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Full text of "Florida Statutes 1963, Volume 2"

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 1968 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—1750 sets 
1953—4500 sets 
1951—4000 sets 
1949—3500 sets 



ROSE PRINTING COMPANY 
Tallahassee, Florida 



TABLE OF 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TABLE OF REPEALED AND INACTIVE SECTIONS 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 
Eevision 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 COMPBLATION 

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. CL 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 OF 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." 

CHAKLES 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 
Abortion 



and 



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 

Eule 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 



CHAPTER 

45 

797 

101 

747 

703 

776 

473 

737 

111 

524 



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



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 



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 



Arbitrations; Florida arbitration code 

Archeology 

Architects 

Arraignment . 



Arrest of judgment . 

Arrests 

Arson 



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 



CHAPTER 



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 



Ascertaining results and conducting elections 

Assault and battery; mayhem; criminal culpable negligence 
Assemblies 

Disturbing, religious and other 

Subversive activities 



329 
330 
860 
332 
333 
331 

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 



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 

Beautiflcation 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 



Bills and notes 
Blind, council for the 



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 



B oxing 

Brake fluid, sale of, part II 
Bribery 



Bridges and roads 

Bridges and toll facilities 
Bucket shops 



CHAPTER 

13 

903 

101 



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



742 
514 
161 
342 
556 
534 

561 
569 
562 
568 
567 
799 



_674-676 
_ 413 



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 



CHAPTER 

216 

559 



Voluntary dissolution 



Buildings and other structures, malicious injury to 

Bureau of vital statistics 

Burglary 



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 . 



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 

Railroad and public utilities commission . 

Railroad 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 



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 

Recording 



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 . 



CHAPTER 



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 



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 



CHAPTER 

937 

36 

44 



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 



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 



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 



CHAPTER 



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



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 

Narcotic, uniform law _ 

Opium dens 

Drunkenness 

Dueling 



CHAPTER 

322 

398 



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 



_ 859 
_ 404 
_ 500 
_ 398 
_ 846 
_ 856 
_ 783 
_ 116 
_ 704 
_ 239 
_ 243 
_ 504 
_ 583 
_ 70 
97-104 
_ 99 
_ 102 
_ 100 
567 



Qualification and registration of electors 
Registration office, officers and procedure _ 
Violations; penalties 



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 



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 



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 



589 

_ 559 

601 

600 

580 

_ 412 

944 

477 

391 

288 

246 

504 

368 

334-339 
_ 289 
_ 478 
_ 257 
573 



ALPHABETICAL CHAPTER INDEX— (Cont.) 

m 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 



CHAPlJiiR 



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 



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 



CHAPTER 



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 



CHAPTER 



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 

Regulation of traffic on highways 

Sales finance act, part I 

Title certificates 



Motorboats, regulation 

Registration and safety law, part I 

Registration 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 



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 



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 



Mortgaged, sale of; similar offenses 
State owned 



Tangible, tax 
Pest control 



Petroleum liquefied gas, sale . 
Pharmacists 



CHAPTER 



674 
678 
126 
920 
588 
743 
619 
617 



_ 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 



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 



Kegulation 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 



_ 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 



Administrative adjudication, part II 

Judicial review, part III 

Eule making, part I 
Proceedings supplemental to eminent domain 
Process 

Commencement of suits at law 

Constructive service of 



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 



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 

Racing, 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 law, 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 



CHAPTER 



273 

796 
518 
394 
490 
473 
27 
228 
650 
616 



Re-establishment of destroyed or lost 



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 



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 



CHAPTER 

375 

418 

56 

100 

__ 131 

240 

. 244 

160 

97 

98 

371 



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 II 

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 houses 

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 



CHAPTER 

__ 100 

354 

242 

506 

534 

531 



Attorney; public defender 

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 



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 



__ 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 

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 



Railroad, 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 



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 



CHAPTER 
821 



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 OP 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) 

In j unctions 

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 

Organization and dissolution of municipalities 

Municipal charter and charter amendment 

General powers of municipalities 

Police power of municipalities 



Power of municipality to borrow money 

Supplemental and alternative method of making local municipal im- 
provements 

Contraction and extension of municipal territorial limits ; consolidation 

of taxing districts . . 

Municipal electric and gas plants 

Foreclosure of municipal tax and special assessment liens 

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

Municipal firemen's pension trust fund 

Municipal zoning 

Maps and plats 



CHAPTER 

165 

166 

167 

168 

169 



Municipal tax adjustment boards 

Municipal airports (Repealed) 

Municipal public works 



Municipal revenue bond refinancing law 

Police officers' insurance and annuities (Repealed) 

Municipal parking facilities 

Municipal sewer financing 



Municipal police officers' retirement trust fund; policemen generally 

Model traffic ordinances for municipalities 

TITLE XIII 

TAXATION AND FINANCE 

Taxation, general provisions 

Tax assessments and tax sales . 

Tax sale certificates and tax deeds 

Taxes on railroads and pullman and express companies 

Court proceedings relating to taxation 

Tax collection agencies 

Estate taxes 



Intangible personal property taxation 
Tangible personal property taxation _ 
Excise tax on documents 



Excise taxes, generally (Repealed, 1957) 

Gross receipts taxes, generally 

Retail store license taxes 

License taxes 



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

Taxes on gasoline and like products 

Tax on motor fuels other than gasoline 

Tax on cigarettes 



Tax on production of oil and gas 

Tax on sales, use and other transactions 

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

State revenue laws; administration 

Financial matters, generally 

State budget commission 



Financial matters pertaining to political subdivisions 
County public money, handling by state and county — 



TITLE XIV 
HOMESTEAD AND EXEMPTIONS 
Method of setting apart homestead and exemptions 



TITLE XV 
EDUCATION ■ 

School code; scope, organization and definitions (Repealed) 

State plan for public education 



Functions of state educational agencies 



170 

171 
172 
173 

174 
175 
176 
177 
178 
179 
180 
181 
182 
183 
184 
185 
186 



192 
193 
194 
195 
196 
197 
198 
199 
200 
201 
202 
203 
204 
205 
207 
208 
209 
210 
211 
212 



213 
215 
216 
218 
219 



222 



227 
228 
229 



NUMERICAL TITLE AND CHAPTER INDEX 

The county school system 

Personnel of school system 

Compulsory school attendance; child welfare 

Courses of study and instructional aids 

Transportation of school children 

The school plant 



Finance and taxation; schools 

Financial accounts and expenditures 

Retirement system for school teachers 

Universities, scholarships, etc. ; extension institute 

General provisions for institutions of higher learning, part I 

Educational extension act of 1963, part II 

Board of control 

Board of regents 



Institutions of higher learning 

Specialized state educational institutions 

Educational institutions law ; revenue certificates 

Regional education 

State anatomical board , 

Florida educational television commission 

Private schools, minimum standards 



CHAPTER 

230 

231 

232 

233 

234 

235 

236 

237 

238 

239 



240 
240 
241 
242 
243 
244 
245 
246 
247 



TITLE XVI 
MILITARY CODE AND RELATED MATTERS 



Florida state defense council (Repealed) 
Military code 



Florida state guard 
Civil defense 



249 
250 
251 
252 



TITLE XVII 
PUBLIC LANDS AND PROPERTY 



Internal improvement trust fund 
National forest trust fund 



Public property and public buildings 

State and United States and Confederate flags 

State library 

State parks 



Everglades national park (Repealed, 1961) 
Memorials 



St. Augustine historical restoration and preservation commission 

Public lands . 

Grants to riparian owners 

Board of commissioners of state institutions 

State-owned tangible personal property 



Tangible personal property owned by counties, districts, etc. 

TITLE XVIII 

PUBLIC BUSINESS 

General and miscellaneous appropriations 

Public printing and stationery , , 

State fire insurance trust fund 

Seminole Indian reservation 



Public business generally (Repealed) 

State purchasing commission 

Florida development commission 



Florida industrial development corporation 

Florida nuclear code and southern nuclear compact law _ 

TITLE XIX 
PENSIONS AND WAR VETERANS 

Confederate pensions 

Service officer 



Uniform veterans' guardianship law 

Supplemental veterans' guardianship law 
Laws relating to veterans, generally 



253 
254 
255 
256 
257 
258 
264 
265 
266 
270 
271 
272 
273 
274 



282 
283 
284 
285 
286 
287 
288 
289 
290 



291 
292 
293 
294 
295 



NUMERICAL TITLE AND CHAPTER INDEX 
TITLE XX 

DRAINAGE 



General drainage 



Stevedores 



CHAPTER 
298 



TITLE XXI 
PORTS AND HARBORS 



Shipping masters 1 

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 



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



Construction; contracts; land acquisition, fourth part, highway code 

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

fifth part, highway code 

Financing; miscellaneous, sixth part, highway code 

Turnpike authority 

State roads (Repealed) 

Beautification of waterways 

County roads and bridges (Repealed) 

County road and bridge indebtedness ; board of administration, etc 

Funds for county hard roads (Repealed) 

Protection of paved and improved roads (Repealed) 

Ferries, toll bridges, dams and log ditches 

Expressway authorities 



St. Petersburg expressway authority, part I 
Tampa-Hillsborough county expressway authority, part II 
Orlando-Orange county expressway authority, part III 
Jacksonville expressway authority 



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 



307 
308 
309 
310 
311 
312 
313 
314 
315 



317 
318 
319 
320 
321 
322 
323 
324 
325 



329 
330 
331 
332 
333 



334 
335 
336 
337 

338 
339 
340 
341 
342 
343 
344 
345 
346 
347 
348 



349 



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. 



CHAPTER 

355 

356 

357 

358 

359 

360 

361 

362 

363 



Regulation of telegraph and telephone companies by railroad and public 

utilities commission 364 

Regulation of private wire service 365 

Regulation of public utilities 366 

Water and sewer system regulatory law 367 

Gas piping systems safety code 368 



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 



State board of conservation; geological department; water resources 

department; weather modification 

Canal authority — navigation districts — waterways development 

Canal authority, part I 

Navigation districts, part II 

Waterways development, part III 

Outdoor recreation and conservation 

Archeology 

Conservation of oil and gas resources . 

Flood control 



Everglades fire control 



O 



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 

E 1 evato rs 

Nursing homes 



Hospital service for the indigent . 
Mental health 



Florida air pollution control commission 
Florida barbiturate act 



370 
371 



372 

373 

374 



375 
376 
377 
378 
379 



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) 



Florida state improvement commission (Repealed and transferred to 

ch. 288) 

Housing authorities law 

Housing cooperation law 



CHAPTER 

409 

410 

412 

413 

414 

415 

416 

417 

418 
419 



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. 447) 

Structural pest control 

Medical technology 



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 OP TRADE, COMMERCE AND INVESTMENTS 

Mortgage brokerage law 

Registration 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 centsr 

Outdoor theatres 

Bedding inspection 



Eegulation 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 . 



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 



621 
622 
623 



624 



625 



626 



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 VUI 

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 

insurers 

Reciprocal insurers 

Alien insurers, trusteed assets, domestication 

Rehabilitation and liquidation 

Fraternal benefit societies 

Fire marshal, state 



627 



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 (Kepealed, 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 

TITLE XL 
STATUTE OP FRAUDS, FRAUDULENT CONVEYANCES AND 
GENERAL ASSIGNMENTS 
Unenforcement contracts 



CHAPTER 

716 

717 



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 

Rape 



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 

Perjury 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 rctads 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 

S earch 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 (Repealed, 1957) 

State prison farm (Repealed, 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 

1963 
Volume 2 



TITLE XXVII 

PUBLIC HEALTH 

CHAPTEE 380 
PUBLIC HEALTH, GENEEALLY 



380.01 Survey of state hospital facilities; de- 
velopment commission. 

380.01 Survey of state hospital facilities; 
development commission. — 

(1) The Florida development commission is 
hereby designated as the sole agency of the 
state to carry out the purposes of the federal 
hospital survey and construction act as 
amended. 

(2) (a) The governor is authorized to ap- 
point a state advisory council which shall con- 
sist of seven members who are residents of 
Florida. Such council shall include representa- 
tives of nongovernment organizations or 
groups, and of state agencies, concerned with 
the operation, construction, or utilization of 
hospitals, including representatives of the con- 
sumers of hospital services selected from 
among persons familiar with the need for such 
services in urban or rural areas, to consult 
with the Florida development commission in 



carrying out the purposes of the federal hos- 
pital survey and construction act with amend- 
ments. 

(b) The members of the advisory council 
shall be appointed for a term of four years or 
until their successors are appointed and quali- 
fied, except that the first appointments made 
after passage of this law shall be for terms 
as follows : two members shall be appointed for 
a term of one year; two members shall be ap- 
pointed for a term of two years; two members 
shall be appointed for a term of three years, 
and one member shall be appointed for a term 
of four years. 

(3) The governor is authorized to provide 
for carrying out such purposes in accordance 
with the standards prescribed by the surgeon 
general. 

History.— §1, ch. 22851, 1945; §1, ch. 59-401. 
cf. — ch. 288 Florida Development Commission. 
Note.— See preamble of 1945 act. 



Ch. 381 



STATE BOARD OF HEALTH 



Ch. 381 



CHAPTER 381 
STATE BOARD OF HEALTH 



381.011 Board, appointment, etc. 

381.021 Board headquarters. 

381.031 Duties and powers of the board. 

381.041 State health officer. 

381.051 Acting state health officer. 

381.061 Duties of state health officer. 

381.062 Eminent domain. 

381.071 Regulations and ordinances super- 
seded. 

381.081 Presumptions. 

381.091 Construction, rules and regulations. 

381.101 Municipal regulations and ordinances. 

381.111 Power to enforce. 

381.121 Enforcement; city and county officers 
to assist. 

381.131 Board meetings. 

381.141 Compensation, board members. 

381.151 Per diem; traveling expenses; agents 
and other employees. 

381.171 Purchase, lease and sale of real prop- 
erty. 

381.181 Expenditures. 

381.191 Revolving fund. 

381.201 Application for and acceptance of gifts 
or grants. 

381.211 Disposition of equipment and mate- 
rial; transfers to county health de- 
partments. 

381.221 Annual report. 

381.231 Report of communicable diseases to 
board. 

381.241 Quarantine regulations; commerce or 
travel. 

381.251 Pollution control; underground water, 
lakes, etc. 

381.011 Board, appointment, etc. — The state 
board of health, referred to in this chapter as 
the board, shall be composed of five members 
appointed by the governor; two of whom shall 
be doctors of medicine, licensed to practice in 
Florida ; one of whom shall be a dentist licensed 
to practice in Florida; one of whom shall be a 
pharmacist licensed to practice in Florida; and 
one shall be a discreet citizen of Florida (or a 
licensed practitioner, other than a doctor of 
medicine of one of the healing arts for the 
treatment of human ills). Each member before 
assuming his official duties shall take an of- 
ficial oath. Term of office shall be four years 
from date of appointment or until a successor 
is appointed and qualified, except unexpired 
terms, in which case the appointment shall be 
to the end of the unexpired term only. The 
board at each annual meeting shall elect its 
president who shall call and preside at all 
meetings. 

History.— Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §§381.01, 381.02, 381.04. 

381.021 Board headquarters. — The head- 
quarters of the board shall be in Jacksonville. 

History. — Comp. §2, ch. 29834, 1955, provisions ol this section 
formerly contained in §381.03. 

381.031 Duties and powers of the board. — 

(1) It shall be the duty of the board to: 



381.252 Arthropod control laboratory; Indian 

River county. 

381.253 Stream sanitation control and research 

facility. 

381.261 Supervision; water supply and sewage 
disposal. 

381.271 Approval of water. 

381.281 Water supply and disposal system; ad- 
visory duty. 

381.291 Corrective orders; water and disposal 
systems. 

381.311 Regulations for municipal and county 
sanitation. 

381.321 Laboratories. 

381.331 Analyses; human, animal bodies. 

381.341 Insulin; purchase, distribution. 

381.351 State health officer to assume control 
in certain cases. 

381.361 Clinics; treatment of cancer. 

381.371 Cancer, educational program. 

381.381 Cancer patients; financial aid. 

381.401 Certain practitioners required to regis- 
ter with board; procedure; disposi- 
tion of fees. 

381.411 Penalties. 

381.422 Definitions; migrant labor camps. 

381.432 License required for establishment, 
maintenance or operation of migrant 
labor camp. 

381.442 Application for license. 

381.452 Issuance of license. 

381.462 Revocation of license. 

381.472 Authority to issue regulations. 

381.482 Right of entry. 

(a) Advise the state health officer in the 
performance of his duties and to formulate 
general policies affecting the public health of 
the state; 

(b) Supervise generally the enforcement of 
laws, rules and regulations relating to sanita- 
tion, control of communicable diseases among 
humans and from animals to humans, quaran- 
tine and the general health of the state; 

(c) Cooperate with and accept assistance 
from the surgeon general of the United States 
public health service and other appropriate 
federal officials in the enforcement of quaran- 
tine regulations, and in the prevention and 
suppression of communicable diseases; 

(d) Declare, enforce, modify, and abolish 
quarantine as the circumstances indicate; 

(e) Provide for a thorough investigation 
and study of the frequency of occurrence, 
causes and modes of propagation and means 
of prevention, control and cure of diseases 
among humans, and from animals to humans, 
especially communicable diseases, epidemic and 
otherwise ; 

(f) Provide for the dissemination of infor- 
mation to the public relative to the prevention 
and control of communicable diseases among 
humans and from animals to humans and the 
promotion and protection of the physical and 



Ch. 381 



STATE BOARD OF HEALTH 



Ch. 381 



mental health of the people of the state by 
means of printed matter, radio, lectures, ex- 
hibits and other media ; 

(g) Adopt, promulgate, repeal and amend 
rules and regulations consistent with law regu- 
lating : 

1. Control of communicable diseases; 

2. Prevention and control of public health 
nuisances ; 

3. Sanitary practices relating to drinking 
water made accessible to the public; water- 
sheds used for public water supplies; disposal 
of excreta, sewage or other wastes; the dis- 
posal of garbage and refuse; plumbing; rodent 
control; pollution of lakes, streams and other 
waters; drainage and filling in connection with 
the control of arthropods of public health im- 
portance; production, handling, processing, and 
sale of food products and drinks including 
milk, dairies and milk plants; canning plants, 
shellfish dealing and handling establishments, 
restaurants and all other places serving food 
and drink to the public; toilets and washrooms 
in all public places and places of employment; 
factories; trailer, tourist, recreation and other 
camps offering accommodations to the public; 
swimming pools and bathing places; state, 
county, municipal and private institutions serv- 
ing the public; jointly with the state board of 
education, public and privately owned schools; 
vehicles offering transportation to the public; 
all places used for the incarceration of pris- 
oners and inmates of state institutions for the 
mentally ill; and any other condition, place or 
establishment necessary for the control of com- 
municable diseases or the protection and safety 
(light and ventilation) of the public health. 

4. Control of arthropods of public health 
importance. 

5. Prescribe qualifications of operators of 
milk plants, water purification plants, sewage 
treatment plants and swimming pools; 

6. Segregation, quarantine and control of 
all animals and birds having, or suspected of 
having, diseases communicable to man; 

7. The pollution of the air where created on 
private property, in public places, by industrial 
waste disposal or sewage disposal or in any 
place or manner whatsoever. 

8. Nursing homes ; 

9. Practice of midwifery; 

10. Bedding inspection ; 

11. Disposal of dead bodies ; 

12. Execution of any other purpose or in- 
tent of the laws enacted for the protection of 
the public health of Florida. 

Regulations adopted under subparagraphs 2., 
3., 4., 5., 7., and 10., of this subsection shall be 
called and known as the sanitary code of 
Florida. 

(2) The board may maintain a mental 
health division or bureau which shall advise 
and assist local departments of health and edu- 
cation in the establishment of mental health 
services, particularly in connection with ma- 
ternal and child health conferences and in the 
schools of the state, and may conduct such 
other activities as may be required in the de- 



velopment of mental health services as related 
to the public health. 

(3) The board may issue, adopt, amend and 
repeal separate orders and rules consistent with 
law to meet any emergency not provided by 
the general rules and regulations for the pur- 
pose of suppressing nuisances dangerous to 
public health, communicable diseases and other 
dangers to the public and private health of the 
state. 

(4) The board may commence and main- 
tain all proper and necessary actions and pro- 
ceedings for any or all of the following pur- 
poses : 

(a) To enforce its rules and regulations. 

(b) 1. To make application for injunction 
to the proper circuit court and the judge of 
said court shall have jurisdiction upon hear- 
ing and for cause shown to grant a temporary 
or permanent injunction or both restraining 
any person from violating or continuing to 
violate any of the provisions of this chapter or 
from failing or refusing to comply with the 
requirements of this chapter, such injunction 
to issue without bond; provided, however, no 
temporary injunction without bond shall be 
issued except after a hearing of which the 
respondent or respondents has or have been 
given not less than seven days prior notice, 
and no temporary injunction without bond, 
which shall limit or prevent operations of an 
industrial, manufacturing or processing plant 
shall be issued, unless at the hearing, it shall 
be made to appear by clear, certain and con- 
vincing evidence that irreparable injury will 
result to the public from the failure to issue 
the same. 

2. In event of the issue of a temporary 
injunction or restraining order hereunder with- 
out bond, then this state, in event said in- 
junction or restraining order was improperly, 
erroneously or improvidently granted, shall be 
liable in damages and to the same extent as if 
said injunction or restraining order had been 
issued upon application of a private litigant in- 
stead of a public litigant, and the state hereby 
waives its sovereign immunity and consents to 
be sued in any such case. 

3. In addition to the authority granted by 
this law, the board may commence and maintain 
all proper and necessary actions and proceed- 
ings to enjoin and abate nuisances dangerous 
to the health of persons, fish and livestock. 

(c) To compel the performance of any act 
specifically required of any person, officer or 
board by any law of this state relating to 
public health. 

(d) To protect and preserve the public 
health. 

(e) It may defend all actions and proceed- 
ings involving its powers and duties. 

(5) It is the intent of this section that the 
board shall be a policy-making body and that 
the above duties, policies, rules and regulations 
of the board shall be carried out by and through 
the executive secretary and state health officer. 

History. — Comp. §2, ch. 29834. 1955, provisions of section 
partially contained in former §§381.15-381. 17, 381.35, 381.36, 
381.44, 381.49-381.52, 381.55; (4) (b) by §§1-3, ch. 57-787. 



Ch. 381 



STATE BOARD OF HEALTH 



Ch. 381 



381.041 State health officer. — The governor 
shall appoint a state health officer who shall 
be a graduate physician of a recognized and 
reputable medical college and who shall hold 
a certificate from the state board of medical 
examiners that he is qualified to practice medi- 
cine in Florida. Said state health officer shall 
be an expert in administrative public health 
work, in hygiene and sanitary science and in the 
diagnosis of communicable diseases. He shall 
hold said office for a term of four years, from 
effective date of appointment, and any vacancy 
shall be filled by appointment for the unex- 
pired term. He shall take an official oath be- 
fore entering upon his duties and shall give 
bond in an amount to be approved by the state 
comptroller. His salary shall be as provided 
by the legislature in the general appropria- 
tions act and when traveling on state business 
he shall receive traveling expenses as provided 
by law. 

History. — Comp. §2, oh. 29834, 1955, provisions of this section 
formerly contained In §§381.04, 381.09, 381.10. 
cf. — §112.061 Travel expenses of state officers and employees. 

381.051 Acting state health officer. — 

(1) Whenever the state health officer is ab- 
sent from his office for any period of time not 
to exceed thirty days on official business, va- 
cation or due to illness and deems it necessary 
for the proper functioning of his office, he 
shall designate a member of the medical staff 
of the board as acting state health officer. 

(2) When the state health officer is absent 
from his office for a period of time exceeding 
thirty days on official business, vacation or due 
to illness the board shall designate a member 
of the medical staff of the board to perform 
the duties of the office until the return of the 
state health officer or the office is declared 
vacant and a successor is appointed by the 
governor. 

History. — Comp. §2, ch. 29834, 1955. 

381.061 Duties of state health officer.— The 

state health officer shall be the executive sec- 
retary and chief administrative officer of the 
board, responsible for carrying out the direc- 
tives of and policies adopted by the board. It 
shall be his duty to: 

(1) Act as state registrar of vital statistics; 

(2) Attend and maintain the minutes of all 
meetings of the board, which minutes shall 
contain the decisions, policies, rules and regu- 
lations adopted, and all other official actions 
of the board and shall constitute his authority 
for administering the policies and directives of 
the board; 

(3) Administer and enforce laws, enforce 
rules and regulations relating to sanitation, 
control of communicable diseases in humans 
and from animals to humans, and the general 
health of the people of Florida; 

(4) Supervise and cooperate with munici- 
pal and county officials and employees in en- 
forcing the state health laws, rules and regu- 
lations promulgated by the board and consistent 
with local health regulations and ordinances ; 

(5) Cooperate with and assist federal health 



officers in the enforcement of public health 
laws and regulations; 

(6) Declare, enforce, modify and abolish 
quarantine as the circumstances may indicate; 

(7) Cooperate with other appropriate state, 
county, municipal, and private boards, depart- 
ments or organizations for the improvement 
and preservation of the public health ; 

(8) Subject to the approval of the board and 
within available appropriations appoint bureau 
and division heads ; and to appoint other agents 
or employees of the board subject to available 
appropriations; 

(9) Prepare annually for the approval of 
the board and presentation to the budget com- 
mission a budget of expenditures anticipated to 
be made by the board during the succeeding 
year. 

(10) Prepare and submit to the board for 
consideration proposed sanitary and public 
health rules and regulations and legislation. 

(11) Observe diligently the sanitary and 
public health conditions throughout the state 
and take necessary precautions to protect it in 
its sanitary and public health relations with 
other states and countries. 

(12) Perform any other duties prescribed 
by the law or directed by the board. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
partially contained in former {{381.05, 381.17, 381.19. 

381.062 Eminent domain. — Whenever the 
state board of health shall find it necessary to 
acquire private property for the use of said 
board and to be occupied by said board, the 
said board is empowered to exercise the power 
of eminent domain and to proceed to condemn 
said property in the manner provided by chap- 
ter 73. 

History. — Comp. {1, ch. 57-232. 

381.071 Regulations and ordinances super- 
seded. — The provisions of the rules and regu- 
lations adopted and promulgated by the board 
under the provisions of this chapter shall, as 
to matters of public health, supersede all regu- 
lations enacted by other state departments, 
boards or commissions, or ordinances and regu- 
lations enacted by municipalities; provided, no 
provision of this chapter shall be construed as 
altering or superseding any of the provisions set 
forth in chapters 502 and 503, or any rule or 
regulation adopted under the authority of said 
chapters. 

History. — Comp. {2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.53. 

381.081 Presumptions. — The authority, ac- 
tion and proceedings of the board and the state 
health officer and other agents of the board in 
enforcing the rules and regulations adopted by 
the board under the provisions of this chapter 
shall be regarded as judicial in nature and 
treated as prima facie just and legal. 

History. — Comp. §2, ch. 29834, 1955, provisions Of this section 
formerly contained in {381.54. 

381.091 Construction, rules and regulations. 

— Nothing contained in the rules and regula- 



Ch. 381 



STATE BOARD OF HEALTH 



Ch. 381 



tions adopted by the board under the provisions 
of this chapter shall be construed as limiting 
any duty or power of the board provided by 
the statute laws of Florida. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.57. 

381.101 Municipal regulations and ordi- 
nances. — Any municipality may enact, in man- 
ner prescribed by law, health regulations and 
ordinances not inconsistent with state public 
health laws and rules and regulations adopted 
by the board. 

History.— Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.53, 381.56. 

381.111 Power to enforce. — Any member of 
the board or any officer or agent of the board 
designated for the purpose may enforce any 
of the provisions of this chapter or any rule 
and regulation promulgated by the board un- 
der the provisions of this chapter. If necessary 
he may appear before any magistrate empow- 
ered to issue warrants in criminal cases and 
request the issuance of a warrant and said 
magistrate shall issue a warrant directed to 
any sheriff, deputy, constable or police officer 
to assist in any way to carry out the purpose 
and intent of this chapter. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.19. 

381.121 Enforcement; city and county offi- 
cers to assist. — It shall be the duty of every 
state and county attorney, sheriff, constable, 
police officer and other appropriate city and 
county officials upon request to assist the state 
health officer or any other agent of the board 
in the enforcement of the state health laws and 
the rules and regulations promulgated by the 
board under the provisions of this chapter. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.17. 

381.131 Board meetings. — Meetings of the 
board shall be held each year on the second 
Tuesday of February and other meetings may 
be called by the president of the board or the 
governor. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §§381.06-381.08. 

381.141 Compensation, board members. — 

When attending official meetings board mem- 
bers shall receive twenty-five dollars per day 
and traveling expenses as provided by law. 

History. — Comp. §2, ch. 29834, 1955, provisions for compensa- 
tion of board members formerly contained in §381.09. 
cf. — §112.061 Travel expenses of state officials and employees. 

381.151 Per diem; traveling expenses; 
agents and other employees. — Agents and em- 
ployees of the board when traveling on state 
business shall be allowed per diem and travel- 
ing expenses as provided by law. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained In §§381.09, 381.62. 
cf. — §112.061 Travel expenses of state officials and employees. 

381.171 Purchase, lease and sale of real 
property. — 

(1) The board may purchase, lease or other- 
wise acquire land and buildings and take a 
deed thereto in the name of the state, for the 
use and benefit of the board, subject to avail- 



able appropriations therefor, when the acqui- 
sition is necessary to the efficient accomplish- 
ment of the purposes of this chapter. 

(2) The board may sell, lease or convey in 
the name of the state for the use and benefit 
of the board, any land and buildings owned by 
the state for the use and benefit of the board 
which lands and buildings are no longer neces- 
sary for carrying out the purposes of this 
chapter. 

(3) Title is confirmed in the board to any 
real estate which has heretofore been conveyed 
or attempted to be conveyed to the board. 

History. — Comp. §2, ch. 29834, 1955, provisions of sub |(3) 
of this section formerly contained in §381.71. 

381.181 Expenditures. — All expenditures 
shall be certified by the state health officer and 
disbursement made by the state comptroller by 
warrant on the state treasurer except as other- 
wise provided in this chapter. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.11, 381-13. 

381.191 Revolving fund. — Subject to ap- 
proval of the state budget commission there 
shall be established under the supervision of 
the state comptroller from moneys appropri- 
ated for board expense a revolving fund in the 
amount of two thousand five hundred dollars 
to be used to defray current incidental ex- 
penses. Reimbursement shall be made only upon 
submission of written vouchers certified by the 
state health officer and presented to the state 
comptroller, audited and approved by him. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.14. 
cf. — §18.101 Revolving funds authorized. 

381.201 Application for and acceptance of 
gifts or grants. — The board may apply for and 
accept any funds, grants, gifts or services 
made available to it by any agency or depart- 
ment of the federal government or any other 
agency or private individual in aid of any pres- 
ent or future health program undertaken, main- 
tained or proposed. All moneys received under 
the provision of this section shall be deposited 
in the state treasury and shall be disbursed in 
the same manner as other funds of the board. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.161. 

381.211 Disposition of equipment and ma- 
terial; transfers to county health depart- 
ments. — 

(1) The board may exchange, sell or other- 
wise dispose of any obsolete, worn-out or un- 
suitable material or equipment which it owns 
when it deems such disposition to be to the 
financial benefit of the state. The proceeds from 
such disposition shall be submitted for deposit 
in the state treasury accompanied by an item- 
ized report of disposition made. 

(2) When the board purchases equipment 
and materials in furtherance of its public 
health programs from state or federal or state 
and federal funds for primary use and location 
in a county health department of this state, it 
is authorized to transfer title to such equip- 
ment and materials to the board of county 
commissioners of the county where said county 



Ch. 381 



STATE BOARD OF HEALTH 



Ch. 381 



health department is located. All property so 
transferred shall be accounted for as provided 
in chapter 274. 

History Comp. §2, ch. 29834, 1955, provisions of this section 

formerly contained In §381.42; §2, ch. 61-46. 

cf. — §18.101 Deposit of public money by boards not located In 

TQ,ll3jh3fSSGG 

§116.01 Payment of public funds Into treasury. 

381.221 Annual report. — The state health 
officer shall file with the governor an annual 
report of the activities and expenditures of the 
board and recommendations for improving the 
sanitation of the state and the health of its 
people, and this annual report shall be pub- 
lished like other reports of state officers. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained In §381.11. 

381.231 Report of communicable diseases to 
board. — 

(1) Any attending practitioner, licensed in 
Florida to practice medicine, osteopathic medi- 
cine, chiropractic, naturopathy or veterinary 
medicine, who diagnoses or suspects the exist- 
ence of a disease communicable among humans 
or from animals to humans shall immediately 
report the fact to the board. 

(2) Periodically the board shall issue a list 
of diseases determined by it to be communicable 
within the meaning of this chapter and shall 
furnish a copy of said list to the practitioners 
listed in subsection (1). 

(3) Reports required by this section shall 
be made on forms furnished by the board. 

(4) Information submitted in reports re- 
quired by this section is confidential and shall 
be made public only when necessary to public 
health. No report so submitted shall be con- 
sidered a violation of the confidential relation- 
ship between practitioner and patient. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.301. 

381.241 Quarantine regulations; commerce 
or travel. — No health regulation which restricts 
travel or trade within the state shall be pro- 
mulgated or enforced in this state except by 
authority of the board. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.31. 

381.251 Pollution control; underground wa- 
ter, lakes, etc. — The board and its agents shall 
have general control and supervision over un- 
derground water, lakes, rivers, streams, canals, 
ditches and coastal waters under the jurisdic- 
tion of the state insofar as their pollution may 
affect the public health or impair the interest 
of the public or persons lawfully using them. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.43. 

381.252 Arthropod control laboratory; In- 
dian River county. — 

(1) The state board of health shall con- 
struct, equip and maintain a separate building 
in Indian River county to test resistance in 
mosquitoes and other arthropods and carry out 
experimental work with chemicals, insecticides 
and other substances. 



(2) For the purpose set out in subsection 
(1), the sum of forty thousand dollars Is ap- 
propriated to the state board of health out of 
the general revenue fund. Any funds available 
from the federal government shall also be used 
according to law in the construction, equipping 
and operation of said building. 

History. — Comp. §§1, 2, ch. 57-234. 

381.253 Stream sanitation control and re- 
search facility. — 

(1) The Florida state board of health is 
hereby authorized to construct at a suitable 
location in central Florida a stream sanitation 
control and research facility to include chemi- 
cal, biological and entomological laboratories 
and offices adequate to house the existing 
blind mosquito research project, and a stream 
pollution control staff to serve central Florida. 

(2) A sum of seventy-five thousand dollars 
or such part thereof as may be required is ap- 
propriated from the general revenue fund to the 
state board of health for the purpose of paying 
the cost of site acquisition, building construc- 
tion, furnishings and equipment required to 
carry out the provisions of this section. 

History.— Comp. §§1, 2, ch. 57-732. 

381.261 Supervision; water supply and sew- 
age disposal. — The board and its agents shall 
have general supervision and control over all 
systems of water supply, sewerage, refuse and 
sewage treatment in the state insofar as their 
adequacy, sanitary and physical conditions af- 
fect the public health. 

History — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained In §381.43. 

381.271 Approval of water. — No county, mu- 
nicipality, person, persons, firm, corporation, 
company, public or private institution or com- 
munity of more than twenty-five inhabitants 
shall install a system of water supply, sewer- 
age, refuse or sewage disposal, or materially 
alter or extend any existing system until com- 
plete plans and specifications for the installa- 
tion, alterations or extensions, together with 
such other information as the board may re- 
quire have been submitted and approved by 
the board. The board may further make and 
enforce such specific rules and regulations re- 
garding the submission of plans for approval 
and record as it deems reasonable and proper 
to carry out the provisions of this section. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained In §381.44. 

381.281 Water supply and disposal system; 
advisory duty. — The board shall consult with 
and advise any county or municipal authority 
or any other person as to the source of water 
supply, methods of water purification, and dis- 
posal of drainage, sewage or refuse. It shall 
also advise and consult with any manufacturer 
or other person conducting a business or in- 
tending to conduct a business whose sewage, 
waste or waste products may tend to pollute 
the waters of this state. The board may con- 
duct experiments relating to purification of wa- 
ter and treatment of sewage, waste or refuse. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained in §381.45. 



Ch. 381 



STATE BOARD OF HEALTH 



Ch. 381 



381.291 Corrective orders; water and dis- 
posal systems. — When the board or its agents, 
through investigation, find that any system of 
water supply, sewerage, refuse or sewage dis- 
posal constitutes a nuisance or menace to the 
public health, it may issue an order requiring 
the owner to correct the improper condition. 

History. — Comp. {2, ch. 29834, 1955, provisions of this section 
formerly contained In (381.46. 

381.311 Regulations for municipal and coun- 
ty sanitation. — The board shall supervise and 
regulate municipal and county sanitation and 
shall exercise general supervision over the work 
of local health authorities. Local health offi- 
cials and other appropriate local officials con- 
currently with the board shall enforce the pro- 
visions of the state sanitary code and other 
public health rules and regulations and of such 
local ordinances and sanitary regulations as 
may be consistent with it. 

History. — Comp. §2, eh. 29834, 1955, provisions of this section 
formerly contained In (381.56. 

381.321 Laboratories. — The board may es- 
tablish and maintain in suitable and convenient 
places in the state laboratories for microbio- 
logical and chemical analyses and any other 
purposes it determines necessary for the pro- 
tection of the public health. 

History. — Comp. |2, ch. 29834, 1955. 

381.331 Analyses; human, animal bodies. — 

The state health officer shall have an analysis 
made of any part of the contents of the human 
body submitted by any Florida physician, state 
attorney, solicitor of criminal court or sheriff; 
or of any part of the contents of the body of 
any animal submitted by any agent of the state 
livestock board, any licensed Florida veteri- 
narian or sheriff to determine whether they 
may contain any foreign matter or poisonous 
drugs and shall furnish a certificate as to the 
results of the analysis to the person requesting 
the analysis. 

History. — Comp. (2, ch. 29834, 1955, provisions of this section 
formerly contained In {{381.60, 381.61. 

381.341 Insulin; purchase, distribution. — 

The board shall purchase and distribute in- 
sulin through its agents or other appropriate 
agent of the state or federal government in any 
county or municipality in the state to any bona 
fide resident of Florida suffering from dia- 
betes or kindred disease requiring insulin in 
its treatment who makes application for and 
furnishes proof of his financial inability to pur- 
chase in accordance with the rules and regu- 
lations promulgated by the board concerning 
the distribution of insulin. 

History. — Comp. {2, ch. 29834, 1955, provisions of this section 
formerly contained In {{381.63, 381.64. 

381.351 State health officer to assume con- 
trol in certain cases. — Whenever the state 
health officer investigates any suspicious case 
or cases of disease and determines the disease 
is contagious or infectious and a menace to 
public health, he and his agents shall assume 
charge and management, and all necessary and 
legitimate expenses attendant upon the case 



or cases of disease after charge and manage- 
ment has been assumed by the state health of- 
ficer and his agents may be paid out of funds 
appropriated to the board under provisions of 
the general appropriations act on vouchers ap- 
proved as provided by this chapter. 

History. — Comp. {2, ch. 29834, 1955, provisions of this section 
formerly contained In §381.29. 

381.361 Clinics; treatment of cancer. — The 

board shall formulate a plan for the care and 
treatment of persons suffering from cancer 
and establish and designate standard require- 
ments for the organization, equipment and con- 
duct of cancer units or departments in hospi- 
tals and clinics in Florida. The designations of 
cancer units shall follow a survey of the needs 
and facilities for treatment of cancer in the 
various localities throughout the state. 

History.— Comp. {2, ch. 29834, 1955, provisions of this section 
formerly contained in {381.68. 

381.371 Cancer, educational program. — The 

board shall formulate and put into effect a 
continuing educational program for the pre- 
vention of cancer and its early diagnosis, and 
disseminate information concerning its proper 
treatment to hospitals, cancer patients and the 
public. 

History.— Comp. (2, ch. 29834, 1955, provisions of this section 
formerly contained In {381.69. 

381.381 Cancer patients; financial aid. — 

The board shall make rules and regulations 
specifying to what extent and on what terms 
and conditions cancer patients of the state may 
receive financial aid for the diagnosis and 
treatment of cancer in any hospital or clinic 
selected. The board may furnish financial aid 
to citizens of Florida afflicted with cancer to 
the extent of the appropriation provided for 
that purpose in a manner which in its opinion 
will afford the greatest benefit to those af- 
flicted and make arrangements with hospitals, 
laboratories or clinics to afford proper care and 
treatment for cancer patients in Florida. 

History. — Comp. {2, ch. 29834, 1955. provisions of this section 
formerly contained in (381.70. 

381.401 Certain practitioners required to 
register with board; procedure; disposition of 
fees. — 

(1) Every person licensed to practice medi- 
cine pursuant to chapter 458, osteopathic medi- 
cine pursuant to chapter 459, chiropractic 
pursuant to chapter 460, chiropody pursuant to 
chapter 461, naturopathy pursuant to chapter 
462, and physical therapy pursuant to chapter 
486, shall, on or before January 1 of each year, 
apply to the board of health for a certificate of 
registration upon a form furnished by said 
board, and shall pay at such time a fee of one 
dollar. Such fee shall be deposited in the gen- 
eral revenue fund. The first application of regis- 
tration under this law shall be within sixty days 
after the issuance of the license, and shall be 
in writing and under oath that the information 
therein is true and correct. The applicant shall 
furnish the said board, on a form to be fur- 
nished by the board, his full name, post office 



Ch. 381 



STATE BOARD OP HEALTH 



Ch. 381 



and resident address, the date and number of 
his license, college or school from which he 
graduated, and the date of such graduation and 
such application shall be duly executed and 
verified, before an officer authorized to take 
acknowledgments, and filed with the said board. 
Registration subsequent to the first registra- 
tion need not be upon sworn application. The 
state board of health, on or before October 1 
of each year after the first registration, shall 
mail or cause to be mailed to each licensed 
practitioner, a blank form of application for 
registration, addressed to the last known post 
office address of such practitioner. The form 
of such application shall be the same for all 
practitioners and shall require the same in- 
formation from each practitioner thereof. The 
state board of health shall issue upon applica- 
tion therefor, a certificate of registration under 
the seal of the state for the year ensuing and 
ending December 31. Each licensed practitioner 
shall conspicuously display his proper registra- 
tion certificate in his office at all times. The 
board shall supply each county health depart- 
ment with the names of persons registered for 
the ensuing year whose post office and/or resi- 
dent address is in their county. 

(2) Any person or persons violating the pro- 
visions of this section shall be guilty of a mis- 
demeanor and upon conviction thereof shall 
be punished by a fine of not more than $100.00, 
or by imprisonment in the county jail for not 
more than sixty days, or by both such fine and 
imprisonment. 

History.— §§1-3, Ch. 29852, 1955; §1, eh. 61-129. 

381.411 Penalties. — 

(1) Any person who violates any of the 
provisions of this chapter, any quarantine or 
any rule or regulation promulgated by the 
board under the provisions of this chapter is 
guilty of a misdemeanor and subject to be pun- 
ished by imprisonment not exceeding six months 
or by fine not exceeding $1,000.00. 

(2) Any person who interferes with, hin- 
ders or opposes any agent, officer, or member 
of the board in the discharge of his duties is 
guilty of a misdemeanor and subject to be pun- 
ished by imprisonment not exceeding six months 
or by fine not exceeding $1,000.00. 

(3) Any person who maliciously dissemi- 
nates any false rumor or report concerning the 
existence of any infectious or contagious dis- 
ease is guilty of a misdemeanor and subject to 
be punished by imprisonment not exceeding six 
months or by fine not exceeding $1,000.00. 

(4) Any person who makes fraudulent ap- 
plication for and obtains insulin under the pro- 
visions of this chapter is guilty of a misde- 
meanor and subject to punishment as provided 
by law. 

History. — Comp. §2, ch. 29834, 1955, provisions of this section 
formerly contained In §§381.18, 381 JO, 381.21, 381.47, 381.58, 
381.59, 381.66. 

381.422 Definitions; migrant labor camps. — 

The following words and phrases shall mean: 
(1) "Migrant labor camp." — One or more 



buildings or structures, tents, trailers, or ve- 
hicles, together with the land appertaining 
thereto, established, operated or used as living 
quarters for fifteen or more seasonal, tempor- 
ary or migrant workers whether or not rent is 
paid or reserved in connection with the use or 
occupancy of such premises, provided however, 
this definition shall not apply to forestry or to- 
bacco farm operation. 

(2) "Board."— The state board of health. 

History.— 1 1, ch. 69-476. 

381.432 License required for establishment, 
maintenance or operation of migrant labor 
camp. — No person shall establish, maintain or 
operate any migrant labor camp in this state 
without first obtaining a license therefor from 
the board and unless such license is posted and 
kept posted in the camp to which it applies 
at all times during maintenance or operation of 
the camp. 

History.— §2, ch. 59-476. 

381.442 Application for license. — Applica- 
tion for a license to establish, operate or main- 
tain a migrant labor camp shall be made to 
the board in writing and on a form and under 
regulations prescribed by the board. The ap- 
plication shall state the location of the existing 
or proposed migrant labor camp, the approxi- 
mate number of persons to be accommodated, 
the probable duration of use and any other 
information the board may require. 

History.— §3, ch. 69-476. 

381.452 Issuance of license. — If the state 
health officer is satisfied, after causing an in- 
spection to be made, that the camp meets the 
minimum standards of construction, sanitation, 
equipment and operation required by regula- 
tions issued under §381.472, he shall issue in 
the name of the board the necessary license 
in writing on a form to be prescribed by the 
board. The license, unless sooner revoked, shall 
expire on June 30 next after the date of is- 
suance unless renewed, and it shall not be 
transferable. All applications for renewal shall 
be filed with the state health officer thirty 
days prior to its expiration on form blanks 
furnished by the board. 

History.— §4, ch. 59-476. 

381.462 Revocation of license. — The state 
health officer may revoke a license authorizing 
the operation of a migrant labor camp if he 
finds the holder has failed to comply with any 
provision of this law or of any regulation or 
order issued hereunder. 

History.— §5, ch. 69-476. 

381.472 Authority to issue regulations. — The 

board shall make, promulgate and repeal such 
rules and regulations as it may determine to 
be necessary to protect the health and safety 
of persons living in migrant labor camps, pre- 
scribing standards for living quarters at such 
camps, including provisions relating to con- 
struction of camps, sanitary conditions, light, 
air, safety, protection from fire hazards, equip- 
ment, maintenance and operation of the camp 



Ch. 381 



STATE BOARD OF HEALTH 



Ch. 381 



and such other matters as it may determine 
to be appropriate or necessary for the protec- 
tion of the life and health of occupants. Regu- 
lations adopted hereunder shall be a part of 
the sanitary code of Florida created by 
§381.031(1) (g) 12. and may be enforced in 
the manner provided in §381.031(4), and vio- 
lations thereof shall be subject to the penalties 
provided in §381.411. 

History.— §6, ch. 58-476. 



381.482 Right of entry. — The board and/or 
its inspectors may enter and inspect migrant 
labor camps at reasonable hours and investi- 
gate such facts, conditions, and practices or 
matters, as may be necessary or appropriate 
to determine whether any person has violated 
any provisions of this law or rules and regula- 
tions of the board pertaining hereto are being 
violated. The board may from time to time at 
its discretion publish the reports of such in- 
spections in its monthly bulletin. 

History.— $7, Cb. 59-478. 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



CHAPTER 382 
BUREAU OF VITAL STATISTICS 



382.01 Registration of vital statistics. 

382.02 Central bureau; clerical assistance; 

compensation. 

382.03 Registration districts established. 

382.04 Appointment of local registrars; terms 

of office; vacancies; penalty. 

382.05 Deputy registrars; sub-registrars. 

382.06 Burial or removal permit required. 

382.07 "Stillborn" child to be registered. 

382.08 Death certificate. 

382.09 Medical certificate. 

382.10 Where death occurs without medical 

attendance. 

382.11 Duty of undertaker. 

382.12 Casket dealers to make monthly reports. 

382.13 Form of burial or removal permit. 

382.14 Interment prohibited without burial 

permit; records of bodies interred. 

382.15 All births to be registered. 

382.16 Certificate of birth. 

382.17 Birth certificates; form; information to 

be recorded. 

382.18 Certificate of birth to show given name 

of child. 

382.19 Filing of certificates of birth, death, or 

stillbirth in cases where none was 
filed at time of birth, death or still- 
birth. 

382.20 State registrar may withhold filing of 

birth, death, or stillbirth certificates 
until proof is filed; certificates prima 
facie evidence. 

382.21 New or amended certificates of birth; 

duty of clerks of court, and state 
registrar. 

382.22 Substitution of new certificate of birth 

for original. 

382.23 Bureau of vital statistics to receive 

marriage licenses. 

382.24 County judges to transmit marriage li- 

cense fees monthly. 

382.25 Clerks of circuit courts to furnish bu- 

reau of vital statistics with record 
of divorces granted; fees. 

382.01 Registration of vital statistics. — 

The state board of health shall have charge 
of the registration of vital statistics; shall 
furnish forms and blanks for obtaining and 
preserving such records and shall procure the 
faithful registration of the same in each pri- 
mary registration district as constituted in 
§382.03 and in the central bureau of vital sta- 
tistics at the office of the state board of health. 
The said board shall be charged with the uni- 
form and thorough enforcement of the law 
throughout the state and shall from time to 
time recommend any additional legislation that 
may be necessary for this purpose. 

History.— §1, ch. 6892, 1915; RGS 2068; CQL 3268. 
Am. f 1, ch. 25372, 1949. 

382.02 Central bureau; clerical assistance; 
compensation. — The central bureau of vital 
statistics, which is authorized to be estab- 
lished by said board, shall be under the imme- 



382.26 Bureau of vital statistics to compile and 
preserve records of marriages and 
divorces. 

382.28 Bureau to prescribe and furnish mar- 

riage license forms. 

382.29 Bureau to keep accurate accounts and 

transmit funds monthly to state 
treasurer. 

382.30 Physicians, midwives, sextons, retail 

casket dealers and undertakers must 
register ; local registrars to make an- 
nual reports. 

382.31 Hospitals and almshouses required to 

keep records. 

382.32 State registrar to supply forms ; duties. 
382.321 State board of health to destroy cer- 
tain index cards. 

382.33 Duties of local registrar. 

382.34 Fees of local registrar. 

382.35 Disclosure of information, certified 

copies of birth certificates, birth 
cards, weight of copies as evidence, 
searches of records; fees; disposi- 
tion of fees. 

382.36 Local registrars charged with enforc- 

ing law. 

382.37 State registrar charged with executing 

law. 

382.38 State board of health rules. 

382.39 Penalties. 

382.40 Delayed birth certificates; jurisdiction 

of county judge; procedure and is- 
suance. 

382.41 Petition, contents. 

382.42 Petition, execution. 

382.43 Form of certificate. 

382.44 Judgment a public record. 

382.45 Appeals. 

382.46 Costs. 

382.47 Certified copies. 

382.48 Remedy cumulative. 

382.49 Correction of birth certificates. 

382.50 Microfilming and destroying obsolete 

correspondence and records. 

diate direction of the state health officer, who 
shall be, by virtue of his office, state registrar 
of vital statistics. The state board of health 
shall provide for such clerical and other as- 
sistants as may be necessary for the purposes 
of this chapter, and shall fix the compensation 
of persons thus employed, and shall provide 
for the bureau of vital statistics suitable offices, 
which shall be properly equipped with fireproof 
vault and filing cases for the permanent and 
safe preservation of all official records made 
and returned under this chapter. 

History.— §2, ch. 6892, 1915; RGS 2069; CGL 3269. 

382.03 Registration districts established. — 

For the purposes of this chapter the state shall 
be divided into registration districts as fol- 
lows: Each city and each incorporated town 
shall constitute a primary registration district; 
and for that portion of each county outside of 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



the cities and incorporated towns therein the 
state registrar shall define and designate the 
boundaries of a sufficient number of rural reg- 
istration districts, which districts he may 
change, divide or combine from time to time 
as may be necessary to insure the convenience 
and completeness of registration. 

History.— §3, ch. 6892. 1915; RGS 2070; CGL 3270. 

382.04 Appointment of local registrars; 
terms of office; vacancies; penalty. — The state 
registrar shall appoint a local registrar of vital 
statistics for each registration district in the 
state. The term of office of each local registrar 
so appointed shall be four years, and until his 
successor has been appointed and has quali- 
fied, unless such office shall sooner become va- 
cant by death, disqualification, operation of 
law, or other causes; provided, that in incor- 
porated towns or cities where health officers 
or other officials are, in the judgment of the 
state registrar, conducting effective registra- 
tion of births and deaths under local ordin- 
ances, such officials may be appointed as reg- 
istrars in and for such incorporated towns or 
cities, and shall be subject to the instructions 
of the state registrar, and to all of the provi- 
sions of this chapter. Any vacancy occurring 
in the office of local registrar of vital statistics 
shall be filled for the unexpired term by the 
state registrar. At least ten days before the 
expiration of the term of office of any such lo- 
cal registrar, his successor shall be appointed 
by the state registrar. 

Any local registrar who, in the judgment of 
the state registrar, fails or neglects to dis- 
charge efficiently the duties of his office as set 
forth in this chapter, or to make prompt and 
complete returns of births and deaths as re- 
quired thereby, shall be forthwith removed by 
the state registrar, and such other penalties 
may be imposed as are provided under §382.39. 

History.— §4, ch. 6892, 1915; RGS 2071; CGL 3271. 

382.05 Deputy registrars; sub-registrars. — 

Each local registrar shall, immediately upon 
his acceptance of appointment as such, appoint 
a deputy, who shall act in his stead in case of 
his absence or disability; and such deputy shall 
in writing accept such appointment, and be sub- 
ject to all instructions governing local regis- 
trars. And when it appears necessary for the 
convenience of the people in any district, the 
state registrar may appoint one or more suit- 
able persons to act as sub-registrars, who shall 
be authorized to receive certificates, to issue 
burial, removal, or other permits in and for 
such portions of the district as may be desig- 
nated; and each sub-registrar shall note, on 
each certificate, over his signature, the date of 
filing, and shall forward all certificates to the 
local registrar of the district within ten days, 
and in all cases before the third day of the fol- 
lowing month; provided, that such sub-reg- 
istrar shall be subject to the supervision and 
control of the state registrar, and may be by 
him removed for neglect or failure to perform 
his duty in accordance with the provisions of 
this chapter or the instructions of the state 



registrar, and shall be subject to the same pen- 
alties for neglect of duty as the local registrar. 

History.— §4. ch. 6892. 1915: KGS 2072: CGL, 3272. 

382.06 Burial or removal permit required.— 

The body of any person whose death occurs in 
this state, or which shall be found dead therein, 
shall not be interred, deposited in a vault or 
tomb, cremated or otherwise disposed of, or re- 
moved from or into any registration district, 
or be temporarily held pending further disposi- 
tion more than seventy-two hours after death, 
unless a permit for burial, removal, or other dis- 
position thereof shall have been properly issued 
by the local registrar of the registration district 
in which the death occurred or the body was 
found. And no such burial or removal permit 
shall be issued by any registrar until, wherever 
practicable, a complete and satisfactory certificate 
of death has been filed with him as hereinafter 
provided; provided, that when a dead body is 
transported from outside the state into a regis- 
tration district in Florida for burial, the transit 
or removal permit issued in accordance with the 
law and health regulations of the place where 
the death occurred, shall be given the same 
force and effect as a local burial or removal 
permit and no other permit shall be required. 
No local registrar shall receive any fee for the 
issuance of burial or removal permits under 
this chapter other than the compensation pro- 
vided in §382.34. 

History.— §5, ch. 6892, 1915; KGS 2073; CGL 3273. 
Am. §2, ch. 25372, 1949. 

382.07 "Stillborn" child to be registered. — 

A fetus showing no evidence of life after com- 
plete birth (no action of heart, breathing, or 
movement of voluntary muscle), if the twentieth 
week of gestation has been reached, should be 
registered as a stillbirth. A stillbirth certificate 
in the form prescribed by the national agency 
in charge of vital statistics shall be filed with 
the local registrar in the same manner as a cer- 
tificate of death. The medical certificate of the 
cause of stillbirth shall be signed by the at- 
tending physician, if any, and shall state the 
cause of the stillbirth, if known, whether a pre- 
mature delivery and the period of gestation, if 
known, and a burial or removal permit of the 
prescribed form shall be required. Midwives 
shall not sign certificates for stillborn children; 
but such cases and stillbirths occurring without 
medical attendance of a physician shall be treat- 
ed as deaths without medical attendance as pro- 
vided for in §382.10. 

History.— §6, ch. 6892, 1915; RGS 2074; CGL 3274. 
Am. §3, ch. 25372, 1949. 

382.08 Death certificate. — The certificate of 
death shall contain all of the information re- 
quired by the standard certificate as recom- 
mended by the national agency in charge of 
vital statistics, all of the items of which are 
declared necessary for the legal, social, and 
sanitary purposes subserved by registration 
records. The personal and statistical particu- 
lars shall be authenticated by the signature 
of the informant, who may be any competent 
person acquainted with the facts. The state- 
ment of facts relating to the disposition of 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



the body shall be signed by the undertaker 
or person acting as such. 

History.— §7, ch. 6892, 1915; RGS 2075; CGL 8276. 
Am. §4, ch. 25372, 1949. 

382.09 Medical certificate. — The medical 
certificate shall be made and signed by the 
physician, if any, last in attendance on the de- 
ceased, who shall specify the time in attend- 
ance, the time he last saw the deceased alive 
and the hour of the day at which death oc- 
curred ; and he shall further state the cause of 
death, so as to show the course of disease or 
sequence of causes resulting in the death, giv- 
ing first the name of the disease causing death 
(primary cause), and the contributory (secon- 
dary) cause, if any, and the duration of each. 
Indefinite and unsatisfactory terms, denoting 
only symptoms of disease or conditions result- 
ing from disease, will not be held sufficient for 
the issuance of a burial or removal permit; 
and any certificate containing only such terms, 
as defined by the state registrar, shall be re- 
turned to the physician or person making the 
medical certificate for correction and more 
definite statement. Causes of death which may 
be the result of either disease or violence shall 
be carefully defined ; and if from violence, the 
means of injury shall be stated, and whether 
(probably) accidental, suicidal, or homicidal. 
And for deaths in hospitals, institutions, or of 
non-residents, transients, or recent residents, 
the physician shall supply the information re- 
quired under this head, if he is able to do so, 
and may state where, in his opinion, the disease 
was contracted. 

History.— §7, ch. 6892, 1915; RGS 2076; CGL 3276. 

382.10 Where death occurs without medical 
attendance. — In case of any death occurring 
without medical attendance, the undertaker, or 
other person to whose knowledge the death may 
come, shall notify the local registrar of such 
death, and when so notified the registrar shall, 
prior to the issuance of the permit, inform the 
local health officer and refer the case to him for 
immediate investigation and certification; pro- 
vided, that when the local health officer is not 
a physician, or when there is no such official, 
and in such cases only, the registrar is author- 
ized to make the certificate and return from 
the statement of relatives or other persons 
having adequate knowledge of" the facts; pro- 
vided, further, that if the undertaker, or per- 
son acting as such, or the registrar, has reason 
to believe that the death may have been due to 
unlawful act or neglect, the registrar shall 
then refer the case to the coroner or other 
proper officer for his investigation and certifi- 
cation; and the coroner or other proper officer 
whose duty it is to hold an inquest on the body 
of any deceased person, shall make the certifi- 
cate of death required for a burial permit, 
and state in his certificate the name of the 
disease causing death, or if from external 
causes, (1) the means of death; and (2) 
whether (probably) accidental, suicidal, or 
homicidal ; and shall, in any case, furnish such 
information as may be required by the state 



registrar in order properly to classify the 
death. 

History.— §8, ch. 6892, 1915; RGS 2077; CGL 3277. 

382.11 Duty of undertaker. — The undertaker 
or person acting as undertaker, shall file the 
certificate of death or stillbirth with the local 
registrar of the district in which the death or 
stillbirth occurred and obtain a burial, re- 
moval, or other permit prior to any disposition 
of the body. He shall obtain the required 
personal and statistical particulars from the 
person best qualified to supply them over the 
signature and address of his informant. He 
shall then present the certificate to the at- 
tending physician, if any, or to the health offi- 
cer or coroner, as directed by the local regis- 
trar, for the medical certificate of the cause 
of death or stillbirth and other particulars 
necessary to complete the record, as specified 
in §§382.08-382.10; and he shall then state the 
facts required relative to the date and place 
of burial, other disposition, or removal, over 
his signature and with his address, and present 
the complete certificate to the local registrar 
in order to obtain a permit for burial, removal, 
or other disposition of the body. The under- 
taker shall deliver the burial permit to the 
person in charge of the place of burial, before 
interring or otherwise disposing of the body; 
or shall attach the removal and transit permit 
to the box containing the corpse, when shipped 
by any transportation company; said permit to 
accompany the corpse to its destination, where, 
if within the state, the removal permit shall 
be delivered to the person in charge of the 
place of burial. 

History.— §9, ch. 6892, 1915; RGS 2078; CGL 3278; am. 
§7, Ch. 22858, 1945; §5, Ch. 25372, 1949. 

382.12 Casket dealers to make monthly re- 
ports. — Every person selling a casket shall keep 
a record showing the name of the purchaser, 
purchaser's post office address, name of de- 
ceased, date of death, place of death, and color 
or race of deceased, which record shall be open 
to inspection of the state registrar at all times. 
On the first day of each month the person sell- 
ing caskets shall report to the state registrar 
each sale for the preceding month, on a blank 
provided for that purpose; provided, however, 
that no person selling caskets to dealers or un- 
dertakers only shall be required to keep such 
record, nor shall such report be required from 
undertakers when they have direct charge of 
the disposition of a dead body. 

Every person selling a casket at retail, and 
not having charge of the disposition of the 
body, shall inclose within the casket a notice 
furnished by the state registrar calling atten- 
tion to the requirements of the law, and a blank 
certificate of death. 

History.— §9, ch. 6892, 1915; RGS 2079; CGL S279. 

382.13 Form of burial or removal permit. — 

If the interment, or other disposition of the 
body is to be made within the state, the word- 
ing of the burial or removal permit may be lim- 
ited to a statement by the registrar, and over 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



his signature, that a satisfactory certificate of 
death having been filed with him, as required 
by law, permission is granted to inter, remove, 
or dispose otherwise of the body, upon the 
form prescribed by the state registrar. 

History.— §10, ch. 6892, 1915; RGS 2080; CGL 3280. 

382.14 Interment prohibited without burial 
permit; records of bodies interred. — No person 
in charge of any premises on which interments, 
or other dispositions are made shall inter or 
permit the interment or other disposition of any 
body unless it is accompanied by a burial, other 
disposition, or removal permit as herein pro- 
vided. Any such person shall endorse upon the 
permit the date of interment, or other disposi- 
tion, over his signature, and shall return all per- 
mits so endorsed to the local registrar of his 
district within ten days from the date of inter- 
ment or other disposition. He shall keep a rec- 
ord of all bodies interred or otherwise disposed 
of on the premises under his charge in each case 
stating the name and color or race of each de- 
ceased person, place of death, date of burial or 
disposal, and name and address of the under- 
taker; which record shall at all times be open to 
official inspection ; provided, that the undertaker 
or person acting as such, when burying a body 
in a cemetery or burial grounds having no per- 
son in charge, shall sign the burial or removal 
permit, giving the date of burial, and shall write 
across the face of the permit the words "No 
person in charge," and file the burial or removal 
permit within ten days with the registrar of 
the district in which the cemetery is located. 
Permits filed with the local registrar under the 
provisions of this section may be destroyed by 
the official custodian after the expiration of 
three years from the date of such filing. 

History.— J 11, ch. 6892, 1915; RGS 2081; CGI, 3281. 
Am. §6, Ch. 25372, 1949. 

382.15 All births to be registered.— The 

birth of each and every child born in this state 
shall be registered as hereinafter provided. 

History. — §12, ch. 6892, 1915; RGS 2082; CGL 3282. 

382.16 Certificate of birth.— Within ten days 
after the date of each birth there shall be filed 
with the local registrar of the district in which 
the birth occurred a certificate of such birth, 
as provided in §382.17. 

In each case where a physician, midwife, or 
person acting as midwife, was in attendance 
upon the birth, it shall be the duty of such 
physician, midwife or person acting as mid- 
wife, to file in accordance herewith the cer- 
tificate herein contemplated. 

In each case where there was no physician, 
midwife or person acting as midwife, in attend- 
ance upon the birth, the father or mother of 
the child, the householder or owner of the 
premises where the birth occurred, or the man- 
ager or superintendent of the public or private 
institution where the birth occurred, each in 
the order named, within ten days after the date 
of such birth, shall report to the local regis- 
trar the fact of such birth. In such case and 
in case the physician, midwife, or person act- 
ing as midwife, in attendance upon the birth is 



unable, by diligent inquiry, to obtain any item 
or items of information on the certificate of 
birth, the local registrar shall secure from the 
person so reporting, or from any other person 
having knowledge, such information as will en- 
able him to prepare the certificate of birth 
herein contemplated, and the person reporting 
the birth or who may be interrogated in rela- 
tion thereto shall answer correctly and to the 
best of his knowledge all questions put to him 
by the local registrar which may be calculated 
to elicit any information needed to make the 
complete record of the birth as contemplated, 
and the informant as to any statement made in 
accordance herewith shall verify such state- 
ment by his signature. 

History.— §13, ch. 6892, 1915; RGS 2083; CGL 3283. 

382.17 Birth certificates; form; information 
to be recorded. — 

(1) The original certificate of birth shall 
contain all of the information required by the 
standard certificate as recommended by the na- 
tional agency in charge of vital statistics, all of 
the items of which are declared necessary for 
the legal, social and sanitary purposes sub- 
served by registration records, provided, how- 
ever, that all information concerning legitimacy 
status and medical details shall be recorded on 
a separate section of the original birth certifi- 
cate, which portion of said birth certificate after 
having been processed for statistical and health 
purposes shall not be open to inspection by 
nor shall certified copies of the same be issued 
to any person other than the registrant, if of 
legal age, or upon the order of any court of 
competent jurisdiction. 

(2) A birth certificate shall be filed for 
every child of unknown parentage and shall 
show all known or approximate facts relating to 
the birth. To assist in later identification, in- 
formation concerning the place and circum- 
stances under which the said child was found 
shall be filed on the portion of the original birth 
certificate relating to legitimacy status and 
medical details. In the event said child is iden- 
tified to the satisfaction of the registrar, at any 
subsequent time a new birth certificate shall be 
prepared which will bear the same number as 
the original certificate and the original certifi- 
cate shall, thereupon, be sealed and filed and 
shall not be opened to inspection nor shall cer- 
tified copies of the same be issued to any person 
other than the registrant, if of legal age, or up- 
on the order of any court of competent jurisdic- 
tion. 

(3) All original, new or amendatory certifi- 
cates of birth shall be identical in form, color, 
size, wording and arrangement of items, except 
delayed certificates of birth which shall be on 
such form as the state registrar may provide. 
No distinction shall be made between the birth 
certificate of a legitimate, illegitimate, adopted 
or unknown parentage child. 

History.— §14, ch. 6892, 1915; RGS 2084; CGL 3284. 
Am. §7, ch. 25372, 1949. 

382.18 Certificate of birth to show given 
name of child. — 

(1) When any certificate of birth of a living 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



child is presented without the statement of the 
given name, then the local registrar shall make 
out and deliver to either parent of the child a 
special blank for supplemental report of the 
given name of the child which will be filled out 
as directed and returned to the local registrar 
as soon as the child shall have been named. 

(2) The mother of a child born out of 
wedlock should enter on the birth certificate 
the surname by which she desires the child 
to be known. The registrar, upon presenta- 
tion of proof that said child has acquired 
another name through usage, court order or 
otherwise, shall correct the original birth cer- 
tificate as hereinafter provided for to show 
the name by which said child is known. 

History.— §15, ch. 6892, 1915; BGS 2085; COL 3285. 
Am. §8, ch. 25372, 1949. 

382.19 Filing of certificates of birth, death, 
or stillbirth in cases where none was filed at 
time of birth, death or stillbirth. — If at any 

time after the birth, death or stillbirth of any 
person within the state, a copy of the official 
record or portion thereof of said birth, death, 
or stillbirth be necessary and, after search by 
the state registrar or his representative, it 
should appear that no such certificate of birth, 
death or stillbirth was made or filed, the phy- 
sician, midwife or undertaker responsible for 
the report, or father, mother, older brother, 
or sister, or other person knowing the facts, 
may file with the central bureau of vital sta- 
tistics, such certificate of birth, death or still- 
birth, together with such sworn statements 
and affidavits as the state registrar may require. 

Historv.— §2, ch. 13864, 1929; CGL 1936 Supp. 3301(2). 
Am. §9, ch. 25372, 1949. 

382.20 State registrar may withhold filing 
of birth, death, or stillbirth certificates until 
proof is filed; certificates prima facie evi- 
dence. — The state registrar may require such 
affidavits to be presented and such proof to 
be filed as he may deem advisable or necessary 
to establish the truth of the facts endeavored 
to be made or recorded by the certificate and 
may withhold filing of the birth, death, or still- 
birth certificate involved until his requirements 
are complied with. Certificates filed and ac- 
cepted under this section and §382.19 shall 
be admissible in evidence as prima facie evi- 
dence of the facts recited therein with like 
force and effect as other vital statistics records 
are received or admitted in evidence. The state 
registrar may make and enforce appropriate 
rules and regulations to carry out this section 
and to prevent fraud and deception being com- 
mitted under same. 

History.— §3, ch. 13864, 1929; CGL 1936 Supp. 3301(3). 
Am. §10, ch. 25372, 1949. 

382.21 New or amended certificates of birth; 
duty of clerks of court, and state registrar. — 

The clerk of the court in which any proceeding 
for legitimation, adoption or annulment of an 
adoption shall be filed, shall within thirty days 
after the final disposition thereof forward to the 
state registrar of vital statistics a report of said 
proceedings upon a form to be furnished by the 
state registrar, which form shall contain suffici- 



ent information to identify the original birth 
certificate of the child and to enable an amend- 
atory or new birth certificate to be prepared. 

(1) ADOPTION.— Upon receipt of the re- 
port of an adoption from a clerk of the court, 
as heretofore provided for, or upon receipt of a 
certified copy of a final decree of adoption, to- 
gether with all necessary information, from any 
registrant or adoptive parent of a registrant, 
the state registrar shall make and file a new 
birth certificate, which certificate shall bear the 
same file number as the original birth certificate. 
All names and statistical particulars entered on 
the new certificate shall refer to the adoptive 
parents but nothing in said certificate shall re- 
fer to or designate said parents as being adop- 
tive. The question of legitimacy shall be answer- 
ed in the affirmative. All other items not affect- 
ed by adoption shall be copied as on the original 
certificate, including the date of filing. 

(2) LEGITIMATION.— Upon receipt of the 
report of a legitimation from a clerk of the 
court, as heretofore provided for, or upon re- 
ceipt of a certified copy of a final decree or 
judgment of legitimation, together with all nec- 
essary information from a registrant or the 
parent or parents of a registrant, or upon re- 
ceipt of evidence of the marriage of the parents 
of a person subsequent to the birth of said per- 
son, the state registrar shall make and file a 
new birth certificate, which certificate shall 
bear the same file number as the original birth 
certificate. The names and statistical particu- 
lars shall be entered as of the date of birth but 
as though the parents were married at that 
time. The question of legitimacy shall be an- 
swered in the affirmative. 

(3) ANNULMENT OF ADOPTION.— Upon 
receipt of the report of an annulment of an 
adoption from the clerk of the court, as hereto- 
fore provided for, or upon receipt of a certified 
copy of a final decree, or judgment of the annul- 
ment of adoption, the state registrar shall, if a 
new certificate of birth was made and filed, 
based upon an adoption order, remove such new 
certificate and restore the original certificate to 
its original place in the files and the certificate 
so removed shall then be destroyed by the 
registrar. 

(4) DUTY OF STATE REGISTRAR UPON 
RECEIPT OF REPORTS ON CHILDREN NOT 
BORN IN THIS STATE.— Upon receipt of a re- 
port of an adoption, legitimation or annulment 
of an adoption from a clerk of the court, as 
hereinbefore provided for, in which report it af- 
firmatively appears that the person involved 
was born in a state other than the state of Flor- 
ida, it shall be the duty of the state registrar to 
forward a copy of such report to the state reg- 
istrar or comparable official of the state in 
which said person was born. 

(5) CORRECTION OF BIRTH RECORDS.— 
A person whose birth is recorded in this state 
may request the state registrar to correct any 
misstatement or errors occurring in said birth 
record, upon presentation of proof satisfactory 
to the state registrar. 

History.— §1, ch. 19063, 1939; CGL 1940 Supp. 3301(4); 
§1, Ch. 22016, 1943; §11, ch. 25372, 1949. 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



382.22 Substitution of new certificate of 
birth for original. — When a new certificate of 
birth is made, the state registrar shall sub- 
stitute the new certificate of birth for that on 
file in the state bureau of vital statistics of 
the state board of health, and shall place the 
original certificate of birth and all papers 
pertaining thereto under seal, not to be broken 
or opened except by decree, judgment or order 
of a court of competent jurisdiction; or at 
the instance and request of the person whose 
birth is the subject of the said certificate of 
birth; provided, however, that before any such 
person shall be entitled to have the seal broken 
and the record opened without order of court, 
he or she shall first identify himself or her- 
self to the satisfaction of the state registrar. 
Thereafter, when a certified copy of the cer- 
tificate of birth of such person or portion 
thereof is issued, it shall be a copy of the 
new certificate of birth or portion thereof, ex- 
cept when an order, judgment or decree of 
a court of competent jurisdiction shall require 
the issuance of a copy or certified copy or the 
original certificate of birth, or except when 
such copy of the original certificate shall be 
requested by the person whose birth is the 
subject of the said certificate, such person hav- 
ing first furnished satisfactory evidence of 
identity as is hereinabove provided. 

History.— §2, ch. 19063, 1939; CGL 1940 Supp. 3301 (5). 
Am. §12, ch. 25372, 1949. 

382.23 Bureau of vital statistics to receive 
marriage licenses. — Upon the return of each 
marriage license to the issuing county judge, 
as provided and issued under chapter 741, the 
issuing county judge shall forthwith record the 
same, and shall, on or before the fifth day of 
each month, transmit all the original licenses 
with endorsements thereon, received by him dur- 
ing the preceding calendar month, to the bureau 
of vital statistics; provided that as to any mar- 
riage licenses issued and not returned to the 
issuing county judge or any marriage licenses 
returned to the issuing county judge and not 
recorded by him so as to be transmitted to the 
bureau of vital statistics, as in this section pro- 
vided, such issuing county judge shall report 
the same to the said bureau at the time of 
transmitting the recorded licenses on the forms 
to be prescribed and furnished by said bureau; 
provided further, that if no marriage licenses 
are issued or returned to the issuing county judge 
to be transmitted or reported to said bureau, 
as by this section provided, said issuing county 
judge shall report such fact to said bureau upon 
forms prescribed and furnished by it. 

History.— §2, ch. 11869, 1927; CGL 3295, 5852. 

382.24 County judges to transmit marriage 
license fees monthly. — On or before the fifth 
day of each month each of the several county 
judges of the state shall transmit to the bu- 
reau of vital statistics seventy-five cents of 
each one dollar collected by him under the 
provisions of §741.02, during the preceding 
calendar months, retaining the remaining twen- 
ty-five cents, of each one dollar so collected, as 



his compensation. 

History.— §3, ch. 11869, 1927; CGL 3296. 

382.25 Clerks of circuit courts to furnish 
bureau of vital statistics with record of divorc- 
es granted; fees. — On or before the fifth day 
of each month, the several clerks of the circuit 
courts of the state, shall transmit to the bu- 
reau of vital statistics, on forms prescribed 
and furnished by it, a record of each and 
every decree of divorce granted by said courts 
during the preceding calendar month, giving 
names of parties and such other data as re- 
quired by such forms; twenty-five cents, the 
cost of such reports, to be taxed as a part of 
the cost in the cause in which the decree is 
granted, the same to be collected by said clerk 
as such. 

History.— §4, ch. 11869, 1927; CGL 3297. 

382.26 Bureau of vital statistics to compile 
and preserve records of marriages and divorces. 

— The records of marriages and divorces ob- 
tained under the provisions of §§382.23 and 
382.25 shall be compiled, kept and preserved as 
are other vital statistics under the provisions of 
this chapter. 

History.— §5, Ch. 11869, 1927; CGL 3298. 

382.28 Bureau to prescribe and furnish mar- 
riage license forms. — All forms used in the is- 
suance of marriage licenses in this state shall 
be prescribed and furnished by the bureau of 
vital statistics. 

History.— §7, ch. 11869, 1927; CGL 3300. 

382.29 Bureau to keep accurate accounts 
and transmit funds monthly to state treasurer. 

— A true and correct account of all sums 
transmitted to the bureau of vital statistics 
by the several county judges of the state, 
under the provisions of §382.24, shall be 
kept by said bureau and said bureau shall 
each month transmit such funds so received by it 
to the state treasurer; the state treasurer shall 
place such funds so transmitted to him to the 
credit of the general revenue funds and suf- 
ficient monies shall be appropriated by the 
biennial appropriations act for the efficient 
administration of this chapter. 

History.— §8, ch. 11869. 1927; CGL 3301. 
§14, ch. 25372, 1949; am. §64, ch. 26869, 1951. 

382.30 Physicians, midwives, sextons, re- 
tail casket dealers and undertakers must reg- 
ister; local registrars to make annual reports. 

— Every physician, midwife, sexton, retail casket 
dealer, and undertaker shall, without delay, reg- 
ister his or her name, address and occupation 
and color or race, with the local registrar of the 
district in which he or she resides or may here- 
after establish a residence, and shall thereupon 
be supplied by the local registrar with a copy 
of this chapter, together with such instructions 
as may be prepared by the state registrar rela- 
tive to its enforcement. Within thirty days 
after the close of each calendar year each local 
registrar shall make a return to the state reg- 
istrar of all physicians, midwives, sextons, retail 
casket dealers, or undertakers who have regis- 
tered in his district during the whole or any 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



part of the preceding calendar year; provided, 
that no fee or other compensation shall be 
charged by local registrars to physicians, mid- 
wives, sextons, retail casket dealers, or under- 
takers for registering their names under this 
section or making returns thereof to the state 
registrar. 

History.— §16, ch. 6892, 1915; BGS 2086; CGL 3286; am. §7, 
ch. 22858, 1945. 

382.31 Hospitals and almshouses required 
to keep records. — All superintendents or man- 
agers, or other persons in charge of hospitals, 
almshouses, lying in or other institutions, pub- 
lic or private, to which persons resort for treat- 
ment of diseases, confinement, or are committed 
by process of law, shall make a record of all the 
personal and statistical particulars relative to 
the inmates of their institutions, which are re- 
quired in the forms of the certificates provided 
for by this chapter, as directed by the state reg- 
istrar; and in case of persons admitted or com- 
mitted for treatment of disease, the physician 
in charge shall specify for entry in the record, 
the nature of the disease, and where, in his opin- 
ion, it was contracted, or if injured the nature 
and cause thereof. The personal particulars and 
information required by this section shall be ob- 
tained from the individual himself if it is prac- 
ticable to do so; and when they cannot be so 
obtained, they shall be obtained in as complete 
a manner as possible from relatives, friends, or 
other persons acquainted with the facts. 

History.— 117, ch. 6892, 1915; BGS 2087; CGL 3287; am. 
§7, ch. 22000, 1943. 

382.32 State registrar to supply forms; du- 
ties. — The state registrar shall prepare, print 
and supply to all registrars all blanks and 
forms used in registering, recording, and pre- 
serving the returns, or in otherwise carrying 
out the purposes of this chapter; and shall 
prepare and issue such detailed instructions as 
may be required to procure the uniform ob- 
servance of its provisions and the maintenance 
of a perfect system of registration; and no 
other blanks shall be used than those supplied 
by the state registrar. He shall carefully ex- 
amine the certificates received monthly from 
the local registrars, and if any such are in- 
complete or unsatisfactory he shall require 
such further information to be supplied as 
may be necessary to make the record complete 
and satisfactory. And all physicians, midwives, 
informants, or undertakers, and all other per- 
sons having knowledge of the facts, are re- 
quired to supply, upon a form provided by 
the state registrar or upon the original cer- 
tificate, such information as they may possess 
regarding any birth, death, or stillbirth, upon 
demand of the state registrar, in person, by 
mail or through the local registrar. The state 
registrar shall further arrange, bind and per- 
manently preserve the certificates in a sys- 
tematic manner. He shall inform all regis- 
trars what diseases are to be considered in- 
fectious, contagious, or communicable and dan- 
gerous to the public health, as decided by the 
state board of health, in order that when deaths 
occur from such diseases proper precautions 



may be taken to prevent their spread. 

History.— §18, ch. 6892, 1915; BGS 2088; CGL 3288. 
Am. §15, ch. 25372, 1949. 

382.321 State board of health to destroy cer- 
tain index cards. — The state board of health is 
hereby authorized to destroy the card index it 
is required to prepare and maintain by §382.32, 
after the information thereon has been per- 
manently recorded in bound index books and 
verified. 

History.— §1, ch. 22624, 1945. 

382.33 Duties of local registrar. — Each local 
registrar shall supply blank forms to such per- 
sons as require them. Each local registrar shall 
carefully examine each certificate of birth, death, 
or stillbirth when presented for record, in order 
to ascertain whether or not it has been made out 
in accordance with the provisions of this chap- 
ter and the instructions of the state registrar; 
and if any certificate of death or stillbirth is 
incomplete or unsatisfactory shall call attention 
to the defect in the return, and to withhold the 
burial, removal or other permit until such de- 
fects are corrected. All certificates, either of 
birth, death, or stillbirth, shall be typewritten 
or written legibly in permanent black ink, and no 
certificate shall be held to be complete and cor- 
rect that does not supply all of the items of in- 
formation called for therein, or satisfactorily 
account for their omission. If the certificate of 
death or stillbirth is properly executed and com- 
plete, he shall then issue a burial, removal or 
other permit to the undertaker or the person 
acting as such ; provided, that in case the death 
occurred from some disease which is held by 
the state board of health to be infectious, con- 
tagious, or communicable and dangerous to the 
public health, no permit for the removal or other 
disposition of the body shall be issued by the 
registrar, except under such conditions as may 
be prescribed by the state board of health. If a 
certificate of birth is incomplete the local regis- 
trar shall immediately notify the informant, and 
require him or her to supply the missing items 
of information if they can be obtained. He shall 
sign his name as registrar in attestation of the 
date of filing in his office. He shall also make 
and preserve a local record of each birth, each 
death, and each stillbirth certificate registered 
by him, in such manner as directed by the state 
registrar. And he shall, on the fifth day of 
each month, transmit to the state registrar all 
original certificates registered by him for the 
preceding month. And if no births or deaths 
or no stillbirths occurred in any month he shall, 
on the fifth day of the following month, report 
that fact to the state registrar, on a card pro- 
vided for such purpose. 

History.— §19, ch. 6892, 1915; BGS 2089; CGL 3289. 
Am. §16, ch. 25372, 1949. 

382.34 Fees of local registrar. — Each local 
registrar shall be paid the sum of twenty-five 
cents for each birth certificate, each death cer- 
tificate, and each stillbirth certificate properly 
and completely made out and registered with him, 
and correctly recorded and promptly returned 
by him to the state registrar as required by this 



Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



chapter. And in case no births, no deaths, or 
no stillbirths were registered during the month, 
the local registrar shall be entitled to be paid 
the sum of twenty-five cents for each report to 
that effect, but only if such report be made 
promptly as required by this chapter. All 
amounts payable to a local registrar under the 
provisions of this section shall be from the 
biennial appropriation upon certification of the 
state registrar. 

History.— §20, ch. 6892, 1915; RGS 2090; CGL 8290. 
§17, ch. 25372, 1949; am. §65, ch. 26869, 1951. 

382.35 Disclosure of information, certified 
copies of birth certificates, birth cards, weight 
of copies as evidence, searches of records; fees; 
disposition of fees. — 

(1) All birth records of this state shall be 
considered confidential documents and shall 
be open to inspection only as hereinbefore or 
hereinafter provided for. 

(2) Disclosure of illegitimacy of birth or 
of information from which it can be ascer- 
tained may be made only upon order of a 
court of competent jurisdiction where such 
information is necessary for the determination 
of personal or property rights and then only 
for such purposes or upon the application of 
the registrant, if of legal age. 

(3) Certified copies of the original birth cer- 
tificate or any new or amendatory certificate, 
exclusive of that portion containing medical 
details and legitimacy status, shall be issued 
only by the state registrar and only to the 
registrant, if of legal age, his or her parent or 
guardian or other legal representative, health 
and social agencies upon approval of the state 
registrar, any agency of the state or the United 
States for official purposes or upon order of 
any court of competent jurisdiction. 

(4) The state registrar shall, upon request, 
furnish to any applicant, a short form certifi- 
cate of birth or birth card in such form as 
the state registrar may designate which shall 
contain only the name, color, sex, date of birth, 
place of birth, date of filing of the original 
certificate and certificate number which shall 
be certified to by the state registrar. All such 
short form certificates of birth or birth cards 
including those for persons born out of wed- 
lock or of unknown parentage or for legiti- 
mated or adopted persons shall be identical in 
form, color, size, wording and arrangement of 
items. 

(5) The state registrar shall upon request 
of any person having a proper interest therein 
supply a certified copy of all or part of any 
marriage, divorce or death recorded under the 
provisions of this chapter. 

(6) Any copy of any record registered un- 
der the provisions of this act or any part there- 
of when properly certified by the state registrar 
shall be prima facie evidence in all courts and 
cases of the facts therein stated. 

(7) The state registrar shall be entitled to 
fees as follows: 

(a) One dollar for each calendar year of 
records searched for a record of birth, still- 



birth, death, marriage, divorce, or other vital 
record, up to a maximum of twenty-five dollars. 

(b) Five dollars for filing a delayed cer- 
tification of birth, death, or stillbirth. 

(c) Five dollars for processing and filing a 
correction on a death record or a correction on 
a birth record; provided there shall be no fee 
for processing and filing a correction on a 
birth record of a child less than six months 
of age. 

(d) Five dollars for processing and filing 
a new birth certificate for reason of adoption 
or for reason of legitimation. 

(e) One dollar for each certification of a 
vital record in excess of one certification of a 
vital record for which a fee for search is paid 
or for which a filing fee is paid. 

(8) All fees prescribed herein shall be paid 
by the applicant. The Florida state board of 
health may waive any or all of the fees re- 
quired in this section. The state registrar shall 
keep a true and correct account of all fees 
required under this section and turn the same 
over to the state treasurer to the credit of the 
general revenue fund. 

History.— §21, ch. 6892, 1915; RGS 2091; CGL 3291; {18, ch. 
25372, 1949; (8) §66, ch. 26869, 1951; (7) §1, ch. 63-151. 

382.36 Local registrars charged with enforc- 
ing law. — Each local registrar is charged with 
the strict and thorough enforcement of the pro- 
visions of this chapter in his registration dis- 
trict, under the supervision and direction of the 
state registrar; and he shall make an immediate 
report to the state registrar of any violation of 
this law coming to his knowledge, by observa- 
tion or upon complaint of any person, or other- 
wise. 

History.— §23, oh. 6892, 1915; RGS 2092; CGL 8292. 

382.37 State registrar charged with execut- 
ing law. — The state registrar is charged with 
the thorough and efficient execution of the pro- 
visions of this chapter in every part of the state, 
and is granted supervisory power over local 
registrars, deputy registrars, and sub-registrars, 
to the end that all of its requirements shall be 
uniformly complied with. The state registrar, 
either personally or by an accredited representa- 
tive, shall have authority to investigate cases 
of irregularity or violation of law, and all reg- 
istrars shall aid him, upon request, in such in- 
vestigations. When he shall deem it necessary, 
he shall report cases of violations of any of the 
provisions of this chapter to the state at- 
torney, county solicitor or county attorney or 
other prosecuting officer having charge of the 
prosecution of misdemeanors in the registration 
district in which such violation shall occur, with 
a statement of the facts and circumstances; and 
when any such case is reported to him by the 
state registrar, the said prosecuting officer shall 
forthwith initiate and promptly follow up the 
necessary court proceedings against the person 
or corporation responsible for the alleged viola- 
tion of law; and upon request of the state 
registrar, the attorney general shall assist in the 
enforcement of the provisions of this chapter. 

History.— §23, ch. 6892, 1915; RGS 2098; CGL 8293. 






Ch. 382 



BUREAU OF VITAL STATISTICS 



Ch. 382 



382.38 State board of health rules.— The 

state board of health may adopt, promulgate 
and enforce rules and regulations requiring the 
notification of all cases of sickness necessary for 
the preservation and protection of the public 
health, and for the collection of statistics of 
marriages and divorces. 

History.— §24. oh. 6892, 1916; RGS 2094; CGL 8294. 

382.39 Penalties.— 

(1) Any person who willfully makes or alters 
any certificate or record or certification there- 
from provided for in this chapter, except in ac- 
cordance with the provisions of this chapter, 
or who shall willfully furnish false or fraudulent 
information affecting any certificate or record 
required by this chapter, shall be subject to a 
fine of not more than one thousand dollars, or 
imprisonment for not to exceed six months, or 
both such fine and imprisonment. 

(2) Any person who knowingly transports 
or accepts for transport, inters, or otherwise 
disposes of a dead body without an accompany- 
ing permit issued in accordance with the provi- 
sions of this chapter, shall be subject to a fine 
of not more than five hundred dollars. 

(3) Except where a different penalty is pro- 
vided for in this section, any person who violates 
any of the provisions of this chapter, or the 
rules and regulations of the Florida state board 
of health, or who neglects or refuses to perform 
any of the duties imposed upon him thereunder, 
shall be subject to a fine of not more than five 
hundred dollars. 

History.— §22, ch. 6892, 1915; RGS 6550; CGL 7733. 
Am. §19. ch. 25372, 1949. 

382.40 Delayed birth certificates; jurisdic- 
tion of county judge; procedure and issuance. — 

Any resident of or person born in the state, 
may file a duly verified petition in the coun- 
ty judge's court, in the county of his or her 
residence, or in the county of his or her place of 
birth, setting forth the date, place and parentage 
of his or her birth and petitioning the county 
judge to issue an order certifying the date, place 
and parentage of the birth of the petitioner. 
Also, a petition may be filed by any such resident 
or person born in Florida for the purpose of de- 
termining either, or any, the date, the place, or 
the parentage of the birth of the petitioner. Upon 
filing said petition, the county judge shall have 
a hearing and may conduct the same as other 
special proceedings before him. The hearing 
may, in his discretion, be set for a time certain, 
within a resonable time after the petition is filed. 
When the petition comes on for hearing before 
the county judge, such evidence may be pre- 
sented as may be required by the court to es- 
tablish the fact of such birth, the date, the place 
and the parentage of the birth of the petitioner, 
or any of such facts, but no certificate may be 
granted on the uncorroborated testimony of the 
petitioner. If the evidence offered shall satisfy 
the court of the date, place and parentage of 
the birth of the petitioner, or any of such facts, 
the court shall thereupon enter an order, and 
certificate accordingly, which said order shall 
be entered upon forms furnished the county 



judge's court of the several counties by the 
bureau of vital statistics, state board of health. 
Said order shall be made and signed in tripli- 
cate. One copy of such order shall be filed in 
the county judge's court, in a permanent loose- 
leaf book kept for that purpose and marked 
"delayed birth certificates," and no further re- 
cording shall be required by the court. Where 
the birth of the petitioner is shown to have 
occurred in Florida, one copy shall be deliv- 
ered to the petitioner, and one copy shall be 
mailed by the county judge, within ten days 
after the date of order, to bureau of vital sta- 
tistics, state board of health, Jacksonville. In 
all other instances two copies of such order 
shall be delivered to the petitioner. Said bu- 
reau is authorized and directed to furnish 
such forms and file such order. 

History .—§1, ch. 21931, 1943; am. §1, ch. 22887, 1945. 

382.41 Petition, contents. — Such petition 
may be in form and substance as follows: 

In the County Judge's Court County, 

Florida 

Petitioner respectfully says that : His (or /her) 
full name is (stating full name). His (or /her) 
residence is (stating place of residence). He (or 
she) was born on (stating date of birth) at (stat- 
ing place of birth) ;that petitioner's father's name 
was (or is) (stating name of father, if known), 
color or race of father (stating color or race of 
father), birthplace of father (stating birthplace, 
if known, of father), maiden name of mother 
(stating maiden name, if known, of mother), 
color or race of mother (stating color or race 
of mother), birthplace of mother (stating birth- 
place, if known, of mother) ; and petitioner prays 
that an order be entered, certifying and order- 
ing such facts. 

History-— 52, ch. 21931, 1943. 

382.42 Petition, execution. — Such petition 
shall be signed and sworn to by the petitioner, 
or his or her parent or guardian, or by someone 
who knows such facts, and shall state each 
fact as definitely in such petition as is known 
to petitioner. If either or any of such fact or 
facts is unknown to petitioner, the petitioner 
shall so state. 

History.— §3, ch. 21931, 1943. 

382.43 Form of certificate. — The birth cer- 
tificate shall be an order of the county judge 
adjudicating all or any facts stated in the peti- 
tion, for which sufficient evidence is produced, 
and such order may be in substance as follows: 

In the County Judge's Court 

County, Florida. 

DELAYED BIRTH CERTIFICATE 
This is to certify that: 

It has been made to appear to me that (stat- 
ing full name of person), was born (stating 
month, day and year) at (stating place of birth) ; 
that his (or her) father's name was (or is) 
(stating name of father), color or race (stating 
color or race of father), and his place of birth 
was (stating father's place of birth) ; that his 
(or her) mother's maiden name was (or is) 
(stating maiden name of mother of petitioner), 



Ch. 382 



BUREAU OP VITAL STATISTICS 



Ch. 382 



color or race (stating color or race of mother), 
and her place of birth was (stating birthplace 
of mother) . 

Given under my hand and seal, at . 

Florida, this day of 19_ 

County Judge of „ 



County, Florida. 

History.— §4, ch 21931, 1943. 

382.44 Judgment a public record. — Said 
order and the record thereof is hereby made 
a judgment of a court of record, and, when filed 
as herein required, shall be a public record and 
shall be accepted as such by the courts and other 
agencies and persons of this state in the same 
manner as other orders of the county judge and 
public records and shall be prima facie evidence 
of the fact or facts therein adjudicated. 

History.— §5, Ch. 21931, 1943. 

382.45 Appeals. — Any resident of such coun- 
ty where the proceeding is had, or any person 
interested, may appeal from such order or cer- 
tificate to the appropriate district court of ap- 
peal in the manner and within the time re- 
quired by the Florida appellate rules, or to the 
supreme court if authorized by §4, Art. V of 
the state constitution. 

History.— §6, ch. 21931, 1943; §24, ch. 63-559. 
cf.— §732.16, Appeals under probate laws. 

382.46 Costs. — The county judge, for his 
complete services in establishing a delayed 
birth certificate and order under this law, shall 
receive the sum of five dollars. 

History.— §7, ch. 21931, 1943; §2, ch. 63-151. 

382.47 Certified copies. — The bureau of vi- 
tal statistics and the county judge are each 
authorized to make and furnish additional cer- 
tified copies of such order upon payment of 
the sum of one dollar therefor. 

History.— §8, ch. 21931, 1943; §3, ch. 63-151. 

382.48 Remedy cumulative. — The method of 
obtaining delayed birth certificates under 
§§382.40-382.47 shall be cumulative and in ad- 
dition to any other method now or hereafter 
provided by law for obtaining delayed birth cer- 
tificate, but no person may establish more than 
one birth certificate. 

History.— 510, ch. 21931, 1943. 



382.49 Correction of birth certificates. — 

(1) The bureau of vital statistics of the 
state, by and through the state registrar is 
hereby authorized, empowered and directed to 
correct any error of a general nature pertaining 
to date of birth, sex of child or other informa- 
tion necessary to the issuance of birth certifi- 
cate and to correct any error of a clerical nature, 
such as mistakes in spelling of names of child, 
names of towns or cities in which child was born 
or doctor or midwife or other person attending 
the birth of said child. 

(2) The affidavit of either parent of said 
child shall be sufficient evidence for the correc- 
tion of any error mentioned in subsection (1) of 
this section. 

(3) The state registrar shall make no rule 
superseding this section. 

History.— §§1, 2. 3. ch. 24114. 1947. 

382.50 Microfilming and destroying obsolete 
correspondence and records. — 

(1) The state registrar may destroy general 
correspondence files over two years old and also 
any other records not specifically provided for 
herein. 

(2) The state registrar is authorized to 
photograph, microphotograph or reproduce on 
film, in such a manner that each page will be 
exposed in exact conformity with the original, 
all burial or removal permits, death certificates, 
birth certificates, marriage licenses and other 
records and documents as he may, in his dis- 
cretion, select, and the said state registrar is 
hereby authorized to destroy any of said docu- 
ments after they have been photographed and 
filed and after audit of his office has been com- 
pleted for the period embracing the dates of 
said instruments. 

(3) 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, and shall be treated as origi- 
nals for the purpose of their admissibility in 
evidence. Duly certified or authenticated repro- 
ductions of such photographs shall be ad- 
mitted in evidence equally with the original 
photographs or microphotographs. 

History.— § 1, ch. 69-221. 



Ch. 383 



MATERNITY AND INFANCY HYGIENE 



Ch. 383 



CHAPTEE 383 
MATERNITY AND INFANCY HYGIENE 



383.01 Acceptance of provisions of Sheppard- 

Towner act. 

383.02 Custodian and disburser of funds. 

383.03 Cooperation with federal authorities; 

appropriation. 

383.04 Prophylactic required for eyes of in- 

fants. 

383.05 State board of health to prepare pro- 

phylactic for free distribution. 

383.01 Acceptance of provisions of Shep- 
pard-Towner act. — The state accepts the pro- 
visions of what is known as the Sheppard- 
Towner act, an act of congress approved No- 
vember 23, 1921, for the promotion of the wel- 
fare and hygiene of maternity and infancy and 
for other purposes. The good faith of the 
state is pledged to make available for the 
several purposes of said act, funds suffi- 
cient at least to equal the sums allotted from 
time to time to this state from the appropria- 
tion made by the said act and to meet all con- 
ditions necessary to entitle the state to the ben- 
efits of the said act. 

History.— SI, oh. 9186, 1923; CGL 3987. 

383.02 Custodian and disburser of funds. — 

The state board of health is designated custo- 
dian of all funds allotted to this state from the 
appropriation made by the Sheppard-Towner 
act and the state board of health may receive 
and provide for the proper custody and dis- 
bursement of said funds in accordance with 
said act. 

History.— §2, ch. 9186, 1923; CGL, 3988. 

383.03 Cooperation with federal authori- 
ties; appropriation. — The state board of health, 
through its child welfare and child hygiene di- 
vision, shall cooperate as provided in and by 
the Sheppard-Towner act of congress with the 
federal authorities in the administration of the 
provisions of said act, and shall do all things 
necessary to entitle the state to receive the ben- 
efits thereof and especially shall cooperate 
with the federal government in carrying out 
the provisions of the act for the promotion of 
the welfare and hygiene of maternity and in- 
fancy. The state board of health, through its 
child welfare and child hygiene division may 
expend of the funds raised by taxation for the 
maintenance of the state board of health, the 
sum of sixteen thousand dollars per year, or so 
much thereof as may be necessary to equal and 
match the amount of money allotted to the 
state by the federal government under the pro- 
visions of the said Sheppard-Towner act, ap- 
proved November 23, 1921. 

History.— §3, ch. 9186, 1923; CGL 8989. 

383.04 Prophylactic required for eyes of in- 
fants. — Every physician, midwife, or other per- 
son in attendance at the birth of a child in the 
state is required to instill or have instilled into 
the eyes of the baby within one hour after birth, 
a one per cent fresh solution of silver-nitrate 
(with date of manufacture marked on container), 



383.06 Report of inflamed, etc., eyes treated. 

383.07 Penalty for violation. 

383.08 Serological tests of pregnant women; 

duty of physician. 

383.09 Tests. 

383.10 Reporting births. 

383.11 Reports. 

383.12 Costs and charges. 

383.13 Use of information by board. 

two drops of the solution to be dropped into 
each eye after the eyelids have been opened; 
or some equally effective prophylactic approved 
by the state board of health, for the prevention 
of blindness from ophthalmia neonatorum. A 
record of such administration or instillation 
shall be reported on the birth certificate, show- 
ing the time with respect to the birth and the 
kind of prophylactic administered; provided, that 
this section shall not apply to cases where the 
parents shall file with the physician, midwife, or 
other person in attendance at the birth of a 
child written objections on account of religious 
beliefs contrary to the use of drugs. In such 
case the physician, midwife, or other person in 
attendance shall record in writing on the birth 
certificate of such child that such measures were 
or were not employed and attach thereto such 
written objection. 

History.— §1, ch. 20690, 1941. 

383.05 State board of health to prepare pro- 
phylactic for free distribution. — The state board 
of health shall cause to be prepared and put into 
proper containers a one per cent fresh solution 
of nitrate of silver or some equally effective 
prophylactic approved by the state board of 
health, to be distributed free, with instructions 
for use, to local health officers, to enable each 
health officer to distribute a sufficient quantity 
to each physician and midwife within his terri- 
torial jurisdiction; and it is hereby made the 
duty of local health officers to make such distri- 
bution to indigents, white and colored. In areas 
where no health officer is employed, the state 
board of health shall furnish such prophylactic 
preparations and instructions free to each physi- 
cian, midwife, or other person in attendance at 
the birth of a child. Any solution or prophylactic 
furnished by the state board of health shall bear 
the date of manufacture. 

History.— 82, ch. 20690, 1941. 

383.06 Report of inflamed, etc., eyes treated. 

— Any person who shall nurse or attend any in- 
fant shall report any inflammation or unnatural 
discharge in the eyes of said child that shall 
develop within two weeks after birth, to the local 
health officer or licensed physician, which re- 
port shall be made within six hours. 

History.— §3, ch. 20690, 1941. 

383.07 Penalty for violation. — Any person 
who fails to comply with the provisions of 
§§383.04-383.06 shall be punishable by a fine of 
not more than one hundred dollars. 

History.— §4, ch. 20690, 1941. 



Ch. 383 



MATERNITY AND INFANCY HYGIENE 



Ch. 383 



383.08 Serological tests of pregnant women; 
duty of physician. — Every physician attending 
a pregnant woman for conditions relating to 
her pregnancy during the period of gestation 
or at delivery shall take, or cause to be taken, a 
sample of venous blood of such woman at the 
time of the first professional visit or within ten 
days thereafter. In these cases where a preg- 
nant woman is not seen prior to the time of de- 
livery, blood should be collected by the person 
making the delivery, such blood to be sent to a 
recognized laboratory for a serological test for 
syphilis. Every other person permitted by law 
to attend pregnant women but not permitted 
by law to take blood samples shall cause a 
sample of venous blood of such pregnant wom- 
en to be taken by a physician duly licensed. 
Such sample of blood shall be submitted by the 
physician to an approved laboratory for a stand- 
ard serological test for syphilis. 

History.— §1, ch. 22644, 1945. 

383.09 Tests. — For the purpose of this law, 
a standard serological test shall be a test for 
syphilis approved by the Florida state board 
of health, and an approved laboratory shall be 
the state board of health laboratory, any of its 
branches, or other laboratory in the state which 
is approved by the Florida state board of 
health; provided, however, that the serological 
test or tests shall be such as will exclude the 
possibility that the disease as shown by said test 
or tests is some other disease than syphilis. 

History.— §2, ch. 22644, 1945. 



383.10 Reporting births. — In reporting every 
birth and stillbirth, physicians and others re- 
quired by law to make such reports shall state 
on the back of the certificate that a serological 
test for syphilis has been made upon a sample 
of blood taken from the woman who bore the 
child and the approximate date of such test; 
and if such test has not been made, the reason 
for not making the test. In no case shall the 
birth certificate state the result of the test. 

History.— §3, ch. 22644, 1945. 

383.11 Reports. — The laboratory report on 
the serological test shall be made on a form to 
be provided by the Florida state board of health. 
In submitting the sample of blood for the test, 
the physician shall designate that this is a 
pregnancy test ; and the laboratory report shall 
state that this was a pregnant test. 

History.— §4, ch. 22644, 1945. 

383.12 Costs and charges. — All serological 
tests required by this law on blood samples 
submitted to the laboratory of the Florida state 
board of health or to any of its authorized 
branches shall be made without charge. 

History.— §5, ch. 22644, 1945. 

383.13 Use of information by board. — The 

state board of health shall be authorized to 
use the information derived from pregnancy 
serological tests for such follow-up procedures 
as are required by law or deemed necessary by 
said board for the protection of the public 
health. 

History.— §6, ch. 22644, 1945. 






Ch. 384 



VENEREAL DISEASES 



Ch. 384 



CHAPTEE 384 
VENEREAL DISEASES 



384.01 Diseases designated as venereal dis- 

eases. 

384.02 Sexual intercourse with person afflicted 

with venereal disease illegal. 

384.03 Penalty for violation. 

384.04 Physical examination. 

384.05 Penalty for violation of state board of 

health rules. 

384.06 Physicians, etc., to report venereal dis- 

ease cases to state board of health. 

384.07 State, county and municipal health offi- 

cers may examine suspects and re- 
quire treatment. 

384.08 Prisoners to be examined and treated 

by board of health. 

384.09 State board of health to make rules 

necessary for carrying out of this 
chapter. 

384.01 Diseases designated as venereal dis- 
eases.— Syphilis, gonorrhea and chancroid are 
designated as venereal diseases and are de- 
clared to be contagious, infectious, communi- 
cable and dangerous to the public health. It is 
unlawful for any one infected with either of 
these diseases to expose another to infection. 

History.— §1, ch. 7829, 1919; CGL 3947. 

384.02 Sexual intercourse with person af- 
flicted with venereal disease illegal. — It is un- 
lawful for any female afflicted with any vener- 
eal disease, knowing of such condition, to have 
sexual intercourse with any male person, or for 
any male person afflicted with any venereal 
disease, knowing of such condition, to have sex- 
ual intercourse with any female. 

History.— §2, ch. 7829, 1919; CGL 3948. 

384.03 Penalty for violation. — Any person 
who shall violate any of the provisions of 
§384.01 or §384.02, shall be guilty of a misde- 
meanor and on conviction shall be punished as 
for a misdemeanor. 

History.— §3, ch. 7829, 1919; CGL 7735. 
cf. — §775.07, Punishment (or misdemeanor. 

384.04 Physical examination. — Any person 
suspected of being afflicted with any infectious 
venereal disease shall be subject to physical 
examination and inspection by any representa- 
tive of the state board of health, and for fail- 
ure or refusal to allow such inspection or exam- 
ination, they shall be guilty of a misdemeanor 
and shall be punished as for a misdemeanor; 
provided, the suspected person shall not be 
apprehended, inspected or examined against his 
will, except upon the sworn testimony of the 
person or persons accusing; and upon the pres- 
entation of the warrant duly authorized by the 
justice of the peace, or some court officer charg- 
ed with the execution of this law. 

History.— §4, ch. 7829, 1919; CGL 3949. 
jf. — §775.07, Punishment for misdemeanor. 

384.05 Penalty for violation of state board 
of health rules. — Any person willfully violating 
any rule or regulation promulgated by the state 



384.10 Reports of venereal disease cases to 

be filed in state board of health office 
not subject to public inspection. 

384.11 Towns, cities or counties may donate. 

384.12 Certain persons having venereal dis- 

ease to report to state board of 
health. 

384.13 Venereal disease; evidence, penalty for 

violations. 

384.14 Venereal diseases; quarantine; power 

and authority of health officers. 

384.15 Transfer of certain persons to health 

officer. 

384.16 Quarantine and treatment; procedure. 

384.17 Isolation of infected persons. 

384.18 Sheriffs' fees, etc. 

384.19 Receipt for delivery of infected persons. 



board of health under the authority of this 
chapter, shall be deemed guilty of a misde- 
meanor and may be punished as for a misde- 
meanor. 

History.— §5, ch. 7829, 1919; CGL 7736. 
cf. — §775.07, Punishment for misdemeanor. 

384.06 Physicians, etc., to report venereal 
disease cases to state board of health. — Any 

physician or other person who makes a diagnosis 
in, or treats a case of, venereal disease, or any 
superintendent or manager of a hospital, dis- 
pensary, or charitable or penal institution, in 
which there is a case of venereal disease, shall 
make a report of such case to the state board 
of health or to the local health officer represent- 
ing the state board of health, and subsequently, 
if such infected person ceases to take treatment 
for such venereal disease from the original re- 
porting source prior to his or her becoming cured 
or rendered noninfectious, as determined ac- 
cording to competent medical authority, such 
fact shall likewise be reported to the state board 
of health or said local health officer, according 
to such form and manner and at such times as 
the state board of health shall direct by rule 
or regulation adopted by it. 

History.— §6, ch. 7829, 1919; CGL 3950; am. 91, eh. 
21657, 1943. 
cf.— §§796.04-796.07, Laws prohibiting prostitution. 

384.07 State, county and municipal health 
officers may examine suspects and require treat- 
ment. — State, county and municipal health offi- 
cers, or their authorized deputies, within their 
respective jurisdictions, shall, when in their 
judgment it is necessary to protect the public 
health, make examination of persons being or 
suspected of being infected with a venereal 
disease, require persons infected with a ven- 
ereal disease to report for treatment to a rep- 
utable physician and continue treatment until 
cured, or to submit to treatment provided at 
public expense, and isolate persons infected 
with a venereal disease; provided, the suspect- 
ed person shall not be apprehended, inspected 
or examined against his will, except upon the 
sworn testimony of the person or persons ac- 



Ch. 384 



VENEREAL DISEASES 



Ch. 384 



cusing; and upon the presentation of the war- 
rant duly authorized by the justice of the peace 
or some court officer charged with the execu- 
tion of this law. 

History.— 57, oh. 7829, 1919; RQS 2168; CGL 8951. 

384.08 Prisoners to be examined and 
treated by board of health. — All persons 
who shall be confined or imprisoned in any 
state, county or city prison of this state, 
may be examined and treated for venereal dis- 
eases by the health authorities or their depu- 
ties. The state, county and municipal boards 
of health may take over such portions of any 
state, county or city prison as may be necessary 
for a board of health hospital, wherein all per- 
sons who shall have been confined or impris- 
oned and who are suffering with a venereal 
disease at the time of the expiration of their 
terms of imprisonment, shall be isolated and 
treated at public expense until cured, or, in 
lieu of such isolation, such person may, in the 
discretion of the board of health, be required 
to report to a licensed physician or submit to 
treatment at public expense as provided in 
§384.07. 

History.— 58, ch. 7829, 1919; CGL 8952. 

384.09 State board of health to make rules 
necessary for carrying out of this chapter. — 

The state board of health shall make such rules 
and regulations as shall in its judgment 
be necessary for the carrying out of the pur- 
poses of this chapter, including rules and regu- 
lations providing for such labor on the part 
of the isolated persons as may be necessary to 
provide in whole or in part for their subsist- 
ence and to safeguard their general health, 
and such other rules and regulations concern- 
ing venereal diseases as it may from time to 
time deem advisable. All such rules and regu- 
lations so made shall be of force and binding 
upon all county and municipal health officers 
and other persons affected by this chapter. 

History.— 19, ch. 7829, 1919; CGL, 3953. 

384.10 Reports of venereal disease cases to 
be filed in state board of health office not sub- 
ject to public inspection. — All reports of cases 
of venereal disease shall be filed in a safe or 
some place of safekeeping in the office of the 
state board of health, and shall not be subject 
to public inspection. No clerk or officer of the 
state board of health shall give out any personal 
information as to such reported cases, except 
upon the demand of the judge of a court empow- 
ered to deal with the operation of this law; nor 
shall the reports of cases of venereal disease 
be made to the state board of health, or any 
city or county board of health, except in a sealed, 
stamped envelope, which shall be furnished the 
physicians of the state without cost to them by 
the state board of health ; provided, however, that 
all such reports shall be available to said state 
board of health and may be used by it for the 
purpose of requiring persons so reported as be- 
ing infected with venereal disease to take treat- 
ment therefor as required by law. 

History.— 510, ch. 7829, 1919; CGL 3954; am. It, ch. 
21658, 1943. 



384.11 Towns, cities or counties may donate. 

— Any town, city or county, may make dona- 
tions to the state board of health to assist in 
the enforcement of this chapter. 

History.— 811, ch. 7829, 1919: COL 3955. 

384.12 Certain persons having venereal dis- 
ease to report to state board of health. — After 
May 1, 1943, all persons in the State of Florida 
who have been rejected for military service in 
the armed forces of the United States, or placed 
in a deferred classification by their local draft 
board of selective service, who are infected with 
a venereal disease, shall immediately report to 
the nearest venereal disease clinic operated by 
the state board of health and furnish satisfactory 
proof to the health officer in charge of such clin- 
ic that such person is taking, and will continue 
to take, treatment for such venereal disease from 
a reputable physician until cured, or submit to 
treatment at public expense under the super- 
vision and direction of such venereal disease clin- 



ic. 



History.- 



ch. 21659, 1943. 



384.13 Venereal disease; evidence, penalty 
for violations. — Notice from any local draft 
board of selective service to a venereal disease 
clinic operated by the state board of health, 
that the person named therein is infected with 
a venereal disease, shall constitute prima facie 
evidence in the courts of this state that such 
person is infected with a venereal disease, and 
his refusal to report to the venereal disease 
clinic, as provided in §384.12 after receipt of 
notice to report from said venereal disease 
clinic, shall constitute a violation of this sec- 
tion, and such person shall be deemed guilty 
of a misdemeanor, and upon conviction thereof 
he shall be punished by a fine of not more than 
five hundred dollars, or by imprisonment for 
not more than six months, or by both such fine 
and imprisonment. 

History.— 52, ch. 21659, 1943. 

384.14 Venereal diseases; quarantine; pow- 
er and authority of health officers. — State, coun- 
ty and municipal health officers, or their au- 
thorized deputies, when in their judgment it is 
necessary to protect the public health, may com- 
mit persons within their respective jurisdictions, 
infected with venereal disease, for quarantine 
and compulsory treatment in any hospital with- 
in the state operated for that purpose by the 
state board of health for quarantine and treat- 
ment. 

History.— 51, ch. 21948, 1943. 

384.15 Transfer of certain persons to health 
officer. — The several sheriffs and chiefs of po- 
lice of the various counties and municipalities 
in the state are hereby authorized and directed 
to transfer to the custody of any state, coun- 
ty or municipal health officer or their au- 
thorized deputies within their respective ju- 
risdictions, any person in the custody of said 
sheriffs or chiefs of police charged with or con- 
victed of any misdemeanor and who is infected 
with any venereal disease, for the purposes of 
quarantine and treatment in any hospital in the 



Ch. 384 



VENEREAL DISEASES 



Ch. 384 



state operated for that purpose by the state 
board of health; provided, however, that when 
such person has been rendered noninfectious 
such person shall, if still under sentence or 
prosecution, be redelivered to the sheriff or 
chief of police of the county or city entitled to 
the custody of such person, at the expense of 
the state board of health, to answer to the 
charges or sentence therein pending against 
such person ; and provided, further, if such per- 
son should break quarantine and escape from 
such hospital, such person shall be apprehended 
at the expense of the state board of health and 
returned to the county or municipality entitled 
to the custody of such person, to be quarantined 
in the county or city jail and to answer to the 
charge or sentence there pending against such 
person. 

History.— §2, ch. 21948, 1943. 

384.16 Quarantine and treatment; proce- 
dure. — Any person infected with a venereal 
disease and delivered to any state, county or 
municipal health officer for quarantine and treat- 
ment, as provided in this section, may be trans- 
ported, for quarantine and treatment, from the 
county or municipality where such person is re- 
ceived by said health officer, to any hospital in 
the state operated for that purpose by the 
state board of health, and said health officer 
may cause such person to be transported by 
the sheriff or chief of police or duly authorized 
deputy sheriff or police officer, or by a duly 
authorized officer of the Florida highway patrol, 
and the expense incident to such transportation, 
in all cases except where transportation is by 



the Florida highway patrol, shall be paid by 
the county or municipality involved. 

History.— §3, ch. 21948, 1943. 

384.17 Isolation of infected persons. — In the 

event persons infected with venereal disease for 
any reason cannot be received at any hospital 
operated by the state board of health for quar- 
antine and treatment of persons infected with 
venereal disease, and such persons, in the opin- 
ion of the health officer, should be isolated and 
quarantined for the protection of the public 
health, then and in such event the health officer 
may cause such persons to be isolated, quaran- 
tined and treated in the jail of the county or 
city where such person resides, at the expense 
of the county or city involved. 

History.— 54, oh. 21948, 1943. 

384.18 Sheriffs' fees, etc. — The sheriffs of 
the several counties of the state shall receive the 
same fees and mileage for service rendered un- 
der this law as are prescribed for like service 
in criminal cases, such fees and mileage to be 
paid out of the fine and forfeiture fund of the 
county involved. 

History.— §5, ch. 21948, 1948. 

384.19 Receipt for delivery of infected per- 
sons. — In all cases where a sheriff or chief of 
police transfers custody of any person to a health 
officer under this law, such health officer shall 
give to such sheriff or chief of police a receipt 
showing the name of the person or persons so 
delivered, together with the date and place 
where said delivery was made. 

History.— 56, ch. 21948, 1943. 



Ch. 385 



SANITARY INSPECTION OF HOTELS AND BOARDING HOUSES 



Ch. 385 



CHAPTER 385 
SANITARY INSPECTION OF HOTELS AND BOARDING HOUSES 



385.01 
385.02 



385.03 



Examination of buildings, etc. 

Purpose of examination; fee for in- 
spection if unsanitary condition 
found. 

State health officer to issue certificates. 



385.01 Examination of buildings, etc. — The 

state board of health shall cause, as often as 
may be necessary, upon information or com- 
plaint of any person, or at the request of any 
town or city council, or health officer, an exam- 
ination to be made of any building or buildings, 
and the premises connected therewith, used 
for board and lodging of visitors or other per- 
sons, containing ten or more rooms, such exam- 
ination to be made by or under the supervision 
of the state board of health, or by persons un- 
der its appointment, as soon as possible after 
such application or complaint shall have been 
made. 

History.— §1, ch. 4696, 1899; GS 1149; RGS 2120; CGL 
3349. 
cf. — Ch. 509, The hotel and restaurant commission. 

385.02 Purpose of examination; fee for in- 
spection if unsanitary condition found. — It 

shall be the purpose in making such examina- 
tion, to ascertain the source and sufficiency of 
the water supply, the quality of the water, the 
methods of removal of waste water, slops, ex- 
creta, house refuse, garbage, and all other 
putrescible matter of any kind, the ventilation 
available, and all other conditions relating to 
the health, sanitary conditions and safety of 
said buildings and premises. For each inspec- 
tion so made the owner or managing occupant 
of the premises so inspected shall pay the state 
board of health the sum of two dollars, if prem- 
ises are found to be in unsanitary condition, 
which amount shall be deposited by said board 
to the credit of the general revenue fund. 

History.— §2, ch. 4696, 1899; GS 1150; RGS 2121; CGL 3350; 
§67, Ch. 26869, 1951. 

385.03 State health officer to issue certifi- 
cates. — Upon the completion of such inspection, 
the state board of health shall authorize the 
state health officer to issue a certificate, recit- 
ing the details of the sanitary and other con- 
ditions of the examined premises, in accordance 
with the facts ascertained by such examina- 
tion, and said certificate shall forthwith be 



385.04 



385.05 



Unsanitary conditions must be reme- 
died. 

Penalty for failure to remedy unsani- 
tary conditions. 



posted by the owner or managing occupant of 
such premises in a safe and conspicuous place, 
where it may be easily seen and read by all 
persons, guests or other occupants of said 
premises; and if the said certificate shall be- 
come defaced or destroyed, said managing oc- 
cupant shall immediately procure a copy of 
the same, which shall be placed in a like con- 
spicuous position, for which copy the state 
board of health shall not be entitled to receive 
any fee. 

History.— 13, ch. 4696, 1899; GS 1161; RGS 2122; CGL 

3351. 

385.04 Unsanitary conditions must be reme- 
died. — Whenever, upon an examination of any 
premises the inspection of which is required by 
this chapter, it shall be found by the state board 
of health that the premises and building so 
inspected are in an unsanitary condition, such 
as to constitute a menace to the health and 
safety of the occupants thereof, the state board 
of health shall cause to be posted upon some 
conspicuous place on said premises, a written 
or printed notice, requiring the owner or man- 
aging occupant of said premises, or both, to 
make such changes or to perform or refrain 
from the performance of such acts as may be 
necessary to place said premises in a sanitary 
and safe condition for the occupants thereof, 
within a reasonable time to be fixed by said 
notice. 

History.— SB, ch. 4696, 1899; GS 1162; RGS 2123; CGL 
3352. 

385.05 Penalty for failure to remedy unsan- 
itary conditions. — If the owner or managing oc- 
cupant, or both, who shall be required by no- 
tice from the state board of health to remedy 
unsanitary conditions, shall fail to comply 
therewith within the time mentioned, he shall 
be punished by fine not exceeding one hundred 
dollars, or imprisonment not exceeding thirty 
days. 

History.— §5, ch. 4696, 1899; GS 8693; RGS 5888; CGL 
783L 



Ch. 386 



NUISANCES INJURIOUS TO HEALTH 



Ch. 386 



CHAPTER 386 
NUISANCES INJURIOUS TO HEALTH 



386.01 Sanitary nuisance. 

386.02 Duty of state health officer. 

386.03 Notice to remove nuisances; authority 

of state health officer and local 
health authorities. 

386.01 Sanitary nuisance. — A sanitary nui- 
sance is the commission of any act, by an in- 
dividual, municipality, organization or corpora- 
tion, or the keeping, maintaining, propagation, 
existence or permission of anything, by an 
individual, municipality, organization or cor- 
poration, by which the health or life of an 
individual, or the health or lives of individuals, 
may be threatened or impaired, or by which 
or through which, directly or indirectly, dis- 
ease may be caused. 

History.— 51, ch. 4346, 1895; GS 1163; RGS 2157; CGL 
3386. 

386.02 Duty of state health officer. — The 

state health officer, upon request of the 
proper authorities, or of any three responsible 
resident citizens, or whenever it may seem 
necessary to the president of the state board 
of health, or to the state health officer himself, 
shall investigate the sanitary condition of any 
city, town or place in the state; and if, upon 
examination, the state health officer shall as- 
certain the existence of any sanitary nui- 
sance as herein defined, he shall serve notice 
upon the proper party or parties to remove 
or abate the said nuisance or, if necessary, 
proceed to remove or abate the said nuisance 
in the manner provided in §823.01. 

HUtoir.— 511, ch. 4346, 1895; GS 1154; RGS 2158; CGL 
3387. 

386.03 Notice to remove nuisances; authori- 
ty of state health officer and local health au- 
thorities. — 

(1) The state health officer, upon determin- 
ing the existence of anything or things herein 
declared to be nuisances by law, shall notify the 
person or persons committing, creating, keep- 
ing or maintaining the same, to remove or 
cause to be removed, the same within twenty- 
four hours, or such other reasonable time as 
may be determined by the state board of health, 
after such notice be duly given. 

(2) If the sanitary nuisance condition is 
not removed by such person or persons within 
the time prescribed in said notice, the state 
health officer, his agents or deputies or local 
health authorities, may within the county where 
the nuisance exists, remove, cause to remove, or 
prevent the continuing sanitary nuisance condi- 
tion in the following manner: 

(a) Undertake required correctional pro- 
cedures, including the removal of same if neces- 
sary; the cost or expense of such removal or 
correctional procedures shall be paid by the 
person or persons committing, creating, keeping 
or maintaining such nuisances; and if the said 
cost and expense thus accruing shall not be 
paid within ten days after such removal, the 



386.041 Nuisances injurious to health. 

386.051 Nuisances injurious to health, penalty. 



same shall be collected from the person or per- 
sons committing, creating, keeping or maintain- 
ing such nuisances, by suit at law; but this 
paragraph shall not authorize the state health 
officer to alter, change, demolish or remove any 
machinery, equipment or facility designed or 
used for the processing or disposing of liquid 
or smoke effluent of a manufacturing plant. 

(b) Institute criminal proceedings in county 
or municipal courts, in whose jurisdiction the 
condition exists, against all persons failing to 
comply with notices to correct sanitary nui- 
sance conditions as provided in this chapter; 
or, 

(c) Institute legal proceedings authorized 
by the state board of health as set forth in 
§381.031(4). 

History.— 512, ch. 4346, 1895; GS 1155; RGS 2158; CGL 3388; 
81, ch. 63-64. 

386.041 Nuisances injurious to health. — 

(1) The following conditions existing, per- 
mitted, maintained, kept, or caused by any in- 
dividual, municipal organization or corporation, 
governmental or private, shall constitute prima 
facie evidence of maintaining a nuisance injur- 
ious to health : 

(a) Untreated or improperly treated human 
waste, garbage, offal, dead animals or danger- 
ous waste materials from manufacturing proc- 
esses harmful to human or animal life and air 
pollutants, gases and noisome odors which are 
harmful to human or animal life. 

(b) Improperly built or maintained septic 
tanks, water closets or privies. 

(c) The keeping of diseased animals dan- 
gerous to human health. 

(d) Unclean or filthy places where animals 
are slaughtered. 

(e) The creation, maintenance or causing of 
any condition capable of breeding flies, mosqui- 
toes or other arthropods capable of transmit- 
ting diseases, directly or indirectly to humans. 

(f ) Any other condition determined to be a 
sanitary nuisance as defined in §386.01. 

(2) The state health officer, his agents and 
deputies, or local health authorities are author- 
ized to investigate any condition or alleged 
nuisance in any city, town or place within the 
state, and if such condition is determined to 
constitute a sanitary nuisance they may take 
such action to abate the said nuisance condition 
in accordance with the provisions of this chap- 
ter. 

History.— §2, ch. 63-64. 

386.051 Nuisances injurious to health, pen- 
alty. — Any person found guilty of creating, 
keeping or maintaining a nuisance injurious to 
health shall be guilty of a misdemeanor. 

History. — §2, ch. 63-64. 



Ch. 387 



POLLUTION OF WATERS 



Ch. 387 



CHAPTER 387 
POLLUTION OF WATERS 



387.01 "Underground waters of the state" de- 

fined. 

387.02 Permit required for draining surface 

water or sewage into underground 
waters of state. 

387.03 Permits revocable and subject to 

change; notice by publication; filed 
with clerk. 

387.04 Sewage defined. 

387.05 Sewage or surface drainage into under- 

ground waters of state to be dis- 
continued within ten days after or- 
der by state board of health. 

387.01 "Underground waters of the state" 
defined. — The term "underground waters of 
the state," when used in this chapter, shall 
include all underground streams and springs 
and underground waters within the borders 
of the state, whether flowing in underground 
channels or passing through the pores of the 
rocks. 

History.— SI. oh. 6443, 1913; RGS 2160; CGL 8389. 

387.02 Permit required for draining sur- 
face water or sewage into underground 
waters of state. — No municipal corporation, 
private corporation, person or persons within 
the state shall use any cavity, sink, driven or 
drilled well now in existence, or sink any new 
well within the corporate limits, or within five 
miles of the corporate limits, of any incor- 
porated city or town, or within any unincor- 
porated city, town or village, or within five 
miles thereof, for the purpose of draining any 
surface water or discharging any sewage 
into the underground waters of the state, with- 
out first obtaining a written permit from the 
state board of health. 

History.— §2, ch. 6443, 1913; KGS 2161; CGL 8390. 

387.03 Permits revocable and subject to 
change; notice by publication; filed with clerk. 

— Every permit for the discharge of sewage 
or surface water, shall be revocable or sub- 
ject to modification or change by the state 
board of health, on due notice, after an investi- 
gation and hearing, and an opportunity for all 
interests and persons interested therein to be 
heard thereon; said notice or notices being 
served on the person or persons owning, main- 
taining or using the well, cavity or sink, and 
by publication for two weeks in a newspaper 
published in the county in which said well, 
cavity or sink is located. The length of time 
after the receipt of the notice within which 
it shall be discontinued may be stated in the 
permit. All such permits, before becoming op- 
erative, shall be filed in the office of the clerk 
of the circuit court of the county in which 
such permit has been granted. 

History.— §3, ch. 6448, 1918; RGS 2162; CGL 3391. 

387.04 Sewage defined. — For the purpose 
of this chapter, sewage shall be defined as any 
substance that contains any of the waste prod- 



387.06 Penalty for violation of provisions of 

this chapter. 

387.07 Penalty for interference with water 

supply. 

387.08 Penalty for deposit of deleterious sub- 

stance in lakes, rivers, streams, 
ditches, etc. 

387.09 Septic tanks; construction require- 

ments. 

387.10 Proceedings for injunction. 



ucts, excrement or other discharge from the 
bodies of human beings or animals. 

History.— §4, ch. 6443, 1913; RGS 2163; CGL SS92. 

387.05 Sewage or surface drainage into 
underground waters of state to be discontinued 
within ten days after order by state board of 
health. — Every individual, municipal corpora- 
tion, private corporation or company shall dis- 
continue the discharge within the corporate 
limits or within five miles of the corporate 
limits of any incorporated city or town, or 
within any unincorporated city, town or vil- 
lage or within five miles thereof, of sewage 
or surface drainage into any of the under- 
ground waters of the state within ten days 
after having been so ordered by the state 
board of health. 

History.— §5, ch. 6443, 1913; RGS 2164; CGL 3393. 

387.06 Penalty for violation of provisions 
of this chapter. — Any municipal corporation, 
private corporation, person or persons that 
shall discharge sewage or surface drainage, 
or permit the same to flow into the underground 
waters of the state, contrary to the provisions 
of this chapter, shall be deemed guilty of a mis- 
demeanor and shall, upon conviction, be pun- 
ished by a fine of twenty-five dollars for e&cu 
offense or by imprisonment not exceeding one 
month. The doing of the prohibited act for 
each day shall constitute a separate offense. 

History.— §6, ch. 6443, 1913; RGS 5625; CGL 7691. 
cf. — 5775.06 Alternative punishment. 

387.07 Penalty for interference with water 
supply. — Whoever willfully or maliciously de- 
files, corrupts or makes impure any spring or 
other source of water reservoir, or destroys 
or injures any pipe, conductor of water or other 
property pertaining to an aqueduct, or aids 
or abets in any such trespass, shall be punished 
by imprisonment not exceeding one year, or by 
fine not exceeding one thousand dollars. 

History.— §4, sub-ch. 9, ch. 1637, 1868; RS 2665; GS 3603; 
RGS 5523; CGL 7689. 
cf.— §775.06 Alternative punishment. 

387.08 Penalty for deposit of deleterious 
substance in lakes, rivers, streams, ditches, 
etc. — Any person, firm, company, corporation 
or association in this state, or the managing 
agent of any person, firm, company, corpora- 
tion or association in this state, or any duly 



Ch. 387 



POLLUTION OF WATERS 



Ch. 387 



elected, appointed or lawfully created state 
officer of this state, or any duly elected ap- 
pointed or lawfully created officer of any 
county, city, town, municipality, or municipal 
government in this state, who shall deposit, 
or who shall permit or allow any person or 
persons in their employ or under their con- 
trol, management or direction to deposit in 
any of the waters of the lakes, rivers, streams 
and ditches in this state, any rubbish, filth, or 
poisonous or deleterious substance or sub- 
stances, liable to affect the health of persons, 
fish, or live stock, or place or deposit any such 
deleterious substance or substances in any 
place where the same may be washed or in- 
filtrated into any of the waters herein named, 
shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof in any court of compe- 
tent jurisdiction, shall be fined in a sum not 
more than five hundred dollars; provided, fur- 
ther, that the carrying into effect of the 
provisions of this section shall be under the 
supervision of the state board of health. 

History.— SI, ch. 5954, 1909; RGS 5524; CGI. 7690. 

387.09 Septic tanks; construction require- 
ments. — Where soil and site conditions are 
suitable for the use of septic tank systems, 
metal septic tanks constructed in conformance 
with the requirements set by the federal hous- 
ing administration may be used; provided that 
no metal septic tanks shall be used where 
cinders are used as backfill material or where 
the ground water contains sufficient salt to be 
corrosive. 

History.— §1, ch. 28309, 1953. 

387.10 Proceedings for injunction. — 

(1) In addition to the remedies provided in 



this chapter and notwithstanding the exist- 
ence of any adequate remedy at law, the state 
health officer or other appropriate officer of 
the state board of health is authorized to make 
application for injunction to a circuit judge, 
and such circuit judge shall have jurisdiction 
upon a hearing and for cause shown to grant 
a temporary or permanent injunction or both 
restraining any person from violating or con- 
tinuing to violate any of the provisions of this 
chapter or from failing or refusing to comply 
with the requirements of this chapter, such 
injunction to be issued without bond provided, 
however, no temporary injunction without bond 
shall be issued except after a hearing of which 
the respondent or respondents has or have been 
given not less than seven days prior notice, 
and no temporary injunction without bond, 
which shall limit or prevent operations of an 
industrial, manufacturing or processing plant 
shall be issued, unless at the hearing, it shall 
be made to appear by clear, certain and con- 
vincing evidence that irreparable injury will 
result to the public from the failure to issue 
the same. 

(2) In event of the issue of a temporary 
injunction or restraining order hereunder with- 
out bond, then the state, in event said injunc- 
tion or restraining order was improperly, 
erroneously or improvidently granted, shall be 
liable in damages and to the same extent as if 
said injunction or restraining order had been 
issued upon application of a private litigant 
instead of a public litigant, and the state 
hereby waives its sovereign immunity and con- 
sents to be sued in any such case. 

History.— §§1, 2, ch. 57-216. 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



CHAPTER 388 
MOSQUITO CONTROL 



388.011 Definitions. 388.251 

388.021 Creation of mosquito control districts. 

388.031 Freeholders' petition for creation of 388.261 

district. 
388.041 Duty of county commissioners concern- 388.271 

ing petition. 388.281 

388.051 Election. 388.291 

388.061 Election limited to freeholders. 
388.071 Result of election. 388.301 

388.081 Ballot to contain names of candidates 

for commissioners. 388.311 

388.091 Form of ballot. 
388.101 District boards of commissioners; term 388.321 

of office. 
388.111 Same; vacancies. 388.322 

388.121 Same; organization. 

388.131 Same; surety bond. 388.323 

388.141 Same; compensation. 388.331 

388.151 Same; meetings. 388.341 

388.161 Same; powers and duties. 

388.162 Same; direction of the program. 388.351 
388.171 Same ; may contract for work or employ 

direct. 388.361 

388.181 Same; perform work necessary. 388.381 

388.191 Same ; eminent domain. 388.391 

388.201 District budgets, hearing. 
388.211 Change in district boundaries. 
388.221 Tax levy. 388.401 

388.231 Restrictions on use, loan or rental of 

equipment; charges. 388.411 

388.241 Board of county commissioners vested 388.42 

with powers and duties of board of 

commissioners in certain counties. 



388.011 Definitions. — As used in this act: 

(1) County means a political subdivison of 
the state administered by a board of county 
commissioners. 

(2) District means any mosquito control dis- 
trict established in this state by law for the 
express purpose of controlling arthropods with- 
in boundaries of said districts. 

(3) Board of commissioners means the gov- 
erning body of any mosquito control district, 
and may include boards of county commission- 
ers when context so indicates. 

(4) State board means the state board of 
health. 

(5) Arthropod means arthropods of public 
health importance, including all mosquitoes, 
midges, sandflies, dogflies, yellow flies and 
house flies. 

History.— §2, ch. 59-185; §1, ch. 63-236. 
Note. — Similar provisions in former §381.421. 

388.021 Creation of mosquito control dis- 
tricts. — The abatement or suppression of mos- 
quitoes and other arthropods, whether disease- 
bearing or merely pestiferous, within any or 
all counties of Florida, is advisable and neces- 
sary for the maintenance and betterment of the 
comfort, health, welfare and prosperity of the 
people thereof; and is found and declared to be 
for public purposes. All depressions, lagoons, 
marshes, ponds or lakes wherein mosquitoes 



Delegation of authority to county 
health department. 

State aid to districts; limitation on 
type of control ; amount. 

Prerequisites to participation. 

Use of state matching funds. 

Eliminative control measures; supervi- 
sion by state board. 

Payment of state funds; supplies and 
services. 

Carry over of state funds and local 
funds. 

Equipment to become property of the 
county or district. 

Record and inventory of certain prop- 
erty. 

Disposal of surplus property. 

Audit. 

Reports of expenditures and accom- 
plishments. 

Transfer of equipment, personnel and 
supplies during an emergency. 

Rules and regulations. 

Cooperation by counties and districts. 

Control measures in municipalities and 
portions of counties located outside 
boundaries of districts. 

Penalty for damage to property or oper- 
ations. 

Public lands, arthropod control. 

Laboratory west of St. Marks river; 
testing insecticides for arthropods 
control. 



incubate or hatch are declared to be public 
nuisances, as harmful or inimical to the com- 
fort, health, welfare and prosperity of the in- 
habitants and may be abated as hereinafter 
provided. Therefore any city, town, or county, 
or any portion or portions thereof, whether 
such portion or portions include incorporated 
territory or portions of two or more counties 
in the state, may be created into a special tax- 
ing district for the control of mosquitoes and 
other arthropods under the provisions of this 
chapter. 

History.— §2, ch. 59-195. 

Note.— Similar provisions in former §§388.01, 389.01, 390.02. 



388.031 Freeholders' petition for creation of 
district. — In order to create a district as au- 
thorized by this chapter, a petition signed by 
not less than fifteen per cent of the resident 
freeholders of said territory who are registered 
electors, shall be filed with the board of county 
commissioners of the county in which said dis- 
trict is to be located. Said petition shall de- 
scribe the territory to be included in said pro- 
posed district, the name of said district, and 
shall represent that the eradication or control 
of mosquitoes and other arthropods in said ter- 
ritory is necessary for the preservation of the 
public health, comfort and welfare of the 
inhabitants thereof, and that it is feasible and 
practicable to eradicate or control mosquitoes 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



and other arthropods in said territory, and 
shall request the board of county commis- 
sioners of said county to call and provide for 
an election to determine whether such district 
shall be created and also for the purpose of 
electing a board of commissioners for said 
district. 

History.— §2, ch. 59-195. 

Note.— Similar provisions in former §§388.02, 389.02, 390.03. 



388.061 Election limited to freeholders. — At 

said election only registered electors residing 
within said district who are freeholders there- 
in shall be qualified to vote. 

History.— §2, ch. 59-195. 

Note. — Similar provisions in former §390.09. 



388.071 Result of election.— If the board of 
county commissioners shall find and determine 
that the result of said election is adverse to 
the proposition of creating the proposed dis- 
trict for the control of mosquitoes and other 
arthropods under this chapter, no other elec- 
tion for the same purposes shall be held within 
one year thereafter; but if a majority of the 
votes cast at such special election shall be in 
favor of creating such district, then said board 
of county commissioners shall enter an order 
constituting the territory in which said special 
election was held, a district for the control of 
mosquitoes and other arthropods, designating 
said district by its name, and shall declare 
and publish the boundaries of said district 
once each week for two successive weeks in a 
newspaper of general circulation published in 
each county incorporated within the boundaries 
of the district. 



History.— §2, ch. 59-195. 

Note — Similar provisions in former §390.06. 



388.041 Duty of county commissioners con- 
cerning petition. — At the same meeting or any 
subsequent meeting not later than thirty days 
after the receipt of said petition, the board 
of county commissioners shall investigate the 
facts and find and determine whether such pe- 
tition has been duly signed by the requisite 
number of registered electors who are free- 
holders residing within said territory, and 
whether the improvements to be made by 
said district are for the benefit of the public 
health, comfort and welfare of the inhabitants 
thereof, and whether it is feasible and prac- 
ticable to eradicate or control mosquitoes and 
other arthropods in said territory, and shall 
order an election to be held in said territory 
to determine whether or not such territory 
shall be constituted into a district for the con- 
trol of mosquitoes and other arthropods, and 
to elect a board of commissioners for said 

district. The finding and determination by the 388.081 Ballot to contain names of candi- 

board of county commissioners that the said dates for commissioners. — The board of county 
petition has been duly signed by the requisite commissioners shall cause to be printed on the 
number of registered electors who are free- ballots for said election the names of any 
holders residing within said territory, and that qualified persons as candidates for the office 
the improvements proposed to be made are for f members of the board of commissioners of 
the public health, comfort and welfare, and sa iri district upon petition having been filed 
that the petition is in all respects strictly in with the board of count y commissioners signed 
accordance with the requirements of law, shall by not less than twenty-five qualified electors 
be regarded for all purposes as conclusive. for said electio which tition shall be filed 

History. — §2, ch. 59-195. ... _ .j , __, - 7 

Note.— similar provisions in former §39o.o4. with said board of county commissioners not 

388.051 Election.— The board of county com- ! ess th ** ten days before said election. Blank 

missioners shall fix the date for said election lmes > however, shall be placed on said ballot 

and shall have a notice of such election pub- so . that names of persons voted for may be 

lished once each week during four successive written thereon. 

weeks in a newspaper of general circulation H i s ,* 0,7 iT^ni S^JS:}^:. •* , =. .,.„ „„ 

...... t r ,. ,. . , -i . Note. — Similar provisions in former §390.07. 

published in each county incorporated within 

the boundaries of the proposed district. Said ooo not i?~_, „* u„ii„* rpi, . ,, . , , 

notice shall describe the territory proposed to "" - , 91 ? A °™ ° f ba "°,VT The ba "°* *° be 

be included in said district. The inspectors and ™ ed ** sa . ld e l ectlon sha " be in substantially 

clerks for said election shall be appointed by the following form: 

and the ballots to be voted shall be prepared OFFICIAL BALLOT 

and furnished by the board of county com- MOSQUITO CONTEOL DISTRICT 

missioners. The board of county commissioners COUNTY FLORIDA 

shall designate the polling place or places at stdw^tat pt -nAmr™ n _* a * n 

which such election shall be held. The inspec- SPECIAL ELECTION (Insert date) 

tors and clerks shall make returns to the board 1. Shall Mosquito Control District, 

of county commissioners and said board shall County, Florida, be created? 

canvass said election returns and declare the Yes. 

result thereof at a meeting to be held as soon j^ ' 

as practicable after said election. Upon the _ _ v ,. ' 

expiration of twenty days after the declaration 2 - shaI1 a separate or special board of commis- 

of the result of such election by the board sioners conduct the work? 

of county commissioners, such declaration of Yes. 

result shall be regarded for all purposes as con- No. 

C ™. S , 1 JJ!' «* ,„ M io, 3 - Make a cross mark ( x ) before the names of 

History. — §2, en. 59-l9o. , , , . , . _ - 

Note.— Similar provisions In former 81389.05, 390.05. the Candidates OI your choice. 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



FOE COMMISSIONERS OF 
MOSQUITO CONTROL DISTRICT: 
VOTE FOR THREE WRITE-IN VOTES 



History.— §2, ch. 59-195. 

Note. — Similar provisions in former §§388.04, 390.08. 

388.101 District board of commissioners; 
term of office. — 

(1) District boards of commissioners shall 
consist of the three persons receiving the high- 
est number of votes cast at such special election 
and shall be declared the commissioners under 
this chapter until their successors have been 
duly elected and qualified. Beginning with the 
next general election following the creation of 
the district, and in the general election each 
four years thereafter, the said commissioners 
shall be elected by the electors of the district, 
and the three persons receiving the highest 
number of votes cast in the general election 
shall serve four years and shall take office at 
the same time as do other county officers on 
the first Tuesday after the first Monday in 
January next after their election and serve on 
the same cycle as do other constitutional county 
officers. 

(2) The board of county commissioners shall 
call and provide for said election. Members of 
the district board of commissioners shall be 
resident registered electors who are freeholders 
in said district. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

Note. — Similar provisions in former §§388.08, 390.12. 

388.111 Same; vacancies. — In the event of 
a vacancy due to any cause in any board of 
commissioners, the same shall be filled by ap- 
pointment by the governor for the unexpired 
term. 

History. — §2, ch. 59-195. 

Note. — Similar provisions in former §388.11. 

388.121 Same; organization. — As soon as 
practicable after such commissioners have been 
elected and have qualified, they shall meet and 
organize by the election from among their 
number of a chairman, a secretary and a treas- 
urer. Two members of the board shall consti- 
tute a quorum. The vote of two members shall 
be necessary to transact business. 

History.— §2, ch. 59-195. 

Note — Similar provisions in former §§388.10, 390.13. 

388.131 Same; surety bond. — Each commis- 
sioner, before he assumes office, shall be re- 
quired to give the governor a good and suffi- 
cient surety bond in the sum of two thousand 
dollars, the cost thereof being borne by the 
district, conditioned on the faithful perform- 
ance of the duties of his office, said bond to 
be approved and filed in the same manner as is 
that of the board of county commissioners. The 
failure of any person to make and file this 
bond within ten days after his election shall 
create a vacancy on said board. 

History. — §2, ch. 59-195. 

Note. — Similar provisions in former §388.09. 



388.141 Same; compensation. — Members of 
the board of commissioners shall each be paid 
five dollars a day for each day's service; pro- 
vided the per diem compensation shall not ex- 
ceed the sum of three hundred dollars for each 
commissioner during any one year, and that 
the per diem herein provided for shall apply 
for services rendered for inspection of work or 
other services for the district under this chap- 
ter. Said members shall be reimbursed for trav- 
eling expenses incurred in the performance of 
their duties as provided in §112.061. 

History.— §2, ch. 59-195; §13, ch. 63-400. 
Note. — Similar provisions in former §390.14. 

388.151 Same; meetings. — All boards of 
commissioners shall hold regular monthly meet- 
ings, and special meetings as needed, in the 
courthouse or in the offices of the district. The 
time and place of said regular meetings shall 
be on file in the office of the bureau of ento- 
mology of the state board of health. 

History.— §2, ch. 59-195. 

Note.— Similar provisions in former §§388.14, 390.161. 

388.161 Same; powers and duties. — The 

board of commissioners may do any and all 
things necessary for the control and elimina- 
tion of all species of mosquitoes and other 
arthropods of public health importance and 
the board of commissioners is specifically au- 
thorized to provide for the construction and 
maintenance of canals, ditches, drains, dikes, 
fills, and other necessary works and to install 
and maintain pumps, excavators, and other 
machinery and equipment, to use oil, larvicide 
paris green or any other chemicals approved 
by the state board of health but only in such 
quantities as may be necessary to control mos- 
quito breeding and not be detrimental to fish 
life. 

The board of commissioners shall have all the 
powers of a body corporate, including the pow- 
er to sue and be sued as a corporation in said 
name in any court; to contract, to adopt and 
use a common seal and alter same at pleasure, 
to purchase, hold, lease, and convey such real 
estate and personal property as said board may 
deem proper to carry out the purpose of this 
chapter; to acquire by gift real estate, personal 
property and moneys and to employ a field di- 
rector and such trained personnel, legal, cleri- 
cal or otherwise, and laborers as may be re- 
quired. The board of commissioners shall pro- 
mulgate such rules and regulations not incon- 
sistent with the provisions of this chapter or 
with other legislation which in its judgment 
may be necessary for the proper enforcement of 
this chapter provided such rules and regula- 
tions are approved by the state board of health. 

History. — §2, ch. 59-195. 

Note.— Similar provisions in former §§388.15, 389.06, 389.09, 
390.11, 390.16, 390.17. 

388.162 Same; direction of the program. — 

The program shall be administered for the 
board of commissioners by a qualified person. 
The state board shall establish minimum quali- 
fications for employment of a director in ac- 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



cordance with the responsibilities attached to 
the position. 

History.— §2, ch. 63-236. 

388.171 Same; may contract for work or 
employ direct.— The board of commissioners 
may have any and all work performed by con- 
tract with or without advertisement, or with- 
out contract, by machinery, equipment and la- 
bor employed directly by the board of commis- 
sioners. 

History.— §2, ch. 59-105. 

Note.— Similar provisions in former §§388.21, 390.23. 

388.181 Same; perform work necessary. — 

The respective districts of the state are hereby 
fully authomed to do and perform all things 
necessary to carry out the intent and purposes 
of this law. 

History.— §2, ch. 59-195. 

Note. — Similar provisions in former §§381.571, 389.09. 

388.191 Same; eminent domain. — The board 
of commissioners may hold, control and acquire 
by gift or purchase for the use of the district, 
any real or personal property, and may con- 
demn any land or easements needed for the 
purposes of said district. Said board may exer- 
cise the right of eminent domain and institute 
and maintain condemnation proceedings as pro- 
vided in chapter 73. 

History. — §2, ch. 59-195. 

Note. — Similar provisions in former §§388.15, 389.09, 390.17. 

388.201 District budgets, hearing. — 

(1) The fiscal year of districts operating 
under the provisions of this chapter shall be 
the twelve month period extending from Octo- 
ber 1 of one year through September 30 of the 
following year. The governing board of the dis- 
trict shall before June 30 complete the prepara- 
tion of a detailed work plan budget covering its 
proposed operations and requirements for ar- 
thropod control measures during the ensuing 
fiscal year, and for the purpose of determining 
eligibility for state aid, shall submit copies as 
may be required to the state board for review 
and approval. The detailed work plan budget 
shall set forth, classified by account number, 
title and program items, and by fund from 
which to be paid, the proposed expenditures of 
the district for construction, for acquisition of 
land, and other purposes, for the operation and 
maintenance of the district's works, the con- 
duct of the district generally, to which may be 
added an amount to be held as a reserve. 

(2) The detailed work plan budget shall also 
show the estimated amount which will appear 
at the beginning of the fiscal year as obligated 
upon commitments made but uncompleted. There 
shall be shown the estimated unobligated or net 
balance which will be on hand at the beginning 
of the fiscal year, and the estimated amount to 
be raised by district taxes and from any and 
all other sources for meeting the district's re- 
quirements. 

(3) On a date to be fixed by the board of 
commissioners, said board shall publish a notice 
of its intention to adopt the budget or as the 
same may be amended for the district for the 
ensuing fiscal year. The notice shall set forth 



the total amount of funds budgeted under each 
title classification of the budget, subtotals by 
fund under each title classification, and grand 
totals. The notice shall advise all owners of 
property gubject to the district taxes that on 
a date, time, and place specified in the notice, 
opportunity will be afforded to such owners, 
their attorney or agent, to appear before the 
board, examine the work plan and detailed work 
plan budget if desired, and to show their ob- 
jections to adoption of the proposed budget. 
The notice shall be published for two consecu- 
tive weeks, at not less than seven day intervals, 
in a newspaper published in the county or 
counties having land in the district. The last 
insertion shall appear not less than one nor 
more than two weeks prior to the date set by 
the board for the hearing on the budget. If 
there be no such newspaper in the county, then 
the notice shall be posted as provided by 
§49.02. 

(4) The hearing shall be by and before the 
governing board of the district on a date to be 
fixed by said board not earlier than one week 
and not later than two weeks after the date 
of the last publication of notice of intention 
to adopt the budget, and may be continued 
from day to day until terminated by the board. 
Promptly thereafter, the governing board shall 
give consideration to objections filed against 
adoption of the budget and in its discretion, 
may amend, modify or change the tentative de- 
tailed work plan budget, and shall by Septem- 
ber 15 following, adopt and execute on a form 
furnished by the state board a certified budget 
for the district, which shall be the operating 
and fiscal guide for the district. Certified copies 
of this budget shall be submitted by Septem- 
ber 15 to the state board for approval. 

(5) County commissioners' mosquito and ar- 
thropod control budgets shall be made and 
adopted as prescribed by subsections (1) and 
(2) ; summary figures shall be incorporated into 
the county budgets as prescribed by the comp- 
troller. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

Note. — Similar provisions in former §390.162. 

388.211 Change in district boundaries. — The 

board of commissioners of any district may, 
for and on behalf of said district or the owners 
of real estate within or without said district, 
file a petition with the board of county com- 
missioners in each county having land within 
said district, requesting it to call an election 
of the qualified electors of the territory pro- 
posed to be annexed to, or eliminated from, the 
boundaries of the district, and also of the quali- 
fied electors within the district, to determine 
whether or not the boundary lines of the dis- 
trict shall be changed to include, or exclude, 
certain lands as described in the petition. 

When such a petition is filed, the board of 
county commissioners shall call an election as 
provided for in this chapter for the creation of 
districts. If the majority of votes cast in each 
election favors the change in boundary, the 
board of county commissioners shall amend 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



its order creating the district to conform with 
the change in boundary. 

History.— §2, ch. 59-195; §1, ch. 63-236. 
Note. — Similar provisions in former §390.163. 

388.221 Tax levy.— The board of commis- 
sioners of such district may levy upon all of 
the real and personal taxable property in said 
district a special tax not exceeding ten mills 
on the dollar during each year as maintenance 
tax to be used solely for the purposes author- 
ized and prescribed by this chapter. Said levy 
shall be made each year not later than July 1 
of each year by resolution of said board or a 
majority thereof, duly entered upon its minutes. 
Certified copies of such resolution executed in 
the name of said board by its chairman and 
secretary and under its corporate seal shall 
be made and delivered to the board of county 
commissioners of the county in which such dis- 
trict is located, and to the state comptroller 
not later than July 1 of such year. The board 
of county commissioners shall order the as- 
sessor of said county to assess and the col- 
lector of said county to collect the amount of 
taxes so assessed and levied by said board of 
commissioners of said district upon all of the 
taxable real and personal property in said dis- 
trict at the rate of taxation adopted by said 
board for said year and included in said resolu- 
tion, and said levy shall be included in the 
warrants of the tax assessor and attached to 
the assessment roll of taxes for said county 
each year. The tax collector shall collect such 
taxes so levied by said board in the same man- 
ner as other taxes are collected and shall pay 
the same within the time and in the manner 
prescribed by law to the treasurer of said 
board. The comptroller shall assess and levy 
on all the railroad lines and railroad property 
and telegraph and telephone lines and tele- 
graph and telephone property situated in said 
district in the amount of each such levy as in 
case of other state and county taxes, and col- 
lect said taxes thereon in the same manner 
as he is required by law to assess and collect 
taxes for state and county purposes, and remit 
the same to the treasurer of said board. All 
such taxes shall be held by said treasurer for 
the credit of said board and paid out by him 
as ordered by said board. 

History.— §2, ch. 59-195. 

Note. — Similar provisions in former 88388.17, 388.18, 390.18. 

388.231 Restrictions on use, loan or rental 
of equipment; charges. — 

(1) Equipment purchased for use in con- 
trol of mosquitoes and other arthropods and 
paid for with funds budgeted for arthropod 
control shall not be used for any private pur- 
pose. No county or district shall lend or rent 
equipment so purchased to any other depart- 
ment within the county, or to another county, 
district or any public agency or political sub- 
division of the state without the prior written 
approval of the state board; nor shall it be so 
lent or rented without making a use or rental 
charge for the use thereof. The state board is 
authorized to establish a fair use or rental 



charge on equipment so purchased and may 
require the maintenance of reasonable and 
proper records in connection with the loan or 
rental of such equipment. 

(2) Any district, county, municipality or 
public agency using said equipment on a use 
or rental basis shall send a warrant made pay- 
able to the county or district, or to such control 
fund of the county owning the equipment, for 
the full payment of such use or rent at the end 
of each month. All funds received by a county or 
district from the renting of its equipment shall 
be deposited promptly by the county or district 
in their state fund account. Upon failure of any 
county or district to secure prior written ap- 
proval from the state board before lending or 
renting its equipment, or upon the failure of 
the county or district to collect rents due for 
the use of its equipment at rates established by 
the state board, and to deposit said rents 
promptly under state funds, the state board 
may immediately remove the equipment and 
utilize it for arthropod control purposes in any 
other area of the state. 

History.— §2, ch. 59-195; §1, ch. 63-236. 
Note. — Similar provisions in former §381.521. 

388.241 Board of county commissioners 
vested with powers and duties of board of com- 
missioners in certain counties. — In those coun- 
ties voting against the formation of a separate 
or special board of commissioners, all the 
rights, powers and duties of a board of com- 
missioners as conferred in this chapter shall 
be vested in the board of county commissioners 
of said county. 

History. — §2, ch. 59-195. 

Note. — Similar provisions in former §388.05. 

388.251 Delegation of authority to county 
health department. — The board of county com- 
missioners may authorize the county health 
department to administer and direct arthropod 
control in the county provided by this chapter, 
upon the following conditions: 

(1) The county health department shall 
keep the books and make all reports required 
by this chapter. 

(2) All purchases, whether by bid or other- 
wise, shall be made in accordance with the pro- 
cedure followed by the board of county com- 
missioners in making other purchases. 

(3) The county health department shall sub- 
mit to the board of county commissioners, with 
supporting vouchers and invoices, monthly 
itemized statements of expenses incurred in 
carrying out the control program in the county. 

History.— §2, ch. 59-195. 

Note. — Similar provisions in former §381.541. 

388.261 State aid to districts; limitation on 
type of control; amount. — 

(1) Every county or district budgeting local 
funds, derived either by special tax levy or 
funds appropriated or otherwise made avail- 
able for the control of mosquitoes and other 
arthropods under a plan submitted by the coun- 
ty or district and upon approval by the state 
board, shall be eligible to receive state funds, 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



supplies, services and equipment on a dollar 
for dollar matching basis up to but not ex- 
ceeding fifteen thousand dollars for any one 
county for any one year. These funds may be 
expended for any and all types of control mea- 
sures approved by the state board. 

(2) In addition, every county or district 
budgeting local funds to be used exclusively 
for the control of mosquitoes and other ar- 
thropods under a plan submitted by the county 
or district and approved by the state board, 
shall be eligible to receive state funds and 
supplies, services and equipment for per- 
manent control measures up to but not ex- 
ceeding seventy-five per cent of the amount of 
local funds budgeted for such control. Should 
state funds appropriated by the legislature be 
insufficient to grant each county or district 
seventy-five per cent of the amount budgeted 
in local funds, the state board shall prorate 
said state funds based on the amount of match- 
able local funds budgeted for expenditure by 
each county or district. 

(3) Every county shall be limited to re- 
ceive a total of one hundred fifty thousand dol- 
lars of state funds, exclusive of state funds 
brought forward, during any one year. 

History.— 52, ch. 59-195; §1, ch. 63-236. 

Note. — Similar provisions in former §381.431. 

388.271 Prerequisites to participation. — 

(1) Each county or district eligible to par- 
ticipate hereunder may begin participation on 
October 1 of any year by filing with the state 
board not later than July 1 a work plan and 
detailed work plan budget providing for the 
control of mosquitoes or other arthropods. Fol- 
lowing approval of the plan and budget by 
the state board, two copies of the county's or 
district's certified budget based on the ap- 
proved work plan and detailed work plan budg- 
et shall be submitted to the state board not 
later than September 15 following. State funds, 
supplies and services shall be made available 
to such county or district by and through the 
state board immediately upon release of funds 
by the budget commission. 

(2) All purchases of supplies, materials and 
equipment by counties or districts shall be 
made in accordance with the laws governing 
purchases by boards of county commissioners, 
except that districts with special laws relative 
to competitive bidding shall make purchases 
in accordance therewith. 

History.— §2, ch. 59-195; II, ch. 63-236. 
Note. — Similar provisions in former §381.451. 

388.281 Use of state matching funds. — 

(1) All funds, supplies and services re- 
leased to counties and districts hereunder shall 
be used in accordance with the detailed work 
plan and certified budget approved by both 
the state board and the county or district. The 
plan and budget may be amended at any time 
upon prior approval of the state board. 

(2) All funds, supplies and services re- 
leased on the seventy-five per cent matching 
basis shall be used exclusively for permanent 
eliminative measures, unless otherwise ap- 
proved by the state board. These measures in- 



clude sanitary landfills, drainage, diking, filling 
of mosquito and other arthropod breeding 
areas, and the purchase, maintenance and oper- 
ation of all types of equipment including trucks, 
dredges, draglines, bulldozers or any other type 
of machinery and materials utilized in ditching, 
ditch lining, ditch construction, diking, filling, 
hiring personnel, rental of equipment and pay- 
ment for contract work awarded to the lowest 
responsible bidder. 

(3) Should a control problem exist in a 
county or district where it would not be eco- 
nomically sound or feasible to carry on perma- 
nent control work, a county or district may be 
authorized by the state board to use seventy- 
five per cent matching funds for temporary 
control measures. 

(4) In any county or district where the ar- 
thropod problem has been eliminated, or re- 
duced to such an extent that it does not con- 
stitute a health, comfort, or economic problem 
as determined by the state board, the maximum 
amount of state funds available under this 
chapter shall be reduced to the amount neces- 
sary to meet actual need. 

History.— §2, ch. 59-195; |1, ch. 63-236. 
Note.— Similar provisions in former §381.471. 

388.291 Eliminative control measures; su- 
pervision by state board. — 

(1) Any county or district may perform 
permanent eliminative control measures in con- 
formity with good engineering practices in any 
area, provided the state board cooperating with 
the county or district has approved the operat- 
ing or construction plan, and it has been deter- 
mined that the area or areas to be controlled 
would produce mosquitoes or other arthropods 
in significant numbers to constitute a health 
or comfort problem. 

(2) The county or district shall manage the 
detailed business affairs and supervise said 
work, and the state board shall advise the 
districts as to the best and most effective mea- 
sures to be used in bringing about better tem- 
porary control and the permanent elimination 
of breeding conditions. The state board may at 
its discretion discontinue any state aid provided 
hereunder in the event it finds the jointly 
agreed upon program is not being followed, or 
is not efficiently and effectively administered. 

History.— §2, ch. 59-195; §1, ch. 63-236. 
Note.— Similar provisions in former §381.531. 

388.301 Payment of state funds; supplies 
and services. — State funds shall be payable 
quarterly, in accordance with the rules and 
regulations of the state board, upon requisition 
by the state board to the comptroller. The state 
board is authorized to furnish insecticides, 
chemicals, materials, equipment, vehicles and 
personnel in lieu of state funds where mass 
purchasing may save funds for the state, or 
where it would be more practical and economi- 
cal to utilize equipment, supplies, and services 
between two or more counties or districts. 

History.— §2, ch. 59-195; |L ch. 63-236. 

Note. — Similar provisions in former §381.441. 

388.311 Carry over of state funds and local 
funds. — State and local funds budgeted for the 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



control of mosquitoes and other arthropods 
shall be carried over at the end of the county 
or district's fiscal year, and rebudgeted for 
such control measures the following fiscal year. 

History.— §2, ch. 59-195. 

Note. — Similar provisions in former $381,481. 

388.321 Equipment to become property of 
the county or district. — All equipment pur- 
chased under this chapter with state funds 
made available directly to the county or district 
shall become the property of the county or dis- 
trict unless otherwise provided, and may be 
traded in on other equipment, or sold, when no 
longer needed by the county or district. 

History.— §2, ch. 59-195; §1, ch. 63-236. 
Note. — Similar provisions in former §381.491. 

388.322 Record and inventory of certain 
property. — A record and inventory of certain 
property owned by the district shall be main- 
tained in accordance with §274.02. 

History.— §2, ch. 63-236. 

388.323 Disposal of surplus property. — Sur- 
plus property shall be disposed of according to 
the provisions set forth in §274.05 with the 
following exceptions: 

(1) Serviceable equipment no longer need- 
ed by a county or district shall first be offered 
to any or all other counties or districts engaged 
in arthropod control at a price established by 
the board of commissioners owning the equip- 
ment. If no acceptable offer is received within 
a reasonable time, the equipment shall be 
offered to such other governmental units as de- 
fined in §274.05. 

(2) The alternative procedure for disposal 
of surplus property, as prescribed in §274.06, 
shall be followed if it has been determined no 
other county, district, or governmental unit has 
need for the equipment. 

(3) All proceeds from the sale of any real 
or tangible personal property owned by the 
county or district shall be deposited in the 
county's or district's state fund account unless 
otherwise specifically designated by the state 
board. 

History.— §2, ch. 63-236. 

388.331 Audit. — All counties and districts 
carrying out programs for the control of mos- 
quitoes and other arthropods involving the ex- 
penditure of state funds shall set up and main- 
tain books and records under a method ap- 
proved by the state auditing department and 
be subject to audit by same. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

Note. — Similar provisions in former §§381.501, 388.22, 390.15. 

388.341 Reports of expenditures and accom- 
plishments. — Each county and district partici- 
pating under the provisions of this chapter 
shall within thirty days after the end of each 
month submit to the state board a monthly re- 
port for the preceding month of expenditures 
from all funds for arthropod control, and such 
reports of activities and accomplishments as 
may be required by the state board. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

Note. — Similar provisions in former §381.461. 



388.351 Transfer of equipment, personnel 
and supplies during an emergency. — The state 
board, upon notifying a county or district and 
obtaining its approval, is authorized to trans- 
fer equipment, materials and personnel from 
one district to another in the event of an emer- 
gency brought about by an arthropod-borne 
epidemic or other disaster requiring emergency 
control. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

Note. — Similar provisions in former §381.511. 

388.361 Rules and regulations. — The state 
board is hereby authorized and empowered to 
adopt rules and regulations necessary and ap- 
propriate to enable it to perform the work and 
responsibilities hereunder. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

Note. — Similar provisions In former §381.561. 

388.381 Cooperation by counties and dis- 
tricts. — Any county or district carrying on an 
arthropod control program may cooperate with 
another county, district or municipality in car- 
rying out a program for the control of mos- 
quitoes and other arthropods, by agreement as 
to the program and reimbursement thereof, 
when approved by the state board. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

388.391 Control measures in municipalities 
and portions of counties located outside bound- 
aries of districts. — Any district whose operation 
is limited to a portion of the county in which 
it is located may perform any control measures 
authorized by this chapter in any municipality 
located in the same county or in any portions 
of the same county, where there is no estab- 
lished district, when requested to do so by the 
municipality or county, pursuant to §388.381. 

History.— §2, ch. 59-195; §1, Ch. 63-236. 

388.401 Penalty for damage to property or 
operations. — Whoever shall wilfully damage any 
of the property of any county or district created 
under this or other chapters, or any works con- 
structed, maintained or controlled by such 
county or district, or who shall obstruct or 
cause to be obstructed any of the operations of 
such county or district, or who shall knowingly 
or wilfully violate any provisions of this chap- 
ter or any rule or regulation promulgated by 
any board of commissioners of any county or 
district shall upon conviction thereof be pun- 
ished as provided in the general law for punish- 
ment of misdemeanors. 

History.— §2, ch. 59-195; §1, ch. 63-236. 

Note.— Similar provisions In former §§388.26, 389.11, 390.24. 

388.411 Public lands, arthropod control. — 

(1) It is declared to be in the best interests 
of the state that all public lands owned by the 
state, or any county, district, city, or other 
political unit, shall be subject to mosquito, sand 
fly, and other arthropod controls of the state 
board of health not inconsistent with the pro- 
visions of subsection (4) in order to provide as 
nearly as possible a system of uniform and 
complete control. 

(2) Any lands in the state hereafter granted 
by the state to a state or federal agency, county, 



Ch. 388 



MOSQUITO CONTROL 



Ch. 388 



district, or other political unit, shall contain a 
reservation or condition providing that arthro- 
pod control operations shall be conducted there- 
on, if deemed necessary, by the state board of 
health except where the governor shall deem 
that the same is unnecessary. 

(3) As to lands now held by the United 
States, or any federal agency in the state, the 
state board of health is authorized to enter 
negotiations for the purpose of working out 
agreements permitting the state board of health, 
or any local anti-mosquito, sand fly, arthropod 
control unit cooperating with the state board of 
health, to carry on arthropod control operations 
on any of said lands. 

(4) When any lands or water areas subject 
to this act lie within an area where the state 
board of health determines that mosquitoes, 
sand flies or other arthropods of public health 
importance which may cause sickness or dis- 
comfort to the surrounding human population, 
may be bred, said areas shall be subject to 
control operations. The involved agencies shall 
mutually agree on the control procedure or 
plan and the methods employed shall be the 
minimum necessary and economically feasible 
and imposing the least hazard to the fish and 



wildlife being protected or managed in said 
areas. Such agreement shall be between the 
state or federal agencies managing the areas, 
the state board of health, and the local mosquito 
control agency in whose jurisdiction these 
lands or waters may lie. 

History.— §§1-4, ch. 61-382. 

388.42 Laboratory west of St. Marks river; 
testing insecticides for arthropods control. — 

(1) The state board of health is hereby au- 
thorized to construct, maintain and operate a 
laboratory at a suitable location on the gulf 
coast, west of the St. Marks river, for the pur- 
pose of testing insecticide resistance in dogflies, 
yellow flies and other arthropods, and to carry 
out other experimental work with chemicals, 
insecticides, and other substances and proce- 
dures, for testing effective methods for the 
control of such flies and other arthropods. 

(2) Any funds which may become available 
from the federal government, from the board of 
county commissioners of the county in which 
the laboratory is to be established, or from any 
other sources, may be used according to law 
in constructing, equipping and operating of 
said buildings. 

History.— §§1, 2, ch. 63-443. 



Ch. 391 



FLORIDA CRIPPLED CHILDREN'S COMMISSION 



Ch. 391 



CHAPTER 391 
FLORIDA CRIPPLED CHILDREN'S COMMISSION 



391.01 Definition of "a crippled child." 

391.02 Florida crippled children's commission 

created. 

391.03 Members of commission; appointment, 

qualifications, chairman, and ex- 
penses. 

391.04 Powers and duties of the commission. 

391.01 Definition of "a crippled child."— For 

the purpose of this chapter "a crippled child" 
is defined as any person of normal mentality 
under the age of twenty-one years whose physi- 
cal functions or movements are impaired by 
accident, disease or congenital deformity, re- 
gardless of whether or not such impaired physi- 
cal functions or movements are due to an ortho- 
pedic condition; it shall include children suf- 
fering from any disease or condition which is 
likely to result in a crippling condition. Nothing 
in this chapter shall be construed to limit the 
duties, functions and services of the Florida 
crippled children's commission to orthopedic 
cases. 

History.— §1, ch. 13620, 1929; CGL 1936 Supp. 3640(1); §1, 
ch. 19430, 1939; §1, ch. 24366, 1947. 

391.02 Florida crippled children's commis- 
sion created. — There is hereby created the 
Florida crippled children's commission which 
shall consist of five citizens of the state who 
shall be appointed by the governor and who 
shall maintain a central office at the capital 
of the state, and whose terms of office shall 
be for four years and until their succes- 
sors are appointed and qualified, except that 
of the first commission appointed under this 
chapter, two members shall be appointed for 
the term of two years and three members 
thereof shall be appointed for the term of four 
years, and thereafter every such appointment 
shall be for the term of four years, except in 
cases of an appointment to fill a vacancy in 
which case the appointment shall be for the 
unexpired term. The governor may remove 
any member of such commission for cause and 
shall fill all vacancies which may at any time 
occur therein. 

History.— §2, ch. 13620, 1929; CGL 1936 Supp. 3640(2); 
52, ch. 19430, 1939. 

391.03 Members of commission; appoint- 
ment, qualifications, chairman, and expenses. 

— The governor shall select and appoint to the 
Florida crippled children's commission, five 
citizens of Florida, provided, that not more 
than one appointee shall be selected from any 
one congressional district, and that such ap- 
pointee shall be able and willing to devote the 
time and energies necessary to the meetings 
and any other work necessary to be done by 
said commission, and further, such appointee 
shall not be a holder of any elective office, nor 
shall he be a stockholder of any institution 
benefiting from the activities of the commis- 
sion excepting, however, if such member is a 
stockholder in any institution that is created 



391.05 Approved orthopedic centers. 

391.06 Employment of surgeons, etc. 

391.07 Indigent and semi-indigent cases. 

391.08 Surveys, diagnostic clinics and future 

legislation. 

391.09 Appropriation. 

391.10 Funds. 

and operated for non profit then this inhibition 
as to the member's qualification shall not apply. 

If any member of the commission during his 
tenure of office on such commission shall be- 
come a candidate for any public office, such 
person shall resign from the said commission, 
and if such person fails to resign from said 
commission the governor shall remove such 
person. 

No member of this commission shall hold 
any other elective office during his or her ten- 
ure of office on said Florida crippled children's 
commission. 

Said commission, immediately after appoint- 
ment, shall assemble at such place within the 
state as may be agreed upon by the members 
and organize by selecting one of their mem- 
bers as chairman. The chairman shall be elect- 
ed for a term of one year; however, he may 
succeed himself. The members of said com- 
mission shall be reimbursed for traveling ex- 
penses as provided in §112.061. 

History.— §3, ch. 13620, 1929; CGL 1936 Supp. 3640(3); §3, 
ch. 19430, 1939; §19, ch. 63-400. 

391.04 Powers and duties of the commis- 
sion. — 

(1) The Florida crippled children's commis- 
sion shall be a body corporate and shall have a 
corporate seal to be selected by it at its first meet- 
ing. Said commission shall employ an execu- 
tive secretary, subject to the approval of the 
governor, who shall have a proper knowledge of 
community organization work and an under- 
standing of the fundamental principles of pub- 
lic health and social work and who shall have 
had at least one year's actual experience or 
training in an accredited public health or social 
work organization, and shall not be a paid di- 
rector, associate or employee of any facility 
rendering any service under said commission. 
Said commission may remove the executive sec- 
retary at will, and employ all necessary clerks, 
servants and employees not otherwise provided 
herein; formulate and adopt general policies 
and adopt an annual budget and plan; meet 
at regular intervals to review and approve the 
acts and expenditures of the executive secre- 
tary on its behalf, such times and intervals to 
be agreed upon by the commission. Emergency 
meetings of the commission shall be called by 
the chairman when necessary and advisable. 
In case of the disability, failure or refusal of 
the chairman to call an emergency meeting, 
such meeting may be called by a majority of 
the commission and the notice of the time and 
place of such meeting signed by a majority of 



Ch. 391 



FLORIDA CRIPPLED CHILDREN'S COMMISSION 



Ch. 391 



the members shall be attached to and made a 
part of the permanent minutes of such emer- 
gency meeting. The executive secretary ap- 
pointed by the commission shall have the fol- 
lowing powers and duties: 

(a) To direct activities of the personnel un- 
der the commission. 

(b) To approve all applications for admis- 
sion to hospitals or convalescent homes except 
in cases of emergency. 

(c) Subject to authorization of the com- 
mission, to approve or disapprove all bills of 
expenditures and send to the comptroller, 
monthly, for payment. 

(d) To maintain his office at the central 
office. 

(e) To maintain, keep and preserve such 
records and files in the central office as the 
commission shall direct. 

(f) Upon authorization of the commission 
to enter into contracts with hospitals, operat- 
ing centers, convalescent homes, brace manu- 
facturers and other manufacturers or supply 
houses. 

(2) Said commission may contract or be con- 
tracted with, sue and be sued, plead and be im- 
pleaded in all courts of law and equity, and 
receive donations and bequests. Said commis- 
sion shall have and possess all the powers of 
a body corporate for all the purposes created 
by or that may exist under the provisions of 
this chapter. 

History.— 810, ch. 13620, 1929; CGL 1936 Supp. 3640(10); 
54, ch. 19430, 1939. 

391.05 Approved orthopedic centers. — As 

soon as practicable after the appointment and 
organization of the Florida crippled children's 
commission, from time to time, and thereafter, 
such commission shall select and designate hos- 
pitals, clinics, convalescent homes, or other 
medical centers from those approved either by 
the American college of surgeons, American 
hospital association or the state board of 
health as orthopedic centers, the same to be 
located in various sections of the state, so as to 
serve most economically and efficiently the crip- 
pled children who may need care and treat- 
ment; the number and location of such ortho- 
pedic centers to be within the discretion of the 
said commission. Said commission may pay 
reasonable costs to such orthopedic centers for 
the surgical or medical care or treatment of 
crippled children placed therein by said com- 
mission. 

History.— 54, Ch. 13620, 1929; CGL 1936 Supp. 8640(4). 

391.06 Employment of surgeons, etc. — The 

commission may employ from time to time such 
orthopedic surgeons as it may deem necessary 
for the proper treatment or care of crippled 
children, provided no orthopedic surgeon shall 



be employed unless his professional standing 
and ability as such has been certified to by the 
Florida state health officer, and said commis- 
sion may employ from time to time physicians, 
nurses or such other help as it may deem nec- 
essary and proper to carry out its functions. 

History.— §5, ch. 13620, 1929; CGL 1936 Supp. 3640(5). 

391.07 Indigent and semi-indigent cases. — 
The commission may provide for the surgical 
and medical care or treatment of indigent and 
semi-indigent crippled children, provided how- 
ever, that the commission shall, prior to provid- 
ing such care or treatment, cause to be made a 
medical, social and economic investigation by 
qualified personnel, to determine the financial 
ability of the parents or persons standing in 
loco parentis to provide the necessary medical 
care or treatment of said crippled child. If, 
after investigation, the commission is satisfied 
that the parents or person standing in loco 
parentis are financially unable, in whole or in 
part, to pay for the care or treatment, then such 
crippled children may be cared for and treated 
by the commission under such rules and regula- 
tions as may be prescribed by said commission. 

History-— §6, ch. 13620, 1929; CGL 1936 Supp. 8640(6). 
Am. fl, ch. 57-21. 

391.08 Surveys, diagnostic clinics and fu- 
ture legislation. — The commission may assist 
all interested local agencies in making surveys 
concerning crippled children and may organ- 
ize and supervise public diagnostic clinics un- 
der the direction of approved orthopedic sur- 
geons and shall cooperate with the state de- 
partment of education in the development of 
a future legislative program relating specific- 
ally to the education of crippled children. 

History.— §7, ch. 13620, 1929; CGL 1936 Supp. 8640(7). 

391.09 Appropriation. — There shall be in- 
cluded in the biennial general appropriations 
act from the general revenue fund sufficient 
monies for the purpose of carrying out the 
provisions of this chapter. 

History.— §8, ch. 13620, 1929; COL 1936 Supp. 8640(8). 
Am. §68, ch. 26869, 1961. 

391.10 Funds. — The treasurer of the state 
shall pay out all money and funds provided 
for in this chapter, upon proper warrant is- 
sued by the comptroller of the state, drawn 
upon vouchers approved by the commission, 
and the commission shall make annual report 
to the governor, showing in detail amounts 
received and the expenditures, when paid and 
to whom. All donations or other receipts of 
money by the commission shall be paid into 
the state treasury and the same is re-appro- 
priated for the purposes of this chapter. 

History.— 59, ch. 18620, 1929; CGL 1986 Supp. 8640(9). 






Ch. 392 



TUBERCULOSIS HOSPITALS 



Ch. 392 



CHAPTER 392 
TUBERCULOSIS HOSPITALS 



392.01 
392.02 

392.03 
392.04 

392.05 



392.06 



State tuberculosis board. 

State tuberculosis board to be a body 
corporate. 

State tuberculosis hospital. 

State tuberculosis board may establish 
district hospitals; financing. 

Boards of county commissioners may 
contract with state tuberculosis 
board for use of beds in district 
hospitals by indigent tuberculars. 

State tuberculosis board to operate and 
prescribe rules for state tuberculosis 
hospital. 

Prohibition of intoxicants. 

Admission of patients ; funds contribut- 
ed by counties. 

Ward of federal government may be 
received in tuberculosis hospital. 

Out-patient department. 

Appropriation. 

Disbursement of funds. 

Additional powers of board. 

W. T. Edwards tuberculosis hospital. 

The northeast Florida tuberculosis 
hospital. 

Petition; contents. 



392.061 
392.07 

392.091 

392.11 
392.12 
392.13 
392.14 
392.24 
392.241 

392.25 

392.01 State tuberculosis board. — There is 
created a state tuberculosis board which shall 
consist of five citizens of the state who shall 
be appointed by the governor, and their terms 
of office shall be for four years and until 
their successors are appointed and qualified, 
provided however, that nothing herein shall 
be construed to affect the term of the present 
members of the board. The governor may re- 
move any member of such board for cause and 
shall fill all vacancies that may at any time 
occur therein, in which case the appointment 
shall be for the unexpired term. 

The board shall elect a chairman as often 
as that office shall become vacant. The mem- 
bers of said board shall be reimbursed for 
traveling expenses as provided in §112.061. 

History.— §§2, 3, ch. 12284, 1927; CGL 3309, 3310; §1, ch. 28136, 
1953; S19, ch. 63-400. 

392.02 State tuberculosis board to be a body 
corporate. — The state tuberculosis board shall 
be a body corporate and shall have a corporate 
seal to be selected by it at its first meeting; 
shall select a secretary and remove him at will ; 
have and employ all necessary clerks, servants 
and employees; shall have power to contract 
and be contracted with; sue and be sued; plead 
and be impleaded in all courts of law and 
equity; to receive donations and bequests; to 
make purchases of lands and tenements, and to 
contract for the sale and disposal of the same, 
but the title to all such donations, bequests and 
property, however acquired, shall be vested in 
the state tuberculosis board, and shall only be 
transferred and conveyed by it, and it shall 
have and possess all the powers of a body cor- 
porate for all the purposes created by or that 



392.26 Order on petition; appointment of ex- 

amining committee; notice; hearing 
on report of committee. 

392.27 Detention of alleged tuberculous in- 

fected person pending hearing on 
report of examining committee. 

392.28 Right of appeal from order commit- 

ting person to state tuberculosis hos- 
pital. 
392.281 Isolation; misconduct. 

392.29 State tuberculosis board authorized to 

provide adequate facilities; payment 
of cost of treatment. 

392.30 Sheriff or constable to deliver person to 

state tuberculosis hospital. 

392.31 Return of person to state tuberculosis 

hospital. 

392.32 Appointment of counsel to represent 

indigent person. 

392.33 Fees and other compensation; payment 

by board of county commissioners. 

392.34 Service of notices, processes, and or- 

ders by sheriff and constable. 

392.35 Treatment by prayer or spiritual 

means in exercise of religious free- 
dom. 

392.36 Forms to be prescribed. 

may exist under the provisions of this chapter, 
or any act or acts amendatory thereof. 

History.— §9, ch. 12284, 1927; CGL. 8816; am. §7, oh. 
24337, 1947. 

392.03 State tuberculosis hospital. — There 
shall be established within the state a hospital 
to be designated and known as "state tuber- 
culosis hospital" for tubercular patients. 

History.— §1, ch. 12284, 1927; CGL 3808. 

392.04 State tuberculosis board may estab- 
lish district hospitals; financing. — The state 
tuberculosis board may divide the state into 
not more than five districts, and establish, 
conduct, maintain and operate in each of said 
districts a tuberculosis hospital for the treat- 
ment of persons suffering from said disease, 
and for that purpose obtain loans from the 
federal government, or any agency thereof, or 
from any other available source, and provide for 
the securing and repayment of said loans in any 
manner. 

History.— 51, eh. 17469, 1936; CGL, 1936 Supp. 8316(1); 
am. 51, ch. 22763, 1945. 

392.05 Boards of county commissioners 
may contract with state tuberculosis board for 
use of beds in district hospitals by indigent 
tuberculars. — The boards of county commis- 
sioners of the several counties of the state 
may rent, lease or otherwise contract with 
the state tuberculosis board for the use of 
beds in such district hospitals by tuberculous 
persons from their respective counties who 
are financially unable to pay for such treat- 
ment, under such rules and regulations as may 
be prescribed by the state tuberculosis board. 

History— 52. ch. 17469, 1936; CGL. 1936 Supp. 8816(2). 



Ch. 392 



TUBERCULOSIS HOSPITALS 



Ch. 392 



392.06 State tuberculosis board to operate 
and prescribe rules for state tuberculosis 
hospital. — The state tuberculosis hospital shall 
be operated by and under the direction and 
control of the state tuberculosis board under 
such rules and regulations as it may from 
time to time prescribe therefor. 

History .—§5, oh. 12284, 1927; CGI. 3312. 

392.061 Prohibition of intoxicants. — It shall 
be unlawful for any person, firm or corpora- 
tion, regardless of whether a patient, visitor 
or otherwise, to bring or possess any intoxi- 
cating liquor or beverage on the grounds or in 
any building of a state tuberculosis hospital, 
without the written permission and approval 
of the medical director of the hospital con- 
cerned. Any person violating this section shall 
be guilty of a misdemeanor and upon convic- 
tion shall be punished as provided by §775.07. 

History.— Comp. §2, ch. 29868, 1956. 

392.07 Admission of patients; funds con- 
tributed by counties. — 

(1) Any tuberculous person who has been 
an actual bona fide and continuous resident of 
Florida for one year may be admitted to the 
hospitals by the state tuberculosis board under 
rules and regulations prescribed by the board; 
provided, the county sending such patient shall 
have assumed responsibility for, and made satis- 
factory financial arrangements with, the state 
tuberculosis board for the payment by such 
county of one dollar and twenty-five cents per 
diem hospital charges for each such patient. 
If a person admitted to any of said hospitals 
is able to pay all or any part of his or her per 
diem hospital charges, the county sending such 
patient shall collect the one dollar and twenty- 
five cents per diem required to be paid by the 
county, and the county shall retain the one dol- 
lar and twenty-five cents per diem to reimburse 
itself for the per diem charge it has paid or 
is obligated to pay for such patient. If the 
patient is able to pay more than one dollar and 
twenty-five cents on his or her per diem charge 
such additional payment shall be made to the 
state tuberculosis board. 

(2) The state tuberculosis board may also 
admit to any hospital operated by it any 
other tuberculous person who may be certified 
to the board by any county in the state, or by 
any agency of the federal government, upon 
such terms and conditions as may be prescribed 
by said board and provided satisfactory ar- 
rangements are made with said board for the 
payment of all hospital charges for the care 
and maintenance of said tuberculous person 
while in the hospital. 

(3) The state tuberculosis board shall pre- 
scribe what amount shall be charged for the 
care and maintenance of each tuberculous pa- 
tient, except indigent and semi-indigent pa- 
tients, received in any of said hospitals while 
such patients are receiving treatments therein 
or in and out-patient department of said hos- 
pitals. 

(4) All moneys required to be paid by the 



several counties and patients for the care and 
maintenance of patients in the hospitals or 
while being treated by the out-patient depart- 
ment, shall be paid to the state tuberculosis 
board, and said board shall forthwith transmit 
the same to the treasurer of the state who 
shall place the same in two accounts as fol- 
lows, to-wit: (1) such amounts as the board 
shall from time to time designate as neces- 
sary to meet the interest and sinking fund re- 
quirements of the board shall be placed in the 
state tuberculosis hospitals interest and sinking 
fund trust fund; and (2) the balance of the 
money transmitted to the treasurer of the state 
shall be placed in the hospitals maintenance 
trust fund. All moneys from all sources received 
by the board, other than from the state and 
other than the funds now or hereafter in the 
state tuberculosis hospitals interest and sinking 
fund trust fund, shall be placed in a separate 
fund known as the hospitals maintenance trust 
fund. All moneys now in or hereafter placed in : 
(a) the state tuberculosis hospitals interest 
and sinking fund trust fund are hereby appro- 
priated to the use of the board to be expended 
in the payment of interest and sinking fund 
charges of the board; and (b) the hospitals 
maintenance trust fund, are hereby appropri- 
ated to the use of the board to be expended in 
carrying out its other powers and duties, and 
said moneys shall not be deducted from any 
sums of money otherwise appropriated by the 
state to the board, and such moneys shall be 
disbursed as provided in §392.13. 

History.— §1, ch. 18284, 1937; CGL 1940 Supp. 3816(4); 
§2, ch. 22763, 194S; §1, ch. 25240, 1949; (4) a. by §2, ch. 61-119. 

392.091 Ward of federal government may be 
received in tuberculosis hospital. — The state 
tuberculosis board is hereby authorized and em- 
powered, in its discretion, to receive for hos- 
pitalization, care and treatment in any tuber- 
culosis hospital operated by said board, any 
tuberculous ward or charge of the federal gov- 
ernment or any agency thereof, under such rules 
and regulations and upon such terms and con- 
ditions as said board may from time to time pre- 
scribe. Said state tuberculosis board is also au- 
thorized to enter into such contracts as it may 
deem necessary with the federal government, or 
any agency thereof, in relation to any of the 
powers hereby granted to said state tuberculosis 
board. 

History.— 51, ch. 22764, 1945. 

392.11 Out-patient department. — The state 
tuberculosis board may establish an out-patient 
department in connection with the operation 
of said hospital and furnish to patients in 
such out-patient department such treatments, 
medical assistance and check-ups as said board 
may deem necessary, and said board may pre- 
scribe from time to time such rules and reg- 
ulations as may be found necessary for the 
proper conduct and operation of the out-pa- 
tient department of the hospital. 

History.— §5, ch. 18284, 1937; 52, ch. 19025, 1989; CGL 
1940 Supp. 3316(8). 



Ch. 392 



TUBERCULOSIS HOSPITALS 



Ch. 392 



392.12 Appropriation. — The legislature shall 
include in its biennial appropriations bill a suf- 
ficient sum for the purpose of carrying out 
the provisions of this chapter. 

History.— §6, ch. 18284, 1937; II, ch. 19016, 1939; CGL 
1940 Supp. 3316(9); §69, ch. 26869, 1951. 

392.13 Disbursement of funds. — All expen- 
ditures of the state tuberculosis board shall 
be made upon voucher or vouchers issued and 
certified by the auditor of the board, or any 
other person designated by the board, and coun- 
tersigned by the chairman of the board, or a 
person or persons designated by him in writing 
for a specified period of time; provided, how- 
ever, that all expenses for the operation of the 
hospitals shall be approved by the medical 
director of the hospital or an alternate desig- 
nated in writing by the said medical director, 
and countersigned by the chairman of the 
board or by a person or persons designated in 
writing by the chairman ; all expenditures shall 
be paid by warrant issued by the comptroller 
upon the state treasurer. 

History.— §8, ch. 12284, 1927; COL 3315; {27, ch. 29615 and 
{3, ch. 29868, 1955. 

392.14 Additional powers of board. — The 

state tuberculosis board is hereby authorized to 
use any sums of money which it may heretofore 
have saved or which it may hereafter save from 
its regular operating appropriation, or to use 
any sums of money acquired by gift or grant, 
or any sums of money it may acquire by the 
issuance of revenue certificates of the hospital 
to match or supplement any state or federal 
funds, or any moneys received by said board by 
gift or otherwise, for the construction and 
equipment of additional facilities as may be in 
the opinion of said board required or deemed 
necessary. 

(2) This section shall have the effect of ex- 
tending and broadening the authority of the 
state tuberculosis board and shall be additional 
and supplemental to all previous acts of au- 
thority of the state tuberculosis board. 

History.— §§1, 2, ch. 20630, 1941. 

392.24 W. T. Edwards tuberculosis hospi- 
tal. — Upon the construction of a tuberculo- 
sis hospital in state tuberculosis board dis- 
trict number one, such hospital shall be named 
and designated the W. T. Edwards tuberculosis 
hospital. 

History. — Comp. 51, ch. 26327, 1949. 

392.241 The northeast Florida tuberculosis 
hospital. — 

(1) The state tuberculosis board is hereby 
authorized and directed to establish a tuber- 
culosis hospital in Union county, on lands 
which shall be conveyed to the said board with- 
out cost to said board or the state. The con- 
veyance shall be by fee simple deed to said 
tuberculosis board from the board of county 
commissioners of Union county. 

(2) The said institution shall be known as 



the northeast Florida tuberculosis hospital, and 
the state tuberculosis board shall select and de- 
termine the situs of lands to be deeded to said 
board within Union county where said hospital 
shall be located which shall not be less than 
one hundred acres. The board of county com- 
missioners shall clear and grub the site se- 
lected and shall clear and grade all necessary 
access roads and streets to and in the selected 
site at no cost to the state tuberculosis board 
or the state. 

History.— Comp. §§1, 2, ch. 29781, 1955. 

392.25 Petition; contents. — When any physi- 
cian, or other interested person, reports to the 
state board of health, or its authorized repre- 
sentative, that any person is afflicted with 
tuberculosis and that such person so conducts 
himself as to expose other persons to the danger 
of infection, the state board of health, through 
its authorized representative, shall investigate 
the circumstances; and if after such investi- 
gation the representative of the state board of 
health is of the opinion that an active case of 
tuberculosis is found, he shall encourage the 
person infected to take voluntary treatment 
therefor, such treatment to meet the minimum 
requirements prescribed by the state tubercu- 
losis board. If such afflicted person refuses 
to accept such voluntary treatment, or if his 
record and actions indicate that he will not 
actually persist in treatment in a tuberculosis 
hospital until he is no longer a danger to the 
public health, or if said afflicted person has 
absented himself from a state tuberculosis hos- 
pital against medical advice and without having 
been discharged by the medical director there- 
of, then the state board of health, or its au- 
thorized representative, may file a petition set- 
ting forth such facts and asking that examina- 
tion be conducted as herein provided. Such pe- 
tition may be presented to the county judge, 
or in his absence or disability, to the judge of 
the circuit court of the county wherein such 
person resides or is found. 

History.— 51, ch. 26828, 1951; §4, ch. 29868, 1955. 

392.26 Order on petition; appointment of 
examining committee; notice; hearing on re- 
port of committee. — 

(1) Whenever a petition is filed under the 
provisions of §392.25, the county judge, or in 
his absence or disability, the judge of the 
circuit court in the county in which said peti- 
tion is submitted, shall: 

(a) Appoint one intelligent citizen and two 
practicing physicians of good professional 
standing, who shall be doctors of medicine or 
doctors of osteopathic medicine, who shall con- 
stitute an examining committee; and 

(b) Enter an order directed to the person 
against whom the petition has been filed, ad- 
vising him: 1. that the petition has been filed, 
copy of which shall be attached to the order 
when served on such person; and 2. that a 
committee, whose names shall appear in the 
order, has been appointed; and the order shall 



Ch. 392 



TUBERCULOSIS HOSPITALS 



Ch. 392 



direct such person to appear before the com- 
mittee for examination at the time and place, 
which shall be fixed by the committee, and 
due notice of the time and place of the exam- 
ination shall also be served on such person, 
so that the committee may determine whether 
or not such person: a. has active infectious 
tuberculosis and is dangerous to the public 
health; and b. is indigent or is possessed of 
sufficient available means to pay for his care 
and treatment at a hospital operated by the 
state tuberculosis board; and 

(c) Fix the time and place for the hear- 
ing before the court on the report of the 
committee. 

(2) The examining committee: (a) may 
secure the presence of the alleged tuberculous 
infected person and shall make such thorough 
investigation of his condition as will enable 
the committee to determine whether or not he 
has active infectious tuberculosis and is dan- 
gerous to the public health; and (b) shall 
determine whether or not he has sufficient 
available means to pay for his care and treat- 
ment at a hospital operated by the state tuber- 
culosis board; and (c) shall make a report of 
its findings, which shall be signed by each of 
the committeemen and which shall be imme- 
diately transmitted by it to the judge appoint- 
ing the committee prior to the time set by the 
court for hearing thereon. 

(3) If the committee finds and so reports 
to the court: (a) that the alleged tuberculous 
infected person does not have active infec- 
tious tuberculosis and is not dangerous to the 
public health, the court shall enter an order 
dismissing the cause; or (b) that the alleged 
tuberculous infected person has active in- 
fectious tuberculosis and is dangerous to the 
public health, the judge shall hold the hearing 
on the report at the time and place fixed in 
the order theretofore served on the person 
examined. At the hearing the alleged tubercu- 
lous infected person may appear in person or 
by counsel and contest the correctness of such 
report and interpose his defense thereto. After 
the hearing the judge shall enter an appro- 
priate order. If the judge determines that such 
person has active infectious tuberculosis and 
is dangerous to the public health, he shall 
commit such person for quarantine, isolation 
and compulsory treatment to the custody of 
the medical director of a hospital operated by 
the state tuberculosis board for such period 
of time as shall, in the opinion of the medical 
director of the hospital, be necessary to im- 
prove the health of such person, so that he 
will not have active infectious tuberculosis or 
will not be dangerous to the public health, 
and such order shall determine whether or 
not the person so committed has sufficient 
available means to pay for his care and treat- 
ment at a hospital operated by the state tu- 
berculosis board. 

(4) The alleged tuberculous infected per- 



son shall have the right to summon witnesses 
in his own behalf, and if indigent and unable 
to procure the attendance of witnesses in his 
behalf, the court shall have summoned a rea- 
sonable number of witnesses for such person 
to be paid by the county. 

(5) If the person against whom a petition 
has been filed under §392.25 shall refuse to 
present himself to said examining committee 
for examination or shall refuse to allow such 
committee to examine him, the judge appoint- 
ing such committee may issue necessary pro- 
cess requiring the presence of such person 
before said committee for such examination, 
and the sheriff shall execute the process. 

History.— Camp. §2, ch. 26828, 1951. 

392.27 Detention of alleged tuberculous in- 
fected person pending hearing on report of ex- 
amining committee. — Upon consideration of the 
petition filed under §392.25, and such other 
evidence as may be before him, the judge may 
enter an order: (1) determining that it is 
necessary for the protection of the public health 
that the alleged tuberculous infected person 
be confined until the disposition by the court 
of the report of the examining committee ; and 
(2) directing the sheriff to forthwith confine 
such alleged tuberculous infected person until 
the further order of the court, and that during 
such confinement he shall be quarantined 
and/or isolated by the sheriff, who shall en- 
force all applicable sanitary rules, laws, and 
regulations; provided, that the detention of 
the alleged tuberculous infected person shall 
be for such time as may reasonably be neces- 
sary for the examining committee to make its 
examination and report to the court and such 
further reasonable time as may be necessary 
for the disposition of the matter by the judge, 
but in no event shall the detention exceed 
fifteen days unless for good cause shown, the 
time of the detention is extended by order of 
the judge. 

History. — Comp. §3, ch. 26828, 1951. 

392.28 Right of appeal from order commit- 
ting person to state tuberculosis hospital. — 

Any person who shall feel aggrieved by the 
entry of an order of commitment shall have 
ten days within which to appeal from said 
order to the circuit court. The filing of the 
notice of appeal shall not operate to supersede 
the effect of the order from which the appeal 
is taken. Every order entered under the terms 
of §§392.25-392.36 shall be executed forthwith 
unless the court entering such order or the 
appellate court, in its discretion, enters a su- 
persedeas order and fixes the terms and con- 
ditions thereof. The appeal shall be taken in 
the manner provided by the Florida appellate 
rules. 

History. — 84, ch. 26828, 1951; §25, ch. 63-559. 

392.281 Isolation; misconduct. — 

(1) When any patient in any state tuber- 
culosis hospital shall conduct himself in such 



Ch. 392 



TUBERCULOSIS HOSPITALS 



Ch. 392 



a disorderly manner and in disregard of the 
rules and regulations of the hospital as to un- 
reasonably disturb other patients or employees 
of the hospital, the medical director of said 
hospital may petition the county judge, or in his 
absence or disability, the judge of the circuit 
court of the county wherein the hospital lies 
to commit the patient to the custody of the 
medical director of a hospital operated by the 
state tuberculosis board for quarantine, com- 
pulsory isolation and compulsory treatment in 
facilities provided by the board for such com- 
pulsory isolation and treatment. If the judge 
determines that the said patient has active in- 
fectious tuberculosis and is dangerous to the 
public health and that he has conducted him- 
self in such a disorderly manner so as to un- 
reasonably disturb other patients or employees 
of the hospital, he shall commit the patient for 
compulsory isolation and treatment for a period 
of time as shall be necessary, in the opinion of 
the medical director of the hospital, to improve 
the health of such person so that he will not 
have active infectious tuberculosis and be a 
danger to the public health. 

(2) The alleged tuberculous infected person 
under this section shall have all the rights, in- 
cluding a hearing, counsel, witnesses, exam- 
ining committee and appeal afforded tubercu- 
lous persons under §§392.25-392.36. 

History. — Camp. §5, ch. 39868, 1955. 



392.29 State tuberculosis board authorized 
to provide adequate facilities; payment of cost 
of treatment. — The state tuberculosis board is 
hereby authorized and directed to provide ade- 
quate facilities for such compulsory isolation 
and treatment at one or more of the hospitals 
which are operated by it for the care and 
treatment of tuberculous patients. The cost of 
compulsory treatment, care, and maintenance 
of such persons at such state operated hos- 
pitals shall be provided for by the board of 
county commissioners of the county from which 
such patient is committed paying one dollar 
and twenty-five cents per day to the state 
tuberculosis board, and the remainder of such 
expense shall be paid for by the state tuber- 
culosis board. If such patient is able to pay 
all or any part of his per diem hospital 
charges, the board of county commissioners of 
the county from which he is committed shall 
collect and retain one dollar and twenty-five 
cents per day thereof to reimburse itself for the 
one dollar and twenty-five cents per diem 
charges it has paid or is obligated to pay for 
such patient to the state tuberculosis board. If 
the patient is able to pay more than one dollar 
and twenty-five cents on his per diem charges, 
such additional payment shall be made to the 
state tuberculosis board. 

History.— Comp. §5, ch. 26828, 1951. 
cf.— §392.02 State tuberculosis board to be a body corporate. 

392.30 Sheriff or constable to deliver per- 
son to state tuberculosis hospital. — The judge, 
in his order committing a person under 



§§392.25-392.36 to one of the hospitals operated 
by the state tuberculosis board, shall direct 
the sheriff of the county, or the constable in 
whose district such person resides, to take 
such person into his custody and forthwith 
deliver him to the medical director of the state 
tuberculosis hospital named in the commit- 
ment. 

History. — Comp. {6, ch. 26828. 1951. 

392.31 Return of person to state tubercu- 
losis hospital. — Any person committed under 
§§392.25-392.36 who leaves the state tubercu- 
losis hospital to which he has been committed 
without having been discharged by the medical 
director thereof shall be apprehended by the 
sheriff of the county or the constable in whose 
district such person is found and delivered 
forthwith to the state tuberculosis hospital 
from which he left. 

History.— §7, ch. 26828, 1951; {6, ch. 29868, 1955. 

392.32 Appointment of counsel to represent 
indigent person. — In case of indigency, the 
court, upon application of a person against 
whom a petition has been filed under §392.25, 
may appoint a member of the bar of the court 
to represent such person. 

History. — Comp. {8, ch. 26828, 1951. 

392.33 Fees and other compensation; pay- 
ment by board of county commissioners. — 

(1) For the services required to be per- 
formed under the provisions of §§392.25-392.36 
compensation shall be paid as follows: 

(a) Each member of the examining com- 
mittee appointed under §392.26 shall receive 
reasonable compensation, to be fixed in each 
case by the court appointing the members of 
the committee; 

(b) The county judge shall be allowed the 
sum of ten dollars as his costs in each case; 

(c) The sheriff shall receive the same fees 
and mileage as are prescribed for like services 
in criminal cases; 

(d) The counsel appointed by the court to 
represent an indigent person shall receive such 
reasonable compensation as shall be fixed by 
the court appointing him. 

(2) All fees, mileage, and charges shall be 
taxed by the court as costs in each proceed- 
ing and shall be paid by the board of county 
commissioners out of the general or fine and 
forfeiture funds of the county. 

History. — Comp. §9, ch. 26828, 1951. 

392.34 Service of notices, processes, and 
orders by sheriff and constable. — All notices 
required to be given, all processes issued, and 
all orders entered, pursuant to §§392.25-392.36 
shall be served by the sheriff of the county 
or the constable in whose district the alleged 
tuberculous infected person resides; provided. 
that only the sheriff shall execute orders en- 
tered under §392.27. 

History. — Comp. {10, ch. 28828, 1961. 



Ch. 392 



TUBERCULOSIS HOSPITALS 



Ch. 392 



392.35 Treatment by prayer or spiritual 
means in exercise of religious freedom. — Noth- 
ing in §§392.25-392.36 shall be construed to 
authorize or empower the detection or medical 
treatment of any person who desires treatment 
by prayer or spiritual means, in the exercise 
of religious freedom; provided, however, that 
such person shall be quarantined and/or iso- 
lated in his own home and while so quaran- 
tined and/or isolated shall comply with all 



applicable sanitary rules, laws, and regula- 
tions. 

History.— Comp. §11, ch. 26828, 1951. 

392.36 Forms to be prescribed. — The state 
board of health and the state tuberculosis 
board shall jointly prescribe and furnish to 
the county judges all forms required under 
§§392.25-392.35, and the court shall use such 
forms where appropriate. 

History.— Comp. $12, ch. 26828, 1851. 



Ch. 393 



SUNLAND TRAINING CENTERS 



Ch. 393 



CHAPTER 393 

SUNLAND TRAINING CENTERS 
(See Ch. 965, Divisions of board of commissioners of state institutions.) 



393.01 Sunland training centers established. 

393.012 Sunland training center; new site west 

of Apalachicola river. 

393.013 Medical research center on mental re- 

tardation, Orlando. 

393.02 Superintendent; salary; regulations. 
393.021 Application for admission to centers. 

393.03 Admission to center. 

393.04 Board declared legal guardian of in- 

mates. 

393.05 Removal, dismissal and transfer of pa- 

tients. 

393.01 Sunland training centers estab- 
lished. — 

(1) There are established in this state a 
sunland hospital at Orlando and the sunland 
training centers to be located at Gainesville 
and Fort Myers. The said centers shall be 
under the supervision and control of the board 
of commissioners of state institutions. 

(2) Any person committed pursuant to the 
provisions of this chapter, shall be committed 
only to the director of the sunland training 
centers who shall assign such person to such 
center as he may deem proper and who, by 
proper rules and regulations, shall provide 
for the transfer of persons between such cen- 
ters. 

(3) All appropriations, moneys, supplies or 
other benefits which have hereto or shall here- 
after accrue for the said centers shall accrue to 
the benefit of the division of sunland training 
centers. 

(4) The board of commissioners of state 
institutions is authorized and directed to ac- 
cept from the board of county commissioners of 
Dade county, a grant of a tract of property 
containing two hundred and forty acres, more 
or less, located in the northern part of Dade 
county, and to construct thereon, a new sun- 
land training center. The board of commission- 
ers of state institutions is directed to accomp- 
lish the necessary planning and preliminary 
studies relative to the construction and opera- 
tion of the new sunland training center on this 
site with the goal of expediting said construc- 
tion and placing into operation the center. The 
board of commissioners of state institutions is 
further authorized to enter into any contracts 
with_ any state agency, board of county com- 
missioners or municipal corporation necessary 
to achieve this goal and to expend state, coun- 
ty, municipal and federal matching funds as 
necessary and available for the construction of 
said sunland training center. 

History.— 11, ch. 7887, 1919; §§1, 2, 3, ch. 10272, 1925: CGL 
3663, 3674; §2, ch. 61-426; (4) n. §1, ch. 63-62; (1), §2, ch. 
63-233. 

393.012 Sunland training center; new site 
west of Apalachicola river. — 

(1)_ The board of commissioners of state in- 
stitutions is directed to conduct studies relative 
to locating a new sunland training center. In 



393.051 

393.06 

393.07 

393.08 

393.09 

393.10 

393.11 



393.12 



Furloughing of inmates. 

Purposes of center. 

Accommodations to be limited. 

Means of support of center. 

Patients received on paid admission. 

Transfer of patients to Florida state 
hospital. 

County judge to issue order for com- 
mitment upon presentation of peti- 
tion. 

Restoration to mental competency. 



making such study and selection of site the 
board shall take into consideration the cost of 
construction and operation over a period of 
years, the center of population and the potential 
growth of the area to be principally served 
by such center, the distance to be traveled by 
the majority of citizens served by this institu- 
tion; also, whether medical facilities and ade- 
quate labor and transportation are available 
in the area being considered so as to better 
serve the citizens using this center. 

(2) The board of commissioners of state 
institutions is directed to acquire a suitable site 
west of the Apalachicola river for the location 
of a new sunland training center. 

(3) The acquisition of a site for the sunland 
training center is declared to be a public pur- 
pose and acquisition of lands for said site may 
be by eminent domain, condemnation, purchase 
or gift. The board of commissioners of state 
institutions, state agencies, boards of county 
commissioners or municipal corporations are 
authorized and directed to obtain the lands 
selected by the board of commissioners of state 
institutions for said site and thereafter any or 
all boards, agencies or municipal corporations 
acquiring such lands shall immediately convey 
same to the state. 

(4) The board of commissioners of state in- 
stitutions, any state agency, boards of county 
commissioners or any municipal corporation are 
authorized to enter contracts to expend state, 
county and municipal funds and federal match- 
ing funds as necessary and available for the 
acquisition of such a site. 

History.— §§1-4, ch. 61-230. 

393.013 Medical research center on mental 
retardation, Orlando. — 

(1) There is hereby established in this 
state the Florida medical research center on 
mental retardation to be located at the sun- 
land hospital at Orlando. The board of com- 
missioners of state institutions shall employ a 
director of medical research qualified in this 
field and upon recommendation of the director 
such other personnel as may be necessary to 
carry out such medical research. 

(2) The research center is authorized to 
purchase necessary equipment and medical sup- 
plies and may receive research grants and do- 
nations of funds, medical supplies and equip- 



Ch. 393 



SUNLAND TRAINING CENTERS 



Ch. 393 



ment from private foundations, firms, individ- 
uals and government agencies, and the cen- 
ter is authorized to cooperate with federal, 
state, county and municipal governments to at- 
tract research grants and donations from all 
available sources throughout the United States. 

History.— §§1, 2, ch. 63-367; (1), §2, ch. 63-233. 

393.02 Superintendent; salary; regulations. 

— The board of commissioners of state institu- 
tions may employ a superintendent who shall 
be a man especially trained and qualified in the 
management of institutions of this kind; and 
may employ on the recommendation of the said 
superintendent, such other teachers, physicians, 
laborers and helpers as may be necessary to the 
proper conduct of the said center; and may 
proceed with the erection and detailed opera- 
tion of the same under this chapter. 

The board of commissioners of state institu- 
tions may prescribe all rules and regulations, 
not inconsistent with the provisions hereof, 
necessary to the government and control of 
the said center, including admission, trans- 
fers or discharges therefrom. 

In accepting applications and issuing admis- 
sion certificates, the acts of the superintendent 
done under the orders and according to the 
rules of the board of commissioners of state 
institutions shall be valid and recognized as 
the acts of the board of commissioners of state 
institutions. 

History.— 83, ch. 7887, 1919; S§1, 2, 3, eh. 10272, 1926; 
CGL 3665, 3674, 3675, 3676; II, ch. 15859, 1933; §4, ch. 67-401; 
SI, ch. 61-426. 

393.021 Application for admission to cen- 
ters. — 

(1) Application for admission to any of the 
sunland training centers in the state shall be 
in writing on forms approved by the board of 
commissioners of state institutions. All appli- 
cations shall be made to the county judge of 
the county wherein the applicant resides. Said 
county judge shall, upon receiving an applica- 
tion, open a file in the name of the applicant 
and forward the original and one copy of said 
application to the director of the division of 
sunland training centers or his designated au- 
thority. 

(2) The application shall contain the name, 
address, sex and approximate age of the appli- 
cant and the nature of the disability of said 
applicant. It shall also contain the names and 
addresses of his parents or legal guardian, if 
such be known, and said application shall con- 
tain a report by a qualified physician of good 
professional standing and a graduate of a 
school of medicine recognized by the American 
medical association, stating that the applicant 
has been examined by said physician and the 
results of said examination, a diagnosis and 
history of the applicant's mental and physical 
condition. 

(3) The application shall also contain or 
be accompanied by a statement under oath as 
to the financial ability of the parents or legal 
guardian to care for the applicant and to pay 
for the care of the applicant. 



(4) The application shall also contain such 
other information as the board of commission- 
ers of state institutions may from time to time 
deem necessary in order to properly classify 
the nature of the disability of the applicant and 
to adequately determine whether or not said 
applicant is a proper subject for admission to 
one of the sunland training centers. 

History.— §1, ch. 69-124; (1) a. by $1, ch. 61-426. 

393.03 Admission to center. — No person 
shall be sent to the center until the application 
or commitment required by regulations of the 
board of commissioners of state institutions 
has been accepted by them and an order of ad- 
mission entered; provided, however, no person 
shall be denied admission to the center because 
of his age. 

No female over ten years of age shall be con- 
veyed to the center except by a female official 
or in the company of female escort, except that 
such female's own father or full brother may 
act as her escort to the center. 

No applicant shall be admitted while suffer- 
ing from any contagious or communicable dis- 
ease. 

No female applicant who is pregnant shall 
be received. 

History.— §4, ch. 7887, 1919; 551, 2, 3, ch. 10272, 1925; 
CGL 3666, 3675, 3676; §1, ch. 57-279; §1, ch. 61-426. 

393.04 Board declared legal guardian of in- 
mates. — The board of commissioners of state 
institutions shall be the legal guardian and 
custodian of all persons admitted to the sunland 
training center for epileptic and the mentally 
retarded and feeble-minded under the provisions 
of this chapter. 

History.— 16, ch. 7887, 1919; 5 §2, 3, ch. 10272, 1925; CGL 
3668, 3674, 3675, 3676; ft, ch. 61-426. 

393.05 Removal, dismissal and transfer of 
patients. — Whenever the parents or former 
legal guardians of a child at the center shall 
desire to remove him thence, they shall make 
application to the board of commissioners of 
state institutions on a blank to be provided by 
the board. If they can demonstrate to the sat- 
isfaction of the said board that the child will 
be in good care, that he will be protected and 
the community be protected against him, or 
that he will be permanently removed from the 
state, the board in its discretion may dismiss 
the child to the care of its parents or former 
legal guardians. 

The board in its discretion may dismiss any 
child from the center when ever it shall ap- 
pear to be for the benefit of the child or the 
center that this be done. In such case the 
guardian of the child, or the county commis- 
sioners of the county from whence he came, 
shall, on proper notification, remove the child 
without expense to the state, or failing, the 
board shall remove the child and charge up 
the expense to the county from whence the 
child came. 

Any child in the center becoming insane 
may be transferred to the Florida state hos- 



'. 



Ch. 393 



SUNLAND TRAINING CENTERS 



Ch. 393 



pital for the insane in the manner provided by 
law for action in lunacy. 

History^§7, ch. 7887, 1919; 512, 8, oh. 10272, 1925; CGL 
3869, 3674, 3675, 3676; §1, ch. 61-426. 

cf.— 8393.10, Transfer to Florida state hospital. 

SS394.20-394.22, Commitment to Florida state hospital. 

393.051 Furloughing of inmates. — The board 
of commissioners of state institutions may per- 
mit any inmate of the center to leave the insti- 
tution on furlough for such lengths of time and 
on such conditions as they may determine, and 
may from time to time extend the period of such 
furlough or change the conditions upon which 
it is granted. The board shall cause an investi- 
gation to be made prior to the granting of any 
furlough as to the home into which the inmate 
is to go if f urloughed and other conditions and 
circumstances which may affect his welfare 
and behavior and shall provide such supervision 
of furloughed inmates as they deem necessary 
for his welfare. The board shall have the pow- 
ers as to the revocation of the permit and as to 
the return of the inmate to whom the furlough 
has been granted as are provided by law for the 
return of insane and the mentally retarded and 
feeble-minded persons to the institutions from 
which they have been temporarily released. No 
length of absence on furlough under this sec- 
tion from the sunland training center for the 
epileptic and the mentally retarded and feeble- 
minded shall be construed as a discharge there- 
from. 

History.— Comp. 11, ch. 25045, 1949; §1, ch. 61-426. 

393.06 Purposes of center. — The purpose of 
the sunland training center for epileptic and the 
mentally retarded and feeble-minded shall be 
recognized as three-fold : 

(1) As an asylum for the care and protec- 
tion of the epileptic and the mentally retarded 
and feeble-minded. 

(2) As a school for the education and 
training of the epileptic and the mentally re- 
tarded and feeble-minded. 

(3) As a center for the segregation and 
employment of the epileptic and the mentally 
retarded and feeble-minded. 

This center shall include the three depart- 
ments of asylum, school and center coordinat- 
ing and conducted as integral parts of a whole, 
to the end that these unfortunates may be pre- 
vented from reproducing their kind, and the 
various communities and the state at large re- 
lieved from the heavy economic and moral 
losses arising by reason of their existence. 

History.— §8, ch. 7887, 1919; CGL 3670; SI, ch. 61-426. 

393.07 Accommodations to be limited. — In 

carrying out the provisions of this chapter, 
the board of commissioners of state institu- 
tions shall provide accommodations for only 
such number of inmates from year to year as 
can be advantageously cared for with the ap- 
propriations granted for that year, giving pref- 
erence, first, to girls and women of child-bear- 
ing age, and to those from both sexes who are 
most likely to profit by the special education 
and training. 

History.— §9, ch. 7887, 1919; 5 §2, 3, ch. 10272, 1925; CGL 
3671, 3675, 3676. 



393.08 Means of support of center. — In ad- 
dition to the means herein provided the sunland 
training center for epileptic and the mentally 
retarded and feeble-minded shall be supported 
by state, county or municipal appropriations, 
and in addition thereto by gifts, donations or 
endowments from any individuals, firms or 
corporations, all of which shall be accepted and 
disbursed by the board of commissioners of 
state institutions as the law provides. 

History.— §10, ch. 7887, 1919; 552, 3, ch. 10272, 1925; CGL 

3672, 3675, 3676; §1, ch. 61-426. 

393.09 Patients received on paid admission. 

— Whenever the parent, guardian or estate of 
the child is able to do so, the cost of mainten- 
ance in whole or in part shall be borne by 
them, the amount and payment thereof to be 
determined and arranged by the board of com- 
missioners of state institutions from time to 
time as conditions and circumstances may war- 
rant, all payments thereunder to be made to the 
superintendent to be remitted by him to the 
state treasurer at stated intervals as required 
by the board to be placed to the credit of the 
fund for the maintenance of the center. The 
expenses of commitment and admission, includ- 
ing conveyance to the center, shall be borne 
by the county from which the applicant is ad- 
mitted, except in the case of the pay applicant 
in which case such expenses shall be borne by 
the parent, guardian or estate supporting such 
child. When any child is received on paid ad- 
mission such payment shall not be allowed to 
influence the treatment of the child; every 
child within the center is to be treated solely 
on his or her own merits and according to men- 
tal and physical ability, irrespective of ques- 
tion of monetary payment. It shall be a mis- 
demeanor punishable by dismissal, for any of- 
ficer or employee of the center to accept any 
gratuity from the parent or guardian or other 
friend of any of the children under his or her 
care. 

History.— §11, ch. 7887, 1919; §§2, 8, ch. 10272, 1925; CGL 

3673, 3675, 3676; §1, ch. 61-426. 

393.10 Transfer of patients to Florida state 
hospital. — When it shall be made to appear to 
the satisfaction of the board of commissioners 
of state institutions of Florida that the Florida 
state hospital is more suitable to the needs of 
any person or persons committed to the sunland 
training center for epileptic and the mentally 
retarded and feeble-minded said board of com- 
missioners of state institutions may order such 
person transferred from the sunland training 
center for epileptic and the mentally retarded 
and feeble-minded to the Florida state hospital, 
and thereupon such person or persons shall be 
received, treated and cared for in said Florida 
state hospital as if originally committed there- 
to in the manner provided by law. 

History.— §1, ch. 15025, 1931; CGL 1936 Supp. 3669(1); jl, 
ch. 61-426. 
cf. — §394.18, Transfer of patients to sunland training center. 

§394.60 Transfer of psychotic children from center to sun- 
land training center. 

393.11 County judge to issue order for com- 
mitment upon presentation of petition. — The 



Ch. 393 



SUNLAND TRAINING CENTERS 



Ch. 393 



county judge of any county in this state where 
a person afflicted with epilepsy, or a person 
who is of such feeble mind as to be either irre- 
sponsible or requiring restraint (but not be- 
ing insane), resides, shall have jurisdiction to 
make and enter an order or orders committing 
such person to the sunland training center for 
the epileptic and the mentally retarded and 
feeble-minded. Said jurisdiction shall be exer- 
cised by the filing of a petition by three persons 
(one of whom shall be a physician) who are 
acquainted with the person sought to be com- 
mitted to such institution, which petition shall 
state under oath of the persons signing the 
same the name of the person sought to be com- 
mitted, his residence, the condition of his fam- 
ily, the physical and financial condition of the 
person sought to be committed and the financial 
condition of the family of such person, and the 
nature and extent of the derangement suffered 
by the person sought to be committed, and all 
other facts which may be necessary to inform 
the court of the condition and situation of the 
party sought to be committed and of the prop- 
erty of such commitment. Upon the presenta- 
tion of such petition the county judge shall 
issue an order to the sheriff to bring the person 
sought to be committed before the county judge 
at a time and place therein named and he shall 
thereupon appoint a commission as is appointed 
to examine persons alleged to be insane, which 
commission shall examine the person sought to 
be committed and report its findings to the coun- 
ty judge and thereupon the county judge shall 
either discharge the person sought to be com- 
mitted or shall commit such person to the 
sunland training center for the epileptic and the 
mentally retarded and feeble-minded in the 
same manner as persons are committed to the 
Florida state hospital; provided, however, that 
before any county judge shall commit a person 
to the said institution he shall ascertain from 
the superintendent thereof whether or not there 
are available means then provided at said in- 
stitutions to take care of the person to be com- 
mitted. 

History.— §4, ch. 10272, 1925; CGL 3677; §1, ch. 61-426. 

cf.— §394.20, Hospitalization of mentally ill. 

§394.22 Adjudication of persons mentally or physically In- 
competent. 

393.12 Restoration to mental competency. — 

(1) CERTIFICATE.— When a person be- 
cause of mental incompetency has been com- 
mitted to sunland training center and has 
been under observation and treatment at said 
institution, if the superintendent upon the ad- 
vice of his staff is of the opinion that said per- 
son is capable of managing his own affairs, then 
the superintendent of the institution may issue 
to him a certificate so stating; said certificate 
shall be signed by the superintendent and at- 
tested by the chief physician of the institu- 
tion or someone designated by said superin- 
tendent. Said certificates shall be admissible 
in evidence in any hearing for restoration to 
mental competency of the person. 



(2) PETITION.— Any guardian, relative, 
husband or wife, or next friend of any person 
who has been adjudged mentally incompetent 
under the provisions of this chapter may apply 
to the county judge of the county wherein the 
incompetent was adjudged incompetent or to 
the county judge of the county wherein he then 
resides to have an inquiry made into the mental 
status of the incompetent to determine whether 
he is still incompetent. The petition shall state 
all the facts upon which an order restoring 
the incompetent to competency is prayed and 
shall be under oath. Before the petition is filed 
or at the time it is filed if the incompetent 
whose competency is sought to be restored is 
the holder of a certificate issued under the 
provisions of subsection (1) of this section 
the certificate shall be filed in the office of 
the county judge of the county where the judg- 
ment of mental incompetency and order of com- 
mitment were entered or with the county judge 
in the county where he then resides. If not filed 
within ninety days from date of issuance, the 
certificate shall be void. The county judge 
shall set a date for hearing in said petition 
within thirty days from date of filing. Upon 
the date of filing the petitioner or his attorney 
shall give notice of filing of petition and hear- 
ing thereon to the state attorney and attach to 
the notice a copy of the petition and certificate 
if one has been issued and filed. Proof of serv- 
ice of the notice and attachment shall be by 
affidavit or acknowledgment to be filed with 
the court. 

(3) HEARING; ORDER OF RESTORA- 
TION. — Upon hearing, the incompetent shall 
personally appear before the court, and such 
evidence as should come before the court on 
the petition shall be heard. After hearing, the 
judge shall either enter an order showing that 
the person previously adjudged mentally in- 
competent is capable of managing his own af- 
fairs or dismiss the petition with findings. 
The order of restoration, if entered, shall be in 
words and language substantially as provided 
in former §62.35, and shall be recorded. 

(4) APPEAL. — All orders and judgments 
entered by the county judge pursuant to this 
chapter may be appealed to the appropriate 
district court of appeal within the time and 
in the manner set forth in the Florida appel- 
late rules, or to the supreme court if au- 
thorized by §4, Art. V of the state constitu- 
tion. 

(5) ATTORNEYS.— In cases of indigency 
the court, upon application of the incompetent, 
may appoint an attorney to represent faithfully 
such incompetent before the court. The attor- 
ney shall be entitled to a reasonable fee not to 
exceed twenty-five dollars, to be allowed by the 
county judge and paid by the county commis- 
sioners of the county from the county's gen- 
eral fund. 

History.— §1, ch. 29853, 1955; (1) §1, ch. 61-426; (4) §26, 
ch. 63-559. 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



CHAPTER 394 

FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 
(See Ch. 965, Divisions of board of commissioners of state institutions.) 

PART I FLORIDA STATE HOSPITALS 

PART II CHILDREN'S PSYCHIATRIC CENTERS 

PART I— FLORIDA STATE HOSPITALS 



394.01 Name and location of hospitals and 

providing for a branch or branches 
thereof; assignment by director of 
mental health. 

394.011 G. Pierce Wood memorial branch of 

Florida state hospital separate, un- 
der director of mental health. 

394.012 Northeast Florida mental hospital. 

394.02 Management and control. 

394.03 Employment of superintendent, physi- 

cians and persons necessary. 
394.031 Medical personnel for state institu- 
tions. 

394.04 Powers and duties of superintendent 

and other employees; bond and ac- 
counts. 

394.05 Compensation of superintendent and 

employees. 

394.06 Bond may be required of any employee. 

394.07 Removal of employees. 

394.08 Chief physician to keep complete clini- 

cal records on all patients. 

394.09 Custody and transportation of mental- 

ly ill persons. 

394.10 Admission to institutions of pay pa- 

tients. 

394.11 Payments for patients. 

394.12 Bonds for payment of maintenance 

charges of patients. 

394.13 Censorship of correspondence of pa- 

tients of all hospitals for the men- 
tally ill, public and private. 

394.14 Writing materials and handling of mail 

in all hospitals for the mentally ill, 
public and private. 

394.01 Name and location of hospitals and 
providing for a branch or branches thereof; 
assignment by director of mental health. — 

(1) The institution formerly known as the 
Florida hospital for the insane, shall be known 
and hereafter called the Florida state hospital 
and shall be located at Chattahoochee, in Gads- 
den county, and the public buildings of the state 
at that place are devoted to that purpose. There 
may be established from time to time by law a 
branch or branches of said hospital in other 
parts of this state. 

(2) Patients committed by proper courts in 
pursuance of the provisions of this chapter, as 
now or hereafter amended, shall be committed 
only to the director of mental health who shall 
assign such patients to such institution as he 
may deem proper and who, by proper rules and 
regulations, shall provide for the transfer of 
patients between such institutions. 

History.— §1, oh. 2012, 1874; RS 835; U, ch. 4801, 1899: 
GS 1187; §1, ch. 7832, 1919; RGS 2295; CGL 3641; am. 51 
ch. 23800. 1947; (2) by §7, ch. 57-317. ^ 



394.15 Posting of names of correspondents; 

instructions to correspondents ; deliv- 
ery of mail to patients. 

394.16 Sections of law to be posted in every 

ward of all hospitals for the men- 
tally ill, public and private. 

394.17 Punishment for violation of §§394.13- 

394.16. 

394.18 Transfer of patients to sunland train- 

ing center. 

394.19 Autopsy of deceased patient. 

394.20 Hospitalization of the mentally ill; vol- 

untary. 

394.22 Adjudication of persons mentally or 

physically incompetent; procedure. 

394.23 Compensation for services. 

394.24 Minimum age of person committed. 

394.25 Persons receivable as patients. 

394.251 Acceptance, examination and commit- 
ment of Florida residents from out 
of state mental health authorities. 

394.26 Persons not receivable as patients; 

chronic alcoholics. 

394.27 Residence requirements. 

394.271 Additional residence requirements. 

394.39 Chief psychiatrist; qualifications; as- 

sistants. 

394.40 Training program to be established. 

394.41 Dieticians; training. 

394.42 Administration; rules and regulations. 

394.43 Mental hospitals, establishing; scope 

of program. 
394.45 Writ of habeas corpus. 



394.011 G. Pierce Wood memorial branch of 
Florida state hospital separate, under director 
of mental health. — 

(1) The Dorr field and Carlstrom field 
branch of the Florida state hospital, now lo- 
cated at Arcadia, DeSoto county, shall be 
named and known as the G. Pierce Wood 
memorial hospital and shall hereafter be oper- 
ated as a distinct and separate unit under the 
director of mental health. 

(2) All appropriations, monies, supplies, or 
other benefits which have hitherto or shall 
hereafter accrue for either or both the Dorr 
field and the Carlstrom field branches of the 
Florida state hospital, located in DeSoto county, 
shall from and after the passage of this bill, 
accrue to the benefit of the G. Pierce Wood 
memorial hospital. 

History.— § §1, 2, ch. 25367, 1949; (1) by {8, ch. 67-317. 

394.012 Northeast Florida mental hospital. 

— The board of commissioners of state insti- 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



tutions is hereby authorized and directed to 
establish a branch of the Florida state hospital 
in Baker county, on lands which shall be con- 
veyed to the state without cost by fee simple 
deed by the board of county commissioners of 
Baker county. The said institution shall be 
known and designated as the northeast Florida 
mental hospital. The board of commissioners 
of state institutions shall determine the situs 
of lands to be deeded to the state within Baker 
county, where said institution shall be located, 
which shall not be less than three hundred 
acres. 

History. — Comp. jl, ch. 29617, 1955. 

394.02 Management and controL — The 

board of commissioners of state institutions 
shall have the management and control of the 
Florida state hospital. 

History.— §1, ch. 8678, 1886; RS 886; OS 1188; §2, ch. 
7882, 1919; RGS 2296; CGL 8642; ,1, oh. 19164, 1989; CGL, 
1940 Supp. 3663(1). 

394.03 Employment of superintendent, phys- 
icians and persons necessary. — The board of 
commissioners of state institutions shall em- 
ploy a superintendent and such physicians and 
such other persons as may be necessary for the 
proper management and care for the patients 
committed by law to the said Florida state hos- 
pital, and of the properties therein or thereto 
belonging or appertaining. 

History.— 51, ch. 8678, 1886; RS 837; GS 1189; RGS 2297; 
CGL, 3643; 52, ch. 19164, 1939; CGL. 1940 Supp. 8663(2). 

394.031 Medical personnel for state insti- 
tutions. — 

(1) The superintendent of the Florida state 
hospital and any other institutions under the 
direction of the board of commissioners of state 
institutions when in need of additional medical 
personnel and unable to obtain such medical 
personnel residing in the state, the superin- 
tendent, with the approval of the board of com- 
missioners of state institutions, may employ 
competent, experienced medical personnel from 
without the state. 

(2) That so long as any medical personnel 
employed under the provisions of subsection (1) 
of this section is engaged exclusively on the 
medical staff of such institutions and does not 
engage in private practice within the state, 
such medical personnel shall be exempt from 
existing requirements of law as to time of 
residence in the state and also as to require- 
ment as to passing examination in basic science. 

(3) It shall be the duty of the superinten- 
dents of state institutions before employing any 
medical personnel under the provisions of this 
section to make a thorough investigation as to 
qualifications, experience, character and ability 
of such medical personnel. 

(4) The provisions of this section may ap- 
ply to hospitals operated by the state tuber- 
culosis board. 

History.— §§1-3, ch. 33678, 1947; fab 5(4) comp. {7, ch. 
29868, 1955. 

394.04 Powers and duties of superintend- 
ent and other employees; bond and accounts. — 



The board of commissioners of state insti- 
tutions shall prescribe the powers and duties of 
the superintendent and of all the other employ- 
ees, and shall require of the superintendent 
bond with sureties, conditioned to properly ap- 
ply and fully account for all supplies, property 
and moneys which may be entrusted to or re- 
ceived by him, and for the faithful perform- 
ance of his duties, as they may from time to 
time be prescribed by such board of commis- 
sioners of state institutions. 

History.— §2, ch. 3678, 1886; RS 838; GS 1190; RGS 
2298; CGL 3644; S3, ch. 19164, 1939; CGL 1940 Supp. 
3653(3). 
cf.— §113.07 Bonds of officials. 

394.05 Compensation of superintendent and 
employees. — The compensation of such super- 
intendent and all other employees shall be pre- 
scribed by the board of commissioners of state 
institutions. 

History.— §3, ch. 3578, 1885; RS 839; GS 1191; §3, ch. 
7832, 1919; RGS 2299; CGL 8645; {4, ch. 19164, 1939; CGL 
1940 Supp. 3663(4). 

394.06 Bond may be required of any em- 
ployee. — The board of commissioners of state 
institutions may require bond and sureties of 
any employee other than the superintendent, 
conditioned as they may prescribe. 

History.— 54, ch. 3678, 1886; RS 840; GS 1192; RGS 
2300; CGL 8646; 55, ch. 19164, 1939; CGL 1940 Supp. 
3653(6). 
cf.— §113.07 Bonds of officials. 

394.07 Removal of employees. — The super- 
intendent and other employees shall be re- 
movable at the pleasure of the board of com- 
missioners of state institutions. 

History.— §5, ch. 8578, 1885; RS 841; GS 1193; RGS 
2301; CGL 8647. 

394.08 Chief physician to keep complete 
clinical records on all patients. — The superin- 
tendent of the Florida state hospital shall 
cause the chief physician of said hospital to 
thoroughly investigate the history of each 
patient, and keep a complete clinical record 
of each patient, which record shall contain 
the name of the patient, the diagnosis, the 
date of beginning of each treatment, each 
day's prescription while under treatment, and 
such other therapy as may be indicated. This 
record shall be open for future reference by 
his successors, the superintendent, the cabinet 
authorities, legislative committees and such 
others as may legally be entitled to the same. 

History.— Ch. 3706, 1887; RS 842; GS 1194; RGS 2302; 
CGL 3648; 56, ch. 19164, 1939; CGL, 1940 Supp. 3653(6); 
am. §7, ch. 22858, 1945. 

394.09 Custody and transportation of men- 
tally ill persons. — If it shall appear to the 
committing judge that any mentally ill person, 
hereinafter called the patient, is destitute, he 
shall commit such patient to the sheriff for 
safekeeping, who shall notify the director of 
mental health, who shall thereupon cause some 
suitable attendant or nurse to be sent for such 
patient. Said attendant or nurse shall, upon 
arrival, notify the sheriff, who shall thereupon 
deliver such patient to such attendant or nurse, 
who shall carry such patient to such hospital 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



as shall be previously directed by the director 
of mental health, and upon arrival shall deliver 
such patient to the proper officer for the pur- 
pose of care, custody and treatment; provided, 
that the actual expenses of transporting such 
patient, shall be paid from the money appro- 
priated for the operation and maintenance of 
such hospital; provided, further, that the neces- 
sary expenses of the sheriff in delivering the 
patient to the attendant or nurse shall be paid, 
together with his other costs as provided in 
§394.23; provided, however, that the judge 
may, in his discretion, deliver such patient to 
any other person for care, custody and mainte- 
nance, in which event the patient shall be de- 
livered to such person who shall provide for 
his care, custody and maintenance. 

History.— II, ch. 3036, 1877; RS 846; GS 1195; 81. ch 
5706 1907; RGS 2303; 81, ch. 10179, 1925; CGL 36497 am 
|1, ch. 23133, 1945; §9, ch. 67-317; §1, ch. 61-18. 
cl. — §394.23(6) Compensation for services. 

394.10 Admission to institutions of pay 
patients. — It is lawful for the superintendent 
of any institution under the jurisdiction of the 
director of mental health, when directed by 
the board of commissioners of state institutions 
and upon receipt of a commitment order issued 
by the director of mental health, to receive into 
such institution any mentally ill person whose 
friends, parents or guardians are willing and 
able to pay for the care, custody and mainte- 
nance of said mentally ill person. Any such per- 
son properly committed shall receive proper 
care, food, clothing and medical attention. 

•JH^SSft-ifii 2 - cn - 3115 > 187 9; RS 853; GS 1196, 1197; 
?£ S ,??i? 4 A 2305; CGL 3650 ' 3651 : 6§7, 8, ch. 19164 1939 
CGL 1940 Supp. 3653(7), 3653(8); §10, ch. 57-317; §2, ch. 61-18 
cf.— §394.25 Persons receivable as patients. 

394.11 Payments for patients. — The board 
of commssioners of state institutions shall, 
in such cases, prescribe what amount shall be 
paid by the friends, parents or guardians of 
said mentally ill person, and such money shall 
be paid by the friends, parents or guardians of 
said mentally ill person quarterly to the super- 
intendent of the Florida state hospital, who 
shall receipt for the same; and remit to the 
treasurer of the state moneys so received. 

„£ la $? T 7-—J 3 ' ch - S11B > 1879 i Rs 855; GS 1198; RGS 2306: 
CGL 3652; §9, ch. 19164, 1939; CGL 1940 Supp. 3653(9); §3, 

394.12 Bonds for payment of maintenance 
charges of patients. — When the board of com- 
missioners of state institutions shall deem it 
necessary or expedient they may require a 
good and sufficient bond, from the friends, 
parents or guardians of any patient committed 
to any institution, for the prompt and faithful 
payment of what may be charged for the care, 
custody and maintenance of said patient; and 
if such friends, parents or guardians do not 
pay the amounts required by the board of com- 
missioners of state institutions, within six 
months after the same is due, said board shall 
commence suit upon said bond ; and any moneys 
recovered in any such action shall be applied 
to the maintenance of indigent patients. 

History.— §4, ch. 3115, 1879; RS 856, GS 1199; RGS 

SSS-IS ch - 19164 ' 1939: CGL 1940 *™- 



394.13 Censorship of correspondence of pa- 
tients of all hospitals for the mentally ill, public 
and private. — Each and every patient of each 
and every hospital for the mentally ill, both 
public and private, in the state, shall be allowed 
to choose one individual to whom she or he 
may write, when and whatever he or she desires, 
and over these letters to this individual there 
shall be no censorship exercised or allowed by 
any of the hospital officials or employees; but 
their postal rights, so far as this one individual 
is concerned, shall be as free and unrestricted 
as are those of any other resident or citizen of 
the state, and shall be under the protection of 
the same postal laws; and each and every 
patient may make a new choice of this individ- 
ual party every three months, if he or she so 
desires. 

History.— 81, ch. 4035, 1891; GS 1205; RGS 2313; CGL, 
3659; §4, ch. 61-18. 

394.14 Writing materials and handling of 
mail in all hospitals for the mentally ill, public 
and private. — The superintendent shall furnish 
each and every patient of every hospital for the 
mentally ill in this state, either public or pri- 
vate, with suitable material for writing, enclos- 
ing, sealing, stamping and mailing letters, suf- 
ficient at least for the writing of one letter a 
week, provided they request the same, unless 
they are otherwise furnished with such mate- 
rials; and all such letters shall be dropped by 
the writers thereof, accompanied by an attend- 
ant when necessary, into a post office box pro- 
vided by the state at the hospital, and kept in 
some place easy of access to all the patients; 
the attendant is required in all cases, to see 
that this letter is directed to the patient's cor- 
respondent, and if it is not so directed it shall 
be held subject to the superintendent's dis- 
posal, and the contents of these boxes shall be 
collected once every week by an authorized 
person from the post office department, and by 
him placed in the hands of the United States 
mail for delivery. 

History.— §1, ch. 4036, 1891; GS 1206; RGS 2314; CGL, 

3660; §5, ch. 61-18. 

394.15 Posting of names of correspondents; 
instructions to correspondents; delivery of mail 
to patients. — The superintendent shall keep 
registered and posted, in some public place at 
the hospital for the mentally ill, a true copy of 
the names of every individual chosen as the 
patient's correspondent and by whom chosen; 
and the superintendent shall inform each of the 
individuals of the name of the party choosing 
him, and he shall request him to write his own 
name on the outside of the envelope of every 
letter he writes to this individual patient; and 
all these letters bearing the individual writer's 
name on the outside, he shall deliver or cause 
to be delivered, any letter or writing to him 
directed, without opening or reading the same, 
or allowing it to be opened or read, unless there 
is reason for believing the letter contains some 
foreign substance which might be used for 
medication, in which case the letter shall be 
opened in the presence of a competent witness, 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



and this substance shall be delivered to the 
superintendent to be used at his discretion, but 
the letter must be delivered as directed. 

History.— §2, ch. 4035, 1891; GS 1207; RGS 2315; CGL 

3661; §6, ch. 61-18. 

394.16 Sections of law to be posted in every 
ward of all hospitals for the mentally ill, public 
and private. — A printed copy of §§394.13-394.16, 
shall be framed and kept posted in every ward 
of every hospital for the mentally ill, both pub- 
lic and private, in the state. 

History.— 54, ch. 4035, 1891; GS 1208; RGS 2316; CGL, 
3662; §7, Ch. 61-18. 

394.17 Punishment for violation of §§394.13- 
394.16. — Any person refusing or neglecting to 
comply with, or willfully or knowingly violating 
any of the provisions of §§394.13-394.16 for the 
regulation of hospitals for the mentally ill, 
shall, upon conviction thereof, be punished by 
imprisonment not exceeding sixty days, or by a 
fine not exceeding three hundred dollars, and 
shall be ineligible to any office in any hospital 
for the mentally ill in the state after conviction. 

History.— §3, ch. 4035, 1891; GS 3489; RGS 5365; CGL 
7499; §8, ch. 61-18. 

394.18 Transfer of patients to sunland train- 
ing center. — When it shall be made to appear to 
the satisfaction of the board of commissioners 
of state institutions that a sunland training 
center is more suitable to the needs of any 
person or persons committed to the Florida state 
hospital said board of commissioners of state 
institutions may order such person or persons 
transferred from the Florida state hospital to 
a sunland training center, and thereupon such 
person or persons shall be received, treated and 
cared for in said sunland training center as if 
originally committed thereto in the manner 
provided by law. 

History.— §1, ch. 15026, 1931; CGL 1936 Supp. 3667(1). 
§9, ch. 61-18. 

394.19 Autopsy of deceased patient. — In 

every case where a person is committed to and 
received as a patient in the Florida state 
hospital, and shall die while a patient therein, 
it is lawful for the superintendent of the Flor- 
ida state hospital, and he may hold and per- 
form, or cause to be held and performed, an 
autopsy on such deceased patient, when such 
deceased patient leaves surviving him no rela- 
tive or guardian, or when said superintendent 
shall be unable to communicate with or contact 
any relative or guardian of such deceased 
patient for the purpose of procuring consent 
to such autopsy, and when in the judgment 
and discretion of the superintendent of the 
Florida state hospital, such autopsy is in the 
interest of medical science necessary or de- 
sirable. 

History.— §1, ch. 19367, 1939; CGL 1940 Supp. 8653(11). 

394.20 Hospitalization of the mentally ill; 
voluntary. — 

(1) AUTHORITY TO RECEIVE VOLUN- 
TARY PATIENTS.— The head of a hospital 
may admit for observation, diagnosis, care and 



treatment any individual, and in the case of a. 
public hospital only such a person as quali- 
fies under §394.27, who is mentally ill, or has 
symptoms of mental illness and who, being 
twenty-one years of age or over, applies there- 
for, and any individual under twenty-one years 
of age who is mentally ill or has symptoms of 
mental illness, if his parent or legal guardian 
applies therefor in his behalf. 

(2) DISCHARGE OF VOLUNTARY PA- 
TIENTS. — The head of the hospital shall dis- 
charge any voluntary patient who has recov- 
ered or whose hospitalization he determines to 
be no longer advisable. He may also discharge 
any voluntary patient if to do so would, in the 
judgment of the head of the hospital, con- 
tribute to the most effective use of the hos- 
pital in the care and treatment of the mentally 
ill. 

(3) RIGHT TO RELEASE ON APPLICA- 
TION.— 

(a) A voluntary patient who requests his 
release or whose release is requested in writing 
by his legal guardian, parent, spouse, or adult 
next of kin, shall be released forthwith, ex- 
cept that 

1. If the patient was admitted on his own 
application and the request for release is made 
by a person other than the patient, release 
may be conditioned upon the agreement of the 
patient thereto, or 

2. If the patient, by reason of his age, was 
admitted on the application of another person, 
his release prior to becoming twenty-one years 
of age may be conditioned upon the consent 
of his parent or guardian, or 

3. If the head of the hospital, within the 
hours of the ensuing business day, from the 
receipt of the request, files in the office of the 
county judge in the county where such patient 
is situate certification that in his opinion the 
release of the patient would be unsafe for the 
patient or others, release may be postponed 
for as long as the county judge determines to 
be necessary for the commencement of pro- 
ceedings for judicial hospitalization, but in no 
event for more than five days; provided how- 
ever, that in the event it becomes necessary 
that a voluntary patient in a state hospital be 
judicially committed after admission therein, 
as provided in this section, the costs incident 
to such commitment proceedings shall be borne 
by the county of the patient's residence. 

(b) Notwithstanding any other provision of 
this chapter, judicial proceedings for hospitali- 
zation shall not be commenced with respect 
to a voluntary patient unless release of the 
patient has been requested by himself or by a 
duly authorized person, as provided by para- 
graph (a) herein, or such proceedings are 
recommended by the head of the hospital. 

(4) Nothing herein contained shall be con- 
strued to prohibit any authorized hospital from 
receiving private pay patients in the usual 
course of the business thereof. 

History.— §1, ch. 4357, 1895; GS 1200; RGS 2308; CGL 
3654; §1, ch. 23157, 1945; §11, ch. 25035, 1949; sub. {(e) {1, ch. 
26340, 1949; $1, Ch. 29909, 1955. 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



394.22 Adjudication of persons mentally or 
physically incompetent; procedure. — 

(1) PETITION FOR EXAMINATION OF 
PERSONS BELIEVED TO BE MENTALLY OR 
PHYSICALLY INCOMPETENT; PETITION.— 
Whenever any person within this state is be- 
lieved to be incompetent by reason of mental 
illness, sickness, drunkenness, excessive use of 
drugs, insanity, or other mental or physical 
condition, so that he is incapable of caring for 
himself or managing his property, or is likely to 
dissipate or lose his property or become the 
victim of designing persons, or inflict harm on 
himself or others, application by written pe- 
tition, under oath, may be made to the county 
judge of the county wherein the alleged in- 
competent resides or may be found, or, in the 
absence or disability of the county judge, to 
the judge of the circuit court of the county 
wherein such petition is filed, for a judicial 
inquiry as to the mental or physical condition, 
or both, of the alleged incompetent. 

(2) WHO MAY FILE PETITION.— The pe- 
tition may be filed by: 

(a) The mother, father, brother, sister, 
husband, wife, child or next of kin of the al- 
leged incompetent; 

(b) Any three citizens of the state of Flor- 
ida; 

(c) The sheriff of the county where such 
alleged incompetent resides, if none of the 
persons named in paragraphs (a) and (b) file 
such petition; 

(d) Any citizen of this state who requests 
the examination of himself, provided he pre- 
sents a certificate of a physician authorized to 
practice medicine in this state, certifying that 
he believes such petitioner to be incompetent 
for any one or more of the reasons specified in 
subsection (1) of this section. 

(e) In addition to the persons set forth 
and described in paragraphs (a) -(d), who may 
file a petition for the examination of a person 
believed to be incompetent as contemplated by 
this section, the superintendent of the state 
prison farm in Union county, and the superin- 
tendent of the branch thereof in Marion coun- 
ty, are hereby authorized to file such a petition 
with respect to any person at said institution. 

(3) NECESSARY ALLEGATIONS.— Every 
petition shall allege the name, approximate 
age, address, if known, and nature of the dis- 
ability of such alleged incompetent, and shall 
name all the members of his family with their 
addresses, if known to petitioner, and shall pray 
for an examination of such alleged incompetent 
as provided by law and for an order adjudging 
such person to be incompetent. 

(4) NOTICE; HEARING.— Whenever a pe- 
tition is filed the county judge, or, in his ab- 
sence or disability, a circuit judge, shall set 
a date for an immediate or a very early hear- 
ing on the petition. Reasonable notice shall 
then be given in writing to the alleged incom- 
petent and to one or more members of his 



family, if any (other than petitioner) are 
known to the county judge to be residing within 
his jurisdiction, notifying them that applica- 
tion has been made for an inquiry into either 
the mental or the physical condition, or both, 
of the alleged incompetent and that a hearing 
on such application will be had before the 
judge having jurisdiction at the time and place 
to be specified in said notice. The hearings 
shall be conducted in as informal a manner as 
may be consistent with orderly procedure and 
in a physical setting not likely to have a harm- 
ful effect on the mental health of the proposed 
patient. The court shall receive all relevant 
and material evidence which may be offered 
and shall not be bound by the rules of evidence. 
An opportunity to be represented by counsel 
shall be afforded to every proposed patient, 
and if neither he nor others provide counsel, 
the court may appoint counsel. 

(5) DETENTION OF ALLEGED INCOM- 
PETENT.— 

(a) If it appears, before the date of the 
hearing, from evidence produced before the 
judge, by affidavit or otherwise, that it is for 
the best interest of the alleged incompetent or 
others that he be detained for observation and 
examination, said judge may order that said 
alleged incompetent be placed in the protec- 
tive custody of the spouse or of one or more 
of the near relatives of the incompetent or in 
the protective custody of any other responsible 
citizen of the state. 

(b) The judge may, if in his opinion the 
public safety or the safety of the alleged in- 
competent requires it, direct that the sheriff 
forthwith confine said alleged incompetent in 
some specified place until the further proceed- 
ings herein provided for have been had, or 
until his further order; the judge may also 
order the detention of said person for such 
reasonable time as may be necessary for proper 
medical observation and examination, not to 
exceed fifteen days, unless extended for good 
cause; provided, that in all such cases, there 
shall first be filed with said judge an affidavit 
setting forth facts which make such detention 
necessary. 

(6) EXAMINING COMMITTEE.— 

(a) The judge shall appoint an examining 
committee consisting of a responsible citizen 
of this state and two practicing physicians of 
good professional standing, each of whom shall 
be a graduate of a school of medicine recog- 
nized by the American medical association; 
provided, however, the two doctors appointed 
shall not be permanently associated with each 
other in the practice of medicine and the citi- 
zen appointed shall not be associated with or 
employed by either doctor. The examining 
committee, within a reasonable time after no- 
tice of their appointment, shall proceed to 
make such examination of said person as will 
enable it to ascertain thoroughly his mental 
and physical condition as of the time of the 
examination. No petitioner shall serve as a 
member of the examining committee; provided, 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



however, the provisions of this section shall 
not apply in those counties where there are 
not more than four resident practicing physi- 
cians. The provisions of this section shall not 
apply to resident physicians under the jurisdic- 
tion of the division of mental health. 

(b) If the examining committee considers 
the person under examination to be incompe- 
tent, it shall determine whether the condition 
is acute or chronic, what the apparent cause is, 
and what hallucinations, if any, he has, and 
what the age and propensities of the person 
examined are. The report shall cover specific- 
ally the findings of the committee; it shall be 
on the form hereinafter prescribed, shall be 
signed by each member of the examining com- 
mittee, and shall be transmitted immediately 
to the judge. If the report of the designated 
examiners is to the effect that the proposed 
patient is not mentally ill, the court may with- 
out taking any further action terminate the 
proceedings and dismiss the application. 

(7) INDIGENCY OF INCOMPETENT; AT- 
TORNEY'S FEES; WITNESSES.— 

(a) The judge shall ascertain, or direct 
the examining committee to ascertain whether 
the person being examined is indigent or pos- 
sesses sufficient available means for his sup- 
port. This investigation may extend to the pos- 
sibilities of acquiring property in the future. 

(b) At any state of the proceeding the 
judge may, upon the application of any alleged 
incompetent who is indigent, appoint an attor- 
ney to represent said person, and the compen- 
sation of said attorney shall be fixed by the 
court in an amount not to exceed fifty dollars 
and shall be paid by the county commissioners 
out of the general fund of the county. 

(c) If the alleged incompetent person is 
found to be indigent and unable to procure the 
attendance of witnesses in his behalf, the judge 
shall upon written application therefor, sum- 
mon a reasonable number of witnesses for such 
person, and the witness and mileage fees of 
said witnesses shall be paid by the county 
commissioners of the county from its general 
fund. 

(8) NOTICE; PROCESS; TESTIMONY.— 
In any trial or proceeding under this section, 
notice of hearing, service of notice or process, 
the taking of depositions, summoning of wit- 
nesses, and the taking of testimony shall be 
governed by rules pertaining to such matters 
in the general guardianship law of this state 
except as otherwise specified in this section. 

(9) JUDGMENT.— If the judge, from the re- 
port of the examining committee and the hear- 
ing, finds that the person under investigation 
is incompetent, mentally or physically or both, 
he shall so adjudge, and his judgment shall set 
forth the nature and extent of the incompe- 
tency; but, if he finds that such person is not 
incompetent he shall dismiss the cause and dis- 
charge said person. 

(10) EFFECT OF JUDGMENT.— 

(a) After the judgment adjudicating a per- 



son to be mentally incompetent is filed in the 
office of the county judge, such person shall 
be presumed to be incapable, for the duration 
of such incompetency, of managing his own af- 
fairs or of making any gift, contract, or any 
instrument in writing which is binding on him 
or his estate. The filing of said judgment shall 
be notice of such incapacity. 

(b) After a judgment adjudicating a person 
to be physically incompetent is filed in the of- 
fice of the county judge, such person shall be 
presumed to be incapable, for the duration of 
such incompetency, of making any gift inter 
vivos or any contract which will bind him or 
his estate. The filing of said judgment shall 
be notice of such incapacity. 

(11) COMMITMENT.— 

(a) Whenever any person who has been ad- 
judged mentally incompetent requires confine- 
ment or restraint to prevent self-injury or 
violence to others, the said judge shall direct 
that such person be committed to the sheriff 
for safekeeping and the sheriff shall proceed 
as provided in §394.09. 

(b) The order of commitment shall be ac- 
companied by a copy of the report of the ex- 
amining committee, the judgment of mental 
incompetency, and copies of such other instru- 
ments and records as may be required by the 
board of commissioners of state institutions; 
said copies to be forwarded to the director of 
mental health. 

(c) Where, however, the judge finds, from 
the report of the examining committee or other- 
wise, that such person does not require con- 
finement or restraint to prevent self-injury or 
violence to others and that treatment in the 
Florida state hospital is unnecessary or would 
be without benefit to such person, he may fur- 
ther adjudge and decree that such person is 
harmless and that confinement or restraint 
of such person is unnecessary, and that he be 
delivered to a guardian of his person or to any 
responsible person who may offer to assume 
the care and custody of such harmless person, 
without cost to the state or county, or, if he 
is also found indigent and without funds for 
self-support, that he be delivered to the county 
commissioners of the county of his residence, 
for care and maintenance in the manner pro- 
vided for paupers. 

(d) After adjudication and commitment and 
before admission to the Florida state hospital 
the county judge for good cause shown may 
revoke said commitment and discharge the al- 
leged incompetent. 

(12) TEMPORARY HOSPITALIZATION 
AND CONFINEMENT; PROCEDURE FOR 
ADJUDICATION OF MENTAL INCOM- 
PETENCY; DISCHARGE; TEMPORARY 
GUARDIAN.— 

(a) Any person under a petition for exami- 
nation to determine his mental competency be- 
fore the county judge of any county in this state, 
as provided in this section, upon the recommen- 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



dation of the examining committee, appointed 
by the county judge as provided in this section, 
that such person is, in the opinion of said ex- 
amining committee, only temporarily incompe- 
tent and through specialized care and treatment 
may speedily be restored to competency, or upon 
good cause shown to said county judge at the 
hearing provided for in this section that said 
person is only temporarily incompetent and 
through specialized care and treatment may be 
speedily restored to competency may, by order 
of the county judge, be certified to an approved 
county, city or privately operated hospital, with 
the consent of said county, city or private hos- 
pital, or to the director, division of mental 
health, for admission to one of the state hos- 
pitals, and there be subject to intensive care, 
treatment and observation for a period not to 
exceed six months. 

(b) If at any time prior to the expiration of 
the six month period it is the opinion of the 
staff of the hospital where a person admitted 
pursuant to this subsection is a patient that 
said person is mentally competent, or that he 
has regained his status of mental competency, 
or that said person will not benefit from further 
hospitalization, the head of the hospital may 
discharge said person from said hospital and 
immediately notify the county judge issuing 
the order of certification in writing, stating 
the reason for said discharge. Upon receipt of 
the notice of discharge, the county judge shall 
file and record the same. The filing and re- 
cording thereof in the office of said county 
judge shall constitute a discharge of the alleged 
incompetent and terminate the proceedings 
thereon. 

(c) If at any time prior to the expiration 
of the six month period it is the opinion of the 
staff of the hospital where a person admitted 
pursuant to this subsection is a patient, that 
said person is mentally incompetent and re- 
quires further hospitalization and confinement 
to prevent self-injury or violence to others, the 
head of the said hospital shall notify the county 
judge issuing the order of certification to that 
effect and shall deliver to said county judge a 
report, signed by not less than two members of 
the hospital staff, containing their findings of 
said person's mental condition, prognosis and 
recommendation that said person be adjudi- 
cated incompetent. Upon receipt of such report, 
said county judge shall forthwith notify the 
person or persons who filed the original peti- 
tion upon which the certificate was based, or 
in his or their absence, such next of kin or 
legal guardian of such person as may be found 
in the jurisdiction of the county judge, that 
said report has been filed and the notice to 
such person or persons shall state that the 
mental competency of such person shall be 
determined from the report of the hospital 
staff and the report of the original examining 
committee unless a hearing and the further ex- 
amination of the alleged incompetent by an 
examining committee is requested in writing 
within ten days of receipt of said notice. A 



copy of the report of the medical staff of the 
said hospital shall accompany said notice and 
a copy of the notice and the report of the 
medical staff of the hospital shall be delivered 
to the alleged incompetent. The notice herein 
required to be given to the person or persons 
who filed the original petition, or in their 
absence, to next of kin or guardian of the al- 
leged incompetent, shall be by registered or 
certified mail. 

If the head of the hospital is of the opinion 
that release of the patient at the expiration 
of the six month period would be unsafe to the 
patient or others, and if a report praying for 
the adjudication of said patient is filed, the 
release of said patient by said hospital may be 
postponed for a period not to exceed fifteen 
days, during which time the adjudication pro- 
ceedings shall be commenced as herein pro- 
vided, and when commenced, release of said pa- 
tient shall be postponed until the cause is de- 
termined before the county judge. 

(d) If a hearing and further examination 
of the alleged incompetent is requested as here- 
in provided, the county judge shall proceed 
with the adjudication and commitment proced- 
ure as set forth in this section. If a hearing 
and further examination of the alleged incom- 
petent is not requested within the time allowed 
by law, they shall be deemed waived and the 
county judge shall determine from the report of 
the hospital staff, together with the original 
petition and the report of the original examin- 
ing committee, whether or not the alleged in- 
competent is incompetent and in need of further 
hospitalization and treatment. 

(e) If the judge finds the alleged incompe- 
tent to be incompetent he shall so adjudge; 
but if he finds such person is not incompetent 
he shall dismiss the cause and order such per- 
son immediately discharged. A judgment of 
incompetency shall have the same effect as that 
specified in subsection (10). Once a judgment 
of incompetency has been entered, the judge 
shall follow the provisions of subsection (11) 
as regarding the commitment of said incom- 
petent. 

(f) The head of a state hospital may, upon 
filing the report as provided in this subsection, 
include in such report a request that in the 
event any hearing is requested on such report 
that the cause be transferred to the county 
judge of the county in which the hospital at 
which the patient is confined is located. Upon 
receipt of such request the county judge shall, 
except for good cause shown, forthwith trans- 
mit the entire file and record to the proper 
county judge of the county where the hospital 
wherein the alleged incompetent is confined 
is located; provided that all costs and fees 
incident to such proceedings shall be borne by 
the county from which the original order of 
certification was issued. 

(g) No person who is senile, addicted to the 
use of drugs, mentally retarded, addicted to 
the use of alcohol, convulsively disordered, a 
nonresident or subject to pending criminal 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



charges shall be certified to a state hospital 
under the provisions of this subsection. 

(h) After the entry and filing of the order 
certifying a person for admission to a hospital, 
such person shall be presumed to be incapable, 
for the duration of such hospitalization, of 
managing his own affairs or of making any 
gift, contract, or any instrument in writing 
which is binding on him or his estate. Such 
civil rights of said person are suspended for 
the period of such hospitalization. The filing 
of said order of certification shall be notice 
of such incapacity and suspension of civil 
rights. Provided that upon the discharge of 
said person from the hospital, his civil rights 
shall be deemed automatically restored. 

(i) Temporary guardian. — 

1. After the entry and filing of an order 
certifying any person to a hospital, the coun- 
ty judge, upon application of any party, may 
appoint a temporary guardian of the prop- 
erty of such person. Such appointment shall 
be made only after notice to said person or 
to one or more members of his family or next 
of kin as may be required in the discretion of 
the county judge. 

2. From and after the rendition of the 
order appointing a temporary guardian of the 
property of such person, the general guardian- 
ship laws of this state shall apply to all 
subsequent proceedings thereon. Any tempo- 
rary guardian of the property appointed as a 
result of the filing of such application shall 
qualify to serve as such by filing his oath, 
furnishing bond, and making such accounting 
as shall be required by order of the county 
judge. The general guardianship laws of this 
state shall apply to such guardian of the 
property. 

3. Upon the discharge of such person for 
whom a temporary guardian of the property 
has been appointed by the hospital as in para- 
graph (b) provided, the temporary guardian 
shall forthwith file his final account and, upon 
approval of the same and surrender of the 
assets in the hands of the temporary guardian 
of the property, as ordered by the county 
judge shall be discharged. 

4. Any person for whom a temporary guard- 
ian of the property has been appointed, there- 
after adjudicated incompetent as in paragraph 
(c), may have a guardian of the property, or 
of the person, or of both, appointed under the 
general guardianship law of this state. Upon 
such adjudication of incompetency and the 
appointment of a guardian of the property of 
such person, the temporary guardian shall 
forthwith file his final account in the office of 
the county judge and upon its approval by the 
county judge and the surrender of the assets 
in the hands of the temporary guardian as di- 
rected by order of the county judge, the tem- 
porary guardian shall be discharged. 

(13) PAYMENT FOR THE CARE OF COM- 
MITTED INCOMPETENT S.— Reasonable 
charges and expenses for the care, maintenance 
and treatment of committed incompetents un- 



der any provision of this section and reimburse- 
ment for such charges and expenses that may 
be advanced by the state or any political sub- 
division thereof, shall be a lawful charge 
against the person and estate or property, real, 
tangible or intangible, of said incompetent in 
this state. Such charges and expenses may law- 
fully be paid from the estate of the said in- 
competent by any authorized personal repre- 
sentative, parent, or legal guardian of said in- 
competent; provided, however, that the pay- 
ment thereof, in advance or otherwise, shall 
never be a prerequisite to the care, maintenance 
and treatment of any committed incompetent 
under any circumstances whatsoever. In cases 
of commitments to state hospitals or institu- 
tions, such charges and expenses shall be fixed 
or approved by the board of commissioners of 
state institutions of Florida. In the case of 
commitments to private hospitals or to public 
hospitals or institutions other than state hos- 
pitals or institutions, such charges and ex- 
penses shall be fixed or approved by the board 
of county commissioners of the county wherein 
the patient is or has been committed. Any suit 
or action instituted by the state or any po- 
litical subdivision thereof for the recovery 
of such charges and expenses against the 
person or his duly authorized personal rep- 
resentative, parent, or legal guardian, shall 
be brought by the state attorney of the judicial 
circuit in which said incompetent was com- 
mitted, or by the office of the attorney general 
or both such state attorney and office of the 
attorney general, as the case may be, as party 
plaintiff. 

(14) HOSPITALIZATION BY AN AGEN- 
CY OF THE UNITED STATES.— If an indi- 
vidual ordered to be hospitalized pursuant to 
the previous section is eligible for hospital care 
or treatment by any agency of the United 
States, the court, upon receipt of such advice 
from such agency showing that facilities are 
available and that the individual is eligible for 
care or treatment therein, may order him to be 
placed in the custody of such agency for hos- 
pitalization. When any such individual is ad- 
mitted pursuant to the order of such court to 
any hospital or institution operated by any 
agency of the United States within or without 
the state, he shall be subject to the rules and 
regulations of such agency. The chief officer of 
any hospital or institution operated by such 
agency and in which the individual is so hos- 
pitalized, shall with respect to such individual 
be vested with the same powers as the heads of 
hospitals within this state with respect to de- 
tention, custody, transfer, conditional release, 
or discharge of patients. 

An order of a court of competent jurisdic- 
tion of another state, or of the district of Co- 
lumbia, authorizing hospitalization of an indi- 
vidual by any agency of the United States shall 
have the same force and effect as to the indi- 
vidual while in this state as in the jurisdiction 
in which is situated the court entering the or- 
der; and the courts of the state or district 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



issuing the order shall be deemed to have re- 
tained jurisdiction of the individual so hospi- 
talized for the purpose of inquiring into his 
mental condition and of determining the neces- 
sity for continuance of his hospitalization, as 
is provided in this section with respect to in- 
dividuals ordered hospitalized by the courts of 
this state. Consent is hereby given to the appli- 
cation of the law of the state or district in 
which is located the court issuing the order 
for hospitalization with respect to the author- 
ity of the chief officer of any hospital or insti- 
tution operated in this state by any agency of 
the United States to retain custody, transfer, 
conditionally release, or discharge the indivi- 
dual hospitalized. 

(15) RESTORATION TO MENTAL COM- 
PETENCY; PROCEDURE.— 

(a) In all cases where any person who has 
been heretofore, or hereafter may be adjudged 
incompetent, whether such person be confined 
in the Florida state hospital or has been dis- 
charged therefrom, or is in the custody of any 
person, persons, or committee, it shall be law- 
ful for any relative, husband or wife, or next 
friend of such person as the case may be, to 
apply by petition to the county judge of the 
county where the alleged incompetent was 
adjudged incompetent, or where such person 
may be living at the date of such application, 
to have the mental status of such adjudged in- 
competent inquired into, as to whether such 
person is still incompetent and unable to man- 
age his or her affairs; provided, however, that 
when the alleged incompetent is confined in the 
Florida state hospital, or any branch thereof, 
the proceedings shall be brought in the county 
in which said institution is located. 

(b) Such petition shall contain all the facts 
upon which an order restoring such person to 
a judicially sound mental condition or status 
of competency is prayed, and shall be under 
oath. Such proceeding shall be ex parte and 
without respondent being named therein; pro- 
vided however, that service of a copy of said 
petition shall be served upon the state attorney 
of the judicial circuit embracing the county 
in which the cause is brought, and he shall 
represent the state in such cases. In the event 
a legal guardian, as provided under the laws 
of Florida, has been appointed, of the person 
or property of said adjudicated incompetent, 
that then and in that event service of a copy 
of said petition for restoration shall be made 
upon said legally appointed guardian of the 
person or property of the adjudicated incom- 
petent. Proof of service of copies of the notice, 
certificates, and petition shall be by affidavit 
or acknowledgment to be filed with the court. 

(c) Upon the filing of such petition, the 
county judge of such county shall cause the 
adjudicated incompetent to be brought before 
him at an early date, after reasonable notice 
to the state attorney and legal guardian of 
said adjudicated incompetent; the time of said 
notice to be fixed by the county judge, at 
which time the issue in the said petition shall 



be tried, unless for the cause of justice the 
time shall be enlarged in the discretion of the 
court. In all other respects the hearing before 
the county judge on said petition shall be had 
in the same manner as the hearing provided 
in subsection (4) of this section. 

(d) If upon the hearing of such cause it 
shall appear to the court that the adjudicated 
incompetent is of sound mind and is capable of 
managing his or her own affairs, the county 
judge hearing such cause shall immediately 
issue his order herein, which order shall be 
to the following effect: 

1. That said person is of sound mind judi- 
cially and is capable of managing his own 
affairs. 

2. That said person be immediately restored 
to his personal liberty. 

3. That the guardian, committee, or custo- 
dian, as the case may be, of such person, shall, 
within thirty days, or such time as the county 
judge may fix, make full settlement with such 
person so restored to the status of judicial 
competency of all his or her property in their 
or his hands, custody or control, as the case 
may be, under penalty of contempt of court 
and the punishment thereof. 

(e) The county judge entering such order 
shall forthwith cause a certified copy thereof 
to be forwarded to the office of the county 
judge of the county where said incompetent 
was originally committed, and said certified 
copy of order of restoration shall be filed in 
the original proceedings of record in said 
county; and a certified copy thereof shall be 
forwarded to the office of the superintendent 
of the Florida state hospital. 

(f) The petitioner shall be entitled to an 
appeal to the appropriate district court of ap- 
peal in the time and in the manner prescribed 
by the Florida appellate rules, or to the su- 
preme court if authorized by §4, Art. V of the 
state constitution from a final order of the 
county judge entered pursuant to this subsec- 
tion or subsections (9), (12), (16) or (17) of 
this section. 

(16) RESTORATION TO MENTAL COM- 
PETENCY; BY CERTIFICATE.— 

(a) Certificate. When a person because of 
mental incompetency has been committed to the 
Florida state hospital, or to any institution 
known as a United States veterans bureau hos- 
pital, mentioned in §293.16, and when said per- 
son has been under observation at the said 
hospital or institution for a period of thirty 
days or more, if a majority of the medical staff 
of said hospital or institution who are gradu- 
ates of schools recognized by the American 
medical association, are of the opinion that 
said person has recovered his reason and is 
capable of managing his own affairs, then the 
superintendent or the manager of said hospital 
or institution may issue to him a certificate 
so stating, signed by the three members of the 
medical staff of the said hospital or institution. 
Said certificate shall be attested by the su- 
perintendent or manager of the said hospital 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



or institution or someone designated by such 
superintendent or manager, and said certificate 
shall be admissible in evidence in any hearing 
for the restoration to sanity of such person and 
shall be prima facie proof that such person 
is sane. 

(b) Automatic restoration. — Upon issuing 
the certificate as provided in the foregoing 
paragraph, the original of said certificate shall 
be sent to the office of the county judge where 
said patient to whom said certificate was is- 
sued was originally committed. Upon receipt 
of said certificate it shall be docketed and filed 
in the file of said person and the county judge 
shall notify the legally appointed guardian of 
said discharged person, if there be one ap- 
pointed, and the state attorney of the judicial 
circuit embracing the county that said person 
has been discharged from the state hospital 
with a certificate of competency and said state 
attorney shall represent the state in this mat- 
ter. The state attorney shall file any objections 
he might have to the restoration to competency 
of the person named in the certificate within 
twenty days of his receiving notice of said 
discharge; provided, the state attorney may 
prior to the expiration of the twenty day period 
file a waiver of objection. If no objections are 
filed within the time allowed herein or if a 
waiver of objection is filed, the person named 
in said certificate shall automatically be re- 
stored to competency on the basis of said cer- 
tificate and an order to that effect shall forth- 
with be entered by the county judge. Provided, 
however, no fee shall be charged by the county 
judge for such proceedings. In the event an 
objection to such restoration is made by the 
state attorney, a copy of said objections shall 
be served by registered or certified mail upon 
the person named in said certificate or upon his 
next of kin, if known, or legal guardian if one 
has been appointed, together with a notice that 
said person or his next of kin, if known, or 
legal guardian if one has been appointed must 
institute restoration proceedings which shall 
be the same in substance as those proceedings 
provided in subsection (15) of this section. 

(c) Attorneys. In cases of indigency the 
court, upon application of the incompetent, may 
appoint an attorney to represent faithfully 
such incompetent before the court. The attor- 
ney shall be entitled to a reasonable fee not to 
exceed fifty dollars, to be allowed by the county 
judge and paid by the county commissioners 
of the county from the county's general fund. 

(17) REMOVAL OF PHYSICAL INCOM- 
PETENCY.— 

(a) Petition. After a judgment of physical 
incompetency has been entered, if the person 
affected thereby shall at any time thereafter 
become able to care for his property, he or 
one or more of his family or any of his next of 
kin may petition the court having jurisdiction 
of his case, setting forth the recovery of such 
incompetent and the reasons why he should 
be restored to his former status. 



(b) Notice and hearing. The judge shall set 
a time for the hearing of such petition, and rea- 
sonable notice of the hearing shall be given to 
the incompetent, if he is not the petitioner, and 
to one or more of the members of his family, 
if any, and, if he has no family, or next of 
kin, known to the county judge to be within 
his jurisdiction, then such notice shall be given 
as the judge may direct. 

(c) Order. After the hearing, if the judge 
shall find that such person has regained the 
ability to care for his property, an order to 
that effect shall be entered, and thereupon, 
such person, so far as his person and property 
are concerned, shall occupy the same status 
as though he had never been adjudicated in- 
competent. If a guardian has been appointed 
for him during such physical incompetency, 
such guardian shall immediately render his 
accounting to the court having jurisdiction and 
apply for his discharge as provided by the 
general guardianship laws of this state. 

(18) FORMS. — The board of commissioners 
of state institutions shall cause to be prepared 
and prescribe forms for applications, notices, 
medical reports, orders of commitment, and 
such other forms as may be found necessary 
or convenient, in administering this law. The 
board of commissioners of state institutions 
shall cause said forms to be printed and dis- 
tributed to the county judges of this state. 

(19) APPLICATION OF THIS SECTION.— 
The provisions of this section shall be cumu- 
lative to all other laws on the restoration of 
sanity. 

(20) CRIMINAL COMMITMENTS.— All 
persons committed to any of the state hospitals 
by order of any criminal court shall be liable 
for the payment of care and maintenance 
charges in the same manner and at the same 
rate as persons who have been committed by a 
county judge in a noncriminal proceeding. Such 
charges shall be paid from the estate of such 
mentally ill person admitted under a criminal 
court order and shall be a lawful charge 
against the estate or property, real, tangible 
or intangible, of said mentally ill person where- 
soever situate; provided, however, the provi- 
sions of this subsection shall be applicable only 
to persons committed by a court having crim- 
inal jurisdiction prior to entry of any order 
of sentence, but shall not apply to persons 
who have been committed to the state hospi- 
tals while serving a criminal sentence. 

History.— §2, eh. 4S57, 1895; §1, ch. 6264, 1903; GS 1201; 
RGS 2309; CGL 3655; repealed by 56, ch. 22000, 1943. 
S3, Ch. 2315T, 1945; S3, ch. 29909, 1955; (11) (a) §1, ch. 31403, 
1956; (6) (a) S§1, 2, ch. 57-231; (11) (a), (b) §12, ch. 57-317; (15) 
(1) n. 81. ch. 57-197; (11) (a) 813, ch. 59-1; (12) 81, ch. 59-42; 
(16) (b) 81, ch. 59-155; (6) (a) §1, ch. 63-498; (15) (1) 827, ch. 
63-559; (20) n. 81. Ch. 63-559. 

394.23 Compensation for services. — For the 

services required under the provisions of this 
chapter, compensation may be allowed as follows : 
(1) The fees of the county judge shall be 
the sum of seven dollars and fifty cents for 
each case in which it is sought to have a person 
adjudicated to be physically or mentally inca- 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



pacitated, and five dollars in each case where it 
is sought to remove the physical or mental in- 
capacity of a person previously so adjudicated. 

(2) Each examining physician on the com- 
mittee shall receive not less than ten dollars and 
not more than twenty-five dollars each, and the 
other committeemen shall receive two dollars 
each. Each such physician shall receive the 
minimum sum herein provided except where 
the file of the proceeding discloses that the 
time required of the physician in the proceed- 
ing demands a greater sum; and in such event, 
the county judge shall certify to the board of 
county commissioners the sum to be paid to 
the physician, not to exceed the maximum here- 
in provided. 

(3) The sheriff shall receive such compen- 
sation as may be deemed reasonable by the 
board of county commissioners, but not to ex- 
ceed that allowed for service of summons. 

(4) Subject to the exceptions set forth in 
succeeding subsections (5) and (6) hereof, all 
accounts accruing in pursuance of this chapter 
shall be approved and paid by order of the 
board of county commissioners of the county 
wherein the incapacitated person resides. 

(5) That when proceedings contemplated by 
this chapter are had in Union county, with 
respect to a person who is a prisoner at the 
state prison farm, all accounts accruing in 
pursuance of this chapter and with respect to 
such proceedings shall be paid by the comp- 
troller of the state, upon requisition therefor 
of the county judge of Union county, approved 
by the superintendent of said institution, and 
in such form as the comptroller shall pre- 
scribe, and the amount thereof in each in- 
stance shall be charged by the comptroller to 
the funds appropriated for the necessary and 
regular expense of said institution; and there 
is hereby appropriated from such funds suffi- 
cient amounts to pay said accounts. 

(6) That when, under reciprocal or other 
agreements or understandings, delivery of a 
resident of Florida, who has been held as a 
mental incompetent in an institution of another 
state or the federal government, is accepted by 
the State of Florida, and proceedings as con- 
templated by this chapter are required to be 
held in Gadsden county, with respect to any 
such person so delivered to this state, in or- 
der that such person, if found incompetent, 
may properly be committed to Florida state hos- 
pital, all accounts accruing in pursuance of this 
chapter in connection with such proceedings 
shall be paid by the comptroller of Florida upon 
requisition of the county judge of Gadsden 
county, approved by the superintendent of 
said institution, and in such form as the 
comptroller shall prescribe, and in each in- 
stance the comptroller shall charge the amount 
thereof to the funds appropriated for the neces- 
sary and regular expense of Florida state hos- 
pital; and there is hereby appropriated from 
such funds sufficient amounts to pay said 
accounts 

History.— §2, ch. 20504, 1941; §4, Oh. 23157, 1945; SI, Ch. 26341, 
1949; sub. $ (2) am. §1, ch. 28155, 1953. 
cf. — §30.23 Fees of sheriffs and constables. 

§394.09 Custody and transportation of mentally 111 persons. 



394.24 Minimum age of person committed. — 

(1) COMMITMENT OF CHILDREN; PRO- 
CEDURE. — A child between twelve and fifteen 
years of age may be committed to the state hos- 
pital under procedures as provided in this sec- 
tion. 

(a) By transfer from another state institu- 
tion of the state, who, following the commit- 
ment of such person to such other state institu- 
tion, has actually been found to be mentally ill. 

(b) Any child committed pursuant to sub- 
section (1) shall be committed as provided in 
§394.22, and upon diagnosis by a practicing 
psychiatrist of good professional standing, a 
graduate of a school of medicine recognized by 
the American medical association who shall 
certify that such child is psychotic. The psy- 
chiatrist must be one of the members of the 
examining committee. Children who are men- 
tally defective or suffering from convulsive 
disorder are not eligible for commitment. 

(2) RELEASE FROM HOSPITALIZA- 
TION. — If, after observation at said hospital, a 
majority of the psychiatric staff of said hos- 
pital are of the opinion that the child is able 
to return to the community such child shall be 
released to his parent, guardian, juvenile court 
judge or county judge. 

History.— §3, ch. 20504, 1941; {1. Ch. 57-836. 

394.25 Persons receivable as patients. — No 

person shall be received as a patient in the 
Florida state hospital except upon a commit- 
ment duly issued by the judge under whom the 
examination of such person has been conducted, 
or unless the commitment so issued shall spe- 
cifically commit the said person to the Florida 
state hospital. 

History.— 14, ch. 20504, 1941. 
cf. — §394.10 Admission to institutions of pay patients. 

§917.01 Examination of defendant's mental condition to de- 
termine whether he shall be tried. 

394.251 Acceptance, examination and com- 
mitment of Florida residents from out of state 
mental health authorities. — 

(1) Upon request of the state mental health 
authorities of another state, the Florida divi- 
sion of mental health is hereby authorized to 
accept as patients, for a period of not more 
than fifteen days, persons who are and have 
been bona fide residents of Florida for a pe- 
riod of not less than one year. 

(2) Any person received pursuant to the 
preceding subsection shall be examined by the 
staff of the state hospital where such patient 
has been accepted which examination shall be 
completed during the said fifteen day period. 

(3) If upon examination such person is 
found to be incompetent, a petition for com- 
mitment pursuant to the provisions of this 
chapter shall be filed with the county judge 
of the county wherein the state hospital re- 
ceiving the patient is located or the county 
whereof the patient is a resident. 

(4) During the pendency of the examina- 
tion period herein provided for and the pendency 
of the commitment proceedings herein provid- 
ed for, such person may continue to be de- 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



tained by the state hospital unless the county 
judge having jurisdiction enters his order to 
the contrary. 

History.— §1, ch. 63-455. 

394.26 Persons not receivable as patients; 
chronic alcoholics. — Chronic alcoholics as such 
and other persons not demonstrating a psychosis 
shall not be committed to or received as patients 
for treatment in the Florida state hospital, nor 
shall persons be committed to or received as 
patients for treatment in the Florida state 
hospital by reason alone of senility. 

History.— 55, ch. 20604, 1941. 

394.27 Residence requirements. — 

(1) No person shall be committed to or re- 
ceived as a patient for treatment in a Florida 
state hospital, who has not been a bona fide 
resident of the state continuously for one year 
immediately preceding the examination of said 
person under the provisions of §394.22. Pro- 
vided, however, that any person not a bona 
fide resident of the state may be committed to 
the director of the division of mental health, 
for the purpose of transferring said person 
back to the state of his residence. Upon the 
admission of a nonresident person to a state 
hospital, the director of the division of mental 
health shall forthwith ascertain the state of 
residence of said person and take all steps 
necessary to transfer said person to the state 
of his residence. All expenses incident to ef- 
fecting said transfer shall be borne by the 
county wherein said nonresident is committed, 
provided, however, before any nonresident is 
committed under the provisions of this section, 
the county wherein said nonresident is found 
shall make a diligent effort to contact the 
spouse, parents or next of kin of said non- 
resident and request that they transfer or 
cause said nonresident to be transferred back 
to his state of residence. 

(2) If after a diligent effort, a nonresident 
person cannot be transferred to the state of his 
residence, or if said state will not accept said 
person, and if it appears that said person is 
in need of hospitalization and is likely to 
injure himself or others if he is not confined, 
then in the discretion of the director of the 
division of mental health, said nonresident may 
be allowed to remain in said state hospital 
until such time as he can be transferred to the 
state of his residence or is no longer in need 
of confinement. 

History.— §6, ch. 20504, 1941; §1, ch. 59-108. 

394.271 Additional residence requirements. 

— For the purposes of this chapter, no non- 
resident person who has been adjudicated men- 
tally incompetent in a judicial proceeding in 
any state or territory shall be capable of es- 
tablishing residence in this state so long as 
said person remains an adjudicated mentally 
incompetent. 

History.— §1, ch. 59-63. 

394.39 Chief psychiatrist; qualifications; 



assistants. — The board of commissioners of 
state institutions is hereby authorized and di- 
rected to employ with all reasonable prompt- 
ness a chief psychiatrist, and additional psychi- 
atrists who shall have fully recognized and 
accredited training and experience in the prac- 
tice of medicine and psychiatry, who shall be 
attached to the medical staff of the Florida 
state hospital at Chattahoochee. The chief 
psychiatrist so employed shall be a reputable 
well educated physician, a graduate of a rec- 
ognized class A medical school (as classified 
by the American medical association, and the 
association of American medical colleges), and 
a certified psychiatrist, and shall have had at 
least five years experience in the actual prac- 
tice of psychiatry at least two years of which 
must have been in an institution for care and 
treatment of the mentally ill. Any of such 
additional staff members shall also be avail- 
able for assisting at any branch of the Florida 
state hospital, or any other state operated 
mental institution. 

History. — Comp. §1, ch. 25374, 1949. 

394.40 Training program to be established. — 

As soon as a sufficient number of additional 
staff members as above mentioned have been 
acquired the superintendent and chief phy- 
sician and the chief psychiatrist of the Florida 
state hospital shall take steps for setting up 
a training program that will meet the require- 
ments of the American psychiatric association 
for training residents, internes, psychologists 
and other psychiatric staff members and also 
for training attendants in the most advanced 
and progressive psychiatric methods of treating 
mentally ill patients. 

History.— Comp. §2, ch. 26374, 1949. 

394.41 Dieticians; training. — The food 
served for the mentally ill being a factor in any 
such hospital, the board and the superintendent 
are directed to employ an adequate number of 
dieticians and provide any necessary training 
of personnel in the preparation of food. 

History. — Comp. 83, ch. 25374, 1949. 

394.42 Administration; rules and regula- 
tions. — The board of commissioners of state 
institutions is hereby authorized and directed to 
take such action and pass such rules and regula- 
tions as may be necessary to carry out promptly 
and effectively the provisions of §§394.39-394.43, 
to the end that improved and more adequate 
facilities for treating the patients in state in- 
stitutions for the mentally ill, and such board 
is hereby further authorized to transfer on the 
recommendation of the medical and psychiatric 
staff of the Florida state hospital patients from 
one institution for mentally ill to another of 
like nature. 

History.— Comp. §5, ch. 25374, 1949. 

394.43 Mental hospitals, establishing; scope 
of program. — The establishment of a mental 
hospital at Dorr field and Carlstrom field near 
Arcadia, hereafter designated and known as the 
G. Pierce Wood memorial hospital is confirmed 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



and approved. Such hospital is to be a separate 
and distinct unit under the division of mental 
health and is to be included in the improved 
and extended treatment program provided for 
in §§394.39 through 394.43. 

History.— §6, ch. 25374, 1949; {13, ch. 67-317. 



vidual detained pursuant to any section of this 
chapter shall be entitled to the writ of habeas 
corpus upon proper petition by himself or a 
friend to any court generally empowered to 
issue the writ of habeas corpus in the county 
in which he is detained. 



394.45 Writ of habeas corpus. — Any indi- History.— §1, ch. 63-121. 

PART II— CHILDREN'S PSYCHIATRIC CENTERS 



394.50 Children's division established. 

394.51 Employment of director of children's 

division, physicians and persons nec- 
essary. 

394.52 Powers and duties of director and oth- 

er employees. 

394.53 Compensation of director and employ- 

ees. 

394.54 Bond may be required of any employ- 

ees. 

394.50 Children's division established. — 

There is established in this state a children's 
psychiatric center with an initial capacity of 
not less than forty-eight beds, to be located 
on the grounds of the south Florida state hos- 
pital in Broward county, and such other lo- 
cations as may hereafter be designated by law. 
Said children's center shall be known as the 
children's division of the south Florida state 
hospital and shall be a part of the south Flor- 
ida state hospital. Said center shall be under 
the supervision of the director of the division 
of mental health. 

History.— jl, ch. 59-383. 

394.51 Employment of director of children's 
division, physicians and persons necessary. — 

The superintendent of the south Florida state 
hospital shall employ a director of the chil- 
dren's division subject to the approval of the 
director of division of mental health and the 
board of commissioners of state institutions. 
The director of the children's division shall 
employ such physicians and clinical personnel 
necessary for the proper management of the 
center subject to the approval of the superin- 
tendent of the south Florida hospital. 

History.— §2, ch. 59-383. 

394.52 Powers and duties of director and 
other employees. — The superintendent of the 
south Florida state hospital shall prescribe 
the powers and duties of the director and all 
other employees, subject to approval of the 
director of division of mental health. 

History.— §3, ch. 59-383. 

394.53 Compensation of director and em- 
ployees. — The compensation of such director 
and all other employees shall be prescribed by 
the superintendent of the south Florida state 
hospital and subject to the approval of the 
director of division of mental health. 

History.— §4, ch. 59-383. 

394.54 Bond may be required of any em- 
ployees. — The board of commissioners of state 
institutions may require bond and sureties of 



394.55 Removal of employees. 

394.56 Admission to center voluntary; proce- 

dure; etc. 

394.57 Admissions, involuntary, procedure, 

etc. 

394.58 Records. 

394.59 Payment for care of certified children. 

394.60 Transfer of patients. 

394.61 Discharge. 

394.62 Age limit. 

any employee including the director, condi- 
tioned as said board may prescribe. 

History.— §5, ch. 59-383. 

394.55 Removal of employees. — The director 
shall be removable for good cause by the su- 
perintendent of the south Florida state hospital 
with the approval of the director of division of 
mental health. Other employees shall be re- 
moved at the pleasure of the director of the 
children's division subject to approval of the 
superintendent of the south Florida state hos- 
pital. 

History.— §6, ch. 59-383. 

394.56 Admission to center voluntary; pro- 
cedure; etc. — 

(1) Application for admissions, on forms 
prescribed by the director of division of mental 
health and approved by the board of commis- 
sioners of state institutions shall be made to 
the director of the division of mental health 
or his designated authority. Provided, however, 
that every application shall be signed by the 
parent or legal guardian of the applicant or 
in absence of such, the person or agency hav- 
ing custody of said applicant and the applica- 
tion shall be accompanied by a certificate of at 
least one licensed physician of good profes- 
sional standing and a graduate of a school of 
medicine recognized by the American medical 
association, and shall state that the applicant 
has been examined by said physician and it 
is the opinion of said physician that the appli- 
cant is severely emotionally disturbed or psy- 
chotic and is in need of and will benefit from 
intensive care and treatment at the children's 
center. Said certificate shall also contain a 
diagnosis and history of the applicant's con- 
dition. Provided the certificate shall be based 
on an examination conducted not less than fif- 
teen days prior to the date of the application. 

(2) Upon receipt of the application the di- 
rector of division of mental health or his 
designated authority shall, on the basis of the 
certificate of examination, reject or accept the 
applicant as a patient at the center. If the ap- 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



plication is accepted, the applicant shall be 
admitted to the center as space and facilities 
shall become available. The director of division 
of mental health or his designated authority 
shall have the sole discretion of determining 
the order of admissions of applicants based on 
the type of case, the urgency, and facilities 
available. Provided, however, the ability to 
pay shall never be a prerequisite to admissions 
or care and treatment at the center. 

(3) Any child admitted to the center under 
this section whose parent or legal guardian 
requests his release in writing shall be forth- 
with released except that if a majority of the 
medical staff of the center is of the opinion 
that the release of the child would be unsafe 
for the child or others, the superintendent may 
file a petition in the office of the county judge 
of the county where the patient is situate re- 
questing the certification of said child to the 
center pursuant to the procedure set forth in 
this law, and said petition shall be so filed 
within the next succeeding business day after 
the request for release is made. Upon filing 
said petition the patient's release shall be de- 
termined by final order of said court. 

History.— §7, ch. 59-383. 

394.57 Admissions, involuntary, procedure, 
etc. — 

(1) PETITION.— Whenever any child in 
this state is believed to be severely emotionally 
disturbed or psychotic a written petition under 
oath may be made to the county judge of the 
county wherein said child resides or may be 
found for judicial inquiry into the mental con- 
dition of said child. Every petition so filed 
shall be accompanied by a report of at least 
one qualified physician of good professional 
standing and a graduate of a school of medicine 
recognized by the American medical associa- 
tion, stating that the child named in the peti- 
tion has been examined by said physician and 
said report shall contain the results of the 
examination, a diagnosis and history of the 
child's mental and physical condition, and a 
statement of belief that the child would bene- 
fit from intensive care and treatment at the 
children's division of the south Florida state 
hospital. 

(2) WHO MAY FILE PETITION.— The pe- 
tition may be filed by: the mother, father or 
legal guardian of the said child; any three 
citizens of the state who are acquainted with 
the child, provided one such citizen shall be 
a qualified physician who has examined the 
mental condition of the child named in the 
petition. 

(3) NECESSARY ALLEGATIONS.— Every 
petition shall allege the name, approximate age, 
address, and nature of the disability of the 
alleged mentally ill child. It shall also allege 
the names and addresses of his parents or 
legal guardian, if such be known, and shall 
pray for an order certifying said child for 
admission to the children's division of the 
south Florida hospital. 

(4) NOTICE, HEARING.— Whenever a pe- 



tition is filed the county judge shall set an 
immediate or very early hearing on the petition. 
Reasonable notice shall be given in writing 
to the petitioner and to one or more of the 
parents or legal guardian, if such be known, 
of the child named in said petition, notifying 
them that said hearing will be held at the 
time and place specified in said notice. All 
hearings shall be conducted in an informal 
manner, as may be consistent with orderly pro- 
cedure and in a physical setting not likely to 
have a harmful effect on the mental health 
of the child. The court will receive all relevant 
evidence and the child and his parents or legal 
guardian shall have an opportunity to be 
represented by counsel and if no counsel is 
provided the court may appoint counsel. 

(5) EXAMINATION.— The parents or legal 
guardian at any time before the hearing or 
the judge may request further examination of 
the alleged severely emotionally disturbed or 
psychotic child and if such request is made 
the judge shall appoint an examining commit- 
tee composed of two practicing physicians of 
good professional standing, each of whom shall 
be a graduate of a school of medicine recog- 
nized by the American medical association. 
Within a reasonable time after their appoint- 
ment the committee shall examine the child 
named in the petition and upon the comple- 
tion of said examination forthwith file a writ- 
ten report of said examination. Said report 
shall contain the results of the examination, a 
diagnosis and history of the child's mental and 
physical condition and a statement as to 
whether or not the committee believes said 
child will benefit from intensive care and treat- 
ment at the children's division. 

(6) CERTIFICATION.— On the basis of the 
petition and original examination report and 
examining committee's report, if any, and such 
other evidence and testimony as may be pre- 
sented, the judge shall determine whether or 
not the child named in the petition is severely 
emotionally disturbed or psychotic and will 
benefit from intensive care and treatment at 
the children's division. If the judge finds the 
child is severely emotionally disturbed or psy- 
chotic and will benefit from intensive care and 
treatment at the center, he shall certify the 
child for admission to the center; provided, 
however, no child shall be admitted to the cen- 
ter without the consent of the director of the 
children's division; if he finds said child is not 
severely emotionally disturbed or psychotic 
and will not benefit from intensive care and 
treatment at the center, said judge may dismiss 
the cause or make such other order as he may 
deem in the best interest of said child. 

History.— §8, ch. 59-383. 

394.58 Records. — The order of certification 
shall be forwarded to the director of the divi- 
sion of mental health or his designated au- 
thority, together with a copy of all medical 
examinations. 

History.— §9, ch. 59-383, 



Ch. 394 



FLORIDA STATE HOSPITALS; PSYCHIATRIC CENTERS 



Ch. 394 



394.59 Payment for care of certified chil- 
dren. — Whenever the parent, guardian or estate 
of the child is able to do so, the cost of care 
and maintenance in whole or in part shall be 
borne by said parent, guardian or estate; the 
amount and payment thereof to be determined 
and arranged by the board of commissioners of 
state institutions from time to time as condi- 
tions and circumstances may warrant. All 
payments hereunder shall be made to the 
superintendent and remitted by him to the 
state treasurer at stated intervals and de- 
posited to general revenue fund. The expenses 
of certification and transportation to and from 
and admission to the center shall be borne by 
the county from which the child is admitted, 
except in cases of paying children in which case 
such expenses shall be borne by the parent, 
guardian or estate of said child. Whether or 
not a child is admitted to the center on a paying 
basis shall in no way influence the treatment 
of said child; every child at the center is to 
be treated solely on his merits and according to 
his mental and physical condition. 

History.— 1 10, ch. 69-383. 

394.60 Transfer of patients. — When it is 
made to appear to the director of the division 
of mental health that any child at the center 
is not responding to or benefiting from the in- 
tensive care and treatment at the center and 
that such child is in need of further care 
and treatment and would be more suitably 
treated and cared for at one of the Florida 
state hospitals or sunland training center, said 
director of mental health may order such child 
transferred from the center to sunland train- 
ing center or to one of the state hospitals, as 
the case may be, and thereupon said child 
shall be received and treated and cared for in 
Florida state hospital or sunland training cen- 
ter, as the case may be. Provided, however, 



all transfers to sunland training center shall 
first be approved by the board of commissioners 
of state institutions. 

History.— $11. ch. 59-383. 

394.61 Discharge.— 

(1) When a child has been a patient at the 
center and there subject to care and treatment, 
if the director upon advice of his medical staff 
is of the opinion that said child is cured or 
sufficiently improved or for other reasons will 
no longer benefit from care and treatment at 
the center, the director may issue a certificate 
of discharge and discharge said child from 
the center. The original of said certificate shall 
be forwarded to the county judge who origi- 
nally certified said child and copy shall be sent 
by registered or certified mail to the parent or 
guardian of the child. Upon the filing and 
docketing said certificate, the case shall be 
terminated. In the event the parent or legal 
guardian cannot be found or refuses to accept 
custody of said discharged child, the child 
shall be placed in the care and custody of the 
juvenile court of the county from which the 
child was originally admitted, as a dependant 
child. 

(2) In addition to the discharge procedure 
contained in subsection (1), the director of the 
division of mental health, together with the 
superintendent of the south Florida state hos- 
pital, may make such rules and regulations as 
they deem necessary to provide for the trial 
visits or vacation leaves of patients at the cen- 
ter who are not sufficiently improved to be dis- 
charged from the center. 

History.— §12, ch. 59-383. 

394.62 Age limit. — Any child between the 
ages of five to fourteen years, inclusive, is eligi- 
ble for admission to the children's center as 
provided in Part II of this chapter. 

History.— 1 13, ch. 69-383. 



Ch. 395 



HOSPITAL LICENSING AND REGULATION 



Ch. 395 



CHAPTER 395 
HOSPITAL LICENSING AND REGULATION 



395.01 Definitions. 

395.02 Purpose. 

395.03 Licensure. 

395.04 Application for license; disposition of 

fees; expenses. 

395.05 Issuance and renewal of license. 

395.06 Denial or revocation of license; hear- 

ings and review. 

395.07 Rules, regulations, and enforcement. 

395.01 Definitions. — As used in this chapter : 

(1) "Hospital" means any establishment 
that offers: 

(a) Services more intensive than those re- 
quired for room, board, personal services and 
general nursing care; and 

(b) Facilities and beds for use beyond 
twenty-four hours by ten or more nonrelated 
individuals requiring diagnosis, treatment or 
care for illness, injury, deformity, infirmity, 
abnormality disease or pregnancy, and regu- 
larly makes available at least: clinical labora- 
tory services, diagnostic x-ray services, treat- 
ment facilities for surgery, or obstetrical care 
or other definitive medical treatment of similar 
extent, and one registered nurse on duty at all 
times; provided, however, that the provisions 
of this chapter do not apply to any institution 
conducted by or for the adherents of any well- 
recognized church or religious denomination for 
the purpose of providing facilities for the care 
or treatment of the sick who depend exclusively 
upon prayer or spiritual means for healing in 
the practice of the religion of such church or 
denomination. 

(2) "Person" means any individual, firm, 
partnership, corporation, company, association, 
or joint stock association, and the legal succes- 
sor thereof. 

(3) "Governmental unit" means the state, or 
any county, municipality, or other political sub- 
division or any department, division, board or 
other agency of any of the foregoing. 

(4) "Licensing agency" means the state 
board of health. 

History. — §1, ch. 24091, 1947; $11, ch. 25035, 1949. 
Am. (1), (5) R. by §§1, 2, ch. 57-80. 

395.02 Purpose. — The purpose of this chap- 
ter is to provide for the development, establish- 
ment and enforcement of standards: 

(1) For the care and treatment of individu- 
als in hospitals and, 

(2) For the construction, maintenance and 
operation of hospitals, which, in the light of ad- 
vancing knowledge, will promote safe and ade- 
quate treatment of such individuals in hospitals. 

History.— §2, ch. 24091, 1947. 

395.03 Licensure.— After December 31, 1947, 
no person or governmental unit acting severally 
or jointly with any other person or governmental 
unit shall establish, conduct or maintain a hos- 
pital in this state without a license under this 
law. 

History.— S3, ch. 24091, 1947. 



395.08 Effective date of regulations. 

395.09 Inspections and consultations. 

395.10 Advisory hospital council. 

395.11 Functions of advisory hospital council. 

395.12 Information confidential. 

395.13 Annual report of licensing agency. 

395.14 Judicial review. 

395.15 Penalties. 

395.16 Injunction. 

395.04 Application for license; disposition of 
fees; expenses. — 

(1) An application for a license shall be 
made to the licensing agency upon forms pro- 
vided by it and shall contain such information 
as the licensing agency reasonably requires, 
which may include affirmative evidence of 
ability to comply with such reasonable stand- 
ards, rules and regulations as are lawfully 
prescribed hereunder. Each application for 
license shall be accompanied by a license fee 
of fifteen dollars, payable to the state board of 
health, to be deposited with the state treasurer 
into the general revenue fund. 

(2) The expenses of the state board of 
health and the advisory hospital council in- 
curred in carrying out the provisions of this 
chapter shall be paid from moneys appropriated 
for that purpose. The state board of health 
shall include a sufficient amount in its legisla- 
tive budget request to properly carry out the 
provisions of this chapter. 

History.— §4, ch. 24091, 1947; §1, ch. 61-33. 

395.05 Issuance and renewal of license. — 

Upon receipt of an application for license and 
the license fee, the licensing agency shall issue 
a license if the applicant and hospital facilities 
meet the requirements established under this 
law. A license, unless sooner suspended or re- 
voked, shall be renewable annually upon pay- 
ment of a fee of ten dollars, payable and expend- 
able as set out in §395.04, and upon filing by the 
licensee, and approval by the licensing agency, 
of an annual report upon such uniform dates and 
containing such information in such form as the 
licensing agency prescribes by regulations. Each 
license shall be issued only for the premises and 
persons or governmental units named in the ap- 
plication and shall not be transferable or as- 
signable except with the written approval of the 
licensing agency. Licenses shall be posted in a 
conspicuous place on the licensed premises. 

History.— §5, ch. 24091, 1947. 

395.06 Denial or revocation of license; hear- 
ings and review. — The licensing agency after 
notice and opportunity for hearing to the appli- 
cant or licensee is authorized to deny, suspend 
or revoke a license in any case in which it finds 
that there has been a substantial failure to com- 
ply with the requirements established under 
this law. 

Such notice shall be effected by registered 
mail, or by personal service setting forth the 
particular reasons for the proposed action and 



Ch. 395 



HOSPITAL LICENSING AND REGULATION 



Ch. 395 



fixing a date not less than thirty days from the 
date of such mailing or service, at which the 
applicant or licensee shall be given an oppor- 
tunity for a prompt and fair hearing. On the 
basis of any such hearing, or upon default of the 
applicant or licensee the licensing agency shall 
make a determination specifying its findings of 
fact and conclusions of law. A copy of such de- 
termination shall be sent by registered mail or 
served personally upon the applicant or licensee. 
The decision revoking, suspending or denying 
the license or application shall become final 
thirty days after it is so mailed or served, unless 
the applicant or licensee, within such thirty day 
period, appeals the decision to the court, pursu- 
ant to §395.14. 

The procedure governing hearings author- 
ized by this section shall be in accordance with 
rules promulgated by the licensing agency with 
the advice of the advisory hospital council. A 
full and complete record shall be kept of all pro- 
ceedings, and all testimony shall be reported 
but need not be transcribed unless the decision 
is appealed pursuant to §395.14. A copy or 
copies of the transcript may be obtained by 
any interested party on payment of the cost of 
preparing such copy or copies. Witnesses may 
be subpoenaed by either part. 

History.— 16, ch. 24091, 1947. 

395.07 Rules, regulations, and enforce- 
ment. — The licensing agency with the advice of 
the advisory hospital council, shall adopt, amend, 
promulgate and enforce such rules, regulations 
and standards with respect to all hospitals or 
different types of hospitals to be licensed here- 
under as may be designed to further the accom- 
plishment of the purposes of this law in promot- 
ing safe and adequate treatment of individuals 
in hospitals in the interest of public health, safe- 
ty and welfare. However, it is understood that 
no rule, regulation or standard shall be promul- 
gated hereunder by the licensing agency, with 
the advice of the advisory hospital council, 
which would have the effect of denying a license 
to a hospital or other institution required to be 
licensed hereunder, solely by reason of the 
school or system of practice employed or per- 
mitted to be employed by physicians therein; 
provided, that such school or system of practice 
is recognized by the laws of this state ; and pro- 
vided, further, that nothing in the preceding 
part of this sentence shall be construed to limit 
the powers of the licensing agency, with the ad- 
vice of the advisory hospital council, to provide 
and require minimum standards for the main- 
tenance and operation of those hospitals and the 
treatment of patients in those hospitals which 
receive federal aid, to meet minimum standards 
related to such matters in said hospitals which 
may now or hereafter be required by appropri- 
ate federal officers or agencies in pursuance of 
federal law or promulgated in pursuance of fed- 
eral law. 

History.— 57, ch. 24091, 1947. 

395.08 Effective date of regulations. — Any 

hospital which is in operation at the time of pro- 
mulgation of any applicable rules or regulations 



or minimum standards under this chapter shall 
be given a reasonable time, under the particular 
circumstances not to exceed one year from the 
date of such promulgation, within which to com- 
ply with such rules and regulations and mini- 
mum standards. 

History.— §8. ch. 24091, 1947. 

395.09 Inspections and consultations. — The 

licensing agency shall make or cause to be made 
such inspections and investigations as it deems 
necessary. The licensing agency may prescribe 
by regulations that any licensee or applicant 
desiring to make specified types of alterations 
or addition to its facilities or to construct new 
facilities shall before commencing such altera- 
tion, addition or new construction, submit plans 
and specifications therefor to the licensing 
agency for preliminary inspection and approval 
or recommendation with respect to compliance 
with the regulations and standards herein 
authorized. Necessary conferences and consul- 
tations may be provided. 

History.— §9, ch. 24091, 1947. 

395.10 Advisory hospital council. — The gov- 
ernor shall appoint an advisory hospital council 
to advise and consult with the licensing agency 
in carrying out the administration of this chap- 
ter. The council shall consist of the state health 
officer who shall serve as chairman ex-officio, 
and six members and shall include representa- 
tives of nongovernmental organizations or 
groups, and of state agencies, concerned with 
the operation, construction and utilization of 
hospitals, including representatives of the con- 
sumers of hospital services. Each member shall 
hold office for a term of four years, except that 
any member appointed to fill a vacancy occur- 
ring prior to the expiration of the term for which 
his predecessor was appointed shall be ap- 
pointed for the remainder of such term and the 
terms of office of the members first taking office 
shall expire, as designated at the time of ap- 
pointment, one at the end of the first year, one 
at the end of the second year, two at the end of 
the third year, and two at the end of the fourth 
year after the date of appointment. Council 
members while serving on the business of the 
council shall be reimbursed for traveling ex- 
penses as provided in §112.061. The council 
shall meet as frequently as the chairman deems 
necessary, but not less than once each year. Upon 
request by three or more members, it shall be the 
duty of the chairman to call a meeting of the 
council. 

History.— 510, ch. 24091, 1947; §19, ch. 63-400. 

395.11 Functions of advisory hospital coun- 
cil. — The advisory hospital council shall have 
the following responsibilities and duties: 

(1) To consult and advise with the licensing 
agency in matters of policy affecting adminis- 
tration of this chapter, and in the development 
of rules, regulations and standards provided 
for hereunder. 

(2) To review and make recommendations 
with respect to rules, regulations and standards 



Ch. 395 



HOSPITAL LICENSING AND REGULATION 



Ch. 395 



authorized hereunder prior to their promulga- 
tion by the licensing agency as specified herein. 

History.— 511, ch. 24091. 1947. 

395.12 Information confidential. — Informa- 
tion received by the licensing agency through 
filed reports, inspection, or as otherwise author- 
ized under this law, shall not be disclosed pub- 
licly in such manner as to identify individuals 
or hospitals, except in a proceeding involving 
the question of licensure. 

History.— 512, ch. 24091, 1947. 

395.13 Annual report of licensing agency. — 

The licensing agency shall prepare and publish 
an annual report of its activities and operations 
under this law. 

History.— §13, ch. 24091, 1947. 

395.14 Judicial review. — Any applicant for 
license or the state acting through the attorney 
general, aggrieved by the decision of the li- 
censing agency after a hearing, may file a pe- 
tition for the issuance of a writ of certiorari 
in the circuit court of the county in which 
the hospital is located or to be located and 
serve a copy thereof upon the licensing agency. 
Thereupon the licensing agency shall prompt- 
ly certify and file with the court a copy of the 
record and decision, including the transcript of 
the hearings on which the decision is based. 
The proceeding for certiorari shall be had in 



the manner and within the time provided by 
the Florida appellate rules. Pending final dispo- 
sition of the matter the status quo of the ap- 
plicant or licensee shall be preserved, except 
as the court otherwise orders in the public in- 
terest. 

History.— §14, ch. 24091, 1947; §11, ch. 25035, 1949; 836. Ch 
63-512. 

395.15 Penalties. — Any person establishing, 
conducting, managing, or operating any hospi- 
tal without a license under this law shall be 
guilty of a misdemeanor, and upon conviction 
shall be fined not more than one hundred dollars 
for the first offense and not more than five hun- 
dred dollars for each subsequent offense, and 
each day of a continuing violation after convic- 
tion shall be considered a separate offense. 

HLtory.— »6, ch. 24091, 1947. 

395.16 Injunction. — Notwithstanding the ex- 
istence or pursuit of any other remedy, the li- 
censing agency, may in the manner provided by 
law upon the advice of the attorney general who 
shall represent the licensing agency in the pro- 
ceedings maintain an action in the name of the 
state for injunction or other process against any 
person or governmental unit to restrain or pre- 
vent the establishment, conduct, management 
or operation of a hospital without a license un- 
der this law. 

History.— §16, ch. 24091, 1947. 



Ch. 396 



REHABILITATION OF ALCOHOLICS 



Ch. 396 



CHAPTER 396 
REHABILITATION OF ALCOHOLICS 



396.011 Definitions. 

396.021 Duties of board. 

396.031 Rehabilitation center; construction, 

location. 

396.041 Same; operation, designation. 

396.051 Same; fees for care. 

396.061 Admissions to center; qualifications. 

396.011 Definitions. — As used in this chap- 
ter: 

(1) "Board" means the board of commis- 
sioners of state institutions. 

(2) "Rehabilitation center" means the Flor- 
ida rehabilitation center for alcoholics. 

History.— Comp. |1, ch. 28134, 1953. 

396.021 Duties of board.— 

(1) It shall be the duty of the board to 
formulate and effect a plan for the prevention, 
care, treatment and rehabilitation of alcoholics. 

(2) In formulating and effecting the plan 
defined in subsection (1), the board shall: 

(a) Furnish such aid to alcoholics in any 
manner which, in its judgment will afford the 
greatest benefit to said alcoholics, and shall 
have the power in this connection to make suit- 
able arrangements with hospitals, or clinics 
which, in its discretion shall be deemed ad- 
visable to afford proper treatment, care or re- 
habilitation of alcoholics. 

(b) Set up and operate out-patient clinics 
in the various geographic areas of the state 
and cooperate with and assist similar clinics 
operated by other nonprofit agencies. 

(c) Carry on an educational program on 
alcoholism for the benefit of the general public, 
chronic alcoholics or professional persons who 
care for or may be engaged in the care and 
treatment of alcoholics. 

(d) Cooperate with properly qualified pri- 
vate doctors of medicine in making arrange- 
ments for the treatment and care of indigent 
alcoholics, and may arrange for payment for 
hospital care on a cost basis for such indigent 
alcoholics. 

(3) The board shall employ an administra- 
tor to assist it in carrying out the purposes of 
this chapter. Such administrator shall post 
such bond, perform such duties and draw such 
compensation as shall be prescribed by the 
board. 

(4) The board shall employ such other per- 
sons as may be necessary to carry out the pro- 
visions of this chapter and prescribe their 
duties and compensation. 

History.— Comp. §2, eh. 28131, 1933. 

396.031 Rehabilitation center; construction, 
location. — 

(1) The board shall forthwith construct 
and equip a rehabilitation center for alcoholism 
on lands owned in fee simple by the state and 
unencumbered, situate in Highlands county, de- 
scribed as: 



396.071 Rules and regulations. 

396.081 Authority to accept gifts. 

396.091 To cooperate with federal government. 

396.101 Advisory council; membership, term, 

organization. 

396.111 Same; duties. 

396.121 Appropriation. 

Lots two and three, block one; the north two 
hundred feet of lots three and four, block five 
together with lots one and two of the said 
block five; all of blocks two, three, six, seven, 
ten and eleven all in section thirty-four, town- 
ship thirty-three south, range twenty-eight 
east as per the recorded map of the Avon park 
township, together with approximately one 
hundred acres of land lying east of and con- 
tiguous to the hereinbefore specifically de- 
scribed lands, and lying and being between 
public road known as the Sebring highway and 
the right-of-way of the Seaboard airline rail- 
way, as now located and established. 

(2) The board is empowered to spend six 
thousand five hundred dollars to be used with- 
in the next year to purchase with the moneys 
deposited with the state treasurer and credited 
to the account of the Florida alcoholic rehabili- 
tation fund five acres of land located adjacent 
to the present site of the rehabilitation center, 
and take a deed thereto in the name of the 
state. If additional money is required such sums 
must come from private interests. 

(3) The board of commissioners of state 
institutions shall forthwith construct and equip 
an addition to the present facilities located at 
the rehabilitation center, Avon Park. The ad- 
dition shall provide facilities for a minimum 
of twenty-five additional beds and necessary 
equipment. 

The board shall expend not more than one 
hundred twenty-five thousand dollars, and the 
sum of one hundred twenty-five thousand dol- 
lars is appropriated out of the Florida alcoholic 
rehabilitation trust fund for the payment of 
said addition and equipment. 

History.— §3, ch. 28134, 1953; §1, ch. 29811, 1055; (3) n. §1, 
Ch. 63-563. 

396.041 Same; operation, designation. — Im- 
mediately upon completion of said rehabilita- 
tion center provided in §396.031, the board shall 
staff, maintain and operate said rehabilitation 
center which shall be known as the "Florida 
rehabilitation center for alcoholism." 

History.— Comp. §4, ch. 28134, 1953. 

396.051 Same; fees for care. — The board 

shall prescribe reasonable fees to be charged 
for treatment and care in said rehabilitation 
center except as to indigent persons, in which 
case, the board shall receive such indigents un- 
der rules and regulations as the board shall 
promulgate. 

History.— Comp. §5, ch. 28134, 1953. 

396.061 Admissions to center; qualifications. 



Ch. 396 



REHABILITATION OF ALCOHOLICS 



Ch. 396 



— No person shall be received for treatment 
and care in said rehabilitation center who has 
not been a bona fide resident of the state 
continuously for one year immediately pre- 
ceding admission thereto. All such admissions 
shall be on a voluntary basis upon payment 
of such fees for services as shall be set by the 
board as provided in §396.051. 

History.— Comp. §8, ch. 28134, 1953. 

396.071 Rules and regulations. — The board 

shall, with the advice of the advisory council, 
promulgate, adopt, amend and enforce such 
rules and regulations as may be deemed neces- 
sary to carry out the purposes of this chapter. 

History. — Comp. {7. Ch. 28134, 19S3. 

cf. — §396.101 Advisory council. 

396.081 Authority to accept gifts. — The 
board is hereby authorized to accept, receive, 
administer and expend any money, material or 
other gifts or grants of any description. 

History. — Comp. {8, ch. 28134, 19S3. 

396.091 To cooperate with federal govern- 
ment. — The board is hereby authorized and di- 
rected to cooperate with the federal govern- 
ment or any of its agencies in the establish- 
ment, maintenance, operation and control of the 
said Florida rehabilitation center for alcohol- 
ism. This section shall be liberally construed 
as authorizing the said board to cooperate with 
the federal government, or any of its agencies, 
to the fullest possible extent of any federal 
law, rule or regulation, except where such co- 
operation is prohibited by organic law. 

History. — Comp. |9, ch. 28134, 19S3. 

396.101 Advisory council; membership, 
term, organization. — The governor shall appoint 
an advisory council to advise and consult with 
the board in carrying out the administration 
of this chapter. The council shall consist of 
one doctor of medicine, one person experienced 
in hospital administration and three other 
members who shall be representatives of non- 
governmental organizations or groups con- 
cerned with the prevention • treatment, care 
and rehabilitation of alcoholics. As soon as 
practical after the appointment of the council 
members, the members thereof shall meet and 
select from among their number a chairman. 
Each member shall hold office for a term of 
four years, except that any member appointed 
to fill a vacancy occurring prior to the expir- 
ation of the term for which his predecessor was 
appointed shall be appointed for the remainder 
of such term and the terms of office of the 
members first taking office shall expire, as 
designated at the time of appointment, one at 
the end of the first year, one at the end of the 
second year, one at the end of the third year, 
and two at the end of the fourth year after the 
date of appointment. Council members while 



serving on the business of the council shall be 
reimbursed for traveling expenses as provided 
in §112.061. The council shall meet as frequent- 
ly as the chairman deems necessary, but not 
less than once each year. Upon request by three 
or more members, it shall be the duty of the 
chairman to call a meeting of the council. 

History.— §10, ch. 28134, 1953; 819, ch. 63-400. 
cf. — §112.061 Travel expenses of state officers and employees. 

396.111 Same; duties. — The advisory coun- 
cil shall have the following responsibilities and 
duties : 

(1) To consult and advise with the board in 
matters of policy affecting the administration 
of this chapter, and in the development of rules 
and regulations provided for hereunder. 

(2) To review and make recommendations 
with respect to rules and regulations authorized 
hereunder prior to their promulgation by the 
board. 

History.— Comp. §11, ch. 28134, 1SS3. 

396.121 Appropriation. — 

(1) There is hereby appropriated until June 
30, 1965, out of the additional tax on alcoholic 
beverages as imposed by §561.461 twenty per 
cent of said additional tax imposed by and 
collected under said section from July 1, 1963, 
which money shall be paid into the state treas- 
ury to be credited to the account of Florida 
alcoholic rehabilitation trust fund and trans- 
fers of moneys to such fund shall be made by 
the state treasurer from time to time as collec- 
tions of such tax are made; which said fund 
shall be expended by the board only for the pur- 
poses contemplated in this chapter. Authority 
is hereby granted to make expenditures from 
said fund for grants to governmental units for 
the development of educational and treatment 
services for alcoholism in the state. 

(2) Expenditures authorized for the pur- 
poses set forth in subsection (1) shall be sub- 
ject to the following conditions: 

(a) The policies and procedures governing 
all such grants and all requests for grants must 
receive the approval of the advisory council, 
the budget commission, and the board of com- 
missioners of state institutions. 

(b) Grants will not be made to extend be- 
yond the biennial budget period in which they 
are authorized. 

(3) The state treasurer shall transfer any 
and all funds in the state treasury to the credit 
of the account of Florida state hospital for 
alcoholism fund to the Florida alcoholic re- 
habilitation trust fund created by subsection 
(1), and all such funds so transferred shall 
be expended as provided in said subsection (1). 

History.— §12, ch. 28134, 1953; nib 5(1) am. |2, ch. 29811, 1955 

Am. (1) by §1, ch. 57-211; (1) by §1, ch. 59-324; (1), (3) a. by 

§2, ch. 61-119; §1, ch. 61-205; §1, ch. 63-325. 

cf. — §561.461 Additional tax on certain beverages. 



Ch. 398 



UNIFORM NARCOTIC DRUG LAW 



Ch. 398 



CHAPTER 398 
UNIFORM NARCOTIC DRUG LAW 



398.01 Short title. 

398.02 Definitions. 

398.03 Narcotic drugs legal only as provided 

in this chapter. 

398.04 Licenses. 

398.05 Proof necessary to secure license. 

398.06 Applications. 

398.07 Apothecaries. 

398.08 Physicians, dentists, veterinarians and 

persons administering drug in their 
absence. 

398.09 Exceptions. 

398.10 Records. 

398.11 Labels. 

398.12 Containers. 

398.13 Possession and control; exceptions. 

398.14 Places where narcotic drugs are ille- 

gally kept, sold or used, declared 
public nuisance. 

398.01 Short title.— This chapter may be 
cited as the uniform narcotic drug law. 

History.— 126, ch. 16087, 1933; CGL 1936 Supp. 3397(1). 

398.02 Definitions. — The following words 
and phrases, as used in this chapter shall have 
the following meanings, unless the context 
otherwise requires: 

(1) "Physician" means a person authorized 
by law to practice medicine in this state and any 
other person authorized by law to treat sick and 
injured human beings in this state and to use, 
mix or otherwise prepare narcotic drugs in con- 
nection with such treatment, provided such 
person holds a valid federal narcotics tax stamp 
denoting payment of the special tax required 
by the narcotic laws of the United States. 

(2) "Dentist" means a person authorized 
by law to practice dentistry in this state, pro- 
vided such person holds a valid federal nar- 
cotics tax stamp denoting payment of the 
special tax required by the narcotic laws of 
the United States. 

(3) "Veterinarian" means a person author- 
ized by law to practice veterinary medicine in 
this state, provided such person holds a valid 
federal narcotics tax stamp denoting payment 
of the special tax required by the narcotic laws 
of the United States. 

(4) "Manufacturer" means a person who by 
compounding, mixing, cultivating, growing, or 
other process, produces or prepares narcotic 
drugs under the immediate and direct super- 
vision of a duly licensed pharmacist, and who 
holds a valid federal narcotics tax stamp de- 
noting payment of the special tax required by 
the narcotic laws of the United States; but the 
word "manufacturer" does not include an 
apothecary who compounds narcotic drugs to 
be sold or dispensed on prescription. 

(5) "Wholesaler" means a person who sup- 
plies narcotic drugs that he himself has not 
packaged or prepared, on official written orders 
on forms prescribed by the treasury department 
of the United States, but does not supply nar- 



398.15 Forfeitures. 

398.16 Suspension, revocation and reinstate- 

ment of business and professional 
licenses. 

398.17 Inspections. 

398.18 Affidavits as to drug addicts; examina- 

tion; commitment for treatment. 

398.19 Fraud in obtaining narcotic drugs. 

398.20 Proof of exemption in action to enforce 

provisions of this chapter to be upon 
defendant. 

398.21 Enforcement; state police; bond. 

398.22 Punishment for violations. 

398.23 Judgment under United States laws bar 

to prosecution for same acts here- 
under. 

398.24 Narcotic drug law; seizure and for- 

feiture of vehicles, boats and aircraft 
used in violating. 

cotic drugs on prescriptions; and who holds 
a valid narcotics tax stamp denoting payment 
of the special tax required by the narcotic laws 
of the United States. 

(6) "Apothecary" means a licensed pharma- 
cist as defined by the laws of this state, and 
where the context so requires, the owner of a 
store or other place of business where narcotic 
drugs are compounded or dispensed by a li- 
censed pharmacist; and who holds a valid nar- 
cotics tax stamp denoting payment of the spe- 
cial tax required by the narcotic laws of the 
United States, but nothing in this law shall 
be construed as conferring on a person who is 
not registered or licensed as a pharmacist any 
authority, right, or privilege that is not granted 
to him by the pharmacy laws of this state. 

(7) "Hospital" means an institution for the 
care and treatment of the sick and injured, ap- 
proved by the state board of health as proper 
to be intrusted with the custody of narcotic 
drugs and the professional use of narcotic drugs 
under the direction of a physician, dentist, or 
veterinarian, provided said institution holds a 
valid narcotics tax stamp denoting payment 
of the special tax required by the narcotic laws 
of the United States. 

(8) "Laboratory" means a laboratory ap- 
proved by the state board of health, or operated 
by the state board of health, as proper to be 
intrusted with the custody of narcotic drugs and 
the use of narcotic drugs for scientific and medi- 
cal purposes and for the purposes of instruction, 
and to aid narcotic officers, prosecuting attor- 
neys, sheriffs and other peace officers in the en- 
forcement of criminal laws. 

(9) "Sale" includes barter, exchange, or 
gift, or offer therefor, and each such transac- 
tion made by any person, whether as principal, 
proprietor, agent, servant, or employee. 

(10) "Coca leaves" includes cocaine and any 
compound, manufacture, salt, derivative, mix- 
ture, or preparation of coca leaves, except de- 
rivatives of coca leaves which do not contain 
cocaine, ecgonine, or substances from which 



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Ch. 398 



cocaine or ecgonine may be synthesized or made. 

(11) "Opium" includes morphine, codeine, 
and heroin, and any compound, manufacture, 
salt, derivative, mixture, or preparation of 
opium including apomorphine or any of its salts. 

(12) "Cannabis" includes all parts of the 
plant cannabis sativa whether growing or not; 
the seeds thereof; the resin extracted from any 
part of such plant ; and every compound, manu- 
facture, salt, derivative, mixture, or prepara- 
tion of such plant, its seeds, or resin ; but shall 
not include the mature stalks of such plant, 
fiber produced from such stalks, oil or cake made 
from the seeds of such plant, any other com- 
pound manufacture, salt, derivative, mixture, or 
preparation of such mature stalks (except the 
resin extracted therefrom) , fiber, oil, or cake, or 
the sterilized seed of such plant which is incap- 
able of germination. 

(12A) "Isonipecaine" means the substance 
identified chemically as "ethyl l-methyl-4- 
phenylpiperidine-4-carboxylate hydrochloride" 
or any salt thereof by whatever trade name 
identified including the trade names demerol, 
demerol hydrochloride, meperidine, dolanthin, 
pethidine, dolosal, dolantal, endolat, dispadal, 
and dolvanol. 

(13) (a) "Narcotic drugs" shall mean coca 
leaves, opium, isonipecaine, cannabis and every 
substance neither chemically nor physically dis- 
tinguishable from them, and any and all deriva- 
tives of same, and any other drug to which the 
narcotics laws of the United States now apply. 

(b) Upon the publication by the state board 
of health that it has, after reasonable notice 
and opportunity for hearing, determined that 
any other drug has an addiction-forming or 
addiction-sustaining quality similar to that of 
any narcotic drug as defined in paragraph (a) 
hereof, such determination by the board shall 
be prima facie evidence that such drug has 
the qualities so found. 

(14) "Official written order" means an order 
written on a form provided for that purpose 
by the United States commissioner of nar- 
cotics, under any laws of the United States 
making provisions therefor, if such order forms 
are authorized and required by federal law, 
and if no order form is provided, then on an 
official form provided for that purpose by the 
state board of health. 

(15) "Special written order" means a writ- 
ten order accompanied by a certificate of ex- 
emption, as required by the federal narcotics 
laws, to a person in the employ of the United 
States government or of any state, territorial, 
district, county, municipal, or insular govern- 
ment, purchasing, receiving, possessing, or dis- 
pensing narcotic drugs by reason of his official 
duties. 

(16) "Prescription" means a written or 
oral order for a narcotic drug for the use of a 
particular person or a particular animal given 
by a practitioner in accordance with the regu- 
lations promulgated by the United States com- 



missioner of narcotics pursuant to the narcotic 
laws of the United States. 

History.— 51, ch. 16087, 1933; CGL 1936 Supp. 8397(2); 
51, ch. 20459, 1941; am. 87, ch. 22858, 1945; am. 51, ch. 
33823, 1947; sub 5(13) am. fl, ch. 28233, 1953; sub 5 (13 A) am. 
II, sub. §5(14), (15) comp. 82, ch. 29885, 1955; (l)-(7) by II, 
(16) n. by §2, ch. 57-188; (5) a. by §1, ch. 61-52. 
cf. — 81.01 for general definitions. 

Ch. 500, Foods, drugs and cosmetics. 

398.03 Narcotic drugs legal only as provid- 
ed in this chapter. — It is unlawful for any per- 
son to manufacture, possess, have under his 
control, sell, prescribe, administer, dispense, or 
compound any narcotic drug, except as author- 
ized in this chapter. 

History.— 82, ch. 16087, 1933; CGL. 1936 Supp. 3397(8). 

398.04 Licenses. — No person shall manu- 
facture, compound, mix, cultivate, grow, or by 
any other process, produce or prepare narcotic 
drugs, and no person shall dispense, nor shall 
any person as a wholesaler supply the same 
without first having obtained a license so to 
do from the state board of health. Provided, 
that the provisions of this section shall not 
apply to the dispensing, administration, giving 
away, mixing or otherwise preparing any of the 
drugs mentioned in this chapter by a registered 
physician, dentist or veterinarian in the course 
of his professional practice, where such drugs 
are dispensed, administered, given away, mixed 
or otherwise prepared for legitimate medical 
purposes. 

History.— 83, ch. 16087, 1933; CGL, 1936 Supp. 8397(4). 
am. 82, Ch. 28233, 1953. 

398.05 Proof necessary to secure license. — 

No license shall be issued under §398.04 unless 
and until the applicant therefor has furnished 
proof satisfactory to the state board of health 
that: 

(1) The applicant is of good moral charac- 
ter or, if the applicant be an association or cor- 
poration, that the managing officers are of good 
moral character ; 

(2) The applicant is equipped as to land, 
buildings, and paraphernalia properly to carry 
on the business described in his application ; 

(3) The applicant is not a narcotic drug ad- 
dict and has not been convicted of a violation of 
any law of the United States, or of any state, 
relating to opium, coca leaves, or other nar- 
cotic leaves, or other narcotic drugs; provided 
however that where such conviction was a first 
conviction, such license may be granted after 
a period of one year from the date of the 
conviction, and provided further, that if such 
conviction was a second conviction, such li- 
cense may be granted after a period of three 
years from the date of such conviction. No li- 
cense shall be issued to any applicant who shall 
have been so convicted three or more times. 

(4) The state board of health may suspend 
or revoke any license for cause. 

History.— 54, ch. 16087, 1988; CGL 1986 Supp. 8397(5); 
am. |7, ch. 22858, 1945; (3) by {3, ch. 57-188; (3) by jl, ch. 

398.06 Applications.— 

(1) A duly licensed manufacturer or whole- 
saler may sell and dispense narcotic drugs to 



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Ch. 398 



any of the following persons, but only on official 
written orders: 

(a) To a manufacturer, wholesaler, or a- 
pothecary; 

(b) To a physician, dentist, or veterinarian; 

(c) To a person in charge of a hospital, but 
only for use by or in that hospital. 

(d) To a person in charge of a laboratory 
but only for use in that laboratory for scientific 
and medical purposes. 

(2) A duly licensed manufacturer or whole- 
saler may sell narcotic drugs to any of the 
following persons: 

(a) On a special written order accompanied 
by a certificate of exemption, as required by 
the Federal narcotic laws, to a person in the 
employ of the United States Government or of 
any state, territorial, district, county, munici- 
pal, or insular government, purchasing, receiv- 
ing, possessing, or dispensing narcotic drugs by 
reason of his official duties. 

(b) To a master of a ship or a person in 
charge of any aircraft upon which no physician 
is regularly employed, for the actual medical 
needs of persons on board such ships or aircraft, 
then not in port; provided, such narcotic drugs 
shall be sold to the master of such ship or per- 
son in charge of such aircraft only in pursuance 
of a special order form approved by a commis- 
sioned medical officer or acting assistant sur- 
geon of the United States public health service. 

(c) To a person in a foreign country if the 
provisions of the federal narcotic laws are com- 
plied with. 

(3) An official written order for any narcotic 
drug shall be signed in triplicate by the person 
giving such order or by his duly authorized 
agent. The original and one copy shall be pre- 
sented to the person who sells or dispenses the 
narcotic drug or drugs named therein. In event 
of the acceptance of such order by said person, 
each party to the transaction shall preserve his 
copy of such order for a period of two years 
in such a way as to be readily accessible for 
inspection by any public officer or employee 
engaged in the enforcement of this chapter. 
It shall be deemed a compliance with this sub- 
section if the parties to the transaction have 
complied with the federal laws, respecting the 
requirements governing the use of order forms. 

(4) Possession of or control of narcotic 
drugs obtained as authorized by this section 
shall be lawful if in the regular course of bus- 
iness, occupation, profession, employment, or 
duty of the possessor. 

(5) A person in charge of a hospital or of 
a laboratory, or in the employ of this state or 
of any other state, or of any political subdi- 
vision thereof, and a master or other proper 
officer of a ship or aircraft, who obtains nar- 
cotic drugs under the provisions of this section 
or otherwise, shall not administer, nor dis- 
pense, nor otherwise use such drugs, within 
this state, except within the scope of his em- 
ployment or official duty, and then only for 
scientific or medicinal purposes and subject 
to the provisions of this chapter. 

History.— §5, ch. X6087, 1933; CGL 1936 Supp. 3397(6); (3) by 
§4, ch. 57-188. 



398.07 Apothecaries. — 

(1) An apothecary, in good faith, may sell 
and dispense narcotic drugs to any person 
upon a written or oral prescription of a physi- 
cian, dentist, or veterinarian under the follow- 
ing conditions: 

(a) Such a written prescription must be 
dated and signed by the person prescribing 
on the day when issued and bear the full 
name and address of the patient for whom, 
or of the owner of the animal for which, 
the drug is dispensed, and the full name, ad- 
dress and registry number under the federal 
narcotic laws, of the person prescribing, if 
he is required by those laws to be so registered. 

(b) Such an oral prescription may be made 
only in pursuance to regulations promulgated 
by the United States commissioner of nar- 
cotics under federal narcotic laws, and must 
be promptly reduced to writing by the apothe- 
cary. In issuing an oral prescription, the pre- 
scriber shall furnish the dealer with the same 
information as is required by law or regu- 
lation in case of a written prescription for 
narcotic drugs or compounds of a narcotic 
drug except for the written signature of the 
prescriber, and the apothecary who fills such 
prescription shall be required to inscribe such 
information on the written record of the pre- 
scription made, filed, and preserved by him, 
and shall inscribe on the label of the con- 
tainer of the narcotic drug or compound of 
a narcotic drug the same information as is 
required in filling a written prescription. 

(c) The following requirements are appli- 
cable to both written and oral prescriptions: 

1. If the prescription be for an animal, it 
shall state the species of animal for which 
the drug is prescribed. 

2. The person filling the prescription shall 
write the date of filling and his own signa- 
ture on the face of the prescription. 

3. The prescription shall be retained on 
file by the proprietor of the pharmacy in 
which it is filled for a period of two years, 
so as to be readily accessible for inspection 
by any public officer or employee engaged in 
the enforcement of this chapter. 

4. The prescription shall not be refilled. 

(2) The legal owner of any stock of nar- 
cotic drugs in a pharmacy upon discontinuance 
of dealing in said drugs may sell said stock 
to a manufacturer, wholesaler, or apothecary, 
but only on an official written order. 

(3) An apothecary, only upon an official 
written order, may sell to a physician, dentist, 
or veterinarian, in quantities not exceeding one 
ounce at any one time, aqueous or oleaginous 
solutions of which the content of narcotic 
drugs does not exceed a proportion greater 
than twenty percent of the completed solu- 
tion, to be used for medical purposes. 

History.— 86, ch. 16087, 1933; CGL, 1936 Supp. 8397(7); 
§7, ch. 22858, 1945; sub 8(1) am. §3, ch. 29885, 1956. 

398.08 Physicians, dentists, veterinarians 
and persons administering drug in their ab- 
sence. — (1) A physician or a dentist, in good 



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UNIFORM NARCOTIC DRUG LAW 



Ch. 398 



faith and in the course of his professional 
practice only, may prescribe, administer, dis- 
pense, mix or otherwise prepare narcotic drugs, 
or he may cause the same to be administered 
by a nurse or interne under his direction and 
supervision. 

(2) A veterinarian, in good faith and in 
the course of his professional practice only, 
and not for use by human being, may pre- 
scribe, administer, dispense, mix, or otherwise 
prepare narcotic drugs, and he may cause them 
to be administered by an assistant or orderly 
under his direction and supervision. 

(3) Any person who has obtained from a 
physician, dentist, or veterinarian any nar- 
cotic drug for administration to a patient dur- 
ing the absence of such physician, dentist, or 
veterinarian, shall return to such physician, 
dentist, or veterinarian any unused portion of 
such drug, when it is no longer required by the 
patient. 

History.— §7, ch. 16087, 1933; CQL 1936 Supp. 3397(8). 

398.09 Exceptions. — Except as otherwise in 
this chapter specifically provided, this chap- 
ter shall not apply to the following cases: 

(1) Prescribing, administering, dispensing 
or selling at retail of any medicinal prepara- 
tion, 

(a) Those commonly known as class X pre- 
parations that contain in one fluid ounce, or if 
a solid or semi-solid, in one avoirdupois ounce, 

1. Not more than one grain codeine, 

2. Not more than one-half grain dihydro- 
codeine, 

3. Not more than one-quarter grain ethyl 
morphine, 

4. Not more than one-quarter grain mor- 
phine, 

5. Not more than two grains opium, 

6. Pharmaceutical preparations in solid 
form containing not more than 2.5 milligrams 
diphenoxylate and not less than 25 micrograms 
atropine sulfate per dosage unit, 

7. And not more than one of the drugs 
named above in subparagraphs 1.-5., and 6, 

(b) Those commonly known as class M 
preparations, which contain noscepine (narcot- 
ine), papaverine, narceine or cotarnine or any 
of their salts, without limit as to quantity, 
combined with active or inactive non-narcotic 
ingredients of the type used in medicinal pre- 
parations. 

(2) Prescribing, administering, dispensing, 
or selling at retail of liniments, ointments, and 
other preparations, that are susceptible of ex- 
ternal use only and that contain narcotic drugs 
in such combinations as prevent their being 
readily extracted from such liniments, oint- 
ments, or preparations, except that this chap- 
ter shall apply to all liniments, ointments, and 
other preparations, that contain coca leaves in 
any quantity or combination. 

(3) The exemptions authorized by this sec- 
tion shall be subject to the following condi- 
tions : 

(a) No person shall prescribe, administer, 
dispense, or sell under the exemptions of this 
section, to any one person, or for the use 



of any one person or animal, and no person 
shall purchase or possess, any preparation or 
preparations included within this section, when 
he knows, or can by reasonable diligence as- 
certain that such prescribing, administering, 
dispensing, selling, purchasing, or possessing, 
will provide the person to whom or for whose 
use, or the owner of the animal for the use 
of which such preparation is prescribed, ad- 
ministered, dispensed, sold, purchased, or pos- 
sessed, within forty-eight consecutive hours, 
with more than, two grains codeine, one grain 
dihydrocodeine, one-half grain ethyl morphine, 
one-half grain morphine, four grains opium, or 
will provide such person or the owner of such 
animal within forty-eight consecutive hours, 
with more than one preparation; provided, 
however, that the foregoing limitations shall 
not apply to physicians acting in good faith in 
the course of their professional practice, in 
prescribing for patients afflicted with disease, 
whose suffering can only be alleviated by ad- 
ministration of narcotic drugs in greater quan- 
tities than those specified herein. 

(b) The medicinal preparation, or the lini- 
ment, ointment, or other preparation suscepti- 
ble of external use only, prescribed, adminis- 
tered, dispensed, or sold, shall contain, in ad- 
dition to the narcotic drug in it, some drug or 
drugs conferring upon it medicinal qualities 
other than those possessed by the narcotic 
drug alone. 

(c) Such preparation shall be prescribed, 
administered, dispensed, and sold in good faith 
as a medicine, and not for the purpose of evad- 
ing the provisions of this chapter. 

(4) Nothing in this section shall be con- 
strued to limit the kind and quantity of any 
narcotic drug that may be prescribed, admin- 
istered, dispensed, or sold, to any person or for 
the use of any person or animal, when it is 
prescribed, administered, dispensed, or sold, in 
compliance with the general provisions of this 
chapter. 

History.— 88, ch. 16087, 1933; CGL 1936 Supp. 3397(9). 
Sub. §(3) (a) am. §*, ch. 29885, 1955; (1) by §5, ch. 57-188. 
(1), (3) (a) a. by §1, ch. 61-341. 

398.10 Records. — (1) Every physician, den- 
tist, veterinarian, or other person who is auth- 
orized to administer or professionally use nar- 
cotic drugs, shall keep a record of such drugs 
received by him, and a record of all such drugs 
administered, dispensed, or professionally used 
by him otherwise than by prescription. It 
shall, however, be deemed a sufficient compli- 
ance with this subsection if any such person 
using small quantities of solutions or other 
preparations of such drugs for local applica- 
tion, shall keep a record of the quantity, char- 
acter, and potency of such solutions or other 
preparations purchased or made up by him, 
and of the dates when purchased or made up, 
without keeping a record of the amount of such 
solution or other preparation applied by him 
to individual patients. 

Provided, that no record need be kept of 
narcotic drugs administered, dispensed, or pro- 
fessionally used in the treatment of any one 



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Ch. 398 



patient, when the amount administered, dis- 
pensed, or professionally used for that pur- 
pose does not exceed in any forty-eight con- 
secutive hours: Two grains codeine, one grain 
dihydrocodeine, one-half grain ethyl morphine, 
one-half grain morphine, four grains opium, or 
a quantity of any other narcotic drug or any 
combination of narcotic drugs that does not 
exceed in pharmacologic potency any of the 
drugs named above in the quantity stated. 

(2) Manufacturers and wholesalers shall 
keep records of all narcotic drugs compounded, 
mixed, cultivated, grown, or by any other pro- 
cess produced or prepared, and of all narcotic 
drugs received and disposed of by them, in 
accordance with the provisions of subsection 
five of this section. 

(3) Apothecaries shall keep records of all 
narcotic drugs received and disposed of by 
them, in accordance with the provisions of 
subsection (5) of this section. 

(4) Every person who purchases for resale, 
or who sells narcotic drug preparations ex- 
empted by section (8) of this chapter, shall 
keep a record showing the quantities and kinds 
thereof received and sold, or disposed of other- 
wise, in accordance with the provisions of sub- 
section (5) of this section. 

(5) The official records to be kept in 
the sale and disposal of narcotic drugs shall 
be prescribed by the state board of health. 
The record of narcotic drugs received shall 
in every case show the date of receipt, the 
name and address of the person from whom 
received, and the kind and quantity of drugs 
received; the kind and quantity of narcotic 
drugs produced or removed from process of 
manufacture, and the date of such produc- 
tion or removal from process of manufacture; 
and the record shall in every case show the 
proportion of morphine, cocaine, or ecgonine 
contained in or producible from crude opium 
or coca leaves, and the proportions of resin 
contained in or producible from the dried 
flowering or fruiting tops of the pistillate 
plant cannabis sativa L., from which the resin 
has not been extracted, received or produced. 
The record of all narcotic drugs sold, ad- 
ministered, dispensed, or otherwise disposed 
of, shall show the date of selling, administer- 
ing, or dispensing, the correct name and ad- 
dress of the person to whom, or for whose 
use, or the owner and species of animal for 
which sold, administered or dispensed, and 
the kind and quantity of drugs, such correct 
name and address to be signed by the person 
or owner (in case of an animal) to whom 
narcotic drugs are delivered for the use of 
such person or owner. Every such record 
shall be kept for a period of two years from 
the date of the transaction recorded. The 
keeping of a record required by or under the 
federal narcotic laws, containing substantially 
the same information as is specified above, 
shall constitute compliance with this section, 
except that every such record shall contain 
a detailed list of narcotic drugs lost, de- 



stroyed, or stolen, if any, the kind and quan- 
tity of such drugs, and the date of the dis- 
covering of such loss, destruction, or theft. 

History.— 89, ch. 16087, 1933; CGL. 1936 Supp. 3397(10). 
§7, ch. 22858, 1945; sub §(5) am. $5, ch. 29885, 1955. 
Am. (1) by §6, ch. 57-188; 2nd para, of (1) a. by §2, ch. 61-341. 

398.11 Labels. — (1) Whenever a manufac- 
turer sells or dispenses a narcotic drug, and 
whenever a wholesaler sells and dispenses a 
narcotic drug in a package prepared by him, he 
shall securely affix to each package in which 
that drug is contained a label showing in legi- 
ble English the name and address of the vendor 
and the quantity, kind, and form of narcotic 
drug contained therein. No person except an 
apothecary for the purpose of filling a pre- 
scription under this chapter, shall alter, deface, 
or remove any labels so affixed. 

(2) Whenever an apothecary sells or dis- 
penses any narcotic drug on a prescription is- 
sued by a physician, dentist or veterinarian, 
he shall affix to the container in which such 
drug is sold or dispensed, a label showing his 
own name, address, and registry number, or 
the name, address, and registry number of the 
apothecary for whom he is lawfully acting; the 
name and address of the patient, or, if the 
patient is an animal, the name and address of 
the owner of the animal and the species of the 
animal; the name and address, and registry 
number of the physician, dentist, or veterin- 
arian, by whom the prescription was written; 
and such directions as may be stated on the 
prescription. No person shall alter, deface, or 
remove any label so affixed, so long as any of 
the original contents remains. 

History.— 810, ch. 16087, 1933; CGL, 1936 Supp. 3398(11). 

cf. — §500.06, Embargoing, destroying, etc., of adulterated or 
misbranding articles. 

398.12 Containers.- — A person to whom or 
for whose use any narcotic drug has been pre- 
scribed, sold, or dispensed, by a physician, den- 
tist, apothecary, or other person authorized 
under the provisions of §398.06, and the owner 
of any animal for which any such drug has 
been prescribed, sold, or dispensed, by a vet- 
erinarian, may lawfully possess it only in the 
container in which it was delivered to him by 
the person selling or dispensing the same. 

History.— 811, ch. 16087, 1933; CGL, 1936 Supp. 3397(12). 

398.13 Possession and control; exceptions. — 

The provisions of this chapter restricting the 
possessing and having control of narcotic drugs 
shall not apnlv to common carriers or to ware- 
housemen, while engaged in lawfully transport- 
ing or storing such drugs, or to any employee 
of the same acting within the scope of his em- 
ployment; or to public officers or employees in 
the performance of their official duties requir- 
ing possession or control of narcotic drugs; 
or to temporary incidental possession by em- 
ployees or agents of persons lawfully entitled 
to possession, or by persons whose possession 
is for the purpose of aiding public officers in 
performing their official duties. 

History.— 812. ch. 16087, 1933; CGL, 1936 Supp. 3397(13). 

398.14 Places where narcotic drugs are il- 



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Ch. 398 



legally kept, sold or used, declared public nui- 
sance. — Any store, shop, warehouse, dwelling 
house, building, vehicle, boat, aircraft, or any 
place whatever, which is resorted to by nar- 
cotic drug addicts for the purpose of using 
narcotic drugs or which is used for the illegal 
keeping or selling of the same, shall be deemed 
a public nuisance. No person shall keep or 
maintain such public nuisance. 

History.— §13, ch. 16087, 1933; CGL, 1936 Supp. 3397(14). 

398.15 Forfeitures. — All narcotic drugs the 
lawful possession of which is not established 
or the title to which cannot be ascertained, 
which have come into the custody of a peace 
officer, shall be forfeited, and disposed of as 
follows : 

(1) Except as in this section otherwise 
provided, the court or magistrate having jur- 
isdiction shall order such narcotic drugs for- 
feited and destroyed. A record of the place 
where said drugs were seized, of the kinds 
and quantities of drugs so destroyed, and of 
the time, place, and manner of destruction, 
shall be kept, and a return under oath, report- 
ing said destruction, shall be made to the court 
or magistrate and to the United States commis- 
sioner of narcotics, by the officer who destroys 
them. 

(2) Upon written application by the state 
board of health, the court or magistrate by 
whom the forfeiture of narcotic drugs has been 
decreed may order the delivery of any of them, 
except heroin and its salts and derivatives, to 
said state board of health for distribution or 
destruction, as hereinafter provided. 

(3) Upon application by any hospital with- 
in the state, not operated for private gain, the 
state board of health may in its discretion de- 
liver any narcotic drugs that have come into 
its custody by authority of this section to the 
applicant for medical use. The state board of 
health may from time to time deliver excess 
stocks of such narcotic drugs to the United 
States commissioner of narcotics, or shall de- 
stroy same. 

(4) The state board of health shall keep a 
full and complete record of all drugs received 
and of all drugs disposed of, showing the ex- 
act kinds, quantities, and forms of such drugs; 
the persons from whom received and to whom 
delivered; by whose authority received, de- 
livered, and destroyed; and the dates of the 
receipt, disposal, or destruction, which record 
shall be open to inspection by all federal and 
state officers charged with the enforcement of 
federal and state narcotic laws. 

History.— 514, ch. 16087, 1933; CGL, 1936 Supp. 3397(15). 

398.16 Suspension, revocation and reinstate- 
ment of business and professional licenses. — 

On the conviction of any physician, dentist, 
veterinarian, manufacturer, wholesaler, or 
apothecary of a violation of any of the provi- 
sions of this chapter, in any court of compe- 
tent jurisdiction, the clerk of said court shall 
send a certified copy of the indictment, affi- 
davit, information, and of the plea, verdict 
and sentence to the board or officer, by whom 



the convicted defendant has been licensed to 
practice his or her profession or to carry on 
his or her business. Such board or officer may 
in its or his discretion, suspend or revoke the 
license or registration of the convicted defend- 
ant to practice his or her profession or to carry 
on his or her business. On the application of 
any such convicted defendant whose license or 
registration has been suspended or revoked, 
upon proper showing and for good cause said 
board or officer may reinstate such license or 
registration. Any court of competent juris- 
diction in which such a defendant is convicted 
of a violation of any of the provisions of this 
chapter shall have the power in its discretion 
to suspend or revoke the license or registration 
of the convicted defendant, and may thereafter, 
upon proper showing and for good cause rein- 
state such license or registration; provided, 
that no board or officer shall reinstate any such 
license or registration where the same shall 
have been suspended or revoked by a court of 
competent jurisdiction; and provided further 
that no court shall reinstate any license of 
such a convicted defendant which has been 
revoked by the board or officer by whom the 
convicted defendant was licensed to practice 
his or her profession or to carry on his or her 
business, except upon a proceeding brought 
in a court of competent jurisdiction for the 
purpose of setting aside or restraining such 
suspension or revocation of license. 

History.— 115, ch. 16087, 1933; Jl, ch. 17129, 1935; CGL, 
1936 Supp. 3397(16). 

398.17 Inspections. — Prescriptions, orders, 
and records, required by this chapter, and 
stocks of narcotic drugs, shall be open for in- 
spection only to federal and state officers 
whose duty it is to enforce the laws of this state 
or of the United States relating to narcotic 
drugs. No officer having knowledge by virtue 
of his office of any such prescription, order or 
record shall divulge such knowledge except in 
connection with a prosecution or proceeding in 
court or before a licensing board or officer 
where the person to whom such prescriptions, 
orders or records relate is a party to the prose- 
cution or proceeding. 

History.— §16, ch. 16087, 1933; COL 1936 Supp. 3397 (17). 
Am. §3, ch. 28233, 1953. 

398.18 Affidavits as to drug addicts; exami- 
nation; commitment for treatment. — 

(1) Whenever an affidavit, duly verified by 
any narcotic officer of the bureau of narcotics of 
the state board of health or any other person 
claiming to have knowledge of the fact and set- 
ting forth that any person named or described 
therein habitually uses any narcotic drugs as de- 
fined by the narcotic drug laws of Florida, so as 
to endanger the public morals, health, safety and 
welfare, or who is or has been so addicted to the 
use of narcotic drugs as to have lost the power of 
self control with reference to such addiction, 
shall be filed with the state attorney of any judi- 
cial circuit of any county in which such habitual 
user of narcotic drugs is or may be found, such 
state attorney shall issue a notice requiring the 
person so named or described to appear before 



Ch. 398 



UNIFORM NARCOTIC DRUG LAW 



Ch. 398 



a circuit judge of the judicial circuit of which 
said county is a part, at a time and place speci- 
fied in such notice, and shall cause a copy there- 
of to be served upon the person so named or de- 
scribed by any narcotic officer, or other officer 
duly qualified to serve process in civil and crimi- 
nal cases. Copy of affidavit and notice shall be 
furnished the state board of health. The affi- 
davit, and original notice shall be filed with the 
clerk of the circuit court at or before the time 
specified for such appearance, but the same and 
all other records shall be open for inspection 
only to the person named or described therein 
or his counsel or by narcotic officers. In the 
event it should be made to appear to said circuit 
judge at the time or after filing said affidavit 
with the clerk of the circuit court that the person 
named or described in said affidavit should be 
restrained or taken into custody, said circuit 
judge shall issue an order directing the sheriff 
or other officer authorized to serve process in 
civil or criminal cases in said county to take 
and hold said person without bail until after 
the said hearing or any and all other hearings 
in said cause. 

(2) The hearing on the affidavit and notice 
in said cause shall be held not more than ten 
days from the date of service of notice on the 
person named or described in said affidavit; 
provided, however, that the court, in its discre- 
tion, may postpone such hearing from time to 
time. 

(3) Upon receipt of a copy of the notice of 
hearing in said cause by the state board of 
health, the bureau of narcotics of the state board 
of health shall immediately cause an investiga- 
tion to be made of the matters and things set 
forth in said affidavit by one or more of its nar- 
cotic officers, who shall file with the circuit judge 
before whom said hearing is to be held a report 
of his or their findings before or at the time of 
said hearing. The narcotic officers who make 
such investigation and report shall be present 
at said hearing for examination by the state 
attorney and the person named or described in 
said affidavit, or his attorney. 

(4) At the time and place specified in the 
notice, the judge shall hear and consider the 
evidence presented and the report of the nar- 
cotic officer or officers, and may, if he deems 
necessary, appoint a commission of two physi- 
cians who shall examine such person and certify 
to the court as to whether such person is an 
habitual user of narcotic drugs, as defined by 
§398.02. Upon being satisfied that the allega- 
tions of the affidavit are true, the judge shall 
make and file an order requiring the person so 
named or described to forthwith take and con- 
tinue such treatment for the cure or withdrawal 
of such drug addiction at the hospital of the 
state prison, and shall commit said person to the 
hospital of the state prison until cured or free 
of the habit of using narcotic drugs, and the 
sheriff of the county shall take such person into 
custody and transmit such person to the state 
prison where the terms of such commitment 
and order of court shall be carried out. Such 
treatment shall be designed to rehabilitate 



and restore such person to mental and physical 
health, and all such persons committed for 
treatment shall be classified by the hospital 
of the state prison as "narcotic patients." The 
superintendent of the state prison shall have 
full supervision and authority over such nar- 
cotic patients necessary to carry out the inten- 
tion of this law, including the right to confine 
such narcotic patients. The order of commit- 
ment shall require monthly reports to be made 
to the court and to the state board of health 
by the superintendent of the state prison as to 
the effect and progress of such treatment. The 
superintendent of the state prison, the chief 
physician of the hospital of the state prison, 
together with the director of the bureau of nar- 
cotics of the state board of health, shall make 
such rules and regulations as they deem best 
and necessary for the treatment and discipline 
of narcotic patients. All persons shall be held 
for treatment until discharged by the court 
committing them. It shall be the duty of the 
superintendent of the state prison and the di- 
rector of the bureau of narcotics of the state 
board of health to make a report in writing to 
the court when the mental and physical condi- 
tion of such narcotic patient is such as to en- 
title said narcotic patient to discharge; and 
the court, upon determining that it is to the 
best interest of said narcotic patient, may make 
an order releasing said narcotic patient from 
such commitment, either finally or upon such 
conditions as the court may determine for the 
public interest and the welfare of the narcotic 
patient. 

(5) All narcotic officers, agents and inspec- 
tors shall have authority to administer oaths in 
connection with their official duties, and any 
person making a false statement under oath be- 
fore such officers, agents, inspectors and repre- 
sentatives of the state board of health shall be 
deemed guilty of perjury and subject to the same 
punishment as prescribed for perjury. The bu- 
reau of narcotics of the state board of health 
shall adopt a seal which shall be used on any 
and all papers and documents of an official 
nature. 

(6) It shall be unlawful for any person to 
interfere with any narcotic officer, agent, or in- 
spector in the performance of his official duties. 
And it shall be unlawful for any person to false- 
ly represent himself to be a representative of 
the state bureau of narcotics, or to falsely re- 
present that he is an officer of or authorized to 
enforce the narcotic laws of the state, the 
United States, or any other state, and any 
person so doing shall be punished as provided 
for in §398.22. 

(7) Upon the recommendation of a duly li- 
censed physician or public health official that a 
person habitually uses narcotic drugs as con- 
templated in subsection (1), a circuit judge of 
the county in which such person is then living, 
may commit to the hospital of the Florida state 
prison a person making voluntary application 
for treatment for drug addiction. Such person 
shall be discharged from the hospital of the 



<Jh. 398 



UNIFORM NARCOTIC DRUG LAW 



Ch. 398 



Florida state prison in the manner provided for 
same in subsection (4) hereof. 

(8) Any person who shall fail, refuse, or 
neglect to comply with the terms or conditions 
of any order of court duly issued and served in 
accordance with this section shall be deemed in 
contempt of court and shall be proceeded against 
accordingly. 

History.— §17, ch. 16087, 1933; §2, ch. 17129, 1935; CGL. 
1936 Supp. 3397(18); §2, ch. 23823, 1947; §11, Ch. 25035, 1949; 
sub. §(1), §10, ch. 26484, 1951; am. {4, ch. 28233, 1953. 
cf. — §945.12 Transfer for medical treatment. 

398.19 Fraud in obtaining narcotic drugs. — 

(1) No person shall obtain or attempt to 
obtain a narcotic drug, or obtain or attempt to 
obtain a prescription for a narcotic drug, or 
procure or attempt to procure the administra- 
tion of a narcotic drug, (a) by fraud, deceit, 
misrepresentation, or subterfuge ; or (b) by the 
forgery or alteration of a prescription or of 
any written order; or (c) by the concealment 
of a material fact; or (d) by the use of a false 
name or the giving of a false address. 

(2) No person shall willfully make a false 
statement in any prescription, order, report, or 
record, required by this chapter. 

(3) No person shall, for the purpose of ob- 
taining a narcotic drug, falsely assume the title 
of, or represent himself to be a manufacturer, 
wholesaler, apothecary, physician, dentist, vet- 
erinarian, or other authorized person. 

(4) No person shall make or utter any false 
or forged prescription or written order for any 
narcotic drug. 

(5) No person shall affix any false or forged 
label to a package or receptacle containing nar- 
cotic drugs. 

(6) The provisions of this section shall ap- 
ply to all transactions relating to narcotic 
drugs under the provisions of §398,09, in the 
same way as they apply to transactions under 
all other sections. 

History.— §18, ch. 16087. 1933; CGL, 1936 Supp. 3397(19). 
Am. (1) by §7, ch. 57-188. 

398.20 Proof of exemption in action to en- 
force provisions of this chapter to be upon 
defendant. — In any complaint, information, or 
indictment, and in any action or proceeding 
brought for the enforcement of any provision 
of this chapter, it shall not be necessary to 
negative any exception, excuse, proviso, or ex- 
emption, contained in this chapter and the bur- 
den of proof of any such exception, excuse, pro- 
viso, or exemption, shall be upon the defendant. 

History.— §19, ch. 16087, 1933; CGL, 1936 Supp. 8374(2). 

398.21 Enforcement; state police; bond. — 

The state board of health, its agents, inspec- 
tors, officers and representatives, and all peace 
officers of the state, and all prosecuting attor- 
neys, shall enforce all provisions of this chap- 
ter, except those specifically delegated, and shall 
cooperate with all agencies charged with the 
enforcement of the laws of the United States, 
this state, and all other states relating to nar- 
cotic drugs. All officers, agents, inspectors, 
and representatives of the state board of health 
engaged in the enforcement of the provisions 



of this chapter, shall in addition to their re- 
spective positions be designated as "state po- 
lice" and shall have the same authority as a 
deputy sheriff, to bear arms concealed or other- 
wise, and to make searches, seizures, and to ar- 
rest with or without warrants for any viola- 
tion of the provisions of this chapter, and any 
other laws of the state; provided, however, 
that such officers, agents, inspectors, and rep- 
resentatives, shall first furnish a bond of not 
less than one thousand dollars approved by 
the state board of health, and made payable 
to the governor of this state. 

History.— §20, ch. 16087, 1933; §3, ch. 17129, 1935; CGL, 
1936 Supp. 3397(20). 

398.22 Punishment for violations. — Viola- 
tion of any provision of this chapter shall be a 
felony and the punishment shall be : for a first 
offense, imprisonment in the state prison for 
not less than two years nor more than five 
years, or by a fine of not less than five hundred 
dollars, nor more than five thousand dollars; 
for a second offense, imprisonment in the state 
prison for not less than five years nor more 
than ten years and in addition the person con- 
victed may be fined not more than ten thou- 
sand dollars; for a third or subsequent offense, 
imprisonment in the state prison for not less 
than ten years nor more than twenty years and 
in addition the person convicted may be fined 
not more than twenty thousand dollars. In case 
of conviction for a second or subsequent of- 
fense imposition of sentence shall not be sus- 
pended or deferred, nor shall the person so 
convicted be placed on probation. 

History.— §21, ch. 16087, 1933; §4, ch. 17129, 1935: CGL 
1936 Supp. 7699(1); am. §5, ch. 28233, 1953. 
cf.— §775.06, Alternative punishment. 

398.23 Judgment under United States laws 
bar to prosecution for same acts hereunder. — 

A judgment of conviction or acquittal on the 
merits under the laws of the United States for 
any alleged violation of the narcotics laws 
thereof shall be a bar to any prosecution here- 
under for the same act or acts. 

History.— §22, ch. 16087, 1933; CGL, 1936 Supp. 8364(1). 

398.24 Narcotic drug law; seizure and for- 
feiture of vehicles, boats and aircraft used in 
violating. — 

(1) Any vehicle, boat or aircraft which has 
been or is being used for or in the violation of 
the uniform narcotic drug law of Florida, shall 
be seized and forfeited to the state. Provided, 
however, that the provisions of this section 
shall not apply to common carriers, as de- 
fined by law; and provided, further, that the 
provisions of this section shall not apply to in- 
nocent parties nor destroy any valid lien or re- 
tain title contract on motor vehicles as defined 
by existing registration law and the notation 
of a lien upon the face of the certificate of title 
shall be deemed prima facie valid. 

(2) It shall be the duty of all narcotic offi- 
cers, agents, inspectors and representatives of 
the bureau of narcotics of the state board of 
health and all other duly authorized officers of 
the state to forthwith arrest any and all per- 



Ch. 398 



UNIFORM NARCOTIC DRUG LAW 



Ch. 398 



sons violating the uniform narcotic drug laws 
of the state and to seize any and all vehicles, 
boats and aircraft used, or which have been 
used, for or in the violation of said law. 

(3) Upon the trial and conviction of such 
person for the violation of said uniform nar- 
cotic drug law, it shall be the duty of the judge 
at the time of pronouncing sentence of convic- 
tion, to order and adjudge that any and all 
vehicles, boats and aircraft used for or in the 
violation of the uniform narcotic drug law, for- 
feited to the state and the court shall decree 



all such vehicles, boats and aircraft to be the 
property of the state. All such vehicles, boats 
and aircraft may be used for any public state 
purpose or they may be sold at public outcry 
for cash to the highest and best bidder for 
cash, and any such cash received shall be de- 
posited in the general revenue fund of the state, 
to be used by the state. 

(4) Upon the sale of any motor vehicle the 
state shall issue title certificate to the purchaser, 
subject to any existing valid liens or retain title 
contract. 

History.— $ § 1-3, ch. 22800, 1945; am. §6, ch. 28233, 1953. 



Ch. 399 



ELEVATORS 



Ch. 399 



CHAPTER 399 
ELEVATORS 



399.01 Definitions. 

399.02 General requirements. 

399.03 Design, installation and alterations of 

elevators. 

399.04 Inspectors. 

399.05 Inspection and tests of new, moved or 

altered installations. 

399.06 Registering of existing installations, 

reports of inspectors. 

399.01 Definitions. — When used in this chap- 
ter: 

(1) The term "commission" whenever used 
in this chapter shall mean Florida industrial 
commission or its legally constituted representa- 
tives. 

(2) The term "elevator" shall mean all ma- 
chinery, construction, apparatus and equipment 
used in raising and lowering a car, cage or plat- 
form vertically between permanent rails or 
guides, and shall include all elevators, power 
dumbwaiters, escalators, gravity elevators and 
other lifting or lowering apparatus permanent- 
ly installed between rails or guides, but shall 
not include hand operated dumbwaiters, con- 
struction hoists, or other similar temporary 
lifting or lowering apparatus, provided that 
the provisions of this chapter shall not be 
applicable to elevators, dumbwaiters, escala- 
tors, gravity elevators, or other lifting appa- 
ratus or device installed and operating in pri- 
vate residences while such premises are used 
solely as private residences. 

(3) The term "inspector" shall mean an in- 
spector qualified by the commission to inspect 
elevators and lifting apparatus in the state. 

(4) The term "alteration" of an elevator 
shall mean a change in the use, classification, 
operation, control, motor, brake, character of 
power supply, capacity, dead weight of car or 
counterweights, car travel, speed, sizes or num- 
ber of hoists or counterweight ropes, guide rails, 
car or counterweight safety devices, or safety 
governors, application for which is filed with 
the commission under the provisions of this 
chapter. 

(5) The term "existing installation" of an 
elevator shall mean an installation before July 
1, 1947. 

(6) The term "new installation" of an eleva- 
tor, shall mean a complete elevator, dumbwaiter, 
escalator, or special equipment installation, the 
application for which is filed with the commis- 
sion after July 1, 1947. 

History.— 51, ch. 24096, 1947; (2) by |1, ch. 67-227. 

399.02 General requirements. — 

(1) The requirements of this chapter shall 
apply to all installations of elevators, as defined, 
as hereinafter specified. 

(2) The commission shall adopt an elevator 
safety code the same as or similar to the latest 
revision of the "American standard safety code 
for elevators, dumbwaiters and escalators," 
which is hereinafter referred to as the "Elevator 



399.07 Certificates. 

399.08 Routine inspections, tests and main- 

LfiflSlliSfi 

399.10 Enforcement of law. 

399.11 Penalties. 

399.12 Construction of law. 

399.13 Municipalities exempted. 

399.14 Hotels, restaurants, etc., exempted. 

safety code." This may be changed from time to 
time to comply with future revisions. 

(3) The commission shall by regulation fix 
the responsibilities of the manufacturer, the 
constructor and the owner for all elevator 
installations. 

(4) The commission only shall have the 
power to grant exceptions or permit the uses of 
other devices or methods as may be provided by 
the elevator safety code. 

(5) All new and existing elevators shall have 
a serial number assigned by the commission 
painted on or attached to the elevator car in 
plain view and also to the driving mechanism. 
This serial number shall be shown on all re- 
quired certificates. 

(6) (a) A permit shall be obtained from 
the Florida industrial commission before erect- 
ing or constructing new elevators, moving such 
apparatus from one hoistway to another, or be- 
fore making alterations to existing equipment. 

(b) The contractor, company or individual 
employed to do the work, shall submit an ap- 
plication for a permit accompanied by specifi- 
cations and drawings showing the proposed 
construction, equipment, and mode of operation 
in such form as the commission may prescribe. 

History.— §2, ch. 24096, 1947; (6) (b) by §2, ch. 57-227. 
cf. — §399.13, Certain municipalities exempt. 

399.03 Design, installation and alterations 
of elevators. — 

(1) All new elevators, dumbwaiters, and 
escalators shall be designed and installed in 
accordance with the requirements of the eleva- 
tor safety code. 

(2) All alterations to, and relocations of, 
elevators, dumbwaiters, and escalators, in- 
stalled after the adoption of this act, shall 
meet the requirements of the elevator safety 
code. 

(3) Elevators, dumbwaiters and escalators 
installed before July 1, 1947, may be used 
without being rebuilt to comply with the re- 
quirements of the elevator safety code; pro- 
vided, however, all such elevators shall be 
equipped with standard hoistway entrance 
protection, and all passenger elevators of 
more than one hundred feet per minute con- 
tract speed shall be provided with car doors 
or gates which meet the requirements of the 
elevator safety code on or before July 1, 1959. 
Such installations shall be maintained in a 
safe operating condition and shall be subject 
to inspections and tests required by §399.08. 
The commission shall issue a certificate for 



Ch. 399 



ELEVATORS 



Ch. 399 



each existing elevator, dumbwaiter, and esca- 
lator, which certificate shall be posted in the 
car, and on, near, or plainly visible from the 
dumbwaiter and escalator. 

(4) Elevators, dumbwaiters and escalators, 
moved from one shaft or location to another, 
shall conform to the requirements of the eleva- 
tor safety code. 

(5) (a) Existing installations may be al- 
tered to obtain the advantage of any provisions 
of the elevator safety code, provided the safety 
requirements covering such provisions are met. 

(b) Where alterations are made to existing 
installations, any part of the installation which 
is directly affected as to safety, due to the altera- 
tion, shall comply with the requirements of the 
elevator safety code, subject also to the follow- 
ing subsections of this section. 

(6) Where an increase is made in the con- 
tract load, the installation shall meet the re- 
quirements of the elevator safety code for car 
and counterweight safeties, interlocks and ter- 
minal stopping devices. 

(7) Where an increase is made in the con- 
tract speed, the installation shall meet the re- 
quirements of the elevator safety code for car 
and counterweight safeties, buffers, speed gov- 
ernor, interlocks and terminal stopping devices. 
The pull-out of the governor cable need not meet 
the requirements of the elevator safety code. 

(8) Where any change is made in the method 
of operation, or type of control, the installation 
shall meet the requirements of the elevator 
safety code for interlocks and terminal stopping 
devices. 

(9) Where any change is made in the classi- 
fication, the installation shall meet all of the 
requirements of the elevator safety code. 

(10) Change in power supply (general) : 

(a) Change in voltage, frequency, or num- 
ber of phases of an alternating current supply; 
or 

(b) Change from direct current to alternat- 
ing current or alternating current to direct 
current; or 

(c) Change to a combination of direct cur- 
rent and alternating current. 

(11) Only such electrical equipment or parts 
thereof as are adjusted or altered to operate 
safely and properly in the opinion of the indus- 
trial commission may be retained. 

(12) Change from direct to alternating cur- 
rent. 

(13) (a) Where the change of power sup- 
ply is from direct current to alternating current, 
existing electric brakes, if inadequate in the 
opinion of the commission, shall be replaced 
with electrically released brakes of sufficient 
capacity to meet the operating and test require- 
ments of the elevator safety code. 

(b) Where elevators and escalators are not 
equipped with electrically operated brakes, such 
equipment shall be provided in accordance with 
the elevator safety code. 

(14) Where the change of power supply is 
from direct to alternating current, the motor 
and control shall be of a type which will provide 



at least one slowdown step having a stable speed 
not more than one half the contract speed, ex- 
cept as follows : 

(a) If the contract speed is one hundred and 
ten feet per minute or less, one-speed motor and 
control may be used. 

(b) If the contract speed is two hundred 
feet per minute or less, and the overhead car 
and counterweight clearances are at least as 
great as required by the elevator safety code for 
the contract speed, one-speed motor and control 
may be used. 

(15) Where the change in power supply is 
from direct to alternating current terminal stop- 
ping devices shall be provided to conform to the 
requirements of the elevator safety code. 

(16) (a) Damaged or defective parts shall 
be wholly or partially replaced at the discretion 
of the commission ; broken parts subject to bend- 
ing, tension or torsional stresses, and parts upon 
which the support of the car depends, shall not 
be welded. 

(b) Ordinary repairs or replacement on ex- 
isting installations may be made with parts 
equivalent in material, strength and design to 
those replaced. Such repairs and replacements 
need not conform to the requirements of this 
chapter. 

History.— §3, ch. 24096, 1947; (3) by 53, ch. 57-227. 

399.04 Inspectors. — 

(1) To carry out the provisions and the in- 
tent and purpose of this chapter, the commission 

is authorized, and its duty shall be, to appoint 
and fix salaries of the necessary state elevator 
inspectors on a merit basis, and may delegate 
to such inspectors such powers and authority 
as may be necessary to enable them to effec- 
tively discharge their duties, provided, how- 
ever, that no person shall be appointed to such 
position unless he has had seven and one-half 
years practical experience in the construction, 
installation or inspection of elevators. 

(2) No person shall be authorized to act 
as an inspector of elevators, unless he holds 
a certificate of competency from the commis- 
sion, as provided in this section. 

(a) The eligibility of applicants for a cer- 
tificate of competency shall be determined by 
written and practical examinations, such ex- 
aminations to be given under the supervision 
of the chief of industrial safety of the Florida 
industrial commission. Application for such 
examinations shall be in writing, stating school 
education of applicant and his employment and 
employers. 

(b) The examinations shall cover the con- 
struction, installation, operation, maintenance 
and repair of elevators and their appurten- 
ances. 

(3) Certificates of competency shall be is- 
sued to applicants who have successfully com- 
pleted examinations for inspector, and any 
certificate holder may make inspections 
required by §399.05, when employed by the 



Ch. 399 



ELEVATORS 



Ch. 399 



commission, or an insurance company, in 
accordance with regulations of the commission. 

(4) Certificates of competency may be re- 
voked by the commission for cause, after a 
hearing is afforded the holder thereof before 
the full commission. 

(5) A certificate of competency may be is- 
sued to an applicant therefor without exami- 
nation when such applicant shall furnish to 
the commission satisfactory evidence that he 
is employed as an inspector of elevators by 
an insurance company authorized to do busi- 
ness in this state, by a manufacturer or dealer 
in elevators, or by a municipality, and such 
applicant is otherwise qualified as provided in 
this chapter. 

History.— §4, ch. 24096, 1947; §11. ch. 25035, 1949; §4, ch. 
67-227; (2) (a) a. by §1. (3) a. by §2, ch. 61-194. 

399.05 Inspection and tests of new, moved 
or altered installations. — 

(1) The operation or use of any new, altered 
or moved elevator, is prohibited until such equip- 
ment has passed tests and inspection as required 
by this article and a certificate to this effect has 
been issued in accordance with §399.07. 

(2) The person or firm installing, moving or 
altering elevators, shall notify the industrial 
commission in writing, at least three days be- 
fore completion of the work and shall, in the 
presence of a representative of the commission, 
subject the new, moved, or altered portions of 
the equipment to tests required to show that 
such equipment meets the requirements of this 
chapter. Where the industrial commission grants 
specific permission, such tests and inspection 
may be made without the presence of the com- 
mission's representative, provided a certified 
copy of the test is furnished to such official. 

History.— §5, ch. 24096, 1947. 

399.06 Registering of existing installations, 
reports of inspectors. — 

(1) The owner or user of any elevator in this 
state shall register with the Florida industrial 
commission every elevator operated by him, giv- 
ing the type, capacity and description, name of 
manufacturer and purpose for which each is 
used on or before ninety days after this chapter 
becomes effective. Such registration shall be 
made on a form to be furnished by the commis- 
sion. 

(2) Every inspector shall forward to the 
commission a full report of each inspection made 
of any elevator, as required to be made by him 
under the provisions of §399.05, showing the ex- 
act condition of the said elevator. If this report 
indicates that the said elevator is in a safe con- 
dition to be operated, the commission shall issue 
a certificate of operation for a capacity not to 
exceed that named in the said report of inspec- 
tion, which certificate shall be valid for one year 
after the date of inspection unless the certifi- 
cate is suspended or revoked by the commission. 
No elevator may lawfully be operated on or after 



January 1, 1948, without having such a certifi- 
cate conspicuously posted thereon ; where there 
is an elevator cab it shall be posted conspicu- 
ously therein. 

(3) If any elevator be found which, in the 
judgment of an inspector, is dangerous to life 
and property, or is being operated without the 
operating certificate required by §399.07, such 
inspector may require the owner or user of such 
elevator to discontinue its operation, and the 
inspector shall place a notice to that effect con- 
spicuously on or in such elevator. Such notice 
shall designate and describe the alteration or 
other change necessary to be made in order to 
insure safety of operation, date of inspection, 
and time allowed for such alteration or change. 
Such inspector shall immediately report all facts 
in connection with such elevator to the com- 
mission. In the event a certificate has been 
issued for such elevator, the said certificate 
shall be suspended and not renewed until such 
elevator has been placed in safe condition. In 
such case, where an elevator has been placed out 
of service, the owner or user of such elevator 
shall not again operate the same until repairs 
have been made and authority given by the com- 
mission to resume operation of the said elevator. 

(4) Before any permanent elevator shall be 
erected, removed to a different location, or 
whenever any changes or repairs are made 
which alter its construction or the classifica- 
tion, grade or rating lifting capacity thereof, 
detailed plans and specifications of the said 
apparatus, in duplicate, shall be submitted to 
the commission for approval. Except in those 
municipalities which maintain their own eleva- 
tor inspection departments, in which event, such 
plans and specifications shall be submitted to 
the elevator department of such municipality 
for its approval, and if approved a permit for 
the erection or repair of such elevator shall be 
issued by the municipality. Where plans and 
specifications are submitted to, and approved 
by the commission, a permit for the erection or 
repair of such elevator shall be issued by the 
commission. A final inspection shall be made 
of the apparatus when installed or repairs com- 
pleted, before final approval shall be given by 
the commission. The elevator shall not be op- 
erated until such final inspection and approval 
be given, unless a temporary permit be granted 
by the said commission. 

History.— §6, ch. 24096, 1947; §11, ch. 25035, 1949; sub §(4) 
repealed by §1, ch. 28318, 1953 remaining subsection renumber- 
ed. 

399.07 Certificates.— 

(1) A certificate shall be issued by the in- 
dustrial commission where inspections and tests 
as required by §399.05 show that elevators are 
installed in accordance with the requirements 
of this chapter. 

(2) Certificates shall be printed on a six 
inch wide by nine inch high card and suitably 
framed in metal with a glass cover. 

(3) Certificates shall show the serial num- 
ber of the elevator for which it is issued, as re- 
quired in subsection (5) of §399.02. 



Ch. 399 



ELEVATORS 



CH. 399 



(4) The required certificate shall be posted 
in a conspicuous location in the elevator car, 
and on, near, or plainly visible from the dumb- 
waiter, escalator, amusement device or special 
equipment. 

(5) The industrial commission may permit 
the temporary use of any elevator, dumbwaiter, 
or escalator, for passenger or freight service 
during the installation or alteration, under the 
authority of a limited certificate, issued by them 
for each class of service. Such limited certifi- 
cate shall not be issued until the elevator shall 
have been tested under contract load, and the 
car safety and terminal stopping equipment for 
construction purposes. 

(6) Limited certificates shall be issued for a 
period not to exceed thirty days. Such certifi- 
cates may be renewed at the discretion of the 
commission. 

(7) Where a limited certificate is issued, a 
notice bearing the information that the equip- 
ment has not been finally approved shall be con- 
spicuously posted on, near, or visible from each 
entrance to such elevator, dumbwaiter or escala- 
tor. 

History.— §7, ch. 24096, 1947. 
Am. §11, ch. 25035, 1949. 

399.08 Routine inspections, tests and main- 
tenance. — 

(1) Passenger and freight elevators shall be 
inspected by an inspector and tested by the 
owner in the presence of the inspector at least 
once each calendar year. 

(2) Whenever the commission shall, from 
inspection of any elevator, determine that in the 
interest of the public safety such elevator or 
any part or appliance thereof, is out of order 
and in an unsafe condition contrary to the re- 
quirements of this chapter they shall have the 
power to order the discontinuance of the use of 
any such elevator and to compel the person, firm, 
or corporation having control or possession or 
use thereof to discontinue such use until such 
elevator or part or appliance thereof, has been 
satisfactorily repaired or replaced so that the 
said elevator is in a safe and proper condition 
as required by this chapter. 

(3) The Florida industrial commission shall 
certify the inspection of each elevator which, 
after inspection, is judged to be in conformity 
with the requirements of this chapter. This 
certification shall be in the form of an endorse- 
ment of the certificate required in §399.07, and 
shall include the date of the inspection and the 
signature of the inspector. 

History.— §8, ch. 24096, 1947. 



399.10 Enforcement of law. — It shall be the 
duty of the Florida industrial commission to 

enforce the provisions of this chapter. 

History.— §10, ch. 24096, 1947. 

399.11 Penalties.— 

(1) Whoever violates any of the provisions 
of this chapter, or the rules and regulations of 
the commission, as herein provided for, or who 
shall fail or neglect to pay the fees herein pro- 
vided for, shall be guilty of a misdemeanor and 
upon conviction thereof, shall be punished by a 
fine of not more than one hundred dollars for 
the first offense, or by imprisonment for not 
more than one year, or by both such fine and im- 
prisonment in the discretion of the court having 
jurisdiction. 

(2) Whoever continues to operate his eleva- 
tor or other lifting or lowering apparatus, after 
notice to discontinue its use as set forth in sub- 
section (3) of §399.06, shall be likewise fined 
twenty-five dollars for each day the said eleva- 
tor or lifting or lowering apparatus has been 
operated after the service of the Baid notice, in 
addition to the fines above set forth. 

(3) All fines collected under this chapter 
shall be forwarded to the commission, who shall 
pay the same into the state treasury to the 
credit of the commission. 

History — §11, ch. 24096, 1947; sub. §(1) am. §10, ch. 26484, 
1951. 
cf .— A16 S9 Disposition of fines. 

399.12 Construction of law. — Nothing con- 
tained in this chapter shall be construed to pre- 
vent the inspection of elevators by dealers in 
elevators or elevator equipment, or inspectors 
for insurance companies, but such inspection 
shall not be in lieu of the state inspection, as 
provided in this chapter, unless such inspector 
shall have qualified with the commission as 
herein provided. 

History. — §12, ch. 24096, 1947. 
Am. §11, ch. 25035, 1949. 

399.13 Municipalities exempted. — The pro- 
visions of this chapter shall not apply to mu- 
nicipalities where said municipalities have pro- 
vided for the regular inspection of elevators as 

provided in §399.06. 

History.— §13, ch. 24096, 1947. 

399.14 Hotels, restaurants, etc., exempted. — 

The provisions of chapter 399, relating to de- 
sign, installation, alteration, maintenance and 
inspection of elevators shall not apply to ho- 
tels, apartment houses, rooming houses and 
restaurants where the hotel commission has 
provided for the regular inspection of elevators 
as provided for by §509.211 (6), (7). 

History.— Comp. §1, ch. 25039, 1949. 



Ch. 400 



NURSING HOMES 



Ch. 400 



CHAPTER 400 
NURSING HOMES 



400.001 Purpose. 

400.01 Definitions. 

400.02 Homes or institutions exempt from pro- 

visions of chapter. 

400.03 License required. 

400.04 Application for license ; fee. 

400.05 Licenses ; issuance, display. 

400.06 Same ; grounds for denial. 

400.07 Revocation of licenses ; grounds. 

400.08 Expiration of license and renewal, fee ; 

conditional permit. 

400.001 Purpose. — The purpose of this chap- 
ter is to provide for the development, establish- 
ment and enforcement of basic standards for 
the health, care and humane treatment of 
persons in nursing homes, and for the construc- 
tion, maintenance and operation of such insti- 
tutions which, in the light of existing knowl- 
edge, will ensure safe and adequate care, treat- 
ment and health of persons in such homes. 

History.— Comp. |1, ch. 28140, 1953. 

400.01 Definitions. — For the purposes of 
this chapter, unless the context otherwise re- 
quires : 

(1) "Nursing home" or "home" means a 
private home, institution, building, residence, 
or other place, whether operated for profit or 
not, including those places operated by a county 
or municipality, which undertakes through its 
ownership or management to provide for a 
period exceeding twenty-four hours, mainte- 
nance, personal care, or nursing for three or 
more persons not related by blood or marriage 
to the operator, who by reason of illness or 
physical infirmity or advanced age are unable 
to care for themselves; provided that this de- 
finition shall include homes offering services 
for less than three persons when the homes 
are held out to the public to be establishments 
which regularly provide nursing and custodial 
services. 

(2) "Board" means the state board of 
health. 

(3) "Health officer" means the state health 
officer and secretary to the state board of 
health. 

(4) For the administration of this chapter 
"nursing home" or "home" shall be licensed 
in the following categories: 

(a) Home for aged — a home providing dom- 
iciliary and custodial service. 

(b) Home for special service — a home pro- 
viding domiciliary and custodial service to 
children or young adults. 

(c) Nursing home — a home providing nurs- 
ing service in addition to custodial service. 

(5) "Nursing service" means such services 
or acts as may be rendered directly or indirect- 
ly to, and in behalf of a person, by individuals 
as defined in §464.021. 

(6) "Custodial service" means care for the 
person which entails observation of diet, sleep- 



400.09 

400.091 

400.10 

400.11 
400.12 
400.13 
400.14 
400.15 
400.161 



Refusal of license; renewal; revoca- 
tion; notice; hearing. 

Procedure for reinstatement of revoked 
or suspended license. 

Minimum standards, rules and regula- 
tions to be prescribed by board. 

Inspection of homes. 

Records of licensee. 

Enforcement and penalties. 

Educational program authorized. 

Disposition of fees. 

Misleading advertisments prohibited. 



ing habits, maintenance of a watchfulness over 
the general health, safety and well-being of 
the aged or infirm. 

History.— fl, ch. 28140, 1953; (1) by §1, ch. 57-806; (1) a. 
and (4) -(6) n. by §1, ch. 61-364. 

400.02 Homes or institutions exempt from 
provisions of chapter. — The following shall be 
exempt from the provisions of this chapter: 

(1) Any home, institution or other place 
operated by the federal government or agency 
thereof. 

(2) Any child welfare agency, maternity or 
lying-in home requiring a state license. 

(3) Any home or institution conducted only 
for persons who rely exclusively upon treatment 
by prayer or spiritual means, in accordance 
with the creed or tenets of any organized 
church or religious denomination, shall be ex- 
empt only from any requirement of this act or 
rule and regulation adopted pursuant thereto, 
requiring medical examinations or medical 
treatment of residents or patients therein. 

(4) Any hospital devoted primarily to the 
maintenance and operation of facilities for the 
diagnosis, treatment or medical care for not 
less than twenty-four hours in any week of two 
or more nonrelated individuals suffering from 
illness, disease, injury, or deformity. 

(5) Any custodial, educational or penal in- 
stitution operated by the state or agency there- 
of. 

(6) Any facilities, hospital or clinic oper- 
ated in connection with the offices of any 
practitioner of any of the healing arts licensed 
to practice under the laws of the state when 
such facilities, hospital or clinic are not de- 
signed nor used for the care or nursing of 
more than eight persons. 

(7) Any institution which offers its serv- 
ices primarily for medical treatment or sur- 
gery. 

(8) The old people's home known as "Moose- 
haven," owned and operated by the loyal 
order of Moose, a national fraternal organiza- 
tion, located at Orange Park, and the Florida 
Christian home, a home for the aged, owned 
and operated by the National benevolent asso- 
ciation of the Christian churches of the south- 
east area of the United States, and located at 
1071 Edgewood avenue, Jacksonville, and old 
age homes owned and maintained by any na- 
tional fraternal organization which had been 



Ch. 400 



NURSING HOMES 



Ch. 400 



in existence for a period of more than twenty- 
five years. 

History.— §1, ch. 28140, 1953; (7), (8) n. by §2, ch. 61-354. 

400.03 License required. — 

(1) After July 1, 1953, it shall be unlawful 
to operate or maintain a nursing home without 
first obtaining from the board a license as pro- 
vided in §400.04. 

(2) Homes which are already in operation 
on July 1, 1953, shall be given a reasonable 
time, not to exceed one year, within which to 
comply with the rules and regulations and mini- 
mum standards provided for herein. 

(3) Separate licenses shall be required for 
homes maintained in separate premises, even 
though operated under the same management; 
provided, a separate license shall not be re- 
quired for separate buildings on the same 
grounds. 

History.— Com p. jjl, ch. 28140, 1953. 

400.04 Application for license; fee. — 

(1) Application for license as required by 
§400.03, shall be made to the health officer on 
form blanks furnished by the board, and shall 
be accompanied by a license fee of one dollar; 
provided that counties or municipalities apply- 
ing for such licenses shall be exempt from the 
payment of said license fee. Such licenses shall 
be effective until suspended or revoked. 

(2) The application shall be under oath and 
shall contain the following: 

(a) The name and address of the applicant 
if an individual, and if a firm, partnership or 
association, of every member thereof, and in 
the case of a corporation, the name and address 
thereof and of its officers; 

(b) The location of the home for which a 
license is sought, and indicating that such lo- 
cation conforms to the local zoning ordinances ; 

(c) The name of the person or persons un- 
der whose management or supervision the home 
will be conducted; 

(d) The number and type of residents for 
which maintenance, care and nursing is to be 
provided, and 

(e) Such information relating to the num- 
ber, experience and training of the employees 
of the home and of the moral character of the 
applicant and employees as the board may deem 
necessary. 

(3) Each application shall be accompanied 
by a statement relative to the financial status 
of the applicant. 

History.— §1, ch. 28140, 1953; (1) by §1, ch. 69-211. 

400.05 Licenses; issuance, display. 

(1) Upon receipt of an application for a 
license hereunder, the health officer shall cause 
a thorough investigation to be made of the 
premises proposed to be licensed, and of the 
applicant, and if satisfied that the minimum 
standards as provided in §400.10 are met, and 
if the applicant is otherwise qualified, shall 
issue a license. 

(2) The license shall be displayed in a con- 



spicuous place in the hall or near the main en- 
trance inside the home. 

(3) A license shall be valid only in the 
hands of the person to whom it is issued and 
shall not be subject of sale, assignment or other 
transfer, voluntary or involuntary, nor shall a 
license be valid for any premises other than 
those for which originally issued. 

History.— Comp. {1, ch. 28140, 1953. 

400.06 Same; grounds for denial. — An ap- 
plication for a license may be denied for any 
of the following reasons : 

(1) Failure to meet any of the minimum 
standards prescribed by the board under 
§400.10. 

(2) Conviction of a felony, as shown by a 
certified copy of the record of the court of con- 
viction, of the applicant, or by a copy of the 
applicant's fingerprint record from the federal 
bureau of investigation, showing felony convic- 
tions, or if the applicant is a firm or corpora- 
tion, of any of its members or officers, or of 
the person designated to manage or supervise 
the home; or other satisfactory evidence that 
the moral character of the applicant or the 
manager, or supervisor of the home is not 
reputable. 

(3) Financial inability to operate and con- 
duct the home in accordance with the require- 
ments of this act and the minimum standards, 
rules and regulations promulgated thereunder. 

History.— Comp. §1, ch. 28140, 1953. 

400.07 Revocation of licenses; grounds. — 

The health officer may revoke or suspend a 
license for any of the following reasons: 

(1) Cruelty or indifference to the welfare of 
the residents. 

(2) Misappropriation or conversion of the 
property of the residents. 

(3) Violation of any provision of this chap- 
ter or of the minimum standards, rules and 
regulations of the board promulgated here- 
under. 

(4) Any ground upon which an application 
for a license may be denied as prescribed in 
§400.06. 

History.— §1, ch. 28140, 1953: Intro, par., (3) by §2, ch. 59-211. 

400.08 Expiration of license and renewal, 
fee; conditional permit. — 

(1) Licenses issued for the operation of a 
nursing home, unless sooner suspended or re- 
voked, shall expire on December 31 of each 
year unless the same shall have been renewed 
prior thereto for the next succeeding year. 
Licenses shall be renewed upon the filing of an 
application on forms furnished by the board, 
provided the applicant shall have first met all 
the requirements established under this chap- 
ter and upon the payment to the board of a 
fee of one dollar. 

(2) Licensed operators against whom a re- 



Ch. 400 



NURSING HOMES 



Ch. 400 



vocation proceeding is pending at the time of 
license renewal shall be issued a conditional 
permit effective until final disposition by the 
health officer of such proceedings. If the final 
order of the health officer is appealed for re- 
view, the court before whom the appeal is 
taken may order the extension of the condi- 
tional permit for a period of time to be spe- 
cified in said order. 

History.— II, ch. 28140, 1953; repealed by §3, ch. 59-211; re- 
enacted and amended by §4, ch. 61-354. 

400.09 Refusal of license; renewal; revo- 
cation; notice; hearing. — 

(1) No license shall be denied, revoked or 
suspended except after notice in writing to the 
applicant or licensee, setting forth the particu- 
lar reasons for the proposed action, and a fair 
hearing if demanded by the licensee or appli- 
cant. Such notice shall be effected by regis- 
tered or certified mail with return receipt re- 
quested, or by personal service. The licensee 
or applicant shall within ten days after receipt 
of said notice request a hearing which request 
shall be in writing, and be delivered to the 
health officer in person or by due course of 
mail. If no such request is made within the 
time fixed, said officer shall proceed to refuse, 
revoke or suspend said license as set out in 
the notice of the proposed action. 

(2) All hearings under this law shall be 
held by the health officer or any agent desig- 
nated by him, within the county in which the 
licensee or applicant operates or applies for 
license to operate a home as defined herein. If 
the hearing is conducted by an agent designated 
by the health officer, a transcript of the pro- 
ceedings shall be reviewed by said health of- 
ficer who shall enter his decision thereon. 

(3) The procedure governing hearings au- 
thorized by this section shall be in accordance 
with rules promulgated by the board. The 
health officer or any agent designated by him 
may take testimony concerning any matter 
within his jurisdiction and may administer 
oaths for that purpose. Said health officer or 
agent shall have the power to issue summons 
and subpoenas for any witness and subpoenas 
duces tecum, which shall be served and re- 
turned as provided by law. At the hearing the 
applicant or licensee shall have the right to 
cross-examine witnesses against him, and to 
produce witnesses in his defense, and to appear 
personally or by counsel. 

(4) On the basis of any such hearing, or 
upon the failure of the applicant or licensee 
to request a hearing, the health officer shall 
make a determination specifying his findings 
of fact and conclusions of law. A copy of 
such determination shall be sent registered or 
certified mail or personally served upon the 
applicant or licensee. The determination shall 
become final sixty days after it is so mailed 
or served unless the applicant or licensee with- 
in that period applies for a writ of certiorari 
in the circuit court in and for the county where 
the headquarters of the board is located in the 



manner provided in chapter 59 and the Florida 
appellate rules. 

(5) A full and complete record shall be 
kept of all proceedings and all testimony shall 
be reported but need not be transcribed unless 
the decision is appealed. A copy or copies of 
the transcription may be obtained by any in- 
terested party on payment of the cost of pre- 
paring such copy or copies. 

History.— jl, ch. 28140, 1053; (1) by j4, (4) by §5, ch. 59-211. 

400.091 Procedure for reinstatement of re- 
voked or suspended license. — 

(1) When a license has been revoked or 
suspended in accordance with the provisions 
of §400.09, the licensee, provided he has not 
previously had a license revoked or suspended 
under this chapter, may at any time after the 
determination has become final, request a 
hearing for the purpose of showing that the 
reasons for the revocation or suspension of 
license have been corrected and that the li- 
cense should be reinstated. No licensee who has 
previously had a license suspended or revoked 
under this chapter, shall request for a hearing 
to reinstate the license prior to one year after 
the determination becomes final. 

(2) The request for hearing shall be in 
writing, and shall be delivered to the health 
officer in person or by due course of mail. 

(3) Any hearing conducted under this sec- 
tion shall not operate to stay or supersede any 
decision revoking or suspending a license. 

(4) Hearings conducted under this section 
shall be conducted in the same manner as pre- 
scribed for hearings in §400.09. 

History.— S7, Ch. 59-311. 

400.10 Minimum standards, rules and regu- 
lations to be prescribed by board. — 

(1) The board shall prescribe and publish 
minimum standards in relation to : 

(a) Location and construction of the home, 
including plumbing, heating, lighting, ventila- 
tion, and other housing conditions, which shall 
ensure the health, safety and comfort of resi- 
dents and protection from fire hazard; which 
shall include adequate provisions for fire alarm 
and fire protection suitable to the size and 
type of structure; 

(b) Number and qualifications of all per- 
sonnel, including management and nursing per- 
sonnel, having responsibility for any part of 
the care given to residents; 

(c) All sanitary conditions within the nurs- 
ing home and its surroundings, including water 
supply, sewage disposal, food handling and 
general hygiene, which shall ensure the health 
and comfort of residents ; 

(d) Equipment essential to the health and 
welfare of the residents. 

(2) The board may adopt and enforce rules 
and regulations relating to the operation and 
conduct of nursing homes and the care, treat- 
ment and maintenance of the residents thereof 
as it shall deem necessary for an effective ad- 
ministration of this act. 

(3) Provided, however, that all minimum 



Ch. 400 



NURSING HOMES 



Ch. 400 



standards, rules and regulations to be pre- 
scribed hereunder shall be reasonable and fair, 
it being the intention of the legislature to pro- 
vide safe and sanitary homes for the inmates 
thereof. 

History. — Comp. §1, ch. 28140, 1953. 

400.11 Inspection of homes. — Every home 
conducted by a licensee hereunder, and any 
premises proposed to be conducted by an appli- 
cant for a license, shall be open at all reason- 
able times to inspection by the board and by 
any agency designated by the board as provided 
in §400.05. 

History.— Comp. |l, ch. 28140, 1953. 

400.12 Records of licensee. — Every licensee 
shall keep such records and make reports as 
the board shall prescribe and all such records 
shall be open to inspection by the board, or its 
authorized representatives. 

History. — Comp. {1, ch. 28140, 1953. 

400.13 Enforcement and penalties. — 

(1) This chapter and regulations adopted 
hereunder shall be enforced in the manner 
provided in §381.031(4). 

(2) The opening or operation of a nursing 
home as herein defined without a license there- 
for, or for the violation of any other provision 
of this chapter, including rules, regulations 
and minimum standards, prescribed by the 



board thereunder, shall be a misdemeanor and 
subject to the penalties provided in §381.411. 

History.— §1, ch. 28140, 1953; §3, oh. 61-354. 

400.14 Educational program authorized. — 

Upon application of what he deems a sufficient 
number of licensees or applicants for licenses 
under the terms of this act, or in his discretion, 
the health officer shall conduct a clinic or 
seminar at such times and places as shall be 
convenient for the greatest number, at which 
clinic or seminar information and instruction 
shall be offered in the general field of health 
education, management and other subjects that 
will increase the knowledge and efficiency of 
applicants or licensees hereunder. 

History. — Comp. §1, ch. 28140, 1953. 

400.15 Disposition of fees. — All fees re- 
quired under the provisions of this chapter 
shall be paid to the secretary of the board, who 
shall deposit said funds with the state treas- 
urer to the credit of the general revenue fund. 

History. — Comp. Jl, ch. 28140, 1953. 

400.161 Misleading advertisements prohib- 
ited. — It shall be unlawful for any person, 
persons, associations, copartnerships, corpora- 
tions, or institutions, to offer or advertise to the 
public in any way or by any medium whatso- 
ever, nursing home care or service, or custodial 
services, unless they shall have first secured 
a license under the provisions of this chapter. 

History. — 85, ch. 61-354. 



Ch. 401 



HOSPITAL SERVICE FOR THE INDIGENT 



Ch. 401 



CHAPTER 401 
HOSPITAL SERVICE FOR THE INDIGENT 



401.01 Hospital service for the indigent. 

401.011 Out-patient care for the indigent. 

401.012 Visiting nurse care for the indigent. 

401.02 Definitions. 

401.03 Appropriation. 

401.04 State board of health to administer; 

advisory committee, membership, ex- 
penses. 

401.05 Cost of administration; funds to be ex- 

pended. 

401.06 Rules and regulations to be adopted by 

state board of health. 

401.07 Eligibility for assistance. 

401.08 Annual budgets of participating coun- 

ties; state board to submit; county 
matching funds. 

401.09 Necessary forms furnished by state 

board of health. 

401.01 Hospital service for the indigent. — 

There is hereby created a service to be admin- 
istered by the state board of health to be 
known as "hospital service for the indigent," 
the purpose of which is to provide hospitaliza- 
tion for medically indigent persons of this 
state, the hospital charges to be limited to the 
nonprofit basic cost of the hospitalization. Such 
service is to be designed for the purpose of 
furnishing bed, board, and any hospital services 
needed for the effective treatment of the acute- 
ly ill or injured indigent as deemed necessary 
and ordered by the physician in charge of the 
case. 

History.— Comp. 51, oh. 29957, 1955. 

401.011 Out-patient care for the indigent. — 

When approved by the board and the advisory 
committee hereinafter created, funds created 
by this chapter may be used to provide out- 
patient care in out-patient clinics approved by 
the board for the treatment of acutely and 
chronically ill medically indigent persons of 
the state. Charges for these services shall be 
limited to the nonprofit basic cost of the 
clinic furnishing them. 

History.— §1, ch. 69-349. 

401.012 Visiting nurse care for the indigent. 

— When approved by the board and the advisory 
committee hereinafter created, funds created 
by this chapter may be used to provide acutely 
and chronically ill or injured medically indi- 
gent persons visiting nurse services rendered 
by nonprofit organizations providing such serv- 
ices and approved by the board, and visiting 
nurse services rendered by the board or its 
affiliated county health units. 

History.— 52, ch. 69-349; §1, ch. 61-418. 

401.02 Definitions. — The following words, 
terms and phrases, when used in this chapter, 
shall have the meanings ascribed to them in 
this section, except when the context clearly 
indicates a different meaning: 

(1) "Board" means the state board of 
health. 



401.10 Cooperation with state and federal 

agencies. 

401.11 Hospital service for the indigent trust 

fund; direct expenditures by coun- 
ties ; certification and credit. 

401.12 Obligation of state; limitation. 

401.13 Priority for reimbursement to hospitals 

for nonresidents of county. 

401.14 Reserve fund for out-of-state medically 

indigent persons. 

401.15 Hospital to render service determined 

by state board of health. 

401.16 Limitations on assistance. 

401.161 Authority and duties of state depart- 
ment of public welfare. 

401.17 Willful false representation; penalty. 



(2) "Applicant" means a person who has 
applied for assistance under this chapter. 

(3) "Recipient" means a person who has 
received or is receiving assistance under this 
chapter. 

(4) "Assistance" means money payments 
made to any hospital for an applicant, under 
the provisions of this chapter. 

(5) "Hospital" means an institution, pub- 
licly or privately owned, having not less than 
ten beds for the care of persons needing medi- 
cal or surgical care, and duly approved by the 
board. 

(6) "Medically indigent person" means a 
person in this state who is unable to provide 
himself with necessary services incident to ill- 
ness, injury or disability as prescribed and or- 
dered by a physician. 

(7) "Physician" means a doctor of medicine 
or doctor of osteopathy duly licensed to prac- 
tice in this state. 

(8) "County" means any one of the several 
counties of this state. 

(9) "Participating county" means a county, 
the board of county commissioners of which or 
other local official agency therein which has 
effectively provided its share of the fund as 
set forth in this chapter. 

(10) "Acutely ill or injured person" means 
a person with an urgent illness, who may re- 
spond to short-term remedial treatment, the 
postponement of which may constitute a hazard 
to the patient's life or health, and shall in- 
clude a person having cancer, or suspected of 
having cancer, for whom hospitalization or hos- 
pital diagnostic service is recommended by the 
medical staff of a cancer unit or tumor clinic 
operating under the provisions of §381.361, and 
shall include a person suffering from mental 
illness who is admitted by a psychiatrist to an 
approved psychiatric facility of a participating 
hospital for intensive short-term psychiatric 
treatment. 

History.— 52, ch. 29957, 1955; (7) by §1, ch. 69-93; (6) a. and 
(10) n. by §2, ch. 61-418. 



Ch. 401 



HOSPITAL SERVICE FOR THE INDIGENT 



Ch. 401 



401.03 Appropriation. — The board shall in- 
clude in its legislative budget request the esti- 
mated amounts needed for the purpose of 
carrying out this program and the legislature 
shall appropriate such amounts as it deems 
necessary for the program. 

History.— §3, ch. 29957, 1955; §1, ch. 61-26. 

401.04 State board of health to administer; 
advisory committee, membership, expenses. — 

The service herein provided shall be adminis- 
tered by the state board of health, in consulta- 
tion with the advisory committee as herein 
created. Such advisory committee shall be com- 
posed of nine discreet and public spirited citi- 
zens of this state who shall be selected by the 
board for a term of four years each. Two of 
such members shall be physicians duly licensed 
to practice in this state; two of such members 
shall be county commissioners; two of such 
members shall be actively and professionally 
engaged in hospital administration in this 
state; two of such members shall be members 
of the Florida legislature as recommended by 
the president of the senate and speaker of the 
house; and one such member shall be repre- 
sentative of the general public. The members 
of the advisory committee shall receive no 
compensation for their services but shall be 
reimbursed for traveling expenses as provided 
in §112.061. 

History.— §4, ch. 29957, 1955; §3, Ch. 61-418; §19, ch. 63-400; 
SI, ch. 63-287. 
cf. — Ch. 381, state board of health. 

401.05 Cost of administration; funds to be 
expended. — In the administration of this chap- 
ter, the board is authorized to expend from 
funds appropriated for this service, for ad- 
ministrative purposes, a sum not exceeding 
five per cent of the total fund expended con- 
sisting of the amount appropriated by the 
state, plus the amounts added to the fund by 
the several counties of the state in the man- 
ner hereinafter set out, and plus also, any 
federal funds which may become available for 
this service at any time. In the interest of ef- 
ficiency, the board may transfer funds for 
administration of this program to county health 
unit accounts. 

History.— Comp. |5, Oh. 29957, 1955. 

401.06 Rules and regulations to be adopted 
by state board of health. — The board shall 
adopt such rules and regulations as may be 
necessary for the proper administration of this 
chapter. Such regulations shall be binding on 
the participating counties and shall be com- 
plied with by all local agencies or persons re- 
sponsible for enforcement of any part of this 
chapter, and shall include, among other things : 

(1) Every indigent patient accepted under 
this program should be seen and referred by 
a practicing doctor of medicine or doctor of 
osteopathy who would make a general determi- 
nation of medical indigency and need for hos- 
pitalization, out-patient care or visiting nurse 
services. The county health department when 
necessary shall make a more definite check as to 
indigency except that when it is determined 



that the patient is a recipient of benefits under 
the state department of welfare, no further 
check shall be necessary. The county health de- 
partment in consultation with the referring 
physician shall be responsible after the check 
for indigency for referring the indigent patient 
to a hospital within or outside of such county on 
the basis of the specific illness or convenience 
to the patient. 

(2) The development of a formula to be 
used as a basis for the allotment of funds ap- 
propriated by the state for this service, such 
formula to be so devised that: 

(a) Of the total amount constituting the 
"fund" as herein provided, not more than fifty 
per cent shall be provided from the state ap- 
propriation. The participation required from 
each county each year shall be equal to at 
least one-half dollar for each inhabitant of said 
county, according to the estimate of the popu- 
lation of said county, according to the esti- 
mate of the population of said county for such 
year by the bureau of vital statistics of this 
state. 

(b) The distribution of state funds for the 
benefit of residents of or other persons in a 
participating county shall require the providing 
of local funds by the participating county in 
the amount specified in the formula, provided 
that the formula be arrived at as if all coun- 
ties are participating. 

(c) The distribution of funds by the for- 
mula shall be such as to bring all participating 
counties to an equal per capita level. 

(3) Criteria for approval and acceptance 
of participating hospitals. 

(4) Method of determining reimbursable 
costs for indigent hospital service. 

(5) Broad rules to determine medical indi- 
gency, taking into consideration any appro- 
priate modification which may be necessary 
in individual counties. 

(6) Requirements concerning reports that 
shall be made by participating hospitals, includ- 
ing medical and financial reports. 

(7) Method of determination of need for 
hospitalization by persons eligible for indigent 
hospital service. 

History.— Comp. §6, ch. 29957, 1955; (5) by §24, ch. 67-1; 
(1) by § 2, ch. 59-93; (1) by § 3, ch. 59-349. 

401.07 Eligibility for assistance. — To quali- 
fy for assistance under this program, a person 
shall be: 

(1) A medically indigent person as herein- 
above defined; and 

(2) One not an inmate of or eligible for 
admission to an institution or for hospital 
service under any other provision of law. 

History.— Comp. (7, oh. 29957, 1955. 

401.08 Annual budgets of participating 
counties; state board to submit; county match- 
ing funds. — 

(1) The board shall on or before the time 
when the participating county shall commence 
to make up budgets for the ensuing year, sub- 
mit to each county a budget containing an esti- 
mate and supporting data setting forth the 



Ch. 401 



HOSPITAL SERVICE FOR THE INDIGENT 



Ch. 401 



amount of money needed to carry out the pro- 
visions of this chapter in the county for which 
such report is submitted, and the amount of 
money required to be provided by the county 
as hereinafter set forth. 

(2) Each board of county commissioners 
of this state is authorized and empowered to 
budget for and provide county funds as may 
be necessary to match, on a formula basis, 
the county's part of the cost of this program. 

History.— Comp. |{8, 11, eh. 39957. 1956. 

401.09 Necessary forms furnished by state 
board of health. — The board shall, in accord- 
ance with regulations established by it as here- 
in provided, prepare and supply all county 
committees, hospitals, and local health depart- 
ments, and any other persons or agencies af- 
fected hereby with such forms as may be 
deemed necessary and advisable. 

History.— Comp. |S. oh. 29967, 1955. 

401.10 Cooperation with state and federal 
agencies. — The board is authorized to cooper- 
ate with other state departments and with any 
board or agency of the United States in any 
reasonable manner, as may be necessary to 
qualify for federal aid for assistance to needy 
recipients, in conformity with this chapter. 

History.— Comp. {10, eh. 29957, 1956. 

401.11 Hospital service for the indigent 
trust fund; direct expenditures by counties; 
certification and credit. — There shall be estab- 
lished in the state treasury an account or fund 
to be designated as the "hospital service for 
the indigent trust fund" and all funds, from 
whatever source, appropriated or received for 
indigent hospital service shall be deposited into 
this fund and be expended by the board solely 
for the purposes set forth in this chapter, and 
in accordance with the provisions thereof; pro- 
vided, that upon proper certification approved 
by the board, any county may receive credit 
for direct expenditures made during a current 
year by the county to a hospital or hospitals 
when such expenditures can be shown to have 
been made for the care of "medically indigent 
persons" as herein defined. When such certifi- 
cations of direct expenditures by a county are 
made and approved, the board may authorize 
direct payments from the county's share of 
the state portion of the fund, less any charges 
for administration and necessary emergency 
treatment of that county's patients in other 
hospitals. 

History.— §12, ch. 29957, 1955; §2, ch. 61-119. 

401.12 Obligation of state; limitation. — It 

is not intended herein that the state be obli- 
gated to provide hospitalization for all indi- 
gent of the state through the funds created by 
this chapter, and this chapter shall not be con- 
strued as interfering with any existing or fu- 
ture county plans for providing hospital and 
medical care for the indigent of such county. 

History.— Comp. §13, eh. 29967, 1955. 

401.13 Priority for reimbursement to hos- 
pitals for nonresidents of county. — The first 



priority for payment from the fund herein 
created shall be to reimburse hospitals for the 
cost of hospital care provided for the benefit 
of acutely ill or injured medically indigent per- 
sons who are not residents of or from the 
county in which such hospital is located and 
shall be charged against the portion of the fund 
due the county of residence. 

History.— Comp. {14, ch. 29957, 1965. 

401.14 Reserve fund for out-of-state medi- 
cally indigent persons. — The board is author- 
ized and directed to hold in reserve a reason- 
able amount of the state appropriation herein 
provided for the purpose of providing hospital 
care of any medically indigent person who be- 
comes acutely ill or injured in this state and 
who may not be properly classified as being 
a resident in or from a particular county of 
this state, and the board may, upon proper 
certification in accordance with its rules and 
regulations, make such payments for the bene- 
fit of such out-of-state medically indigent 
persons. 

History.— Comp. {15, eh. 29957, 1965. 

401.15 Hospital to render service deter- 
mined by state board of health. — The funds 
herein provided for may be used by the board 
in such a way as to provide indigent hospitali- 
zation and out-patient care in any participating 
hospital or clinic that can most effectively 
render the particular treatment the individual 
patient needs, without regard to the county in 
which the hospital is located. 

History.— §16, ch. 29957, 1955; §4, ch. 59-349. 

401.16 Limitations on assistance. — It is 

hereby declared that the intent of this chapter 
is to provide a program designed and adminis- 
tered so as to pay the cost of hospitalization 
for those residents of this state or persons 
within the state who become acutely ill or in- 
jured and who can be helped markedly by 
treatment in a hospital, and to pay the cost of 
out-patient care and visiting nurse services 
for those residents of the state who become 
acutely or chronically ill or injured, and who 
are clearly unable to meet the cost from their 
own resources or those upon whom they are 
legally dependent. It is not intended that the 
program shall be burdened by attempting to 
provide purely domiciliary care for persons 
with chronic permanently disabling illnesses, or 
illnesses already provided for by special pro- 
grams of the state. 

History.— §17, ch. 29957, 1955; §5, Ch. 59-349. 

401.161 Authority and duties of state de- 
partment of public welfare. — 

(1) The state department of public welfare 
is hereby authorized and directed to: 

(a) Acting by and through the state wel- 
fare board, enter into such agreements with 
the state board of health and any agency of the 
federal government and accept such duties in 
respect to social welfare or public aid as may 
be necessary to qualify for federal aid for 
assistance to public assistance recipients under 
this chapter; 



Ch. 401 



HOSPITAL SERVICE FOR THE INDIGENT 



Ch. 401 



(b) Acting by and through the state board 
of public welfare employ such staff and pre- 
scribe such rules and regulations as may be 
necessary to meet the requirements of federal 
legislation, rules, regulations or enactments 
not inconsistent with the constitution and laws 
of this state. 

(2) Hospital care afforded to public assist- 
ance recipients under this section shall not 
exceed twelve days per calendar year per per- 
son except by approval of the medical advisory 
committee. A person who has received the 
maximum amount of care allowable under this 
section may, if he meets the definition of a med- 
ically indigent person, secure the benefits allow- 



able to such a person under other sections of 
this chapter. 

History.— §6, ch. 59-349. 

401.17 Willful false representation; penalty. 

— Any person knowingly obtaining or attempt- 
ing to obtain, or who aids or abets any other 
person to obtain or attempt to obtain by means 
of a willfully false statement or representation 
or impersonation or other fraudulent device, 
any benefits provided by this chapter to which 
he is not lawfully entitled, shall be guilty of 
a misdemeanor and upon conviction shall be 
punished by a fine of not more than $500 or 
by imprisonment of not more than six months, 
or by both such fine and imprisonment. 

History.— Comp. fl8, ch. 39957, 1955. 



Ch. 402 



MENTAL HEALTH 



Ch. 402 



CHAPTER 402 
MENTAL HEALTH 



402.01 Council on mental health. 

402.02 Membership; expenses. 

402.03 Powers and duties of the council. 

402.04 Award of scholarships and stipends; 

disbursement of funds; administra- 
tion. 

402.01 Council on mental health. — There is 
created and established a council on mental 
health in Florida composed of eleven citizens of 
this state, to advise and consult with the state 
board of health in carrying out a program of 
training and research in mental health. 

History.— Comp. |1, ch. 29880, 1955. 

402.02 Membership; expenses. — 

(1) The members of the council shall be 
appointed by the governor for a term of office 
of four years or until their successors are ap- 
pointed or qualified, except that of the first 
council appointed under this chapter, two mem- 
bers shall be appointed for a term of one year, 
three members shall be appointed for a term of 
two years, three members shall be appointed for 
a term of three years, and three members shall 
be appointed for a term of four years. 

(2) The council shall be composed of six 
members from the professions concerned with 
mental health and five members of the general 
public. 

(3) The council shall elect from its mem- 
bers a chairman and a secretary. The council 
shall meet at the chairman's discretion, pro- 
vided however that at least one meeting each 
year be held. 

(4) Members of the council shall serve 
without remuneration; however, members shall 
receive per diem and mileage as prescribed in 
§112.061, from place of their residence to place 
of meeting and return. The expenses neces- 
sarily incurred by the council members in the 
regular performance of their duties shall be 
paid from the moneys appropriated by the legis- 
lature, upon vouchers to be made out and signed 
by the chairman of the council, and approved 
by the state health officer. 

History.— §2, ch. 29880. 1955; (4) by 89, ch. 59-1. 

402.03 Powers and duties of the council. — 

The council shall have the following powers 
and duties: 

(1) To consult with and recommend to the 
state board of health regarding : 

(a) The administration of all funds appro- 
priated in this chapter. 

(b) The awarding of training grants. 

(c) The allotments for mental health re- 
search projects. 

(2) To collect and prepare data on the needs 
for training and research in mental health. 

(3) To promote the training of mental 
health personnel. 

(4) To encourage research in mental health. 



402.05 Requisites for holding scholarship and 

stipend. 

402.06 Notes required of scholarship holders. 

402.07 Payment of notes. 

402.081 Advisory committee on mental health. 

(5) To encourage coordination of training 
and research activities to avoid unnecessary 
duplication. 

History.— Comp. §3, ch. 29880, 1955. 

402.04 Award of scholarships and stipends; 
disbursement of funds; administration. — The 

award of scholarships and/or stipends provided 
for herein shall be made by the council on 
mental health hereinafter referred to as the 
council, and the state board of health herein- 
after referred to as the board, shall handle 
the administration of the scholarship and/or 
stipend and the state department of education 
hereinafter referred to as the department, shall 
for and on behalf of the board handle the 
notes issued for the payment of the scholar- 
ships and/or stipends provided for herein and 
the collection of same. The council shall pre- 
scribe regulations governing the payment of 
scholarships and/or stipends to the school, 
college, or university for the benefit of the 
scholarship and/or stipend holders. All schol- 
arship awards, expenses and costs of adminis- 
tration shall be paid from moneys appropri- 
ated by the legislature and shall be paid upon 
vouchers approved by the state health officer 
and properly certified by the comptroller. 

History.— §4, ch. 29880, 1955; §10, ch. 59-1. 

402.05 Requisites for holding scholarship 

and stipend.— -Scholarships and/or stipends are 
to be awarded only to such residents of the 
state as intend to make psychiatric social work, 
psychiatry, psychiatric nursing and clinical 
psychology their professions. Among other es- 
sential requisites for holding a scholarship 
and/or stipend hereunder are citizenship, resi- 
dence in Florida for a period of one year, good 
moral character, good health, exceptional schol- 
arship, and the applicant shall have met the 
entrance requirement at a college or university 
for their professional specialization. 

History. — Comp. {5, Ch. 29880, 1955. 

402.06 Notes required of scholarship hold- 
ers. — Each person who receives a scholarship 
and/or stipend as provided for in this chapter, 
shall execute a promissory note under seal, on 
forms to be prescribed by the department, 
which shall be endorsed by his or her parent 
or guardian, or if he or she is over twenty-one 
years of age, by some responsible citizen and 
shall deliver said note to the state board of 
health. Each note shall be payable to the state 
and shall bear interest at the rate of five per 
cent per annum from the date of the note ; said 
note shall provide for any and all costs of col- 



Ch. 402 



MENTAL HEALTH 



Ch. 402 



lection to be assessed against and paid by the 
maker of the note ; said note shall be delivered 
by the board to the department for collection 
and/or final disposition. 

History. — Comp. {6, ch. 29880, 1955 

402.07 Payment of notes. — Prior to the 
award of a scholarship and/or stipend pro- 
vided herein for trainees in psychiatric social 
work, psychiatry, clinical psychology, and psy- 
chiatric nursing, the recipient thereof must 
agree in writing to practice his or her profes- 
sion in the employ of the state for one year for 
each year of grant immediately after gradua- 
tion or, in lieu thereof, to repay the full amount 
of the scholarship and/or stipend, together with 
interest at the rate of five per cent per annum. 

History.— §7. Ch. 29880, 1955; jl, ch. 59-249. 

402.081 Advisory committee on mental 
health. — 

(1) There is hereby created an advisory 
committee on mental health composed of seven 



members who shall be appointed by the gov- 
ernor from the state at large and who shall 
serve at his pleasure. 

(2) At the earliest practicable date said 
advisory committee shall take such steps as are 
necessary to secure a comprehensive survey of 
the mental health program in this state. The 
purpose of the survey shall be to insure that 
said mental health program is being effectively, 
efficiently and economically operated. 

(3) The members of the advisory committee 
shall receive no compensation but shall be 
reimbursed for travel expense as provided by 
law for state officers and employees. 

(4) There is hereby appropriated from the 
general revenue fund of the state to the ad- 
visory committee on mental health the sum of 
twenty-five thousand dollars to be used by said 
committee in carrying out the purpose of this 
act. 

History.— 1| 1-4, ch. 61-226. 
cf. — {112.061 Travel expenses of state officers and employees. 



Ch. 403 



FLORIDA AIR POLLUTION CONTROL COMMISSION 



Ch. 403 



CHAPTER 403 
FLORIDA AIR POLLUTION CONTROL COMMISSION 



403.01 


Short title. 


403.12 


Creation and dissolution of districts for 


403.02 


Definitions. 




control. 


403.03 


Commission; membership; appoint- 


403.13 


Complaint; remedy. 




ment. 


403.14 


Notice; hearing. 


403.04 


Commission; terms of office. 


403.15 


Hearing procedure. 


403.05 


Commission ; removal from office. 


403.16 


Subpoena power. 


403.06 


Commission; compensation; expenses. 


403.17 


Violation ; time for correction. 


403.07 


Commission ; organization. 


403.18 


Injunctive relief; penalty. 


403.08 


Employment of personnel. 


403.181 Petition for rehearing. 


403.09 


Commission; functions, powers, rules 


403.19 


Review of actions and decisions; ap- 




and regulations; existing regulations 




peals. 




saved. 


403.20 


Construction in relation to other law. 


403.10 


Board; functions, powers. 


403.211 


Appropriation. 


403.11 


Hearings. 







403.01 Short title.— This chapter shall be 
known and may be cited as the "Florida air pol- 
lution control law." 

History. — Comp. |1, ch. 57-369. 

403.02 Definitions. — In this chapter the fol- 
lowing words shall mean : 

(1) "Commission" — the Florida air pollu- 
tion control commission; 

(2) "Board" — the state board of health ; , 

(3) "Air pollution" — the presence in _ the 
outdoor atmosphere of substances in quantities 
which are injurious or reasonably could be 
expected to become injurious to human, plant 
or animal life, provided that all aspects of em- 
ployer-employee relationship as to health and 
safety hazards are excluded ; and provided fur- 
ther, the term "air pollution" shall not be 
deemed to include smoke effluent from pulp or 
paper mills equipped with and operating elec- 
trostatic precipitators or other mechanical de- 
vices whereby not less than ninety per cent of 
the solids of such smoke are removed therefrom. 

(4) "Person" or "persons" — any individual, 
firm, partnership, corporation, association or 
other organization. 

History.— §2, ch. 57-369; (3) §1, ch. 59-403; (4) n. §1, ch. 63-392. 

403.03 Commission; membership; appoint- 
ment. — There is hereby created in the state 
board of health the Florida air pollution con- 
trol commission. The commission shall consist 
of ten members, residents of Florida, to be ap- 
pointed by the governor as follows : 

(1) The state health officer or some mem- 
ber of the staff of state board of health desig- 
nated by him; 

(2) The commissioner of agriculture or a 
member of the department of agriculture desig- 
nated by the commissioner; 

(3) A person actively engaged in the rais- 
ing of cattle. 

(4) The director of the Florida industrial 
commission or a member of its staff designated 
by the director; 

(5) One professional engineer experienced 
in sanitary engineering; 

(6) Two representatives from industry; 

(7) Two discreet citizens of the state repre- 
senting the general public. 



(8) A person actively engaged in the grow- 
ing of citrus. 

History.— §3, ch. 57-369; $2, ch. 59-403. 

403.04 Commission; terms of office. — The 

members of the first commission shall be ap- 
pointed as follows: One for one year; two for 
two years; three for three years; and three 
for four years. Thereafter all appointments 
shall be for terms of four years. A member 
appointed to fill a vacancy shall be appointed 
for the unexpired term only. 

History. — Comp. §4, ch. 57-369. 

403.05 Commission; removal from office. — 

The governor may remove from office any ap- 
pointed member for cause after public hearing. 

History. — Comp. §5, ch. 57-369. 

403.06 Commission; compensation; expen- 
ses. — Members of the commission shall serve 
without compensation but shall be entitled to 
per diem and travel expenses as provided by 
§112.061. 

History.— Comp. §6, Ch. 57-369. 

403.07 Commission; organization. — The com- 
mission shall elect annually a chairman and 
vice-chairman from its membership. Five mem- 
bers of the commission shall constitute a 
quorum to transact its business, except that 
any action shall be by at least a majority of 
the entire commission. The commission shall 
have the authority to employ an executive as- 
sistant and necessary clerical help as it may 
deem necessary to carry out the provisions of 
the law. This personnel shall serve on the staff 
of the agency charged with air pollution control 
in the Florida state board of health. The state 
sanitary engineer or other professional em- 
ployee designated by him with the concurrence 
of the commission shall serve as the secretary 
of the commission. 

History.— §7, ch. 57-369; 81, ch. 61-451; 52, ch. 63-392. 

403.08 Employment of personnel. — The 

board with the approval of the commission shall 
have the power to employ personnel as it may 
deem necessary to carry out the purposes of 
this chapter. 

History. — Comp. 88, ch. 57-369. 



Ch. 403 



FLORIDA AIR POLLUTION CONTROL COMMISSION 



Ch. 403 



403.09 Commission; functions, powers, rules 
and regulations; existing regulations saved. — 

(1) The commission shall have the power 
to consult with the board on matters of policy, 
administration, procedures, and any other mat- 
ters pertaining to the carrying out of this chap- 
ter, including the discharge by the board of 
the powers conferred upon it by §403.10. 

(2) The commission shall have the power 
to promulgate, amend and repeal regulations 
as it may deem necessary: 

(a) Without prior notice and hearing, to 
control and regulate the internal affairs of, and 
procedures before the commission; 

(b) To control and prohibit pollution of the 
air in any air control district heretofore or 
hereafter created ; provided, however, no rule or 
regulation, or amendment or repeal thereof, af- 
fecting any district or districts shall be adopted 
under the provisions of this chapter except 
after public hearing to be held after thirty 
days prior notice by publication thereof, in 
every county of any district affected, at least 
one time in a newspaper published in and 
having general circulation in the county or 
counties so affected, and there shall be stated 
in such notice the date, time and place of the 
hearing at which time opportunity to be heard 
by the commission with respect thereto shall 
be given to the public; provided, further, no 
rule or regulation shall be adopted unless a 
need for such action is shown by a preponder- 
ance of the evidence introduced at such public 
hearing. 

(3) The commission shall be a separate 
commission within the board and responsible 
directly to the board. 

(4) Any regulation adopted and any air 
control districts created by the commission pri- 
or to June 19, 1959 shall continue in effect 
until repealed by the commission. 

(5) In cooperation with the state health 
officer or his designated representatives, rep- 
resentatives of the commission shall prepare 
the budget for air pollution control activities. 
The budget as approved by the commission 
shall be submitted by the board. 

(6) In event a new industry or plant here- 
after shall locate, or propose to locate, in any 
county of this state which emits, or may emit, 
substances which may constitute air pollution 
as denned herein, it shall be the duty of any 
municipality with respect to any such industry 
or plant proposed to be located within its 
corporate limits and the duty of the board of 
county commissioners with respect to any in- 
dustry or plant proposed to be located without 
the corporate limits of any municipality, to 
notify the commission within thirty days 
after obtaining knowledge thereof and the 
commission shall forthwith advise the owners 
or operators of the industry or plant, or pro- 
posed industry or plant, that the advisory serv- 
ices of the commission are and will be made 
available to such owners or operators. The 
owners or operators may request (but shall not 
be required so to do) that a reasonable ad- 
visory criteria be prescribed with respect to 



the purity of the air to be maintained in the 
vicinity of the industry or plant and the ex- 
tent to which substances may be emitted with- 
out creating concentrations which will pollute 
the air. 

History.— §9, ch. 57-369; 83, oh. 59-403; (5) and (6) n. by 
82. ch. 61-451. 

403.10 Board; functions, powers. — The board 
shall control air pollution in accordance with 
the rules and regulations adopted and promul- 
gated by the commission and for this purpose 
shall have power to: 

(1) Conduct and supervise research pro- 
grams for the purpose of determining the 
causes, effect and hazards of air pollution; 

(2) Conduct and supervise state-wide pro- 
grams of air pollution control education includ- 
ing the preparation and distribution of in- 
formation relating to air pollution control; 

(3) Require the registration of persons en- 
gaged in operations which may result in air 
pollution in any air control district and the 
filing of reports by them containing informa- 
tion relating to location, size of outlet, height 
of outlet rate and period of emission and com- 
position of effluent and such other information 
as the board shall prescribe to be filed relative 
to air pollution. The requirement for filing of 
reports shall be conditional upon either the 
consent of the person engaged in operations 
which may result in air pollution or the direc- 
tion of the board which direction may be issued 
only after a hearing upon notice to the person 
engaged in such operation. 

(4) Enter and inspect any building or place 
except private residences, for the purpose of 
investigating an actual or suspected source of 
air pollution in any air control district and as- 
certaining compliance or noncompliance with 
the rules and regulations adopted and pro- 
mulgated by the commission. The right to enter 
and inspect shall be conditional upon either the 
consent of the owner or lessee of the premises 
or the direction of the board, which direction 
may be issued only after hearing upon notice 
to the owner or lessee of the premises. Before 
any entry and inspection is made the person 
who is to make the same shall sign a statement 
in the presence of and witnessed by a notary 
public or other officer qualified to take ac- 
knowledgment, that all information shall be 
kept confidential except as it relates directly 
to air pollution. If samples are taken for anal- 
ysis, the same shall be taken in the presence 
of a representative of the company. A duplicate 
of the analytical report shall be furnished 
promptly to the person suspected of causing air 
pollution ; 

(5) Receive or initiate complaints of air 
pollution, hold hearings in connection with air 
pollution and institute legal proceedings for the 
prevention of air pollution and for the recovery 
of penalties in accordance with this chapter; 

(6) Cooperate with and receive money from 
the federal government or any county or munic- 



Ch. 403 



FLORIDA AIR POLLUTION CONTROL COMMISSION 



Ch. 403 



ipal government or from private sources for 
the study and control of air pollution. 

History. — Comp. {10, ch. 57-369. 

403.11 Hearings. — Any hearing held before 
the commission under the provisions of this 
chapter shall be held before five or more mem- 
bers of the commission designated by the chair- 
man and any member shall have the power to 
subpoena witnesses and compel their attend- 
ance, administer oaths, and require the produc- 
tion for examination of books or papers, ex- 
cluding financial records, relating to any mat- 
ter under investigation in any such hearing. 
Any information as to secret processes or 
methods of manufacture or production shall not 
be disclosed in public hearing before the com- 
mission, insofar as practicable and shall be 
kept confidential. 

History. — Comp. 511, ch. 57-369. 

403.12 Creation and dissolution of districts 
for control. — The commission may organize and 
create within the state such air control dis- 
tricts as are necessary for the control of air 
pollution as herein defined, to consist of one 
county or any part thereof, or two or more 
counties or parts thereof. No district shall be 
created or dissolved by the commission except 
pursuant to a hearing after prior notice has 
been given in the same manner and for the 
same period as is required by §403.09 for the 
adoption of rules and regulations, but no such 
district shall be created or dissolved by the 
commission unless a necessity therefor shall be 
established by a preponderance of evidence at 
a hearing. Such hearings may be called by the 
commission : 

(1) Upon petition from the board of coun- 
ty commissioners of any county or the boards 
of county commissioners of any combination of 
counties in this state as may be wholly or 
partly within any area proposed to be created 
as a district; or 

(2) Upon petition signed by fifteen per cent 
of the freeholders, according to the most re- 
cent list of registered freeholders as disclosed 
by the records in the office of the supervisors 
of registration of the county or counties con- 
cerned, of any territory proposed to be includ- 
ed in any such district; or 

(3) Upon a petition by the board after in- 
vestigation that a necessity exists for such ac- 
tion. 

History.— §12, ch. 57-369; §3, ch. 61-451. 

403.13 Complaint; remedy. — In the event a 
complaint is filed with the board, or should the 
board have cause to believe that any person is 
violating any rule or regulation promulgated 
by the commission, the board shall cause a 
prompt investigation to be made in connection 
therewith and if it shall determine after in- 
vestigation that a violation of any rule or regu- 
lation of the commission exists, it shall im- 
mediately endeavor to eliminate any source or 
cause of air pollution resulting from such vio- 
lation by conference, conciliation and persua- 
sion. 

History.— Comp. §13, ch. 57-369. 



403.14 Notice; hearing. — Should the board, 
within a period of sixty days after the filing of 
the complaint with the board that any person 
is violating any rule or regulation promulgated 
by the commission, or within a period of sixty 
days after the board has cause to believe that 
such a violation exists, fail by conference, con- 
ciliation and persuasion to correct or remedy 
such violation, it shall cause to be issued and 
served a written notice together with a copy 
of the complaint filed with or initiated by it in 
connection with the violation, requiring the 
person named in the complaint to answer the 
charges thereof at a hearing before the com- 
mission at a time and place to be specified in 
the notice. 

History.— §14, ch. 57-369; §3, ch. 63-392. 

403.15 Hearing procedure. — The respondent 
to such complaint may file a written answer 
thereto and may appear at such hearing in per- 
son or by representative, with or without coun- 
sel and submit testimony or both. The testi- 
mony taken at the hearing shall be under oath 
and recorded stenographically, but the parties 
shall not be bound by the strict rules of evi- 
dence prevailing in the courts of law and equity 
at the hearing. True copies of any transcript 
and of any other record made of or at the hear- 
ing shall be furnished to the respondent at his 
request and at his expense. 

History.— Comp. §15, ch. 57-369. 

403.16 Subpoena power. — Any hearing re- 
quired by this chapter to be held before the 
commission with respect to any proceeding 
instituted under §403.14, shall be held before 
the commission, or by the representative or rep- 
resentatives thereof designated by resolution of 
the commission, who shall have power to sub- 
poena witnesses and compel their attendance, 
administer oaths and require the production 
for examination of any books or papers, exclud- 
ing financial records, relating to any matter 
being investigated at the hearing. The commis- 
sion at the request of any respondent to a 
complaint made by it or to it, pursuant to this 
chapter, shall subpoena and compel the attend- 
ance of witnesses designated by the respondent 
and require the production for examination of 
any books and papers relating to any matter 
being investigated at the hearing. 

History. — Comp. §16, ch. 57-369. 

403.17 Violation; time for correction. — If 

at the hearing, the commission shall determine 
that the person against whom the complaint 
was made is violating any rule or regulation 
promulgated by the commission, it shall fix a 
time during which said person shall be required 
to take such measures as may be necessary to 
prevent the same and give periodic progress 
reports. That time shall not exceed sixty days 
unless the commission shall find that more than 
sixty days are reasonably necessary. Any infor- 
mation as to secret processes or methods of 
manufacture or production revealed by such 



Ch. 403 



FLORIDA AIR POLLUTION CONTROL COMMISSION 



Ch. 403 



periodic progress reports shall be kept confi- 
dential. 

History.— §17, ch. 57-369; 84, ch. 63-392. 

403.18 Injunctive relief; penalty. — If such 
preventive or corrective measures are not taken 
in accordance with the order of the commission, 
the commission shall institute proceedings in 
any court of competent jurisdiction for injunc- 
tive relief to prevent any further violation of 
such rule or regulation. Said court shall have 
the power to grant such injunctive relief upon 
notice and hearing. The commission shall not 
be required to furnish an injunction bond pur- 
suant to a final decree, but an injunction bond 
may be required by the court pending a final 
decree as provided by law. 

History.— §18, ch. 67-369; §5, ch. 63-392. 

403.181 Petition for rehearing. — Any per- 
son whose interest is substantially affected by 
any ruling of the commission may file a peti- 
tion for a rehearing before the commission, 
provided the petition for such rehearing is filed 
within thirty days from the entry of the ruling 
of the commission. 

History.— §4, ch. 61-451. 

403.19 Review of actions and decisions; ap- 
peals. — 

(1) Any person whose interest is substanti- 
ally affected by the adoption or repeal of any 
rule or regulation by the commission may ob- 
tain a judicial declaration as to the validity, 
meaning or application of such rule or regula- 
tion by bringing an action for a declaratory 
judgment in the circuit court of the county in 
which such person resides or in which the 
executive offices of the agency are maintained. 

(2) (a) Any person whose interest is sub- 
stantially affected by the entry of any order of 
the commission, including without limitation, 
orders creating or dissolving districts as 
herein provided, shall be subject to review 
by the district court of appeals exercising 
jurisdiction over the major portion of the 
area in which the air control district lies, by 
filing notice of appeal with the secretary of the 
commission within thirty days after the adop- 
tion of any such rule or regulation or entry 
of the order of the commission, or within twen- 
ty days after any rehearing is denied, which- 
ever is later. 

(b) Within twenty days from the receipt 



of appeal the secretary of the commission shall 
prepare or have prepared and forwarded to the 
appellant or his attorney a transcript of the 
proceedings together with a copy of the order 
or decision of the commission and a copy of the 
notice of appeal. All documents shall be certi- 
fied by the secretary. The appellant shall pay 
all costs incident to the preparation of said 
record and all copies thereof desired by said 
appellant. 

History.— §19, ch. 57-369; §4, ch. 59-403; (1) a. by §5, ch. 
61-451; (2) §6, ch. 63-392; §37, ch. 63-512. 

403.20 Construction in relation to other 
law. — 

(1) No civil or criminal remedy for any 
wrongful action which is a violation of any 
rule or regulation of the commission shall be 
excluded or impaired by the provisions of this 
chapter. 

(2) No ordinances or regulations of a 
municipality or county or board of health not 
inconsistent with this chapter or any rules or 
regulations promulgated pursuant thereto shall 
be superseded by this chapter. Nothing in this 
chapter or any rules or regulations promul- 
gated pursuant thereto shall preclude the right 
of any governing body of a municipality or 
county or board of health to adopt ordinances 
or regulations promulgated pursuant thereto. 

(3) The powers, duties and functions vested 
in the board under the provisions of this chap- 
ter shall not be construed to affect in any man- 
ner the powers, duties and functions vested 
in the board under any other provision of law. 

(4) The failure of any owner or operator 
within any air control district to institute pre- 
ventive or corrective measures in accordance 
with the order of the commission shall con- 
stitute a misdemeanor, and a fine of up to 
$300.00 may be levied against the violator. 
Each day of continued violation shall consti- 
tute a separate offense and may be punishable 
in a like manner. Penalties collected shall re- 
vert to the general revenue fund of the state. 

History.— §20, ch. 57-369; (4) n. by §6, ch. 61-451. 

403.211 Appropriation. — The board shall in- 
clude in its legislative budget request the esti- 
mated amounts needed for the purpose of 
carrying out the provisions of this chapter and 
the legislature shall appropriate such amounts 
as it deems necessary for this purpose. 

History.— §2, ch. 61-26. 



Ch. 404 



FLORIDA BARBITURATE LAW 



Ch. 404 



CHAPTER 404 
FLORIDA BARBITURATE LAW 



404.01 Definitions. 

404.02 Prohibited acts. 

404.03 Exemptions, general. 

404.04 Exemptions, additional. 

404.05 Records. 

404.06 Inspection. 

404.07 Contraband. 

404.08 Seizure and forfeiture of vessel, vehicle, 

or aircraft illegally used. 

404.01 Definitions.— For the purposes of 
this chapter: 

(1) The words "barbiturate" or "barbitu- 
rates" mean each of the salts and derivatives 
of barbituric acid, also known as "malonyl 
urea," and derivatives, compounds, mixtures or 
preparations thereof; and "barbiturate" or 
"barbiturates" shall include hypnotic and som- 
nifacient drugs, whether or not derivatives of 
barbituric acid, except that this law shall not 
apply to narcotics, as now or hereafter defined 
by the legislature of Florida, or bromides. 

(2) The words "central nervous system 
stimulant" or "central nervous system stimu- 
lants" means amphetamine, desoxyephedrine 
(methamphetamine), mephentermine, pipradol, 
phenmetrazine, methylphenidylacetate or any 
of the salts of any of the foregoing. 

(3) The word "delivery" means selling, dis- 
pensing, giving away, leaving with, or supply- 
ing in any other manner. 

(4) The word "patient" means, as the case 
may be: 

(a) The individual medically requiring a 
barbiturate or a central nervous system stimu- 
lant, for whom a barbiturate or central nervous 
system stimulant is prescribed, or to whom a 
barbiturate or a central nervous system stimu- 
lant is administered; or 

(b) The owner or the agent of the owner of 
an animal medically requiring a barbiturate or 
a central nervous system stimulant, for which 
a barbiturate or a central nervous system 
stimulant is prescribed, or to which a barbitu- 
rate or a central nervous system stimulant is 
administered. 

(5) The word "person" includes individual, 
corporation, partnership, and association. 

(6) The word "practitioner" means a per- 
son authorized by law to practice medicine, 
osteopathic medicine, dentistry, veterinary 
medicine, or naturopathic physicians who have 
been actively practicing in and licensed by the 
state for a period of at least fifteen years prior 
to October 1, 1957. 

(7) The word "pharmacist" means a person 
authorized by law to practice pharmacy in this 
state. 

(8) The word "prescription" means an order 
written or signed or transmitted by word of 
mouth, telephone or telegraph or other means 
of communication issued in good faith in the 
course of professional practice only, by a prac- 



404.09 Procedure to have vessel, vehicle, or 

aircraft forfeited or sold. 

404.10 Rights of mortgagee or vendor. 

404.11 Injunctions. 

404.12 Rules and regulations. 

404.13 Exceptions and exemptions not required 

to be negatived. 

404.14 Notice of conviction to be sent to 

licensing board or officer. 

404.15 Penalties. 

titioner to a pharmacist for a barbiturate or a 
central nervous system stimulant for a particu- 
lar patient, which specifies the date of its 
issue, the name and address of such practition- 
er, the name and address of the patient (and, 
if such barbiturate or central nervous system 
stimulant is prescribed for an animal, the 
species of such animal), the name and quantity 
of the barbiturate or central nervous system 
stimulant prescribed, the directions for the use 
of such drug, and the record so made shall 
constitute the original prescription to be filled 
and preserved by the pharmacist. 

(9) The word "manufacturer" means a per- 
son who manufactures barbiturates and cen- 
tral nervous system stimulants, and includes 
persons who prepare such drugs in dosage 
forms by mixing, compounding, encapsulating, 
entableting, packaging, or other process, but 
does not include a pharmacist who merely pack- 
ages, prepares or compounds drugs to fill pre- 
scriptions received, or to be received by him 
from practitioner. 

(10) The word "wholesaler" means a per- 
son engaged in the business of distributing 
barbiturates and central nervous system stimu- 
lants to persons included in any of the classes 
named in §404.04(2) (a)-(f). 

History. — Camp. f 1, ch. 57-384. 

404.02 Prohibited acts.— The following shall 
be unlawful : 

(1) The delivering or causing to be deliver- 
ed any barbiturate or central nervous system 
stimulant, except as provided in §404.04, unless 

(a) Such barbiturate or central nervous 
system stimulant is delivered by a pharmacist 
in good faith, upon a prescription, or an author- 
ized refill thereof, as hereinafter provided, and 
there is affixed to the original container in 
which such drug is delivered a label bearing: 

1. The name and address of the establish- 
ment from which such drug was delivered; 

2. The date on which the prescription for 
such drug was filled; 

3. The number of such prescription as filed 
in the prescription files of the pharmacist who 
filled such prescription; 

4. The name of the pharmacist and his li- 
cense number; 

5. The name of the practitioner who pre- 
scribed such drug; 

6. The name of the patient, and if such 



Ch. 404 



FLORIDA BARBITURATE LAW 



Ch. 404 



drug was prescribed for an animal a statement 
showing the species of the animal ; and 

7. The directions for the use of the drug 
as contained in the prescription ; or 

(b) Such barbiturate or central nervous 
system stimulant is delivered or administered 
by a practitioner in good faith and in the course 
of professional practice only, and the original 
container in which such drug is delivered 
bears a label on which appears the date of 
delivery, the directions for use of such drug, 
the name of such practitioner, the name of the 
patient, and if such drug is prescribed for an 
animal a statement showing the species of the 
animal. 

(2) The refilling of any prescription for a 
barbiturate or a central nervous system stimu- 
lant unless and to the limited extent designated 
on the prescription by the practitioner, or sub- 
sequently authorized by him. 

(3) The delivery of a barbiturate or a cen- 
tral nervous system stimulant upon written 
prescription unless the pharmacist who filled 
such prescription files and retains it for a 
period of two years. 

(4) The actual or constructive possession 
or control of a barbiturate or a central nervous 
system stimulant by any person unless such 
person obtained such drug on the written pre- 
scription of a practitioner or unless such per- 
son obtained such drug by direct delivery from 
a practitioner for bona fide medical use, and 
except as provided in §404.04. 

(5) The refusal to make available and to 
afford full opportunity to check any record, 
file, stock or inventory, as required by §404.06. 

(6) The failure to keep records, as required 
by §404.05. 

(7) The using by any person to his own 
advantage, or the revealing of any information 
required under the authority of §404.06, con- 
cerning any method or process which, as a 
trade secret, is entitled to protection, except 
to law enforcement officers, or an officer or 
employee of the Florida board of health, or to 
a court when relevant in a judicial proceeding 
under this chapter. 

(8) Obtaining or attempting to obtain a 
barbiturate or a central nervous system stimu- 
lant, or procuring or attempting to procure the 
administration of a barbiturate or a central 
nervous system stimulant: 

(a) By fraud, deceit, misrepresentation or 
subterfuge, or 

(b) By the forgery or alteration of a pre- 
scription, or 

(c) By the concealment of a material fact, 
or 

(d) By the use of a false name or the giving 
of a false address. 

(9) Making a false statement in any pre- 
scription, order, report, or record referred to in 
this chapter. 

(10) Falsely assuming the title of, or false- 
ly representing any person to be, a manufactur- 
er, wholesaler, pharmacist, physician, dentist, 
veterinarian, or other authorized person, for 



the purpose of obtaining a barbiturate or a 
central nervous system stimulant. 

(11) Making, issuing or uttering any false or 
forged prescription. 

(12) Affixing any false or forged label to 
a package or receptacle containing a barbitu- 
rate or a central nervous system stimulant. 

History.— Comp. §2, ch. 57-384. 

404.03 Exemptions, general. — Nothing in 
this chapter shall apply to any compound, mix- 
ture, or preparation containing, in addition to 
a barbiturate or a central nervous system 
stimulant, a sufficient quantity of another po- 
tent drug or drugs to prevent its use as a 
hypnotic, or a somnifacient, or a central nerv- 
ous system stimulant, as the case may be. 

History. — Comp. §3, ch. 57-384. 

404.04 Exemptions, additional. — The pro- 
visions of §404.02 (1) and (4) shall not be ap- 
plicable to: 

(1) The delivery for medical or scientific 
purposes only of barbiturates or central nerv- 
ous system stimulants to persons included in 
any of the classes hereinafter named, or to the 
agents or employees of such persons, for use in 
the usual course of their business or practice 
or in the performance of their official duties, 
as the case may be, or 

(2) The actual or constructive possession 
or control of barbiturates or central nervous 
system stimulants by such persons or their 
agents or employees for such employees for 
such use, to-wit: 

(a) Pharmacists. 

(b) Practitioners. 

(c) Persons who procure barbiturates or 
central nervous system stimulants for disposi- 
tion in good faith and in the course of profes- 
sional practice only, by or under the super- 
vision of pharmacists or practitioners employed 
by them; or for the purpose of lawful research, 
teaching, or testing, and not for resale, includ- 
ing medical schools. 

(d) Hospitals and other institutions which 
procure barbiturates or central nervous system 
stimulants for lawful administration by prac- 
titioners, but only for use by or in the partic- 
ular hospital or other institution. 

(e) Officers or employees of federal, state 
or local governments acting in their official 
capacity only, or informers acting under their 
jurisdiction. 

(f) Manufacturers, wholesalers, carriers, 
and warehousemen. 

History. — Comp. §4, ch. 57-384. 

404.05 Records. — Persons designated in 
§404.04, except carriers and warehousemen, of- 
ficers active in official capacity, shall keep such 
records pertaining to barbiturates and central 
nervous system stimulants for two years. 

History. — Comp. §5, ch. 57-384. 

404.06 Inspection. — Prescriptions, files and 
records required by or under the authority of 
this chapter, and stocks of barbiturates and 



Ch. 404 



FLORIDA BARBITURATE LAW 



Ch. 404 



central nervous system stimulants, shall be 
open for inspection to officers and employees 
of the Florida board of health. No person hav- 
ing knowledge by virtue of his office of any 
such prescriptions, files or records shall divulge 
such knowledge, except in connection with a 
prosecution or proceeding in court, or before a 
licensing or registration board or officer, to 
which prosecution or proceeding the person to 
whom such prescriptions, files or records relate 
is a party. 

History. — Comp. 56, ch. 57-384. 

404.07 Contraband. — All barbiturates and 
central nervous system stimulants, as herein 
defined, which may be handled, delivered, pos- 
sessed, or distributed contrary to any provision 
of this chapter shall be and the same are hereby 
declared to be contraband, and shall be sub- 
ject to seizure and confiscation by any law en- 
forcement officer of this state, or any political 
subdivision thereof, and by any officer or em- 
ployee of the Florida board of health. 

History. — Comp. f 7, oh. 67-384. 

404.08 Seizure and forfeiture of vessel, ve- 
hicle, or aircraft illegally used. — 

(1) Any vessel, vehicle, or aircraft which 
has been or is being used in violation of any 
provision of this chapter, or in, upon, or by 
means of which any violation of this chapter 
has taken or is taking place may be seized 
and forfeited, provided that no vessel, vehicle, 
or aircraft used by any person as a common 
carrier, in the transaction of business as such 
common carrier, shall be forfeited under the 
provisions of this chapter unless it shall appear 
that in the case of a railway car or engine, the 
owner, or in the case of any other such vessel, 
vehicle, or aircraft the owner or the master 
of such vessel, or the owner or conductor, driv- 
er, pilot, or other person in charge of such ve- 
hicle, or aircraft, was at the time of the alleged 
illegal act a consenting party thereto; provided 
further that no vessel, vehicle, or aircraft shall 
be forfeited under the provisions of this chap- 
ter by reason of any act or omission established 
by the owner thereof to have been committed, 
or omitted, by any person other than such own- 
er while such vessel, vehicle, or aircraft was 
unlawfully in the possession of a person who 
acquired possession thereof in violation of the 
criminal law of the United States, or of this 
state or any political subdivision thereof. 

(2) Any law enforcement agency is em- 
powered to authorize or designate officers, 
agents, or other persons to carry out the seizure 
provisions of this section. It shall be the 
duty of any officer, agent, or other person so 
authorized or designated, or authorized by law, 
whenever he shall discover any vessel, vehicle, 
or aircraft which has been or is being used in 
violation of any of the provisions of this chap- 
ter, or in, upon, or by means of which any 
violation of this chapter has taken or is taking 
place, to seize such vessel, vehicle, or aircraft 
and to place it in the custody of such person as 



may be authorized or designated for that pur- 
pose by the respective law enforcement agency, 
pursuant to these provisions. 

History. — Comp. §8, ch. 57-384. 

404.09 Procedure to have vessel, vehicle, or 
aircraft forfeited or sold. — 

(1) The state attorney within whose juris- 
diction the vessel, vehicle, or aircraft has been 
seized because of its use or attempted use in 
violation of any provision of this chapter shall 
proceed against the vessel, vehicle, or aircraft 
by rule to show cause in the circuit court hav- 
ing jurisdiction of the offense, and have it for- 
feited to the use of or the sale by the law en- 
forcement agency making the seizure on pro- 
ducing due proof that the vehicle was being 
used in violation of the provision of this chap- 
ter. 

(2) Where it appears by affidavit that the 
residence of the owner of the vessel, vehicle, or 
aircraft is out of the state, or is unknown to 
the state attorney, the court shall appoint an 
attorney-at-law to represent the absent owner 
against whom the rule shall be tried contradic- 
torily within ten days after its filing. This af- 
fidavit may be made by the state attorney or 
one of his assistants. The attorney so appoint- 
ed may waive service and citation of the peti- 
tion or rule, but shall not waive time nor any 
legal defense. 

(3) Whenever the head of the law enforce- 
ment agency effecting the forfeiture deems it 
necessary or expedient to sell the property for- 
feited, rather than retain it to the use of the 
law enforcement agency, he shall cause an ad- 
vertisement to be inserted in an official news- 
paper of the county where the seizure was 
made, and after ten days shall dispose of said 
property at public auction to the highest bidder 
for cash and without appraisal. 

(4) The proceeds of all funds collected 
from any such sale shall be paid into the gen- 
eral fund of the county in which the seizure 
and sale was made. 

History. — Comp. §9, ch. 57-384. 

404.10 Rights of mortgagee or vendor. — The 

rights of any bona fide holder of a duly record- 
ed mortgage, or duly recorded vendor's privi- 
lege, on the property seized under this chapter 
shall not be affected by the seizure. 

History. — Comp. {10, ch. 57-384. 

404.11 Injunctions. — The Florida board of 
health shall have the right to institute an ac- 
tion in its own name to enjoin the violation 
of any of the provisions of this chapter. Said 
action for an injunction shall be in addition to 
any other action, proceeding, or remedy author- 
ized by law. 

History. — Comp. $11, ch. 67-384. 

404.12 Rules and regulations. — The Florida 
board of health shall, from time to time, adopt 
such rules and regulations as may be reason- 
ably necessary to implement and carry out the 
purpose of this chapter. 

History.— Comp. {12, ch. 67-384. 



Ch. 404 



FLORIDA BARBITURATE LAW 



Ch. 404 



404.13 Exceptions and exemptions not re- 
quired to be negatived. — In any complaint, in- 
formation, or indictment, and in any action or 
proceeding brought for the enforcement of any 
provisions of this chapter, it shall not be nec- 
essary to negative any exception, excuse, pro- 
viso, or exemption contained in this chapter, 
and the burden of proof in any such exception, 
excuse, proviso, or exemption shall be upon the 
defendant. 

History. — Comp. (13, ch. 57-384. 

404.14 Notice of conviction to be sent to li- 
censing board or officer. — On the conviction of 
any person of the violation of any provision of 
this chapter a copy of the judgment and 
sentence and of the opinion of the court, if any 
opinion be filed, shall be sent by the clerk of 
the court to the board or officer, if any, by 
whom the convicted defendant has been licensed 
or registered to practice his profession or to 
carry on his business. On the conviction of any 
such person the court may, in its discretion, 
recommend to the respective licensing board or 
officer the suspension or revocation of the 
registration or license of the convicted defend- 



ant to practice his profession or to carry on his 
business. 

History. — Comp. §14, ch. 57-384. 

404.15 Penalties. — Any person who violates 
any of the provisions of this chapter shall, 
upon conviction thereof, be punished by a fine 
of not more than $1,000.00, or shall be imprison- 
ed in the state penitentiary for not more than 
2 years, or both such fine and imprisonment. 
For any second offense any person violating 
any provision of this chapter shall be punished 
by fine of not more than $5,000.00, or shall be 
imprisoned in the state penitentiary for not less 
than 2 years, nor for not more than 5 years, or 
both such fine and imprisonment. For any third 
or succeeding offense any person violating any 
provision of this chapter shall be punished by 
a fine of not more than $10,000.00, or shall be 
imprisoned in the state penitentiary for not 
less than 5 years, nor for more than 10 years, 
or both such fine and imprisonment. Any prac- 
titioner, as defined in §404.01(6), or any phar- 
macist," as defined by §404.01(7), upon a third 
conviction his license to practice in Florida 
shall be automatically revoked. 

History. — Comp. |15, ch. 67-384. 






TITLE XXVIII 



SOCIAL WELFARE 



CHAPTER 409 
DEPARTMENT OF PUBLIC WELFARE 



409.01 

409.02 
409.03 
409.04 
409.05 
409.06 

409.07 

409.08 



409.09 

409.10 

409.11 

409.111 

409.12 

409.13 

409.15 

409.16 

409.162 

409.17 
409.18 
409.182 

409.183 



State department of public welfare; 
state board; membership; terms, etc. 

Functions. 

Care of children. 

Institutional care for children. 

Licenses. 

Supervision of state institutions for 
children. 

Study of causes of dependence; reha- 
bilitation. 

Administrative districts for the pur- 
pose of and to facilitate and aid in 
the administration of this chapter. 

District welfare boards created. 

Employees. 

State welfare director. 

Salary of director; assistant. 

Department to be corporation. 

Depositary of funds. 

Institutions. 

Old age assistance. 

Recipients permitted to work for added 
income. 

Aid to the blind. 

Dependent children. 

Dependent children; support by rela- 
tives. 

Assistance for dependent children; 
registration of common law mar- 
riages. 



409.01 State department of public welfare; 
state board; membership; terms, etc. — There 
is hereby created a state department of public 
welfare for the purpose of administering public 
assistance and related welfare programs in the 
state as hereinafter set forth. The state de- 
partment of public welfare, hereinafter re- 
ferred to as the department, shall be admin- 
istered by a state welfare board, hereinafter 
referred to as the state board, consisting of 
nine citizens of the state who shall be ap- 
pointed by the governor and confirmed by the 
senate for terms of four years each, appoint- 
ments to fill vacancies to be for the unexpired 
term. One member shall be appointed from 
each of the congressional districts of the state 
as constituted on January 1, 1959, and one mem- 
ber from the state at large, the term of the 
present member of the state board from the 
state at large to continue until the expiration 
of his term on July 2, 1960, the members from 
districts one, three and six to continue until 
July 2, 1959, and the member from district 



409.19 Opportunity for hearing and appeal. 

409.20 Reports. 

409.21 Federal cooperation. 

409.24 Department may sell certain property 

and accept certain fees. 
409.30 Public assistance; payment on death. 

409.33 Appropriation to the state welfare 

board and transfer of surplus funds. 

409.34 Destruction of records. 

409.35 Photographing, etc., of records; ad- 

missible as evidence. 

409.36 Fraud. 

409.361 Recovery of payments made due to mis- 
take or fraud. 

409.37 Basis for determination of eligibility 

to receive aid under chapter. 

409.38 Welfare rolls opened. 

409.39 Definitions for §§409.40-409.43. 

409.40 Aid to permanently and totally dis- 

abled. 

409.41 Administration. 

409.411 Court appointed guardian unnecessary. 

409.42 Public assistance laws to apply. 

409.44 Medical program for recipients of pub- 

lic assistance. 

409.45 Medical assistance for the aged. 



five to continue until July 2, 1961. The initial 
term of the new member from district seven 
created by this law shall expire on July 2, 1960, 
and that of the new member from district eight 
on July 2, 1961. The existing state board as 
thus supplemented shall assume the duties and 
functions of the state board under the provi- 
sions of this chapter. Each member of the 
state board under this chapter shall have 
been a citizen and elector of this state for 
not less than five years immediately pre- 
ceding the date of his appointment. Each 
member shall furnish a surety bond, payable 
to the governor and his successors in office, 
in the sum of ten thousand dollars. Members 
shall receive no compensation for their serv- 
ices, but shall be reimbursed for traveling ex- 
penses as provided in §112.061, which ex- 
penses, for each member other than the chair- 
man, shall not exceed the sum of twelve hun- 
dred dollars annually. Premiums on qualify- 
ing bonds and fees for the issuance of com- 
missions shall be an expense of the department. 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



No federal, state, county, or municipal officer 
or employee shall be eligible to serve as a 
member of the state board during his term as 
such official. 

When any additional congressional district 
shall be created in this state, a member from 
that district shall be provided according to 
the provisions of this section. The initial term 
of such additional member shall expire with 
the terms of the smallest group of members 
whose terms expire together. 

History.— §1, ch. 18286, 1937; 81, ch. 19375, 1939; COL 

1940 Supp. 4139(1); former section repealed by §34, ch. 26937, 
1951; present section relating to the same subject matter was 
comp. §1, ch. 26937, 1951; §1, ch. 59-337; first para. a. by §1, 
Ch. 61-485; §19, Ch. 63-400. 

409.02 Functions.— 

(1) The department shall, pursuant to regu- 
lations promulgated by the state board, deter- 
mine the amount of money or other things of 
value that each applicant or recipient of as- 
sistance or benefits under this law is entitled 
to receive subject to the limitation herein pro- 
vided; and shall conduct, supervise and ad- 
minister, or cause to be administered, within 
the state, all social welfare and relief work 
which is or will be carried on by the use of 
federal or state funds, and receive and dis- 
tribute all commodities donated by the United 
States or any agency thereof for any such 
social relief. Social welfare within the mean- 
ing of this law shall include aid to depend- 
ent children, mothers' aid, old age relief, aid 
to the sick, blind, indigent, unemployed and 
similar unfortunates. 

(2) On behalf of the department the state 
board may accept such duties in respect to 
public aid or social welfare as may be dele- 
gated to it by any agency of the federal gov- 
ernment, state government, or any county or 
municipal government; and may act as agent 
of the federal government, state government, 
or any county or municipal government in the 
conduct and administration of public aid and 
social welfare activities and in the disburse- 
ment of funds received from the federal gov- 
ernment, state government, or any county or 
municipal government for public aid and social 
welfare purposes within the state, such as as- 
sistance to unemployed and to those who for 
any reason are unable to provide for their own 
needs, aid to dependent children, mothers' aid, 
blind, old age relief, and the like; it may 
employ such staff and prescribe such rules 
and regulations as may be necessary to meet 
the requirements of federal legislation, rules, 
regulations or enactments not inconsistent 
with the constitution and laws of this state; 
and take such action as may be necessary to 
secure the benefits of any public aid or as- 
sistance of any character as may be available 
from the federal government or any agency 
thereof which is not inconsistent with the con- 
stitution and laws of this state; and accept 
from any person, or organization and avail 
itself of any or all offers of personal services 
or other aid or assistance in carrying out the 



purposes of this law. The state board shall 
prescribe the salary standards for the person- 
nel employed, subject to the limitations of this 
law. 

(3) Provided, however, that nothing in this 
law shall be construed to limit, abrogate, or 
abridge the powers and duties of the Florida 
crippled children's commission, state tubercu- 
losis board, or state board for vocational edu- 
cation. 

HHtory.— 52, oh. 18285, 1937; CGL 1940 Supp. 4139(2). 

Former section repealed by §34, ch. 26937, 1951; present sec- 
tion containing substantially the same material was comp. {3, 
ch. 26937, 1951. 

409.03 Care of children.— 

(1) The following children shall be sub- 
ject to the protection, care and guidance of 
the department or any duly licensed public or 
private agencies, except as heretofore pro- 
vided under §409.02, relating to the powers 
and duties of the Florida crippled children's 
commission : 

(a) Children with improper guardianship, 
including abandoned and neglected children. 

(b) Destitute children. 

(c) Mentally defective or physically handi- 
capped children. 

(d) Morally defective children. 

(2) The juvenile courts and judges of the 
various counties of this state shall give full 
and sympathetic cooperation to the department 
and its employees in carrying out the purposes 
and intent of this law; provided, however, no 
child shall be taken away from its parents or 
guardians except after a judicial hearing or 
proceeding before a court of competent juris- 
diction, and after notice to such child's parents 
or guardians of such judicial hearing or pro- 
ceeding, or by the written consent of said 
child's parents or guardians. 

(3) The department is authorized to provide 
adoption services and to accept permanent 
commitment of children by order of any court 
of competent jurisdiction for the purpose of 
adoption placement of said children. 

History.— §3, eh. 18285, 1937; CGL 1940 Supp. 4139(3). 

Former section repealed by §34, ch. 26937, 1951; present sec- 
tion containing substantially the same material was comp. {4, 
Ch. 26937, 1951; (3) n. §1, ch. 63-449. 
cf. — Chapter 39, Juvenile courts. 

409.04 Institutional care for children. — 

(1) The department may cooperate with all 
child welfare institutions or agencies within 
the state which shall meet the standards and 
regulations for proper care and supervision 
prescribed by the state board for the well 
being of such children. 

(2) With the written consent of parents or 
guardians, the department under rules and 
regulations properly established, may place a 
child in a home or institution, private or public, 
paid or free, or in a foster home under such 
conditions as shall be determined to be for 
the best interests or the welfare of said child. 
Any child so placed in an institution or in a 
family home by the department or its agency 
or agencies may be removed therefrom by like 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



authority and such disposition made as shall 
be for the best interest of the child, including 
the transfer to another institution, another 
home or to the home of the child. 

History.— 54, ch. 18286, 1937; CGL 1940 Supp. 4189(4). 

Former section repealed by §34, ch. 36937, 1951; present sec- 
tion containing substantially the same material was comp. §5, 
ch. 26937. 1951. 

409.05 Licenses. — The state board may, by 
rules and regulations, set minimum standards 
for the care of dependent children away from 
their own homes and shall prescribe, amend or 
alter such rules and regulations as may be 
necessary for the care and supervision of such 
children. No person other than a relative or a 
person who is considering the adoption of a 
child in the manner provided for by law, and 
no institution, society, or association may re- 
ceive a dependent child for boarding or cus- 
tody, unless such a person, society, association 
or institution shall have first procured a 
license from the department empowering or 
authorizing such person, association, institu- 
tion, or society to care for, receive or board 
a child or children. Application for license 
shall be made on blanks provided by the de- 
partment. The application must also be ap- 
proved by the state board of health after in- 
spection of health and sanitary conditions. A 
copy of the license so issued, which shall be 
provided by the department without charge, 
shall be on the approved form established by 
the state board and shall be kept readily avail- 
able by the licensee. Such license shall be valid 
for not more than one year after the date of 
issue but may be renewed or extended as pro- 
vided for by the rules of the state board. Any 
such license may be revoked by order of the 
board for violation of the regulations of the 
state board governing the activities of the 
licensee. If such order is not complied with, 
within a reasonable time, then after a reason- 
able notice, the state board shall apply to a 
court of equity having jurisdiction over the in- 
stitution, and such court of equity shall hear 
and determine the case, and shall grant such 
relief, mandatory or injunctive, as the case 
may require. If such order of revocation is 
not complied with, within a reasonable time, 
or if any person, society, association or insti- 
tution shall receive a dependent child for 
boarding or custody without having first pro- 
cured a license from the department, or with- 
out the approval of the state board of health, 
as herein provided, then, after a reasonable 
notice, the state board shall apply to a court 
of equity having jurisdiction over the person, 
society, association or institution, and such 
court of equity shall hear and determine the 
case and shall grant such relief, mandatory or 
injunctive, as the case may require. 

History.— 55, ch. 18286, 1937; CGL 1940 Supp. 4139(6). 

Former section was repealed by §34, ch. 26937, 1951; present 
section containing substantially the same material was comp. 
{6. ch. 36937. 1951. 

409.06 Supervision of state institutions for 
children. — The board of commissioners of state 
institutions may designate the department to 



have supervision and control of the state in- 
dustrial school for boys and the state indus- 
trial school for girls; provided, however, that 
in the exercise of these powers and duties the 
department shall act in conjunction with and 
at all times subject to the control and super- 
vision of the board of commissioners of state 
institutions. 

History.— 16, ch. 18285, 1937; CGL 1940 Supp. 4139(6). 

Former section was repealed by {34, ch. 26937, 1951; present 
section containing substantially the same material was comp. 
§7. ch. 26937. 1951. 

409.07 Study of causes of dependence; re- 
habilitation. — The department shall investigate 
and study the causes of the dependence of in- 
digents, encourage them to support themselves, 
if possible, and make and carry out plans for 
their permanent rehabilitation to the end that 
they may cease to be a charge upon the com- 
munity whenever possible. 

History.— §7, ch. 18286, 1937; CGL 1940 Supp. 4139(7). 

Former section was repealed by §34, ch. 26937, 1951; present 
section containing substantially the same material was comp. 
§8, ch. 26937, 1951. 

409.08 Administrative districts for the pur- 
pose of and to facilitate and aid in the admin- 
istration of this chapter. — The state is hereby 
divided into twelve social welfare districts as 
follows : 

District one. The counties of Escambia, 
Santa Rosa, Okaloosa, Walton, Holmes, Wash- 
ington, and Bay; 

District two. The counties of Jackson, Cal- 
houn, Gulf, Franklin, Liberty, Gadsden, Leon, 
Wakulla, and Jefferson; 

District three. The counties of Levy, Madi- 
son, Taylor, Dixie, Lafayette, Suwannee, Ham- 
ilton, Columbia, and Gilchrist; 

District four. The counties of Citrus, Her- 
nando, Pasco, and Pinellas; 

District five. The counties of Nassau, Baker, 
Union, Bradford, Alachua, Clay, Putnam, St. 
Johns, and Flagler; 

District six. The county of Duval; 

District seven. The county of Hillsborough; 

District eight. The counties of Manatee, 
Hardee, Sarasota, DeSoto, Charlotte, Lee, Hen- 
dry, Collier, Highlands, and Glades; 

District nine. The counties of Dade and 
Monroe ; 

District ten. The counties of Indian River, 
Okeechobee, St. Lucie, Martin, Palm Beach, 
and Broward; 

District eleven. The counties of Sumter, 
Lake, Polk, and Marion; 

District twelve. The counties of Volusia, 
Seminole, Orange, Osceola, and Brevard. 

History.— §8, ch. 18285, 1937; CGL 1940 Supp. 4139(8). 
Am. 51, ch. 25396, 1949. 

Former section was repealed by §34, ch. 26937, 1951; present 
section re-enacted and comp. §29, ch. 26937, 1951. 

409.09 District welfare boards created. — In 

each social welfare district there shall be es- 
tablished a district board of social welfare 
consisting of two citizens from each county, 
the population of which has less than twenty- 
five thousand persons, and of two or more per- 
sons from each other county the population of 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



which exceeds twenty-five thousand persons, 
one representative for each twenty-five thou- 
sand population or fraction thereof. Members 
of district boards shall be appointed by the 
governor according to the population fixed by 
the 1950 federal census and such members 
shall serve at the pleasure of the governor, 
for a period not to exceed four years, without 
compensation, but members shall be reimbursed 
for traveling expenses as provided in §112.061. 
No member shall be appointed who has not 
been a citizen and elector of the state for at 
least five years during the nine years im- 
mediately preceding the date of his or her ap- 
pointment. 

Each district board shall be the agent of 
the state board and shall be responsible within 
its welfare district for the administration of 
such public assistance and social welfare ac- 
tivities as may be delegated to it as provided 
for in this chapter. All public assistance and 
social welfare activities of each district board 
shall be subject to the supervision and control 
of the state board, and subject to the rules 
and regulations of the state board. District 
boards by and with the consent and approval 
of the state board shall employ a secretary or 
district director and such other clerical, ad- 
ministrative and trained or otherwise qualified 
social personnel as may be necessary, in keep- 
ing with the provisions of §409.02. 

The members of the district boards from 
each county shall review at least once each 
year all case files of recipients of aid under 
public assistance programs administered by 
the welfare department in the county repre- 
sented by said members and shall purge from 
the rolls any recipients who do not meet the 
requirements for receiving such aid under the 
laws of this state. 

Any district board member who intentionally 
absents himself from regular or special meet- 
ings for a period of four months, automatically 
forfeits his membership on said board and the 
said district board shall declare a vacancy to 
exist. 

History.— §9, ch. 18285, 1937; §2, oh. 19375, 1939; CGL, 
1940 Supp. 4139(9); §§30, 34, ch. 26937, 1951; first para. a. by 
§1, ch. 61-345; §19, ch. 63-400. 
cf. — §113.01 Commissions Issued by governor. 

409.10 Employees. — The state board, and 
each district board, subject to the provisions 
of §409.02, shall hire its own employees, 
prescribe their duties, and fix their salaries; 
provided, however, that all personnel, other 
than the director, physicians designated as 
approved ophthalmologists and optometrists 
employed for the aid to the blind examina- 
tions and paid on a fee basis, part time tech- 
nicians, the attorney, one confidential secre- 
tary to the director, and janitors and other 
common labor shall be employed under a merit 
system, and the department may participate 
with other state departments or agencies in a 
joint merit system. No federal, state, county 
or municipal officer shall be eligible to serve 
as an employee of the department. The func- 
tions to be performed by employees shall be 



determined by the director in accordance with 
the policies and regulations of the state board. 

History-— §10. ch. 18285, 1937; CGL. 1940 Supp. 4139(10); 
am. 81. ch. 22551, 1946; am. §1, ch. 23849, 1947. 

Former section was repealed by §34, ch. 26937, 1951; present 
section relating to same subject matter was comp. §9, ch. 26937, 
1951. 

409.11 State welfare director. — The state 
board shall employ an administrator who shall 
be designated as state welfare director and 
shall prescribe his duties and functions in 
carrying out the purposes of this chapter. The 
state board shall not delegate to the director 
employed hereunder the power to make regu- 
lations or to decide appeals. His residence 
qualifications shall be the same as those pro- 
vided for the state board members. No person 
shall be employed for the position of director 
who has not had at least two years practical 
business experience and such other qualifica- 
tions as the state board may prescribe to meet 
the requirements of the United States or its 
agencies or instrumentalities. He shall furnish 
a surety bond in the sum of twenty-five thou- 
sand dollars to the governor of the state, the 
premium of which shall be paid from funds 
of the department. 

History— §11, ch. 18286, 1937; CGL. 1940 Supp. 4139(11); 
§1, ch. 23979, 1947; {11, ch. 25035, 1949. 

Former section was repealed by §34, ch. 26937, 1951; present 
section relating to same subject matter was comp. §2, oh. 26937, 
1951. 
cl.— §113.07 Bonds of officials. 

409.111 Salary of director; assistant. — The 

salary of the director and assistant director 
shall be set by the legislature. 

History.— §32, ch. 26937, 1951; am. §1, ch. 28256, 1953. 

409.12 Department to be corporation. — The 

department shall be a corporation with power 
to contract and be contracted with, to sue and 
be sued in actions ex contractu but not in torts, 
and to have and to possess corporate powers 
for all purposes necessary to administer this 
act. The corporate seal shall be adopted by 
the state board. 

History.— §12, ch. 18286, 1937; CGL 1940 Supp. 4139(12). 

Former section was repealed by §34, ch. 26937, 1951; present 
section containing substantially the same material was comp. 
§28, ch. 26937, 1951. 

409.13 Depositary of funds. — All state and 
federal funds to be administered under this 
law shall be deposited with the state treasurer 
in a separate account and shall be withdrawn 
only by warrant of the comptroller counter- 
signed by the governor, payable to the depart- 
ment or to its order or nominee. 

History.— §13, ch. 18286, 1937; CGL. 1940 Supp. 4189(13). 

Former section was repealed by §34, ch. 26937, 1951; present 
section containing substantially the same subject matter was 
comp. §10, ch. 26937, 1951. 

409.15 Institutions. — The department may 
establish and operate almshouses, public 
homes, farms, schools and hospitals for the 
indigent as are necessary to carry out the 
purposes of this law, and the department may 
give or render financial assistance to any 
political unit or municipality of the state which 
is operating almshouses, public homes, farms, 
schools and hospitals for the care of or the 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



board of aged, blind persons and dependent 
children. 

History.— §15, ch. 18286, 1937; CGL 1940 Supp. 4139(16) ; 
am. §1, ch. 22762, 1945. 

Former section was repealed by §34, ch. 26937, 1951; present 
section containing substantially the same material was comp. 
{11, ch. 26937. 1951. 

409.16 Old age assistance. — There shall be 
paid monthly assistance of not more than 
seventy dollars, except in a limited number of 
cases, not to exceed three hundred for a demon- 
stration program, which are determined by the 
state department of public welfare to be in 
need of foster home care in which instances 
there shall be paid a monthly assistance of not 
more than one hundred thirty-five dollars, to 
any person who: 

(1) Is sixty-five years of age or over, proof 
of which shall be obtained in as simple and ex- 
peditious a manner as possible ; 

(2) Has been a resident of the state during 
at least five years of the nine years imme- 
diately preceding the application for old age 
assistance and has resided in the state for one 
year immediately preceding the application; 

(3) Has not sufficient income or other re- 
sources to provide reasonable subsistence com- 
patible with decency or health; in determining 
what is sufficient income or other resources un- 
der this section it is the intent that insurance, 
homestead property and liquid assets shall be 
liberally and equitably considered; 

(4) Is not an inmate of any public institu- 
tion except as a patient in a medical institution 
or is not a patient in an institution for tuber- 
culosis or mental diseases, or is not a patient 
in a medical institution as a result of a diag- 
nosis of tuberculosis or psychosis. 

(5) Has not made an assignment or transfer 
of property for the purpose of rendering or 
keeping himself eligible for assistance under 
this law at any time within two years im- 
mediately prior to the filing of application for 
assistance, pursuant to the provisions of this 
law; 

(6) Is a citizen of the United States or has 
been a resident of the United States for at least 
twenty years, proof of which shall be obtained 
in as simple and expeditious a manner as pos- 
sible. 

(7) Is not an inmate of any institution 
which is not subject to licensing by the proper 
state licensing authority. 

History.— 517, eh. 18285, 1937; 54, oh. 19375, 1939; CGL 
1940 Supp. 4139(17); 51, ch. 20675, 1941; am. 51. ch. 23815, 
1947. 

Former section was repealed by 534, ch. 26937, 1951; present 
section containing substantially the same subject matter was 
comp. §13, ch. 26937, 1951; am. §1, ch. 28138, sub. J (5), am. 
§10, ch. 27991, 1953; sub. §§(4) am., (7) comp. $1 ch. 29679, 
1955; first para, by (1, ch. 57-263; (6) by II, ch. 67-240; (6) 
|1, ch. 59-92; II, ch. 63-364. 

409.162 Recipients permitted to work for 
added income. — 

(1) Any person receiving old age assistance 
under §409.16 shall be permitted to work and 
receive for personal labor or income from farm- 
ing conducted by the recipient to the extent of 
fifty dollars per month without causing his or 



her monthly payment for old age assistance to 
be reduced because of such added income. 

(2) This section shall not become effective 
until congress amends the federal law which 
now prohibits a recipient from earning addi- 
tional income. 

History. — Comp. |1, ch. 57-305. 

409.17 Aid to the blind.— There shall be 
paid monthly assistance of not more than 
seventy dollars to any blind person who: 

(1) Has been a resident of the state during 
at least five years of the nine years immedi- 
ately preceding the application for assistance 
and who has resided in the state for one year 
immediately preceding application; provided, 
that such assistance may be paid to any blind 
child who has resided in the state for one year 
preceding the application for such aid, or if 
under one year of age, the parent or relative 
with whom the child is living must have re- 
sided in the state for one year immediately 
preceding the birth of such child. Provided 
further, that no child of school age shall re- 
ceive such aid unless such child is receiving 
education, or is excused from receiving educa- 
tion, in accordance with the provisions of chap- 
ter 232. 

(2) Has not sufficient income or other re- 
sources to provide reasonable subsistence com- 
patible with decency or health; 

(3) (a) Is not an inmate of any public in- 
stitution except as a patient in a medical insti- 
tution or is not a patient in an institution for 
tuberculosis or mental diseases, or is not a 
patient in a medical institution as a result of 
a diagnosis of tuberculosis or psychosis. 

(b) Is not an inmate of any institution 
which is not subject to licensing by the proper 
state licensing authority. 

(4) Has not made an assignment or transfer 
of property for the purpose of rendering himself 
eligible for assistance under this chapter at any 
time within two years immediately prior to the 
filing of application for assistance, pursuant to 
the provisions of this chapter. 

(5) Is not receiving old age assistance. 

(6) Is a citizen of the United States or has 
been a resident of the United States for at 
least twenty years, proof of which shall be 
obtained in as simple and expeditious a man- 
ner as possible, except that assistance may be 
paid to any blind child who has resided in the 
state for one year preceding the application, 
or if under one year of age, the parent or rela- 
tive with whom the child is living must have 
resided in the state for one year immediately 
preceding the birth of such child. 

History.— 118, ch. 18285, 1937; CGL 1940 Supp. 4139(18); 
II, ch. 20714, 1941; am. 51, ch. 21879, 1943; am. |1, ch. 
23895, 1947; §1, ch. 25038, 1949; former section was repealed by 
1 34, ch. 26937, 1951; present section containing same material 
was re-enacted and comp. {14, ch. 26937, 1951; am. 81, ch 
28229, 1953; §§1, 2, ch. 29720, 1955; first para, by §2, ch. 57-263; 
(1), (3) (a) a. by §1, ch. 61-361; §1, ch. 63-364: (6) n. §1, ch. 
63-384. 
cf.— Ch. 413, Council for the blind. 

409.18 Dependent children.— 

(1) Assistance shall be granted to any de- 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



pendent child living in a suitable home with 
its parents, relatives, or guardians, or in some 
other suitable family home meeting the stand- 
ards of care and health fixed by the laws of 
this state and the rules and regulations of the 
state board, who: 

(a) Has resided in the state for one year 
preceding the application for such aid; or 

(b) If under one year of age, the parent or 
other relative with whom the child is living has 
resided in the state for one year immediately 
preceding application. 

(2) Provided, however, that if aid to depen- 
dent children shall be claimed or applied for on 
the ground of physical or mental disability of 
parent or other person liable for the support of 
the dependent child, such aid shall not be granted 
unless the parent or other person liable for the 
support of the child be examined by a physician 
and a certificate of disability shall be signed by 
said physician and filed with the department. 
Where such physician certifies to the disability 
of the parent or other person liable for the 
support of the dependent child, re-examination 
as to disability shall be made annually, if said 
disability is not obvious, and aid to the depen- 
dent child shall be discontinued if at any such 
examination a physician shall certify that the 
parent or other person liable for support of the 
child is able to provide such support. 

(3) (a) The state board shall, during the 
initial and any subsequent determination of 
eligibility, evaluate the suitability of the home 
in which the dependent child lives, considera- 
tion to be given, but not limited, to physical 
care and supervision provided in the home; 
social, educational, and religious opportunities 
for the child; the child's physical and mental 
health and emotional security; special needs 
occasioned by the child's physical handicaps or 
illnesses, if any; the extent to which desirable 
factors outweigh the undesirable in the home; 
and the apparent possibility for improving un- 
desirable conditions in the home; provided, 
however, that the state board shall find the 
home unsuitable if any of the following condi- 
tions are found to exist: 

1. Abuse of the child physically or mentally 
by beating, overwork, or other cruel treatment; 
or by improper relations with the child. 

2. Exploitation of the child by having it beg 
on the streets, sell or make contacts for the 
sale of illegal products, or engage in prostitu- 
tion. 

3. Repeated conviction of the parent or oth- 
er relative for disorderly conduct, alcoholism, 
prostitution, or other violations of law evinc- 
ing a weakness or lack of moral structure in 
the home. 

4. Neglect of the needs of the child by fail- 
ing to provide proper food and clothing where 
this results, not from lack of income, but from 
use of the income or grant for purposes other 
than the procurement of necessities, or neglect 
of the child by failure to assist it in maintain- 
ing a satisfactory school attendance record 
when not prevented by factors outside the con- 
trol of the parent or relative. 



5. Neglect in care of the child by reason 
of the absence of the parents or relatives who 
leave the child alone in the home, on the streets, 
or in the homes of neighbors, where such ab- 
sence is not due to employment or other valid 
requirements, but to engagement in social ac- 
tivities or undesirable pursuits. 

6. Feeble-mindedness or disability of the 
parents or relatives to such extent that the 
parent cannot give the child the minimum care 
necessary to protect his physical and mental 
health. 

7. Failure of the parent or relative to pro- 
vide a stable moral environment for the child, 
by engaging in promiscuous conduct either in 
or outside the home, or by having an illegiti- 
mate child after receiving an assistance pay- 
ment from the department, or by otherwise 
failing to demonstrate an intent to establish 
a stable home. 

(b) If it be determined by the state board 
that the parents of any child have placed their 
child with any other person for the purpose 
of enabling such other person to receive aid 
for the child to which he would not otherwise 
be entitled under this section, then both the 
home of the parents and the home of such other 
person shall be deemed unsuitable, provided, 
however, that this paragraph shall not be con- 
strued to apply to any home wherein the child 
has been placed by order of court or by the 
state board. 

(c) The parents or relatives with whom 
the child is living shall make a written decla- 
ration to the state board setting forth their 
marital status, and shall notify the state board 
of any change therein. If married, they shall 
furnish to the state board documentary evi- 
dence of their marriage. 

(d) If the home in which the child lives 
is found to be unsuitable, but there is reason 
to believe that elimination of the undesirable 
conditions can be effected, and the child is 
otherwise eligible for aid, a grant shall be 
initiated or continued for such time as the 
state board and the family require to complete 
the improvements. 

(e) When intensive efforts over a reason- 
able period have failed to improve the home 
conditions, the state board shall determine if 
any other relatives specified by the social se- 
curity act are maintaining a suitable home and 
are willing to take custody and care for the 
child in their home. Upon an affirmative find- 
ing the state board shall, if the parents or 
relatives with whom the child is living consent, 
take the necessary steps for placement of the 
child with such other relatives, but if the par- 
ents or relatives with whom the child lives re- 
fuse their consent to the placement, then the 
state board shall file a petition in the appropri- 
ate juvenile court for a decree adjudging the 
home unsuitable and placing the dependent 
child with such other relatives. 

(f) If a diligent search reveals no other 
relatives as specified in the social security act 
maintaining a suitable home and willing to 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



take custody of the child, then the state board 
may file a petition in the appropriate juvenile 
court for placement of the child according to 
the law relating to dependent children. 

(g) Notwithstanding the provisions of this 
section a child otherwise eligible for aid shall 
not be denied such assistance where a relative 
as specified in the social security act is unavail- 
able or refuses to accept custody and the ap- 
propriate circuit court or juvenile court fails 
to enter an order removing the child from the 
custody of the parent, relative or guardian then 
having custody. 

History.— 819, ch. 18285, 1937; CGL 1940 Supp. 4139(19). 

Former section was repealed by §34, ch. 26937, 1951; present 
section was reenacted and comp. §15, ch. 26937, 1951. 

Sub. | (1Mb), am. §1, ch. 29670, 1965; (1) by §1, (3)n. by 
§2, ch. 59-202. 
cf.— Chs. 39, 416 and 417. 

409.182 Dependent children; support by 
relatives. — No application to the department 
for any aid to dependent children which is 
within its power to grant shall be approved un- 
less such applicant shall first have instituted in 
the proper court, and in good faith prosecutes, 
an action for support from persons liable for the 
support of applicant's dependent child, as the 
case may be, whenever such cause of action 
exists. The department shall assist applicants in 
bringing proceedings to enforce support by such 
persons who may be liable for the support under 
the laws of this state; and such assistance shall 
be by consultation and arrangements with legal 
aid societies and bureaus established by local bar 
associations, if there be such legal aid societies 
able and willing to act, otherwise through the 
county attorney, county prosecuting attorney or 
county solicitor, as the case may be, having 
charge of the prosecution of misdemeanors in the 
county in which said action may properly be 
instituted, or, in the event of his absence, dis- 
ability or disqualification, then through the state 
attorney of the circuit in which such county is 
located. It shall be the duty of said public officers 
when so requested to diligently prosecute such 
actions. Assistance shall in due course be granted 
persons otherwise eligible pending the institu- 
tion and during the prosecution of such action, 
but payments may be terminated whenever in the 
opinion of the director the action is not being 
prosecuted in good faith through the fault of the 
recipient of public assistance or the fault of the 
person receiving assistance on behalf of depen- 
dent children. 

History.— Comp. §12, ch. 26937, 1951. 

409.183 Assistance for dependent children; 
registration of common law marriages. — When 
called into question in any matter pertaining 
to the payment of welfare for dependent chil- 
dren of this state, the existence of a valid com- 
mon law marriage shall not be subject to proof 
on behalf of either of the parties to such mar- 
riage unless the same shall be registered in the 
office of the county judge of the county where- 
in the parties reside. Such registration shall 
be on forms provided by the county judge set- 
ting forth under oath substantially the same 
facts required on the application for a mar- 



riage license, shall be subject to the payment 
of the same fees and shall be signed by both 
parties to the marriage. Upon receipt of the 
completed registration and fees the county 
judge shall cause the marriage to be recorded 
in a register to be known as Register of Com- 
mon-Law Marriages. Provided, however, that 
nothing contained herein shall affect any right, 
title or interest of any person not a party to 
such marriage, but whose right, title, or in- 
terest depends upon the validity of such mar- 
riage relation; and providing further that the 
provisions of this section shall apply only to 
matters concerning the application for or re- 
ceipt of aid by any child under the welfare 
laws of this state or the inclusion of needs of 
such child in any welfare budget. 

History.— §1, ch. 59-472. 

409.19 Opportunity for hearing and ap- 
peal. — 

(1) If an application for public assistance 
is not acted upon by the district board within 
a reasonable time after the filing of the appli- 
cation, or is denied in whole or in part, or if an 
award of assistance is modified or canceled 
under any provision of this chapter, the appli- 
cant or recipient may appeal to the state board 
in the manner and form prescribed by the state 
board. The state board shall, upon receiving 
such appeal, give the applicant or recipient 
reasonable notice and opportunity for a fair 
hearing. 

(2) The state board may also, upon its own 
motion, review any decision of a district board 
and may consider any application upon which 
a decision has not been made by the district 
board within a reasonable time. The state 
board may make such additional investigations 
as it may deem necessary, and shall make such 
decision as to the grant of assistance and the 
amount of assistance to be granted the appli- 
cant as in its opinion is justified and in con- 
formity with the provisions of this chapter. 
Applicants or recipients affected by such de- 
cisions of the state board shall, upon request, 
be given reasonable notice and opportunity for 
a fair hearing by the state board. 

(3) All decisions of the state board shall be 
final and shall be binding upon the district 
boards involved and shall be complied with by 
the district boards. 

History.— §20, ch. 18286, 1937; CGL 1940 Supp. 4139(20) 
Former section was repealed by §34, ch. 26937, 1951; present 

section containing same material was re-enacted and comp. §16, 

Ch. 26937, 1951; am. §1, ch. 28257, 1963. 

409.20 Reports — 

(1) The department shall, on or before the 
thirty-first day of July of each year, make an 
annual written report to the governor. Such 
report shall contain a complete accounting of all 
funds received and disbursed during the pre- 
ceding fiscal year. 

(2) The department shall also make such 
reports, in such forms and containing such in- 
formation, as the federal government, its 
agencies and instrumentalities, may from time 



Ch. 409 



DEPARTMENT OF PUBLIC WELFAKK 



Ch. 409 



to time require, and shall comply with such pro- 
visions as the said agencies may from time to 
time find necessary to insure the correctness 
and verification of such reports. 

History.— 521, ch. 18286, 1937; CGL 1940 Supp. 4139(21). 
Former section was repealed by {34, ch. 26937, 1951; present 
section containing same subject matter was comp. {17, ch. 
36937, 1961. 

409.21 Federal cooperation. — The depart- 
ment shall cooperate fully with the United States 
government, its agencies and instrumentalities, 
and the state board shall prescribe such rules 
and regulations for the administration of this 
law as shall meet with the requirements of said 
federal agencies, when not inconsistent with the 
laws of Florida, to the end that the department 
may receive the benefit of all federal financial 
allotments and assistance possible to carry out 
the purposes of this law. 

History.— §22, ch. 18286, 1937; CGL. 1940 Supp. 4139(22). 

Former section repealed by $34, ch. 26937, 1991; present 
section relating to the same subject matter was comp. ill, eh. 
36937, 1951. 

409.24 Department may sell certain prop- 
erty and accept certain fees. — 

(1) The department is hereby authorized to 
sell any real or personal property that it may 
acquire or may heretofore have acquired by 
way of donation, gift, contribution, bequest or 
devise from any person, persons or organiza- 
tions, when such real or personal property is, 
in the judgment of the state board, upon rec- 
ommendation of the director, not necessary 
for use in connection with the work of the de- 
partment, and all proceeds derived from the 
sale of such property shall be transmitted to the 
state treasury to be credited to the department. 

(2) The department is authorized to use 
for public aid and social welfare purposes any 
moneys realized from the sale of real or per- 
sonal property sold pursuant to the authoriza- 
tion hereby given; it being expressly declared 
to be the intention of the legislature that such 
moneys are hereby appropriated to the depart- 
ment and may be used by it for public aid and 
social welfare purposes; provided, however, 
that such money shall be withdrawn in accord- 
ance with law. Such moneys are hereby appro- 
priated to the use of the department in addition 
to other funds which have been or may other- 
wise be appropriated for public aid and social 
welfare purposes. 

(3) The department may charge and accept 
fees for adoption placement costs, for other 
adoption services and for the investigation of 
adoptions where the child is not related to the 
petitioners and has not been placed by the de- 
partment or a licensed child-placing agency. 
All such fees charged by the department shall 
be established by the state welfare board, ex- 
cept that in investigations of adoptions where 
the child has not been placed by the depart- 
ment or a licensed child-placing agency the fee 
shall be subject to approval of the court. All 
money from fees shall be placed in a special 
fund in the state treasury to be used toward 



the expense of the adoption services of the 
department. 

History.— 51, ch. 20362, 1941. 

Former section was repealed by §34, ch. 26937, 1951; present 
section relating to same subject matter was comp. S 19 , ch. 
26937, 1951; (3) n. §2, ch. 63-449; 81, ch. 63-504. 

409.30 Public assistance; payment on 
death. — 

(1) Upon the death of any person receiv- 
ing public assistance in the state through 
the department, all public assistance accrued 
to such person from the date of last pay- 
ment to date of death shall be paid to the 
person who shall have been designated by 
the person entitled to receive such public as- 
sistance; said designation to be under oath 
and on a form prescribed by the state board 
and filed with the department during the life- 
time of the person making such designation. 
In the event no designation is made, or the 
person so designated is no longer living, or 
cannot be found, then payment shall be made 
to such person as may be designated by the 
county judge of the county where the public 
assistance recipient resided. Such designation 
by the county judge may be made on a form 
provided by the state board or by letter or 
memorandum to the comptroller. No filing or 
recordation of such designation shall be re- 
quired and the county judge shall receive no 
compensation for such service. If a warrant 
has not been issued and forwarded prior to 
notice by the department of such recipient's 
death, upon notice thereof the state board 
shall promptly requisition the state comptroller 
to issue a warrant in the amount of such ac- 
crued assistance payable to the person desig- 
nated to receive it and shall attach to such 
requisition the original designation, or if none, 
the original designation made by the county 
judge, as well as a notice of such death, and 
the comptroller shall issue a warrant in the 
appropriate amount payable as aforesaid. 

(2) If a warrant or warrants have been is- 
sued and not cashed by the recipient payee 
prior to his death, such warrant or warrants 
shall be promptly returned to the department, 
together with notice of the death of the re- 
cipient, and thereupon the original warrant or 
warrants shall be endorsed on the back thereof 
by an employee or employees of the depart- 
ment to be designated by the state board, which 
endorsement shall be on a form to be pre- 
scribed by the state board and approved by 
the comptroller of the state and shall be in 
substance as follows : It shall contain the 
name of the deceased recipient; a statement 
of his death; the date thereof, and in com- 
pliance with this law, pay to the order of the 
designated beneficiary, without recourse, and 
signed by the authorized employee or em- 
ployees of the department, and thereupon such 
warrant shall be payable to the designated 
beneficiary as fully and completely as if issued 
to and payable to such designated beneficiary. 
The department shall furnish each month to 
the comptroller of the state a list of such 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



deceased recipients, the designated benefi- 
ciaries or persons to whom such warrants 
are endorsed and a description of such war- 
rants as herein provided. The state board 
shall cause all persons now and hereafter re- 
ceiving public assistance through it to make 
the designations herein provided for as soon 
as conveniently may be, and shall preserve 
such designations in a safe place for use as 
hereinbefore provided for. 

History-— 51, ch. 21954, 1943. 

Am. 51, ch. 25043, 1949. 

Former section was repealed by $34, ch. 26937, 1951; present 
section containing the same material was comp. §24, ch. 26937, 
1951. 

409.33 Appropriation to the state welfare 
board and transfer of surplus funds. — When- 
ever any appropriation heretofore or hereafter 
made to the department either for old age 
assistance, aid to dependent children, or aid 
to the blind, shall be insufficient to fully provide 
such assistance to all persons lawfully entitled 
thereto, and there should then exist a surplus in 
the appropriation for any other of said aids over 
and above the amount required to provide such 
assistance to all persons lawfully entitled there- 
to, the state budget commission shall determine 
the amount of such surplus appropriation and 
shall, by a majority vote of its members, with 
the approval of the governor, and on application 
by the department, transfer so much of such 
surplus to said insufficient appropriation as 
they may find necessary to provide assistance 
to persons lawfully entitled to aid therefrom; 
provided, however, that any funds thus trans- 
ferred shall be retransferred by the budget 
commission if unforseen or subsequent events 
should disclose need for additional money 
in the appropriation from which the transfer 
was made. Funds which have been thus trans- 
ferred are hereby appropriated to the depart- 
ment for the aid or assistance for which 
the transfer was made and shall be disbursed 
and expended in the same manner as if originally 
appropriated for such aid. This law shall be 
liberally construed to the end that old age assist- 
ance, aid to dependent children, and aid to the 
blind may be fully maintained, and if necessary, 
by transfer of funds under the circumstances 
and in the manner herein authorized. 

History.— 51, ch. 24036, 1947. 

Former section repealed by §34, ch. 26937, 1951; present 
section containing same material was re-enacted and comp. by 
§25, ch. 26937. 1951. 

409.34 Destruction of records. — 

(1) The department is hereby authorized to 
destroy correspondence, documents and records 
relating to surplus commodities which are more 
than two years old, if permission is obtained 
from the federal government. 

(2) The state board, in its discretion, and 
in pursuance of appropriate resolution, may 
authorize the destruction of any other corre- 
spondence, documents, or records where the 
matters or things therein involved have been 
closed or terminated and the department is not 
required by federal laws, rules or regulations 
to preserve such correspondence, documents or 



records, but no agent, employee or servant of 
the department shall destroy any of said cor- 
respondence, documents or records unless such 
authority is given by a resolution, rule or regu- 
lation duly adopted by the state board. 

History.— Comp. 551, 2, ch. 25470, 1949. 

Former section was repealed by §34, ch. 26937, 1951; present 
section containing substantially the same material was comp. by 
§26, ch. 26937, 1951. 

409.35 Photographing, etc., of records; ad- 
missible as evidence. — 

(1) The department is hereby authorized 
to photograph microphotograph or reproduce 
on film any documents and records whereby 
each page will be exposed in exact conformity 
with the original, all old case files and records 
and documents it may be required to perma- 
nently maintain, or such other documents and 
records as it may in its discretion select, and 
said department is hereby authorized to de- 
stroy or order destruction of, any of said origi- 
nal documents and records after they have 
been properly photographed and filed, pro- 
vided such action is in conformity with, and 
not in violation of any federal law, rule or 
regulation requiring the preserving of public 
assistance records of those receiving assist- 
ance through joint state and federal funds. 

(2) 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 
authenticated reproductions of such photo- 
graphs or microphotographs shall be admitted 
in evidence in the same manner, the same ex- 
tent, and with the same effect as duly certified 
or authenticated copies of the original docu- 
ment of record might have been admitted in 
evidence. 

History.— Comp. 553, 4, oh. 25470, 1949. 

Former section was repealed by 534, ch. 26937, 1951; present 
section containing substantially the same material was comp. 
527, ch. 26937, 1951. 

409.36 Fraud.— 

(1) Whoever knowingly obtains, or attempts 
to obtain, or aids or abets any person in obtain- 
ing or attempting to obtain, by means of a false 
statement or representation or by false imper- 
sonation, or by other fraudulent device, assist- 
ance or service to which he is not entitled, or 
assistance or service greater than that to which 
he is justly entitled, or whoever willfully makes 
any unauthorized disposition of any food com- 
modity donated under any program of the fed- 
eral or state government, or whoever, not being 
an authorized recipient thereof, willfully con- 
verts to his own use or benefit any such food 
commodity, shall be guilty of a misdemeanor, 
and upon conviction thereof, shall be fined not 
more than $500.00 nor less than $50.00, or im- 
prisoned in the county jail for not more than 
12 months, or both. 

(2) Upon becoming aware that any appli- 
cant or recipient has, by mis-statement, or by 
withholding facts, violated or attempted to 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



violate, knowingly, any provision of this law 
which violation or attempted violation resulted 
in, or if undiscovered, would have resulted in 
the applicant or recipient receiving assistance 
or service, or in receiving more assistance or 
service than that to which he was otherwise 
or would have been justly entitled under the 
provisions of this law, it shall be the duty 
of each officer of any board, committee, coun- 
cil, authorized or created by this act, or any 
employee of the department, of the state board, 
or any council or committee provided by this 
law, or any other person having any duties 
with respect to the administration or enforce- 
ment of this law, or any part thereof, promptly 
to make a written report, with complete details 
of such facts, to the department. 

The department shall within thirty days after 
receipt of this report forward a copy to the dis- 
trict welfare board in the welfare district in 
which the applicant or recipient who is the 
subject of the report resides. It shall be the 
duty of the district welfare board promptly to 
conduct an investigation into the facts and 
circumstances set out in such report and to ob- 
tain such additional facts as are required and 
to conduct a hearing, if the same is deemed 
advisable; provided, however, the applicant or 
recipient involved in the suspected fraud be 
given, by registered mail, an eight day notice 
of said hearing. 

If such investigation, including any hear- 
ing held thereon, shows that there is evidence 
of a violation or attempted violation of this 
law, the district welfare board shall, within 
forty-five days of the receipt of the report, 
forward the report along with its comments and 
recommendations and other material evidence 
to the proper prosecuting authority for the 
county in which the applicant or recipient who 
is involved in the suspected fraud resides. 

It shall be the duty of the proper prosecut- 
ing authority to conduct an investigation into 
the facts and circumstances set out in such 
report and, if the investigation supports said 
facts and there is adequate evidence of a viola- 
tion or attempted violation of this law, to prose- 
cute such fraud or attempted fraud. 

If required by the prosecuting authority, the 
department shall furnish assistance in the pros- 
ecution of such fraud or attempted fraud in- 
cluding the filing of affidavits where the prose- 
cuting authority cannot legally do so. 

(3) Whoever violates any provision of this 
law for which no penalty is specifically pro- 
vided shall be guilty of a misdemeanor, and 
upon conviction shall be fined not more than 
five hundred dollars nor less than fifty dollars, 
or imprisoned in the county jail for not more 
than twelve months, or both. 

History.— §31, oh. 26937, 1951; sub. 8(2) am. §1, oh. 28273, 
1953; (2) §24, ch. 57-1; (2) §1, ch. 59-120; (1) fl, ch. 63-360. 

409.361 Recovery of payments made due to 
mistake or fraud. — Whenever it becomes appar- 
ent that any person has received any benefits 
under this chapter to which he is not entitled, 
either through simple mistake, or fraud, the 



state board shall take all necessary steps to 
recover same, unless it be determined that ex- 
treme hardship would result if repayment were 
forced at that time, in which case repayment 
may be deferred. Pursuant to this provision, 
the state board may arrange for repayment 
either by installment payments or by a reduc- 
tion of current benefit payments. 

History.— §1, ch. 59-74. 

409.37 Basis for determination of eligibility 
to receive aid under chapter. — 

(1) In the determination of what may be 
sufficient income or other resources to provide 
reasonable subsistence compatible with de- 
cency and health, required in connection with 
the application for public assistance under 
chapter 409 there shall be excluded produce 
from a garden grown and used exclusively for 
the support of the applicant and his family re- 
siding with him, and from which garden no pro- 
duce is sold or exchanged. There shall also be 
excluded from such determination hogs, cows, 
domestic fowl and other livestock, if owned and 
used exclusively for the support of the appli- 
cant or recipient and his family residing with 
him; provided that these exemptions shall not 
be allowed to more than one applicant or re- 
cipient in any one household. There shall also 
be excluded from such determination cash 
value of life insurance held by each applicant 
for or recipient of old age assistance up to 
seven hundred and fifty dollars. 

(2) In support of subsection (1) of this 
section, the legislature finds that the costs in- 
cident to the propagation, cultivation and care, 
of the produce, livestock, and domestic fow. 
involved will equal the benefit therefrom and 
hence no net income is considered to be de- 
rived therefrom. 

History.— § § 1, 2, eh. 26853, 1951; sub. § (1) am. §1, ch. 28143, 
1953; (1) a. by §1, ch. 61-379. 

409.38 Welfare rolls opened. — 

(1) On or before the tenth day of Octo- 
ber, 1951, and on or before the tenth day of 
each quarter thereafter each district wel- 
fare board in the state shall file with the 
clerk of the circuit court of every county 
in its district a list of the names of all per- 
sons who have received welfare payments 
during the previous month showing opposite 
each name the amount of such payments re- 
ceived for such period. Such lists shall be re- 
tained by the said clerks of the circuit court as 
part of the records of their respective offices. 

(2) It shall be the duty of the state welfare 
board and the comptroller to furnish the several 
district welfare boards with all necessary in- 
formation to carry out the provisions of this 
act. 

(3) The board of commissioners of state 
institutions shall be authorized and empowered 
to suspend compliance with the terms and pro- 
visions of this act at any time the best interests 
of the general public will best be served for 
such periods as to said board shall be deemed 
necessary. 

(4) (a) Except as specifically authorized or 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



required by this section, it shall be unlawful 
for any person, for himself, or for any other 
person, body, association, firm, corporation, 
group or agency, to solicit, disclose, receive, 
make use of, or to authorize, knowingly permit, 
participate in or acquiesce in the use of, any of 
the lists of names of public assistance recipi- 
ents herein required to be filed, or parts of such 
lists, for commercial or political purposes of 
any nature. 

(b) In case this law is suspended as pro- 
vided in subsection (3), then each county clerk 
shall destroy all records provided herein to be 
filed in the office of county clerk. 

(c) Any person who violates any provision 
of this section shall be guilty of a misdemeanor 
and, upon conviction, shall be punished by a 
fine of not more than five hundred dollars or 
imprisonment in the county jail for not more 
than three months, or by both such fine and 
imprisonment. 

History.— Comp. ( { 1-3, ch. 37993, 1953; (4) (b) by {24, ch. 
67-1. 

409.39 Definitions for §§409.40-409.43.— As 

used in §§409.40-409.43, a "permanently and 
totally disabled" person is one who is sub- 
stantially precluded from engaging in useful 
work, including homemaking, by reason of 
medically-determinable physical or mental im- 
pairment which can be expected to be perma- 
nent, as determined and certified in writing by 
one or more physicians designated by the state 
department of public welfare to examine the 
applicant ; "state department of public welfare" 
shall include any successor agency of the state 
which may be authorized to administer the 
state's public assistance program. 

History.— {4, ch. 28161, 1953; {2, ch. 29689, USB. 

409.40 Aid to permanently and totally dis- 
abled. — There shall be paid monthly assistance 
of not more than seventy dollars to any per- 
son who: 

(1) Is permanently and totally disabled, as 
herein defined; 

(2) Is not less than eighteen years of age 
nor more than sixty-four years of age ; 

(3) Has been a resident of the state for 
at least five years of the nine years immedi- 
ately preceding his application for aid and 
has resided in the state continuously for one 
year immediately preceding his application; 

(4) Has not sufficient income or other re- 
sources to provide reasonable subsistence com- 
patible with decency and health ; 

(5) Is not an inmate of a public institution 
except as a patient in a public medical insti- 
tution; is not a patient in any public institu- 
tion for tuberculosis or for mental diseases; 
and is not a patient in a medical institution 
as a result of having been diagnosed as suf- 
fering from tuberculosis or psychosis; and is 
not an inmate of any institution which is not 
subject to licensing by the proper state licen- 
sing authority. 

(6) Has not made an assignment or trans- 
fer of property for the purpose of rendering 



or keeping himself eligible for assistance under 
this act at any time within two years immedi- 
ately preceding the filing of his application for 
assistance pursuant to the provisions of this 
act; 

(7) Is not receiving aid to the blind under 
the public assistance program of the state; and 

(8) Is a citizen of the United States or has 
been a resident of the United States for at 
least twenty years, proof of which shall be 
obtained in as simple and expeditious a manner 
as possible. 

History.— §1, ch. 28161, 1953; sub §(5) 51, ch. 29669, 1955; 
(8) 52. ch. 57-240; S3, ch. 57-263; 51, ch. 63-364; (9) r. 52, ch. 
63-384. 

409.41 Administration. — Assistance for the 
indigent permanently and totally disabled shall 
be disbursed and administered by the state de- 
partment of public welfare and that depart- 
ment shall promptly set up and establish a 
state plan for the administration of such aid to 
those prescribed for other public assistance ad- 
ministered with the help of federal grants, and 
not in conflict with the constitution and laws 
of the state. 

History.— Comp. |2, ch. 28161, 1953. 

409.411 Court appointed guardian unneces- 
sary. — St is unnecessary for any incompetent 
person entitled to welfare payments, as pro- 
vided by chapter 409, to have a court appointed 
guardian in order to receive such payments; 
provided said incompetent person is living in 
the household with an adult member of his 
family. 

History §1, ch. 63-353. 

409.42 Public assistance laws to apply. — 

All statutes of the state relating to hearings 
and appeals for and by applicants and re- 
cipients of other kinds of public assistance ad- 
ministered by the state department of public 
welfare, and to cooperation by the state depart- 
ment of public welfare with the United States 
government, its agencies and instrumentalities, 
in meeting the requirements of said federal 
agencies for federal grants for such aid, as 
well as all other provisions of the statutes re- 
lating to the public assistance program of the 
state reasonably applicable to the administra- 
tion thereof, shall be applicable to assistance 
for the indigent permanently and totally dis- 
abled and to the state department of public 
welfare, its officers and employees, in the ad- 
ministration of said public assistance for the 
permanently and totally disabled. 

History. — Comp. |3, ch. 28161, 1953. 

409.44 Medical program for recipients of 
public assistance. — The state department of 
public welfare may make available, through a 
vendor payment plan, drugs prescribed for pub- 
lic assistance recipients by doctors of medicine 
or doctors of osteopathy, provided, however, 
such drugs shall be furnished only in the most 
economical manner. For this purpose the state 
welfare board is authorized to adopt a formu- 
lary and require its use in the writing of pre- 
scriptions. The medical school at the univer- 
sity of Florida is hereby authorized to assist 



Ch. 409 



DEPARTMENT OF PUBLIC WELFARE 



Ch. 409 



the state welfare board, upon request, in de- 
termining the feasibility and economy of adopt- 
ing a formulary and in determining the type of 
formulary most desirable. 

History.— §1, ch. 61-484. 

409.45 Medical assistance for the aged. — 

(1) The state department of public welfare 
is authorized to provide medical services to 
any person who: 

(a) Is sixty-five years of age or older. 

(b) Is a citizen of the United States and 
resides in this state. 

(c) Is not a recipient of any other public 
assistance program administered by our state 
department of public welfare. 

(d) Has not sufficient income, resources or 
assets as determined by the state department of 
public welfare to provide needed medical care 
without utilizing his resources required to meet 



his basic needs for shelter, food, clothing and 
personal expenses. 

(2) Such medical services shall be limited 
to a program of medical assistance for the 
aged through which hospital care and visiting 
nurse care shall be made available. 

(3) The state department of public welfare 
is hereby authorized and directed to: 

(a) Enter into such agreement with the 
state board of health or any agency of the 
federal government and accept such duties in 
respect to social welfare or public aid as may 
be necessary to implement the provisions of 
subsection (2) in order to qualify for federal 
aid including compliance with provisions of 
public law 86-778. 

(b) The service herein provided shall be ad- 
ministered by the state welfare board, in con- 
sultation with the advisory committee as pro- 
vided for in §401.04. 

History.— §1, ch. 63-132. 



Ch. 412 



FLORIDA COMMISSION ON AGING 



Ch. 412 



CHAPTER 412 
FLORIDA COMMISSION ON AGING 



412.011 Florida commission on aging, member- 
ship. 
412.021 Appointment. 
412.031 Quorum; officers. 
412.041 Compensation of citizen members. 
412.051 Director. 

412.011 Florida commission on aging, mem- 
bership. — There is hereby created the Florida 
commission on aging hereinafter called the 
commission. The commission shall consist of 
nineteen members as follows: Six public mem- 
bers, who shall be the state health officer, 
the state public welfare director, the head of 
the state hospitals, the superintendent of pub- 
lic instruction, the director of the state develop- 
ment commission and the director of the state 
industrial commission. One member shall be an 
officer of the state association of county com- 
missioners. Twelve members, hereinafter called 
citizen members, shall be citizens of the state 
who have an interest in and knowledge of the 
problems of the aging. The twelve citizen mem- 
bers shall be distributed geographically so that 
one member shall reside in each of the twelve 
congressional districts of the state. In making 
appointments to the commission the governor 
shall give consideration to mature citizens who 
are currently providing leadership in senior cit- 
izen programs in the state and give consider- 
ation also to the diverse problems of aging 
by appointing people from a number of fields 
such as medicine, nursing, recreation, housing, 
education, social welfare, law, and business. 

History.— §1, ch. 63-461. 

412.021 Appointment. — With the exception 
of the public members, all members of the 
commission shall be appointed by the gover- 
nor. The member who must be an officer of 
the state association of county commissioners 
shall be appointed to a four-year term or to a 
term which terminates simultaneously with the 
termination of his status as an officer of the 
state association of county commissioners. 
Thereafter as the term of the officer of the 
state association of county commissioners ex- 
pires, each new appointment of this member 
shall be made on the same basis. Upon the 
establishment of the commission the term of 
the citizen members initially appointed shall 
be one, two, three, and four years as follows: 
Three shall be appointed to a term of one 
year, three to a term of two years, three to a 
term of three years, and three to a term of 
four years. Thereafter as a term expires each 
new appointment shall be for a four year term 
or in the case of a vacancy until the expiration 
of the respective term. All terms of citizen 
members shall expire on June 30, but they 
shall continue in office until their successors 
are appointed. No citizen member may serve 
more than two successive terms. 

The governor may terminate the appointment 
of any member of the commission for good and 



412.061 Other personnel. 

412.071 Administration of federal aging pro- 
grams. 
412.081 Advisory committees. 
412.091 Purposes, duties. 
412.101 Grants and gifts. 

just cause and the reason for the termination 
of each appointment shall be communicated to 
each member of the commission. 

History.— §2, ch. 63-461. 

412.031 Quorum; officers. — A majority of 
the members of the commission shall constitute 
a quorum for the transaction of business. The 
commission shall elect a chairman, a vice- 
chairman and such other officers as it deems 
necessary. The commission shall have at least 
one meeting in each quarter of the year, and 
more often if necessary on call of the chair- 
man. 

History. — §3, ch. 63-461. 

412.041 Compensation of citizen members. — 

Citizen members shall serve without compensa- 
tion, but shall be reimbursed for expenses in- 
curred in work of the commission at the pre- 
vailing state rates for travel and per diem. 

History.— §4. Ch. 63-461. 

412.051 Director. — The commission shall ap- 
point a director who will act as chief adminis- 
trative officer of the commission and who shall 
serve at the pleasure of the commission. He 
shall be a person who has demonstrated lead- 
ership qualities and an interest in and a 
knowledge of problems of aging and of older 
people. The director's annual salary shall be 
fixed by the legislature at a rate comparable 
to heads of state agencies. The director shall 
also be reimbursed for travel and other ex- 
penses incurred in the performance of his of- 
ficial duties at the prevailing state rates for 
travel and per diem as provided in §112.061. 

History.— §5, ch. 63-461; §19, ch. 63-400. 

412.061 Other personnel. — The director shall 
appoint such other personnel and consultants 
as the commission deems to be necessary for 
the efficient performance of the duties pre- 
scribed by this act, and fix the compensation 
therefor in accordance with established state 
budgetary procedures. 

History.— §6, ch. 63-461. 

412.071 Administration of federal aging 
programs. — The commission shall be the desig- 
nated state agency to handle all programs of 
the federal government relating to the aging 
requiring actions within the state which are not 
the specific responsibility of another state 
agency under the provisions of federal or state 
law. Authority is hereby conferred on the com- 
mission to accept and use any funds in ac- 
cordance with established state budgetary pro- 
cedures which might become available pursu- 
ant to the purposes set out herein. 

History.— §7, ch. 63-461. 



Ch. 412 



FLORIDA COMMISSION ON AGING 



Ch. 412 



412.081 Advisory committees. — The commis- 
sion shall create whatever advisory committees 
it deems necessary in such fields as community 
services, education, recreation, employment, fi- 
nancial security, health, and housing, and may 
use its funds to defray the expenses of such 
advisory committees and of members. The com- 
mission where feasible shall designate a com- 
mission member of special competence in a 
field as chairman of any advisory committee it 
may create in that field. Advisory committees 
shall report to the commission in regard to their 
activities and findings. 

History.— §8, ch. 63-461. 

412.091 Purposes, duties. — The commission, 
through its director, shall cooperate and pro- 
duce action to carry out the following pur- 
poses: 

(1) Initiate requests for the investigation 
of problems and potentials of the aging peo- 
ple of this state, encourage research programs, 
and initiate pilot projects to demonstrate new 
services. 

(2) Provide consulting service to local com- 
munities, including information on effective 
programs elsewhere in the state or nation for 
meeting the needs of the aging population; 
publish and disseminate information for the 
use of state, county, municipal and local offi- 
cials concerned about the needs and welfare 
of the aging. 

(3) Cooperate with, encourage and assist 
local agencies, both public and voluntary, 
which are concerned with the problems of the 
aging people of this state. 



(4) Cooperate with officials and agencies of 
the United States and of this state; maintain a 
continuing review of their programs and make 
recommendations for coordinated program de- 
velopment. 

(5) Encourage the cooperation of voluntary 
agencies in dealing with problems of the aging 
and offer assistance to voluntary groups such 
as churches, unions and fraternal organizations 
in the fulfillment of their responsibility for the 
aging within the spirit of this act. 

(6) Make a report to the governor bien- 
nially, before January 3 of that year in which 
the state legislature regularly convenes, con- 
cerning the work of the commission for the 
preceding biennium. The report shall deal with 
the present and future needs of the aging peo- 
ple of this state with respect to employment, 
retirement, income maintenance, housing and 
living arrangements, health, medical care and 
rehabilitation, education, recreation, personal 
adjustment, and such other matters as in its 
judgment are pertinent to the subject. 

(7) Make recommendations in conjunction 
with its biennial report, for legislation dealing 
with the problems of the aging people of this 
state. 

(8) Recommend qualified citizens to the 
governor for appointment to the commission. 

History.— §9, ch. 63-461. 

412.101 Grants and gifts. — The commission 
may receive on its own behalf or on behalf of 
the state any grant or gift and accept the 
same. 

History.— §10, ch. 63-461. 



Ch. 413 



COUNCIL FOR THE BLIND 



Ch. 413 



CHAPTER 413 
COUNCIL FOR THE BLIND 



Council for the blind. 

Products and services by blind persons; 
sale, exhibition regulated. 

Products, purchase by state agencies 
and institutions. 

Needy blind persons; placement in 
vending stands in public places. 

Needy blind persons ; powers of govern- 
ing bodies. 

Solicitation of funds; prohibition; ex- 
ceptions. 

Application for permit. 

Permit. 



413.011 
413.021 

413.031 

413.041 

413.051 

413.061 

413.062 
413.063 

413.011 Council for the blind. — The council 
for the blind, a state agency, shall consist of 
five members appointed by the governor, for 
terms of four years; one member of the coun- 
cil may be a member of the state welfare board 
and one member shall be by preference a blind 
person. Nothing herein shall be construed to 
affect the terms of the present members of 
said council. No person or persons in the em- 
ploy of the state shall be eligible for member- 
ship on the council. Each member of the coun- 
cil shall have been a citizen and elector of this 
state for not less than five years immediately 
preceding the date of his appointment. Each 
member shall furnish a surety bond, payable 
to the governor and his successors in office, 
in the sum of ten thousand dollars. Members 
shall receive no compensation for their serv- 
ices, but shall be reimbursed for traveling ex- 
penses as provided in §112.061 and the cost of 
premiums on qualifying bonds and fees for the 
issuance of their commissions. No federal, 
state, county, or municipal officer or employee 
shall be eligible to serve as a member of the 
council during his term as such official. The 
council for the blind shall advise, consult and 
cooperate with the state department of public 
welfare in the administration of assistance to 
the needy blind, and in addition, shall plan, 
supervise and carry out the following activi- 
ties: 

(1) Appoint all personnel as may be neces- 
sary to carry out the purposes of this section; 

(2) Cause to be compiled and maintained 
a complete register of the blind in the state, 
which shall describe the condition, cause of 
blindness, and capacity for education and in- 
dustrial training, with such other facts as may 
seem to the council to be of value; 

(3) Inquire into the cause of blindness, in- 
augurate preventative measures, and provide 
for the examination and treatment of the blind 
or those threatened with blindness for the 
benefit of such persons, and shall pay therefor, 
including necessary incidental expenses; 

(4) Aid the blind in finding employment, 
teach them trades and occupations within their 
capacities, assist them in disposing of products 
made by them in home industries, and do such 
things as will contribute to the efficiency of 
self-support of the blind; 

(5) May establish one or more training 



413.064 Rules and regulations. 

413.065 Notice of approval. 

413.066 Revocation of permit. 

413.067 Penalty. 

413.068 Legislative intent. 

413.069 Exemptions. 

413.07 Traffic regulations to assist blind per- 

sons. 

413.08 "Dog guide" to accompany blind mas- 

ter into hotels, restaurants, eating 
establishments; unlawful to prohibit 
or interfere with. 



schools and workshops for the employment of 
suitable blind persons; make expenditures of 
funds for such purposes; receive moneys from 
sales of commodities involved in such activities 
and from such funds make payments of wages, 
repairs, insurance premiums and replacements 
of equipment; provided, further, that all of the 
activities provided for in this section may be 
carried on in cooperation with private work- 
shops for the blind, except that all tools and 
equipment furnished by the council shall re- 
main the property of the state; 

(6) Provide special services and benefits 
for the blind for developing their social life 
through community activities and recreational 
facilities ; 

(7) Undertake such other activities as may 
ameliorate the condition of blind citizens of 
this state; 

(8) Cooperate with other agencies, public 
or private, especially the vocational rehabilita- 
tion section of the state department of educa- 
tion, in carrying out any or all of the provi- 
sions of this law; 

(9) Make contracts and agreements with 
federal, state, county, municipal and private 
corporations and individuals, sue and be sued 
and have all corporate powers necessary to 
properly carry out the provisions of this law; 
provided, that the council shall present to the 
state board for vocational education a state- 
ment of the council's general plans for any 
vocational training contemplated under §§409.- 
17, 413.041 and 413.051, and such plans shall 
not provide for duplicating any of the voca- 
tional services now being conducted under said 
board with the aid of federal funds; 

(10) Receive moneys or properties by gift 
or bequest from any person, firm, corporation 
or organization for any of the purposes herein 
set out but without authority to bind the state 
to any expenditure or policy except such as 
may be specifically authorized by law. All such 
moneys or properties so received by gift or 
bequest as herein authorized, may be disbursed 
and expended by the council upon its own 
warrant for any of the purposes herein set 
forth, and such moneys or properties shall not 
constitute or be considered a part of any legis- 
lative appropriation made by the state for the 
purpose of carrying out the provisions of this 
law; 



Ch. 413 



COUNCIL FOR THE BLIND 



Ch. 413 



(11) Shall, on June 30 of each year, make 
an annual written report to the governor. Such 
report shall contain a complete accounting for 
all funds received and disbursed under the 
supervision of the council, including any mon- 
eys received through gift or bequest as au- 
thorized by this law. 

History.— §1, ch. 20714, 1941; am. {1, ch. 21779, 1943. 

Former section repealed by §34, ch. 26937, 1951; present 
section was comp. §20, ch. 26937, 1951; tr. from §409.26, re- 
num. and a. §1, ch. 61-210; §19, ch. 63-400. 
cf. — §17.26 Cancellation of state warrants. 

413.021 Products and services by blind per- 
sons; sale, exhibition regulated. — 

(1) When appearing in the Florida Stat- 
utes "blind person" shall mean an individual 
having central visual acuity 20/200 or less in 
the better eye with correcting glasses, or a dis- 
qualifying field defect in which the peripheral 
field has contracted to such an extent that the 
widest diameter or visual field subtends an 
angular distance no greater than twenty de- 
grees. 

(2) For the purposes of the Florida Statutes 
no representation shall be made that a product 
or service is "blind-made" unless the manufac- 
turer employs blind persons to an extent con- 
stituting not less than seventy-five per cent of 
the total hours worked by personnel engaged in 
the direct labor of production of manufactured 
blind-made products, or services. Direct labor 
production shall mean all work required for the 
preparation, processing and packing but not 
including supervision, administration, inspec- 
tion and shipping, or the production of the 
materials from which the finished product is 
manufactured. 

(3) No person or organization shall sell, dis- 
tribute or exhibit any product or service which 
purports or is advertised to be "blind-made" 
unless the Florida state council for the blind 
shall certify that such product or service com- 
plies with the provisions of subsection (2). 

(4) Any person, including the officers, own- 
ers or members of any corporation or organiza- 
tion that violates the provisions of this section 
shall be punished by fine of not exceeding 
$500.00 or imprisonment not exceeding one year 
or by both such fine and imprisonment. 

History. — Comp. §§1-4, ch. 28029, 1953; transferred from 
§413.09, 1955; tr. from §409.261 and renum. by §2, ch. 61-210. 

413.031 Products, purchase by state agen- 
cies and institutions. — 

(1) DEFINITIONS.— When used in this 
section : 

(a) "Accredited nonprofit workshop" means 
a Florida workshop which has been certified 
by either the Florida council for the blind for 
workshops concerned with blind persons, or the 
division of vocational rehabilitation where other 
handicapped persons are concerned, and such 
workshop means a place where any manufac- 
tured article or handwork is carried on and 
which is operated for the primary purpose of 
providing employment to severely handicapped 
individuals, including the blind, who cannot be 
readily absorbed in the competitive labor mar- 
ket. 



(b) "Handicapped" means an individual so 
severely disabled physically, or mentally, as to 
be unable to enter private industry on a com- 
petitive basis, but who can be made employ- 
able through an accredited nonprofit-making 
agency for the handicapped, and which indi- 
vidual is over the age of sixteen years. 

(2) State institutions and agencies shall, 
where possible, purchase brooms, mops, rugs, 
rubber mats and other supplies (other than 
the products of prison labor) from sheltered 
Florida workshops operated by accredited non- 
profit corporations, provided that such goods 
and supplies are of standard quality and price. 

(3) When convenience or emergency re- 
quires it, the executive director of the Florida 
council for the blind and the director of the 
division of vocational rehabilitation of the 
state department of education, may upon re- 
quest of the purchasing officer of any insti- 
tution or agency relieve him from the obliga- 
tion of this section. 

(4) No state agency or institution shall pur- 
chase products or supplies purporting to be 
made by physically-handicapped persons in 
workshops not certified under the provisions 
of this section. 

(5) Any purchasing officer who violates 
the provisions of this section shall be guilty of 
a misdemeanor and punished according to law. 

History.— §1, ch. 29663, 1955; tr. from §409.262 and renum. by 
§2. ch. 61-210. 

413.041 Needy blind persons; placement in 
vending stands in public places. — For the pur- 
pose of assisting blind persons to become self- 
supporting, the Florida council for the blind is 
hereby authorized to carry on activities to pro- 
mote the employment of needy blind persons, in- 
cluding the licensing and establishment of such 
persons as operators of vending stands on public 
property. The said council may cooperate with 
any agency of the federal government in the fur- 
therance of the provisions of the act of congress 
entitled "An Act to authorize the operation of 
stands in federal buildings by blind persons, to 
enlarge the economic opportunities of the blind 
and for other purposes," public law 732, 74th 
congress, and the said council may cooperate in 
the furtherance of the provisions of any other 
act of congress providing for the rehabilitation of 
the blind that may now be in effect or may here- 
after be enacted by congress. 

History.— §1, ch. 22681, 1945; section repealed by §34, ch. 
26937, 1951 and re-enacted by 821 of same chapter; tr. from 
§409.271 and renum. by §2, ch. 61-210. 

413.051 Needy blind persons; powers of 
governing bodies. — The board of county com- 
missioners of any county, and the board, coun- 
cil, commission or officials in charge of any 
public state, county, or municipal building or 
property in this state may permit the operation 
of vending stands by needy blind persons or 
automatic vending machines by the Florida 
council for the blind for the benefit of needy 
blind persons, on such state, county or muni- 
cipal property under their respective jurisdic- 



Ch. 413 



COUNCIL FOR THE BLIND 



Ch. 413 



tion ; provided, however, that the establishment 
of such vending stands or automatic vending 
machines on public property shall not unduly 
interfere with the use of the public property for 
public purposes; and provided further, that all 
operators of vending stands on such public 
property be licensed by the Florida council for 
the blind and that said stands be operated by, 
or under the supervision and direction of said 
council. 

History.— §2, ch. 22681, 194S; SI, ch. 29141, 1949; section re- 
pealed by §34, ch. 26937, 1951 and re-enacted by §22 of same 
chapter; am. §10, ch. 27991, 1953; tr. from §409.272 and renum. 
by §2, ch. 61-210. 

413.061 Solicitation of funds; prohibition; 
exceptions. — The solicitation of funds or any- 
thing of value, by any means, including the 
sale of merchandise or any form of entertain- 
ment, for the use and benefit of blind persons 
is prohibited unless prior approval for such so- 
licitation is obtained as prescribed in §§409.281- 
409.288 ; provided, these sections shall not ap- 
ply to civic clubs of international affiliation, 
one of the main objects of which is the conser- 
vation of vision and service to the blind. 

History.— §1, ch. 29989, 1955; tr. from §409.281 and renum. by 
§2, ch. 61-210. 

413.062 Application for permit. — Any per- 
son, agency or organization desiring to solicit 
funds or anything of value for the benefit of 
blind persons, shall file a written application 
with the Florida council for the blind. The ap- 
plication shall set forth the time, place and 
type of the proposed solicitation; proposed use 
of the receipts from said solicitation; names 
and addresses of persons who will be respon- 
sible for the proper custody and disposition of 
receipts ; and any other information the Florida 
council for the blind may determine to be 
necessary. 

History.— §1, ch. 29989, 1955; tr. from §409.282 and renum. by 
§2, ch. 61-210. 

413.063 Permit.— The Florida council for 
the blind shall make a thorough investigation 
of the applicant and of the facts alleged in his 
application. If the applicant is found to be re- 
sponsible and the purposes and method of the 
proposed solicitation are determined to be in 
the best interests of blind persons and public 
welfare, the Florida council for the blind shall 
issue to the applicant a written permit author- 
izing him to conduct the proposed solicitation. 
Such permit shall be signed by the executive 
director of the Florida council for the blind and 
shall be limited to a period of one year. It 
shall set forth the specified method, purpose 
and organization of the solicitation which is 
approved and shall list the names of persons 
responsible for its conduct. 

History.— §1, ch. 29989, 1955; tr. from §409.283 and renum. by 
§2, ch. 61-210. 

413.064 Rules and regulations. — The Florida 
council for the blind shall make all necessary 
rules and regulations pertaining to the conduct 
of solicitations for the benefit of blind persons 
and shall determine the amount of compensa- 
tion and expense money which may be retained 



by any person or organization from the pro- 
ceeds of any solicitation within the meaning 
of §§413.061-413.068. 

History. — §1, ch. 29989, 1955; tr. from §409.284, renum. and 
a. by §3, ch. 61-210. 

413.065 Notice of approval. — Every person 
who holds a permit under the provisions of 
§§413.061-413.068, shall cause to appear upon 
every ticket, advertisement, subscription, form, 
placard, article or other bit of property used 
in direct connection with the promotion of such 
solicitation, and shall post in a conspicuous 
place near the entrance to any building or 
structure where any entertainment or sale is 
held hereunder, a statement that such solicita- 
tion activity has been approved by the Florida 
council for the blind. 

History. — §1, ch. 29989, 1955; tr. from §409.285, renum. and 
a. by §3, ch. 61-210. 

413.066 Revocation of permit. — Any failure 
on the part of any person or organization hold- 
ing a permit under the provisions of §§413.061- 
413.068, to comply with the law or with all 
rules and regulations promulgated by the Flor- 
ida council for the blind as authorized by 
§413.064, shall constitute grounds for a revo- 
cation of said permit by the Florida council 
for the blind. 

History.— §1, ch. 29989, 1955; tr. from §409.286, renum. and 
a. by §3, ch. 61-210. 

413.067 Penalty. — Any person who violates 
the provisions of §§413.061-413.068, or any rule 
or regulation promulgated by the Florida coun- 
cil for the blind pursuant to the authority 
hereof is guilty of a misdemeanor and shall be 
punished by a fine of not more than $500.00 
or by imprisonment in the county jail for not 
more than 6 months, or by both such fine and 
imprisonment. 

History.— §1, ch. 29989, 1955; tr. from §409.287, renum. and 
a. by §3, ch. 61-210. 

413.068 Legislative intent. — It is the intent 
of the legislature that the securing of a permit 
from the Florida council for the blind shall be 
a condition precedent to the solicitation of 
funds for the benefit of the blind in this state 
except as otherwise provided in §§413.061- 
413.068, and said sections shall supersede the 
provisions of any county or city law regulating 
the solicitation of such funds which do not 
require such a permit. 

History.— §1, ch. 29989, 1955; tr. from §409.288, renum. and 
a. by §3, ch. 61-210. 

413.069 Exemptions. — Provided that nothing 
contained in §§413.061-413.068, shall interfere 
with the activities of the Florida federation of 
the blind, provided that organization files an 
annual report with the secretary of state show- 
ing total receipts and disbursements by subject. 

History.— §1, ch. 29989, 1955; tr. from §409.289, renum. and 
a. by §3, ch. 61-210. 

413.07 Traffic regulations to assist blind 
persons. — 

(1) It is unlawful for any person, unless 
totally or partially blind or otherwise incapaci- 
tated, while on any public street or highway, 



Ch. 413 



COUNCIL FOR THE BLIND 



Ch. 413 



to carry in a raised or extended position a cane 
or walking stick which is white in color or 
white tipped with red. 

(2) Whenever a pedestrian is crossing or 
attempting to cross a public street or highway, 
guided by a guide dog or Carrying in a raised 
or extended position a cane or walking stick 
which is white in color or white tipped with 
red, the driver of every vehicle approaching 
the intersection, or place where such pedestrian 
is attempting to cross, shall bring his vehicle 
to a full stop before arriving at such inter- 
section or place of crossing, and before pro- 
ceeding shall take such precautions as may be 
necessary to avoid injuring such pedestrian. 

(3) Nothing contained in this section shall 
be construed to deprive any totally or partially 
blind or otherwise incapacitated person, not 
carrying such a cane or walking stick or not 
being guided by a dog, of the rights and privi- 
leges conferred by law upon pedestrians cross- 
ing streets or highways, nor shall the failure of 
such totally or partially blind or otherwise in- 
capacitated person to carry a cane or walking 
stick, or to be guided by a guide dog upon 
the streets, highways or sidewalks of this state, 
be held to constitute nor be evidence of con- 
tributory negligence. 



(4) Any person who violates any provision 
of this section, shall upon summary conviction 
thereof, be sentenced to pay a fine not exceed- 
ing twenty-five dollars and costs of prosecu- 
tion, and in default of payment thereof, shall 
undergo imprisonment not exceeding ten days. 

History.— Comp. 881-4, ch. 25269, 1949. 
Sub. §(3) am. §10, ch. 26484, 1951. 

413.08 "Dog guide" to accompany blind 
master into hotels, restaurants, eating estab- 
lishments; unlawful to prohibit or interfere 
with. — 

(1) It shall be lawful for any "dog guide" 
to accompany his blind master into any hotel, 
restaurant or eating establishment, and it shall 
be unlawful for any person, directly or indi- 
rectly, either to prohibit, hinder or interfere 
with his doing so; provided the said blind 
master otherwise complies with the limitations 
applicable to sighted persons. 

(2) Any person violating the provisions of 
this section shall be guilty of a misdemeanor, 
and upon conviction shall be punished by a 
fine, not exceeding one hundred dollars, or by 
imprisonment in the county jail for a period 
not exceeding sixty days, or by both such fine 
and imprisonment. 

History.— §1, ch. 25268, 1949; (1) a. by §1, ch. 61-217. 



Ch. 414 



POOR MOTHERS WITH DEPENDENT CHILDREN 



Ch. 414 



CHAPTER 414 
POOR MOTHERS WITH DEPENDENT CHILDREN 



414.01 County aid for poor mothers. 

414.02 Allowance authorized. 

414.03 Condition of allowance. 

414.04 When allowances shall cease. 

414.05 Female relative. 

414.06 How carried into effect. 

414.07 History of each case. 

414.08 How families are to be investigated. 

414.01 County aid for poor mothers. — The 

county commissioners of the several counties of 
the state may provide in the annual budget 
of the general revenue fund an appropria- 
tion sufficient to meet the purposes of this law 
for the support of women of insufficient income, 
who have dependent upon them for food, raiment, 
and education, orphans, or half-orphan children 
under sixteen years of age, including any woman 
whose husband is dead or is an inmate of some 
state institution, or whose husband is divorced 
from her, or whose husband has been prosecuted 
for desertion or non-support and has been ad- 
judicated by the court where prosecuted to be 
wholly unable to support his wife and children, 
or whose husband is permanently incapacitated 
for work by reason of any mental or physical 
infirmity, and any woman who is the mother of 
a child if her own support and the support of 
the child depend wholly or partially upon her 
labor, shall be entitled to the assistance as pro- 
vided for in this chapter for the support of her- 
self and for her child. 

History.— §1, ch. 18759, 1929; CGL 1936 Supp. 8727(1). 

414.02 Allowance authorized. — The allow- 
ance for the aid of such women shall not exceed 
twenty-five dollars a month when she has but one 
child under sixteen years of age. If she has more 
than one child under the age of sixteen years 
it shall not exceed twenty-five dollars for the 
first child, and eight dollars a month for each 
of the other children. 

History.— §2, oh. 13759, 1929; CGL 1936 Supp. 3727(2). 

414.03 Condition of allowance. — The county 
commissioners of their respective counties may 
levy a tax of not more than one mill on all tax- 
able property of their respective counties for 
the purpose of supplying funds to carry this 
chapter into effect, and provide means for the 
same, provided the condition of allowance of said 
allotment shall be made by the county commis- 
sioners after due investigation of each case by 
and through such agency as the board of county 
commissioners shall deem advisable, and only 
upon the following conditions: 

(1) The child for whose benefit the allowance 
is made, must be living with the mother of such 
child, or other relative within the second degree, 
or guardian approved by the proper authorities. 

(2) The mother must, in the judgment of the 
county commissioners of such county, which body 
shall finally pass upon all applications for aid 
under this chapter, be a proper person morally, 
physically and mentally fitted for the bringing 



414.09 Other persons may be appointed to car- 

ry law intp effect. 

414.10 Where child may reside. 

414.11 Require attendance at school. 

414.12 County commissioners may designate 

county welfare board to carry law 
into effect. 

up of the child, and shall be in actual need of the 
aid provided by this chapter. 

(3) Said allowance shall, in the judgment of 
the county commissioners, be necessary to save 
the child from neglect. 

(4) No person shall receive the benefit of this 
chapter who shall not have been a resident of 
the state for at least two years and a resident 
of the county in which the allowance is given, 
for at least one year next before the making of 
the application for aid in such county. 

History.— §3, ch. 13759, 1929; CGL, 1936 Supp. 3727(3). 

414.04 When allowances shall cease. — When- 
ever any child shall reach the age of sixteen years, 
or the mother shall remarry, the allowance to 
the mother or the children shall cease; provided, 
however, that if it is made to appear to the 
board of county commissioners, after an investi- 
gation, that there exists some special reason that 
it is for the best interest of any child, as well 
as for society, to continue said allowance for a 
longer period of time such allowance may be 
continued for such time as the justice of the 
case may demand. In all cases, however, when 
the mother remarries all allowances shall cease. 

History.— 54, ch. 13759, 1929; CGL, 1936 Supp. 3727(4). 

414.05 Female relative. — The provisions of 
this chapter shall also be extended for the bene- 
fit of orphan children who are dependent on some 
female relative unable to support them, or to any 
children under guardianship who are dependents 
or paupers and have no means of support. 

History.— 85, ch. 13759, 1929; CGL, 1936 Supp. 8727(5). 

414.06 How carried into effect. — In order 

to carry the provisions of this chapter into effect, 
the board of county commissioners shall have di- 
rect supervision of the investigation of all cases 
and they may, in their discretion, use all county 
agencies for purposes of such investigation, and 
shall have the assistance of the state boards of 
health, public instruction and public welfare, in 
investigating all persons entitled to the pro- 
visions of this chapter in the gathering of data 
and the history, and making a report on each 
case, and to this end the necessary blanks will 
be provided, and the state board of public wel- 
fare shall provide uniform blanks to be printed 
and paid for by the counties to be used in gather- 
ing and recording the history of each case. 

History ^86, ch. 18769, 1929; CGL 1936 Supp. 3727(6). 

414.07 History of each case. — The history 
of each case, when investigated by the agency or 
agencies used by the board of county commis- 
sioners, shall be made up in duplicate, the original 



Ch. 414 



POOR MOTHERS WITH DEPENDENT CHDLDREN 



Ch. 414 



to be filed with the board of county commis- 
sioners of the county, and one copy to be for- 
warded to and filed with the state board of public 
welfare. 

History.— §7, ch. 13769, 1929; CGL, 1936 Supp. 3727(7). 

414.08 How families are to be investigated. 

— The board of county commissioners of each 
county shall require the persons or agencies used 
for making the required investigation, to care- 
fully and speedily investigate the condition of 
any and all poor mothers' children, orphan and 
half-orphan children, whose needs may be 
brought to their attention, and after having 
gathered the history of each case and recorded 
such history upon the blanks as hereinbefore 
required to be provided, to immediately place 
such report of such case before the board of 
county commissioners of such county for im- 
mediate action, and the said board of county 
commissioners shall examine such report and 
immediately take up such application and grant 
or reject such application, as the board of county 
commissioners in their judgment shall find the 
applicant entitled by this chapter. 

History.— §8, ch. 13759, 1929; CGL 1936 Supp. 8727(8). 

414.09 Other persons may be appointed to 
carry law into effect. — In making the investi- 
gations of cases, as required by this chapter, the 
board of county commissioners shall use, so far 
as possible, some employee of the county trained 
in such work, who shall not receive any addition- 
al compensation therefor, or in the absence of 
such employee the board of county commissioners 
shall appoint three capable women, residents of 
such county, who will be willing to accept such 
appointment and serve without compensation, to 
investigate and report such case or cases as may 
be submitted to them of poor mothers, orphans 
and half -orphan children entitled to the provisions 
of this chapter, and such persons so appointed 
shall individually or collectively make their in- 



vestigation of the case submitted to them as 
provided for in §414.08. 

History.— §9, ch. 13769, 1929; CGL 1936 Supp. 3727(9). 

414.10 Where child may reside. — The child 
to whom the allowance is made under this chapter 
must be living with the mother, or other female 
guardian of such child, unless special privilege 
of separation is authorized by the board of coun- 
ty commissioners, such separation to be granted 
where advantageous for the sake of the child's 
education or general welfare. 

History.— §10, ch. 13759, 1929; CGL. 1936 Supp. 3727(10). 

414.11 Require attendance at school. — All 

children receiving aid under the provisions of 
this chapter, if of school age and physically and 
mentally qualified, shall be required to attend 
the schools of the county during the whole term 
or terms of such schools, and upon failure of 
such children to attend schools for the whole 
term or terms thereof, the aid herein provided 
for such mothers and children shall cease with- 
out notice. No aid shall be paid for those of 
school age except upon the monthly certificate 
of the principal or head of the school or schools 
attended by such children that they have regu- 
larly attended the schools during the month in 
question or have been duly excused by him. 

History.— §12, ch. 13769, 1929; CGL 1936 Supp. 3727(12). 

414.12 County commissioners may designate 
county welfare board to carry law into effect. — 

In those counties having county welfare boards, 
the board of county commissioners may designate 
such welfare board, and it shall be the duty of 
such board, to make the investigation of all cases, 
and to pass upon all applications for aid; to pay 
the benefits authorized by this chapter; and the 
board of county commissioners is authorized, 
from the appropriation and tax levy authorized 
by this chapter, to disburse same to such welfare 
board for administration. 

HUtory.— Jl, ch. 22716, 1945. 



Ch. 416 DETENTION HOMES AND SCHOOLS FOR DELINQUENT CHILDREN Ch. 416 



CHAPTER 416 
DETENTION HOMES AND SCHOOLS FOR DELINQUENT CHILDREN 



416.01 County commissioners authorized to es- 

tablish; who may be placed in de- 
tention homes. 

416.02 Counties maintaining no detention 

home. 

416.03 Judge of juvenile court may parole. 

416.04 Literary and industrial training. 

416.05 Certain counties may unite in maintain- 

ing homes; board of trustees; pro- 
visos. 

416.01 County commissioners authorized to 
establish; who may be placed in detention 
homes. — In all counties of this state the board 
of county commissioners may provide and main- 
tain at public expense a detention room, or 
house of detention, separated or removed from 
any common jail or lockup, to be in charge of 
a matron or other person of good moral char- 
acter, wherein all the delinquent children with- 
in the provisions of chapter 39, shall, when 
necessary, be detained. In all counties main- 
taining detention homes, no children guilty of 
minor offenses shall be committed to the Flor- 
ida industrial school for boys except it be 
deemed necessary after a trial term in said 
detention home. Such terms shall never be 
longer than one year. Children under twelve 
years of age shall not be committed to the 
Florida industrial school for boys, from any 
county unless after probation care it is found 
necessary. 

History.— §1, oh. 6841, 1915; RGS 2344; CGL 3740. 
cf. — Chs. 955 and 956, Florida schools for boys and girls. 

416.02 Counties maintaining no detention 
home. — In all counties having a population of 
less than ten thousand and which do not unite 
with a city or other county or counties, as 
hereinafter provided, the children detained un- 
der this chapter may be transferred to some 
county maintaining a detention home and their 
maintenance shall be paid for from the general 
funds of the county in which the commitment 
is made; and commitment to the Florida in- 
dustrial school for boys by said last named 
counties shall only be made when necessary 
as above set out. 

History.— §1, ch. 6841, 1915; RGS 2345; CGL. 3741. 

416.03 Judge of juvenile court may parole. 

— The judge of the juvenile court in any county 
maintaining a detention home may parole on 
good behavior any children committed to a de- 
tention home, and return them to their homes 
on parole to a probation officer whether they 
be from his own or some other county. But he 
shall first give notice to and confer with the 
judge who made the commitment. 

History.— §1, ch. 6841, 1915; RGS 2346; CGL 3742. 
cf. — Ch. 39, Juvenile courts. 

416.04 Literary and industrial training. — In 

any county which has a city of ten thousand 
population or over, as given by the last United 
States census, a regular literary and industrial 
school training at the public expense shall be 



416.06 



416.07 
416.08 



County commissioners authorized to ac- 
quire land for home ; increase millage 
of taxation; superintendent; other 
employees. 

County board of visitors ; term of office. 

Duties of board of visitors; compensa- 
tion. 



provided for by the board of county commis- 
sioners for the benefit of children who are de- 
tained in its detention home. 

And in counties having no city of ten thous- 
and or over and which do not unite with a 
city or other county or counties as hereinafter 
provided, the children committed shall be 
transferred as soon as possible after commit- 
ment to some county maintaining a literary 
and industrial school training in its detention 
home, and their maintenance shall be provid- 
ed for from the general funds of the county in 
which the commitment is made. 

History.— §2, ch. 6841, 1915; RGS 2347; CGL 3743. 

416.05 Certain counties may unite in main- 
taining homes; board of trustees; provisos. — 

A county having a population of less than ten 
thousand, or a population of ten thousand or 
over, but having no city of ten thousand, ac- 
cording to the last United States census, may 
unite with one, or two or three adjacent coun- 
ties, or unite with a city within that county, 
in maintaining a detention home and indus- 
trial school. 

When the board of county commissioners 
and the city council, or the boards of county 
commissioners of the two, three or four adja- 
cent counties shall agree to unite, the legisla- 
tive bodies of the several counties or of the 
city and county so uniting, shall elect a board 
of trustees for the joint detention home and 
school, to consist of five or seven members 
who shall be chosen from the membership of 
the boards of the counties so uniting, or from 
the membership of the board of the county 
and of the city council so uniting in the ap- 
proximate proportion to the census, children 
between six and seventeen years of age in 
the territories uniting. 

The members so appointed shall serve for 
the remainder of the term of office for which 
they were elected on their respective boards 
of commissioners or council, and when vacan- 
cies occur on said board of trustees of joint 
detention homes, they shall be filled by the 
board or council making the original appoint- 
ment. 

All powers and duties by any section of this 
chapter conferred or imposed upon the boards 
of county commissioners are hereby conferred 
upon these boards of trustees for the support 
of a joint detention home; provided, however, 



Ch. 416 DETENTION HOMES AND SCHOOLS FOR DELINQUENT CHILDREN Ch. 416 



that in estimating the expense for maintenance 
of a joint detention home, the amount of 
money needed for the payment of teachers' 
salaries and for the furnishing of school sup- 
plies, shall be included in the estimate of 
expenses; and provided, further, that the es- 
timate shall be transmitted to the boards of 
county commissioners, or to the boards of 
commissioners and the city council, of terri- 
tory so uniting. 

History.— §3, ch. 6841, 1915; RGS 2348; CGI. 3744. 

416.06 County commissioners authorized to 
acquire land for home; increase millage of 
taxation; superintendent; other employees. — 

The board of county commissioners of every 
county may accept as a gift, or may purchase, 
the land necessary for said detention home, 
and may increase the millage of taxation for 
the purpose of establishing and maintaining 
same. A detention home shall not be deemed 
to be, nor treated as a penal institution, but 
a home. The board of county commissioners 
must also provide for a suitable superinten- 
dent or matron, or both, to have charge of 
such detention home, and for such other em- 
ployees as may be needed in the efficient man- 
agement of such detention home and provide 
for the payment out of the general funds of 
the county for suitable salaries for such super- 
intendent and matron and other employees as 
may be necessary; and the superintendent and 
matron and other needed employees shall be 
appointed by said board on the nomination 
of the county board of visitors hereinafter 
provided, and the approval of the judge of 
the juvenile court. The superintendent, matron 
and other needed employees shall be appointed 
on merit and may at any time be removed 
by the county board of visitors in its discre- 
tion, with the approval of the county judge, 
after charges have been duly preferred and 
hearings given. 

History.— §4, ch. 6841, 1915; RGS 2349; CGL, 3745. 

416.07 County board of visitors; term of 
office. — The judge of the juvenile court in and 
for each county of the state, shall, by an 
order entered in the minutes of the court, ap- 
point seven discreet citizens of good moral 
character, without regard to politics, three or 
more of whom shall be women, to be known 
as the county board of visitors, and shall fill 
all vacancies occurring in such committee. The 
judge shall immediately notify each person 
appointed on said committee, and thereupon 
said persons shall appear before the judge of 
the juvenile court and qualify by taking oath, 
which shall be entered in said juvenile court 
record, to faithfully perform the duties of a 
member of said county board of visitors. 

The members of such visiting committee 
shall hold office for four years and until their 
successors are appointed and qualify; pro- 



vided, that of those first appointed, one shall 
hold office for one year, two for two years, 
two for three years, and two for four years; 
the terms for which the respective members 
shall hold office to be determined by lot as 
soon after their appointment as may be. When 
any vacancy occurs in any visiting commit- 
tee by expiration of the term of office of 
any member thereof, his successor shall be 
appointed to hold office for the term of four 
years; when any vacancy occurs for any other 
reason, the appointee shall hold office for the 
unexpired term of his predecessor. 

History.— §5, ch. 6841, 1915; RGS 2350; CGL 3746. 

416.08 Duties of board of visitors; com- 
pensation. — The county board of visitors shall 
visit, without previous notice, not less than 
four times a year, all persons, institutions, 
societies, and associations, except state insti- 
tutions receiving children under this chapter; 
said visits shall be made by not less than two 
members of the board who shall go together, 
or shall make a joint report; said board of 
visitors shall report to the juvenile court from 
time to time the condition of children re- 
ceived by, or in charge of such persons, as- 
sociations or institutions, and shall make an 
annual report in writing to the judge of the 
juvenile court, and on request, to the board 
of county commissioners, in such form as the 
court may prescribe, on the qualifications and 
management of such persons, associations and 
institutions, and in such report may make 
such suggestions or comments as to them 
may seem fit; such report to be filed in the 
office of the juvenile court prior to the first 
day in November. 

Such persons, associations or institutions 
shall make reports to said visiting board show- 
ing their condition, management and compe- 
tency to adequately care for such children as 
may be committed to them, and such other 
facts as said board may require. 

The court shall in no case commit a child 
to any person, association or institution whose 
standing, conduct, or care of children is not 
satisfactory to the court. 

Said board of visitors shall also have the 
control and management of the internal af- 
fairs of any detention home or school estab- 
lished by the board of commissioners of their 
county, and the board of county commissioners 
shall provide for the proper equipment of the 
home and for the payment of such employees 
as may be needed in the efficient management 
of such detention home. 

Said committee shall serve without compen- 
sation, but shall be reimbursed for traveling 
expenses as provided in §112.061 by the board 
of county commissioners upon a written order 
for the amount of such expenses endorsed by 
the judge of the juvenile court. 



History.— §5, ch. 6841, 1915; RGS 2351; CGL 3747; 
63-400. 



§19, ch. 



Ch. 41/ 



CHILD WELFARE 



Ch. 417 



CHAPTER 417 
CHILD WELFARE 



417.01 Florida children's commission; mem- 

bers; term of office of commission- 
ers; meetings. 

417.02 Duties. 

417.01 Florida children's commission; mem- 
bers; term of office of commissioners; meet- 
ings. — That there is hereby created the Florida 
children's commission, which shall consist of 
not less than fifteen nor more than twenty-one 
members all to be appointed by the governor of 
Florida. The membership of the commission 
shall include the state superintendent of public 
instruction, the state health officer, the state 
welfare commissioner and the chairman of the 
crippled children's commission. One-third of 
the members shall be appointed for the term of 
four years, one-third for the term of three years, 
and one-third for the term of two years, and 
thereafter the terms of office of each member 
shall be four years. The members shall serve 
without compensation, but shall be reimbursed 
for traveling expenses as provided in §112.061 
in attending meetings of the commission. The 
members shall be selected because of their 
broad interests and knowledge, and their abil- 
ity to make contributions in specialized fields 
and their concern for children. The members 
shall, each year, select one of their own num- 
ber as chairman. There shall be no less than 
three meetings of the commission each year; 
one of which shall be held in July, at which 
time the chairman shall be selected. The com- 
mission shall supersede and take over the duties 
of the present Florida children's committee. 

History.— SI, ch. 23810, 1947; 111, oh. 25035, 1949; §19, eh. 
63-400. 
ci. — Ch. 391, Florida crippled children's commission. 

417.02 Duties.— The duties of the Florida 
children's commission shall be: 

(1) To ascertain the facts concerning the 
needs of children and youth in the state through 
adequate research studies; such research to be 
carried on whenever possible through the de- 
partments or agencies of the state government 
responsible for providing services in the fields 
of health, education, social welfare, employment 
and related services, but where such research 
cannot be done within the established state 
agencies, it shall be carried out by this commis- 
sion. 

(2) To review legislation pertaining to chil- 
dren and youth and appropriations made for 
services in their behalf in such fields as health, 
child guidance, social service, education, recrea- 
tion, child labor, juvenile courts, probation, and 
parole service, and detention facilities, and to 
consider and present revisions and additions 
needed, and report to the governor of this state 
and the legislature regarding such legislation. 

(3) To appraise the availability, adequacy, 
and accessibility of all services for children and 
youth within the state. 

(4) To maintain contacts with local, state 
and federal officials and agencies concerned 
with planning for children and youth. 



417.03 County committee. 

417.04 Employment of director and other per- 

sonnel. 



(5) To encourage and foster local com- 
munity action in behalf of children through the 
local county children's committees. 

History.— §2, ch. 23810, 1947. 

417.03 County committee. — The governor 
shall appoint, in each county in the state, a com- 
mittee of not less than nine persons charged 
with the duty and responsibility of developing 
such information as the Florida children's com- 
mission shall require concerning the needs of 
children within the respective counties, and sub- 
mitting to the Florida children's commission 
plans and proposals for meeting the needs of 
children in the several counties. The county 
committees shall include the judge of the juve- 
nile court, or the county judge in counties hav- 
ing no juvenile court judge, a member of the 
district welfare board, a member of the board 
of county commissioners, the county school 
superintendent or a member of the county 
school board, and the director of the county 
health unit where one exists. The other members 
shall be selected because of their interest in the 
needs of children, their effectiveness in promot- 
ing child welfare within the county, and their 
knowledge of local conditions, and the chairman 
shall be elected from the nonofficial members of 
the committee. One of the nonofficial members 
of the county committees shall be appointed for 
four years, two for three years, where five non- 
official members are appointed, and two for two 
years, and thereafter their successors shall be 
appointed for terms of four years. The mem- 
bers of the county committees shall receive no 
compensation for their services. 

History.— S3, ch. 23810, 1947. 
Am. §11, ch. 25035, 1949. 

417.04 Employment of director and other 
personnel. — In order to carry out the objectives 
of the Florida children's commission, the com- 
mission shall select and employ a director as 
follows : 

(1) The director shall have the professional 
training of recognized grade in one of the fields 
of work for children, social work, education, 
youth service, or child health, with at least five 
years of recent experience in one of these fields 
with a minimum of three to five years' experi- 
ence in a supervisory or consultative position. 

(2) The director to the Florida children's 
commission shall assist in coordinating the 
programs of all state youth serving agencies; 
shall plan, organize and coordinate the activi- 
ties of the county children's committees; shall 
make state-wide surveys of factors contributing 
to juvenile delinquency, and of the resources, 
facilities and services available within the 
counties and from the state to counteract 



Ch. 417 



CHILD WELFARE 



Ch. 417 



juvenile delinquency; shall secure statistical 
data from the county committees and from 
state and local agencies; shall arrange for the 
exchange of information, plans and programs 
between public and private groups interested in 
youth guidance; shall prepare articles, reports 
and bulletins for the use of the Florida children's 
commission and county committees and agencies 
and for general publication ; and shall keep and 
maintain records and reports and conduct corre- 



spondence relative to the work of the commis- 
sion. 

(3) The commission may employ such cleri- 
cal and other assistants to the director as shall 
be necessary to carry out the provisions of this 
section subject to the rules and regulations of 
the state merit system council as adopted by the 
state personnel board. 

History.— §4, ch. 23810, 1947; (1), (2) A. (3) N. by {1, ch. 
S7-168. 



Ch. 418 



PLAYGROUNDS AND RECREATION CENTERS 



Ch. 418 



CHAPTER 418 
PLAYGROUNDS AND RECREATION CENTERS 



418.01 Scope of chapter; definition. 

418.02 Recreation centers; use and acquisi- 

tion of land; equipment and main- 
tenance. 

418.03 Supervision. 

418.04 Playground and recreation board. 

418.05 Cooperation with other units and 

boards. 

418.01 Scope of chapter; definition. — This 
chapter shall apply to all cities, towns and 
counties of the state. The term "such munici- 
pality or county" as used in this chapter refers 
to and means any city, town or county of the 
state. 

History.— §1, ch. 10100, 1925; CGL 3728. 

418.02 Recreation centers; use and acquisi- 
tion of land; equipment and maintenance. — 

The governing body of any such municipality 
or county may dedicate and set apart for use 
as playgrounds and recreation centers and other 
recreation purposes, any lands or buildings, 
or both, owned or leased by such munici- 
pality or county and not dedicated or de- 
voted to another or inconsistent public use; 
and such municipality or county, may, in such 
manner as may now or hereafter be author- 
ized or provided by law for the acquisition 
of lands or buildings for public purposes by 
such municipality or county, acquire or lease 
lands or buildings, or both, within or beyond 
the corporate limits of such municipality or 
county, for playgrounds, recreation centers 
and other recreational purposes and when the 
governing body of the municipality or county 
so dedicates, sets apart, acquires or leases 
lands or buildings for such purposes, it may, 
on its own initiative, provide for their con- 
duct, equipment, and maintenance according 
to provisions of this chapter, by making an 
appropriation from the general municipal or 
county funds. 

History.— §2, ch. 10100, 1925; CGL 3729. 

418.03 Supervision. — The governing body of 
any such municipality or county may establish 
a system of supervised recreation and it may, 
by resolution or ordinance, vest the power 
to provide, maintain and conduct playgrounds, 
recreation centers and other recreational activi- 
ties and facilities in the school board, park 
board, or other existing body or in a play- 
ground and recreation board as the govern- 
ing body may determine. Any board so desig- 
nated shall have the power to maintain and 
equip playgrounds, recreation centers and 
the buildings thereon, and it may, for the pur- 
pose of carrying out the provisions of this 
chapter, employ play leaders, playground di- 
rectors, supervisors, recreation superinten- 
dents or such other officers or employees as 
they deem proper. 

History.— §3, ch. 10100, 1925; CGL 3730. 

418.04 Playground and recreation board. — 

If the governing body of any such munici- 



418.06 Gifts, grants, devises and bequests. 

418.07 Issuance of bonds. 

418.08 Petition for referendum. 

418.09 Resolution or ordinance providing for 

recreation system. 

418.10 Tax levy. 

418.11 Payment of expenses and custody of 

funds. 

pality or county shall determine that the 
power to provide, establish, conduct and main- 
tain a recreation system as aforesaid shall 
be exercised by a playground and recreation 
board, such governing body shall, by resolu- 
tion or ordinance, establish in such munici- 
pality or county a playground and recrea- 
tion board which shall possess all the powers 
and be subject to all the responsibilities of 
local authorities under this chapter. Such 
board, when established, shall consist of five 
persons serving without pay, to be appointed 
by the mayor or presiding officer of such 
municipality or county. The term of office shall 
be for five years, or until their successors are 
appointed and qualified, except that the mem- 
bers of such board first appointed shall be 
appointed for such terms that the term of one 
member shall expire annually thereafter. Im- 
mediately after their appointment, they shall 
meet and organize by electing one of their 
members president and such other officers as 
may be necessary; vacancies in such boards 
occurring otherwise than by expiration of term 
shall be filled by the mayor or presiding officer 
of the governing body only for the unexpired 
term. 

History.— §4, ch. 10100, 1925; CGL 3731. 

418.05 Cooperation with other units and 
boards. — Any two or more municipalities or 
counties may jointly provide, establish, main- 
tain and conduct a recreation system and 
acquire property for and establish and main- 
tain playgrounds, recreation centers and other 
recreational facilities and activities. Any 
school board may join with any municipality 
in conducting and maintaining a recreation 
system. 

History.— §5, ch. 10100, 1925; CGL 3732. 

418.06 Gifts, grants, devises and bequests. 

— A playground and recreation board or other 
authority in which is vested the power to 
provide, establish, maintain and conduct such 
supervised recreation system may accept any 
grant or devise of real estate or any gift or 
bequest of money or other personal property 
or any donation to be applied, principal or 
income, for either temporary or permanent 
use for play grounds or recreation purposes, 
but if the acceptance thereof for such pur- 
poses will subject such municipality or county 
to additional expense for improvement, main- 
tenance or renewal, the acceptance of any 
grant or devise of real estate shall be subject 



Ch. 418 



PLAYGROUNDS AND RECREATION CENTERS 



Ch. 418 



to the approval of the governing body of such 
municipality or county. 

Money received for such purpose, unless 
otherwise provided by the terms of the gift 
or bequest, shall be deposited with the treas- 
urer of such municipality or county to the 
account of the playground and recreation board 
or commission or other body having charge 
of such work, and the same may be withdrawn 
and paid out by such body in the same man- 
ner as money appropriated for recreation 
purposes. 

History.— §6, ch. 10100, 1926; CGL, 3783. 

418.07 Issuance of bonds. — The governing 
body of such municipality or county may, 
pursuant to law and in conformity with the 
constitution of this state, provide that the 
bonds of such municipality or county may be 
issued in the manner provided by law for 
the issuance of bonds for other purposes, for 
the purpose of acquiring lands or buildings 
for playgrounds, recreation centers and other 
recreational purposes and for the equipment 
thereof. 

History.— 17, ch. 10100, 1925; CGL 8734. 

418.08 Petition for referendum. — Whenever 
a petition signed by at least five per cent of the 
qualified and registered electors in such mu- 
nicipality or county shall be filed with the gov- 
erning body of such municipality or county, 
requesting the governing body of such munic- 
ipality or county to provide, establish, main- 
tain and conduct a supervised recreation sys- 
tem and to levy an annual tax for the conduct 
and maintenance thereof of not more than one 
mill on each dollar of assessed valuation of all 
taxable property within the corporate limits or 
boundaries of such municipality or county, the 
governing body of such municipality or county 
shall cause the question of the establishment, 
maintenance and conduct of such supervised 
recreation system to be submitted to the qual- 
ified electors who are freeholders, to be voted 
upon at the next general or special election of 
such municipality or county; provided, how- 
ever, that such question shall not be voted 
upon at the next general or special election un- 
less such petition shall have been filed at least 
thirty days prior to the date of such election. 

History.— §8, ch. 10100, 1925; CGL 3735; §1, ch. 63-489. 
ef. — §193.32 Annual tax levies, limitations. 



418.09 Resolution or ordinance providing 
for recreation system. — Upon the adoption of 
such proposition by a majority of those vot- 
ing on it at an election, the governing body 
of such municipality or county shall, by ap- 
propriate resolution or ordinance, provide for 
the establishment, maintenance and conduct 
of such supervised recreation system as they 
may deem advisable and practicable to provide 
and maintain out of the tax money thus voted. 
The said governing body may designate, by 
appropriate resolution or ordinance, the board 
or commission to be vested with the powers, 
duties and obligations necessary for the estab- 
lishment, maintenance and conduct of such 
recreation system as provided for in this 
chapter. 

History.— §9, ch. 10100, 1925; CGL 8738. 

418.10 Tax levy. — The governing body of 
such municipality or county adopting the 
provisions of this chapter at an election and 
until revoked at an election by a majority of 
the qualified voters who are freeholders, shall 
thereafter annually levy and collect a tax of 
not less than the minimum nor more than 
the maximum amount set out in the said pe- 
tition for such election, which tax shall be 
designated as the "playground and recreation 
tax" and shall be levied and collected in like 
manner as the general tax of such municipality 
or county. 

History.— §10, ch. 10100, 1925; CGL 8737. 

418.11 Payment of expenses and custody 
of funds. — The cost and expense of the estab- 
lishment, maintenance and conduct of a sup- 
ervised recreation system of playgrounds, 
recreation centers and other recreational fa- 
cilities and activities shall be paid out of 
taxes or money received for this purpose, and 
the playground and recreation board or com- 
mission, or other authority in which is vested 
the power to provide, establish, conduct and 
maintain a supervised recreation system and 
facilities as aforesaid, shall have exclusive 
control of all moneys collected or donated to 
the credit of the playground and recreation 
fund. 

History.— §11, ch. 10100, 1925; CGL 3738. 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



CHAPTER 421 
HOUSING AUTHORITIES LAW 



421.01 Short title. 

421.02 Finding and declaration of necessity. 

421.03 Definitions. 

421.04 Creation of housing authorities. 

421.05 Appointment, qualifications and tenure 

of commissioners. 

421.06 Interested commissioners or employees. 

421.07 Removal of commissioners. 

421.08 Powers of authority. 

421.09 Operation not for profit. 

421.091 Financial accounting and investments. 

421.10 Rentals and tenant selection. 
421.101 False representations to obtain lower 

rent in housing accommodations; 
penalty. 

421.11 Cooperation of authorities. 

421.12 Eminent domain. 

421.13 Planning, zoning and building laws. 

421.14 Debentures. 

421.15 Form and sale of debentures. 

421.16 Provisions of debentures and trust in- 

dentures. 

421.17 Validation of debentures and proceed- 

ings. 

421.18 Remedies of an obligee of authority. 

421.19 Additional remedies conferrable by au- 

thority. 

421.20 Exemption of property from execution 

sale. 

421.21 Aid from federal government; tax ex- 

emptions. 

421.22 Reports. 

421.23 Liabilities of authority. 

421.24 Organization and establishment. 

421.25 Contracts and undertakings. 

421.26 Notes and bonds. 

421.261 Continuance of municipal housing au- 
thorities when municipality abol- 
ished; counties in excess of 400,000. 

421.27 Housing authorities in counties. 

421.28 Creation of regional housing authority. 

421.01 Short title.— This chapter may be re- 
ferred to as the "Housing Authorities Law." 

History.— 51, ch. 17981, 1937; CGli 1940 Supp. 7100 (3-a). 

421.02 Finding and declaration of necessity. 

— It is hereby declared : 

(1) that there exist in the state insanitary 
or unsafe dwelling accommodations and that 
persons of low income are forced to reside in 
such insanitary or unsafe accommodations; 
that within the state there is a shortage of 
safe or sanitary dwelling accommodations 
available at rents which persons of low in- 
come can afford and that such persons are 
forced to occupy overcrowded and congested 
dwelling accommodations; that the aforesaid 
conditions cause an increase in and spread of 
disease and crime and constitute a menace to 
the health, safety, morals and welfare of the 
residents of the state and impair economic 
values; that these conditions necessitate ex- 
cessive and disproportionate expenditures of 
public funds for crime prevention and punish- 



421.29 Area of operation of regional housing 

authority. 

421.30 Commissioners of regional authorities. 

421.31 Powers of regional housing authority; 

definitions. 

421.32 Rural housing projects. 

421.33 Housing applications by farmers. 

421.34 Additional definitions. 

421.35 Supplemental nature of sections. 

421.36 Short title. 

421.37 Defense housing; finding and declara- 

tion of necessity. 

421.38 Defense housing by authorities. 

421.39 Acting for federal government on de- 

fense housing. 

421.40 Cooperation by public bodies on de- 

fense housing. 

421.41 Bonds for defense housing legal invest- 

ments. 

421.42 Defense housing contracts validated. 

421.43 Removal of restrictions for defense 

housing. 

421.44 Defense housing; definitions. 

421.45 Provisions supplemental. 

421.46 Organization and establishment of 

housing authorities validated. 

421.47 Contracts and undertakings of housing 

authorities validated. 

421.48 Notes and bonds of housing authorities 

validated. 

421.49 Area of operation of housing authori- 

ties for defense housing. 

421.50 Decreasing area of operation of region- 

al authority. 

421.51 Authority for county excluded from re- 

gional authority. 

421.52 Authorities; creation, obligations, etc., 

validated. 

421.53 Housing authority, Pinellas county; 

limitation. 



ment, public health, welfare and safety, fire 
and accident protection, and other public ser- 
vices and facilities; (2) that slum areas in the 
state cannot be cleared, nor can the shortage 
of safe and sanitary dwellings for persons of 
low income be relieved, through the operation 
of private enterprise, and that the construc- 
tion of housing projects for persons of low in- 
come (as herein defined} would therefore not 
be competitive with private enterprise; (3) 
that the clearance, replanning and reconstruc- 
tion of the areas in which insanitary or un- 
safe housing conditions exist and the provid- 
ing of safe and sanitary dwelling accommoda- 
tions for persons of low income (including the 
acquisition by a housing authority of property 
to be used for or in connection with housing 
projects or appurtenant thereto) are exclusive- 
ly public uses and purposes for which public 
money may be spent and private property ac- 
quired and are governmental functions of pub- 
lic concern; (4) that the necessity in the pub- 
lic interest for the provisions hereinafter enact- 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



ed, is hereby declared as a matter of legislative 
determination. 

History.— §2, ch. 17981. 1987; COL 1940 Supp. 7100(8-b). 

421.03 Definitions. — The following terms, 
wherever used or referred to in this chapter, 
shall have the following respective meanings 
for the purposes of this chapter, unless a dif- 
ferent meaning clearly appears from the con- 
text: 

(1) "Authority" or "housing authority" 
shall mean any of the public corporations creat- 
ed by §421.04. 

(2) "City" shall mean any city or town of 
the state having a population of more than two 
thousand five hundred (according to the last 
preceding federal or state census). "The city" 
shall mean the particular city for which a par- 
ticular housing authority is created. 

(3) "Governing body" shall mean the city 
council, the commission, or other legislative 
body charged with governing the city (as the 
case may be). 

(4) "Mayor" shall mean the mayor of the 
city or the officer thereof charged with the du- 
ties customarily imposed on the mayor or ex- 
ecutive head of the city. 

(5) "Clerk" shall mean the clerk of the city 
or the officer of the city charged with the du- 
ties customarily imposed on the clerk thereof 

(6) "Area of operation": (a) in the case of 
a housing authority of a city having a popula- 
tion of less than twenty-five thousand, shall 
include such city and the area within five miles 
of the territorial boundaries thereof; and (b) 
in the case of a housing authority of a city hav- 
ing a population of twenty-five thousand or 
more shall include such city and the area with- 
in ten miles from the territorial boundaries 
thereof; provided however, that the area of op- 
eration of a housing authority of any city shall 
not include any area which lies within the ter- 
ritorial boundaries of some other city as here- 
in defined. 

(7) "Federal government" shall include the 
United States, the Federal Emergency Admin- 
istration of Public Works or any other agency 
or instrumentality, corporate or otherwise, of 
the United States. 

(8) "Slum" shall mean any area where 
dwellings predominate which, by reason of di- 
lapidation, overcrowding, faulty arrangement 
or design, lack of ventilation, light or sanitary 
facilities, or any combination of these factors, 
are detrimental to safety, health and morals. 

(9) "Housing project" shall mean any work 
or undertaking: (a) to demolish, clear or re- 
move buildings from any slum area; such work 
or undertaking may embrace the adaption of 
such area to public purposes, including parks 
or other recreational or community purposes; 
or (b) to provide decent, safe and sanitary 
urban or rural dwellings, apartments or other 
living accommodations for persons of low in- 
come; such work or undertaking may include 
buildings, land, equipment, facilities and other 
real or personal property for necessary, con- 
venient or desirable appurtenances, streets, 



sewers, water service, parks, site preparation, 
gardening, administrative, community, health, 
recreational, educational, welfare or other pur- 
poses; or (c) to accomplish a combination of 
the foregoing. The term "housing project" 
also may be applied to the planning of the 
buildings and improvements, the acquisition of 
property, the demolition of existing structures, 
the construction, reconstruction, alteration and 
repair of the improvements and all other work 
in connection therewith. 

(10) "Persons of low income" shall mean 
persons or families who lack the amount of in- 
come which is necessary (as determined by 
the authority undertaking the housing project) 
to enable them, without financial assistance, 
to live in decent, safe and sanitary dwellings, 
without overcrowding. 

(11) "Debentures" shall mean any notes, in- 
terim certificates, debentures, revenue certifi- 
cates, or other obligations issued by an author- 
ity pursuant to this chapter. 

(12) "Real property" shall include all lands, 
including improvements and fixtures thereon, 
and property of any nature appurtenant there- 
to, or used in connection therewith, and every 
estate, interest and right, legal or equitable, 
therein, including terms for years and liens by 
way of judgment, mortgage or otherwise and 
the indebtedness secured by such liens. 

(13) "Obligee of the authority" or "obligee" 
shall include any holder of debentures, trustee 
or trustees for any such holders, or lessor de- 
mising to the authority property used in con- 
nection with a housing project, or any assignee 
or assignees of such lessor's interest or any 
part thereof, and the federal government when 
it is a party to any contract with the authority. 

History.— 53, ch. 17981, 1937; CGL. 1940 Supp. 7100(8-c); 
II. ch. 20219, 1941; sub. § (2) am. §1, ch. 28061, 1953; (10) by 
§24, ch. 57-1. 

421.04 Creation of housing authorities. — (1) 

In each city (as herein defined) there is hereby 
created a public body corporate and politic to 
be known as the "Housing Authority" of the 
city; provided, however, that such authority 
shall not transact any business or exercise its 
powers hereunder until or unless the govern- 
ing body of the city by proper resolution shall 
declare that there is need for an authority to 
function in such city. The determination as 
to whether there is such need for an author- 
ity to function (a) may be made by the govern- 
ing body on its own motion or (b) shall be 
made by the governing body upon the filing of 
a petition signed by twenty-five residents of 
the city asserting that there is need for an 
authority to function in such city and request- 
ing that the governing body so declare. 

(2) The governing body may adopt a reso- 
lution declaring that there is need for a hous- 
ing authority in the city if it shall find (a) that 
insanitary or unsafe inhabited dwelling accom- 
modations exist in such city or (b) that there is 
a shortage of safe or sanitary dwelling accom- 
modations in such city available to persons of 
low income at rentals they can afford. In de- 
termining whether dwelling accommodations 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



are unsafe or insanitary said governing body 
may take into consideration the degree of over- 
crowding, the percentage of land coverage, the 
light, air, space and access available to the in- 
habitants of such dwelling accommodations, 
the size and arrangement of the rooms, the san- 
itary facilities, and the extent to which con- 
ditions exist in such buildings which endanger 
life or property by fire or other causes. 

(3) In any suit, action or proceeding involv- 
ing the validity or enforcement of or relating to 
any contract of the authority, the authority 
shall be conclusively deemed to have become 
established and authorized to transact busi- 
ness and exercise its powers hereunder upon 
proof of the adoption of a resolution by the 
governing body declaring the need for the 
authority. Such resolution or resolutions shall 
be sufficient if it declares that there is such 
need for an authority and finds in substantially 
the foregoing terms (no further detail being 
necessary) that either or both of the above 
enumerated conditions exist in the city. A 
copy of such resolution duly certified by the 
clerk shall be admissible in evidence in any 
suit, action or proceeding. 

History.— §4, oh. 17981, 1937; CGL 1940 Supp. 7100(3-d). 
cf. — §1.01 for general definitions. 

§421.52, Agreements and contracts. 

421.05 Appointment, qualifications and ten- 
ure of commissioners. — When the governing 
body of a city adopts a resolution as aforesaid, 
the mayor with the approval of the governing 
body shall promptly appoint five persons as 
commissioners of the authority created for said 
city. Three of the commissioners who are first 
appointed shall be designated to serve for terms 
of one, two and three years respectively; and 
the remaining two of such commissioners shall 
be designated to serve for terms of four years 
each, from the date of their appointment. 
Thereafter commissioners shall be appointed 
as aforesaid for a term of office of four years 
except that all vacancies shall be filled for the 
unexpired term. No commissioner of an auth- 
ority may be an officer or employee of the city 
for which the authority is created. A commis- 
sioner shall hold office until his successor has 
been appointed and has qualified. A certifi- 
cate of the appointment or reappointment of 
any commissioner shall be filed with the clerk 
and such certificate shall be conclusive evi- 
dence of the due and proper appointment of 
such commissioner. A commissioner shall re- 
ceive no compensation for his services, but he 
shall be entitled to the necessary expenses, in- 
cluding traveling expenses, incurred in the dis- 
charge of his duties. 

The powers of each authority shall be vested 
in the commissioners thereof in office from time 
to time. Three commissioners shall constitute 
a quorum of the authority for the purpose of 
conducting its business and exercising its pow- 
ers and for all other purposes. Action may be 
taken by the authority upon a vote of a ma- 
jority of the commissioners present, unless in 
any case the by-laws of the authority shall re- 
quire a larger number. The mayor with the 



concurrence of the governing body shall desig- 
nate which of the commissioners appointed 
shall be the first chairman, but when the office 
of the chairman of the authority thereafter 
becomes vacant, the authority shall select a 
chairman from among its commissioners. An 
authority shall select from among its commis- 
sioners a vice-chairman, and it may employ a 
secretary (who shall be executive director), 
technical experts and such other officers, agents 
and employees, permanent and temporary, as 
it may require, and shall determine their quali- 
fications, duties and compensation. For such 
legal services as it may require, an authority 
may call upon the chief law officer of the city 
or may employ its own counsel and legal staff. 
An authority may delegate to one or more of 
its agents or employees such powers or duties 
as it may deem proper. 

History.— §5, ch. 17981, 1937; CGL 1940 Supp. 7100(3-e). 
81, ch. 59-413. 

421.06 Interested commissioners or em- 
ployees. — No commissioner or employee of an 
authority shall acquire any interest, direct or 
indirect, in any housing project or in any prop- 
erty included or planned to be included in any 
project, nor shall he have any interest, direct 
or indirect, in any contract or proposed con- 
tract for materials or services to be furnished 
or used in connection with any housing pro- 
ject. If any commissioner or employee of an 
authority owns or controls an interest, direct 
or indirect, in any property included or plan- 
ned to be included in any housing project, he 
shall immediately disclose the same in writing 
to the authority and such disclosure shall be 
entered upon the minutes of the authority. 
Failure so to disclose such interest shall con- 
stitute misconduct in office. 

History.— §6, ch. 17981, 1937; CGL 1940 Supp. 7100 (3-f). 

421.07 Removal of commissioners. — For in- 
efficiency or neglect of duty or misconduct in 
office, a commissioner of an authority may be 
removed by the mayor with the concurrence 
of the governing body, but a commissioner 
shall be removed only after he shall have been 
given a copy of the charges at least ten days 
prior to the hearing thereon and had an op- 
portunity to be heard in person or by counsel. 
In the event of the removal of any commis- 
sioner, a record of the proceedings, together 
with the charges and findings thereon, shall 
be filed in the office of the clerk. 

History.— §7, ch. 17981, 1937; CGL 1940 Supp. 7100(3-*). 

§2, ch. 59-413. 

421.08 Powers of authority. — An authority 
shall constitute a public body corporate and 

politic, exercising the public and essential gov- 
ernmental functions set forth in this chapter, 
and having all the powers necessary or con- 
venient to carry out and effectuate the pur- 
pose and provisions of this chapter, including 
the following powers in addition to others here- 
in granted: 

(1) To sue and be sued; to have a seal and 
to alter the same at pleasure; to have perpet- 
ual succession; to make and execute contracts 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



and other instruments necessary or convenient 
to the exercise of the powers of the author- 
ity; and to make and from time to time amend 
and repeal by-laws, rules and regulations, not 
inconsistent with this chapter, to carry into ef- 
fect the powers and purposes of the author- 
ity. 

(2) Within its area of operation, to pre- 
pare, carry out, acquire, lease and operate hous- 
ing projects; to provide for the construction, 
reconstruction, improvement, alteration or re- 
pair of any housing project or any part thereof. 

(3) To arrange or contract for the furnish- 
ing by any person or agency, public or private, 
of services, privileges, works, or facilities for, 
or in connection with, a housing project or the 
occupants thereof; provided, however, that not- 
withstanding any other power or provision in 
this chapter, the authority shall not construct, 
lease, control, purchase or otherwise establish 
in connection with or as a part of any housing 
project or any other real or any other property 
under its control, any system, work, facilities, 
plants or other equipment for the purpose of 
furnishing utility service of any kind to such 
projects or to any tenant or occupant thereof 
in the event that a system, work, facility, plant 
or other equipment for the furnishing of the 
same utility service is being actually operated 
by a municipality or private concern in the 
area of operation or the city or the territory 
immediately adjacent thereto; provided, fur- 
ther, that nothing herein shall be construed to 
prohibit the construction or acquisition by the 
authority of any system, work, facilities or 
other equipment for the sole and only purpose 
of receiving utility services from any such mu- 
nicipality or such private concern and then 
distributing such utility services to the pro- 
ject and to the tenants and occupants thereof; 
and (notwithstanding anything to the contrary 
contained in this chapter or in any other pro- 
vision of law) to include in any contract let in 
connection with a project, stipulations requir- 
ing that the contractor and any subcontractors 
comply with requirements as to minimum wages 
and maximum hours of labor, and comply with 
any conditions which the federal government 
may have attached to its financial aid of the 
project. 

(4) To lease or rent any dwellings, houses, 
accommodations, lands, buildings, structures or 
facilities embraced in any housing project and 
(subject to the limitations contained in this 
chapter) to establish and revise the rents or 
charges therefor ; to own, hold and improve real 
or personal property; to purchase, lease, ob- 
tain options upon, acquire by gift, grant, be- 
quest, devise, or otherwise any real or personal 
property or any interest therein; to acquire 
by the exercise of the power of eminent do- 
main any real property ; to sell, lease, exchange, 
transfer, assign, pledge or dispose of any real 
or personal property or any interest therein; 
to insure or provide for the insurance of any 
real or personal property or operations of the 
authority against any risks or hazards ; to pro- 
cure or agree to the procurement of insurance 



or guarantees from the federal government of 
the payment of any debts or parts thereof 
(whether or not incurred by said authority), 
including the power to pay premiums on any 
such insurance. 

(5) To invest any funds held in reserves 
or sinking funds, or any funds not required 
for immediate disbursement, in property or 
securities in which savings banks may legally 
invest funds subject to their control; to pur- 
chase its debentures at a price not more than 
the principal amount thereof and accrued in- 
terest, all debentures so purchased to be can- 
celed. 

(6) Within its area of operation: to inves- 
tigate into living, dwelling and housing condi- 
tions and into the means and methods of im- 
proving such conditions; to determine where 
slum areas exist or where there is a shortage 
of decent, safe and sanitary dwelling accommo- 
dations for persons of low income; to make 
studies and recommendations relating to the 
problem of clearing, replanning and recon- 
struction of slum areas, and the problem of 
providing dwelling accommodations for per- 
sons of low income, and to cooperate with the 
city, the county, the state or any political sub- 
division thereof in action taken in connection 
with such problems ; and to engage in research, 
studies and experimentation on the subject of 
housing. 

(7) Acting through one or more commis- 
sioners or other person or persons designated 
by the authority; to conduct examinations and 
investigations and to hear testimony and take 
proof under oath at public or private hearings 
on any matter material for its information; to 
administer oaths, issue subpoenas requiring 
the attendance of witnesses or the production 
of books and papers and to issue commissions 
for the examination of witnesses who are out- 
side of the state or unable to attend before the 
authority, or excused from attendance ; to make 
available to appropriate agencies (including 
those charged with the duty of abating or re- 
quiring the correction of nuisances or like con- 
ditions, or of demolishing unsafe or insanitary 
structure within its area of operation) its find- 
ings and recommendations with regard to any 
building or property where conditions exist 
which are dangerous to the public health, mor- 
als, safety or welfare. 

(8) To exercise all or any part or combina- 
tion of powers herein granted. No provisions 
of law with respect to acquisition, operation 
or disposition of property by other public bod- 
ies shall be applicable to an authority unless 
the legislature shall specifically so state. 

History.— §8, ch. 17981, 1937; CGL, 1940 Supp. 7100 (3-h). 
cf.— §§421.24, 421.47, 421.52, Validation, etc., of acts. 

See: Adams v. Housing authority of city of Daytona Beach, 
60 So. 2d 663. 

421.09 Operation not for profit. — It is the 

policy of this state that each housing author- 
ity shall manage and operate its housing pro- 
jects in an efficient manner so as to enable it 
to fix the rentals for dwelling accommodations 
at the lowest possible rates consistent with its 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



providing decent, safe and sanitary dwelling 
accommodations, and that no housing author- 
ity shall construct or operate any such project 
for profit, or as a source of revenue to the city. 
To this end an authority shall fix the rentals 
for dwellings in its project at no higher rate 
than it shall find to be necessary in order to 
produce revenues which (together with all 
other available moneys, revenue, income and 
receipts of the authority from whatever sources 
derived) will be sufficient (1) to pay, as the 
same shall become due, the principal and in- 
terest on the debentures of the authority; (2) 
to meet the cost of, and to provide for, main- 
taining and operating the projects (including 
the cost of any insurance) and the administra- 
tive expenses of the authority; and (3) to cre- 
ate (during not less than the six years imme- 
diately succeeding its issuance of any deben- 
tures) a reserve sufficient to meet the largest 
principal and interest payments which will be 
due on such debentures in any one year there- 
after, and to maintain such reserve. 

History.— §9, oh. 17981, 1937; CGLi 1940 Supp. 7100(8-1). 

421.091 Financial accounting and invest- 
ments. — A complete and full financial account- 
ing and audit shall be made annually by a certi- 
fied public accountant, and a copy of said re- 
port shall be filed with the governing body 
not less than ninety days after the close of 
each fiscal year. Provided, however, that it 
shall not be necessary to make a financial ac- 
counting and audit of federal funds furnished 
housing authorities by the federal government 
and which are audited annually by said federal 
government if a copy of such federal audit is 
furnished to the governing body. 

History.— §3, ch. 59-413. 

421.10 Rentals and tenant selection. — In the 

operation or management of housing projects 
an authority shall at all times observe the fol- 
lowing duties with respect to rentals and ten- 
ant selection: (1) it may rent or lease the 
dwelling accommodations therein only to per- 
sons of low income and at rentals within the 
financial reach of such persons of low income; 
(2) it may rent or lease to a tenant dwelling 
accommodations consisting of the number of 
rooms (but no greater number) which it deems 
necessary to provide safe and sanitary accom- 
modations to the proposed occupants thereof, 
without overcrowding; and (3) it shall not ac- 
cept any person as a tenant in any housing pro- 
ject if the person or persons who would occupy 
the dwelling accommodations have an annual 
net income in excess of five times an annual 
rental of the quarters to be furnished such 
person or persons, except that in case of fami- 
lies with three or more minor dependents, such 
ratio shall not exceed six to one; in computing 
the rental for this purpose of selecting tenants, 
there shall be included in the rental the aver- 
age annual cost (as determined by the author- 
ity) to occupants of heat, water, electricity, 
gas, cooking range and other necessary ser- 
vices or facilities, whether or not the charge 



for such services and facilities is in fact in- 
cluded in the rental. 

Nothing contained in this section or §421.09 
shall be construed as limiting the power of an 
authority to vest in an obligee the right, in the 
event of a default by the authority, to take 
possession of a housing project or cause the 
appointment of a receiver thereof, free from 
all the restrictions imposed by this or the pre- 
ceding section. 

History.— §10, ch. 17981, 1987; 51, ch. 19510, 1939; COL 
1940 Supp. 7100 (3- j); am. §7, ch. 228S8, 1945. 

421.101 False representations to obtain low- 
er rent in housing accommodations; penalty. — 

Whoever makes a false statement or represen- 
tation, knowing it to be false, or knowingly 
fails to disclose a material fact in order to 
obtain a lower rent for housing accommoda- 
tions in a low rent housing development op- 
erated pursuant to chapter 421, than the rental 
such person is required to pay pursuant to 
federal or state statutes, schedule of rents or 
rules and regulations as determined and fixed 
by housing authorities created pursuant to 
chapter 421, aforesaid, shall be punished by a 
fine of not less than $50.00 nor more than 
$500.00, or by imprisonment for not more than 
six months in the county jail, or both such 
fine and imprisonment; and each such false 
statement or representation or failure to dis- 
close a material fact as aforesaid shall con- 
stitute a separate offense. 

History.— §1, ch. 61-468. 

421.11 Cooperation of authorities. — Any two 

or more housing authorities may join or cooper- 
ate with one another in the exercise, either 
jointly or otherwise, of any or all of their powers 
for the purpose of financing (including the is- 
suance of bonds, debentures, notes or other ob- 
ligations and giving security therefor), planning, 
undertaking, owning, constructing, operating or 
contracting with respect to a housing project 
or projects located within the area of operation 
of any one or more of said authorities. For such 
purpose, an authority may by resolution pre- 
scribe and authorize any other housing authority 
or authorities, so joining or cooperating with 
it, to act on its behalf with respect to any or all 
such powers. Any authorities joining or cooper- 
ating with one another may by resolutions ap- 
point from among the commissioners of such au- 
thorities an executive committee with full power 
to act on behalf of such authorities with respect 
to any or all of their powers, as prescribed by 
resolutions of such authorities. 

History.— 511, ch. 17981, 1937; COL, 1940 Supp. 7100(3-k); 
am. §1, ch. 21699, 1943. 

421.12 Eminent domain. — An authority shall 
have the right to acquire by the exercise of 
the power of eminent domain any real prop- 
erty which it may deem necessary for its pur- 
poses under this chapter after the adoption by 
it of a resolution declaring that the acquisi- 
tion of the real property described therein is 
necessary for such purposes. An authority may 
exercise the power of eminent domain in the 
manner provided in chapters 73 and 74. Prop- 



Ch. 421 



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Ch. 421 



erty already devoted to a public use may be 
acquired in like manner, provided that no real 
property belonging to the city, the county, 
the state or any political subdivision thereof 
may be acquired without its consent. 

History.— §12, ch. 17981, 1937; CGI. 1940 Supp. 7100(3-1). 
cf. — $74.13 Rights of authority after taking. 

421.13 Planning, zoning and building laws. 

— All housing projects of an authority shall 
be subject to the planning, zoning, sanitary and 
building laws, ordinances and regulations ap- 
plicable to the locality in which the housing 
project is situated. In the planning and lo- 
cation of any housing project, an authority 
shall take into consideration the relationship 
of the project to any larger plan or long-range 
program for the development of the area in 
which the housing authority functions. 

History.— S13, oh. 17981, 1937; CGL. 1940 Supp. 7100(3-x). 

421.14 Debentures. — An authority may is- 
sue debentures from time to time in its discre- 
tion, for any of its corporate purposes. An 
authority may also issue refunding debentures 
for the purpose of paying or retiring deben- 
tures previously issued by it. An authority 
may issue such types of debentures as it may 
determine, including debentures on which the 
principal and interest are payable; (1) exclu- 
sively from the income and revenues of the 
housing project financed with the proceeds of 
such debentures, or with such proceeds to- 
gether with a grant from the federal govern- 
ment in aid of such project; (2) exclusively 
from the income and revenues of certain desig- 
nated housing projects whether or not they 
were financed in whole or in part with the pro- 
ceeds of such debentures; or (3) from its reve- 
nues generally. Any of such debentures may 
be additionally secured by a pledge of any rev- 
enues of any housing project, projects or other 
property of the authority. 

Neither the commissioners of an authority 
nor any person executing the debentures shall 
be liable personally on the debentures by rea- 
son of the issuance thereof. The debentures 
and other obligations of an authority (and such 
debentures and obligations shall so state on 
their face) shall not be a debt of the city, the 
county, the state or any political subdivision 
thereof, and neither the city or the county, 
nor the state or any political subdivision there- 
of shall be liable thereon, nor in any event 
shall such debentures or obligations be pay- 
able out of any funds or properties other than 
those of said authority. The debentures shall 
not constitute an indebtedness within the mean- 
ing of any constitutional or statutory debt or 
bond limitation or restriction. 

History.— §14, ch. 17981, 1937; CGL 1940 Supp. 7100(3-y). 

421.15 Form and sale of debentures. — De- 
bentures of an authority shall be authorized by 
its resolution and may be issued in one or more 
series and shall bear such dates, mature at 
such times, bear interest at such rates, not ex- 
ceeding six per cent per annum, be in such de- 
nominations, be in such form, either coupon or 
registered, carry such conversion or registra- 



tion privileges, have such rank or priority, be 
executed in such manner, be payable in such 
medium of payment, at such places and be sub- 
ject to such terms of redemption (with or 
without premium) as such resolution or its 
trust indenture may provide. 

The debentures may be sold at not less than 
par at public sale held after notice published 
once at least five days prior to such sale in a 
newspaper having a general circulation in the 
city and in a financial newspaper published in 
the city of Chicago, Illinois, or in the city of 
New York, New York, provided, however, that 
such debentures may be sold at not less than 
par to the federal government at private sale 
without any public advertisement. 

In case any of the commissioners or officers 
of the authority whose signatures appear on 
any debentures or coupons shall cease to be 
such commissioners or officers before the de- 
livery of such debentures, such signatures 
shall, nevertheless, be valid and sufficient for 
all purposes, the same as if such commission- 
ers or officers had remained in office until such 
delivery. Any provision of any law to the con- 
trary notwithstanding, any debentures issued 
pursuant to this chapter shall be fully nego- 
tiable. 

In any suit, action or proceedings involving 
the validity or enforceability of any debenture 
of an authority or the security therefor, any 
such debenture reciting in substance that it 
has been issued by the authority to aid in fin- 
ancing a housing project to provide dwelling 
accommodations for persons of low income 
shall be conclusively deemed to have been is- 
sued for a housing project of such character 
and said project shall be conclusively deemed 
to have been planned, located and constructed 
in accordance with the purposes and provisions 
of this chapter. 

History.— §15, ch. 17981, 1937; CGI. 1940 Supp. 7100 (8-a). 

421.16 Provisions of debentures and trust 
indentures. — In connection with the issuance 
of debentures or the incurring of obligations 
under leases and in order to secure the pay- 
ment of such indentures or obligations, an 
authority, in addition to its other powers, shall 
have power: 

(1) To pledge all or any part of its gross 
or net rents, gross or net fees or gross or net 
revenues to which its right then exists or may 
thereafter come into existence. 

(2) To covenant against pledging all or 
any part of its rents, fees and revenues, or 
against mortgaging all or any part of its real 
or personal property, to which its right or title 
then exists or may thereafter come into exist- 
ence or against permitting or suffering any 
lien on such revenues or property; to covenant 
with respect to limitations on its rights to sell, 
lease or to otherwise dispose of any housing 
project or any part thereof; and to covenant 
as to what other, or additional debts or obliga- 
tions may be incurred by it. 

(3) To covenant as to the debentures to be 
issued and as to the issuance of such deben- 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



tures in escrow or otherwise, and as to the use 
and disposition of the proceeds thereof; to 
provide for the replacement of lost, destroyed 
or mutilated debentures; to covenant against 
extending the time for the payment of its de- 
bentures or interest thereon; and to redeem 
the debentures, and to covenant for their re- 
demption and to provide the terms and condi- 
tions thereof. 

(4) To covenant (subject to the limitations 
contained in this chapter) as to the rents and 
fees to be charged in the operation of a hous- 
ing project or projects, the amount to be raised 
each year or other period of time by rents, 
fees and other revenues, and as to the use and 
disposition to be made thereof; to create or to 
authorize the creation of special funds for 
moneys held for construction or operating costs, 
debt service, reserves, or other purposes, and 
to covenant as to the use and disposition of the 
moneys held in such funds. 

(5) To prescribe the procedure, if any, by 
which the terms of any contract with the hold- 
ers of debentures may be amended or abro- 
gated, the amount of debentures the holders of 
which must consent thereto, and the manner 
in which such consent may be given. 

(6) To covenant as to the use of any or all 
of its real or personal property; and to coven- 
ant as to the maintenance of its real and per- 
sonal property, the replacement thereof, the 
insurance to be carried thereon and the use and 
disposition of insurance moneys. 

(7) To covenant as to the rights, liabilities, 
powers and duties arising upon the breach by 
it of any covenant, condition, or obligation, and 
to covenant and prescribe as to events of de- 
fault and terms and conditions upon which 
any or all of its debentures or obligations shall 
become or may be declared due before matur- 
ity, and as to the terms and conditions upon 
which such declaration and its consequences 
may be waived. 

(8) To vest in a trustee or trustees or the 
holders of debentures or any proportion of 
them the right to enforce the payment of the 
debentures or any covenants securing or relat- 
ing to the debentures; to vest in a trustee or 
trustees the right, in the event of a default by 
said authority, to take possession and use, op- 
erate and manage any housing project or part 
thereof, and to collect the rents and revenues 
arising therefrom and to dispose of such mon- 
eys in accordance with the agreement of the 
authority with said trustee; to provide for the 
powers and duties of a trustee or trustees and 
to limit the liabilities thereof; and to provide 
bhe terms and conditions upon which the trus- 
tee or trustees or the holders of debentures or 
any proportion of them may enforce any 
covenant or rights securing or relating to the 
debentures. 

(9) To exercise all or any part or combina- 
tion of the powers herein granted. 

History.— §16, ch. 17981, 1937; CGL 1940 Supp. 7100(3-aa). 

421.17 Validation of debentures and pro- 
ceedings. — A housing authority shall have the 



right, if it deems it expedient, to determine 
its authority to issue any debentures, and the 
legality of all proceedings had or taken in 
connection therewith, in the same manner 
and to the same extent ( except as otherwise 
provided in this section) as provided in chap- 
ter 75 for the determination by a county, mu- 
nicipality, taxing district, or other political 
district or subdivision of its authority to incur 
bonded debt or to issue certificates of in- 
debtedness and of the legality of all proceed- 
ings had or taken in connection therewith. 

The petition to validate such debentures, 
and the proceedings had or taken in connec- 
tion therewith, shall be filed by the housing 
authority in the circuit court for the county 
in which is located the city for which said 
housing authority was created, except that 
whenever it appears that a housing authority 
is empowered to function in more than one 
county the circuit court of any county in the 
whole or any part of which the housing au- 
thority is empowered to function shall have 
jurisdiction of the cause in the same manner 
as provided in said chapter whenever a mu- 
nicipality, taxing district or other political 
district or subdivision shall extend into more 
than one county. 

The notice required by §75.06 shall be ad- 
dressed to the taxpayers and citizens of the 
city for which such housing authority has 
been created and of the county (or counties, 
in the event such housing authority is em- 
powered to function in more than one county) 
in the whole or any part of which the housing 
authority is empowered to function; and by 
the publication of such notice as required by 
said chapter 75 all taxpayers and citizens of 
such city and such county or counties, as the 
case may be, shall be considered as parties 
defendant to such proceedings, and the cir- 
cuit court in which the proceeding is brought 
shall have jurisdiction of all of the same as 
if they were named defendants in the peti- 
tion filed pursuant to said chapter and per- 
sonally served with process. 

In the event no appeal is taken within the 
time prescribed by said chapter, or if taken, 
and the decree validating said debentures is 
affirmed by the supreme court, the decree of 
the circuit court validating and confirming 
the issuance of the debentures of the housing 
authority shall be forever conclusive as to the 
validity of said debentures against the hous- 
ing authority and against all taxpayers and 
citizens of the city for which said housing 
authority was created and of the county or 
counties in the whole or part of which the 
housing authority is empowered to function; 
and the validity of said debentures shall never 
be called in question in any court in this 
state. Debentures of a housing authority, when 
issued under the provisions of said chapter, 
shall have stamped or written thereon by the 
proper officers of the housing authority issu- 
ing the same, the words: "Validated and con- 
firmed by decree of the circuit court" (speci- 
fying the date when such decree was rendered 



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HOUSING AUTHORITIES LAW 



Ch. 421 



and the court in which it was rendered), which 
shall be signed by the clerk of the circuit court 
in which the decree was rendered, which entry 
shall be original evidence of said decree in 
any court in this state. 

History.— 517, ch. 17981, 1937; CGIj 1940 Supp. 7100 (8-bb). 
cf. — §§421.26, 421.48, 421.52, Notes, bonds, debentures; vali- 
dation, etc. 

421.18 Remedies of an obligee of authority. 

—An obligee of an authority shall have the 
right in addition to all other rights which may 
be conferred on such obligee, subject only 
to any contractual restrictions binding upon 
such obligee: 

(1) By mandamus, suit, action or proceed- 
ing at law or in equity to compel said au- 
thority and the commissioners, officers, agents 
or employees thereof to perform each and 
every term, provision and covenant contained 
in any contract of said authority with or 
for the benefit of such obligee, and to require 
the carrying out of any or all such covenants 
and agreements of said authority and the ful- 
fillment of all duties imposed upon said author- 
ity by this chapter. 

(2) By suit, action or proceeding in equity, 
to enjoin any acts or things which may be 
unlawful, or the violation of any of the rights 
of such obligee of said authority. 

History.— 518, ch. 17981, 1937; CGI. 1940 Supp. 7100(8-cc). 

421.19 Additional remedies conferrable by 
authority. — An authority shall have power by 
its resolution, trust indenture, lease or other 
contract to confer upon any obligee holding 
or representing a specified amount in deben- 
tures, or holding a lease, the right (in addi- 
tion to all rights that may otherwise be con- 
ferred), upon the happening of an event of 
default as defined in such resolution or in- 
strument, by suit, action or proceeding in 
any court of competent jurisdiction: 

(1) To cause possession of any housing 
project or any part thereof to be surrendered 
to any such obligee. 

(2) To obtain the appointment of a re- 
ceiver of any housing project of said authority 
or any part thereof and of the rents and 
profits therefrom. If such receiver be ap- 
pointed, he may enter and take possession of 
such housing project or any part thereof and 
operate and maintain same, and collect and 
receive all fees, rents, revenues, or other 
charges thereafter arising therefrom, and shall 
keep such moneys in a separate account or 
accounts and apply the same in accordance 
with the obligation of said authority as the 
court shall direct. 

(3) To require said authority and the com- 
missioners thereof to account as if it and they 
were the trustees of an express trust. 

History.— 519, ch. 17981. 1937; CGL. 1940 Supp. 7100(3-dd). 

421.20 Exemption of property from execu- 
tion sale. — All real property of an authority 
shall be exempt from levy and sale by virtue 
of an execution, and no execution or other 
judicial process shall issue against the same 
nor shall any judgment against an authority 



be a charge or lien upon its real property; 
provided, however, that the provisions of this 
section shall not apply to or limit the right 
of obligee to pursue any remedies for the en- 
forcement of any pledge given by an authority 
on its rents, fees or revenues. 

History.— §20, ch. 17981, 1937; CGL. 1940 Supp. 7100 (3-ee). 

421.21 Aid from federal government; tax 
exemptions. — 

(1) In addition to the powers conferred 
upon an authority by other provisions of this 
chapter, an authority is empowered to borrow 
money or accept grants or other financial as- 
sistance from the federal government for or in 
aid of any housing project within its area of op- 
eration, to take over or lease or manage any 
housing project or undertaking constructed or 
owned by the federal government, and to these 
ends, to comply with such conditions and 
enter into such trust indentures, leases or 
agreements as may be necessary, convenient 
or desirable. It is the purpose and intent of 
this chapter to authorize every authority to 
do any and all things necessary or desirable 
to secure the financial aid or cooperation of 
the federal government in the undertaking, 
construction, maintenance or operation of any 
housing project by such authority. 

(2) In addition to the powers conferred 
upon an authority by subsection (1) and other 
provisions of this chapter, an authority is em- 
powered to borrow money or accept grants or 
other financial assistance from the federal 
government under section 202 of the housing 
act of 1959 (P. L. 86-372, 86th congress) or any 
law or program of the housing and home fi- 
nance agency, which provides for direct federal 
loans in the maximum amount, as defined there- 
in, for the purpose of assisting certain non- 
profit corporations to provide housing and re- 
lated facilities for elderly families and elderly 
persons. 

(a) Housing authorities created under thia 
section are authorized to execute mortgages, 
notes, bills or other forms of indebtedness to- 
gether with any agreements, contracts or other 
instruments required by the housing and home 
finance agency of the United States govern- 
ment in connection with loans made for the 
purposes set forth in subsection (2). 

(b) This provision relating to housing fa- 
cilities for the elderly is cumulative and in 
addition to the powers given to housing au- 
thorities under this chapter. All powers grant- 
ed generally by law to housing authorities in 
Florida relating to issuance of trust inden- 
tures, debentures and other methods of raising 
capital shall apply also to housing authori- 
ties in connection with their participation in 
programs of the housing and home finance 
agency. 

(3) It is the legislative intent that the tax 
exemption of housing authorities provided by 
chapter 423, shall specifically apply to any 
housing authority created under this section. 

History.— §21, ch. 17981, 1937; CGL 1940 Supp. 7100(3-ff); 
§§1, 2, ch. 61-197. 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



421.22 Reports. — At least once a year, an 
authority shall file with the clerk a report of 
its activities for the preceding year, and shall 
make recommendations with reference to such 
additional legislation or other action as it 
deems necessary in order to carry out the 
purposes of this chapter. 

History.— §22, ch. 17981, 19S7; CGL 1940 Supp. 7100 (3-gg). 

421.23 Liabilities of authority. — In no event 
shall the liabilities, whether ex contractu or 
ex delicto, of an authority arising from the op- 
eration of its housing projects, be payable 
from any funds other than the rents, fees or 
revenues of such projects and any grants or 
subsidies paid to such authority by the federal 
government. 

History.— 523, ch. 17981, 1937; CGL 1940 Supp. 7100(3-hh); 
am. §7, ch. 22858, 1945. 

421.24 Organization and establishment. — 

The establishment and organization of housing 
authorities in the state under the provisions 
of the housing authorities law of this state, 
together with all proceedings, acts and things 
heretofore undertaken, performed or done with 
reference thereto, are hereby validated, rati- 
fied, confirmed, approved and declared legal 
in all respects, notwithstanding any defect or 
irregularity therein or any want of statutory 
authority. 

History.— §1, ch. 19511, 1939; CGL 1940 Supp. 7100 (3-kk). 

421.25 Contracts and undertakings. — All 

contracts, agreements, obligations, and under- 
takings of such housing authorities heretofore 
entered into relating to financing or aiding in 
the development, construction, maintenance or 
operation of any housing project or projects or 
to obtaining aid therefor from the United 
States Housing Authority, including (without 
limiting the generality of the foregoing) loan 
and annual contributions, contracts and leases 
with the United States Housing Authority, 
agreements with municipalities or other public 
bodies (including those which are pledged or 
authorized to be pledged for the protection of 
the holders of any notes or bonds issued by 
such housing authorities or which are other- 
wise made a part of the contract with such 
holders of notes or bonds) relating to coopera- 
tion and contributions in aid of housing pro- 
jects, payments (if any) in lieu of taxes, fur- 
nishing of municipal services and facilities, 
and the elimination of unsafe and insanitary 
dwellings, and contracts for the construction 
of housing projects, together with all proceed- 
ings, acts and things heretofore undertaken, 
performed or done with reference thereto, are 
hereby validated, ratified, confirmed, approved 
and declared legal in all respects, notwithstand- 
ing any defect or irregularity therein or any 
want of statutory authority. 

History.— 52, ch. 19511, 1939; CGL 1940 Supp. 7100(3-11). 

421.26 Notes and bonds. — All proceedings, 
acts and things heretofore undertaken, per- 
formed or done in or for the authorization, 
issuance, execution and delivery of notes and 
bonds by housing authorities for the purpose 



of financing or aiding in the development or 
construction of a housing project or projects, 
and all notes and bonds heretofore issued by 
housing authorities are hereby validated, rati- 
fied, confirmed, approved and declared legal 
in all respects, notwithstanding any defect or 
irregularity therein or any want of statutory 
authority. 

History.— §3, ch. 19511, 1939; CGL 1940 Supp. 7100 (8-mm). 

421.261 Continuance of municipal housing 
authorities when municipality abolished; coun- 
ties in excess of 400,000. — Whenever a munici- 
pality in any county having a population in 
excess of four hundred thousand according to 
the most recent official census has been or 
hereafter shall be abolished, wherein at the 
time of such abolishment a housing authority 
of such municipality was or is in existence, such 
housing authority shall continue to function in 
all respects; provided, however, that the name 
of such housing authority shall thenceforth be 
such as may be determined by the county com- 
missioners of the county wherein it functions. 
Each such housing authority and the commis- 
sioners thereof, within the area of operation of 
such housing authority as hereinafter defined, 
shall have the same functions, rights, powers, 
duties, immunities and privileges provided for 
housing authorities created for cities. Each 
such housing authority shall continue to oper- 
ate and prosecute all projects operated or initi- 
ated by it prior to the abolishment of the 
municipality, and shall be entitled to all bene- 
fits and privileges thereafter conferred upon 
housing authorities for cities. The commis- 
sioners of each such housing authority shall 
continue in office after the abolishment of the 
particular municipality for the remainder of 
their respective terms. Their successors shall 
be appointed by resolution of the commissioners 
of the county. As used in the housing authori- 
ties law, the terms "mayor" and "governing . 
body" shall be construed as meaning "county 
commissioners", the term "city" as used therein 
shall be construed as meaning "county", and 
the term "clerk" as used therein shall be con- 
strued as meaning "clerk of the circuit court 
of the county", unless different meanings clear- 
ly appear from the contents. The area of oper- 
ation of any such housing authority shall con- 
tinue to be the same as that before the abolish- 
ment of the municipality, unless extended by 
resolution of the county commissioners, pro- 
vided that no such extension shall include any 
territory lying within a city as defined in the 
housing authorities law. 

History. — Comp. {1, ch. 38305, 1953. 

421.27 Housing authorities in counties. — In 

each county of the state there is hereby created 
a public body corporate and politic to be known 
as the "housing authority" of the county; pro- 
vided, however, that such housing authority shall 
not transact any business or exercise its powerp 
hereunder until or unless the governing body of 
such county, by proper resolution shall declare 
at any time hereafter that there is need for a 
housing authority to function in and for such 



Ch. 421 



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Ch. 421 



county, which declaration shall be made by auch 
governing body for such county in the same 
manner and subject to the same conditions as 
the declaration of the governing body of a city 
required by section 421.04 for the purpose of 
authorizing a housing authority created for a 
city to transact business and exercise its powers 
(except that the petition referred to in said 
section 421.04 shall be signed by twenty-five 
residents of such county). 

Upon notification of the adoption of such res- 
olution the commissioners of a housing author- 
ity created for a county (who shall be qualified 
electors of such county) shall be appointed by 
the governor in the same manner as the com- 
missioners of a housing authority created for 
a city may be appointed by the mayor; and ex- 
cept as otherwise provided herein, each housing 
authority created for a county and the commis- 
sioners thereof, within the area of operation of 
such housing authority as hereinafter denned, 
shall have the same functions, rights, powers, 
duties, immunities and privileges provided for 
housing authorities created for cities and the 
commissioners of such housing authorities, in 
the same manner as though all the provisions of 
law applicable to housing authorities created for 
cities were applicable to housing authorities cre- 
ated for counties; provided, that for such pur- 
poses the term "mayor" as used in the Housing 
Authorities Law shall be construed as meaning 
"governor," the term "governing body" as used 
therein shall be construed as meaning "county 
commissioners," the term "city" as used therein 
shall be construed as meaning "county," and the 
term "clerk" as used therein shall be construed 
as meaning "county clerk" (as herein defined), 
unless a different meaning clearly appears from 
the context; and provided further that the gov- 
ernor may appoint any persons as commissioners 
of a housing authority created for a county who 
are qualified electors in such county; and pro- 
vided further that such commissioners may be 
removed or suspended in the same manner and 
for the same reasons as other officers appointed 
by the governor. 

The area of operation of a housing authority 
created for a county shall include all of the 
county for which it is created except that portion 
of the county which lies within the territorial 
boundaries of any city as defined in the hous- 
ing authorities law, as amended. 

History.— §1, (27) ch. 20220, 1941. 

421.28 Creation of regional housing au- 
thority. — (1) If the governing body of each of 
two or more contiguous counties by resolution 
declares that there is a need for one housing au- 
thority to be created for all of such counties to 
exercise powers and other functions herein pre- 
scribed in such counties, a public body corporate 
and politic to be known as a regional housing 
authority shall thereupon exist for all of such 
counties and exercise its powers and other func- 
tions in such counties; and thereupon each hous- 
ing authority created by section 421.27 for each 
of such counties shall cease to exist except for 
the purpose of winding up its affairs and ex- 



ecuting a deed to the regional housing authority 
as hereafter provided; provided that the gov- 
erning body of a county shall not adopt a reso- 
lution as aforesaid if there is a housing author- 
ity created for such county which has any obli- 
gations outstanding unless first (a) all obligees 
of such county housing authority and parties 
to the contracts, bonds, notes and other obli- 
gations of such county housing authority agree 
with such county housing authority to the sub- 
stitution of such regional housing authority in 
lieu of such county housing authority on all 
such contracts, bonds, notes or other obligations, 
and (b) the commissioners of such county hous- 
ing authority adopt a resolution consenting to 
the transfer of all the rights, contracts, obliga- 
tions and property, real and personal, of such 
county housing authority to such regional hous- 
ing authority as hereinafter provided; and pro- 
vided further that when the above two conditions 
are complied with and such regional housing au- 
thority is created and authorized to exercise its 
powers and other functions, all rights, contracts, 
agreements, obligations and property of such 
county housing authority shall be in the name 
of and vest in such regional housing authority, 
and all obligations of such county housing au- 
thority shall be the obligations of such regional 
housing authority and all rights and remedies 
of any person against such county housing au- 
thority may be asserted, enforced and prosecuted 
against such regional housing authority to the 
same extent as they may have been asserted, 
enforced and prosecuted against such county 
housing authority. 

(2) When any real property of a county 
housing authority vests in a regional housing 
authority as provided above, the county housing 
authority shall execute a deed of such property 
to the regional housing authority which there- 
upon shall file such deed with the recorder of 
deeds of the county where such real property 
is, provided that nothing contained in this sen- 
tence shall affect the vesting of property in the 
regional housing authority as provided above. 

(3) The governing body of each of two or 
more contiguous counties shall by resolution 
declare that there is a need for one regional 
housing authority to be created for all of such 
counties to exercise powers and other functions 
herein prescribed in such counties, if such gov- 
erning body finds (and only if it finds) (a) that 
insanitary or unsafe inhabited dwelling accom- 
modations exist in such county or there is a 
shortage of safe and sanitary dwelling accom- 
modations in such county available to persons 
of low income at rentals they can afford and (b) 
that a regional housing authority would be a 
more efficient or economical administrative unit 
than the housing authority of such county to 
carry out the purposes of this Housing Author- 
ities Law in such county. 

(4) In any suit, action or proceeding involv- 
ing the validity or enforcement of or relating to 
any contract of the regional housing authority, 
the regional housing authority shall be conclu- 
sively deemed to have become created as a public 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



body corporate and politic and to have become 
established and authorized to transact business 
and exercise its powers hereunder upon proof of 
the adoption of a resolution by the governing 
body of each of the counties creating the re- 
gional housing authority declaring the need for 
the regional housing authority. Each such reso- 
lution shall be deemed sufficient if it declares 
that there is need for a regional housing author- 
ity and finds in substantially the foregoing terms 
(no further detail being necessary) that the con- 
ditions enumerated above in (a) and (b) of sub- 
section (3) exist. A copy of such resolution of 
the governing body of a county, duly certified 
by the county clerk of such county, shall be 
admissible in evidence in any suit, action or pro- 
ceeding. 

History.— 51, (28) ch. 20220, 1941. 

421.29 Area of operation of regional housing 
authority. — (1) The area of operation of a re- 
gional housing authority shall include all of the 
counties for which such regional housing au- 
thority is created and established except such 
portions of the counties which lie within the 
territorial boundaries of cities, as defined in 
the housing authorities law, as amended. 

(2) The area of operation of a regional 
housing authority shall be increased from time 
to time to include one or more additional coun- 
ties not already within a regional housing au- 
thority (except such portion or portions of such 
additional county or counties which lie within 
the territorial boundaries of any city, as de- 
fined) if the governing body of each of the coun- 
ties then included in the area of operation of 
such regional housing authority, the commis- 
sioners of the regional housing authority and 
the governing body of each such additional 
county or counties each adopt a resolution de- 
claring that there is a need for the inclusion 
of such additional county or counties in the 
area of operation of such regional housing 
authority. Upon the adoption of such resolu- 
tions, the county housing authority created 
by §421.27 for each such additional county 
shall cease to exist except for the purpose of 
winding up its affairs and executing a deed to 
the regional housing authority as hereinafter 
provided; provided, however, that such resolu- 
tions shall not be adopted if there is a county 
housing authority created for any such addi- 
tional county which has any obligations out- 
standing unless first (a) all obligees of any such 
county housing authority and parties to the con- 
tracts, bonds, notes and other obligations of any 
such county housing authority agree with such 
county housing authority and the regional hous- 
ing authority to the substitution of such regional 
housing authority in lieu of such county housing 
authority on all such contracts, bonds, notes or 
other obligations, and second (b) the commis- 
sioners of such county housing authority and the 
commissioners of such regional housing author- 
ity adopt resolutions consenting to the transfer 
of all the rights, contracts, obligations and prop- 
erty, real and personal, of such county housing 
authority to such regional housing authority as 



hereinafter provided, and provided further, that 
when the above two conditions are complied with 
and the area of operation of such regional hous- 
ing authority is increased to include such addi- 
tional county, as hereinabove provided, all rights, 
contracts, agreements, obligations and property 
of such county housing authority shall be in the 
name of and vest in such regional housing au- 
thority, all obligations of such county housing 
authority shall be the obligations of such re- 
gional housing authority and all rights and rem- 
edies of any person against such county housing 
authority may be asserted, enforced and prose- 
cuted against such regional housing authority 
to the same extent as they may have been as- 
serted, enforced and prosecuted against such 
county housing authority. 

(3) When any real property of a county 
housing authority vests in a regional housing 
authority as provided above, the county housing 
authority shall execute a deed of such property 
to the regional housing authority which there- 
upon shall file such deed with the recorder of 
deeds of the county where such real property is, 
provided that nothing contained in this sentence 
shall affect the vesting of property in the re- 
gional housing authority as provided above. 

(4) The governing body of each of the coun- 
ties in the regional housing authority, the com- 
missioners of the regional housing authority 
and the governing body of each such additional 
county or counties shall by resolution declare 
that there is a need for the addition of such 
county or counties to the regional housing au- 
thority, if (a) the governing body of each of 
such additional county or counties finds that 
insanitary or unsafe inhabited dwelling accom- 
modations exist in such county or there is a 
shortage of safe or sanitary dwelling accommo- 
dations in such county available to persons of 
low income as rentals they can afford and (b) 
the governing body of each of the counties then 
included in the area of operation of the regional 
housing authority, the commissioners of the 
regional housing authority and the governing 
body of each such additional county or counties 
find that the regional housing authority would 
be a more efficient or economical administrative 
unit to carry out the purposes of this housing 
authorities law if the area of operation of the 
regional housing authority shall be increased 
to include such additional county or counties. 

(5) In determining whether dwelling accom- 
modations are unsafe or insanitary under this 
or the preceding section, the governing body of 
a county shall take into consideration the safety 
and sanitation of the dwellings, the light and air 
space available to the inhabitants of such dwell- 
ings, the degree of overcrowding, the size and 
arrangement of the rooms and the extent to 
which conditions exist in such buildings which 
endanger life or property by fire or other 
causes. 

(6) In connection with the issuance of bonds 
or the incurring of other obligations a regional 
housing authority may covenant as to limita- 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



tions on its right to adopt resolutions relating 
to the increase of its area of operation. 

(7) No governing body of a county shall 
adopt any resolution authorized by this or the 
preceding section unless a public hearing has 
first been held. The clerk of such county shall 
give notice of the time, place and purpose of the 
public hearing at least ten days prior to the 
day on which the hearing is to be held, in a 
newspaper published in such county, or if there 
is no newspaper published in such county, then 
in a newspaper published in the state and having 
a general circulation in such county. Upon the 
date fixed for such public hearing an opportunity 
to be heard shall be granted to all residents of 
such county and to all other interested persons. 

History.— 51, (29) oh. 20220, 1941. 

421.30 Commissioners of regional authori- 
ties. — 

(1) When a regional housing authority has 
been created as provided above, the governor 
shall thereupon appoint one qualified elector 
from each county included in such regional 
housing authority as a commissioner of the re- 
gional housing authority. When the area of op- 
eration of a regional housing authority is in- 
creased to include an additional county or coun- 
ties as herein provided, the governor shall there- 
upon appoint one qualified elector from each such 
additional county as a commissioner of the re- 
gional housing authority. If any county is ex- 
cluded from the area of operation of a regional 
housing authority, the office of the commissioner 
of such regional housing authority appointed as 
provided above for such county, shall be thereupon 
abolished. 

(2) If the area of operation of a regional 
housing authority consists at any time of an even 
number of counties, the governor shall appoint 
one additional commissioner (who shall be a 
qualified elector from one of the counties in 
such area of operation) whose term of office 
shall be as herein provided for a commissioner 
of a regional housing authority, except that such 
term shall end at any earlier time that the area 
of operation of the regional housing authority 
shall be changed to consist of an odd number 
of counties. 

(3) A certificate of the appointment of any 
commissioner of a regional housing authority 
shall be filed with the county clerk of the county 
from which the commissioner is appointed, and 
such certificate shall be conclusive evidence of 
the due and proper appointment of such commis- 
sioner. The commissioners of a regional housing 
authority shall be appointed for terms of four 
years, except that all vacancies shall be filled 
for the unexpired terms. Each commissioner 
shall hold office until his successor has been ap- 
pointed and has qualified, except as otherwise 
provided herein. The governor shall thereafter 
appoint the successor of each commissioner of 
a regional housing authority. 

(4) The commissioners appointed as afore- 
said shall constitute the regional housing author- 
ity, and the powers of such authority shall be 



vested in such commissioners in office from time 
to time. 

(5) The commissioners of a regional housing 
authority shall elect a chairman from among the 
commissioners and shall have power to select 
or employ such other officers and employees as 
the regional housing authority may require. A 
majority of the commissioners of a regional 
housing authority shall constitute a quorum of 
such authority for the purpose of conducting its 
business and exercising its powers and for all 
other purposes. 

History.— 51, (30) cb. 20220, 1941; am. 52, ch. 21699, 1943. 

421.31 Powers of regional housing au- 
thority; definitions. — Except as otherwise pro- 
vided herein, a regional housing authority and 
the commissioners thereof shall, within the area 
of operation of such regional housing authority, 
have the same functions, rights, powers, duties, 
privileges and immunities provided for housing 
authorities created for cities or counties and 
the commissioners of such housing authorities 
in the same manner as though all the provisions 
of law applicable to housing authorities created 
for cities or counties were applicable to regional 
housing authorities; provided that for such pur- 
poses the term "mayor" as used in the housing 
authorities law shall be construed as meaning 
"governor," the term "governing body" as used 
therein shall be construed as meaning "county 
commissioners," the term "city" as used therein 
shall be construed as meaning "county" and the 
term "clerk" as used therein shall be construed 
as meaning "county clerk" (as herein denned), 
unless a different meaning clearly appears from 
the context; and provided further that the gov- 
ernor may appoint any person as commissioner 
of a regional housing authority who is a quali- 
fied elector in the county from which he is ap- 
pointed; and provided further that any com- 
missioner of a regional housing authority may 
be removed or suspended in the same manner 
and for the same reason as other officers ap- 
pointed by the governor. A regional housing 
authority shall have power to select any ap- 
propriate corporate name. 

History.— 51, (31) ch. 20220, 1941. 

421.32 Rural housing projects. — County 
housing authorities and regional housing au- 
thorities are specifically empowered and author- 
ized to borrow money, accept grants and exer- 
cise their other powers to provide housing for 
farmers of low income. In connection with such 
projects, any such housing authority may enter 
into such leases or purchase agreements, accept 
such conveyances and rent or sell dwellings form- 
ing part of such projects to or for farmers of 
low income, as such housing authority deems 
necessary in order to assure the achievement 
of the objectives of this law. Such leases, agree- 
ments or conveyances may include such covenants 
as the housing authority deems appropriate re- 
garding such dwellings and the tracts of land 
described in any such instrument, which cove- 
nants shall be deemed to run with the land where 
the housing authority deems it necessary and 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



the parties to such instrument so stipulate. In 
providing housing for farmers of low income, 
county housing authorities and regional housing 
authorities shall not be subject to the limitations 
provided in subsection (3) of §421.10 and 
subsection (3) of §421.08. Nothing contained 
in this section shall be construed as limiting 
any other powers of any housing authority. 

History.— 51, (32) ch. 20220, 1941. 

421.33 Housing applications by farmers. — 

The owner of any farm operated, or worked 
upon, by farmers of low income in need of safe 
and sanitary housing may file an application 
with a housing authority created for a county 
or a regional housing authority requesting that 
it provide for a safe and sanitary dwelling or 
dwellings for occupancy by such farmers of low 
income. Such applications shall be received and 
examined by housing authorities in connection 
with the formulation of projects or programs 
to provide housing for farmers of low income. 
Provided, however, that if it becomes necessary 
for an applicant under this paragraph to convey 
any portion of his then homestead in order to 
take advantages as provided herein, then in that 
event, the parting with title to a portion of said 
homestead shall not affect the remaining portion 
of same, but all rights that said owner may 
have in and to same under and by virtue of the 
Constitution of the state or any law passed 
pursuant thereto, shall be deemed and held 
to apply to such remaining portion of said 
land, the title of which remains in said appli- 
cant; it being the intention of the legislature 
to permit the owner of any farm operated or 
worked upon by farmers of low income in need 
of safe and sanitary housing to take advantage 
of the provisions of this law without jeopardiz- 
ing their rights in their then homestead by rea- 
son of any requirement that may be necessary 
in order for them to receive the benefits herein 
provided; and no court shall ever construe that 
an applicant who has taken advantage of this 
law has in any manner, shape or form abandoned 
his rights in any property that is his then home- 
stead by virtue of such action upon his part, 
but it shall be held, construed and deemed that 
such action upon the part of any applicant here- 
under was not any abandonment of his then 
homestead, and that all rights that he then had 
therein shall be and remain as provided by the 
Constitution and any law enacted pursuant there- 
to. 

History.— 51, (S3), ch. 30220, 1941; am. §7, ch. 22858, 1945. 

421.34 Additional definitions. — 

(1) "Farmers of low income," as used in this 
law, shall mean persons or families who at the 
time of their admission to occupancy in a dwell- 
ing of a housing authority: (a) live under un- 
safe or insanitary housing conditions; (b) de- 
rive their principal income from operating or 
working upon a farm; and (c) had an aggregate 
average annual net income for the three years 
preceding their admission that was less than the 
amount determined by the housing authority to 
be necessary, within its area of operation, to 
enable them, without financial assistance, to ob- 



tain decent, safe and sanitary housing without 
overcrowding. 

(2) "Governing body," as used in this law 
with regard to a county, shall mean the county 
commissioners or other legislative body of the 
county. 

(3) "Clerk," as used in this law with regard 
to a county or county authority, shall mean the 
clerk and accountant of the board of county 
commissioners or the officer having duties cus- 
tomarily imposed on such clerk. 

History.— §1, (34) ch. 20220, 1941. 

421.35 Supplemental nature of sections. — 

The powers conferred by §§421.27-421.34 shall 
be in addition and supplemental to the 
powers conferred by any other law. 

History.— 52, ch. 20220, 1941. 

421.36 Short title.— §§421.27-421.35 may be 
cited and referred to as the "Rural Hous- 
ing Authorities Law of Florida." 

History.— 51, ch. 20220, 1941. 

421.37 Defense housing; finding and decla- 
ration of necessity. — It is hereby found and de- 
clared that the national defense program involves 
large increases in the military forces and per- 
sonnel of this state, a great increase in the num- 
ber of workers in already established manufac- 
turing centers and the bringing of a large num- 
ber of workers and their families to new centers 
of defense industries in the state; that there is 
an acute shortage of safe and sanitary dwellings 
available to such persons and their families in 
this state which impedes the national defense 
program; that it is imperative that action be 
taken immediately to assure the availability of 
safe and sanitary dwellings for such persons to 
enable the rapid expansion of national defense 
activities in this state and to avoid a large labor 
turnover in defense industries which would seri- 
ously hamper their production; that the provi- 
sions hereinafter enacted are necessary to as- 
sure the availability of safe and sanitary dwell- 
ings for persons engaged in national defense ac- 
tivities which otherwise would not be provided 
at this time; and that such provisions are for 
the public use and purpose of facilitating the na- 
tional defense program in this state. It is fur- 
ther declared to be the purpose of this law to 
authorize housing authorities to do any and all 
things necessary or desirable to secure the finan- 
cial aid of the federal government, or to cooper- 
ate with or act as agent of the federal govern- 
ment, in the expeditious development and the 
administration of projects to assure the avail- 
ability when needed of safe and sanitary dwell- 
ings for persons engaged in national defense ac- 
tivities. 

History.— 51, ch. 20221, 1941. 

421.38 Defense housing by authorities. — 

(1) Any housing authority may undertake 
the development and administration of projects 
to assure the availability of safe and sanitary 
dwellings for persons engaged in national de- 
fense activities whom the housing authority de- 
termines would not otherwise be able to secure 
safe and sanitary dwellings within the vicinity 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



thereof, but no housing authority shall initiate 
the development of any such project pursuant 
to this law after the termination of the existing 
war by the signing of a definitive treaty of 
peace, or by the proclamation of the President of 
the United States that hostilities have ceased 
or that the emergency in justification of extra- 
ordinary wartime powers no longer exists, which- 
ever shall first occur. 

(2) In the ownership, development or admin- 
istration of such projects, a housing authority 
shall have all the rights, powers, privileges and 
immunities that such authority has under any 
provision of law relating to the ownership, de- 
velopment or administration of slum clearance 
and housing projects for persons of low income, 
in the same manner as though all the provisions 
of law applicable to slum clearance and housing 
projects for persons of low income were appli- 
cable to projects developed or administered to 
assure the availability of safe and sanitary dwell- 
ings for persons engaged in national defense ac- 
tivities as provided in this law, and housing 
projects developed or administered hereunder 
shall constitute "housing projects" under the 
housing authorities iaw, as that term is used 
therein ; provided, that during the period (herein 
called the "national defense period") that a 
housing authority finds (which finding shall be 
conclusive in any suit, action or proceeding) 
that within its area of operation (as defined in 
the housing authorities law), or any part there- 
of, there is an acute shortage of safe and sani- 
tary dwellings which impedes the national de- 
fense activities, any project developed or admin- 
istered by such housing authority (or by any 
housing authority cooperating with it) in such 
area pursuant to this law, with the financial aid 
of the federal government (or as agents for the 
federal government as hereinafter provided), 
shall not be subject to the limitations provided 
in §421.10 and the second sentence of §421.09; 
and provided, further, that during the national 
defense period, a housing authority may make 
payments in such amounts as it finds necessary 
or desirable for any services, facilities, works, 
privileges or improvements furnished for or in 
connection with any such projects. After the na- 
tional defense period, any such projects owned 
and administered by a housing authority shall 
be administered for the purposes and in accord- 
ance with the provisions of the housing author- 
ities law. 

History. — §2, ch. 20221, 1941; am. §1, ch. 21697, 1943. 

421.39 Acting for federal government on 
defense housing. — A housing authority may 
exercise any or all of its powers for the purpose 
of cooperating with, or acting as agent for, the 
federal government in the development or ad- 
ministration of projects by the federal govern- 
ment to assure the availability of safe and sani- 
tary dwellings for persons engaged in national 
defense activities and may undertake the de- 
velopment or administration of any such project 
for the federal government. In order to assure 
the availability of safe and sanitary housing 
for persons engaged in national defense activi- 



ties, a housing authority may sell (in whole or 
in part) to the federal government any housing 
project developed for persons of low income but 
not yet occupied by such persons ; such sale shall 
be at such price and upon such terms as the 
housing authority shall prescribe and shall in- 
clude provision for the satisfaction of all debts 
and liabilities of the authority relating to such 
project. 

History.— 83, ch. 20221, 1941. 

421.40 Cooperation by public bodies on de- 
fense housing. — Any state public body, as de- 
fined in the Housing Cooperation Law shall have 
the same rights and powers to cooperate with 
housing authorities, or with the federal govern- 
ment, with respect to the development or admin- 
istration of projects to assure the availability 
of safe and sanitary dwellings for persons en- 
gaged in national defense activities that such 
state public body has pursuant to such law for 
the purpose of assisting the development or ad- 
ministration of slum clearance or housing proj- 
ects for persons of low income. 

History.— 54, ch. 20221, 194L 

421.41 Bonds for defense housing legal in- 
vestments. — Bonds or other obligations issued 
by a housing authority for a project developed 
or administered pursuant to this law shall be 
security for public deposits ana legal invest- 
ments to the same extent and for the same per- 
sons, institutions, associations, corporations, 
bodies and officers as bonds or other obligations 
issued pursuant to the housing authorities law 
for the development of a slum clearance or hous- 
ing project for persons of low income. 

History.— 85, ch. 20221, 1941. 

421.42 Defense housing contracts validated. 

— All bonds, notes, contracts, agreements and 
obligations of housing authorities heretofore is- 
sued or entered into relating to financing or 
undertaking (including cooperating with or act- 
ing as agent of the federal government in) the 
development or administration of any project 
to assure the availability of safe and sanitary 
dwellings for persons engaged in national de- 
fense activities, are hereby validated and de- 
clared legal in all respects, notwithstanding any 
defect or irregularity therein or any want of 
statutory authority. 

History.— §6, ch. 20221, 1941. 

421.43 Removal of restrictions for defense 
housing. — This law shall constitute an inde- 
pendent authorization for a housing authority 
to undertake the development or administration 
of projects to assure the availability of safe and 
sanitary dwellings for persons engaged in na- 
tional defense activities as provided in this law 
and for a housing authority to cooperate with, 
or act as agent for, the federal government in 
the development or administration of similar 
projects by the federal government. In acting 
under this authorization, a housing authority 
shall not be subject to any limitations, restric- 
tions or requirements of other laws (except 
those relating to land acquisition) prescribing 
the procedure or action to be taken in the de- 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



velopment or administration of any public works, 
including slum clearance and housing projects 
for persons of low income or undertakings or 
projects of municipal or public corporations or 
political subdivisions or agencies of the state. 
A housing authority may do any and all things 
necessary or desirable to cooperate with, or act 
as agent for, the federal government, or to se- 
cure financial aid, in the expeditious develop- 
ment or in the administration of projects to 
assure the availability of safe and sanitary 
dwellings for persons engaged in national defense 
activities and to effectuate the purposes of this 
law. 

History.— §7, ch. 20221, 1941. 

421.44 Defense housing; definitions. — 

(1) "Persons engaged in national defense 
activities," as used in this law, shall include: 
Enlisted men in the military and naval services 
of the United States and employees of the war 
and navy departments assigned to duty at mili- 
tary or naval reservations, posts or bases; and 
workers engaged or to be engaged in any indus- 
tries connected with and essential to the national 
defense program; and shall include the families 
of the aforesaid persons who are living with 
them. 

(2) "Persons of low income," as used in this 
law, shall mean persons or families who lack 
the amount of income which is necessary (as 
determined by the housing authority undertak- 
ing the housing project) to enable them, with- 
out financial assistance, to live in decent, safe 
and sanitary dwellings, without overcrowding. 

(3) "Development," as used in this law, shall 
mean any and all undertakings necessary for the 
planning, land acquisition, demolition, financing, 
construction or equipment in connection with a 
project (including the negotiation or award of 
contracts therefor), and shall include the acqui- 
sition of any project (in whole or in part) from 
the federal government. 

(4) "Administration," as used in this law, 
shall mean any and all undertakings necessary 
for management, operation or maintenance, in 
connection with any project, and shall include 
the leasing of any project (in whole or in part) 
from the federal government. 

(5) "Federal government," as used in this 
law, shall mean the United States or any agency 
or instrumentality, corporate or otherwise, of 
the United States. 

(6) The development of a project shall be 
deemed to be "initiated," within the meaning 
of this law, if a housing authority has issued 
any bonds, notes or other obligations with re- 
spect to financing the development of such proj- 
ect of the authority, or has contracted with the 
federal government with respect to the exercise 
of powers hereunder in the development of such 
project of the federal government for which an 
allocation of funds has been made prior to the 
termination of the existing war by the signing of 
a definitive treaty of peace, or by the proclama- 
tion of the President of the United States that 
hostilities have ceased or that the emergency in 



justification of extraordinary wartime powers 
no longer exists, whichever shall first occur. 

(7) "Housing authority," as used in this 
law, shall mean any housing authority estab- 
lished or hereafter established pursuant to the 
housing authorities law. 

History.— S8, ch. 20221, 1941; am. §2. ch. 21697, 1943. 
§7, ch. 22858. 1945; (6) by §24, Ch. 57-1. 

421.45 Provisions supplemental. — The pow- 
ers conferred by sections 421.37-421.44 shall be 
in addition and supplemental to the powers con- 
ferred by any other law, and nothing contained 
therein shall be construed as limiting any other 
powers of a housing authority. 

History.— §9, ch. 20221, 1941. 

421.46 Organization and establishment of 
housing authorities validated. — The establish- 
ment and organization of housing authorities 
under the provisions of the Housing Authorities 
Law of this state together with all proceedings, 
acts and things heretofore undertaken, performed 
or done with reference thereto, are hereby vali- 
dated, ratified, confirmed, approved and declared 
legal in all respects, notwithstanding any defect 
or irregularity therein or any want of statutory 
authority. 

History.— §1, ch. 20222, 1941. 

421.47 Contracts and undertakings of hous- 
ing authorities validated. — All contracts, agree- 
ments, obligations, and undertakings of such 
housing authorities heretofore entered into re- 
lating to financing or aiding in the development, 
construction, maintenance or operation of any 
housing project or projects or to obtaining aid 
therefor from the United States Housing Author- 
ity, including (without limiting the generality of 
the foregoing) loan and annual contributions 
contracts and leases with the United States 
Housing Authority, agreements with municipal- 
ities or other public bodies (including those 
which are pledged or authorized to be pledged 
for the protection of the holders of any notes 
or bonds issued by such housing authorities or 
which are otherwise made a part of the contract 
with such holders of notes or bonds) relating to 
cooperation and contributions in aid of housing 
projects, payments (if any) in lieu of taxes, fur- 
nishing of municipal services and facilities, and 
the elimination of unsafe and insanitary dwell- 
ings, and contracts for the construction of hous- 
ing projects, together with all proceedings, acts 
and things heretofore undertaken, performed or 
done with reference thereto, are hereby validated, 
ratified, confirmed, approved and declared legal 
in all respects, notwithstanding any defect or 
irregularity therein or any want of statutory 
authority. 

History.— §2, ch. 20222. 1941. 

421.48 Notes and bonds of housing authori- 
ties validated. — All proceedings, laws and 
things heretofore undertaken, performed or done 
in or for the authorization, issuance, execution 
and delivery of notes and bonds by housing au- 
thorities for the purpose of financing or aiding 
in the development or construction of a housing 
project or projects, and all notes and bonds here- 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



tofore issued by housing authorities are hereby 
validated, ratified, confirmed, approved and de- 
clared legal in all respects, notwithstanding any 
defect or irregularity therein or any want of 
statutory authority. 

History.— §3, ch. 20222, 1941. 

421.49 Area of operation of housing authori- 
ties for defense housing. — In the development 
or the administration of projects, under sections 
421.37-421.48, to assure the availability of safe 
and sanitary dwellings for persons engaged in 
national defense activities or in otherwise car- 
rying out the purposes of such law, or in the 
administration of such projects in accordance 
with the provisions of the housing authorities 
law, a housing authority of a city may exercise 
its powers within the territorial boundaries of 
said city and an area within ten miles from said 
boundaries, excluding the area within the ter- 
ritorial boundaries of any other city which has 
heretofore established a housing authority. 

History.— §1, ch. 20249, 1941. 

421.50 Decreasing area of operation of re- 
gional authority. — 

(1) The area of operation of a regional 
housing authority shall be decreased from time 
to time to exclude one or more counties from 
such area if the governing body of each of the 
counties in such area and the commissioners of 
the regional housing authority each adopt a res- 
olution declaring that there is a need for ex- 
cluding such county or counties from such area; 
provided, that no action may be taken pursuant 
to this section if the regional housing authority 
has outstanding any bonds, debentures or notes 
unless first, all holders of such bonds, debentures 
or notes consent in writing to such action; and 
provided, further, that if such action decreases 
the area of operation of the regional housing 
authority to only one county, such authority 
shall thereupon constitute and become a housing 
authority for such county, in the same manner as 
though such authority were created by and au- 
thorized to transact business and exercise its 
powers pursuant to §421.04 or §421.27, and the 
commissioners of such authority shall be there- 
upon appointed as provided for the appointment 
of commissioners of a housing authority cre- 
ated for a county. The governing body of 
each of the counties in the area of opera- 
tion of the regional housing authority and 
the commissioners of the regional housing au- 
thority shall adopt a resolution declaring 
that there is a need for excluding a county 
or counties from such area only if each such 
governing body and the commissioners of the re- 
gional housing authority find that (because of 
facts arising or determined subsequent to the 
time when such area first included the county 
or counties to be excluded) the regional housing 
authority would be a more efficient or economi- 
cal administrative unit if such county or coun- 
ties were excluded from such area. 

(2) The governing body of a county shall 
not adopt any resolution authorized by this sec- 
tion unless a public hearing has first been held 



in accordance with the provisions of the hous- 
ing authorities law. 

(3) A certificate of the appointment of any 
commissioner of a regional housing authority 
shall be filed with the county clerk of the coun- 
ty from which the commissioner is appointed, 
and such certificate shall be conclusive evidence 
of the due and proper appointment of such com- 
missioner. The commissioners of a regional hous- 
ing authority shall be appointed for terms of 
four years, except that all vacancies shall be filled 
for the unexpired terms. Each commissioner shall 
hold office until his successor has been appointed 
and has qualified, except as otherwise provided 
herein. The governor shall thereafter appoint 
the successor of each commissioner of a regional 
housing authority. 

(4) The commissioners appointed as afore- 
said shall constitute the regional housing author- 
ity, and the powers of such authority shall be 
vested in such commissioners in office from time 
to time. 

(5) The commissioners of a regional housing 
authority shall elect a chairman from among the 
commissioners and shall have power to select 
or employ such other officers and employees as 
the regional housing authority may require. A 
majority of the commissioners of a regional hous- 
ing authority shall constitute a quorum of such 
authority for the purpose of conducting its bus- 
iness and exercising its powers and for all other 
purposes. 

History.— 53. oh. 21699. 1943. 

421.51 Authority for county excluded from 
regional authority. — At any time after a coun- 
ty or counties is excluded from the area of opera- 
tion of a regional housing authority as provided 
above, the governing body of any such county 
may adopt a resolution declaring that there is 
a need for a housing authority in the county, if 
the governing body shall declare and find such 
need according to the provisions of the housing 
authorities law. Thereupon a public body cor- 
porate and politic, to be known as the housing 
authority of the county, shall exist for such 
county and may transact business and exercise 
its powers in the same manner as though cre- 
ated by the housing authorities law. Nothing 
contained herein shall be construed as preventing 
such county from thereafter being included with- 
in the area of operation of a regional housing 
authority as provided in §421.28 or §421.29. 

History.— 54, ch. 21699, 1943. 

421.52 Authorities; creation, obligations, 
etc., validated. — 

(1) The creation, establishment and organi- 
zation of housing authorities under the provi- 
sions of chapter 17981, laws of 1937, as amended, 
or chapter 20220, laws of 1941 (§§421.01-421.36), 
together with all proceedings, acts and things 
heretofore undertaken or done with reference 
thereto, are hereby validated and declared legal 
in all respects. 

(2) All agreements and undertakings of 
such housing authorities heretofore entered into, 



Ch. 421 



HOUSING AUTHORITIES LAW 



Ch. 421 



relating to financing, or aiding in the develop- 
ment or operation of any housing projects, 
including (without limiting the generality of the 
foregoing) loan and annual contributions con- 
tracts, agency contracts, and leases, agreements 
with municipalities or other public bodies (in- 
cluding those which are pledged or authorized to 
be pledged for the protection of the holders of 
any notes or debentures issued by such housing 
authorities or which are otherwise made a part 
of the contract with such holders of notes or 
debentures) relating to cooperation in aid of 
housing projects, payments to public bodies in 
the state, furnishing of municipal services and 
facilities and the elimination of unsafe and in- 
sanitary dwellings, and contracts for the con- 
struction of housing projects, together with all 
proceedings, acts and things heretofore under- 
taken or done with reference thereto, are hereby 
validated and declared legal in all respects. 
(3) All proceedings, acts and things hereto- 



fore undertaken or done in or for the authoriza- 
tion, issuance, execution and delivery of notes 
and debentures by housing authorities for the 
purpose of financing or aiding in the development 
or construction of a housing project or projects, 
and all notes and debentures heretofore issued 
by housing authorities are hereby validated and 
declared legal in all respects. 

History.— §§1-8, ch. 21698, 1948. 

421.53 Housing authority, Pinellas county; 
limitation. — Any housing authority created 
within Pinellas county by §421.04, shall con- 
struct or contract to construct any housing 
project only upon the approval by a majority 
of the freeholders voting in a referendum 
election to be held in the area for which the 
housing authority is created. Such election 
shall be called by the governing body of such 
area. 

History.— §1, ch. 63-657. 



Ch. 422 



HOUSING COOPERATION LAW 



Ch. 422 



CHAPTER 422 
HOUSING COOPERATION LAW 



422.01 Short title. 

422.02 Finding and declaration of necessity. 

422.03 Definitions. 

422.04 Cooperation in undertaking housing 

projects. 

422.01 Short title.— This chapter may be 
referred to as the "Housing Cooperation Law." 

History.— §1, oh. 17982, 1937; CGL 1940 Supp. 7100(3-00). 

422.02 Finding and declaration of necessity. 

— It has been found and declared in the hous- 
ing authorities law that there exist in the state 
unsafe and insanitary housing conditions and 
a shortage of safe and sanitary dwelling ac- 
commodations for persons of low income; that 
these conditions necessitate excessive and dis- 
proportionate expenditures of public funds for 
crime prevention and punishment, public 
health, welfare and safety, fire and accident 
protection, and other public services and facili- 
ties; and that the public interest requires the 
remedying of these conditions. It is hereby 
found and declared that the assistance herein 
provided for the remedying of the conditions 
set forth in the housing authorities law con- 
stitutes a public use and purpose and an es- 
sential governmental function for which public 
moneys may be spent and other aid given; that 
it is a proper public purpose for any state pub- 
lic body to aid any housing authority operating 
within its boundaries or jurisdiction or any 
housing project located therein, as the state 
public body derives immediate benefits and ad- 
vantages from such an authority or project; 
and that the provisions hereinafter enacted 
are necessary in the public interest. 

History.— §2, oh. 17982, 1937; CGL, 1940 Supp. 7100(8-pp). 

422.03 Definitions. — The following terms, 
whenever used or referred to in this chapter 
shall have the following respective meanings, 
unless a different meaning clearly appears 
from the context: 

(1) "Housing authority" shall mean any 
housing authority created pursuant to the hous- 
ing authorities law of this state. 

(2) "Housing project" shall mean any work 
or undertaking of a housing authority pur- 
suant to the housing authorities law or any 
similar work or undertaking of the federal 
government. 

(3) "State public body" shall mean any city, 
town, county, municipal corporation, commis- 
sion, district, authority, other subdivision or 
public body of the state. 

_ (4) "Governing body" shall mean the coun- 
cil, commission, board of supervisors or trus- 
tees, or other board or body having charge of 
the fiscal affairs of the state public body. 

(5) "Federal government" shall mean the 
United States, the Federal Emergency Admin- 
istration of Public Works, or any other agency 
or instrumentality, corporate or otherwise, of 
the United States. 

History.— §3, ch. 17982, 1937; CGL 1940 Supp. 7100(3-qq). 
cl. — §1.01 for general definitions. 



422.05 Contracts for payments for services. 

422.06 Advances to housing authority. 

422.07 Procedure for exercising powers. 

422.08 Supplemental nature of chapter. 

422.04 Cooperation in undertaking housing 
projects. — For the purpose of aiding and co- 
operating in the planning, undertaking, con- 
struction or operation of housing projects lo- 
cated within the area in which it is authorized 
to act, any state public body may upon such 
terms, with or without consideration, as it may 
determine : 

(1) Dedicate, sell, convey or lease any of 
its property to a housing authority or the fed- 
eral government; 

(2) Cause parks, playgrounds, recreational, 
community, educational, water, sewer or drain- 
age facilities or any other works, which it is 
otherwise empowered to undertake, to be fur- 
nished adjacent to or in connection with hous- 
ing projects; 

(3) Furnish, dedicate, close, pave, install, 
grade, regrade, plan or replan streets, roads, 
roadways, alleys, sidewalks or other places 
which it is otherwise empowered to undertake; 

(4) Plan or replan, zone or rezone any part 
of such state public body; make exceptions 
from building regulations and ordinances; any 
city or town also may change its map; 

(5) Enter into agreements, (which may ex- 
tend over any period, notwithstanding any pro- 
vision or rule of law to the contrary) with a 
housing authority or the federal government 
respecting action to be taken by such state 
public body pursuant to any of the powers 
granted by this chapter; 

(6) Do any and all things, necessary or 
convenient to aid and cooperate in the plan- 
ning, undertaking, construction or operation 
of such housing projects; 

(7) Purchase or legally invest in any of 
the debentures of a housing authority and 
exercise all of the rights of any holder of 
such debentures; 

(8) With respect to any housing project 
which a housing authority has acquired or 
taken over from the federal government and 
which the housing authority by resolution has 
found and declared to have been constructed 
in a manner that will promote the public in- 
terest and afford necessary safety, sanitation 
and other protection, no state public body shall 
require any changes to be made in the hous- 
ing project or the manner of its construction 
or take any other action relating to such con- 
struction ; 

(9) In connection with any public improve- 
ments made by a state public body in exercis- 
ing the powers herein granted, such state pub- 
lic body may incur the entire expense thereof. 

Any law or statute to the contrary notwith- 
standing, any sale, conveyance, lease or agree- 



Ch. 422 



HOUSING COOPERATION LAW 



Ch. 422 



ment provided for in this section may be made 
by a state public body without appraisal, pub- 
lic notice, advertisement or public bidding. 

History.— §4, oh. 17982, 1937; CGL, 1940 Supp. 7100 (3-rr). 

422.05 Contracts for payments for services. 

— In connection with any housing project lo- 
cated wholly or partly within the area in which 
it is authorized to act, any state public body 
may contract with a housing authority or the 
federal government with respect to the sum 
or sums (if any) which the housing authority 
or the federal government may agree to pay, 
during any year or period of years, to the 
state public body for the improvements, services 
and facilities to be furnished by it for the 
benefit of said housing project, but in no event 
shall the amount of such payments exceed the 
estimated cost to the state public body of the 
improvements, services or facilities to be so 
furnished ; provided, however, that the absence 
of a contract for such payments shall in no 
way relieve any state public body from the 
duty to furnish, for the benefit of said housing 
project, customary improvements and such ser- 
vices and facilities as such state public body 
usually furnishes without a service fee. 

History.— §5, ch. 17982, 1937; CGL 1940 Supp. 7100 (3-sa). 

422.06 Advances to housing authority. — 

When any housing authority which is created 
for any city becomes authorized to transact 
business and exercise its powers therein, the 
governing body of the city, shall immediately 
make an estimate of the amount of money 



necessary for the administrative expenses and 
overhead of such housing authority during the 
first year thereafter, and shall appropriate such 
amount to the authority out of any moneys in 
such city treasury not appropriated to some 
other purposes. The moneys so appropriated 
shall be paid to the authority as a donation. 
Any city, town or county located in whole or 
in part within the area of operation of a hous- 
ing authority shall have the power from time 
to time to lend or donate money to the au- 
thority or to agree to take such action. The 
housing authority, when it has money available 
therefor, shall make reimbursements for all 
such loans made to it. 

History.— §6, ch. 17982, 1937; CGL 1940 Supp. 7100(S-tt). 

422.07 Procedure for exercising powers. — 

The exercise by a state public body of the pow- 
ers herein granted may be authorized by reso- 
lution of the governing body of such state 
public body adopted by a majority of the mem- 
bers of its governing body present at a meet- 
ing of said governing body, which resolution 
may be adopted at the meeting at which such 
resolution is introduced. Such a resolution or 
resolutions shall take effect immediately and 
need not be laid over or published or posted. 

History.— §7, ch. 17982, 1937; CGL. 1940 Supp. 7100 (3-uu). 

422.08 Supplemental nature of chapter. — 

The powers conferred by this chapter shall be 
in addition and supplemental to the powers 
conferred by any other law. 

History.— 58, ch. 17982, 1937; CGL 1940 Supp. 7100(3-w). 



Ch. 423 



TAX EXEMPTION OF HOUSING AUTHORITIES 



Ch. 423 



CHAPTER 423 
TAX EXEMPTION OE HOUSING AUTHORITIES 



423.01 Finding and declaration of property of 

tax exemption for housing authori- 
ties. 

423.02 Housing projects exempted from taxes 

and assessments; payments in lieu 
thereof. 

423.01 Finding and declaration of property 
of tax exemption for housing authorities. — It 

has been found and declared in the housing 
authorities law and the housing cooperation 
law (1) that there exist in the state housing 
conditions which constitute a menace to the 
health, safety, morals and welfare of the resi- 
dents of the state; (2) that these conditions 
necessitate excessive and disproportionate ex- 
penditures of public funds for crime prevention 
and punishment, public health, welfare and 
safety, fire and accident prevention, and other 
public services and facilities; (3) that the pub- 
lic interest requires the remedying of these 
conditions by the creation of housing authori- 
ties to undertake projects for slum clearance 
and for providing safe and sanitary dwelling 
accommodations for persons who lack sufficient 
income to enable them to live in decent, safe 
and sanitary dwellings without overcrowding; 
and (4) that such housing projects (including 
all property of a housing authority used for or 
in connection therewith or appurtenant there- 
to) are exclusively for public uses and munici- 
pal purposes and not for profit, and are govern- 
mental functions of state concern. As a matter 
of legislative determination, it is hereby found 
and declared that the property and debentures 



423.03 Housing debentures exempted from 
taxation. 



of a housing authority are of such character 
as may be exempt from taxation. 

History.— 51, ch. 17983, 1937; CGL 1940 Supp. 7100 (3-xx). 

423.02 Housing projects exempted from 
taxes and assessments; payments in lieu there- 
of. — The housing projects (including all prop- 
erty of housing authorities used for or in 
connection therewith or appurtenant thereto) 
of housing authorities shall be exempt from all 
taxes and special assessments of the state or 
any city, town, county, or political subdivision 
of the state, provided, however, that in lieu of 
such taxes or special assessments a housing 
authority may agree to make payments to any 
city, town, county or political subdivision of the 
state for services, improvements or facilities 
furnished by such city, town, county or political 
subdivison for the benefit of a housing project 
owned by the housing authority, but in no event 
shall such payments exceed the estimated cost 
to such city, town, county or political subdi- 
vision of the services, improvements or facili- 
ties to be so furnished. 

History.— §2, oh. 17983, 1937; CGL 1940 Supp. 7100 (S-yy). 

423.03 Housing debentures exempted from 
taxation. — The debentures of a housing au- 
thority, together with interest thereon and in- 
come therefrom, shall be exempt from all taxes. 

History.— 53, ch. 17983, 1937; CGL, 1940 Supp. 7100(8-zz). 



Ch. 424 



LIMITED DIVIDEND HOUSING COMPANIES 



Ch. 424 



CHAPTER 424 
LIMITED DIVIDEND HOUSING COMPANIES 



424.01 Short title. 

424.02 Finding and declaration of necessity. 

424.03 Purpose, intent, and construction of 

chapter. 

424.04 State housing board. 

424.05 Investigations by board. 

424.06 Specific powers of state housing board. 

424.07 Housing projects must have approval 

of board. 

424.08 Board to fix maximum prices; basis of 

determination. 

424.09 Actions by board for violations. 

424.10 Incorporation; purpose; shares; ar- 

ticles. 

424.11 Dividends limited. 

424.12 No free securities to be issued. 



424.01 Short title. — This chapter shall be 
known as "Florida State Housing Law." 

History.— 51, ch. 16028, 1933; CGL, 1936 Supp. 4151(132). 

424.02 Finding and declaration of necessity. 

— It is hereby found and declared by the legis- 
lature to be necessary to provide housing for 
families of low income and in providing for 
such housing, being now otherwise impossible, 
that provision be made by law for the invest- 
ment of private and public funds at low in- 
terest rates, acquisition at fair prices, of ade- 
quate parcels of land, and the construction 
of new housing facilities under public super- 
vision in accord with proper standards of 
sanitation and safety, at a cost which will 
permit the rental or sale at prices which 
families of low income can afford to pay, to 
effectuate which there are created and estab- 
lished the agencies and instrumentalities here- 
inafter prescribed which are declared to be the 
agencies and instrumentalities of the state for 
the purpose of attaining the ends herein re- 
cited, and their necessity in the public interest 
is hereby declared a matter of legislative de- 
termination. 

History.— 12, ch. 16028, 193S; CGL. 1936 Supp. 4161(133). 

424.03 Purpose, intent, and construction of 
chapter. — The purpose and intention of the leg- 
islature in the enactment of this chapter is to 
provide the necessary legislation for the crea- 
tion of adequate facilities to make available 
to persons in Florida the benefits of the laws 
of the United States creating the Reconstruc- 
tion Finance Corporation and vesting it with 
power to make loans and advances for housing 
facilities and it shall be liberally construed as 
vesting in said "state housing board" all neces- 
sary authority to enable the said board to make 
rules and regulations for the control, super- 
vision, regulation and promotion of the activi- 
ties of housing companies in such manner as 
to be in accord with the requirements of the 
Reconstruction Finance Corporation and the 
laws of the United States. 

History.— 53, ch. 16028, 1933; CGL, 1936 Supp. 4151(134). 
cf— 5421.21, Federal aid. 



424.13 Income debenture certificates; ex- 

change for stock. 

424.14 Limitations on powers of housing com- 

panies. 

424.15 Bonds and mortgages of housing com- 

panies. 

424.16 Surplus; accumulation and disposition. 

424.17 Reduction of rentals with excess earn- 

ings. 

424.18 Foreclosure actions; judicial sales. 

424.19 Purchase of property of other limited 

dividend housing corporations. 

424.20 Sales under judgments against hous- 

ing companies. 

424.21 Fees for services of state housing 

board. 

424.22 Duration of corporate existence. 

424.04 State housing board. — The governor 
of the state, comptroller, state treasurer, at- 
torney general, and the commissioner of agri- 
culture shall constitute a state board to be 
known as the "State Housing Board," to have 
and exercise power to control, regulate and 
supervise, in accordance with the terms and 
provisions of this chapter all housing companies 
authorized to be created, and which may come 
into existence under this chapter, and to secure 
the construction of new housing facilities under 
public supervision, in accord with proper 
standards of sanitation and safety, at a cost 
which will permit the rental or sale of such 
housing facilities, at prices which families of 
low income can afford to pay. 

History.— 54, ch. 16028, 1933; CGL 1936 Supp. 4151(135). 

424.05 Investigations by board. — The board 
shall have power to investigate into the affairs 
of limited dividend housing companies, incor- 
porated under this chapter, and into the deal- 
ings, transactions or relationships of such com- 
panies with other persons. Any of the investi- 
gations provided for in this chapter may be 
conducted by the board or by a committee to 
be appointed by the board consisting of one 
or more members of the board. Each member 
of the board or a committee thereof may ad- 
minister oaths, take affidavits and make per- 
sonal inspections of all places to which their 
duties relate. The board or a committee there- 
of may subpoena and require the attendance 
of witnesses and the production of books and 
papers relating to the investigations and in- 
quiries authorized in this chapter, and to examine 
them in relation to any matter it has power to 
investigate, and issue commissions for the 
examination of witnesses who are out of the 
state or are unable to attend before the board or 
excused from attendance. 

History.— 55, ch. 16028, 1933; CGL, 1936 Supp. 4151(136). 

424.06 Specific powers of state housing 
board. — In pursuance of its power and authori- 
ty to supervise and regulate the operations 
of limited dividend housing companies incor- 
porated under this chapter the board may: 



Ch. 424 



LIMITED DIVIDEND HOUSING COMPANIES 



Ch. 424 



(1) Order any such corporation to make, 
at its expense, such repairs and improvements 
as will preserve or promote the health and 
safety of the occupants of buildings and struc- 
tures owned or operated by such corporations; 

(2) Order all such corporations to do such 
acts as may be necessary to comply with the 
provisions of the law, the rules and regulations 
adopted by the board or by the terms of any 
project approved by the board, or to refrain 
from doing any acts in violation thereof; 

(3) Examine all such corporations and keep 
informed as to their general condition, their 
capitalization and the manner in which their 
property is constructed, leased, operated or 
managed; 

(4) Either through its members or agents 
duly authorized by it, enter in or upon and 
inspect the property, equipment, buildings, 
plants, offices, apparatus and devices of any 
such corporation, examine all books, contracts, 
records, documents and papers of any such 
corporation and by subpoena duces tecum com- 
pel the production thereof; 

(5) In its discretion prescribe uniform 
methods and forms of keeping accounts, rec- 
ords and books to be observed by such com- 
panies and to prescribe by order accounts in 
which particular outlays and receipts shall be 
entered, charged or credited; 

(6) Kequire every such corporation to file 
with the board an annual report setting forth 
such information as the board may require 
verified by the oath of the president and gen- 
eral manager or receiver if any thereof or by 
the person required to file the same. Such re- 
port shall be in the form, cover the period and 
be filed at the time prescribed by the board. 
The board may further require specific answers 
to questions upon which the board may desire 
information and may also require such corpora- 
tion to file periodic reports in the form cover- 
ing the period and at the time prescribed by 
the board; 

(7) From time to time make, amend and 
repeal rules and regulations for carrying into 
effect the provisions of this chapter. 

History.— §6, ch. 16028, 1933; CGL 1936 Supp. 4151(137). 

424.07 Housing projects must have approval 
of board. — No housing project proposed by a 
limited dividend housing corporation incor- 
porated under this chapter shall be undertaken 
and no building or other construction shall be 
placed under contract or started without the 
approval of the board. No housing project 
shall be approved by the board unless the cor- 
poration agrees to accept a designee of the 
board of housing as a member of the board 
of directors of said corporation. 

History.— §6, ch. 16028, 1933; CGL 1936 Supp. 4151(138). 

424.08 Board to fix maximum prices; basis 
of determination. — The board shall fix the max- 
imum rental or purchase price to be charged 
for the housing accommodations furnished by 
such corporation. Such maximum rental or 
purchase price shall be determined upon the 



basis of the actual final cost of the project 
so as to secure, together with all other income 
of the corporation, a sufficient income to meet 
all necessary payments to be made by said cor- 
porations, as hereinafter prescribed, and such 
rental or purchase price shall be subject to revi- 
sion by the board from time to time. The pay- 
ments to be made by such corporations shall be: 

(1) All fixed charges, and all operating main- 
tenance charges and expenses which shall in- 
clude taxes, assessments, insurance, amortiza- 
tion charges in amounts approved by the board 
to amortize the mortgage indebtedness in whole 
or in part, depreciation charges if, when and 
to the extent deemed necessary by the board; 
reserves, sinking funds and corporate expenses 
essential to operation and management of the 
project in amounts approved by the board. 

(2) A dividend not exceeding the maximum 
fixed by this chapter upon the stock of the 
corporation allotted to the project by the board. 

(3) Where feasible in the discretion of the 
board, a sinking fund in an amount to be fixed 
by the board for the gradual retirement of 
stock, and income debentures of the corpora- 
tion to the extent permitted by this chapter. 

History.— §7, ch. 16028, 1933; CGI- 1936 Supp. 4151(139). 

424.09 Actions by board for violations. — 

Whenever the board shall be of the opinion 
that any such limited dividend housing com- 
pany is failing or omitting, or about to fail 
or omit to do anything required of it by law 
or by order of the board and is doing or about 
to do anything, or permitting anything or about 
to permit anything to be done, contrary to or 
in violation of law of or of any order of the 
board, or which is improvident or prejudicial to 
the interests of the public, the lienholders or 
the stockholders, it may commence an action 
or proceeding in the court of chancery of the 
county in which the said company is located, 
in the name of the board for the purpose of 
having such violations or threatened violations 
stopped and prevented by mandatory injunc- 
tion. The board shall begin such action or 
proceeding by a petition and complaint to the 
said court of chancery, alleging the violation 
complained of and praying for appropriate re- 
lief by way of mandatory injunction. It shall 
thereupon be the duty of the court to specify 
the time, not exceeding twenty days after serv- 
ice of a copy of the petition and complaint, 
within which the corporation complained of 
must answer the petition and complaint. 

In case of default in answer or after answer 
the court shall immediately inquire into the 
facts and circumstances in such manner as the 
court shall direct without other or formal 
pleadings, and without respect to any technical 
requirements. Such other persons or corpora- 
tions as it shall seem to the court necessary or 
proper to join as parties in order to make its 
order or judgment effective, may be joined as 
parties. The final judgment in any such action 
or proceeding shall either dismiss the action 
or proceeding or direct that a mandatory in- 
junction be issued as prayed for in the petition 



Ch. 424 



LIMITED DIVIDEND HOUSING COMPANIES 



Ch. 424 



and complaint or in such modified or other 
form as the court may determine will afford 
appropriate relief. 

History.— §8, ch. 16028, 1933; CGL 1936 Supp. 4161(140). 

424.10 Incorporation; purpose; shares; 
articles. — Any number of natural persons not 
less than three, a majority of whom are citizens 
of the United States, may become a corporation 
by subscribing, acknowledging and filing in 
the office of the secretary of state, articles of 
incorporation, hereinafter called "articles," 
setting forth the information required by 
§608.03, except as herein modified or changed. 

(1) The purpose for which a limited divi- 
dend housing company is to be formed shall 
be as follows: To acquire, construct, main- 
tain and operate housing projects when au- 
thorized by and subject to the supervision of 
the board of housing. 

(2) The shares of which the capital shall 
consist shall have a par value. 

(3) Articles of incorporation shall contain 
a declaration that the corporation has been 
organized to serve a public purpose and that 
it shall remain at all times subject to the super- 
vision and control of the board or of other 
appropriate state authority; that all real estate 
acquired by it and all structures erected by it, 
shall be deemed to be acquired for the purpose 
of promoting the public health and safety and 
subject to the provisions of the state housing 
law and that the stockholders of this corpora- 
tion shall be deemed, when they subscribe to 
and receive the stock thereof, to have agreed 
that they shall at no time receive or accept 
from the company, in repayment of their in- 
vestment in its stock, any sums in excess of the 
par value of the stock together with cumula- 
tive dividends at the rate of six per cent per 
annum, and that any surplus in excess of such 
amount if said company shall be dissolved, 
shall revert to the state. 

History.— §9, ch. 16028, 1933; CGL 1936 Supp. 4151(141). 

424.11 Dividends limited. — No stockholder 
in any company formed hereunder shall re- 
ceive any dividend, or other distribution based 
on stock ownership, in any one year in excess 
of six per cent per annum except that when 
in any preceding year dividends in the amount 
prescribed in the articles of incorporation shall 
not have been paid on the said stock, the stock- 
holders may be paid such deficiency without 
interest out of any surplus earned in any suc- 
ceeding years. 

History.— 510, ch. 16028, 1933; CGL 1936 Supp. 4151(142). 

424.12 No free securities to be issued. — No 

limited dividend housing company incorporated 
under this chapter shall issue stock, bonds or 
income debentures, except for money, services 
or property actually received for the use and 
lawful purpose of the corporation. No stock, 
bonds or income debentures shall be issued for 
property or services except upon a valuation 
approved by the board of housing and such 
valuation shall be used in computing actual or 
estimated cost. 

History.— §11, ch. 16028, 1933; CGL 1936 Supp. 4151(143). 



424.13 Income debenture certificates; ex- 
change for stock. — The articles of incorpora- 
tion may authorize the issuance of income 
debenture certificates bearing no greater in- 
terest than six per cent per annum. After the 
incorporation of a limited dividend housing 
company, the directors thereof may, with the 
consent of two-thirds of the holders of any 
preferred stock that may be issued and out- 
standing, offer to the stockholders of the com- 
pany the privilege of exchanging their prefer- 
red and common stock in such quantities and 
at such times as may be approved by the board 
of housing for such income debenture certifi- 
cates, whose face value shall not exceed the 
par value of the stock exchanged therefor. 

History^512, ch. 16028, 1933; CGL 1936 Supp. 4161(144). 

424.14 Limitations on powers of housing 
companies. — No limited dividend housing com- 
pany incorporated under this chapter shall: 

(1) Acquire any real property or interest 
therein unless it shall first have obtained from 
the board a certificate that such acquisition is 
necessary or convenient for the public pur- 
pose defined in this chapter. 

(2) Sell, transfer, assign or lease any real 
property without first having obtained the con- 
sent of the board, provided, however, that leases 
conforming to the regulations and rules of the 
board and for actual occupancy by the lessees 
may be made without the consent of the board. 
Any conveyance, incumbrance, lease or sub- 
lease made in violation of the provisions of 
this section and any transfer or assignment 
thereof shall be void. 

(3) Pay interest returns on its mortgage 
indebtedness and its income debenture certifi- 
cates at a higher rate than six per cent per 
annum. 

(4) Issue its stock, debentures and bonds 
covering any project undertaken by it in an 
amount greater in the aggregate than the total 
actual final cost of such project, including the 
lands, improvements, charges for financing and 
supervision approved by the board and interest 
and other carrying charges during construc- 
tion. 

(5) Mortgage any real property without 
first having obtained the consent of the board. 

(6) Issue any securities or evidences of 
indebtedness without first having obtained the 
approval of the board. 

(7) Use any building erected or acquired 
by it for other than housing purposes, except 
that when permitted by law the story of the 
building above the cellar or basement and the 
space below such story may be used for stores, 
commercial, cooperative or community pur- 
poses, and when permitted by law the roof may 
be used for cooperative or community purposes. 

(8) Charge or accept any rental, purchase 
price or other charge in excess of the amounts 
prescribed by the board. 

(9) Enter into contracts for the construc- 
tion of housing projects, or for the payments 
of salaries to officers or employees except sub- 
ject to the inspection and revision of the board 



Ch. 424 



LIMITED DIVIDEND HOUSING COMPANIES 



Ch. 424 



under such regulations as the board from time 
to time may prescribe. 

(10) Voluntarily dissolve without first hav- 
ing obtained the consent of the board. 

(11) Make any guaranty without approval 
of the board. 

History.— §13, ch. 16028, 1933; CGL, 1936 SupD. 4151(145). 
cf. — Ch. 608 Corporation law. 

424.15 Bonds and mortgages of housing 
companies. — Any company formed under this 
chapter may, subject to the approval of the 
board, borrow funds and secure the repayment 
thereof by bonds and mortgages or by an 
issue of bonds under trust indenture. The 
bonds so issued and secured and the mortgage 
or trust indentures relating thereto, may cre- 
ate a first or senior lien and a second or junior 
lien upon the real property embraced in any 
project. Such bonds and mortgages may con- 
tain such other clauses and provisions as shall 
be approved by the board, including the right 
to assignment of rents and entry into the pos- 
session in case of default; but the operation of 
the housing projects in the event of such entry 
by mortgagee or receiver shall be subject to 
the regulations of the board under this chapter. 
Provisions for the amortization of the bonded 
indebtedness of companies formed under this 
chapter shall be subject to the approval of the 
board. 

History.— §14, ch. 16028, 1933; CGL. 1936 Supp. 4151(146). 

424.16 Surplus; accumulation and disposi- 
tion. — The amount of net earnings transferable 
to surplus in any year after making or provid- 
ing for the payments specified in subsections 
(1), (2) and (3) of §424.08 shall be subject 
to the approval of the board. The amount of 
such surplus shall not exceed fifteen per cent 
of the outstanding capital stock and income 
debentures of the corporation, but the surplus 
so limited shall not be deemed to include any 
increase in assets due to the reduction of 
mortgage or amortization or similar payments. 
On dissolution of any limited dividend housing 
company, the stockholders and income deben- 
ture certificate holders shall in no event re- 
ceive more than the par value of their stock 
and debentures plus accumulated, accrued and 
unpaid dividends or interest, less any payments 
or distributions theretofore made other than 
by dividends provided in §424.11, and any re- 
maining surplus or other undistributed earn- 
ings shall be paid into the general fund of the 
state, or shall be disposed of in such other 
manner as the board may direct and the then 
governor may approve. 

History.— §16, ch. 16028, 1933; CGL, 1936 Supp. 4151(147). 

424.17 Reduction of rentals with excess 
earnings. — If in any calendar or fiscal year the 
gross receipts of any company formed here- 
under should exceed the payments or charges 
specified in §424.08, the sums necessary to pay 
dividends, interest accrued or unpaid on any 
stock or income debentures, and the authorized 
transfer to surplus, the balance shall, unless 
the board of directors with the approval of 
the board of housing shall deem such balance 



too small for the purposes, be applied to the 
reduction of rentals. 

History.— §16, ch. 16028, 1933; CGL, 1936 Supp. 4151(148). 

424.18 Foreclosure actions; judicial sales. — 

In any foreclosure action the board shall be 
made a party defendant; and such board shall 
take all steps in such action necessary to pro- 
tect the interest of the public therein, and no 
costs shall be awarded against the board. 
Foreclosure shall not be decreed unless the 
court to which application therefor is made 
shall be satisfied that the interests of the lien- 
holder or holders cannot be adequately secured 
or safeguarded except by the sale of the prop- 
erty. In any such proceeding, the court may 
make an order increasing the rental to be 
charged for the housing accommodations in 
the project involved in such foreclosure, or 
appoint a receiver of the property or grant such 
other and further relief as may be reasonable 
and proper. In the event of a foreclosure sale 
or other judicial sale, the property shall, except 
as provided in the next succeeding paragraph 
of this section, be sold to a limited dividend 
housing corporation organized under this chap- 
ter, provided such corporation shall bid and pay 
a price for the property sufficient to pay court 
costs and all liens on the property with interest. 
Otherwise the property shall be sold free of all 
restrictions imposed by this chapter. 

Notwithstanding the foregoing provision of 
this section, wherever it shall appear that a 
corporation, subject to the supervision either 
of the state insurance department or state 
banking department, or the federal government 
or any agency or department of the federal 
government, shall have loaned on a mortgage 
which is a lien upon any such property, such 
corporation shall have all the remedies avail- 
able to a mortgagee under the laws of the 
state, free from any restrictions contained in 
this section, except that the board shall be 
made a party defendant and that such board 
shall take all steps necessary to protect the 
interest of the public and no costs shall be 
awarded against it. 

History.— §17, ch. 16028, 1933; CGL, 1936 Supp. 4151(149). 

424.19 Purchase of property of other limit- 
ed dividend housing corporations. — Before any 
limited dividend housing corporation incor- 
porated under this chapter shall purchase the 
property of any other limited dividend housing 
corporation, it shall file an application with 
the board in the manner hereinbefore provided 
as for a new project and shall obtain the con- 
sent of the board to the purchase and agree to 
be bound by the provisions of this chapter, and 
the board shall not give its consent unless it is 
shown to the satisfaction of the board that the 
project is one that can be successfully operated 
according to the provisions of this chapter. 

History.— §18, ch. 16028, 1933; CGL, 1936 Supp. 4161(150). 

424.20 Sales under judgments against hous- 
ing companies. — In the event of a judgment 
against a limited dividend housing corporation 
in any action not pertaining to the collection 



Ch. 424 



LIMITED DIVIDEND HOUSING COMPAND3S 



Ch. 424 



of a mortage indebtedness, there shall be no 
sale of any of the real property of such cor- 
poration except upon sixty days' written notice 
to the board. Upon receipt of such notice the 
board shall take such steps as in its judgment 
may be necessary to protect the rights of aL' 
parties. 

History.— §19, ch. 16028. 1933; CGL 1936 Supp. 4151(161). 

424.21 Fees for services of state housing 
board. — The board may charge and collect from 
a limited dividend housing corporation, incor- 
porated under this chapter, reasonable fees in 
accordance with rates to be established by the 
rules of the board for the examination of plans 
and specifications and the supervision of con- 
struction in an amount not to exceed one-half 
of one per cent of the cost of the project; for 
the holding of a public hearing upon applica- 
tion of a housing corporation an amount suf- 
ficient to meet the reasonable cost of advertis- 
ing the notice thereof and of the transcript of 
testimony taken thereat; for any examination 
or investigation made upon application of a 
housing corporation and for any act done by 



the board, or any of its employees, in per- 
formance of their duties under this chapter an 
amount reasonably calculated to meet the ex- 
pense of the board incurred in connection there- 
with. In no event shall any part of the ex- 
penses of the board ever be paid out of the 
state treasury. The board may authorize a 
housing corporation to include such fees as 
part of the cost of a project, or as part of the 
charges specified in §424.08 pursuant to rules 
to be established by the board. 

History.— §20, ch. 1602S. 1933: CGL 1936 Supp. 4151(152). 

424.22 Duration of corporate existence. — 

The corporate existence of any corporation au- 
thorized hereunder shall not extend beyond 
twenty-five years from the date of incorpora- 
tion, and promptly upon such termination the 
corporation shall be liquidated and its assets 
distributed as provided herein, unless the in- 
corporation board, by approval of the state 
board of housing, should grant an extension 
for an additional period of time. 

History.— §22, ch. 16028, 1933; CGL 1936 Supp. 4151(164). 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



CHAPTER 425 
RURAL ELECTRIC COOPERATIVE LAW 



425.01 Short title. 

425.02 Purpose. 

425.03 Definitions. 

425.04 Powers. 

425.05 Name. 

425.06 Incorporators. 

425.07 Articles of incorporation. 

425.08 By-laws. 

425.09 Members. 

425.10 Board of trustees. 

425.11 Voting districts. 

425.12 Officers. 

425.13 Amendment of articles of incorpora- 

tion. 

425.14 Consolidation. 

425.15 Merger. 

425.01 Short title. — This chapter may be 
cited as the "Rural Electric Cooperative Law." 

History.— 51, ch. 19138, 1939; CGIi 1940 Supp. 6494(43). 

425.02 Purpose. — Cooperative, non-profit, 
membership corporations may be organized 
under this chapter for the purpose of supply- 
ing electric energy and promoting and extend- 
ing the use thereof in rural areas. Corpora- 
tions organized under this chapter and cor- 
porations which become subject to this chapter 
in the manner hereinafter provided are here- 
inafter referred to as "cooperatives." 

History.— §2, ch. 19138, 1939; CGL. 1940 Supp. 6494(45). 
of. — Ch. 619, Nonprofit cooperative associations. 

425.03 Definitions. — In this chapter, unless 
the context otherwise requires: 

(1) "Rural area" means any area not in- 
cluded within the boundaries of any incor- 
porated or unincorporated city, town, village, 
or borough having a population in excess of 
twenty-five hundred persons; 

(2) "Person" includes any natural person, 
firm, association, corporation, business trust, 
partnership, federal agency, state or political 
subdivision or agency thereof, or any body 
politic; and 

(3) "Member" means each incorporator of 
a cooperative and each person admitted to and 
retaining membership therein, and shall in- 
clude a husband and wife admitted to joint 
membership. 

History.— 829, ch. 19138, 1939; CGlt 1940 Supp. 6494(44). 
cf. — 81.01 for general definitions. 

425.04 Powers. — A cooperative shall have 
power : 

(1) To sue and be sued, in its corporate 
name; 

(2) To have perpetual existence; 

(3) To adopt a corporate seal and alter the 
same at pleasure; 

(4) To generate, manufacture, purchase, 
acquire, accumulate and transmit electric 
energy, and to distribute, sell, supply, and 
dispose of electric energy in rural areas to 
its members, to governmental agencies and 
political subdivisions, and to other persons 
not in excess of ten per cent of the number 



425.16 Effect of consolidation or merger. 

425.17 Conversion of existing corporations. 

425.18 Initiative by members. 

425.19 Dissolution. 

425.20 Filing of articles. 

425.21 Refunds to members. 

425.22 Disposition of property. 

425.23 Nonliability of members for debts of 

cooperative. 

425.24 Recordation of mortgages. 

425.25 Waiver of notice. 

425.26 Trustees, officers or members, notaries. 

425.27 Foreign corporations. 

425.28 Fees. 

425.29 Exemption from uniform sale of secur- 

ities law. 

of its members; provided, however, that no 
cooperative shall distribute or sell any elec- 
tricity, or electric energy to any person re- 
siding within any town, city or area which 
person is receiving adequate central station 
service or who at the time of commencing 
such service, or offer to serve, by a cooperative, 
is receiving adequate central station service 
from any utility agency, privately or munici- 
pally owned individual partnership or cor- 
poration ; 

(5) To make loans to persons to whom elec- 
tric energy is or will be supplied by the co- 
operative for the purpose of, and otherwise 
to assist such person in, wiring their premises 
and installing therein electric and plumbing 
fixtures, appliances, apparatus and equipment 
of any and all kinds and character, and in con- 
nection therewith, to purchase, acquire, lease, 
sell, distribute, install and repair such electric 
and plumbing fixtures, appliances, apparatus 
and equipment, and to accept or otherwise ac- 
quire, and to sell, assign, transfer, endorse, 
pledge, hypothecate and otherwise dispose of 
notes, bonds and other evidences of indebted- 
ness and any and all types of security therefor ; 

(6) To make loans to persons to whom elec- 
tric energy is or will be supplied by the co- 
operative for the purpose of, and otherwise to 
assist such persons in, constructing, maintain- 
ing and operating electric refrigeration plants; 

(7) To become a member in one or more 
other cooperatives or corporations or to own 
stock therein; 

(8) To construct, purchase, take, receive, 
lease as lessee, or otherwise acquire, and to 
own, hold, use, equip, maintain, and operate, 
and to sell, assign, transfer, convey, exchange, 
lease as lessor, mortgage, pledge, or otherwise 
dispose of or encumber, electric transmission 
and distribution lines or systems, electric gen- 
erating plants, electric refrigeration plants, 
lands, buildings, structures, dams, plants and 
equipment, and any and all kinds and classes 
of real or personal property whatsoever, which 
shall be deemed necessary, convenient or ap- 
propriate to accomplish the purpose for which 

the cooperative is organized; 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



(9) To purchase or otherwise acquire, and 
to own, hold, use and exercise and to sell, 
assign, transfer, convey, mortgage, pledge, 
hypothecate, or otherwise dispose of or en- 
cumber, franchises, rights, privileges, licenses, 
rights of way and easement; 

(10) To borrow money and otherwise con- 
tract indebtedness, and to issue notes, bonds, 
and other evidences of indebtedness therefor, 
and to secure the payment thereof by mortgage, 
pledge, deed of trust, or any other encumbrance 
upon any or all of its then owned or after- 
acquired real or personal property, assets, fran- 
chises, revenues or income; 

(11) To construct, maintain, and operate 
electric transmission and distribution lines 
along, upon, under and across all public thor- 
oughfares, including without limitation, all 
roads, highways, streets, alleys, bridges and 
causeways, and upon, under and across all 
publicly owned lands, subject, however, to the 
requirements in respect of the use of such 
thoroughfares and lands that are imposed by 
the respective authorities having jurisdiction 
thereof upon corporations constructing or op- 
erating electric transmission and distribution 
lines or systems; 

(12) To exercise the power of eminent do- 
main in the manner provided by the laws of 
this state for the exercise of that power by 
corporations constructing or operating electric 
transmission and distribution lines or systems; 

(13) To conduct its business and exercise 
any or all of its powers within or without this 
state ; 

(14) To adopt, amend and repeal by-laws; 
and 

(15) To do and perform any and all other 
acts and things, and to have and exercise any 
and all other powers which may be necessary, 
convenient or appropriate to accomplish the 
purpose for which the cooperative is organized. 

History.— §3, ch. 19138, 1939; CGL, 1940 Supp. 6494(46). 

425.05 Name. — The name of each coopera- 
tive shall include the words "electric" and "co- 
operative" and the abbreviation "inc."; pro- 
vided, however, such limitation shall not apply 
if, in an affidavit made by the president or vice- 
president of a cooperative and filed with the 
secretary of state, it shall appear that the 
cooperative desires to transact business in an- 
other state and is precluded therefrom by rea- 
son of its name. The name of a cooperative 
shall distinguish it from the name of any 
other corporation organized under the laws 
of, or authorized to transact business in, this 
state. The words "electric" and "cooperative" 
shall not both be used in the name of any 
corporation organized under the laws of, or 
authorized to transact business in, this state, 
except a cooperative or a corporation trans- 
acting business in this state pursuant to the 
provisions of this chapter. 

History.— 84, oh. 19138, 1939; CGL 1940 Supp. 6494(47). 

425.06 Incorporators. — Five or more nat- 
ural persons or two or more cooperatives, may 



organize a cooperative in the manner herein- 
after provided. 

History.— §5, ch. 19138, 1939; CGL. 1940 Supp. 6494(48). 

425.07 Articles of incorporation. — 

(1) The articles of incorporation of a co- 
operative shall recite in the caption that they 
are executed pursuant to this chapter, shall be 
signed and acknowledged by each of the in- 
corporators, and shall state: (a) The name 
of the cooperative; (b) The address of its 
principal office; (c) The names and addresses 
of the incorporators; (d) The names and ad- 
dresses of the persons who shall constitute 
its first board of trustees; and (e) any pro- 
visions not inconsistent with this chapter 
deemed necessary or advisable for the conduct 
of its business and affairs. It shall not be 
necessary to set forth in the articles of in- 
corporation of a cooperative the purpose for 
which it is organized or any of the corporate 
powers vested in a cooperative under this 
chapter. 

(2) Such articles of incorporation shall be 
submitted to the secretary of state for filing 
as provided in this chapter. 

History.— §6, ch. 19138, 1939; CGL 1940 Supp. 6494(49). 

425.08 By-laws. — The original by-laws of a 
cooperative, and the first by-laws for a cor- 
poration after the effective date of the con- 
version thereof into a cooperative, pursuant 
to §425.17, shall be adopted by its board of 
trustees. Thereafter, by-laws shall be adopted, 
amended or repealed by its members. The by- 
laws shall set forth the rights and duties of 
members and trustees and may contain other 
provisions for the regulation and management 
of the affairs of the cooperative not incon- 
sistent with this chapter or with its articles of 
incorporation. 

History.— §7, eh. 19138, 1939; CGL, 1940 Supp. 6494(60). 

425.09 Members. — 

(1) No person who is not an incorporator 
shall become a member of a cooperative un- 
less such person shall agree to use electric 
energy furnished by the cooperative when 
such electric energy shall be available through 
its facilities. The by-laws of a cooperative may 
provide that any person, including an incor- 
porator, shall cease to be a member thereof 
if he shall fail or refuse to use electric en- 
ergy made available by the cooperative or if 
electric energy shall not be made available 
to such person by the cooperative within a 
specified time after such person shall have 
become a member thereof. Membership in the 
cooperative shall not be transferable, except 
as provided in the by-laws. The by-laws may 
prescribe additional qualifications and limita- 
tions in respect to membership. 

(2) An annual meeting of the members 
shall be held at such time as shall be provided 
in the by-laws. 

(3) Special meeting of the members may 
be called by the board of trustees, by any 
three trustees, by not less than ten per cent 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



of the members, or by the president. 

(4) Meetings of members shall be held at 
such place as may be provided in the by-laws. 
In the absence of any such provision, all 
meetings shall be held in the city or town in 
which the principal office of the cooperative 
is located. 

(5) Except as hereinafter otherwise pro- 
vided, written or printed notice stating the 
time and place of each meeting of members 
and, in the case of a special meeting, the pur- 
pose or purposes for which the meeting is 
called, shall be given to each member, either 
personally or by mail, not less than ten nor 
more than twenty-five days before the date of 
the meeting. 

(6) Five per cent of all members, present 
in person, shall constitute a quorum for the 
transaction of business at all meetings of the 
members, unless the by-laws prescribe the pres- 
ence of a greater percentage of the members 
for a quorum. If less than a quorum is pres- 
ent at any meeting, a majority of those present 
in person may adjourn the meeting from time 
to time without further notice. 

(7) Each member shall be entitled to one 
vote on each matter submitted to a vote at a 
meeting. Voting shall be in person, but, if 
the by-laws so provide, may also be by proxy 
or by mail, or both. If the by-laws provide for 
voting by proxy or by mail, they shall also 
prescribe the conditions under which proxy 
or mail voting shall be exercised. In any event, 
no person shall vote as proxy for more than 
three members at any meeting of the members. 

History.— §8, ch. 19138, 1939; CGL 1940 Supp. 6494(51). 

425.10 Board of trustees. — 

(1) The business and affairs of a coopera- 
tive shall be managed by a board of not less 
than five trustees, each of whom shall be a 
member of the cooperative or of another co- 
operative which shall be a member thereof. 
The by-laws shall prescribe the number of 
trustees, their qualifications, other than those 
provided for in this chapter, the manner of 
holding meetings of the board of trustees and 
of the election of successors to trustees who 
shall resign, die, or otherwise be incapable 
of acting. The by-laws may also provide for 
the removal of trustees from office and for 
the election of their successors. Without ap- 
proval of the members, trustees shall not re- 
ceive any salaries for their services as trus- 
tees and, except in emergencies, shall not be 
employed by the cooperative in any capacity 
involving compensation. The by-laws may, 
however, provide that a fixed fee and expenses 
of attendance, if any, may be allowed to each 
trustee for attendance at each meeting of the 
board of trustees. 

(2) The trustees of a cooperative named 
in any articles of incorporation, consolidation, 
merger or conversion, as the case may be, 
shall hold office until the next following an- 
nual meeting of the members or until their 
successors shall have been elected and quali- 
fied. At each annual meetine or, in case of 



failure to hold the annual meeting as speci- 
fied in the by-laws, at a special meeting called 
for that purpose, the members shall elect 
trustees to hold office until the next following 
annual meeting of the members, except as 
hereinafter otherwise provided. Each trustee 
shall hold office for the term for which he 
is elected or until his successor shall have 
been elected and qualified. 

(3) The by-laws may provide that, in lieu 
of electing the whole number of trustees an- 
nually, the trustees may be divided into three 
classes at the first or any subsequent annual 
meeting, each class to be as nearly equal 
in number as possible, with the term of 
office of the trustees of the first class to 
expire at the next succeeding annual meet- 
ing and the term of the second class to expire 
at the second succeeding annual meeting and 
the term of the third class to expire at the third 
succeeding annual meeting. At each annual 
meeting after such classification a number of 
Trustees equal to the number of the class whose 
term expires at the time of such meeting shall 
be elected to hold office until the third succeed- 
ing annual meeting. 

(4) A majority of the board of trustees 
shall constitute a quorum. 

(5) If a husband and wife hold a joint 
membership in a cooperative, either one, but 
not both, may be elected a trustee. 

(6) The board of trustees may exercise all 
of the powers of a cooperative except such as 
are conferred upon the members by this chap- 
ter, or its articles of incorporation or by-laws. 

History.— §9, ch. 19138, 1939; CGL 1940 Supp. 6494(62). 
Sub. §(3) am. Jl, ch. 280S3, 1953. 

425.11 Voting districts. — Notwithstanding 
any other provision of this chapter, the by- 
laws may provide that the territory in which 
a cooperative supplies electric energy to its 
members shall be divided into two or more 
voting districts and that, in respect of each 
such voting district, (1) a designated num- 
ber of trustees shall be elected by the mem- 
bers residing therein, or (2) a designated 
number of delegates shall be elected by such 
members or (3) both such trustees and dele- 
gates shall be elected by such members. In any 
such case the by-laws shall prescribe the 
manner in which such voting districts and 
the members thereof, and the delegates and 
trustees, if any, elected therefrom shall func- 
tion and the powers of the delegates, which 
may include the power to elect trustees. No 
member at any voting district meeting and no 
delegate at any meeting shall vote by proxy 
or by mail. 

History.— §10, ch. 19138, 1939; CGL, 1940 Supp. 6494(53). 

425.12 Officers. — The officers of a coopera- 
tive shall consist of a president, vice-president, 
secretary and treasurer, who shall be elected 
annually by and from the board of trustees. 
No person shall continue to hold any of the 
above offices after he shall have ceased to be 
a trustee. The offices of secretary and of 
treasurer may be held by the same person. The 
board of trustees may also elect or appoint 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



such other officers, agents, or employees as 
it shall deem necessary or advisable and shall 
prescribe the powers and duties thereof. Any 
officer may be removed from office and his 
successor elected in the manner prescribed 
in the by-laws. 

History.— §11, oh. 19138, 1939; CGL 1940 Supp. 6494(54). 

425.13 Amendment of articles of incorpora- 
tion. — A cooperative may amend its articles of 
incorporation by complying with the following 
requirements : 

(1) The proposed amendment shall first be 
approved by the board of trustees and shall 
then be submitted to a vote of the members 
at any annual or special meeting thereof, the 
notice of which shall set forth the proposed 
amendment. The proposed amendment, with 
such changes as the members shall choose to 
make therein, shall be deemed to be approved 
on the affirmative vote of not less than two- 
thirds of those members voting thereon at such 
meeting; and 

(2) Upon such approval by the members, 
articles of amendment shall be executed and 
acknowledged on behalf of the cooperative by 
its president or vice-president and its cor- 
porate seal shall be affixed thereto and at- 
tested by its secretary. The articles of amend- 
ment shall recite in the caption that they are 
executed pursuant to this chapter and shall 
state (a) the name of the cooperative; (b) the 
address of its principal office; (c) the date 
of the filing of its articles of incorporation 
in the office of the secretary of state; and (d) 
the amendment to its articles of incorporation. 
The president or vice-president executing such 
articles of amendment shall also make and 
annex thereto an affidavit stating that the 
provisions of this section were duly complied 
with. Such articles of amendment and affidavit 
shall be submitted to the secretary of state 
for filing as provided in this chapter. 

(3) A cooperative may, without amending 
its articles of incorporation, upon authoriza- 
tion of its board of trustees, change the lo- 
cation of its principal office by filing a certifi- 
cate of change of principal office executed and 
acknowledged by its president or vice presi- 
dent under its seal attested by its secretary, 
in the office of the secretary of state and also 
in each county office in which its articles of 
incorporation or any prior certificate of change 
of principal office of such cooperative has been 
filed. Such cooperative shall also, within thirty 
days after the filing of such certificate of 
change of principal office in any county office, 
file therein certified copies of its articles of 
incorporation and all amendments thereto, if 
the same are not already on file therein. 

History.— §12, ch. 19138, 1939; CGI. 1940 Supp. 6494(55). 

425.14 Consolidation. — Any two or more 
cooperatives, each of which is hereinafter des- 
ignated a "consolidating cooperative", may 
consolidate into a new cooperative, hereinafter 
designated the "new cooperative," by comply- 
ing with the following requirements: 



(1) The proposition for the consolidation 
of the consolidating cooperatives into the new 
cooperative and proposed articles of consoli- 
dation to give effect thereto shall be first 
approved by the board of trustees of each con- 
solidating cooperative. The proposed articles 
of consolidation shall recite in the caption 
that they are executed pursuant to this chapter 
and shall state: (a) the name of each con- 
solidating cooperative, the address of its prin- 
cipal office, and the date of the filing of its 
articles of incorporation in the office of the 
secretary of state; (b) the name of the new 
cooperative and the address of its principal 
office; (c) the names and addresses of the 
persons who shall constitute the first board 
of trustees of the new cooperative; (d) the 
terms and conditions of the consolidation and 
the mode of carrying the same into effect, in- 
cluding the manner and basis of converting 
membership in each consolidating cooperative 
into memberships in the new cooperative and 
the issuance of certificates of membership in 
respect of such converted memberships; and 
(e) any provisions not inconsistent with this 
chapter deemed necessary or advisable for the 
conduct of the business and affairs of the 
new cooperative; 

(2) The proposition for the consolidation 
of the consolidating cooperatives into the new 
cooperative and the proposed articles of con- 
solidation approved by the board of trustees 
of each consolidating cooperative shall then 
be submitted to a vote of the members thereof 
at any annual or special meeting thereof, the 
notice of which shall set forth full particulars 
concerning the proposed consolidation. The 
proposed consolidation and the proposed ar- 
ticles of consolidation shall be deemed to 
be approved upon the affirmative vote of not 
less than two-thirds of those members of each 
consolidating cooperative voting thereon at 
such meeting; and 

(3) Upon such approval by the members 
of the respective consolidating cooperatives, 
articles of consolidation in the form approved 
shall be executed and acknowledged on behalf 
of each consolidating cooperative by its presi- 
dent or vice-president and its seal shall be 
affixed thereto and attested by its secretary. 
The president or vice-president of each con- 
solidating cooperative executing such articles 
of consolidation shall also make and annex 
thereto an affidavit stating that the provisions 
of this section were duly complied with by 
such cooperative. Such articles of consolida- 
tion and affidavits shall be submitted to the 
secretary of state for filing as provided in this 
chapter. 

History.— §13, ch. 19138, 1939; CGL 1940 Supp. 6494(56). 

425.15 Merger. — Any one or more coopera- 
tives, each of which is hereinafter designated 
a "merging cooperative," may merge into an- 
other cooperative, hereinafter designated the 
"surviving cooperative," by complying with 
the following requirements: 

(1) The proposition for the merger of the 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



merging cooperatives into the surviving coop- 
erative and proposed articles of merger to give 
effect thereto shall be first approved by the 
board of trustees of each merging cooperative 
and by the board of trustees of the surviving 
cooperative. The proposed articles of merger 
shall recite in the caption that they are exe- 
cuted pursuant to this chapter and shall state: 
(a) the name of each merging cooperative, the 
address of its principal office, the date of the 
filing of its articles of incorporation in the 
office of the secretary of state; (b) the name 
of the surviving cooperative and the address 
of its principal office; (c) a statement that the 
merging cooperatives elect to be merged into 
the surviving cooperative; (d) the names and 
addresses of the persons who shall constitute 
the board of trustees of the surviving coopera- 
tive until the next following annual meeting 
of the members thereof; (e) the terms and con- 
ditions of the merger and the mode of carry- 
ing the same into effect, including the manner 
and basis of converting the memberships in 
the merging cooperative or cooperatives into 
memberships in the surviving cooperative and 
the issuance of certificates of membership in 
respect of such converted memberships; and 
(f) any provisions not inconsistent with this 
chapter deemed necessary or advisable for the 
conduct of the business and affairs of the 
surviving cooperatives ; 

(2) The proposition for the merger of the 
merging cooperatives into the surviving co- 
operative and the proposed articles of merger 
approved by the board of trustees of the re- 
spective cooperatives, parties to the proposed 
merger, shall then be submitted to a vote of 
the members of each such cooperative at any 
annual or special meeting thereof, the notice 
of which shall set forth full particulars concern- 
ing the proposed merger. The proposed merger 
and the proposed articles of merger shall be 
deemed to be approved upon the affirmative 
vote of not less than two-thirds of those mem- 
bers of each cooperative voting thereon at such 
meeting; and 

(3) Upon such approval by the members 
of the respective cooperatives, parties to the 
proposed merger, articles of merger in the 
form approved shall be executed and acknowl- 
edged on behalf of each such cooperative by 
its president or vice-president and its seal 
shall be affixed thereto and attested by its 
secretary. The president or vice-president of 
each cooperative executing such articles of 
merger shall also make and annex thereto an 
affidavit stating that the provisions of this 
section were duly complied with by such co- 
operative. Such articles of merger and affi- 
davits shall be submitted to the secretary of 
state for filing as provided in this chapter. 

History.— §14, ch. 19138, 1939; CGL 1940 Supp. 6494(57). 

425.16 Effect of consolidation or merger. 

— The effect of consolidation or merger shall 
be as follows: 

(1) The several cooperatives, parties to the 
consolidation or merger, shall be a single co- 



operative, which, in the case of a consolida- 
tion, shall be the new cooperative provided for 
in the articles of consolidation, and, in the 
case of a merger, shall be that cooperative 
designed in the articles of merger as the sur- 
viving cooperative, and the separate existence 
of all cooperatives, parties to the consolidation 
or merger, except the new or surviving co- 
operative, shall cease; 

(2) Such new or surviving cooperative shall 
have all the rights, privileges, immunities, and 
powers and shall be subject to all the duties 
and liabilities of a cooperative organized under 
the provisions of this chapter, and shall pos- 
sess all the rights, privileges, immunities, and 
franchises, as well of a public as of a private 
nature, and all property, real and personal, 
applications for membership, all debts due on 
whatever account, and all other choses in 
action, of each of the consolidating or merging 
cooperatives, and furthermore all and every 
interest of, or belonging or due to, each of the 
cooperatives so consolidated or merged, shall 
be taken and deemed to be transferred to and 
vested in such new or surviving cooperative 
without further act or deed; and the title 
to any real estate, or any interest therein, 
under the laws of this state vested in any 
such cooperatives shall not revert or be in 
any way impaired by reason of such consoli- 
dation or merger; 

(3) Such new or surviving cooperative shall 
thenceforth be responsible and liable for all 
of the liabilities and obligations of each of 
the cooperatives so consolidated or merged, 
and any claim existing, or action or proceeding 
impending, by or against any of such co- 
operatives may be prosecuted as if such con- 
solidation or merger had not taken place, but 
such new or surviving cooperative may be sub- 
stituted in its place; 

(4) Neither the rights of creditors nor any 
liens upon the property of any of such co- 
operatives shall be impaired by such consoli- 
dation or merger; and 

(5) In the case of a consolidation, the ar- 
ticles of consolidation shall be deemed to be 
the articles of incorporation of the new co- 
operative; and in the case of a merger, the 
articles of incorporation of the surviving co- 
operative shall be deemed to be amended to 
the extent, if any, that changes therein are 
provided for in the articles of merger. 

History.— §15, ch. 19138, 1939; CGL 1940 Supp. 6494(58). 

425.17 Conversion of existing corporations. 

— Any corporation organized under the laws 
of this state for the purpose, among others, of 
supplying electric energy in rural areas may 
be converted into a cooperative and become 
subject to this chapter with the same effect 
as if originally organized under this chapter 
by complying with the following requirements : 
(1) The proposition for the conversion of 
such corporation into a cooperative and pro- 
posed articles of conversion to give effect 
thereto shall be first approved by the board 
of trustees or the board of directors as the 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



case may be, of such corporation. The proposed 
articles of conversion shall recite in the cap- 
tion that they are executed pursuant to this 
chapter and shall state: (a) the name of the 
corporation prior to its conversion into a co- 
operative; (b) the address of the principal 
office of such corporation; (c) the date of the 
filing the articles of incorporation of such cor- 
poration in the office of the secretary of state; 
(d) the statute under which such corporation 
was organized; (e) the name assumed by such 
corporation; (f) a statement that such cor- 
poration elects to become a cooperative, non- 
profit, membership corporation subject to this 
chapter; (g) the names and addresses of the 
persons who shall constitute the board of 
trustees of such corporation after the com- 
pletion of the conversion thereof until the 
next following annual meeting of its members; 
(h) the manner and basis of converting either 
memberships in or shares of stock of such 
corporation into memberships therein after 
completion of the conversion; and (i) any 
provisions not inconsistent with this chapter 
deemed necessary or advisable for the con- 
duct of the business and affairs of such cor- 
poration ; 

(2) The proposition for the conversion of 
such corporation into a cooperative and the 
proposed articles of conversion approved by 
the board of trustees or board of directors, 
as the case may be, of such corporation shall 
then be submitted to a vote of the members 
or stockholders, as the case may be, of such 
corporation at any duly held annual or special 
meeting thereof, the notice of which shall 
set forth full particulars concerning the pro- 
posed conversion. The proposition for the 
conversion of such corporation into a coop- 
erative and the proposed articles of conver- 
sion, with such amendments thereto as the 
members or stockholders of such corporation 
shall choose to make, shall be deemed to 
be approved upon the affirmative vote of not 
less than two-thirds of those members of such 
corporation voting thereon at such meeting, 
or, if such corporation is a stock corporation, 
upon the affirmative vote of the holders of 
not less than two-thirds of the capital stock 
of such corporation represented at such 
meeting; 

(3) Upon such approval by the members 
or stockholders of such corporation, articles 
of conversion in the form approved by such 
members or stockholders shall be executed 
and acknowledged on behalf of such corpora- 
tion by its president or vice-president and its 
corporate seal shall be affixed thereto and at- 
tested by its secretary. The president or vice- 
president executing such articles of conver- 
sion on behalf of such corporation shall also 
make and annex thereto an affidavit stating 
that the provisions of this section with re- 
spect to the approval of its trustees or di- 
rectors and its members or stockholders, of 
the proposition for the conversion of such 
corporation into a cooperative and such ar- 



ticles of conversion were duly complied with. 
Such articles of conversion and affidavit shall 
be submitted to the secretary of state for 
filing as provided in this chapter. The term 
"articles of incorporation" as used in this 
chapter shall be deemed to include the articles 
of conversion of a converted corporation. 

History.— §16, ch. 19188. 1939; CGL 1940 Supp. 6494(58). 

425.18 Initiative by members. — Notwith- 
standing any other provision of this chapter, 
any proposition embodied in a petition signed 
by not less than ten per cent of the members 
of a cooperative, together with any document 
submitted with such petition to give effect 
to the proposition, shall be submitted to the 
members of a cooperative, either at a special 
meeting of the members held within forty-five 
days after the presentation of such petition or, 
if the date of the next annual meeting of 
members falls within ninety days after such 
presentation or if the petition so requests, at 
such annual meeting. The approval of the 
board of trustees shall not be required in 
respect of any proposition or document sub- 
mitted to the members pursuant to this section 
and approved by them, but such proposition 
or document shall be subject to all other ap- 
plicable provisions of this chapter. Any af- 
fidavit or affidavits required to be filed with any 
such document pursuant to applicable pro- 
visions of this chapter shall, in such case, be 
modified to show compliance with the provisions 
of this section. 

History.— 517, oh. 19188, 1939; CGL 1940 Supp. 8494(60). 

425.19 Dissolution. — (1) A cooperative 
which has not commenced business may dis- 
solve voluntarily by delivering to the secre- 
tary of state articles of dissolution, executed 
and acknowledged on behalf of the cooperative 
by a majority of the incorporators, which shall 
state: (a) the name of the cooperative; (b) 
the address of its principal office; (c) the date 
of its incorporation; (d) that the cooperative 
has not commenced business; (e) that the 
amount, if any, actually paid in on account 
of membership fees, less any part thereof dis- 
bursed for necessary expenses, has been re- 
turned to those entitled thereto and that all 
easements shall have been released to the 
grantors; (f) that no debt of the cooperative 
remains unpaid; and (g) that a majority of 
the incorporators elect that the cooperative 
be dissolved. Such articles of dissolution shall 
be submitted to the secretary of state for fil- 
ing as provided in this chapter; 

(2) A cooperative which has commenced 
business may dissolve voluntarily and wind up 
its affairs in the following manner: (a) the 
board of trustees shall first recommend that 
the cooperative be dissolved voluntarily and 
thereafter the proposition that the cooperative 
be dissolved shall be submitted to the mem- 
bers of the cooperative at any annual or special 
meeting the notice of which shall set forth 
such proposition. The proposed voluntary dis- 
solution shall be deemed to be approved upon 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



the affirmative vote of not less than two-thirds 
of those members voting thereon at such meet- 
ing; (b) upon such approval, a certificate of 
election to dissolve, hereinafter designated the 
"certificate", shall be executed and acknowl- 
edged on behalf of the cooperative by its 
president or vice-president, and its corporate 
seal shall be affixed thereto and attested by 
its secretary. The certificate shall state 1. 
the name of the cooperative; 2. the address 
of its principal office 3. the names and ad- 
dresses of its trustees; and 4. the total num- 
ber of members of the cooperative and the 
number of members who voted for and against 
the voluntary dissolution of the cooperative. 
The president or vice-president executing the 
certificate shall also make and annex thereto 
an affidavit stating that the provisions of this 
subsection were duly complied with. Such cer- 
tificate and affidavit shall be submitted to the 
secretary of state for filing as provided in 
this chapter; (c) Upon the filing of the cer- 
tificate and affidavit by the secretary of state, 
the cooperative shall cease to carry on its 
business except in so far as may be necessary 
for the winding up thereof, but its corporate 
existence shall continue until articles of dis- 
solution have been filed by the secretary of 
state; (d) after the filing of the certificate 
and affidavit by the secretary of state the 
board of trustees shall immediately cause 
notice of the winding up proceedings to be 
mailed to each known creditor and claimant 
and to be published once a week for two suc- 
cessive weeks in a newspaper of general circu- 
lation in the county in which the principal 
office of the cooperative is located; (e) the 
board of trustees shall have full power to 
wind up and settle the affairs of the coopera- 
tive and shall proceed to collect the debts 
owing to the cooperative, convey and dispose 
of its property and assets, pay, satisfy, and 
discharge its debts, obligations, and liabilities, 
and do all other things required to liquidate 
its business and affairs, and after paying or 
adequately providing for the payment of all 
its debts, obligations and liabilities, shall dis- 
tribute the remainder of its property and 
assets among its members in proportion to the 
aggregate patronage of each such member 
during the seven years next preceding the date 
of such filing of the certificate, or, if the co- 
operative shall not have been in existence for 
such period, during the period of its existence; 
and (f) when all debts, liabilities and obliga- 
tions of the cooperative have been paid and 
discharged or adequate provision shall have 
been made therefor, and all of the remaining 
property and assets of the cooperative shall 
have been distributed to the members pursuant 
to the provisions of this section, the board 
of trustees shall authorize the execution of 
articles of dissolution which shall thereupon 
be executed and acknowledged on behalf of 
the cooperative by its president or vice-pres- 
ident, and its corporate seal shall be affixed 
thereto and attested by its secretary. Such 



articles of dissolution shall recite in the cap- 
tion that they are executed pursuant to this 
chapter and shall state: 1. the name of the 
cooperative; 2. the address of the principal 
office of the cooperative; 3. that the coopera- 
tive has heretofore delivered to the secretary 
of state a certificate of election to dissolve 
and the date on which the certificate was 
filed by the secretary of state in the records 
of his office; 4. that all debts, obligations and 
liabilities of the cooperative have been paid 
and discharged or that adequate provision has 
been made therefor; 5. that all the remain- 
ing property and assets of the cooperative have 
been distributed among the members in ac- 
cordance with the provisions of this section; 
and 6. that there are no actions or suits 
pending against the cooperative. The president 
or vice-president executing the articles of dis- 
solution shall also make and annex thereto 
an affidavit stating that the provisions of this 
subsection were duly complied with. Such ar- 
ticles of dissolution and affidavit accompanied 
by proof of the publication required in this 
subsection, shall be submitted to the secretary 
of state for filing as provided in this chapter. 

History.— §18, ch. 19138, 1939; CGL 1940 Supp. 6494(61): 
am. §7, ch. 22858, 1945. 

425.20 Filing of articles. — Articles of incor- 
poration, amendment, consolidation, merger, 
conversion, or dissolution, as the case may be, 
when executed and acknowledged and accom- 
panied by such affidavits as may be required 
by applicable provisions of this chapter, shall 
be presented to the secretary of state for filing 
in the records of his office. If the secretary of 
state shall find that the articles presented con- 
form to the requirements of this chapter, he 
shall upon the payment of the fees as in this 
chapter provided, file the articles so presented 
in the records of his office and upon such filing 
the incorporation, amendment, consolidation, 
merger, conversion, or dissolution provided for 
therein shall be in effect. The secretary of 
state immediately upon the filing in his office 
of any articles pursuant to this chapter shall 
transmit a certified copy thereof to the county 
clerk of the county in which the principal of- 
fice of each cooperative or corporation affected 
by such incorporation, amendment, consolida- 
tion, merger, conversion, or dissolution shall 
be located. The clerk of any county, upon re- 
ceipt of any such certified copy, shall file and 
index the same in the records of his office, but 
the failure of the secretary of state or of a 
clerk of a county to comply with the provisions 
of this section shall not invalidate such articles. 
The provisions of this section shall also apply 
to certificates of election to dissolve and affi- 
davits of compliance executed pursuant to sub- 
section (2) (b) of §425.19. 

History.— §19, eh. 19138, 1939; CGL 1940 Supp. 6494(62). 

425.21 Refunds to members. — Revenues of a 
cooperative for any fiscal year in excess of the 
amount thereof necessary: 

(1) To defray expenses of the cooperative 
and of the operation and maintenance of its 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



facilities during such fiscal year; (2) To pay 
interest and principal obligations of the co- 
operative coming due in such fiscal year; (3) 
To finance, or to provide a reserve for the 
financing of, the construction or acquisition by 
the cooperative of additional facilities to the 
extent determined by the board of trustees; 
(4) To provide a reasonable reserve for work- 
ing capital; (5) To provide a reserve for the 
payment of indebtedness of the cooperative 
maturing more than one year after the date 
of the incurrence of such indebtedness in an 
amount not less than the total of the interest 
and principal payments in respect thereof re- 
quired to be made during the next following 
fiscal year; and (6) to provide a fund for edu- 
cation in cooperation and for the dissemination 
of information concerning the effective use of 
electric energy and other services made avail- 
able by the cooperative, shall, unless otherwise 
determined by a vote of the members, be dis- 
tributed by the cooperative to its members as 
patronage refunds in accordance with the 
patronage of the cooperative by the respective 
members paid for during such fiscal year. 
Nothing herein contained shall be construed to 
prohibit the payment by a cooperative of all or 
any part of its indebtedness prior to the date 
when the same shall become due. 

History.— 520, ch. 19138, 1939; CGLi 1940 Supp. 8494(63). 

425.22 Disposition of property. — A coopera- 
tive may not sell, mortgage, lease or otherwise 
dispose of or encumber all or any substantial 
portion of its property unless such sale, mort- 
gage, lease, or other disposition or encumbrance 
is authorized at a duly held meeting of the 
members thereof by the affirmative vote of not 
less than two-thirds of all of the members of 
the cooperative, and unless the notice of such 
proposed sale, mortgage, lease or other dis- 
position or encumbrance shall have been con- 
tained in the notice of the meeting; provided, 
however, that notwithstanding anything herein 
contained, or any other provisions of law, the 
board of trustees of a cooperative, without au- 
thorization by the members thereof, shall have 
full power and authority to authorize the exe- 
cution and delivery of a mortgage or mortgages 
or deed or deeds of trust upon, or the pledging 
or encumbering of, any or all of the property, 
assets, rights, privileges, licenses, franchises 
and permits of the cooperative, whether ac- 
quired or to be acquired, and wherever situ- 
ated, as well as the revenues and income there- 
from, all upon such terms and conditions as 
the board of trustees shall determine, to secure 
any indebtedness of the cooperative to the 
United States or any instrumentality or agency 
thereof. 

History.— 821, ch. 19138, 1939; CGL 1940 Supp. 6494(64). 

425.23 Nonliability of members for debts of 
cooperative. — The private property of the mem- 
bers of a cooperative shall be exempt from exe- 
cution for the debts of the cooperative and no 
member shall be liable or responsible for any 
debts of the cooperative. 

History .—§22, ch. 19138, 1939; COL 1940 Supp. 6494(66). 



425.24 Recordation of mortgages. — Any 

mortgage, deed of trust, or other instrument 
executed by a cooperative or foreign corpora- 
tion transacting business in this state pursuant 
to this chapter, which, by its terms, creates a 
lien upon real and personal property then own- 
ed or after-acquired, and which is recorded as 
a mortgage of real property in any county in 
which such property is located or is to be 
located shall have the same force and effect 
as if the mortgage, deed of trust or other in- 
strument were also recorded or filed in the 
proper office of such county as a mortgage on 
personal property. Recordation of any such 
mortgage, deed of trust or other instrument 
shall cause the lien thereof to attach to all 
after-acquired property of the mortgagor of 
the nature therein described as being mort- 
gaged or pledged thereby immediately upon 
the acquisition of such property by the mort- 
gagor, and such lien shall be superior to all 
claims of creditors of the mortgagor and pur- 
chasers of such property and to all other liens, 
except liens of prior record and tax liens, af- 
fecting such property. 

History.— 523, ch. 19138, 1939; CGL 1940 Supp. 6494(66). 

425.25 Waiver of notice. — Whenever any 
notice is required to be given under the pro- 
visions of this chapter or under the provisions 
of the articles of incorporation or by-laws of 
a cooperative, waiver thereof in writing, signed 
by the person or persons entitled to such notice 
whether before or after the time fixed for the 
giving of such notice, shall be deemed equival- 
ent to such notice. If a person or persons 
entitled to notice of a meeting shall attend 
such meeting, such attendance shall constitute 
a waiver of notice of the meeting, except in 
case the attendance is for the express purpose 
of objecting to the transaction of any business 
because the meeting shall not have been law- 
fully called or convened. 

History.— §24, ch. 19138, 1939; CGL 1940 Supp. 6494(67). 

425.26 Trustees, officers or members, no- 
taries. — No person who is authorized to take 
acknowledgment under the laws of this state 
shall be disqualified from taking acknowledg- 
ments of instruments executed in favor of a 
cooperative or to which it is a party, by reason 
of being an officer, director or member of such 
cooperative. 

History.— 525, ch. 19138, 1939; CGL 1940 Supp. 6494(68). 

425.27 Foreign corporations. — Any corpora- 
tion organized under the laws of another state 
on a nonprofit or a cooperative basis for the 
purpose of supplying electric energy in rural 
areas and owning and operating electric trans- 
mission or distribution lines in a state adjacent 
to this state, shall be allowed to transact busi- 
ness in this state and shall have the same rights, 
powers, and privileges as a cooperative organ- 
ized under this chapter upon the filing with the 
secretary of state of a certified copy of its 
charter or articles of incorporation and upon 
payment of the filing fee in this chapter pro- 
vided. 

History.— 826, ch. 19138, 1939; CGL 1940 Supp. 6494(69). 



Ch. 425 



RURAL ELECTRIC COOPERATIVE LAW 



Ch. 425 



425.28 Fees.— The secretary of state shall 
charge and collect for: 

(1) Filing articles of incorporation ten 
dollars; 

(2) Filing articles of amendment five dol- 
lars ; 

(3) Filing articles of consolidation or mer- 
ger five dollars; 

(4) Filing articles of conversion five dol- 
lars; 

(5) Filing certificate of election to dissolve 
five dollars; 

(6) Filing articles of dissolution five dol- 
lars; 

(7) Filing certificate of change of principal 
office two dollars; and 

(8) Filing certified copy of charter or 



articles of incorporation of foreign corpora- 
tion pursuant to §425.27 ten dollars. 

History.— 527, ch. 19138, 1939; COL 1940 Supp. 6494(70). 

425.29 Exemption from uniform sale of se- 
curities law. — The provisions of the uniform 
sale of securities law shall not apply to any 
note, bond or other evidence of indebtedness 
issued by any cooperative or foreign corpora- 
tion transacting business in this state pur- 
suant to this chapter to the United States or 
any agency or instrumentality thereof, or to 
any mortgage or deed of trust executed to se- 
cure the same. The provisions of said uniform 
sale of securities law shall not apply to the 
issuance of membership certificates by any 
cooperative or any such foreign corporation. 

History.— 528, oh. 19188, 1939; CGL 1940 Supp. 6494(71). 



TITLE XXIX 



LABOR 



CHAPTEE 440 
WORKMEN'S COMPENSATION LAW 



440.01 Short title. 440.29 

440.02 Definitions. 440.30 

440.03 Application. 440.31 

440.04 Waiver of exemption. 440.32 

440.05 Notice of nonacceptance and waiver 

of exemption. 440.33 

440.06 When employer rejects chapter; effect. 440.34 

440.07 When employee rejects chapter; effect. 

440.08 When employer and employee reject 440.35 

chapter; effect. 440.36 

440.09 Coverage. 440.37 

440.10 Liability for compensation. 440.38 

440.11 Exclusiveness of liability. 440.39 

440.12 Time for commencement and limits on 

weekly rate of compensation. 440.40 

440.13 Medical services and supplies; penalty 440.41 

for violations; limitations. 440.42 

440.14 Determination of pay. 440.43 

440.15 Compensation for disability. 

440.151 Occupational diseases. 440.44 

440.152 Commission to make study of occupa- 440.45 

tional diseases, etc. 

440.16 Compensation for death. 440.46 

440.17 Guardian for minor or incompetent. 

440.18 Notice of injury or death. 440.47 

440.19 Time and procedure for filing claims. 440.48 

440.20 Payment of compensation. 440.49 

440.21 Invalid agreements ; penalty. 

440.22 Assignment and exemption from claims 440.50 

of creditors. 

440.23 Compensation a lien against assets. 440.51 

440.24 Enforcement of compensation orders; 440.52 

penalties. 440.53 

440.25 Procedure in respect to claims. 440.54 

440.26 Presumptions. 440.55 

440.27 Review of compensation orders. 440.56 

440.28 Modification of orders. 440.57 



Procedure before the commission. 

Depositions. 

Witness fees. 

Cost in proceedings brought without 
reasonable grounds. 

Powers of commission. 

Attorney's fees ; costs ; penalty for vio- 
lations. 

Record of injury or death. 

Reports ; penalties for violations. 
■ Misrepresentation ; penalty. 

Security for compensation. 

Compensation for injuries where third 
persons are liable. 

Compensation notice. 

Substitution of carrier for employer. 

Insurance policies ; liability. 

Penalty for failure to secure payment 
of compensation. 

Industrial commission. 

Deputy commissioners; delegation of 
authority. 

Investigations by the commission; re- 
fusal to admit, penalty. 

Traveling expenses. 

Annual report. 

Rehabilitation of injured employees; 
special disability fund. 

Workmen's compensation administra- 
tion trust fund. 

Expenses of administration. 

Registration of insurance companies. 

Effect of unconstitutionality. 

Violation of child labor law. 

Proceedings against state. 

Safety rules and provisions ; penalty. 

Pooling liabilities. 



440.01 Short title. — This chapter may be 
cited as "Workmen's Compensation Law." 

History.— $1, eh. 17481. 1935: CQIi 1836 Supp. 5966(1). 

440.02 Definitions. — When used in this 
chapter, unless the context clearly requires 
otherwise — 

(1) "Employment." 

(a) "Employment," subject to the other pro- 
visions of this chapter, means any service per- 
formed by an employee for the person employ- 
ing him. 

(b) The term "employment" shall include: 
1. Employment by the state and all political 

subdivisions thereof and all public and quasi- 
public corporations therein; and 



2. All private employments in which three 
or more employees are employed by the same 
employer. 

(c) The term "employment" shall not in- 
clude service performed by or as: 

1. Officers elected at the polls; 

2. Domestic servants in private homes; 

3. Agricultural labor performed on a farm 
in the employ of a bona fide farmer or associa- 
tion of farmers. The term "farm" includes 
stock, dairy, poultry, fruit, fur-bearing animals 
and truck farms, ranches, nurseries and or- 
chards. 

4. Professional athletes, such as profession- 
al boxers and wrestlers and baseball, football, 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



basketball, hockey, polo, tennis, jai alai and 
similar players, and all referees, judges, um- 
pires, trainers, masseurs and similar performers 
or attendants incident to professional exhibi- 
tions and performances of athletic games, 
sports and contests; or 

5. Turpentine labor, labor in processing 
gum-spirits-of-turpentine, crude gum, oleorosin 
and gum rosin. 

(2) "Employee." 

(a) "Employee" means every person en- 
gaged in any employment under any appoint- 
ment or contract of hire or apprenticeship, ex- 
press or implied, oral or written, including 
aliens, and also including minors whether law- 
fully or unlawfully employed. 

(b) The term "employee" shall include any 
person who is an officer of a corporation and 
who performs services for remuneration for 
such corporation within this state, whether or 
not such services are continuous. Services shall 
be presumed to have been rendered the cor- 
poration in cases where such officer is com- 
pensated by other than dividends upon shares 
of stock of such corporation owned by him. 

(c) The term "employee" shall not include : 

1. Independent contractors; or 

2. Persons whose employment is both casual 
and not in the course of the trade, business, 
profession or occupation of the employer. 

(3) The term "casual" as used in this sec- 
tion shall be taken to refer only to employments 
where the work contemplated is to be completed 
in not exceeding ten working days, without re- 
gard to the number of men employed, and where 
the total labor cost of such work is less than 
one hundred dollars. 

(4) The term "employer" means the state 
and all political subdivisions thereof, all pub- 
lic and quasi-public corporations therein, every 
person carrying on any employment, and the 
legal representative of a deceased person or the 
receiver or trustees of any person. 

(5) The term "person" means individual, 
partnership, association or corporation, in- 
cluding any public service corporation. 

(6) The term "injury" means personal in- 
jury or death by accident arising out of and 
in the course of employment, and such diseases 
or infection as naturally or unavoidably result 
from such injury. 

(7) The term "carrier" means any person 
or fund authorized under §440.38 to insure 
under this chapter and includes self-insurers. 

(8) The term "commission" means the Flor- 
ida industrial commission or any duly author- 
ized deputy commissioner, inspector, agent or 
representative. 

(9) "Disability" means incapacity because 
of the injury to earn in the same or any other 
employment the wages which the employee was 
receiving at the time of the injury. 

(10) "Death" as a basis for a right to com- 
pensation means only death resulting from an 
injury. 

(11) "Compensation" means the money al- 



lowance payable to an employee or to his de- 
pendents as provided for in this chapter. 

(12) "Wages" means the money rate at 
which the service rendered is recompensed 
under the contract of hiring in force at the 
time of the injury, including the reasonable 
value of board, rent, housing, lodging, or sim- 
ilar advantage received from the employer, and 
gratuities received in the course of employment 
from others than the employer, only when such 
gratuities are received with the knowledge of 
the employer. In employment where an em- 
ployee receives consideration other than cash as 
a portion of this compensation the value of 
such compensation shall be subject to the de- 
termination of the commission. 

(13) "Child" shall include a posthumous 
child, a child legally adopted prior to the in- 
jury of the employee, and a step-child or 
acknowledged illegitimate child dependent up- 
on the deceased, but does not include married 
children unless wholly dependent on him. 
"Grandchild" means a child as above defined 
of a child as above defined. "Brother" and 
"sister" include step-brothers and step-sisters, 
half-brothers and half-sisters, and brothers and 
sisters by adoption, but does not include mar- 
ried brothers nor married sisters unless wholly 
dependent on the employee. "Child," "grand- 
child," "brother" and "sister" includes only 
persons who at the time of the death of the 
deceased employees are under eighteen years 
of age. 

(14) The term "parent" includes step-par- 
ents and parents by adoption, parents-in-law, 
and any persons who for more than three years 
prior to the death of the deceased employee 
stood in the place of a parent to him, and were 
dependent on the injured employee. 

(15) The term "widow" includes only the 
decedent's wife, living with him at the time of 
his injury and death, or dependent for support 
upon him and living apart at said time for 
justifiable cause. 

(16) The term "widower" includes only the 
decedent's husband who at the time of her 
death lived with her and was dependent for 
support upon her, and was not capacitated to 
support himself. 

(17) The term "adoption" or "adopted" 
means legal adoption prior to the time of the 
injury. 

(18) The term "time of injury" means the 
time of the occurrence of the accident result- 
ing in the injury. 

(19) "Accident" shall mean only an unex- 
pected or unusual event or result, happening 
suddenly. A mental or nervous injury due to 
fright or excitement only or disability or death 
due to the accidental acceleration or aggrava- 
tion of a venereal disease or of a disease due 
to the habitual use of alcohol or narcotic drugs, 
shall be deemed not to be an injury by accident 
arising out of the employment. Where a pre- 
existing disease is accelerated or aggravated by 
accident arising out of and in the course of the 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



employment, only acceleration of death or the 
acceleration or aggravation of disability rea- 
sonably attributable to the accident shall be 
compensable. 

(20) The term "registered mail" includes 
certified mail and any mail service which pro- 
vides for a receipt to the sender and a record 
of delivery at the office of address. 

History.— §2, ch. 17481, 1935; {1, ch. 17483, 1936; {1, eh. 
17483, 1935; COL 1936 Supp. 6966(2); §1, ch. 18413, 1937; 
II, ch. 20672, 1941; sub {(19) am. |1, ch. 28238, 1953; sub {{(1), 
(2) am. §1, ch. 29778, 1955; (1) by §1, ch. 57-155, (20) N. by 
jl, ch. 57-225; (8) by §1, ch. 59-100. 
cl. — {1.01 For general definitions. 

440.03 Application. — Every employer and 
every employee, unless otherwise specifically 
provided, shall be presumed to have accepted 
the provisions of this chapter, respectively to 
pay and accept compensation for injury or 
death, arising out of and in the course of em- 
ployment, and shall be bound thereby, unless 
he shall have given prior to the injury, notice 
to the contrary as provided in §440.05. 

History.— {3, ch. 17481, 1935; COL 1936 Supp. 6966(3). 

440.04 Waiver of exemption. — 

(1) An employer or employee who has ex- 
empted himself by proper notice from the oper- 
ation of this chapter may at any time waive 
such exemption and thereby accept the provi- 
sions of this chapter by giving notice as pro- 
vided in §440.05. 

(2) Every employer having in his employ- 
ment any employee not included in the defini- 
tion "employee" or excluded or exempted from 
the operation of this chapter may at any time 
waive such exclusion or exemption and accept 
the provisions of this chapter by giving notice 
thereof as provided in §440.05, and by so doing 
be as fully protected and covered by the pro- 
visions of this chapter as if such exclusion or 
exemption had not been contained herein. 

(3) When any policy or contract of insur- 
ance specifically secures the benefits of this 
chapter to any person not included in the defi- 
nition of "employee" or whose services are not 
included in the definition of "employment" or 
who is otherwise excluded or exempted from 
the operation of this chapter, the acceptance 
of such policy or contract of insurance by the 
insured and the writing of same by the car- 
rier shall constitute a waiver of such exclusion 
or exemption and an acceptance of the provi- 
sions of this chapter with respect to such per- 
son, notwithstanding the provision of §440.05 
with respect to notice. 

History.— {4, ch. 17481, 1935; COL 1936 Supp. 5966(4); 
(2, ch. 18413, 1937; sub {(3) comp. {2, ch. 29778, 1955. 

440.05 Notice of nonacceptance and waiver 
of exemption. — Notice of nonacceptance of this 
chapter and notice of waiver of exemption here- 
tofore referred to shall be given in accordance 
with the following provisions: 

(1) Every employer who elects not to ac- 
cept the provisions of this chapter or who 
waives such exemption as the case may be, 
shall post and keep posted in a conspicuous 
place or places in and about his place or places 
of business typewritten or printed notices to 



such effect in accordance with a form to be 
prescribed by the commission. He shall file a 
duplicate of such notice with the commission. 

(2) Every employee who elects not to accept 
the provisions of this chapter or who waives 
such exemption, as the case may be, shall 
deliver to the employer or shall send to him 
by mail addressed to him at his office, notice 
to such effect in accordance with a form to 
be prescribed by the commission. He shall file 
a duplicate of such notice with the commission. 

(3) Such notice shall be given thirty days 
prior to any injury, provided, however, that if 
the injury occurs less than thirty days after 
the date of employment, such notice given at 
the time of employment shall be sufficient 
notice. 

History.— {5, ch. 17481, 193S; COL 1936 Supp. 6966(6). 

440.06 When employer rejects chapter; ef- 
fect. — Every employer who elects not to operate 
under this chapter by giving proper notice as 
provided in §440.05 may not, in any suit brought 
against him by an employee subject to this 
chapter to recover damages for injury or death, 
defend such a suit on the grounds that the in- 
jury was caused by the negligence of a fellow 
servant, nor that the employee assumed the risk 
of his employment, nor that the injury was due 
to the contributory negligence of the employee. 

History.— {6, ch. 17481, 1935; COL 1936 Supp. 5966(6). 

440.07 When employee rejects chapter; ef- 
fect. — Every employee who elects not to operate 
under this chapter, in any action to recover 
damages for injury or death brought against 
an employer who accepts the provisions of this 
chapter shall proceed as at common law and 
the employer in such suit may avail himself 
of the defense of negligence of fellow servant, 
assumption of risk and contributory negligence, 
as such defense exists at common law. 

History.— {7, ch. 17481, 1936; COL 1936 Supp. 5966(7). 

440.08 When employer and employee reject 
chapter; effect. — When both employer and em- 
ployee elect not to operate under this chapter 
the liability of the employer shall be the same 
as though he alone rejected the terms of this 
chapter and in any action brought against him 
by such employee, he may not plead as a de- 
fense that the injury was caused by the neg- 
ligence of a fellow servant, nor that the em- 
ployee assumed the risk of his employment, nor 
that the injury was due to contributory neg- 
ligence of the employee. 

History.— {8, ch. 17481, 1935; COL 1936 Supp. 6966(8). 

440.09 Coverage. — 

(1) Compensation shall be payable under 
this chapter in respect of disability or death of 
an employee if the disability or death results 
from an injury arising out of and in the course 
of employment. Death resulting from an opera- 
tion by a surgeon furnished by the employer for 
the cure of hernia as required in subsection (6) 
of §440.15 shall for the purpose of this chapter 
be considered as a death resulting from the ac- 
cident causing the hernia. Where an accident 
happens while the employee is employed else- 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



where than in this state, which would entitle 
him or his dependents to compensation if it had 
happened in this state, the employee or his de- 
pendents shall be entitled to compensation, if 
the contract of employment was made in this 
state, and if the employer's place of business is 
in this state or if the residence of the em- 
ployee is in this state, provided, his contract of 
employment was not expressly for service ex- 
clusively outside of the state; provided, how- 
ever, that if an employee shall receive compen- 
sation or damages under the laws of any other 
state, nothing herein contained shall be con- 
strued so as to permit a total compensation for 
the same injury greater than is provided herein. 

(2) No compensation shall be payable in 
respect of the disability or death of any em- 
ployee of a common carrier by railroad or ex- 
press company engaged in intrastate, interstate 
or foreign commerce. 

(3) No compensation shall be payable if the 
injury was occasioned primarily by the in- 
toxication of the employee or by the willful 
intention of the employee to injure or kill him- 
self or another. Where injury is caused by the 
willful refusal of the employee to use a safety 
appliance or observe a safety rule required by 
statute or lawfully required or approved by the 
commission, and brought prior to the accident 
to his knowledge, the compensation as provided 
in this chapter shall be reduced twenty-five per 
cent. 

(4) When any employee of the state or of 
any political subdivision thereof or of any pub- 
lic or quasi-public corporation therein, or any 
person entitled thereto on account of depend- 
ency upon such employee, receives compensa- 
tion under the provisions of this chapter by 
reason of the disability or death of such em- 
ployee resulting from an injury arising out of 
and in the course of employment with such 
employer, and such employee or dependent is 
entitled to receive any sum from any pension 
or other benefit fund to which the same employ- 
er may contribute, the amount of any payment 
from such pension or benefit fund allocable to 
any week with respect to which such employee 
or dependent receives compensation under this 
chapter shall be reduced by the amount of the 
compensation for such week; provided that if 
the amount of the payment from such pension or 
benefit fund allocable to any week is less than 
the amount of such compensation for such week 
only the amount of the pension or benefit pay- 
ment allocable to such week shall be affected 
and the amount of the difference between the 
compensation and the pension or benefit pay- 
ment allocable to one week shall not reduce 
the pension or benefit payment allocable to any 
subsequent week. 

History.— §9, ch. 17481, 1935; COL 1936 Supp. 5966(9); {3, 
ch. 18413, 1937; sub. { (4) am. {1, ch. 28336, 1953; (3) by |1, ch. 
57-293. 

440.10 Liability for compensation. — 

(1) Every employer coming within the pro- 
visions of this chapter, including any brought 
within the chapter by waiver of exclusion or of 



exemption, shall be liable for and shall secure 
the payment to his employees of the compensa- 
tion payable under §§440.13, 440.15 and 440.16. 
In case a contractor sublets any part or parts 
of his contract work to a subcontractor or sub- 
contractors, all of the employees of such con- 
tractor and subcontractor or subcontractors 
engaged on such contract work shall be deemed 
to be employed in one and the same business 
or establishment, and the contractor shall be 
liable for and shall secure the payment of com- 
pensation to all such employees, except to em- 
ployees of a subcontractor who has secured 
such payment. 

C2) Compensation shall be payable irrespec- 
tive of fault as a cause for the injury, except 
as provided in subsection (3) of §440.09. 

History.— §10, ch. 17481, 1935; COL 1936 8upp. 5966(19); 
{4. ch. 18413, 1937. 

440.11 Exclusiveness of liability. — The lia- 
bility of an employer prescribed in §440.10 
shall be exclusive and in place of all other 
liability of such employer to the employee, his 
legal representative, husband or wife, parents, 
dependents, next of kin, and anyone otherwise 
entitled to recover damages from such em- 
ployer at law or in admiralty on account of 
such injury or death, except that if an employer 
fails to secure payment of compensation as re- 
quired by this chapter an injured employee, or 
his legal representative, in case death result* 
from the injury, may elect to claim compensa- 
tion under this chapter, or to maintain an action 
at law or in admiralty for damages on account 
of such injury or death. In such action the de- 
fendant may not plead as a defense that the 
injury was caused by negligence of a fellow 
servant, nor that the employee assumed the risk 
of his employment, nor that the injury was due 
to the contributory negligence of the employee. 

History.— §11, ch. 17481, 1936; COL 1936 Supp. 6966(11). 

440.12 Time for commencement and limits 
on weekly rate of compensation. — 

(1) No compensation shall be allowed for 
the first seven days of the disability, except 
benefits provided for in §440.13 ; provided, how- 
ever, that if the injury results in disability of 
more than twenty-one days compensation shall 
be allowed from the commencement of the 
disability. 

(2) Compensation for disability resulting 
from injuries which occur after June 30, 1959, 
shall not exceed forty-two dollars per week nor 
be less than eight dollars per week; provided, 
however, that if the employee's wages at the 
time of injury are less than eight dollars per 
week he shall receive his full weekly wages. 

(3) The provisions of this section as amend- 
ed effective July 1, 1951, shall govern with 
respect to disability due to injuries suffered 
prior to July 1, 1959. 

History.— §12, ch. 17481, 1936; COL 1936 Supp. 5966(11); 
§5, ch. 18413, 1937; am. |1, ch. 21824, 1943. 
Am. §§1, 3, ch. 26876, 1951; §1, ch. 69-151. 

440.13 Medical services and supplies; pen- 
alty for violations; limitations. — 

(1) Subject to the limitations specified in 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



subsection (3) (b) the employer shall furnish 
to the employee such remedial treatment, care 
and attendance under the direction and super- 
vision of a qualified physician or surgeon, or 
other recognized practitioner, nurse or hospital, 
and for such period, as the nature of the in- 
jury or the process of recovery may require, 
including medicines, crutches, artificial mem- 
bers, and other apparatus. If the employer 
fails to provide the same after request by the 
injured employee, such injured employee may 
do so at the expense of the employer, the 
reasonableness and the necessity to be ap- 
proved by the commission. The employee shall 
not be entitled to recover any amount expended 
by him for such treatment or service unless 
he shall have requested the employer to furnish 
the same and the employer shall have failed, 
refused or neglected to do so, or unless the 
nature of the injury required such treatment, 
nursing and services and the employer or his 
superintendent or foreman having knowledge 
of such injury shall have neglected to pro- 
vide the same; nor shall any claim for medical, 
surgical or other remedial treatment be valid 
and enforceable unless within ten days follow- 
ing the first treatment (except in cases where 
first aid only is rendered) and thereafter at 
such intervals as the commission by regulation 
may prescribe the physician or other recog- 
nized practitioner giving such treatment or 
treatments furnish to the commission and to 
the employer a report of such injury and treat- 
ment on forms prescribed by the commission, 
provided that the commission for good cause 
may excuse the failure of the physician or 
other recognized practitioner to furnish any 
report within the period prescribed and may 
order the payment to him of such remunera- 
tion for treatment or service rendered as the 
commission finds equitable. The physician shall 
also furnish to the injured employee on de- 
mand a copy of each such report. 

(2) If an injured employee objects to the 
medical attendance furnished by the employer, 
it shall be the duty of the employer to select 
another physician to treat the injured employee 
unless the commission determines that a change 
in medical attendance is not for the best in- 
terests of the injured employee; provided that 
the commission may at any time, for good cause 
shown, in its discretion order a change in such 
remedial attention, care, or attendance. It shall 
be unlawful for any employer or representative 
of any insurance company or insurer to coerce 
or attempt to coerce a sick or injured employee 
in the selection of a physician, or surgeon or 
other attendant or remedial treatment, nursing 
or hospital care, or any other service that the 
sick or injured employee may require; and any 
employer or representative of any insurance 
company or insurer who violates this provision 
shall be guilty of a misdemeanor and upon con- 
viction therefor shall be fined not less than 
twenty-five dollars and not more than one hun- 
dred dollars for each and every offense. 

(3) (a) All fees and other charges for such 
treatment or service shall be limited to such 



charges as prevail in the same community for 
similar treatment of injured persons of like 
standard of living, and shall be subject to 
regulations by the commission, who shall adopt 
schedules of charges for such treatment or 
services. 

(b) All rights for remedial attention under 
this section shall be barred unless a claim 
therefor is filed with the commission within 
two years after the time of injury, except that 
if payment of compensation has been made 
or remedial attention has been furnished by 
the employer without an award on account of 
such injury a claim may be filed within two 
years after the date of the last payment of 
compensation or within two years after the 
date of the last remedial attention furnished 
by the employer; and all rights for remedial 
attention under this section pursuant to the 
terms of an award shall be barred unless a 
further claim therefor is filed with the com- 
mission within two years after the entry of such 
award, except that if payment of compensation 
has been made or remedial attention has been 
furnished by the employer under the terms of 
the award a further claim may be filed within 
two years after the date of the last payment 
of compensation or within two years after the 
date of the last remedial attention furnished 
by the employer. 

History.— §13, ch. 17481, 1935; COL 1836 Supp. 6966(13); 
{6, ch. 18413, 1937; COL 1940 Supp. 8135 (14-a) ; (3, Ob. 20671, 
1941; $2, ch. 21824, 1943; fl, ch. 22814, 194S; {1, ch. 25244, 
1949; (l)-(3) §1, ch. 28241, 1953; (1) §2, ch. 57-225; (1), (3) 
111, 2, ch. 63-91. 

440.14 Determination of pay. — Except as 
otherwise provided in this chapter, the aver- 
age weekly wages of the injured employee at 
the time of the injury shall be taken as the 
basis upon which to compute compensation 
and shall be determined subject to limitations 
of subsection (2) of §440.12 as follows: 

(1) If the injured employee shall have 
worked in the employment in which he was 
working at the time of the injury, whether for 
the same or another employer, during substan- 
tially the whole of thirteen weeks immediately 
preceding the injury, his average weekly wage 
shall be one-thirteenth of the total amount of 
wages earned in such employment during the 
said thirteen weeks. 

(2) If the injured employee shall not have 
worked in such employment during substantial- 
ly the whole of thirteen weeks immediately pre- 
ceding the injury, the wages of a similar em- 
ployee in the same employment who has worked 
substantially the whole of such thirteen weeks 
shall be used in making the determination un- 
der the preceding paragraph. 

(3) If either of the foregoing methods can- 
not reasonably and fairly be applied the full- 
time weekly wages of the injured employee 
shall be used, except as otherwise provided in 
subsections (4) or (5) of this section. 

(4) If it be established that the injured em- 
ployee was a minor when injured, and that 
under normal conditions his wages should be 
expected to increase during the period of dis- 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



ability the fact may be considered in arriving 
at his average weekly wages. 

(5) If it be established that the injured 
employee was a part-time worker at the time 
of the injury, that he had adopted part-time 
employment as his customary practice, and that 
under normal working conditions he probably 
would have remained a part-time worker dur- 
ing the period of disability, these factors shall 
be considered in arriving at his average weekly 
wages. For the purpose of this subsection the 
term part-time worker means an individual who 
customarily works less than the full-time hours 
or full-time work week of a similar employee 
in the same employment. 

(6) If compensation is due for a fractional 
part of the week, the compensation for such 
fractional part shall be determined by dividing 
the weekly compensation rate by the number 
of days employed per week to compute the 
amount due for each day. 

History.— §14, ch. 17481, 1935; COL 1938 Supp. 8988(14); 13, 

ch. 20672, 1941; §2, ch. 28241, 1953; (5) §1, ch. 63-160. 

440.15 Compensation for disability. — 

Compensation for disability shall be paid to 
the employee, subject to the limits provided in 
subsection (2) of §440.12 as follows: 

(1) PERMANENT TOTAL DISABILITY.— 

(a) In case of total disability adjudged to 
be permanent, sixty per cent of the average 
weekly wages shall be paid to the employee 
during the continuance of such total disability. 

(b) Loss of both hands, or both arms, or 
both feet, or both legs, or both eyes, or of any 
two thereof shall, in the absence of conclusive 
proof to the contrary, constitute permanent to- 
tal disability. In all other cases permanent total 
disability shall be determined in accordance 
with the facts. 

(c) In cases of permanent total disability 
resulting from injuries which occurred prior to 
July 1, 1955, such payments shall not be made 
in excess of seven hundred weeks. 

(d) If an employee who is being paid com- 
pensation for permanent total disability shall 
become rehabilitated to the extent that he shall 
establish an earning capacity by employment 
he shall be paid during the period of such em- 
ployment, instead of the compensation provided 
in paragraph (a) of this subsection, sixty per 
cent of the difference between his average 
weekly wages at the time the total disability 
was incurred and his wage earning capacity 
as determined by his actual earnings in such 
employment. 

(2) TEMPORARY TOTAL DISABILITY.— 
In case of disability total in character but tem- 
porary in quality, sixty per cent of the average 
weekly wages shall be paid to the employee 
during the continuance thereof, not to exceed 
three hundred and fifty weeks except as pro- 
vided in subsection (1) of §440.12. 

(3) PERMANENT PARTIAL DISABILI- 
TY. — In case of disability partial in character 
but permanent in quality the compensation 
shall, in addition to that provided by subsection 
(2) of this section, be sixty per cent of the aver- 



Arm lost, two hundred weeks' compen- 
Leg lost, two hundred weeks' compen- 



age weekly wages, and shall be paid to the em- 
ployee as follows: 

(a) 
sation. 

(b) 
sation. 

(c) Hand lost, one hundred and seventy- 
five weeks' compensation. 

(d) Foot lost, one hundred and seventy-five 
weeks' compensation. 

(e) Eye lost, one hundred and seventy-five 
weeks' compensation. 

(f ) Thumb lost, sixty weeks' compensation. 

(g) First finger lost, thirty-five week's com- 
pensation. 

(h) Great toe lost, thirty weeks' compensa- 
tion. 

(i) Second finger lost, thirty week's com- 
pensation. 

(j) Third finger lost, twenty weeks' com- 
pensation. 

(k) Toe other than great toe lost, ten weeks' 
compensation. 

(1) Fourth finger lost, fifteen weeks' com- 
pensation. 

(m) Loss of hearing: compensation for loss 
of hearing of one ear, forty weeks. Compensa- 
tion for loss of hearing of both ears, one hun- 
dred and fifty weeks. 

(n) Phalanges: Compensation for loss of 
more than one phalange of a digit shall be the 
same as for loss of the entire digit. Compensa- 
tion for loss of the first phalange shall be one- 
half of the compensation for the loss of the 
entire digit. 

(o) Amputated arm or leg: Compensation 
for an arm or leg, if amputated at or above the 
elbow or the knee, shall be the same as for the 
loss of the arm or leg, but, if amputated between 
the elbow and the wrist, or the knee and the 
ankle, shall be the same as for loss of hand or 
foot. 

(p) Per cent of vision: Compensation for 
loss of eighty per cent or more of the vision of 
an eye shall be the same as for the loss of the 
eye. 

(q) Two or more digits: Compensation for 
loss of two or more digits or one or more pha- 
langes of two or more digits, of a hand or foot 
may be proportioned to the loss of use of the 
hand or foot occasioned thereby, but shall not 
exceed the compensation for loss of a hand or 
foot. 

(r) Total loss of use: Compensation for 
permanent total loss of use of a member shall 
be the same as for loss of the member. 

(s) Partial loss or partial loss of use: 
Compensation for permanent partial loss or loss 
of use of a member may be for proportionate 
loss or loss of use of the member. 

(t) Disfigurement: The commission shall 
award proper and equitable compensation for 
serious facial or head disfigurement, not to ex- 
ceed two thousand dollars; provided, that in 
such award the commission shall consider only 
the effect such disfigurement shall have on the 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



future earning capacity of the injured employee. 
(u) Other cases: In all other cases in this 
class of disability the compensation shall be 
sixty per cent of the injured employee's average 
weekly wage for such number of weeks as the 
injured employee's percentage of disability is 
of three hundred fifty weeks. 

(4) TEMPORARY PARTIAL DISABILI- 
TY. — In case of temporary partial disability re- 
sulting in decrease of earning capacity the com- 
pensation shall be sixty per cent of the differ- 
ence between the injured employee's average 
weekly wages before the injury and his wage- 
earning capacity after the injury in the same or 
other employment, to be paid during the con- 
tinuance of such disability, but shall not be 
paid for a period exceeding five years. 

(5) SUBSEQUENT INJURY.— 

(a) If any employee receives any injury 
for which compensation is payable while he is 
still receiving or entitled to receive compen- 
sation for a previous injury in the employ of 
the same employer, he shall not at the same 
time be entitled to compensation for both in- 
juries, unless the latter injury be a permanent 
injury such as specified in this section; but 
he shall be entitled to compensation for that 
injury and from the time of that injury which 
will cover the longest period and the largest 
amount payable under this chapter. 

(b) If any employee receives a permanent 
injury as specified in this section, after having 
previously sustained another permanent injury 
in the employ of the same employer, he shall 
be entitled to compensation for both injuries, 
but the total compensation shall be paid by 
extending the period and not by increasing the 
amount of weekly compensation. When the pre- 
vious and subsequent injuries received in the 
same employment result in permanent total 
disability, compensation shall be payable for 
permanent total disability. 

(c) The fact that an employee has suffered 
previous disability or received compensation 
therefor shall not preclude him from benefits 
for a later injury nor preclude benefits for 
death resulting therefrom; but in determining 
compensation for the later injury or death his 
average weekly wages shall be such sum as 
will represent his earning capacity at the time 
of the later injury, provided, however, that an 
employee who is suffering from a previous 
disability shall not receive compensation for a 
later injury in excess of the compensation al- 
lowed for such injury when considered by 
itself and not in conjuncton with the previous 
disability. 

(6) HERNIA. — In all claims for compensa- 
tion for hernia resulting from injury by an ac- 
cident arising out of and in the course of his 
employment it must be definitely proved to the 
satisfaction of the commission: 

(a) That there was an injury resulting in 
hernia. 

(b) That the hernia appeared suddenly. 

(c) That it was accompanied by pain. 

(d) That the hernia immediately followed 
an accident. 



(e) That the hernia did not exist prior to 
the accident for which compensation is claimed. 

(f) All hernia, inguinal, femoral, or other- 
wise, so proved to be the result of an injury by 
accident arising out of and in the course of the 
employment, shall be treated at the expense of 
the employer in a surgical manner by radical 
operation. Compensation shall be paid for a 
period of six weeks from the date of the opera- 
tion. In case the injured employee refuses to 
undergo the radical operation for the cure of 
said hernia, no compensation will be allowed 
during the time of refusal. This shall not apply 
to those who by religious belief do not use medi- 
cal or surgical treatment. If, however, it is 
shown that the employee had some chronic 
disease, or is otherwise in such physical condi- 
tion that the commission considers it unsafe 
for the employee to undergo said operation, 
the compensation shall be paid as otherwise 
provided in subsection (4) of §440.15, but not 
for exceeding thirty weeks. Compensation shall 
be allowed for temporary total disability as pro- 
vided by subsection (2) of this section for such 
disability before the operation. 

(7) EMPLOYEE REFUSES EMPLOY- 
MENT. — If an injured employee refuses em- 
ployment suitable to his capacity, offered to or 
procured for him, he shall not be entitled to any 
compensation at any time during the continu- 
ance of such refusal unless at any time in the 
opinion of the commission such refusal is justi- 
fiable. 

(8) EMPLOYEE LEAVES EMPLOYMENT. 
— If an injured employee, when receiving com- 
pensation for temporary partial disability, 
leaves the employment of the employer by whom 
he was employed at the time of the accident for 
which such compensation is being paid, he shall, 
upon securing employment elsewhere, give to 
such former employer an affidavit in writing 
containing the name of his new employer, the 
place of employment and the amount of wages 
being received at such new employment and 
until he gives such affidavit the compensation 
for temporary partial disability will cease. The 
employer by whom such employee was employed 
at the time of the accident for which such com- 
pensation is being paid may also at any time 
demand of such employee additional affidavit in 
writing containing the name of his employer, 
the place of his employment and the amount of 
wages he is receiving, and if the employee, upon 
such demand, fails or refuses to make and fur- 
nish such affidavit, his right to compensation 
for temporary partial disability shall cease un- 
til such affidavit is made and furnished. 

(9) EMPLOYEE BECOMES INMATE OF 
INSTITUTION. — In case an employee who is 
permanently and totally disabled becomes an 
inmate of a public institution, then no compen- 
sation shall be payable unless he has dependent 
upon him for support a person or persons de- 
fined as dependents elsewhere in this chapter, 
whose dependency shall be determined as if the 
employee were deceased and to whom compen- 
sation would be paid in case of death and such 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



compensation as is due said employee shall be 
paid such dependents during the time he re- 
mains such inmate. 

History.— §15, eh. 17481, 1935; CGL 1936 Supp. 8966(15); $4, 
ch. 206T2, 1941; am. §2, ch. 22814, 1945; am. {1, eh. 23921, 
1947; Jll. ch. 25035, 1949; sub. 5(1) am. |1, ch. 26877, 
•ub. 5(9) am. 510, ch. 26484, 1951; sub. 5(1) am. |1, eh. 29803 
and sub. §(5) am. S3, ch. 29778, 1955; (1) (d) N. by 51. ch. 
59-103; (5) (d) by §1, ch. 59-102; (15) (d) 1.-3., 5.-8. a. by 
§2, ch. 61-119; (15) (d) 8. 51, ch. 61-188; (5) §1, ch. 63-235. 

440.151 Occupational diseases. — 

(1) (a) Where the employer and employee 
are subject to the provisions of the workmen's 
compensation law, the disablement or death of 
an employee resulting from an occupational 
disease as hereinafter defined shall be treated 
as the happening of an injury by accident, not- 
withstanding any other provisions of this chap- 
ter, and the employee or, in case of death, his 
dependents shall be entitled to compensation as 
provided by this chapter, except as hereinafter 
otherwise provided; and the practice and pro- 
cedure prescribed by this chapter shall apply to 
all proceedings under this section, except as 
hereinafter otherwise provided. Provided, how- 
ever, that in no case shall an employer be liable 
for compensation under the provisions of this 
section unless such disease has resulted from 
the nature of the employment in which the em- 
ployee was engaged under such employer and 
was actually contracted while so engaged, mean- 
ing by "nature of the employment" that to the 
occupation in which the employee was so en- 
gaged there is attached a particular hazard of 
such disease that distinguishes it from the 
usual run of occupations and is in excess of the 
hazard of such disease in such employment, or, 
in case of death, unless death follows continu- 
ous disability from such disease, commencing 
within the period above limited, for which com- 
pensation has been paid or awarded or timely 
claim made as provided in this section, and 
results within three hundred fifty weeks after 
such last exposure. 

(b) No compensation shall be payable for 
an occupational disease if the employee, at the 
time of entering into the employment of the 
employer by whom the compensation would 
otherwise be payable, falsely represents himself 
in writing as not having previously been dis- 
abled, laid off or compensated in damages or 
otherwise, because of such disease. 

(c) Where an occupational disease is ag- 
gravated by any other disease or infirmity, not 
itself compensable, or where disability or death 
from any other cause, not itself compensable, is 
aggravated, prolonged, accelerated or in any- 
wise contributed to by an occupational disease, 
the compensation payable shall be reduced and 
limited to such proportion only of the compen- 
sation that would be payable if the occupational 
disease were the sole cause of the disability or 
death as such occupational disease, as a causa- 
tive factor, bears to all the causes of such dis- 
ability or death, such reduction in compensa- 
tion to be effected by reducing the number of 
weekly or monthly payments or the amounts of 
such payments, as under the circumstances of 



the particular case may be for the best interest 
of the claimant or claimants. 

(d) No compensation for death from an 
occupational disease shall be payable to any 
person whose relationship to the deceased, 
which under the provisions of this workmen's 
compensation law would give right to compen- 
sation, arose subsequent to the beginning of the 
first compensable disability save only to after- 
born children of a marriage existing at the be- 
ginning of such disability. 

(e) The presumptions in favor of claim- 
ants established by §440.26 of this workmen's 
compensation law shall not apply to a claim for 
compensation for an occupational disease under 
this section. 

(f) No compensation shall be payable for 
disability or death resulting from tuberculosis 
arising out of and in the course of employment 
by the state tuberculosis board at a state 
tuberculosis hospital, or aggravated by such 
employment, when the employee had suffered 
from said disease at any time prior to the 
commencement of such employment. 

(2) Whenever used in this section the term 
"occupational disease" shall be construed to 
mean only a disease which is due to causes and 
conditions which are characteristic of and pe- 
culiar to a particular trade, occupation, process 
or employment, and to exclude all ordinary dis- 
eases of life to which the general public is 
exposed. 

(3) Except as hereinafter otherwise pro- 
vided in this section, "disablement" means the 
event of an employee's becoming actually in- 
capacitated, partially or totally, because of an 
occupational disease, from performing his work 
in the last occupation in which injuriously ex- 
posed to the hazards of such disease ; and "dis- 
ability" means the state of being so incapaci- 
tated. 

(4) This section shall not apply to cases of 
occupational disease in which the last injurious 
exposure to the hazards of such disease oc- 
curred before this section shall have taken 
effect. 

(5) Where compensation is payable for an 
occupational disease, the employer in whose 
employment the employee was last injuriously 
exposed to the hazards of such disease, and the 
insurance carrier, if any, on the risk when such 
employee was last so exposed under such em- 
ployer, shall alone be liable therefor, without 
right to contribution from any prior employer 
or insurance carrier; and the notice of injury 
and claim for compensation, as hereinafter re- 
quired, shall be given and made to such em- 
ployer; provided, however, that in case of dis- 
ability from any dust disease the only employer 
and insurance carrier liable shall be the last 
employer in whose employment the employee 
was last injuriously exposed to the hazards of 
the disease for a period of at least sixty days. 

(6) (a) Disability from silicosis, asbestosis 
or any dust disease shall be caused only from 
the characteristic fibrotic condition of the lungs 
caused from the inhalation of dust and shall be 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



allowed only when the employee is incapaci- 
tated from performing any remunerative em- 
ployment. 

(b) In the absence of conclusive evidence 
in favor of the claim, disability or death from 
silicosis or asbestosis shall be presumed not to 
be due to the nature of any occupation within 
the provisions of this section, unless during the 
ten years immediately preceding the date of 
disablement the employee has been exposed to 
the inhalation of silica dust or asbestos dust 
over a period of not less than five years, two 
years of which shall have been in this state, 
under a contract of employment existing in this 
state; provided, however, that if the employee 
shall have been employed by the same employer 
during the whole of such five-year period, his 
right to compensation against such employer 
shall not be affected by the fact that he had 
been employed during any part of such period 
outside of this state. 

(c) Except as in this section otherwise pro- 
vided, compensation for disability from uncom- 
plicated silicosis or asbestosis shall be payable 
in accordance with the provisions of this work- 
men's compensation law; provided, however, 
that no compensation shall be payable for par- 
tial disability from silicosis or asbestosis; and 
provided, further, that during a transitory pe- 
riod, the aggregate compensation payable to 
employees and their dependents for disability 
and death from uncomplicated silicosis or 
asbestosis shall be limited as follows: If dis- 
ablement occurs or, in case of no claim for prior 
disablement, if death occurs in the calendar 
month in which this section becomes effective, 
the total compensation and death benefits pay- 
able shall not exceed the sum of five hundred 
dollars. If disablement occurs or, in case of no 
claim for prior disablement, if death occurs 
during the next calendar month, the total com- 
pensation and death benefits payable shall not 
exceed five hundred and fifty dollars. There- 
after the total amount of the compensation and 
death benefits payable for disability and death 
shall increase at the rate of fifty dollars per 
month, the aggregate payable in each case to be 
limited according to the foregoing formula for 
the month in which disability occurs, or, in case 
of no claim for prior disablement, in which 
death occurs. Such progressive increase in the 
limits to the aggregate compensation and bene- 
fits for disability and death shall continue until 
the limit upon such benefits fixed in this work- 
men's compensation law is reached. 

(7) The time for notice of injury or death 
provided in §440.18 (1) shall be extended in 
case of occupational diseases to a period of 
ninety days. 

nistory {1, cb. 22852, 1945; am. (1, eh. 33921, 1947; am. 

|11, cb. 25035, 1949; sub. f(l) (f) comp. {3, eb. 28241, 1953. 

440.152 Commission to make study of occu- 
pational diseases, etc. — 

(1) The workmen's compensation division 
of the Florida industrial commission shall make 
a study of occupational diseases and the ways 
and means for their control and prevention; 



shall make and enforce necessary regulations 
for such control. For this purpose the division 
is authorized to cooperate with employers, em- 
ployees and carriers and with the state board of 
health. 

(2) The result of the above study, together 
with its recommendations, shall be reported by 
the division to the governor and the legislature. 

History.— §2, eh. 22852, 1945; am. {1. ch. 23921, 1947. 

440.16 Compensation for death. — If death 
results from the accident within one year there- 
after or follows continuous disability and re- 
sults from the accident within five years there- 
after, the employer shall pay: 

(1) Actual funeral expenses not to exceed 
five hundred dollars. 

(2) Compensation, in addition to the above, 
in the following percentages of the average 
weekly wages to the following persons entitled 
thereto on account of dependency upon the 
deceased and in the following order of pref- 
erence (subject to the limitation provided in 
paragraph (c) of §440.16(2) below), but such 
compensation shall be subject to the limits pro- 
vided in subsection (2) of §440.12 and shall not 
exceed a period of three hundred fifty weeks; 
and may be less than, but shall not exceed, for 
all dependents or persons entitled to compensa- 
tion, sixty per cent of the average wages. 

(a) To the widow if there is no child, 
thirty-five per cent of the average weekly wage, 
said compensation to cease upon her death or 
remarriage. 

(b) To the widower if there is no child, 
thirty-five per cent during the continuance of 
dependency, said compensation to cease upon 
death, remarriage or the termination of de- 
pendency. 

(c) To the widow or widower if there is a 
child or children, the compensation payable 
under subsection (a) or (b) hereof, and, in 
addition, fifteen per cent on account of each 
child; and in case of the death or remarriage 
of such a widow or widower or the termina- 
tion of dependency of the widower, twenty-five 
per cent for each child: Provided, however, 
where the deceased is survived by a widow or 
widower and also a child or children, whether 
such child or children be the product of the 
union existing at the time of death or of a for- 
mer marriage or marriages, the commission may 
provide for the payment of compensation in 
such manner as to it may appear just and prop- 
er and for the best interests of the respective 
parties and in so doing may provide for the 
entire compensation to be paid exclusively to 
the child or children. 

(d) To the child or children, if there is 
no widow or widower, twenty-five per cent for 
each child. 

(e) To the parents, twenty-five per cent to 
each, such compensation to be paid during the 
continuance of dependency. 

(f) To the brothers, sisters and grandchil- 
dren, fifteen per cent for each brother, sister 
or grandchild. 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



(3) For the purpose of this chapter the 
dependence of a widow or widower of a de- 
ceased employee shall terminate with remar- 
riage. The dependence of a child, except a 
child physically or mentally incapacitated 
from earning a livelihood, shall terminate with 
the attainment of eighteen years of age, or 
upon marriage. 

(4) Where, because of the limitation in 
subsection (2), a person or class of persona 
cannot receive the percentage of compensa- 
tion specified as payable to or on account of 
such person or class, there shall be available 
to such person or class that proportion of such 
percentage as, when added to the total per- 
centage payable to all persons having priority 
of preference, will not exceed a total of said 
sixty per cent, which proportion shall be paid 
(a) to such person, or (b) to such class share 
and share alike unless the commission de- 
termines otherwise in accordance with the pro- 
visions of subsection (5). 

(5) If the commission determines that pay- 
ments in accordance with clause (b) of sub- 
section (4) would provide no substantial bene- 
fit to any person of such class, it may pro- 
vide for the payment of such compensation to 
the person or persons within such class whom 
it considers will be most benefited by such 
payment. 

(6) Upon the cessation of compensation 
under this section to any person, the compen- 
sation of the remaining persons entitled to 
compensation, for the unexpired part of the 
period during which their compensation is 
payable, shall be that which such persons 
would have received if they had been the only 
persons entitled to compensation at the time 
of the decedent's death. 

(7) Relationship to the deceased giving 
right to compensation under the provisions of 
this section must have existed at the time of 
the accident, save only in the case of after- 
born children of the deceased. 

(8) Compensation under this chapter to 
aliens not residents (or about to become non- 
residents) of the United States or Canada shall 
be the same in amount as provided for resi- 
dents, except that dependents in any foreign 
country shall be limited to surviving wife and 
child or children, or if there be no surviving 
wife or child or children, to surviving father 
or mother whom the employee has supported, 
either wholly or in part, for the period of 
one year prior to the date of the injury, and 
except that the commission may, at its op- 
tion, or upon the application of the insurance 
carrier, commute all future installments of 
compensation to be paid to such aliens by 
paying or causing to be paid to them one-half 
of the commuted amount of such future in- 
stallments of compensation as determined by 
the commission, and provided further that com- 
pensation to dependents referred to in this 



paragraph shall in no case exceed one thou- 
sand dollars. 

History.— 516, ch. 17481, 1935; |7, eh. 18413, 1937; COL 
1936 supp. 5966(16); {5, ch. 20673, 1941; tub. §(2) am. (1, ch. 
26966, 1951; sub. §§(1), (2)(c), (7) am. §§4-6, ch. 28241, 1953. 

Am. (1) by §1, ch. 67-143. 

440.17 Guardian for minor or incompetent. 

— The commission may require the appointment 
by a court of competent jurisdiction, for any 
person who is mentally incompetent or a 
minor, of a guardian or other representative 
to receive compensation payable to such person 
under this chapter and to exercise the powers 
granted to or to perform the duties required 
of such person under this chapter; provided, 
however, the commission in its discretion may 
designate in the compensation award a per- 
son to whom payment of compensation may be 
paid for a minor or incompetent, in which event 
payment to such designated person shall dis- 
charge all liability for such compensation. 

History.— §17, ch. 17481, 1935; CGL 1936 Supp. 5966(17); $8, 
ch. 18413, 1937. 

440.18 Notice of injury or death. — 

(1) Notice of an injury or death in respect 
to which compensation is payable under this 
chapter shall be given within thirty days after 
the date of such injury or death (a) to the com- 
mission, (b) to the employer; provided, how- 
ever, that in the event of any injury which 
results in the death of the injured employee 
within twenty-four hours of the time of such 
injury immediate notice shall be given to the 
commission by telegraph or telephone. Such 
immediate notice shall be in addition to any 
other notice provided for in this section; and, 
provided further, that such special notice shall 
not be required where the death results sub- 
sequent to the submission to the commission 
of a previous notice of such injury which did 
not result in immediate death. 

(2) Such notice shall be in writing, shall 
contain the name and address of the employee 
and a statement of the time, place, nature, 
and cause of the injury or death, and shall 
be signed by the employee or by some person 
on his behalf or in case of death, by any 
person claiming to be entitled to compensa- 
tion for such death or by a person on his 
behalf. 

(3) Notice shall be given to the commission 
by delivering same to it or sending same by 
mail addressed to its office, and to the employ- 
er, by delivering same to him or by sending 
same by mail addressed to him at his last known 
place of business. If the employer is a part- 
nership, such notice may be given to any 
partner, or if a corporation, such notice may 
be given to any agent or officer thereof upon 
whom legal process may be served or who is 
in charge of the business in the place where 
the injury occurred. 

(4) Failure to give such notice shall not 
bar any claim under this chapter (a) if the 
employer (or his agent in charge of the busi- 
ness in the place where the injury occurred) 
or the carrier had knowledge of the injury or 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



death and the commission determines that the 
employer or carrier has not been prejudiced 
by failure to give such notice, or (b) if the 
commission excuses such failure on the ground 
that for some satisfactory reason such notice 
could not be given; nor unless objection to 
such failure is raised before the commission 
at the first hearing of a claim for compensa- 
tion in respect of such injury or death. Pro- 
vided, in case the delay in giving notice is so 
excused, no compensation shall be payable for 
aggravation of the injury caused by want of 
"first aid" or proper medical treatment during 
such delay, and every presumption shall be 
against the validity of the claim. 

History.— §18, ch. 17481, 1936; COL 1936 Supp. 5866(18). 
Am. (1) by §1, ch. 57-245. 

440.19 Time and procedure for filing 
claims. — 

(1) (a) The right to compensation for dis- 
ability under this chapter shall be barred un- 
less a claim therefor is filed within two years 
after the time of injury, except that if pay- 
ment of compensation has been made or 
remedial treatment has been furnished by the 
employer without an award on account of such 
injury a claim may be filed within two years 
after the date of the last payment of compensa- 
tion or after the date of the last remedial 
treatment furnished by the employer. 

(b) The right to compensation for death 
under this chapter shall be barred unless a 
claim therefor is filed within two years after 
the death, except that if payment of compen- 
sation has been made without an award on 
account of such death a claim may be filed 
within two years after the date of the last 
payment. 

(c) Such claim shall be filed with the com- 
mission and shall contain the name and address 
of the employee, the name and address of the 
employer, and a statement of the time, place, 
nature and cause of the injury or such fairly 
equivalent information as will put the com- 
mission and the employer on notice with respect 
to the identity of the parties and the nature 
of the claim. 

(2) Notwithstanding the provisions of sub- 
section (1) failure to file claim within the pe- 
riod prescribed in such subdivision shall not be 
a bar to such right unless objection to such 
failure is made at the first hearing of such 
claim in which all parties in interest are given 
reasonable notice and opportunity to be heard. 

(3) If a person who is entitled to compensa- 
tion under this chapter is mentally incompetent 
or a minor, the provisions of subsection (1) 
shall not be applicable so long as such person 
has no guardian or other authorized representa- 
tive, but shall be applicable in the case of a per- 
son who is mentally incompetent or a minor 
from the date of appointment of such guardian 
or other representative, or in the case of a mi- 
nor, if no guardian is appointed before he be- 
comes of age, from the date he becomes of age. 

(4) Where recovery is denied to any person, 
in a suit brought at law or in admiralty to re- 



cover damages in respect of injury or death, on 
the ground that such person was an employee 
and that the defendant was an employer within 
the meaning of this chapter and that such em- 
ployer had secured compensation to such em- 
ployee under this chapter, the limitation of 
time prescribed in subsection (1) shall begin to 
run only from the date of termination of such 
suit, but in such an event the employer shall be 
allowed a credit of his actual cost of defending 
said suit in a sum not exceeding two hundred 
and fifty dollars, which shall be deducted from 
any compensation allowed or awarded to said 
employee under this chapter. 

History.— §19, ch. 17481, 1935; COL, 1936 Supp. 5966(19); 
fl, ch. 23908, 1947; sub {(1) am. {10, ch. 26484, 1951; sub {(1) 
am. §4, ch. 29778, 1955; (1) (a) by §1, ch. 57-192. 

440.20 Payment of compensation. — 

(1) Compensation under this chapter shall 
be paid periodically, promptly in the usual 
manner and directly to the person entitled 
thereto, without an award, except where liabil- 
ity to pay compensation is controverted by the 
employer. 

(2) The first installment of compensation 
shall become due on the fourteenth day after 
the employer has knowledge of the injury or 
death, on which date all compensation then due 
shall be paid. Thereafter, compensation shall 
be paid in installments semimonthly except 
where the commission determines that payment 
in installments should be made monthly or at 
some other period. 

(3) Upon making the first payment, and up- 
on suspension of payment for any cause, the 
employer shall immediately notify the commis- 
sion, in accordance with a form prescribed by 
the commission, that payment of compensation 
has begun or has been suspended, as the case 
may be. 

(4) If the employer controverts the right to 
compensation he shall file with the commission 
on or before the twenty-first day after he has 
knowledge of the alleged injury or death, a no- 
tice in accordance with a form prescribed by 
the commission, stating that the right to com- 
pensation is controverted, the name of the 
claimant, the name of the employer, the date of 
the alleged injury or death, and the grounds 
upon which the right to compensation is con- 
troverted. 

(5) If any installment of compensation pay- 
able without an award is not paid within four- 
teen days after it becomes due, as provided in 
subsection (2) of this section, there shall be 
added to such unpaid installment an amount 
equal to ten per cent thereof, which shall be 
paid at the same time as, but in addition to, 
such compensation, such installment, unless 
notice is filed under subsection (4) of this sec- 
tion, or unless such nonpayment is excused by 
the commission after a showing by the employer 
that owing to conditions over which he had no 
control such installment could not be paid 
within the period prescribed for the payment. 

(6) If any compensation, payable under the 
terms of an award, is not paid within fourteen 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



days after it becomes due, there shall be added 
to such unpaid compensation an amount equal 
to twenty per cent thereof, which shall be paid 
at the same time as, but in addition to such 
compensation, unless review of the compensa- 
tion order making such award is had as pro- 
vided in §440.27. 

(7) Within thirty days after final payment 
of compensation has been made, the employer 
shall send to the commission a notice, in accord- 
ance with a form prescribed by the commission 
stating that such final payment has been made, 
the total amount of compensation paid, the 
name of the employee and of any other person 
to whom compensation has been paid, the date 
of the injury or death, and the date to which 
compensation has been paid. 

If the employer fails to so notify the commis- 
sion within such time the commission may 
assess against such employer a civil penalty in 
an amount not over one hundred dollars. 

(8) The commission (a) may upon its own 
initiative at any time in a case in which pay- 
ments are being made without an award, and 
(b) shall in any case where right to compensa- 
tion is controverted, or where payments of com- 
pensation have been stopped or suspended, up- 
on receipt of notice from any person entitled to 
compensation, or from the employer, that the 
right to compensation is controverted, or that 
payments of compensation have been stopped or 
suspended, make such investigations, cause 
such medical examination to be made, or hold 
such hearings, and take such further action as 
it considers will properly protect the rights of 
all parties. 

(9) Whenever the commission deems it ad- 
visable it may require any employer to make a 
deposit with the state treasurer to secure the 
prompt and convenient payments of such com- 
pensation, and payments therefrom upon any 
awards shall be made upon order of the com- 
mission. 

(10) Upon the application of any party in 
interest and after giving due consideration to 
the interests of all interested parties, if he 
finds that it is for the best interests of the 
person entitled to compensation a deputy com- 
missioner may enter a compensation order re- 
quiring that the liability of the employer for 
compensation shall be discharged by the pay- 
ment of a lump sum equal to the present value 
of all future payments of compensation, com- 
puted at four per cent true discount com- 
pounded annually, or requiring that the em- 
ployer make advance payment of a part of the 
compensation for which he is liable by the 
payment of a lump sum equal to the present 
value of such part of the compensation com- 
puted at four per cent true discount com- 
pounded annually. Upon joint petition of all in- 
terested parties and after giving due considera- 
tion to the interests of all interested parties, 
if he finds that it is for the best interests of 
the person entitled to compensation a deputy 
commissioner may enter a compensation order 
approving and authorizing the discharge of the 



liability of the employer for both compensation 
and remedial treatment, care and attendance 
by the payment of a lump sum equal to the 
present value of all future payments for both 
compensation and remedial treatment, care and 
attendance; and a compensation order so en- 
tered upon joint petition of all interested 
parties shall not be subject to modification or 
review under §440.28. The probability of 
the death of the injured employee or other 
person entitled to compensation before the ex- 
piration of the period during which he is en- 
titled to compensation shall in the absence of 
special circumstances making such course im- 
proper be determined in accordance with a 
standard experience table of mortality ap- 
proved by the commission. The probability of 
the happening of any other contingency af- 
fecting the amount of duration of the com- 
pensation except the possibility of the re- 
marriage of a widow shall be disregarded. As 
a condition of approving a lump sum payment 
to a widow the deputy commissioner in his dis- 
cretion may require security which will insure 
that in the event of the remarriage of such 
widow any unaccrued future payments so paid 
may be recovered or recouped by the employer 
or carrier. Such applications shall be con- 
sidered and determined in accordance with 
§§440.25 and 440.27 and the rules of procedure 
prescribed by the commission. 

(11) If the employer has made advance pay- 
ments of compensation, he shall be entitled to 
be reimbursed out of any unpaid installment or 
installments of compensation due. 

(12) An injured employee, or in case of 
death his dependents or personal representa- 
tive, shall give receipts of payment of compen- 
sation to the employer paying the same and 
such employer shall produce the same for in- 
spection by the commission whenever required. 

Historv.— §20, ch. 17481, 1935; CGL 1936 Supp. 5966(20); 
§9, ch. 18413, 1937; §8, ch. 20672, 1941; am. §2, ch. 23921, 
1947; sub ((13) repealed §2, eh. 26877, 1951; sub J (10) am. |5, 
ch. 29778, 1955; (10) by $1, ch. 59-422. 

440.21 Invalid agreements; penalty. — 

(1) No agreement by an employee to pay 
any portion of premium paid by his employer 
to a carrier or to contribute to a benefit fund or 
department maintained by such employer for 
the purpose of providing compensation or medi- 
cal services and supplies as required by this 
chapter shall be valid, and any employer who 
makes a deduction for such purpose from the 
pay of any employee entitled to the benefits 
of this chapter shall be guilty of a misde- 
meanor and upon conviction thereof shall be 
punished by a fine of not more than five hun- 
dred dollars. 

(2) No agreement by an employee to waive 
his right to compensation under this chapter 
shall be valid, unless he has rejected the 
chapter as provided in §440.05. 

History.— {21, eh. 17481, 1936; CGL 1936 Supp. 5966(21), 
8136(10). 

440.22 Assignment and exemption from 
claims of creditors. — No assignment, release, 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



or commutation of compensation or benefits 
due or payable under this chapter except as 
provided by this chapter, shall be valid, and 
such compensation and benefits shall be exempt 
from all claims of creditors, and from levy, 
execution and attachments, or other remedy 
for recovery or collection of a debt, which 
exemption may not be waived. 

History.— $22, ch. 17481, 193S; COL 1836 Supp. 6966(22). 

440.23 Compensation a lien against assets. 

— Compensation shall have the same prefer- 
ence of lien against the assets of the carrier 
or employer without limit of an amount as 
is now or may hereafter be allowed by law 
to the claimant for unpaid wages or otherwise. 

History.— {23, ch. 17481, 1935; COL 1936 Supp. 5966(23). 

440.24 Enforcement of compensation orders; 
penalties. — 

(1) In case of default by the employer or 
carrier in the payment of compensation due 
under any compensation order of a deputy com- 
missioner or order of the full commission or 
other failure by the employer or carrier to 
comply with such order for a period of ten 
days after the order has become final, any cir- 
cuit court of this state within the jurisdiction 
of which the employer or carrier resides or 
transacts business shall upon application by 
the commission or any beneficiary under such 
order, have jurisdiction to issue a rule nisi 
directing such employer or carrier to show 
cause why a writ of execution, or such other 
process as may be necessary to enforce the 
terms of such order, shall not be issued, and 
unless such cause is shown, the said court shall 
have jurisdiction to issue a writ of execution 
or such other process or final order as may be 
necessary to enforce the terms of such order 
of the deputy commissioner or full commission. 

(2) In any case where the employer is in- 
sured and the carrier fails to comply with any 
compensation order of a deputy commissioner 
or order of the full commission for a period 
of ten days after such order has become final, 
the commission shall notify the state treasurer 
of such failure, and the state treasurer shall 
thereupon suspend the license of such carrier 
to do an insurance business in this state, until 
such carrier has complied with such order. 

(3) In any case where the employer is a 
self-insurer and fails to comply with any com- 
pensation order of a deputy commissioner or 
order of the full commission for a period of 
ten days after such order has become final, the 
commission may suspend or revoke any author- 
ization previously given to the employer to be- 
come a self-insurer, and the commission will be 
authorized to sell such of the securities de- 
posited by such self-insurer with the commis- 
sion as may be necessary to satisfy such order. 

History.— §24, Ch. 17481, 1936; COL 1936 Supp. 5966(24); 
{10, ch. 18413, 1937; am. {7, ch. 28241, 1953. 

440.25 Procedure in respect to claims. — 

(1) Subject to the provisions of §440.19, 
claim for compensation may be filed with the 



commission in accordance with regulations pre- 
scribed by the commission at any time after the 
first seven days of disability following any in- 
jury or at any time after the death, and the 
commission shall have full power and authority 
to hear and determine all questions in respect to 
such claims. 

(2) Within ten days after such claim is filed 
the commission, in accordance with regulations 
prescribed by it, shall notify the employer and 
any other person (other than the claimant), 
whom the commission considers an interested 
party, that a claim has been filed. Such notice 
may be served personally upon the employer or 
other person, or sent to such employer or person 
by regular mail. 

(3) (a) The commission shall make or cause 
to be made such investigations as it considers 
necessary in respect of the claim, and upon ap- 
plication of any interested party shall order a 
hearing thereof. If a hearing on such claim is 
ordered, the commission shall give the claimant 
and other interested parties at least ten days' 
notice of such hearing served personally upon 
the claimant and other interested parties by 
registered mail. 

(b) The hearing shall be held in the county 
where the injury occurred, if the same occurred 
in this state, unless otherwise agreed to be- 
tween the parties and authorized by the com- 
mission. If the injury occurred without the 
state, and is one for which compensation is pay- 
able under this chapter, then the hearing above 
referred to may be held in the county of the em- 
ployer's residence or place of business, or in 
any other county of the state which will, in the 
discretion of the commission, be the most con- 
venient for a hearing. The hearing shall be con- 
ducted by a deputy commissioner, who shall 
within twenty days after such hearing deter- 
mine the dispute in a summary manner. At such 
hearing the claimant and employer may each 
present evidence in respect of such claim and 
may be represented by any attorney authorized 
in writing for such purpose. When there is a 
conflict in the medical evidence submitted at 
the hearing the deputy commissioner may desig- 
nate a disinterested doctor to submit a report 
or to testify in the proceeding, after such doctor 
has reviewed the medical reports and evidence, 
examined the claimant, or otherwise made such 
investigation as appropriate. The report or 
testimony of any doctor so designated by the 
deputy commissioner shall be made a part of 
the record of the proceeding and shall be given 
the same consideration by the deputy commis- 
sioner as is accorded other medical evidence 
submitted in the proceeding; and all costs in- 
curred in connection with such examination 
and testimony may be assessed as costs in the 
proceeding, subject to the provisions of §440.13 
(3) (a). 

(c) The order rejecting the claim or making 
an award (referred to in this chapter as a com- 
pensation order) shall set forth a statement of 
the findings of fact and other matters pertinent 



Ch. 440 



WORKMEN'S COMPENSATION LAW 



Ch. 440 



to the questions at issue and shall be filed in 
the office of the commission at Tallahassee. A 
copy of such compensation order shall be sent 
by registered mail to the claimant and to the 
employer at the last known address of each, 
with the date of mailing noted thereon. 

(4) (a) The compensation or