five, township twenty-four south, range twenty- 
five east; thence north on said section line 
to the northeast corner of said section thirty- 
four; thence west on the north line of said 
section thirty-four and the sections to the west 
of it to the range line between ranges twenty- 
four and twenty-five east; thence south on said 
range line to the township line between town- 
ships twenty-four and twenty-five south; thence 
west on said township line to the range line be- 
tween ranges twenty-three and twenty-four 
east; thence south on said range line to the 
thread of the Withlacoochee river; thence 
southerly and westerly following the thread of 
said river to where same is intersected by the 
range line between ranges twenty-two and 
twenty-three east; thence south on said range 
line to the township line dividing townships 
twenty-five and twenty-six; thence west on said 
township line to the section line dividing sec- 
tions three and four in township twenty-six 
south, range twenty-two east; thence south, 
along the section lines, to the township line 
dividing townships twenty-six and twenty- 
seven south; thence east along said township 
line to the range line dividing ranges twenty- 
two and twenty-three east; thence south on 
said range line to the place of beginning. 

History.— §2, ch. 1201, 1861; eh. 1848, 1871; 8§3, 6, ch. 
1998, 1874; ch. 3177, 1879; ch. 3471, 1883; ch. 3932, 1889; §1, 
ch. 4066, 1891; RS 48; GS 46; RGS 51; CGL 53; 82, Ch. 25440, 
1949. 

7.54 Putnam county. — The boundary lines of 
Putnam county are as follows: Beginning at 
a point on the south side of the Ocklawaha 
river at low water mark where the range line 
dividing ranges twenty-four and twenty-five 
east, township eleven south, crosses said river; 
thence south on said range line to where same 
intersects the township line dividing town- 
ships eleven and twelve south; thence east on 
said township line to where same intersects 
the section line dividing sections two and 
three, township twelve south, range twenty- 
five east; thence south on said section line 
and other section lines to the southwest cor- 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



ner of section twenty-three of said township 
twelve south, range twenty-five east; thence 
east on the section line dividing sections twen- 
ty-three and twenty-six and other sections to 
the range line dividing ranges twenty-five and 
twenty-six east; thence south on said range 
line to the southwest corner of section seven, 
township thirteen south, range twenty-six 
east; thence east on the south boundary of 
said section seven and other sections to the 
west shore of Lake George; thence southwardly 
along the shore of Lake George to the mouth 
of Sulphur spring; thence to a point on Lake 
George south of the Spanish grant, known as 
the Acosta grant of land, and on the northern 
boundary of Volusia county; thence in a direct 
line and along the northern boundary of 
Volusia county to the most southern part of 
Crescent lake; thence along said northern 
boundary of Volusia county, following the 
southeast shore of Crescent lake, to the mouth 
of Haw creek and the boundary of Flagler 
county; thence westerly and then northwardly 
along the boundary of Flagler county through 
the middle of Crescent lake crossing Bear is- 
land on a line easterly of and parallel to the 
west line of section nineteen, township twelve 
south, range twenty-eight east, said line being 
ten thousand two hundred eighty feet easterly, 
measured at right angles from said west line 
of section nineteen, which line crosses approx- 
imately in the center of Bear island, then 
continuing north and westerly through the 
middle of Crescent lake, to the range line 
dividing ranges twenty-seven and twenty- 
eight east; thence north on said range line 
to its intersection with Deep creek; thence 
west along the center of Deep creek to the 
mouth thereof; thence due west to the west 
margin of the main channel of the St. Johns 
river; thence northerly along the west margin 
of the main channel of said river to the inter- 
section of the south boundary line of town- 
ship seven south with said river; thence west 
on said township line to its intersection with 
the north margin of the Bellamy or federal 
road leading from St. Augustine to Tallahas- 
see; thence south and westerly along the north 
margin of said road to where same intersects 
the north boundary of section seventeen, town- 
ship nine south, range twenty-three east; 
thence west on the section line between sec- 
tions eight and seventeen, seven and eighteen, 
township nine south, range twenty-three east, 
to the southeast corner of said section seven; 
thence continue west on the section line be- 
tween sections twelve and thirteen, township 
nine south, range twenty-two east to Santa 
Fe lake; thence in a southeasterly direction 
to a point on the range line dividing ranges 
twenty-two and twenty-three east where said 
range line is intersected by the Bellamy road; 
thence south on said range line to where the 
same intersects the thread of Orange creek; 
thence westerly along the thread of said creek 
to the intersection of same with the Ocklawaha 
river; thence westerly along the south bank 



of said river at low water mark to the place 
of beginning. 

History.— §1, ch. 280, 1849; {1, ch. 923, 1859, ch. 2068, 
1875; oh. 3469, 1883; ch. 3767, 1887; RS 36; GS 34; ch. 5978, 
1909; BGS 37; §1, ch. 12489, 1927; COL 39; §2, ch. 59-488. 

7.55 Santa Rosa county. — The boundary 
lines of Santa Rosa county are as follows : Be- 
ginning at the Alabama line, where said line 
crosses the Escambia river; thence down the 
thread of said river to Escambia bay; thence 
along said bay to Deer point, at the intersection 
of Santa Rosa sound with said bay; thence up 
said Santa Rosa sound to where the line divid- 
ing ranges twenty-five and twenty-six west, 
strikes said sound; thence running up said line 
to the dividing line between the State of Flor- 
ida and the State of Alabama; thence with said 
line westwardly to the point of beginning; pro- 
vided that the counties of Escambia, Santa 
Rosa and Okaloosa shall have concurrent jur- 
isdiction of any offenses committed on the wat- 
ers of Santa Rosa sound. 

That part of Santa Rosa island and Santa 
Rosa sound comprising a right of way of a 
bridge from the mainland of Santa Rosa coun- 
ty near Navarre to Santa Rosa island said right 
of way being two hundred feet wide plus such 
additional width as may be required for fills 
and other construction and a road right of 
way on Santa Rosa island one hundred twenty 
feet wide running from the west line of sec- 
tion twenty-seven in township two south, range 
twenty-six west, westerly to the west line of 
section thirty-six, township two south, range 
twenty-seven west on the island, and that part 
of Santa Rosa island lying between a line divid- 
ing ranges twenty-five and twenty-six west and 
a parallel line exactly three miles west of such 
range line, together with adjacent waters, is 
hereby included in Santa Rosa county; provid- 
ed that Santa Rosa and Escambia counties 
shall have concurrent jurisdiction of offenses 
committed in that area of the island compris- 
ing the road right of way. 

History.— Feb. 18, 1842; ch. 411, 1851; ch. 571, 1853; ch. 
3258, 1881; RS 12; GS 10; §1, ch. 6937, 1915; BGS 10; CGL 
12; §1, ch. 26860, 1951; §2, ch. S7-834. 

7.56 Sarasota county. — The boundary lines 
of Sarasota county are as follows: Begin- 
ning in the Gulf of Mexico at a point on a pro- 
longation of the township line between town- 
ships thirty-five and thirty-six south; thence 
east on said prolongation and said line to the 
southeast corner of township thirty-five south, 
range twenty east; thence south on the range 
line between ranges twenty and twenty-one 
east to the southwest corner of township 
thirty-seven south, range twenty-one east; 
thence east on the township line between town- 
ships thirty-seven and thirty-eight south to 
the southeast corner of township thirty-seven 
south, range twenty-two east; thence south on 
the range line between ranges twenty-two and 
twenty-three east, to the southeast corner of 
township thirty-nine south, range twenty-two 
east; thence west on the township line be- 
tween townships thirty-nine and forty south 



■ 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



to the southwest corner of township thirty- 
nine south, range twenty-one east; thence 
south on the range line between ranges twenty 
and twenty-one east to the southeast corner 
of township forty south, range twenty east; 
thence west on the township line between town- 
ships forty and forty-one south to the Gulf 
of Mexico; thence northerly along the coast 
of the Gulf of Mexico, including the waters 
of said gulf within the jurisdiction of the 
State of Florida, to the place of beginning. 

History.— Ch. 8515, 1921; CGL 70. 

7.57 Seminole county. — The boundary lines 
of Seminole county are as follows: Beginning 
in the center of Wekiwa river and in the cen- 
ter of the St. Johns river, at the place where 
the Wekiwa river discharges its waters into the 
St. Johns river; thence through the thread of 
the said Wekiwa river in a southerly direction 
to the northwest corner of section thirty-one, 
township twenty south, of range twenty-nine 
east; thence south on the range line beween 
ranges twenty-eight and twenty-nine east, to 
the southwest corner of section nineteen, town- 
ship twenty-one south of range twenty-nine 
east; thence east to the southeast corner of 
section twenty, township twenty-one south of 
range thirty east; thence south to the town- 
ship line beween townships twenty-one and 
twenty-two south of range thirty east; thence 
east on said township line to the thread of the 
St. Johns river; thence following the thread 
of the St. Johns river to and through Lake Har- 
ney, into the St. Johns river; thence following 
the thread of the St. Johns river to and through 
Lake Monroe, into the St. Johns river; thence 
following the thread of the St. Johns river to 
its juncture with the Wekiwa river at the point 
of beginning. 

The common boundary line between the 
counties of Seminole and Volusia, from the 
place where the St. Johns river enters Lake 
Harney to the corner common to Volusia, Semi- 
nole, Orange and Brevard counties is more fully 
denned, located and described as beginning 
where the center line of the St. Johns river 
enters Lake Harney at a point approximately 
seven hundred feet west of the south half mile 
post of section twenty, township twenty south, 
range thirty-three east, thence southeasterly 
following the center line of the St. Johns river 
to Puzzle lake at a point one thousand feet 
south and three hundred feet west of the east 
half mile post of section four, township twenty- 
one south, range thirty-three east, thence 
southwesterly to a point in Puzzle lake six 
hundred sixty feet north of the southwest 
corner of the southeast quarter of the south- 
east quarter of said section four, thence south 
one and one-eighth miles through Puzzle lake 
to the south line of section nine, thence south- 
easterly to the point where the center line of 
the St. Johns river enters Puzzle lake in the 
southwest quarter of section fifteen, township 
twenty-one south, range thirty-three east, 
thence southeasterly along the center line of 
the St. Johns river and the easterly channel 



thereof to a point in the southeast quarter 
of section twenty-seven, township twenty-one 
south, range thirty-three east, where the two 
channels unite, thence following the center 
line of the St. Johns river southeasterly to a 
point approximately four hundred feet east of 
the south half mile post of section thirty-five, 
township twenty-one south, range thirty-three 
east. Said point being corner common to 
Volusia, Seminole, Orange and Brevard coun- 
ties. 

History^Jl, ch. 6511, 1913; RGS 43; CGL 46; 51, oh. 
20888, 1941; §1, ch. 61-167. 

7.58 St. Johns county. — The boundary lines 
of St. Johns county are as follows: Beginning 
at a point on the Atlantic coast, at a point 
where the section line between ten and fifteen, 
in township three south of range twenty-nine 
east, intersects the said Atlantic coast; thence 
west on the said section line to a point where 
said section line would intersect the range 
line between ranges twenty-eight and twenty- 
nine east; thence south on said range line to 
a point where said range line intersects the 
township line between townships four and five 
south; thence west on the township line be- 
tween townships four and five south, in range 
twenty-eight east, to a point where said town- 
ship line intersects the range line between 
ranges twenty-seven and twenty-eight east; 
thence north on said range line to where the 
same intersects Durbin creek; thence along the 
south bank of Durbin creek to Julington creek; 
thence along the thread of Julington creek to 
the mouth thereof; thence due west to the west 
margin of the main channel of the St. Johns 
river and boundary line of Clay county ; thence 
southwardly along the west margin of the main 
channel of said river and boundaries of Clay 
and Putnam counties to a point due west of 
the mouth of Deep creek; thence due east to 
the mouth of Deep creek; thence up the center 
of Deep creek to the point of intersection of 
Deep creek with the range lines between 
ranges twenty-seven and twenty-eight east; 
thence south on said range line to a point 
where the south boundary line of section eight- 
een, in township ten south, range twenty-eight 
east, intersects said range line; thence east on 
said section line to the range line between rang- 
es twenty-nine and thirty east; thence north on 
said range line to the middle of Pellicer's 
creek; thence easterly on an imaginary line 
down the middle of said creek to the mouth 
of said creek; thence northeasterly on an imag- 
inary line extending from the mouth of Pelli- 
cer's creek to a point on the extension of town- 
ship line between townships nine and ten 
south, range thirty-one east and immediately 
north of Summer Haven on the Atlantic coast; 
thence northwardly along said Atlantic coast, 
including the waters of the Atlantic Ocean 
within the jurisdiction of the State of Florida, 
to place of beginning. 

History.— Ord. July 21, 1821; Aug. 12, 1822; Deo. 29, 1824; 
ch. 2068, 1875; RS 36; OS 88; 81, ch. 6780, 1907; |1, oh. 
7399. 1917; RGS 85; CGL, 87. 






Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



7.59 St. Lucie county. — The boundary lines 
of St. Lucie county are as follows: Beginning 
on the eastern boundary of the State of Florida 
at a point where the north section line of sec- 
tion thirteen, township thirty-seven south, 
range forty-one east, produced easterly, would 
intersect the same; thence westerly on the 
north line of said section and other sections 
to the northwest corner of section eighteen, 
township thirty-seven south, range forty-one 
east; thence south on the range line between 
ranges forty and forty-one east, to the town- 
ship line between townships thirty-seven and 
thirty-eight south; thence west on the said 
township line to the range line dividing ranges 
thirty-six and thirty-seven east; thence north 
on said range line, concurrent with the east 
boundary of Okeechobee county, to the north- 
west corner of township thirty-four south, 
range thirty-seven east; thence east on the 
township line dividing townships thirty-three 
and thirty-four south, to the Atlantic Ocean; 
thence continuing easterly to the eastern 
boundary of the State of Florida; thence 
southerly along said east boundary, includ- 
ing the waters of the Atlantic Ocean within 
the jurisdiction of the State of Florida, to 
the place of beginning. 

History.— Mar. 14, 1844; 8§1, 19, ch. 5567, 1905; §1, ch. 
7401, 1917; Ch. 10148, 1925; RGS 54; CGL 58. 

7.60 Sumter county. — The boundary lines of 
Sumter county are as follows : Beginning at the 
intersection of the township line dividing town- 
ships seventeen and eighteen south, with the 
range line dividing ranges twenty-three and 
twenty-four east; thence west on said township 
line to the thread of the Withlacoochee river; 
thence southerly up the thread of said river to 
the junction therewith of the Little Withlacoo- 
chee river; thence southeasterly up the thread 
of the said Little Withlacoochee river to the 
head of the same; thence east to the range 
line dividing ranges twenty-two and twenty- 
three east; thence south on said range line to 
the thread of the Withlacoochee river; thence 
easterly along the thread of the said river to 
its intersection by the range line dividing 
ranges twenty-three and twenty-four east; 
thence north on said range line to the place of 
beginning. 

History.— Ch. 107, 1847; {1, ch. 648, 1858; ch. 1848, 1871; 
ch. S771, 1887; ch. 3932, 1889; RS 43; GS 41; RGS 45; 
CGL 47. 

7.61 Suwannee county. — The boundary lines 
of Suwannee county are as follows: Beginning 
in the thread of the Suwannee river where the 
section line dividing sections two and three in 
township two south, of range fifteen east, 
crosses said river; thence south on said section 
line across townships two, three, four and five 
in range fifteen east, to section line dividing 
sections two and eleven in township six in said 
range; thence on said section line due east to 
range line dividing ranges fifteen and sixteen; 
thence south to Ichetucknee spring; thence 
down the thread of the Ichetucknee river to 
the Santa Fe river to its junction with Suwan- 



nee river; thence up the thread of said river to 
the point of beginning. 

History.— 82, ch. 896, 1868; ch. 8948, 1889; RS 28; GS 26; 
RGS 28; CGL 80. 

7.62 Taylor county. — The boundary lines of 
Taylor county are as follows : Beginning in the 
mouth of the Big Aucilla river; thence north- 
erly, concurrent with the east boundary of Jef- 
ferson county, along the thread of said river 
to where same is intersected by the middle line 
of township two south, range five east; thence 
east on said middle township line, concurrent 
with the south boundary line of Madison coun- 
ty, across ranges six, seven and eight east to 
the range line between ranges eight and nine 
east; thence south on said range line to the 
township line between townships two and three 
south; thence east on said township line to 
the range line between ranges nine and ten 
east; thence south on said range line, concur- 
rent with the west boundary of Lafayette 
county to the middle line of section seven, 
township seven south, range ten east; thence 
east on said middle line to the east line of 
said section seven; thence due south on the 
east line of said section seven and other sec- 
tions to the township line between townships 
seven and eight south; thence east on said 
township line to the east line of section four, 
township eight south, range ten east, or the 
northwest corner of Dixie county; thence 
south, concurrent with the west boundary of 
Dixie county, on the east line of said section 
four and other sections to where same inter- 
sects the thread of the Steinhatchee river; 
thence southerly along the thread of the said 
Steinhatchee river to the mouth of said river; 
thence northerly through the Gulf of Mexico, 
including the waters of said gulf within the 
jurisdiction of the State of Florida, to the 
place of beginning. 

History.— 53, ch. 806, 1856; ch. 8766, 1887; RS 25; GS 23; 
RGS 25; CGL. 27. 

7.63 Union county. — The boundary lines of 
Union county are as follow: Beginning at the 
mouth of the Olustee creek; thence northerly 
up the thread of said creek to a point where 
said creek is intersected by the middle line of 
township four south, range eighteen east; 
thence east on said middle township line, con- 
current with the south boundary line of Baker 
county to a point where the bed of New river 
intersects said line; thence following the 
meanderings of the thread of said New river 
in a southwesterly direction to the thread of 
the Santa Fe river; thence northwesterly down 
the thread of said Santa Fe river to the mouth 
of Olustee creek and the place of beginning. 

History.— Ch. 8616, 1921; CGL, 71. 

7.64 Volusia county. — The boundary lines of 
Volusia county are as follows: Beginning at a 
point where the south boundary of the Spanish 
grant, known as the Acosta grant, strikes Lake 
George; thence in a direct line to the most 
southerly part of Dunn's lake; thence follow- 
ing the southeast shore of Dunn's lake to the 
north bank of Haw creek; thence easterly along 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



said bank of said creek to the range line be- 
tween ranges twenty-eight and twenty-nine 
east; thence south on said range line to the 
southwest corner of section nineteen, town- 
ship fourteen south, range twenty-nine east; 
thence east on the south boundary of said 
section nineteen and other sections to the 
southwest corner of section twenty-two, town- 
ship fourteen south, range thirty-one east; 
thence north on the east boundary of said 
section twenty-two and other sections to the 
township line between townships twelve and 
thirteen south; thence east on said township 
line to a point where said township line is 
intersected by the King's road; thence north- 
erly along said King's road to the point where 
the line dividing the Bulow and Ormond grants 
intersects said King's road; thence on said 
line between said two grants in a northeast- 
erly direction across Bulow creek; thence fol- 
lowing a continuance of this line, being the 
line dividing lots seven and eight of the sub- 
division of Bulow grant, to the intersection 
with the Haulover or Smith creek; thence 
along said Haulover or Smith creek to the in- 
tersection of the line running east between 
sections thirty and thirty-one and twenty-nine 
and thirty-two, township twelve south, range 
thirty-two east; thence on said line to the 
Atlantic coast; thence south along said coast, 
including the waters of the Atlantic Ocean 
within the jurisdiction of the State of Florida, 
to the township line between townships nine- 
teen and twenty south; thence west on said 
line to the range line between ranges thirty- 
three and thirty-four east; thence south on 
said range line to the township line between 
townships twenty-one and twenty-two south; 
thence west on said township line to the thread 
of the St. Johns river; thence north along the 
thread of said St. Johns river, what is known 
as "Old River," running on the south and 
west sides of what is known on the maps of 
public surveys as "Huntoon's Island," and on 
the south and west shores of Lake George to 
the place of beginning. 

Higtoiy.— §4, Nov. 23, 1828; }1, Jan. 80, 1845; 81, oh. 
624, 1854: 51, ch. 925, 1859; oh. 1764, 1870; ch. 2068, 1875; ch. 
3175, 1879; RS 40; GS 38; $2, ch. 5730, 1907; EL ch. 7399, 
1917; RGS 41; CGL 43; §1, ch. 2088, 194L 
cf. — §7.57 Seminole county. 

7.65 Wakulla county. — The boundary lines 
of Wakulla county are as follows: Beginning 
on the range line between ranges two and 
three east where the same strikes the Gulf 
of Mexico; thence north on said range line 
to the north boundary of section thirty-six, 
township two south, range two east; thence 
due west on the north line of said section 
thirty-six and other sections to the railroad 
leading from Tallahassee to St. Marks; thence 
north along said railroad two sections; thence 
west on the north line of section twenty, town- 
ship two south, range one east, and other 
sections, to the thread of the Ocklocknee river; 
thence southerly along the thread of said river 
to where same is intersected by the middle 
section line running through sections twenty- 
eight and twenty-nine, township five south, 



range three west, same being the north boun- 
dary line of Franklin county; thence east on 
said middle section line to the east bank of 
the Ocklocknee river; thence southerly and 
easterly along the east bank of said river to 
the Gulf of Mexico; thence north and easterly 
along said gulf, including the waters of said 
gulf within the jurisdiction of the State of 
Florida, to the place of beginning. 

History.— §1, Mar. 11, 1843; ch. 414, 1851; RS 22; G8 20- 
RGS 22; CGI. 24. 

7.66 Walton county. — The boundary lines of 
Walton county are as follows: Beginning on 
the Alabama state line where same is inter- 
sected by the line dividing centrally range 
eighteen west; thence south on the section 
lines to the line dividing townships two and 
three north, in range eighteen west; thence 
east to the Choctawhatchee river; thence down 
the thread of the Choctawhatchee river to a 
point where said Choctawhatchee river inter- 
sects the range line dividing ranges seventeen 
and eighteen west; thence south on said range 
line to the Gulf of Mexico; thence in a west- 
wardly direction following the meanderings of 
said gulf, including the waters of said gulf 
within the jurisdiction of the State of Florida, 
to the range line dividing ranges twenty-one 
and twenty-two west; thence north on said line 
to the dividing line between Florida and Ala- 
bama; thence easterly along said state line to 
the place of beginning. 

History.— Dec. 29, 1824; Nov. 23, 1828; ch. 176, 1848; ch. 
411, 1851; ch. 571, 1853; ch. 3258, 1881; RS 13; GS 11; $1, 
ch. 6508, 1913; SI, ch. 6937, 1915; RGS 11; CGL IS. 

7.67 Washington county. — The boundary 
lines of Washington county are as follows : Be- 
ginning on the Choctawhatchee river on the 
line dividing townships four and five north; 
thence east on said township line to northwest 
corner of section four in township four north, 
range fifteen west; thence south one mile on 
section line to the southwest corner of section 
four, township four north, range fifteen west; 
thence east one mile to southeast corner of 
section four, township four north, range fifteen 
west; thence south on section lines two miles 
to the southwest corner of section fifteen, town- 
ship four north, range fifteen west; thence east 
on section lines to Holmes creek; thence north- 
ward along the thread of Holmes creek to a 
point where said creek intersects with section 
line running east and west between sections 
thirteen and twenty-four, fourteen and twenty- 
three in township five north, range fourteen 
west; thence east on said section line to the 
northeast corner of section twenty-four, town- 
ship five north, range thirteen west; thence 
south on range line between ranges twelve and 
thirteen west to where said range line inter- 
sects with township line between townships 
four and five north; thence east on said town- 
ship line to the southeast corner of section 
thirty-three, township five north, range twelve 
west; thence south on the section line to south- 
west corner of section fifteen, township two 



Ch. 7 



COUNTY BOUNDARIES 



Ch. 7 



north, range twelve west; thence west on the 
section line to the southwest corner of section 
eighteen, township two north, range twelve 
west; thence south on the range line between 
ranges twelve and thirteen west to the merid- 
ian base line; thence west on the base line to 
the thread of Pine Log creek in range sixteen 



west; thence down the thread of said creek 
into the Choctawhatchee river to the thread of 
said river; thence up the thread of said river 
to the place of beginning. 

History.— Dec. 9, 1825; oh. 1950, 1878; 51, ch. 8258, 1881; 
RS 15; ch. 4326, 1893; II, ch. 4577, 1897; GS 13; |1, ch. 
6505, 1913; 511, 2, ch. 6935, 1915; RG3 14; CGL 16. 


















Ch. 8 



CONGRESSIONAL DISTRICTS 



Ch. 8 



CHAPTER 8 
CONGRESSIONAL DISTRICTS 



8.01 Division of state into congressional dis- 

tricts. 

8.02 New counties. 

8.01 Division of state into congressional 
districts. — Effective at the times stated in §8.04, 
the state shall be and the same is hereby divided 
into twelve congressional districts, the same to 
be serially numbered, to be designated by such 
numbers, and to have the areas as follows, to- 
wit: 

(1) The county of Pinellas shall constitute 
and compose the twelfth congressional district. 

(2) The county of Duval shall constitute and 
compose the second congressional district. 

(3) The counties of Escambia, Santa Rosa, 
Okaloosa, Walton, Bay, Holmes, Gulf and Wash- 
ington shall constitute and compose the first con- 
gressional district. 

(4) A north portion of Dade county as de- 
scribed herein shall constitute and compose the 
third congressional district, said north portion 
being that part of Dade county lying north 
of a line described as follows: 

Commencing at the pt. of intersection of 
the West county line of Dade County with 
the center line of the Tamiami canal; 
thence easterly along the center of the Ta- 
miami canal to its intersection with the 
center line of NW 20th St; thence easterly 
along the center of NW 20th St to the cen- 
ter of NW 12th Ave; thence South along 
the center of NW 12th Ave to the center of 
NW 11th St; thence east along the center 
of NW 11th St to the mainline of the Fla. 
East Coast Railroad; thence north along 
the mainline of the Florida East Coast Rail- 
road to the center of NE 15th St; thence 
east along the center of NE 15th St to the 
edge of the waters of Biscayne Bay; thence 
north along the waters of Biscayne Bay to 
the easterly extension of NE 21st St; thence 
east along the extension of NE 21st St to 
the east city limits of the City of Miami; 
thence north along the east city limits of 
the City of Miami to the South line of the 
36th St Causeway; thence easterly along 
the South line of the 36th St Causeway & 
an extension of said line to Biscayne Water- 
way; thence along the center of Biscayne 
Waterway to the center of 34th St, Miami 
Beach ; thence easterly along the center of 
34th St to the Atlantic Ocean; said water- 
courses, railroad mainline, streets & city 
limits being referred to as the same existed 
on Nov 1, 1960. 

(5) The counties of Pasco, Hernando, Cit- 
rus, Sumter, Marion, Lake, Seminole, Osceola 
and Volusia shall constitute and compose the 
fifth congressional district. 

(6) The counties of Broward, Palm Beach, 



8.03 Election of representatives to congress. 

8.04 Effective date. 



Martin, Collier, Hendry, Lee and Glades shall 
constitute and compose the sixth congressional 
district. 

(7) The counties of Polk, Manatee, Hardee, 
Highlands, Sarasota, DeSoto, Charlotte and 
Okeechobee shall constitute and compose the 
seventh congressional district. 

(8) The counties of Dixie, Levy, Gilchrist, 
Alachua, Columbia, Baker, Union, Bradford, 
Clay, Putnam, St. Johns, Nassau and Flagler 
shall constitute and compose the eighth con- 
gressional district. 

(9) The counties of Jackson, Calhoun, 
Franklin, Liberty, Gadsden, Leon, Wakulla, Jef- 
ferson, Madison, Taylor, Hamilton, Suwannee 
and Lafayette shall constitute and compose the 
ninth congressional district. 

(10) The county of Hillsborough shall con- 
stitute and compose the tenth congressional 
district. 

(11) The counties of Orange, Brevard, In- 
dian River, St. Lucie shall constitute and com- 
pose the eleventh congressional district. 

(12) The fourth congressional district shall 
be constituted and composed of Monroe coun- 
ty and of that part of Dade county south of the 
line described in subsection (4). 

History.— §§1-3, ch. 4913, 1901; GS 55-57; §§1-5, Ch. 6472, 
1913; ROS 64-68; §2, chs. 8513-8516, 1921; §2, chs. 9360, 9362, 
1923; §2, chs. 10132, 10148, 10180, 11372, 1925; CGL 80-84; 
§§1-6, ch. 16876, 1935; CGL 1936 Supp. §84(1); §§1-7, ch. 
21975, 1943; §1, ch. 26717, 1951; §1, ch. 61-302. 

8.02 New counties. — When any new counties 
are created, such new counties shall become a 
part of the congressional district in which the 
territory for such new county is located. 

History.— §6, ch. 6472, 1913; RGS 69; CGL 85; §7, Ch. 
16876, 1935; §8, ch. 21975, 1943; §10, ch. 26484, 1951. 

8.03 Election of representatives to congress. 

— The districts hereinbefore named shall con- 
stitute and form the congressional districts of 
the state, and a representative to the congress 
shall be selected in and for each of said con- 
gressional districts, as now provided by law. 

History.— §4, ch. 4913, 1901; GS 68; RGS 70; CGL 86; 
§9, ch. 16876, 1935. 

8.04 Effective dates. — Candidates for the of- 
fice of congressman for each of the districts 
provided in §8.01 shall be nominated in 1962 
as provided by law, and a congressman shall 
be elected from each such district at the general 
election to be held in 1962. For all other pur- 
poses, §8.01 shall take effect at the expiration 
of the term of office of the congressmen now 
serving from the state. 

History.— §10, ch. 21975, 1943; §2, ch. 26717, 1951; §2, ch. 
61-302. 






TITLE III 

LEGISLATIVE DEPARTMENT 

CHAPTER 10 



SENATE AND HOUSE OF REPRESENTATIVES 



Division of state into senatorial dis- 
tricts; apportionment of senate, etc. 
Term of office of senators. 



10.01 

10.02 

10.01 Division of state into senatorial dis- 
tricts; apportionment of senate, etc. — 

(1) The representation in the senate of the 
Florida legislature shall consist of forty-three 
members, each representing a district. The 
counties of the state shall be apportioned into 
forty-two senatorial districts and one district 
shall be added by superimposing over district 
thirteen district forty-three representing Dade 
county. The forty-three districts shall be appor- 
tioned among the several counties of the state 
to provide equitable representation based upon 
similar economic interests, geographic area and 
population. If by this reapportionment the 
district of a member of the senate whose term 
of office expires with the general election of 
November 1964 shall be abolished, or the 
number of his district relocated outside of his 
present district, then such member shall con- 
tinue as a senator for the county of his 
residence during the remainder of his term and 
shall have an equal vote with any other senator 
and the number of his senatorial district shall 
be indicated by adding the letter X after the 
number of the district to which he was elected 
even though it increases the maximum number 
of members herein provided for; no county 
except Dade shall be divided in creating a 
senatorial district. Every district shall consist 
of contiguous counties. 

(2) Pursuant to this act forty-three sena- 
torial districts shall be consituted as follows: 

First district— Santa Rosa county 

Second district — Escambia county 

Third district — Walton county, Holmes 
county and Washington county 

Fourth district— Jackson county and Calhoun 
county 

Fifth district — Wakulla county, Liberty 
county, Gulf county and Franklin county 

Sixth district— Gadsden county 

Seventh district — Polk county 

Eighth district — Leon county 

Ninth district — Hernando county, Sumter 
county and Citrus county 

Tenth district — Taylor county, Madison 
county and Jefferson county 

Eleventh district — Pinellas county 

Twelfth district— St. Lucie county 

Thirteenth district— Dade county 



10.03 Representation in the house of repre- 

sentatives. 

10.04 Legislative apportionment. 

Fourteenth district — Columbia county 
Fifteenth district — Bradford county, Clay 
county and Union county 

Sixteenth district — Nassau county and Baker 
county 

Seventeenth district — Hamilton county, Su- 
wannee county and Lafayette county 
Eighteenth district — Duval county 
Nineteenth district — Orange county 
Twentieth district — Marion county 
Twenty-first district — Dixie county, Levy 
county and Gilchrist county 
Twenty-second district— -Sarasota county 
Twenty-third district — Lake county 
Twenty-fourth district — Lee county, Hendry 
county and Collier county 

Twenty-fifth district — Bay county 
Twenty-sixth district — Putnam county 
Twenty-seventh district— Hardee county, 
DeSoto county and Glades county 
Twenty-eighth district — Volusia county 
Twenty-ninth district — Indian River county 
Thirtieth district— Broward county 
Thirty-first district — St. Johns county and 
Flagler county 
Thirty-second district — Alachua county 
Thirty-third district — Osceola county, Okee- 
chobee county and Martin county 
Thirty-fourth district — Hillsborough county 
Thirty-fifth district — Palm Beach county 
Thirty-sixth district — Manatee county 
Thirty-seventh district — Brevard county 
Thirty-eighth district — Pasco county 
Thirty-ninth district — Okaloosa county 
Fortieth district — Charlotte county and High- 
lands county 
Forty-first district — Monroe county 
Forty-second district — Seminole county 
Forty-third district — Dade county 

History.— Ch. 3703, 1887; RS 66; GS 64; RGS 63; §2, chs. 
8513, 8514, 8515, 8516, 1921; §2, chs. 9360, 9362, 1923; |2, Chs. 
10132, 10148, 10180, 1925; 83, ch. 10242, 1925; §2, ch. 11371, 
1925; COL 79; S3, ch. 16781, 1935; §§1-4, ch. 23614, 1945; §1, 
ch. 63-1 (X). 
cf.— Art. m, Const., Legislative department. 

10.02 Term of office of senators. — All sena- 
tors, except when vacancies are to be filled, are 
to be elected for four years. 

History. — §§2, 3, Ch. 3703, 1887; BS 63, 64; GS 63; RGS 75; 
CGL 91. 
cl.— §2, Art. vn, Const., 1885. 



Ch. 10 



SENATE AND HOUSE OF REPRESENTATIVES 



Ch. 10 



10.03 Representation in the house of repre- 
sentatives. — 

(1) Representation in the house of repre- 
sentatives shall consist of one hundred twelve 
representatives which shall be apportioned 
among the counties by the method of equal pro- 
portions; that is, each county shall have one 
representative and the remaining representa- 
tives shall be assigned to the counties in pro- 
portion to population. 

(2) Pursuant to subsection (1), there shall 
be one hundred twelve members of the house 
of representatives apportioned among the sev- 
eral counties as follows : 



County 

Dade 

Duval 

Hillsborough 

Pinellas 

Broward 

Orange 

Palm Beach 

Polk 

Escambia 

Volusia 

Brevard 

Sarasota 

Leon 

Alachua 

Manatee 

Bay 

Okaloosa 

Lake 

Seminole 

Lee 

Marion 

Monroe 

Gadsden 

St. Lucie 

Pasco 

Jackson 

Putnam 

St. Johns 

Santa Rosa 

Indian River 

Highlands 

Columbia 

Clay 

Osceola 

Nassau 

Martin 

Collier 

Walton 

Suwannee 

Madison 

Taylor 

Charlotte 

Bradford 

Hardee 

Sumter 

DeSoto 



Number of 

Representatives 

14 



6 
5 

4 
4 
3 
3 
2 
2 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 



I 

1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 



Washington 

Hernando 

Holmes 

Levy 

Gulf 

Jefferson 

Citrus 

Hendry 

Hamilton 

Calhoun 

Baker 

Franklin 

Okeechobee 

Union 

Wakulla 

Flagler 

Dixie 

Liberty 

Glades 

Lafayette 

Gilchrist 

History.— §4, ch. 3703, 1887; BS 65; GS 65; RGS 76; chs. 
8513-8516, 1921; $2, chs. 9360, 9362, 1923; §2, chs. 10132, 10148, 
10180, 10242, 11375, 1925; CGL 92; §82, 3, ch. 16781, 1935; 
§§1, 2, 4, ch. 23613, 1945; SI, ch. 31378, 1955; §2, ch. 63-l(X). 

10.04 Legislative apportionment. — 

(1) The 1963 legislature shall be composed 
of the legislators elected pursuant to the con- 
stitution of 1885, as amended, and of the 
additional legislators as provided for in §§10.01 
and 10.03, as amended at this special session of 
the legislature. Any representative or senator 
elected in the 1962 general election pursuant 
to the constitution of 1885, as amended, shall 
serve in said office for the term for which he 
was elected. The terms of office of members of 
the senate shall be for four years and the terms 
of office of members of the house of representa- 
tives shall be for two years. Any senator now 
serving shall complete his term to which he was 
elected; provided that the resignation or death 
of any legislator elected at or prior to the 1962 
general election shall create a vacancy. The 
additional legislative offices herein created shall 
be filled by and at a special election to be held 
in the affected counties or districts, as provided 
by law; provided, however, the registration 
books for the elections provided herein shall 
close at 5:00 p.m. on the fifteenth day before 
the first primary election and remain closed for 
the remaining second primary and general 
election. The senators elected from the new 
even-numbered districts shall be elected for a 
term ending with the general election of 1966 
and the senators elected from the new odd- 
numbered districts shall be elected for a term 
ending with the general election of 1964; there- 
after all senators shall be elected for four year 
terms. 

(2) The legislature shall hereafter reappor- 
tion its representation in the state senate at 
such times as may be required by the constitu- 
tion of Florida. 

History §3, ch. 63-1 (X). 






Ch. 11 



LEGISLATION 



Ch. 11 



CHAPTER 11 
LEGISLATION 



11.01 



11.02 

11.03 

11.031 

11.04 

11.05 

11.06 

11.07 
11.08 

11.09 
11.10 
11.11 
11.12 



11.13 

11.14 
11.15 

11.151 



Commissioners for the promotion of 
uniformity of legislation in the 
United States. 

Notice of special or local legislation. 

Proof of publication of notice. 

Official census. 

Notices declared to be sufficient. 

Oath by lobbyist; penalty for false 
swearing. 

Member of committee may administer 
oath. 

Method of enrolling bills, etc. 

Subpoena of witnesses; sheriff's costs; 
penalty for false swearing. 

Pay of witnesses. 

Subpoena duces tecum. 

Expenses of hearings paid. 

Salary, subsistence and mileage of 
members, expenses authorized by 
resolution, appropriation. 

Compensation of members and commit- 
tees. 

Compensation of officers and attaches. 

Employment of personnel; compensa- 
tion. 

Biennial legislative appropriation ; 
house speaker designate, senate 
president designate. 

Legislative expenditures; rental equip- 
ment. 

Pay roll. 



11.161 

11.17 

11.01 Commissioners for the promotion of 
uniformity of legislation in the United States. — 

The governor shall appoint, by and with the 
consent of the senate, three commissioners by 
the name and style of commissioners for the 
promotion of uniformity of legislation in the 
United States. The said board shall examine 
the subjects of marriage and divorce, insol- 
vency, form of notarial certificates, descent and 
distribution of property, acknowledgment of 
deeds, execution and probate of wills, and other 
subjects; ascertain the best means to effect 
assimilation and uniformity in the laws of the 
state, and cooperate and advise with similar 
commissions appointed for a like purpose in 
other states of the union; and, if wise and 
practicable, draft uniform laws to be submitted 
for the approval and adoption of the several 
states, and devise and recommend such other 
course of action as shall best accomplish the 
purposes of this section. Said commissioners 
shall serve for four years and without com- 
pensation, but shall be reimbursed for traveling 
expenses as provided in §112.061. 

The director of the legislative bill drafting 
department of the attorney general's office shall 
be an associate member and secretary of the 
commission. He shall prepare and sign all 
vouchers authorized by law and keep such 
records as directed by the commissioners. 

History.— §1, ch. 4447, 1895; OS 66; HGS 77; CGL 93; §1, ch. 
61-142; §19, ch. 63-400. 



11.19 Legislative reference bureau created. 

11.20 Same; purpose. 

11.21 Legislative council to administer. 

11.22 Legislative reference bureau director; 

assistants. 

11.23 Location of bureau; facilities avail- 

able; interchange of research. 

11.24 Services to be performed. 

11.25 Disbursements; salaries and expendi- 

tures not subject to control of state 
budget commission. 

11.26 Director; employees; restrictions on 

employment. 

11.27 Appropriation. 

11.281 Permanent study committees of legis- 

lative council. 

11.282 Membership and appointment of per- 

manent study committees. 

11.283 Permanent study committees; officers 

meetings. 

11.284 Permanent study committees; powers 

and duties. 

11.285 Appointment of advisory committees 

by permanent study committees. 

11.286 Eeports of permanent study commit- 

tees. 

11.287 Assistance to committees. 

11.288 Special functions of permanent study 

committees. 
11.29 State personnel and retirement com- 
mittee of the legislative council. 

11.02 Notice of special or local legislation. 

— The notice required to obtain special or local 
legislation shall be by publishing the same in 
some newspaper published in the county or 
counties where the matter or thing to be af- 
fected by such legislation shall be situated, one 
time at least thirty days before introduction 
of the proposed law into the legislature, or by 
posting the same at not less than three public 
places in the county or each of the counties, 
one of which places shall be at the courthouse 
in the county or counties, where the matter or 
thing to be affected by such legislation shall 
be situated. Said notice shall state the sub- 
stance of the contemplated law, as required 
by §21, Art. Ill of the constitution. 

History.— §1, ch. 3708, 1887; BS 66; GS 67: BGS 78: 
CGL 94; §1, ch. 13791, 1929. 
cf.— §§21, 24, 25, Art. Ill, Const., 1885. 

11.03 Proof of publication of notice. — Affi- 
davit of proof of publication of such notice of 
intention to apply therefor, may be made, in 
substantially the following general form, but 
such form shall not be exclusive: 

STATE OF FLORIDA? 
COUNTY OF J 

Before the undersigned authority personally 
appeared , who on oath does sol- 
emnly swear (or affirm) that he has knowledge 
of the matters stated herein ; that a notice stat- 



Ch. 11 



LEGISLATION 



Ch. 11 



ing the substance of a contemplated law or pro- 
posed bill relating to 

(here identify bill) 
has been published at least thirty days prior to 
this date, by being printed in the issues of (here 
state day, month and year of issue or issues) of 
the , a newspaper or news- 
papers published in county or 

counties, Florida (or) there being no news- 
paper, by being posted for at least thirty days 
prior to this date at three public places in the 

county or counties, one of which places 

was at the courthouse of said county or 
counties, where the matter or thing to be 
affected by the contemplated law is situated; 
that a copy of the notice that has been pub- 
lished as aforesaid and also this affidavit of 
proof of publication are attached to the pro- 
posed bill or contemplated law, and such copy 
of the notice so attached is by reference made 
a part of this affidavit. 

Sworn to and subscribed before 

me this 19 

(SEAL) 



Notary Public, State of Florida. 
My commission expires. 



Such affidavit of proof of publication shall be 
attached to the contemplated law when it is in- 
troduced into the legislature. A true copy of the 
notice published or posted shall also be attached 
to the bill when introduced, but it shall not 
be necessary to enter said published or posted 
notice, or proof thereof, in the journals. The 
fact that such notice was established in the leg- 
islature shall in every case be recited upon the 
journals of the senate and of the house of rep- 
resentatives, and the notice published and affi- 
davit of publication thereof shall accompany the 
bill throughout the legislature and be preserved 
as a part thereof in the office of the secretary of 
state. 

History.— §2, ch. 3708, 1887; BS 67; GS 68; RGS 79; CGL 95; 
81, ch. 13791, 1929; fl, ch. 21635, 1943. 
ci.— §21, Art. HI, Const., 1885. 

11.031 Official census. — 

(1) All acts of the Florida legislature based 
upon population and all constitutional appor- 
tionments shall be based upon the last federal 
decennial state-wide census. 

(2) No special county or district census 
shall be effective for any purposes other than 
to ascertain the population for the purpose of 
interpreting an existing law relating to addi- 
tional judges of the circuit court and additional 
county judges, but no existing population or 
apportionment act shall be affected by a special 
census. 

(3) The last federal decennial state-wide 
census shall not be effective for the purpose 
of affecting acts of the legislature enacted 
prior thereto which apply only to counties of 
the state within a stated population bracket 
until July 1 of the year following the taking of 
such census. 

History.— §§1, 2, ch. 57-126; (1) by |1, (3) N. by §2, ch. 59-28; 
(2) by §1, ch. 69-410; (4) N. by §1, ch. 69-264; (4) r. by §2, ch. 
63-572. 



11.04 Notices declared to be sufficient. — 
Any notice heretofore published, now being 
published, or hereafter published which con- 
forms to the requirements of §11.02 shall bs 
sufficient in manner, form and substance; pro- 
vided, however, any notice by posting in ths 
manner provided by this chapter, which hao 
heretofore been posted in any county or coun- 
ties having a newspaper, is sufficient in manner, 
form and substance. 

History.— §2, ch. 13791, 1929; COL 1936 Supp. 95(1). 

11.05 Oath by lobbyist; penalty for false 
swearing. — Whenever any person shall appear 
before any committee of the legislature of the 
state for the purpose of advocating or oppos- 
ing, proposed changes or amendments, or in 
any wise discussing a measure or matter being 
considered by such committee, such commit- 
tee, or any member thereof, may require 
such person to state upon oath in writing 
whether or not he appears in his own indi- 
vidual interest or in the interest of some other 
person and if so the name of such person and 
if he has been or is to be paid a fee or any 
compensation, directly or indirectly, for such 
service, or as expenses or otherwise to so ap- 
pear before such committee, and when such 
oath is required by a committee or any mem- 
ber thereof the chairman of the committee 
shall file the written oath with the secretary 
of the senate and the chief clerk of the house, 
and said oath shall at once be spread upon 
the journal of each house for the information 
of the members of the legislature. 

Any person who shall swear falsely as to any 
material fact in such oath shall be deemed and 
held guilty of false swearing and shall be im- 
prisoned in the state prison not exceeding 
twenty years. 

History — §§1, 2, ch. 6712, 1907; RGS 80, 6342; CGL 96, 7475. 

11.06 Member of committee may administer 
oath. — For the purpose of §11.05 the chairman 
or any member of the committee before whom 
such person may appear, may administer the 
oath herein provided for. 

History — §3, ch. 5712, 1907; RGS 81; CGL 97. 
Of. — §11.05, Penalty lor false statement. 

11.07 Method of enrolling bills, etc.— All 

bills and joint resolutions passed by the sen- 
ate and house of representatives shall be duly 
enrolled in black record by typewriting ma- 
chines or by photographing, on paper, by the 
enrolling clerk of the senate or the enrolling 
clerk of the house, accordingly as the bill or 
joint resolution may have originated in the 
senate or house, before they shall be presented 
to the governor or filed in the office of the 
secretary of state. 

The size, style and quality of the paper to 
be used shall be prescribed by the secretary 
of state and furnished by him, in sufficient 
quantities, to the enrolling clerks of the sen- 
ate and house, the cost of said enrolling paper 
shall be paid for from the appropriation for 
legislative expense. 

History.— §§1, 2, ch. 7346, 1917; RGS 82; CGL 98; II, ch. 25003, 
1949; §1, ch. 29741, 1955. 



Ch. 11 



LEGISLATION 



Ch. 11 



11.08 Subpoena of witnesses; sheriff's 
costs; penalty for false swearing. — Whenever 
required by any committee duly constituted by 
the senate, or the house of representatives, or 
by the senate and house of representatives of 
the legislature of Florida, the chairman there- 
of, shall issue subpoena and other necessary 
process to compel the attendance of witnesses 
before such committee, and the chairman, or 
any other member of such committee, may ad- 
minister all oaths and affirmations, in the man- 
ner prescribed by law, to witnesses who shall 
appear before such committee for the purpose 
of testifying in any matter about which such 
committee may desire evidence, and the sheriffs 
in the several counties in this state shall make 
such service and execute all process, or orders, 
when required by such committee, said sheriffs 
to be paid the same fees as are allowed them 
by law for similar services. 

Whoever wilfully affirms or swears falsely 
in regard to any material matter or thing be- 
fore any such committee of the legislature shall 
be deemed guilty of false swearing and shall 
be imprisoned in the state prison not exceeding 
twenty years. 

History.— §§1, 2, ch. 83B9, 1921; CGL 99, 7478. 
cf.— §§9, 10, Art. in, Const., 1885. 

§30.23, Fees and mileage of sheriff. 

11.09 Pay of witnesses. — All witnesses sum- 
moned before any committee mentioned in 
§11.08, shall receive two dollars for each day's 
actual attendance and also five cents per mile 
for actual distance traveled to and from the 
place required to appear and give such testi- 
mony. 

History.— §3, ch. 8399, 1921; CGL 100. 
cf.— §10, Art. HI, Const., 1885. 

11.10 Subpoena duces tecum. — Any commit- 
tee mentioned in §11.08 may compel by duces 
tecum the production of any books, letters, or 
other documentary evidence it may desire to 
examine, in reference to any matter before it. 

History.— §4, ch. 8399, 1921; CGL 101. 

11.11 Expenses of hearings paid. — All ex- 
penses incident to hearings or investigations by 
any committee mentioned in §11.08 and any 
expenses authorized in §11.09 shall be paid 
from the appropriation for legislative expenses 
authorized in §11.12. Such expenses to be paid 
by the comptroller upon vouchers certified by 
the chairman of such committee and approved 
as provided in §11.17. 

History.— §5, ch. 8399, 1921; CGL 102; §1, ch. 63-232. 

11.12 Salary, subsistence and mileage of 
members, expenses authorized by resolution, 
appropriation. — 

(1) The state treasurer is authorized to pay 
the salary, subsistence and mileage of the mem- 
bers of the legislature, together with such ex- 
penses of the legislature as the same accrue 
and the per diem of employees of the senate and 
the house of representatives as the same ac- 
crues, also such expenses of the legislature as 
shall be authorized by a resolution of either 
house, upon the presentation to the state treas- 
urer of an order of the comptroller, counter- 



signed by the governor, for the stated amount, 
which order shall, at the close of the legislative 
session or in due course, be presented to the 
comptroller, who shall issue to the state treas- 
urer a warrant, or warrants, therefor. 

(2) There is hereby appropriated biennially 
out of the general revenue fund a sufficient 
sum to cover legislative expenditures between 
and during any regular, special or extraordi- 
nary sessions to be released by the budget 
commission as needed. 

History.— §§1, 2, ch. 12077, 1927; CGL 103; am. §§1, 2, ch. 
21933, 1943; §1, ch. 23638, 1947; §1, ch. 24997, 1949; sub §(2) 
§1, ch. 29627, 1955; (2) by §1, ch. 57-15. 
cf. — §11.161 Legislative expenditures authorized. 

§13.01(3) Commission on Interstate commerce. 

11.13 Compensation of members and com- 
mittees. — 

(1) The pay of members of the senate and 
house of representatives shall be twelve hun- 
dred dollars per annum and may be paid in 
twelve monthly installments of one hundred 
dollars each. 

(2) During the time the legislature is in 
session, each legislator shall be paid for 
traveling expenses the per diem and mileage 
provided in §112.061. Said expenses to be paid 
to and from his home to the seat of government, 
for not more than one round trip per week, or 
fraction of a week, during any regular, special 
or extraordinary session of the legislature, or 
for the convening of either the house or senate 
for official business. 

(3) Members of any interim committee 
authorized by bill or concurrent resolution to 
receive per diem and travel expenses shall be 
paid as provided in §112.061, from the appro- 
priation for legislative expenses. 

History.— §1, ch. 19626, 1939; CGL 1940 Supp. 103(1); §1, ch. 
20839, 1941; §3, ch. 21933, 1943; §1, ch. 24999, 1949; §1, ch. 26539, 
1951; §2, ch. 29627, 1955; (2) by §1, ch. 57-343; (3) (a) by §1, ch. 
57-1988; (2) §1, ch. 62-7; (2), (3) §2, ch. 63-400. 
cf.— §4, Art. m, Qualifications, salaries, etc., of legislators. 

11.14 Compensation of officers and attaches. 

— The compensation of the several officers, sec- 
retaries, indexers, employees and attaches of 
the senate and house of representatives, re- 
quired by existing laws, provided for by its 
rules and resolutions, or employed during any 
regular or extraordinary session shall be such 
as may be allowed by resolution of the senate 
and house of representatives, or either of them, 
for each day of the session during their em- 
ployment, and such necessary additional time 
for required personnel as may be allowed by 
resolution of the senate and house of represent- 
atives, or either of them, for completing the 
journals and indexing same for publication. 
The compensation of employees serving both 
branches of the legislature shall be paid one- 
half on account of the senate and one-half on 
account of the house of representatives, unless 
otherwise directed by concurrent resolution. 

History — §2, ch. 19626, 1939; CGL 1940 Supp. 103(2); §2, ch. 
20839, 1941; §4, ch. 21933, 1943; §2, ch. 23638, 1947; §1, Ch. 
24998, 1949. ,»,«—. 

11.15 Employment of personnel; compensa- 
tion. — 

(1) There is created the permanent office 
of chief clerk of the house of representatives. 



Ch. 11 



LEGISLATION 



Ch. 11 



(a) The chief clerk shall serve the members 
of the house of representatives in the dispatch 
of public business, performing such services as 
may be assigned from time to time by the 
speaker, or by the committee on house admin- 
istration, or by law and house rule. 

(b) The chief clerk shall be elected by the 
members of the house of representatives for 
a term of two years, commencing with the first 
Tuesday after the first Monday in April of the 
odd-numbered years so as to coincide with the 
convening of regular sessions of the legislature. 

(c) The speaker and the committee on house 
administration shall approve a budget for the 
continuing operation of the office of chief 
clerk. This budget shall include the compensa- 
tion, payable monthly, of the chief clerk and 
employees of the office. Sums provided in this 
budget shall be disbursed by the comptroller, 
upon requisition prepared by the chief clerk in 
the regular order and countersigned by either 
the speaker or the chairman of the committee 
on house administration, from the general 
appropriation for the expense of the legislature. 

(d) The chief clerk shall, with the advice 
and consent of the committee on house adminis- 
tration, employ such persons as may be neces- 
sary to the efficient and economical manage- 
ment of the office in the performance of its as- 
signed duties. The chief clerk and employees 
may, upon authorization by the speaker or the 
chairman of the committee on house adminis- 
tration, attend such meetings of duly constitut- 
ed legislative committees or other groups as 
will be in the interest of the house. Such au- 
thorized trips may be compensated at the rate 
and manner prescribed by law for state em- 
ployees. 

(2) The sergeants-at-arms of the senate and 
of the house of representatives and the secre- 
tary of the senate, appointed under rules of the 
house or senate and other necessary personnel, 
shall be entitled to compensation preceding, 
during and following any regular or special 
session of the legislature, for such time as is 
necessary to open offices, to prepare stored 
property for use during the ensuing legislative 
session, to otherwise arrange for the orderly 
conduct of the business of the senate and house, 
to care for and store such property, and to 
carry out the details of their offices, as ap- 
proved by the committee on legislative manage- 
ment of the senate or the committee on house 
administration of the house, respectively, or 
as provided for by resolutions adopted by the 
senate or the house, respectively. 

(3) For the purposes of carrying on the 
financial business of the legislature the presi- 
dent of the senate, the speaker of the house, 
the chairman of the senate committee on legis- 
lative management, and the chairman of the 
house committee on house administration shall 
have the power to assign duties and to sign 
requisitions pertaining to legislative salaries 
and legislative expenses incurred as authorized. 
From the date of the general election next 
preceding the legislative session until and after 
their appointment during the legislative ses- 



sion, these duties shall be performed by the 
president and speaker designate and the chair- 
men designate of the senate and house. 

(4) (a) There shall be created a perma- 
nent office of secretary of the senate. The secre- 
tary shall be appointed for a term of two years. 
The duties of the secretary, in addition to keep- 
ing open an office during the interim between 
sessions of the legislature, shall be to generally 
supervise all matters pertaining to senate busi- 
ness. Additional duties may be assigned to him 
by the president of the senate, or the president 
designate following his election, and he may be 
called on to assist any interim committee, either 
as secretary or in furnishing clerical assistance 
during the interim to any interim committee 
where appropriations provide payment for such 
employment. 

(b) The secretary shall, with the advice 
and consent of the president and the chairman 
of the committee on legislative management 
and population, employ such persons as are 
necessary to the efficient and economical man- 
agement of the office in the performance of its 
assigned duties. The secretary and employees, 
upon authorization by the president or the 
chairman of the committee on legislative man- 
agement and population, may attend such meet- 
ings of interest to the legislature, or duly con- 
stituted legislative committees or other groups 
in the interest of the senate. Such authorized 
trips shall be compensated at the rate and 
manner as prescribed by law for state em- 
ployees. 

(c) The president of the senate, and the 
chairman of the legislative management and 
population committee, shall determine the 
salary of the secretary and the budget of the 
secretary's office, which shall be disbursed by 
the comptroller upon requisition prepared by 
the secretary in regular order and counter- 
signed by either the president or the chairman 
of the committee on legislative management and 
population, from the general appropriation 
expense of the legislature. 

(5) From the date of the general election 
next preceding the legislative session until 
and after their appointment during the legisla- 
tive session, the president-designate of the 
senate and the speaker-designate of the house 
may authorize any committees which have been 
appointed by them in their respective houses 
to hold such public hearings or meetings as 
they may determine are necessary and author- 
ize travel and per diem expenses incurred by 
the members in the amount provided in §11.13 
(3), certified by the chairman of such commit- 
tee and approved as provided in §11.17. The 
speaker-designate and president-designate are 
authorized to incur such travel and per diem 
as are necessary in preparation for the next 
session of the legislature. The expenses of such 
committees and for the speaker-designate and 
president-designate shall be a proper charge to 
the legislative expense appropriation for the en- 
suing session of the legislature. 

(6) There shall be created a permanent of- 
fice of sergeant-at-arms of the senate. The ser- 



Ch. 11 



LEGISLATION 



Ch.ll 



geant-at-arms shall be appointed for a term of 
two years. The duties and salary shall be de- 
termined by the president of the senate or the 
president-designate, following his election. The 
salary shall be paid from the general appropria- 
tion expense of the legislature. 

(7) The office of sergeant-at-arms of the 
house of representatives shall be kept open 
twelve months in each year. The duties and 
salary of the sergeant-at-arms shall be deter- 
mined by the speaker or speaker-designate for 
the house. The salary shall be paid from the 
appropriation for legislative expense. The ser- 
geant-at-arms upon his election, shall serve at 
the pleasure of the house of representatives 
until his successor is appointed. 

History §3, ch. 19628, 1939; CGL 1940 Supp. 103(3); S3, ch. 

20839, 1941; 85, ch. 21933, 1943; 111, 2, ch. 57-51; (4) by |1, ch. 

59-462; (5) n. by II, ch. 59-76; (6) n. by 51. oh. 61-524; (7) n. 
by 81, ch. 63-293. 

11.151 Biennial legislative appropriation; 
house speaker-designate, senate president- 
designate. — From the date of the general elec- 
tion next preceding the legislative session there 
is created and appropriated for each biennium 
out of legislative expense an unrestricted 
discretionary contingent fund of five thousand 
dollars for the president-designate of the senate 
and five thousand dollars for the speaker-desig- 
nate of the house to be used by each during the 
biennium and until the next regular general 
election in carrying on official duties. 

History |1, ch. 63-328. 

11.161 Legislative expenditures; rental 
equipment. — The comptroller is hereby author- 
ized to pay such sums as are certified by the 
chairman of duly appointed committees in 
charge of legislative expenditures and con- 
tracted for on a rental basis as authorized by 
properly enacted resolutions passed by the 
house or senate. Such sums may be paid monthly 
or annually and charged to the legislative expense 
appropriated in §11.12(2). 

History.— §1, ch. 26980, 1951. 

11.17 Approval of vouchers for legislative 
expenses. — 

(1) Salaries of members of the senate and 
house of representatives shall be prepared in 
payroll form by the comptroller and approved 
by the president or president-designate and 
certified by the secretary of the senate or 
approved by the speaker or speaker-designate 
and certified by the clerk of the house of 
representatives, as the case may be. 

(2) Vouchers covering all other expenses of 
the senate and house of representatives and of 
all committees thereof, lawfully incurred, shall, 
unless otherwise provided by law, be approved 
by the president or president-designate and the 
chairman of the committee on legislative man- 
agement and population and attested by the 
secretary of the senate, or approved by the 
speaker or speaker-designate and the chairman 
of the committee on house administration and 
attested by the clerk of the house of representa- 
tives, as the case may be. 

(3) All vouchers covering legislative ex- 
penses shall be audited by the comptroller and, 



if found to be correct, state warrants shall be 
issued therefor. 

History — 16, ch. 19626, 1939; CGL 1940 Supp. 103(5); |B, Ch. 
20839, 1941; |7, ch. 21933, 1943; 82, ch. 63-232. 

11.19 Legislative reference bureau created. 

— There is hereby created a legislative refer- 
ence bureau for the use of the members of the 
legislature. 

History — 11, ch. 25369, 1949. 

11.20 Same; purpose. — The general purpose 
of the legislative reference bureau shall be: 

(1) To assist the legislature of this state in 
the proper performance of its official functions 
by providing its members with impartial and 
accurate information and reports concerning 
the problems presented to them as such mem- 
bers of the legislature and by providing digests 
showing the practices of other states and of 
foreign nations in dealing with similar prob- 
lems. 

(2) To secure information for the members 
of the legislature of this state by cooperating 
with the legislative reference services in other 
states, and with the existing interstate refer- 
ence bureau maintained by the American legis- 
lator's association and by the council of state 
governments. 

(3) To provide the legislature with staff 
facilities comparable in quality and adequacy 
to those which the legislature provides for 
other departments of state government, and 
to provide such other adequate, expert assist- 
ance as may be necessary to assist the legis- 
lature in performing its required functions. 

(4) To conduct courses and prepare man- 
uals for the enlightenment of officers and em- 
ployees of various governmental units concern- 
ing their official duties and obligations. Fees 
and costs which may be assessed by the council 
in connection with such projects may be 
charged as an expense of the office of such 
officers or employees. Expenses of attending 
such courses may also be charged as an ex- 
pense of the office. 

(5) To perform such additional services for 
members of the legislature as may be required 
in assisting the members in performing their 
official duties. 

History.— 82, ch. 25369, 1949. 

11.21 Legislative council to administer. — 

(1) The general administration and re- 
sponsibility for the proper operation of the 
reference bureau shall be in the hands of a 
legislative council, composed as follows : 

The speaker of the house of representatives 
of the state and the president of the senate 
of the state shall be members of the legislative 
council. The speaker of the house of represent- 
atives shall appoint one member of the house 
of representatives from each congressional 
district of the state as such congressional dis- 
trict existed on January 1, 1960, and the presi- 
dent of the senate shall appoint one member 
of the senate from each congressional district 
of the state, as such congressional district ex- 
isted on January 1, 1960, which representatives 
and senators shall be members of the legis- 



Ch. 11 



LEGISLATION 



Ch. II 



lative council, to serve at the pleasure of their 
respective branches of the legislature. In the 
event the state is represented in the house of 
representatives of the congress by a congress- 
man or congressmen at large, the speaker of the 
house of representatives and the president of 
the senate shall appoint a representative and 
senator respectively from the state at large for 
each such congressman at large. In the event 
that either the president of the senate or the 
speaker of the house of representatives shall 
be incapable or ineligible to serve as here- 
tofore designated, the president pro tempore 
of the senate or speaker pro tempore of the 
house of representatives shall serve in the 
place or stead of the president of the senate or 
the speaker of the house of representatives 
respectively. 

(2) In the event of a vacancy occurring in 
the council, the same shall be filled as pro- 
vided for original appointments, except that 
such vacancy occurring or continuing after any 
general election shall be filled by a majority 
of the remaining members of the legislative 
council as a whole. 

(3) The legislative council shall meet at 
such times and at such places as shall be neces- 
sary to the proper exercise of its functions and 
shall have the power to adopt rules and regu- 
lations concerning its organization and the 
operation of the legislative reference bureau. 
The legislative council shall provide rules for 
the establishment and operation of select or 
standing committees of the council. The chair- 
man of the council shall appoint the members 
of such committees from the membership of 
the council; in addition, each select committee 
may consist of not more than two members 
of the house not members of the council, ap- 
pointed by the speaker and the chairman of 
the legislative council, and not more than two 
senators not members of the council, appointed 
by the president of the senate and the chair- 
man of the legislative council. Each such ad- 
ditional member of a select committee of the 
legislative council shall be entitled to an equal 
vote in matters considered by such committee, 
but shall not be authorized to vote as a mem- 
ber of the legislative council. 

(4) Action by a majority vote of the legis- 
lative council shall control and be conclusive 
on any matter properly concerning the legisla- 
tive reference bureau or council. 

(5) The members of the legislative council 
and members of committees of the council, 
whether members of the council or not, shall 
serve without compensation, but shall be re- 
imbursed for traveling expenses as provided in 
§112.061. 

History.— 1§3, 8, 10, ch. 25369, 1948; sub 8§(l)-(3), |1, ch. 
26333, 1949; SI, ch. 26770, 1951; sub IS (3), (5), §81, 2, ch. 29673, 
1955; (1) a. by SI. ch. 61-480; (5) §19, ch. 63-400. 

11.22 Legislative reference bureau director; 

assistants. — 

(1) The legislative reference bureau shall 
be in charge of a director employed by the 
legislative council, and his employment shall 
be at the pleasure of the council. He shall 



be chosen without reference to political affilia- 
tions, solely on the grounds of fitness to per- 
form the duties assigned to him. The director 
and all other employees shall have been resi- 
dents of the state for three of five years last 
preceding their appointment; but the legis- 
lative council may waive the residence re- 
quirements for citizens of the United States 
by a two-thirds vote of all members. The di- 
rector shall be paid a salary to be fixed by the 
legislative council. The director shall be reim- 
bursed for traveling expenses as provided in 
§112.061. 

(2) The director shall employ such techni- 
cal, clerical, and stenographic assistance as 
may be necessary to carry out the provisions 
of §§11.19-11.27 and shall fix the compensation 
of each, subject to the approval of the legis- 
lative council. Such employees shall be re- 
imbursed for traveling expenses as provided in 
§112.061. 

History S3 4, 5. ch. 25369, 1949; §1, ch. 28165, 1953; § 19, ch. 

63-400. 

11.23 Location of bureau; facilities avail- 
able; interchange of research. — 

(1) The legislative council and reference 
bureau shall be provided with adequate quar- 
ters in a state-owned building in the capitol 
center, conveniently accessible to the members 
of the legislature. The determination of such 
location and the adequacy of quarters within 
the capitol center shall be made by a com- 
mittee composed of the secretary of state, the 
president of the senate, the speaker of the 
house, and the chairman of the legislative 
council. The bureau shall be kept open such 
hours as may be designated by the legislative 
council. The facilities of the state library and 
of the state institutions of higher learning and 
of any other libraries maintained by the state 
shall be available for the use of the bureau. 
Each state department shall, upon the request 
of the director, furnish to the legislative ref- 
erence bureau such documents, material or 
certified copies thereof and other information 
as may be desired by the members of the legis- 
lature or as may be necessary for the legis- 
lative reference bureau to perform its functions. 

(2) The legislative reference bureau shall 
cooperate with the legislative reference bu- 
reaus of the other states and shall interchange 
information and research material with them 
through the interstate reference bureau, and 
may, in the discretion of the legislative council, 
participate with other states in the mainte- 
nance of the interstate reference bureau, and 
any reasonable expenditures for its mainte- 
nance as determined by the legislative council 
shall be deemed a necessary expense of the 
legislative reference bureau of this state. 

History — 86, ch. 25369, 1949; sub §(1), am. §3, ch. 29673, 1955. 

11.24 Services to be performed. — The legis- 
lative reference bureau shall perform the fol- 
lowing services for the legislature : 

(1) Provide a comprehensive research and 
reference service on legislative problems; 

(2) Summarize and digest information re* 



Ch. 11 



LEGISLATION 



Ch. 11 



lating to legislative matters of the federal gov- 
ernment, and also the states of this country, 
and their political subdivisions ; 

(3) Prepare reports setting forth the social 
and economic effects of statutes enacted in 
this and other states ; 

(4) Maintain a legislative reference room 
and a small working library, with a minimum 
of duplication of books and facilities provided 
by the state library; 

(5) Assist and cooperate with any interim 
legislative committee or commission created by 
the legislature; 

(6) Cooperate and maintain an exchange 
service with legislative reference bureaus and 
corresponding services of other states and, 
when desirable, exchange information with the 
federal government, foreign governments, and 
with local units of government in this state; 
cooperate with the interstate reference bureau 
maintained jointly by the American legislator's 
association and by the council of state govern- 
ments, and also with other agencies which 
carry on research in governmental problems; 

(7) Advise the presiding officers or mem- 
bers of either house of the legislature upon 
any question of parliamentary law or legislative 
procedure submitted by any of them; 

(8) Upon request, advise members of the 
legislature as to the economic or social effect 
of any proposed legislation. 

(9) To conduct courses and prepare man- 
uals for the enlightenment of officers and em- 
ployees of various governmental units concern- 
ing their official duties and obligations. Fees 
and costs which may be assessed by the council 
in connection with such projects may be 
charged as an expense of the office of such 
officers or employees. Expenses of attending 
such courses may also be charged as an expense 
of the office. 

(10) To make special studies for counties 
and municipalities as the council may direct, 
the costs of which may be assessed against 
the county or municipality requesting the same 
and paid as a municipal or county purpose. 

History.— 57, ch. 25369, 1949. 

11.25 Disbursements; salaries and expendi- 
tures not subject to control of state budget 
commission. — 

(1) No money hereafter appropriated or 
accruing to the legislative reference bureau 
may be disbursed by the comptroller except by 
warrant upon the state treasurer pursuant to 
vouchers approved by the legislative council or 
its duly authorized agent; all receipts by the 
legislative reference bureau as herein author- 
ized shall be deposited in the state treasury to 
be disbursed only as authorized by §§11.19- 
11.27. 

(2) The legislature hereby declares and de- 
termines that the legislative council has been 
and shall continue to be a committee of the 
legislature with interim powers and not an 
agency of government within the intention of 
the legislature as expressed in chapters 28115 
and 28231, acts of 1953, and that no power 
shall rest in the budget commission to release 



or withhold funds appropriated to the legisla- 
tive council in the general appropriations act 
or other acts of the legislature, but same shall 
be available for expenditure as provided by law 
and the rules or decisions of the legislative 
council. 

(3) (a) The legislature hereby declares 
and determines that the legislative reference 
bureau has been and shall continue to be a 
group of employees selected by the legislative 
council, as provided by law, employed by the 
legislature and the legislative council to per- 
form such services as may be provided by law 
or directed by the legislative council and is not 
an agency of government within the intention 
of the legislature as expressed in chapters 28115 
and 28231, acts of 1953, and the state budget 
commission had and shall have no power to 
determine the number or fix the compensation 
of such employees or exercise any manner of 
control over such employees. The selection of 
such employees, the determination of qualifica- 
tions and compensation of such employees, and 
the establishment of policies relating to the 
work of such employees, including hours of 
work, leave and other matters shall be the sole 
prerogative of the legislative council. 

(b) The legislature hereby ratifies and con- 
firms all action taken by the legislative council 
relating to the selection of employees in the 
legislative reference bureau and the fixing of 
salaries of such employees in stated amounts or 
by the adoption of a salary plan or schedule, 
including the salary of the director as provided 
in §11.22, as of the date of this determination of 
such matters by the legislative council. 

(c) The provisions of this subsection shall be 
deemed retroactive to the extent necessary to 
carry out the intent of the legislature as ex- 
pressed herein. 

History — §9, ch. 25369, 1949; sub. S8(2), (3) comp. §§1-4, ch. 
29659, 1955. 

11.26 Director; employees; restrictions on 
employment. — 

(1) Neither the director nor any other em- 
ployee of the legislative council or of the legis- 
lative bureau shall: (a) Reveal to any person 
outside of the bureau or council the contents or 
nature of any request for services made by any 
member of the legislative council, except with 
the written consent of the person making such 
request; (b) Urge or oppose any legislation; 
(c) Give legal advice on any subject to any per- 
son, firm or corporation, except members of the 
legislature; (d) During his employment by the 
council or the bureau, be associated or inter- 
ested in the private practice of law in any 
manner, nor be personally engaged in any other 
business for profit. 

(2) A violation of any provision of this sec- 
tion by any employee of the bureau shall be 
sufficient cause for his or her immediate dis- 
missal ; provided, that this section shall not be 
a limitation on the authority of the legislative 
council to dismiss or change its employees. 

History.— §11, ch. 25369, 1949. 

11.27 Appropriation. — A biennial appropri- 
ation shall be made for the uses and purpose? 



Ch. 11 



LEGISLATION 



Ch. 11 



of the legislative reference bureau, to be ex- 
pended only as herein authorized. 

History.— $12, ch. 25369, 1949; §1, ch. 26869. 1951. 

11.281 Permanent study committees of leg- 
islative council. — In order to provide a continu- 
ous development of information, the legislative 
council may maintain the following permanent 
study committees: Appropriations and auditing, 
education, finance and taxation, governmental 
organization, health and welfare, personnel and 
retirement, public safety, roads, and state in- 
stitutions. When the council finds it warranted 
for special purposes or subjects, it may also ap- 
point select committees as provided in §11.21. 

History. — 51. ch. 61-290. 

11.282 Membership and appointment of per- 
manent study committees. — Each such perma- 
nent study committee shall be authorized to 
consider and make recommendations on any leg- 
islative problem arising in its subject area. 
Each such committee shall be composed of ten 
members, selected as follows: Three senators 
not members of the legislative council, two of 
whom shall have served in the session of the 
legislature prior to their appointment on a 
standing committee of the senate concerned 
with the subject area of the study committee; 
three representatives not members of the legis- 
lative council, two of whom shall have served 
in the session of the legislature prior to their 
appointment on a standing committee of the 
house of representatives concerned with the 
subject area of the study committee; and two 
senators and two representatives who are mem- 
bers of the legislative council. Noncouncil sen- 
ators shall be appointed by the president of the 
senate and noncouncil representatives shall be 
appointed by the speaker of the house of rep- 
resentatives. Legislative council members shall 
be appointed by the chairman of the legislative 
council. Appointments to the permanent study 
committees shall be made within sixty days 
after the adjournment of each regular session 
of the legislature and vacancies occurring 
thereafter shall be filled by the person making 
the original appointment or his successor or 
successor-designate. 

History.— jl, ch. 61-290. 

11.283 Permanent study committees; officers 
meetings. — Each permanent study committee 
shall organize at a meeting called by the chair- 
man of the legislative council for a date within 
ninety days after the adjournment of the regu- 
lar session and shall elect from among its mem- 
bers a chairman and a vice-chairman. Said com- 
mittees shall meet at such subsequent times as 
it shall determine, not less than twice prior to 
the next succeeding regular session and shall 
abide by the general rules and regulations 
adopted by the legislative council for the opera- 
tion of the committees of the legislative council. 

History.— §1, ch. 61-290. 

11.284 Permanent study committees; powers 
and duties. — It shall be the duty of each con- 
tinuing study committee to gather, compile, as- 



semble and prepare for orderly, clear and con- 
cise presentation to the legislative council and 
the legislature such information as may assist 
the legislature in establishing sound, reasonable 
and judicious laws in their subject areas. Each 
such committee is authorized to invite public 
officials and employees and private individuals 
to appear before the committee for the purpose 
of submitting information to it. Each such com- 
mittee shall be authorized to maintain a contin- 
uous review of the work of the state agencies 
concerned with its subject area and the per- 
formance of the functions of government within 
each such subject area, and for this purpose, to 
request reports, from time to time in such form 
as the committee shall designate, concerning 
the operation of any state agency and present- 
ing any proposals or recommendation such 
agency may have with regard to existing laws 
or proposed legislation in its subject area. The 
committees shall review the constitution and 
statutes, court decisions, and attorney general's 
opinions as they may affect governmental func- 
tions in their respective subject areas, and 
may review administrative rules to determine 
whether they are consistent with legislative in- 
tent in interpreting, complementing or making 
specific the particular laws involved. In order 
to carry out its duties each such committee is 
empowered with the right and authority to in- 
spect and investigate the books, records, papers, 
documents, data, operation, and physical plant 
of any public agency in this state. 

History 81. ch. 61-290. 

11.285 Appointment of advisory committees 
by permanent study committees. — Each such 
committee is authorized to designate such ad- 
visory committees as it determines to be needed, 
to be selected from or composed of such groups 
of individuals as it may determine and to sub- 
mit such reports at such time and in such man- 
ner as the parent committee shall prescribe. 
Any advisory committee appointed hereunder 
shall conduct its operations, make its study, and 
submit its report in accordance with the general 
rules and regulations promulgated by the legis- 
lative council. 

History.— 81, ch. 61-290. 

11.286 Reports of permanent study commit- 
tees. — Prior to the convening of each biennial 
regular session of the legislature each such 
committee shall prepare a report or reports of 
its findings, recommendations, and proposed 
legislation and submit same to the council, the 
speaker-designate of the house of representa- 
tives and the president-designate of the senate. 

History.— §1, ch. 61-290. 

11.287 Assistance to committees. — In accord- 
ance with §§11.19-11.27, the legislative refer- 
ence bureau is hereby authorized and required 
to furnish to each such committee such techni- 
cal and clerical assistance, within the limita- 
tions of appropriated funds, as may be neces- 
sary to carry out its duties and functions, in- 
cluding, when needed, the employment of tech- 
nical specialists for the temporary assistance 



Ch. 11 



LEGISLATION 



Ch. 11 



of the legislature and the executive officers 
charged with the administration of a program 
or agency within the subject area of a commit- 
tee. The legislative reference bureau shall as- 
sist the committees in the preparation of their 
reports, provide such assistance to their meet- 
ings as they shall direct, and maintain and 
preserve their reports and records, so as to 
provide a continuity of information from bien- 
nium to biennium. All costs incurred in the 
performance of the committees' studies shall be 
expenses of the legislature and of the legisla- 
tive council and reference bureau. 

History.— 11, ch. 61-290. 

11.288 Special functions of permanent study 
committees. — The permanent study committees 
of the legislative council shall have the follow- 
ing special functions and special authorities, 
rfiSDGctivslv " 

(1) APPROPRIATIONS AND AUDITING 
COMMITTEE.— 

(a) The appropriations and auditing com- 
mittee shall meet with the state auditor from 
time to time, not less than three times each 
year, and review the work of the state auditing 
department and the completed audits of the 
department. It shall gather and compile such 
information as may assist the legislature in es- 
tablishing a sound, reasonable and judicious 
appropriation for the operation and mainte- 
nance of each of the various state functions 
during the succeeding biennium. 

(b) Not less that two members of the staff 
of the legislative reference bureau shall be as- 
signed to the committee, one of whom shall be 
assigned to the appropriation committee of the 
house of representatives and one of whom shall 
be assigned to the appropriation committee of 
the senate as soon as they are needed by said 
committees and after said committees have been 
so designated by the speaker-designate and the 
president-designate of the respective bodies, to 
assist said appropriations committees prior to 
and during any session of the legislature. 

(2) EDUCATION COMMITTEE.— During 
the 1961-63 biennium, the education committee 
shall make a thorough study of education at all 
levels and report its findings and recommenda- 
tions, including proposals for corrective legisla- 
tion, to all members of the legislature not later 
than March 1, 1963. The objectives of this study 
shall include: 

(a) The goals, philosophies and responsi- 
bilities of public education, 

(b) A re-examination of the state's respon- 
sibility for education at each level, 

(c) The financing of education, fiscal prob- 
lems, and needs in future years, 

(d) An evaluation of the basic public school 
program which the state is supporting, 

(e) The feasibility of consolidating all state 
school programs and appropriations into a sin- 
gle program, 

(f ) A complete rewriting of the state school 
law to simplify it, and 

(g) Such other problems in education as be- 
come apparent during the course of the study. 



(3) FINANCE & TAXATION COMMIT- 
TEE.— 

(4) GOVERNMENTAL ORGANIZATION 
COMMITTEE. — The governmental organization 
committee shall gather and compile such infor- 
mation as may assist the legislature in estab- 
lishing sound, reasonable and judicious laws 
for the economic and efficient operation and 
maintenance of the various functions of state 
government. It shall, upon request, work with 
and assist local government units and officers 
in resolving problems pertaining to them and 
their functions, powers, duties and operations. 

(5) HEALTH AND WELFARE COMMIT- 
TEE.— 

(6) PERSONNEL AND RETIREMENT.— 

(a) The personnel and retirement committee 
shall maintain a general legislative review over 
the personnel practices of all state agencies, the 
administration of all state personnel systems, 
and all retirement systems supported by state 
funds. Its subject area shall include but not be 
limited to such conditions of state employment 
as attendance and leave regulations, job classi- 
fication and pay plans, administrative policies 
governing pay raises, promotion and discharge, 
personnel procurement and training, and out- 
side employment and to such matters relative 
to state retirement systems as membership re- 
quirements, authorized benefits, the present 
method and alternate methods of financing such 
systems and the present status of social security 
coverage of public employees. It shall keep the 
legislature informed regarding the state's re- 
sponsibility relative to employment and retire- 
ment systems, the financial impact and the legal 
implications of present laws and proposed leg- 
islation in these fields. It shall act as a channel 
through which the administrators charged with 
administering public personnel and retirement 
systems, including those for law enforcement 
officers of the state and of the several counties 
of the state, may communicate to the legislature 
their plans, problems, and recommendations. 

(b) In order to carry out the functions as- 
signed it hereunder the committee is authorized 
to make continuous actuarial studies or to pre- 
pare annual actuarial balance sheets of the 
various retirement systems, or both, as it may 
deem necessary, and it is hereby granted the 
following specific authority : 

As soon as practicable following its appoint- 
ment for the 1961-63 biennium and at such later 
times as the legislature may direct, the commit- 
tee shall cause an actuarial study to be made 
of all retirement systems supported by state 
funds. It is authorized, with the approval of the 
legislative council, to enter into appropriate 
contracts with such actuarial firms and under 
such terms and conditions as it may determine. 
The findings and recommendations of such an 
actuarial study shall be furnished by the com- 
mittee to the members of the legislature. The 
cost of such actuarial studies shall be paid by 
the legislative council, but, by agreement ar- 
rived at between the council and the agencies 
administering the retirement systems, pro rata 
portions of such cost may be contributed from 



Ch. 11 



LEGISLATION 



Ch. 11 



the respective funds charged with the costs of 
administering such systems. This section shall 
be authority for such agreements and for the 
payments herein provided. 

(7) PUBLIC SAFETY.— 

(8) KOADS.— 

(9) STATE INSTITUTIONS.— 

History.— §1, ch. 61-290. 

11.29 State personnel and retirement com- 
mittee of the legislative council. — 

(1) There is hereby created a standing com- 
mittee of the legislative council to be known as 
the state personnel and retirement committee, 
composed of ten members to be appointed as 
follows: The president of the senate shall ap- 
point three members of the senate; the speaker 
of the house of representatives shall appoint 
three members of the house of representatives ; 
the chairman of the legislative council shall ap- 
point four members of the legislative council, 
two of whom shall be members of the house of 
representatives and two of whom shall be mem- 
bers of the senate. Such appointments shall be 
made as soon as practicable after this act shall 
become law. When said appointments have been 
made for the 1961-63 biennium and each bien- 
nium thereafter, the committee shall meet at the 
call of the chairman of the legislative council, 
elect a chairman and vice-chairman, and shall 
organize in such manner as shall be necessary 
and compatible to carrying out the purposes of 
this law. The committee members shall be ap- 
pointed at each biennial regular session of the 
legislature and shall serve from the end of 
the session in which they are appointed until 
the end of the next biennial regular session 
of the legislature. Vacancies occurring during 
the interim period shall be filled by the officer 
making the original appointment. 

(2) The function of the state personnel and 
retirement committee shall be to serve the legis- 
lature by: 

(a) Studying and having general legislative 
review over all state agencies with respect to 
their personnel practices and over the admin- 
istration of all state personnel systems and all 
retirement systems supported by state funds; 

(b) Acting as a channel by which the ad- 
ministrators concerned with administering the 
state's personnel and retirement systems may 
communicate their plans, problems, and recom- 
mendations to the legislature; 

(c) Undertaking such studies and preparing 
such reports as may be needed to keep the leg- 
islature informed regarding its responsibilities 
relative to the state's employment and retire- 
ment systems, and advise the legislature re- 
garding the financial impact and the legal im- 
plications of the present laws and any new 
legislation which may be proposed in these 
fields, including specifically, recommendations 
regarding retirement provisions for law en- 
forcement officers of the state and of the several 
counties of the state. 

(3) It shall be the duty of the committee: 
(a) To gather, compile, assemble and pre- 
pare for orderly, clear and concise presentation 



to the legislature through the council, such in- 
formation as may assist the legislature in es- 
tablishing sound and judicious legislation cov- 
ering the operations of the state's personnel 
and retirement systems. Provided further that 
an actuarial survey shall be made during the 
1961-63 biennium. Such information shall in- 
clude but not be limited to the following : 

1. The conditions of employment existing in 
the various state agencies, such as : 

a. Attendance and leave regulations. 

b. Job classification and pay plans. 

c. Administrative policies governing pay 
raises, promotion and discharge, personnel pro- 
curement and training, and outside employment. 

2. The membership requirements and bene- 
fits authorized in existing state retirement sys- 
tems, the present methods and alternate meth- 
ods of financing these systems, and the present 
status of social security coverage of public 
employees. 

3. The administrative rules, attorney gen- 
eral's opinions and court decisions which relate 
to the employment and retirement of state 
employees. 

(b) As soon as practicable following its ap- 
pointment for the 1961-63 biennium and at such 
later times as the legislature may direct, to 
cause an actuarial study to be made of all re- 
tirement systems supported by state funds. In 
order to carry out this assigned duty the com- 
mittee is authorized, with the approval of the 
legislative council, to enter into appropriate 
contracts with such actuarial firms and under 
such terms and conditions as it may determine. 
The findings and recommendations of such an 
actuarial study shall be furnished by the com- 
mittee to the members of the legislature. The 
cost of such actuarial studies shall be paid by 
the legislative council, but, by agreement ar- 
rived at between the council and the agencies 
administering the retirement systems, pro rata 
portions of such cost may be contributed from 
the respective funds charged with the costs of 
administering such systems. This section shall 
be authority for such agreements and for the 
payments herein provided. 

(c) To meet from time to time, not less than 
twice each year, and review the work of the 
state agencies concerned with retirement and 
personnel administration. The administrators of 
these agencies shall be invited to appear before 
the committee and present reports in such form 
as the committee shall designate, reviewing the 
operations of their agencies and presenting any 
proposals or recommendations they may have 
concerning existing laws or proposed legisla- 
tion in their fields. 

(d) Prior to the convening of each biennial 
session of the legislature, to submit to the coun- 
cil, the speaker-designate of the house of rep- 
resentatives, and the president-designate of the 
senate, a report of the findings and recommen- 
dations of the committee. 

(4) The committee may designate such ad- 
visory committees as it determines to be needed, 
to be composed of employees representing the 
various categories of employment (such as 



Ch. 11 



LEGISLATION 



Ch. 11 



teachers, state employees, county employees 
and fee officers, judges and justices, highway 
patrolmen, sheriffs, and constables) and other 
employee groups which ask to be heard or 
which have special employment or retirement 
problems or points of view which they desire to 
present to the legislature. The advisory com- 
mittees shall submit their reports at such times 
and in such manner as the state personnel and 
retirement committee may prescribe. 

(5) In accordance with §11.20, the legisla- 
tive reference bureau is hereby authorized and 
required to furnish to the committee such tech- 



nical and clerical assistance as may be neces- 
sary to carry out its duties and functions, in- 
cluding, when needed, the employment of a full 
time actuary to make continuous actuarial stud- 
ies or to prepare annual actuarial balance 
sheets of the various retirement systems, or 
both, for the use of the administrators and of 
the legislature. All costs incurred in the per- 
formance of the committee's studies shall be 
expenses of the legislative council and refer- 
ence bureau. 

History. — 11, ch. 81-356. 









































Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



CHAPTEK 13 

MISCELLANEOUS COMMISSIONS 

PART I INTERSTATE COOPERATION (§§13.01-13.09) 

PART II CONSTITUTIONAL GOVERNMENT (§§13.20-13.24) 

PART in STATE QUADRICENTENNIAL (§13.60) 

PART TV CITY AND COUNTY QUADRICENTENNIAL (§§13.61-13.73) 

PART V FLORIDA AVIATION STUDY AND ADVISORY 
COMMISSION (§13.76) 



PART I 
INTERSTATE COOPERATION 



13.01 Commission on interstate cooperation; 

composition. 

13.02 Senate committee on interstate coopera- 

tion created ; members. 

13.03 House of representatives committee on 

interstate cooperation; members. 

13.04 House and senate committees; terms; 

functions. 

13.01 Commission on interstate cooperation; 
composition. — 

(1) There is hereby established the Florida 
commission on interstate cooperation. This com- 
mission shall be composed of fifteen regular 
members, namely: 

The five members of the senate committee on 
interstate cooperation, 

The five members of the house committee on 
interstate cooperation, and 

The five members of the governor's committee 
on interstate cooperation. 

(2) The governor, the president of the sen- 
ate and the speaker of the house of representa- 
tives shall be ex officio honorary nonvoting 
members of this commission. The chairman of 
the governor's committee on interstate coopera- 
tion shall be ex officio chairman of this com- 
mission. The chairman of the senate committee 
on interstate cooperation shall be ex officio first 
vice-chairman of the commission, and the chair- 
man of the house committee shall be ex officio 
second vice-chairman of the commission. 

(3) Its members and members of all special 
committees which it establishes shall serve 
without compensation for such service, but they 
shall be reimbursed for their traveling expenses 
incurred in carrying out their obligations under 
this law as provided in §112.061, from the ap- 
propriation for legislative expenses. 

History m, 8, ch. 28292, 19S3; (3) by §1, ch. 57-203; (3) §3. 

ch. 63-400. 

13.02 Senate committee on interstate coop- 
eration created; members. — There is hereby es- 
tablished a standing committee of the senate of 
this state, to be officially known as the senate 
committee on interstate cooperation, and to con- 
sist of five senators. The members and the 
chairman of this committee shall be designated 
in the same manner as is customary in the case 
of the members and chairman of other standing 
committees of the senate. In addition to the 



13.05 Governor's committee on interstate co- 

operation, members. 

13.06 Designation. 

13.07 Functions of commission. 

13.08 Powers and duties of commission. 

13.09 Council of state governments as joint 

governmental agency. 

regular members, the president of the senate 
shall be ex officio an honorary nonvoting mem- 
ber of this committee. 

History $2, ch. 28292, 1953. 

13.03 House of representatives committee on 
interstate cooperation; members. — There is 
hereby established a similar standing commit- 
tee of the house of representatives of this state, 
to be officially known as the house committee 
on interstate cooperation, and to consist of five 
members of the house of representatives. The 
members and the chairman of this committee 
shall be designated in the same manner as is 
customary in the case of the members and 
chairman of other standing committees of the 
house of representatives. In addition to the reg- 
ular members, the speaker of the house of rep- 
resentatives shall be ex officio an honorary non- 
voting member of this committee. 

History §3, ch. 28292, 1953. 

13.04 House and senate committees; terms; 
functions. — The said standing committee of the 
senate and the said standing committee of the 
house of representatives shall function during 
the regular sessions of the legislature and also 
during the interim periods between such ses- 
sions; their members shall serve until their 
successors are designated; and they shall respec- 
tively constitute for this state the senate coun- 
cil and house council of the American legisla- 
tors' association. The incumbency of each 
administrative member of this commission ap- 
pointed by the governor shall extend until his 
successor is appointed. 

History.— 85, ch. 28292, 1953. 

13.05 Governor's committee on interstate co- 
operation, members. — 

(1) There is hereby established a committee 
of administrative officials and employees of this 
state to be officially known as the governor's 
committee on interstate cooperation, and to con- 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



sist of five members. Its members shall be: 

(a) The budget director. 

(b) The attorney general or an assistant at- 
torney general designated by him. 

(c) The director of the legislative reference 
bureau. 

(d) Two other administrative officials or 
employees to be designated by the governor. 

(2) The governor shall appoint one of the 
five members of this committee as its chairman. 
In addition to the regular members, the gov- 
ernor shall be ex officio an honorary nonvoting 
member of this committee. 

History.— §4, ch. 28292, 1953. 

13.06 Designation. — The committees and the 
commission established by this chapter shall be 
informally known, respectively, as the senate 
cooperation committee, the house cooperation 
committee, the governor's cooperation commit- 
tee and the Florida commission on interstate 
cooperation. 

History $9, ch. 28292, 1953. 

13.07 Functions of commission. — It shall be 
the function of this commission : 

(1) To carry forward the participation of 
this state as a member of the council of state 
governments. 

(2) To encourage and assist the legislative, 
executive, administrative and judicial officials 
and employees of this state to develop and 
maintain friendly contact by correspondence, 
by conference, and otherwise, with officials and 
employees of the other states, of the federal 
government, and of local units of government. 

(3) To endeavor to advance cooperation be- 
tween this state and other units of government 
whenever it seems advisable to do so by formu- 
lating proposals for, and by facilitating 

(a) The adoption of compacts, 

(b) The enactment of uniform or reciprocal 
statutes, 

(c) The adoption of uniform or reciprocal 
administrative rules and regulations, 

(d) The informal cooperation of govern- 
mental offices with one another, 

(e) The personal cooperation of govern- 
mental officials and employees with one another, 
individually, 

(f) The interchange and clearance of re- 
search and information, and 

(g) Any other suitable process. 

(4) In short, to do all such acts as will, in 
the opinion of this commission, enable Florida 



to do its part in forming a more perfect union 
among the various governments in the United 
States and in developing the council of state 
governments for that purpose. 

History.— §6, ch. 28292, 1953. 

13.08 Powers and duties of commission. — 

(1) The commission shall establish such 
committees as it deems advisable, in order that 
they may confer and formulate proposals con- 
cerning effective means to secure intergovern- 
mental harmony, and may perform other func- 
tions for the commission in obedience to its 
decisions. 

(2) Subject to the approval of the commis- 
sion, the member or members of any special 
committee shall be appointed by the chairman 
of the commission. State officials or employees 
who are not members of the commission on in- 
terstate cooperation may be appointed as mem- 
bers of any such special committee, but private 
citizens holding no governmental position in 
this state shall not be eligible. 

(3) The commission may provide such other 
rules as it considers appropriate concerning the 
membership and the functioning of any such 
special committee. 

(4) The commission may provide for ad- 
visory boards for itself and for its various 
committees, and may authorize private citizens 
to serve on such boards. 

(5) The commission shall report to the gov- 
ernor and to the legislature within fifteen days 
after the convening of each regular legislative 
session, and at such other times as it deems 
appropriate. 

(6) The commission, by contributions from 
the state to the council of state governments, 
may participate with other states in maintain- 
ing the said council's district and central sec- 
retariats and its other governmental services. 

(7) The commission may appoint a secre- 
tary who shall serve without compensation ex- 
cept that he shall be reimbursed for traveling 
expenses as provided in §112.061. The secretary 
shall keep records of commission activities and 
assist in preparing the biennial reports. 

History.— §87, 8, ch. 28292, 1953; (7) N. by ch. 67-307: (7) 819, 
ch. 63-400. 

13.09 Council of state governments as joint 
governmental agency. — The council of state 
governments is hereby declared to be a joint 
governmental agency of this state and of the 
other states which cooperate through it. 

History.— §10, ch. 28292, 1953. 



PART II 
CONSTITUTIONAL GOVERNMENT 



13.20 Florida commission on constitutional 

government; legislative declaration. 

13.21 Same; creation. 

13.22 Same; duties. 

13.20 Florida commission on constitutional 
government; legislative declaration. — It is de- 
clared : 

(1) The most nearly perfect system of gov- 



13.23 Same ; powers. 

13.24 Same; compensation and traveling ex- 

penses of members. 

ernment for free men ever devised by human 
ingenuity is that embodied in the constitution 
of the United States, under which a central 
authority exercises those powers of government, 



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Ch. 13 



but only those powers of government, neces- 
sarily administered on a nation-wide basis, and 
the several states, responsive to the needs and 
desires of their people, exercise all of the other 
powers of sovereignty. 

(2) For the protection of the liberties of the 
people and the orderly administration of public 
affairs it is necessary that the proper fields of 
authority exercised by the national government 
and those of the states be thoroughly under- 
stood by the people and clearly stated in na- 
tional and state constitutions. 

This was done at the foundation of the 
nation. 

_ (3) Many persons have adopted and are ac- 
tive in propagating philosophies of government 
destructive of this principle. 

(4) In recent years the growing complexi- 
ties of the social order has indicated the wis- 
dom of some expansion in the powers of the 
central government beyond those exercised, or 
properly permissible, under the constitution of 
the United States as originally conceived and 
written. Instead of awaiting the amendment of 
the constitution by the method therein pro- 
vided, many of these powers have been exer- 
cised through the expedient of placing a warped 
and unjustified construction upon the federal 
constitution. 

(5) Too often those actively opposing un- 
justified expansion of the powers of the federal 
government have been aroused by personal in- 
terest and for this reason their motives have 
been questioned and their effectiveness im- 
paired. 

(6) The tremendous expenditure of money 
by the national government begun for the pur- 
pose of relieving the emergency of a great de- 
pression started a trend by promoting a tend- 
ency of the people to look to that government 
for relief of all economic problems without a 
proper realization of the fact that the inevitable 
result of this practice is to increase the burden 
of taxation and enlarge the powers of the cen- 
tral government over the lives and destinies of 
the people. 

(7) It is a duty of the state to its people to 
preserve, for the benefit of its citizens, the 
powers of the state; to protect its inhabitants 
from unjustified assumption of authority over 
them by any government, even that of the 
United States. To this end it is the duty of the 
state to keep the people informed of the activ- 
ities of the state and national government to 
the extent necessary that they may wisely ex- 
ercise their responsibilities as free men and 
women in a democratic community. 

History.— §1, ch. 57-797. 

13.21 Same; creation. — There is hereby 
created a commission of seven persons to be 
known as the "Florida commission on constitu- 
tional government." One member shall be a 
member of the state senate appointed by the 
president of the senate, one member shall be a 
member of the state house of representatives, 
appointed by the speaker of the house of rep- 
resentatives. The other members shall be ap- 



pointed by the governor. The members shall be 
appointed for a term of four years. A vacancy 
in the membership of the commission shall be 
filled by appointment for the unexpired term in 
the same manner as the original appointment. 
The members of the commission shall elect from 
their number a chairman and secretary. 

History. — §2, ch. 57-797. 

13.22 Same; duties. — It shall be the duty of 
the commission to : 

(1) Encourage an appreciation of the neces- 
sity of maintaining the proper scope of the re- 
spective powers of the government of the 
United States and of the several states. 

(2) Call the attention of the people to all 
acts of the government of the United States and 
each of its departments which invade the 
proper fields of state sovereignty. 

(3) Support the demand that all necessary 
expansion of the powers of the federal govern- 
ment not clearly within those granted to it by 
the constitution of the United States be pro- 
vided for by amendment to that constitution 
adopted in the manner provided in that 
document. 

(4) Assist in the preparation and submis- 
sion to the congress of the United States of a 
proposed amendment to the constitution of the 
United States clarifying the rights of the states 
and the limitations upon the powers of the 
United States, and providing appropriate safe- 
guards to the people from unwarranted as- 
sumption of authority by any department of the 
federal government. 

(5) To cooperate with officers and citizens 
of other states in bringing about a better un- 
derstanding of the dangers which threaten the 
system of government under which the people 
of the United States have enjoyed the greatest 
measure of freedom, of security, of progress in 
every field, that the world has ever witnessed. 

History 83, ch. 57-797. 

13.23 Same; powers. — In order to carry out 
these duties the commission shall have the 
power to : 

(1) Utilize such means, without limitation, 
as it shall deem most expedient to acquire and 
disseminate detailed information designed to 
accomplish the end for which it was created. 

(2) Organize, or cause to be organized, an 
agency of interstate or nation-wide character 
committed to the principles of : 

(a) A strong central government endowed 
with all powers which are clearly and specifi- 
cally granted by the constitution of the United 
States. 

(b) The full protection of the rights of the 
sovereign states by amendment to the consti- 
tution rather than by judicial decree. 

(c) Strong and truly sovereign states en- 
dowed with the inherent power to exercise state 
functions without federal interference. 

History.— §4, ch. 57-797. 

13.24 Same; compensation and traveling ex- 
penses of members. — Membership on the com- 
mission shall not constitute a state office, but a 



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Ch. 13 



designation of a distinguished citizen of the 
state to render a public service under author- 
ity of this law. Members of the commission shall 
not be paid any compensation but shall be re- 
imbursed for their traveling expenses as pro- 



vided in §112.061, upon requisitions to be ap- 
proved by the governor. All expenses of the 
commission shall be paid from appropriations 
to be made by the legislature for that purpose. 

History.— §5, ch. 57-797; §1, ch. 61-24; §4, ch. 63-400. 



PART III 
STATE QUADRICENTENNIAL 



13.60 Creation, powers, duties, etc. 

13.60 Creation, powers, duties, etc. — 

(1) (a) There is hereby created the Florida 
quadricentennial commission, hereinafter re- 
ferred to as the "commission." The commission 
shall be composed of fifteen members desig- 
nated and appointed as follows : The speaker of 
the house of representatives and the president 
of the senate; ten commissioners shall be ap- 
pointed by the governor of the state ; the chair- 
man of the quadricentennial commission of Pen- 
sacola, and two of the members of the Florida 
board of parks and historic memorials, shall 
perform the duties of the commission, in addition 
to their duties in connection with such commis- 
sion and board, shall be selected by the gover- 
nor to serve as members of this commission. It 
is recommended that the governor in appointing 
commissioners shall select, as far as possible, 
residents of counties or cities that have an- 
nounced an intention to form or have organized 
a quadricentennial commission under general 
or special laws. Each commissioner appointed 
by the governor of the state shall serve for a 
term of four years. The speaker of the house 
of representatives and the president of the sen- 
ate and the commission designated from the 
Florida board of parks and historic memorials, 
shall serve as members during their current 
terms, and upon expiration of such terms, their 
successors shall serve in their stead. The term 
of the chairman of the quadricentennial com- 
mission of Pensacola, as a commissioner here- 
under, shall expire on December 31, 1959, and 
his successor shall be appointed by the 
governor. 

(b) The commissioners shall not receive 
compensation for the performance of their du- 
ties, but shall receive per diem and travel ex- 
penses as provided in §112.061, when engaged 
in the performance of the duties of the 
committee. 

(c) The commission, when organized, shall 
adopt rules, regulations and by-laws to govern 
its procedures and may amend and revoke the 
same; shall elect from its membership a chair- 
man, first vice-chairman, second vice-chairman, 
secretary and treasurer, to serve for such peri- 
ods as may be provided by the by-laws of the 
commission. The chairman shall be the chief 
executive officer of the commission and either 
vice-chairman may perform the duties of the 
chairman in his absence, or in event of his 
disability. The commission may appoint an as- 
sistant secretary and an assistant treasurer 
and such officers shall not be required to be 
selected from the membership of the commis- 
sion. 



(2) The commission shall promote and spon- 
sor a state-wide quadricentennial public cele- 
bration commemorating the 400th anniversary 
of the permanent colonization of the state ; and 
may stage historical festivals and shall assist 
county and city quadricentennial commissions 
in planning, staging and operating national and 
international expositions, industrial and agri- 
cultural displays and in operating trade fairs 
and the staging of educational, cultural, artistic 
and historical exhibits. The commission, when 
requested, shall make necessary research in 
connection with historic events and points of 
historic interest in the state and assist in the 
planning for fiestas, pageants and parades of 
the quadricentennial celebrations in the several 
cities and counties of the state during the pe- 
riod of such celebration. The commission shall 
coordinate the activities of the several cities 
and counties so as to provide progressive cele- 
brations from city to city and county to county 
during the period commencing with 1959 and 
ending in 1965 so that each community in 
which a matter of historical significance or in 
which an historic shrine is located may be en- 
abled to participate. The commission shall pro- 
mote the trade and commerce of the state by 
scheduling celebrations and attractions in such 
a manner as to attract visitors, tourists and 
potential residents to the state. 

(3) The commission is hereby declared to be 
a public body, exercising public and essential 
governmental functions as set forth in this law 
and having all powers necessary or convenient 
to carry out and effect the purposes and provi- 
sions of this law, including, without limitation, 
the following: 

(a) To sue and to be sued; to adopt a seal 
and alter the same at pleasure; to exist until 
December 31, 1966; to make and execute con- 
tracts and other instruments necessary or con- 
venient to the exercise of the powers of the 
commission ; and to make and from time to time 
amend and repeal by-laws not inconsistent with 
this law; to carry into effect the powers and 
purposes of this commission. 

(b) To make and from time to time amend 
and repeal rules and regulations, with respect 
to any celebration, that uses or desires to use 
the word "quadricentennial" in its name, or in 
describing the celebration or festival. 

(c) To grant licenses or permits to city and 
county quadricentennial commissions to stage 
a quadricentennial celebration in said county or 
city, as the case may be, and to prescribe the 
dates during which such celebrations may be 
conducted. No city or county, or agency or de- 



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MISCELLANEOUS COMMISSIONS 



Ch. 13 



partment thereof, and no quadricentennial com- 
mission, without a permit or license granted as 
above specified, shall advertise or purport to 
stage any celebration designated as a quad- 
ricentennial celebration. 

(d) To approve, amend, modify, limit or 
restrict any plan submitted by a city or county 
quadricentennial commission with respect to 
the character of any celebration, and the event 
or events to be commemorated and to prohibit 
the use of the word "quadricentennial" in con- 
nection with any celebration or event commem- 
orated which has not been approved by the 
commission. 

(e) To own and acquire property, real and 
personal, and any interest therein or right per- 
taining thereto, by purchase, lease, donation, 
gift or transfer and to acquire, construct, re- 
construct, improve, alter, repair, maintain, 
operate, sell, convey, lease and dispose of any 
building, structure or facility. 

(f ) To enter into contracts with any person, 
firm or corporation, and the state, the United 
States, and any foreign government or any 
agency or department thereof, and any county 
and municipality or any agency or department 
of either. 

(g) To accept donations and contributions 
of public and private sources, and to enter into 
contracts with respect thereto, and to borrow 
money and pay interest thereon. 



(h) To employ adequate personnel for the 
operation of the commission; provided, how- 
ever, the merit system and pension laws, rules 
and regulations shall not be applicable to any 
such personnel. 

(i) To prepare annual budgets and from 
time to time amend the same; to enter into 
agreements with consultants and others for the 
performance of services deemed necessary or 
desirable by the commission. 

(j) To adopt an official flag, seal, or other 
emblems, and to copyright the same in the 
name of the commission. The commission may 
grant a lease or license to utilize such seals and 
other emblems and devices upon such terms 
and conditions as seem proper to the commis- 
sion. 

(4) All agencies and departments of the 
state and all political subdivisions shall cooper- 
ate with the commission in accomplishing the 
objectives of this law. 

(5) Any state department or agency and 
any county, municipality or agency or depart- 
ment of either, and any public body corporate 
is authorized to contribute funds for the pur- 
pose of defraying, in whole or in part, the ex- 
penses and operations of the commission, and 
such commission shall be authorized to accept 
contributions from other public and private 
sources. 

History.— ||l-5, ch. 59-510. 



PART IV 
CITY AND COUNTY QUADRICENTENNIAL 



13.61 Legislative intent; definitions. 

13.62 Creation. 

13.63 Membership, organization and expenses. 

13.64 Duties. 

13.65 Powers. 

13.66 Obligations. 

13.67 Audit of accounts. 

13.68 City or county not liable for debts, etc. 

13.61 Legislative intent; definitions. — 

(1) IT IS HEREBY DECLARED : 

(a) That the state was discovered by 
Juan Ponce de Leon in 1513 and thereafter in 
1521 he, as captain general and governor of 
"the island of Florida," financed and attempted 
to make a settlement on the west coast of the 
state, but upon landing, de Leon having been 
mortally wounded, a colony was not established 
and the project was abandoned; and 

(b) That Lucas Vasquez Ayllon in 1524 
sought to colonize an area on the Atlantic sea- 
board, called Chicora, and the settlers had 
scarcely landed when they were killed by hos- 
tile Indians, terminating this expedition; and 

(c) Thereafter Panfilio de Narvaez was 
granted the right to explore and settle the area 
west of the Perdido river and east of Texas, 
but after marching through Florida in 1528 to 
the bay of Horses, he built and embarked on 
barges for New Spain (Mexico) ; he and all of 
the expedition were killed or lost at sea, except 
four who journeyed on foot to Mexico; and 

(d) Thereafter Hernando de Soto, as cap- 



13.69 Directors or commissioners not liable 

personally. 

13.70 Cooperation between commissions. 

13.71 Property of commissions; public prop- 

erty. 

13.72 Repeals. 

13.73 Authority to appropriate and tax. 

tain general and governor of "La Florida," 
commanded and financed an exploratory expe- 
dition in 1539; the governor died on the banks 
of the Mississippi river, and his followers 
abandoned further exploration and moved for- 
ward to New Spain ; and 

(e) Thereafter in 1549 Father Cancer de 
Barbastro, a Dominican priest, sought with 
several other priests to enter La Florida and 
pacify the Indians by preaching the gospel, 
but he also lost his life at the time of landing 
and the project was abandoned; and 

(f) That Philip II of Spain, being appre- 
hensive that a settlement would be attempted 
on the Atlantic seaboard by France or Scot- 
land, ordered the first governmental directed 
and financed expedition for the purpose of mak- 
ing two settlements, one at Achuse (Pensacola) 
and one at Point Elena on the Atlantic coast; 
and 

(g) That on November 1, 1558, Don Tris- 
tan de Luna y Arellano, a man of great military 
stature (who was previously second in com- 
mand of the Coronado expedition searching for 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



SI 'MO 



the seven cities of Cibola), was appointed cap- 
tain general and governor of Florida ; he landed 
on August 14, 1559 at Pensacola commanding 
1500 colonists, 500 of whom were soldiers and 
the remainder were women, children, public 
officials, artisans, interpreters and servants ; La 
Florida consisted of all of that territory east of 
a north and south line drawn 50 leagues west 
of the mouth of the Espiritu Santo (Missis- 
sippi) river; and 

(h) That hurricanes, famine, sickness and 
other misfortunes befell this colony, and in 
April, 1561, Angel Villafane relieved Don Tris- 
tan de Luna, said Villafane becoming the fourth 
captain general and governor of La Florida; 
and 

(i) That the settlement of Pensacola con- 
tinued until late in 1561, or the early winter of 
1562, at which time it was abandoned and the 
colonists were returned by Villafane to New 
Spain; and 

(j) That in 1562 Eibault landed in a ves- 
sel at a point near Jacksonville, and claimed 
the territory for the king of France; and 

(k) That in 1564 Fort Caroline was con- 
structed near said point, but the garrison was 
destroyed in 1565 by Pedro Menendez de Aviles, 
Adelantado and captain general of Florida, and 
the fort was occupied by his Spanish troops; 
and 

(1) That the period of permanent coloni- 
zation by Spain that commenced in Pensacola 
in 1559 and culminated with the first permanent 
settlement in 1565 at St. Augustine, the oldest 
city in the United States and Canada; and 

(m) That it is fitting that the 400th anni- 
versary of the Spanish and French colonization 
should be celebrated in Florida, and in each 
county and city thereof; and 

(n) That said celebration and the exhib- 
its in connection therewith will be of great 
historical and educational value to the people 
of this state, and will attract many visitors to 
our state and will materially contribute to the 
educational, recreational, historical and eco- 
nomic welfare of the people of this state and 
the several counties and cities thereof; and 

(o) That the city and county celebrations 
can be accomplished in a satisfactory manner 
only by the creation of a governmental agency 
to take charge of, manage and conduct these 
celebrations so that they may be maintained 
upon a high plane and with uniform standards 
throughout the state, so as to reflect credit upon 
each community and the state ; and 

(p) That such public bodies should exer- 
cise public and essential governmental func- 
tions in carrying out and effectuating the pur- 
pose and provisions of this law. 

(2) DEFINITIONS.— The following terms, 
wherever used or referred to in this law, shall 
have the following respective meanings for the 
purposes of this law, unless a different meaning 
clearly appears from the context : 

(a) "City" or "municipality" shall mean 
any city or municipality of the state duly in- 
corporated under general or special law. 

(b) "Commission" or "quadricentennial 



commission" shall mean any of the public gov- 
ernmental agencies created hereunder. 

(c) "Facility" or "quadricentennial facil- 
ity" shall mean and include, among other es- 
tablishments not enumerated, any land, build- 
ings, bridges, structures, equipment, machinery, 
installations, concessions, ships, airships, motor 
vehicles, amusement devises authorized to be 
owned, maintained, operated or sold by the 
commission, boardwalks, sea walls, breakwa- 
ters, bulkheads, causeways, wharves, docks, 
piers, yacht basins and jetties; sewerage sys- 
tems, water systems, fire fighting systems and 
equipment, power lines and cables, gas sys- 
tems and any other utilities desirable or 
convenient for the development and service of 
the area and persons, businesses and improve- 
ments thereon; streets, roads, alleyways, side- 
walks and other public ways, parks, play- 
grounds, recreation, exhibition, museum and 
amusement buildings and centers, bathing 
beaches, bath houses, swimming pools, audi- 
toriums, theaters, pavilions, athletic fields, golf 
courses, and other buildings which will contrib- 
ute to the health, welfare and recreation of the 
public; hotels, restaurants, eating places, cot- 
tages, homes, dwellings, tourist camps, trailer 
parks and other places of lodging and eating 
places of all kinds, taxicabs, buses and trans- 
portation systems; office and store buildings, 
warehouses, depots, stations and all other kinds 
of business or commercial properties, and ad- 
ministration buildings and offices for use of the 
commission. 

(d) "Governing body" or "legislative 
body" shall mean the city council, the city com- 
mission or other legislative body charged with 
legislative functions in the governing of any 
city and shall also include the board of county 
commissioners, if action is taken hereunder by 
it to authorize a commission to function in a 
county. 

(e) "Mayor" shall mean the mayor of the 
city or municipality and chairman of the board 
of county commissioners, if action is taken to 
authorize a commission to function in a county. 

(f ) "Obligations" are defined to mean any 
promissory note, debenture, revenue certificate, 
certificate of indebtedness, time warrant, reve- 
nue bond and any other evidence of indebted- 
ness or obligation, whether similar or dissimilar 
to those enumerated but shall not be construed 
to include any bond which requires approval by 
freeholders before the issuance thereof. 

(g) "Site" or "quadricentennial site" shall 
mean any area described in a resolution adopted 
as provided in §13.62(2). 

History §1, ch. 69-511. 

13.62 Creation. — 

(1) A quadricentennial commission for each 
municipality or county shall constitute a public 
body politic exercising public and essential gov- 
ernmental functions as set forth in this law and 
having all powers necessary or convenient to 
carry out and effect the purposes and provi- 
sions of this law, is hereby created, but no com- 
mission shall exercise such powers until the 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



provisions of paragraphs (a) or (b) have been 
complied with, as follows : 

(a) In each municipality there is hereby 
created a public body corporate and politic to 
be known as "quadricentennial commission of 

the city of ," provided, however, 

that such commission shall not transact any 
business nor exercise any powers hereunder un- 
til or unless the governing body of the city by 
proper resolution shall declare that there is 
need for a commission to function in such mu- 
nicipality. The determination as to whether 
there is such a need for such commission to 
function may be made by the governing body 
on its own motion; or shall be made by the 
governing body upon the filing of a petition 
signed by fifty residents of such municipality 
asserting that there is a need for a commission 
to function in such municipality and requesting 
that the governing body so declare; and 

(b) In each county there is hereby 
created a public body corporate and politic to 
be known as "quadricentennial commission of 
county"; provided, how- 
ever, that such commission shall not transact 
any business or exercise its powers hereunder 
until or unless the governing body of the county 
by proper resolution shall declare there is need 
for a commission to function in such county. 
The determination as to whether there is such 
need for a commission to function may be made 
by the governing body on its own motion, or 
shall be made by the governing body upon the 
filing of a petition signed by fifty residents of 
the county asserting that there is need for a 
commission to function in such county and re- 
questing the governing body to so declare. 

(c) Notwithstanding the foregoing pro- 
visions, if a county quadricentennial commis- 
sion is authorized to function prior to the au- 
thority being granted to any commission by a 
municipality located therein, then such county 
quadricentennial commission shall function 
throughout the entire county both within and 
without the corporate limits of the municipality 
therein and no quadricentennial commission of 
any municipality shall transact any business or 
exercise its powers so long as said county 
quadricentennial commission is functioning pur- 
suant to resolution of the county, but if any 
municipality has adopted the required resolu- 
tion to authorize a quadricentennial commission 
to transact business and exercise its powers 
within a municipality located in said county, 
prior to the adoption of a resolution by the 
governing body of the county, then in such 
event, the city quadricentennial commission 
may function throughout the county in which 
it is located and if both a city and county com- 
mission are authorized to function in any 
county, both commissions shall be authorized 
to transact business, and exercise their individ- 
ual powers, but the activities of the commis- 
sion authorized by the county to transact busi- 
ness, shall confine its activities to those parts 
of the county that are located without the cor- 
porate limits of any such municipality which 
has authorized the transaction of business by 



a city quadricentennial commission and such 
city quadricentennial commission shall exercise 
its activities to those within the corporate lim- 
its of the municipality for which it was created. 

(d) The governing body, of either a mu- 
nicipality or county, may adopt a resolution de- 
claring that there is need for a quadricenten- 
nial commission if it shall find that significant 
events during the history of the state occurred 
at any time within the borders and boundaries 
of the municipality or county; that the cele- 
brating or emphasizing of such events will be 
of benefit to citizens of the community from a 
historical, recreational, educational, cultural 
and economic standpoint; and that the citizens 
of the city or county, as the case may be, will 
receive benefits by the holding of such a cele- 
bration and exhibition including the attraction 
of visitors and tourists and the settlement of 
persons within the municipal or county bound- 
aries. 

(e) In any suit, action or proceeding in- 
volving the validity or enforcement of or re- 
lating to any contract of the commission, the 
commission shall be conclusively deemed to 
have become established and authorized to 
transact business and exercise its powers here- 
under upon proof of the adoption of a resolution 
by the appropriate governing body declaring 
the need for the commission. Such resolution 
or resolutions shall be sufficient if it declares 
that there is such a need for a commission and 
finds substantially the foregoing terms (no fur- 
ther detail being necessary), that any or all of 
the above enumerated conditions existed in the 
county or city. A copy of such resolution duly 
certified by the clerk of the circuit court or 
city clerk or officer occupying a similar posi- 
tion, shall be admissible in evidence in any suit, 
action or proceeding. 

(2) Any quadricentennial commission duly 
authorized by resolution to transact business 
and exercise its power in the manner hereto- 
fore set forth, shall have all the powers nec- 
essary or convenient to carry out and effectuate 
the purposes and provisions of this law includ- 
ing without limitation the following: 

(a) To sue and be sued; to adopt a seal 
and to alter the same at pleasure; to have per- 
petual existence and succession; to make and 
execute contracts and other instruments nec- 
essary or convenient to the exercise of the 
powers of the commission; and to make and 
from time to time amend and repeal by-laws 
not inconsistent with this law, to carry into 
effect the powers and purposes of the commis- 
sion. 

(b) To make and from time to time amend 
and repeal rules and regulations which shall 
be effective within any areas, located within or 
without the limits of any incorporated city, 
depending upon the governing body that author- 
ized the commission to transact business, select- 
ed and developed as a quadricentennial site or 
upon which facilities as herein defined shall be 
maintained and operated. The selection of any 
such site shall be evidenced by the adoption of 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



a resolution describing the boundaries of such 
area, and declaring the same to be a quadricen- 
tennial site. That the rules and regulations 
adopted and promulgated hereunder may in- 
clude, without limitation, rules and regulations 
designed and intended : 

1. To regulate and restrict the height, 
size, type of construction, location and use of 
buildings and other structures, and to establish 
and enforce a satisfactory building code. 

2. To promote health and safety by 
adopting and enforcing rules and regulations 
relating to health, sanitation, and safety gen- 
erally, and to sources of water supply; sewage, 
garbage, trash and waste disposal; and prohib- 
iting or regulating the keeping of pets, 
animals, fowls and the like; and to provide for 
any or all of the foregoing and to require the 
use of services and facilities provided by public 
utilities for any of the foregoing at such rea- 
sonable charges as the commission may fix and 
to prohibit and prevent the use of private or 
other such services and facilities. The violation 
of any of such rules and regulations is hereby 
declared a nuisance and a menace to health 
and safety and may be suppressed or abated 
by any legal method. 

3. To adopt and enforce rules for the 
regulation of traffic and the use of all improve- 
ments, projects and things placed on the proj- 
ect site. 

4. To enforce all reasonable rules, regu- 
lations, building codes and the like by injunc- 
tion or any other appropriate legal or equita- 
ble remedy. 

5. To regulate the character of busi- 
nesses, including without limitation the sale of 
alcoholic beverages (in counties where such 
sales are permitted) and the hours where any 
business can or must be operated and conduct- 
ed, and to adopt such regulations as may be 
necessary for the protection of the lives of 
persons and property and for the preservation 
of peace and quiet. 

(c) There shall be displayed in at least 
one public place on the project site or sites 
a copy of the rules and regulations; that all 
rules and regulations adopted under authority 
hereof shall have the force and effect of law 
and in event of violation thereof the offender 
shall be guilty of a misdemeanor and shall be 
punished as provided by law. 

(d) To promote and sponsor a quadricen- 
tennial public celebration commemoration of 
the 400th anniversary of the permanent colo- 
nization of Florida during the period commenc- 
ing January 1, 1959, and including December 31, 
1969 and to assist cities and counties in con- 
nection with clebrations staged by them, and 
in the operation of national and international 
expositions, industrial and agricultural dis- 
plays, trade fairs and educational, cultural, 
artistic and historical exhibits, fetes, fiestas, 
parades, pageants, athletic contests and con- 
tests of speed and skill, motor vehicle, motor 
boat, sail boat and airplane races and exhi- 
bitions; provided, however, if there shall be 
created by law a state commission or authority, 



vested with the power to license or regulate or 
to coordinate such municipal and county cele- 
brations with each other, no quadricentennial 
celebration shall be conducted without a license 
or permit from such state commission or au- 
thority nor in any manner except in accordance 
with regulations adopted by such commission 
therefor. 

(e) To own and acquire property, real 
and personal, and any interest therein or right 
pertaining thereto, by purchase, lease, donation, 
gift or transfer and to acquire, construct, re- 
construct, improve, alter, repair, maintain, 
operate, sell, convey, lease and dispose of any 
building, structure or facility. 

(f) To enter into concession contracts for 
the operation of the facilities and any activi- 
ties specified in §13.62(2) (d) and (g). 

(g) To improve and develop the property 
acquired by such commissions and in connec- 
tion therewith to subdivide said property into 
lots and to acquire, construct and operate sew- 
age and water facilities and facilities for the 
transmission of gas, water and electricity and 
for the disposition of sewage, to construct, 
manage and operate trailer courts, hotels and 
motels within the project site and to operate 
transportation facilities within and without 
the project site. 

(h) To enter into contracts with any per- 
son, firm or corporation and the state, the 
United States and any foreign government or 
any agency or department thereof, and any 
county and municipality or any agency or de- 
partment of either. 

(i) To enter into development, operating 
and management of contracts and leases for 
the construction, maintenance and operation 
of facilities as may be necessary or desirable, 
or in the furtherance of the development of 
properties acquired. 

(j) To invest any funds held in reserve or 
sinking funds not required for immediate dis- 
bursement, in property or securities of which 
industrial savings banks may legally invest 
funds subject to their control; to purchase its 
own obligations at a price not more than the 
principal amount and accrued interest; and 
all obligations so purchased may be cancelled 
if such cancellation is not prohibited by the 
terms of the obligations or any agreement, 
contract or indenture pertaining thereto. 

(k) In event the commission shall deter- 
mine the interests of the community so re- 
quires, to grant a lease, sublease or license to 
the United States, Florida, any county, any 
municipal or private corporation or any person 
for a nominal consideration or other considera- 
tion as it deems proper, in order to procure the 
establishment of a facility essential or desirable 
in the interest of the public. 

(1) To accept donations and contributions 
of public and private sources, and to enter into 
contracts with respect thereto, and to borrow 
money and pay interest thereon. 

(m) To employ adequate personnel for 
the operation of the commission; provided, 
however, merit system and pension laws, rules 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



and regulations, shall not be applicable to any 
such personnel. 

(n) To acquire property by lease for a 
term of ninety-nine years or less and to grant 
leases for a term of occupancy of ninety-nine 
years or less and such leases may be granted 
upon such conditions as the commission shall 
deem proper. 

(0) To buy and sell to consumers water, 
gas and electric power or to grant a concession 
and right to others so to do within the area 
of the project site or within the boundaries of 
any lands owned by the commission; and 

(p) To adopt policies, rules and regula- 
tions for the award of contract, either negoti- 
ated or on competitive bidding, and no statute, 
rules, regulation or policy of any city, or county, 
or of the state, relating to or governing con- 
tracts by public bodies shall apply to contracts 
or the awarding thereof by any commission; 
but no contract shall be let by the commission 
to any officer, or any member or employee of 
the commission. 

History.— §2, ch. 59-511. 

13.63 Membership, organization and ex- 
penses. — 

(1) A quadrieentennial commission shall 
consist of a board of five commissioners, each 
of whom shall be appointed by the governor to 
serve for a term of four years or until a suc- 
cessor shall be appointed and qualified. 

(2) The commission when appointed and 
organized shall elect a chairman, first vice- 
chairman, second vice-chairman, secretary and 
treasurer, each to serve for a term of two years ; 
a majority of the commission shall constitute a 
quorum of the board at any regular or special 
meeting. No salary shall be paid to commis- 
sioners but they shall be reimbursed for travel- 
ing expenses as provided in §112.061. Each com- 
missioner shall give bond for faithful perform- 
ance of his duties in such amount as the commis- 
sion shall determine, which shall be not less than 
ten thousand dollars, the premium on such bonds 
to be paid by the commission. 

(3) The board of commissioners shall be 
charged with the general management of the 
affairs of the commission and shall exercise 
the powers and privileges granted to it by law. 

History.— §3, ch. 59-511; (2) §19, ch. 63-400. 

13.64 Duties. — The commission, with refer- 
ence to the activities it is charged with con- 
ducting, shall: 

(1) Prepare a program or proposal for 
the acquisition or construction or operation of 
facilities, considered necessary or desirable in 
accomplishing the objectives of this law. 

(2) Supervise the construction, alteration, 
extension or repair of any facility. 

(3) On or before July 1 of each year, pre- 
pare an annual budget containing an estimate 
of receipts and disbursements for its fiscal 
year, beginning October 1 and ending on Sep- 
tember 30, and a separate budget for each 
facility operated by it. A copy of said budget 



shall be presented to the governing legislative 
body of any municipality or county contributing 
funds, property, exemptions or concessions to 
said commission. A summary of the budget 
containing the major items of estimated re- 
ceipts and expenditures may be published by 
the commission or the board of county com- 
missioners. 

(4) Prepare and adopt amended budgets 
when required. 

(5) Operate, as far as practicable, within 
any such budget. 

(6) Submit periodic reports to the gov- 
erning legislative body of any municipality or 
county contributing funds, property, exemptions 
or concessions to said commission. 

(7) Establish bank accounts and special 
funds as required and withdraw from bank 
deposits and funds maintained by it such sums 
as may be necessary for the operation of the 
commission. 

History.— §4, ch. 59-511. 

13.65 Powers. — The commission shall have 
the power to issue obligations as herein defined 
for the purpose of obtaining funds in order to 
exercise the powers herein granted or to enable 
it to perform or better perform its duties here- 
under and accomplish the objectives of this law, 
including, without limitation, the acquisition of 
property or procurement of operating funds, 
and when such obligations are issued, may 
covenant in the obligations or any contract or 
indenture pertaining thereto : 

(1) To pledge all or any part of the gross 
or net revenues derived from the operation or 
ownership of facilities. 

(2) To pledge all or any part of the rent- 
al received from the lease of facilities to any 
person, firm or corporation or revenues derived 
therefrom by contract or otherwise. 

(3) To pledge all or any part of donations 
or contributions received from private and 
public sources. 

(4) To pledge the excess revenues from 
the ownership or operation of its other facili- 
ties. 

(5) To establish a sinking fund to be used 
exclusively for the payment of interest and 
the retirement of such securities or obligations. 

(6) Against pledging all or any part of 
the rents, fees and revenues received by reason 
of the ownership or operation of any facility, 
or against mortgaging all or any part of its real 
or personal property to which its right then 
exists or may thereafter come into existence or 
against permitting or suffering any lien on 
such revenue or property. 

(7) To limit its rights to sell, lease or 
otherwise dispose of any of its property or 
any or all of its facilities; and to covenant as 
to what other additional debts or obligations 
may be incurred by it. 

(8) As to the issuance of such obligations 
in escrow or otherwise, and as to the use and 
disposition of the proceeds of such securities. 

(9) To provide for the replacement of lost, 
destroyed or mutilated instruments, and against 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



extending the time for payment of its obliga- 
tions or securities or interest thereon and to 
redeem the obligations and securities, and for 
their redemption, and to provide the terms and 
conditions thereof. 

(10) As to the rents and fees to be 
charged in the operation of any facility, the 
amount to be raised each year or other period 
of time, by rents, fees and other revenue, and 
as to the use and disposition to be made there- 
of; to create or authorize the creation of spe- 
cial funds for moneys held for construction or 
operating costs, or debt services, reserves or 
other purposes, and to covenant as to the use 
and disposition of the moneys held in such 
funds. 

(11) To prescribe the procedure, if any, 
by which the terms of any contract with the 
holders of the obligations may be amended 
or abrogated, the amount of obligations the 
holders of which must consent thereto, and 
the manner in which such consent may be 
given. 

(12) As to the use of any or all of its 
real or personal property, the maintenance and 
replacement thereof, the insurance to be carried 
thereon, and the use and disposition of insur- 
ance moneys received; to covenant as to the 
rights, liabilities, powers and duties arising 
upon the breach by it of any covenants, con- 
ditions or obligations and to covenant and 
prescribe as to events of default and terms 
and conditions upon which any or all of its 
obligations issued under the provisions of this 
law shall become or may be declared due before 
maturity and as to the terms and conditions 
upon which such declaration and its conse- 
quences may be waived. 

(13) To designate a trustee or trustees 
and to vest in such trustee or trustees, or the 
holders of such obligations, or any proportion 
of them, with the right to enforce the payment 
of the obligations or any covenants securing or 
relating thereto ; to vest in a trustee or trustees 
the right, in event of a default by the issuer to 
take possession and use, operate and manage 
the facility, or, any part of such facility or 
facilities and to collect the rents and revenues 
arising therefrom, and to dispose of such 
moneys in accordance with the agreement of 
the issue with said trustee; to provide for the 
powers and duties of a trustee or trustees and 
to limit the liabilities thereof; and to provide 
the terms and conditions upon which the trustee 
or trustees or the holders of such obligations, 
or any proportion of them, may enforce any 
covenant or rights securing or relating to the 
securities or obligations. 

(14) That in event of default of payment 
of principal or interest of any obligations 
issued hereunder, upon application of the hold- 
ers of not less than twenty-five per cent of the 
principal amount then outstanding for the 
holders of the obligations of any issue of 
obligations, or upon application of the trustee 
or trustees designated in any contract or agree- 
ment executed by the issuer, to consent to the 
appointment of a receiver for the facility or 



facilities which participated in the distribution 
of the proceeds of such obligations or securities 
and further consent that the court appointing 
said receiver shall include in any order appoint- 
ing such receiver, in addition to such powers 
as the court may deem proper, the right to enter 
into and take possession of said facility and 
operate, maintain or repair the same, and to 
establish, levy, maintain, and collect fees, 
tolls, rentals, and other income from the 
ownership, control and operation of said facili- 
ties, and to receive all revenues in the same 
way as the issuer might itself have done and 
dispose and apply revenues so collected and 
received in such manner as may be directed. 

(15) (a) That if the commission owns, 
constructs, acquires or operates more than one 
facility, it may issue the obligations and pledge 
to the payment thereof all or any part of the 
receipts from one or more than one facility; 
and 

(b) Any obligations issued under au- 
thority of this law may be subordinated to 
any other obligation issued by an issuer with- 
out affecting the validity thereof. 

(16) To include in any deed to property 
a provision that such property is conveyed 
subject to all of the rights, privileges, terms, 
provisions and conditions in the obligations (as 
denned herein) contained or in any obligation 
or resolution, contract or indenture authorizing 
the issuance of any such obligation, and any 
such rights, terms, privileges, provisions or 
conditions shall be covenants running with the 
title to the land, and that upon breach of any 
of the terms, provisions, or conditions contained 
therein all of the rights and privileges of 
the holders of the obligations or the trustees 
or trustee designated in any resolution, con- 
tract or agreement, adopted or executed by 
the commission in connection with the issuance 
of obligations may be exercised and enjoyed to 
the same extent as if the property described in 
said deed had not been conveyed by the com- 
mission. 

History. — §5, ch. 59-511. 

13.66 Obligations.— 

(1) Obligations of the commission shall be 
authorized by its resolution and may be issued 
in one or more series and shall bear such date 
or dates, mature in such time or times, bear 
interest at such rate or rates, be in such denom- 
ination or denominations, be in such form, 
either coupon or registered, carry such conver- 
sion or registered privileges, have such rank 
or priority, be executed in such manner, be 
payable in such medium of payments, at such 
place or places, and be subject to such redemp- 
tion (with or without premium) as any such 
resolution, contract, agreement or indenture 
may provide; provided, however, no obligation 
shall be issued which shall mature more than 
thirty years after the date of issue. 

(2) Such obligations may be sold at not 
less than ninety-five per cent of the face value 
at public sale, held after publication of notice 
once at least ten days prior to the sale, in a 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



newspaper having general circulation in the 
city and county where the commission is au- 
thorized to function and may be sold to any 
other purchaser by a privately negotiated sale 
and without competitive bidding at not less 
than par value, provided not less than ten 
days public notice, by one publication in a 
newspaper having general circulation in the 
county, is given of the intention to make such 
private sale. Full information shall be made 
available to any citizen of the city or county 
wherein the commission is authorized to func- 
tion, upon written demand, with respect to the 
terms, provisions, conditions, limitations, ma- 
turities, and interest rate of the obligation pro- 
posed to be issued and the terms of such pro- 
posed sale. 

(3) In case any officer or officers of the issue 
whose signature appears on obligations or cou- 
pons shall cease to be an officer before the 
delivery of the obligations, such signature shall, 
nevertheless be valid and sufficient for all pur- 
poses, the same as if such officer had remained 
in office until such delivery. Any provision of 
any law to the contrary notwithstanding, any 
obligation issued pursuant to this law shall be 
fully negotiable. 

(4) In any suit, action or proceeding in- 
volving the validity or enforceability of any 
obligation of an issue or the security therefor, 
any such obligation reciting in substance that 
it has been issued by the issuer to aid in the 
acquisition, construction, extension or repair 
of any facility or facilities, shall be conclusive- 
ly deemed to have been issued for such public 
purposes. 

(5) No officer, director, member or former 
director of the issuer, nor any person executing 
the obligation, shall be liable personally on the 
obligations by reason of the issuance thereof. 
The obligation (and such obligations shall so 
state on their face) shall not be a debt of the 
county, the state or any political subdivision, 
authority or commission (other than the com- 
mission created hereby) and neither the county, 
nor the state or any political subdivision there- 
of except the commission, shall be liable there- 
on, nor in any event shall the obligations be 
payable out of any funds or properties other 
than those of the issuer. The obligation shall 
not constitute an indebtedness within the mean- 
ing of any constitutional or statutory debt or 
bond limitation or restriction. 

(6) Obligations of an issuer may be vali- 
dated in the same manner and to the same ex- 
tent as provided in chapter 75. 

History.— §6, ch. 69-511. 

13.67 Audit of accounts. — The books and ac- 
counts of the commission shall be audited an- 
nually and a copy thereof shall be maintained 
in the office of the commission. The audit shall 
be open for the examination of the public at all 
reasonable times. A copy of the audit will be 
forwarded to the governing legislative body of 
any municipality or county contributing funds, 
property, exemptions or concessions to said 
commission. 

History.— 17, ch. 59-511. 



13.68 City or county not liable for debts, 
etc. — The commission shall have no power, 
without the consent of the county or the munic- 
ipality where said commission is authorized to 
operate to bind or commit such county or munic- 
ipality in any manner for the debts, liabilities, 
obligations, acts or omissions of the commission 
or any of its officers or employees and all 
persons dealing with the said commission are 
hereby given full notice of this limitation. 

History §8, ch. 59-511. 

13.69 Directors or commissioners not liable 
personally. — No director or commissioner shall 
be held personally liable or accountable for any 
debts or liabilities, either ex contractu or ex 
delictu of the commission, resulting from the 
exercise of the power and authority herein 
granted. 

History §9, ch. 69-511. 

13.70 Cooperation between commissions. — 

The commission is hereby authorized to con- 
tract with any commission of an adjoining 
county or city to jointly exercise with respect 
to any facility or facilities herein defined, the 
powers and duties vested in said commission. 

History.— §10, ch. 59-511. 

13.71 Property of commissions; public prop- 
erty. — All property or rights therein owned by 
the commission shall be deemed to be public 
property held and owned for a county purpose 
if the commission is authorized to function 
within a county, and a municipal purpose if the 
commission is authorized to function only with- 
in a municipality; and in event of a convey- 
ance of the property to either by a commission, 
or assignment of any lease or license of prop- 
erty upon which a facility is located, or the 
abolition of the commission without provision 
to the contrary, said property and ownership 
thereof shall be vested in the appropriate 
county or municipality based upon which au- 
thorized the particular commission to function; 
provided, however, if at the time of acquisition 
of said property all indebtedness of the com- 
mission has been paid or if the said indebted- 
ness shall subsequently be paid, then the said 
county or municipality acquiring the property, 
when no such indebtedness exists, shall prorate 
the net income from such property between 
each other according to the amounts contributed 
to the commission by each, until the one not 
acquiring the property has been reimbursed in 
full for any contributions made to the commis- 
sion, and after such reimbursement, all reve- 
nues shall inure to the benefit of the one ac- 
quiring the property; provided further, if any 
facility is constructed on leased property, the 
commission may transfer said facility and lease 
to the county or city and until the expiration 
or termination of said lease, said county or 
municipality may exercise all of the rights 
herein granted to a commission with respect 
to said facility. 

History.— Ill, ch. 59-511. 

13.72 Repeals. — All laws and parts of laws 
in conflict herewith are repealed, provided, 



Ch. 13 



MISCELLANEOUS COMMISSIONS 



Ch. 13 



however, §§13.61-13.71 shall not repeal chapter 
57-2043, nor any special law creating a munic- 
ipal or county quadricentennial commission or 
authority; provided further, the provisions of 
§13.62(2) (p) shall apply with equal force to 
the quadricentennial commission of Pensacola 
created under chapter 57-2043. 

History §13, ch. 59-511. 

13.73 Authority to appropriate and tax. — 

The board of county commissioners of any 



county in which a quadricentennial commission 
is authorized to transact business under any 
general or special law and any municipal corpo- 
ration within any such county, may budget, 
appropriate, expend and contribute property, 
services and funds to any such quadricenten- 
nial commission and as an incident thereto, 
any such board of county commissioners and 
municipal corporation is authorized to assess 
ad valorem taxes therefor. 

History.— §1, ch. 59-517. 



PART V 
FLORIDA AVIATION STUDY AND ADVISORY COMMISSION 



13.76 Florida aviation study and advisory 
commission. 

13.76 Florida aviation study and advisory 
commission. — 

(1) COMMISSION CREATED.— There is 
hereby created the Florida aviation study and 
advisory commission (hereinafter called the 
"commission"). 

(2) MEMBERSHIP DEFINED.— The com- 
mission shall be composed of two members of 
the Florida house of representatives to be 
appointed by the speaker of the house of 
representatives, two members of the Florida 
senate to be appointed by the president of the 
senate, and three members of the public at 
large to be appointed by the governor. 

(3) POWERS AND DUTIES.— 

(a) The commission shall, as soon as pos- 
sible after being appointed, engage in a study 
of the field of aviation as it relates to Florida, 
including the collection and evaluation of facts, 
formulation of goals, and development of a long 
range program for the fostering and promotion 
of aviation in the state; and shall do all other 
acts and things necessary to be able to recom- 
mend possible changes in the laws governing 
and affecting aviation. 

(b) The commission shall attempt to organ- 
ize its recommendations into a comprehensive 
plan designed to aid the progress of aviation in 
the state, and shall report its findings and its 
plan of recommendations to the 1965 session of 
the legislature. 

(c) The commission shall inquire into and 
make recommendations concerning any and all 
aspects of aviation; including, without limita- 
tion, ways and means of fostering and develop- 
ing airports and aviation throughout Florida, 
methods of most effectively making use of such 



federal aid funds as may be available for pur- 
poses related to aviation, a thorough analysis 
of the relationships and delineations of respon- 
sibility and control of aviation between federal 
and state governments under existing laws, 
methods of financing the maintenance and up- 
keep of an adequate network of airports and 
aircraft facilities throughout the state, and 
methods which are now available or which may 
be developed for the financing of the acquisition 
of aircraft on a more widespread basis. 

(4) ASSISTANCE.— The Florida develop- 
ment commission shall furnish the commission 
necessary technical, administrative, and clerical 
assistance. 

(5) MISCELLANEOUS.— 

(a) The members of the commission shall 
serve until the close of the 1965 session of the 
legislature at which time the commission shall 
cease to exist. 

(b) The members of the commission shall 
serve without pay but shall be reimbursed for 
expenses pursuant to the provisions of §112.061. 

(c) The members of the commission shall 
elect a chairman and a secretary from among 
their number, who shall be responsible for con- 
ducting the meetings and affairs of the com- 
mission and for keeping records thereof. 

(d) Each member of the commission shall 
have an equal voice in the operations thereof 
and in the final formulation of a plan of 
recommendations to be presented to the 1965 
session of the legislature. Any member or mem- 
bers disagreeing with such final plan of recom- 
mendations in any respect may file a minority 
plan of recommendations identified as such. 

History §§1-5, ch. 63-492. 



TITLE IV 



EXECUTIVE DEPARTMENT 



CHAPTER 14 



GOVERNOR 



14.01 Governor authorized to employ persons 

to protect life, liberty and property. 

14.02 Governor may preserve peace and order 

by military force. 

14.021 Governor; promulgation and enforcement 

of emergency rules and regulations. 

14.022 Governor ; emergency powers to quell vio- 

lence. 

14.03 Governor's private secretary. 

14.05 Salary of officer upon whom duties of 
governor shall devolve. 

14.051 Title of person upon whom duty of gov- 
ernor may devolve. 

14.01 Governor authorized to employ per- 
sons to protect life, liberty and property. — The 

governor may employ as many persons as he, 
in his discretion, may deem necessary to pro- 
cure and secure protection to life, liberty and 
property of the inhabitants of the state, also 
to protect the property of the state. 

History.— Ch. 1660, 1868; RS 68; GS 69; RGS 83; CGL 104. 

14.02 Governor may preserve peace and 
order by military force. — The governor may, in 
cases of insurrection or rebellion, violence, dis- 
order or insecurity of life, liberty and property, 
support and preserve the public peace and 
order by the military force of the state. 

History.— §1, ch. 1745, 1870; RS 69; GS 70; RGS 84; CGL 105. 
ci.— §250.28, Order for troops to aid civil authorities. 

14.021 Governor; promulgation and enforce- 
ment of emergency rules and regulations. — 

(1) The governor of Florida is hereby au- 
thorized and empowered to promulgate and en- 
force such emergency rules and regulations as 
are necessary to prevent, control, or quell 
violence, threatened or actual, during any 
emergency lawfully declared by him to exist. 
In order to protect the public welfare, persons 
and property of citizens against violence, 
public property damage, overt threats of vio- 
lence, and to maintain peace, tranquillity and 
good order in the state, these rules and regula- 
tions may control public parks, public build- 
ings, or any other public facility in Florida, 
and shall regulate the manner of use, the time 
of use, and persons using the facility during 
any emergency. These rules and regulations 
shall have the same force and effect as law 
during any emergency, and shall remain in 
effect during a period of time and in such 
manner, and shall affect such persons, public 



14.06 Governor authorized to employ clerical as- 
sistance for departments of state. 

14.14 Speaker of house of representatives dis- 

qualified while acting as governor; who 
to act. 

14.15 Governor elect; inability to discharge 

duties; succession. 

14.16 Special election for governor. 

14.17 Governor; term of office. 

14.18 Governor; inability to discharge duties; 

succession. 
14.20 Citizens advisory committee on the aged. 



buildings and public facilities as in the judg- 
ment of the governor shall best provide a safe- 
guard for protection of persons and property 
where danger, violence and threats exist, or 
are threatened among the citizens of Florida. 

(2) Whenever the governor shall promul- 
gate emergency rules and regulations, such 
rules and regulations shall be published and 
posted during the emergency in the area af- 
fected, and copies of the rules shall be filed 
with the secretary of state for public record. 

(3) The governor shall have emergency 
power to call upon the military forces of the 
state or any other law enforcement agency, 
state or county, to enforce the rules and regu- 
lations authorized by this law. 

(4) The powers herein granted are supple- 
mental to and in aid of powers now vested in 
the governor of this state under the constitu- 
tion, statutory laws and police powers of said 
state. 

(5) This section shall take effect immedi- 
ately upon its becoming a law and shall con- 
tinue in full force and effect until July 1, 1965. 

History.— M 1-4, 6, ch. 31389, 1956; (5) {1, ch. 61-239. 

14.022 Governor; emergency powers to 
quell violence. — 

(1) The governor of Florida is hereby au- 
thorized and empowered to take such measures 
and to do all and every act and thing which he 
may deem necessary in order to prevent overt 
threats of violence or violence, to the person 
or property of citizens of the state and to main- 
tain peace, tranquillity and good order in the 
state, and in any political subdivision thereof, 
and in any area of the state designated by him. 

(2) The governor when, in his opinion, the 
facts warrant, shall, by proclamation, declare 



Ch. 14 



GOVERNOR 



Ch. 14 



that, because of unlawful assemblage, violence, 
overt threats of violence, or otherwise, a 
danger exists to the person or property of any 
citizen or citizens of the state and that the 
peace and tranquillity of the state, or any 
political subdivision thereof, or any area of the 
state designated by him, is threatened, and 
because thereof an emergency, with reference 
to said threats and danger, exists. In all such 
cases when the governor shall issue his proc- 
lamation as herein provided he shall be and 
is hereby further authorized and empowered, 
to cope with said threats and danger, to order 
and direct any individual person, corporation, 
association or group of persons to do any act 
which would in his opinion prevent danger to 
life, limb or property, prevent a breach of the 
peace or he may order such individual person, 
corporation, association or group of persons to 
refrain from doing any act or thing which 
would, in his opinion, endanger life, limb, or 
property, or cause, or tend to cause, a breach 
of the peace, or endanger the peace and good 
order of society, and shall have full power by 
appropriate means to enforce such order or 
proclamation. 

(3) The governor, upon the issuance of a 
proclamation as provided for in subsection (2) 
hereof shall forthwith file the same in the of- 
fice of the secretary of state for recording, 
which proclamation shall be effective upon is- 
suance and remain in full force and effect 
until revoked by the governor, and he is here- 
by authorized and empowered to take and exer- 
cise any, either or all of the following actions, 
powers and prerogatives : 

(a) Call out the military forces of the state 
(state militia) and order and direct said forces 
to take such action as in his judgment may be 
necessary to avert the threatened danger and 
to maintain peace and good order in the partic- 
ular circumstances. 

(b) Order any sheriff or sheriffs of this 
state, pursuant to a proclamation as herein 
provided, to exercise fully the powers granted 
them, and each of them, under §30.15(7) (sup- 
press tumults, riots and unlawful assemblies 
in their counties with force and strong hand 
when necessary) and to do all things neces- 
sary to maintain peace and good order. 

(c) Order and direct the state highway 
patrol, and each and every officer thereof, to 
do and perform such acts and services as he 
may direct and in his judgment necessary in 
the circumstances to maintain peace and good 
order. 

(d) Authorize, order or direct any state, 
county, or city official to enforce the pro- 
visions of such proclamation in each and every 
and all of the courts in the state by injunction, 
mandamus, or other appropriate legal action. 

(4) The governor is hereby authorized and 
empowered to intervene in any situation where 
there exists violence, overt threats of violence 
to persons or property and take complete con- 
trol thereof to prevent violence, or to quell 
violence or any disturbance or disorder which 
threatens the peace and good order of society. 



(5) The powers herein granted are supple- 
mental to and in aid of powers now vested in 
the governor under the constitution, statutory 
laws and police powers of said state. 

(6) This law shall take effect immediately 
upon its becoming a law and shall continue in 
full force and effect until July 1, 1965. 

History.— §|l-6, ch. 31390, 1956; (6)a. by §2, ch. 61-239. 

14.03 Governor's private secretary. — The 

governor of this state may appoint and com- 
mission a fit and proper person to hold his 
office during the pleasure of the governor, as 
private secretary of the governor, and as clerk 
for the executive department, and who shall 
attend daily, during office hours, at the capitol, 
and perform such duties in the office of the 
governor as he may be directed by the governor 
to perform. 

History.— §3, ch. 3, 1845; RS 71; QS 72; RGS 86; CGL 107. 

14.05 Salary of officer upon whom duties of 
governor shall devolve. — When the powers and 
duties of governor shall devolve upon the presi- 
dent of the senate, or upon the speaker of the 
house of representatives, as provided in §19, 
Art. 4 of the constitution, the president of the 
senate or the speaker of the house of repre- 
sentatives, as the case may be, during the time 
that he shall exercise the powers and perform 
the duties of governor, as therein provided, 
shall receive the same salary as the governor 
would have received during said time. 

History.— §1, ch. 19060, 1939; CGL 1940 Supp. 108(1). 

14.051 Title of person upon whom duty of 
governor may devolve. — Whenever the duties 
of the office of governor has heretofore, or may 
hereafter, devolve upon the president of the 
senate, or upon the speaker of the house of 
representatives, he shall be deemed the gov- 
ernor of Florida and be designated and referred 
to as the governor of Florida. 

History.— §1, ch. 61-442. 

14.06 Governor authorized to employ clerical 
assistance for departments of state. — The gov- 
ernor of the state may employ clerical aid to 
work in any department of the state under the 
supervision and direction of the head of such 
department whenever in the judgment of the 
governor such additional help is necessary for 
the proper conduct of the business and affairs 
of such department, and when the same has 
become necessary by reason of the increase in 
the business of such department and was not 
foreseen and adequately provided for in the 
general appropriations bill. And the governor 
is further authorized to employ such persons 
as may be required from time to time to make 
such investigations as may, in the judgment 
of the governor, be necessary or expedient to 
efficiently conduct the affairs of the state gov- 
ernment, especially to make investigation and 
report of matters concerning taxation and fi- 
nance throughout the state. 

History.— §1, ch. 11369, 1925; CGL 109. 
cf.— 818.10 Deposit of money in the banks of the state. 

14.14 Speaker of house of representatives 
disqualified while acting as governor; who to 



Ch. 14 



GOVERNOR 



Ch. 14 



act. — Should the powers and duties of governor 
devolve upon the speaker of the house of rep- 
resentatives, pursuant to §19, Art. IV, of the 
constitution of Florida, and at such time there 
be no duly qualified speaker of the house of rep- 
resentatives, or in case of the impeachment, 
removal from office, death, resignation or ina- 
bility of the speaker of the house of representa- 
tives to discharge the powers and duties of gov- 
ernor, such powers and duties shall devolve 
upon the secretary of state. 

History.— §1, ch. 23697, 1947. 

14.15 Governor elect; inability to discharge 
duties; succession. — In the event of the death, 
resignation or inability to discharge his official 
duties of the governor-elect, the governor then 
in office shall continue until a successor is elect- 
ed and qualified as hereinafter provided. 

History.— §1, ch. 24291, 1947. 

14.16 Special election for governor. — Within 
five days after receiving notice of the death or 
disqualification of the governor-elect, the secre- 
tary of state shall order a special election to 
be held on the first Tuesday in February next 
ensuing for the purpose of electing a governor. 
Candidates shall qualify ten days prior to the 
date of such election. At said election, should 
any candidate receive a majority of the votes 
cast, he shall be declared elected governor. If 
no candidate receives a majority of votes cast, 
a further special election shall be held on the 
third Tuesday of said month. The two candi- 
dates receiving the highest votes in the first 
special election shall be placed on the ballot for 
the second election and the candidate receiving 
the highest number of votes cast at said second 
election shall be declared elected governor. 

History.— §2, ch. 24291, 1947. 

14.17 Governor; term of office. — The gover- 
nor so elected shall assume office on the first 
Tuesday in March next following his election, 
and shall hold office for the remainder of the 
term. 

History §3, ch. 24291, 1947. 



14.18 Governor; inability to discharge 
duties; succession. — In the event the person 
elected governor, pursuant to §14.16, shall die, 
resign or be unable to discharge his official 
duties, the powers and duties of governor until 
the next general election for members of the 
legislature shall devolve upon the president of 
the senate. If there be no president of the sen- 
ate or the president of the senate be unable to 
discharge such duties, such powers and duties 
shall devolve upon the speaker of the house. If 
there be no legally qualified speaker of the 
house or if the speaker of the house be unable to 
discharge such duties, the powers and duties 
shall devolve upon the secretary of state. At 
the next general election for members of the 
legislature, the governor shall be elected for 
the residue of the term and shall take office 
upon election. 

History.— §4, ch. 24291, 1947. 

14.20 Citizens advisory committee on the 
aged. — There is created a standing committee, 
to be known as the "citizens' advisory committee 
on the aged," to be composed of nine persons to 
inquire into, examine and advise the governor 
on the needs and problems of the aged residents 
of the state. Members of the said committee 
shall be appointed and selected by the governor 
on the basis of their demonstrated interest 
in the health, welfare, and happiness and the 
maintaining of adequate living standards for 
elderly persons in the state. The members of 
the said committee shall serve at the pleasure 
of the governor. The governor shall designate 
the chairman, vice-chairman and secretary of 
the said committee. The said committee shall 
be advisory in character and shall not be dele- 
gated any administrative authority or responsi- 
bility. The members of the said committee shall 
serve without compensation but shall be reim- 
bursed for traveling expenses as provided in 
§112.061. 

History |§l-5, ch. 59-263; §19, ch. 63-400. 



Ch. 15 



SECRETARY OF STATE 



Ch. 15 



CHAPTER 15 
SECRETARY OF STATE 



15.01 Residence, office and duties. 

15.02 Custodian of state flags; certain state 

papers, etc. 

15.03 Seal. 

15.031 State tree designated. 

15.04 To have charge of capitol and appur- 

tenances. 

15.05 Repairs and assignments of rooms. 

15.01 Residence, office and duties. — The 

secretary of state shall reside at the seat of 
government and shall have his office in the 
capitol, perform the duties prescribed by the 
state constitution, and have the custody of 
the constitution and great seal of this state, 
and of the original statutes thereof, and of 
the resolutions of the legislature, and of all 
the official correspondence of the governor. 
He shall keep in his office a register and an 
index of all official letters, orders, communi- 
cations, messages, documents and other offi- 
cial acts issued or received by the governor 
or himself, and record these in a book num- 
bered in chronological order. The governor, 
before issuing any order or transmission of 
any official letter, communication or document 
from the executive office or promulgation of 
any official act or proceeding (except military 
orders) shall deliver the same or a copy there- 
of to the secretary of state to be recorded. 

History — §1, ch. 1, 1845; ch. 1845, 1871; RS 73; GS 74; RGS 88; 
CGL 110; §1, Ch. 28086, 1953. 

cf.— §§16, 20, 27, Art. IV; §10, Art. XVI; §12, Art. XVHI, Const., 
1885. 

15.02 Custodian of state flags; certain state 
papers, etc. — The secretary of state shall have 
custody of the state flag, of all books, papers, 
files and documents belonging to the office of 
secretary of state and of the laws of the 
state and books, papers, journals and docu- 
ments of the legislature. He shall in addition 
to the duties prescribed by the constitution 
perform all the duties appertaining to the office 
of secretary of state not inconsistent with the 
state constitution. 

History §3, ch. 1, 1845; RGS 89; CGL 111; §2, ch. 28086, 1953. 

15.03 Seal.— 

(1) The great seal of the state shall be of 
the size of the American silver dollar, having 
in the center thereof a view of the sun's rays 
over a highland in the distance, a cocoa tree, 
a steamboat on water, and an Indian female 
scattering flowers in the foreground, encircled 
by the words "Great Seal of the State of 
Florida : In God We Trust." 

(2) The great seal of this state shall also 
be the seal of the office of the secretary of 
state, and the secretary of state may certify 
under said seal, copies of any statute, law, 
resolution, record, paper, letter or document, 
by law placed in his custody, keeping and care, 
and such certified copy shall have the same 
force and effect in evidence, as the original 
would have. 

History.— §4, ch. 1, 1845; RS 75; GS 76; RGS 90; CGL 112; (1) 
§1, ch. 29841, 1955. 
cf.— §§14 and 21, Art. IV; §12, Art. XVI, Const., 1886. 



15.06 Rooms for legislature. 

15.07 Acts and papers of the legislature to be 

deposited with the secretary of state. 

15.08 Not to issue commission until tax there- 

for is paid. 

15.09 Fees. 

15.13 Administration of certain laws. 

15.14 Biennial report. 

15.031 State tree designated. — 

(1) The sabal palmetto palm, which is also 
known as the cabbage palm, and sometimes 
as the cabbage palmetto, a tree native to 
Florida, is hereby designated as the Florida 
state tree. 

(2) Said state tree being now extensively 
used for commercial purposes, the provisions 
of this section shall not be construed to limit 
in any manner said use thereof in business, 
industry, commerce, for food, or for any other 
commercial purposes. 

History.— §§1, 2, ch. 28126, 1953. 

15.04 To have charge of capitol and ap- 
purtenances. — The secretary of state shall have 
full charge of the capitol buildings, grounds, 
including parks and vacant squares within 
the capitol center, appurtenances, fixtures and 
property belonging thereto, to be used alone 
for state purposes. 

History — §1, ch. 1882, 1870; RS 76; GS 77; RGS 91; CGL 113; 
§3, ch. 28086, 1953. 
cf.— §21, Art IV, Constitution 1885. 

§256.02 Certain officers to provide flag. 

§272.03 Board of commissioners of state institutions to su- 
pervise capitol center buildings. 

15.05 Repairs and assignments of rooms. — 

Under the direction of the board of commis- 
sioners of state institutions, the secretary of 
state shall make all alterations and repairs of 
the capitol which may be provided for by law, 
and assign their respective rooms to state of- 
ficers who are required to keep their offices in 
the capitol. 

History.— §2, ch. 1822, 1870; RS 77; GS 78; ch. 5713, 1907; RGS 
92; CGL 114. 
cf.— §§17 and 21, Art. IV, Const. 1885. 

§272.03 Board of commissioners of state institutions to su- 
pervise capitol center buildings. 

15.06 Rooms for legislature. — The secretary 
of state shall have a sufficient number of rooms 
in the capitol ready prior to each session of 
the legislature to be used as committee rooms 
for each house of the legislature. If any or 
all of said rooms shall be occupied by any 
officers or other departments when any ses- 
sion is about to be held, such officers shall, 
if necessary, procure other offices outside of 
the capitol at the expense of the state. 

History.— §§1, 2, 3, ch. 5713, 1907; RGS 93; CGL 115; §4, ch. 
28086, 1953. 

15.07 Acts and papers of the legislature to 
be deposited with the secretary of state. — All 

original acts and resolutions passed by the 
legislature, and all other original papers acted 
upon thereby, together with the journal of the 
senate, and the journal of the house of repre- 



Ch. 15 



SECRETARY OF STATE 



Ch. 15 



sentatives, shall, immediately upon the adjourn- 
ment thereof, be deposited with, and preserved 
in, the office of the secretary of state, by whom 
they shall be properly arranged, classified, and 
filed, provided that the journal of the executive 
session of the senate shall be kept free from 
inspection or disclosure except upon the order 
of the senate itself or some court of competent 
jurisdiction. 

History — §1, ch. 1904, 1872; RS 78; GS 79; §10, ch. 7838, 1919; 
RGS 94; CGL 116; §7, ch. 24337, 1947. 
cf.— §21, Art. IV, Const., 1885. 

15.08 Not to issue commission until tax 
therefor is paid. — The secretary of state is 
prohibited from affixing his signature and the 
seal of the state to the commission of any pub- 
lic officer until such officer has paid the amount 
of the tax required to be paid by said officer 
for the commission. 

History §1, ch. 1938, 1873; RS 79; GS 80; RGS 95; CGL 117; 

§5, ch. 28086, 1953. 

cf.— §§15.09, 113.01 Commission fees. 

15.09 Fees. — The fees except as provided by 
law to be collected by the secretary of state 
are: Search of papers or records, one dollar; 
certificate with seal, two dollars; furnishing 
statistical information and for copying any 
document not mentioned, fifty cents per page 
or fraction thereof. For certifying copy of a 
corporation charter, three dollars unless char- 
ter is more than eight pages; if more than 
eight pages the fee shall be three dollars, plus 
fifty cents per page for each page over eight; 



provided where a copy is furnished and needs 
only to be verified and certified the fee shall 
be a total of three dollars. All fees arising 
from certificates of election or appointment to 
office and from commissions to officers shall 
be paid to the state treasurer for deposit in 
the general revenue fund. 

History.— §1, ch. 2089, 1877; RS 80; GS 81; RGS 96; CGL 118; 
§6, ch. 28086, 1953; §2, ch. 29841, 1955. 
cf.— §111.03, Accounting for fees. 
§609.02, Declaration of trust. 
§§47.32, 47.42, Service of process upon non-resident. Ch. 120 

Administrative procedure act. 
§§15.08, 113.01 Commission fees. 

15.13 Administration of certain laws. — The 

secretary of state shall have general super- 
vision and administration of the election laws, 
corporation laws and such other laws as are 
placed under his office by the legislature and 
shall keep records of same. 

History. — Comp. §7, ch. 28086, 1953. 

15.14 Biennial report. — The secretary of 
state shall not publish a report of the persons 
commissioned as a notary public. The biennial 
report the constitution requires to be made by 
the secretary of state shall be furnished upon 
request to all members of the legislature, all 
officials of the executive branch and all officials 
of the judicial branch of the state without 
charge. The expense of printing such report 
shall be paid from moneys appropriated to the 
secretary of state for the operation of his office. 

History.— §8, ch. 28086, 1953; §1, ch. 61-201. 






Ch. 16 



ATTORNEY GENERAL 



Ch. 16 



CHAPTER 16 
ATTORNEY GENERAL 



Residence, office and duties of attorney 

general. 
Appointment of person to act in case of 

disability of attorney general. 
To report on laws. 

Not to receive fee for defending offender. 
To have superintendence and direction of 

state attorneys. 
To prescribe regulations as to the reports 

of state attorneys. 
To receive supreme court reports for 

office. 
Florida Statutes, 1963, adopted. 
Statutes repealed. 
Laws or statutes not repealed. 
1963 statutes not repealed. 
Rights reserved under repealed statutes. 
When statutes effective. 



16.01 

16.02 

16.05 
16.07 
16.08 

16.09 

16.10 

16.19 
16.20 
16.21 
16.22 
16.23 
16.24 

16.01 Residence, office and duties of attor- 
ney general. — The attorney general shall re- 
side at the seat of government, and shall keep 
his office in a room in the capitol ; he shall per- 
form the duties prescribed by the constitution 
of this state, and also perform such other du- 
ties appropriate to his office, as may from time 
to time be required of him by law, or by reso- 
lution of the legislature; he shall, on the writ- 
ten requisition of the governor, secretary of 
state, treasurer, or comptroller, give his official 
opinion and legal advice in writing on any mat- 
ter touching their official duties; he shall ap- 
pear in and attend to in behalf of the state, 
all suits or prosecutions, civil or criminal, or 
in equity, in which the state may be a party, 
or in any wise interested, in the supreme court 
and district courts of appeal of this state; he 
shall appear in and attend to such suits or 
prosecutions in any other of the courts of this 
state, or in any courts of any other state, or of 
the United States; he shall have and perform 
all powers and duties incident or usual to 
such office, and he shall make and keep in his 
office a record of all his official acts and proceed- 
ings, containing copies of all his official opin- 
ions, reports and correspondence, and also keep 
and preserve in his office all official letters and 
communications to him, and cause a registry 
and index thereof to be made and kept, all of 
which official papers and records shall be sub- 
ject to the inspection of the governor of the 
state, and to the disposition of the legislature 
by act or resolution thereof. 

History.— §2, ch. 2, 1845; ch. 1845, 1871; RS 85; GS 87; RGS 
101; CGL 125; S7, ch. 22858, 1945; §7, ch. 68-1. 
cf.— 1§20, 22, 27, Art. IV; 810, Art. XVI, Const., 1885. 

16.02 Appointment of person to act in case 
of disability of attorney general. — In case of 
the disability of the attorney general to per- 
form any official duty devolving on him, by rea- 
son of interest or otherwise, the governor or 
attorney general of this state may appoint an- 
other person to perform such duty in his stead. 

History.— §3, ch. 2, 1845; RS 85a; GS 88; RGS 102; CGI. 128. 

16.05 To report on laws. — The attorney gen- 



16.27 
16.43 



16.44 



16.46 



16.47 

16.48 

16.50 

16.501 

16.51 

16.52 



Conflict of laws. 

Permanent statutory revision, legislative 
drafting and reference department 
created. 

Powers, duties and functions of the at- 
torney general in the statutory re- 
vision department. 

Publishing Florida Statutes; price, sale; 
revolving trust fund; disposal of ob- 
solete statutes. 

Type and plates used in printing. 

Departmental appropriation. 

Copyrights. 

Distribution of free copies. 

Legislative advisory committee. 

Participation in preserving constitution- 
al integrity of state. 



eral shall make a written report to the gover- 
nor five days before the first day of every ses- 
sion of the legislature, as to the effect and 
operation of the acts of the last previous ses- 
sion, the decisions of the courts thereon, and 
referring to the previous legislation on the sub- 
ject, with such suggestions as in his opinion 
the public interest may demand, which report 
shall be laid before the legislature by the gov- 
ernor with his first message. 

History.— §5, ch. 2, 1845; RS 88; GS 01; RGS 105; CGL 129. 

16.07 Not to receive fee for defending of- 
fender. — It shall be a misdemeanor in office 
for the attorney general to take or receive 
any fee for defending any supposed offender 
in any of the courts. 

History.— $6, ch. 2, 1845; RS 89; GS 92; RGS 106; CGL 130. 

16.08 To have superintendence and direc- 
tion of state attorneys. — The attorney general 
shall exercise a general superintendence and 
direction over the several state attorneys of 
the several circuits as to the manner of dis- 
charging their respective duties, and whenever 
requested by the state attorneys, shall give 
them his opinion upon any question of law. 

History.— 11, ch. 2098, 1877; RS 90; GS 93; RGS 107; CGL 131. 

16.09 To prescribe regulations as to the re- 
ports of state attorneys. — The attorney general 
shall prescribe the time and manner in which 
regular quarterly reports shall be made to him 
by state attorneys, and they shall comply with 
his instructions in this respect. 

History.— S3, ch. 2098, 1877; RS 91; GS 94; RGS 108; CGL 132. 

16.10 To receive supreme court reports for 
office. — The clerk of the supreme court shall 
deliver to the attorney general a copy of each 
volume, or part of volume, of the decisions of 
the supreme court, which may be in the care 
or custody of said clerk, and which the attor- 
ney general's office may be without, and take 
the attorney general's receipt for the same. 
The attorney general shall keep the same in 
his office at the capitol, and each retiring at- 
torney general shall take the receipt of his 
successor for the same and file such receipt 



Ch. 16 



ATTORNEY GENERAL 



Ch. 16 



in the treasurer's office; provided that this 
shall not authorize the taking away of any 
book belonging to the supreme court library, 
kept for the use of said court. 

History — Ch. 3264, 1881; RS 92; GS 95; RGS 109; CGL 133. 

16.19 Florida Statutes, 1963, adopted.— The 

accompanying revision, consolidation and com- 
pilation of the public statutes of 1961 of a 
general and permanent nature, excepting tables, 
rules, index and other related matter contained 
therein, prepared by the statutory revision 
department of the attorney general's office under 
the provisions of §16.44, together with the cor- 
rections, changes, amendments and repeals, is 
adopted and enacted as the official statute law 
of the state under the title of "Florida Statutes, 
1963," which may be cited as "Florida Statutes, 
1963," "Florida Statutes," or "F.S. '63." 

History.— 81, ch. 20719, 1941; §1, ch. 22000, 1943; II, ch. 22858, 
1945; |1, Ch. 24337, 1947; §1, ch. 25035, 1949; §1, ch. 26484, 1951; 
|1, ch. 27991, 1953; §1, ch. 29615, 1955; fl, ch. 57-1; |1, ch. 69-1; 

81, ch. 61-1; 81, ch. 63-2. 

16.20 Statutes repealed. — Every statute of a 
general and permanent nature enacted by the 
state or by the territory of Florida, and every 
part of such statute not included in Florida 
Statutes, 1963, as adopted by §16.19, as amended 
or recognized and continued in force by ref- 
erence therein or in §§16.21 and 16.22, as 
amended, is repealed. 

History.— 82, ch. 20719, 1941; §2, ch. 22000, 1943; §2, ch. 22858, 
1945; §2, ch. 24337, 1947; 82, ch. 25035, 1949; 82, ch. 26484, 1951; 

82, ch. 27991, 1953; 82, ch. 29615, 1955; 82. ch. 57-1; 82, ch. 69-1; 
82, ch. 61-1; 82, ch. 63-2. 

16.21 Laws or statutes not repealed. — 

(1) No special or local statute, or statute, 
local, limited or special in its nature, shall be 
repealed by the Florida Statutes, now or here- 
after adopted, and, for the purpose of this sav- 
ing from repeal any statute of the following 
classes shall be taken to be included in such 
exception, namely: 

(a) Any statutes for or concerning only a 
certain county or certain designated counties. 

(b) Any statute for, or concerning or oper- 
ative in only a portion of the state. 

(c) Any statute for or concerning only a 
certain municipal corporation. 

(d) Any statute for or concerning only a 
designated individual corporation or corpora- 
tions. 

(e) Any statute incorporating a designated 
individual corporation, or making a grant there- 
to. 

(f) Any statute of such limited or local ap- 
plication as makes its inclusion in a general 
statute impracticable or undesirable. 

(g) Road designated laws. 

(h) Severability section in any law. 

(2) The foregoing enumeration of classes of 
statutes not repealed shall not be construed 
to imply a repeal of other statutes which are 
local, limited or special in their nature. 

History.— 83, ch. 20719, 1941; am. 83, ch. 22000, 1943; S3, ch. 
22858, 1945; S3, ch. 24337, 1947; S3, ch. 25036, 1949; (1) S3, ch. 
26484, 1951; 83, Ch. 27991, 1953; (1) (h) S3, Ch. 69-1. 

16.22 1963 statutes not repealed. — Statutes 
enacted at the 1962 and 1963 extraordinary or 



special sessions of the legislature and at the 
1963 regular session of the legislature are not 
repealed by the adoption and enactment of the 
Florida Statutes, 1963, by §16.19, as amended, 
but shall have full effect as if enacted after its 
said adoption and enactment, except those laws 
passed during the 1962 and 1963 extraordinary 
or special sessions and at the said 1963 regular 
session which are amendatory of laws omitted 
from said Florida Statutes. 

History.— 84, Ch. 20719, 1941; 84, ch. 22000, 1943; 84, ch. 22858, 
1945; §4, ch. 24337, 1947; $4, ch. 25035, 1949; $4, ch. 26484, 1951; 
§4, ch. 27991, 1953; 83, ch. 29615, 1955; S3, ch. 67-1; 81, ch. 57- 
233; 84, ch. 59-1; S3, ch. 61-1; S3, ch. 63-2. 

16.23 Rights reserved under repealed stat- 
utes. — The repeal of any statute by the adoption 
and enactment of Florida Statutes, 1963, by 
§16.19, as amended, shall not affect any right 
accrued before such repeal, nor any civil remedy 
where a suit is pending. 

History.— 85, ch. 20719, 1941; 85, ch. 22000, 1943; 85, ch. 22858, 
1945; 85, ch. 24337, 1947; 85, ch. 25035, 1949; 85, ch. 26484, 1951; 
85, ch. 27991, 1953; S4, ch. 29615, 1955; 84, ch. 57-1; 85, ch. 59-1; 
84, ch. 61-1; 84, ch. 63-2. 

16.24 When statutes effective.— The Flor- 
ida Statutes, 1963, shall take effect immediately 
upon its adoption at the 1963 session of the 
legislature. Until the publication of the Flor- 
ida Statutes, 1963, incorporating the changes 
adopted as provided in §16.19, the Florida 
Statutes, 1961, shall be prima facie evidence of 
said statutes. 

History 86, ch. 20719, 1941; 86, ch. 25035, 1949; 86, ch. 26484, 

1951; 86, ch. 27991, 1953; 85, ch. 29615, 1955; S5, ch. 57-1; 86, ch. 
59-1; 85, ch. 61-1; 85, ch. 63-2. 

16.27 Conflict of laws. — If any section in 
the civil part of the Florida Statutes, creating 
a crime or prescribing a punishment, conflicts 
with any section in the part relating to crimes, 
the latter shall prevail. 

History.— 89, ch. 20719, 1941; 87, ch. 25035, 1949; 87, ch. 26484, 
1951. 

16.43 Permanent statutory revision, legisla- 
tive drafting and reference department created. 

— There is created a permanent statutory revi- 
sion plan, and a legislative drafting service of 
this state, designated as the "statutory revision 
department," which department shall be under 
the supervision and control of the attorney gen- 
eral. In connection with the operation of this 
department, the attorney general shall select a 
duly qualified person and fix his compensation, 
who shall be designated as an assistant attorney 
general and have the direct supervision and 
control of the said department. The said di- 
rector, with the advice of the said attorney gen- 
eral, shall select and employ the operating per- 
sonnel of the said department and fix their 
compensation. 

History.— 81, ch. 22012, 1943; 81, ch. 25034, 1949. 

16.44 Powers, duties and functions of the 
attorney general in the statutory revision de- 
partment. — The powers, duties and functions 
of the attorney general in the control and main- 
tenance of the permanent statutory revision 
department shall be as follows : 

(1) To conduct a systematic and continuing 
study of the statutes and laws of this state for 
the purpose of reducing their number and bulk, 



Ch. 16 



ATTORNEY GENERAL 



Ch. 16 



removing inconsistencies, redundancies and un- 
necessary repetitions and otherwise improve 
their clarity; and to facilitate their correct and 
proper interpretation; and for the same pur- 
pose to prepare and submit to each regular ses- 
sion of the legislature reviser's bills, and bills 
for the amendment, consolidation, revision, 
repeal or other alterations or change in any 
general statute or laws or parts thereof of a 
general nature and application of the preceding 
session or sessions which may appear to be 
subject to revision. Any revision either com- 
plete, partial or topical, prepared for submis- 
sion to the legislature, shall be accompanied 
by revision and history notes relating to the 
same, showing the changes made therein, and 
the reason for such recommended change. 

(2) To carry on the arrangements and iden- 
tification of the general statutes and laws of 
the state, as adopted in the Florida Statutes, 
and the contents of the same, by adding there- 
to, in the future and in proper place, all new 
matter belonging therein; this new material 
to be compiled, revised and republished bien- 
nially in continuation of the present systems, 
matters, tables and other material as contained 
in the Florida Statutes. 

(3) Eeviser's bills shall not deal with nor 
carry forward into the Florida Statutes, any 
statute of any of the following classes, namely : 

(a) Statutes relating to, for or concerning 
only one or more counties or parts thereof, ex- 
cept in cases where the subject matter of the 
statute relates to the creation or jurisdiction of 
state or county courts ; 

(b) Statutes relating to, for or concerning 
and operative in only a portion of the state, 
except in cases where the subject matter of the 
statute relates to the creation or jurisdiction of 
state or county courts ; 

(c) Statutes relating to, for or concerning 
only a certain municipal corporation; 

(d) Statutes relating to, for or concerning 
only one or more designated individuals or cor- 
porations ; 

(e) Statutes incorporating a designated in- 
dividual corporation or making a grant thereto ; 

(f ) Road designation laws. 

(4) To make complete biennial revision of 
the general statutes and laws of the state, to 
conform with the numbering system, style, 
contents and other characteristics of the Flor- 
ida Statutes, provided, such new revision shall 

be known as "Florida Statutes, 19 ," 

showing the year of its enactment. 

(5) The published edition of the Florida 
Statutes, shall contain the following: 

(a) The Florida Statutes, as adopted and 
enacted, together with the laws of a general 
nature enacted at any current session of the 
legislature and directed to be embodied in said 
edition. 

(b) The Florida Constitution. 

(c) Complete indexes of all the material in 
the volume. 

(d) Such other matters, notes, data, and 
other material as may be deemed necessary or 



admissible by the statutory revision department 
for reference, convenience or interpretation. 

(6) In carrying on the work of the statu- 
tory revision department and in preparing the 
Florida Statutes for publication : 

(a) The Florida Statutes shall be continued 
in the form as adopted herein. 

(b) All amendments made to any section 
or chapter, or any part thereof, of the Florida 
Statutes or session laws of this state by any 
current session of the legislature, wherever 
such amendments in express terms refer to 
sections or chapters of said statutes or session 
laws, shall be incorporated with the body of 
the text of the Florida Statutes. 

(c) All sections, chapters or titles of the 
Florida Statutes or session laws of this state 
which are expressly repealed by any current 
session of the legislature shall be omitted. 

(d) All laws of a general and permanent 
nature which are of general application 
throughout the state enacted by any current 
session of the legislature shall be compiled 
and included, assigning thereto in all appro- 
priate places, such chapter and section identi- 
fication, by the decimal system of numbering 
heretofore embodied in the Florida Statutes, 
as is appropriate and proper, but all chapters 
and sections bo compiled shall be indicated 
with a history note, clearly showing that said 
section or chapter was not a part of the re- 
vision at the time of its adoption and identi- 
fying such material by the abbreviation 
"comp." giving the proper legislative session 
law chapter and section number. The matter 
included under the authority of this subsec- 
tion shall be incorporated as enacted in any 
current session and shall be prima facie evi- 
dence of such law in all courts of the state. 

(e) Any two or more sections, chapters or 
laws, or parts thereof, may be consolidated ; 

(f) Any section, chapter or law, or part 
thereof, may be transferred from one location 
to another; 

(g) The form or arrangement of any section, 
chapter or law, or part thereof, may be altered 
or changed by transferring, combining or divid- 
ing the same ; 

(h) Subsections, sections, chapters and 
titles may be renumbered and reference thereto 
may be changed to agree with such renumber- 
ing; 

(i) Grammatical, typographical and like er- 
rors may be corrected and additions, alterations 
and omissions, not affecting the construction or 
meaning of the statute or laws, may be freely 
made; 

(j) All statutes and laws, or parts thereof, 
which have expired, become obsolete, been held 
invalid by a court of last resort, have had their 
effect or have served their purpose, or which 
have been repealed or superseded, either ex- 
pressly or by implication, shall be omitted: 

(k) All statutes and laws general in form 
but of such local or limited application as to 
make their inclusion in the Florida Statutes or 
any revision or supplement thereof, imprac- 
ticable, undesirable or unnecessary shall be 



Ch. 16 



ATTORNEY GENERAL 



Ch. 16 



omitted therefrom, without effecting a repeal 
thereof; 

(1) All things relating to form, position, 
order or arrangement of the revision, not in- 
consistent with the Florida Statutes system, 
which may be found desirable or necessary for 
the improvement, betterment or perfection of 
same, may be done. 

(7) (a) To award contracts, from time to 
time, for setting type, for meshing existing type 
with new or existing type, for editorial work in 
the preparation of copy and other necessary 
material, for printing and binding, and pay 
expenses only of members of revision commit- 
tees appointed by the attorney general to assist 
in revision of whole titles or chapters and pay 
for such other things as are authorized to be 
done and performed by the statutory revision 
department under the laws of this state. 

(b) Contracts for printing and binding of 
any volume of the Florida Statutes shall only 
be awarded to the lowest and best responsible 
bidders who are equipped and qualified to do 
such printing and binding upon bids submitted 
pursuant to not less than twenty-eight days' 
notice thereof in one or more newspapers pub- 
lished in this state as denned by chapter 49. 

(c) Each such bid for printing and binding 
shall be accompanied by a certified check, in an 
amount to be fixed by the statutory revision de- 
partment but not less than five hundred dollars, 
to evidence the good faith of the bidder. 

(d) The successful bidder shall be required 
to post a good and sufficient bond, in such sum 
as the statutory revision department may fix, 
to guarantee the prompt and faithful perform- 
ance of the obligations under the said bid and 
contract made pursuant thereto. 

(e) The contract for printing and binding 
aforesaid shall contain a provision that only the 
number of copies therein specified will be 
printed and that all copies printed will be de- 
livered to the secretary of state. 

(f) The contract may contain such other 
and further provisions as may be deemed neces- 
sary or proper by the statutory revision depart- 
ment to insure prompt, speedy and efficient 
execution of the said printing and binding. 

(g) Publication of notices of intention to 
award contracts for work or services other than 
printing and binding aforesaid, is not required. 

(8) To maintain a bill drafting depart- 
ment for the benefit of the members of the 
legislature and the state officials, boards and 
agencies. 

(9) To exchange Florida Statutes, and other 
available publications, with the officers, boards 
and agencies of other states and of the United 
States. 

(10) To prepare alphabetical indexes for the 
journals of the legislature and in this connec- 
tion to employ competent indexers, who shall be 
attaches of the legislature to be paid as other 
attaches are paid. 

(11) To exercise all other powers, duties and 
functions necessary or convenient for properly 
carrying out the provisions of this law and all 



other laws relating to the statutory revision 
department. 

History.— §2, ch. 22012, 1943; §2, ch. 25034, 1949; §7, ch. 27991, 
1953; §6, ch. 29615, 1955; (7), (8) r. and subsequent subsections 
renumbered by §12, ch. 59-1; (5) (c) r. and (9)a. |1, ch. 63-517. 
cf. — §11-14 Compensation of officers and attaches. 

16.46 Publishing Florida Statutes; price, 
sale; revolving trust fund; disposal of obsolete 

statutes. — 

(1) The statutory revision department shall 
continue the statutory revision system hereto- 
fore adopted in this state and shall bring the 
general acts of the legislature within the revi- 
sion system, as promptly after the adjournment 
of the legislative session as possible. 

All continuing and supplementary work 
contemplated in this chapter to be done by the 
statutory revision department shall include, 
operate upon and apply to new and additional 
matter belonging thereto from whatever source 
the same may originate and come, all new 
material to be issued following the regular 
legislative sessions of the legislature; pro- 
vided, however, that reviser's bills shall be 
prepared for introduction in each convening 
regular session of the legislature. 

(2) All Florida Statutes shall be delivered 
by the printer to the secretary of state, who 
shall distribute copies to state agencies and 
personnel as provided by law, and sell to pur- 
chasers at a price to be fixed by the statu- 
tory revision department upon the basis of 
actual cost per set for printing and binding, 
plus twenty per cent and plus postage costs. 
Any officially approved law school book store 
at any law school in Florida may purchase 
sets of the Florida Statutes from the secretary 
of state at cost for resale, provided that pur- 
chase of statutes for resale shall not exceed two 
hundred sets. All volumes shall be sold at the 
established state price. 

(3) All moneys collected by the secretary 
of state from such sales shall be deposited in a 
revolving trust fund which shall be established 
by the comptroller for the purpose of paying the 
printers' contract cost for the preparation and 
publication of the statutes and cost of pack- 
aging and postage for mailing, and for 
contract costs of other legal indexes and 
publications prepared by the statutory revi- 
sion department as required. Any payment 
on a contract entered into as provided in 
§16.44 from this fund shall be requested by 
the director of the statutory revision depart- 
ment approved by the attorney general and the 
request for payment approved by the budget 
commission. 

(4) All moneys received for the sale of 
other books printed by the attorney general and 
paid for out of the revolving trust fund shall 
be deposited back in this fund. Free distribu- 
tion of legal matter shall be determined by the 
attorney general based upon need and circum- 
stances. 

(5) The balance of money in the revolving 
trust fund at the beginning of each biennium 
shall not be in excess of seventy-five thousand 
dollars. Any excess of the balance shall be 



Ch. 16 



ATTORNEY GENERAL 



Ch. 16 



transferred to the general revenue fund. An 
amount sufficient to bring the revolving trust 
fund up to seventy-five thousand dollars is ap- 
propriated and shall be transferred from the 
general revenue fund for the purposes set forth 
in this section. 

(6) The secretary of state is directed to 
take inventory of obsolete statutes in his cus- 
tody upon delivery of the latest official 
statutes following each regular legislative year 
and is authorized to destroy obsolete volumes 
in his possession reserving only five sets for 
reference. 

History.— §4, ch. 22012, 1943; 84, ch. 25034, 1949; §8, ch. 27991, 
1953; |1, ch. 29675, 1955; (2) fl, ch. 57-793; (5) 86, ch. 57-1; 
(3)-(5) 82, ch. 61-119; (5) §1, ch. 61-532; (2) 82, ch. 63-517. 

16.47 Type and plates used in printing. — 

(1) All type and plates used in printing 
contracted for under the authority of this law 
shall become the property of this state and shall 
be preserved by the original caster, and stored 
in set-up form at the expense of such original 
caster to be insured by said caster against the 
hazards described in subsection (3) of this sec- 
tion and thereafter so insured by any printer 
using the same; and shall be at all times subject 
to the order and control of the statutory re- 
vision department, as long as such original 
caster or subsequent printer has the possession 
thereof; provided, however, that the statutory 
revision department may dispose of any such 
type when in its opinion advisable for lack of 
further practical use. 

(2) All such type shall be available for use 
in making plates for printing by the state, its 
officers, departments and agencies ; provided, 
that such use shall be done under the super- 
vision of the statutory revision department for 
the purpose of regulating and controlling the 
same. The statutory revision department may 
withhold the use of its type and plates from 
other state departments when in its opinion the 
good quality of same will be deteriorated as a 
consequence thereof. 

(3) The statutory revision department shall 
not permit such type and plates to remain in the 
custody of any printer for storage, except for a 
reasonable time, but shall keep the same in 
storage in a safe and suitable place at Talla- 
hassee, insured against loss by fire, breakage 
or theft, and no department of the state govern- 
ment shall be permitted the use of same except 
upon conditions requiring it to transport the 
type or plates at its own expense, and to keep 
same insured against the losses aforesaid, while 
away from the regular state storage, and agree- 
ment to return the same to such regular state 
storage immediately after its use by said 
department. 

History 86, ch. 22012, 1943; §5, ch. 25034, 1949. 

16.48 Departmental appropriation. — A de- 
partmental appropriation shall be biennially 
appropriated by the legislature sufficient to pay 
for editing, revising, printing, publishing, bind- 
ing, selling and distributing of the statutes and 
for other publications, prepared by the statu- 
tory revision department and published, and 



for the carrying out of the duties to be done by 
or under the direction of the statutory revision 
department, and all expenses in connection 
therewith, required or authorized from time to 
time, including regular salaries and necessary 
and regular expenses of the statutory revision 
department. 

All sums received from the sale of such pub- 
lications shall be paid into the general revenue 
fund of the state and shall become a part 
thereof. 



History 86, ch. 22012, 1943; 

1947; §2, ch. 26869, 1951. 



ch. 22768, 1945; §7, ch. 24337, 



16.50 Copyrights. — The statutory revision 
department shall have copyrighted, on behalf 
of the state, all editions of Florida Statutes and 
supplementary matter thereto. The use of such 
copyright material or data for publication by 
private persons, firms or corporations may be 
authorized by the statutory revision department 
only in event proper and adequate compensa- 
tion is secured to the state, and upon such 
terms and contracts as are recommended to and 
approved by the attorney general. All revenue 
derived from this source shall be paid into and 
become a part of the general revenue fund of 
the state. 



History.— 8 

1953. 



Ch. 22012, 1943; 87, Ch. 25034, 1949; 



Ch. 27991, 



16.501 Distribution of free copies. — Copies 
of Florida Statutes and any supplementary mat- 
ter thereto shall be furnished free only to the 
officials specifically designated. 

(1) One set to: 

(a) Each justice of the Florida supreme 
court; each judge of the district court of ap- 
peals; each judge of the circuit court; each 
judge of a criminal or a civil court of record; 
each judge of a county court or county judge's 
court; each judge of a separate juvenile court. 

(b) Each justice of the supreme court of the 
United States; each judge of the fifth circuit 
court of appeals of the United States; each 
federal district judge residing within the state; 
the attorney general of the United States ; each 
United States district attorney and assistant 
within the state; each Florida senator and rep- 
resentative in congress. 

(c) Each prosecuting attorney and assistant 
in the circuit courts and courts of record ; each 
prosecuting attorney in the county court; the 
clerk of the circuit court; the sheriff, the asses- 
sor of taxes, the tax collector, the superintend- 
ent of public instruction, and the supervisor of 
registration in each county. 

(d) One set to each member of the senate 
and house of representatives. 

(2) Sets of the Florida Statutes may be 
requisitioned as needed for official use: 

(a) By the governor, the several cabinet 
officers of the state, by the legislative council 
for staff members, the statutory revision de- 
partment for staff members, any board, bureau 
or commission under the jurisdiction of the gov- 
ernor or the cabinet, as required for the chief 
executive officers or department directors and 
attorneys in such offices, and one set to the 



Ch. 16 



ATTORNEY GENERAL 



Ch. 18 



executive officer of any board, bureau, commis- 
sion, institution or agency created by law. 
(b) By the supreme court library, and one 
set to the general library of each state sup- 
ported university or junior college. 

(3) Copies to the law libraries respectively, 
of Florida agricultural and mechanical univer- 
sity for negroes, Stetson university, the univer- 
sity of Florida and the university of Miami 
heretofore designated a state depository by 
§283.23, upon requisition by the dean of the 
law college computed on the basis of one set 
for every ten students enrolled, during the pre- 
vious school year, based upon the average en- 
rollment as certified by the registrar. 

(4) Copies, not exceeding one copy for each 
member of the faculty of the law colleges re- 
spectively, of Florida agricultural and mechani- 
cal university for negroes, Stetson university, 
the university of Florida, and the university of 
Miami as requisitioned by the dean of the law 
college. 

History.— §1, cb. 29736, 1955; Intro, para., (1), (2), S3, ch. 63- 
517. 

16.51 Legislative advisory committee. — 

There shall be a joint legislative revision com- 
mittee appointed by the president of the senate 
and the speaker of the house respectively for 
each regular session of the legislature, com- 
posed of four members from the senate and 
four members from the house of representa- 
tives. This committee shall assist the attorney 
general and work with the statutory revision 
department, in an advisory capacity, during 
each session of the legislature and between the 
regular sessions thereof, relative to the work 
of statutory revision and legislative drafting 
and the committee shall be reimbursed for trav- 
eling expenses as provided in §112.061. 

History.— §9, ch. 22012, 1943; S3, ch. 26869, 1951; §19, ch. 63- 
400. 

16.52 Participation in preserving constitu- 
tional integrity of state. — 

(1) In order to provide for independent ac- 



tion and co-operative participation by the state 
in a program of concerted action among the 
states, and independent procedure to oppose 
any existing or proposed federal legislative en- 
croachments upon constitutional state powers, 
it is hereby made a duty of the attorney gen- 
eral of this state to make a study of federal 
legislation — existing and proposed — to deter- 
mine whether such legislation has resulted, or 
may result, in objectionable or harmful en- 
croachments upon the constitutional integrity 
of state governments, and with due regard to 
this state's full contribution to the national war 
effort, in cooperation with the attorneys gen- 
eral of other states, or alone, to pursue that 
course best calculated in his opinion, to pre- 
serve and safeguard the constitutional state 
powers of the government of this state. He 
shall furnish to each of the several representa- 
tives in the congress from this state, a written 
statement giving the reasons for any action 
being considered, or about to be taken here- 
under at the time ; and if possible, shall procure 
the assistance of such representatives therein 
and therefor. 

(2) It shall be the duty of the attorney gen- 
eral of this state to render opinions to the rep- 
resentatives in congress from this state, on any 
question arising within the scope of the sub- 
ject matter of this act. 

(3) In performing the duties imposed upon 
him under the provisions of this section, the at- 
torney general is hereby authorized to employ 
therefor the services of the council of state 
governments, a national conference organiza- 
tion, or its successors in name or organization, 
or any other similar organization, in such man- 
ner not inconsistent with the powers and duties 
of his office, as he may deem desirable; pro- 
vided, that the cost of such employment, if any, 
shall be paid from the attorney general's neces- 
sary and regular appropriation. 

History— §§1-3, ch. 21679, 1943. 



Ch. 17 



COMPTROLLER 



Ch. 17 



CHAPTER 17 
COMPTROLLER 



17.01 The comptroller to give bond. 

17.02 Place of residence and office. 

17.03 To audit claims against the state. 

17.04 To audit and adjust accounts of officers 

and those indebted to the state. 
17.041 County and district accounts and claims. 

17.05 May examine under oath parties and 

privies to accounts. 

17.06 Disallowed items and accounts. 

17.08 Accounts, etc., on which warrants 

drawn, to be hied. 

17.09 Application for warrants for salaries. 

17.10 Record of warrants paid. 

17.11 To report warrants paid. 

17.12 Authorized to issue warrants to tax col- 

lector or sheriff for payment. 

17.13 To duplicate warrants lost or destroyed. 

17.01 The comptroller to give bond. — The 

comptroller of the state shall, before he enters 
upon the discharge of the duties of his office, 
give bond with at least four good and sufficient 
securities, payable to the state, in the penal sum 
of five thousand dollars, conditioned for the 
faithful discharge of all the duties of the said 
office; and said bond, before accepted shall be 
approved by the attorney general and also by 
the governor of the state, and filed and re- 
corded when accepted in the office of the secre- 
tary of state. 

History.— §1, cb. 8, 1845; RS 93; GS 97; ROS 110; COL 
140. 
cf.— §282.01, Salary. 

§113.07 Bonds of officials. 

17.02 Place of residence and office. — The 

comptroller shall reside at the seat of govern- 
ment of this state, and shall hold his office in 
a room in the capitol. 

History §2, ch. 8, 1845; ch. 1845, 1871; RS 94; GS 98; RGS 

111; CGL 141. 

17.03 To audit claims against the state. — The 

comptroller of this state shall examine, audit, 
and settle all accounts, claims and demands, 
whatsoever, against the state, arising under 
any law or resolution of the legislature, and is- 
sue his warrant to the treasurer directing him 
to pay out of the state treasury such amount as 
shall be allowed by said comptroller thereon. 

History §1, ch. 146, 1848; RS 95; GS 99; RGS 112; CGL 142. 

cf. — §17.20 To charge state attorneys with claims. 

§27.08 et seq. Surrender of papers, etc. to successor. 
§240.093 Board of Control, delinquent accounts. 

17.04 To audit and adjust accounts of of- 
ficers and those indebted to the state. — The 

comptroller of this state shall examine, audit, 
adjust and settle the accounts of all the officers 
of this state, and any other person in any wise 
intrusted with, or who may have received any 
property, funds or moneys of this state, or who 
may be in any wise indebted or accountable to 
this state for any property, funds or moneys, 
and require such officer, or persons to render 
full accounts thereof, and to yield up such 
property or funds according to law, or pay such 
moneys into the treasury of this state, or to 
such officer or agent of the state as may be 



17.14 To prescribe forms. 

17.16 Seal. 

17.17 Examination by governor and report. 

17.18 Statement of defaulters. 

17.19 Duty to examine as to the sufficiency of 

bonds of state officers. 

17.20 To charge state attorneys with claims in 

their hands. 

17.21 Not to allow any claim of state attorney 

against state until report made. 

17.22 To notify attorney general of forward- 

ing claim to state attorney. 

17.25 May certify copies. 

17.26 Cancellation of state warrants not pre- 

sented within one year. 

17.27 Microfilming and destroying records and 

correspondence. 

appointed to receive the same, and on failure so 
to do, to cause to be instituted and prosecuted 
proceedings, criminal or civil, at law or in 
equity, against such persons, according to law. 

History.— §4, ch. 8, 1845; RS 96; GS 100; RGS 113; CGL 143. 
cf. — Ch. 21 State Auditing Department. 
§1.01, Definition of "person." 
§116.03, Pee officers to report to. 
§128.05, County financial statements and reports. 
§167.61, Municipal taxes and finances. 
§658.07, et seq., Banks and trust companies examination. 
§657.06, Credit unions, examination. 
§665.08, et seq., Building and loan ass'n, examination. 
§939.13, Costs against state in criminal cases. 
§23, Art. IV, Const., 1885. 

17.041 County and district accounts and 
claims. — 

(1) It shall be the duty of the comptroller 
of this state to adjust and settle, or cause to be 
adjusted and settled, all accounts and claims 
heretofore or hereafter certified to him by the 
state auditor, against all county and district 
officers and employees, and other persons, firms 
and corporations, entrusted with, or who may 
have received any property, funds or moneys of 
a county or district, or may be in any wise 
indebted to or accountable to a county or dis- 
trict for any property, funds, moneys or other 
thing of value, and to require such officer, em- 
ployee, person, firm or corporation to render 
full accounts thereof, and to yield up such prop- 
erty, funds, moneys or other thing of value 
according to law to the officer or authority en- 
titled by law to receive the same. 

(2) On the failure of such officer, employee, 
person, firm or corporation to adjust and settle 
such account, or to yield up such property, 
funds, moneys or other thing of value, the 
comptroller shall direct the attorney for the 
board of county commissioners, the county 
board of public instruction, or the district, as 
the case may be, entitled to such account, prop- 
erty, funds, moneys or other thing of value, to 
represent such county or district in enforcing 
settlement, payment or delivery of such ac- 
count, property, funds, moneys or other thing of 
value. 

(3) Should the attorney for the county or 
district aforesaid be disqualified or unable to 
act, and no other attorney be furnished by the 



Ch. 17 



COMPTROLLER 



Ch. 17 



county or district, or should the comptroller 
otherwise deem it advisable, such account or 
claim may be certified to the attorney general, 
by the comptroller, to be prosecuted by him at 
county or district expense, as the case may be, 
including necessary per diem and travel ex- 
pense in accordance with §112.061, as now or 
hereafter amended. Such expenses, when ap- 
proved by the comptroller, shall be paid forth- 
with by such county or district. 

(4) Should it appear to the comptroller that 
any criminal statute of this state has or may 
have been violated by such defaulting officer, 
employee, person, firm or corporation, such in- 
formation, evidence, documents, and other 
things tending to show such a violation, 
whether in the hands of the comptroller, state 
auditor, county or district, shall be forthwith 
turned over to the proper state attorney or 
county solicitor for his inspection, study and 
such action as he may deem proper, or the 
same may be brought to the attention of the 
proper grand jury. 

(5) No such account or claim, after it has 
been certified to the comptroller, may be settled 
for less than the amount due according to law 
without the written consent of the comptroller, 
and any attempt to make settlement in viola- 
tion of this subsection shall be deemed null and 
void. A county or district board desiring to 
make such a settlement shall incorporate the 
proposed settlement into a resolution, stating 
that the proposed settlement is contingent upon 
the comptroller's approval, and shall submit 
two copies of the resolution to the comptroller. 
The comptroller shall return one copy with his 
action endorsed thereon. 

(6) No settlement of account of any such 
officer, employee, person, firm or corporation, 
with the county or district, or any of their of- 
ficers or agents, made in an amount or manner 
other than as authorized by law or for other 
than a lawful county or district purpose, shall 
be binding upon such county or district unless 
and until approved by the comptroller, or unless 
more than four years shall have elapsed from 
the date of such settlement. 

(7) Nothing in this section shall supersede 
the continuing duty of the proper county and 
district officers to require any officer, employee, 
person, firm or corporation to render full ac- 
counts of and to yield up according to law to 
the officer or authority entitled by law to re- 
ceive the same, any property, funds, moneys or 
other thing of value as to which such officer, 
employee, person, firm or corporation is in any 
wise indebted to or accountable to such county 
or district. The provisions of this section pro- 
vide for collections and recoveries which the 
proper county or district officers have failed to 
make, and for correction of settlements made in 
an amount or manner other than as authorized 
by law. 

History.— Jl, ch. 59-145. 

17.05 May examine under oath parties and 
privies to accounts. — The comptroller of this 
state may demand and require full answers on 
oath from any and every person, party or privy 



to any account, claim or demand against or by 
the state, such as it may be his official duty to 
examine into, and which answers he may re- 
quire to be in writing and to be sworn to before 
himself or before any judicial officer, or justice 
of the peace, or clerk of any court of the state, 
so as to enable such comptroller to decide as to 
the justice or legality of such account, claim or 
demand. 

History.— 85, oh. 8, 1845; RS 97; GS 101; BGS 114; CGL 
144. 

17.06 Disallowed items and accounts. — The 

comptroller shall erase from any original ac- 
count all items disallowed by him; and when 
he shall reject the whole of any account he 
shall write across the face of it the word "dis- 
allowed," and the date, and file the same in his 
office or deliver it to the claimant. 

History.— 82, ch. 146, 1848; RS 88; GS 102; RGS 115; 
CGL 145. 

17.08 Accounts, etc., on which warrants 
drawn, to be filed. — All accounts, vouchers and 
evidence, upon which warrants have heretofore 
been, or shall hereafter be drawn upon the 
treasury by the comptroller shall be filed and 
deposited in the office of comptroller. 

History.— Ch. 351, 1851; RS 100; GS 104; RGS 117; CGL 
147. 

17.09 Application for warrants for salaries. 

— All public officers who are entitled to salaries 
in this state, shall make their application for 
warrants in writing, stating for what terms 
and the amount they claim, which written ap- 
plication shall be filed by the comptroller as 
vouchers for the warrants issued thereupon. 

History.— §1, ch. 1567, 1866; RS 101; GS 105; RGS 118; 
CGL 148. 

17.10 Record of warrants paid. — The comp- 
troller shall cause to be entered in the warrant 
register a record of the warrants paid during 
the previous month, and shall make such entry 
in the record so required to be kept as shall 
show the number of each warrant paid, in 
whose favor drawn, to whom paid and the date 
of payment. 

History.— 81, ch. 1536, 1866; RS 103; GS 107; ch. 7270, 
1917; RGS 119; CGL 149. 

17.11 To report warrants paid. — The comp- 
troller shall make in all his future annual re- 
ports an exhibit stated from the record of war- 
rants paid during the fiscal year, and the 
several heads of expenditures under which said 
warrants were paid. 

History.— 83, ch. 1536, 1866; RS 104; GS 108; RGS 120; 
CGL 150. 

17.12 Authorized to issue warrants to tax 
collector or sheriff for payment. — Whenever it 
shall appear to the satisfaction of the comp- 
troller of this state, from examination of the 
books of his office, that the tax collector or the 
sheriff for any county in this state has paid 
into the state treasury, through mistake or 
otherwise, a larger or greater sum than is 
actually due from said collector or sheriff, then 
the comptroller may issue a warrant to said 
collector or sheriff for the sum so found to be 
overpaid. 

History.— Ch. 1762, 1870; RS 105; GS 109; RGS 121; 
CGL 151. 



Ch. 17 



COMPTROLLER 



Ch. 17 



17.13 To duplicate warrants lost or de- 
stroyed. — The comptroller is required to dupli- 
cate any comptroller's warrants that may have 
been lost or destroyed, or may hereafter be lost 
or destroyed, upon the owner thereof, his agent 
or attorney, presenting the comptroller the 
statement, under oath, reciting the number, date 
and amount of any warrant or the best and 
most definite description in his knowledge, and 
the circumstances of its loss; provided, if the 
comptroller deems it necessary, the owner, his 
agent or attorney, shall file in the office of the 
comptroller a surety bond, or a bond with secu- 
rities, to be approved by one of the judges of 
the circuit court or one of the justices of the 
supreme court, in a penalty of not less than 
twice the amount of any warrants so duplicated, 
conditioned to indemnify the state and any in- 
nocent holders thereof from any damages that 
may accrue from such duplication. Any dupli- 
cate comptroller's warrants issued in pursuance 
of the above provisions shall be of the same 
validity as the originals were before their loss. 

History.— §81. 3, ch. 1758, 1870; RS 106; GS 110; RGS 
122; CGL 152; Jl. Ch. 24280, 1947. 

17.14 To prescribe forms. — The comptroller 
of this state may prescribe the forms of all 
papers, vouchers, reports, returns, and the man- 
ner of keeping the accounts and papers to be 
used by the officers of this state, or other per- 
sons having accounts, claims or demands 
against the state, or intrusted with the collec- 
tion of any of the revenue thereof, or any de- 
mand due the same, which form shall be pur- 
sued by such officer or other persons. 

History.— 512, ch. 8, 1845; RS 107; GS 111; RGS 123; 
CGL 153. 

17.16 Seal. — The seal of office of the comp- 
troller of the state shall be the same as the 
seal heretofore used for that purpose. 

History.— §7, ch. 8, 1845; RS 108; GS 112; RGS 124; 
CGL 154. 

17.17 Examination by governor and report. 

— The office of comptroller of the state, and the 
books, files, documents, records and papers 
shall always be subject to the examination of 
the governor of this state, or any person he 
may authorize to examine the same; and on 
the first day of January of each and every year, 
or oftener if called for by the governor, the 
comptroller shall make a full report of all his 
official acts and proceedings for the last fiscal 
year to the governor, to be laid before the 
legislature with his message, and shall make 
such further report as the constitution may 
require. 

History.— 88, ch. 8, 1845; RS 109; GS 113; ch. 7342, 1917; 
RGS 125; CGL 155. 
cf.— 827, Art. IV, Const., 1885. 

17.18 Statement of defaulters. — The comp- 
troller in his annual reports to the governor 
shall make a full statement of all defaulters, 
showing the name of the defaulting officer or 
party against whom the claim exists, the name 
of the sureties upon the bond, the several heads 
under which the default arises, the total 
amount of the claim of the state, the state at- 



torney to whom forwarded, and when for- 
warded, the amount realized therefrom, and, in 
case an execution has been delivered to the 
sheriff, he shall give the name of the sheriff as 
well as the report of the sum realized from him, 
or a statement of the reasons for his failure to 
realize in the event of such failure. A copy of 
the said tabulated statement of defaulters shall 
be published in a newspaper at Tallahassee. 

History.— 81, ch. 2083, 1879; RS 110; GS 114; RGS 126; 
CGL 156. 

17.19 Duty to examine as to the sufficiency 
of bonds of state officers. — The comptroller of 
the state, within ten days of the first day of 
January and June of each year, shall carefully 
examine as to the sufficiency of the bonds of the 
various state officials, and if by reason of the 
death, assignment, or insolvency of any of the 
sureties on the bonds of said officials, he has 
reason to believe that the sufficiency of said 
bond has become impaired, he shall at once 
report the same to the governor, who shall 
thereupon call upon and require such official or 
officials to execute and file with the proper offi- 
cer a new bond for the same amount and under 
the same conditions as his former bond. If the 
comptroller shall fail to perform the duties re- 
quired herein he shall be liable to the state for 
any loss that may be sustained by the state, by 
reason of such failure, such sum to be re- 
covered by suit against such comptroller. 

History.— §81, 4, ch. 4413, 1895; GS 115; RGS 127; CGL 
157. 
cf.— 8137.07, Liability lor loss, neglect of duty. 

17.20 To charge state attorneys with claims 
in their hands. — The comptroller of this state 
shall charge the several state attorneys of this 
state with all claims which he may place in 
their hands for collection of money for and on 
behalf of the state, or which he may otherwise 
require them to collect. Said charges shall be 
evidence of indebtedness on the part of any 
state attorney against whom any charge is 
made for the full amount of such claim to the 
state, until the same shall be collected and paid 
into the treasury, or the legal remedies of the 
state exhausted, or until said state attorney 
shall make it fully appear to the comptroller 
that the failure to collect the same did not 
originate from any neglect of his, and the comp- 
troller shall have made proper entry of satis- 
faction of such charge against such state 
attorney. 

History.— 8§1, 2, ch. 1413, 1863; RS 112; GS 116; RGS 
128; CGL 158. 
cf.— §27.08, 27.10 et seq. 

17.21 Not to allow any claim of state at- 
torney against state until report made. — The 

comptroller shall not audit or allow any claim 
which any state attorney may have against the 
state for services who shall fail to make any 
report which by law he is required to make to 
the comptroller of claims of the state which it 
is his duty to collect. 

History.— §3, ch. 1413, 1863; RS 113; GS 117; RGS 128: 
CGL 159. 

cf. — §27.11 Report upon claims committed to state attorney. 
§27.08 Surrender of papers, etc. to successor by state at- 
torney. 



Ch. 17 



COMPTROLLER 



Ch. 17 



17.22 To notify attorney general of forward- 
ing claim to state attorney. — Whenever the 
comptroller forwards any bond or account or 
claim for suit to any state attorney, he shall 
advise the attorney general of the fact, giving 
him the amount of the claim and other neces- 
sary particulars for his full information upon 
the subject. 

History.— §2, ch. 2083, 1877; RS 114; GS 118; RGS 130; 
CGL 160. 

17.25 May certify copies. — The comptroller 
of this state may certify, under his seal of 
office, copies of any record, paper or document, 
by law placed in his custody, keeping and care; 
and such certified copy shall have the same 
force and effect as evidence as the original 
would have. 

History.— §13, ch. 8, 1845; RS 117; GS 121; RGS 133; CGL 
163. 

17.26 Cancellation of state warrants not 
presented within one year. — 

(1) If any state warrant issued by the 
comptroller, countersigned by the governor, 
against any fund in the state treasury, is not 
presented for payment within one year after 
issuance thereof, the comptroller may cancel 
the same and credit the amount of such war- 
rant to the fund upon which it is drawn; pro- 
vided, that if the warrant so canceled was is- 
sued against a fund which is no longer op- 
erative, then the amount of such warrant shall 
be credited to the general revenue fund. The 
state treasurer shall not honor any state war- 
rant after same has been canceled. 

(2) When the payee or person entitled to 
any warrant so canceled by the comptroller re- 
quests payment thereof, the comptroller may 
upon investigation, issue a new warrant there- 
for, to be paid out of the proper fund in the 
state treasury. There is appropriated a suffi- 
cient amount for the payment of any new war- 
rant issued to replace a voided warrant charged 



against an expired appropriation or charged 
against a fund which is no longer operative. 

History.— §§1, 2, ch. 22006, 1943; (1) 51, ch. 29645, 1955. 

17.27 Microfilming and destroying records 
and correspondence. — 

(1) The state comptroller may destroy gen- 
eral correspondence files over three years old 
and also any other records which are over ten 
years old and which the state comptroller may 
deem no longer necessary to preserve. 

(2) The state comptroller may photograph, 
microphotograph or reproduce on film, in such 
manner that each page will be exposed in exact 
conformity with the original, the following rec- 
ords, and other records and documents as he 
may select: paid warrants, paid vouchers, war- 
rant registers, general ledger, revenue ledger, 
appropriation ledger, treasurer's receipts, es- 
tate tax certificates, estate tax final clearance 
sheets, state retirement ledger, county retire- 
ment ledger, retirement membership records, 
register of cancellations and restorations, ab- 
stract of accounts ledger, tax certificate ledg- 
ers, tax assessors' and collectors' commission 
ledgers, depository ledgers, cash receipts, and 
jurors and witnesses advance register. 

(3) The state comptroller may destroy any 
of said documents after they have been photo- 
graphed and filed and after audit of his office 
has been completed for the period embracing 
the dates of said instruments. 

(4) Photographs or microphotographs in 
the form of film or prints of any records made 
in compliance with the provisions of this sec- 
tion shall have the same force and effect as the 
originals thereof would have, and shall be 
treated as originals for the purpose of their 
admissibility in evidence. Duly certified or au- 
thenticated reproductions of such photographs 
or microphotographs shall be admitted in evi- 
dence equally with the original photographs or 
microphotographs. 

History.— §§1-3, ch. 23909, 1947. 






Ch. 18 



TREASURER 



Ch. 18 



CHAPTEK 18 
TREASURER 



18.01 Bond of treasurer. 

18.02 Moneys paid on warrants. 

18.03 Residence and office. 

18.05 Annual report to governor. 

18.06 Examination by and monthly statements 

to the governor. 

18.07 To keep record of warrants and coupons 

paid. 

18.08 To turn over to the comptroller all war- 

rants paid. 

18.09 Exhibit to legislature. 

18.091 Legislative sessions; additional em- 
ployees. 

18.10 Deposits of money in the banks of the 

state. 

18.101 Deposits of public money by boards, 

agencies, etc., not located in Tallahas- 
see. 

18.102 Deposits of public money by boards, 

agencies, etc., located in Tallahassee. 

18.01 Bond of treasurer. — The state treas- 
urer shall, within ten days before he enters 
upon the duties of his office, give a bond to 
the state, in the sum of one hundred thousand 
dollars, with not less than four sufficient sure- 
ties, to be approved by the governor, condi- 
tioned that he will faithfully execute the duties 
of his office; and shall take and subscribe an 
oath or affirmation faithfully to discharge the 
duties of his office; which bond and oath or 
affirmation shall be deposited with the secre- 
tary of state; and after such bond shall have 
been given, upon the filing with the secretary of 
state of a certificate from the comptroller, that 
the retiring treasurer has turned over vouchers 
for all payments made as required by law, 
and that his account has been truly credited 
with the same, and that he has filed receipts 
from his successor for all vouchers paid since 
the end of last quarter, and for balance of 
cash, and for all bonds and other securities 
held by him as such treasurer, and a certificate 
from each board of which he is made by law 
ex officio treasurer, that he has satisfactorily 
accounted to such board as its treasurer; the 
bond given by such treasurer and his sureties 
shall be discharged and delivered up and shall 
be canceled by the comptroller. Such bond shall 
be deemed to extend to the faithful execution 
of the office of treasurer by the person giving 
such bond until his successor shall have quali- 
fied, and to the faithful performance of the 
duties of treasurer of each board or fund of 
which he is or may be made by law ex officio 
the treasurer. 

History.— §3, ch. S, 1845; 52, ch. 3684, 1887; RS 118; GS 
123; RGS 134; CGL 164. 
ci. — §282.01, Salary. 

§113.07 Bonds of officials. 

18.02 Moneys paid on warrants. — The treas- 
urer shall pay all warrants on the treasury 
drawn by the comptroller and countersigned 
by the governor, and no moneys shall be paid 



18.11 
18.111 

18.112 

18.12 
18.13 
18.14 

18.15 

18.16 



18.17 
18.20 



18.21 



Security to be given. 

Collateral security for funds deposited 
by treasurer. 

Additional securities for deposits of 
public funds. 

May sell securities. 

Notice of sale to be given. 

To exchange bonds of political subdivi- 
sions for refunding bonds. 

Interest on money deposited to be paid 
quarterly to treasurer. 

Treasurer not to deposit money without 
the consent of governor and comptrol- 
ler. 

Not to issue evidences of indebtedness. 

State treasurer to make reproductions of 
certain warrants, records and docu- 
ments. 

Safekeeping receipts for bonds or se- 
curities. 



out of the treasury except on such warrant. 

History.— §5, ch. 9, 1845; RS 119; GS 124; RGS 135; CGL 
165. 
cf.— §24, Art. IV; §4, Art. IX, Const., 1885. 

18.03 Residence and office. — The treasurer 
shall reside at the seat of government of this 
state, and shall keep his office in a room in the 
capitol. Said office shall be open every day, 
Sundays, holidays and public festivals excepted, 
from 8:00 a.m. to 5:00 p.m. Monday through 
Friday of every week. 

History.— §12, ch. 9, 1845; ch. 1845, 1871; RS 120; GS 
125; RGS 136; CGL 166; §8, ch. 29615, 1955. 
cf.— §1, Art. XVI, Const., 1885. 

18.05 Annual report to governor. — The 

treasurer shall make a report in detail to the 
governor as soon after the first day of July of 
each year as it is practicable to prepare same 
of the transactions of his office for the preced- 
ing fiscal year, embracing an itemized state- 
ment of the receipts and payments on account 
of each of the several funds of which he has 
the care and custody. 

History.— §2, ch. 3563, 1885; RS 122; GS 127; RGS 138; 
CGL 168; §1, Ch. 23094, 1945. 

18.06 Examination by and monthly state- 
ments to the governor. — The office of the treas- 
urer of this state, and the books, files, docu- 
ments, records and papers thereof, shall always 
be subject to the examination of the governor 
of the state, or any person he may authorize to 
examine same. The treasurer shall exhibit to 
the governor on or before the tenth day of 
each month, a trial balance sheet from his 
books and a statement of all the credits, mon- 
eys or effects on hand on the day for which 
said trial balance sheet is made, and said state- 
ment accompanying said trial balance sheet 
shall particularly describe the exact character 
of funds or credits, and shall state in detail 
the amount in currency, coin, drafts, checks, 
orders, receipts, bonds, coupons or other credit 
memoranda which he may have representing 
cash and not yet entered upon the books of his 



Ch. 18 



TREASURER 



Ch. 18 



office, and such statement shall be certified and 
signed by the treasurer officially. 

History.— §3, ch. 3563, 1885; RS 123; §1, ch. 4588, 1897; 
GS 128; RGS 139; CGL 169. 

18.07 To keep record of warrants and cou- 
pons paid. — The treasurer shall keep a record 
of the warrants and coupons which he pays, 
which record shall contain a description of the 
same, date of payment and to whom such war- 
rants were paid. 

History.— §4, ch. 3563, 1885; RS 124; GS 129; RGS 140; CGL 
170. 

18.08 To turn over to the comptroller all 
warrants paid. — The treasurer shall turn over 
to the comptroller all warrants drawn by the 
comptroller and paid by the treasurer as soon 
after the close of each calendar month in which 
such warrants are received by the treasurer as 
the treasurer shall have recorded such war- 
rants and charged the same against the ac- 
counts upon which such warrants are drawn; 
and when such warrants have been delivered 
to the comptroller, the comptroller shall credit 
the treasurer's accounts with the amounts 
thereof, giving the treasurer a certificate or 
receipt setting forth the amounts of such war- 
rants and the dates of such credits. 

History.— §5, ch. 3563, 1885; RS 125; GS 130; RGS 141; 
CGL 171; §1, ch. 23093, 1945. 

18.09 Exhibit to legislature. — The treasurer 
shall exhibit to the legislature at its regular 
sessions, an exact statement of the balance in 
the treasury to the credit of the people of the 
state, with a summary of the receipts and pay- 
ments of the treasury during the preceding two 
years. 

History.— §6, ch. 9, 1845; RS 126; GS 131; RGS 142; CGL 
172. 

18.091 Legislative sessions; additional em- 
ployees. — 

(1) Hereafter during any period of time the 
legislature of Florida may be in actual session, 
the state treasurer is empowered to employ not 
more than two persons to assist in performing 
the services required of the state treasurer in 
connection with legislative expenses as pro- 
vided in §11.12. The salaries to be paid such 
employees of the state treasurer shall not be in 
excess of the highest salary paid by the house 
of representatives or the state senate for sec- 
retarial services; and the salaries for said em- 
ployees shall begin with the convening of the 
legislature in session and shall continue for 
not more than seven days after the close of the 
legislative session; provided, that recesses of 
the legislature not in excess of three days shall 
be considered as time during which the legisla- 
ture is actually in session. 

(2) In addition to the regular biennial ap- 
propriations for the state treasurer, there is 
hereby appropriated for use of the state treas- 
urer from the general revenue fund, from time 
to time as necessary, sufficient sums to pay 
the salaries of the above-described employees 
of the state treasurer. 

History.— §§1, 2, ch. 57-2. 
cf. — 111.12 Salary, subsistence and mileage of members, expenses 
authorized by resolution, appropriation. 



18.10 Deposits of money in the banks of the 
state. — The governor, comptroller, and state 
treasurer acting as the state finance committee 
may deposit the money of the state or any 
money in the state treasury in such banks of 
the state as will offer satisfactory collateral 
security; provided that a sufficient amount 
shall be maintained in demand accounts in 
banks designated by the committee for opera- 
tional purposes; the excess above such required 
amount may be deposited in interest-bearing 
time deposits in banks of the state designated 
by the committee as state depositories under 
such terms and conditions and at rates that 
may be determined from time to time by the 
committee; and provided further that such 
rates shall be within the limits allowed by fed- 
eral banking regulations. In determining the 
terms, conditions and interest rates of the time 
deposits the following factors shall be consid- 
ered: 

(1) The prevailing rate of U. S. treasury 
bills; 

(2) The value of the services performed by 
the banks to the state; 

(3) The value accruing to the economy of 
the communities of the state as a result of the 
state depositing its funds in banks of the state. 

Provided, however, in the event the committee 
determines that a majority of the banks of the 
state are unwilling to accept the interest-bear- 
ing time deposits on the terms, conditions and 
rates determined, then by unanimous consent 
of the committee such funds may be invested 
in short term direct obligations of the U. S. 
treasury due within one year from date of pur- 
chase, and maturing on dates the funds are 
anticipated to be needed. Interest earned on 
any such investments shall be credited to the 
state general revenue fund. If at any time funds 
are found to be needed before the maturity 
dates of such investments, sufficient securities 
to meet such needs may be sold at current mar- 
ket rate, such sale to be authorized by vote of 
the majority of the committee. If any capital 
loss is experienced as the result of the sale of 
securities before maturity date as hereinbefore 
provided, then such loss shall be off-set by 
interest earned on such investment from the 
date of purchase to the date of sale. Nothing 
herein contained shall prohibit state officials 
from recognizing and accepting the insurance 
coverage afforded by the federal deposit in- 
surance corporation. 

(4) The fact that a municipal officer or a 
state officer, including an officer of any munici- 
pal or state agency, board, bureau, commission, 
institution and department, is a stockholder or 
an officer or director of a bank will not bar 
such bank from being a depository of funds 
coming under the jurisdiction of any such mu- 
nicipal officer or state officer, provided it shall 
appear in the records of the municipal or state 
office that the governing body of such munici- 
pality or state agency has investigated and 
determined that such municipal or state officer 



Ch. 18 



TREASURER 



Ch. 18 



is not favoring such banks over other qualified 
banks. 

History.— 51. ch. 4586, 1897; OS 132; SI, ch. 7929, 1919; 
RGS 143; COL 173; §1. ch. 17712, 1937; §1, ch. 23978, 1947; 
51, ch. 67-3S4; (4) n. §1, ch. 63-114. 
cf. — §18.11 Security to be given. 

§18.112 Additional securities for deposits of public funds. 
§518.15 Bonds or motor vehicle tax anticipation certificates 

legal Investments and securities. 
{659.21 Banking code; security of deposits. 

18.101 Deposits of public money by boards, 
agencies, etc, not located in Tallahassee. — 

(1) All state agencies, boards, bureaus, 
commissions, institutions and departments 
whose offices are located elsewhere than in Tal- 
lahassee, may, upon written approval of the 
state budget commission, deposit moneys which 
are collected by them in banks designated by 
the governor, comptroller and treasurer for 
such deposits. All banks so designated shall 
pledge sufficient collateral to be security 
for such funds, said securities to be the same type 
as those prescribed by law as eligible for the 
purpose of securing the deposits made by the 
state treasurer. Said collateral securities shall 
be deposited with, or pledged to, the state 
treasurer in the same manner as set out in 
§18.11. All such funds on deposit shall be re- 
mitted to the state treasurer at least once each 
month or oftener if directed by the budget 
commission so to do, and no check shall be 
drawn against nor paid from such bank ac- 
counts except payable to the state treasurer. 

(2) Revolving funds authorized by the state 
budget commission for all state agencies, 
boards, bureaus, commissions, institutions and 
departments may be deposited by such agen- 
cies, boards, bureaus, commissions, institutions 
and departments in banks designated by the 
governor, comptroller and treasurer for such 
revolving fund deposits, and the banks in which 
such deposits are made shall pledge collateral 
security in an amount equal to or in excess of 
the total amount of such revolving funds, said 
collateral securities to be of the type and pledge 
in the manner as provided for the pledge of 
collateral security in subsection (1). 

History.— I f 1, 2, ch. 28133, 1953. 
cf. — §381.191 Revolving fund. 

18.102 Deposits of public money by boards, 
agencies, etc., located in Tallahassee. — All state 
agencies, boards, bureaus, commissions, institu- 
tions and departments whose offices are located 
in Tallahassee may, upon written approval of 
the state treasurer, deposit their funds in local 
banks to the credit of the state treasurer, pro- 
vided evidence of deposit is forwarded imme- 
diately to the state treasurer with sufficient 
information to credit the proper fund. 

History.— §1, ch. 61-71. 

18.11 Security to be given. — 

(1) The security to be given by such banks 
as may be designated under §§18.10 and 18.101 
shall consist of bonds of the United States, 
bonds or certificates of the several states, 
county and municipal bonds or certificates, and 
county or county school time warrants, issued 
by any of the counties or cities of the state, or 
by any of the state agencies, departments or 



commissions authorized to issue bonds or cer- 
tificates, or issued by authorities created by the 
state legislature. Such bonds or certificates may 
be general obligations of the issuing authority 
or they may be secured by utility revenues, or 
other revenues, or by excise taxes, or they may 
be secured by a limited ad valorem tax; pro- 
vided, however, that none of the foregoing 
bonds or certificates shall be accepted as secu- 
rity for the funds herein mentioned unless they 
shall have qualities pertinent to bank invest- 
ment; and provided further, that except as to 
bonds of the United States or bonds the pay- 
ment of whose principal and interest is guar- 
anteed by the United States or federal certifi- 
cates of indebtedness, or state, county or mu- 
nicipal general obligation bonds, the bonds or 
certificates herein mentioned shall be rated in 
one of the highest four classifications by estab- 
lished nationally recognized investment rating 
services. The amount or value of such bonds or 
certificates shall be in such amount as may be 
agreed to by the governor, comptroller, and 
treasurer. 

(2) In lieu of the actual depositing of said 
securities, the state treasurer may accept a 
safekeeping receipt issued by any federal re- 
serve bank, or member bank thereof or by any 
bank incorporated under the laws of the United 
States, therefor, provided the member bank or 
bank incorporated under the laws of the United 
States shall have been previously approved and 
accepted for such purposes by the governor, 
comptroller, and treasurer. The safekeeping re- 
ceipt shall substantially comply with the follow- 
ing form and provisions, to wit: 



(Name of Bank) 



(Address) 



SAFEKEEPING RECEIPT 
NON-NEGOTIABLE 



The undersigned 



No. 



(Name of bank, address, 
.hereby acknowl- 



(Accepting the securities) 
edges that it holds for safekeeping the follow- 
ing described bonds, certificates, notes, or other 
securities, hereinafter referred to as securities, 
to wit: 

(Specifically describing the securities) 

The 

(Name of bank depositing the securities) 

for convenience, hereinafter referred to as the 

depositing bank, has made written application 

bearing date of , to the 

, re- 

(Name of bank accepting the securities) 

questing it to hold said securities for safekeep- 
ing only, and has represented in said applica- 
tion that said securities have been pledged or 
deposited by it with the STATE TREASURER 
OF THE STATE OF FLORIDA, for the pur- 
poses of indemnity or guaranty, pursuant to 
the laws of the State of Florida. 

In said application under which said securi- 



Ch. 18 



TREASURER 



Ch. 18 



ties were lodged with the undersigned by the 
said depositing bank, the 
is 

(Name of bank accepting the securities) 
authorized and empowered to surrender, release 
or deliver said securities, or any part of them, 
only upon the sole written direction and author- 
ization of said state treasurer, or his successors 
in office. It is recognized that said securities are 
to be held by said 

(Name of bank accepting the securities) 
for safekeeping only and solely as an accommo- 
dation to said depositing bank and state treas- 
urer, or his successors in office, and that in no 

event is the said 

(Name of bank accepting the securities 
for deposit) 

to rest under any liability or re- 
sponsibility for or with respect to said securi- 
ties or any of them, except such as may be in- 
volved in the safekeeping thereof. 

This receipt is non-negotiable and any person 
into whose hands the same may come is hereby 
notified that the securities described above will 
only be delivered, surrendered, or otherwise dis- 
posed of, upon the written direction and author- 
ization of said state treasurer or his successors 
in office. 

Should the undersigned collect any interest 
accruing on said securities, or any of them, 
such interest may be disbursed to the deposit- 
ing bank or its order, unless otherwise directed 
in writing by said state treasurer. 

When and as thereunto directed and author- 
ized in writing by said state treasurer, the 

will 

(Name of bank accepting the securities) 
surrender, release and deliver said securities 
pursuant to such written direction and author- 
ization, and in such event this receipt to be 
surrendered to 

for 

(Name of bank accepting securities for deposit) 
cancellation. 

IN WITNESS WHEREOF, 



(Name of bank ac- 
- acting by and 



cepting the securities for deposit) 

through its proper officers, has caused these 

presents to be duly executed this the day 

of , 19 . 

(Name of bank accepting securities for deposit) 
By. 



ATTEST: 



(Title of Officer) 



(3) Provided, however, that a safekeeping 
receipt issued for the purpose contemplated 
above by any federal reserve bank shall not be 
required to comply as to form with the form of 
safekeeping receipt above set forth, if any such 
receipt which does not comply as to form with 
the above form has been authorized for the use 
of said bank by its governing authority and if 
the provisions thereof comply in substance with 



the provisions of the above form of safekeeping 
receipt ; provided further, that the bank issuing 
the safekeeping receipt to the state treasurer 
pursuant to the provisions of subsection (2) 
shall not be required to have the securities de- 
scribed in its safekeeping receipt in its actual 
physical possession if such approved bank holds 
a safekeeping receipt therefor from another 
bank approved by the governor, comptroller 
and treasurer in the manner provided for ap- 
proval and acceptance of the banks specified in 
subsection (2), provided such secondary safe- 
keeping receipt authorizes and empowers the 
approved bank having the actual physical pos- 
session of said securities to surrender, release 
or deliver the same or any part thereof only to 
or upon the sole written direction and author- 
ization of the bank issuing the safekeeping re- 
ceipt to the state treasurer. 

(4) The state treasurer may accept a tele- 
gram from an approved bank for a period not 
to exceed four working days pending the actual 
receipt of a safekeeping receipt; provided the 
telegram authorizes and empowers the ap- 
proved bank having actual physical possession 
of the said securities to surrender, release or 
deliver the same or any part thereof only to 
the state treasurer upon the sole written direc- 
tion and authorization of the bank issuing the 
telegram to the state treasurer. 

(5) The state treasurer, with the approval 
of the state finance committee, may authorize 
the treasurer of the state board of administra- 
tion and county treasurer ex officio to authorize 
a bank holding securities in safekeeping to 
liquidate said securities at a future date where 
such liquidation or maturity is predetermined 
for the purpose of reinvestment, the settlement 
date of the disposal and the purchase date be- 
ing one and the same, without requiring the 
bank holding such investment in safekeeping 
to cover the transaction with an additional 
comparable safekeeping receipt of collateral. 

History.— 82, ch. 4586, 1897; GS 133; RQS 144; 81, ch. 8529, 
1921; CGL 174; am. §1, ch. 23938, 1947; (1) 824, ch. 67-1; (1) 
81, ch. 59-25; (3) 81, ch. 59-26; (4) n. §2, ch. 61-71; (5) n. §1, 
ch. 61-518. j 

cf. — §660.08 Deposit of securities with state treasurer. 

§240.10 Approval and payment of vouchers of the insti- 
tutions under board of commissioners of state institutions 
and board of control, state plant board and state soil 
conservation board. 
§240.101 Appropriation for revolving funds of institutions 

of higher learning. 
§518.09 Housing bonds, legal investments and securities. 
§518.15 Bonds or motor vehicle tax anticipation certificates 
legal Investments and security. 

18.111 Collateral security for funds depos- 
ited by treasurer. — The state treasurer, acting 
as such or as ex officio treasurer of any county, 
board, commission, authority, agency or other 
instrumentality of the state, be, and he is 
hereby, authorized to accept as collateral se- 
curity for any funds deposited by him, bonds, 
notes or certificates heretofore or hereafter is- 
sued by any county or any board, commission, 
authority, agency or other instrumentality of 
the state which contain a pledge of and are 
payable solely from the eighty per cent surplus 
two cents second gasoline tax accruing under 
§16, Art IX of the constitution of the state, 
provided that such securities have been ap- 



Ch. 18 



TREASURER 



Ch. 18 



proved by the state board of administration as 
to their legal and fiscal sufficiency. 

History.— §1, ch. 26983, 1951. 

18.112 Additional securities for deposits of 
public funds. — Notwithstanding any restric- 
tions on securities for deposits of public funds 
contained in any law of this state, federal farm 
loan bonds issued by federal land banks pur- 
suant to the federal farm loan act as amended, 
federal intermediate credit bank debentures is- 
sued by federal intermediate credit banks pur- 
suant to the federal farm loan act as amended, 
and debentures issued by central bank for co- 
operatives and regional banks for cooperatives, 
organized under the farm credit act of 1933, or 
by any of such banks, shall be authorized se- 
curities for all deposits of public funds, pro- 
vided there is no default in the payment of 
principal or interest on any such bonds or 
debentures at the time of the pledge of such 
bonds or debentures as security for such 
deposits. 

History.— fl, ch. 28290, 1953; §1, ch. 29874, 1955. 

18.12 May sell securities. — The governor, 
comptroller and treasurer may sell at public 
or private sale any or all of the bonds and 
securities that may be deposited in the state 
treasurer's office as collateral security for the 
deposit of any public funds whenever there 
shall be a failure or refusal on the part of the 
bank depositing such securities to pay any 
check drawn by the state treasurer on such 
bank. 

History.— S3, ch. 4586, 1897; GS 134; EGS 145; CGL 175; §1, 
ch. 14653, 1931. 

18.13 Notice of sale to be given. — Notice of 
the sale of bonds or securities under §18.12, 
shall be given for thirty days in the newspaper 
published in Tallahassee, and when a sale of 
bonds or securities is made by the governor, 
comptroller and treasurer, either at public or 
private sale under said section, the absolute 
ownership of said bonds or securities shall vest 
in the purchaser or purchasers upon payment 
of the purchase money to the state treasurer. 
Upon the sale of collateral securities as pro- 
vided in §18.12 should there be any surplus 
after the state treasurer shall have paid the 
amount due by reason of such deposit and the 
expense of sale, such surplus shall be paid over 
to the bank making the deposit, or to the 
liquidator of such bank in case such bank is in 
the process of liquidation. In the case of settle- 
ment with a bank in liquidation, should the gov- 
ernor, comptroller and treasurer consider it to 
the best interest of the state they may take such 
collateral securities, or any part of the same, on 
a basis to be agreed upon in settlement of such 
account and to carry all assets thus received in 
such settlement in a suspense account that may 
be created for that purpose, such account to 
be credited from time to time, as dividends, 
interest or principal of such assets are realized 
upon, until final liquidation of the account in 
full, and should there be any surplus upon the 
final liquidation of such account, such surplus 
shall be transferred to and placed in the gen- 



eral revenue fund of the state. A copy of the 
notice of sale herein required shall be for- 
warded by the state treasurer by registered 
mail to the cashier or the liquidator of the bank 
or trust company by which the deposit of se- 
curities was made. 

History.— §3, ch. 4586, 1897; GS 135; EGS 146; CGL 176; 
§2, ch. 14653, 1931. 

ci.— §1.01(13) Defines registered mail to include certified mail 
with return receipt requested. 

18.14 To exchange bonds of political subdi- 
visions for refunding bonds. — The governor, 
comptroller and treasurer may exchange bonds 
of any city, town, municipality, county, school 
district, special tax school district, special road 
and bridge district, road district, drainage dis- 
trict or political subdivision located within the 
state for refunding bonds, which refunding 
bonds have been issued by any such city, town, 
municipality, county, school district, special tax 
school district, special road and bridge district, 
road district, drainage district or political sub- 
division, to take the place and stead of bonds 
which are now held by the governor, comp- 
troller or treasurer and which bonds have been 
acquired, owned or held under and by virtue of 
§18.13, provided however, that prior to the ex- 
change of such bonds the governor, comptroller 
and treasurer shall have first determined that 
they consider it to the best interest of the state 
to accept such refunding bonds. 

History.— §1, ch. 17756, 1937; CGL 1940 Supp. 176(1); 824, 
Ch. 57-1. 

18.15 Interest on money deposited to be paid 
quarterly to treasurer. — Interest on the state 
moneys deposited in banks under §18.10, shall 
be payable to the state treasurer quarterly on 
the first days of January, April, July and Octo- 
ber, and such interest money shall be credited 
on account of general revenue. 

History.— 84, ch. 4586, 1897; GS 136; RGS 147; CGL 177. 

18.16 Treasurer not to deposit money with- 
out the consent of governor and comptroller. — 

It is unlawful for the state treasurer to deposit 
or keep any money not deposited in accordance 
with §18.10, in any bank, without the consent 
of the governor and comptroller. 

History.— §5, ch. 4586, 1897; GS 137; EGS 148; CGL 178. 

18.17 Not to issue evidences of indebted- 
ness. — It is not lawful for the treasurer of this 
state to issue any treasury certificates, or any 
other evidences of indebtedness, for any pur- 
pose whatever, and he is prohibited from issu- 
ing the same. 

History.— §2, ch. 1737, 1870; RS 130; GS 138; EGS 149; 
CGL 179. 

18.20 State treasurer to make reproductions 
of certain warrants, records and documents. — 

(1) All vouchers or checks heretofore or 
hereafter drawn by appropriate court officials 
of the several counties of the state against 
money deposited with the state treasurer under 
the provisions of §54.04, and paid by the state 
treasurer, may be photographed, microphoto- 
graphed or reproduced on film by the state 
treasurer. Such photographic film shall be dur- 
able material and the device used to so re- 



Ch. 18 



TREASURER 



Ch. 18 



produce such warrants, vouchers or checks 
shall be one which accurately reproduces the 
originals thereof in all detail; and such photo- 
graphs, microphotographs or reproductions on 
film shall be placed in conveniently accessible 
and identified files and shall be preserved by 
the state treasurer as a part of the permanent 
records of his office. When any such warrants, 
vouchers or checks have been so photographed, 
microphotographed or reproduced on film, and 
the photographs, microphotographs or repro- 
ductions on film thereof have been placed in 
files as a part of the permanent records of the 
office of the state treasurer as aforesaid, the 
state treasurer is authorized to return such 
warrants, vouchers or checks to the offices of 
the respective county officials who drew the 
same and such warrants, vouchers or checks 
shall be retained and preserved in such offices 
to which returned as a part of the permanent 
records of such offices. 

(2) Such photographs, microphotographs or 
reproductions on film of said warrants, vouch- 
ers or checks shall be deemed to be original 
records for all purposes; and any copy or re- 
production thereof made from such original 
film, duly certified by the state treasurer as a 
true and correct copy or reproduction made 
from such film, shall be deemed to be a tran- 
script, exemplification or certified copy of the 
original warrant, voucher or check such copy 
represents, and shall in all cases and in all 
courts and places be admitted and received in 
evidence with the like force and effect as the 
original thereof might be. 

(3) The state treasurer is also hereby au- 
thorized to photograph, microphotograph or re- 



produce on film, all records and documents of 
said office, as he may, in his discretion, select; 
and said treasurer is hereby authorized to de- 
stroy any of the said documents or records after 
they have been photographed and filed and 
after audit of his office has been completed for 
the period embracing the dates of said docu- 
ments and records. 

(4) Photographs or microphotographs in 
the form of film or prints of any records made 
in compliance with the provisions of this section 
shall have the same force and effect as the 
originals thereof would have, and shall be 
treated as originals for the purpose of their 
admissibility in evidence. Duly certified or au- 
thenticated reproductions of such photographs 
or microphotographs shall be admitted in evi- 
dence equally with the original photographs 
or microphotographs. 

History.— SSI, 2, ch. 22704, 1945; (1) SO, ch. 29615, 1955; 
(3), (4) n. 81, ch. 57-36. 

18.21 Safekeeping receipts for bonds or se- 
curities. — From and after June 13, 1949, the 
state treasurer is authorized to accept safe- 
keeping receipts issued by any federal reserve 
bank, or by any member bank thereof or by 
any bank incorporated under the laws of the 
United States approved and accepted by the 
governor, comptroller and treasurer of Florida, 
covering any bonds or securities for which the 
state treasurer is or shall be designated as 
custodian under the laws of the state. The type 
or types of safekeeping receipts to be accepted 
by the state treasurer for the purposes afore- 
said shall follow the forms prescribed by §18.11. 

History.— SI, ch. 25419, 1949. 



Ch. 19 



COMMISSIONER OF AGRICULTURE 



Ch. 19 



CHAPTER 19 
COMMISSIONER OF AGRICULTURE 

(See title XXXIII (chs. 570-604) for laws relating to agriculture, horticulture and animal industry.) 



19.12 Collection and publication of statistics. 

19.13 Land office. 

19.14 Bond and oath of office. 

19.15 To have custody of documents, etc., con- 

cerning public lands. 

19.16 Duties as to information, conveyances 

and accounts, concerning public lands. 

19.17 Moneys received, accounts, correspond- 

ence and sales concerning public 
lands ; traveling expenses. 

19.12 Collection and publication of statis- 
tics. — The commissioner of agriculture shall 
arrange and adopt some plan for collecting and 
publishing agricultural, horticultural, pomo- 
logical, and farm statistics in connection with 
his annual report, in such form and numbers 
as he may deem best, or the financial condition 
of the department will permit; and he shall, 
before the first day of January in each year, 
furnish the tax assessors of the several coun- 
ties of the state with the necessary blanks, to- 
gether with such instructions as will properly 
direct them in that work, and such blanks shall 
contain only such questions as relate to agricul- 
ture, horticulture and stock raising. 

History.— §5, ch. 3857, 1889; RS 143; GS 153; RGS 164; 
CGL 196. 

*19.13 Land office. — There shall be a public 
land office for the state, to be kept in one of 
the rooms in the capitol; in which office shall 
be deposited and preserved all the records, 
surveys, plats, maps, field notes and patents, 
and all other evidence touching the title and 
description of the public domain, and all lands 
granted by congress to this state, or which 
may hereafter be granted, for whatever pur- 
pose the same may be given. 

History.— SI, ch. 54, 1845; RS 144; GS 154; RGS 165; CGL 
197. 

•Note. — This section repealed by §6, ch. 63-294, subject to 
ratification of amendment to §26, art. IV, state const, at 1964 
general election. 

19.14 Bond and oath of office. — The com- 
missioner of agriculture shall, before he en- 
ters upon the duties of his office, give bond 
with good security to be approved by the gov- 
ernor of this state, in the sum of ten thousand 
dollars, conditioned for the faithful discharge 
of the duties of his office; and shall take the 
oath of office prescribed by the constitution 
of the state. 

History.— §3, ch. 54, 1845; 83, ch. 236, 1849; RS 145; §1, 
ch. 4962, 1901; GS 155; RGS 166; CGL 198. 
cf.— §2, Art. XVI, Const., 1885. 
§113.07 Bonds of officials. 

*19.15 To have custody of documents, etc., 
concerning public lands. — The commissioner of 
agriculture shall have custody of all the rec- 
ords, surveys, plats, maps, field notes, patents, 
and all other evidence touching the title and 
description of the public domain. 

History.— 83, ch. 54, 1845; RS 146; GS 156; RGS 167; CGL 199. 

•Note.— This section repealed by §6, ch. 63-294, subject to 
ratification of amendment to §26, art. IV, state const, at 1964 
ccneral election. 



19.18 To provide plats, etc. 

19.20 To keep records of surveyor-general's of- 

fice ; secretary of state to provide place 
for keeping records. 

19.21 To keep records of U. S. land office. 

19.23 Residence and office. 

19.24 Fees for certain matters. 
19.52 Stamps or tags. 

19.54 Nathan Mayo building. 

*19.16 Duties as to information, conveyances 
and accounts, concerning public lands. — The 

commissioner of agriculture shall keep his of- 
fice open from the hours of 8:00 a.m. to 5:00 
p.m., Monday through Friday of each week, 
Sunday and legal holidays excepted, for the 
information of the public, and all who may be 
interested in the sale, purchase, ownership, or 
occupancy of the public lands. 

He shall draw all deeds and conveyances and 
deliver the same for all sales and transfers, 
and other disposition of the public domain, 
that may from time to time be ordered and 
made by authority of law, and keep a true and 
faithful record of the same. He shall keep 
accounts of the several grants or donations for 
"fixing the seat of government," for "semina- 
ries of learning," "for common schools," "for 
internal improvements," or for any other pur- 
pose, in separate books, accounts, and reports, 
so that the rights and interests of one shall not 
be blended or mixed with the rights and in- 
terests of another, and each class of land shall 
pay the expenses of locating the same. 

History.— 85, ch. 54, 1845; RS 147; GS 157; RGS 168; CGL 
200; 811, ch. 29615, 1955. 

•Note. — This section repealed by 86, ch. 63-294, subject to 
ratification of amendment to $26, Art IV, state const, at 1964 
general election. 

*19.17 Moneys received, accounts, corre- 
spondence and sales concerning public lands; 
traveling expenses. — The commissioner of ag- 
riculture shall, in behalf of this state, receive 
from the treasury of the United States the five 
per cent on sales of the public lands, or any 
other sums accruing from the general govern- 
ment to the seminary, common school, or inter- 
nal improvement trust funds; and shall pay the 
same into the treasury of this state, or, if they 
shall belong to a fund, to the treasurer of such 
fund, keeping the same separate and distinct 
under their respective proper heads. He shall hold 
all needful correspondence with the several 
land offices of the United States in this state, 
or with the general land office at Washington, 
and shall attend the public land sales in this 
state, and visit the said land offices whenever, 
in his opinion, the interest of the state shall 
require it, and do and perform all things need- 
ful and proper to advance and promote the in- 
terests of the same, and when so engaged he I 
shall have his traveling expenses defrayed out 
of any moneys in the treasury, to be approved 



Ch. 19 



COMMISSIONER OF AGRICULTURE 



Ch. 19 



by the governor, and audited by the comp- 
troller of public accounts as other accounts are 
audited and paid, independently of his stated 
salary. 

History.— §6, ch. 54, 1845; RS 148; GS 158; RGS 169; COL 
201. 

•Note. — This section repealed by §6, ch. 63-284, subject to 
ratification of amendment to §26, Art. IV, state const, at 1964 
general election. 

*19.18 To provide plats, etc. — The commis- 
sioner of agriculture shall provide plats or 
maps of all lands selected and secured, and 
append thereto an accurate description of the 
quality, situation and location of the same, 
and whatever else may affect the value of 
each tract or body of land selected and secured, 
taking care to keep in separate books, and 
maps or plats, the lands belonging to each sep- 
arate fund, which books and maps and plats, 
with the description thereof, shall be kept and 
preserved in his office. 

History.— 86, ch. 54, 1845; RS 149; OS 159; BGS 170; CGL 
202. 

•Note. — This section repealed by 56, ch. 63-294, subject to 
ratification of amendment to §26, Art. IV, state const, at 1964 
general election. 

*19.20 To keep records of surveyor-general's 
office; secretary of state to provide place for 
keeping records. — Upon the discontinuance by 
the federal authorities of the office of surveyor- 
general for the state, the commissioner of ag- 
riculture of the state may receive all of the 
field notes, surveys, maps, plats, papers and 
records (heretofore kept in the office of said 
surveyor-general, and the commissioner of ag- 
riculture carefully and safely keeps and pre- 
serves all of said field notes, surveys, maps, 
plats, papers and records) as part of the public 
records of his office, and shall at all times allow 
any duly accredited authority of the United 
States full and free access to any and all of 
such field notes, surveys, maps, plats, papers 
and records; and may make and furnish under 
his hand and seal certified copies of any or all 
of the same to any person making application 
therefor; provided, that the secretary of state 
under the direction of the board of state insti- 
tutions shall provide some place suitable for 
keeping such records, maps and other papers. 

History.— SI. ch. 5611, 1907; BGS 172; CGL 204; §12, ch. 29615, 
1955. 

•Note. — This section repealed by §6, ch. 63-294, subject to 
ratification of amendment to §26, Art. IV, state const, at 1964 
general election. 

*19.21 To keep records of U. S. land office.— 

The commissioner of agriculture of the state 
may receive all of the tract books, plats and 
such records and papers heretofore kept in the 
United States land office at Gainesville, Flor- 



ida, as may be surrendered by the secretary of 
the interior, and the commissioner of agricul- 
ture shall carefully and safely keep and pre- 
serve all of said tract books, plats, records 
and papers as part of the public records of his 
office, and at any time allow any duly accred- 
ited authority of the United States, full and 
free access to any and all of such tract books, 
plats, records and papers, and shall furnish 
any duly accredited authority of the United 
States with copies of any such records without 
charge. 

History.— §1, ch. 15926, 1933; CGL 1936 Snpp. 204(1). 

•Note.— This section repealed by §6, ch. 63-294, subject to 
ratification of amendment to §26, Art. IV, state const, at 1964 
general election. 

19.23 Residence and office. — The commis- 
sioner of agriculture shall reside at the seat 
of government in this state, and shall keep his 
office in a room in the capitol. 

History.— §1, ch. 54, 1845; §2, ch. 1822, 1870; ch. 1845, 1871; 
RS 152; GS 162; RGS 174; CGL 206; §7, ch. 22816, 1945. 
cf.— §21, Art. IV and §10, Art. XVI const. 1885. 

*19.24 Fees for certain matters. — The fees 
of the commissioner of agriculture in the fol- 
lowing matters shall be as follows : 

For drawing township plats or maps, for 
each, three dollars; for each certificate with 
seal, one dollar; for search of papers or rec- 
ords, twenty-five cents; for drawing and tran- 
scribing records, for copying and furnishing 
statistical information, twenty cents for the 
first hundred words or fraction thereof, and 
ten cents for each succeeding hundred words. 

History.— §3, ch. 1981, 1874; RS 153; OS 163; RGS 175; 
CGL 207. 

•Note. — This section repealed by §6, ch. 63-294, subject to 
ratification of amendment to §26, Art. IV, state const, at 1964 
general election. 

19.52 Stamps or tags. — Whenever under the 
law, stamps are now required to be used in 
connection with inspection fees, the commis- 
sioner of agriculture is authorized to use and 
direct the use of either stamps or tags as he 
shall determine to be for the best interest of 
the state, and all laws or regulations now ap- 
plicable to such stamps shall be applicable to 
tags whenever used instead of stamps under 
such direction of the commissioner of agricul- 
ture. 

History.— §1, ch. 14671, 1931; CGL 1936 Supp. 222(1). 

19.54 Nathan Mayo building. — The name of 
the state chemistry building in Tallahassee, 
Florida, is designated and declared to be "The 
Nathan Mayo Building," in tribute to the 
Honorable Nathan Mayo, commissioner of 
agriculture of the state. 

History.— §1, ch. 22590, 1945. 



Ch. 21 



STATE AUDITING DEPARTMENT 



Ch. 21 



CHAPTER 21 
STATE AUDITING DEPARTMENT 



21.021 Creation of state auditing department. 

21.031 The state auditor. 

21.041 Mandatory duties; removal from office. 

21.051 Selection and qualification of personnel 

of the state auditing department. 

21.061 Oath and bond of auditors. 

21.071 Salaries and expenses. 

21.081 Headquarters; auditing districts. 

21.091 Legal advisor of state auditor. 

21.101 Duties of state auditor; annual audits. 

21.111 Rules and regulations. 

21.121 Assignments and audit reports. 

21.13 Assistant state auditors may be detailed 

to county; request. 

21.021 Creation of state auditing depart- 
ment. — There is hereby created an independ- 
ent state agency to be known and designated 
as the "state auditing department." 

History.— §2, ch. 29887, 1955. 
Note.— Formerly §21.01. 

21.031 The state auditor. — The state au- 
diting department shall be headed by a state 
auditor who shall be a certified public account- 
ant and who, at the time of his appointment, 
shall have had not less than ten years active 
experience as a certified public accountant or 
not less than ten years active experience with 
the state auditing department. The state au- 
ditor shall be appointed by the governor, sub- 
ject to confirmation by the senate. A list of 
not less than three persons eligible for such 
appointment shall be submitted by the legis- 
lative appropriations and auditing committee to 
the governor for his consideration in making 
such appointment. Vacancies in the office of 
state auditor shall be filled in the same manner 
as the original appointment. The term of office 
of the state auditor shall be for four years un- 
less a longer term shall be authorized by the 
state constitution. 

History.— §3, ch. 29887, 1955; §1, ch. 69-291. 
Note.— Formerly {21.02. 

21.041 Mandatory duties; removal from of- 
fice. — The duties of the state auditor under 
this chapter are mandatory unless the context 
clearly indicates otherwise, and failure on the 
part of the state auditor to perform such man- 
datory duties shall constitute cause for re- 
moval from office. The state auditor shall be 
removed from office by the governor only for 
cause, by and with the consent of the senate. 

History.— I g4, 18, ch. 29887, 1955. 
Note.— Formerly §21.02. 

21.051 Selection and qualification of per- 
sonnel of the state auditing department. — 

(1) To carry out the duties imposed upon 
him by this chapter, the state auditor shall 
select and employ qualified persons necessary 
for the efficient operation of the state auditing 
department and shall fix their duties and com- 
pensation; provided, that no person shall be 
employed as an auditor under this section who 
does not possess the qualifications to take the 



Same ; duty of assistant state auditor de- 
tailed. 

Same ; compensation ; how paid. 

Same ; duty of county officers. 

Same; employment of additional audi- 
tors. 

Reports disclosing irregularities. 

Special audits; subpoenas; issuance; 
service and enforcement. 

Prohibited activities. 

Penalties. 

Refusal to produce or furnish records, 
etc. 

Uniform system of accounts ; exceptions. 



21.14 

21.15 
21.16 
21.17 

21.18 
21.19 

21.20 
21.21 
21.22 

21.23 

examination for a certificate as certified public 
accountant under the laws of this state. 

(2) Each person who has been employed 
by the state auditing department for a period 
of one year or more prior to the effective date 
of this chapter and whose service rating is 
good or excellent shall continue in the same 
position with the department. 

History.— §5, ch. 29887, 1955. 

21.061 Oath and bond of auditors. — 

(1) The state auditor, before entering 
upon the duties of his office, shall take and 
subscribe the oath of office required of state 
officers by the constitution. 

(2) The state auditor shall give bond, with 
some surety company authorized to do busi- 
ness in Florida as surety, in the amount of 
ten thousand dollars, payable to the governor 
of the state and his successors in office and 
conditioned that he will well and faithfully 
discharge the duties of his office, promptly re- 
port any delinquency or shortage discovered 
in any accounts and records audited by him, 
and will promptly pay over and account for 
any and all funds that shall come into his 
hands as such auditor. If the state auditor, 
within thirty days after receiving notice of 
his appointment, shall fail to file with the 
secretary of state the required oath and bond, 
such appointment shall be of no effect and 
another appointment shall be made. 

(3) All auditors employed by the depart- 
ment shall be covered by individual bonds or 
by a blanket position bond. Said bonds or 
bond shall meet, and contain the same condi- 
tions as are required of the state auditor under 
subsection (2) of this section. All bonds shall 
be filed with the secretary of state. If an au- 
ditor is not covered in the blanket position bond, 
an individual bond shall be filed within thirty 
days after such employee receives notice of 
his employment. The amount of any such bond 
shall be determined by the state auditor with 
the approval of the governor and the legisla- 
tive appropriations and auditing committee. 
Failure thus to file such individual bond or to be 
covered in the blanket position bond shall 
terminate his employment. 

(4) The annual premium of all bonds shall 



Ch. 21 



STATE AUDITING DEPARTMENT 



Ch. 21 



be paid out of any funds provided for the 
operation of the department. 

History.— §6, ch. 20887, 1955; (3) §1, ch. 61-23. 

Note.— Formerly §21.03. 

21.071 Salaries and expenses. — The salaries 
and expenses of the state auditing department 
shall be paid out of the general revenue fund 
appropriated biennially by the legislature for 
that purpose. The state auditor shall approve 
all bills for salaries and expenses before the 
same shall be paid. 

History.— §7, ch. 29887, 1955. 
Note.— Formerly §§21.08, 21.09, 21.12. 

21.081 Headquarters; auditing districts. — 

The headquarters of the state auditor and the 
state auditing department shall be at the state 
capital, but to facilitate auditing and to elim- 
inate unnecessary traveling the state auditor 
may divide the state into auditing districts and 
assign auditors to each district. Such dis- 
tricts shall be so created as to equalize and 
facilitate the work of auditing. 

History.— §8, ch. 29887, 1955. 
Note.— Formerly §21.04. 

21.091 Legal advisor of state auditor. — The 

attorney general shall be the legal advisor of 
the state auditor. 

History.— §9, ch. 29887. 1955. 

21.101 Duties of state auditor; annual au- 
dits. — The state auditor shall have the power 
and duty to make an annual postaudit of the 
accounts and records of all state and county 
officers and all state and county boards, de- 
partments, commissions, institutions, or other 
such agencies. He shall make an annual post- 
audit of accounts and records of any other 
public body or political subdivision when re- 
quired by law to do so. Each such annual au- 
dit, when practicable, shall be made and com- 
pleted within not more than twelve months 
following the end of each fiscal year of the 
officer, office, department, commission, board, 
institution, or other such agency. As used 
herein the term "postaudit" means an audit 
made at some point after the completion of a 
transaction or a group of transactions. 

History.— §10, ch. 29887, 1955. 
Note.— Formerly §21.05. 

21.111 Rules and regulations. — The state 
auditor may make and enforce reasonable rules 
and regulations necessary to facilitate audits 
authorized under the provisions of this chapter. 

History.— §11, Ch. 29887, 1955. 
Note.— Formerly §21.05. 

21.121 Assignments and audit reports. — 

(1) The state auditor may, when in his 
judgment it shall be necessary, designate and 
direct any auditor employed by the depart- 
ment to audit any accounts or records within 
the power of the state auditor to audit. The 
auditor shall report his findings for review by 
the state auditor, who shall prepare the audit 
report. 

(2) The audit report shall make special 
mention of: (a) any violation of the laws with- 
in the scope of the audit; and (b) any illegal 
or improper expenditure, any improper ac- 
counting procedures, all failures to properly 



record financial transactions, and all other in- 
accuracies, irregularities, and shortages. 

(3) The audit report shall be a public rec- 
ord. At the conclusion of the audit, the state 
auditor or his designated representative shall 
discuss the audit with the state or county official 
whose office is subject to audit, and submit to 
him a list of his adverse findings which may be 
included in the audit report. If such official so 
desires, he may submit to the state auditor or 
his designated representative within ten days 
after the receipt of the said list of findings his 
written statement of explanation or rebuttal 
concerning any of the findings, and it shall be 
the duty of the state auditor to quote in the 
audit report the official's explanation or rebuttal 
to any of the findings included in the audit 
report. A copy of the report shall be submitted 
to the governor, to each member of the legis- 
lative appropriations and auditing committee, 
and to the officer or person in charge of the 
department, institution, agency, board, commis- 
sion, or office audited. One copy shall be filed as 
a permanent record of the state auditing depart- 
ment. In the case of county reports, one copy of 
the report of each county office audited shall be 
submitted to the board of county commission- 
ers of the county in which the audit was made 
and shall be filed in the office of the clerk of 
the circuit court of that county as a public rec- 
ord ; provided, that when an audit is made of the 
records of the board of public instruction, 
a copy of the audit report shall be filed only 
with the county board of public instruction, 
and thereupon such report shall become a part 
of the public records of such board. Copies 
of such reports may also be furnished such 
other state and county officers as in the opin- 
ion of the state auditor may be directly inter- 
ested in the audit or who may have some duty 
to perform in connection therewith. 

History.— §12, ch. 29887, 1955; (3) §§1, chs. 61-23 and 61-490. 
Note. — Formerly §21.11. 

21.13 Assistant state auditors may be de- 
tailed to county; request. — It shall be the duty 
of the governor of the state, upon the request 
of the board of county commissioners of any 
county in this state, such request to be evi- 
denced by certified copy of resolution duly 
adopted, to appoint and detail one assistant 
state auditor in addition to any other such as- 
sistant state auditors authorized by law, for con- 
tinuous service in such county, with a popula- 
tion in excess of fifty thousand, for the purpose 
of examining and auditing the offices, books, 
records and accounts of all county officials, 
boards and other public institutions, except mu- 
nicipalities, of said county, and making periodi- 
cal or other frequent reports thereon as may be 
necessary; such continuous service to continue 
during the time the compensation of such as- 
sistant state auditor is paid by such county as 
hereinafter provided. 

History.— §1, ch. 21920, 1943. 

21.14 Same; duty of assistant state auditor 
detailed. — It shall be the duty of said assistant 
state auditor to examine the financial accounts 
of all the offices during the first day of each cal- 



Ch. 21 



STATE AUDITING DEPARTMENT 



Ch. 21 



endar month, so far as the same may be feasible, 
and to ascertain whether or not any of the offi- 
cers, employees, boards or other public institu- 
tions of said county, except municipalities, are 
making prompt and correct deposits of all pub- 
lic moneys in the manner required in each case 
by law, and shall report the result of such ex- 
amination to the state auditor and to the said 
board of county commissioners, from time to 
time, as the same shall be made ; and shall, upon 
the request of the state auditor or the said board 
of county commissioners, make special examina- 
tions or audits of any of the offices indicated 
above whenever, in the opinion of said state 
auditor or the board of county commissioners, 
such special examination or audit is necessary 
or desirable; provided, it shall be the duty of 
said state auditor to cause each of said offices and 
boards to be audited at least twice in each calen- 
dar year and report thereof to be made to said 
auditor and board of county commissioners. 

History.— §2, ch. 21920, 1943. 

21.15 Same; compensation; how paid. — Such 
additional assistant state auditor shall receive 
the same salary per annum as that which may 
from time to time be provided by law for regular 
assistant state auditors provided by chapter 21, 
such salary to be paid by the board of county 
commissioners of the county to which such 
appointment is made, to the state comptroller, 
in monthly installments, for the period of time 
during which said additional assistant state 
auditor shall be performing such service. 

History.— §3, ch. 21920, 1943. 

21.16 Same; duty of county officers. — It shall 
be the duty of every such officer, employee, 
board or other public institution of said county, 
to turn over to said auditor, upon his demand, 
all their books, records and accounts in order 
that the same may be properly audited, and any 
person or board failing or refusing to turn 
over said books, records or accounts on demand 
shall be guilty of a misdemeanor and subject 
to removal from office by the governor of this 
state. 

History.— §4, ch. 21920, 1943. 

21.17 Same; employment of additional audi- 
tors. — Whenever, as herein provided, the state 
auditor shall be requested to so designate an ad- 
ditional assistant state auditor, said state audi- 
tor shall be authorized to employ one additional 
assistant auditor for each such county request- 
ing such continuous service as herein provided. 

History.— 55, ch. 21920, 1943. 

21.18 Reports disclosing irregularities. — 

The state auditor shall report promptly to the 
governor, the legislative appropriations and 
auditing committee, and the comptroller all 
instances of shortages, defalcations and irregu- 
larities disclosed by an audit which the state 
auditor is by law authorized to perform. 

History.— §13, ch. 29887, 1955; §1, ch. 61-23. 
Note.— Formerly §21.11. 

21.19 Special audits; subpoenas; issuance; 
service and enforcement. — 

(1) The state auditor shall make special 



audits required by the governor or the legisla- 
tive appropriations and auditing committee, and 
may conduct a special audit at any time of any 
officer or department, board, commission, insti- 
tution, or other agency which he is authorized 
by law to audit. 

(2) Reports of special audits shall be filed 
with the governor and the legislative appropria- 
tions and auditing committee. Upon receipt of 
such audit reports the governor or such com- 
mittee may designate other persons to whom 
the state auditor shall supply copies thereof. 

(3) If necessary, in connection with any 
special audit, the governor, the legislative 
appropriations and auditing committee, or the 
state auditor is authorized to issue subpoenas 
and subpoenas duces tecum, which shall be 
served by the sheriff of the county wherein the 
person subpoenaed resides or may be found, in 
the manner provided for service of subpoenas 
issued by courts of record. The subpoena shall 
command such person to be and appear before 
the governor, the legislative appropriations and 
auditing committee, the state auditor, or any 
person designated by the state auditor to rep- 
resent him, at a time and place to be named 
therein. The subpoena duces tecum may direct 
such person to bring with him for examination 
such books, records, or other documents as may 
be specified therein. 

(4) If any person who has been served with 
a subpoena fails or refuses to be or appear at 
the time and place named, or fails or refuses 
to answer any lawful question propounded or 
produce the books, records, or other documents 
required, or shall be quilty of disorderly or 
contumacious conduct at the hearing, the gov- 
ernor, the legislative appropriations and audit- 
ing committee, or the state auditor may present 
a petition to the circuit court of the county 
where any such person is served with the 
subpoena or resides, setting forth the facts, 
whereupon said court shall issue its rule nisi to 
such person requiring him to appear, answer, or 
explain his conduct, or show cause, and unless 
such person shall purge himself of such failure 
or refusal the court shall forthwith direct such 
person to obey the subpoena, and upon his 
failure or refusal to comply or to purge himself 
of such conduct, he shall be adjudged in con- 
tempt of court and shall be punished as the 
court may direct. 

(5) Whenever making a special audit the 
state auditor may require that testimony be 
given under oath, which may be administered 
by him or by any other person authorized by 
law to administer oaths, and he may require 
that such testimony be reported by an official 
court reporter or deputy or by some other 
competent person, under oath, which report, 
when written and certified to by such person 
as being a correct transcript of the testimony 
and proceedings in the special audit, shall be 
prima facie a correct statement of such testi- 
mony and proceedings; provided, that such 
person's signature to such certificate be duly 
acknowledged by him before a notary public 
or some judicial official of this state. 



Ch. 21 



STATE AUDITING DEPARTMENT 



Ch. 21 



(6) Witnesses who testify under subpoena 
shall be entitled to the same protection and 
immunities as are witnesses in judicial pro- 
ceedings. 

(7) Witnesses shall be entitled to the same 
fees and mileage as they may be entitled to by 
law for attending as witnesses in the circuit 
court, except where such examination is held 
at the place of business or residence of the 
witness. 

(8) All lawful fees and expenses of officers 
and witnesses, expenses incident to taking testi- 
mony, and transcripts of testimony and proceed- 
ings requested by the governor, the legislative 
appropriations and auditing committee, or the 
state auditor, shall be a proper charge to the 
state auditing department. The estimated 
amount needed for this purpose shall be in- 
cluded in the legislative budget request of the 
department. If the amounts appropriated for 
these purposes are insufficient the state budget 
commission may release the necessary amounts 
from the deficiency appropriation. All payments 
for these purposes shall be on vouchers ap- 
proved by the state auditor. 

History.— §14, ch. 29887, 1955; §1, ch. 67-187; (l)-(4), (8) |1, 
ch. 61-23; (8) §1, ch. 63-536. 
Note.— Formerly §21.10. 

21.20 Prohibited activities.— No officer or 
full-time employee of the state auditing de- 
partment shall actively engage in any other 
business or profession; nor shall he serve as 
the representative of any political party, or on 
any executive committee or other governing 
body thereof, or as an executive, officer, or em- 
ployee of any political party committee, organ- 
ization, or association, or be engaged on behalf 
of any candidate for public office in the solici- 
tation of votes or other activities in behalf of 
such candidacy. No employee of the state 
auditing department shall become a candidate 
for election to public office. 

History.— §15, ch. 29887, 1955. 

21.21 Penalties. — 

(1) The willful failure or refusal of the 
state auditor or any auditor employed by the 
department to make a proper audit in line with 
his duty, or the making of a false report as to 
any audit, or the willful failure or refusal 
to report a shortage or misappropriation of 
funds or property, shall be cause for removal 



from such office or employment, and upon con- 
viction thereof shall be punished by a fine not 
exceeding $1,000 or by imprisonment in the 
county jail not exceeding six months. No pro- 
ceeding under this subsection shall preclude 
any proceeding against the bond of the state 
auditor or auditor employed by the state audit- 
ing department. 

(2) Any person who shall willfully fail or 
refuse to furnish or produce any book, record, 
paper, document or data necessary to a proper 
audit which the state auditor is by law au- 
thorized to perform shall, upon conviction 
thereof, be punished by a fine not exceeding 
$1,000 or by imprisonment in the county jail 
not exceeding six months. 

History.— §16, ch. 29887, 1955, formerly $81.06. 

21.22 Refusal to produce or furnish records, 
etc. — Any state or county officer who shall 
willfully fail or refuse to furnish or produce 
any book, record, paper, document or data 
necessary to a proper audit which the state 
auditor is by law authorized to perform, shall 
be subject to removal from office. 

History.— §17, ch. 29887, 1955, formerly {21.07. 

21.23 Uniform system of accounts; excep- 
tions. — The state auditor shall prescribe a uni- 
form system of accounts for all departments 
and branches of the state government, except 
the legislature and the legislative council and 
reference bureau, created by the constitution 
and statutes of the state, designed to fulfill 
the requirements of good accounting practices 
and in keeping with generally accepted ac- 
counting forms, methods and practices relating 
to colleges and universities, hospitals, penal 
institutions, and general government. It shall 
be the duty and the responsibility of the execu- 
tive head of every department and branch of 
the state government to insure that the said 
uniform system of accounts is maintained and 
kept as prescribed by the state auditor. Upon 
a finding that the said uniform system of ac- 
counts as prescribed is not being employed 
effectively by any department or branch of the 
state government, then the state auditor shall 
immediately report his findings in detail to the 
governor and the legislative appropriations and 
audit committee. 

History.— §1, ch. 29902, 1955; §2, ch. 81-23. 



Ch. 22 



EMERGENCY CONTINUITY OP GOVERNMENT 



Ch. 22 



CHAPTER 22 
EMERGENCY CONTINUITY OF GOVERNMENT 



22.01 Short title. 

22.02 Declaration of policy. 

22.03 Definitions. 

22.04 Additional successors to ofiice of gover- 

nor. 

22.05 Enabling authority for emergency in- 

terim successors for local offices. 

22.06 Emergency interim successors for local 

officers. 

22.01 Short title.— §§22.01-22.10 shall be 
known and may be cited as the "emergency in- 
terim executive and judicial succession act." 

History.— 81, ch. 69-447. 

22.02 Declaration of policy. — Because of the 
existing possibility of attack upon the United 
States of unprecedented size and destructive- 
ness, and in order, in the event of such an 
attack, to assure continuity of government 
through legally constituted leadership, author- 
ity and responsibility in offices of the govern- 
ment of the state and its political subdivisions ; 
to provide for the effective operation of govern- 
ments during an emergency; and to facilitate 
the early resumption of functions temporarily 
suspended, it is found and declared to be neces- 
sary to provide for additional officers who can 
exercise the powers and discharge the duties of 
governor ; to provide for emergency interim suc- 
cession to governmental offices of its political 
subdivisions, in the event the incumbents there- 
of are unavailable to perform the duties and 
functions of such offices. 

History.— 82, cb. 69-447. 

22.03 Definitions. — Unless otherwise clearly 
required by the context, as used in §§22.01- 
22.10: 

(1) "Unavailable" means either that a 
vacancy in office exists or that the lawful in- 
cumbent of the office is absent or unable to 
exercise the powers and discharge the duties 
of the office. 

(2) "Emergency interim successor" means 
a person designated pursuant to §§22.01-22.10, 
in the event the officer is unavailable, to exer- 
cise the powers and discharge the duties of an 
office until a successor is appointed or elected 
and qualified as may be provided by the con- 
stitution, statutes, charters and ordinances or 
until the lawful incumbent is able to resume the 
exercise of the powers and discharge the duties 
of the office. 

(3) "Office" includes all state and local 
offices, the powers and duties of which are de- 
fined by the constitution, statutes, charters, 
and ordinances, except the office of governor 
and the legislature. 

(4) "Attack" means any attack or series 
of attacks by an enemy of the United States 
causing, or which may cause, substantial dam- 
age or injury to civilian property or persons in 
the United States in any manner by sabotage 
or by the use of bombs, missiles, shellfire, or 
atomic, radiological, chemical, bacteriological, 



22.07 Formalities of taking ofiice. 

22.08 Period in which authority may be ex- 

ercised. 

22.09 Removal of designees. 

22.10 Disputes. 

22.15 Seat of government; emergency tempo- 
rary location. 

22.20 Emergency continuity of government; 
political subdivision. 

or biological means or other weapons or pro- 
cesses. 

(5) "Political subdivision" includes coun- 
ties, cities, towns, villages, townships, districts, 
authorities, and other public corporations and 
entities whether organized and existing under 
charter or general law. 

History. — 83, ch. 69-447. 

22.04 Additional successors to office of gov- 
ernor. — In the event that the governor, for any 
of the reasons specified in the constitution, is 
not able to exercise the powers and discharge 
the duties of his office, or is unavailable, and 
in the event the president of the senate, and the 
speaker of the house of representatives be for 
any of the reasons specified in the constitu- 
tion not able to exercise the powers and dis- 
charge the duties of the office of governor, or 
be unavailable, the secretary of state, attorney 
general, state comptroller, state treasurer, su- 
perintendent of public instruction and commis- 
sioner of agriculture shall, in the order named, 
if the preceding named officers be unavailable, 
exercise the powers and discharge the duties of 
the office of governor until a new governor is 
elected and qualified, or until a preceding 
named officer becomes available ; provided how- 
ever, that no emergency interim successor to 
the aforementioned offices may serve as gov- 
ernor. 

History.— §4, ch. 69-447. 

22.05 Enabling authority for emergency in- 
terim successors for local offices. — With respect 
to local offices, for which the legislative bodies 
of cities, towns, villages, townships, and coun- 
ties may enact resolutions or ordinances rela- 
tive to the manner in which vacancies will be 
filled or temporary appointments to office made, 
such legislative bodies are hereby authorized to 
enact resolutions or ordinances providing for 
emergency interim successors to offices of the 
aforementioned governmental units. Such reso- 
lutions and ordinances shall not be inconsistent 
with the provisions of §§22.01-22.10. 

History.— §5, ch. 59-447. 

22.06 Emergency interim successors for 
local officers. — The provisions of this section 
shall be applicable to officers of political sub- 
divisions (including, but not limited to, cities, 
towns, villages, townships, and counties, as 
well as school, fire, power and drainage dis- 
tricts) not included in §22.05. Such officers, 
subject to such regulations as the executive 



Ch. 22 



EMERGENCY CONTINUITY OF GOVERNMENT 



Ch. 22 



head of the political subdivision may issue, 
shall upon approval of §§22.01-22.10, designate 
by title (if feasible) or by named person, emer- 
gency interim successors and specify their or- 
der of succession. The officer shall review and 
revise, as necessary, designations made pursu- 
ant to §§22.01-22.10 to insure their current 
status. The officer will designate a sufficient 
number of persons so that there will be not less 
than three, nor more than seven, emergency in- 
terim successors or any combination thereof 
at any time. In the event that any officer of 
any political subdivision is unavailable, the 
powers of the office shall be exercised and 
duties shall be discharged by his designated 
emergency interim successors in the order 
specified. The emergency interim successor 
shall exercise the powers and discharge the 
duties of the office to which designated until 
such time as a vacancy which may exist shall 
be filled in accordance with the constitution or 
statutes or until the officer (or a preceding 
emergency interim successor) again becomes 
available to exercise the powers and discharge 
the duties of his office. 

History.— §6, ch. 69-447. 

22.07 Formalities of taking office.— At the 

time of their designation, emergency interim 
successors and special emergency judges shall 
take such oath as may be required for them to 
exercise the powers and discharge the duties 
of the office to which they may succeed. Not- 
withstanding any other provision of law, no per- 
son, as a prerequisite to the exercise of the 
powers or discharge of the duties of an office 
to which he succeeds, shall be required to 
comply with any other provision of law rela- 
tive to taking office. 

History.— ST, ch. 59-447. 

22.08 Period in which authority may he 
exercised. — Officials authorized to act as gov- 
ernor pursuant to §§22.01-22.10, emergency in- 
terim successors and special emergency judges 
are empowered to exercise the powers and dis- 
charge the duties of an office as herein author- 
ized only after an attack upon the United 
States, as defined herein, has occurred. The 
legislature, by concurrent resolution, may at 
any time terminate the authority of said emer- 
gency interim successors and special emergency 
judges to exercise the powers and discharge 
the duties of office as herein provided. 

History.— §8, ch. 59-447. 

22.09 Removal of designees. — Until such 
time as the persons designated as emergency 
interim successors or special emergency judges 
are authorized to exercise the powers and dis- 
charge the duties of an office in accordance with 
§§22.01-22.10, including §22.08, said persons 
shall serve in their designated capacities at the 
pleasure of the designating authority and may 
be removed or replaced by said designating au- 
thority at any time, with or without cause. 

History.— §9, ch. 69-447. 

22.10 Disputes. — Any dispute concerning a 
question of fact arising under §§22.01-22.09 



with respect to an office in the executive branch 
of the state government (except a dispute of 
fact relative to the office of governor) shall be 
adjudicated by the governor (or other official 
authorized under the constitution or §§22.01- 
22.09 to exercise the powers and discharge the 
duties of the office of governor) and his deci- 
sion shall be final. 

History.— §10, Ch. 69-447. 

22.15 Seat of government; emergency tem- 
porary location. — 

(1) Whenever, due to an emergency result- 
ing from the effects of enemy attack, or the 
anticipated effects of a threatened enemy at- 
tack, it becomes imprudent, inexpedient or im- 
possible to conduct the affairs of state govern- 
ment at the normal location of the seat thereof 
in the city of Tallahassee, Leon county, the 
governor shall, as often as the exigencies of the 
situation require, by proclamation, declare an 
emergency temporary location, or locations, for 
the seat of government at such place, or places, 
within or without this state as he may deem 
advisable under the circumstances, and shall 
take such action and issue such orders as may 
be necessary for an orderly transition of the 
affairs of state government to such emergency 
temporary location, or locations. Such emer- 
gency temporary location, or locations, shall 
remain as the seat of government until the 
legislature shall by law establish a new loca- 
tion, or locations, or until the emergency is 
declared to be ended by the governor and the 
seat of government is returned to its normal 
location. 

(2) During such time as the seat of gov- 
ernment remains at such emergency temporary 
location, or locations, all official acts now or 
hereafter required by law to be performed at 
the seat of government by any officer, agency, 
department or authority of this state, including 
the convening and meeting of the legislature in 
regular, extraordinary, or emergency session, 
shall be as valid and binding when performed 
at such emergency temporary location, or lo- 
cations, as if performed at the normal location 
of the seat of government. 

(3) The provisions of this section shall 
control and be supreme in the event it shall be 
employed notwithstanding the provisions of any 
other law to the contrary or in conflict here- 
with. 

History — § §1-3, ch. 59-498. 

22.20 Emergency continuity of government; 
political subdivision. — 

(1) Whenever, due to an emergency result- 
ing from the effects of enemy attack, or the 
anticipated effects of a threatened enemy at- 
tack, it becomes imprudent, inexpedient or im- 
possible to conduct the affairs of the govern- 
ment of a political subdivision of the state at 
the normal location of the seat thereof, the 
governing body of such political subdivision 
shall, as often as the exigencies of the situation 
require, by proclamation, declare an emergency 
temporary location, or locations, for the seat of 
government at such place, or places within or 



Ch. 22 



EMERGENCY CONTINUITY OP GOVERNMENT 



Ch. 22 



without the territorial limits of its political ju- 
risdiction, as deemed advisable under the cir- 
cumstances, and shall take such action and 
issue such orders as may be necessary for an 
orderly transition of the affairs of the govern- 
ment of the political subdivision to such emer- 
gency temporary location, or locations. Such 
emergency temporary location, or locations, 
shall remain as the seat of such government 
until a new seat of government is established 
by due processes of the law, or until the emer- 
gency is declared to be ended by the governor 
and the seat of government is returned to its 
normal location. 

(2) During such time as the seat of govern- 
ment remains at such emergency temporary lo- 



cation, or locations, all official acts now or here- 
after required by law to be performed at the 
seat of government by any officer, agency, de- 
partment or authority of the political subdivi- 
sion, including the convening of the governing 
body thereof in regular, extraordinary or emer- 
gency session, shall be as valid and binding 
when performed at such emergency temporary 
location, or locations, as if performed at the 
normal location of the seat of government. 

(3) The provisions of this act shall control 
and be supreme in the event it shall be em- 
ployed, notwithstanding the provisions of any 
other law to the contrary or in conflict herewith^ 

History.— §§1-3, ch. 61-352. 






























TITLE V 

JUDICIARY DEPARTMENT 

CHAPTER 25 



SUPREME COURT OF FLORIDA 



25.011 
25.012 
25.021 
25.031 



25.032 
25.041 
25.051 
25.061 
25.071 
25.072 
25.073 



25.081 
25.091 
25.101 
25.112 
25.122 

25.131 
25.141 

25.151 
25.161 
25.171 
25.181 



Number of justices ; election. 

Filling vacancies. 

Terms of office. 

Supreme court authorized to receive 
and answer certificates as to state 
law from federal appellate courts. 

Same ; rules and regulations. 

Power to execute its decrees, etc. 

Regular terms. 

Chief justice. 

Temporary assignment of judges. 

Special assignment former justice. 

Retired justices or judges assigned to 
active judicial service; additional 
compensation; appropriation. 

Seal. 

Compensation of justices. 

Retirement of justices with pay. 

Right to retire; retirement pay. 

Notice by justice taking advantage of 
act; deductions from salary. 

Annual appropriations. 

Rights under law for retirement of 
circuit judges. 

Practice of law. 

Rights under other laws. 

Automatic retirement. 

Record of territorial court of appeals. 



25.011 Number of justices; election. — The 

supreme court of Florida shall consist of seven 
justices, who shall be elected by the qualified 
electors of the state at the time and place of 
voting for members of the legislature, and shall 
hold their office for a term of six years, dating 
from the termination of the now existing terms. 

History.— {1, ch. 67-274. 
Note. — Formerly $25.01. 

25.012 Filling vacancies. — When the office 
of any judge shall become vacant from any 
cause, the successor to fill such vacancy shall 
be appointed or elected only for the unexpired 
term of the judge whose death, resignation, re- 
tirement or other cause created such vacancy. 

History.— 81, ch. 57-274. 

25.021 Terms of office. — The term of office 
of each of the justices of the supreme court, 
when elected for a full term, shall commence 
on the first Tuesday after the first Monday in 
January next succeeding the election. 

History.— §1, ch. 67-274. 
Note.— Formerly {26.02. 



25.191 Clerk of supreme court. 

25.201 Deputy clerk of supreme court. 

25.211 Location of clerk's office. 

25.221 Custody of books, records, etc. 

25.231 Duties of clerk. 

25.241 Clerk of supreme court; compensation; 
assistants ; filing fees, etc. 

25.251 Marshal of supreme court, appoint- 
ment. 

25.262 Duties of marshal, process. 

25.271 Custody of supreme court building and 
grounds. 

25.281 Compensation of marshal. 

25.291 Marshal's contempt fund. 

25.301 Decisions to be filed; copies to be 
furnished. 

25.311 Distribution of volumes. 

25.321 Volumes to be resupplied. 

25.331 Reports to remain the property of the 
state. 

25.341 Library of supreme court, custodian. 

25.351 Acquisition of books. 

25.361 Obtaining state publications for ex- 
change purposes. 

25.371 Rules, effect of. 

25.381 Reports; publication; purchase and dis- 
tribution. 



25.031 Supreme court authorized to receive 
and answer certificates as to state law from 
federal appellate courts. — The supreme court 
of this state may, by rule of court, provide that, 
when it shall appear to the supreme court of 
the United States, to any circuit court of appeals 
of the United States, or to the court of appeals 
of the District of Columbia, that there are in- 
volved in any proceeding before it questions or 
propositions of the laws of this state, which are 
determinative of the said cause, and there are 
no clear controlling precedents in the decisions 
of the supreme court of this state, such federal 
appellate court may certify such questions or 
propositions of the laws of this state to the 
supreme court of this state for instructions 
concerning such questions or propositions of 
state law, which certificate the supreme court 
of this state, by written opinion, may answer. 

History.— §1, ch. 23098, 1946; SI, ch. 57-274. 



25.032 Same; rules and regulations. — The 

supreme court of this state is hereby author- 
ized and empowered to collaborate with any and 



Ch. 25 



SUPREME COURT OF FLORIDA 



Ch. 25 



all other courts of last resort, of other states 
and of the United States, in the preparation and 
approval of uniform rules of court to make ef- 
fective this and similar laws. 

History.— §2, ch. 23098, 1945; SI. ch. 57-274. 

25.041 Power to execute its decrees, etc. — 

The supreme court is vested with all the power 
and authority necessary for carrying into com- 
plete execution all its judgments, decrees and 
determinations in the matters before it, agree- 
able to the usage and principles of law. 

History.— jl, ch. 57-274. 
Note.— Formerly §25.04. 

25.051 Regular terms. — The supreme court 
shall hold two terms in each year, in the su- 
preme court building, commencing respectively 
on the first day of January and July, providing, 
that if such day be a Sunday or legal holiday, 
then on the first subsequent day which is not a 
Sunday or legal holiday. 

History. — Comp. 81, ch. 57-274. 
Note.— Formerly §25.05. 

25.061 Chief justice.— The chief justice of 
the supreme court shall be chosen by the mem- 
bers of the court and shall serve for a term of 
two years. In the event of a vacancy, a succes- 
sor shall be chosen within sixty days for a like 
term. During a vacancy or whenever the chief 
justice is unable to act for any reason, the jus- 
tice longest in continuous service and able to 
act shall act as chief justice. 

History, — §1, ch. 57-274. 

25.071 Temporary assignment of judges. — 

The chief justice of the supreme court is vested 
with, and shall exercise in accordance with 
rules of that court, authority temporarily to 
assign justices of the supreme court to district 
courts of appeal and circuit courts, judges of 
district courts of appeal and circuit judges to 
the supreme court, district courts of appeal, and 
circuit courts, and judges of other courts, ex- 
cept municipal courts, to judicial service in any 
court of the same or lesser jurisdiction. Any 
retired justice or judge may, with his consent, 
be likewise assigned to judicial service. 

History. — Comp. §1, ch. 57-274. 

25.072 Special assignment former justice. — 

(1) Any justice of the supreme court of 
Florida who shall have served as a circuit judge 
of the state and as justice of the supreme court 
for an aggregate period of ten or more years 
and who shall have been separated from 
judicial service subsequent to 1950, at a time 
when such justice was not eligible for retire- 
ment under the provisions of the law then in 
existence but who would now be eligible for 
such retirement under the present law if he 
were now a member of this court, shall be 
deemed to have retired from his office, notwith- 
standing the form of his separation documents, 
for the sole purpose of being assigned to tem- 
porary judicial service subject to his consent 
to serve and the approval of the chief justice. 
Such consent to serve shall be transmitted to 
the chief justice within twelve months after 
May 10, 1963. 



(2) Such retired justice shall be eligible 
only to be assigned to temporary judicial serv- 
ice and shall not receive any retirement pay or 
be entitled to other benefits relating to retire- 
ment of justices of the supreme court; provided, 
however, that during any temporary assignment 
to judicial service, such retired justice shall be 
authorized to be reimbursed for all necessary 
expenses incurred in connection therewith on 
the same basis as are other retired justices who 
are temporarily assigned to judicial service. 

History.— §§1, 2, ch. 63-33. 

25.073 Retired justices or judges assigned 
to active judicial service; additional compensa- 
tion; appropriation. — Any retired justice of the 
supreme court or retired judge of a district 
court of appeal or circuit court assigned to 
active judicial service in any of said courts, 
pursuant to Art. V of the state constitution, 
shall be compensated as follows : 

(1) Any such justice or judge shall be paid 
as additional compensation the difference be- 
tween the normal retirement benefits to which 
he was entitled to receive at the time of his 
retirement, usually referred to as option one, 
regardless of which option was selected at the 
time of retirement, and the total salary then 
currently paid by the state to active justices or 
judges of the court in which the retired justice 
or judge was serving at the time of his retire- 
ment. 

(2) Such additional compensation shall be 
paid by the state at a daily rate and shall be 
computed on a basis of two hundred sixty one 
working days per annum; provided that such 
payments shall be computed on the basis of 
actual number of days worked. 

(3) Necessary travel expense incident to the 
performance of duties required by assignment 
of such justices or judges to active judicial serv- 
ice shall be paid by the state in accordance 
with the provisions of §112.061. 

(4) Payments required under this section 
shall be made from moneys to be appropriated 
for this purpose. 

History.— §1, ch. 63-538. 

25.081 Seal. — The seal of the supreme court 
shall be provided by rules of that court. 

History.— §1, ch. 57-274. 
Note.— Formerly §25.10. 

25.091 Compensation of justices. — The sala- 
ry of the justices of the supreme court shall be 
provided by law. 

History.— Comp. §1, ch. 57-274. 
Note.— Formerly §25.111. 

25.101 Retirement of justices with pay. — 

Whenever any justice of the supreme court of 
Florida has attained the age of sixty-five years 
or more, and has been a justice of said supreme 
court under commission as such justice for a 
period of twenty years or more consecutively, 
such justice may voluntarily resign and retire 
from his office as such justice with the right 
to be paid, and he shall be paid on his own 
requisition, during the remainder of his natural 
life, the full amount of the annual or monthly 



Ch. 25 



SUPREME COURT OF FLORIDA 



Ch. 25 



salary then, or from time to time, provided 
by law to be paid to the other justices of said 
court in office; and sufficient money to meet 
the requirements of this section is hereby ap- 
propriated out of any moneys in the state treas- 
ury not otherwise appropriated. 

History.— §1, oh. 57-274. 
Note.— Formerly $25.12. 
cf. — Ch. 123, Justices, circuit and appeal Judges retirement 
system. 

25.112 Right to retire; retirement pay. — Any 

justice of the supreme court of Florida who 
shall have served as a circuit judge of the state 
and as a justice of said supreme court for an 
aggregate period of twenty years or more and 
shall have elected to take the benefits of this 
law in accordance with the terms and provisions 
hereof, may resign and retire, or either, from 
his office as such justice with the right to be 
paid, and he shall be paid, on his own requi- 
sition, during the remainder of his natural life, 
from the supreme court justices' retirement 
trust fund herein established, two-thirds of the 
annual or monthly salary then, or from time to 
time thereafter, provided by law to be paid to 
the other justices of said court in office. 

History.— §1, ch. 67-274; 52, ch. 61-119. 
Note.— Formerly §25.121. 
cf.— §123.13 Optional retirement benefits; Justices, circuit and 
appeal Judges. 

25.122 Notice by justice taking advantage 
of act; deductions from salary. — Any justice of 
the supreme court who may decide to take ad- 
vantage of this law shall, within ninety days 
after this law takes effect, notify the state 
comptroller and the state treasurer to that ef- 
fect, and thenceforward, so long as such jus- 
tice shall hold office, two per centum shall be 
deducted from each installment of salary of 
such justice, and said amount so deducted shall 
be deposited into a special fund hereby es- 
tablished in the state treasury to be known as 
the supreme court justices' retirement trust 
fund. Any person who may hereafter qualify as 
justice of the supreme court shall be entitled to 
the benefits of this law upon giving notice to 
the state comptroller and the state treasurer 
within ninety days after taking office; and 
after the giving of such notice, so long as such 
justice shall hold office, two per centum shall 
be deducted from each installment of salary of 
such justice, and said amount so deducted shall 
be deposited into said supreme court justices' 
retirement trust fund. 

History.— §2, ch. 23645, 1947; |1, eh. 67-274; §2, ch. 61-119. 
cf.— Ch. 123. 

§§123.17 and 123.18 Judicial retirement for disability; trans- 
fer of amounts contributed under other retirement laws. 

25.131 Annual appropriations. — T here is 
hereby appropriated annually and shall be paid 
into said supreme court justices' retirement 
trust fund out of any funds in the state treasury 
not otherwise appropriated sufficient money to 
meet the requirements of this law, taking into 
account the sum paid into said supreme court 
justices' retirement trust fund under §25.122. 

History.— §1, ch. 57-274; 52, ch. 61-119. 
Note.— Formerly §25.123. 
cf.— Ch. 123. 

25.141 Rights under law for retirement of 



circuit judges. — Nothing in this law shall affect 
any rights that a circuit judge subsequently be- 
coming a justice of the supreme court may have 
theretofore acquired or may thereafter acquire 
under provisions of law, or any re-enactments 
thereof or amendments thereto, prior to the time 
that he retires from the supreme court; provid- 
ed, however, that no person while accepting 
retirement compensation under the terms and 
provisions hereof shall at the same time receive 
retirement compensation under any other law. 

History.— §1, ch. 67-274. 
Note.— Formerly §25.124. 
cf.— §§38.14-38.19 Retirement of circuit Judges. 

Ch. 123 Justices, circuit and appeal Judges retirement sys- 
tem. 

25.151 Practice of law. — No justice of the 
supreme court of Florida drawing retirement 
compensation as provided by any law shall en- 
gage in the practice of law. 

History.— §1, ch. 67-274. 
Note.— Formerly §25.125. 

25.161 Rights under other laws. — Nothing 
herein contained shall affect the rights or 
status of any person under any other law who 
has heretofore resigned or retired or may here- 
after resign or retire from the supreme court 
of Florida; and the provisions of §25.101 shall 
be preserved and remain in full force and effect. 

History.— 51, ch. 67-274. 

Note. — Formerly §25.126. 

25.171 Automatic retirement. — All justices 
shall automatically retire upon reaching the age 
of seventy years; provided that this shall not 
apply to any justice holding such office on 
July 1, 1957. 

History.— §1, ch. 67-274. 

25.181 Record of territorial court of appeals. 

— The files, rolls and books of record of the 
courts of appeals of the late Territory of Flor- 
ida, so far as the same, by the concurrence of 
the congress and of the legislature of this state, 
may relate to matters of appropriate state au- 
thority and jurisdiction, are placed in the cus- 
tody and under the control of the supreme court 
of this state, and are files, rolls and records of 
the said supreme court; and the said court 
may lawfully have and exercise such judicial 
cognizance and power over them as it may law- 
fully have and exercise over its own files, rolls 
and records. 

History.— §1, ch. 57-274. 
Note.— Formerly §26.13. 

25.191 Clerk of supreme court. — The su- 
preme court shall appoint a clerk of the su- 
preme court, who shall hold his office during 
the pleasure of the court. The said clerk, before 
entering upon the discharge of his duties, shall 
give bond in the sum of two thousand dollars, 
payable to the governor, or his successors in 
office, to be approved by a majority of the jus- 
tices of the supreme court conditioned upon 
the faithful discharge of the duties of his of- 
fice, which bond shall be filed in the office of 
the secretary of state. 

History.— §1, ch. 67-274. 
Note.— Formerly §25.14. 
cf.— §113.07 Bonds of state officials. 



Ch. 25 



SUPREME COURT OF FLORIDA 



Ch. 25 



25.201 Deputy clerk of supreme court. — The 

clerk may appoint a deputy, who, being duly 
sworn, may discharge all the duties of the office 
of clerk during his absence. The clerk shall in 
all cases be responsible for the acts of such 
deputy. 

History.— §1, ell. 57-274. 
Note. — Formerly §25. IS. 

25.211 Location of clerk's office. — The clerk 
shall have his office in the supreme court build- 
ing. 

History.— §1. ch. 57-274. 
Note.— Formerly |2S.lf. 

25.221 Custody of books, records, etc. — All 

books, papers, records, files and the seal of the 
supreme court shall be kept in the office of the 
clerk of said court and in his custody. 

History.— {1, eh. 57-274. 
Note.— Formerly 525.17. 

25.231 Duties of clerk.— The clerk of the 
supreme court shall perform such duties as 
may be directed by the court. 

History.— il, Ch. 57-274. 
Note.— Formerly t25.lt. 

25.241 Clerk of supreme court; compensa- 
tion; assistants; filing fees, etc. — 

(1) The clerk of the supreme court shall 
be paid an annual salary, provided by law. 

(2) The clerk of the supreme court is au- 
thorized to employ such deputies and clerical 
assistance as may be necessary. Their number 
and compensation shall be approved by the 
court. The compensation of such employees 
shall be paid from the biennial appropriation 
for the supreme court. 

(3) The clerk of the supreme court is here- 
by required to collect, upon the filing of a certi- 
fied copy of a notice of appeal or petition, 
twenty-five dollars for each case docketed, and 
for copying, certifying or furnishing opinions, 
records, papers or other instruments except as 
otherwise herein provided, the same fees that 
are allowed clerks of the circuit court; provid- 
ed, however, no fee shall be less than one 
dollar. 

(4) The clerk of the supreme court is here- 
by authorized, immediately after a case is dis- 
posed of, to supply the judge who tried the case 
and from whose order, judgment or decree, ap- 
peal or other review is taken and any court 
which reviewed it, a copy of all opinions, orders 
or judgments filed in such case. Copies of opin- 
ions, orders and decrees shall be furnished in 
all cases to each attorney of record and copies 
for publication in Florida reports shall be with- 
out charge and copies furnished to the law book 
publishers shall be at one-half the regular 
statutory fee. 

(5) The clerk of the supreme court is here- 
by required to prepare a statement of all fees 
collected in duplicate each month and remit one 
copy of said statement, together with all fees 
collected by him, to the state treasurer who 



shall place the same to the credit of the general 
revenue fund. 

History.— 51, ch. 67-274. 
Note. — Formerly §25.19. 
cf.— §28.24 Fees of clerk of circuit court. 

§696.05 Photographic recording authorized; clerk of circuit 
court. 

25.251 Marshal of supreme court, appoint- 
ment. — The supreme court shall appoint a 
marshal who shall hold office during the pleas- 
ure of the court. The said marshal shall 
execute to the governor of the state a bond in 
the penalty of two thousand dollars, with sure- 
ties to be approved by the supreme court, and 
conditioned that he shall faithfully discharge 
such duties as the court directs. 

History.— §1, ch. 67-274. 
Note. — Formerly §25.23. 

25.262 Duties of marshal, process. — The 

marshal shall have the power to execute the 
process of the court throughout the state, and 
in any county he may deputize the sheriff or a 
deputy sheriff for such purpose. 

History.— §1, ch. 67-274. 
Note.— Formerly §26.24. 

25.271 Custody of supreme court building 
and grounds. — The said marshal shall, under 
the direction of the supreme court, be cus- 
todian of the supreme court building and 
grounds and shall keep the same clean, sanitary 
and free of trespassers and marauders and shall 
maintain the same in good state of repair and 
cause the grounds to be beautified and pre- 
served against depredations and trespasses. 

History.— §1, ch. 67-274. 
Note. — Formerly §25.25. 

25.281 Compensation of marshal. — The com- 
pensation of the said marshal shall be provided 
by law. 

History.— §1, ch. 57-274. 
Note.— Formerly §25.26. 

25.291 Marshal's contempt fund. — 

(1) There shall be established what is 
known as the "marshal's contempt fund," which 
fund shall be comprised of moneys derived from 
the imposition of fines for contempt of the su- 
preme court of the state. 

(2) Any money on deposit in the mar- 
shal's contempt fund shall be secured as other 
public deposits are secured, and said moneys 
shall be used only for the purpose of paying 
incidental expenses as they occur from time to 
time of the supreme court of Florida, and shall 
be paid out only by vouchers signed by the 
marshal of the supreme court of the state, and 
countersigned by the chief justice. 

History.— §1, ch. 57-274. 
Note. — Formerly §25.261. 
cf. — §§18.10 et seq. Deposits of money in the banks of the state. 

25.301 Decisions to be filed; copies to be 
furnished. — All decisions and opinions deliv- 
ered by said court or any justice thereof in re- 
lation to any action or proceeding pending in 
said court shall be filed and remain in the 
office of the clerk, and shall not be taken out 
except by order of the court; but said clerk 
shall at all times be required to furnish to any 
person who may desire the same certified copies 



Ch. 25 



SUPREME COURT OP FLORIDA 



Ch. 25 



of such opinions and decisions, upon receiving 
his fees therefor. 

History.— §1, ch. 57-274. 
Note.— Formerly §25.28. 
cf.— §25.241(3) Clerk of supreme court; filing lees. 

25.311 Distribution of volumes. — Copies of 
the reports of the decisions of the supreme court 
and of the district court of appeals shall be 
distributed as follows: to the governor, and to 
each cabinet officer, except to the attorney 
general, to each of the justices of the supreme 
court, to each judge of the district courts of 
appeal, to each circuit judge, to each county 
judge, to each judge of county courts, to each 
solicitor of county courts, to each prosecuting 
attorney, to each judge of a criminal or civil 
court of record, to each state attorney, to each 
county solicitor of a court of record, to each 
state university and legal depository, and two 
bound copies thereof to the attorney general. 
A bound copy thereof shall be transmitted by 
mail or express to the governor of each state 
and territory which sends the reports of its 
courts to this state. A bound copy thereof shall 
be transmitted to the clerks of the United 
States district courts, for the use of the judges 
of said courts, in the northern and southern 
districts of Florida, in each city in the state 
where sessions of said courts are now appoint- 
ed by law to be held, and three bound volumes 
to the clerk of the United States circuit court of 
appeals for the fifth circuit. 

History.— §1, ch. 57-274; §2, ch. 63-570. 

Note.— Formerly §25.38. 

25.321 Volumes to be resupplied. — A copy 
of reports of decisions of the supreme court 
and district courts of appeal shall be supplied 
or resupplied to all public officers entitled to 
be furnished a copy thereof by law, where such 
copy has never been furnished to such officers, 
or any predecessors in office, or where the same 
shall have been lost or destroyed without 
the fault of the officer, provided that the fact 
that such officer or his predecessors have never 
been supplied with such copy, or the loss or 
destruction thereof be made to appear by an 
affidavit filed with the proper officer of this 
state. 

History.— §1, ch. 57-274. 
Note. — Formerly §25.39. 

25.331 Reports to remain the property of 
the state. — All supreme court reports hereto- 
fore furnished to public officers of this state, 
or that may hereafter be supplied to them, shall 
continue to remain the public property of the 
state, and shall belong to the public office of 
the officer to whom they are supplied for the 



official use of their successors in office in 
perpetuam. 

History.— §1, ch. 57-274. 
Note. — Formerly §25.40. 

25.341 Library of supreme court, custodian. 

— The library of the supreme court shall be in 
custody of the librarian appointed by the court, 
who shall be subject to its direction. 

History.— §1, ch. 67-274. 
Note.— Formerly §25.41. 

25.351 Acquisition of books. — Books for the 
library of the supreme court may be acquired: 

(1) BY PURCHASE.— As the supreme court 

(2) BY EXCHANGE.— Such number of re- 
ports, statutes and journals as shall be obtained 
by the chief justice upon his request from the 
secretary of state shall be exchanged by the 
librarian with appropriate authorities of the 
United States and other states and territories 
for corresponding numbers of their reports. 

History.— §1, ch. 67-274. 
Note. — Formerly §25.42. 

25.361 Obtaining state publications for ex- 
change purposes. — The supreme court is hereby 
authorized, for the purpose of making ex- 
changes, to obtain copies of the report of the 
decisions of the supreme court and district 
courts of appeal, any of the Florida session 
laws, the Florida Statutes, or any other publi- 
cation of the state available for distribution 
and exchange for any book or publication 
needed for use in the supreme court library. 

History.— §1, ch. 67-274. 
Note.— Formerly §25.441. 

25.371 Rules, effect of.— When a rule is 
adopted by the supreme court concerning prac- 
tice and procedure, and such rule conflicts with 
a statute, the rule supersedes the statutory 
provision. 

History.— §1, ch. 57-274. 
Note. — Formerly §25.47. 

25.381 Reports; publication; purchase and 

distribution. — The reports of the opinions of 
the supreme court and the district courts of ap- 
peal shall be known as Florida Cases. In July, 
1963, and every second year thereafter until 
otherwise provided by law, the supreme court 
and the attorney general shall jointly enter 
into a contract with West Publishing Company, 
St. Paul, Minnesota, providing for the publica- 
tion and distribution of such volumes of Florida 
Cases as necessary to furnish copies thereof to 
the officers and institutions as required or au- 
thorized by law. 

The volumes of such reports purchased by 
the state under such contract shall be paid for 
from the circuit and other state court fund as 
appropriated from general state revenue. 

History.— §1, ch. 67-274; §1, ch. 63-570. 



Cii. 2G 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



CHAPTEE 26 
CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



26.01 


Judicial circuits and judges. 


26.28 


26.011 


Census commission, judicial circuits. 


26.29 


26.02 


First circuit. 


26.30 


26.03 


Second circuit. 


26.31 


26.04 


Third circuit. 


26.32 


26.05 


Fourth circuit. 


26.33 


26.051 Additional judges for fourth circuit. 


26.34 


26.06 


Fifth circuit. 


26.35 


26.07 


Sixth circuit. 


26.36 


26.071 Judges for the sixth circuit. 


26.361 


26.08 


Seventh circuit. 


26.362 


26.09 


Eighth circuit. 


26.37 


26.10 


Ninth circuit. 


26.38 


26.11 


Tenth circuit; census. 




26.12 


Eleventh circuit. 


26.39 


26.13 


Twelfth circuit. 


26.40 


26.14 


Thirteenth circuit. 




26.15 


Fourteenth circuit. 


26.41 


26.16 


Fifteenth circuit: census approved. 


26.42 


26.161 Sixteenth circuit. 


26.43 


26.162 


Seventeenth circuit. 


26.44 


26.17 


Distribution of circuit judges. 




26.18 


Appointment of circuit judges. 


26.45 


26.19 


Abatement of actions because of change 
of judge, etc. 


26.46 


26.20 


Availability of judge for hearings in 


26.47 




chambers. 


26.49 


26.21 


Terms of circuit courts. 


26.50 


26.22 


First judicial circuit. 


26.51 


26.23 


Second judicial circuit. 


26.52 


26.24 


Third judicial circuit. 


26.53 


26.25 


Fourth judicial circuit. 


26.55 


26.26 


Fifth judicial circuit. 




26.27 


Sixth judicial circuit. 





26.01* Judicial circuits and judges. — The 

state is divided into sixteen judicial circuits, 
each of which embraces more than fifty thou- 
sand inhabitants according to the last preced- 
ing state or federal census, and the county or 
counties composing each of said circuits, to- 
gether with the number of circuit judges 
therein, respectively, are as set forth in 
§§26.02-26.161. 

History.— §1, ch. 5120, 1903; GS 1796; fl, ch. 6197, 1911; 
§1, ch. 6198, 1911; RGS 3026; COL 4769; §§1, 5, ch. 17085, 
1935; §10, ch. 27991, 1953. 
cf.— §6, Art V, Const. 

26.011 Census commission, judicial cir- 
cuits. — 

(1) APPOINTMENT OF COMMISSION- 
ERS. — When it shall be deemed advisable by 
the governor that the population of any judicial 
circuit be determined, he may from time to 
time appoint three commissioners from such 
judicial circuit who shall obtain from the 
United States census bureau an outline of 
proper criteria other than by the actual count- 
ing of individuals, to be used by said commis- 
sioners for the purpose of determining the pop- 
ulation of said circuit, and the commissioners 



•Seventeenth Judicial circuit created by ch. 63-470; Dependent 
upon ratification ol amendment to 86, Art. V state const., 
adopted by the legislature of 1963, to take effect on December 
1, 1964. 



Seventh judicial circuit. 

Eighth judicial circuit. 

Ninth judicial circuit. 

Tenth judicial circuit. 

Eleventh judicial circuit. 

Twelfth judicial circuit. 

Thirteenth judicial circuit. 

Fourteenth judicial circuit. 

Fifteenth judicial circuit. 

Sixteenth judicial circuit. 

Seventeenth judicial circuit. 

Judge to attend first day of term. 

Judge to state reason for non-attend- 
ance. 

Penalty for non-attendance of judge. 

Adjournment of court upon non-attend- 
ance. 

Circuit judges conservators of the peace. 

Calling docket at end of term. 

Temporary assignment of judges. 

Penalty for failure of judge to obey 
orders. 

Jurisdiction of assigned circuit judge. 

Jurisdiction of resident judge after 
assignment. 

Extra compensation of circuit judges. 

Executive officer of circuit court. 

Sheriff to purchase articles for court. 

Compensation of circuit judges. 

Traveling expenses, circuit judges. 

Jurisdiction in criminal cases. 

Conference of circuit judges; report of 
attorney general to legislature. 



shall thereupon forthwith proceed in accord- 
ance with said criteria to determine the number 
of inhabitants of such circuit. In making their 
determination the commissioners shall also, 
after public notice, hold a public hearing or 
hearings at such place or places in the circuit 
as they deem advisable to receive such further 
proof needed to assist them in determining the 
number of such inhabitants. After the conclu- 
sion of its study and after the public hearings 
to be held, as aforesaid, the commissioners 
shall make proof to the governor, first, of the 
establishment of criteria by the United States 
census bureau and second, its findings based 
thereon. It shall also forward to the governor 
certified transcript of the record taken at the 
public hearings to be held as aforesaid. 

(2) PROCLAMATION BY GOVERNOR.— 
The findings by any such commission or com- 
missioners as to the number of inhabitants or 
the population of any judicial circuit when 
proclaimed by the governor shall have the same 
force and effect in law as if according to a 
census taken pursuant to either federal or state 
law insofar as a census affects the number of 
circuit judges permitted by law but such deter- 
mination shall not otherwise be effective for 
any purpose. 

(3) The commissioners shall not be paid any 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



compensation but shall be reimbursed for trav- 
eling expenses as provided in §112.061. 

History.— §§1-3, ch. 31395, 1956; (3) §19, ch. 63-400. 

26.02 First circuit.— 

(1) The first circuit is composed of Escam- 
bia, Okaloosa, Santa Eosa and Walton counties, 
and shall have one circuit judge for each 50,000 
inhabitants or major fraction thereof, in said 
circuit according to the most recent official 
census. No two of said judges may be legal 
residents of the same county. 

(2) This act shall take effect on the first 
Tuesday after the first Monday in January, 
1957; provided however, that the vacancy 
hereby created shall be filled at the 1956 gen- 
eral election, nominations for which office may 
be made in the general primary elections in 
1956. 

History.— §2, ch. 5120, 1903; GS 1797; §1, ch. 6197, 1911; 
§2, ch. 6198, 1911; §2, ch. 6937, 1915; RGS 3027; CGL 4780; 
§1, ch. 17085, 1935; §1, ch. 22813, 1945; §§1, 2, ch. 29630, 1955. 

26.03 Second circuit. — The second circuit is 
composed of Leon, Gadsden, Jefferson, Wakulla, 
Liberty, and Franklin counties, and shall have 
one circuit judge for each fifty thousand in- 
habitants or major fraction thereof, in said 
circuit, according to the most recent official 
census. 

History.— RS 1360; §3, ch. 5120, 1903; GS 1798; §3, ch. 
6197, 1911; §1, ch. 6198, 1911; RGS 3028; CGL 4781; §1, ch. 
17085, 1935; §1, ch. 28260, 1953. 

26.04 Third circuit. — The third circuit is 
composed of Columbia, Dixie, Hamilton, Lafay- 
ette, Madison, Suwannee and Taylor counties, 
and shall have two circuit judges. 

History.— RS 1361; 84, ch. 5120, 1903; GS 1799; §4, ch. 6197, 
1911; §1, ch. 6198, 1911; RGS 3029; §2, ch. 8514, 1921; CGL 
4782; §1, ch. 17085, 1935. 

26.05 Fourth circuit. — The fourth circuit is 
composed of Clay, Duval and Nassau counties, 
and shall have three circuit judges in addition 
to the circuit judge of the circuit court of Duval 
county appointed under the provisions of 
§§6, 26(8), Art. V, of the Florida constitution. 

History.— RS 1362; §5, ch. 5120, 1903; GS 1800; §5, ch. 
6197, 1911; §1, ch. 6198, 1911; §2, ch. 7399, 1917; RGS 3030; 
§1, ch. 8486, 1921; §4, ch. 12437, 1927; CGL 4783; §1, ch. 
17085, 1935. 

26.051 Additional judges for fourth cir- 
cuit. — 

(1) There shall be two additional circuit 
judges of the fourth judicial circuit of Florida, 
composed of Clay, Duval and Nassau counties, 
in addition to the three circuit judges of said 
circuit heretofore provided for, and also in ad- 
dition to the circuit judge of the circuit court 
of Duval county, as provided by §§6, 26(8), 
Art. V, of the Florida constitution. 

(2) The additional circuit judge for the 
fourth judicial circuit of Florida shall have all 
the powers and perform all the duties that are 
or may be provided or prescribed by the Florida 
constitution or by Florida statute, for circuit 
judges, and all Florida statutes concerning cir- 
cuit judges shall apply to him; and he shall 
receive the same compensation and allowances 
for expenses as other circuit judges of said 
circuit. 



(3) The fourth judicial circuit, composed 
of Clay, Duval and Nassau counties, shall have 
one circuit judge for each 50,000 inhabitants or 
major fraction thereof, according to the last 
official statewide census, in said circuit, in ad- 
dition to the additional judge for the fourth 
judicial circuit now provided in Art. V of 
the constitution of Florida. Nothing in this sub- 
section shall disturb the terms of incumbent 
judges. 

History.—? § 1, 2, ch. 22618, 1945; (1) §1, ch. 28171, 1953; 
(3)n. §§1, 2, ch. 57-731. 

26.06 Fifth circuit.— The fifth circuit is 
composed of Citrus, Hernando, Lake, Marion 
and Sumter counties, and shall have two circuit 
judges. 

History.— RS 1363; §1, ch. 4227, 1893; §6, ch. 5120, 1903; 

GS 1801; |6, ch. 6197, 1911; §1, ch. 6198, 1911; §3, ch. 7847, 

1919; RGS 3031; §§1, 3, Ch. 9164, 1923; §1, Ch. 12436, 1927; 
CGL 4784, 4795, 4803; §1, ch. 17085, 1935. 

26.07 Sixth circuit. — The sixth circuit is 
composed of Pasco and Pinellas counties. 

History.— RS 1364; §1, ch. 4227, 1893; §7, ch. 6120, 1903; 

GS 1802; §7, ch. 6197, 1911; §1, ch. 6198, 1911; §1, ch. 6975, 

1915; RGS 3032; §2, ch. 8515, 1921; §1, ch. 9162, 1923; CGL 
4785; §1, ch. 17085, 1935; §1, ch. 29993, 1955. 

26.071 Judges for the sixth circuit. — The 

number of judges of the sixth judicial circuit 
shall be one for every 50,000 inhabitants, or 
major fraction thereof, as may be determined 
pursuant to law, providing, that one of the said 
circuit judges shall reside in and be appointed 
or elected from Pasco county. 

History.— §§1-3, ch. 22943, 1945; (1) §1, Ch. 26727, 1951; (3) 
§10, Ch. 26484, 1951; §2, ch. 29993, 1955. 

26.08 Seventh circuit. — 

(1) The seventh circuit is composed of 
Flagler, Putnam, St. Johns, and Volusia coun- 
ties, and shall have one circuit judge for each 
50,000 inhabitants, or a major fraction thereof, 
in said circuit according to the latest official 
decennial census, whether the latter be by ac- 
tual count or by a census commission appointed 
pursuant to general law. No two judges shall 
reside in the same county unless and until the 
total number of judges in the circuit shall ex- 
ceed three in number, after which no more than 
three shall reside in the same county. 

(2) A candidate for circuit judge residing 
in the county wherein the largest number of 
circuit judges reside shall not be eligible to 
qualify for election to the office of circuit judge 
in opposition to a circuit judge residing in any 
other county in said circuit. 

History.— RS 1365; §8, ch. 5120, 1903; GS 1803; §8, ch. 6197, 
1911; §1, ch. 6198, 1911; §§1, 2, ch. 7351, 1917; §2, ch. 7401, 
1917; §2, ch. 7847, 1919; RGS 3033; §1, ells. 12434, 12437, 1927; 
CGL 4786, 4804; §1, ch. 17085, 1935; §1, ch. 26986, 1951; §1, 
Ch. 29975, 1955; §1, ch. 61-521. 

26.09 Eighth circuit. — The eighth circuit is 
composed of Alachua, Baker, Bradford, Gil- 
christ, Levy and Union counties, and shall have 
two circuit judges. 

History.— §9, ch. 5120, 1903; GS 1804; §9, ch. 6197; §1, ch. 
6198, 1911; RGS 3034; §1, ch. 8486; §2, ch. 8516, 1921; §2, 
ch. 11371, 1925; §4, ch. 12437, §§1, 2, ch. 12438, 1927; CGL 
4787, 4805; §1, ch. 17085, 1935. 

26.10 Ninth circuit.— 

(1) The ninth judicial circuit is composed 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



of Brevard, Indian River, Martin, Okeechobee, 
Orange, Osceola, Seminole, and St. Lucie coun- 
ties, and shall have one circuit judge for each 
fifty thousand inhabitants, or major fraction 
thereof, as may be determined pursuant to law. 
Each of said judges shall have all of the powers 
and perform all of the duties that are or may be 
provided or prescribed by the constitution or 
statutes of the state for circuit judges, and all 
Florida Statutes concerning circuit judges shall 
apply to each; and each shall receive the com- 
pensation and allowance for expenses as is or 
may be provided by law. 

(2) For the purposes of this law the ninth 
judicial circuit is divided into divisions as 
follows : 

Division A, consisting of Orange and Osceloa 
counties ; 

Division B, consisting of Seminole and Bre- 
vard counties; 

Division C, consisting of Indian River, St. 
Lucie, Martin, and Okeechobee counties. 

(3) (a) The eight judges now authorized for 
the circuit by pre-existing law shall reside as 
follows : 

1. Four judges in division A; 

2. One judge in Brevard county; 

3. One judge in Seminole county; 

4. Two judges in division C. 

(b) Future judges authorized under the 
terms hereof shall reside as follows : 

1. The ninth judge to which the circuit shall 
be entitled shall reside in Brevard county; 

2. The tenth judge to which the circuit shall 
be entitled shall reside in division A ; 

3. The eleventh judge to which the circuit 
shall be entitled shall reside in division C ; pro- 
vided, no county in said division C shall have 
more than one resident circuit judge. 

4. All judges over eleven to which the cir- 
cuit shall be entitled hereunder shall reside in 
such divisions as may be necessary so that 
each division shall have one judge for each full 
50,000 inhabitants. 

5. In the event the circuit shall be entitled 
to one or more judges whose residence is not 
otherwise determined hereunder, then the first 
such judge shall reside in the division having 
the largest population after subtracting 50,000 
inhabitants for each judge to which the division 
is otherwise entitled hereunder; the second 
such judge shall reside in the division having 
the second largest population after subtracting 
50,000 inhabitants for each judge to which the 
division is otherwise entitled hereunder; the 
third such judge shall reside in the division 
having the third largest population after sub- 
tracting 50,000 inhabitants for each judge to 
which the division is otherwise entitled here- 
under. 

(4) When there are published but unofficial 
figures of the United States census bureau for 
the 1960 federal census available to the gover- 
nor, for the counties of the ninth judicial cir- 
cuit, he may, after consulting with the United 
States census bureau, make such deductions 
from such published but unofficial figures as he 
may find necessary to safely and reliably estab- 



lish specific figures as minimum population 
figures from such census for such counties and 
for the circuit and may then proclaim such 
figures as minimum populations of such coun- 
ties, and of the circuit as a whole, for purposes 
of this act. Upon such figures being proclaimed 
as minimum figures, he shall appoint the judge 
or judges for the additional judgeship or judge- 
ships (if any) which would in any event be 
provided hereunder based on such minimum 
population figures. If later final figures of the 
United States census bureau for such census 
shall show the ninth judicial circuit to be en- 
titled to a judgeship or judgeships additional 
to any to which it is entitled based on such 
minimum population figures, the governor shall, 
as soon as convenient after such final figures 
are published, proceed to appoint the additional 
judge or judges to which such circuit is en- 
titled hereunder; provided, however, that in no 
event shall any official or unofficial figures of 
the 1960 United States census become effective 
for purposes of this act until December 1, 1960; 
and provided, further, that nothing herein con- 
tained shall preclude the governor from at any 
time, proceeding under §26.011. 

(5) When there is no judge residing in Os- 
ceola county, the senior judge shall assign a 
judge for service one day each week in said 
county. 

History.— §1, ch. 7847, 1919; §2, ch. 9164, 1923; §2, chs. 
10079, 10148, 10180, 1925; §2, ch. 12434, 1927; CGL 4796, 4800, 
4802; SI, ch. 26815, 1951; (2) n. §§1, 2, ch. 57-50; $§1-5, ch. 
59-1005; |2, Ch. 61-530. 

26.11 Tenth circuit; census. — 

(1) The tenth circuit is composed of Hardee, 
Highlands and Polk counties and shall have 
one circuit judge for each fifty thousand in- 
habitants or major fraction thereof, as may be 
determined pursuant to law. One of the circuit 
judges shall reside outside Polk county. 

(2) (a) The official count of the population 
of the counties of the circuit as taken in the 
year 1950, or subsequent years thereto, which- 
ever census is the last, by the federal bureau 
of the census, the commissioner of agriculture 
of the state, or by any other commission, com- 
missioners, or census officially provided for by 
act of the legislature, as certified to the re- 
spective boards of county commissioners of 
said counties, is hereby provided for and shall 
be the official census of the inhabitants of each 
county. If the census of one or more of the 
counties of the circuit is taken and no new 
census is taken of the other county or counties 
then the official census of the circuit shall be 
the new census of the county or counties taken 
plus the latest official census of the other 
county or counties. 

(b) The aforesaid census of each county 
shall be combined and the aggregate total pop- 
ulation of said counties shall be recognized and 
is hereby declared to be the official census of 
the inhabitants of the tenth judicial circuit of 
the state. 

(c) The aforesaid census population as to 
said counties and said tenth judicial circuit, 
shall entitle said tenth judicial circuit to the 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



benefit of the provisions of §6, Art. V of the 
state constitution and of §26.11. 

History.— Jl, ch. 6198, 1911; jl, ch. 6975, 1915; Jl, ch. 
7845, 1919; RGS 3036; CGL 4789; §2, ch. 10082, 1925; §1, ch. 
17085, 1935; §§1, 2, ch. 28021, 1953; (1) §1, ch. 29974, 1955; 

51, Ch. 31417, 1956. 

26.12 Eleventh circuit. — The eleventh circuit 
is composed of Dade county and shall have 
one circuit judge for each fifty thousand in- 
habitants, or major fraction thereof, in said 
circuit, according to the most recent official 
census. 

History.— Jl, ch. 6198, 1911; Jl. ch. 6975, 1915; S3, ch. 7351, 
1917; RGS 3037; Jl, ch. 10084, 1925; CGL 4790, 4799; Jl, ch. 
17085, 1935; Jl, ch. 17774, 1937; 51, ch. 26952, 1951. 

26.13 Twelfth circuit.— The twelfth circuit 
is composed of Charlotte, Collier, DeSoto, 
Glades, Hendry, Lee, Manatee and Sarasota 
counties, and shall have one circuit judge for 
each 50,000 inhabitants, or major fraction 
thereof, in said circuit according to the latest 
official census. 

History.— §1, ch. 6198, 1911; Jl. ch. 6975, 1915; J2, ch. 7845, 
1919; Jl, ch. 8476, 1921; §2, ch. 8513, 1921; 82, ch. 8515, 1921; 

52, chs. 9360, 9362, 1923; §2, ch. 10082, 1925; Jl, ch. 12440, 
1927; RGS 3032, 3036; CGL 4791, 4797, 4798, 4806; Jl, ch. 17085, 
1935; Jl, Ch. 29986, 1955. 

26.14 Thirteenth circuit.— The thirteenth 
circuit is composed of Hillsborough county, and 
shall have five circuit judges. 

History.— 52, ch. 6975, 1915; RGS 3038; §§1-3, ch. 9161, 1923; 
CGL 4779, 4792; Jl, ch. 17085, 1935; §10, ch. 26484, 1951; Jl, 
Ch. 57-734. 

26.15 Fourteenth circuit. — The fourteenth 
circuit is composed of Bay, Calhoun, Gulf, 
Holmes, Jackson and Washington counties and 
shall have one circuit judge for each 50,000 
inhabitants or major fraction thereof, in said 
circuit, according to the most recent official 
census ; provided that after beginning a tenure 
in office no two judges shall reside in the same 
county. 

History.— §1, ch. 6198, 1911; JJ1, 2, ch. 6976, 1915; RGS 
3035, 3039; Jl, ch. 10076, 1925; jl, ch. 12441, 1927; Jl, ch. 
17085, 1935; CGL 4788, 4793, 4794, 4807; Jl, ch. 29946, 1955. 

26.16 Fifteenth circuit; census approved. — 

(1) The fifteenth circuit is composed of 
Broward and Palm Beach counties. The number 
of judges of said circuit shall be one for every 
fifty thousand inhabitants, or mayor fraction 
thereof, as may be determined pursuant to law. 

(2) (a) The official count of the popula- 
tion of the counties of Broward and Palm Beach 
as made and taken in the year 1955, or subse- 
quent years thereto, whichever census is the 
last, by the federal bureau of the census, or 
the commissioner of agriculture of the state, as 
certified to the respective boards of county com- 
missioners of said counties, is hereby provided 
for and shall be the official census of the in- 
habitants of each county. 

(b) The aforesaid census of each county 
shall be combined and the aggregate total pop- 
ulation of said counties shall be recognized 
and is hereby declared to be the official census 
of the inhabitants of the fifteenth judicial cir- 
cuit of the state. 

(c) The aforesaid census population as to 



said counties and said fifteenth judicial circuit, 
shall entitle said fifteenth judicial circuit to 
the benefits of the provisions of §6, Art. V, 
of the state constitution and of §26.16, Florida 

Statutes. 

History.— §1, ch. 7351, 1917; RS 3040; Jl, Ch. 10079, 1925; 
Jl, ch. 12433, 1927; RGS 3040; CGL 4794, 4801; Jl, ch. 17085, 
1935; Jl, ch. 21637, 1943; (2) J§l-3, ch. 29633, 1955. 

♦26.16 Fifteenth circuit; census approved. — 

(1) The fifteenth circuit Is composed of Palm Beach county. 

History.— §1, ch. 63-470. 

•Note. — This amendment to §26.16 shall take effect on Decem- 
ber 1, 1964, subject to ratification of an amendment to §6, 
Art. V, adopted by the legislature of 1963. 

26.161 Sixteenth circuit. — The sixteenth ju- 
dicial circuit is composed of Monroe county 
and shall have one circuit judge. 

History.— §2, ch. 26952, 1951. 

•26.168 Seventeenth circuit.— The seventeenth judicial circuit 
is composed of Broward county. 

The commission heretofore issued to a judge residing In a 
judicial circuit of which this new judicial circuit was a part, 
shall remain as the commission of such individual as Judge 
of the new judicial circuit in which he resides. The term of 
the commission shall In nowise be affected by the creation 
of such new judicial circuit. 

History.— §§2, 5, ch. 63-470. 

•Note. — This new section shall take effect on December 1, 
1964, subject to ratification of an amendment to §6, Art. V, 
adopted by the legislature of 1963. 

26.17 Distribution of circuit judges. — In 

circuits of more than one county and only two 
circuit judges, except the sixth circuit, both 
judges shall not reside in the same county; in 
the second circuit one judge shall reside in Leon 
county, and the other judge in one of the other 
counties of said circuit; in the seventh circuit 
one judge shall reside in Volusia county, and 
the other judge in one of the other counties of 
said circuit; in the ninth circuit one judge 
shall reside in either Seminole or Brevard 
county, one judge in Orange or Osceola county 
and one judge in Indian River, Okeechobee, St. 
Lucie or Martin county; in the tenth circuit 
one judge shall reside in a county other than 
Polk, and the other judge shall reside in Polk 
county; in the twelfth circuit one judge shall be 
appointed from and be an actual bona fide 
resident of Lee county and shall reside in Lee 
county during the continuance of his term. 

History.— §J1, 2, Ch. 17085, 1935; CGL 1936 Supp. 4738(3), 
4781; J2, ch. 22813, 1945; J 14, ch. 29615, 1955. 

26.18 Appointment of circuit judges. — No 

circuit judge shall ever be appointed to any 
vacancy or to any term of office except as au- 
thorized under the provisions of §6, art. V, of 
the constitution of Florida. 

History.— §6, ch. 17085, 1935; CGL 1936 Supp. 4769(2). 

26.19 Abatement of actions because of 
change of judge, etc. — No civil or criminal 
cases, suits in equity, actions at law, statutory 
or otherwise; and no writs, process, pleading, 
motion, information, presentment, indictment or 
other proceedings, order, finding, decree, judg- 
ment or sentence, shall abate, be quashed, set 
aside, reversed, qualified, dismissed, defeated, 
or held to be in error because of the changes 
in any circuit or circuits, or judge or judges, 
state attorneys or other prosecuting officers. 

History.— §5, ch. 17085, 1935; CGL 1936 Supp. 4738(5). 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



26.20 Availability of judge for hearings in 
chambers. — In circuits having more than one 
circuit judge, at least one of said judges shall 
be available as nearly as possible at all times 
to hold and conduct hearings in chambers. 

History.— §4, ch. 11085, 1935; CGL 1936 Supp. 4738(4). 

26.21 Terms of circuit courts. — At least two 
regular terms of the circuit court shall be held 
in each county each year, as hereinafter pro- 
vided, also such special term or terms that may 
be necessary from time to time. Regular and 
special terms of court may be held and be in 
session, in the same or different counties of 
any circuit, simultaneously; provided, that sep- 
arate minutes of each term, whether regular or 
special, shall be kept by the clerk. The time for 
holding the terms of the circuit court in the 
several judicial circuits shall be as set forth in 
§§26.22-26.36. 

History.— §1, ch. 1561, 1866; BS 1373; ft, ch. 5121, 1902; 
GS 1813; RGS 3041; CGL 4808; |1, ch. 6173, 1911; §§4, 4A, 
ch. 17085, 1935. 

26.22 First judicial circuit.— 

SPRING TERMS. 

Escambia county, second Monday in June. 
Okaloosa county, last Monday in April. 
Santa Rosa county, second Monday after the 
second Monday in May. 
Walton county, second Monday in May. 

FALL TERMS. 

Escambia county, second Monday in October. 
Okaloosa county, last Monday in August. 
Santa Rosa county, second Monday after the 
second Monday in September. 
Walton county, second Monday in September. 

WINTER TERMS. 

Escambia county, second Monday in Febru- 
ary. 

Okaloosa county, second Monday in Decem- 
ber. 

Santa Rosa county, second Monday after the 
second Monday in January. 

Walton county, second Monday in January. 

History.— §1, ch. 5121, 1902; GS 1805; §2, ch. 6173, 1911; 
82, ch. 6937, 1915; §§1, 2, ch. 7400, 1917; RGS 3042; §1, ch. 
8522, 1921; §1, ch. 9342, 1923; §1, Ch. 9364>/ 2 , 1923; §1, ch. 
10078, 1925; CGL 4809. 

26.23 Second judicial circuit. — 

SPRING TERMS. 

Wakulla County, first Monday in March. 
Franklin County, third Monday in March. 
Gadsden County, first Monday in April. 
Jefferson County, fourth Monday in April. 
Liberty County, second Monday in May. 
Leon County, first Monday in June. 

FALL TERMS. 

Wakulla County, second Monday in Septem- 
ber. 

Franklin County, fourth Monday in Septem- 
ber. 

Gadsden County, second Monday in October. 

Jefferson County, first Monday in November. 



Liberty County, third Monday in November. 
Leon County, first Monday in December. 

History.— RS 1367; §2, ch. 5121, 1902; GS 1806; §3, ch. 
6173, 1911; §1, ch. 6459, 1913; RGS 3043; §1, ch. 8484, 1921; 
§1, ch. 9165, 1923; §1, Ch. 11885, 1927; CGL 4810; §1, ch. 
14695, 1931; §1, Ch. 20230, 1941; §7, ch. 22858, 1945; §1, ch. 
26988, 1951. 

26.24 Third judicial circuit. — 

SPRING TERMS. 

Lafayette county, second Monday in January. 
Dixie county, fourth Monday in January. 
Hamilton county, second Monday in Febru- 
ary. 

Taylor county, first Monday in March. 
Madison county, fourth Monday in March. 
Suwannee county, third Monday in April. 
Columbia county, second Monday in May. 

FALL TERMS. 

Lafayette county, third Monday in July. 
Dixie county, first Monday in August. 
Hamilton county, third Monday in August. 
Taylor county, second Monday in September. 
Madison county, first Monday in October. 
Suwannee county, fourth Monday in October. 
Columbia county, third Monday in November. 

History.— §3, ch. 5121, 1902; GS 1807; §4, ch. 6173, 1911; RGS 
3044; §1, ch. 7844, 1919; §22, ch. 8514, 1921; COL 4811; 81, 
ch. 13582, 1929; §1, ch. 15912, 1933; §1, ch. 29631, 1955. 

26.25 Fourth judicial circuit. — 

SPRING TERMS. 

Clay county, first Monday in April. 
Duval county, first Monday in May. 
Nassau county, third Monday in April. 

FALL TERMS. 

Clay county, first Monday in October. 

Duval county, first Monday in November. 

Nassau county, third Monday in October. 

History— §4. ch. 5121; GS 1808; §5, ch. 6173, 1911; §§1-4, 
Ch. 7348, 1917; RGS 3045; §1, ch. 9282, 1923; §4, Ch. 12437, 
1927; CGL 4812. Former section r. 82, ch. 26326, 1949; §1, ch. 
26326, 1949. 

26.26 Fifth judicial circuit.— 

SPRING TERMS. 

Sumter county, second Tuesday in January. 
Citrus county, first Tuesday in February. 
Hernando county, first Tuesday in March. 
Marion county, first Tuesday in April. 
Lake county, first Tuesday in May. 

FALL TERMS. 
Sumter county, second Tuesday in July. 
Citrus county, first Tuesday in August. 
Hernando county, first Tuesday in September. 
Marion county, first Tuesday in October. 
Lake county, first Tuesday in October. 

History.— §5, ch. 5121, 1902; GS 1809; 56, ch. 6173, 1911: 
§4, ch. 7847, 1919; RGS 3046; §1, ch. 8485, 1921; §4, ch. 9164, 
1923; 81, ch. 10077, 1925; §1, ch. 11879, 1927; §1, ch. 12435, 
1927; 83, ch. 12436, 1927; CGL 4813, 4824, 4832; §2, ch. 17765, 
1937; §1, ch. 19059, 1939; §1, ch. 29632, 1955; §1, ch. 57-814. 

26.27 Sixth judicial circuit.— 

SPRING TERMS. 
Pasco county, first Tuesday in April. 
Pinellas county, first Monday in May. 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



FALL TEEMS. 

Pasco county, first Tuesday in October. 
Pinellas county, first Monday in December. 

History.— 56, ch. 5121, 1902; GS 1810; 87, ch. 6173, 1911; 
II, ch. 6975, 1915; RGS 3047; §1, ch. 9162, 1923; §1, ch. 9277, 
1923; CGL 4814. 

26.28 Seventh judicial circuit. — 

SPUING TERMS. 

Flagler county, third Monday in May. 
Putnam county, second Monday in March. 
St. Johns county, first Monday in June. 
Volusia county, second Monday in April. 

FALL TERMS. 

Flagler county, second Monday in December. 
Putnam county, second Monday in October. 
St. Johns county, second Monday in Novem- 
ber. 
Volusia county, third Monday in October. 

History.— §7, ch. 5121, 1902; GS 1811; |8, ch. 6173, 1911; 

§§1-3, ch. 6462, 1913; §2, ch. 6901, 1915; §§1-5, ch. 7348, 1917; 

§1, ch. 7846, 1919; §2, ch. 7847, 1919; §2, ch. 8486, 1921; 

§1, ch. 9282, 1923; §1, ch. 9343, 1923; §2, Ch. 10080, 1925; 

§2, ch. 12437, 1927; §1, ch. 15913, 1933; §1, ch. 17766, 1937; 
RGS 3045, 3048, 3049; CGL 4815, 4833. 

26.29 Eighth judicial circuit.— 

SPRING TERMS. 

Alachua county, second Monday in April. 
Baker county, second Monday in January. 
Bradford county, second Monday in May. 
Gilchrist county, first Monday in March. 
Levy county, second Monday in March. 
Union county, fourth Monday in May. 

FALL TERMS. 

Alachua county, second Monday in October. 

Baker county, second Monday in July. 

Bradford county, second Monday in Novem- 
ber. 

Gilchrist county, first Tuesday after the first 
Monday in September. 

Levy county, second Monday in September. 

Union county, fourth Monday in November. 

History.— §8, ch. 5121, 1902; GS 1812; §9, ch. 6173, 1911; 

§§1-3, ch. 6462, 1913; §§1, 2, ch. 6901, 1915; §1, chs. 7846, 

7945, 1919; RGS 3049; §2, ch. 8486, 1921; §25, ch. 8516, 1921; 

§1, ch. 9343, 1923; §2, Ch. 10080, 1925; §18, ch. 11371, 1925; 

§2, Ch. 12014, 1927; §3, Ch. 12438, 1927; §1, Ch. 12439, 1927; 

CGL 4816, 4834; §1, ch. 14497, 1929; §1, ch. 14699, 1931; 

§§1-3, ch. 15914, 1933; §2, ch. 16849, 1935; §§1, 2, ch. 17767, 
1937; §2, ch. 26977, 1951; §1, ch. 57-45. 

26.30 Ninth judicial circuit. — The regular 
spring and fall terms of the circuit court of the 
ninth judicial circuit of the state shall be held 
semiannually at the time hereinafter specified, 
to-wit: 

SPRING TERMS. 
Brevard county — fourth Tuesday in March 
Indian River county — second Tuesday in 
March 
Martin county — second Tuesday in June 
Okeechobee county — second Tuesday in April 
Orange county — first Monday in April 
Osceola county — third Monday in March 
Seminole county — third Tuesday in April 
St. Lucie county — second Tuesday in Feb- 
ruary 



FALL TERMS. 
Brevard county — second Tuesday in October 
Indian River county — second Tuesday in 
October 
Martin county — second Tuesday in January 
Okeechobee county — second Tuesday in No- 
vember 

Orange county — third Monday in October 
Osceola county — third Monday in September 
Seminole county — first Tuesday in November 
St. Lucie county — second Tuesday in Septem- 
ber 

History.— §10, ch. 6173, 1911; §19, ch. 6511, 1913; §§2, 4, 
ch. 7351, 1917; §§1, 4, Ch. 7847, 1919; RGS 3048, 3055; §1, 
ch. 8485, 1921; §1, ch. 8487, 1921; §2, ch. 9164, 1923; §§2, 3, 
ch. 10079, 1925; §1, ch. 10089, 1925; §22, ch. 10148, 1925; 
§22, ch. 10180, 1925; §§1, 2, ch. 11880, 1927; §1, ch. 11883, 
1927; §1, ch. 11884, 1927; §1, ch. 12432, 1927; §3, ch. 12434, 
1927; CGL 4852, 4829, 4831; §1, ch. 17768, 1937; §1, ch. 
19080, 1939; §1, ch. 22056, 1943; §1, ch. 24165, 1947; §11, ch. 
25035, 1949; §1, ch. 25439, 1949; §1, ch. 57-59. 

26.31 Tenth judicial circuit.— 

SPRING TERMS. 

Hardee county, first Tuesday after the second 
Monday in February. 

Highlands county, first Tuesday after the first 
Monday in April. 

Polk county, first Tuesday after the second 
Monday in March. 

FALL TERMS. 

Hardee county, first Tuesday after the second 
Monday in September. 

Highlands county, first Tuesday after the first 
Monday in November. 

Polk county, first Tuesday after the second 
Monday in October. 

History.— §11, ch. 6173, 1911; §1, ch. 6902, 1915; §2, ch. 
7349, 1917; §1, Ch. 7845, 1919; RGS 3051; §§2, 3, ch. 8478, 
1921; §3, ch. 10082, 1925; CGL 4818, 4827; §§1-3, ch. 17769, 
1937. 

26.32 Eleventh judicial circuit.— 

SPRING TERM. 
Dade county, second Tuesday in May. 

FALL TERM. 
Dade county, second Tuesday in November. 

History.— §12, ch. 6173, 1911; §1, ch. 6461, 1913; §3, ch. 
7351, 1917; RGS 3052; §4, ch. 10084, 1925; RGS 3052; CGL 
4819, 4828; §3, ch. 26952, 1951; §1, ch. 26517, 1951. 

26.33 Twelfth judicial circuit.— 

SPRING TERMS. 
Charlotte county — third Monday in January 
Collier county — second Monday in January 
DeSoto county — second Monday in January 
Glades county — fourth Monday in January 
Hendry county — third Monday in January 
Lee county — second Monday in January 
Manatee county — second Monday in January 
Sarasota county — third Monday in January 

FALL TERMS. 

Charlotte county — third Monday in June 
Collier county — second Monday in June 
DeSoto county — second Monday in June 
Glades county — fourth Monday in June 
Hendry county — third Monday in June 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



Lee county — second Monday in June 
Manatee county — second Monday in June 
Sarasota county — third Monday in June 

History.— §11, ch. 6173, 1911; §1, ch. 6902, 1915; §1, ch. 6975, 
1915; §2, ch. 7349, 1917; §1, ch. 7844, 1919; RGS 3047, 3051; §§2, 
3, ch. 8476, 1921; §20, ch. 8515, 1921; $3, ch. 9162, 1923; §1, ch. 
9277, 1923; §22, ch. 9360, 1923; §22, ch. 9362, 1923; §§1, 3, ch. 
10082, 1925; §§1, 3, ch. 12440, 1927; COL 4820, 4826, 4827, 4835; 
§§1, 2, ch. 17770, 1937; §1, ch. 21817, 1943; §1, ch. 61-211. 

26.34 Thirteenth judicial circuit. — 

SPRING TERM. 
Hillsborough county, first Tuesday in April. 

FALL TERM. 
Hillsborough county, first Tuesday in Octo- 
ber. 

History.— §7, ch. 6173, 1911; §3, ch. 6975, 1915; RGS 3053; CGL 
4821; §1, ch. 16850, 1935. 

26.35 Fourteenth judicial circuit. — 

SPRING TERMS. 
Bay county — fourth Monday in February 
Calhoun county — fourth Monday in April 
Gulf county — second Monday in February 
Holmes county — second Monday in April 
Jackson county — second Monday in May 
Washington county — fourth Monday in 
March 

FALL TERMS. 
Bay county — fourth Monday in August 
Calhoun county — fourth Monday in Septem- 
ber 
Gulf county — second Monday in August 
Holmes county — second Monday in October 
Jackson county — second Monday in Novem- 
ber 

Washington county — fourth Monday in Octo- 
ber. 

History.— §10, ch. 6173, 1911; §1, ch. 6460, 1913; §4, ch. 6976, 
1915; §2, ch. 7350, 1917; §§1, 2, ch. 7843, 1919; §§1, 4, ch. 7847, 
1919; §§1, 2, Ch. 7946, 1919; RGS 3050, 3054; §1, ch. 8485, 1921; 
§2, ch. 9164, 1923; §2, ch. 10076, 1925; §3, ch. 10079, 1925; §§1, 2, 
ch. 10089, 1925; §22, ch. 10132, 1925; §22, ch. 10148, 1925; §22, ch. 
10180, 1925; §1, ch. 11360, 1925; §§1, 2, ch. 11880, 1927; §1, ch. 
11883, 1927; §1, ch. 12432, 1927; §§3, 4, ch. 12441, 1927; CGL 4817, 
4822, 4836; §§1, 2, ch. 17771, 1937; §1, ch. 17768, 1937; §1, ch. 
21901, 1943. 

26.36 Fifteenth judicial circuit. — 

SPRING TERMS. 

Broward county — second Tuesday in March 
Palm Beach county — first Monday in June 

FALL TERMS. 
Broward county — second Tuesday in October 
Palm Beach county — first Monday in October 

WINTER TERM. 

Palm Beach county — first Monday in Feb- 
ruary 

History.— §12, ch. 6173, 1911; §1, ch. 6461, 1913; §22, ch. 6934, 
1915; §3, ch. 7351, 1917; RGS 3055; §1, ch. 10079, 1925; §1, ch. 
11882, 1927; §3, ch. 12433, 1927; CGL 4823, 4830; §1, ch. 25426, 
1949; §1, ch. 57-138; §1, ch. 57-1994; §1, ch. 63-435. 

•26.S6 Fifteenth judicial circuit.— The terms of court for the 
fifteenth judicial circuit shall be as follows: 

SPRING TERM 
Palm Beach County — first Monday In June 

PALL TERM 
Palm Beach County— first Monday In October 



WINTER TERM 

Palm Beach County— first Monday in February 

History.— §3, ch. 63-470. 

*Note. — This new section shall take effect on December 1, 1964, 

subject to ratification of an amendment to §6, Art. V, adopted 

by the legislature of 1963. 

26.361 Sixteenth judicial circuit. — 

SPRING TERM. 
Monroe county, third Monday in April 

FALL TERM. 
Monroe county, third Monday in October. 

History.— §4, ch. 26952, 1951. 

•26.362 Seventeenth judicial circuit.— The terms of court for the 
seventeenth judicial circuit shall be as follows: 

SPRING TERM 
Broward County — second Tuesday in March 

FALL TERM 
Broward County — second Tuesday in October 
History.— §4, ch. 63-470. 

•Note. — This new section shall take effect on December 1, 1964, 
subject to ratification of an amendment to it. Art. V, adopted 
by the legislature of 1963. 

26.37 Judge to attend first day of term. — 

Each judge of a circuit court is required, unless 
prevented by sickness or other providential 
causes, to attend on the first day of each term 
of the circuit court required by law to be held, 
and upon failure to do so, shall be subject to a 
deduction of one hundred dollars from his sal- 
ary for each and every such default. 

History §1, ch. 252, 1849; RS 1377; GS 1817; RGS 3062; CGL 

4843. 

26.38 Judge to state reason for non-attend- 
ance. — Whenever any judge as aforesaid shall 
make default as aforesaid in consequence of 
sickness or providential interposition, it shall 
be the duty of such judge to state the reasons 
of such failure, in writing, over his official 
signature, to be handed to the clerk of the 
court, who shall enter the same at length on 
the records of the court. 

History.— §2, ch. 252, 1849; RS 1378; GS 1818; RGS 3063; CGL 
4844. 

26.39 Penalty for non-attendance of judge. 

— Whenever such default shall occur, the clerk 
of the court (unless such judge shall file his 
reasons for such default as hereinbefore pro- 
vided) shall certify the fact, under his official 
signature and seal, to the comptroller of the 
state, who shall deduct from the warrants on 
the treasurer, thereafter to be issued in favor 
of the judge making such default, the sum of 
one hundred dollars as aforesaid for every such 
default. 

History.— §3, ch. 252, 1849; RS 1379; GS 1819; RGS 3064; CGL 
4845. 

26.40 Adjournment of court upon non-at- 
tendance. — Whenever any judge shall not at- 
tend on the first day of any term, the court 
shall stand adjourned until twelve o'clock on 
the second day; and if said judge shall not then 
attend, the clerk at that time shall continue all 
causes, and adjourn the court to such time as 
the judge may appoint, or to the next regular 
term, by law established. 

History.— §3, Nov. 23, 1828; RS 1380; GS 1820; RGS 3065; CGL 
4846. 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 23 



26.41 Circuit judges conservators of the 
peace. — The judges of the circuit courts, re- 
spectively, shall be ex-offlcio conservators of 
the peace, and have and exercise, whenever 
they may deem it fit and proper, all the duties 
and powers of justices of the peace in criminal 
cases, except the trial of such cases ; and if they 
see fit, may admit prisoners to bail where it may 
have been refused by any justice of the peace. 

History — §4, Nov. 19, 1828; RS 1312; GS 1777; EGS 3001; 
CGL 4735. 

26.42 Calling docket at end of term. — The 

judge, at each term of the court, after other 
business of the term shall have been disposed 
of, shall call over all the causes standing upon 
the dockets, and make such orders and entries 
therein as shall be found necessary in relation 
thereto. 

History — §19, Nov. 23, 1828; ES 1343; GS 1778; RGB 3002; CGL 
4736. 

26.43 Temporary assignment of judges. — 

When any circuit judge is unable to perform 
the duties of his office on account of absence, 
sickness, disqualification or other disability, or 
because of assignment to special duly, or when 
necessary for the prompt dispatch of the busi- 
ness of the court, said circuit judge or the 
presiding judge of such circuit shall so advise 
the chief justice of the supreme court of this 
state, who shall assign a justice of the supreme 
court, a judge of the district court, or judge of 
another circuit, to perform the duties of such 
judge; provided, however, that no order of as- 
signment shall be necessary if there be another 
judge or judges of the circuit available to per- 
form the duties of such judge, or the presiding 
judge may allocate the business of such judge 
to any judge or judges of the circuit; provided 
further, that should any judge be disqualified 
or recuse himself in any cause, such cause shall 
be reassigned to another judge in accordance 
with the local rules or practice of said circuit 
for assignment of business to the judges 
thereof. 

History.— §2, ch. 1444, 1864; RS 1374; GS 1814; RGS 3057; CGL 
4838; §3, ch. 63-572. 

26.44 Penalty for failure of judge to obey 
orders. — The failure of any judge to perform 
the duty required of him by the governor under 
§26.43 shall be cause of impeachment of such 
judge. 

History.— §3, ch. 1444, 1864; RS 1375; GS 1815; RGS 3058: CGL 
4839. 

26.45 Jurisdiction of assigned circuit judge. 

— When a circuit judge is by executive order 
assigned to hold one or more terms or parts of 
terms in a circuit where he does not reside, the 
judge so assigned shall, for the particular case 
or cases or class of cases or during the term or 
part of term named or specified in the assign- 
ment, have complete jurisdiction when in the 
county to which he is assigned as if he were a 
resident circuit judge; and such jurisdiction 
shall be additional to and concurrent with and 
not exclusive of the resident circuit judge's 
continued jurisdiction over the circuit wherein 
he resides ; and such jurisdiction shall continue 



when necessary for the complete disposition of 
cases by motion in due course after verdict or 
in settling a bill of exceptions presented in due 
course. 

History.— §1, ch. 6900, 1915; RGS 3060; CGL 4841. 

26.46 Jurisdiction of resident judge after 
assignment. — When a circuit judge is assigned 
to another circuit, none of the circuit judges 
in such other circuit shall, because of such as- 
signment, be deprived of or affected in his 
jurisdiction other than to the extent essential 
so as not to conflict with the authority of the 
temporarily assigned circuit judge as to the 
particular case or cases or class of cases, or in 
presiding at the particular term or part of term 
named or specified in the assignment. 

History.— 82, ch. 6900, 1915; RGS 3061; CGL 4842. 

26.47 Extra compensation of circuit judges. 

— Judges temporarily assigned pursuant to 
§26.43 shall in carrying out the duties of their 
orders of assignment be reimbursed for travel- 
ing expenses as provided in §112.061. 

History.— $4, ch. 1444, 1864; RS 1376; GS 1816; RGS 3059; CGL 
4840; §19, ch. 63-400; §4, ch. 63-572. 
cf. — §26.52, Travel expenses. 

26.49 Executive officer of circuit court. — The 

sheriff of the county shall be the executive 
officer of the circuit court of the county. 

History §14, ch. 4, 1845; RS 1396; GS 1841; RGS 3086; CGL 

4869. 

cf.— §30.23, Compensation. 

26.50 Sheriff to purchase articles for court. 

— The judge of the circuit court, at each term 
thereof, shall make a written requisition upon 
the sheriff attending upon said court for such 
stationery or other articles as he may deem 
necessary for the use of the court, and the 
sheriff shall procure the same, and in no other 
way shall the sheriff or other officer of the 
court be authorized to purchase articles at the 
expense of the state; the said requisition shall 
be a sufficient voucher to sustain the claim of 
any person furnishing articles as aforesaid 
against the state. 

History.— §3, ch. 219. 1849; RS 1398; GS 1843; RGS 3088; CGL 
4871. 

26.51 Compensation of circuit judges. — 

(1) Beginning July 1, 1951, the salaries of 
the circuit judges of the state to be paid by 
the state shall be the sum of ten thousand dol- 
lars each per annum and warrants shall be 
drawn by the comptroller in equal monthly in- 
stallments. Provided, however, that nothing 
contained herein shall be so construed as to re- 
duce the salary of any circuit judge in any 
circuit of the state where the salary of said 
judges are supplemented by the counties of said 
circuit. 

History.— SI, ch. 6912, 1915; RGS 3003; §1, ch. 8480, 1921; §1, 
ch. 11335, 1925; §1, ch. 11888, 1927; CGL 4737; §1, ch. 15720, 
1931; §1, ch. 15859, 1933; §§1, 2, ch. 21760, 1943; §§1, 2, ch. 22546, 
1945; (1) §2, ch. 26818, 1951; (2) r. §7, ch. 29615, 1955. 

26.52 Traveling expenses, circuit judges. — 

Each circuit judge shall be reimbursed for trav- 
eling expenses as provided in §112.061. 

History.— §4, ch. 6912, 1915; RGS 3004; §2, ch. 8480. 1921; CGL 
4738; §19, ch. 63-400. 



Ch. 26 



CIRCUIT COURTS, CIRCUITS, JUDGES, ETC. 



Ch. 26 



26.53 Jurisdiction in criminal cases. — The 

circuit courts have exclusive original jurisdic- 
tion in all criminal cases not cognizable by 
inferior courts and final appellate jurisdiction 
in all cases of misdemeanor arising in the crim- 
inal courts of record, the county courts, the 
county judge's courts, the courts of the justices 
of the peace and of all judgments or sentences 
of any municipal court. 

History.— §§2796, 2797 BS 1892; GS 3847; BGS 5941, 5942; CGL 
8207, 8208. 
ct.— §932.01, Jurisdiction In general. 

§932.52 et seq., Appeals from Justice of peace and municipal 
courts. 

26.55 Conference of circuit judges; report 
of attorney general to legislature. — 

(1) For the purpose of implementing the 
provisions of subsection (5), §6, Article V of 
the constitution of Florida there is created and 
established the conference of circuit judges of 
Florida. The conference shall consist of the 
active and retired circuit judges of the several 
judicial circuits of the state. The conference 
shall elect biennially a chairman, whose duty 
it shall be to call all meetings and to appoint 
committees to effectuate the purposes of the 
conference. It is hereby declared to be an offi- 
cial function of each circuit judge to attend 
the meetings of such conference. It if also an 
official function of each circuit judge to partici- 
pate in the activity of each committee to the 



membership of which such judge may be ap- 
pointed. Not less than thirty days next before 
the convening of the regular session of the 
legislature the chairman of the conference shall 
report to the attorney general and also to the 
president of the senate and speaker of the house 
such recommendations as the conference may 
have concerning defects in the laws of Florida 
and such amendments or additional legislation 
as the conference may deem necessary. It is 
declared to be the responsibility of the con- 
ference to consider and make recommendations 
concerning : 

(a) The betterment of the judicial system 
of the state and its various parts ; 

(b) The improvement of rules and methods 
of procedure and practice in the several courts ; 
and 

(c) To report to the attorney general and to 
the supreme court such findings and recom- 
mendations as the conference may have with 
reference thereto. 

(2) The attorney general shall cause to be 
prepared copies of the findings and recommen- 
dations of the conference, and furnish a copy 
thereof to each member of the legislature upon 
the convening of each regular session of the 
legislature. 

History.— SI, ch. 69-273. 

Note. — Provisions formerly contained In 116.06. 
cf. — §6(5), Art. V. Recommendations. 



Ch. 27 



STATE ATTORNEY; PUBLIC DEFENDER 



Ch. 27 



CHAPTER 27 

STATE ATTORNEY; PUBLIC DEFENDER 

PART I STATE ATTORNEY; POWERS, DUTIES, ETC. (§§27.01-27.33) 

PART II PUBLIC DEFENDER; POWERS, DUTIES ETC. (§§27.50-27.58) 



PART I 
STATE ATTORNEY; POWERS, DUTIES, ETC. 



27.01 State attorneys ; number, election, terms. 

27.02 Duties before court. 

27.03 Duties before grand jury. 

27.04 Summoning and examining witnesses for 

state. 

27.05 Assisting attorney general. 

27.06 Habeas corpus and preliminary trials. 
27.08 Surrender of papers, etc. to successor. 

27.10 Obligation as to claims, how discharged. 

27.11 Report upon claims committed to him. 

27.12 Power to compromise. 

27.13 Completion of compromise. 

27.14 Assigning state attorneys to other cir- 

cuits. 

27.15 State attorneys to assist in other cir- 

cuits. 

27.16 Appointment of acting state attorney. 

27.17 Compensation of acting state attorney. 

27.18 Assistant to state attorney. 

27.19 Assistant state attorneys. 

27.20 Apportionment of assistants. 

27.21 Assistants, appointments, terms, in cir- 

cuits of one hundred ninety-two thou- 
sand or less population ; exception. 

27.01 State attorneys; number, election, 
terms. — There shall be a state attorney for each 
of the judicial circuits, who shall be elected at 
the general election by the qualified electors of 
their respective judicial circuits as other state 
officials are elected, and who shall serve for a 
term of four years. 

History 81, ch. 5120, 1903; GS 1796; §1, oh. 6197, 1911; §1, ch. 

6198, 1911; RGS 3026; CGL. 4769; §§1, S-A, ch. 17085, 1935; §1, ch. 
26761, 1951. 

27.02 Duties before court. — The state attor- 
ney shall appear in the circuit court within his 
judicial circuit, and prosecute or defend on 
behalf of the state all suits, applications or 
motions, civil or criminal, in which the state is 
a party. 

History.— 83, ch. 1661, 1868; RS 1344; G3 1779; RGS 3005; CGL 
4739. 
cf. — 86, Art. V, Const. 

27.03 Duties before grand jury. — Whenever 
required by the grand jury, the state attorney 
shall attend them for the purpose of examining 
witnesses in their presence, or of giving legal 
advice in any matter before them; and he shall 
prepare bills of indictment. 

History.— §4, ch. 1661, 1868; RS 1345; GS 1780; RGS 3006: CGL 
4740. 
cf.— 88905.16, 905.19, 905.22, 932.17. 

27.04 Summoning and examining witnesses 
for state. — The state attorney shall have sum- 
moned all witnesses required on behalf of the 
state; and he is allowed the process of his 
court to summon witnesses from throughout the 



27.22 



27.222 

27.223 

27.231 
27.24 
27.25 
27.271 



Assistants; appointment, terms, in cir- 
cuits of more than one hundred ninety- 
two thousand population. 

Salaries, state attorneys and assistant 
state attorneys. 

Salaries of state attorneys and assistant 
state attorneys. 

Same; additional exceptions. 

Fees for conviction. 

Stenographers for state attorneys. 

Per diem, mileage and expenses; state 
attorneys and assistant state attor- 
neys. 

Appointment and salary of additional 
assistant in fourteenth judicial circuit. 

Appointment and salary of additional 
assistant state attorneys in fifth ju- 
dicial circuit. 

Appointment, salary, term of office of 
additional assistant, term of other as- 
sistant, eighth judicial circuit. 

Ninth judicial circuit; additional assist- 
ants; terms; salaries. 

Submission of annual budget. 



27.29 
27.30 

27.31 

27.32 

27.33 

state to appear before him in or out of term 
time at such convenient places in the state at- 
torney's judicial circuit and at such convenient 
times as may be designated in the summons, to 
testify before him as to any violation of the 
criminal law upon which they may be interro- 
gated, and he is empowered to administer oaths 
to all witnesses summoned to testify by the 
process of his court or who may voluntarily ap- 
pear before him to testify as to any violation or 
violations of the criminal law. 

History.— 82, ch. 2094, 1877; RS 1346; GS 1781; §10, ch. 7838, 
1919; RGS 3007; CGL 4741; $1, ch. 22634, 1945; 81. ch. 57-290. 

27.05 Assisting attorney general. — In addi- 
tion to the duties now imposed upon the several 
state attorneys of this state, by statute, they 
shall assist the attorney general in the prepara- 
tion and presentation of all appeals to the 
supreme court, from the circuit court of their 
respective circuits, of all cases, civil or crimi- 
nal, in which the state is a party. 

History §1, ch. 5399, 1905; RGS 3008; CGL 4742. 

27.06 Habeas corpus and preliminary trials. 

— The several state attorneys of this state shall 
represent the state in all cases of habeas corpus 
arising in their respective circuits, and he shall 
also represent the state, either in person or by 
assistant, in cases of preliminary trials, of per- 
sons charged with capital offenses, in all cases 
where the committing magistrate shall have 
given him due and timely notice of the time and 
place of such trial, except that in such counties 



Ch. 27 



STATE ATTORNEY; PUBLIC DEFENDER 



Ch. 27 



where there shall be established a criminal 
court of record or county court, then such state 
attorney may not be required to represent such 
proceedings except in cases where a felony is 
charged. Notice of the application for the writ 
of habeas corpus shall be given to the prosecut- 
ing attorney of the court wherein the statute 
under attack is being applied, the criminal law 
proceeding is being maintained, or the convic- 
tion has occurred. 

History.— S3, ch. 5399, 1905; RGS 3010; CGL 4746; 54, Ch. 
29737, 1955. 

27.08 Surrender of papers, etc. to successor. 

— Upon the qualification of the successor of any 
state attorney, the state attorney going out of 
office shall deliver to his successor a statement 
of all cases for the collection of money in favor 
of the state under his control and the papers 
connected with the same, and take his receipt 
for the same, which receipt, when filed with the 
comptroller, shall release such state attorney 
from any further liability to the state upon the 
claims receipted for; and the state attorney 
receiving the claims shall be liable in all re- 
spects for the same, as provided against state 
attorneys in §17.20. 

History.— §4, ch. 1413, 1863; RS 1347; GS 1782; RGS 3018; CGL 
4754; §11, Ch. 25035, 1949. 

27.10 Obligation as to claims, how dis- 
charged. — The charges mentioned in §17.20, 
shall be evidence of indebtedness on the part of 
any state attorney against whom any charge is 
made for the full amount of such claim to the 
state until the same shall be collected and paid 
into the treasury or sued to insolvency, which 
fact of insolvency shall be certified by the cir- 
cuit judge of his circuit, unless said state attor- 
ney shall make it fully appear to the comptrol- 
ler that the failure to collect the same did not 
result from his neglect. 

History.— §2, ch. 1413, 1863; RS 1348; GS 1783; RGS 3013; CGL 
4749; §11, Ch. 25035, 1949. 
cf.— §17.20 To charge state attorneys with claims In their hands. 

27.11 Report upon claims committed to him. 

— The state attorney shall make a report to the 
comptroller on the first Monday in January and 
July in each and every year of the condition of 
all claims placed in his hands or which he may 
have been required to prosecute and collect, 
whether the same is in suit or in judgment, or 
collected, and the probable solvency or insol- 
vency of claims not collected, and shall at the 
same time pay over all moneys which he may 
have collected belonging to the state; and the 
comptroller shall not audit or allow any claim 
which any state attorney may have against the 
state for services until he makes the report 
herein required. 

History.— §3, ch. 1413, 1863; RS 1349; GS 1784; RGS 3014; CGL 
4750. 

cf. — §17.21 State attorney's report necessary prior to compensa- 
tion. 

27.12 Power to compromise. — The state at- 
torney may, with the approval of the comp- 
troller, compromise and settle all judgments, 
claims and demands in favor of the state in his 
circuit against defaulting collectors of revenue, 
Bheriffs and other officers, and the sureties on 



their bonds, on such terms as he may deem 
equitable and proper. 

And any such compromise or settlement may 
be made with any of the sureties of such de- 
faulting officer as to his individual liability, 
and a receipt to such surety shall be a dis- 
charge of his obligation; but the discharge of 
one or more of the sureties so compromised 
and settled with shall not operate as a dis- 
charge of the principal or other sureties from 
the judgment, claim or demand in favor of 
the state. 

History.— §1, ch. 3236, 1881; RS 1351; GS 1786; RGS 3016; CGI. 
4752. 

27.13 Completion of compromise. — The state 
attorney shall, on agreeing to any compromise 
or settlement, report the same to the comp- 
troller of the state for his approval; and, on 
his approving such compromise or settlement, 
the said state attorney, on a compliance with 
the terms of such compromise or settlement 
shall give a receipt to the collector of revenue, 
sheriff or other officer, or the sureties on their 
bonds, or to the legal representatives, which 
receipt shall be a discharge from all judgments, 
claims or demands of the state against such 
collector of revenue or other officer, or the 
sureties on their bonds. 

History.— §2, ch. 3236, 1881; RS 1352; GS 1787; RGS 3017; CGL 
4753. 

27.14 Assigning state attorneys to other cir- 
cuits. — If any state attorney shall be disquali- 
fied to represent the state in any case pending 
in the circuit court of his circuit, or if for any 
reason the governor of the state thinks that 
the ends of justice would be best subserved by 
an exchange of state attorneys, the governor 
may require an exchange of circuits or of 
courts, in any of the counties of this state 
between such state attorney and any other state 
attorney of the state, or may assign any state 
attorney of the state to the discharge of the 
duties of state attorney in any circuit of the 
state, at any regular or special term of the 
circuit court. 

History.— §2, ch. 5399, 1905; RGS 3009; CGL 4743. 

27.15 State attorneys to assist in other cir- 
cuits. — The governor of the state may whenever 
he deems it expedient to do so, require any 
state attorney in the state to proceed to any 
place in the state and to assist the state attor- 
ney holding office in the circuit where such 
place is located in the discharge of any of the 
duties of such state attorney, and any state at- 
torney in this state, who shall be directed by 
the governor to go and assist any other state 
attorney in the discharge of his duties, shall 
immediately proceed to the place designated, 
and then and there assist the state attorney of 
the circuit in which such place is located in the 
performance of his duties. 

When any state attorney is required to go 
beyond the limits of his circuit in which he 
holds office, to comply with the provisions of 
this section, all expenses while complying with 
the directions of the governor as herein pro- 
vided, shall be borne by the state, and shall be 



Ch. 27 



STATE ATTORNEY; PUBLIC DEFENDER 



Ch. 27 



paid by the warrant of the comptroller drawn 
on the requisition of such state attorney, which 
requisition shall have first been approved by 
the governor; and to carry out the provisions 
of this section such sum of money as may be 
required to pay such expenses is hereby appro- 
priated out of any funds in the state treasury 
not otherwise appropriated. 

History.— §§1, 2, ch. 8571, 1821; CGL 4744, 4745; §24, ch. 67-1. 

27.16 Appointment of acting state attorney. 

— Whenever there shall be a vacancy in the 
office of state attorney in any of the judicial 
circuits of this state, either by non-appointment 
or otherwise, or if a state attorney shall not be 
present at any regular or special term of the 
court, or being present, shall from any cause be 
unable to perform the duties of his office, the 
judge of said circuit court shall have full power 
to appoint a prosecuting attorney from among 
the members of the bar, with the consent of the 
member so appointed, to whom shall be ad- 
ministered an oath to faithfully discharge the 
duties of state attorney, and who shall have as 
full and complete authority, and whose acts 
shall be in all respects as valid as a regularly 
appointed state attorney. He shall sign all in- 
dictments and other documents as "acting state 
attorney." The power of the said appointee 
shall cease upon the arrival of the state attor- 
ney or the cessation of his inability. 

History.— 51, ch. 1726, 1869; |2, ch. 1996, 1874; RS 1354; II, 
ch. 4899, 1901; GS 1789; BOS 3019; CGL 4755. 

27.17 Compensation of acting state attor- 
ney. — The said acting state attorney shall re- 
ceive for his services the sum of ten dollars 
per day while in attendance upon the court, 
which shall be paid out of the appropriation 
for the payment of state attorneys, and de- 
ducted from the salary of the state attorney for 
whom he acted. 

History.— $2, ch. 1726, 1869; §2, ch. 1996, 1874; |2, ch. 4899, 
1901; GS 1790; RGS 3020; CGL 4756. 

27.18 Assistant to state attorney. — The 

state attorney, by and with the consent of 
court, may procure the assistance of any mem- 
ber of the bar when the amount of the state 
business renders it necessary, either in the 
grand jury room to advise them upon legal 
points and framing indictments, or in court to 
prosecute criminals; but, such assistant shall 
not be authorized to sign any indictments or 
administer any oaths, or to perform any other 
duty except the giving of legal advice, drawing 
up of indictments, and the prosecuting of crim- 
inals in open court. His compensation shall be 
paid by the state attorney and not by the state. 

History.— 11, ch. 2099, 1877; RS 1355; GS 1791; RGS 3021; CGL 
4757. 

cf.— §127.222, 27.223 and 27.231 Salaries of state attorneys and 
assistant state attorneys; exceptions. 

27.19 Assistant state attorneys. — In all ju- 
dicial circuits of Florida composed of seven or 
less counties, except the sixth judicial circuit, 
and the seventh judicial circuit, there shall be 
one assistant state attorney and in all judicial 
circuits composed of more than seven counties 
there shall be two assistant state attorneys. The 



state attorney and assistant state attorney of 
the first judicial circuit shall not reside in the 
same county. 

History.— §1, ch. 16784, 1935; CGL 1936 Supp. 4759(1); §1, ch. 
24167. 1947; §6, ch. 26727, 1951; §1, ch. 26809, 1951; 51, ch. 57-833. 

27.20 Apportionment of assistants. — In the 

circuits composed of two or more counties the 
state attorney and the assistant state attorney 
shall not reside in the same county; provided, 
however: 

(1) In the fourth judicial circuit either the 
state attorney or the assistant state attorney 
shall reside in Nassau or Clay county; 

(2) In the sixth judicial circuit either the 
state attorney or the assistant state attorney 
shall reside in Pasco county; 

(3) In the seventh judicial circuit no assist- 
ant state attorney may reside in the same 
county as the state attorney or any other assist- 
ant state attorney until there is at least a 
state attorney or an assistant state attorney 
residing in each county in said circuit; 

(4) In the ninth judicial circuit the appor- 
tionment of appointments of the state attorney 
and the two assistant state attorneys shall con- 
form to the limitation of appointment of cir- 
cuit judges as determined by the required 
places of residence of appointees in said 
circuit; 

(5) In the fifth judicial circuit the state 
attorney and one, but not more than one, assist- 
ant state attorney may reside in the same 
county within the fifth judicial circuit; 

(6) In the fifteenth judicial circuit two as- 
sistant state attorneys, but no more than two, 
shall reside in a different county within the 
fifteenth judicial circuit than the county in 
which the state attorney resides; 

(7) In the eighth judicial circuit the state 
attorney and either or both of his assistants 
may reside in the same county. 

History.— §2, ch. 16784, 1935; CGL 1936 Supp. 4759(2); §1, ch. 
21843 and §1, ch. 22132, 1943; (3) §2, ch. 57-832; (5) n. 81, ch. 
59-277; (6) n. §1, ch. 61-526; §1, ch. 63-439. 

27.21 Assistants, appointments, terms, in 
circuits of one hundred ninety-two thousand or 
less population; exception. — 

(1) In all judicial circuits having a popula- 
tion of less than 192,000, according to the last 
state census, the governor by and with the 
consent of the senate shall appoint assistant 
state attorneys, except that in the sixth judicial 
circuit and the seventh judicial circuit the gov- 
ernor by and with the consent of the senate 
shall appoint two assistant state attorneys, 
whose terms of office shall be for four years 
and who are hereby vested with all the powers 
and shall discharge all the duties of the state 
attorney, including the right to sign indict- 
ments, information and other documents, which 
he shall sign as assistant state attorney and 
when the same are so signed they shall have the 
same force and effect as if signed by the state 
attorney. The division of work and duties of 
such assistant state attorneys shall be under 
and upon the direction of their respective state 



Ch. 27 



STATE ATTORNEY; PUBLIC DEFENDER 



Ch. 27 



attorneys in each judicial circuit, with the con- 
sent of the judges of such circuit. 

History 53, ch. 16784, 1935; CGL 1936 Supp. 4759(3); $$3, 4, 

Ch. 26727, 1951; (1) (3. cb. 57-832; (2) r. {1, ch. 57-831. 

27.22 Assistants; appointment, terms, in 
circuits of more than one hundred ninety-two 
thousand population. — In all judicial circuits of 
the state having a total population of more 
than one hundred ninety-two thousand, accord- 
ing to the last state census, and having four or 
more circuit judges in said judicial circuit, and 
wherein one of the counties in said circuit shall 
have a total population of more than one hun- 
dred eighty thousand people, according to the 
last state census, the governor, by and with 
the consent of the senate, shall appoint two 
assistant state attorneys to assist the state at- 
torney of such circuits, and said assistant state 
attorneys are hereby vested with all the pow- 
ers and shall discharge all the duties of the 
state attorney, under his direction. The term of 
office of said assistant state attorneys shall ex- 
pire with that of the state attorney. One of 
such assistant state attorneys shall be a resi- 
dent of the county having the largest popula- 
tion, and the other assistant state attorney 
shall be a resident of the county having the 
next largest population. 

History.— §5, ch. 16784, 1935; CGL 1936 Supp. 4759(5); SI, ch. 
21695, 1943. 

27.222 Salaries, state attorneys and assist- 
ant state attorneys. — The salary of the state 
attorney for each judicial circuit of this state 
shall be eight thousand four hundred dollars 
per year, and the salary of each assistant state 
attorney for each judicial circuit shall be five 
thousand dollars per year, which salaries shall 
be paid in equal monthly installments by the 
state treasurer on warrants issued by the state 
comptroller; provided, however, that nothing 
contained in this section shall be construed to 
reduce the salary of any state attorney or as- 
sistant state attorney nor to affect, amend or 
repeal any law of this state not particularly 
mentioned in this section providing for salaries 
of state attorneys or assistant state attorneys 
in excess of the salaries herein provided. 

History.— SI, ch. 29891, 1955. 

27.223 Salaries of state attorneys and as- 
sistant state attorneys. — 

(1) The salary of the state attorney for 
each judicial circuit of the state shall be ten 
thousand five hundred dollars per year, and 
the salary of each assistant state attorney for 
each judicial circuit shall be six thousand five 
hundred dollars per year, which salaries shall 
be paid in equal monthly instalments by the 
state treasurer on warrants issued by the state 
comptroller; provided, however, that nothing 
contained in this section shall be construed to 
reduce the salary of any state attorney or as- 
sistant state attorney nor to affect, amend or 
repeal any law of this state not particularly 
mentioned in this section providing for salaries 
of state attorneys or assistant state attorneys 
in excess of the salaries herein provided. 

(2) The provisions of this section shall ap- 



ply to the third judicial circuit in lieu of any 
local laws concerning salaries of states attor- 
ney or assistants, passed during the regular 
session of 1957. 

History.— §81, 1A, ch. 57-376. 

27.231 Same; additional exceptions. — 

(1) In each judicial circuit of the state, 
which embraces and includes a county having 
a population of more than two hundred sixty 
thousand, according to the last preceding state 
census, the salary of the state attorney for such 
judicial circuit shall be ten thousand dollars 
per annum, payable in equal monthly install- 
ments by the state treasurer on warrants issued 
by the state comptroller. 

(2) The salary of each of the assistant state 
attorneys, for such judicial circuits, shall be 
seven thousand five hundred dollars per annum, 
excepting in such judicial circuits having, em- 
bracing and including more than one county, 
the assistant state attorney residing and domi- 
ciled in the county having the smallest popu- 
lation shall receive a salary of six thousand 
dollars per annum. The salary of each assistant 
state attorney for such judicial circuits shall 
be payable in equal monthly installments by the 
state treasurer on warrants to be issued by the 
state comptroller. 

History.— §1, ch. 23640, 1947; SSI. 2, ch. 25225, 1949. 

27.24 Pees for conviction. — The state attor- 
ney shall receive for a conviction of murder in 
the first degree, thirty dollars; ten dollars for 
each conviction in other cases of felony, and 
five dollars for each conviction in cases of mis- 
demeanor; such fees to be taxed as costs 
against the person convicted, and to be paid to 
him by the several sheriffs of the respective 
counties of such circuit, and said fees shall be 
paid over by the state attorney to the county 
depository of the respective counties, to be 
placed to the fine and forfeiture fund. 

History.— Ch. 3000, 1877; BS 1356; §2, ch. 4353, 1896; GS 3023; 
RGS 3023; CGL 4766. 

27.25 Stenographers for state attorneys. — 

(1) (a) The state attorney in each judicial 
circuit of the state is hereby authorized to em- 
ploy one stenographer to be used in the conduct 
of his office as state attorney. The salary of 
each such stenographer is fixed at two hundred 
fifty dollars per month, to be paid by the state 
treasurer on warrants issued by the state comp- 
troller; provided, that nothing in this section 
shall be construed to affect any law of this 
state not particularly mentioned in this chapter 
providing for salaries of stenographers for 
state attorneys in excess of the salaries herein 
provided. 

(b) Any such stenographer shall be subject 
to call for, and authorized to perform, court 
reporter service in the circuit where employed, 
in the event no regular court reporter shall be 
available, and for performing such service, said 
stenographer shall be entitled to receive the 
per diem and fees provided by law for court 
reporters engaged in like work. 

(2) The state attorney in each judicial cir- 



Ch. 27 



STATE ATTORNEY; PUBLIC DEFENDER 



Ch. 27 



cuit of the state composed of only one county 
is authorized to expend for telephone service, 
office supplies and equipment, and investiga- 
tions, in connection with his office, a sum to be 
determined by him, not exceeding five hundred 
dollars per annum, which shall be paid by the 
board of county commissioners of such county 
out of the general revenue fund of the county. 

History.— §§1, 2, oh. 17261, 1935; CGL 1836 Supp. 4759(9); |1, 
Ch. 18147, 1937; 81, ch. 18148, 1937; (3) |1, ch. 22188, 1943; (1), 
§1, ch. 22905, 1945; (1), (2), §§2, 3, ch. 25243, 1949; (1) |1, ch. 
29952, 1955; (l)(a), |1, ch. 57-301. 
cf. — §§29.03, 29.04 Compensation ol court reporters. 

27.271 Per diem, mileage and expenses; 
state attorneys and assistant state attorneys. — 

(1) State attorneys and assistant state at- 
torneys shall receive the per diem and mile- 
age provided by §112.061, for travel on official 
business within the state, whether such travel 
be in their home counties or within their judi- 
cial circuits or without their judicial circuits, 
but this section shall not be construed to allow 
mileage or per diem for travel between their 
homes and the courthouses of the counties in 
which they reside or per diem for time spent 
at the county seats of the counties in which 
they reside. 

(2) State attorneys and assistant state at- 
torneys shall recieve the per diem and mile- 
age provided by §112.061, for travel on official 
business outside of the state where the gover- 
nor either authorizes such travel or approves 
the expense accounts therefor. 

(3) State attorneys and assistant state at- 
torneys shall be reimbursed for all necessary 
expenses incurred in the performance of their 
official duties for stationery, stamps, the print- 
ing of necessary legal forms, and telephone and 
telegraph service. 

(4) The foregoing items of expense shall 
be paid to the state attorneys and assistant 
state attorneys entitled thereto as provided in 
§112.061. 

History.— §§1-4, ch. 29951, 1955; (4) 819, ch. 63-400. 

27.29 Appointment and salary of additional 
assistant in fourteenth judicial circuit. — 

# (1) The governor shall appoint one addi- 
tional assistant state attorney for the four- 
teenth judicial circuit. Such additional assist- 
ant state attorney shall be appointed from a 
different county of residence from the state 
attorney and from a different county of resi- 
dence of any other assistant state attorney, so 
that none of the foregoing officers shall re- 
side within the same county of the fourteenth 
judicial circuit and, hereafter, the state at- 
torney and any assistant state attorneys 
respectively, shall each separately reside with- 
in different counties of the fourteenth judicial 
circuit. 

(2) The additional assistant state attorney 
provided for by this section is vested with all 
the powers, duties, and responsibilities of the 
office of the state attorney, which he shall ex- 
ercise under the supervision of the state at- 
torney for the fourteenth judicial circuit. 

(3) The salary of such assistant state at- 
torney shall be equal to that received by other 



assistant state attorneys for the fourteenth 
judicial circuit. 

(4) The term of office of the assistant state 
attorney provided for by this section together 
with the terms of office of all other assistant 
state attorneys of the fourteenth judicial cir- 
cuit shall expire with the term of office of the 
state attorney for the fourteenth judicial cir- 
cuit. 

(5) Nothing in this section shall be con- 
strued to extend or diminish the terms of of- 
fice of any assistant state attorneys now hold- 
ing office within the fourteenth judicial cir- 
cuit. 

History.— §§1-5, ch. 57-737. 

27.30 Appointment and salary of additional 
assistant state attorneys in fifth judicial cir- 
cuit. — 

(1) The governor shall appoint two addi- 
tional assistant state attorneys for the fifth 
judicial circuit; provided however, that one 
such assistant state attorney shall be appointed 
from either Hernando, Citrus or Sumter county 
and shall reside in either of the said counties; 
provided further however, that no assistant 
state attorney appointed from Hernando, Citrus 
or Sumter county may reside in the same coun- 
ty in which a circuit judge resides. 

(2) The additional assistant state attorneys 
provided for by this section are vested with all 
the powers, duties, and responsibilities of the 
office of the state attorney, which each shall ex- 
ercise under the supervision of the state at- 
torney for the fifth judicial circuit. 

(3) The salary of such assistant state at- 
torneys shall be equal to that received by other 
assistant state attorneys for the fifth judicial 
circuit. 

(4) The term of office of the assistant state 
attorneys provided for by this section together 
with the terms of office of all other assistant 
state attorneys of the fifth judicial circuit shall 
expire with the term of office of the state at- 
torney for the fifth judicial circuit. 

(5) Nothing in this section shall be con- 
strued to extend or diminish the terms of of- 
fice of any assistant state attorneys now hold- 
ing office within the fifth judicial circuit. 

History.— §§1-5, ch. 57-839; §1, ch. 59-276. 

27.31 Appointment, salary, term of office of 
additional assistant, term of other assistant, 
eighth judicial circuit. — 

(1) The governor shall appoint one addi- 
tional assistant state attorney for the eighth 
judicial circuit of Florida. 

(2) The additional assistant state attorney 
provided for by this act is vested with all the 
powers, duties and responsibilities of the office 
of the state attorney of said eighth judicial 
circuit, which he shall exercise under the su- 
pervision of said state attorney. 

(3) The salary of such additional assistant 
state attorney shall be equal to that received by 
the other assistant state attorney for the eighth 
judicial circuit and shall be paid in equal 
monthly installments by the state treasurer 
upon warrants issued by the state comptroller. 



Ch. 27 



STATE ATTORNEY; PUBLIC DEFENDER 



Ch. 27 



(4) The term of office of such additional 
assistant state attorney shall always expire 
with the term of office of the state attorney 
for the eighth judicial circuit. 

(5) After the expiration of the term of office 
being served by the assistant state attorney 
now holding office in said judicial circuit, all 
future terms of said office shall expire with the 
terms of office of the state attorney for said 
judicial circuit. 

History.— §§1-5, ch. 57-1996. 

27.32 Ninth judicial circuit; additional as- 
sistants; terms; salaries. — 

(1) The governor shall appoint two addi- 
tional assistant state attorneys for the ninth 
judicial circuit of Florida, one of whom shall be 
for division A and the other for division C, and 
each of whom shall reside in his respective 
division. 

(2) The additional assistant state attorneys 
provided for by this act are vested with all the 
powers, duties and responsibilities of the office 
of the state attorney of said ninth judicial 
circuit, which they shall exercise under the 
supervision of the state attorney. 

(3) The salary of the additional assistant 
state attorneys shall be equal to that received 
by the other assistant state attorneys for the 
ninth judicial circuit and shall be paid in equal 
monthly installments by the state treasurer 
upon warrants issued by the state comptroller. 

(4) The term of office of each additional 
assistant state attorney shall always expire with 
the term of office of the state attorney for the 
ninth judicial circuit. 

History.— §1, ch. 63-516. 

27.33 Submission of annual budget. — 

(1) On or before November 15, biennially, 
prior to the meeting of the legislature, each 
state attorney shall submit to the state budget 
director a written report containing an estimate 
in itemized form showing the amount needed 



for operational expenses for the two years 
beginning July 1, thereafter. Each such estimate 
shall itemize the expenditures required for the 
state attorney submitting it and for his assist- 
ants, as follows : 

(a) Salary of state attorney. 

Salaries of assistant state attorneys. 

Salaries of stenographers. 

Salaries and travel expenses of investi- 



(b) 
(c) 
(d) 
gators, 
(e) 



Travel expenses of state attorney and 
assistant state attorneys. 

(f ) Office equipment. 

(g) Stationery, stamps, telephone and tele- 
graph service, and the printing of necessary 
legal forms. 

(h) Other necessary expenses of state at- 
torney and his assistants. 

(i) Reserve for contingencies. 

(2) The form of such reports shall be pre- 
scribed by the budget director and shall be as 
nearly uniform as may be. 

(3) No such report shall include any amount 
for any expense which is required by statute 
to be paid from county funds. 

(4) Each state attorney shall forthwith sub- 
mit to the state budget director a written report 
containing an estimate in itemized form showing 
the amount needed for operational expenses for 
himself and for his assistants for the two years 
beginning July 1, 1963, which report shall be 
itemized in the manner required by subsections 
(1) through (3) for subsequent reports, and the 
state budget commission is hereby authorized 
to consider all such reports and make its recom- 
mendations with respect thereto to the legisla- 
ture during its current session. 

(5) After this act takes effect as law, all of 
the provisions of chapter 216, which relate to 
the budgets and expenses of state officers shall 
be applicable to state attorneys and their budg- 
ets and expenses. 

History.— §11-3, ch. 63-440. 



PART II 
PUBLIC DEFENDER; POWERS, DUTIES, ETC. 



27.50 Public defender; qualifications; election. 

27.51 Duties of public defender. 

27.52 Determination of insolvency. 

27.53 Appointment of assistants and other 

staff ; method of payment. 

27.54 Expenditures for public defender's office. 

27.50 Public defender; qualifications; elec- 
tion. — There shall be a public defender, who 
shall be a member of the Florida bar in good 
standing, for each of the judicial circuits. The 
public defender shall be elected at the general 
election by the qualified electors of their re- 
spective judicial circuits as other state offi- 
cials are elected and shall serve for a term of 
four years. 

The governor shall make an interim appoint- 
ment until such general election ; provided, how- 
ever, in those counties of the state having a 
public defender appointed pursuant to legisla- 
tion passed prior to July 1, 1963, preference for 



27.55 Compensation of public defender in new- 

ly created circuit. 

27.56 Assistance; claim against recipient's 

estate. 

27.57 Reports. 

27.58 Existing laws. 

the initial interim appointment shall be given 
to such public defenders as the public defender 
for the circuit embracing such counties. 

History.— §1, ch. 63-409. 

27.51 Duties of public defender. — 

(1) The public defender shall represent any 
person who is determined to be insolvent as pro- 
vided in this act, who is under arrest for, or is 
charged with, a noncapital felony if such per- 
son requests it or if the court, on its own 
motion, so orders and such person does not 
knowingly, understandingly, and intelligently 
waive the opportunity to be so represented. The 
clerk of the court conducting such proceedings 



Ch. 27 



STATE ATTORNEY; PUBLIC DEFENDER 



Ch. 27 



is directed to make such proceedings a matter 
of record. 

(2) The public defender may, with the con- 
sent of the trial court, but without compensa- 
tion by the state, accept the voluntary services 
of members of the Florida bar in good standing 
in the defense of an insolvent person. 

(3) The public defender shall give priority 
and preference to his duties under the pro- 
visions of this act and may engage in the private 
practice of law only to the extent that it will 
not interfere with or prevent performance of 
his duties as public defender and shall not 
otherwise engage in the practice of criminal 
law. 

History.— 52, ch. 63-409. 

27.52 Determination of insolvency. — 

(1) The determination of insolvency of any 
accused person shall be made by the court and 
may be done at any stage of the proceedings. 
The public defender shall be allowed process of 
the court to summon witnesses to testify before 
the court concerning the financial ability of any 
accused person to employ counsel for his own 
defense. 

(2) If the trial court shall determine and 
adjudge, within one year after the determina- 
tion of insolvency, that any accused was erro- 
neously or improperly determined to be insol- 
vent the state attorney may, in the name of the 
state, proceed against such accused for the 
reasonable value of the services rendered to the 
accused and including all costs paid by the 
state or county in his behalf. Any amount re- 
covered shall be deposited in the general 
revenue fund to the account from which the 
expenses of the office of public defender are 
paid. 

History.— 53, ch. 63-409. 

27.53 Appointment of assistants and other 
staff; method of payment. — 

_ (1) The public defender may also hire as- 
sistant public defenders, investigators, secre- 
taries, and other clerical help as funds avail- 
able may permit and as otherwise provided by 
law. Each of the counties of this state is em- 
powered to expend moneys in furtherance of the 
provisions of this act. 

(2) In addition, any member of the bar in 
good standing may register his or her availa- 
bility with the public defender of each judicial 
circuit for acceptance of special assignments 
without salary to represent insolvent defend- 
ants. Such persons shall be listed and referred 
to as special assistant public defenders and may 
in the discretion of the trial judge be paid a fee ; 
such fee shall be fixed by the trial judge and 
shall be paid in the same manner as counsel fees 
are paid in capital cases or as otherwise pro- 
vided by law. In addition, defense counsel may 
be assigned and paid pursuant to any existing 
or future local act or general act of local appli- 
cation. 

History.— §4, oh. 63-409. 

27.54 Expenditures for public defender's 
office. — All payments for the salary of the public 
defender and the necessary expenses of his of- 



fice, including salaries of his deputies, assist- 
ants and staff, shall be considered as being for 
a valid public purpose. The salary and neces- / 
sary travel expenses of the public defender as / 
provided in §112.061, shall be paid from stated 
funds as appropriated by the legislature. / N^ 

History.— §5, ch. 63-409. / 

27.55 Compensation of public defender in 
newly created circuit. — In the event new judi- 
cial circuits are created, the budget commission 
is authorized to release the necessary moneys 
for the payment of the salary of the public 
defender in such newly created circuit in an 
amount not to exceed the annual salary paid to 
the public defender in the judicial circuit of 
which the new circuit was formerly a part; pro- 
vided, further, that if there is an assistant pub- 
lic defender in the pre-existing circuit such 
position shall be abolished upon the creation of 
the new judicial circuit. 

History.— %2, ch. 63-410. 

27.56 Assistance; claim against recipient's 
estate. — There is hereby created a lien, enforce- 
able as hereinafter provided, upon all the 
property, both real and personal, of any person 
who is receiving or has received any assistance 
from any public defender of the state. Such 
assistance shall constitute a claim against the 
applicant and his estate, enforceable according 
to law in an amount to be determined by the 
court in which such assistance was rendered. 
Immediately after such assistance is rendered 
and upon determination of the value thereof by 
the court, a statement of claim showing the 
name and residence of the recipient shall be 
filed for record in the office of the clerk of the 
circuit court in the county where the recipient 
resides and in each county in which such re- 
cipient then owns or later acquires any prop- 
erty. Said liens shall be enforced on behalf of 
the state by the several public defenders, and 
shall be utilized to reimburse the state to defray 
the costs of the public defender system. The 
lien herein created shall be a continuing obliga- 
tion, irrespective of any statute of limitations. 

History.— §3, ch. 63-410. 

27.57 Reports. — The public defender shall 
file with the presiding judge of his judicial 
circuit and with the attorney general of Florida 
quarterly reports of the activities of his office. 

History.— §6, ch. 63-409. 

27.58 Existing laws. — This act shall not re- 
peal but shall be supplementary to any local law 
or ordinance heretofore providing for a public 
defender or assigned defense counsel in any 
county or counties of the state, and the public 
defender in such county or counties may con- 
tinue to operate under such prior act or 
ordinance to the extent determined by the board 
of county commissioners thereof; provided, 
however, that the public defender of each judi- 
cial circuit of the state shall be the chief 
administrator of all public defender services 
within the circuit whether such services are 
rendered by the state or county public 
defenders. 

History. — §7, Ch. 63-409. 



Ch. 28 



CLERK OP THE CIRCUIT COURT 



Ch. 28 



CHAPTER 28 
CLERK OF THE CIRCUIT COURT 



28.01 Bond of circuit court clerks, small 

counties. 

28.02 Bond of circuit court clerks, large coun- 

ties. 

28.03 Obligation of sureties. 

28.04 Justification of sureties. 

28.05 Surety companies. 

28.06 Power of clerk to appoint deputies. 

28.07 Place of office. 

28.08 Place of residence. 

28.09 Clerk ad interim. 

28.10 Duties of clerk; reports to comptroller. 

28.11 To issue process on state judgments. 

28.12 Clerk of the board of county commis- 

sioners. 

28.13 To keep papers. 

28.14 Judgments, decrees, orders, etc. prior to 

circuit courts. 

28.15 Records from superior courts. 

28.16 Certain records from prior county 

courts. 

28.17 Verification. 

28.18 Recording discharges of veterans. 

28.19 Fees. 

28.01 Bond of circuit court clerks, small 
counties. — In each county of the state, having 
a population of one hundred fifty thousand 
or less according to the last state census, 
the clerk of the circuit court shall, before 
being commissioned, give bond in a penalty 
which shall not be less than one thousand 
dollars nor more than five thousand dollars to 
be fixed by the board of county commissioners 
of his county, payable to the governor of the 
state and his successors in office, with two 
or more good and sufficient sureties to be 
approved by the board of county commis- 
sioners and the comptroller, and to be filed 
with the secretary of state, which said bond 
shall be conditioned upon the faithful discharge 
of the duties of his office. 

History.— §§1, 3, ch. 3724, 1887; RS 1381; GS 1821; RGS 3066; 
CGL 4847; jl, Ch. 20719, 1941. 

28.02 Bond of circuit court clerks, large 
counties. — In each county of the state, having 
a population in excess of one hundred fifty 
thousand according to the last state census, 
the clerk of the circuit court shall, before 
being commissioned, give bond in a penalty 
which shall not be less than five thousand dol- 
lars nor more than one hundred thousand dol- 
lars to be fixed by the board of county com- 
missioners of his county, payable to the gover- 
nor of the state and his successors in office, 
with two or more good and sufficient sureties to 
be approved by the board of county commis- 
sioners and the comptroller, and to be filed with 
the secretary of state, which said bond shall be 
conditioned upon the faithful discharge of the 
duties of his office. 

History.— SSI, 3, ch. 3724, 1887; RS 1381; GS 1821; RGS 3066; 
CGL 4847; 81, Ch. 177S4, 1937. 

28.03 Obligation of sureties. — Each surety 
upon such bond may bind himself for a speci- 



28.20 Recording federal liens. 

28.21 To keep records and dockets. 

28.22 Record book to be kept. 
28.221 Same ; alternative method. 

28.23 Two sets of indexes in certain cases. 

28.24 Compensation of clerk of the circuit 

court. 
28.241 Filing fee for trial and appellate pro- 
ceedings. 

28.25 Compensation as clerk of board of 

county commissioners. 

28.26 To keep record of criminals. 

28.27 Clerks and justices to certify names of 

convicts to circuit clerk. 

28.28 Recording certified copies of petitions in 

bankruptcy. 

28.29 Written orders, judgments, or decrees 

not to be recorded. 

28.30 Destruction, photographing, etc., certain 

records. 

28.31 Notice to county commissioners of intent 

to destroy ; approval of board. 

28.32 Destruction of certain instruments. 



fied sum, but the aggregate amount for which 
the sureties shall bind themselves shall not be 
less than the penalty of the bond. 



History §9, 

4848, 4850(1); 



ch. 3724, 1887; RS 1382; GS 1822; RGS 3067; CGL 
2, ch. 17754, 1937; SI, ch. 20719, 1941. 



28.04 Justification of sureties. — Each surety 
upon such bond shall make affidavit that he is 
a resident of the county for which the clerk is 
to be commissioned, and that he has sufficient 
visible property therein unencumbered and not 
exempt from sale under legal process to make 
good his bond. 

History.— 810, ch. 3724, 1887; RS 1892; GS 1823; RGS 3068; 
CGL 4849, 4850(1); S3, ch. 17754, 1937; SI, ch. 20719, 1941. 

28.05 Surety companies. — The provisions of 
§§28.01-28.04 as to number of sureties, affidavits 
of residence and justification of same, shall 
not apply to solvent surety companies author- 
ized to do business and execute bonds in this 
state. 

History — S1824, GS 1906; RGS 3069; CGL 4850, 4850(1); §4, ch. 
17754, 1937; |1, ch. 20719, 1941. 

28.06 Power of clerk to appoint deputies. — 

The clerk of the circuit court may appoint a 
deputy or deputies, for whose acts he shall be 
liable, and the said deputies shall have and exer- 
cise each and every power of whatsoever nature 
and kind as the clerk himself may exercise, ex- 
cepting the power to appoint a deputy or depu- 
ties. 

History.— SI, Feb. 12, 1834; Jl, ch. 254, 1849; RS 1384; GS 
1825; RGS 3070; CGL 4851; am. §1, ch. 21956, 1943. 

28.07 Place of office.— The clerk of the cir- 
cuit court shall keep his office at the county 
seat of the county; however, in those counties 
in which the clerk feels such offices to be nec- 
essary, he may establish branch offices in other 
places than the county seat and may provide 
such offices with a deputy clerk authorized to 



Ch. 28 



CLERK OF THE CIRCUIT COURT 



Ch. 28 



issue process; provided, that all permanent of- 
ficial books and records shall be kept at the 
county seat of the county. 

History §3, Feb. 12, 1834; BS 1385; GS 1826; BGS 3071; CGL 

4852; §1, ch. 57-281. 

28.08 Place of residence.— The clerk of the 
circuit court, or a deputy, shall reside at the 
county seat or within two miles thereof. 

History.— jl, ch. 1851, 1871; KS 1386; GS 1827; RGS 3072; CGL 
4853. 

28.09 Clerk ad interim. — In the case of 
vacancy occurring in the office of a clerk of 
the circuit court by death, resignation or other 
cause, the judge of that court shall appoint a 
clerk ad interim, who shall assume all the re- 
sponsibilities, perform all the duties and re- 
ceive the same compensation for the time be- 
ing as if he had been duly appointed to fill the 
office ; and he shall give such bond and security 
for the faithful performance of his duties as 
is prescribed by law. 

History §1, ch. 722, 1855; BS 1393; GS 1838; BGS 3083; CGL 

4866. 

28.10 Duties of clerk; reports to comptroller. 

— The clerk of the circuit court shall, within 
twenty days after the end of each term of the 
circuit court, forward to the comptroller a full 
abstract of all fines, fees, costs, forfeitures or 
other moneys adjudged to or rendered in favor 
of the state at such term, stating in such 
report the name of the person against whom 
the same is adjudged, and in what capacity, 
on what account, the amount so adjudged, 
the process or order of court issued to en- 
force payment, and the name of the officer 
into whose hands the process is placed, and 
such remarks as may be necessary to inform 
the comptroller of the exact amount to be 
collected and paid over to the state treasurer. 

History.— §1, ch. 217, 184B; BS 1387; GS 1828; RGS 3073; CGL 
4854. 

28.11 To issue process on state judgments. 

— The clerk of the circuit court shall, immedi- 
ately after the rendition of any judgment as 
aforesaid, issue and place in the hands of the 
sheriff a cypias, or other proper process, for 
the collection of the amount so adjudged or 
rendered. 

If he shall fail to perform the duties im- 
posed upon him as abov!, he shall be subject 
to a fine of twenty dollars to be recovered up- 
on motion before the circuit court in the coun- 
ty where he shall reside, after ten days' notice 
of such motion. 

History §§2, 3, ch. 217, 1849; BS 1388; GS 1829; BGS 3074; 

CGL 4855. 

28.12 Clerk of the board of county commis- 
sioners. — The clerk of the circuit court shall 
be clerk of the board of county commissioners. 

History.— §1836, BS 1892; GS 1836; BGS 3081; CGL 4864. 

28.13 To keep papers.— The clerk of the 
circuit court shall keep all papers filed in his 
office with the utmost care and security, ar- 
ranged in appropriate files (endorsing upon 
each the time when the same was filed), and 
all the pleadings in such cause shall be at- 



tached together with tape or ribbon, and kept 
distinct from other papers in the cause; and 
papers of different kinds shall not be mixed 
up and folded loosely together, but each de- 
scription of papers shall be kept on file with 
other papers of the same class; and he shall 
not permit any attorney, or other person, to 
take papers once filed out of the office of the 
clerk without leave of the court, except as is 
hereinafter provided by law. 

History.— §59, Nov. 18, 1828; BS 1389; GS 1830; BGS 3075; CGL 
4856. 

28.14 Judgments, decrees, orders, etc. prior 
to circuit courts. — All the records, judgments, 
orders and decrees of the several circuit courts, 
in the respective counties, made and entered 
before July 28th, 1868, shall be taken and held 
to be the records, judgments, orders and de- 
crees of the circuit courts as established in 
said counties July 28th, 1868, and may be 
amended and enforced according to law and 
the practice of said courts. 

History.— §9, ch. 1629, 1869; BS 1402; GS 1853; BGS 3098; CGL 
4882. 

28.15 Records from superior courts. — The 

files, rolls and books of record of the superior 
courts of the several districts of the Territory 
of Florida remaining in the clerk's offices of 
the respective counties, so far as the same, by 
the concurrence of the congress and the legis- 
lature of this state, may relate to matters of 
appropriate state authority and jurisdiction, 
are placed in the custody and under the con- 
trol of the circuit courts of this state in 
the respective counties thereof, where the said 
superior courts were held and the records 
kept, and shall be deemed, held and taken 
to be files, rolls and records of the said 
circuit courts; and the said circuit courts may 
lawfully have and exercise such judicial 
cognizance and power over them as the said 
courts may lawfully have and exercise over 
their own files, rolls and records. 

History.— §2, ch. 520, 1853; BS 1403; GS 1854; BGS 3099; CGL 
4883. 

28.16 Certain records from prior county 
courts. — All the records, judgments and orders 
in the several county courts, in the respective 
counties, made and entered prior to May 4th, 
1875, where the amount sued upon exceeded the 
sum of one hundred dollars, shall be held, 
deemed and taken to be files, rolls and records 
of the circuit court and the said circuit court 
may lawfully have and exercise such cognizance 
and power over them as said courts may law- 
fully have and exercise over its own files, rolls 
and records. 

History.— §1, ch. 3004, 1877; BS 1404-1406; Jl, ch. 4725, 1899; 
GS 1855-1858; BGS 3100-3103; CGL 4884-4887. 

28.17 Verification. — Clerks of the circuit 
court, judges of probate, and all other officers 
charged with the duty of recording deeds and 
other instruments of writing in this state, shall 
carefully compare the originals of such deeds, 
mortgages and other instruments of writing 
with the record of same as made by them on 
the record books under their charge, in order 



Ch. 28 



CLERK OF THE CIRCUIT COURT 



Ch. 28 



that any errors committed in such record may 
be corrected; and after such comparison and 
correction of the record the said officer shall 
endorse upon such original document the words, 
"Record verified," and sign his name thereto. 

History.— §1, ch. 4139, 1893; GS 1834; RGS 3079; CGL 4862. 

28.18 Recording discharges of veterans. — 

The clerk of the circuit court shall keep a record 
book for the exclusive purpose of recording 
certificates of discharge, reports of separa- 
tion, and certificates of service of all citizens 
of this state who have heretofore or may here- 
after serve with the military or naval forces of 
the United States, and all such certificates 
shall be recorded free of any cost whatsoever 
to the veteran, the clerk receiving from the 
board of county commissioners the fee pre- 
scribed by law therefor. 

History.— 1§1, 2, ch. 7918, 1919; CGL 4859, 4860; §1, ch. 21656, 
1943; §1, ch. 28205, 1953; §1, ch. 29749, 1955. 

28.19 Fees. — The fees for recording any in- 
strument of writing entitled to record under 
the laws of this state shall not be payable to 
any officer who may have recorded the same 
until he has verified the record and endorsed 
the original instrument as aforesaid. 

Such records shall always be open to the 
public, under the supervision of the clerk, for 
the purpose of inspection thereof, and of mak- 
ing extracts therefrom; but the clerk shall not 
be required to perform any service in connec- 
tion with such inspection or making of extracts 
without payment of the compensation fixed by 
law. 

History §2, ch. 4139, 1893; GS 1835; RGS 3080; CGL 4863. 

28.20 Recording federal liens. — The clerk of 
the circuit court in each county of this state 
may file in his office notices of liens for taxes 
payable to the United States, and certificates 
discharging, partially discharging or releasing 
such liens. When such notice is so filed such 
clerk shall enter the same in an alphabetical 
federal tax lien index, showing on one line 
the name and residence of the taxpayer 
named in such notice, the internal revenue 
collector's serial number of such notice, the 
date and hour of filing, and the amount of tax 
with interest, penalties and costs. The clerk 
shall file and keep all such original notices so 
filed in numerical order in a file or files and 
designated federal tax lien notices. When a 
certificate of discharge, partial discharge or re- 
lease of any such tax lien, issued by the col- 
lector of internal revenue or other proper of- 
ficer, is filed in the office of the clerk where 
the original notice of lien is filed, the clerk 
shall file such certificate and enter the same 
with the date of filing in said federal tax lien 
index on the line where the notice of such lien 
is entered, and shall permanently attach such 
certificate to the original notice of such lien. 

The purpose of this section is to authorize 
the filing of notice of liens in accordance with 
the provisions of the statutes of the United 
States and any acts or parts of acts amenda- 
tory thereto. 

History.— §{1, 2, ch. 14757, 1931; CGL 1936 Supp. 894(1). 



28.21 To keep records and dockets. — The 

clerk of the circuit court shall keep : 

(1) MINUTE BOOKS, in which he shall keep 
regular and fair minutes of all the proceedings 
of the circuit court, and of the judge, in term, 
which shall be signed by the judge before the 
adjournment of each term; 

(2) A PROGRESS DOCKET, in which he 
shall note the filing by each party to any cause, 
at common law or in equity, of any appearance, 
or pleading therein, and of any step taken in 
the clerk's office in connection with said cause, 
such noting to be at the time of such filing 
and of taking such step ; 

(3) A DEFAULT DOCKET, in which shall 
be entered in full all defaults and final judg- 
ments by default taken in his office ; 

(4) A JUDGMENT AND EXECUTION 
DOCKET, in which, respectively, he shall in- 
dex all judgments rendered, in term time or 
vacations; and all executions issued thereon, 
stating therein the names of the parties, the 
amount of judgment and costs, and the date of 
rendition of the same, the page of the record 
upon which it shall have been entered and the 
date of the issuance of execution. 

(5) A CHANCERY ORDER BOOK, in which 
shall be entered all orders and decrees taken 
in chancery, including those required to be 
signed by the judge, exclusively. 

(6) A TRIAL DOCKET, which shall be kept 
in court during all terms thereof while in ses- 
sion, upon which shall be entered, before each 
term of court: All cases of law triable at that 
term; all cases of claims to property and al- 
leged illegality of seizures under execution; all 
cases in equity pending; all writs of error, 
appeals and certioraris from lower courts pend- 
ing; all criminal cases; one copy of each trial 
docket shall be made up for the court and for 
members of the bar. 

(7) A SUBPOENA DOCKET, in which he 
shall enter the name of each witness in each 
cause subpoenaed, with the date of the issuance 
of the subpoena. 

(8) A MOTION DOCKET, upon which shall 
be entered by attorneys all motions to be sub- 
mitted to the court. 

(9) A JUDGMENT ASSIGNMENTS AND 
SATISFACTION RECORD, in which shall be 
entered at length all assignments and satisfac- 
tions of judgments, decrees or orders rendered 
or of record in said court. No assignment 
or satisfaction shall be entered elsewhere than 
in said book, and any assignment or satisfac- 
tions shall, to entitle it to record, be in writing 
and duly acknowledged in the manner pro- 
vided for the acknowledgment of deeds. He 
shall enter a note of the satisfaction on the 
margin of the record of the judgment, decree 
or order. No satisfaction by an alleged as- 
signee of a judgment shall be entered until an 
assignment as hereinbefore provided shall have 
been produced to the clerk and entered. 

(10) A LIS PENDENS DOCKET, in which 
shall be recorded all notices of lis pendens. 

(11) A JUDGMENT LIEN RECORD and 
record of foreign judgments, in which shall be 



Ch. 28 



CLERK OF THE CIRCUIT COURT 



Ch. 28 



recorded all certified transcripts of judgments 
and decrees of the circuit courts and all other 
courts of this state, and judgments and decrees 
of the United States district courts held in this 
state, which may be presented for such record. 
The date, hour and minute of recording shall 
be noted at the bottom of such records. 

(12) INDEXES, alphabetical, direct and 
inverse, to all of the foregoing books. 

History §§9, 59-61, Nov. 18, 1828; §2, Nov. 12, 1834; SI, ch. 

4399, 1895; RS 1390; ch. 4399, 1895; GS 1831; §1, ch. 7335, 1917; 
RGS 3076; CGL 4857, 4865(3); §1, ch. 19270, 1939. 

28.22 Record book to be kept. — The circuit 
court clerk shall be, in the county in which he 
is clerk, the recorder of deeds and of all other 
papers not pertaining to the circuit court which 
he may be required by law to record. 

For the purposes of such recording, he shall 

(1) A RECORD OF DEEDS, in which he 
shall record all deeds, and all leases of lands, 
and all powers of attorney to execute any 
such instruments, and all agreements relating 
to conveyance of land which may be in form 
entitled to record. 

(2) A RECORD OF MORTGAGES on real 
or personal property and powers of attorney, 
embracing a power to execute mortgages which 
may be in form entitled to record. 

(3) A RECORD OF LIENS, in which he 
shall record all statutory liens required or per- 
mitted to be recorded. 

(4) A MORTGAGE AND LIEN ASSIGN- 
MENT BOOK, in which shall be recorded all 
assignments of mortgages or statutory liens 
presented to him for record. No assignment 
shall be entered elsewhere than in such book, 
and any assignment shall, to entitle it to rec- 
ord, be in writing and duly acknowledged in 
the manner provided for the acknowledgment 
of deeds. He shall enter a note of assignment 
upon the margin of the record of the mortgage 
or lien. 

(5) A MORTGAGE LIEN AND SATISFAC- 
TION BOOK, in which shall be recorded sat- 
isfaction of mortgages and liens. No such 
satisfaction shall be entered elsewhere than in 
such book, and any satisfaction, to entitle it 
to record, shall be in writing and duly acknowl- 
edged in the manner provided for the acknowl- 
edgment of deeds. No satisfaction by an alleged 
assignee of a mortgage or lien debt shall be 
entered until an assignment as hereinbefore 
provided shall have been presented to the clerk 
and entered. He shall enter a note of satis- 
faction on the margin of the record of the 
mortgage or lien. 

(6) A REGISTER, in which he shall, at the 
time of filing any instrument for record, enter 
the names of the parties to such instrument, 
with the number thereof, under the respective 
heads of "Grantor" and "Grantee," the kind of 
instrument and date and hour of filing. 

(7) AN INCORPORATION BOOK, in which 
he shall record all articles of incorporation 
required by law. 

(8) A RECORD OF ARMY AND NAVY 
DISCHARGES, in which he shall record all 



certificates of discharges from the army or navy 
of the United States. 

(9) A FEDERAL TAX LIEN INDEX, in 
which he shall index all federal tax lien notices 
filed. 

(10) A BILL OF SALE AND CHATTEL 
MORTGAGE BOOK, in which shall be recorded 
bills of sale, conditional bills of sale, retain 
title contracts, chattel mortgages and any other 
instrument affecting the title to personal prop- 
erty. The boards of county commissioners shall 
furnish the clerk of the circuit court in their 
respective counties such books as may be neces- 
sary for the recording and indexing of the 
last above mentioned instruments and the clerk 
shall properly record all such instruments and 
index the same, both direct and inverse, in the 
record books provided as aforesaid. 

(11) INDEXES, alphabetical, direct and in- 
verse, to all of the foregoing books. 

History.— S1391 RS 1892; GS 1832; S2, ch. 7335, 1917; RGS 
3077; CGL 4858; §§1, 2, ch. 16079, 1933; CGL 1936 Supp. 88476(1), 
4865(1); §1. ch. 19270, 1939. 
cf. — §116.08, County commissioners to furnish books. 

§319.15 Title certificate, notice ol lien. 

§319.27 Notation of certificates. 

§701.03 Cancellation of mortgages. 

28.221 Same; alternative method. — 

(1) In lieu of the separate books now re- 
quired to be kept by the clerks of the circuit 
courts for the purpose of recording each kind 
or class of instrument which they are or here- 
after may be required by law to record, said 
clerks of the circuit courts may record any 
or all of these instruments in one general 
series of books to be called "Official Records". 
The series shall be numbered consecutively 
beginning with number one. 

(2) In lieu of separate indexes for each 
kind or class of instrument, a general alpha- 
betical index, direct and inverse, to any or 
all kinds or classes of instruments may be 
kept by the clerks of the circuit courts. 

(3) The recording of instruments in "Offi- 
cial Records" as set forth in subsection (1) im- 
parts notice in like manner and effect as if 
the instruments were recorded in separate 
books. 

74) Certified transcripts of judgments and 
decrees recorded in "Official Records" shall 
become liens on the real estate of the de- 
fendants in the county where the same are 
recorded in the same manner as if said cer- 
tified transcripts had been recorded in the 
judgment lien record. 

(5) The recording of all judgments here- 
tofore made under §28.221, is hereby validated 
and confirmed and they are hereby declared 
to be liens on the real property of the defend- 
ants in the counties where the same are re- 
corded in the same manner as if certified 
transcripts thereof had been recorded in the 
judgment lien record. 

(6) The clerk of the circuit court may make 
notations of mortgage assignments and satisfac- 
tions on the margin of the record of the mort- 
gage or lien satisfied or assigned. 

History §§1-4, ch. 28033, 1953; (5) n. §1, ch. 29995, 1955; (6) 

n. §1, ch. 61-383. 



Ch. 28 



CLERK OF THE CIRCUIT COURT 



Ch. 28 



28.23 Two sets of indexes in certain cases. 

— When furnished by the board of county com- 
missioners, the clerk of the circuit court shall 
keep two sets of books of index in and for 
his county; one of which sets shall refer to 
lands which have been platted, the other to 
lands which have not been platted. In the 
direct index the books shall embrace, at least, 
the following features, and should be so ruled : 
Grantor, grantee, consideration, instrument, 
date of filing, where recorded, volume, page, 
brief abstract of description. Upon the requisi- 
tion of said clerk, the board of county commis- 
sioners, if they deem it advisable, shall furnish 
the necessary books. Whenever deemed ad- 
visable, the board of county commissioners 
shall have the books indexed to date as is in- 
dicated herein, or in a manner similar thereto. 
In the direct index, the names of the grantors 
shall be arranged alphabetically. In the in- 
verse index, the names of the grantees shall be 
indexed alphabetically and made to contain 
only the names of the grantees and grantors. 

History.— §1, ch. 4140, 1893; GS 1833; RGS 3078; CGL 4861. 

28.24 Compensation of clerk of the circuit 
court. — The compensation of the clerk of the 
circuit court, as clerk or recorder, shall be 
entirely by fees and, unless otherwise provided, 
shall be as follows : 

Approving bond $ 1.00 

Copying, by other than photographic 
process, and certifying, any instru- 
ment recorded in the public records : 
First page of record or fraction 
thereof 



Each additional page or fraction 
thereof 



Court attendance by Clerk or deputy 
clerk, per diem 



Court minute book writing, per page 

Entering other matters required in the 

records of courts (except as herein 

otherwise provided) : 

For the first 100 words or less 



For each additional 100 words or 

less 

Examining, comparing, correcting, ver- 
ifying, and certifying transcripts of 
record, in appellate proceedings or 
otherwise, prepared by attorney for 
appellant, or someone else other than 
clerk, per page 



Plus, for recopying or remaking 
any part found incorrect, per 

page 

Filing any paper required to be filed, 
not otherwise provided for herein 



For certifying copies of any instru- 
ment recorded in the public records 

For filing any renewal affidavit and 
reindexing instrument so renewed 
and making the necessary marginal 
notation - 

Grand jury, calling or swearing each 

time 

Recording of 



1.00 

.60 

15.00 
2.00 



.25 
.15 



.50 



1.00 
.25 
.50 



Jurors, certifying to state comptroller 
as to each 



1.50 

1.00 
.50 

.20 



Jurors, paying of, and making and re- 
porting payrolls of to state comp- 
troller, per copy 



Making, by photographic process, 
copies of any instrument recorded in 
the public records, per page of not 
more than 14 inches by 8% inches 

Making marginal notation on the rec- 
ord of satisfaction or assignment of 
mortgage or judgment, each nota- 
tion in excess of one 



Making transcripts of record, in appel- 
late proceedings or otherwise : 

Original certified transcript, page . 
Each uncertified carbon copy, per 

page . 

Moneys, received into registry of court 
and paying out: 

First $500.00, per cent 



Each subsequent $100.00, per cent 
Oath, administering, attesting and 
sealing, not otherwise provided for 

herein 

Plats, examining, certifying, and re- 
cording: 
First page 



Each additional page 



Recording any instrument other than 
by photographic process 

First page or fraction thereof 



Each additional page or fraction 
thereof 



Recording by photographic process, for 
each necessary exposure not more 
than 14 inches by 8% inches as fol- 
lows: 
For instruments consisting of not 
more than one page or fraction 
thereof 



For instruments consisting of more 
than one page: 
First page 



Each additional page 



Recording veteran's certificate of dis- 
charge, report of separation, or cer- 
tificate of service 



Reporting deeds to tax assessor, each 
deed (to be collected from person 
filing deed for record) . 



Seal, affixing to any paper other than 
those herein specifically mentioned 

Searches of records, for each year's 
search 

Subpoena for witnesses, not otherwise 
provided for herein, issuing, docket- 
ing, and filing 



Validating certificates, any authorized 
bonds, each 



Venire facias, issuing 



Plus, for each name included 



Witnesses, paying of and making and 
reporting payroll to state comptrol- 
ler, per copy 



Plus, for certifying to each name 

Writing any paper other than herein 
specifically mentioned, same as for 
copying; indexing each entry 



1.00 
1.00 

.50 

1.00 
.12i/ 2 



1 

y 2 



.50 



15.00 
10.00 



2.25 
1.00 



2.00 



2.00 
1.00 



.50 

.25 
.25 
.25 

1.00 

.25 

1.00 

.10 



1.00 
.20 



.15 



Ch. 28 



CLERK OF THE CIRCUIT COURT 



Ch. 28 



# The word "issuing," when used in this sec- 
tion, shall be construed to include the writing, 
signing, and sealing of such instrument. The 
fees set forth above shall be the entire com- 
pensation of the clerk for all his services in 
connection with the documents, instruments, 
and performance of the duties enumerated 
above. 

History.— §1, ch. 3106, 1879; RS 1394; GS 1839; RGS 3084; $1, 
Ch. 11893, 1927; CGL 4867; §2, ch. 29749, 1955; §1, ch. 63-45. 
Cf.— Additional fees, §§28.18, 32.12, 36.17, 47.36, 298.08, 298.09, 

298.67, 634.03, 534.06, 707.15, 865.09. 

28.241 Filing fee for trial and appellate pro- 
ceedings. — 

(1) The party instituting any civil action, 
suit or proceeding in the circuit court shall pay 
to the clerk of said court a fee of twelve dollars 
in all cases where there are not more than five 
defendants, and an additional fee of twenty- 
five cents for each defendant in excess of five. 
An additional fee of five dollars shall be paid 
by the party seeking each severance that is 
granted. Fees in excess of those herein fixed 
may be imposed by special or local law, and 
such excess, together with not more than twenty 
per cent of the fees herein fixed, shall be 
expended as provided by any special or local 
law, now or hereafter in force, in providing and 
maintaining facilities, including a law library, 
for the use of the courts of the county wherein 
the fees are collected. Postal charges incurred 
by the clerk of the circuit court in making 
service by certified or registered mail on 
defendants or other parties in excess of two 
shall be paid by the party at whose instance the 
same is served. That part of the within fixed 
or allowable fees as is not by local or special 
law applied to the special purposes herein 
specified shall constitute the total fees of the 
clerk of said court for all services performed 
by him in civil actions, suits or proceedings. 

(2) The clerk of the circuit court of any 
such county in the state shall be paid as fees 
for all services to be performed by him in any 
criminal action or proceeding in said court in 
lieu of all other fees heretofore charged, ex- 
cept as hereinafter provided, the sum of ten 
dollars for each defendant; provided, however, 
that in cases involving capital punishment the 
fee shall be fifteen dollars. Except, in any 
county where a law creates a law library fund 
or other special fund this fee may be increased 
for the purpose. 

(3) Upon the institution of any appellate 
proceeding from any inferior court to the cir- 
cuit court of any such county, or from the cir- 
cuit court to the supreme court of the state, 
there shall be charged and collected by the 
clerk from the party or parties instituting such 
appellate proceedings, in lieu of all other fees 
heretofore charged, except as hereinafter pro- 
vided, the sum of three dollars and fifty cents. 

(4) All laws and parts of laws in conflict 
with the provisions of subsection (1) of this 
section are hereby repealed. 

(5) Nothing in this section shall be con- 
strued to include the fees of the clerk for pre- 
paring or verifying transcript of record in 



appellate proceedings, or for furnishing copies 
of any record or paper, or for receiving into 
and paying out moneys from the registry of the 
court, or for recording any certified transcripts 
of judgments in the judgment lien record as 
required by §55.10, or fees for holding mortgage 
foreclosure sales under §702.02(2). 

(6) This section shall not apply to any suit 
or proceeding pending on the day it goes into 
effect. 

History.— §§3-9, ch. 26931, 1951; §83-5. Ch. 29749, §(7)r. §8, Ch. 
29749, 1955; (1), (4) §§1, 2, Ch. 57-322; (1) {1, ch. 63-47; (5) {1, 
ch. 63-43. 

28.25 Compensation as clerk of board of 
county commissioners. — The compensation of 
the clerk of the circuit court as clerk of the 
board of county commissioners shall be fixed 
by the said board of county commissioners, and 
upon a basis proportionate to the compensa- 
tion allowed by law for other services. 

History.— §1, ch. 1882, 1872; RS 1395; (1, ch. 4909, 1901; OS 
1840; RGS 3085; CGL 4868. 

28.26 To keep record of criminals.— The 

clerk of the circuit court shall provide a book 
in which the names of all persons convicted 
of crimes in any of the courts of the county 
having criminal jurisdiction shall be properly 
recorded, with a statement of the crime for 
which conviction was had. Such book shall be 
properly indexed, with the names recorded 
therein, for easy reference of all persons con- 
cerned. 

History.— §1, ch. 3726, 1887; RS 2798; GS 3848; RGS 5943; CGL 
8209. 

28.27 Clerks and justices to certify names 
of convicts to circuit clerk. — The clerks of all 
other courts in the county, having criminal 
jurisdiction, or the county judge or justice of 
the peace, shall certify to the clerk of the cir- 
cuit court the names of all persons convicted 
of crimes in their respective courts, with a 
statement of the crime for which conviction 
was had, within twenty days after the date of 
conviction. 

History.— §2799, RS 1892; GS 3849; RGS 5944; CGL 8210. 

28.28 Recording certified copies of petitions 
in bankruptcy. — A certified copy of a petition, 
with schedules omitted, commencing a proceed- 
ing under the Bankruptcy Act of the United 
States, or of the decree of adjudication in such 
proceeding, or of the order approving the bond 
of the trustee appointed in such proceeding, 
may be filed, indexed and recorded in the office 
of the clerk of the circuit court in the same 
manner as deeds. It shall be the duty of the 
clerk of the circuit court to file, index under 
the name of the bankrupt, and record such certi- 
fied copies filed for record in the same manner 
as deeds, for which services he shall be entitled 
to the same fees as are provided by law for 
filing, indexing and recording deeds. 

History.— §1, ch. 20227, 1941. 

28.29 Written orders, judgments, or decrees 
not to be recorded. — 

(1) No written order, judgment or decree, 
except an order of dismissal, a final judgment 



Ch. 28 



CLERK OF THE CIRCUIT COURT 



Ch. 28 



or a final decree, in any action at law or suit in 
equity in any of the several courts of the state, 
shall be recorded in the minutes of the court 
or the chancery order book, unless the court, 
on oral or written motion of any party to 
the cause, or of its own motion, shall order its 
recordation. Every order of dismissal, final 
judgment and final decree shall be recorded. 

(2) Orders, judgments and decrees not re- 
corded pursuant to the provisions of this section 
shall be equally valid as if recorded. 

(3) The incorporation in any such written 
order, judgment or decree, except an order of 
dismissal, a final judgment or a final decree, or 
substantially the following words, to wit: "To 
be recorded," shall be a sufficient compliance 
with the foregoing adjudication to require such 
order, judgment or decree to be recorded. 

History §1-3, ch. 23825, 1947. 

28.30 Destruction, photographing, etc., cer- 

(1) The purpose of §§28.30-28.31 is to make 
available for the use of the clerks of the circuit 
court of the several counties of the state suf- 
ficient space to enable them to efficiently ad- 
minister the affairs of office. 

(2) The clerk of the circuit court of each 
county of the state is hereby authorized to 
destroy all vouchers and cancelled warrants as 
hereinafter provided. 

(3) The clerk of the circuit court of each 
county of the state is hereby authorized, in 
his discretion, to destroy all vouchers and can- 
celled warrants which are over five years old 
and after audit of his office by the state audit- 
ing department has been completed for the 
period embracing the dates of said instruments. 

(4) Each clerk of the circuit court is author- 
ized to photograph, microphotograph or repro- 
duce on film such of the vouchers and cancelled 
warrants as he, in his discretion, may select, 



and photographs, microphotographs or other 
reproductions on film shall be admissible in 
evidence with the same force and effect as the 
originals. Duly certified or authenticated re- 
productions of such photographs, microphoto- 
graphs or other reproduction on film shall be 
admitted in evidence equally with the original 
photographs, microphotographs or other repro- 
ductions on film. 

History.— §§1-4, ch. 25433, 1040. 

28.31 Notice to county commissioners of in- 
tent to destroy; approval of board. — The clerk 
of the circuit court shall notify the board of 
county commissioners of his county in writing 
a reasonable time in advance of his intention 
to destroy such records and if for any reason 
the board of county commissioners of such 
county shall request the clerk to withhold de- 
struction of such records the clerk shall refrain 
until such time as he obtains approval of such 
board. 

History.— §5, Ch. 25433, 1949. 

28.32 Destruction of certain instruments. — 

After the expiration of twenty years from the 
date of the execution of any bond or other in- 
strument held by the clerk of the circuit court 
or a sheriff of any of the several counties of the 
state, which said instrument was executed 
to secure the performance or non-performance 
of any act or matter and no proceeding of any 
type is pending involving said instrument any 
of the several clerks of the circuit courts or 
sheriffs of the state are hereby authorized, em- 
powered and directed to cancel said instru- 
ments and to destroy the same upon making 
appropriate notation of the destruction and 
disposition thereof upon any remaining rec- 
ords pertaining thereto. 

History.— §1, ch. 25502, 1949. 
ci.— Chapter 30, sheriffs. 






Ch. 29 



OFFICIAL COURT REPORTERS 



Ch. 29 



CHAPTER 29 
OFFICIAL COURT REPORTERS 



29.01 Official court reporter. 

29.02 Duties of court reporter. 

29.03 Compensation for services. 

29.04 Salaries, expenses, etc., of official circuit 

court reporters. 

29.05 Transcripts in criminal cases. 

29.01 Official court reporter. — There shall 
be, whenever the presiding judge or judges 
shall deem it necessary in any judicial circuit 
in this state, an official court reporter of tes- 
timony and proceedings in trials at law in the 
circuits. Such reporter shall be an efficient re- 
porter, experienced in reporting judicial pro- 
ceedings, and shall be appointed by the gover- 
nor upon the recommendation of the circuit 
judge or judges of the circuit, provided that 
where by law such reporter is also the official 
reporter of any criminal court of record in any 
county in the circuit such recommendation shall 
be by the judge or judges of said criminal 
court as well as by the circuit judge or judges. 
Such reporter when appointed shall hold office 
during the pleasure of the governor. 

History.— §1, ch. 6122, 1903; OS 1844; RGS 3089; §1, ch. 11976, 
1927; COL 4872. 

29.02 Duties of court reporter. — The official 
court reporter shall, upon the request of the 
presiding judge, or that of the state attorney or 
defendant, report the testimony and proceed- 
ings, with objections made, the ruling of the 
court, the exceptions taken, and oral or written 
charges of the court in the trial of any criminal 
case in the circuit court, and the testimony in 
any preliminary hearing when so requested by 
the circuit judge or state attorney of that cir- 
cuit, and shall report the testimony and pro- 
ceedings with objections made, the rulings of 
the court, the exceptions taken, and oral or 
written charges of the court in the trial of any 
civil case in said court upon the demand or 
request of the attorney for either party. 

History.— §2, ch. 6122, 1903; GS 1846; RGS 3090; §2, Ch. 11976, 
1927; CGL 4873. 

29.03 Compensation for services. — The offi- 
cial circuit court reporter shall be entitled to 
receive for each day or fraction of a day in 
which such reporter shall be engaged in report- 
ing testimony and proceedings in any civil case 
not less than ten dollars a day, nor less than 
ten dollars in any one case, for each day or 
fraction of a day in which such reporter shall 
be engaged; and said reporter shall also, when 
ordered by either party in a criminal case or by 
the presiding judge report the arguments of 
counsel arguing the facts to the jury, and shall 
receive as compensation therefor not less than 
ten dollars for reporting each such argument. 
Such reporter shall receive for each typewritten 
transcript of his notes of the testimony and 
proceedings taken at the trial of any civil or 
criminal cause, and furnished on demand of 
either party to the suit for which the testimony 
and proceedings are taken, the amount of fifty 
cents per page for the original and the amount 






29.06 Transcript prima facie evidence. 

29.07 Special court reporter. 

29.08 Appointment of deputies. 

29.09 Women eligible as court reporters. 

29.10 Assistant court reporters, first judicial 

circuit. 

of twenty-five cents per page for each carbon 
copy thereof; and each such transcript page 
shall consist of not less than twenty-five lines 
of double-spaced pica typing. Such reporter 
shall receive the same fees as provided in this 
section when rendering similar service in crimi- 
nal or other courts of this state. There shall be 
no more official circuit court reporters in each 
judicial circuit than there are circuit judges 
therein. 

History— §3, ch. 5122, 1903; GS 1846; RGS 3091; 83, ch. 11976, 
1927; CGL 4874; |1, ch. 28275, 1953. 

29.04 Salaries, expenses, etc., of official cir- 
cuit court reporters. — 

(1) Each official circuit court reporter shall 
receive an annual salary of three thousand dol- 
lars, payable in twelve equal monthly install- 
ments by the state treasurer, upon requisition 
of such court reporter, provided, however, that 
in counties having a population of more than 
two hundred thousand inhabitants according to 
the latest official census the compensation of 
such court reporters shall be one thousand 
eight hundred dollars per annum payable in 
equal monthly installments. Such reporter, 
when in attendance upon the trial of any cause 
in any county of his circuit, shall be reimbursed 
for traveling expenses as provided in §112.061. 
Said reporter shall at all times be subject to the 
call and order of the circuit judge to perform 
any service required by this chapter. No re- 
porter shall report for more than one judicial 
circuit except in cases where the reporter of 
such circuit is incapacitated. 

(2) The provisions of this section and 
§29.03 shall not apply to the court reporter in 
Volusia county, but shall apply to the consti- 
tutional court of record of Escambia county. 

History.— §4, ch. 5122, 1903; GS 1847; RGS 3092; 84, ch. 11976, 
1927; CGL 4875; |1, ch. 15720, 1931; |1, ch. 15859, 1933; |1, ch. 
19218, 1939; CGL 1940 Supp. 4875(1); 81. Ch. 22853, 1945; (1) 82, 
(2) §3, ch. 28275, 1953; (1) 819, ch. 63-400. 

Subsection (2) held unconstitutional in state ex rel Lynch T. 
Gay, 72 So. 2d 274 as to court reporter in Volusia county, 
of.— 827.25(1) (b) Stenographers authorized to perform court re- 
porter service. 
§29.07 Special court reporter. 

29.05 Transcripts in criminal cases. — Upon 
the demand of the state attorney, or the presid- 
ing judge in any criminal case, or the defend- 
ant within the time allowed for taking an ap- 
peal and for the purpose of taking an appeal in 
a criminal case, such reporter shall furnish 
with reasonable diligence a typewritten tran- 
script of the testimony and proceedings, to- 
gether with the charges of the court, and shall 
receive therefor the same fees for such tran- 
script as provided in §29.03, and the costs for 
same shall be taxed as costs in the case. 

History §4, ch. 5122, 1903; RGS 3092; 85, ch. 11976, 1927; 

CGL 4876; 81, ch. 57-223. 



Ch. 29 



OFFICIAL COURT REPORTERS 



Ch.29 



29.06 Transcript prima facie evidence. — The 

report of such official stenographer, when writ- 
ten out in long-hand writing or printed in type 
and certified to by him as being a correct tran- 
script of the testimony and proceedings in the 
case, shall be prima facie a correct statement 
of such testimony and proceedings; provided, 
that his signature to such certificate be duly 
acknowledged by him before a notary public 
or some judicial official of this state. 

History §5, ch. 6122, 1903; GS 1848; BOS 3093; CGL 4877. 

29.07 Special court reporter. — In case any 
official reporter shall not have been appointed 
in any circuit, or where the official reporter is 
disqualified or unable to perform his duties, it 
shall be within the discretion of the judge to 
appoint a special reporter in any case, civil or 
criminal, upon demand of any of the parties 
therefor; said special reporter shall perform 
the same services and receive the same pay in 
the same manner as the official reporter. 

History.— 11850 GS 1906; BGS 3095; CGL 4879. 

29.08 Appointment of deputies. — Official re- 
porters may appoint one or more deputies. Such 
deputies shall have the power to perform any 
duty that the official reporter might perform, 
but such official reporter shall be responsible 
for the action of the deputy. 

History.— §1851 GS 1906; BGS 3096; CGL 4880. 

29.09 Women eligible as court reporters. — 

Women, filling the requirements of this chapter, 
shall be eligible for appointment by the gover- 
nor, as official court reporters. 

History.— §6, ch. 6122, 1903; GS 1849; BGS 3094; CGL 4878. 

29.10 Assistant court reporters, first judi- 
cial circuit. — In the first judicial circuit there 



shall be four assistant court reporters and one 
official court reporter to be appointed by the 
governor upon the recommendation of the cir- 
cuit judge or judges of the county in which 
there is a vacancy in the office of court reporter 
or assistant court reporter and when appointed 
such reporters shall hold office during the 
pleasure of the governor. 

Whenever the official court reporter shall re- 
side in the largest county of the circuit one as- 
sistant court reporter shall also reside in such 
county. Whenever the official court reporter 
shall not reside in the largest county of the 
circuit two assistant court reporters shall re- 
side in the largest county of the circuit. The 
official court reporter when residing in the 
largest county of the circuit shall be a secretary 
of the circuit judge or judges residing in said 
county. The assistant court reporters shall work 
under the supervision of the official court re- 
porter and the direction of the circuit judge or 
judges. When the official court reporter shall 
not reside in the largest county in the circuit 
the assistant court reporter having the longest 
period of continuous service in the circuit and 
residing in the largest county shall be a secre- 
tary of such circuit judge or judges residing in 
said county. Of the court reporters hereinabove 
provided for, there shall be a court reporter 
resident in each of the remaining three counties 
of said circuit who shall also serve as a secre- 
tary to the circuit judge or judges residing in 
each such county. The compensation of the 
assistant court reporters and the official court 
reporter shall be the same and shall be paid 
at the same time and in the same manner. 

History.— §1, ch. 29697, 1955; |1, ch. 67-69; |1, ch. 69-71; 51, 
ch. 63-394. 






Ch. 30 



SHERIFFS 



Ch. 30 



CHAPTER 30 
SHERIFFS 



30.01 Bond of sheriffs ; small counties. 

30.02 Bond of sheriffs ; large counties. 

30.03 Obligation of sureties. 

80.04 Justification of sureties. 

30.05 Surety companies. 

80.06 Liability of sureties. 

80.07 Deputy sheriffs. 

30.08 Name and address of deputy to be filed. 

30.09 Qualification of deputies; special depu- 

ties. 

30.10 Place of office. 

80.11 Place of residence. 

30.12 Power to appoint sheriff, etc. 

80.13 Disposition of papers, etc., of deceased 

sheriff. 

30.14 Expiration of term. 

80.15 Powers, duties and obligations. 
80.17 To keep an execution docket. 

80.19 Failure to execute process. 

30.20 False return. 

30.21 Failure to pay over money. 

30.22 When sheriff may accept service. 

80.23 Fees of sheriffs and constables; 

amounts; payment. 
30.231 Service of summons and subpoenas. 

80.24 Mileage and necessary expenses when 

required to go out of state. 

30.25 Compensation for feeding prisoners. 

80.26 Fees for services in lunacy proceedings. 

80.27 Constructive mileage not to be charged. 

80.28 To deliver prisoners to successor. 

80.29 Sheriffs may furnish guard service 

against sabotage, etc. 
30.291 Closing of public facilities upon threat 
of violence. 

30.30 Writs, process, etc.; duties and liabili- 

ties in levying. 

30.01 Bond of sheriffs; small counties. — In 

each county of the state, having a population 
of one hundred fifty thousand or less according 
to the last state census, the sheriff shall, before 
being commissioned, give bond in a penalty 
which shall not be less than two hundred dol- 
lars nor more than ten thousand dollars, to be 
fixed by the board of county commissioners of 
his county, payable to the governor of the state 
and his successors in office, with two or more 
good and sufficient sureties to be approved by 
the board of county commissioners and the 
comptroller, and to be filed with the secretary 
of state, which said bond shall be conditioned 
upon the faithful discharge of the duties of his 
office. 

History.— 51. ch. 3724, 1887; BS 1237; OS 1666; EGS 2871; CGL 
4568; {1, ch. 20719, 1841. 

30.02 Bond of sheriffs; large counties. — In 

each county in the state, having a population in 
excess of one hundred fifty thousand according 
to the last state census, the sheriff shall, before 
being commissioned, give bond in a penalty 
which shall not be less than ten thousand dol- 
lars nor more than twenty-five thousand dollars 
to be fixed by the board of county commis- 
sioners of his county, payable to the governor 



30.31 

30.32 
30.33 
30.34 

30.35 
30.36 
30.37 
30.38 
30.39 

30.40 
30.41 



30.42 
30.43 



30.44 
30.45 
30.46 



30.48 
30.49 
30.50 
30.51 
30.52 
30.53 
30.55 
30.56 



Fingerprinting persons charged with 
crime. 

Duties as timber agent. 

Proceedings on claim to timber. 

Certificate of reasonable cause for sei- 
zure. 

Compensation as timber agent. 

Florida sheriffs' bureau. 

Same ; general powers and duties. 

Same ; executive secretary. 

Florida sheriffs' bureau investigators; 
selection and assignment; authority. 

Salaries and expenses of personnel. 

Headquarters; criminal analysis labora- 
tory; miscellaneous powers and duties 
of bureau. 

Training of peace officers approved by 
the bureau. 

Purchase of equipment and supplies; 
facilities of other state agencies to be 
available to bureau. 

Construction of law. 

Sheriff's fee. 

Sheriffs; motor vehicles color combina- 
tion; badges; simulation prohibited; 
penalties. 

Salaries. 

Budgets. 

Payment of salaries and expenses. 

Fees and commissions. 

Handling of public funds. 

Independence of constitutional officials. 

Liability insurance. 

Release of traffic violator on recogni- 
zance or bond; penalty for failure to 
appear. 



of the state and his successors in office, with 
two or more good and sufficient sureties to be 
approved by the board of county commissioners 
and the comptroller, and to be filed with the 
secretary of state, which bond shall be con- 
ditioned upon the faithful discharge of the du- 
ties of his office. 

History.— §§1, 4, ch. 3724, 1887; BS 1237; GS 1666; BOS 2871; 
CGL 4568; 51, ch. 17754, 1837. 

30.03 Obligation of sureties. — Each surety 
upon such bond may bind himself for a speci- 
fied sum, but the aggregate amount for which 
the sureties may bind themselves shall not be 
less than the penalty of the bond. 

History.— 59, ch. 3724, 1887; BS 1238; GS 1667; BGS 2872; 
CGL 4569; 52, ch. 17754, 1937; 51. ch. 20719, 1941. 

30.04 Justification of sureties. — Each surety 
upon such bond shall make an affidavit that he 
is a resident of the county for which the officer 
is to be commissioned, and that he has sufficient 
visible property therein, unencumbered and not 
exempt from sale under legal process, to make 
good his bond. 

History 510, ch. 3724, 1887; BS 1239; GS 1668; BGS 2873; 

CGL 4570; 53, ch. 17754, 1937; 51, ch. 20719, 1941. 

30.05 Surety companies. — The provisions of 
§§30.01-30.04, as to number of sureties, affida- 



Ch. 30 



SHERIFFS 



Ch. 30 



vits of residence and justification of same shall 
not apply to solvent surety companies author- 
ized to do business and execute bonds in this 
state. 

History.— §4, ch. 3724, 1887; RS 1237; GS 1666; RGS 2871; CGL 
4568; §4, ch. 17764, 1937; §1, ch- 20719, 1941. 

30.06 Liability of sureties. — The sureties 
shall be liable for all fines and amercements 
imposed upon the principal, or sheriff. 

History.— §4, ch. 987. 1859; RS 1240; GS 1669; RGS 2874; CGL 
4571; §1, ch. 20719, 1941. 

30.07 Deputy sheriffs.— Sheriffs may ap- 
point deputies to act under them who shall have 
the same power as the sheriff appointing them, 
and for the neglect and default of whom in the 
execution of their office the sheriff shall be 
responsible. 

History.— S4, ch. 1659, 1868; RS 1247; GS 1675; RGS 2881; CGL 
4578. 

30.08 Name and address of deputy to be filed. 

— The name and number of the voting precinct 
of each deputy sheriff, appointed by the sheriff, 
shall be filed with the board of county commis- 
sioners, at their first regular meeting after such 
appointment, and the same shall become a part 
of the minutes of said board of county 
commissioners. 

History.— Jl, ch. 6209, 1911; RGS 2882; CGL 4579; §1, ch. 22790, 
1945. 

30.09 Qualification of deputies; special dep- 
uties. — 

(1) BOND, SURETIES, PERFORMANCE 
OF SERVICES.— Each deputy sheriff, ap- 
pointed as aforesaid, shall be required to give 
bond in the penal sum of one thousand dollars, 
payable to the governor of Florida and his suc- 
cessors in office, with two or more good and 
sufficient sureties, to be approved by the board 
of county commissioners and filed with the 
clerk of the circuit court, which bond shall be 
conditioned upon the faithful performance of 
the duties of his office. No deputy sheriff shall 
be allowed to perform any services as such 
deputy until he shall subscribe to the oath now 
prescribed for sheriffs and until the approval 
of his bond. The aforesaid sureties shall be 
liable for all fines and amercements imposed 
upon their principal. 

(2) SURETY COMPANIES.— The requisite 
of two sureties and justification of same shall 
not apply where surety is by a solvent surety 
company authorized to do business in this state. 

(3) LIABILITY OF SHERIFF.— The giving 
of said bond by said deputy shall not in any 
manner relieve the sheriff of the liability for 
the acts of his deputies. 

(4) EXCEPTIONS. — The provisions of this 
section, and of §30.08, shall not apply to the 
appointment of special deputy sheriffs when 
appointed by the sheriff, under the following 
circumstances : 

(a) On election days, to attend elections; 

(b) To perform undercover investigative 
work; 

(c) For specific guard or police duties in 
connection with public sporting or entertain- 
ment events, not to exceed thirty days; or, for 



watchman or guard duties, when serving in 
such capacity at specified locations or areas 
only. 

(d) For special and temporary duties, with- 
out power of arrest, in connection with guard- 
ing or transporting prisoners ; 

(e) To aid in preserving law and order, or 
to render necessary assistance in the event of 
any threatened or actual hurricane, fire, flood, 
or other natural disasters, or in the event of 
any major tragedy such as an airplane crash, 
train or automobile wreck, or similar accident; 

(f ) To raise the power of the county, by call- 
ing bystanders or others, to assist in quelling 
a riot or any breach of the peace, when ordered 
by the sheriff or an authorized general deputy. 

(g) The appointment of any such special 
deputy sheriff shall be recorded in a register 
maintained for such purpose in the sheriff's 
office, showing the terms and circumstances of 
such appointment. 

(5) REMOVAL FOR VIOLATION.— A vio- 
lation of this section shall subject the offender 
to removal by the governor. 

History.— §§1-4, 6, Ch. 6478, 1913; RGS 2883; CGL 4580; §2, ch. 
22790, 1945; (4) by $1, ch. 57-93. 

30.10 Place of office. — The place of office of 
every sheriff shall be at the county seat of the 
county. 

History.— §3, Feb. 12, 1834; RS 1248; GS 1676; RGS 2884; CGL 
4581. 

30.11 Place of residence. — The sheriff, or his 
deputy, shall reside at the county seat or within 
two miles thereof. 

History.— §1, ch. 1851, 1871; RS 1249; GS 1677; RGS 2885; CGL 
4582. 

30.12 Power to appoint sheriff, etc. — When- 
ever any sheriff in the state shall fail to attend 
in person, or by deputy, any term of the circuit 
court, court of record, civil court of record, 
county court or criminal court of his county, 
from sickness, death or other cause, the judge 
attending said court may appoint a sheriff, who 
shall assume all the responsibilities, perform 
all the duties, and receive the same compensa- 
tion as if he had been duly appointed sheriff, 
for said term of court and no longer. 

History.— §1, ch. 1394, 1863; RS 1243; GS 1672; RGS 2877; CGL 
4574; §3, ch. 22790, 1945. 
cf.— §47.12, Process; by whom served. 

30.13 Disposition of papers, etc., of de- 
ceased sheriff. — Whenever any sheriff shall die, 
his executors, administrators or other represent- 
atives shall hand over to his successor in office, 
taking a receipt for the same, all the papers 
in the possession of and belonging to such de- 
cedent as sheriff; and if in any case, a successor 
should not be qualified in due time to serve or 
execute the process of the court, the deputy of 
such deceased sheriff, if there should be one, 
or some other person, shall be employed by an 
order from the judge of the circuit court to 
receive from the representatives of the dece- 
dent and execute all process which remained 
in his possession at the time of his decease. 

History.— §15, Nov. 23, 1828; RS 1253; GS 1681; RGS 2889; CGL 
4586. 
cl.— §28.32, Destruction of certain Instruments. 



Ch. 30 



SHERIFFS 



Ch. 30 



30.14 Expiration of term. — The sheriff shall, 
at the expiration of his term of office, turn over 
to his successor by schedule (taking a receipt 
for the same) all such writs and processes as 
shall remain in his hands unexecuted, and his 
successor in office shall duly execute and return 
the same; and in case any sheriff shall neglect 
or refuse to turn over such process in manner 
aforesaid, every such sheriff so neglecting or 
refusing, and his sureties, shall be liable to 
make such satisfaction by damage and costs to 
the party aggrieved as he shall sustain by rea- 
son of such neglect or refusal ; and the succeed- 
ing sheriff shall sell and carry into effect any 
levy made by any predecessor in office in like 
manner as the former sheriff could have done 
had he continued therein, and shall make titles 
to the purchaser for all the property sold under 
execution or other process and not conveyed 
by any predecessor. 

History — 816, Nov. 23, 1828; RS 1254; GS 1682; RGS 2890; CGL 
4587; §7, ch. 22858, 1945. 

30.15 Powers, duties and obligations. — Sher- 
iffs, in their respective counties, in person or by 
deputy, shall : 

(1) Execute all process of the supreme 
court, circuit courts, courts of record, civil 
courts of record, county courts, criminal courts 
and boards of county commissioners, of this 
state, '.o be executed in their counties ; 

(2) Execute such process of the county 
judges' courts and justice of the peace courts, 
as may come to their hands to be served in their 
counties; and, 

(3) Execute such other writs, processes, 
warants and other papers directed to them, as 
may come to their hands to be executed in their 
counties. 

(4) Attend all terms of the circuit court, 
court of record, civil court of record, county 
court, criminal court and county judge's court 
held in their counties ; and, 

(5) Attend all meetings, and execute all or- 
ders, of the boards of county commissioners of 
their counties ; for which services they shall re- 
ceive such compensation, out of the county 
treasury, as said boards may deem proper. 

(6) Be conservators of the peace in their 
counties. 

(7) Suppress tumults, riots and unlawful 
assemblies in their counties with force and 
strong hand when necessary. 

(8) Apprehend, without warrant, any per- 
son disturbing the peace, and carry him before 
the proper judicial officer, that further proceed- 
ings may be had against him according to law. 

(9) Have authority to raise the power of the 
county and command any person to assist them, 
when necessary, in the execution of the duties 
of their office; and, whoever, not being physi- 
cally incompetent, refuses or neglects to render 
such assistance, shall be punished by imprison- 
ment in jail not exceeding one year, or by fine 
not exceeding five hundred dollars. 

(10) Be, ex officio, timber agents for their 
counties. 



(11) Perform such other duties as may be 
imposed upon them by law. 

History.— §14, Ch. 4, 1845; 581, *, ch. 157, 1848; §9, ch. 1626, 
1868; SSI, 2, ch. 1659, 1868; RS 650, 651, 653, 1241, 1242, 2583; 
GS 991, 992, 994, 1670, 1671, 3503; RGS 1804, 1805, 1807, 2875, 
2876, 6388; CGL 2856, 2857, 2859, 4572, 4573, 7527, 84, ch. 22970, 
1945. 

cf.— Execution of process; §§11.08, 34.07, 47.12, 350.60. 
Executive officer; §§26.49, 34.07, 36.11, 37.16. 

Note.— Formerly §§144.01, 144.02, 144.03, 30.16. 

30.17 To keep an execution docket. — The 

sheriff shall keep an execution docket, which 
shall contain a list of all executions, orders 
and decrees directed to him, in relation to the 
collection of moneys, and a statement of all 
moneys credited on such orders, executions and 
decrees, and when and to whom and by whom 
paid. 

Said docket shall be laid before the court at 
each term, and be subject to the inspection of 
all parties interested. 

His failure to keep said docket, to lay it be- 
fore the court or to allow inspection of the 
same, shall be considered a contempt of court, 
and subject him to a fine not exceeding one 
hundred dollars, at the discretion of the court. 

History^§§l-3, ch. 1553, 1866; RS 1245; GS 1673; RGS 2878; 
CGL 4575. 

30.19 Failure to execute process. — Every 
sheriff or deputy failing to execute any writ or 
other process, civil or criminal, to him legally- 
issued and directed within his county and make 
due return thereof, where such process shall be 
delivered to him in time for execution, shall 
forfeit one hundred dollars for each neglect, to 
be paid to the party aggrieved, by the order of 
the court, upon motion and proof of such de- 
livery, unless such sheriff or deputy can show 
sufficient cause for such failure or neglect to 
the court. 

History.— §1, ch. 907, 1859; RS 1250; GS 1678; RGS 2886; CGL 
4583. 

30.20 False return. — For every false return, 
the sheriff shall forfeit and pay five hundred 
dollars, one moiety thereof to the party ag- 
grieved, and the other moiety to him who will 
sue for the same, to be recovered with costs 
by action of debt; and the said sheriff shall 
be further liable to an action of the party ag- 
grieved. 

History.— §2, ch. 907, 1859; RS 1251; GS 1679; RGS 2887; CGL 
4584. 

30.21 Failure to pay over money. — If any 

sheriff shall fail to collect or pay over fines, 
fees, costs or other moneys adjudged to the 
state which he shall have been by proper proc- 
ess directed to collect, he shall forfeit his com- 
missions and also be liable to a fine of fifty 
dollars, to be recovered by motion before the 
circuit court, after ten days' notice, and his 
sureties shall also be liable for the amount of 
such moneys upon his bond as sheriff. 

History §9, ch. 217, 1849; RS 1252; GS 1680; RGS 2888; CGL 

4585. 

cf. — §28.10 Duties of clerk; reports to comptroller. 

30.22 When sheriff may accept service. — 

Sheriffs, when sued in their official capacity, 
may accept service, and when so sued with 
others may serve their codefendants and receive 



Ch. 30 



SHERIFFS 



Ch. 30 



the fees allowed by law, except no fees shall be 
allowed for acceptance of service. 

History.— §1, ch. 4411, 1896; GS 1674; RGS 2870; CGI. 4576; {6, 
Ch. 22790. 1945. 

30.23 Fees .of .sheriffs .and .constables; 
amounts; payment. — The fees to be charged by 
the sheriffs and constables of the state shall be 
as follows: 

Advertising property for sale under proc- 
ess $2.00 

Arrest of prisoner 7.50 

Safekeeping and punishment of prisoners 
(not otherwise provided for) actual 
and necessary expense, bill to be ap- 
proved by the judge under whose ju- 
risdiction the case shall come. 
Attendance on all courts for each court 

per day 8.00 

Bailiffs, all courts, per day 8.00 

Bonds, writing, taking and approving 2.00 

Commissions on money collected under 
process : 

Without sale: on first $1,000.00 2% 

$1,000.00 to $3,000.00 1% 

Over $3,000.00 % of 1% 

Upon actual sale; on first $100.00 5% 

$100.00 to $1,000.00 2% 

$1,000.00 to $3,000.00 1% 

Over $3,000.00 % of 1% 

He shall after levy be entitled to collect 
said fees, notwithstanding payment of 
debt to plaintiff. 
On moneys collected for the state as 
fines, fees, costs or other moneys ad- 
judged to the state the fee shall be 5% 

Commitment to jail of prisoner $1.50 

Recommitment under order .75 

Copy of process, one hundred words 

or less .25 

Every subsequent one hundred words .10 

Coroner's inquest, attending 8.00 

And mileage, per mile each way .15 

Docketing and indexing executions, 
which the sheriff shall cause to be in- 
dexed alphabetically as to each de- 
fendant in the execution and cross in- 
dexed alphabetically as to each plain- 
tiff for each execution 1.50 

For each plaintiff or defendant in ex- 
cess of two, each .25 

Deed of real estate and bill of sale of 
personal property, executing paid by 

purchaser 2.00 

Fieri facias, or other process, levy 2.00 

Fingerprinting, for each prisoner 1.50 

Guards, not more per day than 8.00 

Habeas corpus, executing 2.00 

Investigation of crime when made under 
the direction of the judge of any court 
having criminal jurisdiction, or of the 
state's attorney, county solicitor or 
other prosecuting officer, per day for 
sheriff or per day per deputy (to be 

approved by the court) 6.00 

Jurors or talesmen or bystanders, sum- 
moned under venire or by order, each — .20 
Jury, petit calling .20 



Mileage, distance to be estimated from 
courthouse door to point of execution 
or process, per mile each way .15 

Personal property, levying and safekeep- 
ing of actual and necessary expense to 
be allowed, bill to be approved by the 
judge under whose jurisdiction the 
case shall come 

Release of prisoner .50 



Removal of prisoner to or from jail, per 
mile, each way 



.15 



Removal of prisoner to or from hospital 
or treatment center for examination or 
treatment, for one prisoner, per day 3.00 

For all in excess of one, per prisoner, per 

day, at each place 1.00 

And mileage, per mile, each way .15 



Sale of real or personal property in addi- 
tion to commissions 



Servants, not more per day than 

State hospital and industrial schools for 

boys and girls; conveying prisoner to 

per day for himself 



2.00 
3.00 



8.00 



per day for each guard actually nec- 
essary 8.00 

and mileage, per mile each way . .15 

Provided, transportation is not fur- 
nished by the state or state institution 
to which the prisoner is to be conveyed 

Stock, taken under process, keeping such 
allowance as the judge may fix 

Subpoena for witness, service on each 
witness .25 

Return on same for each witness .10 

Return on warrants , .25 

Return on writs, executions and other 
process .25 

Venire, grand or petit jury executing 5.00 

And mileage, per mile, each way .15 

Writing inventories and other papers not 

otherwise mentioned, first 100 words .25 

Every subsequent 100 words . .10 

Writs in action at law and equity, for 

execution at each place 2.00 

History,— 17, oh. 1981, 1874; S3, ch. 2089, 1877; §3, ch. 3106, 
1879; RS 1255; GS 1683; ch. 7886, 1919; RGS 2891; §1, ch. 10091, 
1925; CGL 4588; §1, ch. 20943, 1941; |1, ch. 22587, 1945; II, ch. 
26821, 1951. 
cf.— §37.20 Constables' fees. 

§39.06(9) Transportation cost of children to Industrial school. 

§955.24 Sheriff's expenses. 

30.231 Service of summons and subpoenas. — 

(1) In all counties of this state the fee 
charged in civil cases for each service of a 
summons or writ, except witness subpoenas and 
executions shall be five dollars. The fee charged 
in civil cases for the service of witness subpoenas 
shall be three dollars fifty cents for each witness 
subpoenaed. The flat fees established herein shall 
supplant the civil fees for service, mileage, copy 
and return otherwise provided for in §30.23, and 
further providing that this act shall not affect 
the fees now being collected in any county 
under a special act. Fees for executions shall 
remain unchanged by this act. 

(2) All fees collected under the provisions 
of thi3 act shall be paid into the fine and for- 
feiture fund of the county, monthly. 

History.— §§1, 2, ch. 63-41. 



Ch. 30 



SHERIFFS 



Ch. 30 



30.24 Mileage and necessary expenses when 
required to go out of state. — The sheriffs of the 
several counties, when required to go beyond 
the limits of this state to bring back a prisoner 
charged with any offense, or who has been 
convicted of any crime in this state, and has 
escaped, shall charge the sum of seven cents 
per mile for the actual distance traveled beyond 
the limits of this state, together with the same 
mileage for his prisoner, and in addition thereto 
he shall receive the actual and necessary ex- 
pense on account of returning the prisoner to 
the state. 

History — %l, ch. 5407, 1905; §§2, 5, ch. 7886, 1919; RGS 2893; 
§2, ch. 10091, 1925; CGL 4591; §2, ch. 20943, 1941. 

30.25 Compensation for feeding prisoners. — 

For feeding prisoners the sheriff shall receive 
one dollar and twenty-five cents per day for 
each prisoner fed. 

History.— si, ch 3253, 1881; RS 3031; §9, ch. 4323, 1895; §5, 
ch. 4389, 1895; ml, 2. oh. *527, 1897; GS 976, 4108; SI, ch. 6898, 
1915; ch. 7745, 191H; RGS 1787, «212; §§1, 3, ch. 10091, 1925; 
CGL 2838, 8544, 1927; §2, ch. 22587, 1945; §2, ch. 26821, 1951. 

30.26 Fees for services in lunacy proceed- 
ings. — The sheriffs of the several counties of 
the state shall receive the same fees for services 
in lunacy proceedings as are prescribed for like 
services in criminal cases. 

History.— SI, Ch. 5457. 19(15; RGS 2892; CGL 4590. 

30.27 Constructive mileage not to be 
charged. — No sheriff, constable or coroner shall 
charge constructive mileage. The mileage 
charged for must be actually traveled by the 
nearest and most direct route by the public 
highway. 

History — §2, ch. 3106, 1879; RS 1256; GS 1684; RGS 2894; CGL 
4592. 
ct— See also §§939.09, 939.10. 



30.28 To deliver prisoners to successor. — 

Every sheriff at the expiration of his term shall 
deliver up to his successor the bodies of all 
persons whom he holds in confinement by legal 
process, with the precepts, warrants, or causes 
of such confinement. 

History — §16, Nov. 23, 1829; RS 2801; GS 3850; RGS 5945; CGL 
8211. 

30.29 Sheriffs may furnish guard service 
against sabotage, etc. — 

(1) TIip sheriffs of the respective counties 
of the state be and they are hereby authorized 
and empowered to furnish adequate guard serv- 
ice to vital war industries if requested to so do 
by such industries; provided, such industries 
reimburse said sheriffs the actual cost of such 
guard service; that the furnishing of guard 
service by said sheriffs to vital war industries 
is and shall be an official act of the various 
sheriffs and said guards shall be deemed to be 
in the employ of the various sheriffs as an in- 
strumentality of the state. 

(2) Such guards shall be regular or special 
deputy sheriffs, residents of the state, citizens 
of the United States, and bonded, with no prior 
criminal record, and shall be always under the 
control of the respective sheriffs who employ 
said guards. All orders to said guards shall 
emanate from the respective sheriffs ; provided, 
however, that industry shall have the right to 



supervise said guards and make recommenda- 
tions in connection with the guarding of its 
property tc said sheriffs. 

(3) The term "industry," as used in this 
section, shall be construed to include any per- 
son, firm or corporation engaged, directly or 
indirectly, in the manufacture or furnishing of 
any materials, equipment, commodities or serv- 
ices which contribute to the prosecution of the 
war effort. 

(4) The said guards employed by the vari- 
ous sheriffs hereunder shall be acceptable to the 
particular industry involved at all times and 
shall receive such pay as is agreeable to the 
sheriff, industry, and the guard to be employed. 

(5) All guards heretofore employed by sher- 
iffs and used in connection with the guarding 
of industry, shall be deemed to have been em- 
ployed according to the terms and conditions of 
this section and the employment by the various 
sheriffs in this connection is hereby ratified, 
confirmed and held to be employment in their 
official capacities as an instrumentality of the 
state. 

(6) The powers given to the various sheriffs 
of the various counties of this state herein shall 
not be deemed to be limiting the powers of the 
sheriffs already existing but shall be deemed to 
be cumulative. 

History.— §§1-5, 7, ch. 21798, 1943. 

30.291 Closing of public facilities upon 
threat of violence. — 

(1) The sheriff of any county of the state 
is hereby authorized to temporarily close any 
public beach, park or other public recreation 
facility within his jurisdiction when in his dis- 
cretion conditions exist which present a clear 
and present or probable threat of violence, 
danger or disorder, or at any time a disorderly 
situation exists which in his opinion warrants 
such action. 

(2) The power of the sheriff in exercising 
the authority conferred herein shall be full, 
complete and plenary. 

(3) Any public recreation facility closed 
pursuant to the provisions of this section shall 
be reopened by the sheriff when the conditions 
upon which such closing was predicated have 
abated. 

History.— §§1, 2, ch. 59-377. 

30.30 Writs, process, etc.; duties and liabili- 
ties in levying. — 

(1) Whenever any writ, issuing out of any 
court of this state, shall be delivered to a sher- 
iff, commanding him to levy upon property spe- 
cifically described therein, it shall be his duty to 
levy upon such property; and, if no property is 
specifically described, then he shall levy upon 
any property assessed against the defendant on 
the current tax rolls of the county or registered 
in his name under any law of the United States 
or of the state. 

(2) No sheriff shall be liable in damages to 
anyone whomsoever for making a wrongful levy 
whenever the same has been made as required 
under subsection (1). 

(3) If the sheriff, in attempting to execute 



Ch. 30 



SHERIFFS 



Ch. 30 



any writ describing specific property, shall find 
it in the possession of anyone, other than the 
defendant, who is claiming the ownership or 
the right to the possession thereof, the sheriff, 
in his discretion, may require the plaintiff suing 
out the writ to furnish a bond, payable to such 
sheriff, in a sum not exceeding the reasonable 
value of the described property, as fixed by 
such sheriff, with sureties satisfactory to him 
conditioned to hold him harmless against liabil- 
ity for any loss or damage that might be sus- 
tained by anyone whomsoever by reason of his 
levying upon such described property, and in- 
demnifying him for any expense (including 
reasonable attorney's fees) incurred by reason 
of any such claim. 

(4) If the sheriff, in attempting to execute 
any writ not describing specific property, shall 
be requested to levy upon any property other 
than that described in subsection (1), he may 
require the plaintiff suing out the writ to fur- 
nish a bond upon the terms and conditions 
prescribed in subsection (3). 

(5) Whenever a party suing out any writ 
shall demand that the sheriff levy upon specific 
property and anyone, other than the defendant, 
shall claim the ownership or right of possession 
thereof, the sheriff, at his option, may file a 
petition in the court out of which the writ is- 
sued and procure a rule to issue to the plaintiff 
and to the party so claiming the properly or the 
right to possession thereof, to show cause why 
the levy should or should not be made; pro- 
vided, that if the issue shall involve the titles or 
boundaries of real estate, the petition shall be 
filed in the circuit court. The judge of such 
court, after due notice to all parties in interest, 
shall determine whether or not such property is 
subject to levy under the writ. Any party ag- 
grieved by such ruling, including the sheriff, 
may appeal therefrom, as from a final decree in 
a chancery cause, and may have a supersedeas 
upon such terms and conditions as the judge 
shall fix. In the event the property is ultimately 
held to be subject to the writ, the plaintiff's 
writ shall have priority over any writs levied 
subsequent to the date upon which the plain- 
tiff's writ was delivered to the sheriff. 

(6) No sheriff shall be liable for making any 
levy pursuant to the specific order of a court of 
competent jurisdiction. 

History.— §§1-6, ch. 22019, 1943. 

30.31 Fingerprinting persons charged with 
crime. — 

(1) It is the duty of the sheriffs of the state 
to fingerprint all persons hereafter charged 
with or convicted of a felony upon so being 
charged or convicted and to submit such prints 
to the federal bureau of investigation and the 
Florida sheriffs bureau. The sheriffs of the 
state may fingerprint all persons charged with 
or convicted of any criminal offense when in 
their opinion it is necessary for the protection 
of the public. 

(2) The sheriffs of the respective counties are 
hereby required to furnish a copy of all finger- 



prints made by them to the federal bureau of 
investigation. 

History.— §§1, 2, ch. 22047, 1943; (2) §10, ch. 26484, 1951; (1) 
II, ch. 63-170. 

30.32 Duties as timber agent. — The sheriffs, 
as timber agent, shall inquire diligently into all 
cases of trespass upon the public lands that 
come to his knowledge, and make complaint 
thereof before the court or any officer having 
jurisdiction, that the parties offending may be 
arrested and dealt with according to law; and 
may, in his county, arrest any person trespass- 
ing upon public lands, and seize all timber that 
shall have been cut upon the public land of the 
state, or removed therefrom, and sell the same 
at such places within the district as he may 
deem most convenient, after giving thirty days' 
notice by one publication in the newspaper 
published nearest the place of sale, and posting 
the notice at three public places in the county 
where the sale is to take place. 

History.— §4, ch. 3020, 1877; BS 655; GS 996; RGS 1809; CGL 
2861; formerly §144.05 tr. §7, ch. 22790, 1945. 

30.33 Proceedings on claim to timber. — 

When timber shall be seized by a timber agent, 
under the provisions of §30.32, and any person 
shall claim the same, and that said timber was 
not cut upon or removed from the public lands 
of the state, such claimant may file his petition 
under oath, in the office of the clerk of the cir- 
cuit court of the county in which the timber is 
lying, and, upon motion, the judge of the circuit 
court shall appoint three proper persons to ap- 
praise such timber. On return of such appraise- 
ment, if the claimant shall, with one or more 
sureties, to be approved by the judge, execute a 
bond to the governor and his successors in 
office, for the payment of a sum equal to the 
sum at which the timber was appraised, the 
judge shall order the timber delivered to the 
claimant, and the bond shall be lodged with 
the proper officer of the court. At the next term 
of the circuit court the evidence shall be heard, 
and if judgment shall pass in favor of the 
claimant, the court shall order said bond can- 
celed, but if judgment shall pass against the 
claimant as to the whole or any part of such 
timber, and the claimant shall not at once pay 
into the court the amount of the appraised value 
of such timber, with the costs, judgment shall 
be granted upon the bond, on motion, in open 
court, without further delay. 

History.— §6, ch. 3020, 1877; RS 656; GS 997; RGS 1810; CGL 
2862; formerly §144.06 tr. §8, ch. 22790, 1945. 

30.34 Certificate of reasonable cause for 
seizure. — When any claim, on account of the 
seizure of timber, shall be tried, and judgment 
shall be given for the claimant, if it shall ap- 
pear to the court that there was a reasonable 
cause of seizure, the court shall cause a proper 
certificate of entry to be made thereof, and in 
such case the agent who made the seizure shall 
not be liable to action, suit or judgment, on ac- 
count of such seizure. 

History — §7, ch. 3020, 1877; RS 657; GS 998; RGS 1811; CGL 
2863; formerly §144.07 tr. §9, ch. 22790, 1945. 



Ch. 30 



SHERIFFS 



Ch. 30 



30.35 Compensation as timber agent. — The 

sheriff, as timber agent for his county, shall re- 
ceive, as pay for his services, one-fourth of the 
net proceeds arising from all seizures, and of 
all net amounts recovered from trespassers re- 
ported by him upon the lands of the state or of 
any fund of the state. 

History — §3, ch. 3020, 1877; RS 654; GS 995; RGS 1808; CGL 
2860; formerly §144.04 tr. §10, ch. 22790, 1945. 

30.36 Florida sheriffs' bureau.— There is 

hereby created the Florida sheriffs' bureau. 
Said bureau shall be constituted by the gover- 
nor, as chairman, the attorney general, and five 
sheriffs of the counties of Florida, to be selected 
by the governor, each for a term of two years, 
commencing October 1, 1955; except that three 
of the first five sheriffs designated October 1, 
1955, shall serve terms expiring October 1, 1956, 
at which time new selections for a regular two 
year term shall be made. Any vacancy on the 
bureau shall be filled for the remainder of the 
unexpired term by selection of the governor. 
Such additional ex officio duty of said sheriffs 
in serving on said bureau is hereby declared a 
dual state and county purpose to more effec- 
tively cope with law enforcement problems 
which are primarily intercounty or statewide 
in scope. 

History §1, ch. 29842, 1955. 

30.37 Same; general powers and duties. — 

The bureau shall have the power to recommend 
cooperative policies for the coordination of the 
law enforcement work of all state and county 
agencies and officials having law enforcement 
duties, in seeking to promote cooperation be- 
tween all state and local law officers, in secur- 
ing efficient and effective law enforcement, in 
eliminating duplication of work, and in promot- 
ing economy of operation in such agencies. 

History §2, ch. 29842, 1955. 

30.38 Same; executive secretary. — The bu- 
reau shall employ an executive secretary, and 
such other clerical and technical personnel as 
are required, at salaries to be fixed by the bu- 
reau, to perform such duties as the bureau may 
prescribe. 

History §3, ch. 29842, 1955. 

30.39 Florida sheriffs' bureau investigators; 
selection and assignment; authority. — The bu- 
reau may select and assign investigative per- 
sonnel from any state law enforcement agency 
with the consent of the agency concerned, or 
from any county law enforcement agencies or 
officials with the consent of the county agency 
or county official concerned, or may employ its 
own personnel to assist it in carrying out the 
purposes of §§30.36-30.44. Such investigative 
personnel shall be known as Florida sheriffs' 
bureau investigators. Under appropriate rules 
and regulations, and under the supervision of 
the bureau, any of said investigators may, upon 
request of the sheriff in any county, investigate 
crime in such county and shall have authority 
to bear arms. 

History §4, ch. 29842, 1955. 



30.40 Salaries and expenses of personnel. — 

All salaries and expenses of personnel of the 
bureau shall be borne by the state or county 
law enforcement agency from which the person 
is selected; provided, however, any state or 
county law enforcement agency or official may 
in addition provide from its funds so much of 
the costs and expenses of the bureau as it 
deems appropriate; provided further, that if 
appropriations of state funds are made avail- 
able to the bureau, the same may be used to 
defray said salaries and expenses. 

History.— §5, ch. 29842, 1955. 

30.41 Headquarters; criminal analysis lab- 
oratory; miscellaneous powers and duties of 
bureau. — The bureau shall establish headquar- 
ters, may operate and maintain a criminal anal- 
ysis laboratory, and shall require and obtain 
monthly reports on crime statistics and other 
necessary data from all sheriffs and other law 
enforcement officers of the state, and shall en- 
gage in such other activities as will aid law 
enforcement officers in solving crimes and con- 
trolling criminal activity. The secretary of state 
shall furnish the bureau with proper housing 
for the operations of the bureau. 

History.— §6, ch. 29842, 1955. 

30.42 Training of peace officers approved by 
the bureau. — The bureau either by contract or 
agreement may authorize any state university 
in Florida or any other organization to provide 
training for peace officers, which training shall 
embrace police techniques in detecting crime, 
apprehending criminals, securing and preserv- 
ing evidence. All law enforcement officers 
selected by the various law enforcement agen- 
cies, if their selection is approved by the bu- 
reau, shall receive such training free with the 
exception of actual cost of housing and meals. 

History §7, ch. 29842, 1955. 

30.43 Purchase of equipment and supplies; 
facilities of other state agencies to be available 
to bureau. — The bureau shall be governed by 
all laws regulating the purchase of supplies 
and equipment as other state agencies, and may 
enter into contracts with other state agencies 
to make photographs and photostats, to trans- 
mit information by teletype, and to perform 
the services consonant with the purposes of 
§§30.36-30.44. It may use without charge the 
technical personnel and equipment of any state 
agency. 

History.— §8, ch. 29842, 1955. 

30.44 Construction of law. — The provisions 
of §§30.36-30.44 shall be deemed an exercise of 
state police power for the protection of the 
welfare, health, peace, safety and morals of the 
people, and shall be liberally construed. 

History.— §9, ch. 29842, 1955. 

30.45 Sheriff's fee.— The sheriffs of counties 
in the state having a population in excess of 
four hundred seventy-five thousand according 
to the last official state-wide census shall 
charge a fixed, non-refundable fee to be paid 
at the time of filing with the sheriff or con- 



Ch. 30 



SHERIFFS 



Ch. 30 



stables, documents that are to be served or 
docketed according to the following schedule : 

(1) A fee of three dollars and fifty cents 
for each defendant to be served in all service 
of civil process other than witness subpoenas 
and writs of execution. 

(2) A fee of one dollar and fifty cents for 
each witness subpoena filed for service, and 
for docketing each writ of execution, regardless 
of the number of persons involved. 

History §1, ch. 57-72. 

30.46 Sheriffs; motor vehicles color combi- 
nation; badges; simulation prohibited; penal- 
ties. — 

(1) The color combination of forest green 
and white is adopted as the official color for 
use on the motor vehicles and motorcycles used 
by the various sheriffs of Florida and their 
deputies. 

(2) For purposes of uniformity and in aid 
of the recognition of their official identity by 
the public, a badge in the shape of a five-pointed 
star with a replica of the great seal of Florida 
with the map of Florida superimposed thereon 
inscribed in the center is designated as the 
official badge to be worn by the sheriffs and 
deputy sheriffs of all counties of the state. 

(3) It shall be unlawful for any person 
other than the sheriffs of Florida and their 
deputies, to color or cause to be colored any 
motor vehicle or motorcycle the same or similar 
color combination prescribed herein; provided, 
however, that any municipal police department 
or other law enforcement agency or any pri- 
vate person or concern using the same or simi- 
lar color combination as of the date of this act 
shall be permitted to continue to use such colors 
until such time as new colors are adopted by 
such agencies, or private person or concern. 

(4) It shall be unlawful for any person 
other than sheriffs and deputy sheriffs to wear 
an official sheriff's badge as prescribed herein, 
or to wear a badge or insignia of such simi- 
larity to the official sheriff's badge as to be 
indistinguishable therefrom at a distance of 
twenty feet; provided, nothing therein shall be 
construed to prevent members of any military, 
fraternal, or similar organization or any other 
law enforcement officer from wearing any in- 
signia officially adopted or worn prior to the 
effective date of this section. 

(5) Violation of any of the provisions of 
this act shall be a misdemeanor and subject to 
a fine of not more than $500 or imprisonment 
in the county jail not to exceed 6 months, or 
both such fine and imprisonment. 

History.— §§1-5, ch. 57-3. 

30.48 Salaries.— 

(1) On and after October 1, 1957, each sher- 
iff shall receive for the performance of his of- 
ficial duties as sheriff an annual salary, which 
shall be due and payable on the first day of the 
month after the month in which it accrued; 
provided, that compensation for service in of- 
fice for a part of a calendar month shall be 
paid in the proportion that the days served 
bear to the number of days in that month. 



(2) The annual salary of each sheriff shall 
be fixed by the legislature; provided, however, 
that until otherwise so fixed, the annual salary 
of each sheriff shall be equal to the compensa- 
tion earned by such officer or his predecessor in 
office and payable to him in the year 1958. 

History.— §2, ch. 57-368; (2) §1, ch. 59-216. 

30.49 Budgets.— 

(1) At the time fixed by law for preparation 
of the county budget, each sheriff shall certify 
to the board of county commissioners a pro- 
posed budget of expenditures for the carrying out 
of the powers, duties, and operations of his of- 
fice for the ensuing fiscal year ot the county. 
The fiscal year of the sheriff shall henceforth 
commence on October 1 and end on September 
30 of each year. 

(2) The sheriff shall submit with the pro- 
posed budget his sworn certificate, stating that 
the proposed expenditures are reasonable and 
necessary for the proper and efficient opera- 
tion of the office for the ensuing year. Each 
proposed budget shall show the estimated 
amounts of all proposed expenditures for op- 
erating and equipping the sheriff's office and 
jail other than construction, repair, or capital 
improvement of county buildings during the 
said fiscal year. The expenditures shall be item- 
ized a3 follows : 

(a) Salary of the sheriff. 

(b) Salaries of deputies and assistants. 

(c) Expenses, other than salaries. 

(d) Equipment. 

(e) Investigations. 

(f ) Reserve for contingencies. 

(3) The sheriff shall furnish to the board 
of county commissioners of the budget com- 
mission, if there is a budget commission in the 
county, all relevant and pertinent information 
concerning expenditures made in previous 
years and to the proposed expenditures which 
said board or commission shall deem necessary 
except that the board or commission may not 
require confidential information concerning 
details of investigations. 

The board of county commissioners or the 
budget commission, as the case may be, may 
require the sheriff to correct mathematical, 
mechanical, factual and clerical errors and 
errora as to form in the proposed budget. No 
later than August 1 of each year, the said 
board or commission, as the case may be, may 
amend, modify, increase or reduce any or all 
items of expenditure in the proposed budget 
and, as amended, modified, increased, or re- 
duced, shall approve said budget, giving writ- 
ten notice of their action to the sheriff specify- 
ing in sucli notice the specific items so amend- 
ed, modified, increased or reduced; the budget 
shall include the salaries and expenses of the 
sheriff's office, cost of operation of the county 
jail, purchase, maintenance and operation of 
equipment, including patrol cars, radio systems, 
transporting prisoners, court duties, and all 
other salaries, expenses, equipment and investi- 
gation expenditures of the entire sheriff's office 
for the previous year. The sheriff, within ten 
days after receiving written notice of such ac- 



Ch. 30 



SHERIFFS 



Ch. 30 



tion by the board or commission (either in per- 
son or in his office) may file an appeal to the 
board of appeals of county officers' budgets, 
which board is hereby created and which shall 
be composed of the governor, the state comp- 
troller and the attorney general. Such appeal 
shall be by petition to such board of appeals, 
which petition shall set forth the budget pro- 
posed by the sheriff and the budget as approved 
by the board of county commissioners or the 
budget commission, as the case may be, and 
shall contain the reasons or grounds for the 
appeal. Such petition shall be filed with the 
state comptroller and a copy of said petition 
shall be served upon the board or commission 
from whose decision appeal is taken by deliver- 
ing the same to the chairman or president 
thereof, or to the clerk of the circuit court. The 
board of county commissioners or the budget 
commission, as the case may be, shall have five 
days from delivery of a copy of any such peti- 
tion, as above, to file with the board of appeals 
a reply thereto and shall deliver a copy of such 
reply to the sheriff. 

The board of appeals, within thirty days of 
the filing of the petition, shall consider the 
petition and may require a hearing thereon. 
The board of appeals shall by majority vote, 
within said thirty days, either: approve the 
action of the board or commission as to each 
separate item; or approve the budget as pro- 
posed by the sheriff as to each separate item; 
or amend or modify said budget as to each 
separate item within the limits of the proposed 
expenditures and the expenditures as approved 
by the board of county commissioners or the 
budget commission, as the case may be. The 
budget, as approved, amended, or modified by 
the board of appeals of county officers' budgets, 
shall be final. The repeal of §§30.47 and 30.54 
and amendments to §§30.48(2) and 30.49(3) by 
chapter 59-216 shall take effect October 1, 
1959, provided that budgeting procedures shall 
be instituted in accordance with existing law. 

(4) The board of county commissioners and 
the budget commission, if there is a budget 
commission within the county, shall include 
in the county budget the items of proposed 
expenditures as set forth in the budget re- 
quired by this section to be submitted, after 
the said budget has been reviewed and ap- 
proved as provided herein; and the said board 
or commission, as the case may be, shall include 
the reserve for contingencies provided herein 
for each budget of the sheriff in the reserve 
for contingencies in the budget of the appro- 
priate county fund. 

(5) The reserve for contingencies in the 
budget of a sheriff shall be governed by the 
same provisions governing the amount and use 
of the reserve for contingencies appropriated 
in the county budget, except that the reserve 
for contingency in the budget of the sheriff 
shall be appropriated upon written request of 
the sheriff. 

(6) The items placed in the budget of the 
board of county commissioners pursuant to this 
law shall be subject to the same provisions 



of law as the county annual budget; provided, 
that no amendments may be made to the ap- 
propriations for the sheriff's office except as 
requested by the sheriff. 

(7) The proposed expenditures in the budg- 
et shall be submitted to the board of county 
commissioners or budget commission, if there 
is a budget commission within the county, by 
July 1 each year, except that for 1957, the 
budget shall be submitted on or before July 15, 
and the said budget shall be included by the 
said board or commission, as the case may be, 
in the budget of either the general fund or the 
fine and forfeiture fund, or in part of each. 

(8) If in the judgment of the sheriff an 
emergency should arise by reason of which 
the sheriff would be unable to perform his 
duties without the expenditure of larger 
amounts than those provided in the budget, he 
may apply to the board of county officers' budg- 
et appeals for the appropriation of additional 
amounts. The sheriff shall at the same time 
deliver a copy of his application to the board 
of county commissioners, and to the budget 
commission if there is a budget commission 
within the county. The board of county of- 
ficers' budget appeals shall hold a hearing on 
the application, after due notice to the sheriff 
and to the boards, and may grant or deny an 
increase or increases in the appropriations for 
the sheriff's offices. If any increase is granted, 
the board of county commissioners, and the 
budget commission, if there is a budget commis- 
sion in the county, shall amend accordingly the 
budget of the appropriate county fund or funds. 
Such budget shall be brought into balance, if 
possible, by application of excess receipts in 
the said county fund or funds. If such excess 
receipts are not available in sufficient amount, 
the county fund budget or budgets shall be 
brought into balance by adding an item of 
"Vouchers unpaid" in the appropriate amount 
to the receipts side of the budget, and provision 
for paying such vouchers shall be made in the 
budget of the county fund for the next fiscal 
year. 

History.— §3, ch. 57-368; (3) §§3, 4, cb. 69-216. 

30.50 Payment of salaries and expenses. — 

(1) The sheriff shall requisition and the 
board of county commissioners shall pay him, 
at the first meeting in October of each year, 
and each month thereafter, one-twelfth of the 
total amount budgeted for the office; provided, 
that at the first meeting in January of each 
year, the board shall, at the request of the sher- 
iff, pay one-sixth of the total appropriated, and 
one-twelfth each month thereafter, which pay- 
ments shall be not more than the total appro- 
priation. Provided further that any part of the 
amount budgeted for equipment shall be paid 
at any time during the year upon the request 
of the sheriff. 

(2) The sheriff shall deposit the county 
warrant or warrants in his official bank ac- 
count as provided in §30.51 (3) and draw his 
own checks thereon in payment of the salaries 
of himself and his deputies, clerks and em- 



Ch. 30 



SHERIFFS 



Ch. 30 



ployees and the expenses of his office. All sal- 
aries paid shall be supported by payrolls, and 
all expenses paid shall be supported by ap- 
proved bills; provided, that the sheriff may 
draw a check to himself for the expense of an 
investigation, and may note on the voucher 
only the information that he may consider 
proper to divulge. 

(3) The sheriff may set up a revolving fund 
for payment in cash of small items. The revolv- 
ing fund shall be reimbursed from time to time 
by payment of the vouchers representing the 
cash payments. 

(4) The sheriff shall keep necessary budget 
accounts and records, and shall charge all paid 
bills and payrolls to the proper budget ac- 
counts. The reserve for contingencies, or any 
part thereof, may be transferred to any of the 
budget appropriations, in the discretion of the 
sheriff. With the approval of the board of 
county commissioners, or of the budget commis- 
sion if there is a budget commission in the 
county, the budget may be amended as provid- 
ed for county budgets in §129.06(2). 

(5) All expenses incurred in the fiscal year 
for which the budget is made shall be vouch- 
ered and charged to the budget for that year, 
and to carry out this purpose the books may be 
held open for thirty days after the end of the 
year. 

(6) All unexpended balances at the end of 
each fiscal year shall be refunded to the board 
of county commissioners, and deposited to the 
county fund or funds from which payment was 
originally made. 

History.— §4, ch. 57-368. 

30.51 Fees and commissions. — 

(1) No bills shall be rendered to the county 
for any services, nor shall any fees, commis- 
sions, or other remuneration for official serv- 
ices as sheriff be paid by the board of county 
commissioners of any county to the sheriff of 
the county except as provided by this section. 
All fees, commissions and other remuneration 
provided by law for services other than crimi- 
nal shall be charged by the said sheriff to 
other authorities and parties doing business 
with their offices, and shall be paid over to 
the county as provided in this section. 

(2) The fees authorized, or a deposit suf- 
ficient to cover them, shall be collected in ad- 
vance from the party who requests the service; 
provided, that services may be performed for 
any governmental agency or unit without ad- 
vance payment, and the officer shall bill and 
collect the fees earned from such agency after 
the service is performed or when the amount 
due is determined. 

(3) Deposits for fees shall be placed in a 
depository trust account. The officer who re- 
ceives the deposit shall keep an account with 
the depositor, and shall withdraw monthly from 
the deposits the fees earned and shall remit 
them to the county fund or funds as provided 
by this section. 

(4) Fees or commissions commingled when 
received with other official collections may be 



deposited with such other collections in the 
trust account or accounts and distributed to 
the county fund or funds at the time that the 
other collections, with which they were re- 
ceived, are distributed. 

(5) All fees, commissions, or other funds 
collected by the sheriff for services rendered 
or performed by his office shall be remitted 
monthly to the county, in the manner pre- 
scribed by the state auditor. 

(6) No sheriff shall render to another coun- 
ty a bill for service of process in any criminal 
matter. 

History.— §5, ch. 57-368; (6) n. §1, ch. 59-365. 

30.52 Handling of public funds. — The sher- 
iff shall keep public funds in his custody, either 
in his office in an amount not in excess of the 
burglary, theft, and robbery insurance provid- 
ed, the cost of which is hereby authorized as 
an expense of the office, or in a depository in 
an amount not in excess of the security provid- 
ed pursuant to §659.24, and the comptroller's 
regulations. The title of the depository accounts 
shall include the word "sheriff" and the name 
of the county, and withdrawals from the ac- 
counts shall be made by checks signed by the 
duly qualified and acting sheriff of the county, 
or his designated deputy or agent. 

History.— 16, ch. 57-368. 

30.53 Independence of constitutional offi- 
cials. — The independence of the sheriffs shall 
be preserved concerning the purchase of sup- 
plies and equipment, selection of personnel, 
and the hiring, firing, and setting of salaries 
of such personnel; provided that nothing here- 
in contained shall restrict the establishment or 
operation of any civil service system or civil 
service board created pursuant to §34 Art. XVI, 
of the constitution of Florida, provided, further 
that noting contained in §§30.48-30.53 shall be 
construed to alter, modify or change in any 
manner any civil service system or board, state 
or local, now in existence or hereafter es- 
tablished. 

History.— §7, ch. 57-368. 

30.55 Liability insurance. — 

(1) The sheriffs of the counties are hereby 
authorized in their discretion to secure and 
provide for insurance to cover liability for 
damages arising out of claims for false arrests, 
false imprisonment, false or improper service 
of process, or other claims growing out of the 
performance of the duties of the sheriffs or 
their deputies, or their employees; and to pay 
the premiums therefor from the funds appro- 
priated and made available for the necessary 
and regular expenses of the offices without the 
necessity of specific appropriation or specifi- 
cation of expenses with respect thereto. 

(2) In consideration for the premiums for 
such insurance, it shall be the part of any in- 
surance contract providing such coverage that 
the insured shall not be entitled to the benefit 
defense of government immunity in any suit 
resulting against the sheriff, his deputies or 
employees, or in any suit brought against the 



Ch. 30 



SHERIFFS 



Ch. 30 



insurers to enforce collection under such con- 
tract. 

History — §§ 1, 2, ch. 61-337. 

30.56 Release of traffic violator on recogni- 
zance or bond; penalty for failure to appear. — 

In all cases of arrest for traffic violations, by a 
sheriff or a deputy sheriff the person arrested 
may m the discretion of such officer be released 
upon his own recognizance or upon bond pro- 
vided said officer shall obtain from such person 
arrested a recognizance or, if deemed necessary, 
h. cash bond or other sufficient security con- 



ditioned for his appearance before the proper 
tribunal of such county to answer the charge 
for which he has been arrested. Any person 
so arrested and released on his own recogni- 
zance by an officer and given a written summons 
to appear before the proper tribunal of such 
county to answer the charge for which he has 
been arrested, and who shall fail to appear 
or respond to such summons shall upon con- 
viction therefor be deemed guilty of a mis- 
demeanor. 

History — 11, ch. 59-97. 
Note.— Formerly §146.08. 



Ch. 31 



CIRCUIT COURT COMMISSIONERS 



Ch. 31 



CHAPTER 31 
CIRCUIT COURT COMMISSIONERS 



31.01 Court commissioners; appointment. 

31.02 Proceedings. 

31.03 Effect and record of orders. 

31.01 Court commissioners; appointment. — 

Upon the application of two-thirds of the prac- 
ticing attorneys of any county within this state, 
to the judge of the circuit court in and for the 
judicial circuit in which the county represented 
by said attorneys is located, the judge of said 
court shall immediately appoint some suitable 
practicing attorney in said county as court com- 
missioner, whose duties are now and may here- 
after be prescribed by law. The appointment of 
such court commissioner shall be made in writ- 
ing, signed by the judge, and recorded in the 
book of minutes of the court in the county 
where the commissioner resides, and the com- 
missioner must file his oath of office with the 
clerk of the circuit court of said county. 

History.— §1565 RS 1892; |1, Ch. 4908, 1901; OS 2028; RGS 3303; 
CGL 5130. 
CI. — 16, Art. V, Const. 

31.02 Proceedings. — Proceedings before a 
court commissioner shall be in like manner and 
under the same rules and regulations as are 
provided by law for such proceedings before a 
circuit judge. After rendering his decision in 
writing in any proceeding before him, he shall 
immediately file all the papers in the case in 
the clerk's office. 

History.— §1566 RS 1892; GS 2029; RGS 3304; CGL 5131. 

31.03 Effect and record of orders. — The 

orders of court commissioners shall be of like 
force as if allowed by the judge and the same 
may, on motion, be confirmed, qualified, or set 
aside by the circuit judge, of which motion 
such notice must be given as the judge may 
deem sufficient. 

History.— 81567 RS 1892; GS 2030; RGS 3305; CGL 6132. 



31.04 Power to administer oaths. 

31.05 Compensation. 

31.06 Costs. 

31.04 Power to administer oaths. — Court 
commissioners may administer oaths in causes 
before them. 

History.— §1568 RS 1892; GS 2031; RGS 3306; CGL 5133. 

31.05 Compensation. — The fees and compen- 
sation of court commissioners shall be as fol- 
lows : For attendance upon hearing (each) case, 

each day $5.00 

Habeas corpus, issuing writ of 1.00 

Injunction (examining bill and), allowing 

or disallowing 5.00 

Testimony, taking in cases before him. 

Writing, and filing papers, or making copies, 
like fees as are allowed other officers for like 
services. 

History.— §1569 RS 1892; GS 2032; RGS 3307; CGL 5134. 

31.06 Costs. — Costs in injunction cases shall 
be paid by the party applying for the writ and 
shall be taxed in the bill of costs. 

Costs in cases of habeas corpus shall be paid 
by the party applying for writ in case he shall 
not be discharged from the arrest and imprison- 
ment complained of, and the clerk of the circuit 
court shall, upon demand of the commissioner 
issue execution therefor; but if the party shall 
prove to the satisfaction of the court commis- 
sioner that he has not property or means suf- 
ficient to pay said costs, said commissioner shall 
so certify, and such costs shall be paid by the 
county in which said proceedings are had. If 
said petitioner shall be discharged, the costs 
shall be paid by said county. 

History.— §1570 RS 1892; GS 2033; RGS 3308; CGL 5135. 



Ch. 32 



CRIMINAL COURT OF RECORD 



Ch. 32 



CHAPTER 32 
CRIMINAL COURT OF RECORD 



32.01 Criminal courts of record established; 

jurisdiction; seal; process; rules of 
procedure, etc. 

32.02 Establishment of court; appointment of 

officers; transfer of pending cases. 

32.03 Terms of criminal courts of record; spe- 

cial terms; time for holding, etc. 

32.04 Place of holding. 

32.05 Judge; qualifications, powers, duties, 

etc. ; term of office. 

32.07 Salaries of judges. 

32.08 To be open for voluntary pleas of guilty. 

32.09 Bail bonds. 

32.10 Clerk; election, term of office; filling va- 

cancy. 

32.11 Duties of clerks. 

32.12 Compensation of clerk when not other- 

wise provided. 

32.13 Compensation of clerk, small counties. 

32.14 Compensation of clerk, large counties. 

32.15 Bond of clerk in large counties. 

32.16 County solicitor; election, term, powers, 

duties, etc. 

32.01 Criminal courts of record established; 
jurisdiction; seal; process; rules of procedure, 
etc. — 

(1) There is established in Broward, Dade, 
Duval, Hillsborough, Monroe, Orange, Palm 
Beach and Polk counties, Florida, a criminal 
court of record, as defined in §§1-9, of Art. V, 
of the state constitution. 

(2) The said courts shall have jurisdiction 
of all criminal cases not capital which shall 
arise, and which have heretofore arisen and 
have not been finally determined, in the counties 
wherein such courts are established. 

(3) The said courts shall be courts of rec- 
ord with a seal to be furnished by the board of 
county commissioners of the counties wherein 
such courts are established, which seal shall be 
designated as "The Criminal Court of Record of 
County, Florida." 

(4) The same rules of procedure and process 
which obtain in the trials of criminal cases in 
the circuit courts shall obtain in the criminal 
courts of record, except where otherwise ex- 
pressly provided by law. 

(5) The said courts shall have and exercise 
the same power in issuing warrants, attach- 
ments, summons and other process as may be 
exercised by the circuit courts in criminal cases. 

(6) All process shall run throughout the 
state and may be executed in the same manner 
and by the .ame officers as process of the circuit 
courts in criminal cases. 

History.— §1, ch. 3731, 1887; RS 2815; GS 3865; RGS 5960; CGL 
8226; §1, cb. 24107, 1947; §1, ch. 25066, 1949. 
cf.— §H-9, Art. V, Const. 

§932.01, Jurisdiction in criminal cases. 

32.02 Establishment of court; appointment 
of officers; transfer of pending cases. — 

(1) When there exists a vacancy in the office 
of judge, clerk, county solicitor or other officer 
of a criminal court of record, the governor may 
I fill such vacancy by appointment and the per- 



Appointment of solicitor by the judge. 

Method of prosecution ; rules of pleading 
and practice. 

Informations may be filed in vacation. 

To have process. 

Praecipe for process. 

May administer oath. 

Compensation of county solicitor, gen- 
erally. 

Compensation of county solicitor in large 
counties. 

Assistant county solicitor, generally. 

Sheriff of the county as executive officer. 

Sheriff authorized to take and approve 
bail bonds. 

Fee for approving bail bonds. 

Sheriff's compensation. 

Juries, jurors and witnesses in criminal 
courts of record. 

Detectives or special investigators. 

Official court reporters. 

Stenographers, bailiffs, offices, etc. 

Probation and parole officers. 



32.17 
32.18 

32.19 
32.20 
32.21 
32.22 
32.23 

32.24 

32.25 
32.26 
32.27 

32.28 
32.29 
32.30 

32.31 
32.32 
32.33 
32.34 

son so appointed shall hold office until the first 
Tuesday after the first Monday in January fol- 
lowing the next general election. The establish- 
ment of a criminal court of record in any county 
between general elections shall be deemed to 
create such vacancies. 

(2) All cases pending in other courts of the 
county wherein a criminal court of record may 
hereafter be established, of which the said crim- 
inal court of record shall be given jurisdiction, 
shall be transferred by the clerks of such courts 
or by the judge thereof if there be no clerk, to 
the clerk of the criminal court of record, trans- 
mitting at the same time to said clerk all papers 
and records connected with such cases, or cer- 
tified copies thereof, and the county solicitor 
shall proceed with the prosecution of said cases 
in accordance with law. 

History.— §2816 RS 1892; GS 3866; RGS 5961; CGL 8227; 
SI, Ch. 24107, 1947. 

32.03 Terms of criminal courts of record; 
special terms; time for holding, etc. — 

(1) There shall be six regular terms of the 
criminal court of record in each of the above 
counties in each year. 

(2) The judge of the criminal court of 
record shall have power to call such special 
terms of such court as the business of the court 
may require. 

(3) When a special term of court is called, 
a special venire summoning jurors to serve at 
such special term may be issued. 

(4) The time for holding the regular terms 
of the criminal courts of record in the above 
counties shall be as follows : 

(a) In Broward county: 

First Monday in January 
First Monday in March 
First Monday in May 
First Monday in July 
First Monday in September 



Ch. 32 



CRIMINAL COURT OF RECORD 



Ch. 32 



First Monday in November 

(b) In Dade county: 

Second Tuesday in February 
Second Tuesday in April 
Second Tuesday in June 
Second Tuesday in August 
Second Tuesday in October 
Second Tuesday in December 

(c) In Duval county: 

Fourth Tuesday in February 
Fourth Tuesday in April 
Fourth Tuesday in June 
Fourth Tuesday in August 
Fourth Tuesday in October 
Fourth Tuesday in December 

(d) In Hillsborough county: 
First Monday in February 
First Monday in April 
Second Monday in June 
First Monday in August 
First Monday in October 
Fourth Monday in November 

(e) In Monroe county: 
Second Monday in January 
Second Monday in March 
Second Monday in May 
Second Monday in July 
Second Monday in September 
Second Monday in November 

(f) In Orange county: 
Second Monday in January 
Second Monday in March 
Second Monday in May 
Second Monday in July 
Second Monday in September 
Second Monday in November 

(g) In Palm Beach county: 
First Monday in January 
First Monday in March 
First Monday in May 
First Monday in July 
First Monday in September 
First Monday in November 

(h) In Polk county: 

Third Monday in January 
Fourth Monday in March 
Third Monday in May 
Third Monday in July 
Third Monday in September 
Third Monday in November 

History.— §2817 RS 1892; GS 3867; RGS 5962; CGL 8228; 
|1, ch. 24107, 1947; §2, ch. 25066. 1949; (4)(1) |1, ch. 57-46. 

32.04 Place of holding. — The terms shall be 
held in the circuit courtroom of the courthouse 
of the county, unless the circuit court be in 
actual session at the time of holding of said 
criminal court of record. Provided, however, 
that the board of county commissioners may 
provide or appoint some other place for the 
holding of said court, which need not be in the 
county courthouse. 

History.— §4, ch. 3731, 1887; RS 2818; CS 3868; RGS 5963; 
CGL 8229; §1, ch. 24107, 1947. 

32.05 Judge; qualifications, powers, duties, 
etc.; term of office. — 

(1) There shall be one judge for each crim- 
inal court of record, who shall be elected by the 



qualified electors of their respective counties 
for terms of four years each, as provided in and 
by §9, Art. V, of the state constitution. 

(2) The said judge shall not be younger than 
twenty-five years of age, and shall have been an 
attorney in legal practice at the bar of this state 
for not less than one year at the time of his 
election. 

(3) The said judge shall have the same pow- 
ers, duties and obligations in the administration 
of the criminal laws as are exercised by, and im- 
posed upon, the judges of the circuit courts. 

(4) Special and local laws, and laws of lim- 
ited application, prohibiting or limiting the 
right of the judge of a criminal court of record 
to practice law, shall not be repealed or in any 
way affected by the revision of this chapter. 

History.— §7, ch. 3731, 1887; RS 2819; GS 3869; RGS 5964; 
CGL 8230; §1, ch. 24107, 1947. 

32.07 Salaries of judges. — 

(1) Salaries of the judges of the criminal 
courts of record in this state shall be as follows : 

(a) In counties having a population of not 
less than: 

1. Two hundred sixty thousand according 
to the last official census, eight thousand five 
hundred dollars per annum. Judges of the 
criminal courts of record whose salaries are 
affected by this subparagraph shall not be per- 
mitted to practice law. 

2. One hundred twenty thousand nor more 
than one hundred fifty thousand according to 
the last official census, nine thousand dollars 
per annum. 

(b) In counties having a population of one 
hundred seventy-five thousand to two hundred 
sixty thousand : six thousand dollars per annum. 

(c) In counties having a population of one 
hundred thousand to one hundred seventy-five 
thousand: five thousand dollars per annum. 

(d) In counties having a population of fifty 
thousand to one hundred thousand: four thou- 
sand two hundred dollars per annum. 

(e) In counties having a population of less 
than fifty thousand : three thousand six hundred 
dollars per annum. 

(f ) The salary of the judge of the criminal 
court of record for Monroe county, Florida, 
shall be five hundred dollars per month. 

(2) The above populations to be determined 
by the last preceding state or federal census 
and all salaries above mentioned to be paid 
in equal monthly installments by the county. 

History.— 58, ch. 3731, 1887; RS 2820; GS 3870; §§2, 4, 
Ch. 6912, 1915; RGS 5965; §1, ch. 8493, 1921; §1 ch. 9279, 
1923; SI, ch. 10075, 1925; CGL 8231, 8232; §1, ch. 14746, 1931; 
§1, ch. 16054, 1933; §1, ch. 17080, 1935; |1, ch. 17081, 1935; 
§1, Ch. 17082, 1935; CGL 1936 Supp. 8232(2), 8232 (4) -8232 (6) ; 
(1), (2) |1, ch. 24107; (3) |1, ch. 23703; (4) |1, ch. 23710; (5) 
§§1, 2, ch. 23689, 1947; §1, ch. 25306, 1949; (l)(g), §1, ch. 26535, 
1951; §10, ch. 27991, 1953; (l)(a) (1. ch. 29994, 1955; (l)(a) 
§1, ch. 31408, 1956; (1) (f ) r. §1, ch. 61-212. 

32.08 To be open for voluntary pleas of 
guilty. — All county courts and criminal courts 
of record in this state, in addition to their regu- 
lar trial terms as now provided by law, shall, at 
all times, Sundays excepted, be considered open 
for the reception of voluntary pleas of guilty in 
all criminal cases pending therein on informa- 
tion or indictments and for the rendition of 



Ch. 32 



CRIMINAL COURT OF RECORD 



Ch. 32 



judgments and passing of sentences, the same 
to be entered of record by the respective clerks 
of said courts as directed by said judges. And 
the judges of said courts, at all times, Sundays 
excepted, may receive such pleas of guilty, when 
voluntarily offered by the accused, and there- 
upon at once pronounce judgment of conviction 
and sentence upon such pleas and direct the 
entry of the same of record by the clerks of said 
courts. 

History.— 12, ch. 4398, 1895; GS 3872; BGS 5967; CGL 8234; 
|1, ch. 24107, 1947. 

32.09 Bail bonds. — The judges of the several 
criminal courts of record of this state shall enter 
upon the back of all capiases issued by the clerk 
of said court under his signature, when there 
has been no arrest made, the amount of the bond 
to be taken and approved. 

History.— Jl, ch. 4921, 1901; GS 3873; RGS 5968; CGL 8235; 
SI, ch. 24107, 1947. 

32.10 Clerk; election, term of office; filling 
vacancy. — 

(1) There shall be a clerk for each criminal 
court of record, who shall be elected by the 
qualified electors of their respective counties 
for terms of four years each. 

(2) The judge of the criminal court of rec- 
ord shall have the same power and authority to 
appoint a clerk ad interim as does the circuit 
judge under the provisions of §28.09. 

History.— 817, ch. 3731, 1887; BS 2822; GS 3874; RGS 6969; 
CGL 8236; |1, ch. 24107, 1947. 

32.11 Duties of clerks. — The clerk shall be 
custodian of the dockets, books and papers of 
the court, and shall have the same powers, 
duties and obligations that are exercised by and 
imposed on the clerks of the circuit courts. 

History.— §15, ch. 3731, 1887; RS 2823; GS 3875; RGS 5970; 
CGL 8237; §1, Ch. 24107, 1947. 

32.12 Compensation of clerk when not other- 
wise provided. — 

(1) When not otherwise provided, the com- 
pensation of the clerk of the criminal court of 
record shall be in fees, which shall be the same 
as the fees of the clerk of the circuit court in 
like cases. Such fees shall be paid by the county 
in criminal cases when the defendant is insol- 
vent, as prescribed by law. 

(2) Special and local laws, and laws of lim- 
ited application, relating to the compensation 
and fees to be charged by or paid to the clerk 
of the criminal court of record shall not be re- 
pealed or in any way affected by the revision of 
this chapter. 

History — §16, ch. 3731, 1887; RS 2823; GS 3875; RGS 5971; 
CGL 8238; §1, Ch. 24107, 1947. 
cf. — §28.24 Clerk ol circuit court, compensation. 

32.13 Compensation of clerk, small coun- 
ties. — 

(1) The clerk of the criminal court of record 
in all counties having a population of less than 
fifty thousand, according to the last preceding 
federal or state census, shall receive the sum of 
one hundred seventy-five dollars per month sal- 
ary, payable monthly out of the fine and for- 
feiture fund of the county. 

(2) All fees and costs collected by the said 



clerk shall be paid over by him to the county 
depository to the credit of the fine and for- 
feiture fund and the county shall not be liable 
for any costs to the said clerk adjudged against 
it upon the conviction of any party in the said 
criminal court of record. 

(3) The compensation allowed clerks of the 
criminal courts of record under this section shall 
be in lieu of all fees or other compensation oth- 
erwise allowable under any other statute or law. 

History.— §§1, 2, ch. 9173, 1923; CGL 8239, 8240; §1, ch. 
24107, 1947. 

32.14 Compensation of clerk, large coun- 
ties. — The clerk of the criminal court of record 
in all counties having a population of more 
than eighty-five thousand according to the last 
preceding state or federal census shall be paid 
as follows: 

(1) As fees for all services to be performed 
by him in any criminal action or proceeding 
in said court, in lieu of all other fees hereto- 
fore charged, except as hereinafter provided, 
the sum of nine dollars for each defendant in 
said action. 

(2) Upon the institution of any appellate 
proceeding or upon the issuance of any writ 
of error, there shall be charged and collected 
by the said clerk, from each party instituting 
such appellate proceeding in said court or se- 
curing such writ of error, the sum of four 
dollars in lieu of all other fees heretofore 
charged in such appellate proceeding. 

(3) Upon the discharge of a defendant as 
provided in §902.18, and upon the transmittal 
to the clerk of the criminal court of record of 
the affidavit, warrant and order of discharge, 
the said clerk shall receive as a fee for in- 
dexing, docketing, and filing same, a sum not 
exceeding four dollars for each discharged de- 
fendant. 

(4) For his service as such clerk of the 
criminal court of record in such actions, and 
in all other cases and in all matters not here- 
inabove specifically included, the same fees 
as the clerk of the circuit court receives for 
similar services at the time such services are 
rendered. 

(5) This section shall not be construed to 
include the fees of such clerk for furnishing 
or certifying copies of any record or paper or 
for preparing or verifying transcripts of record 
in appellate procedures. 

(6) This section shall become effective, as 
to all counties hereafter attaining the above 
population, on the first day of January next 
after the official publication of the census show- 
ing such population. 

History.— §§1-4, ch. 15924, 1933; SSI, 2, ch. 16874, 1935; 
CGL 1936 Supp. 8240(1); SI, ch. 22612, 1945; SI, ch. 23720; 
§1, ch. 24107, 1947; §1, ch. 25159, 1949. 

32.15 Bond of clerk in large counties. — In 

each county in the state having a population 
in excess of one hundred fifty thousand, ac- 
cording to the last state census, the clerk of 
the criminal court of record, before being com- 
missioned, shall give bond in a penalty which 
shall not be less than five thousand dollars nor 
more than fifty thousand dollars, to be fixed by 



Ch. 32 



CRIMINAL COURT OF RECORD 



Ch. 32 



the board of county commissioners of his coun- 
ty, payable to the governor of the state and 
his successors in office, with two or more 
good and sufficient sureties to be approved by 
the board of county commissioners and the 
comptroller, and to be filed with the secretary of 
state, which bond shall be conditioned upon the 
faithful discharge of the duties of his office. 
Each surety upon such bond may bind himself 
for a specified sum, but the aggregate amount 
for which the sureties shall bind themselves 
shall not be less than the full penalty of the 
bond. Each surety upon such bond shall make 
affidavit that he is a resident of the county for 
which the respective officer is to be commis- 
sioned and that he has sufficient visible property 
therein, unencumbered and not exempt from 
sale under legal process, to make good his bond. 
The above provisions as to number of sureties, 
affidavit or residence and justification of same, 
shall not apply to solvent surety companies 
authorized to do business and execute official 
bonds in this state. 

History.— §§1-4, cb. 17754, 1937; §1, ch. 24107, 1947. 

32.16 County solicitor; election, term, pow- 
ers, duties, etc. — 

(1) There shall be a prosecuting attorney 
for each criminal court of record to be designat- 
ed as the county solicitor, who shall be elected 
by the qualified electors of their respective 
counties for terms of four years each, as pro- 
vided in and by §9, Art. V, of the state constitu- 
tion. 

(2) The county solicitors shall have and ex- 
ercise the same powers, duties and obligations 
in the criminal courts of record as are exercised 
by, and imposed upon, state attorneys in the cir- 
cuit courts, except when otherwise expressly 
provided. 

History.— §9, ch. 3731, 1887; RS 2825; OS 3877; RGS 5972; 
CGL 8241; II, ch. 24107. 1947. 

32.17 Appointment of solicitor by the judge. 

— Whenever there shall be a vacancy in the of- 
fice of county solicitor in any of the counties of 
this state in which a criminal court of record is 
established, either by reason of nonappointment 
or otherwise, or if a county solicitor shall not 
be present at any term of the court, or, being 
present, shall from any cause be unable to per- 
form the duties of his office, the judge of said 
court shall have full power to appoint a county 
solicitor from among the members of the bar 
with the consent of such member so appointed, 
to whom shall be administered an oath to faith- 
fully discharge the duties of comity solicitor, 
and who shall have as full and complete author- 
ity, and whose acts shall be in all respects as 
valid, as a regularly appointed county solicitor. 
He shall sign all informations and other papers 
as acting county solicitor. The power of said 
appointee shall cease upon the filling of said 
office by appointment or upon the ability of the 
county solicitor to perform the duties of his 
office, a note of which shall be entered upon the 
minutes of the court. The compensation of such 
appointee shall be the same as that of the regu- 
larly appointed county solicitor, and shall be 



paid by the regular county solicitor, and not by 
the county or state, in those cases in which the 
temporary appointment is made by reason of the 
absence, inability or disqualification of the reg- 
ular county solicitor. 



History.— §1, ch. 

§1, ch. 24107, 1947. 



4224, 1893; GS 3879; RGS 5974; CGL 8247; 



32.18 Method of prosecution; rules of plead- 
ing and practice. — 

(1) All offenses triable in the criminal 
courts of record shall be prosecuted upon infor- 
mation under oath, to be filed by the county 
solicitor. 

(2) The grand jury of the circuit court for 
the county in which a criminal court of record 
is established may indict for offenses triable in 
the criminal court of record. 

(3) Upon the finding of such indictment, the 
circuit judge shall commit or bail the accused 
for trial in the criminal court of record, which 
trial shall be upon information filed by the 
county solicitor. 

(4) Upon the finding of such indictment, the 
circuit judge, or the clerk of the circuit court 
upon direction of the circuit judge, shall certify 
such indictment and deliver the same to the clerk 
of the crimina 1 court of record or to the county 
solicitor. Such indictment shall be sufficient 
basis for the filing of an information by the 
county solicitor. 

History.— §13, ch. 3731, 1887; RS 2830; GS 3881; RGS 5976: 
CGL 8257; §1, ch. 24107, 1947 
cf.— §§032.47, 932.48, Piling information. 

§§906.01 to 906.26, Information, forms and requisites. 

32.19 Informations may be filed in vacation. 

— Informations may be filed with the clerk of 
the criminal court of record in vacation, with- 
out leave of the court being first had and ob- 
tained, and upon information so filed the clerk 
of said court shall docket cases and issue any 
and all necessary process, the same as if filed in 
term time by leave of the court. 

History.— 11, ch. 4398, 1895; |3, ch. 4406, 1895; GS 3882; RGS 
5977; CGL 8258; §1, ch. 24107, 1947. 

32.20 To have process. — The county solicitor 
is allowed the process of his court to summon 
witnesses to appear before him in or out of term 
time, at such convenient places and time as may 
be designated in the summons, to testify before 
him as to any violation of the criminal law upon 
which they may be interrogated. 

History.— §11, ch. 3731, 1887; RS 2827; GS 3883; RGS 5978; 
CGL 8259; §1, ch. 24107, 1947. 

32.21 Praecipe for process. — No writ of at- 
tachment or subpoena for witnesses for the state 
shall be issued from said court, unless the 
county solicitor shall first file with the clerk a 
praecipe in writing for same. 

History.— §10, ch. 3731, 1887; RS 2828; GS 3884; RGS 5979; 
CGL 8260; §1, ch. 24107, 1947. 

32.22 May administer oath. — The county so- 
licitor may administer oaths to all witnesses 
summoned to testify by the process of his court, 
and to all witnesses who may voluntarily appear 
before him to testify as to any violation or viola- 
tions of the criminal law. 

History.— §12, ch. 3731, 1887; RS 2829; GS 3885; RGS 5980- 
CGL 8261; am. §1, ch. 22728, 1945; §1, ch. 24107, 1947. 



Ch. 32 



CRIMINAL COURT OF RECORD 



Ch. 32 



32.23 Compensation of county solicitor, gen- 
erally. — Except where otherwise provided, the 
county solicitor of the criminal court of record 
shall be paid two dollars per diem, quarterly, by 
the county, and conviction fees of ten dollars 
for each felony and five dollars for each misde- 
meanor, to be paid in like manner as other crim- 
inal costs, and the said conviction fees shall be 
paid in cases where new trials are granted and 
appeals taken, the same as in other cases of con- 
viction. 

History.— §14, ch. 3731, 1887; §6, ch. 4055, 1891; E8 2826; 
OS 3878; RGS 6973; CGL 8242; §1, ch. 24107, 1947. 

32.24 Compensation of county solicitor in 
large counties. — 

(1) In the following counties the county so- 
licitor of the criminal court of record shall re- 
ceive the following compensation, in lieu of all 
other compensation, the same to be paid by the 
county in equal monthly installments, to wit: 

(a) In counties having a population of not 
less than seventy thousand and not more than 
one hundred thousand : four thousand two hun- 
dred dollars per annum. 

(b) In counties having a population of more 
than one hundred thousand but less than one 
hundred eighty thousand: six thousand dollars 
per annum. 

(c) In counties having a population of one 
hundred eighty thousand or more: seven thou- 
sand five hundred dollars per annum. 

(d) In all counties in the state having a 
population of two hundred sixty thousand or 
more, according to the last preceding census 
of the state, the county solicitors of the crim- 
inal courts of record therein may employ not 
to exceed four assistants to such solicitor, 
to be designated as the first assistant, second 
assistant, third assistant and fourth assist- 
ant, respectively, and such assistants so em- 
ployed shall hold office during the pleasure of 
the county solicitor. 

(e) All employment of assistants to the 
county solicitors of the criminal courts of rec- 
ord, as provided for in paragraph (d) of this 
law, shall be made in writing, which writing 
shall designate the assistants as "first assist- 
ant," "second assistant," "third assistant" or 
"fourth assistant," as the case may be, and a 
record of such writing shall be entered in the 
minutes of the criminal court of record, and 
when such employment shall be revoked such 
revocation shall be made in writing and a 
record of that such writing shall be entered in 
said minutes of said court. 

(f) The compensation of such assistant 
county solicitors, as provided for in paragraph 
(d) of this law, shall be as follows : the first as- 
sistant, six thousand dollars per annum, the sec- 
ond assistant, five thousand dollars per annum, 
and the third and fourth assistants, four thou- 
sand dollars per annum each, each payable in 
equal semi-monthly installments by the county. 

(2) The above populations to be determined 
by the last preceding state or federal census ex- 
cept where otherwise provided. In all counties 
hereafter attaining the above populations, this 
section shall take effect on the first day of Janu- 



ary next after the official publication of the 
census showing such population. 

(3) No special or local law, or law of limited 
application, relating to the compensation of 
county solicitors of particular counties, shall be 
repealed or in any way affected by the revision 
of this chapter. 

History.— §1, ch. 11961, 1927; CGL 8245; ch. 15989, 1933; 
§1, ch. 16109, 1933; §1, ch. 16935, 1935; CGL 8246(l)-8246(7); 
§1, ch. 17859, 1937; §1, ch. 17860, 1937; §1, ch. 24107; §§1-3, 
ch. 23667, 1947. 

32.25 Assistant county solicitor, generally. — 

(1) The county solicitor, except where other- 
wise provided, may appoint assistant county so- 
licitors, to whom shall be administered an oath 
to faithfully perform the duties of assistant 
county solicitor, and who shall have the same 
poweru and perform the same duties as the 
county solicitor appointing them, and for whose 
neglect and default the county solicitor shall be 
responsible. A note of the appointment of an 
assistant county solicitor shall be entered upon 
the minutes of the court. An assistant county 
solicitor shall sign all information and other 
papers filed or issued by him as such "assistant 
county solicitor." His compensation shall be 
paid by the county solicitor and not by the 
county or state. 

(2) No special or local law, or law of limited 
application, providing for assistant county so- 
licitors for any of the criminal courts of record 
and relating to their appointment, employment 
or selection and their compensation, shall be 
repealed or in any way affected by the revision 
of this chapter. 

History.— §2, ch. 4224, 1893; §1, ch. 5126, 1903; GS 3880; 
RGS 5975; CGL 8248, 8249-8252, 8256(1), 825614), 8256(7), 
8256(8); §2, ch. 11815, 1927; §§2-5, ch. 16109. 1933; §§1-4, Ch. 
17861, 1937; §1, ch. 19388, 1939; §1, ch. 19677, 1939; §7, ch. 
22858, 1945; §1, Ch. 24107, 1947; §11, ch. 25035, 1949. 

32.26 Sheriff of the county as executive offi- 
cer. — The sheriff of the county in which the 
criminal court of record is established shall be 
the executive officer of said court, and his 
powers, duties and obligations shall be the same 
as those of the sheriff while acting as executive 
officer of the circuit court. 

History.— §18, ch. 3731, 1887; ES 2831; GS 3886; EGS 5981; 
CGL 8262; §1, ch. 24107, 1947. 

32.27 Sheriff authorized to take and approve 
bail bonds. — The sheriffs of the several counties 
of this state, where such endorsements are made 
as provided in §32.09, and capiases are placed 
in their hands for execution, and the persons 
against whom such capiases are issued are ar- 
rested, and such persons desire to give bond, 
may take and approve such bond for the amount 
set forth as provided in §32.09, when duly signed 
by such persons as are in his judgment good and 
sufficient sureties, as provided by law. 

History.— §2, ch. 4921, 1901; GS 3887; EGS 5982; CGL 8263; 
§1, ch. 24107, 1947. 

32.28 Fee for approving bail bonds. — The 

sheriff shall receive the fees provided in §30.23 
for taking and approving bail bonds, the same 
to be paid as other costs in criminal cases are 
paid. 

History.— §3, ch 4921, 1901; GS 3888; EGS 5983; COL 6264; 
§1, ch. 24107, 1947. 



Ch. 32 



CRIMINAL COURT OF RECORD 



Ch. 32 



32.29 Sheriff's compensation.— The sheriff's 
compensation shall be in fees, which shall be the 
same as those allowed for like services in the 
circuit courts, and shall be paid by the county 
when the defendant is insolvent, as provided by 
law. 

History.— 819, ch. 3731, 1887; RS 2832; CS 3889; RGS S884; 
CGL 8265; am. SI, ch. 24107, 1847. 

32.30 Juries, jurors and witnesses in crimi- 
nal courts of record. — The provisions of chapter 
40 and §§932.19-932.23 and 932.25-932.37, and 
such other sections of said statutes as may 
have application to juries, jurors and witnesses 
in criminal courts of record, shall be applicable 
under this chapter. 

History.— §1, ch. 24107, 1947. 

32.31 Detectives or special investigators. — 
Laws, whether special or local or of limited 
application, providing for the employment of 
detectives or special investigators by or for 
county solicitors, or criminal courts of record, 
shall not be repealed or in any way affected by 
the revision of this chapter. 

History.— SI, ch. 24107, 1947. 



32.32 Official court reporters. — Laws, wheth- 
er special or local or of limited application, pro- 
viding for the employment, election or appoint- 
ment of court reporters for criminal courts of 
record, shall not be repealed or in any way 
affected by the revision of this chapter. 

History.— SI, ch. 24107, 1947. 

32.33 Stenographers, bailiffs, offices, etc. — 

Laws, whether special or local or of limited ap- 
plication, providing for the employment or other 
selection of stenographers, secretaries, bailiffs 
or other personnel for the county solicitor or 
the criminal court of record or its judge, and 
providing for office rooms and office expense for 
the said county solicitor, judge or court, shall 
not be repealed or in any way affected by the 
revision of this chapter. 

History.— $1, ch. 24107, 1947. 

32.34 Probation and parole officers. — Laws, 

whether special or local or of limited applica- 
tion, providing for and relating to probation and 
parole officers for the criminal courts or record, 
shall not be repealed or in any way affected by 
the revision of this chapter. 

History.— §1, ch. 24107, 1947. 









Ch. 33 



CIVIL COURT OF RECORD 



Ch. 33 



CHAPTER 33 
CIVIL COURT OF RECORD 



33.01 Civil courts of record established. 

33.02 Jurisdiction. 

33.03 Judge ; appointment, term, etc. 

33.04 Clerk of the court. 

33.05 Seal. 

33.06 Terms of court. 

33.07 Disqualification, transfer of cases. 

33.01 Civil courts of record established. — 

There shall be a court to be known as the civil 
court of record in each county in this state, 
which has or shall have a population of more 
than nine hundred thousand, according to the 
latest official decennial census; provided that 
civil courts of record hereafter established pur- 
suant hereto shall be established on May 1 next 
succeeding the year of which such census is 
taken. 

History.— 11, ch. 11357, 1925; CGL E156; SI, ch. 20739, 1941; 
§1, ch. 21819, 1943; §1, ch. 23688, 1947; §1, ch. 61-40; §1, ch. 
63-4. 

33.02 Jurisdiction. — All such civil courts of 
record for each county respectively shall have 
exclusive original jurisdiction in all cases at 
law, including writs of attachment and garnish- 
ment where the matter in controversy does not 
exceed, exclusive of interest and cost, the sum 
or value of five thousand dollars, and also where 
(a) the cause of action in whole or in part, 
arose or accrued in the county, or (b) the 
property involved in whole or in part, is in the 
county, or (c) the defendant or one of the de- 
fendants is found in the county. Where the 
jurisdiction sum of value first above stated is 
alleged, jurisdiction of such civil courts of 
record shall be prima facie presumed. Such civil 
courts of record shall not have jurisdiction of 
cases in equity, nor jurisdiction of cases in- 
volving the legality of any tax, assessment or 
toll, or of the action of ejectment, or of actions 
involving the title or boundaries of real estate, 
nor jurisdiction of proceedings relating to 
forcible entry or unlawful detention of lands 
and tenements, nor jurisdiction in cases at law 
in which the demand or value of the property 
involved does not exceed five hundred dollars. 

History — §1, ch. 11357, 1925; CGL 6156. 
cf. — §33.14 Jurisdiction In counties of 260,000 or more Inhabit- 
ants. 

33.03 Judge; appointment, term, etc. — There 
shall be a judge for each of said courts who 
shall be appointed by the governor and con- 
firmed by the senate, and who shall hold of- 
fice for four years. He must be at least twenty- 
five years of age, an attorney at law, and he 
must have been a resident of the state for at 
least five years prior to date of his appoint- 
ment. Each judge of said court shall receive 
a salary of six thousand dollars per annum, 
payable in monthly installments of five hun- 
dred dollars each, and his salary shall be 
paid from the general revenue of the county 
in which such civil court of record is estab- 
lished. He shall not exercise the profession or 



33.08 Judgments, liens. 

33.09 Rules of procedure. 

33.10 Application of general laws. 

33.11 Appellate jurisdiction. 

33.13 Pending cases when court established. 

33.14 Civil courts of record ; jurisdiction. 

employment of counsel or attorney at law, or 
engage in the practice of law during his term 
of office, except in matters of chancery. 

History.— §2, ch. 11357, 1925; CGL 5157. 

33.04 Clerk of the court. — In all such coun- 
ties where there is a criminal court of record, 
the clerk of the criminal court of record shall 
also be clerk of the civil court of record, and 
he shall have the same powers and perform the 
same duties in the civil court as are performed 
by and required of the clerk of the circuit court 
in said court, and as compensation for his 
services he shall receive the same fees as the 
clerks of circuit court receive for similar work. 

Where there is no criminal court of record 
in any county which shall have such civil court 
of record, the clerk of the circuit court for 
such county shall be the clerk of such civil 
court of record. 

History.— §§3, 4, ch. 11357, 1925; CGL 5158, 5159. 

33.05 Seal. — The seal of all such civil courts 
of record shall be provided, approved, paid for, 
and an impression thereof deposited as are the 
seals of circuit courts. In the case of the loss 
or destruction of such seal, the private seal of 
the clerk shall suffice until an official seal is 
provided. 

History.— §5, ch. 11357, 1925; CGL 5160. 

33.06 Terms of court. — There shall be six 
terms of such civil court of record held each 
year, commencing on the second Monday in 
January, March, May, July, September and 
November. 

History.— §6, ch. 11357, 1925; CGL 5161. 

33.07 Disqualification, transfer of cases. — 

Whenever any judge of such civil court of rec- 
ord is disqualified to try any case pending in 
his court, he shall make an order transferring 
said case to the circuit court of the same county 
and the civil court clerk shall forthwith deliver 
to the clerk of the circuit court of such county 
all papers, files, and copies of records of such 
suit, and the clerk of the circuit court shall 
have jurisdiction of the suit so transferred, 
the same as if there was no civil court of rec- 
ord in said county, and the said suit was insti- 
tuted in said circuit court. 

History.— §7, ch. 11357, 1925; CGL 5162. 

33.08 Judgments, liens. — Judgments of such 
civil courts of record shall be liens on real es- 
tate in like manner as judgments of county 
courts when recorded according to law with 



Ch. 33 



CIVIL COURT OP RECORD 



Ch. 33 



the clerk of the circuit court in the judgment 
lien record. 

History.— 88, ch. 11357, 1925; CGL 6163. 

33.09 Rules of procedure. — The rules of 
pleading, practice, procedure and evidence and 
the laws of this state prescribing rules of 
pleading, practice, procedure and evidence, and 
prescribing issuance, service and return of proc- 
ess for circuit courts, shall, so far as they are 
applicable, govern such civil courts of record. 

History.— $9, ch. 11357, 1925; {1, ch. 14664, 1931; CGL 
6164. 

33.10 Application of general laws. — All the 

provisions of the general statutes of Florida, 
and all laws amendatory thereof or supplemen- 
tary thereto, which can be applied to such civil 
courts of record, or to any proceedings therein, 
or to any officer thereof shall be applicable 
thereto in all cases except where they are in- 
consistent with the provisions of this law. 

History.— 810. ch. 11357. 1925; COL 5165. 

33.11 Appellate jurisdiction. — 

(1) Final orders or judgments of civil 
courts of record are reviewable by appeal to the 
appropriate district court of appeal unless 
review by the supreme court is authorized by 
Art. V of the state constitution. Review by said 
courts shall be in the manner and within the 
time prescribed by the Florida appellate rules. 

(2) The filing fee of the appellate court 
shall be as prescribed by law or the Florida 
appellate rules. The fee of the trial court shall 
be two dollars. 

History.— 811. Ch. 11357, 1925; COL 6166; {1, Ch. 20361, 1941; 
II, Ch. 63-559. 



33.13 Pending cases when court established. 

— When a civil court of record is established 
in any county, the circuit court in such county 
shall retain complete jurisdiction of all cases 
therein pending, until the same are finally de- 
termined by the circuit court, and nothing shall 
be so construed as to require that any case in 
the circuit court shall be transferred to the 
civil court of record. 

History.— §13, ch. 11357, 1925; CGL 5168. 

33.14 Civil courts of record; jurisdiction. — 

(1) In all counties having a population of 
two hundred sixty thousand or more accord- 
ing to the latest census taken pursuant to law, 
every civil court of record established pursu- 
ant to statute shall have original jurisdiction 
of all cases at law where the matter in contro- 
versy does not exceed, exclusive of interest and 
cost, the sum of five thousand dollars, and pro- 
ceedings relating to forcible entry and un- 
lawful detention of lands and tenements, in- 
cluding any statutory remedy relating to land- 
lord and tenant, except when some other court 
under the constitution shall have exclusive 
original jurisdiction of any such actions; and 
all such courts in such counties shall have 
three judges who shall draw the same com- 
pensation. 

(2) All acts and proceedings heretofore had 
or taken in all civil courts of record not juris- 
dictional are hereby validated. 

History.— 5§1, 2, ch. 21868, 1943; (1) 81, ch. 27003, 1951. 
cf.-S33.02 Jurisdiction of civil courts of record generally. 



Ch. 34 



COUNTY COURTS 



Ch. 34 



CHAPTER 34 
COUNTY COURTS 



34.01 


Jurisdiction of county courts. 


34.15 


34.02 


Terms. 




34.03 


Clerk. 




34.04 


Compensation of clerk, generally. 


34.16 


34.041 


Filing fees of clerk for trial and appel- 






late proceedings. 


34.18 


34.05 


Compensation of clerk, large counties. 


34.19 


34.06 


Records. 


34.20 


34.07 


Sheriff to be executive officer. 


34.21 


34.08 


Compensation of sheriff. 




34.09 


Seal. 


34.22 


34.10 


Prosecuting attorney for county court. 




34.11 


Compensation. 




34.12 


Duties. 


34.23 


34.13 


Method of prosecution. 




34.14 


Witnesses before prosecuting attorney. 





34.01 Jurisdiction of county courts. — Coun- 
ty courts shall have jurisdiction of the follow- 
ing matters and things, to-wit : 

(1) Of all cases at law where the demand or 
value of the property in question does not ex- 
ceed five hundred dollars. 

(2) Of proceedings in relation to the force- 
ful entry and unlawful detention of lands. 

(3) Of proceedings for the removal of de- 
linquent tenants. 

(4) Of all misdemeanors, except in counties 
where criminal courts of record are established, 
in which counties the county courts shall have 
no criminal jurisdiction. 

(5) Of attachments, garnishments, forceful 
entry and unlawful detainer, replevin, enforce- 
ment of statutory liens and proceedings be- 
tween landlord and tenant. The proceedings in 
such cases to be as provided by law. 

(6) To hear and determine all causes for 
removal of delinquent tenants arising under and 
by virtue of law, and such county courts shall 
at all times be open to hear and determine such 
causes. 

History.— §6, ch. 3730, 1887; RS 1572, 2833; GS 2034, 3890; 
<1, ch. 6463, 1913; RGS 3325, 3326, 5985; CGL 5169, 5170, 8278; 
(5)r. by §3, ch. 63-559. 
Cl.— §8, Art. V, Const. 

34.02 Terms. — The terms of the county 
courts now existing, or which may hereafter 
exist under the laws of this state, shall be held 
four times a year at such times as the act or 
acts creating such courts shall designate; pro- 
vided, that in cases of misdemeanors, where the 
defendant and prosecuting attorney may agree 
to waive trial by jury, such cases may be heard 
in vacation. 

History.— §1, ch. 4406, 1895; GS 2035; RGS 3327; CGL 6171. 

34.03 Clerk.— The clerk of the circuit court 
in counties in which there is no criminal court 
of record established, shall be clerk of the coun- 
ty court, and shall hold his office at the office 
of the clerk of the circuit court. In counties 
where a criminal court of record is established, 
the clerk of said criminal court shall be the 
clerk of the county court and shall hold his of- 
fice in the county court house. 

Such clerk of the county court shall sign all 



When prosecuting attorney unable to 
perform duties judge may appoint 
acting prosecuting attorney. 

Compensation of acting prosecuting at- 
torney. 

Eules of practice. 

General provisions. 

Salary of judge of county court. 

Compensation where population exceeds 
twenty-two thousand. 

Substitution of a circuit judge for the 
county judge as judge of the county 
court. 

Appointment of census commissioners; 
county judges; proclamation by gov- 
ernor. 

papers required to be signed pertaining to said 
county court as "County Clerk." 

History.— §4, ch. 3730, 1887; RS 1574; GS 2036; RGS 3328; 
CGL 5172. 
cf.— §6, Art. V, Const. 

34.04 Compensation of clerk, generally. — 

Unless otherwise provided, the clerk of the 
county court shall receive as compensation for 
his services the same fees as the clerk of the 
circuit court receives for similar services at 
the time such services are rendered. 

History. — Supplied to complete apparent omission in statutes. 

34.041 Filing fees of clerk for trial and ap- 
pellate proceedings. — 

(1) Upon the institution of any civil or 
criminal action, suit, or proceeding in the 
county court of any county of the state, there 
shall be paid by the party or parties so in- 
stituting such action, suit or proceedings, as 
fees of the clerk of said court, for all serv- 
ices to be performed by him therein, in lieu 
of all other fees heretofore charged, except as 
hereinafter provided, the sum of seven dollars 
and fifty cents. 

(2) Upon the institution of any appellate 
proceeding from the county court to the circuit 
court of the state, there shall be charged and 
collected by the clerk from the party or parties 
instituting such appellate proceedings, in lieu 
of all other fees heretofore charged, except as 
hereinafter provided, the sum of three dollars 
fifty cents. 

(3) Nothing in this section shall be con- 
strued to include the fees of the clerk for 
preparing or verifying transcripts of record in 
appellate proceedings, or for furnishing copies 
of any record or paper. 

(4) This section shall not apply to any suit 
or proceeding pending on the day it goes into 
effect. 

(5) This section shall not be applicable to 
counties having a population of more than 
three hundred thousand but less than three 
hundred ten thousand. 

History.— §§1, 2. 6, 7, 9, ch. 26931, 1951; (2) §4. ch. 63-559. 

34.05 Compensation of clerk, large counties. 

— In all counties having a population of more 



Ch. 34 



COUNTY COURTS 



Ch. 34 



than one hundred fifty thousand according to 
the last preceding state or federal census and 
having a county court, the clerk of said court, 
as compensation for his services, shall receive 
fees as follows: 

(1) IN CIVIL CASES.— Upon the institu- 
tion of any civil action, suit, or proceeding, ex- 
cept suit for the removal of delinquent tenants, 
there shall be paid by the party or parties so 
instituting such action, suit, or proceeding, 
as fees for the clerk of the county court for all 
services to be performed by him in such action, 
suit, or proceeding, except as herein provided, 
the sum of six dollars. 

(2) DELINQUENT TENANT CASES.— 
Upon the institution of any suit for the removal 
of delinquent tenants there shall be paid by the 
party or parties so instituting such action, suit, 
or proceeding, as fees for the clerk of the 
county court for all services to be performed 
by him in such action, suit, or proceeding, ex- 
cept as hereinafter provided, the sum of four 
dollars. 

(3) ALL OTHER CASES.— In all other 
cases and matters the said clerk shall receive as 
compensation for his services as clerk of the 
county court, not hereinabove specifically in- 
cluded, the same fees as the clerk of the circuit 
court receives for similar services at the time 
such services are rendered. 

Nothing herein shall be construed to include 
the fees of the clerk of the county court for 
furnishing or certifying a copy of any record 
or paper, or for preparing and verifying tran- 
scripts of records in appellate proceeding. 
" As to counties hereafter attaining such pop- 
ulation, this section shall take effect on the 
first day of the month next after the official 
publication of the census showing such popu- 
lation. 

History.— {§1-3. 7, ch. 16873, 1935; CGL 6172(1). 

34.06 Records. — The clerk shall keep for 
each county court minute books, bench dockets, 
bar and motion dockets, and judgment and ex- 
ecution dockets, which shall be kept in the same 
manner as such dockets are kept for the circuit 
courts. 

History.— §7, ch. 3730, 1887; RS 1577; GS 2039; RGS 3331; 
CGL 6175. 
cf. — §28.21 et seq., Records of circuit court. 

34.07 Sheriff to be executive officer.— The 

sheriff of the county shall serve and execute 
all civil and criminal processes of said court 
and do and perform all duties in and about 
said court, which are required to be performed 
by an executive officer. 

History.— §12, ch. 3730, 1887; BS 1575, 2838; GS 2037, 3896; 
RGS 3329, 5993; CGL 6173, 8287. 
cf. — §30.16, Execution of process. 

34.08 Compensation of sheriff. — The com- 
pensation of the sheriff for serving processes 
in cases in the county court, and for other 
services in connection therewith, shall be the 
same as that for like services in the circuit 
court. 

History.— §2839 RS 1892; GS 3897; RGS 5994; CGL 8288. 
cf. — §30.23 Fees of sheriffs and constables. 



34.09 Seal. — The seal of the county court 
shall be provided, approved, paid for, and an 
impression thereof deposited as are seals of 
the circuit court. In the case of the loss or 
destruction of such seal the private seal of the 
clerk shall suffice until an official seal is pro- 
vided. 

History.— §4, ch. 3730, 1887; RS 1676; GS 2038; RGS 3330; 
CGL 6174. 

34.10 Prosecuting attorney for county court. 

— The prosecuting attorney for the county court 
shall be elected at the same time that the county 
judge is elected and his term of office shall be 
for four years. 

History— {14, ch. 3730, 1887; RS 2834; GS 3891; RGS 6986; 
CGL 8279. 

34.11 Compensation. — The prosecuting at- 
torney shall be paid eight hundred dollars per 
annum and five dollars for each conviction and 
shall also receive ten per cent of each cash bond 
estreated in his court in connection with which 
an investigation is made, and an information is 
filed, provided that in the event the defendant 
whose cash bond has been estreated is subse- 
quently arrested, tried and convicted, he shall 
receive as compensation for said conviction, the 
difference between the amount received on ac- 
count of said bond estreature and the conviction 
fee hereinbefore set forth. 

History.— §15, ch. 3730, 1887; RS 2835; GS 3892; RGS 
5987; CGL 8280; §1, ch. 19321, 1939. 
cf.— -§125.04 Compensation of prosecuting attorney. 

34.12 Duties. — The prosecuting attorney 
shall prosecute all criminal cases before the 
county court, and shall sign all informations 
filed in said court by him, and do and perform 
all the duties required of a prosecuting officer. 

History.— §14, ch. 3730, 1887; RS 2836; GS 3893; RGS 6988; 
CGL 8282. 

34.13 Method of prosecution. — All persons 
tried in the county court on any criminal charge 
shall be tried upon indictment by the grand 
jury, or upon information filed by the prose- 
cuting attorney. Upon the finding of indict- 
ments by the grand jury for crimes cognizable 
by the county court, the clerk of the circuit 
court without any order therefor shall docket 
the same on the trial docket of the county court 
on or before the first day of its next succeeding 
term. 

History.— §9, ch. 3730, 1887; RS 2837; GS 3894; RGS 5989; 
CGL 8283. 

34.14 Witnesses before prosecuting attorney. 

— The prosecuting attorney of the county court 
shall be allowed the process of said court to 
summon witnesses to appear before him, in or 
out of term, at such convenient place and time 
as may be designated in the summons, to testify 
before him as to any violation of the criminal 
law upon which they may be interrogated ; and 
he is hereby empowered to administer oaths to 
all witnesses summoned to testify by the proc- 
ess of the court and to all witnesses who may 
voluntarily appear before him, and he shall 
have authority to take recognizances of all wit- 
nesses summoned before him and of all wit- 
nesses who voluntarily appear before him and 



Ch. 34 



COUNTY COURTS 



Ch. 34 



are administered an oath by him, when he 
deems that their evidence is material on behalf 
of the state, to be and appear on the first day 
of the next term of the said county court. 

The compensation and mileage provided by 
law for witnesses in county courts shall be paid 
to each witness who is compelled to appear 
before said prosecuting attorney under the 
provisions of this section, and to each witness 
who voluntarily appears before him and is 
administered an oath by him. 

History.— SI, ch. 4907, 1901; GS 3895; BOS 5990; CGL 8284; 
11, ch. 59-279. 
cf. — §90.14 Witnesses; pay. 

34.15 When prosecuting attorney unable to 
perform duties judge may appoint acting prose- 
cuting attorney. — When any prosecuting at- 
torney of any county court is sick and unable 
to perform the duties of such prosecuting at- 
torney, or is disqualified to perform such duties 
by reason of being formerly employed in the 
defense of any person charged with a violation 
of the law within the jurisdiction of such court, 
or is absent from the county wherein such 
county court is or may be established, the 
judge of the county court shall appoint a com- 
petent attorney, admitted to practice in such 
court, to be acting prosecuting attorney of 
such court during the absence or the disability 
of the prosecuting attorney. Such acting prose- 
cuting attorney shall have and exercise all the 
duties and powers of the prosecuting attorney 
during such appointment. The powers and du- 
ties of an acting prosecuting attorney shall 
cease as soon as the disability of the prosecut- 
ing attorney ceases or as soon as the prosecut- 
ing attorney returns to the county of which 
he is prosecuting attorney. 

History.— 11, ch. 5803, 1909; RGS 5991; CGL 8285; fl, ch. 57- 
1984; §1, ch. 59-416. 

34.16 Compensation of acting prosecuting 
attorney. — Acting prosecuting attorneys ap- 
pointed under the provisions of the preceding 
section shall receive the same compensation for 
the service and time of performing the duties of 
the prosecuting attorney as is paid to prosecut- 
ing attorneys, and prosecuting attorneys shall 
receive no compensation for service or time in 
which the duties of the office are performed by 
acting prosecuting attorneys. Acting prosecut- 
ing attorneys shall sign all papers as "Acting 
Prosecuting Attorney." 

History.— §2, ch. 5903, 1909; RGS 5992; CGI, 8286; §2, ch. 
57-1984; §2, ch. 59-416. 

34.18 Rules of practice. — The rules of plead- 
ing and practice adopted by the supreme court 
for the government of the circuit courts shall be 
the rules of practice, pleading and procedure in 
civil causes for the county courts, so far so ap- 
plicable and not otherwise provided for. 

History.— §1579 KS 1892; GS 2041; RGS 3333; CGL 5177. 

34.19 General provisions. — All the provi- 
sions of chapters 30, 37 to 43, and 45 to 59, in- 
clusive, 90, 92 and 95, which can be applied to 
the county courts, or to any proceeding therein, 
or to any officer thereof, shall be applicable 
thereto in all cases except where they are ex- 



pressly or impliedly restricted to courts other 
than the county courts, and except where they 
are inconsistent with the provisions of this 
chapter. 

History.— 11580 RS 1892; GS 2042; RGS 3334; CGL 5178. 

34.20 Salary of judge of county court. — The 

salary of the judge of county court shall be 
eighteen hundred dollars per annum, payable 
in monthly installments. He shall also have a 
docket fee of one dollar in civil cases. Provided, 
however, that this section shall not apply to any 
county court in the state wherein the judge of 
such county court is receiving compensation as 
such judge of the county court under a special 
act or under a general act of local application, 
nor to any county having a population of more 
than twenty-four thousand according to the lat- 
est state or federal census. 

History.— 83, ch. 4408, 1895; GS 2043; RGS 3335; CGL 5179; 
8§ 1, 1A, ch. 17996, 1937; 81, ch. 24037, 1947. 

34.21 Compensation where population ex- 
ceeds twenty-two thousand. — In each county 
where the population exceeds twenty-two thou- 
sand people, the judge of the county court shall 
receive an annual salary of twelve hundred 
dollars payable quarterly by the county treas- 
urer. This compensation shall exclude all sal- 
ary, fees, or other compensation which the said 
judge of the county court as such might receive 
or be entitled to, under or by virtue of any 
other laws, but it shall not exclude or affect any 
salary, fees, or other compensation which the 
county judge, as such, may receive, or be en- 
titled to. 

History.— GS 2044; §1, ch. 7333, 1917; RGS 3336; CGL 5180; 
r. chs. 61-1154 and 61-1338; reenacted 87, ch. 63-572. 

34.22 Substitution of a circuit judge for the 
county judge as judge of the county court. — 

(1) WHEN TO BE SUBSTITUTED.— When- 
ever the county judge shall be disabled or dis- 
qualified to act as judge of the county court 
because of illness, interest, or absence from his 
jurisdiction, or other cause, any circuit judge 
of the judicial circuit in which the county is 
located is authorized and empowered to dis- 
charge the duties and functions appertaining to 
such county judge as judge of the county court. 

(2) NOTIFICATION OF DISQUALIFICA- 
TION. — When the county judge shall be so dis- 
abled or disqualified to act as judge of the 
county court, the circuit judges of the judicial 
circuit in which such county is located shall be 
notified of the interest, absence, illness, or other 
cause of disability of the county judge by cer- 
tificate of the county judge or by the clerk of 
said court or by one of the clerks of the county 
judge appointed and acting according to law. 

History.— 81, ch. 57-359. 

34.23 Appointment of census commissioners; 
county judges; proclamation by governor. — 

(1) When it shall be deemed advisable by 
the governor, or when requested by the board 
of county commissioners of any county, that 
the population of any county be determined, the 
governor shall appoint three commissioners 
from such county who shall obtain from the 



Ch. 34 



COUNTY COURTS 



Ch. 34 



United States census bureau an outline of 
proper criteria other than by the actual count- 
ing of individuals, to be used by said commis- 
sioners for the purpose of determining the pop- 
ulation of said county, and the commissioners 
shall thereupon forthwith proceed in accord- 
ance with said criteria to determine the number 
of inhabitants of such county. In making their 
determination the commissioners shall also, 
after public notice, hold a public hearing or 
hearings at such place or places in the county 
as they deem advisable to receive such further 
proof needed to assist them in determining the 
number of such inhabitants. After the conclu- 
sion of its study and after the public hearings 
are held, as aforesaid, the commissioners shall 
make proof to the governor, first, of the estab- 
lishment of criteria by the United States census 
bureau and second, its finding based thereon. It 
shall also forward to the governor certified 



transcript of the record taken at the public 
hearings to be held as aforesaid. 

(2) The findings by any such commission or 
commissioners as to the number of inhabitants 
or the population of any county when pro- 
claimed by the governor shall have the same 
force and effect in law as if according to a 
census taken pursuant to either federal or 
state law insofar as a census affects the num- 
ber of county judges permitted by law but such 
determination shall not otherwise be effective 
for any purpose. 

(3) The commissioners shall not be paid 
any compensation. 

(4) The making of any such census is de- 
clared to be a county purpose and the board of 
county commissioners of any county is author- 
ized and directed to pay the expenses necessary 
to make any census under this act. 

History.— g| 1-4, ch. 63-266. 



Ch. 35 



DISTRICT COURTS OF APPEAL 



Ch. 35 



CHAPTER 35 
DISTRICT COURTS OF APPEAL 



35.01 District courts of appeal ; districts. 

35.02 First appellate district. 

35.03 Second appellate district. 

35.04 Third appellate district. 

35.041 Gift of land for courthouse, third dis- 
trict. 

35.05 Headquarters. 

35.06 Organization of district courts of ap- 

peal. 
35.061 Additional district courts of appeal 
judges. 

35.07 Power to make rules and regulations. 

35.08 Power to execute its judgments. 

35.09 Seal of the court. 

35.10 Regular terms. 

35.11 Special terms. 

35.12 Chief judge. 

35.13 Quorum. 

35.01 District courts of appeal; districts. — 

The district courts of appeal are created and 
the state is divided into three appellate dis- 
tricts of contiguous counties as provided in this 
chapter. 

History.— Jl, ch. 57-248. 

35.02 First appellate district. — The first ap- 
pellate district is composed of Alachua, Baker, 
Bay, Bradford, Calhoun, Clay, Columbia, Dixie, 
Duval, Escambia, Flagler, Franklin, Gadsden, 
Gilchrist, Gulf, Hamilton, Holmes, Jackson, 
Jefferson, Lafayette, Leon, Levy, Liberty, Madi- 
son, Marion, Nassau, Okaloosa, Putnam, St. 
Johns, Santa Rosa, Suwannee, Taylor, Union, 
Volusia, Wakulla, Walton and Washington 
counties. 

History.— §1, oh. 57-248. 

35.03 Second appellate district. — The sec- 
ond appellate district is composed of Brevard, 
Broward, Charlotte, Citrus, Collier, DeSoto, 
Glades, Hardee, Hendry, Hernando, Highlands, 
Hillsborough, Indian River, Lake, Lee, Manatee, 
Martin, Okeechobee, Orange, Osceola, Palm 
Beach, Pasco, Pinellas, Polk, St. Lucie, Sara- 
sota, Seminole and Sumter counties. 

History.— §1, ch. 57-248. 

35.04 Third appellate district. — The third 
appellate district is composed of Dade and 
Monroe counties. 

History.— §1, ch. 57-248. 

35.041 Gift of land for courthouse, third dis- 
trict. — The board of commissioners of state in- 
stitutions is hereby authorized and empowered 
to accept a gift of land from the university of 
Miami for the purpose of constructing a court- 
house to house the district court of appeal in 
district three in Dade county. 

History §1, ch. 57-794. 

35.05 Headquarters. — The headquarters of 
the first appellate district shall be in Tallahas- 
see, Leon county; of the second appellate dis- 
trict in Lakeland, Polk county; and of the third 
appellate district in Dade county. 

History §1, ch. 57-248. 



35.15 Decisions to be filed; copies to be 

furnished. 

35.16 Reports; distribution. 

35.18 Same; appropriations. 

35.19 Compensation of district judges. 

35.20 Retirement of district court of appeal 

judge. 

35.21 Clerk of district court. 

35.22 Clerk of district court; appointment; 

compensation; assistants; filing fees. 

35.23 Location of clerk's office. 

35.24 Custody of books, records, etc. 

35.25 Duties of clerk. 

35.26 Marshal of district court, appointment, 

duties. 

35.27 Compensation of marshal. 

35.28 District courts of appeal libraries. 

35.06 Organization of district courts of ap- 
peal. — There shall be three judges of each dis- 
trict court of appeal. 

(1) The district courts of appeal shall be 
organized in each of three appellate districts to 

be named "District Court of Appeal, 

District." 

(2) The judges shall be appointed by the 
governor between June 1 and July 1, 1957, to 
assume office on July 1, 1957. 

(3) Judges shall be appointed to assume of- 
fice and serve for terms to be designated by the 
governor as follows : 

(a) One judge in "Group A" in each appel- 
late district shall be appointed to serve a term 
to expire on Tuesday after the first Monday in 
January, 1959. 

(b) One judge in "Group B" in each appel- 
late district shall be appointed to serve a term 
to expire on Tuesday after the first Monday in 
January, 1961. 

(c) One judge in "Group C" in each appel- 
late district shall be appointed to serve a term 
to expire on Tuesday after the first Monday in 
January, 1963. 

(4) The successors of the original judges of 
the district courts of appeal shall be elected at 
the general election next preceding the expira- 
tion of their respective terms of office to serve 
for a full term of six years. 

History.— §1, ch. 57-248. 

35.061 Additional district courts of appeal 
judges. — 

(1) In addition to the district court of ap- 
peal judges provided for in §35.06, there shall 
be one additional judge in the first district and 
two additional judges in the second and third 
districts. 

(2) The additional judge for the first dis- 
trict shall be appointed to assume office and 
serve for a term to be designated by the gover- 
nor as follows: 

One judge in group D shall be appointed to 
serve a term to expire on Tuesday after the first 
Monday in January, 1967. 

(3) The additional judges for the second 



Ch. 35 



DISTRICT COURTS OF APPEAL 



Ch. 35 



and third districts, two for each district, shall 
be appointed to assume office and serve for 
terms to be designated by the governor as 
follows : 

(a) One judge in group D in each appellate 
district shall be appointed to serve a term to 
expire on Tuesday after the first Monday in 
January, 1967. 

(b) One judge in group E in each appellate 
district shall be appointed to serve a term to 
expire on Tuesday after the first Monday in 
January, 1965. 

(4) The successors of the original judges of 
the district courts of appeal and these addi- 
tional judges of the district courts of appeal, 
shall be elected at the general election next 
preceding the expiration of their respective 
terms of office to serve for a full term of six 



years. 

History.- 



-§§1-4, ch. 61-513. 



35.07 Power to make rules and regulations. 

— Subject to the power of the supreme court to 
make rules of practice and procedure, the dis- 
trict courts of appeal may make such regula- 
tions as necessary for the internal government 
of the court. 

History.— §1, ch. 57-248. 

35.08 Power to execute its judgments. — 

Each district court of appeal is vested with all 
the power and authority necessary for carrying 
into complete execution all of its judgments, 
decrees, orders and determinations in the mat- 
ters before it agreeable to the usage and prin- 
ciples of law. 

History. — §1, ch. 57-248. 

35.09 Seal of the court. — Each district court 
of appeal shall have an official identifying seal 
as prescribed by the supreme court. 

History. — §1, ch. 57-248. 

35.10 Regular terms. — The district court of 
appeal shall hold two regular terms each year 
at its headquarters, commencing respectively 
on the second Tuesday in January and July. 
The court may adjourn from time to time as 
may be deemed necessary for the dispatch of 
business. 

History.— 51, ch. 57-24S. 

35.11 Special terms. — The district court in 
each district may hold special terms at such 
times and places as may be deemed necessary 
for the public interest, provided that each dis- 
trict court of appeal shall hold at least one 
special term every year in each judicial cir- 
cuit wherein there is ready business to be trans- 
acted. Each district court of appeal shall have 
the power to hear and decide at any regular or 
special term, causes arising anywhere within 
the district. 

History.— §1, ch. 57-248. 

35.12 Chief judge. — There shall be a chief 
judge of each of the district courts of appeal to 
be selected by the members of the court. 

History. — §1, ch. 57-248. 

35.13 Quorum. — Three judges shall consider 



each case and the concurrence of a majority 
shall be necessary to a decision. 

History.— §1, ch. 57-248. 

35.15 Decisions to be filed; copies to be fur- 
nished. — All decisions and opinions delivered 
by the district courts of appeal or any judge 
thereof in relation to any action or proceeding 
pending in said court shall be filed and remain 
in the office of the clerk, and shall not be taken 
therefrom except by order of the court; but 
said clerk shall at all times be required to fur- 
nish to any person who may desire the same 
certified copies of such opinions and decisions, 
upon receiving his fees therefor. 

History §1, ch. 57-248. 

35.16 Reports; distribution. — The reports of 
the decisions of the district courts of appeal 
shall be distributed as provided by contract be- 
tween the board of commissioners of state in- 
stitutions and the publisher upon recommenda- 
tion and approval of the supreme court or by 
law. 

History.— §1, ch. 57-248. 

35.18 Same; appropriations. — The costs of 
publication of said reports, including copies 
thereof for exchange with other states and 
courts as provided in this chapter, shall be paid 
from the appropriation and in the manner pro- 
vided in §25.401. 

History.— §1, ch. 57-248; §2, ch. 61-38. 

35.19 Compensation of district judges. — The 

salary of the judges of the district courts of 
appeal shall be as provided by law. 

History.— §1, ch. 57-248. 

35.20 Retirement of district court of appeal 
judge. — Eetirement of a district court of appeal 
judge shall be as provided by law. 

History.— §1, ch. 67-248. 

35.21 Clerk of district court. — Each district 
court of appeal shall appoint a clerk of such 
district court who shall hold his office during 
the pleasure of the court. The said clerk before 
entering upon the discharge of his duties, shall 
give bond in the sum of two thousand dollars 
payable to the governor, or his successors in 
office, to be approved by a majority of the 
judges of the court conditioned upon the faith- 
ful discharge of the duties of his office, which 
bond shall be filed in the office of the secretary 
of state. 

History.— §1, ch. 57-248. 

35.22 Clerk of district court; appointment; 
compensation; assistants; filing fees. — 

(1) The clerk of each of the district courts 
of appeal shall be appointed and paid an an- 
nual salary as fixed by law. 

(2) The clerk is authorized to employ such 
deputies and clerical assistance as may be nec- 
essary. Their number and compensation shall 
be approved by the court, and paid from the 
biennial appropriation for the district courts of 
appeal. 

(3) The clerk is required to collect a fee for 
each case docketed at the time of filing the 



Ch. 35 



DISTRICT COURTS OF APPEAL 



Ch. 35 



petition or the notice of appeal, as established 
by the supreme court. The opinions of the dis- 
trict court of appeal shall not be recorded, but 
the original as filed shall be preserved with the 
record in each case. 

(4) The clerk is authorized immediately 
after a case is disposed of, to supply the judge 
who tried the case and from whose order, judg- 
ment, or decree, appeal or other review is taken, 
a copy of all opinions, orders or judgments 
filed in such case. Copies of opinions, orders, 
and decrees shall be furnished in all cases to 
each attorney of record and for publication in 
Florida reports to the authorized publisher 
without charge, and copies furnished to other 
law book publishers at one-half the regular 
statutory fee. 

(5) The clerk of the district court of appeal 
is required to prepare a statement of all fees 
collected in duplicate each month and remit one 
copy of said statement, together with all fees 
collected by him, to the state comptroller who 
shall place the same to the credit of the general 
revenue fund. 

History.— §1, ch. 57-248. 

35.23 Location of clerk's office. — Each clerk 
shall keep his records at the headquarters of 
the district court of appeal. 

History.— §1, ch. 57-248. 

35.24 Custody of books, records, etc. — All 

books, papers, records, files and the seal of each 
district court of appeal shall be kept in the 
office of the clerk of said court. 

History.— §1, ch. 67-248. 



35.25 Duties of clerk. — Duties of clerk shall 
be as prescribed by the rules of the court. 

History.— 11, ch. 67-248. 

35.26 Marshal of district court, appointment, 
duties. — 

(1) Each of the district courts of appeal 
shall appoint a marshal who shall hold office 
during the pleasure of the court. The said mar- 
shal shall execute to the governor of the state 
a bond in the sum of two thousand dollars, with 
sureties to be approved by the district court of 
appeal and conditioned that he shall faithfully 
discharge such duties as the court directs. 

(2) He shall have the power to execute the 
process of the court throughout the state, and 
in any county may deputize the sheriff or a 
deputy sheriff for such purpose. 

(3) The marshal shall, under the direction 
of the district court of appeal be custodian of 
the headquarters occupied by the court and 
shall perform such other duties as directed by 
the court. 

History.— 81, ch. 67-248. 

35.27 Compensation of marshal. — The com- 
pensation of the said marshal shall be as pro- 
vided by law. 

History.— §1, ch. 67-248. 

35.28 District courts of appeal libraries. — 

The library of each of the district courts of ap- 
peal and its custodian shall be provided for by 
rule of the supreme court. Payment for books, 
equipment, supplies, and quarters as provided 
for in such rules shall be paid from funds ap- 
propriated for the district courts, on requisition 
drawn as provided by law. 

History.— §1, ch. 67-248. 



Ch. 36 



COUNTY JUDGE'S COURT 



Ch. 36 



CHAPTER 36 
COUNTY JUDGE'S COURT 



36.01 Jurisdiction of county judge. 

36.02 General powers. 

36.03 Bond. 

36.04 Clerks. 

36.05 Seal. 

36.06 Disqualification and transfer of judges. 

36.07 Sickness and transfer of judges. 

36.08 Court always open for probate matters. 

36.09 Powers, practice and pleadings in civil 

cases. 

36.10 Records in civil cases. 

36.01 Jurisdiction of county judge. — The 

county judge shall have: 

(1) Original jurisdiction in all cases at law 
in which the demand or value of property in- 
volved shall not exceed one hundred dollars, 
said jurisdiction to extend throughout the 
county; 

(2) Original jurisdiction of proceedings re- 
lating to the forcible entry and unlawful deten- 
tion of lands and tenements which shall include 
actions for forcible entry and unlawful detainer 
and proceedings against delinquent tenants ; 

(3) Jurisdiction of the settlement of estates 
of decedents and minors; to take probate of 
wills ; to order the sale of real estate of minors ; 
to grant letters testamentary, of administration 
and of guardianship; and to discharge the du- 
ties usually pertaining to courts of probate; 

(4) Original jurisdiction, in counties where 
there are no county courts or criminal courts of 
record, to try and determine all misdemeanors 
committed in his county. 

(5) The power of a committing magistrate. 

History.— §23, ch. 1627. 1888; §1, ch. 3889, 1889; BS 1585, 
1593, 1597, 2847; §1, ch. 4729, 1899; OS 2049, 2057, 2061, 3903; 
EGS 3341, 3348, 3352, 5995, 6001; CGL 5194, 5201, 5205, 8289, 
8295; §1, ch. 18002, 1937; (4) §1, ch. 28080, 1953. 
cf. — §26.53, Appeals from county Judge's court. 
§932.01, Original criminal jurisdiction. 

36.02 General powers. — County judge's 
courts shall be courts of record, and county 
judges shall have authority to make all orders 
or decrees, and to issue every and all process 
necessary to maintain and carry out their con- 
stitutional jurisdiction, or to enforce their au- 
thority, and to enter and enforce their judg- 
ments and decrees in all matters wherein they 
have jurisdiction. 

History.— §2, ch. 1627, 1868; BS 1581; OS 2045; EGS 3337; 
CGL 5183. 
cf. — §125.03 Prosecuting attorney, county judge's court. 

36.03 Bond. — Each county judge shall give 
bond in a sum to be fixed by the board of 
county commissioners of his county, which shall 
not be less than one thousand dollars nor more 
than five thousand dollars. Such bond shall be 
otherwise governed by the provisions governing 
bonds to be given by clerks of the circuit 
courts. Said bond may be sued upon from time 
to time, in the name of the governor, for the 
use of any person interested or aggrieved. 

History.— §2, ch. 3724, 1887; BS 1582; GS 2046: RGS 3338; 
CGL 5184. 
cf.— §§28.01-28.05, Bonds of circuit court clerks. 



36.11 Executive officer. 

36.14 Records of county judge. 

36.15 Records of former courts. 

36.16 Substitution for county judge of circuit 

judge. 

36.17 Fees of county judges generally. 

36.18 Certain fees of county judges, large 

counties. 

36.19 Institution of civil action ; fixed fee. 

36.20 Fee in criminal action. 

36.21 Construction. 

36.04 Clerks. — Every county judge shall 
have power to appoint a clerk of his court, and 
as many additional clerks of his court deemed 
necessary by the judge for the proper execution 
of the duties of that office, and the said clerk or 
clerks so appointed shall be paid by the said 
judge, and each may exercise all nonjudicial 
functions which the judge may perform, and 
shall serve as such clerk or clerks at the pleas- 
ure of the county judge making such appoint- 
ment. 

History — §3, ch. 3889, 1889; BS 1583; GS 2047; BGS 3339; 
§1, ch. 11368, 1925; CGL 5185; §1, ch. 22559, 1945; §1, ch. 29922, 
1955. 

36.05 Seal. — The seal of the county judge 
shall be provided, approved, paid for, and an 
impression thereof be deposited as are seals 
of the circuit court. In case of the loss or de- 
struction of such seal his private seal shall 
suffice until an official seal be provided. The use 
heretofore of the seal of the county courts by 
county judges is validated. 

History.— §§1, 4, S, ch. 1657, 1868; BS 1584; GS 2048; BGS 
3340; CGL 6186. 

36.06 Disqualification and transfer of 
judges. — When it is made to appear to the chief 
justice of the supreme court that any county 
judge of the state is disqualified to act in any 
civil or criminal cause pending before said 
judge, the said chief justice shall enter an 
order of assignment as provided by §25.071 
and the Florida appellate rules. Any judge so 
transferred shall be entitled to the fees in said 
cause for services performed by him as are 
allowed by law, and in addition thereto shall be 
reimbursed for traveling expenses as provided 
in §112.061. Said expenses shall be taxed as 
part of the costs in the case. Any county judge 
ordered transferred to another county to hear 
and try any civil causes, may, before being 
compelled to comply with said order of trans- 
fer, require of either, or both parties in hia 
discretion, a deposit sufficient to cover his ex- 
penses and costs in said cause. 

History.— §§1-3, ch. 8483, 1921; CGL 5187-5189; §8, ch. 63-572; 

§19, ch. 63-400. 

cf.— §36.16, Substitution of circuit court judges. 

§§38.01-38.10, 38.12, 38.13, Disqualification of judges gen- 
erally. 

36.07 Sickness and transfer of judges. — 

(1) Whenever it shall appear to the gover- 
nor of this state that any county judge is in- 
capacitated, by reason of sickness, from the 
performance of his duties as county judge, and 



Ch. 36 



COUNTY JUDGE'S COURT 



Ch. 36 



that the interest of the citizens of the county 
will be served by the transfer and assignment 
of another county judge, the governor may as- 
sign any other county judge of any county in 
the state to a particular county for the purpose 
of conducting the county judge's office in the 
county to which assigned. 

(2) Such assignment shall be by executive 
order, and shall be effective for a period not 
longer than thirty days; if the resident county 
judge be unable to resume his duties at the end 
of thirty days from the date of the executive 
order, other and further assignments may be 
made. 

(3) The county judge so assigned and trans- 
ferred shall have the same power and authority 
and jurisdiction as if he were the duly elected 
county judge of the county, and may hold terms 
of the county court and of the county judge's 
court, and perform all of the acts which by law 
the duly elected county judge of the particular 
county may perform. Such jurisdiction shall be 
additional to and concurrent with and not ex- 
clusive of the jurisdiction of the duly elected 
county judge. 

(4) Any county judge so transferred and 
assigned to another county shall receive the 
same compensation that the resident county 
judge would have received had such resident 
county judge been acting. Such compensation 
shall be paid to the transferred and assigned 
county judge in the first instance by the board 
of county commissioners of the county to which 
he is transferred and assigned, but said board 
shall deduct any sums that have been paid in 
such cases from the fees and emoluments which 
may afterward become payable to the resident 
county judge. 

History.— §§1-3, ch. 16919, 1935; CGL 1938 Supp. 6189(1)- 
6189(3). 
CI.— Art. V, §2, assignment of Judges. 

36.08 Court always open for probate mat- 
ters. — The court of the county judge as a court 
of probate shall be open at all times for the 
transaction of its business. 

History.— §16, ch. 1627, 1868; RS 1586; GS 2050; RGS 3342; 
CGL 5199. 

36.09 Powers, practice and pleadings in 
civil cases. — In all civil matters, the powers, 
terms and duties of the county judge shall be 
the same as those of a justice of the peace, and 
the rules of practice and pleading in his court, 
and in appellate proceedings therefrom, shall 
be the Florida rules of civil procedure as may 
now and hereafter be adopted by the supreme 
court. 

History.— §23, ch. 1627, 1868; §1, ch. 3888, 1889; §1, chs. 
3889, 1889; RS 1594; GS 2058; RGS 3349; CGI, 5202; §31, ch. 
29737, 1955. 

36.10 Records in civil cases. — The county 
judge shall keep separate dockets for all causes 
brought before him in his jurisdiction concur- 
rent with that of a justice of the peace. 

History.— §24, ch. 1627, 1868; RS 1595; GS 2059; RGS 3350; 
CGI, 5203. 

36.11 Executive officer.— The sheriff of the 
county or any constable shall be the executive 
officer of the county judge's court, but if the 



sheriff or constable shall for any reason be 
disqualified or unable to act, the county judge 
may appoint any individual, not interested in 
the case on trial, to serve process and perform 
all duties of such executive officer. 

History RS 2848; §2, en. 4385, 1895; GS 3904; RGS 6002; 

CGL 8296. 

36.14 Records of county judge.— Every 
county judge shall record, or cause his clerk to 
record, in a book or books to be kept for that 
purpose, distinctly and at full length all ap- 
pointments of and accounts rendered by guard- 
ians and settled by him, orders and decrees for 
the sale of minors' real estate, all orders and 
decrees for the assignment or admeasurement 
of dower; and all other orders or decrees; to 
every such book or books he shall keep an index 
of the subjects therein, which, together with 
such book or books, shall be open to the in- 
spection of any person under his supervision. 

History.— §4, ch. 6, 1845; RS 1859; GS 2063; RGS 3345; CGL 
6198. 

36.15 Records of former courts. — All rec- 
ords, judgments and orders of any court in this 
state heretofore exercising the powers of pro- 
bate courts shall be taken and held to be the 
records, judgments and orders of the county 
judge, subject to the like amendment, enforce- 
ment and execution as though the same had 
been made and rendered by the county judge. 

History.— §8, ch. 1629, 1868; RS 1589; GS 2053; RGS 3345; 
CGL 6198. 

36.16 Substitution for county judge of cir- 
cuit judge. — 

(1) WHEN TO BE SUBSTITUTED.— When- 
ever the county judge shall be disabled or dis- 
qualified because of illness, interest, absence 
from his jurisdiction or other cause, the circuit 
judge of the county is authorized to discharge 
the duties and functions appertaining to said 
county judge in all matters under the probate 
and guardianship laws of Florida and may enter 
all proper orders with reference to the custody, 
preservation, sale or distribution of the estates 
in connection therewith; and in case of such 
disability or disqualifications of the county 
judge, the circuit judge is authorized to dis- 
charge all the duties appertaining to said 
county judge in connection with proceedings 
relating to forcible entry and unlawful deten- 
tion of lands, proceedings against delinquent 
tenants, and all other judicial duties and func- 
tions of the county judge as set forth under 
§36.01. 

(2) NOTIFICATION OF DISQUALIFICA- 
TION. — When the county judge shall be so dis- 
abled or disqualified to act, the circuit judge 
shall be notified of such disqualification by 
certificate of the county judge or his duly ap- 
pointed clerk. In no instance shall any county 
judge act in any matter in which he is in- 
terested, and should he presume so to do his 
acts shall be void. 

(3) COUNTY JUDGE TO MAKE SETTLE- 
MENTS WITH CIRCUIT JUDGE.— The county 
judge shall, when he is executor, administrator 
or guardian, make hia settlements as such with 



Ch. 36 



COUNTY JUDGE'S COURT 



Ch. 36 



the judge of the circuit court of his county 
in the same manner and form as other execu- 
tors, administrators or guardians are required 
by law to make their settlements with the 
county judge. 

History.— §1, ch. 154, 1848; 52, ch. 628, 1855; 51, ch. 1876, 
1877; BS 1590; GS 2054; RGS 3346; CGL 5109; §1, ch. 26685, 
1051. 
cf. — §36.06, County judge, disqualification. 

§§38.01-38.10, 38.12, 38.13, Disqualification of Judges gen- 
erally. 

36.17 Fees of county judges generally. — 

(1) The fees to be charged by the county 

judges of the various counties for the following 

services, except where otherwise provided, shall 

be: 

For filing and docketing of each paper 
not required to be recorded 25^ 

For each claim, which shall include costs 
of writing and oath, where such serv- 
ice is desired, and cost of filing and 
docketing $1.00 

This fee must be paid by claimant before 
claim may be filed and may be added 
to the amount of the claim. 

For each order entered, which includes 
cost of writing, issuing and affixing 
seal $1.00 

Warrant of appraisement $1.00 



For drawing or approving each bond 
For issuing letters 



..$2.00 
.$3.00 
For auditing returns or settlement of 

accounts $3.00 

For filing each voucher 10^ 

(2) In addition to the above charges, the 
following charges shall be made for recording, 
which shall include both manual and photo- 
static recording and includes filing, docketing, 
indexing, recording and affixing certificate of 
recordation : 

One page instrument $1.50 

Instruments of more than one page, 

First page 



_$1.00 

75 



For each additional page 

For making and certifying copies of 
the record: 

First page $1.25 

Each additional page .75 

(3) When not otherwise specified, the county 
judge's fees shall be the same as charges made 
for like services by the clerk of the circuit 
court. 

(4) Recording generally shall be required 
for all petitions opening and closing an estate, 
and regarding real estate, and all orders, let- 
ters, bonds, oaths, wills, proofs of wills, returns 
and such other papers as the judge shall deem 
advisable to record, or that shall be required 
to be recorded under the Florida probate law. 

History.— §5, ch. 1981, 1874; §2, ch. 3888, 1889; BS 1592, 
1598; GS 2056, 2060; RGS 3347, 3351; CGL 5200, 5204; §1, ch. 
19174, 1939; CGL 1940 Supp. 2877(115); §1, 21960, 1943; §1, 
ch. 28152, 1953. 
cf. — §28.24 Compensation of clerk: of circuit court. 

36.18 Certain fees of county judges, large 
counties. — 

(1) Upon the institution of any civil action, 
suit or proceeding in the county judge's court of 
any county of the state having a population of 
more than one hundred seventy-five thousand 



according to the last federal or state census, 
whichever is the later, there shall be paid by 
the party or parties instituting such action, 
suit or proceeding, as and for fees of the county 
judge of any such county, for all services to be 
performed by him therein, in lieu of all other 
fees heretofore charged, except as hereinafter 
provided, the sum of five dollars. 

(2) Upon the institution of any criminal ac- 
tion or proceeding before the county judge of 
any county of the state having a population of 
more than one hundred seventy-five thousand 
according to the last federal or state census, 
whichever is the later, there shall be paid to 
the county judge of any such county as and for 
fees for all such services to be performed by 
him in such criminal action or proceedings, in 
lieu of all other fees heretofore charged, except 
as hereinafter provided, the sum of five dollars. 
In all such criminal actions or proceedings the 
county judge of any such county shall require 
pre-payment of said sum by the person making 
application for the warrant, unless such person 
shall make an affidavit of insolvency and of 
substantial injury to person or property in 
which case process shall issue and all costs 
therefor shall be paid by the board of county 
commissioners of such county. If the person ap- 
plying for such warrant is a law enforcement 
officer of the state, then the fee hereinbefore 
provided shall be paid by the board of county 
commissioners of such county immediately upon 
the institution of such proceeding before said 
county judge, without regard to whether an 
information is filed or an indictment found 
against the defendant in such case. 

(3) Upon the institution of any insanity 
proceeding in the county judge's court of any 
county in the state having a population of more 
than one hundred seventy-five thousand accord- 
ing to the last federal or state census, which- 
ever is the later, there shall be paid to the 
county judge of any such county by the board 
of county commissioners of such county, as and 
for his fees for all services performed by him 
in any such insanity proceeding, in lieu of all 
other fees heretofore allowed said county 
judge, except as hereinafter provided, the sum 
of five dollars. Whenever it shall be made to 
appear to the county judge that any such in- 
sane patient is not indigent, the county judge 
shall direct the guardian of said insane person 
to repay the fees advanced by the board of 
county commissioners, to said board. 

Nothing in this section shall be construed to 
include the fees of such county judge for pre- 
paring and certifying any transcript of record 
of such proceedings or a copy of any document 
filed in said office, and said section shall not 
apply to actions or proceedings pending in such 
county judge's court on July 1st, 1939. 

History.— §§1-5, ch. 19633, 1939. 

36.19 Institution of civil action; fixed fee. — 

(1) Upon the institution of any civil action, 
suit or proceeding in the county judge's court 
of any county of the state, there shall be paid 
by the party or parties so instituting such ac- 
tion, suit or proceeding, as and for fees of the 



Ch. 36 



COUNTY JUDGE'S COURT 



Ch. 36 



county judge, for all services to be performed 
by him therein, in lieu of all other fees hereto- 
fore charged, except as hereinafter provided, 
the sum of five dollars. 

(2) The term "suits and proceedings" as 
used in §§36.19-36.21 shall be construed to ap- 
ply to those civil actions, and only those, denned 
in §36.01(1). 

(3) The civil fees provided by §§36.19-36.21 
shall be considered as earned by the county 
judge on the day the suit, proceeding or action 
is instituted and no further charge shall be 
made, except as provided in §§36.19-36.21 by 
the county judge or his successors in office, and 
the payment of said fees shall be a condition 
precedent to the institution of the suit or pro- 
ceeding and the issuance of process. 

History.— §§1-3, ch. 25070, 1949. 

36.20 Fee in criminal action. — 

(1) The county judge of every county hav- 
ing a county judge's court in the state, shall be 
paid as fees for all services to be performed by 
him in any criminal action or proceeding in 
said county, in lieu of all other fees heretofore 
charged, except as hereinafter provided, the 
sum of seven dollars and fifty cents. 

(2) The criminal fees provided by §§36.19- 



36.21 shall be considered as earned by the 
county judge upon the entry of final judgment 
order therein, in the county judge's court, and 
no further charge shall be made, except as pro- 
vided in §§36.19-36.21, by the county judge or 
his successors in office. 

History.— §§4, 5, ch. 25070, 1949. 

36.21 Construction. — 

(1) Nothing in §§36.19-36.21 shall be con- 
strued as applying to the fees of the county 
judge for preparing or verifying transcripts of 
record in appellate proceedings, or for furnish- 
ing certified copies of any record or paper. 

(2) Nothing in §§36.19-36.21 shall be con- 
strued as applying to the fees of the county 
judge in matters of probate, wills and adminis- 
tration, guardianship, or to the fees for the 
issuance of search warrants or the holding of 
inquests of the dead. 

(3) Sections 36.19-36.21 shall only apply to 
county judges' courts but shall not apply to 
county courts or criminal courts of record. 

(4) Sections 36.19-36.21 shall not apply to 
any suit, proceeding or criminal action pending 
on the day it goes into effect. 

History.— §§6-9, ch. 25070, 1949. 






Ch. 37 



JUSTICE OF THE PEACE COURTS 



Ch. 37 



CHAPTER 37 
JUSTICE OF THE PEACE COURTS 



37.01 


Justice of the peace, jurisdiction. 


37.14 


37.011 Justice of the peace courts; jurisdiction. 


37.15 


37.02 


Justice of the peace, no jurisdiction. 


37.16 


37.03 


Justice of the peace, committing magis- 


37.17 




trate. 


37.18 


37.05 


Districts, evidence of. 


37.19 


37.06 


Districts, enlargement of. 




37.07 


Districts, alteration of. 


37.20 


37.08 


General provisions respecting. 


37.21 


37.09 


Oaths. 


37.22 


37.10 


Bond, in small counties. 


37.23 


37.11 


Bond, in large counties. 


37.24 


37.12 


Seal. 




37.13 


Terms. 





37.01 Justice of the peace, jurisdiction. — 

Each justice of the peace in this state shall 
have: 

(1) Jurisdiction in cases at law in which 
the demand or value of the property involved 
does not exceed one hundred dollars and in 
which the cause of action accrued or the de- 
fendant resides in his district, including: 

(a) In actions arising on contracts for the 
recovery of money only, where the sum de- 
manded does not exceed one hundred dollars. 

(b) In actions for damages for injury to 
rights pertaining to the person, or to personal 
or real property, when the damages claimed do 
not exceed one hundred dollars. 

(c) In actions for penalties not exceeding 
one hundred dollars. 

(d) In actions upon bonds conditioned for 
the payment of money not exceeding one hun- 
dred dollars, though the penalty exceeds that 
sum, the judgment to be given for the sum 
actually due. When payments are to be made 
by installments, an action may be brought for 
each installment as it becomes due, when the 
installments do not exceed one hundred dollars 
each. 

(e) In actions upon judgments rendered in 
courts of justices of the peace or by justices or 
other inferior courts in cities; but no such ac- 
tion shall be brought in the same county within 
five years after the rendition of the judgment, 
except where the docket or record of such judg- 
ment shall be lost or destroyed. 

(f) To take and enter judgment on the con- 
fession of the defendant, when the amount con- 
fessed does not exceed one hundred dollars, ex- 
clusive of costs. 

(g) In actions for damages for fraud on 
sale, purchase or exchange of personal prop- 
erty, where the damages claimed do not exceed 
one hundred dollars. 

(h) Of proceedings in attachment, garnish- 
ment, replevin, enforcement of liens and dis- 
tress for rent, when the amount of property in- 
volved does not exceed in value one hundred 
dollars. The proceedings in all such cases shall 
be as provided by law. 

(i) To foreclose mortgages and enforce 
liens on personal property, where the debt se- 
cured does not exceed one hundred dollars. 



Written notice to be given. 
Docket. 

Executive officer. 
Constables, bond. 
Constables, duties. 

Constables, resignation, death and re- 
moval. 
Constables, fees. 

Justice may bind over to keep the peace. 
Disqualification. 
Subpoena, oaths. 

Justice of the peace; criminal jurisdic- 
tion in certain counties. 



(2) Jurisdiction, in counties having a popu- 
lation of over fifty thousand according to the 
last preceding state census and no county court 
or criminal court of record, to try and deter- 
mine all misdemeanors committed in their re- 
spective districts punishable by fine not exceed- 
ing five hundred dollars or by imprisonment 
not exceeding six months. 

(3) Jurisdiction, in counties having a popu- 
lation of over fifty thousand according to the 
last preceding state census and a county court, 
to try and determine all misdemeanors com- 
mitted in their respective districts punishable 
by fine not exceeding one hundred dollars or by 
imprisonment not exceeding three months. 

(4) Jurisdiction, in counties having a popu- 
lation of not less than thirty thousand and not 
more than forty-five thousand according to the 
last preceding state census and a county court, 
to try and determine all misdemeanors com- 
mitted in their respective districts punishable 
by fine not exceeding one hundred dollars or by 
imprisonment not exceeding three months. 

(5) After July 1, 1953, each justice of peace, 
in counties of this state having a population 
of not less than twenty-three thousand six hun- 
dred twenty-five and not more than twenty-four 
thousand five hundred inhabitants according to 
the latest official census, who holds his court a 
distance of thirty-five or more miles from the 
county seat, shall have jurisdiction to try and 
determine all misdemeanors committed in their 
respective districts punishable by fine not ex- 
ceeding five hundred dollars or by imprison- 
ment not exceeding six months or both; pro- 
vided, however, that after July 1, 1953, no jus- 
tice of peace shall change his place of holding 
court with intent to bring his court within the 
purview of this subsection. 

History.— §1, ch. 2095, 1877; 81, ch. 3588, 1885; BS 1608: 
2840; §1, ch. 4729, 1899; GS 2073, 3898; §1, ch. 6218, 1911: 
EGS 3364, 5995, 5996; CGL 5217, 8289, 8209; §§1-3, ch. 18002. 
1937; §1, ch. 26342, 1949; (l)(d) §10, ch. 27991, 1953; (5) n. §1, 
Ch. 28320, 1953. 
CI.— §775.06, Alternative punishment. 

§37.24, Jurisdiction In counties having a criminal court 

of record. 
§38.22 Contempts, punishment. 

37.011 Justice of the peace courts; jurisdic- 
tion. — In all counties in the state having a pop- 
ulation of more than four hundred thousand 
inhabitants according to the latest official state- 



Ch. 37 



JUSTICE OF THE PEACE COURTS 



Ch. 37 



wide decennial census, every justice of the 
peace court shall have concurrent jurisdiction 
in all cases at law relating to landlord and 
tenant, wherein the matter in controversy does 
not exceed, exclusive of interest and cost, the 
sum of one hundred dollars. 

History.— §1, ch. 59-284. 

37.02 Justice of the peace, no jurisdiction. — ■ 

No justice of the peace shall have jurisdiction 
of civil actions: 

(1) In which the state is a party, except for 
penalties not exceeding one hundred dollars. 

(2) Where the title to or boundaries of real 
estate shall come into question. If it appear on 
the trial that title to or boundary of real estate 
is in question, and such title or boundary shall 
be disputed by the defendant, the justice shall 
dismiss the action and render judgment against 
the plaintiff for the costs. 

(3) For false imprisonment, libel, slander, 
malicious prosecution, criminal conversation or 
seduction. 

History.— §2, ch. 2095, 1887; BS 1611; CSS 2076; BOS 3366; 
COL 6219. 

37.03 Justice of the peace, committing mag- 
istrate. — Each justice of the peace may issue 
process for the arrest of all persons charged 
with felonies and misdemeanors not within 
their jurisdiction to try, and make the same 
returnable before himself or the county judge 
for examination, discharge, commitment or bail 
of the accused. Said justice of the peace may 
also hold inquests of the dead. 

History.— §11, Art. V, Florida constitution. 
cf. — §§902.01-902.19, Preliminary examination In criminal cases. 

37.05 Districts, evidence of. — The bound- 
aries or limits of the said justice districts, so 
laid off and established, shall be spread upon 
the minutes of the county commissioners, and 
such minutes shall be conclusive evidence 
thereof. 

History.— §3, ch. 3722, 1887; BS 1603; OS 2067; BGS 3358; 
COL 6211. 

37.06 Districts, enlargement of. — In all 

counties where there shall be any justice of the 
peace district in and for which no justice of 
the peace shall be elected, qualified or commis- 
sioned, the county commissioners of such 
county shall attach the territory of such justice 
of the peace district to the territory of some 
adjacent justice of the peace district which has 
a justice of the peace, and make it a part 
thereof by an order to be recorded in the min- 
utes of the proceedings of such county com- 
missioners, which territory shall thereafter, un- 
less otherwise ordered by the board of county 
commissioners, be considered as part of the 
justice's district to which it has been attached ; 
a copy of which order shall be posted at the 
court house of the county. 

History.— §1604 BS 1892; §1, ch. 3893, 1899; GS 2068; 
BGS 3359; CGL 5212. 

37.07 Districts, alteration of. — If any new 
district be made, so that the boundaries of a 
district or districts existing at the time shall be 



abolished, or if any district shall be abolished, 
the county commissioners, at the time of such 
abolition or obliteration, shall designate the 
district in which shall preside the justice who 
shall be successor to the justice presiding in 
the obliterated or abolished district or districts. 

History.— §1605 BS 1892; GS 2069; BGS 3360; CGL 5213. 

37.08 General provisions respecting. — All 

the provisions of law which can be applied to 
courts of justices of the peace, or to any pro- 
ceeding therein, or to any officer thereof, shall 
be applicable thereto in all cases except when 
they are expressly or impliedly restricted to 
courts other than justice of the peace courts, 
and except when they are inconsistent with the 
provisions of this chapter. 

History.— §1598 BS 1892; GS 2062; BGS 3353; CGL 5206. 

37.09 Oaths.-— Each and every justice of the 
peace shall, before he enters upon the duties 
of his office, take and subscribe an oath to faith- 
fully perform the duties of his office, and shall 
file the same with the clerk of the circuit court. 

History.— §6, NOT. 28, 1828; BS 1599; GS 2063; RGS 3354; 
CGL 5207. 

37.10 Bond, in small counties. — Each justice 
of the peace in counties having a population of 
one hundred fifty thousand or less according to 
the last preceding state census, shall give bond 
in the sum of five hundred dollars, which shall 
be governed by the provisions governing bonds 
to be given by the clerk of the circuit court. 

History. — §8, ch. 3724, 1887; RS 1600; GS 2064; BGS 
3355; CGL 5208; §1, ch. 20719, 1941. 
cf.— §§28.01 to 28.05, Bond of circuit court clerk. 

37.11 Bond, in large counties. — In each 
county in the state, having a population in ex- 
cess of one hundred fifty thousand according to 
the last preceding state census, the justice of 
the peace, before being commissioned, shall 
give bond in a penalty which shall not be less 
than five hundred dollars, nor more than 
twenty-five hundred dollars, to be fixed by the 
board of county commissioners of his county, 
payable to the governor of the state and his 
successors in office, with two or more good and 
sufficient sureties to be approved by the board 
of county commissioners and the comptroller, 
and to be filed with the secretary of state, 
which bond shall be conditioned upon the faith- 
ful discharge of the duties of his office. Each 
surety upon such bond may bind himself for a 
specified sum, but the aggregate amount for 
which the sureties shall bind themselves shall 
not be less than the full penalty of the bond. 
Each surety upon such bond shall make affida- 
vit that he is a resident of the county for which 
the respective officer is to be commissioned and 
that he has sufficient visible property therein, 
unencumbered and not exempt from sale under 
legal process, to make good his bond. The above 
provisions as to number of sureties, affidavit of 
residence and justification of same, shall not 
apply to solvent surety companies authorized 
to do business and execute official bonds in this 
state. 

History.— §§1-4, ch. 17754, 1937; CGL 5208(1). 



Ch. 37 



JUSTICE OF THE PEACE COURTS 



Ch. 37 



37.12 Seal — Each justice of the peace shall 
provide himself with a seal, upon which shall 
be impressed around the margin the words, 

"State of Florida, County," and 

in the center "(Number) Justice's District," 
and it shall have nothing else thereon. 

History.— §1601 BS 1892; RGS 3356; CGL 5208. 

37.13 Terms. — Trial terms of justice of the 
peace courts shall be held on such day as the 
judge or justice thereof shall designate there- 
for in the manner provided in §37.14. 

History.— §1606 BS 1892; §2, ch. 1438, 1805; OS 2070; EGS 
3361; CGL 6214. 

37.14 Written notice to be given. — Whenever 
the day of trial term shall be fixed upon for 
any justice of the peace court by the judge or 
justice thereof, written notice of the same shall 
be made and given by such judge or justice to 
(and filed in the office of) the clerk of the 
circuit court of the county. 

History.— §1607 RS 1802; {3, ch. 1438, 1895; GS 2071; RGS 
3362; CGL 6215. 

37.15 Docket. — Every justice of the peace 
shall keep a docket book, in which he shall 
make fair and accurate entries of all causes 
brought before him, and a minute of all the 
proceedings, including the service and return 
of process, the appearance of such parties as 
may appear, the fact of trial, whether by the 
court or jury, the verdict of the jury or finding 
by the justice, the judgment, including dam- 
ages and costs separately stated, the issuing of 
execution and to whom issued, with the date 
thereof and the return thereon, and a marginal 
memorandum of the items of all costs, including 
justice's fee, sheriff's or constable's fees, and 
witnesses' fees ; which docket, or certified copy 
thereof, shall be evidence of the matters 
therein stated. 

History.— §13, ch. 2040, 1875; BS 1608; BGS 3363; CGL 
6216. 
cf. — 181.31, Turning over docket to successor. 

37.16 Executive officer. — The sheriff or any 
constable of the county shall be the executive 
officer of the courts of justice of the peace but 
if the sheriff or constable shall, for any reason, 
be disqualified or unable to act, the justice of 
the peace may appoint any individual, not in- 
terested in the case on trial, to serve process 
and to perform all duties of such executive 
officer. Any constable of the county in which 
the process issued may serve the process of the 
county judge's court and justice of the peace 
courts in any district of said county where the 
same may be lawfully served, provided he shall 
not be entitled to greater mileage in any case 
in serving writs from courts of justice of the 
peace than he would be if the writ issued from 
such court in the district in which such con- 
stable resides and for which he was elected. 

History.— §41, Nov. 12. 1828; (32, ch. 2093, 1877; BS 
1259, 2846; {1, ch. 4384, 1895; |1, ch. 4989, 1901; GS 1687, 
3902; BGS 2897, 3368; CGL 4595, 6221. 

37.17 Constables, b o n d. — Every constable 
shall give bond in the sum of five hundred dol- 
lars, which shall be governed by the provisions 



governing bond to be given by the clerk of the 
circuit court. 

History.— §§1, 8, ch. 3724, 1887; BS 1257; GS 1685; BOS 
2895; CGL 4593. 
cf. — §§28.01 to 28.06, Bond of clerk of circuit court. 

37.18 Constables, duties. — Constables in the 
several counties shall serve all summonses and 
warrants, and levy ail executions placed in 
their hands, agreeably to the tenor thereof, and 
make due returns of the same to the court to 
which they may be made returnable; and if any 
constable shall fail to pay over money collected 
by him on any execution or other process to the 
person entitled to receive the same on demand, 
he shall be liable to a penalty of twenty-five 
per cent upon the amount so collected for such 
failure; and it shall be the duty of the court 
issuing such execution or other process, upon 
application of the plaintiff, upon his making it 
appear that said constable has received the 
amount of said execution or other process, or 
any part thereof, and has failed to pay over the 
same on demand, to issue an execution against 
said constable and his sureties for the same, 
together with the penalty herein prescribed; 
which execution shall be levied, and the money 
raised by some other constable of the county, 
out of the property of said defaulting constable 
and his sureties. 

History.— §42, Nov. 21, 1828; BS 1258; GS 1686; BGS 2896; 
CGL 4594. 

37.19 Constables, resignation, death and re- 
moval. — Whenever any constable resigns or is 
removed from office, he shall deposit all papers 
and unfinished business in the court to which 
the same is made returnable; and if any con- 
stable going out of office shall fail to deposit his 
papers and unfinished business as aforesaid, he 
and his sureties shall be liable to the action of 
any person injured by such failure ; and if any 
constable shall die, his executor or administra- 
tor shall deposit his papers as aforesaid, and 
the court in which the said papers and unfin- 
ished business are deposited shall cause the 
same to be acted upon. 

History.— $49, Nov. 21, 1828; BS 1260; GS 1688; BGS 
2808; CGL 4596. 

37.20 Constables, fees. — The fees of consta- 
bles shall be the same as are at this time 
allowed sheriffs for like service. 

History.— §4, ch. 3106, 1879; BS 1261; GS 1689; BGS 
2899; CGL 4597; §1, ch. 14673, 1931; {10, ch. 26484, 1951. 
cf. — §30.23 Fees of sheriffs and constables. 

37.21 Justice may bind over to keep the 
peace. — After an affidavit is made before any 
justice of the peace by any person that he has 
reason to believe, and does believe, that he will 
suffer personal violence at the hands of another, 
he shall issue his warrant for the arrest of the 
party against whom the affidavit has been 
made, commanding the officer into whose hands 
the warrant has been placed, to bring the said 
person against whom the warrant has issued be- 
fore him, and if, after a full and thorough ex- 
amination, he shall have reason to believe, from 
evidence produced before him, that there is just 
cause for said complaint, he shall bind the per- 
son so arrested over by bond, with two or more 



Ch. 37 



JUSTICE OP THE PEACE COURTS 



Ch. 37 



good and sufficient sureties, said bond to be 
approved by the justice, for one year, to keep 
the peace, and, upon failure of said person to 
give bond as aforesaid, he shall commit such 
person to jail until the required bond is given, 
but the said commitment shall not be for more 
than three months. 

History.— gl, ch. 3270, 1881; RS 2841; GS 3899; BOS 5997; 
CGL 8291. 
cf.— §§923.04-923.08, Forms of proceedings. 

37.22 Disqualification. — In case a justice of 
the peace be disqualified or unable from any 
cause to try any criminal case, the same may 
be tried before any other justice of the peace 
of the county, or before the county judge. 

History.— §2836 RS 1892; GS 3900; RGS S998; CGL 8292. 

37.23 Subpoena, oaths. — Any justice of the 
peace may issue subpoenas to compel the at- 
tendance of witnesses before any court held by 
a justice of the peace, and may administer all 
necessary oaths in proceedings before such 
court. 

History §2, ch. 1949, 1873; RS 2845; GS 3901; RGS 5999; 

CGL 8293. 

37.24 Justice of the peace; criminal juris- 
diction in certain counties. — 

(1) After the passage of this section, jus- 
tice of the peace courts located a distance of 
forty or more miles from the county seat in 
counties having a criminal court of record shall 
have power to hold a court to try and determine 
misdemeanor cases in which the penalty is not 
more than one hundred dollars fine or ninety 
days in jail, or both such fine and imprison- 
ment; provided, however, should the defendant, 
after having been duly advised of his constitu- 
tional rights, demand a trial by jury, then and 
in that event he, the defendant, shall be bound 
over to the criminal court of record, the county 
court, or the county judge's court as the case 
may be, and required to furnish good and suffi- 
cient bond to secure his appearance before such 
court; provided, further, that all defendants 
arraigned before such justice of the peace 



courts, who elect to waive jury trial or enter a 
plea of guilty, shall be required to sign a for- 
mal waiver certified to by the judge of said 
court, and the formal waiver so executed shall 
be filed as other papers in such trial. 

(2) Provided, further, that nothing in this 
section shall be construed as affecting the pres- 
ent powers of the various boards of county 
commissioners in changing boundaries, reduc- 
ing the number of districts of their respective 
counties or any other power now held by the 
boards of county commissioners under the con- 
stitution of the state. 

(3) Provided, that each justice of the peace 
coming within the purview of this section shall, 
within thirty days after June 14, 1943, appear 
before the clerk of the circuit court and make 
a certificate setting forth the exact distance by 
the nearest traveled route from the county seat 
to his place of holding court, to which the clerk 
of the circuit court shall certify, and for which 
the justice shall pay the clerk his legal fee. 
Provided, further, that no justice of the peace 
shall, after June 5, 1943, change his place of 
holding court with intent to bring his court 
within the purview of this section. 

(4) Nothing in this section shall be con- 
strued as affecting counties of the state in 
which justice of the peace courts now or here- 
after have trial jurisdiction of misdemeanors 
as provided by law. 

(5) Each justice of the peace coming within 
the provisions of this section shall procure from 
the clerk of the circuit court four certified 
copies of the certificate as provided in subsec- 
tion (3), and forthwith file one each with the 
following state officers: State auditor, attorney 
general, state comptroller, and the clerk of the 
supreme court of the state. 

(6) No justice of the peace shall exercise 
the powers vested in his court by the provisions 
of this section until he shall have complied with 
the requirements herein provided. 

History — §81-6, ch. 22118, 1943. 
cf.— $37.01 Jurisdiction generally. 






Ch. 38 



JUDGES 



Ch- 38 



CHAPTER 38 
JUDGES 



38.01 Disqualification when judge party; ef- 

fect of attempted judicial acts. 

38.02 Suggestion of disqualification; grounds; 

proceedings on suggestion and effect. 

38.03 Waiver of grounds of disqualification by 

parties. 

38.04 Sworn statement by judge holding him- 

self qualified. 

38.05 Disqualification of judge on own motion. 

38.06 Effect of acts where judge fails to dis- 

qualify himself. 

38.07 Effect of orders, etc., entered prior to 

disqualification ; petition for reconsid- 
eration. 

38.08 Effect of orders where petition for re- 

consideration not filed. 

38.09 Designation of judge to hear cause when 

order of disqualification entered. 

38.01 Disqualification when judge party; 
effect of attempted judicial acts. — Every judge 
of this state who appears of record as a party 
to any cause before him shall be disqualified to 
act therein, and shall forthwith enter an order 
declaring himself to be disqualified in said 
cause. Any and all attempted judicial acts by 
any judge so disqualified in a cause, whether 
done inadvertently or otherwise, shall be utterly 
null and void and of no effect. No judge shall 
be disqualified from sitting in the trial of any 
suit in which any county or municipal corpora- 
tion is a party by reason that such judge is 
a resident or taxpayer within such county or 
municipal corporation. 

History.— $2, ch. 16053, 1933; CGIi 1936 Supp. 4155(1); $1, ch. 
69-43. 

38.02 Suggestion of disqualification; 
grounds; proceedings on suggestion and effect. 

— In any cause in any of the courts of this 
state any party to said cause, or any person or 
corporation interested in the subject matter of 
such litigation, may at any time before final 
judgment, if the case be one at law, and at any 
time before final decree, if the case be one 
in chancery, show by a suggestion filed in the 
cause that the judge before whom the cause is 
pending, or some person related to said judge 
by consanguinity or affinity within the third de- 
gree, is a party thereto, or is interested in the 
result thereof, or that said judge is related to 
an attorney or counsellor of record in said 
cause by consanguinity or affinity within the 
third degree, or that said judge is a material 
witness for or against one of the parties to 
said cause, but such an order shall not be sub- 
ject to collateral attack. Such suggestions shall 
be filed in the cause within thirty days after 
the party filing the suggestion, or his attorney, 
or attorneys, of record, or either of them, 
learned of such disqualification, otherwise the 
ground, or grounds, of disqualification shall be 
taken and considered as waived. If the truth 
of any suggestion appear from the record in 
said cause, the said judge shall forthwith enter 
an order reciting the filing of the suggestion, 



38.10 Disqualification of judge for prejudice; 
application; affidavits; etc. 

38.12 Resignation, death or removal of judges; 

disposition of pending matters and 
papers. 

38.13 Judge ad litem; when may be selected in 

the circuit or county court. 

38.14 Voluntary retirement of circuit judges. 

38.15 Retirement of disabled judges. 

38.16 Retired judge prohibited from practicing 

law. 

38.17 Deductions from salary; election. 

38.18 Retirement, circuit judge; Duval county. 

38.19 Appropriation. 

38.22 Power to punish. 

38.23 Contempts defined. 



the grounds of his disqualification, and declar- 
ing himself to be disqualified in said cause. If 
the truth of any such suggestion does not ap- 
pear from the record in said cause, the judge 
may by order entered therein require the filing 
in the cause of affidavits touching the truth or 
falsity of such suggestion. If the judge finds 
that the suggestion is true, he shall forthwith 
enter an order reciting the ground of his dis- 
qualification and declaring himself disqualified 
in the cause; if he finds that the suggestion is 
false, he shall forthwith enter his order so re- 
citing and declaring himself to be qualified in 
the cause. Any such order declaring a judge to 
be disqualified shall not be subject to collateral 
attack nor shall it be subject to review. Any 
such order declaring a judge qualified shall 
not be subject to collateral attack but shall be 
subject to review by the court having appellate 
jurisdiction of the cause in connection with 
which the order was entered. 

History.— J3, ch. 16053, 1933; COL 1936 Supp. 4155(2); {1, 
ch. 26890, 1951; {6, ch.. 63-559. 

38.03 Waiver of grounds of disqualification 
by parties. — The parties to any cause, or their 
attorneys of record, may, by written stipulation 
filed in the cause, waive any of the grounds of 
disqualification named in §38.02 and such 
waiver shall be valid and binding as to orders 
previously entered as well as to future acts of 
the judge therein; provided, however, that 
nothing herein shall prevent a judge from dis- 
qualifying himself of his own motion under 
§38.05. 

History.— 84, ch. 16053, 1933; CGL 1936 Supp. 4155(3). 

38.04 Sworn statement by judge holding 
himself qualified. — Whenever any judge shall 
enter an order under §38.02 declaring himself 
qualified to act in said cause, he shall con- 
temporaneously therewith file therein a sworn 
statement that to the best of his knowledge and 
belief the ground or grounds of the disqualifi- 
cation named in the suggestion do not exist. 

History.— §5, ch. 16053, 1933; CGL 1936 Supp. 4165(4). 



Ch. 38 



JUDGES 



Ch. 38 



38.05 Disqualification of judge on own mo- 
tion. — Any judge may of his own motion dis- 
qualify himself where, to his own knowledge, 
any of the grounds for a suggestion of dis- 
qualification, as named in §38.02, exist. The 
failure of a judge to so disqualify himself un- 
der this section shall not be assignable as error 
or subject to review. 

History— 16, ch. 16053, 1933; CGL 1936 Supp. 4155(5); §6, 
Ch. 63-559. 

38.06 Effect of acts where judge fails to 
disqualify himself. — In any cause where the 
grounds for a suggestion of disqualification, as 
set forth in §38.02, appear of record in the 
cause, but no suggestion of disqualification is 
filed therein, the orders, judgments and decrees 
entered therein by the judge shall be valid. 
Where, on a suggestion of disqualification the 
judge enters an order declaring himself quali- 
fied, the orders, judgments and decrees entered 
therein by the said judge shall not be void and 
shall not be subject to collateral attack. 

History — §7, ch. 16053, 1933; CGL 1936 Supp. 4155(6). 
cf. — §58.05(2) Cost; prohibition against unlawful exaction. 

38.07 Effect of orders, etc., entered prior to 
disqualification; petition for reconsideration. — 

Where orders have been entered in any cause by 
a judge prior to the entry of any order of dis- 
qualification under §38.02 or §38.05, any party 
to the cause may, within thirty days after the 
filing in the cause of the order of the chief jus- 
tice of the supreme court, as provided for in 
§38.09, petition the judge so designated by said 
chief justice for a reconsideration of the orders 
entered by the disqualified judge prior to the 
date of the entry of the order of disqualifica- 
tion. Such a petition shall set forth with partic- 
ularity the matters of law or fact to be relied 
upon as grounds for the modification or vaca- 
tion of the said orders. Such a petition shall be 
granted as a matter of right. Upon the granting 
of the petition, notice of the time and place of 
the hearing thereon, together with a copy of the 
petition, shall be mailed by the attorney, or at- 
torneys, of record for the petitioners to the 
other attorney, or attorneys of record, or to the 
party or parties if they have no attorneys of 
record. This notice shall be mailed at least eight 
days prior to the date fixed by the judge for the 
said hearing. The judge before whom the cause 
is then pending may, after hearing had, affirm, 
approve, confirm, re-enter, modify or vacate 
said orders. 

History.— §8, ch. 16053, 1933; CGL 1936 Supp. 4155(7); §10, 
ch. 63-572. 

38.08 Effect of orders where petition for re- 
consideration not filed. — If no petition for 
reconsideration is filed, as provided for in 
§38.07, all orders entered by the disqualified 
judge prior to the entry of the order of disquali- 
fication shall be as binding and valid as if said 
orders had been duly entered by a qualified 
judge authorized to act in the cause. The fact 
that an order was entered by a judge who is 
subsequently disqualified under §§38.02 or 38.05, 
shall not be assignable as error or subject to 



review by the appropriate appellate court unless 
a petition for reconsideration as provided for 
in §38.07, was filed by the party urging the 
matter as error, and the judge before whom the 
cause was then pending refused to vacate or 
modify said order. 

History.— §9, ch. 16053, 1933; CGL 1936 Supp. 4155(8); §6, ch. 
63-559. 

38.09 Designation of judge to hear cause 
when order of disqualification entered. — Every 
judge of this state shall upon the entry of an 
order of disqualification advise the chief justice 
of the supreme court of the entry of said order 
who shall enter an order of assignment as pro- 
vided by the Florida appellate rules and 
§25.071. In the event any judge shall be dis- 
qualified as herein provided, upon application 
for any temporary writ of injuction or habeas 
corpus, he shall immediately enter an order of 
disqualification, whereupon said cause may be 
presented to any other judge of a court of the 
same jurisdiction as the court in which said 
cause is pending, and it shall be the duty of 
any such judge to hear and determine such 
matters until such substitute judge is so 
designated. 

History.— §10, ch. 16053, 1933; CGL 1936 Supp. 4155(9); §11, 
Ch. 63-572. 

38.10 Disqualification of judge for prej- 
udice; application; affidavits; etc. — Whenever 
a party to any action or proceeding, shall make 
and file an affidavit that he fears that he will 
not receive a fair trial in the court where the 
suit is pending on account of the prejudice of 
the judge of said court against the applicant, 
or in favor of the adverse party, such judge 
shall proceed no further therein, but another 
judge shall be designated in the manner pre- 
scribed by the laws of this state for the substi- 
tution of judges for the trial of causes where 
the presiding judge is disqualified. Every such 
affidavit shall state the facts and the reasons 
for the belief that any such bias or prejudice 
exists, and such affidavit shall be filed not less 
than ten days before the beginning of the term 
of court, or good cause shown for the failure 
to so file same within such time. Any such 
affidavit so filed shall be accompanied by a cer- 
tificate of counsel of record that such affidavit 
and application are made in good faith, and the 
facts stated as a basis for making the said 
affidavit shall be supported in substance by 
affidavit of at least two reputable citizens of 
the county not of kin to defendant or counsel 
for the defendant; provided, however, that 
when any party to any action shall have sug- 
gested the disqualification of a trial judge 
and an order shall have been made admitting 
the disqualification of such judge and another 
judge shall have been assigned and transferred 
to act in lieu of the judge so held to be dis- 
qualified the judge so assigned and transferred 
shall not be disqualified on account of alleged 
prejudice against the party making the sug- 
gestion in the first instance, or in favor of 
the adverse party, unless such judge shall ad- 
mit and hold that it is then a fact that he, 
the said judge, does not stand fair and impar- 



Ch. 38 



JUDGES 



Ch. 38 



tial between the parties, and if such judge 
shall hold, rule and adjudge that he does 
stand fair and impartial as between the parties 
and their respective interests he shall cause 
such ruling to be entered on the minutes of 
the court and shall proceed to preside as judge 
in the pending cause. The ruling of such judge 
may be assigned as error, and be reviewed as 
are other rulings of the trial court. 

History.— §4, ch. 7853, 1919; RGS 2674; §1, ch. 9276, 1923; 
CGL 4341. 
cf.-t9U.01, Criminal cases, change of judge for prejudice. 

38.12 Resignation, death or removal of 
judges; disposition of pending matters and 
papers. — Upon the resignation, death or im- 
peachment of any judge, all matters pending 
before him shall be heard and determined by 
his successor, and parties making any motion 
before such judge shall suffer no detriment 
by reason of his resignation, death or im- 
peachment. All judges, other than justices of 
the peace, upon resignation or impeachment 
shall file all papers pending before them with 
the clerk of the court in which the cause is 
pending; and the executor or administrator 
of any judge who dies pending any matter 
before him, shall file all papers found among 
the papers of his intestate or testate with the 
said clerk. 

History.— 1|1, 2, ch. 3007, 1877; RS 971, 972; GS 1341, 1342; 
BGS 2529, 2530; CGL 4156, 4157. 

38.13 Judge ad litem; when may be selected 
in the circuit or county court. — When from any 
cause, the judge of a circuit or county court 
is disqualified from presiding in any civil 
case, the parties may agree upon an attorney- 
at-law, which agreement shall be entered upon 
the record of said cause, who shall be judge 
ad litem, and shall preside over the trial of, 
and make orders in said case, as if he were 
the judge of the court. 

Nothing in this section shall prevent the 
parties from transferring the cause to an- 
other circuit or county court, as the case may 
be, or they may have the case submitted to 
a referee. 

History.— §1, ch. 3713, 1887; ES 974; GS 1344; BGS 2533; 
CGL 4160; |7, ch. 22858, 1945. 

38.14 Voluntary retirement of circuit judges. 

— Whenever any circuit judge has elected to 
take the benefits of this law in accordance with 
the terms hereof, and has served as such judge 
for twelve years or more or who is serving the 
twelfth continuous year as such judge, continu- 
ously or otherwise, and has attained the age of 
sixty years or more, or has served as such judge 
for twenty years or more, continuously or other- 
wise, such judge may voluntarily resign and re- 
tire from his office, and upon such retirement he 
shall be paid, during the remainder of his nat- 
ural life, on his own monthly requisition, from 
the circuit judges' retirement trust fund herein- 
after established, two-thirds of the compensa- 
tion being paid to such judge at the time of his 
resignation and retirement; and there is hereby 
appropriated annually out of said circuit judges' 



retirement trust fund sufficient money to meet 
the requirements of this section. 

History.— § §1, 3, ch. 19000, 1939; CGL 1940 Supp. 4779 (1), 
4779(3); |7, ch. 22000, 1943; §2, ch. 61-119. 
cf.— §125.101, 25.112, 25.122, 25.131 and 25.141. 

Ch. 123, Retirement system of Justices and Judges of 
higher courts, 

38.15 Retirement of disabled judges. — 

(1) Whenever any circuit judge has elected 
to take the benefits of this law in accordance 
with the terms hereof and has served as such 
circuit judge for ten years or more, continuous- 
ly or otherwise, and shall, while holding such 
office, become totally and permanently disabled, 
physically or mentally, or both, from further 
rendering useful and efficient service as such 
judge, such judge may voluntarily resign and 
retire from his office, and upon such retirement 
he shall be paid, during the remainder of his 
natural life, on his own monthly requisition, 
from the circuit judges' retirement trust fund 
hereinafter established one-half of the compen- 
sation being paid to such judge at the time of 
his resignation and retirement; and there is 
hereby appropriated annually out of said cir- 
cuit judges' retirement trust fund sufficient 
money to meet the requirements of this section. 

(2) No such judge shall be permitted to re- 
tire and resign under the provisions of this sec- 
tion until examined by a duly qualified physi- 
cian or surgeon, or board of physicians or sur- 
geons, to be selected by the governor for that 
purpose, and found to be disabled in the de- 
gree and in the manner specified herein. 

History.— 12, ch. 19000, 1939; CQL 1940 Supp. 4779(2); S7, 
ch. 22000, 1943; (l)a. |2, ch. 61-119. 

38.16 Retired judge prohibited from prac- 
ticing law. — No judge drawing retirement com- 
pensation as provided in this charter shall 
engage in the practice of law. 

History.— 14, ch. 19000, 1939; CGL 1940 Supp. 4779(4). 

38.17 Deductions from salary; election. — 

Two per cent shall be deducted from each 
installment of the salary of each circuit judge 
heretofore electing to come under the retire- 
ment provision of chapter 19000, acts of 1939, 
as provided in §5 thereof, and said amount so 
deducted shall be deposited in the special fund 
established in the state treasury, which is 
and shall be known as the "Circuit judges' 
retirement trust fund." Any person who may 
hereafter qualify as circuit judge shall be en- 
titled to the benefits of these retirement pro- 
visions upon giving notice to the state comp- 
troller and the state treasurer within ninety 
days after taking office, and, after the giving 
of such notice, so long as such circuit judge 
shall hold office, two per cent shall be deducted 
from each installment of salary of such cir- 
cuit judge and the said amount so deducted 
shall be deposited into said circuit judges' re- 
tirement trust fund. The word "salary" shall be 
deemed to mean the total salary received by 
any circuit judge including therein all amounts 
paid by any county of this state. 

History— 15, ch. 19000, 1939; CGL 1940 Supp. 4779(5); |2, 
Ch. 61-119. 



Ch. 38 



JUDGES 



Ch. 38 



38.18 Retirement, circuit judge; Duval coun- 
ty. — Two per cent shall be deducted from each 
installment of salary of the judge of the circuit 
court of Duval county, holding office pursuant 
to the provisions of §26(8) of Art. V of the con- 
stitution of Florida, provided said judge has 
heretofore taken advantage of the provisions of 
chapter 19000, acts 1939, as provided in §6 there- 
of, and said amount so deducted shall be deposited 
in the aforesaid circuit judges' retirement trust 
fund. Any person who may hereafter qualify as 
circuit judge pursuant to the provisions of §26 
(8) of Art. V of the constitution of Florida shall 
be entitled to the benefits of these retirement 
provisions upon giving notice, each and sev- 
erally, to the state comptroller, the state 
treasurer, the chairman of the board of county 
commissioners of Duval county and the clerk 
of the circuit court in and for Duval county 
within ninety days after taking office, and 
after the giving of such notice, so long as 
such circuit judge shall hold office, two per 
cent shall be deducted from each installment 
of salary of said circuit judge, and said 
amount so deducted shall be deposited into 
the circuit judges' retirement trust fund. 

History.— §6, ch. 19000, 1930; CGL 1940 Supp. 4779(6); §2, 
ch. 61-119. 

38.19 Appropriation. — There is hereby ap- 
propriated annually and shall be paid into 



said circuit judges retirement trust fund out of 
any funds in the state treasury, not otherwise 
appropriated, sufficient moneys to meet the re- 
quirements of these retirement provisions, 
taking into account the sum paid into the 
circuit judges retirement trust fund aforesaid. 

History.— §7, ch. 19000, 1939; CGL 1940 Supp. 4779(7); §2, 
Ch. 61-119. 

38.22 Power to punish. — Every court may 
punish contempts against it whether such con- 
tempts be direct, indirect, or constructive, and 
in any such proceeding the court shall proceed 
to hear and determine all questions of law and 
fact, but the punishment imposed by a justice 
of the peace shall not exceed twenty dollars 
fine, or twenty-four hours' imprisonment. 

History.— II, Nov. 23, 1828; RS 975; GS 1345; EGS 2534; 
CGL 4161; |1, ch. 23004, 1945. 

38.23 Contempts denned. — A refusal to obey 
any legal order, mandate or decree, made or 
given by any judge either in term time or in 
vacation relative to any of the business of 
said court, after due notice thereof, shall be 
considered a contempt, and punished accord- 
ingly. But nothing said or written, or pub- 
lished, in vacation, to or of any judge, or of 
any decision made by a judge, shall in any 
case be construed to be a contempt. 

History.— 52, Not. 23, 1828; RS 876; OS 1346; RGS 2535; 





















Ch. 39 



JUVENILE COURTS 



Ch. 39 



CHAPTER 39 
JUVENILE COURTS 



39.01 


Definitions. 


39.16 


39.02 


Jurisdiction. 




39.03 


Taking a child into custody; detention. 


39.17 


39.04 


Investigation. 




39.05 


Petition. 


39.18 


39.06 


Process and service. 




39.07 


No answer required. 




39.08 


Medical, psychiatric, and psychological 


39.181 




examination and treatment. 


39.19 


39.09 


Hearing. 


39.20 


39.10 


Adjudication. 


39.25 


39.11 


Powers with reference to dependent or 
delinquent children. 




39.12 


Seal; records; privileged information. 


39.26 


39.13 


Contempt. 


39.27 


39.14 


Appeal. 


39.28 


39.15 


Qualifications, selection, and term of 


39.29 




office of judges of separate juvenile 


39.30 




courts. 





39.01 Definitions. — When used in this chap- 
ter: 

(1) "Juvenile court" means any court the 
name of which includes the word "juvenile", 
heretofore or hereafter established in any 
county or in any district consisting of two or 
more counties, and the county judge's court 
in every county in which no separate juvenile 
court is established either for that county or 
for a district including that county within its 
limits. If any separate juvenile court is here- 
after established, each county judge's court in 
the county or district wherein the separate 
juvenile court is established shall cease to be 
a juvenile court, and if any separate juvenile 
court heretofore or hereafter established shall 
be abolished, each county judge's court within 
the county or district wherein the separate 
juvenile court was established shall become a 
juvenile court. 

(2) "Separate juvenile court" means a ju- 
venile court other than one presided over by 
a county judge acting as juvenile court judge. 

(3) "Judge" means the judge of the juve- 
nile court, unless the context shows that the 
judge of another court is meant. 

(4) "Counselor" means the counselor of the 
juvenile court. 

(5) "Assistant counselor" means an assist- 
ant counselor of the juvenile court. 

(6) "Child" means any married or unmar- 
ried person under the age of seventeen years, 
or any person who is charged with a violation 
of law occurring prior to the time that person 
reached the age of seventeen years. 

(7) "Adult" means a person other than a 
child. 

(8) "Parent" means the father or mother 
of a child or the natural mother but not the 
natural father of an illegitimate child. If a 
child has been legally adopted, the term "par- 
ent" means the adoptive rather than the nat- 
ural mother or father. 

(9) "Legal custodian" means the legal 
guardian of a child, or the person who stands 



39.31 



Qualifications, selection and tenure of 
personnel other than judges. 

Duties of counselor, assistant counselors, 
and other employees. 

Appropriation for juvenile court ex- 
penses; compensation of judge and 
counselor. 

Laws not affected. 

Court and witness fees. 

Purpose. 

Interstate compact on juveniles; imple- 
menting legislation; legislative find- 
ings and policy. 

Execution of compact. 

Juvenile compact administrator. 

Supplementary agreements. 

Financial arrangements. 

Responsibilities of state departments, 
agencies and officers. 

Additional procedures not precluded. 



in loco parentis to and has the custody of a 
child. 

(10) "Dependent child" means a child who, 
for any reason, is destitute, homeless, depend- 
ent upon the public for support, or has not 
proper parental support, maintenance, care, 
or guardianship; or who is neglected as to 
proper or necessary support or education as 
required by law, or as to medical, psychiatric, 
psychological or other care necessary for the 
well-being of the child; or who is abandoned 
by the child's parent or other custodian; or 
whose condition or environment are such as 
to injure or endanger the welfare of the child 
or the welfare of others; or whose home, by 
reason of neglect, cruelty or depravity, or 
other adverse condition, on the part of the 
parents, legal custodians, guardian or other 
person in whose care the child may be, is 
an unfit place for the child. 

(11) "Delinquent child" means a child who 
commits a violation of law, regardless of where 
the violation occurred; or is incorrigible; or 
is a persistent truant from school; or who is 
beyond the control of the child's parent or 
other legal custodian; or who associates with 
criminals, reputed criminals, or vicious or 
immoral persons; or is growing up in idle- 
ness or crime; or whose occupation, behavior, 
or associations are such as to injure or en- 
danger the welfare of the child or the wel- 
fare of others; or who is found in a place 
predominantly used for selling intoxicating 
drinks for consumption on the premises. 

(12) "Violation of law" means violation of 
any law of the United States, the state, or 
another state within the United States, or a 
city or town ordinance of a city or town 
within the United States. "Federal law" means 
a law of the United States. 

(13) "Licensed child caring institution" 
means a person, society, association, or insti- 
tution licensed by the state welfare board to 
care for, receive, or board children. 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



(14) "Licensed child placing agency" 
means a person, society, association, or insti- 
tution licensed by the state welfare board to 
care for, receive, or board children, and to 
place children in a licensed child caring insti- 
tution or a foster or adoptive home. 

(15) "County children's committee" means 
the county committee referred to in §417.03. 

(16) "Juvenile court merit board" means 
those members of the county children's com- 
mittee described as "a member of the district 
welfare board, a member of the board of county 
commissioners, the county school superinten- 
dent or a member of the county school board, 
and the director of the county health unit 
where one exists," and the county board of 
visitors referred to in §416.07. 

(17) "Florida Bar" means the Florida Bar 
referred to in the opinion of the supreme court 
integrating the Florida Bar, filed June 7, 1949, 
in re Petition of Florida State Bar Ass'n. et 
al., 40 So. (2d) 902, and in the rules of that 
court relating thereto approved and adopted 
on February 27, 1950, and March 4, 1950. 

(18) "Industrial school" means the Florida 
industrial school for boys or the state in- 
dustrial school for girls referred to in chap- 
ters 955 and 956, or any similar school the 
state may establish. 

(19) "Detention home" means the deten- 
tion room, house of detention, or detention 
home referred to in chapter 416, and such 
similar detention quarters for delinquent or 
dependent children as may have been or may 
hereafter be established under general laws 
or under special acts applying only to par- 
ticular counties. 

(20) "Juvenile court fund" means the sum 
appropriated for the expense of operating the 
juvenile court as set forth in this chapter. 

History.— 11, ch. 26880, 1951. 

39.02 Jurisdiction. — 

(1) The juvenile court shall have exclusive 
original jurisdiction of dependent and delin- 
quent children domiciled, living or found within 
the county or district in which the court is 
established. The juvenile court of the county 
or district in which the child is found shall 
assume jurisdiction of the child, which jurisdic- 
tion shall be exclusive unless the judge thereof, 
upon approval of the judge of the juvenile court 
of the county or district in which is located the 
domicile or usual residence of the child, shall 
transfer the case and child to the latter court, 
before or after hearing, in which event the 
latter court shall thereafter exercise exclusive 
jurisdiction; provided, however, if the judge 
shall find that any child brought into juvenile 
court who, if an adult, would be charged with 
violating a federal law, state law, or city 
ordinance relating to the operation or use of a 
motor vehicle, the judge may enter an order 
waiving jurisdiction and certifying the case to 
the court which would have jurisdiction of the 
child if the child were an adult, and thereafter 
the child shall be subject to the jurisdiction of 
the other court as if the child were an adult. 



(2) All proceedings against a child for 
alleged violation of law must be brought in 
the juvenile court, except as provided in sub- 
section (6) of this section. 

(3) If during the pendency of any criminal 
charge in any other court of the state of 
Florida or of any city or town therein, against 
any person presumed to be an adult, it shall 
be ascertained that the person is a child, or 
was a child at the time the offense was com- 
mitted, that court shall forthwith transfer the 
case, together with the physical custody of 
the child and all physical evidence, papers, 
documents, and testimony, original and dupli- 
cate, connected therewith, to the appropriate 
juvenile court; provided, that this shall not 
apply to any case certified to that court by 
the juvenile court judge as provided in sub- 
section (6) of this section. The juvenile court 
is exclusively authorized to assume jurisdiction 
over any delinquent child arrested and charged 
with violating a federal law or a law of the 
District of Columbia, who is found or living 
or domiciled in the county or district in which 
the juvenile court is established, when the 
child is surrendered to the juvenile court as 
provided in Title 18, U.S.C., section 5001. 

(4) The judge of the juvenile court shall 
have the jurisdiction of a committing magis- 
trate. 

(5) When jurisdiction of any child shall 
have been obtained, the court shall retain 
jurisdiction, unless relinquished by order, until 
the child reaches twenty-one years of age; 
provided, that this shall not prevent the ex- 
ercise of jurisdiction of any other court having 
jurisdiction in case the child, after becoming 
an adult, commits a violation of law. 

(6) If the judge deems that any child 
brought into juvenile court as a delinquent 
child, who is fourteen years of age or older, 
and who, if an adult, would be charged with 
a violation of Florida law constituting a felony, 
should be transferred to the court which 
would have jurisdiction of the child if the 
child were an adult, or if any child brought 
into juvenile court as a delinquent child, and 
who, if an adult, would be charged with a 
violation of the laws of Florida, so demands 
prior to or at the commencement of the hear- 
ing before the court, the judge shall enter an 
order waiving jurisdiction and certifying the 
case to the court which would have jurisdic- 
tion of the child if the child were an adult, 
and thereafter the child shall be subject to 
the jurisdiction of the other court as if the 
child were an adult; provided, that a child 
sixteen years of age or older who, if an adult, 
would be charged with a capital offense, shall 
be so transferred ; provided, further, that juris- 
diction over any child transferred under the 
provisions hereof shall revert to and be re- 
invested in the juvenile court making the 
transfer in the event that no criminal charge 
is brought against such child in the court to 
which he is transferred by the end of the 
next term of said court which commences after 
such transfer, or in the event that a criminal 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



charge brought within that time is nolle prose- 
quied or dismissed, and no further charge is 
brought in said court within sixty days there- 
after; providing further, that any child, ir- 
respective of age, who, if an adult, would be 
charged with a violation of Florida law pun- 
ishable by death or life imprisonment and such 
offense is presented to the grand jury who 
returns an indictment against said child, then 
the juvenile court shall waive its jurisdiction of 
said child for said offense and shall transfer 
the child to the proper court having jurisdic- 
tion to try said offense. 

(7) Nothing in this chapter shall be deemed 
to take away from the juvenile court any 
jurisdiction or duties conferred upon it by 
§§232.19, 391.07, 409.03, 416.03, 416.06, 416.07, 
416.08, and 417.03. 

Nothing in this chapter shall be deemed to 
take away from the separate juvenile courts 
heretofore established in the counties of Brow- 
ard, Dade, Pinellas and Polk any additional 
juvenile court or domestic relations jurisdic- 
tion which may be conferred upon them by 
chapter 22709, acts of 1945, laws of Florida, 
as amended (as to Broward) ; chapter 19597, 
acts of 1939, laws of Florida, as amended (as 
to Dade) ; chapter 11972, acts of 1927, laws of 
Florida (as to Pinellas) ; and house bill No. 
1234 passed by the legislature at the 1951 ses- 
sion (as to Polk). 

History.— II, ch. 26880, 1951; (6) §1, ch. 28172, 1953; (1), (6) 
Sil, 2, ch. 29900, 1955; (1) §1, ch. 63-12. 

39.03 Taking a child into custody; deten- 
tion. — 

(1) No child shall be taken into custody 
without an order of the judge of the juvenile 
court of the county or district wherein the 
child is found, living, or domiciled, unless (a) 
the child is in such condition or surroundings 
that the welfare of the child requires that the 
child be immediately taken into custody, or 
(b) the child shall be alleged to have com- 
mitted a violation of law. In case either of 
those special circumstances shall exist, any 
law enforcement officer whose duly it would 
be to do so if the child were an adult, and 
any counselor or assistant counselor, may take 
the child into custody without order of the 
judge. 

(2) Unless otherwise ordered by the judge, 
the person taking the child into custody shall, 
whenever practicable, release the child to a 
parent or legal custodian of the child upon 
agreement of the parent or legal custodian to 
produce the child in juvenile court at such 
time as the court may direct, and shall forth- 
with make a full written report to the court, 
stating the facts by reason of which the child 
was taken into custody. 

(3) The person taking and retaining a 
child in custody shall notify the parents or 
legal custodians of the child and the principal 
of the school in which said child is enrolled at 
the earliest practicable time, and shall, without 
delay for the purpose of investigation or any 
other purpose, deliver the child, by the most 
direct practicable route, to the court of the 



county or district where the child is taken into 
custody, or, if the judge has so ordered, to a 
detention home or licensed child caring institu- 
tion or county or city jail, within the county or 
district, designated by the judge, and shall at 
the earliest practicable time report in writing 
to the court the facts by reason of which the 
child was taken into custody. The child shall 
not under any circumstances be placed in any 
police or other vehicle which at the same time 
contains an adult under arrest, nor in a jail, 
police station, or other place of detention, ex- 
cept on general or special order of the judge; 
providing, however, where the child is in- 
volved in the same offense or transaction with 
adults, then such child may be transported in 
the same vehicle with the adults so involved. 

(4) The judge shall not make any order 
directing the delivery of a child to a jail unless 
neither a detention home nor a licensed child 
caring institution exists within the county or 
district, or neither is able to receive the child, 
or neither is a proper place therefor in the 
opinion of the judge; and the judge shall, at 
monthly intervals, inform the board of county 
commissioners and the county children's com- 
mittee, in writing, of the number of and rea- 
sons for deliveries of children to jail, identify- 
ing children by initials and juvenile court 
case numbers but not by names. 

(5) Whenever a child shall, pursuant to 
order of the judge, be delivered over to any 
jail, the child shall, in every case without 
exception, be placed and kept in a part of 
the jail entirely separate and apart from adult 
inmates. 

(6) No child taken into custody shall be 
fingerprinted or photographed except by spe- 
cial order of the juvenile court judge, and no 
original nor any copy of any so taken shall 
be filed or recorded in any place other than 
the juvenile court, but all originals and copies 
thereof shall be delivered over to the juvenile 
court at the time directed in the order and 
promptly destroyed; provided, that this shall 
not apply to the photographing of children at 
an industrial school. Any record of the child 
made by any law enforcement officer or other 
person except the officers and employees of 
the juvenile court shall be made in a separate 
record kept for that purpose, identifying the 
child only by the initials and juvenile court 
case number of the child ; shall not be a public 
record; and shall not be open to inspection 
by anyone other than the officers and em- 
ployees of the juvenile court and by the child, 
the parents or legal custodians of the child, 
and their attorneys ; provided however, that the 
records of child traffic violations shall be kept 
in the full name of the violator and shall be 
open to inspection and publication in the same 
manner as adult traffic violations. 

(7) No child taken into custody who has 
not been adjudicated to be a dependent or 
delinquent child shall be detained in custody 
longer than two days, excluding Sundays and 
legal holidays, unless a special order so direct- 
ing is made by the judge, finding that the 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



release of the child would be inimical to the 
welfare of the child or of the public, stating 
the reasons for such finding. The reasons for 
such finding shall be reviewable by appeal or 
in habeas corpus proceedings. 



History §1, cb. 26880, 1951; (3), (6) §§3, 4, ch. 29900, 1955; 

(3) §1, ch. 59-441; (6) $1, ch. 61-54. 

39.04 Investigation. — Upon receiving relia- 
ble information that a child within the county 
or district wherein the juvenile court is estab- 
lished is a dependent or delinquent child, the 
counselor or an assistant counselor shall in- 
vestigate and, if the investigation discloses 
reasonable ground for belief that the child is 
a dependent or delinquent child, and no peti- 
tion with reference to the child has been filed 
in that juvenile court, shall file such a peti- 
tion. 

History.— §1, ch. 26880, 1951. 

39.05 Petition.— 

(1) The counselor, any assistant counselor, 
or any other person may file in the juvenile 
court a petition stating that a child within the 
county or district wherein the juvenile court 
is established is a dependent or delinquent 
child. 

(2) The petition must be in writing, signed 
and verified by the affidavit of the person 
signing it, made before the judge, counselor, 
or an assistant counselor of the court in which 
the petition if filed. The affidavit may be 
upon information and belief. 

(3) The petition, all orders and other papers 
filed in the official records in any case shall 

be entitled "In the interest of , 

a child." 

(4) The petition shall set forth the name, 
age, and residence of the child; the names and 
residence of the parents or legal custodians of 
the child; and the facts which are alleged to 
constitute the child a dependent or delinquent 
child. If any such information shall be un- 
known to the person signing the petition, the 
petition shall so state. The petition shall be 
sufficient if it clearly, fairly, and concisely 
states the substance of the facts which, if 
true, constitute the child a dependent or de- 
linquent child, in such manner as to apprise 
the parents or legal custodians of the child, 
and to apprise the child if the child is of suf- 
ficient age and understanding, of the nature 
thereof, couched in narrative terms and not 
in the usual language of criminal informa- 
tions and indictments. 

History,— §1, ch. 26880, 1951. 

39.06 Process and service. — 

(1) Personal appearance of any person in 
a hearing before the juvenile court shall ob- 
viate the necessity of serving process upon 
that person. 

(2) Upon the filing of a petition contain- 
ing allegations of facts which, if true, would 
constitute the child therein named a dependent 
or delinquent child found, living or domiciled 
within the county or district wherein the court 
is established, the court shall investigate and, 
if those facts appear to be true, a summons 



reciting briefly the substance of the petition 
shall be issued out of the juvenile court by 
the judge, counselor, or an assistant counselor, 
to the parents and legal custodians of the child 
named in the petition if their names and resi- 
dences are ascertainable, and if not ascertain- 
able then to any relative of the child whose 
name and residence is ascertainable, directing 
them to appear personally before the juvenile 
court at a time and place stated in the sum- 
mons, which time shall not be less than twenty- 
four hours after service of the summons, and 
to bring the child before the juvenile court 
at that time and place if the child is not in 
custody by order of the juvenile court. 

(3) If it appears from the petition that 
the child named therein is in such condition 
or surroundings that the welfare of the child 
requires that the child be taken into custody 
upon the filing of the petition, or if the peti- 
tion alleges that the child has committed a 
violation of law, and the judge deems it ad- 
visable to do so, the judge may, by endorsement 
upon the summons, order that the child shall 
be taken into custody immediately, and in 
such case the person serving the summons shall 
forthwith take the child into custody. 

(4) Witness subpoena shall be issued to 
any other person who will not otherwise ap- 
pear and whose presence at the hearing is 
deemed necessary by the judge, counselor, or 
assistant counselor, or is requested by the 
child or the parent or legal custodian of the 
child. 

(5) It shall not be necessary to the validity 
of any juvenile court proceedings concerning 
a child that the parents or legal custodians of 
the child be present, if diligent search and 
inquiry have been made without success by 
the court to ascertain their identity and resi- 
dences, or if the parents and legal custodians 
evade service of or ignore summons, but in 
that event the judge, counselor, or assistant 
counselor who made the search and inquiry 
shall file in the case a certificate as to those 
facts, and the judge may appoint a guardian 
ad litem for the child. This subsection shall 
not modify the provisions of subsection (4) 
of §39.11. 

(6) The jurisdiction of the juvenile court 
shall attach to the child and case when the 
summons is served upon a parent or legal 
custodian of the child, or when the child is 
taken into custody with or without service of 
summons and before or after filing of a peti- 
tion, whichever first occurs, and thereafter the 
juvenile court may control the child and case 
in accordance with this chapter. 

(7) The process, summons, warrant, and 
orders of the juvenile court shall run through- 
out the state, as fully and effectively as the 
process of the circuit court. 

(8) All process, orders, commitments to an 
industrial school, and other papers issued out 
of the juvenile court or by the judge thereof 
in the capacity of committing magistrate may 
be served or executed, as the judge may direct, 
by the counselor or an assistant counselor of 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



that juvenile court, or in the same manner as 
process issued out of a circuit court. 

(9) No fee shall be paid for service of any 
process, orders, or other papers by a counselor 
or assistant counselor, but any expense in- 
curred therein shall be paid out of the juvenile 
court fund, except expense incident to trans- 
portation of children to an industrial school, 
which expense shall be paid out of the fine 
and forfeiture fund of the county wherein the 
child was found. If any process, orders, or 
other papers are served or executed by any 
sheriff or constable, the sheriff or constable 
shall be compensated in accordance with law 
out of the funds of the county set aside for 
that purpose, and not out of the juvenile court 
fund. 

History.— 51, ch. 26880, 1951; (6) 810, ch. 27991, 1953. 
cf. — §30.23 Transportation cost of children to industrial school. 
§955.24 Sheriffs expenses In taking offenders to industrial 
schools. 

39.07 No answer required. — No answer to 
the petition, nor any other pleading, need be 
filed by any child, parent, or legal custodian, 
but any matters which might be set forth in 
an answer or other pleading may be pleaded 
orally before the court or filed in writing as 
any such person may choose. 

History.— §1, ch. 26880, 1951. 

39.08 Medical, psychiatric, and psychologi- 
cal examination and treatment. — After a peti- 
tion has been filed, the judge may order the 
child named in the petition to be examined by 
a physician, psychiatrist, or psychologist will- 
ing to do so. After a child has been adjudicated 
to be a dependent or delinquent child, and 
before such adjudication with the consent of 
any parent or legal custodian of the child, the 
judge may order the child to be treated by 
a physician, psychiatrist, or psychologist will- 
ing to do so. For the purpose of either exami- 
nation or treatment, the judge may order the 
child to be placed in a suitable place. 

History.— §1, ch. 26880, 1951. 

39.09 Hearing.— 

(1) The hearing shall be held as soon as 
practicable after the petition is filed, but rea- 
sonable delay for the purpose of investigation 
or procuring counsel upon request of the child 
or a parent or legal custodian of the child 
shall whenever practicable be granted. 

(2) Hearings shall be conducted by the 
judge without a jury, applying the rules of evi- 
dence in use in equity cases in the circuit 
courts, and adjourning the hearings from time 
to time as necessary. All such hearings, except 
as hereinafter provided, shall be open to the 
public and no person shall be excluded there- 
from except on special order of the judge, who, 
in his discretion may close any hearing to the 
public when the public interest or the welfare 
of the child, in his opinion, is best served by so 
doing. In any event, all hearings involving 
unwed mothers, custody or placement of illegit- 
imate children shall remain confidential and 
closed to the public as heretofore. Hearings in 
such cases involving more than one child may 
be held simultaneously where the several chil- 



dren involved are related to each other or were 
involved in the same transactions. The child 
and the parents or legal custodians of the child 
may be examined separately and apart from 
each other. This subsection shall not be ap- 
plicable to hearings before the judge as com- 
mitting magistrate. 

History — §1, ch. 26880, 1951; (2) §1, ch. 57-257. 

39.10 Adjudication.— 

(1) If the judge shall find that the child 
named in a petition is not a dependent or delin- 
quent child, the judge shall enter an order so 
finding and dismissing the case. 

(2) If the judge shall find that the child 
named in a petition is a dependent or delin- 
quent child, the judge shall incorporate that 
finding in an order entered in the case, briefly 
stating the facts upon which the finding is 
made, and the juvenile court shall thereafter 
have full jurisdiction to deal with the child 
as a dependent or delinquent child. 

(3) An adjudication by a juvenile court 
that a child is a dependent or delinquent child 
shall not be deemed a conviction, nor shall 
the child be deemed to have been found guilty 
or to be a criminal by reason of that adjudica- 
tion, nor shall that adjudication operate to 
impose upon the child any of the civil dis- 
abilities ordinarily imposed by or resulting 
from conviction, nor to disqualify or prejudice 
the child in any civil service application or 
appointment. 

History.— §1, ch. 26880, 1951. 

39.11 Powers with reference to dependent or 
delinquent children. — 

(1) When any child shall be adjudicated 
by a juvenile court to be a dependent or de- 
linquent child, the juvenile court having juris- 
diction of the child shall have the power, by 
order, to: 

(a) Place a child, under the supervision of 
the counselor, either in the child's own home, 
or, the prospective custodian being willing, in 
the home of a relative of the child, or in some 
other suitable place, under such reasonable 
conditions as the judge may direct. 

(b) Commit the child to a detention home, 
or to a licensed child caring institution willing 
to receive the child. 

(c) Commit the child to an industrial 
school, if the board of commissioners of state 
institutions is willing to receive the child 
thereat. 

(d) Permanently commit the child to a 
licensed child placing agency, *or the state 
department of public welfare, willing to re- 
ceive the child, for subsequent adoption, if 
the juvenile court finds that the child has 
been abandoned by the natural parent or par- 
ents, and legal guardian if any, of the child; 
or that the parent or parents, and legal guard- 
ian if any, have substantially and continuously 
or repeatedly refused, or though financially 
able have neglected, to give the child parental 
care and protection; or that the parent or par- 
ents, and legal guardian if any, are unfit by 
reason of their conduct or condition, which is 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



seriously detrimental to the child's welfare; 
and if the court finds that it is manifestly to 
the best interest of the child to do so. 

(e) Order the natural or adoptive parents 
of such child, or guardian of such child's 
estate, if possessed of assets which under law 
may be disbursed for the care, support and 
maintenance of such child, to pay the person 
or institution (not including the state indus- 
trial schools for boys and girls) having cus- 
tody of such child reasonable sums of money 
at such intervals as the court may consider 
adequate and proper for the care, support, 
maintenance, training, or education of such 
child. The court, in making such order, shall 
consider the circumstances and ability of such 
parents to pay, and to the value of assets of 
the guardianship estate of such child, and 
where such order affects the guardianship 
estate, a certified copy of such order shall be 
delivered to the county judge having jurisdic- 
tion of such guardianship estate. 

(2) Any order made pursuant to subsec- 
tions (1) (a) or (1) (b) may thereafter be 
modified or set aside by the juvenile court. 

(3) Any commitment made to an industrial 
school shall be for an indeterminate period 
of time, any child so committed to be released 
when directed by the board of commissioners 
of state institutions rather than upon the order 
of the juvenile court committing the child, but 
no child shall be held in an industrial school 
under a commitment from a juvenile court after 
becoming twenty-one years of age. The juvenile 
court, in committing a child, shall not lose 
jurisdiction, but shall discontinue exercising 
active control over the child while the child is 
committed to the school. The board of commis- 
sioners of state institutions shall notify the 
juvenile court which committed the child to the 
school, at least thirty days before releasing the 
child, and the juvenile court may thereupon 
resume control and thereafter make orders for 
the supervision of the child as may be proper. 

(4) Before the juvenile court may perma- 
nently commit a dependent or delinquent child 
to a licensed child placing agency *or the state 
department of public welfare for subsequent 
adoption, in addition to the other requirements 
set forth in this chapter the following require- 
ments shall be met : 

(a) Notice must be served upon the known 
living parents and legal custodians of the child, 
and if all of these persons be dead or unknown 
then upon a relative of the child, in the manner 
prescribed by law for service of summons in 
chancery, specifically notifying them that a 
petition has been filed for the permanent com- 
mitment of the child to a licensed child placing 
agency *or the state department of public wel- 
fare for subsequent adoption, and commanding 
them to appear in that court on a day named 
in the notice not less than fifteen nor more than 
sixty days after service of the notice, and to 
show cause why the petition should not be 
granted. 

(b) In the event that those persons cannot 
be personally served with notice in the manner 



prescribed in paragraph (a), the judge or 
counselor shall cause the notice to be pub- 
lished once each week for four consecutive 
weeks (four publications being sufficient) prior 
to the return date, in some newspaper published 
in the county or district in which the juvenile 
court is established. The published notice shall 
command those persons to appear in court on a 
day named in the notice not less than twenty- 
eight nor more than sixty days from the date 
thereof, and the notice shall otherwise be 
identical with the form of notice prescribed in 
paragraph (a). If the natural parents, legal 
custodians, and relatives be unknown or dead, 
the published notice shall be directed to "whom 
it may concern." The judge or counselor shall 
mail a copy of the published notice to each 
person to whom the notice is directed for whom 
an address can be obtained after diligent search 
and inquiry, and shall file in the case a certifi- 
cate of constructive service. Service by publica- 
tion as specified herein shall be as effectual as 
personal service within this state of the notice. 
The cost of publishing the notice shall be paid 
out of the juvenile court fund upon approval of 
the judge or counselor, or the judge may require 
the cost thereof to be paid by the licensed child 
placing agency *or state department of public 
welfare desiring entry of the order. 

(c) Notice as prescribed by this section 
may be waived, in the discretion of the judge, 
where the living parents, and any legal guard- 
ian, of the child, execute, before two witnesses 
and a notary public or other officer authorized 
to take acknowledgments, a written surrender 
of the child to a licensed child placing agency 
*or the state department of public welfare. 

(5) A licensed child placing agency *or the 
state department of public welfare to which a 
child is permanently committed for subsequent 
adoption in accordance with this chapter may 
place the child in a family home for prospective 
subsequent adoption, and may thereafter be- 
come a party to any proceeding for the legal 
adoption of the child and may appear in any 
court where the adoption proceeding is pend- 
ing and consent to the adoption, and that con- 
sent alone shall in all cases be sufficient. A 
permanent order of commitment, whether pur- 
suant to consent or after notice served as herein 
prescribed, shall permanently deprive the par- 
ents and legal guardian of any right to the 
child. In any subsequent adoption proceedings 
the parents and legal guardian shall not be 
entitled to any notice thereof, nor shall they 
be entitled to knowledge, at any time after the 
permanent order of commitment is entered, of 
the whereabouts of the child or the identity or 
location of any person having the custody of or 
having adopted the child, and in any habeas 
corpus or other proceeding involving the child 
brought by any parent or legal guardian of the 
child no agent of the licensed child placing 
agency *or state department of public welfare 
shall be compelled to divulge that information, 
but may be compelled to produce the child 
before a court of competent jurisdiction if the 
child is still subject to the guardianship of the 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



licensed child placing agency *or state depart- 
ment of public welfare. The entry of the per- 
manent order of commitment shall not entitle the 
licensed child placing agency *or state depart- 
ment of public welfare to guardianship of the 
estate or property of the child, but the licensed 
child placing agency *or state department of pub- 
lic welfare shall be the guardian of the person of 
the child, and the juvenile court shall no longer 
exercise jurisdiction over the child after entry 
of such order. 

(6) The juvenile court may at any time 
enter an order ending its jurisdiction over any 
child. 

History.— §1, ch. 26880, 1951; (1) §5, ch. 29900, 1955; $7, 
ch. 63-449. 

♦Note. — Word "or" added by statutory revision department, 
cf. — §955.22 Board may for certain reasons, refuse to receive 
person committed, etc.; see also §956.02. 

39.12 Seal; records; privileged informa- 
tion. — 

(1) The juvenile court is a court of record, 
having a seal, and the judge, counselor, and 
assistant counselors thereof shall each have 
power to administer oaths and affirmations. The 
seal shall be prescribed and furnished by the 
board of county commissioners of the county 
in which the court is established, or, in case of 
a district juvenile court, by the board of county 
commissioners of the county in which the court 
is principally held. 

(2) The juvenile court shall make and keep 
records of all cases brought before it, and shall 
preserve the records pertaining to a child un- 
til ten years after the last entry was made, 
and may then destroy them, except that records 
of cases where orders were entered permanently 
depriving a parent of the custody of a child 
shall be preserved permanently. The juvenile 
court shall make official records, consisting of 
all petitions and orders filed in a case and any 
other pleadings, certificates, proofs of publica- 
tion, summons, warrants and other writs which 
may be filed therein and shall make social rec- 
ords, consisting of records of investigation and 
treatment and other confidential information 
not forming part of the official records. In ad- 
dition to the foregoing, the judge of each juve- 
nile court shall keep a record to be designated 
"juvenile court statistical card" as to each child 
on whom a petition has been filed in the court, 
setting forth full statistical data concerning 
such child and the grounds for the proceedings 
involved. The statistical card shall be in such 
form as provided by the Florida children's com- 
mission and approved by the state organization 
of juvenile court judges, and until such card is 
so provided, the card now designated as "Form 
JC 1" of the department of public welfare shall 
be used as the statistical card herein required. 
Said card shall on or before the tenth day of each 
month be delivered to the department of public 
welfare of this state and shall be used by said 
department only for the purpose of obtaining 
the statistical information and shall be returned 
without undue delay to the juvenile court when 
such information is obtained. Such cards shall 
not be public records and shall be confidential 
information while in the possession of said 



department, and said department shall not take 
or retain any names or addresses from any such 
cards or other information that would identify 
a child; nor shall such department release or 
publish any statistical data of a particular 
county or group of counties except it may 
publish the combined or integrated statistical 
data so obtained as to all counties reporting 
under this law. Said department and any ju- 
venile judge shall permit duly authorized rep- 
resentatives of other state departments to 
inspect and make abstracts necessary for com- 
pilation of statistics in relation to child de- 
pendency and delinquency in this state. 

(3) Juvenile court records except records 
of traffic violations, shall not be open to inspec- 
tion by the public. All records, except those 
for traffic violations, shall be inspected only 
upon order of the judge, by persons deemed by 
the judge to have a proper interest therein, 
except that a child and the parents or legal 
custodians of the child and their attorneys shall 
always have the right to inspect and copy any 
official record pertaining to the child. The judge 
may permit authorized representatives of recog- 
nized organizations compiling statistics for 
proper purposes to inspect and make abstracts 
from official records, under whatever conditions 
upon their use and disposition the judge may 
deem proper, and may punish by contempt pro- 
ceedings any violation of those conditions. 

(4) All information obtained in discharge 
of official duty by any judge, counselor, as- 
sistant counselor, or employee of any juvenile 
court shall be privileged, and shall not be 
disclosed to anyone other than the authorized 
personnel of the juvenile court and others en- 
titled under this chapter to receive that in- 
formation, except upon order of the judge. 

(5) All orders of the court shall be in 
writing and signed by the judge, except that 
the counselor or assistant counselor may sign 
a summons, witness subpoenas, or notice to 
appear. 

(6) No juvenile court record shall be ad- 
missible in evidence in any civil or criminal 
proceeding in any other court, except that: 

(a) Orders permanently depriving a parent 
of the custody of a child and committing the 
child to a licensed child placing agency *or the 
state department of public welfare for adoption 
shall be admissible in evidence in subsequent 
adoption proceedings relating to the child ; 

(b) Orders transferring a child to another 
court for trial shall be admissible in evidence 
in the other court, but shall create no pre- 
sumption as to the guilt of the child, nor shall 
same be read to or commented upon in the 
presence of the jury in any trial in the other 
court. 

(c) Orders binding an adult over for trial 
on a criminal charge, made by the judge as a 
committing magistrate, shall be admissible in 
evidence in the court to which the adult is 
bound over; 

(d) Juvenile court records forming a part 
of the record on appeal shall be used in the 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



appellate court in the manner hereinafter pro- 
vided; 

(e) Juvenile court records necessary there- 
for shall be admissible in evidence in other 
courts in any case where a person is being 
tried upon a charge of having committed per- 
jury in testifying in the juvenile court. 

History.— §1, ch. 26880, 1951; (2) §6, ch. 29900, 1955; (3) $2, 
Ch. 61-54; (6) §7, ch. 63-449. 
♦Note. — Word "or" added by statutory revision department. 

39.13 Contempt. — The juvenile court shall 
have the same power to punish for contempt as 
do the circuit courts, and may punish for con- 
tempt any person interfering with the adminis- 
tration of or violating any provision of this 
chapter or order of the court relative thereto. 

History.— 11, ch. 26880, 1951. 

39.14 Appeal— 

(1) Any child and any parent or legal cus- 
todian of any child affected by an order of the 
juvenile court, excluding such order as the 
judge may make as committing magistrate, may 
appeal to the appropriate district court of ap- 
peal. 

(2) Notice of appeal shall be filed in writ- 
ing in the juvenile court within ten days after 
entry of the order appealed from, accompanied 
by the fee required by law to be paid to the 
clerk of the district court of appeal upon filing 
an appeal. 

(3) Within ten days after the filing of the 
notice of appeal in the juvenile court, the judge 
or counselor shall transmit the notice of appeal, 
together with all original papers filed in the 
official record of the case, and any narrative 
statement of the evidence which the juvenile 
court judge may desire to prepare and file there- 
in, the stenographic report of the testimony if 
any was made, and the appeal fee deposited by 
the appellant, to the clerk of the district court 
of appeal. 

(4) On appeal no new evidence may be pre- 
sented, but the appeal shall be heard upon the 
law and the facts as shown by the official 
records of the juvenile court. 

(5) The attorney general shall represent 
the state and the juvenile court upon appeal, 
and shall be notified of the appeal by the judge 
or counselor when the notice of appeal is filed 
in the juvenile court. 

(6) The taking of an appeal shall not oper- 
ate as a supersedeas in any case, except that a 
permanent order of commitment to a licensed 
child-placing agency or department of public 
welfare for subsequent adoption shall be sus- 
pended while the appeal is pending, but the 
child shall continue in custody under the order 
until the appeal is decided. 

(7) On appeal, the district court of appeal 
shall decide only whether a lawful order has 
been entered by the juvenile court, and shall 
not substitute its judgment for that of the 
juvenile court in descretionary matters. 

(8) No briefs or papers other than the 
juvenile court file need be filed in the district 
court of appeal unless the said court shall 
specially so direct, but briefs may be filed by 
the appellant or the attorney general if either 
desires to do so. At any time after the juvenile 



court file shall have been received by the clerk 
of the district court of appeal, the appellant or 
the attorney general, after notice to the other, 
may apply to the said court to set a date for 
the argument on the appeal and the court shall 
dispose of the proceedings as expeditiously as 
possible. 

(9) The case on appeal shall be docketed, 
and any papers filed in the appellate court shall 
be entitled, with the initials but not the name 
of the child and the juvenile court case number, 
and the papers shall remain sealed in the office 
of the clerk of the appellate court when not in 
use by the appellate court and shall not be 
open to public inspection. The decision of the 
appellate court shall be likewise entitled, and 
shall refer to the child only by initials and 
juvenile court case number. 

(10) The original order of the appellate 
court, with all papers filed in the case on 
appeal, shall remain in the office of the clerk 
of the said court, sealed and not open to in- 
spection except by order of the appellate court. 
The clerk of the appellate court shall return 
to the juvenile court all papers transmitted to 
the said court from the juvenile court, together 
with a certified copy of the order of the appel- 
late court. 

(11) The juvenile court, upon receipt of the 
certified copy of the order of the appellate court, 
shall forthwith take action in accordance with 
the order and decision of the appellate court 
by either dismissing the case and returning the 
child to the person previously in custody or by 
making further orders as may be appropriate. 

History.— §1, ch. 26880, 1951; §7, ch. 63-449; {7, ch. 63-559. 



39.15 Qualifications, selection, and term of 
office of judges of separate juvenile courts. — 

(1) Each judge of a separate juvenile court 
shall be a qualified elector in the county or 
district in which is established the court over 
which that person is to preside, shall be not 
less than twenty-five years of age at the time 
of taking office as judge, and shall either have 
served as judge of a separate juvenile court 
in Florida or shall be a member of the Florida 
bar; to the end that the judge shall be a per- 
son of high moral character and selected with 
reference to experience in and understanding 
of problems of child and family welfare, ju- 
venile delinquency, and community organiza- 
tion. 

(2) The judge of each separate juvenile 
court shall be elected by the qualified electors 
of the county or district in which the court is 
established, as other county and state officials 
are elected, for a term of four years. 

(3) All persons serving as judge of sep- 
arate juvenile courts on October 1, 1951, shall 
continue to serve in that capacity during the 
terms for which they were appointed or elect- 
ed. At the general election next preceding the 
expiration of each of those terms, the incum- 
bent or a successor shall be elected, to take 
office upon the expiration of that term and 
serve for four years, and thereafter, in like 
manner, the judge shall be elected every four 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



years, taking office upon the date of expira- 
tion of the term as fixed by the special acts 
relating to those separate juvenile courts. 

(4) In the event a vacancy occurs in the 
office of judge of a separate juvenile court 
prior to the expiration of the term for which 
the judge was elected or appointed, the gov- 
ernor shall appoint a person who is qualified 
as prescribed in subsection (1) of this sec- 
tion, selecting that person with reference to 
that person's high moral character and expe- 
rience in and understanding of problems of 
child and family welfare, juvenile delinquency, 
and community organization, to serve until the 
first Tuesday after the first Monday in Jan- 
uary following the next general election, and 
the vacancy shall be filled at the next general 
election for the unexpired term, whether or 
not a successor for a full four-year term is 
also being elected at the same general elec- 
tion to take office at the expiration of the 
unexpired term. 

(5) If any separate juvenile court shall be 
created or established in addition to those ex- 
isting upon the effective date of this chapter, 
the governor shall appoint as judge thereof a 
person qualified as provided in subsection (1) 
of this section, selecting that person with ref- 
erence to the qualities mentioned in subsec- 
tion (4) of this section, to serve until the first 
Tuesday after the first Monday in January 
following the next general election, and at the 
next general election and every four years 
thereafter the judge shall be elected for a 
full four-year term, taking office on the first 
Tuesday after the first Monday in January 
following the general election. 

(6) In the event that the judge of any 
separate juvenile court shall be temporarily 
unable to act, or shall be absent from the coun- 
ty or district in which the court is established, 
the county judge of the county, or in the case 
of a district court the county judge of the 
county wherein the separate juvenile court is 
principally held, or any circuit judge of the 
circuit wherein the separate juvenile court is 
established, shall act as juvenile court judge 
without compensation therefor. In any county 
in which no separate juvenile court is estab- 
lished, and the county judge is juvenile court 
judge, in the event that the county judge shall 
be temporarily unable to act as juvenile court 
judge or be absent from the county, any cir- 
cuit judge of the circuit including the county 
shall act as juvenile court judge without com- 
pensation therefor. 

History.— §1, ch. 26880, 1951. 

39.16 Qualifications, selection and tenure of 
personnel other than judges. — 

(1) Each counselor and assistant counselor 
of a separate juvenile court shall either have 
served as counselor or assistant counselor of a 
juvenile court in Florida, or shall have a bache- 
lor's degree from a college or university of rec- 
ognized standing, or shall have four years of 
experience in work with children. Each coun- 
selor and assistant counselor of a juvenile court 



presided over by a county judge shall have as 
nearly as possible equivalent qualifications. 

(2) The counselor shall be selected and ap- 
pointed by the judge, and each assistant coun- 
selor shall be selected and appointed by the 
counselor with the approval of the judge, in 
each instance from a list of not less than three 
applicants for the position to be filled, qualified 
as prescribed in subsection (1) of this section, 
approved by the juvenile court merit board for 
the county wherein the court is established, or 
in the case of a district court wherein the court 
is principally held; provided, that if the juve- 
nile court merit board shall fail to approve and 
submit a list of at least three applicants within 
two weeks after being requested to do so, any 
person qualified as prescribed in subsection (1) 
of this section may be appointed. 

(3) In determining whether to approve an 
applicant, the juvenile court merit board shall 
require the applicant to submit a written appli- 
cation, and may require an applicant to submit 
to written examination and an oral interview, 
to the end that counselors and assistant 
counselors shall be selected on merit, with ref- 
erence to their academic and professional train- 
ing, experience, and ability in and understand- 
ing of problems of family and child welfare, 
juvenile delinquency, and community organiza- 
tion, and their qualifications of personality to 
work well with children, parents, and the com- 
munity. The reasonable expenses of the juvenile 
court merit board in so doing shall be paid out 
of the juvenile court fund upon approval of the 
judge. 

(4) With the approval of the judge, the ju- 
venile court merit board for the county in which 
the court is established or principally held shall 
adopt rules governing the discharge of counse- 
lors and assistant counselors, to the end that 
those personnel shall be discharged for good 
cause only, which rules shall be filed in the ju- 
venile court records and may be amended pro- 
spectively but not retroactively at any time. 

(5) Employees of the juvenile court, other 
than counselors and assistant counselors, shall 
be selected and employed by the counselor with 
the approval of the judge if their duties are 
performed primarily under the supervision of 
the counselor, and shall be selected and em- 
ployed by the judge if their duties are per- 
formed primarily directly under the supervi- 
sion of the judge. 

(6) In any county where a civil service law 
may be in effect as to county employees, the 
provisions of that civil service law shall be ap- 
plicable to the counselor, assistant counselors, 
and other employees of the juvenile court estab- 
lished or principally held in that county, except 
persons performing the duties of counselor or 
assistant counselor under gubernatorial ap- 
pointment upon the effective date of this act 
during the terms for which such persons were 
so appointed. The juvenile court merit board 
shall not function in those counties, but counse- 
lors and assistant counselors shall be qualified, 
and appointments shall be made, as specified in 
this section, from a list of eligible applicants 



Ch. 39 



JUVENILE COURTS 



Ch. 39 



approved by the civil service board in accord- 
ance with that civil service act. 

(7) The provisions of the state or county of- 
ficers and employees retirement system, which- 
ever may be applicable, shall continue to apply 
to the counselor, assistant counselors, and 
other employees of the juvenile court, as well as 
to the judge thereof. 

(8) All persons serving as chief or head or 
assistant probation officers of juvenile courts, 
by whatever titles they may be called or known, 
performing the duties of counselor or assistant 
counselor thereof upon the effective date of this 
chapter, who were appointed for definite terms 
pursuant to special or general acts, shall con- 
tinue to serve during the terms for which the 
appointments were made, performing the duties 
and using the titles of counselor or assistant 
counselor as the case may be, and at the end of 
each term the selection and appointment of 
counselors and assistant counselors for the 
courts in which they perform duties shall there- 
after be in accordance with this chapter, any of 
those personnel being automatically eligible for 
appointment under this chapter as specified in 
subsection (1) of this section. 

(9) The number and salaries of assistant 
counselors, and the number, salaries, titles and 
duties of other employees, shall be designated 
by the counselor with the approval of the judge, 
or by the judge in the case of those employees 
whose duties are performed primarily directly 
under the supervision of the judge, within the 
limits of the juvenile court fund. 

History.— §1, ch. 26880, 1951. 

39.17 Duties of counselor, assistant counse- 
lors, and other employees. — 

(1) The counselor, under the general super- 
vision of the judge, shall organize, direct and 
develop the administrative work of the juvenile 
court, perform such other duties as the judge 
shall direct, and act as clerk of the juvenile 
court. 

(2) Assistant counselors shall perform the 
duties assigned to them by the judge or counse- 
lor, and shall act as deputies clerk of the juve- 
nile court. 

(3) Other employees of the juvenile court 
shall perform duties as the judge and counselor 
shall direct. 

(4) If approved by the judge, a counselor 
or assistant counselor may be appointed a dep- 
uty sheriff by the sheriff of the county wherein 
the court is established, or in the case of a dis- 
trict court by the sheriff of any county within 
the district. 

History.— §1, ch. 26880, 1951. 

39.18 Appropriation for juvenile court ex- 
penses; compensation of judge and counselor. — 

(1) The board of county commissioners of 
each county shall appropriate each fiscal year 
commencing October 1, 1955, from the general 
fund or other fund of the county as the board 
may choose, reasonable and adequate funds for 
the expense of operating the juvenile court in 
that county. In the event that any separate ju- 
venile court shall be created or established by 



the legislature in and for any district composed 
of two or more counties, the board of county 
commissioners of each county within the dis- 
trict shall appropriate each fiscal year reason- 
able and adequate funds for their proportion- 
ate share in operating the juvenile court in that 
district. The sum appropriated shall be known 
as the juvenile court fund. 

(2) Out of the juvenile court fund the 
board of county commissioners of each county 
may pay such annual salaries to the judge as 
shall not exceed the amounts specified in this 
subsection, in twelve equal monthly payments, 
and in case of a district juvenile court, each 
county paying only its proportionate share of 
such salary. 

(a) In counties or districts having a popu- 
lation of 30,999 or less, the judge may be paid 
an annual salary not exceeding an amount 
equal to one hundred twenty dollars for each 
full 1,000 population in the county or district. 

(b) In counties or districts having a popu- 
lation of at least 31,000 but not exceeding 50,- 
999, the judge may be paid an annual salary 
not exceeding an amount equal to thirty six 
hundred dollars plus fifty dollars f