Ch. 348 EXPRESSWAY AUTHORITY LAWS Ch. 348

carrying out the purposes of the authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time acquired by it.

(4) To construct, reconstruct or improve on or along the system suitable facilities for gas stations, restaurants and other facilities for the public; such facilities may be publicly of­fered for leasing for operation under rules and regulations to be established by the authority.

(5) To enter into and make lease-purchase agreements as provided in §348.60 for terms not exceeding forty years, or until all bonds secured by a pledge thereunder, and all refund­ings thereof, are fully paid as to both principal and interest, whichever is longer.

(6) To fix, alter, charge, establish and col­lect tolls, rates, fees, rentals and other charges for the services and facilities of the expressway system, which tolls, rates, fees, rentals and other charges shall always be sufficient to com­ply with any covenants made with the holders of any bonds; provided, however, that such right and power, or any part thereof may be assigned or delegated, by the authority, to the lessee under a lease-purchase agreement.

(7) To borrow money and issue negotiable bonds, and to provide for the rights of the holders thereof.

(8) To secure the payment of bonds by a pledge of all or any portion of the revenues or such other moneys legally available therefor and of all or any portion of the Hillsborough county gasoline tax funds in the manner pro­vided by this chapter; and in general to pro­vide for the security of the bonds and the rights and remedies of the holders thereof. Interest upon the amount of gasoline tax funds to be repaid to the county pursuant to §348.50 shall be payable, at the highest rate applicable to any outstanding bonds of the authority, out of revenues and other available moneys not required to meet the authority's obligations to its bondholders.

(9) To make contracts of every name and nature and to execute aU instruments necessary or convenient for the carrying on of its business.

(10) Without limitation of the foregoing, to borrow money and accept gifts or grants from, and to enter into contracts, leases or other transactions with any federal agency, the state, any agency of the state, the county, the city or with any other public body of the state or any other person and to comply with the terms and conditions thereof.

(11) To have the power of eminent domain. (12) To construct and maintain over, under,

along or across the system, telephone, tele­graph, television, electric power and other wires or cables, pipelines, water mains and other conduits and mechanical equipment, not inconsistent with the appropriate use of the system, or to contract for such construction; and upon such terms and conditions as the au­thority shall determine, to lease all or any part of such property and facilities or the right to use the same whether such facilities are con-

structed by the authority or under a contract for such construction, for a period of not more than twenty years from the date when such lease is made.

(13) To do all acts and things necessary or convenient for the conduct of its business and the general welfare of the authority, in order to carry out the powers granted to it by this chapter or any other law.

Prior to entering into any sale, lease, trans­fer or disposition of its rea l properties pursuant to subsection (3), leasing any of its facilities pursuant to subsection (4), or t aking fina l ac­tion under subsection (7), the authority shall give notice thereof by publication on at least five separate days, in a newspaper of general circulation in the county. Such notice shall state the place and time, not less than fourteen days following the first such pUblication, when objections may be filed with and heard by the authority.

Blstory.-§5, ch. 63-447.

348.55 Credit of state not to be pledged.­The authority shall have no power at any time or in any manner to pledge the credit or taxing power of the state or any political subdivision or agency thereof, nor shall any of the author­ity's bonds be deemed to be obligations of the state or of any politica l subdivision or agency thereof, except the authority, nor shall the state or any political subdivision or agency thereof, except the authority, be liable for the payment of the principal of or interest on such bonds.

Blstory.-§6, ch. 63-447.

348.56 Bonds of the authority.-(1) The authority shall have the power and

is hereby authorized from time to time to is­sue bonds in such principal amount a s, in the opinion of the authority, shall be necessary to provide sufficient moneys for achieving its cor­porate purposes, including construction, re­construction, improvement, extension, repair, maintenance and operation of the expressway system, the cost of acquisition of all real prop­erty, interest on bonds during construction and for a reasonable period thereafter, establish­ment of reserves to secure bonds, and all other expenditures of the authority incident to and necessary or convenient to carry out its corpo­rate purposes and powers.

(2) Bonds shall be authorized by resolution of the members of the authority and shall bear such date or dates, mature at such time or times, not exceeding forty years from their respective dates, bear interest at such rate or rates, not exceeding five per cent per annum, be in such denominations, be in such form, either coupon or fully registered, carry such registration, ex­changeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities of lien on the revenues, other available moneys, and the Hillsborough county gasoline tax funds as such resolution or any resolution subsequent thereto may provide. The bonds shall be exe­cuted either by manual or f acsimile signature

Ch. 348 EXPRESSWAY AUTHORITY LAWS Ch. 348

by such officers as the authority shall deter­mine, provided that such bonds shall bear at least one signature which is manually executed thereon. The coupons attached to such bonds shall bear the facsimile signature or signatures of such officer or officers as shall be designated by the authority. Such bonds shall have the seal of the authority affixed, imprinted, reproduced or lithographed thereon.

The bonds shall be sold at public sale and the net interest cost to the authority on such bonds shall not exceed five per cent per annum. If all bids received on the public sale are rejected, the authority may then proceed to negotiate for the sale of the bonds at a net interest cost which shall be less than the lowest net interest cost stated in the bids rejected at the public sale. Pending the preparation of definitive bonds, temporary bonds or interim certificates may be issued to the purchaser or purchasers of such bonds and may contain such terms and conditions as the authority may determine.

(3) Any such resolution or resolutiQns au­thorizing any bonds may contain provisions which shall be part of the contract with the holders of such bonds, as to:

(a) The pledging of all or any part of the revenues, the Hillsborough county gasoline tax funds, or other moneys lawfully available there­for.

(b) The construction, reconstruction, im­provement, extension, repair, maintenance, op- . eration, lease or lease-purchase of the express­way system, or any part or parts thereof, and the duties and obligations of the authority and others, including the state road department, with reference thereto.

(c) Limitations on the purposes to which the proceeds of the bonds, then or thereafter to be issued, or of any· loan or grant by any federal agency or the state or any political subdivision thereof may be applied.

(d) The fixing, charging, establishing, re­vising, increasing, reducing and collecting of tolls, rates, fees, rentals, or other charges for use of the services and facilities of the express­way system or any part thereof.

(e) The setting aside of reserves or of sink­ing funds and the regulation and disposition thereof.

(f) Limitations on the issuance of addi­tional bonds.

(g) The terms and provisions of any lease­purchase agreement, deed of trust or indenture securing the bonds, or under which same may be issued.

(h) Any other or additional matters, of like or different character, which in any way affect the security or protection of the bonds.

(4) The authority may enter into any deeds of trust, indentures or other agreements with any bank or trust company within or without the state, as security for such bonds, and may, under su:ch agreements, assign and pledge all or any of the revenues and other available moneys, including all or any portion of the Hillsborough county gasoline tax funds, pur­suant to the terms of this chapter. Such deed of

trust, indenture or other agreement, may con­tain such provisions as are customary in such instruments or as the authority may authorize, including, but without limitation, provisions asto:

(a) The pledging of all or any part of the revenues, the Hillsborough county gasoline tax funds, or other moneys lawfully available therefor.

(b) The application of funds and the safe­guarding of funds on hand or on deposit.

(c) The rights and remedies of the trustee and the holders of the bonds.

(d) The terms and provisions of the bonds or the resolutions authorizing the issuance of the same.

(e) Any other or additional matters, of like or different character, which in any way affect the security or protection of the bonds.

(5) Any of the bonds issued pursuant to this chapter are, and are hereby declared to be, negotiable instruments, and shall have all the qualities and incidents of negotiable instru­ments under the law merchant and the negoti­able instruments law of the state.

(6) It is the intention hereof that any pledge made by the authority shall be valid and binding from the time when the pledge is made; that the moneys so pledged and thereafter re­ceived by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or other­wise against the authority irrespective of whether such parties have notice thereof. Nei­ther the resolution nor any other instrument by which a pledge is created need be recorded.

(7) Neither the members nor any person ex­ecuting the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(8) The authority shall have power out of any funds available therefor to purchase bonds, which shall thereupon be cancelled, at a price not exceeding, if the bonds are then re­deemable, the redemption price then applicable plus accrued interest to the next date of re­demption thereof, or if the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become ,subjecrt to redemption plus accrued interest to said date.

Blstory.-§7. ch. 63-447.

348.57 Refunding bonds.-Subject to public notice as provided in §348.54, the authority is authorized to provide by resolution for the issuance from time to time of bonds for the purpose of refunding any bonds then outstand­ing. The authority is further authorized to pro­vide by resolution for the issuance of bonds for the combined purpose of:

(a) Paying the cost of constructing, recon­structing, improving, extending, repairing, maintaining and operating the expressway system.

Ch. 348 EXPRESSWAY AUTHORITY LAWS Ch. 348

(b) Refunding bonds then outstanding. The authorization, sale and issuance of such obliga­tions, the maturities and other details thereof, the rights and remedies of the holders thereof, and the rights, powers, privileges, duties and obligations of the authority with respect to the same shall be governed by the foregoing pro­visions of this chapter insofar as the same may be applicable.

In the event that the authority shall deter­mine to issue bonds for the purpose of refund­ing any .outstanding bonds prior to the matu­rity thereof, the proceeds of such refunding bonds may, pending the redemption of the bonds to be refunded,. be invested in direct obligations of the United States. It is the ex­press intention of this chapter that outstanding bonds may be refunded and retired by and upon >the issuance of bonds notwithstanding that all or a portion of such outstanding bonds will not mature or become redeemable until after the date of issuance of such refunding bonds.

History.-§8. ch. 63-447.

348.58 Remedies.-(1) The rights and the remedies herein con­

ferred upon or granted to the bondholders shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions or indenture providing for the issuance of bonds, or by any lease-purchase agreement, deed of trust, indenture or other agreement under which the bonds may be issued or ·secured. In the event that the authority shall default in the payment of the principal of or interest on any of the bonds issued pursuant to the provi­sions of this chapter after such principal of or interest on the bonds shall have become due, whether at maturity or upon call for redemp­tion, as provided in said resolution or inden­ture, or the lessee shall default in any payments under, or covenants made in, any lease-pur­chase agreement and such default shall con­tinue for a period of thirty days, or in the event that the authority or the lessee shall fail or refuse to comply with the provisions of this chapter or any agreement made with, or for the benefit of, the holders of the bonds, the holders of twenty-five per cent in aggregate principal amount of the bonds then outstanding shall be entitled as of right to the appointment of a trustee to represent such bondholders for the purposes hereof; provided, however, that such holders of twenty-five per cent in aggre­gate principal amount of the bonds then out­standing shall have first given written notice of their intention to appoint a trustee, to the authority and to such lessee.

(2) Such trustee, and any trustee under any deed of trust, indenture or other agree­ment, may, and upon written request of the holders of twenty-five per cent, or such other percentages as may be specified in any deed of trust, indenture or other agreement aforesaid, in principal amount of the bonds then out­standing, shall, in any court of competent juris­diction, in his or its own name:

(a) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders, including the right to require the authority to fix, establish, main­tain, collect and charge rates, fees, rentals, and other charges, adequate to carry out any agree­ment as to, or pledge of, the revenues, and to require the authority to carry out any other covenants and agreements with or for the bene­fit of the bondholders, and to perform its and their duties under this chapter.

(b) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders under or pursuant to any lease-purchase agreement, including the right to require the lessee to make all rental payments required to be made by it under the provisions of any such lease-purchase agree­ment, whether from the Hillsborough county gasoline tax funds or other funds so agreed to be paid and to require the lessee to carry out any other covenants and agreements with or for the benefit of the bondholders and to per­form its and their duties under this chapter.

(c) Bring suit upon the bonds. (d) By action or suit in equity require the

authority or any lessee under any lease-pur­chase agreement to account as if it were the trustee of an express trust for the bondholders.

(e) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders.

(3) Any trustee when appointed as afore­said, or acting under a deed of trust, indenture or other agreement, and whether or not all bonds have been declared due and payable, shall be entitled as of right to the appointment of a receiver, who may enter upon and take possession of the system or the facilities or any part or parts thereof, the revenues and other pledged moneys and, subject to and in compliance with the provisions of any lease­purchase agreement, operate and maintain the same, for and on behalf of and in the name of, the authority, the lessee and the bondholders, and collect and receive all revenues and other pledged moneys in the same manner as the authority or the lessee might do, and shall deposit all such revenues and moneys in a sep­arate account and apply the same in such man­ner as the court shall direct. In any suit, action or proceeding by the trustee, the fees, counsel fees, and expenses of the trustee, and said receiver, if any, and all costs and disburse­ments allowed by the court shall be a first charge on any revenues. Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the representation of the bondholders in the enforcement and protection of their rights.

(4) Nothing in this section or any other section of this chapter shall authorize any re­ceiver appointed pursuant hereto for the pur­pose, subject to and .in compliance with the provisions of any lease-purchase agreement, of operating and maintaining the system or any

Ch. a4S EXPRESSWAY AUTHORITY LAWS Ch. 348

facilities or part or parts thereof, to sell, assign, mortgage or otherwise dispose of any of the assets of whatever kind and character belonging to the authority. It is the intention of this chapter to limit the powers of such receiver, subject to and in compliance with the provisions of any lease-purchase agreement, to the operation and maintenance of the system, or any facility or part or parts thereof, as the court may direct, in the name and for and on behalf of the authority, the lessee and the bond­holders, and no holder of bonds nor any trustee, shall ever have the right in any suit, action or proceeding at law, or in equity, to compel a receiver, nor shall any receiver be authorized or any court be empowered to direct the re­ceiver, to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the authority.

Bistory.-§9, ch. 63-447.

348.59 Traffic control.-(1) In addition to the powers conferred by

the statutes of the state and the ordinances of the city, the authority is hereby authorized to promulgate such rules and regulations for the use and occupancy of the expressway system as may be necessary and proper for the public safety and convenience, for the preservation of its property and for the collection of tolls.

(2) The enforcement of the rules and regu­lations of the authority and of those provisions of the statutes and ordinances applicable to the expressway system may be by the city police department and sheriff of Hillsborough county; provided, however, that at the request of the authority, such enforcement shall also be the duty of the Florida highway patrol. Violators shall be apprehended and prosecuted in the same manner as provided for the appre­hension and prosecution of violators of such statutes and ordinances who commit violations thereof upon streets, roads and thoroughfares in the state.

History.-§lO. ch. 63-447.

348.60 Lease-purchase agreements.-In or­der to effectuate the purposes of this chapter, the authority may enter into lease-purchase agreements with the city, the county, the state or any agency thereof, including the state road department, and any federal agency relating to and covering the expressway system or any portion thereof.

Such lease-purchase agreements may provide for the leasing of the expressway system or any portion thereof by the authority as lessor to anyone or more of the aforementioned governmental entities or agencies as lessee, shall prescribe the term of such lease and the rentals to be paid thereunder, and may provide that upon the completion of the faithful per­formance thereunder and the termination of such lease-purchase agreements, title in fee simple absolute to the expressway system, as then constituted, shall be transferred in ac­cordance with law by the authority to such lessee or otherwise as provided in such agree­ments. In the event of such transfer to the

lessee, the authority shall deliver to such lessee such deeds and conveyances as shall be neces­sary or convenient to vest title in fee simple absolute in such lessee.

The lease-purchase agreements may include such other provisions, agreements and cove­nants as the authority and the lessee deem advisable or necessary, including but not lim­ited to provisions with respect to bonds, the construction, reconstruction, extension, im­provements, operation, repair, and maintenance of the expressway system, the expenses and costs of operation of the system and of the authority, the charging and collecting of tolls, rates, fees and other charges for the use of the services and facilities thereof, the application of federal, state or other grants or aid which may be made or given to assist the authority, the enforcement of payment and collection of rentals and any other terms, provisions or cove­nants necessary, incidental or convenient to the making of and full performance under such lease-purchase agreements.

In the event the state road department is a lessee under any such lease-purchase agree­ment, it is authorized to pay as rentals there­under in addition to the revenues accruing thereto from the operation of the expressway system, all or any portion of the Hillsborough county gasoline tax funds and may also pay as rentals any appropriations received by the state road department pursuant to any act of the legislature heretofore or hereafter enacted; provided, However, that nothing herein nor in such lease-purchase agreement shall be con­strued to require the legislature to make or continue such appropriations nor shall any holder of bonds ever have any right to require the legislature to make or continue such appro­priations.

In the event the county is a lessee under any such lease-purchase agreement, it shall be au­thorized to pay as rentals thereunder in addi­tion to the revenues accruing to the county from the operation of the expressway system all or any part of the twenty per cent surplus gasoline tax funds accruing to Hillsborough county.

No pledge of either the eighty per cent sur­plus gasoline tax funds or the twenty per cent surplus gasoline tax funds under any such lease-purchase agreement shall be made with­out the consent of the county evidenced by a resolution duly adopted by its board of county commissioners, nor unless the revenues pledged under any such lease-purchase agreements are estimated by the authority to aggregate during the term of such lease-purchase agreements not less than the principal amount of the bonds secured thereunder plus interest thereon. Such resolution, among other things shall provide that any excess of such pledge of the Hills­borough county gasoline tax funds which is not required for debt service or reserves for such debt service for any bonds shall be returned annually to the appropriate board or agency for distribution to the county as provided by law; and shall provide, further, that any Hills-

Ch. 348 EXPRESSWAY AUTHORITY LAWS Ch. 348

borough county gasoline tax funds actually expended for such debt service, shall be repaid with interest out of revenues and other avail­able moneys not required to meet the author­ity's obligations to its bondholders, as deter­mined by the authority.

Any lessee under such lease-purchase agree­ments shall have power to covenant therein that it will pay all or any part of the cost of the operation, maintenance, repair, renewal and replacement of the expressway system, and any part of the cost of completing such system, to the extent that the proceeds of bonds issued therefor are insufficient, from sources other than revenues and Hillsborough county gaso­line tax funds. Any such lessee may also agree to make such other payments from moneys available to the county, the city, the authority or the state road department in connection with the construction or completion of such system as shall be deemed by such lessee to be fair and proper under any such covenants hereto­fore or hereafter entered into.

Any lease-purchase agreement may provide that the system shall be a part of the state road system. The state road department is hereby authorized, upon request of the author­ity, to expend out of any funds available for the purpose, such moneys, and to use such of its engineering or other forces, as may be nec­essary and desirable in the judgment of the state road department, for the operation of the authority and for traffic surveys, borings, sur­veys, preparation of plans and specifications, estimates of costs, preliminary engineering and other studies.

Bistor:r.-§ll, ch. 63-447.

348.61 State road department may be ap­pointed agent of authority for construction.­The state road department may be appointed by the authority as its agent for the purpose of constructing, reconstructing, improving, ex­tending or repairing the expressway system. In such event, the authority shall provide the state road department with complete copies of all documents, agreements, resolutions, con­tracts and instruments relating thereto and shall request the state road department to do such construction work including the planning, surveying and actual construction involved and shall transfer to the credit of an account of the state road department in the treasury of the state the necessary funds therefor. The state road department shall thereupon be au­thorized, empowered and directed to proceed with such construction work and to use the said funds for such purpose and in the same manner that it is now authorized to use the funds otherwise authorized by law for its use in construction of roads and bridges.

Bistory.-§12, ch. 63-447.

348.62 Acquisition of lands and propcrty.­(1) For the purpose of this chapter, the

authority may acquire private or public prop­erty and property rights including rights of access, air, view and light by gift, devise, pur­chase or condemnation by eminent domain

proceedings, as ' he authority may deem neces­sary for any of the purposes of this chapter. The right of eminent domain herein conferred shall be exercised by the authority in the man­ner provided by law, in particular chapter 74.

(2) The authority may acquire such rights, title, interest or easements in such lands and property as it may deem necessary for any of the purposes of this chapter.

(3) In connec tion with the acquisition of property or property rights as herein provided, the authority may in its discretion, acquire an entire lot, block, parcel or tract of land, if by so doing the interest of the public will be best served, even though such entire lot, block, par­cel or tract is not immediately needed for the right of way proper.

His torY.-§13, ch. 63-447.

348.63 Cooperation with other units, boards, agencies and individuals.-Express authority and power is hereby given and granted any county, municipality, drainage district, road and bridge district, school district or any other political subdivision, board, authority, corpora­tion or individual in or of the state to make and enter into with the authority, contracts, leases, conveyances or other agreements within the provisions and purposes of this chapter. The authority is hereby expressly authorized to make and enter into contracts, leases, convey­ances and other agreements with any political subdivision, agency or instrumentality of the state and any and all federal agencies, corpora­tions and individuals for the purpose of carry­ing out the provisions of this chapter.

History.-§14, ch. 63- 447.

348.64 Covenants of the state.-The state does hereby pledge to and agree with the hold­ers from time to time of the bonds that the state will not limit or alter the rights hereby vested in the authority, the state road department, the county and the city to collect revenues and Hillsborough county gasoline tax funds and to fulfill the terms of any agreements made with the holders of bonds or to in any way impair the rights and remedies of such holders until such bonds and the interest due thereon have been paid. The state does further pledge to and agree with the United States and any federal agency that in the event any federal agency shall construct or contribute funds for the con­struction, reconstruction, extension or improve­ment of the system or any part thereof the state will not alter or limit the rights of the author­ity, the state road department, the county or the city in any manner which would be incon­sistent with the continued maintenance or op­eration of the system or the construction, recon­struction, extension or improvement thereof and which would be inconsistent with the due per­formance of any agreements between the au­thority and any such federal agency. The au­thority, the state road department, the county and the city shall continue to have and may ex­ercise all powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter.

History.-§15, ch. 63-447.

Ch. 348 EXPRESSWAY AUTHORITY LAWS Ch. 348

348.65 Exemption from taxation.-The ef­fectuation of the authorized purposes of the authority created under this chapter is, shall and will be in all respects for the benefit of the people of the state for the increase of their com­merce, prosperity and for the improvement of their health and living conditions. Since the authority will perform essential governmental functions in effectuating such purpose, the au­thority shall not be required to pay any taxes or assessments of any kind or nature whatsoever upon any property acquired or used by it for such purposes or upon any revenues at any time received by it. The bonds, their transfer and the income therefrom, including any profits made on the sale thereof, shall at all times be free from taxation of any kind by the state or by any political subdivision or other taxing agency or instrumentality thereof.

History.- §16, ch. 63-447.

348.66 Eligibility for investments and secu­rity.-The bonds shall be and constitute legal investments for banks, savings banks, trustees, executors, administrators and all other fiduciar­ies and for all state, municipal and other public funds and shall also be and constitute securities eligible for deposit as security for all state, mu­nicipal or other public funds notwithstanding the provisions of any other law or laws to-the contrary.

History.-§17, ch. 63-447.

348.67 Pledges enforceable for bondhold­ers.-It is the express intention of this chapter that any pledge of revenues, Hillsborough county gasoline tax funds or other funds either as rentals to the authority or for the payment of the principal of and interest on bonds, or any covenant or agreement relative thereto may be enforceable in any court of competent jurisdic­tion against the authority or directly against the state road department, the county or the city, as may be appropriate.

History.-§18, ch. 63-447.

348.68 Consultation with Hillsborough county planning and zoning commission.-In determining the route or routes, and the design and type of construction in connection with constructing the expressway system or any ex­tension thereof, consideration shall be given by the authority to the long range overall land use plans, and the economic needs of the city and county and the usage for which the properties abutting thereon is best suited. In the further­ance of this purpose, the authority shall consult with the Hillsborough county planning and zon­ing commission, hereinafter referred to as com­mission. The authority may, with the advice and consent of such commission, employ a firm of nationally recognized traffic engineers and shall also cause its traffic engineers, in conduct­ing their studies and in preparing surveys and estimates in connection with the location of the

route or routes and with such construction, to consult with such commission for the purpose of considering any traffic studies and other perti­nent information which the commission may have available. After preliminary studies and recommendations of the authority's traffic engi­neers, consulting engineers and other advisors have been made, the commission shall submit to the authority its written recommendations as to the best route or routes for the expressway sys­tem or any extensions thereof. The authority and the commission shall thereafter hold a joint public hearing on at least ten days notice which shall be published in a newspaper desig­nated by the authority and of general circula­tion in Hillsborough county at which all inter­ested persons may be heard with respect to the recommended route or routes or alternate routes of the expressway system. After such public hearing the authority shall by resolution deter­mine the route or routes of the expressway sys­tem or any extension thereof; provided, how­ever, that an affirmative vote of not less than five members of its governing body shall be re­quired to change or alter the route or routes recommended by the commission.

Blstory.-§19, ch. 63-447.

348.69 Audit required.-The authority shall have its books, records, and accounts audited annually by the state auditor, and shall main­tain a copy thereof in its office, available for public inspection.

Blstory.-§20, ch. 63-447.

348.70 Chapter complete and additional au­thority.-The powers conferred by this chapter shall be in addition and supplemental to the ex­isting respective powers of the authority, the state road department, the county and the city, if any, and this chapter shall not be construed as repealing any of the provisions of any other law, general, special or local, but shall be deemed to supersede such other law or laws in the exercise of the powers provided in this chapter insofar as such other law or laws are inconsistent with the provisions of this chapter and to provide a complete method for the exer­cise of the powers granted herein. The construc­tion, reconstruction, improvement, extension, repair, maintenance and operation of the ex­pressway system, and the issuance of bonds hereunder to finance all or part of the cost thereof, may be accomplished upon compliance with the provisions of this chapter without re­gard to or necessity for compliance with the provisions, limitations, or restrictions contained in any other general, special or local law, and no approval of any bonds issued under this chapter by the qualified electors or qualified electors who are freeholders in the l3tate or in the county or in the city or in any other politi­cal subdivision of the state shall be required for the issuance of such bonds.

HlstorY.-§21. ch. 63-447.

Ch. 348 EXPRESSWAY AUTHORITY LAWS Ch. 34~

PART III

ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY LAW

348.0100 348.0101 348.0102

348.0103 348.0104 348.0105 348.0106 348.0107

Title of law. Definitions. Orlando-Orange county expressway

authority. Purposes and powers. Bonds of the authority. Remedies of the bondholders. Lease-purchase agreement. State road department may be ap­

pointed agent of authority for con­struction.

348.0100 Title of law.-This law shall be known and may be cited as the "Orlando­Orange county expressway authority law."

Bistor:r.-U, ch. 63-573.

348.0101 Definitions.-The following terms, whenever used or referred to in this law, shall have the following meanings, except in those instances where the context clearly indicates otherwise:

(1) The term "authority" shall mean the body politic and corporate, and agency of the state created by this chapter.

(2) The term "members" shall mean the governing body of the authority and the term "member" shall mean one of the individuals constituting such governing body.

(3) The term "bonds" shall mean and in­clude the notes, bonds, refunding bonds or other evidences of indebtedness or obligations in either temporary or definitive form which the authority is authorized to issue pursuant to this chapter.

(4) The term "lease-purchase agreement" shall mean the lease-purchase agreements which the authority is authorized pursuant to this chapter to enter into with the state road department.

(5) The terms "state road department" or "department" shall mean the state road depart­ment of the state, organized and existing under and by virtue of the provisions of former chap­ter 341, or the successor thereto, chapter 29965, Laws of Florida, 1955, now chapters 334-339.

(6) The terms "Florida development com­mission" or "commission" shall mean the state agency created, organized and existing under and by virtue of the provisions of former chap­ter 420, or the successor thereto, chapter 29788, Laws of Florida, 1955, now chapter 288.

(7) The term "county" shall mean the county of Orange.

(8) The term "city" shall mean the city of Orlando.

(9) The term "state board of administra­tion" shall mean the body corporate created, organized and existing under and by virtue of the provisions of §16 Art. IX of the state con­stitution, or any successor thereto.

(10) The term "agency of the state" shall mean and include the state and any departme!lt

.of, o.r corporation, agency or instrumentality

348.0108 Acquisition of lands and property. 348.0109 Cooperation with other units, boards,

agencies and individuals. 348.0110 Covenant of the state. 348.0111 Exemption from taxation. 348.0112 Eligibility for investments and secu­

rity. 348.0113 Pledges enforceable by bondholders. 348.0114 Chapter complete and additional au­

thority.

heretofore or hereafter created, designated ur established by, the state.

(11) The term "federal agency" shall mean and include the United States, the president of the United States, and any department of, or corporation, agency or instrumentality hereto­fore or hereafter created, designated, or estab­lished by, the United States.

(12) The term "Orange county gasoline tax funds" shall mean all the eighty per cent sur­plus gasoline tax funds accruing in each year to the state road department for use in Orange county under the provisions of §16 Art. IX of the state constitution, after deduction only of any amounts of said gasoline tax funds hereto­fore pledged by the state road department or the county for outstanding obligations.

(13) The term "limited access expressway" shall mean a street or highway especially de­signed for through traffic, and over, from or to which, no person shall have the right of ease­ment, use or access except in accordance with the rules and regulations promulgated and es­tablished by the authority for the use of such facility. Such highways or streets may be park­ways, from which trucks, buses, and other com­mercial vehicles shall be excluded, or they may be freeways open to use by all customary forms of street and highway traffic.

(14) The term "expressway" shall be the same as limited access expressway.

(15) "Orlando-Orange county expressway system" shall mean any and all expressways and appurtenant facilities thereto, including, but not limited to, all approaches, roads, bridge and avenue of access for said expressway or expressways.

(16) Words importing singular number shall include the plural number in each case and vice versa, and the words importing per­sons shall include firms and corporations.

Bistor:r.-§2, ch. 63-573.

348.0102 Orlando-Orange county express­way authority.-There is hereby created and established a body politic and corporate and agency of the state, to be known as the Orlando­Orange county expressway authority herein­after referred to as "authority."

The governing body of the authority shall consist of five members. Three members shall be citizens of Orange county, who shall be ap­pointed by the governor; the fourth member

Ch. 348 EXPRESSWAY AUTHORITY LAWS Ch. 348

shall be, ex officio, the chairman of the county commissioners of Orange county, and the fifth member shall be, ex officio, the member of the state road board from the district of which Orange county shall from time to time be a part. Two of the members of the authority who are first appointed shall be designated by the governor to serve for terms expiring January 3, 1965, and the other member of the authority who is first appointed shall be designated by the governor to serve for a term expiring Janu­ary 3, 1967. Thereafter, the term of each ap­pointed member shall be for four years. Each appointed member shall hold office until his successor has been appointed and he has quali­fied. A vacancy occurring during a term shall be filled only for the balance of the unexpired term. Each appointed member of the authority shall be a person of outstanding reputation for integrity, responsibility and business ability but no person who is an officer or employee of any city or of Orange county in any other ca­pacity shall be an appointed member of the au­thority. Each such origina l appointment shall be made within thirty days of the effective date of this act. Any member of the authority shall be eligible for reappointment.

The authority shall elect one of its members as chairman of the authority. The authority shall also elect a secretary and a treasurer, who mayor may not be members of the authority. The chairman, secretary and treasurer shall hold such offices at the will of the authority. Three members of the authority shall constitute a quorum and the vote of three members shall be necessary for any action taken by the au­thority. No vacancy in the authority shall im­pair the right of a quorum of the authority to exercise all of the rights and perform all of the duties of the authority.

Upon the effective date of his appointment, or as soon thereafter as practicable, each ap­pointed member of the authority shall enter upon his duties.

The authority may employ an executive sec­retary, an executive director, its own counsel and legal staff, technical experts, such engi­neers and such employees, permanent or tempo­rary, as it may require and may determine the qualifications and fix the compensation of such persons, firms or corporations; and may employ a fiscal agent or agents, provided, however, that the authority shall solicit sealed proposals from at least three persons, firms or corporations for the performance of any services as fiscal agents. The authority may delegate to one or more of its agents or employees such of its power as it shall deem necessary to carry out the purposes of this chapter, subject always to the supervi­sion and control of the authority. Members of the authority may be removed f rom their office by the governor for misconduct, malfeasance, misfeasance, or nonfeasance in office.

Members of the authority shall be entitled to receive from the authority their traveling and other necessary expenses incurred in connec­tion with the business of the authority as pro-

vided in §112.061, but they shall draw no sala­ries or other compensation.

Hlstory.-§3, ch. 63-573.

348.0103 Purposes and powers.-(1) The authority created and established

by the provisions of this chapter is hereby granted and shall have the right to acquire, hold, construct, improve, maintain, operate, own and lease in the capacity of lessor, the Orlando-Orange county expressway system hereinafter referred to as "system."

It is the express intention of this chapter that said authority, in the construction of said Or­lando-Orange county expressway system, shall be authorized to construct any extensions, addi­tions or improvements to said system or appur­tenant facilities, including all necessary ap­proaches, roads, bridges and avenues of access, with such changes, modifications or revisions of said project as shall be deemed desirable and proper.

(2) The authority is hereby granted, and shall have and may exercise all powers neces­sary, appurtenant, convenient or incidental to the carrying out of the aforesaid purposes, in­cluding, but without being limited to, the fol­lowing rights and powers:

(a) To sue and be sued, implead and be im­pleaded, complain and defend in all courts.

(b) To adopt, use and alter at will a corpo­rate seal.

(c) To acquire, purchase, hold, lease as les­see and use any franchise, property, real, per­sonal or mixed, tangible or intangible, or any interest therein, necessary or desirable for car­rying out the purposes of the authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time ac­quired by it.

(d) To enter into and make leases for terms not exceeding forty years, as either lessee or lessor, in order to carry out the right to lease as set forth in this chapter.

(e) To enter into and make lease-purchase agreements with the state road department for terms not exceeding forty years, or until any bonds secured by a pledge of rentals there­under, and any refundings thereof, are fully paid as to both principal and interest, which­ever is longer.

(f) To fix, alter, charge, establish and col­lect rates, fees, rentals, and other charges for the services and facilities of the Orlando­Orange county expressway system, which rates, fees, rentals and other charges shall always be sufficient to comply with any covenants made with the holders of any bonds issued pursuant to this chapter; provided, however, that such right and power may be assigned or delegated, by the authority, to the state road department.

(g) To borrow money, make and issue nego­tiable notes, bonds, refunding bonds, and other evidences of indebtedness or ebligations, either in temporary or definitive form, hereinafter in this chapter sometimes called "bonds" of the authority, for the purpose of financing all or part of the improvement or extension of the

Ch. 348 EXPRESSWAY AUTHORITY LAW Ch. 348

Orlando-Orange county expressway system, and appurtenant facilities, including all ap­proaches, streets, roads, bridges and avenues of access for said Orlando-Orange county express­way system and for any other purpose author­ized by this chapter, said bonds to mature in not exceeding forty years from the date of the issuance thereof, and to secure the payment of such bonds or any part thereof by a pledge of any or all of its revenues, rates, fees, rentals or other charges, including all or any portion of the Orange county gasoline tax funds receivad by the authority pursuant to the terms of any lease-purchase agreement between the author­ity and the state road department; and in gen .. eral to provide for the security of said bonds and the rights and remedies of the holders thereof. Provided, however, that no portion of the Orange county gasoline tax funds shall be pledged for the construction of any project for which a toll is to be charged unless the antici­pated tolls are reasonably estimated by the board of county commissioners, at the date of its resolution pledging said funds, to be suffi­cient to cover the principal and interest of such obligations during the period when said pledge of funds shall be in effect.

The authority shall reimburse Orange county for any sums expended from said gasoline tax funds used for the payment of such obligations. Any gasoline tax funds so disbursed shall be repaid when the authority deems it practicable, together with interest at the highest rate appli­cable to any obligations of the authority.

In the event that the authority shall deter­mine to fund or refund any bonds theretofore issued by said authority, or by said commission as aforesaid prior to the maturity thereof, the proceeds of such funding or refunding bonds shall, pending the prior redemption of the bonds to be funded or refunded, be invested in direct obligations of the United States, and it is the express intention of this chapter that such outstanding bonds may be funded or refunded by the issuance of bonds pursuant to this chap­ter notwithstanding that part of such outstand­ing bonds will not mature or become redeem­able until six years after the date of issuance of bonds pursuant to this chapter to fund or re­fund such outstanding bonds.

(h) To make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its busi­ness.

(i) Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases or other transac­tions with any federal agency, the state, any agency of the state, the county of Orange, the city of Orlando or with any other public body of the state.

(j) To have the power of eminent domain, including the procedural powers granted under both chapters 73 and 74.

(k) To pledge, hypothecate or otherwise encumber all or any part of the revenues, rates, fees, rentals or other charges or receipts of the authority, including all or any portion of the

Orange county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the author­ity and the state road department, as security for all or any of the obligations of the author­ity.

(I) To do all acts and things necessary or convenient for the conduct of its business and the general welfare of the authority, in order to carry out the powers granted to it by this chap­ter or any other law.

(3) The authority shall have no power at any time or in any manner to pledge the credit or taxing power of the state or any political subdivision or agency thereof, including the city of Orlando and the county of Orange, nor shall any of the authority's obligations be deemed to be obligations of the state or of any political subdivision or agency thereof, nor shall the state or any political subdivision or agency thereof, except the authority, be liable for the payment of the principal of or interest on such obligations.

(4) Anything in this act to the contrary notwithstanding, acquisition of right of way for a project of the authority which is within the boundaries of any municipality in Orange county shall not be begun unless and until the route of said project within said municipality has been given prior approval by the govern­ing body of said municipality.

(5) The authority shall have no power other than by consent of Orange county or any af­fected city, to enter into any agreement which would legally prohibit the construction of any road by Orange county or by any city within Orange county.

Hlstory.-§4, ch. 63-573.

348.0104 Bonds of the authority.-(1) The bonds of the authority issued pur­

suant to the provisions of this chapter, whether on original issuance or on refunding, shall be authorized by resolution of the members thereof and may be either term or serial bonds, shall bear such date or dates, mature at such time or times, not exceeding forty years from their re­spective dates, bear interest at such rate or rates, not exceeding five per cent per annum, payable semiannually, be in such denomina­tions, be in such form, either coupon or fully registered, shall carry such registration, ex­changeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities on the revenues, rates, fees, rentals or other charges or receipts of the authority including the Orange county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the author­ity and the state road department, as such reso­lution or any resolution subsequent thereto may provide. The bonds shall be executed either by manual or facsimile signature by such officers as the authority shall determine, provided that such bonds shall bear at least one signature which is manually executed thereon, and the

Ch. 348 EXPRESSWAY AUTHORITY LAW Ch. 348

coupons attached to such bonds shall bear the facsimile signature or signatures of such officer or officers as shall be designated by the author­ity and shall have the seal of the authority af­fixed, imprinted, reproduced or lithographed thereon, all as may be prescribed in such reso­lution or resolutions.

Said bonds shall be sold at such price or prices as the authority shall determine to be in its best interest; providing, that all such sales shall be made upon the receipt of competitive bids from at least two qualified bidders and provided further that the interest cost to the authority on such bonds shall not exceed five per cent per annum. Pending the preparation of definitive bonds, interim certificates may be is­sued to the purchaser or purchasers of such bonds and may contain such terms and condi­tions as the authority may determine.

(2) Any such resolution or resolutions au­thorizing any bonds hereunder may contain provisions which shall be part of the contract with the holders of such bonds, as to:

(a) The pledging of all or any part of the revenues, rates, fees, rentals, (including all or any portion of the Orange county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement be­tween the authority and the state road depart­ment, or any part thereof) or other charges or receipts of the authority, derived by the authority, from the Orlando-Orange county ex­pressway system.

(b) The completion, improvement, opera­tion, extension, maintenance, repair, lease or lease-purchase agreement of said system, and the duties of the authority and others, includ­ing the state road department, with reference thereto.

(c) Limitations on the purposes to which the proceeds of the bonds, then or thereafter to be issued, or of any loan or grant by the United States or the state may be applied.

(d) The fixing, charging, establishing and collecting of rates, fees, rentals or other charges for use of the services and facilities of the Orlando-Orange county expressway sys­tem or any part thereof.

(e) The setting aside of reserves or sinking funds or repair and replacement funds and the regulation and disposition thereof.

(f) Limitations on the issuance of addi­tional bonds.

(g) The terms and provisions of any lease­purchase agreement, deed of trust or indenture securing the bonds, or under which the same may be issued.

(h) Any other or additional agreements with the holders of the bonds which the au­thority may deem desirable and proper.

(3) The state board of administration of Florida shall be the fiscal agent of the author­ity for any bonds issued by the authority pur­suant to this chapter, and the authority may enter into any deeds of t::'ust, indentures or other agreements with said fiscal agent, or with any bank or trust -:: ompany within or without the state, with the consent of said

board, as security for such bonds, and may, under such agreements, assign and pledge all or any of the revenues, rates, fees, rentals or other charges or receipts of the authority, in­cluding all or any portion of the Orange county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the authority and the state road department, thereunder. Such deed of trust, indenture or other agreement may con­tain such provisions as are customary in such instruments, or, as the authority may authorize, including* but without limitation, provisions as to:

(a) The completion, improvement, opera­tion, extension, maintenance, repair and lease of, or lease-purchase agreement relating to, the Orlando-Orange county expressway system, and the duties of the authority and others in­cluding the state road department, with refer­ence thereto.

(b) The application of funds and the safe­guarding of funds on hand or on deposit.

(c) The rights and remedies of the trustee and the holders of the bonds.

(d) The terms and provisions of the bonds or the resolutions authorizing the issuance of same.

Any of the bonds issued pursuant to this chapter are, and are hereby declared to be, negotiable instruments, and shall have all the qualities and incidents of negotiable instru­ments under the law merchant and the negoti­able instruments law of the state.

Histor:r.-§5, ch. 63-573. °The original act reads "1nclud-"

348.0105 Remedies of the bondholders.-(1) The rights and the remedies herein con­

ferred upon or granted to the bondholders shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolu­tions providing for the issuance of bonds, or by a lease-purchase agreement, deed of trust, indenture or other agreement under which the bonds may be issued or secured. In the event that the authority shall default in the payment of the principal of or interest on any of the bonds issued pursuant to the provisions of this chapter after such principal of or interest on said bonds shall have become due, whether at maturity or upon call for redemption. or the state road department shall default in any payments under, or covenants made in, any lease-purchase agreement between the author­ity and the state road department, and such default shall continue for a period of thirty days, or in the event that the authority or the state road department shall fail or refuse to comply with the provisions of this chapter or any agreement made with, or for the benefit of, the holders of the bonds, the holders of twenty-five per cent in aggregate principal amount of the bonds then outstanding shall be entitled as of right to the appointment of a trustee to represent such bondholders for the purposes hereof; provided, however, that such holders of twenty-five per cent in aggregate principal amount of the bonds then outstand-

Ch. 348 EXPRESSWAY AUTHORITY LAW Ch. 348

ing shall have first given notice of their inten­tion to appoint a trustee, to the authority and to the state road department. Such notice shall be deemed to have been given if given in writ­ing, and deposited in a securely sealed post­paid wrapper, mailed at a regularly maintained United States post office box or station and addressed, respectively, to the chairman of the authority and to the chairman of the state road department at the principal office of the state road department.

(2) Such trustee, and any trustee under any deed of trust, indenture or other agree­ment, may, and upon written request of the holders of twenty-five per cent, or such other percentages as may be specified in any deed of trust, indenture or other agreement afore­said, in principal amount of the bonds then outstanding, shall, in any court of competent jurisdiction, in his or its own name:

(a) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders, including the right to require the authority to fix, establish, main­tain, collect and charge rates, fees, rentals, and other charges, adequate to carry out any agreement as to, or pledge of, the revenues or receipts of the authority to carry out any other covenants and agreements with or for the benefit of the bondholders, and to perform its and their duties under this chapter.

(b) By mandamus or other suit, action or proceeding at law, or in equity, enforce all rights of the bondholders under or pursuant to any lease-purchase agreement between the authority and the state road department, in­cluding the right to require the state road department to make all rental payments re­quired to be made by it under the provisions of any such lease-purchase agreement, whether from the Orange county gasoline tax funds or other funds of the department so agreed to be paid and to require the state road department to carry out any other covenants and agree­ments with or for the benefit of the bondhold­ers, and to perform its and their duties under this chapter.

(c) Bring suit upon the bonds. Cd) By action or suit in equity require the

authority or the ,state road department to account as if it were the trustee of an express trust for the bondholders.

(e) By action or suit in equity enjoin any acts or things whic:~ may be unlawful or in violation of the rights of the bondholders.

(3) Any trustee when appointed as afore­said, or acting under a deed of trust, inden­ture or other agreement, and whether or not all bonds have been declared due and payable, shall be entitled as of right to the appoint­ment of a receiver, who may enter upon and take possession of the Orlando-Orange county expressway system or the facilities or any part or parts thereof, the rates, fees, rentals, or other revenues, charges or receipts from which are, or may be, applicable to the payment of the bonds so in default, and subject to and in compliance with the provisions of any lease­purchase agreement between the authority and

the state road department operate and main­tain the same, for and on behalf of and in the name of, the authority, the state road depart­ment and the bondholders, and collect and re­ceive all rates, fees, rentals, and other charges or receipts or revenues arising therefrom in the same manner as the authority or the state road department might do, and shall deposit all such moneys in a separate account and ap­ply the same in such manner as tl:e court shall direct. In any suit, action or proceeding by the trustee, the fees, counsel fees, and expenses of the trustee, and said receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any rates, fees, renta ls, __ other charges, revenues or re­ceipts, derived from the Orlando-O'range county expressway system, or the facilities or services or any part or parts thereof, including pay­ments under any such lease-purchase agree­ment as aforesaid which said rates, fees, rentals, or other charges, revenues or receipts shall or may be applicable to the payment of the bonds so in default. Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the representation of the bondholders in the enforcement and pro­tection of their rights.

(4) Nothing in this section or any other section of this chapter shall authorize any re­ceiver appointed pursuant hereto for the pur­pose, subject to and in compliance with the provisions of any lease-purchase agreement between the authority and the state road de­partment, of operating and maintaining the Orlando-Orange county expressway system or any facilities or part or parts thereof, to sell, assign, mortgage or otherwise dispose of any of the assets of whatever kind and character belonging to the authority. It is the intention of this chapter to limit the powers of such receiver, subject to and in compliance with the provisons of any lease-purchase agreement between the authority and the state road de­partment, to the operation and maintenance of the Orlando-Orange county expressway system, or any facility, or part or parts thereof, as the court may direct, in the name and for and on behalf of the authority, the state road de­partment and the bondholders, and no holder of bonds on the authority nor any trustee, shall ever have the right in any suit, action or proceeding at law or in equity, to cJmpel a receiver, nor shall any receiver be authorized or any court be empowered to direct the l ..! ­

ceiver to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the authority.

Hlstory.-§6, ch, 63-573.

348.0106 Lease-purchase agreement.-In or­der to 'effectuate the purposes of this chapter and as authorized by this chapter, the authprity may enter into a lease-purchas q agreement with the state road department relating to and cov­ering the Orlando-Orange county expressway system.

Ch.348 EXPRESSWAY AUTHORITY LAW Ch. 348

Such lease-purchase agreement shall provide for the leasing of the Orlando-Orange county expressway system, by the authority, as lessor, to the state road department, as lessee, shall prescribe the term of such lease and the rentals to be paid thereunder and shall provide that upon the completion of the faithful perform­ance thereunder and the termination of such lease-purchase agreement, title in fee simple absolute to the Orlando-Orange county express­way system as then constituted shall be transferred in accordance with law by the au­thority, to the state and the authority shall deliver to the -state road department such deeds and conveyances as shall be necessary or convenient to vest title in fee simple abso­lute in the state.

Such lease-purchase agreement may include such other provisions, agreements and cove­nants as the authority and the state road de­partment deem advisable or required, including but not limited to, provisions as the bonds to be issued under and for the purposes of this chapter, the completion, extension, improve­ment, operation and maintenance of the Or­lando-Orange county expressway system and the expenses and the cost of operation of said authority, the charging and collection of tolls, rates, fees, and other charges for the use of the services and facilities thereof, the .applica­tion of federal or state grants or aid which may be made or given to assist the authority in the completion, extension, improvement, operation and maintenance of the Orlando ex­pressway system, which the authority is hereby authorized to accept and apply to such pur­poses, the enforcement of payment and collec­tion of rentals and any other terms, provisions or covenants necessary, incidental or appur­tenant to the making of and full performance under such lease-purchase agreement.

The state road department as lessee under such lease-purchase agreement, is hereby au­thorized to pay as rentals thereunder any rates, fees, charges, funds, moneys, receipts or in­come accruing to the state road department from the operation of the Orlando-Orange county expressway system and the Orange county gasoline tax funds and may also pay as rentals any appropriations received by the state road department pursuant to any act of the legislature of the state heretofore or here­after enacted; provided, however, that nothing herein nor in such lease-purchase agreement is intended to nor shall this chapter or such lease­purchase agreement require the making or con­tinuance of such appropriations, nor shall any holder of bonds issued pursuant to this chapter ever have any right to compel the making or continuance of such appropriations.

No pledge of said Orange county gasoline tax funds as rentals under such lease-purchase agreement shall be made without the consent of the county of Orange evidenced by a resolu­tion duly adopted by the board of county commissioners of said county at a public hear­ing held pursuant to due notice thereof pub­lished at least once a week for three consecu-

tive weeks before the hearing in a newspaper of general circulation in Orange county. Said resolution, among other things, shall provide that any excess of said pledged gasoline tax funds which is not required for debt service or reserves for such debt service for any bonds issued by said authority shall be returned an­nually to the state road department for dis­tribution to Orange county as provided by law. Before making any application for such pledge of gasoline tax funds, the authority shall pre­sent the plan of its proposed project to the Orange county planning and zoning commis­sion for its comments and recommendations.

Said state road department shall have power to covenant in any lease-purchase agreement that it will pay all or any part of the cost of the operation, maintenance, repair, renewal and replacement of said system, and any part of the cost of completing said system to the extent that the proceeds of bonds issued therefor are insufficient, from sources other than the reve­nues derived from the operation of said ~ ,, ~ t"m and said Orange county gasoline tax funds. Said state road department may also agree La

make such other payments from any moneys available to said commission, said county or said city in connection with the construction or completion of said system as shall be deemed by said state road department to be fair and proper under any such covenants heretofore or hereafter entered into.

Said system shall be a part of the state road system and said state road department is hereby authorized, upon the request of the authority, to expend out of any funds available for the purpose such moneys, and to use such of its engineering and other forces, as may be necessary and desirable in the judgment of said state road department, for the operation of said authority and for traffic surveys, borings, surveys, preparation of plans and specifica­tions, estimates of cost and other preliminary engineering and other studies; provided, how­ever, that the aggregate amount of moneys expended for said purposes by said state road department shall not exceed the sum of three hundred seventy-five thousand dollars.

History.-§7, ch. 63-573.

348.0107 State road department may be ap­pointed agent of authority for construction.­The state road department may be appointed by said authority as its agent for the purpose of constructing improvements and extensions to the Orlando-Orange county expressway sys­tem and for the completion thereof. In such event, the authority shall provide the state road department with complete copies of all documents, agreements, resolutions, contracts and instruments relating thereto and shall re­quest the state road department to do such construction work including the planning, sur­veying and actual construction of the comple­tion, extensions, and improvements to the Orlando-Orange county expressway system and shall transfer to the credit of an account of the state road department in the treasury of the

Ch. 348 EXPRESSWAY AUTHORITY LAW Ch. 348

state the necessary funds therefor and the state road department shall thereupon be au­thorized, empowered and directed to proceed with such construction and to use the said funds for such purpose in the same manner that it is now authorized to use the funds other­wise provided by law for its use in construc­tion of roads and bridges.

mstory.-§8. ch. 63-5'13.

348.0108 Acquisition of lands and prop­erty.-

(1) For the purposes of this law the Or­lando-Orange county expressway authority may acquire private or public property and prop­erty rights, including rights of access, air, view, and light by gift, devise, purchase, or condemnation by eminent domain proceedings, as the authority may deem necessary for any of the purposes of this chapter. The right of eminent domain herein conferred shall be exer­cised by the authority in the manner provided by law.

(2) All property rights acquired under the provisions of this law shall be in fee simple.

(3) In connection with the acquisition of property or property rights as herein provided, the authority may in its discretion acquire an entire lot, block, or tract of land, if by so doing the interests of the public will be best served, even though said entire lot, block or tract is not immediately needed for the right of way proper.

Blstory.-§9, ch. 63-573.

348.0109 Cooperation with other units, boards, agencies and individuals.-Express au­thority and power is hereby given and granted any county, municipality, drainage district, road and bridge dis,trict, school district or any other political subdivision, board, commission or individual in, or of, the state to make and enter into with the authority, contracts, leases, conveyances, or other agreements within the provisions and purposes of this chap1ter. The authority is hereby expressly authorized to make 'and enter into contracts, leases, convey­ances and other agreements with any political subdivision, agency or instrumentality of the state and any and all federal .agencies, corpo­rations and individuals, for the purpose of carrying out the provisions of this chapter.

Blstory.-§lO, ch. 63-573.

348.0110 Covenant of the state.-The state does hereby pledge to, and agrees, with any person, firm or corporation, or federal or state agency subscribing to, or acquiring the bonds to be issued by the authority for the purposes of this chapter that the state will not limit or alter the rights hereby vested in the authority and the state road department until all bonds at any time issued, together with the interest thereon, are fully paid and discharged insofar as the same affects the rights of the holders of bonds issued hereunder. The state does further pledge to, and agree, with the United States that in the event any federal agency shall con­struct or contribute any funds for the comple-

tion, extension or improvement of the Orlando­Orange county expressway system, or any part or portion thereof, the state will not alter or limit the l'ights and powers of the authority and the state road department in any manner which would be inconsistent with the contin­ued maintenance and operation of the Orlando­Orange county expressway system or the com­pletion, extension or improvement thereof, or which would be inconsistent with the due per­formance of any agreements between the au­thority and any such federal agency, and the authority and the state road department shall continue to have and may exercise all powers herein granted, so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter and the purposes of the United States in the completion, exten­sion or improvement of the Orlando-Orange county expressway system, or any part or por­tion thereof.

Blstory.-§ll, ch. 63-573.

348.0111 Exemption from taxation.-The effectuation of the authorized purposes of the authority created under this chapter is, shall and will be, in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living condi­tions, and since such authority will be per­forming essential governmental functions in effectuating such purposes, such authority shall not be required to pay any taxes or assessments of any kind or nature whatsoever upon any property acquired or used by it for such pur­poses, or upon any rates, fees, rentals, receipts, income or charges at any time received by it, and the bonds issued by the authority, their transfer and the income therefrom, including any profits made on the sale thereof shall at all times be free from taxation of any kind by the state, or by any political subdivision, or taxing agency or instrumentality thereof.

Blstory.-§12, ch. 63-573.

348.0112 Eligibility for investments and se­curity.-Any bonds or other obligations issued pursuant to this chapter shall be and constitute legal investments for banks, savings banks, trustees, executors, administrators, and all other fiduciaries, and for all state, municipal and other public funds and shall also be and constitute securities eligible for deposit as se­curity for all state, municipal or other public funds, notwithstanding the provisions of any other law or laws to the contrary.

Blstory.-§l3, ch. 63-573.

348.0113 Pledges enforceable by bondhold­ers.-It is the express intention of this chapter that any pledge by the state road department of rates, fees, revenues, Orange county gaso­line tax funds or other funds, as rentals, to the authority, or any covenants or agreements rela­tive thereto may be enforceable in any court of competent jurisdiction against the authority or directly against the state road department by any holder of bonds issued by the authority.

BlstorY.-114, ch. 63-573.

Ch.348 EXPRESSWAY AUTHORITY LAW Ch. 348

348.0114 Chapter complete and additional authority.-That the powers conferred by this chapter shall be in addition and supplemental to the existing powers of said board and the state road department, and this chapter shall not be construed as repealing any of the provisions, of any other law, general, special or local, but to supersede such other laws in the exercise of the powers provided in this chap­ter, and to provide a complete method for the exercise of the powers granted in this chapter. The extension and improvement of said Or­lando-Orange county expressway system, and the issuance of bonds hereunder to finance all or part of the cost thereof, may be accom­plished upon compliance with the provisions of this chapter without regard to or necessity for compliance with the provisions, limitations, or

restrictions contained in any other general, special or local law, and no approval of any bonds issued under this chapter by the quali­fied electors or qualified electors who are free­holders in the state or in said county of Orange, . or in said city of Orlando, or in any other political subdivision of the state, shall be re­quired for the issuance of such bonds pursuant to this chapter.

This chapter shall not be deemed to repeal, rescind or modify any other law or laws relat­ing to said state board of administration, said state road department, or said Florida devel­opment commission, but shall be deemed to and shall supersede such other law or laws as are inconsistent with the provisions of this chapter.

Hlstor:r.-§l5. ch. 63-573.

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

CHAPTER 349

JACKSONVILLE EXPRESSWAY AUTHORITY LAW

349.01 Title of law . . 349.02 Definitions. 349.03 Jacksonville expressway authority. 349.04 Purposes and powers. 349.05 Bonds of the authority. 349.06 Remedies of the bondholders. 349.07 Lease-purchase agreement. 349.08 Transfer of existing Jacksonville ex­

pressway system to authority. 349.09 State road department may be ap­

pointed agent of authority for con­struction.

349.01 Title of law.-This law shall be known and may be cited as the "Jacksonville expressway authority law."

Hlst0l'J.-Comp. U. ch. 29996. 1955.

349.02 Definitions.-The following terms whenever used or referred to in this law shall have the following meanings, except in those instances where the context clearly indicates otherwise:

(1) The term "authority" shall mean the body politic and corporate, and agency of the state created by this chapter.

(2) The term "members" shall mean the governing body of the authority and the term "member" shall mean one of the individuals constituting such governing body.

(3) The term "bonds" shall mean and in­clude the notes, bonds, refunding bonds or other evidences of indebtedness or obligations in either temporary or definitive form, which the authority is authorized to issue pursuant to this chapter.

(4) The term "lease-purchase agreement" shall mean the lease-purchase agreements which the authority is authorized pursuant to this chapter to enter into with the state road department.

(5) The terms "state road department" or "department" shall mean the state road depart­ment of the state, organized and existing under and by virtue of the provisions of former chap­ter 341, Florida Statutes, or the successor thereto, chapter 29965, acts of 1955, now chap­ters 334-339, Florida Statutes, 1955.

(6) The terms "Florida state 'improvement commission" or "commission" shall mean the state agency created, organized and existing under and by virtue of the provisions of former chapter 420, Florida Statutes, or the successor thereto, chapter 29788, acts of 1955, now chap­ter 288, Florida Statutes, 1955.

(7) The term "county" shall mean the county of Duval.

(8) The term "city" shall mean the city of Jacksonville.

(9) The term "state board of administra­tion" shall mean the body corporate created, organized and existing under and by virtue of

349.10 Acquisition of lands and ptoperty. 349.11 Cooperation with other units, boards,

agencies and individuals. 349.12 Covenant of the state. 349.13 Exemption from taxation. 349.14 Eligibility for investments and secu­

rity. 349.15 Pledges enforceable by bondholders. 349.16 Transfer of refunding powers to au­

thority. 349.17 Chapter complete and additional au­

thority.

the provisions of Art. IX, Sec. 16, of the state constitution, or any successor thereto.

(10) The term "agency of the state" shall mean and include the state and any department of, or corporation, agency or instrumentality heretofore or hereafter created, designated, or established by, the state.

(11) The term "federal agency" shall mean and include the United States, the president of the United States, and any department of, or corporation, agency or instrumentality hereto­fore or hereafter created, designated, or estab­lished by, the United States.

(12) The term "Duval county gasoline tax funds" shall mean all the eighty per cent sur­plus gasoline tax funds accruing in each year to the state road department for use in Duval county under the provisions of Art. IX, Sec. 16 of the state constitution, after deduction only of any amounts of said gasoline tax funds here­tofore pledged by the state road department or the county for outstanding obligations.

(13) Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations.

History.-Comp. §2, ch. 29996, 1955.

349.03 Jacksonville expressway authority.­There is hereby created and established a body politic and corporate and agency of the state, to be known as the "Jacksonville expressway authority" (hereinafter referred to as "author­ity") .

The governing body of the authority shall. consist of five members. Three members shall be citizens of Duval county, who shall be ap­pointed by the governor; the fourth member shall be, ex officio, the chairman of the board of county commissioners of Duval county, and the fifth member shall be, ex officio, the member of the state road department of the state from the second congressional district as defined and limited on June 9, 1937. Members of the author­ity who are first appointed shall be designated by the governor to serve for terms of two, three and four years, respectively, from the date of their appointment. Thereafter the term of office of each appointed. member shall be for folir years. Each appointed member shall hold office until his successor has been appointed and has qualified. A vacancy occurring during a term

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

shall be filled only for the balance of the un­expired term. One of the members so appointed shall be designated by the governor as chair­man of the authority. The members of the au­thority shall not be entitled to compensation, but shall be reimbursed for traveling expenses as provided in §112.061. Three members of the authority shall constitute a quorum and ordi­nances or resolutions enacted or adopted by the vote of a majority of the members shall become effective without publication or posting or any further action by the authority. The authority may employ a secretary, an executive director, its own counsel and legal staff, such financial advisers and consultants, technical experts, such engineers and such agents and employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation of such persons, firms or corpora­tions. The authority may delegate to one or more of its agents or employees such of its pow­ers as it shall deem necessary to carry out the purposes of this chapter, subject always to the supervision and control of the authority. Mem­bers of the authority may be removed from their office by the governor for misconduct, mal­feasance, misfeasance, or nonfeasance in office.

Bloto,.,..-13, ch. 29996, 1955; 119, ch. 63-400.

349.04 Purposes and powers.-(1) GENERAL.-The authority created and

established by the provisions of this chapter is hereby granted and shall have the right to ac­quire, hold, construct, improve, maintain, oper­ate, own and lease in the capacity of lessor, the Jacksonville expressway system (hereinafter referred to as "system") heretofore partially constructed or acquired by Florida state im­provement commission in the Jacksonville, Du­val county, metropolitan area, as more spe­cifically described in the proceedings of said commission which authorized the issuance of twenty-eight million dollars bonds of said com­mission for said purpose, and as hereafter com­pleted or improved or extended as authorized by this chapter, and all appurtenant facilities, including all approaches, streets, roads, bridges and avenues of access for said Jacksonville ex­pressway system, and to construct or acquire extensions, additions and improvements to said system and to complete the construction and acquisition of said system.

It is the express intention of this chapter that said authority, in completing the construction of said Jacksonville expressway system, shall not be limited to the description thereof con­tained in said proceedings of said commission which authorized the issuance of twenty-eight million dollars bonds to finance part of the cost thereof, but shall be authorized to construct any additional extensions, additions or im­provements to said system, or appurtenant fa­cilities, including all necessary approaches, roads, bridges and avenues of access, with such changes, modifications or revisions of said proj­ect as shall be de~med desirable and proper.

(2) The authority is hereby granted, and shall have and may exercise all powers neces-

sary, appurtenant, convenient or incidental to the carrying out of the aforesaid purposes, in­cluding, but without being limited to, the fol­lowing rights and powers:

(a) To sue and be sued, implead and be im­pleaded, complain and defend in all courts.

(b) To adopt, use and alter at will, a corpo­rate seal.

(c) To acquire, purchase, hold, lease as les­see and use any franchise, property, real, per­sonal or mixed, tangible or intangible, or any interest therein, necessary or desirable for car­rying out the purposes of the authority, and to sell, lease as lessor, transfer and dispose of any property or interest therein at any time ac­quired by it.

(d) To enter into and make leases for terms not exceeding forty years, as either lessee or lessor, in order to carry out the right to lease as set forth in this chapter.

(e) To enter into and make lease-purchase agreements with the state road department for terms not exceeding forty years, or until any bonds secured by a pledge of rental.s there­under, and any refundings thereof, are fully paid as to both principal and interest, which­ever is longer.

(f) To fix, alter, charge, establish and col­lect rates, fees, rentals and other charges for the services and facilities of the Jacksonville expressway system, which rates, fees, rentals and other charges shall always be sufficient to comply with any covenants made with the hold­ers of any bonds issued pursuant to this chap­ter; provided, however, that such right and power may be assigned or delegated, by the authority, to the state road department.

(g) To borrow money, make and issue nego­tiable notes, bonds, refunding bonds, and other evidences of indebtedness or obligations, either in temporary or definitive form, (hereinafter in this chapter sometimes called "bonds") of the authority, for the purpose of funding or re­funding, at or prior to maturity, any bonds theretofore issued by said authority, or by Florida state improvement commission to fi­nance part of the cost of the Jacksonville ex­pressway system, and purposes related thereto, and for the purpose of financing all or part of the completion or improvement or extension of the Jacksonville expressway system, and appur­tenant facilities, including all approaches, streets, roads, bridges and avenues of access for said Jacksonville expressway system and for any other purpose authorized by this chap­ter, said bonds to mature in not exceeding forty years from the date of the issuance thereof, and to secure the payment of such bonds or any part thereof by a pledge of any or all of its revenues, rates, fees, rentals or other charges, including all or any portion of the Duval county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the authority and the state road department; and in general to provide for the security of said bonds and the rights and remedies of the holders thereof.

In the event that the authority shall deter-

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

mine to fund or refund any bonds theretofore issued by said authority, or by said commission as aforesaid prior to the maturity thereof, the proceeds of such funding or refunding bonds shall, pending the prior redemption of the bonds to be funded or refunded, be invested in direct obligations of the United States, and it is the express intention of this chapter that such out­standing bonds may be funded or refunded by the issuance of bonds pursuant to this chapter notwithstanding that part of such outstanding bonds will not mature or become redeemable until six years after the date of issuance of bonds pursuant to this chapter to fund or re­fund such outstanding bonds.

(h) To make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its busi­ness.

(i) Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases or other transac­tions with any federal agency, the state, any agency of the state, the county of Duval, the city of Jacksonville or with any other public body of the state.

(j) To have the power of eminent domain. (k) To pledge, hypothecate or otherwise en­

cumber all or any part of the revenues, rates, fees, rentals or other charges or receipts of the authority, including all or any portion of the Duval county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the author­ity and the state road department, as security for all or any of the obligations of the authority.

(1) To do all acts and things necessary or convenient for the conduct of its business and the general welfare of the authority, in order to carry out the powers granted to it by this chap­ter or any other law.

(3) The authority shall have no power at any time or in any manner to pledge the credit or taxing power of the state or any political sub­division or agency thereof, nor shall any of the authority's obligations be deemed to be obliga­tions of the state or of any political subdivision or agency thereof, nor shall the state or any po­litical subdivision or agency thereof, except the authority, be liable for the payment of the principal of or interest on such obligations.

History.-Comp. §4, ch. 29996, 1955.

349.05 Bonds of the authority.-(1) (a) The bonds of the authority issued

pursuant to the provisions of this chapter shall be authorized by resolution of the members thereof and may be either term or serial bonds, shall bear such date or dates, mature at such time or times, not exceeding forty years from their respective dates, bear interest at such rate or rates, not exceeding six per cent per annum, payable semiannually, be in such denomina­tions, be in such form, either coupon or fully registered, shall carry such registration, ex­changeability and interchangeability privileges, be payable in such medium of payment and at .uch place or places, be subject to such terms

of redemption and be entitled to such priorities on the revenues, rates, fees, rentals or other charges or receipts of the authority including the Duval county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the author­ity and the state road department, as such reso­lution or any resolution subsequent thereto may provide. The bonds shall be executed either by manual or facsimile signature by such officers as the authority shall determine, provided that such bonds shall bear at least one signature which is manually executed thereon, and the coupons attached to such bonds shall bear the facsimile signature or signatures of such officer or officers as shall be designated by the author­ity and shall have the seal of the authority af­fixed, imprinted, reproduced or lithographed thereon, all as may be prescribed in such reso­lution or resolutions.

(b) Prior to any sale of bonds the authority shall cause notice to be given by publication in some newspaper published in the county that the authority will receive bids for the purchase of the bonds at the office of the authority in the county. Said notice shall be published twice and the first publication shall be given not less than fifteen days prior to the date set for receiving the bids. Said notice shall specify the amount of the bonds offered for sale and shall state that the bids shall be sealed bids, shall give the schedule of the maturities of the proposed bonds and such other pertinent information as may be prescribed in the resolution authorizing the issuance of such bonds or any resolution subsequent thereto. Bidders may be invited to name the rate of interest which the bonds are to bear or the authority may name rates of in­terest and invite bids thereon. In addition to publication of notice of the proposed sale the authority shall also give notice in writing of the proposed sale enclosing a copy of such ad­vertisement to the chairman of the state road department and to at least three recognized bond dealers in the state, such notice to be given not less than ten days prior to the date set for receiving the bids.

(c) All bonds and refunding bonds issued pursuant to this chapter shall be sold to the highest and best bidder at such public sale unless sold at a better price or yield basis within thirty days after failure to receive an acceptable bid at a duly advertised public sale, provided that the interest cost to the au­thority on such bonds shall not exceed six per cent per annum, and provided further, that the authority shall have the right to reject all bids and cause a new notice to be given in like manner inviting other bids for such bonds. In determining the highest and best bidder for bonds offered for sale, the net interest cost to the authority as shown in standard bond tables shall govern; provided, that the determination of the authority as to the highest and best bidder shall be final. Pending the preparation of definitive bonds, interim certificates may be issued to the purchaser or purchasers of such bonds, and may contain such terms and

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

conditions as the authority may determine. (d) The authority may require all bidders

for said bonds to give security by bond or deposit to the authority to insure that the bid­der shall comply with the terms of the bid, and any bidder whose bid shall be accepted shall be liable to the authority for all damages on account of the nonperformance of the terms of such bid or to a forfeiture of the deposit required by the authority.

(2) Any such resolution or resolutions au­thorizing any bonds hereunder may contain pro­visions which shall be part of the contract with the holders of such bonds, as to (a) the pledg­ing of all or any part of the revenues, rates, fees, rentals, (including all or any portion of the Duval county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the author­ity and the state road department, or any part thereof), or other charges or receipts of the authority, derived by the authority from the Jacksonville expressway system, (b) the com­pletion, improvement, operation, extension, maintenance, repair, lease or lease-purchase agreement of said system, and the duties of the authority and others, including the state road department, with reference thereto, (c) limita­tions on the purposes to which the proceeds of the bonds, then or thereafter to be issued, or of any loan or grant by the United States or the state may be applied, Cd) the fixing, charging, establishing and collecting of rates, fees, rentals, or other charges for use of the services and facilities of the Jacksonville ex­pressway system or any part thereof, (e) the setting aside of reserves or sinking funds or repair and replacement funds and the regula­tion and disposition thereof, (f) limitations on the issuance of additional bonds, (g) the terms and provisions of any lease-purchase agree­ment, deed of trust or indenture securing the bonds, or under which the same may be issued, and (h) any other or additional agreements with the holders of the bonds which the au­thority may deem desirable and proper.

(3) The state board of administration of Florida shall be the fiscal agent of the author­ity for any bonds issued by the authority pur­suant to this chapter, and the authority may enter into any deeds of trust, indentures or other agreements with said fiscal agent, or with any bank or trust company within or with­out the state, with the consent of said board, as security for such bonds, and may, under such agreements, assign and pledge all or any of the revenues, rates, fees, rentals, or other charges or receipts of the authority, including all or any portion of the Duval county gasoline tax funds received by the authority pursuant to the terms of any lease-purchase agreement between the authority and the state road de­partment, thereunder:. Such deed of trust, in­denture or other-agreement, may contain such provisionf1 as is customary in such -instruments or, as the .. authority may ailthorize, including, but without limitation, provisions as to (a) the completion, improvement, operation, extension,

maintenance, repair and lease of, or lease­purchase agreement relating to, the Jackson­ville expressway system, and the duties of the authority and others, including the state road department, with reference thereto, (b) the application of funds and the safeguarding of funds on hand or on deposit, (c) the rights and remedies of the trustee and the holders of the bonds, and (d) the terms and provisions of the bonds or the resolutions authorizing the issuance of the same.

Any of the bonds issued pursuant to this chapter are, and are hereby declared to be, negotiable instruments, and shall have all the qualities and incidents of negotiable instru­ments under the law merchant and the nego­tiable instruments law of the state.

Hlstory.- §5. ch. 29996. 1955; §t. ch. 63-272.

349.06 Remedies of the bondholders.-(1) The rights and the remedies herein

conferred upon or granted to the bondholders shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolu­tions providing for the issuance of bonds, or by any lease-purchase agreement, deed of trust, indenture or other agreement under which the bonds may be issued or secured. In the event that the authority shall default in the payment of the principal of or interest on any of the bonds issued pursuant to the provisions of this chapter after such principal of or interest on said bonds shall have become due, whether at maturity or upon call for redemption, or the state road department shall default in any pay­ments under, or covenants made in, any lease­purchase agreement between the authority and the state road department, and such default shall continue for a period of thirty days, or in the event that the authority or the state road department shall fail or refuse to comply with the provisions of this chapter or any agreement made with, or for the benefit of, the holders of the bonds, the holders of twenty-five per cent in aggregate principal amount of the bonds then outstanding shall be entitled as of right to the appointment of a trustee to represent such bondholders for the purposes hereof; pro­vided, however, that such holders of twenty­five per cent in aggregate principal amount of the bonds then outstanding shall have first given notice of their intention to appoint a trustee, to the authority and to the state road department. Such notice shall be deemed to have been given if given in writing, and de­posited in a securely sealed postpaid wrapper, mailed at a regularly maintained United States post office box or station and addressed, re­spectively, to the chairman of the authority at the principal office of the authority and to the chairman of the state road department at the principal office of the state road department.

(2) Such tru~te~,al!d any trustee under any . deed of trust, indenture or other agreement; -· may, and upon written request of the holders of twenty-five per cent (or such other per­centages as may be specified in any deed of

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

trust, indenture Qr Qther agreement afQresaid) in principal amQunt Qf the bQnds then Qut­standing, shall, in any cQurt Qf cQmpetent juris­dictiQn, in his Qr its Qwn name:

(a) By mandamus Qr Qther suit, actiQn Qr proceeding at law, Qr in equity, enfQrce all rights Qf the bQndhQlders, including the right to' require the authQrity to' fix, establish, main­tain, cQllect and charge rates, fees, rentals, and Qther charges, adequate to' carry Qut any agree­ment as to, Qr pledge Qf, the revenues O'r re­ceipts Qf the authQrity, and to' require ,the au­thority to' carry out any Qther cQvenants and agreements with Qr for the benefit Qf the bQnd­holders, and to' perform its and ,their duties under this chapter,

(b) By mandamus Qr Qther suit, actiQn Qr prQceeding at law, Qr in equity, enfQrce all rights Qf the bQndhQlders under Qr pursuant to' any lease-purchase agreement between the au­thority and the state rQad department, includ­ing the right to' require the state rQad depart­ment to make all rental payments required to' be made by it under the provisions of any such lease-purchase agreement, whether . frQm the Duval cQunty gasQline tax funds or Qther funds Qf the department sO' agreed to' be paid and to' require the state rQad department to' carry Qut, any other covenants and agreements with Qr fQr the benefit Qf the bQndhQlders, and to' per­form its and their duties under this chapter,

(c) Bring suit upon the bQnds, (d) By actiQn Qr suit in equity require the

authQrity or the state road department to' ac­CQunt as if it were the trustee Qf an express trust fQr the bQndhQlders,

(e) By actiQn or suit in equity enjQin any acts Qr things which may be unlawful Qr in viQ­lation of the rights Qf the bQndhQlders.

(3) Any trustee when apPQinted as afQre­said, or acting under a deed Qf trust, indenture Qr other agreement, and whether Qr nQt all bonds have been declared due and payable, shall be entitled as O'f right to' the apPQintment Qf a receiver, whO' may enter UPQn and take possession Qf the J acksQnville expressway sys­tem or the facilities O'r any part Qr parts thereof, the rates, fees, rentals, Qr Qther reve­nues, charges Qr receipts frQm which are, Qr may be, applicable to' the payment Qf the bQnds so in default, and subject to' and in cQmpliance with the prQvisiQns of any lease-purchase agree­ment between the authority and the state road department Qperate and maintain the same, fQr and on behalf Qf and in the name Qf, the au­thority, the state road department and the bQndholders, and cQllect and receive all rates, fees, rentals, and other charges or receipts or revenues arising therefrQm in the same man­ner as the authority or the state road depart­ment might do, and shall deposit all such moneys in a separate account and apply the same in such manner as the court shall direct. In any suit, action Qr prQceeding by the trustee, the fees, cQunsel fees, and expenses of the trustee, and said receiver, if any, and all costs and disbursements allQwed by the CQurt shall be a first charge on any rates, fees, rentals, Qr

other charges, revenues Qr receipts, derived from the JacksQnville expressway system, Qr the facilities Qr services Qr any part Qr parts thereQf, including payments under any such lease-purchase agreement as afQresaid which said rates, fees, rentals, or other charges, reve­nues Qr receipts shall Qr may be applicable to' the payment of the bonds SO' in default. Such trustee shall, in addition to' the fQregoing, have and PQssess all Qf the PQwers necessary O'r ap­propriate for the exercise of any func,tions specifically set forth herein Qr incident to' the representation of the bQndhQlders in the en­forcement and protection of their rights.

(4) Nothing in this section Qr any Qther section of this chapter shall authorize any re­ceiver apPQinted pursuant hereto fQr the pur­pose, subject to and in cQmpliance with the prQvisiQns Qf any lease-purchase agreement be­tween the authority and the state rQad depart­ment, Qf Qperating and maintaining the Jack­sQnville expressway system or any facilities Qr part or parts thereof, to' sell, assign, mQrtgage or otherwise dispose of any Qf the assets Qf whatever kind and character belQnging to' the authority. It is the intentiQn Qf this chapter to' limit the powers Qf such receiver, subject to' and in compliance with the prQvisiQns O'f any lease-purchase agreement between the authQr­ity and the state road department, to' the opera­tion and maintenance of the Jacksonville ex­pressway system, or any facility, or part or parts thereQf, as the cQurt may direct, in the name and for and Qn behalf Qf the authQrity, the state rQad department and the bQndhQlders, and nO' holder of bQnds of the authQrity nQr any trustee, shall ever have the right in any suit, action or prQceeding at law, Qr in equity, to' compel a receiver, nQr shall any receiver be authorized or any court be empowered to' direct the receiver to' sell, assign, mQrtgage Qr Qther­wise dispose of any assets Qf whatever kind Qr character belonging to the authQrity.

History.-Comp. §6, ch. 29996, 1955.

349.07 Lease-purchase agreernent.-In Qrder to' effectuate the purpQses Qf this chapter and as authorized by this chapter, the authority may enter into a lease-purchase agreement with the state road department relating to' and CQV­ering the Jacksonville expressway system.

Such lease-purchase agreement shall prQvide for the leasing of the J acksQnville expressway system, by the authority, as lessQr, to the st8ite road department, as lessee, shall prescribe the term of such lease and the rentals to' be paid thereunder and shall prQvide that UPQn the completion of the faithful performance there­under and the termination of such lease-pur­chase agreement, title in fee simple absQlute to the Jacksonville expressway system as then constituted shall be transferred in accQrdance with law by the authority, to' the state and the authority shall deliver to the state road depart­ment such deeds and conveyances as shall be necessary or convenient· to' vest title in fee simple absolute in the state.

Such . lease-purchase agreement may include

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

such other provisions, agreements and cove­nants as the authority and the state road de­partment deem advisable or required, including, but not limited to, provisions as to the bonds to be issued under and for the purposes of this chapter, the completion, extension, improve­ment, operation and maintenance of the Jack­sonville expressway system and the expenses and cost of operation of said authority, the charging and collecting of tolls, rates, fees and other charges for the use of the services and facilities thereof, the application of federal or state grants or aid which may be made or given to assist the authori,ty in the completion, extension, improvement, operation and mainte­nance of the Jacksonville expressway system, which the authority is hereby authorized to ac­cept and apply to such purposes, the enforce­ment of payment and collection of rentals and any other terms, provisions or covenants neces­sary, incidental or appurtenant to the making of and full performance under such lease-pur­chase agreement.

The state road department, as lessee under such lease-purchase agreement, is hereby au­thorized to pay as rentals thereunder any rates, fees, charges, funds, moneys, receipts or in­come accruing to the state road department from the operation of the Jacksonville express­way system and the Duval county gasoline tax funds and may also pay as rentals any appro­priations received by the state road department pursuant to any act of the legislature of the state heretofore or hereafter enacted; provided, however, that nothing herein nor in such lease­purchase agreement is intended to nor shall this chapter or such lease-purchase agreement require the making or continuance of such ap­propriations, nor shall any holder of bonds is­sued pursuant to this chapter ever have any right to compel the making or continuance of such appropriations.

No pledge of said Duval county gasoline tax funds as rentals under such lease-purchase agreement shall be made without the consent of the county of Duval evidenced by a resolu­tion duly adopted by the board of county com­missioners of said county, which resolution, among other things, shall provide that any excess of said pledged gasoline tax funds which is not required for debt service or reserves for such debt service for any bonds issued by said authority shall be returned annually to the state road department for distribution to Duval county as provided by law.

Said state road department shall have power to covenant in any lease-purchase agreement that it will pay all or any part of the cost of the operation, maintenance, repair, renewal and replacement of said system, and any part of the cost of completing said system to the ex­tent that the proceeds of bonds issued therefor are insufficient, from sources other than the revenues derived from ,the operation of said system and said Duval county gasoline tax funds. Said state road department may also agree to make such other payments from any moneys available to said commission, said

county or said city in connection with the construction or completion of said system as shall be deemed by said state road department to be fair and proper under any such covenants heretofore or hereafter entered into.

Said system shall be a part of the state road system and said s,tate road department is hereby authorized, upon the request of the authority, to expend out of any funds available for the purpose such moneys, and to use such of its engineering and other forces, as may be necessary and desirable in the judgment of said state road department, for the operation of said authority and for traffic surveys, borings, sur­veys, preparation of plans and specifications, estimates of cost and other preliminary engi­neering and other studies; provided, however, that the aggregate amount of moneys expended for said purposes by said state road department shall not exceed the sum of three hundred sev­enty-five thousand dollars.

Hlstory.-§7, ch. 29996, 1951>; 7th para. by §1, ch. 57-809. cf.­§335.04 Classification of roads, etc.

349.08 Transfer of existing Jacksonville ex­pressway system to authority.-

(1) In order to effectuate the purposes of this chapter, and subject to the rights of any holders of bonds heretofore issued by said Florida state improvement commission to fi­nance any part of the cost of said Jacksonville expressway system heretofore constructed by Florida state improvement commission in the Jacksonville, Duval county, metropolitan area, and to the rights of the state road department under any lease-purchase agreement heretofore entered into therefor between Florida sta,te im­provement commission and said state road de­partment, all the right, title and interest in and to said Jacksonville expressway system, and all powers, jurisdiction and control over or relat­ing thereto, heretofore vested in Florida state improvement commission, upon the request of the authority, shall be transferred, set over, assigned and conveyed to said authority, and said Florida state improvement commission shall thereupon transmit to the proper officers of the authority all deeds, conveyances, docu­ments, books and records relating to said sys­tem, and shall execute all necessary documents and papers to carry out and consummate the conveyance and transfer of said system to said authority as provided for in this chapter; pro­vided, however, that in the event no such re­quest is made by said authority on or before April 1, 1956, then, and in such event, this chap­ter shall be of no force or effect and, there­after, all powers, jurisdiction and control over or relating to said Jacksonville expressway sys­tem existing in the Florida state improvement commission, the state road department and the state board of administration prior to the en­actment of this chapter shall continue in full force and effect to the same extent as if this chapter had never been enacted.

(2) This section, without reference to any other laws, shall be deemed to be and shall con­s!itute complete authority for the transfer, as­SIgnment and conveyance herein authorized,

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

any provisions of other laws to the contrary notwithstanding, and no proceedings or other action shall be required except as herein pre­scribed.

History.-Comp. f8, ch. 29996, 1955.

349.09 State road department may be ap­pointed agent of authority for construction.­The state road department may be appointed by said authority as its agent for the purpose of constructing improvements and extensions to the Jacksonville expressway system and for the completion thereof. In such event, the au­thority shall provide the state road department with complete copies of all documents, agree­ments, resolutions, contracts and instruments relating thereto and shall request the state road department to do such construction work including the planning, surveying and actual construction of the completion, extensions, and improvements to the Jacksonville expressway system and shall transfer to the credit of an account of the state road department in the treasury of the state the necessary funds there­for and the state road depar·tment shall there­upon be authorized, empowered and directed to proceed with such construction and to use the said funds for such purpose in the same manner that it is now authorized to use the funds o,therwise provided by law for its use in construction of roads and bridges.

History.-Comp. §9, ch. 29996, 1955.

349.10 Acquisition of lands and property.­(1) For the purposes of this law the Jack­

sonville expressway authority may acquire pri­yate OF pu?lic property and property rights, mclu.dmg rI¥"hts of access, air, view, and light, by .gIft, devIs~, purchas~, or condemnation by emment domam proceedmgs, as the authority may ~eem necessary for any of the purposes of thIS chapter. The right of eminent domain herein conferred shall be exercised by the au­thority in the manner provided by law.

(2) All property rights acquired under the provisions of this law shall be in fee simple.

(3) In connection with the acquisition of property or property rights as herein provided, the. authority may in its discretion acquire an entIre lot, block, or tract of land, if by so doing the interests of the public will be best served even though said entire lot, block, or tract i~ not immediately needed for the right of way proper.

Hlstory.-§10, ch. 29996, 1955; §1, ch. 57-800.

349.11 Cooperation with other units, boards, agencies and individuals.-Express authority and power is hereby given and granted any county, municipality, drainage district, road and bridge district, school district or any other political subdivision, board, commission or in­dividual in, or of, the state to make and enter into with the authority, contracts, leases, con­veyances, or other agreements within the provi­sions and purposes of this chapter. The author­ity is hereby expressly authorized to make and enter into contracts, leases, conveyances and other agreements with any political subdivision,

agency or instrumentality of the state and any and all federal agencies, corporations and indi­viduals, for the purpose of carrying out the provisions of this chapter.

History.-Comp. §11, ch. 29996, 1955.

349.12 Covenant of the state.-The state does hereby pledge to, and agrees, with any person, firm or corporation, or federal or state agency subscribing to, or acquiring the bonds to be issued by the authority for the purposes of this chanter that the state will not limit or alter the rights hereby vested in the authority and the state road department until all bonds at any time issued, together with the interest thereon, are fully paid and discharged insofar as the same affects the rights of the holders of bonds issued hereunder. The state does further pledge to, and agree, with the United States and any federal agency that, in the event that any federal agency shall construct or contrib­ute any funds for the completion, extension or improvement of the Jacksonville expressway system, or any part or portion thereof, the state will not alter or limit the rights and powers of the authority and the state road department in any manner which would be incomistent with the continued maintenance and operation of the Jacksonville expressway system or the com­pletion, extension or improvement thereof, or which would be inconsistent with the due per­formance of any agreements between the au­thority and any such federal agency, and the authority and the state road department shall continue to have and may exercise all powers herein granted, so long as the same shall be necessary or desirable for the carrying out of the purposes of this chapter and the purposes of the United States in the completion, exten­sion or improvement of the Jacksonville ex­pressway system, or any part or portion thereof.

History.-Comp. §12, ch. 29996, 1955.

349.13 Exemption from taxation.-The ef­fectuation of the authorized purposes of the authority created under this chapter is, shall and will be, in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improve­ment of their health and living conditions, and since such authority will be performing essen­tial governmental functions in effectuating such purposes, such authority shall not be re­quired to pay any taxes or assessments of any kind or nature whatsoever upon any property acquired or used by it for such purposes, or upon any rates, fees, rentals, receipts, income or charges at any time received by it, and the bonds issued by the authority, their transfer and the income therefrom, (including any prof­its made on the sale thereof) shall at all times be free from taxation of any kind by the state, or by any political subdivision, or taxing agency or instrumentality thereof.

History.-Comp. § 13, ch. 29996, 1955.

349.14 Eligibility for investments and secu­rity.-Any bonds or other obligations issued pursuant to this chapter shall be and constitute legal investmer.ts for banks, savings banks,

Ch. 349 JACKSONVILLE EXPRESSWAY AUTHORITY LAW Ch. 349

trustees, executors, administrators, and all other fiduciaries, and for all state, municipal imd other public funds and shall also be and constitute securities eligible for deposit as security for all state, municipal or other public funds, notwithstanding the provisions of any: other law or laws to the contrary.

IDstol'7.-Comp. 114, ch. 29996, 1955.

349.15 Pledges enforceable by bondholders. -It is the express intention of this chapte~ that any pledge by the state road department of rates,. fees, revenues, Duval county gasoline tax funds or other funds, as rentals, to the author­ity, or any covenants or agreements relative thereto may be enforceable in any court of com­petent jurisdiction against the authority or di­rectly against the state road department by any holder of bonds issued by the authority.

IDstor;r.-Comp. 115, ch. 29996, 1955.

349.16 Transfer of refunding powers to au­thority.-The power vested in the state board of administration by §344.26, to issue its re­funding bonds for the purpose of refunding, at or prior to maturity, outstanding obligations of Florida state improvement commission, is, but only insofar as such power to refund is appli­cable to any bonds of Florida state improve­ment commission heretofore issued to finance part of the cost of Jacksonville expressway sys­tem, hereby transferred to and vested in the authority and the authority is hereby author­ized to issue its revenue bonds, for the purpose of refunding such outstanding bonds of Florida state improvement commission, and the state board of administration shall be deemed to be, and is hereby, divested of such power to refund, at or prior to maturity, said bonds of Florida state improvement commission heretofore is­sued to finance part of the cost of Jacksonville expressway system.

IDstol'7.-Comp. 116. ch. 29996. 1955.

-! . .:--~- - .:.

349.17 Chapter complete and additional au­thority.-That the powers conferred by this chapter shall be in addition and supplemental to the existing powers of said board and the state road department, and this chapter shall not be construed as repealing any of the provi­sions of any other law, general, special or local, but to supersede such other laws in the exer­cise of the powers provided in this chapter,. and to provide a complete method for the exercise of the powers granted in this chapter. The re­funding of any of the bonds of Florida state improvement commission heretofore issued to finance part of the cost of said Jacksonville expressway system, and the completion, exten­sion and improvement of said system, and the issuance of bonds hereunder to finance all or part of the cost thereof, may be accomplished upon compliance with the provisions of this chapter without regard to or necessity for com­pliance with the provisions, limitations, or re­strictions contained in any other general, spe­cial or local law, and no approval of any bonds issued under this chapter by the qualified elec­tors or qualified electors who are freeholders in the state or in said county of Duval, or in said city of Jacksonville, or in any other politi­cal subdivision of the state, shall be required for the issuance of such bonds pursuant to this chapter.

This chapter shall not be deemed to repeal, rescind or modify any othEr law or laws relat­ing to said state board of administration, said state road department, or said Florida state im­provement commission, but shall be deemed to and shall supersede such other law or laws in the exercise of the powers provided in this chap­ter insofar as such other law or laws are incon­sistent with the provisions of this chapter.

Histor;r.-Comp. §l7. ch. 29996. 1955.

350.01

350.011 350.03

350.04 350.05 350.06

350.07

350.08

350.09 350.10 350.11

350.12 350.13

350.14 350.15

350.16

3f}0.17

350.18

350.19 350.20

350.21

350.22

350.23

350.24

350.25

350.26

350.27

TITLE XXV RAILROADS AND OTHER REGULATED UTILITIES

CHAPTER 350

FLORIDA PUBLIC UTILITIES COMMISSION

FIDrida public utilities cDmmissiDners; electiDn-.

FIDrida public utilities cDmmissiDn. PDwer 'Of gDvernDr tD remDve and tD fill

vacancies. Qualificati'Ons 'Of cDmmissi'Oners. Oath 'Of 'Office. EmplDyment 'Of clerk and repDrter;

place 'Of meeting; expenditures. Rates 'Of t'Oll all'Owed tD be charged by

railrDad cDmpanies. Unjust discriminati'Ons by c'OmmDn car-

riers pr'Ohibited. Applicati'On 'Of chapter. Definiti'Ons 'Of terms. Definiti'On 'Of the term "c'Omm'On car­

rier." Duties and p'Owers 'Of c'Ommissi'Oners. Applying j'Oint rates tD CDmmDn car­

rier; nDtice; hearing; preventing rebates.

P'Ower t'O create basing pDints. May ~stablish and abDlish shipp,ing

p'Omts. C'Ommissi'Oners may require necessary

facilities, service, etc. Terminal facilities erected 'On certain

lands under jurisdicti'On 'Of c'Om­missi'Oners.

CDmmissi'Oners may 'Order jDint use 'Of terminal facilities.

C'OnstructiDn 'Of §§350.17 and 350.18. AuthDrity tD make rules f'Or separatiDn

'Of races in passenger cars. May require cDnstructiDn Dr altera­

ti'On 'Of depDts tD secure separatiDn 'Of races; rules and regulatiDns.

May prescl'ibe length 'Of cattle cars and minimum carlDad.

Jurisdicti'On tD enf'Orce prDvisi'Ons 'Of law.

Vi'Olati'On 'Of regulati'Ons as t'O trans­p'Orting livest'Ock by transp'Ortati'On c'Ompany.

Empl'Oyment, c'Ompensati'On and duty 'Of inspect'Or 'Of railr'Oads.

CDmmissi'Oners shall ad'Opt rules and regulatiDns t'O insure the safety 'Of rDadbeds, right 'Of ways, tracks, etc.

C'Onstructi'On and maintenance 'Of switches, etc.

350.28

3tJO.29 350.30 350.31 350.32

350.33 350.34

350.35 350.36 350.37

350.38

350.39

350.40

350.41

3tJ0.42

350.43

350.44

350.45

350.46

350.47

350.48

350.49

350.50

350.51 350.52 3f}0.53 350.54

Penalty fDr viDlati'On 'Of law; defense 'Of carriers; reCDvery 'Of penalty; pleadings; evidence; fine impDsed illegal, etc.

Acti'On c'Ommenced. May emplDY special cDunsel. CDnducting suits. PDwer tD sue in behalf 'Of individuals;

damages fDr discriminatiDn; limita­ti'On 'Of actiDns.

Rights 'Of injured persDns. Additi'Onal expense acc'Ount 'Of appeal

and delay; parties t'O acti'Ons. Rules 'Of evidence. Penalties; pr'Oceedings t'O rec'Over. PDwer tD require delivery by shDrtest

and m'Ost available rDute. CDnstructiDn 'Of §350.37; waiver by car'-

rier. TD furnish CDmmDn carrier with sched­

ule 'Of rates; evidence; revisi'On 'Of

rates. Notice tD c'OmmDn carriers befDre

changing rates. PublicatiDn 'Of nDtice may be dispensed

with. CDmmissi'Oners nDt tD discriminate in

classes 'Of freight. Schedules and rate sheets 'Open t'O pub­

lic. InspectiDn 'Of acc'Ounts and rec'Ords 'Of

c'OmmDn carriers; pr'OductiDn 'Of bODks and recDrds, etc.

PDwer tD examine 'Officers and empl'Oy­ees 'Of c'OmmDn carriers under 'Oath; c'Ompelling rep'Orts; rep'Orts 'Of ac­cidents; passes, tickets, etc.

RailrDad cDmpanies tD have black boards t'O post mark and brand 'Of cattle killed; penalty.

TD keep a record 'Of and publish marks and brands 'Of cattle killed Dr in­jured; penalty.

Engineer tD rep'Ort killing 'Or injury to livestock; penalty.

Duty 'Of supervis'Or relative tD livest'Ock killed 'Or injured; penalty.

Duty 'Of secti'On boss relative tD live-stock killed Dr injured; penalty.

DisPDsition 'Of carcass; penalty. Applies tD all railrDad cDmpanies . . RailrDads to make reports, etc. Railroads tD make annual repDrts.

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

350.55

350.56

350.57

350.58 350.59 350.60

350.61

350.62

Contracts to be submitted to commis­sioners for approval.

Long and short haul; special cases; re­duction and increase of rate in com­petition with water route; applica­tion to change rate; penalty; lia­bility of carrier; proviso.

Duplicate freight receipts; liability of initial carrier; recovery by initial carrier; may prescribe forms of bills of lading.

Annual report to governor. Powers to issue certain writs. May administer oaths; witnesses; ex­

aminer; report; service of subpoe­nas, notices, etc.

Power to declare and punish con­tempts.

Mandamus, injunction, etc.; discovery of names of persons damaged by carrier's violation of law; compel­ling payment, etc.

350.01 Florida public utilities commission· ers; election.-The Florida public utilities com­mission shall consist of three commissioners elected by the qualified electors of this state for terms of four years each dating from the expiration of the present existing terms of said commissioners.

History.-§l, ch. 4700, 1899; as 2882; §10(16), ch . 7838, 1919; ROS 4607, COL 6692; §l, ch. 63-279.

350.011 Florida public utilities commission. -The state regulatory agency heretofore known as the Florida railroad and public util­ities commission shall be known and hereafter called Florida public utilities commission, and all rights, powers, duties, responsibilities, ju­risdiction and judicial powers now vested in said railroad and public utilities commission and the commissioners thereof are hereby vest­ed in the Florida public utilities commission and the commissioners thereof. Whenever ref­erence is made to the Florida railroad and public utilities commission and the commission­ers thereof in the laws of the state previously enacted or enacted at this session of the legis­lature, such reference shall be construed to mean the Florida public utilities commission and the commissioners thereof and all appro­priations for the use of said railroad and pub­lic utilities commission and the members there­of for the biennium or continuing in nature previously made or made at this session of the legislature, shall be construed to be for the use of said Florida public utilities commission and the commissioners thereof, to be used for the purposes set out in the laws making said appropriations; provided, however, the change in name of said regulatory agency shall in no wise affect any pending causes and pro­ceedings, existing notices, orders, certificates, permits, licenses, or authorities previously granted or any action previously taken by the Florida railroad and public utilities commis­sion.

History.-§l, ch. 24095, 1947; §l, ch. 63-279.

350.63 Judicial powers. 350.631 Prehearing procedure in any action be­

fore the Florida public utilities

350.64 350.641

350.65

350_66

350.67

350.76 350.77

350.78

commission. Appeals. Commission orders; review by certio­

rari. Injunction to enforce regulations as to

rates. Commissioners to appeal to interstate

commission. Penalty for employees, etc., violating

provisions of chapter. Microfilming and destroying records. Fees for copies; disposition and rec­

ord. Florida public utilities regulatory trust

fund; moneys to be deposited therein.

350.03 Power of governor to remove and to fill vacancies.-The governor shall have the same power to remove, suspend or appoint to fill vacancies, in the office of commissioners as in other offices.

History.-§l, ch. 4700, 1899; as 2884; ROS 4609; COL 6694.

350.04 Qualifications of commissioners.­The commissioners provided for in this chap­ter shall not, jointly or severally, or in any way be the holders of any railroad stock or bonds, or be the agent or employee of any rail­road company or have any interest in any rail­road during their respective terms of office.

History.- §l, ch. 4700, 1899; as 2885; ROS 4610; COL 6695.

350.05 Oath of office.-Before entering upon the duties of his office each commissioner shall subscribe to the following oath: "I do solemnly swear (or affirm) that I will support, protect and defend the constitution and government of the United States and of the State of Flor­ida; that I am qualified to hold office under the constitution of the state, and that I will well and faithfully perform the duties of Flor­ida public utilities commissioner, on which I am now about to enter; that I am not a stock­holder in any railroad or freight transporta­tion company, nor in any way, directly or in­directly, in the employment of, or engaged in the management of any railroad or transpor­tation company, so help me God." In case any commissioner should in any way become dis­qualified, he shall at once remove such dis­qualification or resign, and upon his failure to do so, he shall be suspended from office by the governor and dealt with as provided by law.

History.-§1, ch. 4700, 1899; GS 2886; RGS 4611; CGL 6696; §1, ch. 63-279.

350.06 Employment of clerk and reporter; place of meeting; expenditures.-8aid commis­sioners may employ a secretary. The office of said commissioners shall be in the supreme court building in Tallahassee, but they may hold sessions anywhere in the state at their discretion, and all sums of money authorized to

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

be paid on account of sa id commissioners shall be paid out of the state treasury only on the or­der of the comptroller countersigned by the gov­ernor. Said commissioners may also employ a person capable of stenographic court reporting to be known as the official reporter of the com­mission, and whose compensation shall be fixed by the commission. Said reporter shall fur­nish the commission a free copy of all testi­mony taken by him, but shall receive the same fees for transcripts furnished private parties as are paid to court reporters in the courts of the state, subject to such rules and regulations as may be prescribed by the commission.

Hl.tory.-§2, ch. 4700, 1899; GS 2887; ch. 6626, 1907; §l. ch. 7811. 1919; l!,GS 4612; §l. ch. 11365, 1926; §2. ch. 12218. 1927: CG L 6697: §t. ch. 15720. 1931. cf.-§29.03 Compensation for services of court reporter.

350.07 Rates of toll allowed to be charged by railroad companies.-If any railroad, rail­road company or common carrier, organized, or that may be hereafter organized, or exist, in this state under any act of incorporation or general law of this state now in force, or which may hereafter be enacted, or any rail­road, railroad company or common carrier, or­ganized, or which may be hereafter organized under the laws of any other state, and doing business in this state, shall charge, collect, demand or receive more than a fair, reason­able rate of toll or compensation for the trans­portation of passengers or freight of any de­scription, or for the use and transportation of any railroad car upon its tracks, or any of the branches thereof, or upon any railroad within this state which it has the right, license or permission to use, operate or control, the same upon conviction thereof, shall be dealt with as hereinafter provided for. 66rs~.tory,-§3. ch. 4700. 1899; GS 2888; RGS 4613; CGL

350.08 Unjust discriminations by common carriers prohibited.-If any railroad, railroad company or other common carrier as aforesaid, shall make any unjust discriminations in its rates, or charges of toll, or compensation for the transportation of passengers or freight of any description, or for the use and transpor­tation of any railroad car upon any railroad, or upon any of the branches thereof, or upon any railroad or steamship lines connected therewith, which it has a right, license or per­mission to operate, use or control within this state, the same shall be guilty of violating the provisions of this chapter, and upon conviction thereof shall be dealt with as hereinafter provided.

Hl.tory.-§4. ch. 4700. 1899: GS 2889: RGS 4614; §1. ch. 10236. 1926; CGL 6699. cf.-§352.22 Free or reduced transportation ma y be fur·

nlshed.

350.09 Application of chapter.-The pro­visions of this chapter shall apply to the trans­portation of passengers and property and to the receiving, delivering, storage and handling of property wholly within this state and shall apply to all railroads, railroad companies and common carriers engaged in this state in the transportation of passengers or property by

railroads or common carriers therein from any point within this state to any point within this state. So far as is or may be permitted by the constitution and the laws of the United States they shall apply also to interstate and foreign commerce and common carriers to and from points in this state.

Hi.tory .-§5. ch. 4700. 1899: GS 2890; §l. ch. 6527, 1913; RGS 4615: CGL 6700.

350.10 Definitions of terms. - The term "railroad" as used in this chapter shall in­clude all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation, associa­tion, partnership, receiver, trustees or any other person operating a railroad, whether owned or operated under a contract, agree­ment, lease or otherwise; also all switches, spurs, tracks and terminal facilities of every kind used or necessary in the transportation of persons or property; also all freight and passenger depots, yards and grounds used or necessary in the receiving, handling, transpor­tation and delivery of passengers and freight; also all terminal companies or union depot companies, passenger or freight, whether op­erating train service or not. The term "rail­road corporation" or "railroad company" as used in this chapter shall be deemed to mean all corporations, associations, pa'rtnerships, re­ceivers, trustees or any other persons now owning or operating or which may hereafter own or operate any railroad in whole or in part in this state or own or operate any ex­press service or train, or car service, including sleeping car, parlor car and dining car service on any railroad in this state. Whenever any railroad company owns and operates in con­nection with its road and for the purpose of transporting its cars, freight or passengers, any steamer or other water craft, such steamer or water craft shall be deemed a part of the said road.

The term "transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage irre­spective of ownership or of any contract ex­pressed or implied, for the use thereof and all service in connection with the receipt, de­livery, elevation and transfer in transit, ven­tilation, refrigeration or icing, storage and handling of property transported.

HI.tory.-§5. ch. 4700, 1899; GS 2891; §2. ch. 6527, 1913; RGS 4616; CGL 6701.

350.11 Definition of the term "common carrier."-The term "common carrier," as used in this chapter, shall be deemed to mean and include: (1) All persons owning and operat­ing railroads, wholly or partly within this state. (2) All persons owning and operating steamships, engaged in the transportation of freight or passengers from and to ports within this state. (3) All persons owning and op­erating steamboats used in the transportation of freight or passengers upon the rivers or inland waters in this state, and also all boats or vessels of ten tons net or over and propelled by gasoline, kerosene, fuel oil, or any such like

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

propelling products running from a coastal port to a coastal port in this state used in the transportation of freight or passengers for hire. (4) All persons owning or operating railroads, passenger terminals or union depots, for the purpose of receiving, delivering or transferring passenger traffic to and from the place or city in which said terminal or union depot may be situated, or to or from one or more of the railroads operating its train serv­ice into said terminal or depot from or to any other railroad or railroads.

Whenever any steamship or steamboat com­pany owns and operates any barge, canal boat, steam-tug ferry boat or lighter in connection with its ships or boats, the thing so owned and operated shall be deemed a part of its main line.

Hlstory.-§5, ch. 4700. 1899; GS 2892; RGS 4617; fl. ch. 9308, 1923' CGL 6702. cf.-§1.01 (3) "Person" dellned.

350.12 Duties and powers of commissioners. (1) It shall be the duty of said commissioners. (a) To make reasonable and just rates of

freight and passenger tariffs to be observed by all railroads, railroad companies and com­mon carriers doing business in this state over their respective lines. This clause shall in­clude the right to prescribe how much baggage may be carried free with each passenger and the rates of excess baggage.

(b) To make reasonable and just rules and regulations to enforce observance of their tariffs for the handling, transportation and delivery of all kinds of freight and for the transportation of passengers.

(c) To make reasonable and just rates of charges for the use and transportation of all kinds of railroad cars conveying all kinds of freight to and from any and all points in this state.

(d) To make reasonable and just rules and regulations for the prevention of any unjust discrimination against persons or localities in charges or in furnishing facilities.

(2) And they shall have power: (a) To make reasonable and just joint rates

for all connecting carriers doing business in this state as to all traffic passing from the line of one common carrier to another, and to apportion such joint rates between said carriers participating therein.

(b) To compel all railroads and railroad companies crossing or meeting each other at any point, or serving the same city, town or locality, provided they be of the same gauge, to construct such switches, side tracks and connections as will enable them to transport cars to and from each other's lines. And in the event railroads or railroad companies re­quired to construct such switches, side tracks and connections are unable to agree upon how the costs thereof shall be borne or apportioned, it shall then be the duty of the commissioners, upon a hearing after notice to each of the railroads or railroad companies between which such switches, side tracks and connections are to be constructed, to apportion the costs be­tween them on a just and equitable basis, or,

if justice requires, to impose the entire cost of construction upon one railroad or railroad company.

(c) To require railroads and water carriers serving any given point or community as com­mon carriers of freight or passengers to pro­vide such reasonable physical connection as may be necessary to properly facilitate the transfer of freight or passengers from one of said carriers to the other.

(d) To compel the interchange of traffic and cars between railroad companies under such rules and regulations as will secure due com­pensation for cars and the prompt return of cars to the railroad company from which they are received.

(e) To require the establishment of stations, including flag stations, at which trains may be required to stop, and the establishment of landings and wharves at which water carriers may be required to stop; to designate the lo­cation and require the erection of such freight and passenger depots, houses, platforms and wharves with all necessary conveniences as the safety, convenience and comfort of pas­sengers and the proper handling, care, pro­tection and prompt delivery and transporta­tion of freight may require; to supervise, regulate and control all stations, depots, plat­forms, houses and wharves and to require a sufficient force of employees to be maintained therein and thereat to conduct in a proper manner the business of the .carriers.

(f) To establish such schedules for the ar­rival and departure of all trains at stations and depots, and to order such connections in point of time to be made between common car­riers, as the public convenience, comfort and interest may require, and to prescribe rules and regulations relating to and regulating the changing of time schedules of all common car­riers and the bulletining by railroad companies of the arrival and departure of all regular pas­senger trains which may be late.

(g) To regulate, supervise and control all passenger, terminal or union depot companies. whether owned or operated by any railroad in connection with its main line or by separate company organized for that purpose and to require the admission into such union depot or terminal by the owner, lessee or operator thereof of any railroad company which may desire to enter such terminal or union depot or which may be required to do so by order of the said commissioners and to compel the person operating said depot or terminal to furnish to the railroad entering the same fair and equal participation in all the rights, privileges, con­nections, interchanges of traffic and other ben­efits of said depot or terminal and to prescribe and enforce just and reasonable rates for the use of such terminals or depots and the privi-leges thereof. .

(h) To require two or more of the railroads entering the same town, city or point, to erect, operate and maintain a joint passenger or freight or a joint passenger and freight ter­minal or union depot and to provide for the

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Chi 350

interchange of traffic between said railroads. (i) To require railroads and railroad com­

panies to make connections with private side tracks along their respective lines upon rea­sonable terms and conditions.

(j) To regulate the charges for storage, wharfage, demurrage and reciprocal demur­rage.

(k) To regulate and direct the use and charges for use of refrigerator cars, refri­gerator boxes, icing and all other facilities anil services incidental to transportation.

(I) To regulate all other matters pertaining to the receiving, handling, care, transportation and delivery of property, and to the safety, care, comfort, convenience, proper accommoda­tion and transportation of passengers that shall be for the good of the public. The opera­tion of this general grant or of any other general grant of power in this chapter shall not be held to be limited by the grants of specific powers.

(m) To prescribe all rules and regulations appropriate for the execution of any of the powers conferred upon them by law either in express terms or by implication. All rules and regulations made and prescribed by the com­missioners shall be made prima facie evidence in the manner that the schedules are made prima facie evidence. Every rule, regulation, schedule or order heretofore or hereafter made by the commissioners shall be deemed and held to be within their jurisdiction and their powers, and to be reasonable and just and such as ought to have · been made in the premises and to have been properly made and arrived at in due form of procedure and such as can and ought to be executed, unless the contrary plainly appears on the face thereof or be made to appear by clear and satisfactory evidence, and shall not be set aside or held invalid unless the contrary so appears. All presumptions shall be in favor of every action of the commis­sioners and all doubts as to their jurisdiction and powers shall be resolved in their favor, it being intended that the laws relative to the Florida public utilities commiss.ioners shall be deemed remedial laws to be construed liberally to further the legislative intent to regulate and control public carriers in the public interest. If in any proceeding to enforce any rule, reg­ulation, schedule or order, any part thereof shall be found invalid, the court shall proceed to enforce such portion thereof as may be valid if the same can be done.

HistOl'Y.-§6, ch. 4700, 1899; GS 2893; §3, ch. 6527, 1913; RGS 4618; §1, -ch. 8469, 1921; QGL 6703 ; §1, ch. 63-279.

350.13 Applying joint rates to common car­rier; notice; hearing; preventing rebates.­Before applying joint rates to common carriers not under joint management and control, the commissioners shall give thirty days' notice to the carriers of the joint rate contemplated, and of its divisions of the same, and give hearing to the carriers desiring to object to said rates. and shall make just and reasonable rules and regulations to prevent the giving or paying of any bonus, rebate, or device of any description

used by said carriers directly or indirectly for the purpose of deceiving or misleading the public as to the actual rates charged.

History.-§6, ch. 4700, 1899; GS 2894; H, ch. 6527, 1918; RGS 4619; CGL 6704.

350.14 Power to create basing points.-The commissioners may create rating or basing points at places where competing lines of rail­roads meet, or where water or other competi­tion exists, and break the continuity of rates to and from such points, so as to maintain competition between rival lines and points, and may, in fixing the rate upon any commodity, take into consideration the competition between different localities or shipping points produc­ing or shipping such commodity. 67~~story.-§6, ch. 4700, 1899; GS 2895; RGS 4620; CGL

350.15 May establish and abolish shipping points.-The Florida public utilities commis­sioners may establish and abolish stations and shipping points on all railroads and common carriers in this state, for the purpose of com­putation and making of rates in this state, and prohibit the publication of rates to and from any such stations or shipping points as have been abolished by said Florida public utilities commissioners; provided, that nothing herein shall apply to the physical operation of any railroad or railroad train.

IDstor,..-§l, ch. 12220, 1927; CGL 6706; f1, 00. 63-279.

350.16 Commissioners may require neces­sary facilities, service, etc.-The commission­ers may require any railroad, railroad com­pany or common carrier to properly operate its railroad or transportation line and to furnish all the necessary facilities for the convenient and prompt handling, transportation and de­livery of all freights offered along its line for transportation, and provide and prescribe all such rules and regulations as may be necessary to secure such operation and the furnishing of such facilities and the prompt handling, trans­portation and delivery of all freights offered, and may regulate, require and provide for prompt delivery and transfer by any such com­pany or common carrier to any other such com­pany or common carrier within this state of any and all freights consigned or offered for transportation from any point in Florida to any point in Florida whenever such transfer and delivery will afford a shorter or otherwise more available route of transportation than can be given by the company or common car­rier first receiving the freight and shall pro­vide and prescribe and enforce observance of all such rules and regulations as to such prompt delivery and transfer as they may deem neces­sary. Every railroad company shall operate over every part of its line not less than one passenger and one freight train each way daily except Sunday; provided if after hearing and investigation the Florida public utilities com­missioners shall determine that the public need does not require such daily service they shall prescribe such service as in their opinion the pub­lic need does require and such service will be deemed sufficient until the commissioners shall

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

otherwise order. However, nothing herein con­tained shall be held as limiting the right of the Florida public utilities commissioners to re­quire of all railroads and common carriers such greater service as they shall deem to be to the best interest of the public.

HI8tory.-§6. ch. 4700. 1899; GS 2896; §5. ch. 6527. 1913; RGS 4621; CGL 6707; fl. ch. 19177. 1939; §7. ch. 22858. 1945; §1. ch. 63-279.

350.17 Terminal facilities erected on cer­tain lands under jurisdiction of commission­ers.-Any land, including the beach, shore and bottom of any tidal waters of the state, and riparian rights or property, held in trust by the state for the benefit of all the people of the state, and which the state has here­tofore granted to any municipality in the state for the benefit of or aid to commerce or navigation, and which the state or any muni­cipality has granted or leased or in any manner surrendered into the possession or control of any person for the purpose of aiding either interstate or intra-state commerce, and in or upon which any such person has heretofore constructed, or shall hereafter construct, any docks, wharves or other terminal facilities for use by them in connection with any business carried on by them as common carriers, and all railroad tracks used in connection with any such docks, wharves or terminals within the corporate limits of any municipality, are here­by placed under the jurisdiction of the Florida public utilities commission for the purpose of encouraging, aiding and facilitating commerce.

HI810ry.-§1. ch. 6977. 1915; RGS 4622; CGL 6708; i1. ch. 63-279. cf.-11.01 (3) "Person" defined.

350.18 Commissioners may order joint use of terminal facilities.-Whenever the Florida public utilities commission, after a hearing upon its own motion, or upon complaint, shall find that public convenience and necessity, or the need of commerce, require the use by any person, owning, possessing or using any such land, or other such property, or rights for the purpose of constructing, or oper­ating, thereon any such railroads, docks, wharves, or terminals, of the railroads, tracks, docks, wharves, or terminals, or any part there­of belonging to any other person, and pos­se~sed or used by them under any franchise, or other grant by this state, or any of its mu­nicipalities, an'd that such use will not prevent the owners or others in the possession or use thereof from performing their duties as com­mon carriers or otherwise, as required by their franchise or as conditioned in any other grant, nor result in irreparable injury to such owners, or other users of such tracks, docks, wharves, terminals or equipment, or in any substantial detriment to the service, and that such person owning controlling or using any such tracks, docks, ~harves or terminals have failed to agree upon such joint use, or the terms and conditions or compensation for the same, or for making physical connections, the Florida public utilities commission may, after notice and hear­ing to all persons directly affected thereby, order a.nd direct that such connections and use

shall be permitted, and prescribe reasonable compensation, and reasonable terms and con­ditions therefor, and prescribe rules and regu­lations from time to time as may be necessary for such use. That for the purposes of this chapter, the Florida public utilities commission may authorize and require the physical con­nection of the main spur, switch and lateral tracks, owned, or controlled and operated by any persons, including municipal corporations, and used or designed, or available, for use in connection with any dock, wharves, terminals or other property mentioned in §35'O.17.

HI810ry.-§2. ch. 6977, 1915; RGS 4623; CGL 6709; §l. ch. 63-279.

350.19 Construction of §§350.17 and 350.18. -Sections 350.17 and 350.18 are intended to enlarge and extend the jurisdiction, powers and duties conferred upon the Florida public utilities commission, and shall be construed in connection with other provisions of this chapter whenever necessary to effectuate the purpose of this chapter. The provisions of §§350.17 and 350.18 shall not apply in any municipality in or for which a board of port commissioners has heretofore been created nor repeal, limit or affect any powers of any such municipality or of any such port commissioners therein.

HI810ry.-§§3, 4, ch. 6977, 1915; RGS 4624; CGL 6710; iI, ch. 63-279.

350.20 Authority to make rules for separa­tion of races in passenger cars.-The Florida public utilities commissioners may prescribe reasonable rules and regulations relating to the separation of white and colored passengers in passenger cars being operated in this state by any railroad company or other common car­rier. 63~7~~ry.-§2, ch. 5893, 1909; RGS 4625; CGL 6711; §1, ch.

cf.-§352.06 Penalty for violation of rules concerning race sepa-ration on trains.

350.21 May require construction or altera­tion of depots to secure separation of races; rules and regulations.-The Florida public utilities commissioners may require the build­ing or alteration of any and all passenger depots and terminal stations in this state, in such man­ner as to secure the separation of white and colored passengers, as required by §352.16, but said commissioners may, for good cause shown, extend the time for the building or alteration of any such depot for such time as may appear to them reasonable. Said commissioners may prescribe all necessary rules, orders and regu­lations necessary to carry §352.16 into effect. 63~~i7~~ry.-§2, ch. 5619, 1907; RGS 4626; COL 6712; II, ch.

cf.-§352.17 Penalty for violation of separation of races In depots.

350.22 May prescribe length of cattle cars and minimum carload.-All companies trans­porting livestock within the boundaries of the state shall provide, for such transportation of such livestock, properly constructed cars, as set forth in §352.33, of not less than thirty­four feet in length and the Florida public utilities commission shall prescribe the mini­mum carload for cars of such length. 63~w~ry.-§4, ch. 5422. 1905; RGS 4627; CGL 6713; 11, ch.

cf.-§352.35 Penalty for violations of thIs section.

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

350.23 Jurisdiction to enforce provisions of law.-The Florida public utilities commission . shall have full jurisdiction of the provisions of §§350.22, 352.33, 352.34 and 352.36, and en­force the provisions thereof, and make such rules and regulations governing such traffic as to them may seem meet.

Hi.tory.-§5, ch. 5422, 1905; ROS 4628; COL 6714; 11, ch. 63·279. cf.-§352.35 Penalty for violations of this section.

350.24 Violation of regulations as to trans­porting livestock by transportation company. -All transportation companies violating any of the provisions of §§350.22, 350.~3, 352.33 and 352.34 shall be subject to a fine of not over one thousand dollars for violation of any of the said provisions; provided, however, that this section shall not apply to any violation in which the delay or default was caused by acci­dent or providential hindrance.

History.-§6. ch. b422. 1905; RGS 5588; CGL 7774.

350.25 Employment, compensation and duty of inspector of railroads.-The Florida public utilities commissioners shall employ a compe­tent inspector to inspect the physical condi­tion of the roadbeds, right of ways, tracks, depots, rolling stock and other fixtures and equipment of any railroad or railroads being operated wholly or in part in the state, and to investigate and make estimate on cost of re­producing the same.

Such inspector shall be paid such compensa­tion as said commissioners deem proper out of the funds available for the maintenance of the Florida public utilities commission, and he shall report in writing the result of his in­spection, investigations and estimations to the said commissioners at such times and in such manner as they shall direct.

Hi.tory.-§l, ch . 5622, 1907; ROS 4629; COL 6715; 11, ch. 63-279.

350.26 Commissioners shall adopt rules and regulations to insure the safety of roadbeds, right of ways, tracks, etc.-The Florida pub­lic utilities commissioners shall make and adopt reasonable rules and regulations requir­ing railroad companies and other common car­riers operating railroads wholly or in part in the state to maintain the roadbeds, right of ways, tracks, depots, rolling stock, and other fixtures and equipment of such railway lines within the state in a safe and proper condi­tion. Said commissioners shall also prescribe reasonable rules and regulations with respect to the stringing of wires, electric or other­wise, which cross over or under the tracks of any steam railroad, and with respect to the support, maintenance. repair and reconstruc­tion thereof; provided, that before adopting su-:!h rules and regulations there shall be a public hearing before said commission, of which reasonable notice shall be given to all interested parties.

HI.tory.-§2, ch . 5622, 1007; ROS 4630; §1, ch. 0305, 1023; COL 6716; fl, ch. 63-270.

350.27 Construction and maintenance of switches, etc.-The Florida public utilities commissioners shall require all railroad com-

panies operating railroads, either in whole or in part within this state, to construct and main­tain all their switches and switching devices in a safe manner and condition.

HI.to'1.-§3, ch. 5622, 1007; ROS 4631; COL 6717; 11, ch. 63-270.

350.28 Penalty for violation of law; defense of carriers; recovery of penalty; pleadings; evi­dence; fine imposed illegal, etc.-If any rail­road company or other common carrier, oper­ating a railroad wholly or in part in this state, shall refuse to comply with any rate, rule, or­der or regulation provided or prescribed by the Florida public utilities commissioners under the authority of §350.26 or shall violate the provisions of §350.27, such company or common carrier shall thereby incur a penalty for each offense of not more than $5,000.00 to be fixed, imposed and collected by said Florida public utilities commissioners in the manner provided in this section. If any railroad, railroad compa­ny, or other common carrier doing business in this state shall by any officer, agent or employee be guilty of a violation or disregard of any or­der rate, schedule, rule or regulation provided or prescribed by said commission, or shall fail to make any report required to be made under the provisions of this chapter or shall other­wise violate any provision of this chapter, such company or common carrier shall thereby incur a penalty for each such offense of not more than $5,000.00, unless otherwise provided, to be fixed and imposed by said commissioners after not less than ten days' notice of the charge of such violation or disregard of such order, rate, schedule, rule or regulation or fail­ure to make report or other violation or disre­gard of the provisions of this chapter, and upon which charge such company or common carrier shall have had an opportunity to be heard by said commissioners.

The common carrier charged shall file its defense or defenses in writing under oath, spe­cifically setting forth each particular defense. The commissioners may permit amendments to charges and defenses upon such terms and con­ditions, and with such postponements of hear­ing, if any, as in their opinion the ends of justice may require. They may also adopt rules to regulate the proceedings before them.

The said penalty in the amount so imposed, if not promptly paid to the state treasurer, shall be recovered with interest thereon from the date of the order in a civil action brought by the said commissioners in the name of the state in any county in the state where such violation has occurred, or in any other county through or in which such common carrier runs or does business.

The complaint shall be deemed sufficient if it recites fully or sets forth the said order on which the suit is brought, with an averment that the defendant is indebted to the plaintiff thereon in the amount of the penalty imposed with interest as aforesaid.

In such cases there shall be no general is­sues, but the answer shall specifically set forth the particular defense or defenses to the action;

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch.350

and no defense which existed prior to the day of hearing before the commissioners, and which was not made before them, shall be permitted . to stand as a defense in the action.

The fact of the fixing and imposing of such fine by the commissioners shall constitute prima facie evidence of everything necessary to create the liability or require the payment of the fine or penalty as fixed and imposed, and to authorize a recovery thereon in any suit brought by the commissioners, and a copy of the entry in the minute book of the commis­sioners of the order fixing and imposing such fine or penalty, certified by the chairman of the board of Florida public utilities commissioners, shall constitute prima facie evidence of the fact that such fine or penalty was fixed and imposed by the commission.

Every fine when imposed by the commission­ers shall be a lien upon the railroad, equip­ment, boats and real property of the common carrier on which it is imposed except such real property as is not used in the business of transportation.

If any railroad, railroad company or other common carrier doing business in this state shall claim that any penalty sought to be im­posed upon it under the provisions of this sec­tion unlawfully deprives said railroad, railroad company or other common carrier of its prop­erty or property rights without due process of law, said railroad, railroad company or other common carriers shall have the right by an­swer to assert such defense in any suit brought under this section, and if the court shall find that the answer is well founded in law and fact it shall enter judgment for the defendant.

An answer filed as a defense upon the ground that the enforcement of the penalty will un­lawfully deprive the defendant of its property without due process of law shall be as full and particular in averment as would be essen­tial if pleaded as in a suit in equity seeking an injunction to restrain the enforcement of the acts for which the penalty is sought to be imposed and the courts shall have the power to render such judgment in said action as might be necessary to give said defendant the full benefit of its constitutional rights in the premises.

In all such cases the burden of establishing such last mentioned defense or defenses shall be upon the defendant and the same shall be required to be established by such defendant by a preponderance of the evidence.

A proceeding under §350.36 shall be a bar to a like proceeding under this section and a pro­ceeding under this section shall be a bar to a like proceeding under §350.36.

Hlstory.-§12, ch. 4700, 1899; GS 2908; §12, ch. 6527, 1913; RGS 4645; §4. ch. 12218. 1927; CGL 6731; §36. ch. 29737, 1955 ; §1. ch. 63-279. cf.- §350.56 . Additional penalties.

350.29 Action commenced. - The commis­sioners shall institute such action through the attorney general or state attorney, who shall not require other fees than those they now re­ceive by law, or by special counsel employed by the commissioners and attorney general, as

provided in this chapter, the fees of which spe­cial counsel shall be fixed and allowed by the commissioners and the attorney general as may seem to them reasonable and just; and any and all expenses of litigation and proceed­ings under the provisions of this chapter may be by the commissioners allowed and paid, and in the event of recovery of any such fine or penalty may be paid out of any moneys recov­ered under the provisions hereof, and the bal­ance of any moneys so recovered shall be, by the state treasurer, put to the credit of the Florida public utilities commission to meet any of the expenses of said commission and the cost of carrying out and enforcing the provi­sions of this chapter. The commissioners shall have the right to suspend, reduce or remit any fine or penalty so imposed, and may suspend, reduce or remit the same on such terms or con­ditions as may be fixed by them.

Hlstory.-§13, ch. 4700, 1899; GS 2909; RGS 4646; CGL 6732; §I, ch. 63-279.

350.30 May employ special counsel. - The Florida public utilities commissioners may employ special counsel to advise them and to conduct any or all litigation or proceeding of any character instituted by or against them, and such special counsel shall be paid such compensation as said commissioners deem proper out of the funds available for the main­tenance of the railroad and public utilities commission.

Blstory.-§I, ch. 5620, 1907; RGS 4647; CGL 6733; U, ch. 63-279.

350.31 Conducting suits.-All suits institut­ed by the Florida public utilities commission­ers through special counsel shall be conducted as now provided by law, and the attorney general or any state attorney shall join in any such suit when requested to do so by said commissioners.

Blstory.-§2, ch. 5620, 1907; RGS 4648; CGL 6734; §1, ch. 63-279.

350.32 Power to sue in behalf of individ­uals; damages for discrimination: limitation of actions.-If any railroad, railroad company or other common carrier, doing business in this state shall, in violation or disregard of any rule, rate or regulation provided by the commissioners aforesaid, inflict any wrong or injury upon any person, the Florida public utilities commissioners if requested by such in­jured person shall institute proceedings to compel restitution; and such action by the Florida public utilities commission shall preclude any set­tlement by the party or parties injured without the consent of the commission.

If any railroad company or common carrier shall discriminate, by way of rebate or other­wise, directly or indirectly, in favor of any consignor or consignee of freights within this state, or allow him a reduction of the rate fixed by said commissioners as reasonable and just, any other consignor or consignee of freights within this state shall have a right of action against the said railroad company or common carrier, and the amount of his ' damages shall be fixed by a jury, unless a jury shall be waived, and the measure of damages shall be such sum or sums of money as will fairly

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

compensate the injury done to said last men­tioned consignor or consignee.

In all such cases demand in writing on said railroad, railroad c0!1lpany or common carrier shall be made for the money damages sus­tained before suit is brought for recovery un­der this section.

All suits under this chapter shall be brought within two years after the commission of the alleged wrong or injury, except in cases where the Florida public utilities commissioners have heretofore been or shall hereafter be, by re­fusal of such railroad or common carrier to observe the rates, rules, schedules or regulations by the Florida public utilities commissioners, compelled to resort to suits to enforce such rates, rules, schedules or regulations, and in such cases suits for such loss, damage, or penalty may be brought within twelve months after the termina­tion of such suits in favor of the Florida public utilities commissioners.

History.-§13, ch. 4700, 1899; §1, ch. 6624, 1907; §13, ch. 6527, 1913; RGS 4649; CGL 6735; §1, ch. 63-279.

350.33 Rights of injured persons.-Any per­son from whom any moneys shall have been exacted by any such company or common car­rier in excess of the amounts properly charge­able under the provisions of this chapter, and any person who shall have suffered any pe­cuniary injury by the violation of any such company or common carrier of any provisions of this chapter, shall have the right, by writ­ten demand, to require the commissioners to enforce recovery of his damages, or may upon failure of the commissioners to institute suit therefor within ninety days after such written demand, institute suit in his own name against any such company or common carrier in any court of competent jurisdiction in the county in which the cause of action arose, or in any county in the state through or in which such company or common carrier runs or does bus­iness; and any such person upon establishing his right of recovery, shall be entitled to re­cover the total amount of such overcharge or other pecuniary injury, with interest thereon, together with such additional amount as the jury may find necessary to reasonably com­pensate him for all expense, including the val­ue of his own time and services, and all rea­sonable cost and attorneys' fees incurred in the recovery of such damages, and such right of action shall exist in the legal representa­tives or assignee of any such person.

Hlstory.-§13, ch. 4700, 1899; GS 2911; RGS 4650; CGL 6736.

350.34 Additional expense account of ap­peal and delay; parties to actions.-In the event of an appeal after the judgment for such recov­ery the appellate court shall, upon an affirma­tion of such judgment allow and adjudge or require to be allowed and adjudged, the pay­ment of such additional amount as may be necessary to reasonably compensate the plain­tiff for all such additional expenses as may be incident to the appeal and delay.

Any such action or any other action insti-

tuted by the Florida public utilities commis­sion shall be in the name, except as herein other­wise provided, of the Florida public utilities commissioners without using their individual names, and the recovery had thereon shall be held by such commissioners and applied to the use of the party or parties so injured.

Such commissioners may unite in one action the claims of different persons by whom they may be requested to institute such suits where ' such claims are of the same character and against the same defendant.

Hlstory.-§13, ch. 4700, 1899; GS 2912; RGS 4651; CGL 6737; §7, ch. 22858, 1945; §1, ch. 63-279.

350.35 Rules of evidence.-In all cases un­der the provisions of this chapter the rules of evidence shall be the same as in civil ac­tions, except as herein otherwise provided, The remedies hereby given the injured person shall be regarded as cumulative to the remedies now given by law against railroads, railroad corporations and common carriers, and this chapter shall not be construed as repealing any statute giving such remedies; provided, that making recompense to any person or cor­poration for wrongs or injuries done them by any railroad, railroad companies or other com­mon carriers shall not prevent the commission­ers from enforcing penalties for any violations of rules, regulations or rates.

Hlstory.-§14, ch. 4700, 1899; GS 2913; RGS 4652; CGL 6738.

350.36 Penalties; proceedings to recover.­Every common carrier, railroad, street rail­road, railroad corporation, street railroad cor­poration, express, telephone, telegraph, and terminal company or corporation within the state, and all other corporations, companies, or persons coming under the provisions of this section, or of any other law relating to the Florida public utilities commissioners, and any officers, agents, and employees of the same, shall obey, observe, and comply with every or­der made by the Florida public utilities com­missioners under authority of law.

Any common carrier, railroad, street rail­road, railroad corporation, street railroad cor­poration, express, telephone, telegraph, or ter­minal company or corporation. or any other corporations, companies, or persons coming un­der the provisions of this section, which shall violate any provision of this section or the laws heretofore passed, or hereafter passed, or now in force, or which fails, refuses, or neglects to obey, observe and comply with any order, direction or requirement of the Florida public utilities commissioners hereto­fore or hereafter passed, shall forfeit to the state a sum of not more than five thousand dol­lars unless otherwise provided for each and ev­ery offense, the amount to be fixed by the pre­siding judge. Every violation of the provisions of this section or any preceding law, or of any such order, direction, or requirement of the Florida public utilities commission shall be a separate and distinct offense.

An action for the recovery of such penalty

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

may be brought in the county of the principal office of such corporation or company in this state, or in the county of the state where such violation has occurred and wrong shall be perpetrated, or in any county in this state through which said corporation or company operates, or, where the violation consists of an excessive charge for the carriage of freight or passengers or services rendered, in any county in which such charges are made or through which it was intended that such pas­sengers or freight should have been carried or through which such corporation operates, and shall be brought in the name of the state by direction of the Florida public utilities com­missioners.

Any procedure to enforce such penalty shall be triable the first term of the court at which it is brought and shall be given precedence over other civil business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of, without the consent of counsel representing the state as plaintiff.

Any judgment in any such case may be tak­en by either party to the cause to the ap­propriate district court of appeal for review in the manner and within the time provided by the Florida appellate rules for reviewing judgments rendered by circuit courts in actions at law.

The complaint in any case shall be deemed sufficient if it shall allege the making of an order or rule, regulation, requirement or direc­tion against the defendant, and that such de­fendant has failed, neglected or refused to obey the same.

In such cases there shall be no general issues, but the answer shall specifically set forth the particular defense to the action, and no defense other than by answer specifically setting forth all of the facts to show a par­ticular defense to the action shall be permitted in the action.

Suits may be brought and instituted under this section by counsel employed by the Florida public utilities commission under the authority of §350.30 and such counsel by and with the consent of said Florida public utilities commis­sioners may compromise and adjust with the defendant the amount of any penalties sought to be recovered.

All suits brought under this section shall be subject to the provisons of §350.31 relating to the conduct of suits by or on behalf of the Florida public utilities commissioners, and the same legal presumptions shall prevail as in pro­ceedings under §350.28.

Hlstory.-§4. ch. 5622. 1907; §3. ch. 12218. 1927; RGS 4632; CGL 6718 ; §2. ch. 29737. 1955; §1. ch. 63-279; §23. ch. 63-559.

350.37 Power to require delivery by short­est and most available route.-The commis­sioners may regulate, require and provide for delivery of such freight by the shortest or most available route and no such company or common carrier shall charge more compensa­tion for the transportation of freight or pas-

sengers over an unnecessarily long route than would be a just and reasonable charge for the transportation of the same by the nearest available route, whether the nearest available route be over one railroad or line of transpor­tation or over more than one; provided, that when a carrier for the purpose of shortening the distance as compared to the existing route, and for improvement in service to the public, shall have completed within the last five years, or may hereafter construct, a shorter route that does or will reduce the distance between any two or more points in the state not to exceed thirty miles and continues to operate both the new and the old routes such car­rier shall be permitted to charge for the transportation of passengers and freight over said shorter route the same rates and fares as were theretofore legally applicable over the longer route, for a period of five years from the time said shorter route was placed in operation, and upon the expiration of said period of time the Florida public utilities commission may, in its discretion, permit said carrier to charge for the transportation of pas­sengers or freight or both over the shorter route the same rates and fares as were theretofore legally applicable over the longer route, and where the distance between any two or more points in the state shall, subsequently to June 4, 1927, by the construction by any carrier of a shorter route, be reduced by more than thirty miles and said carrier continues to operate both the new and the old route, then, in that event the commissioners may, in their discretion, permit said carrier to charge for the transportation of passengers and freight over the last named shorter route the same rates and fares as were theretofore legally applicable over the longer route.

Hlstory.-§6. ch. 4700. 1899; GS 2897; RGS 4633; §t. ch. 12219. 1927; COL 6719; §l. ch. 63-279.

350.38 Construction of §350.37; waiver by carrier.-Nothing contained in §350.37 shall be construed as affecting any principle of rate making, except when and as applied to a sit­uation described in said section.

Any carrier or carriers may file with the Florida public utilities commission a disclaim­er or waiver, waiving the provisions of §350.37 and this section, with respect to either freight or passenger rates, or both, over any such reduced route or routes affected by the terms of said sections; and, in that event, the rates as to which such disclaimer or waiver shall be filed shall not be affected by the provisions of §350.37.

Hlstory.-§6. ch. 4700, 1899; GS 2897; RGS 4633; §§2. 3. ch. 12219. 1927; CGL 6719; §l. ch. 63-279.

350.39 To furnish common carrier with schedule of rates; evidence; revision of rates. -Said commissioners shall make and furnish to each common carrier doing business in this state, as soon as practicable, a printed or writ­ten schedule of just and reasonable rates and charges for transportation of freights, pas­sengers and cars on its transportation lines under its control or management, and such

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

schedule, certified by the chairman of the com­missioners, shall be admitted in evidence without necessity for other proof, and shall in all suits brought against any common carrier wherein is involved the rates of any common carrier for the transportation of freight of any description or charges for the transportation or use of any kind of car upon the tracks of any railroad or of any of the branches thereof, or for the transportation of passengers, or for any unjust discrimination, in relation thereto, be deemed and taken in all the courts of this state as prima facie evidence that the rates fixed in such schedule are just and reasonable rates of charges for the transportation of freight, cars and passengers upon the trans­portation lines of said carrier; and said com­missioners shall, as often as circumstances may require, change or revi~e any. schedl!le a~d furnish all common carners dOIng bUSIness In this state with notice of such changes or re­visions, and such notice shall state the time when such changes or revisions shall go into effect.

History.-§8, ch. 4700, 1899; GS 2899; §6, ch. 6527, 1913; RGS 4635; CGL 6721.

350.40 Notice to common carriers before changing rates.-The said commissioners, be­fore changing, revising, fixing, adopting or al­lowing any such schedule or prescribing any such rules and regulations, shall give public notice of their intended action in such news­papers and for such time as shall be deemed fair and reasonable by said commissioners to all common carriers to be affected and to the public generally, of the times and places of their meetings and all common carriers and persons interested shall be entitled to a just and fair hearing before said commissioners, and whenever any full schedule shall have been made changed or revised, adopted or allowed, or ar:y rule or regulation prescribed as afore­said the commissioners shall in every instance give' the date on which the same will go into effect.

History.-§8, ch. 4700, 1899; GS 2900; §7, ch. 6527, 1913; RGS 4636 ; CGL 6722.

350.41 Publication of notice may be dis­pensed with.-Where the public interest does not require that public notice shall be given in a newspaper, such publication may be omit­ted, and the commissioners shall give personal notice to the common carriers and other par­ties interested. The commissioners shall fur­nish to all of said railroad companies notice for the building of such freight and passenger depots, houses and platforms and to all said water carriers notice for the building of such landings, wharves and houses, and to all com­mon carriers notice of such changes of sched­ule for the arrival and departure of all trains and boats as may in the judgment of the com­missioners be required to secure close con­nection between railroads or between railroads and water carriers or between water carriers, for the convenience and comfort of the public, and all courts in this state shall only require

proof that such notices were duly served. Hlstory.-§8, ch. 4700, 1899; GS 2901; 08, ch. 6527, 19IB;

RGS 4637; CGL 6723.

350.42 Commissioners not to discriminate in classes of freight.-Said commmissioners in changing, revising, fixing, allowing or adopt­ing any schedule of rates for freights or cars shall not discriminate unreasonably or unjustly in favor of anyone class of freight to the detriment of other classes of freight.

Hlstory.-§8, ch. 4700, 1899; GS 2902; RGS 4638; CGL 6724.

350.43 Schedules and rate sheets open to public. - The common carriers affected shall furnish at their own cost and shall keep open to public access in such manner as may be directed by the commissioners their schedules and rate sheets and shall also post within their depots, cars, landings or boa!s suc~ notices re­lating to the conduct of theIr bUSIness as the Florida public utilities commissioners may pre­scribe by rule or regulation.

Hlstory.-§8, ch. 4700, 1899; GS 2903; 09, ch. 6527, 1918; RGS 4639 ; CGL 6725 ; §l, ch. 63-279.

350.44 Inspection of accounts and records of common carriers; production of books and records, etc.-The commissioners or either of them or such person as they may employ for the purpose may inspect the accounts, books, records and papers of any description of any common carrier subject to their jurisdiction and they may make personal visitation of rai!­road offices, stations and other places of bUSI­ness within or without the state for the pur­pose of such examination; provided, that any person other than one of said commissioners who shall make the demand for inspection of the books and papers shall produce his au­thority in writing from the said commission­ers. The commissioners may require by order or subpoena the production within this state at such time and place as they may designate of any accounts, books, records and papers of any description kept by such common car­riers in any office or place without the state, or verified copies in lieu thereof if the com­missioners shall so order in order that an ex­amination thereof may be made by the com­mission or under its direction.

Hlstory.-§9, ch. 4700, 1899; GS 2904; §10, ch. 6527, 1913; RGS 4640 ; CGL 6726.

350.45 Power to examine officers and em­ployees of common carriers under oath; com­pelling reports; reports of accidents; passes, tickets, etc.-The commissioners, or any per­son employed by them for the purpose of making examination, may examine all officers, agents or employees of any common carrier under oath in relation to its organization, property, business and affairs or the operation of its line. They may at any time, stated or otherwise, call on any common carrier for reports under oath or otherwise, of any matter or thing, or giving apy information concerning such organization. property, business or af­fairs and operation of such power is not limited by the fact that the same subject may be em-

~h. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

braced in the annual report, and they may re­q'uire railroad companies or common carriers to report by divisions either in the annual or special reports. All common carriers shall report, as required by the commissioners, all accidents, wrecks, derailments and explosions which occur on their respective lines, with such particulars and in such form as the commissioners may prescribe, but no such re­port shall be competent evidence in any court against the common carriers making it in any court.

All common carriers shall also report, when­ever so required to do by the commissioners, a verified list of all passes, tickets and mileage books issued free or for other than actual bona fide money consideration at full, estab­lished rates, together with the names of the recipients thereof, the reason for issuing the same, the points of origin and destination and the amounts received therefor or the consid­eration thereof. This provision shall not apply to the sale of tickets at reduced rates open to the public, but embraces all other free or re­duced transportation whatsoever not open to the public.

History.- §9, cb. 4700, 1899; GS 2905; §11, cb. 6527, 1913; RGS 4641 ; CGL 6727; §1, ch. 14500, 1929,

350.46 Railroad companies to have black boards to post mark and brand of cattle killed; penalty.-Every railroad company or person operating a line of railroad or running cars or trains in this state, shall have prepared black boards with the words "Marks and Brands" painted in large white letters across the top of each black board, and shall have one of such black boards placed in an accessible and con­venient place at each depot on their resP7ctive roads or division of roads. Any such raIlroad company or person failing to comply with the provisions of this section shall be fined not more than twenty-five dollars for each failure to comply.

Hlstory.-§l, ch. 4431. 1895; GS 3644; RGS 5580; CGL 7766.

350.47 To keep a record of and publish marks and brands of cattle killed or injured; penalty.-Every person operating any railroad in this state, shall keep a record, in a book for that purpose, at the nearest depot, of the ear marks and brands and flesh marks and descrip­tion of all live stock killed or injured by trains operated by them, stating the number of mile post nearest to where such stock was killed or injured, which said record book shall be, at all times, open to the inspection of the public. Where said railroad is not fenced, the person operating said road, shall publish one time in some newspaper, published at the county seat of the county in which such stock was killed or injured, the ear marks and brands and fle sh marks and description of said stock. Any per­son failing to comply with any of the provisions of this section, shall be punished by a fine not exceeding one thousand dollars, or imprison­ment not exceeding six months.

History.- §§i-3, cb. 5021, 1901; GS 3645; RGS 5581; CGL 7767.

350.48 Engineer to report killing or injury to livestock; penalty.-Every engineer, or other per son in charge of an engine or train of cars by which any livestock is killed or injured shall report by telegraph or otherwise, not later than twenty-four hours after such killing or injury, to the supervisor or roadmaster on whose division of railroad such stock may be killed or injured, the killing or injury of such stock; such report to specify the place of killing or injury by stating the same to be north or south, east or west, of the nearest mile post to where such stock was killed or injured. Any engineer or other person in charge of an en­gine or train by which livestock is killed or in­jured, who fails to report as provided for in this section, shall be fined not more than twen­ty-five dollars for each such failure. 77~~story.-§2, ch. 4431. 1895 ; GS 3646; RGS 5582; CGL

350.49 Duty of supervisor relative to live­stock killed or injured; penalty.-Each super­visor or roadmaster of each railroad or division of railroad in this state shall keep a book in which reports of stock killed or injured made as provided by law shall be set down as soon as may be after the receipt of such reports. The full particulars of such report shall be set down in such book, together with the name of the en­gineer or other person making the report. Whenever any such supervisor or roadmaster shall receive report s of stock being killed or injured on their r oads or division of roads, as herein provided for. he shall see that a report of such killing or injury is written or printed on white paper and posted on the blackboards provided for by §350.46. at the depot nearest to the place of the killing or injury, not later than forty-eight hours after the receipt by him of such report. Such report so posted shall give as full description of such live stock as such supervisor or roadmaster is able to give, and shall state as near as may be the place where the same was killed. Any such super­visor or roadmaster who fails to comply with the provisions of this section shall be fined not more than fifteen dollars for each such failure to comply.

H lstory.-§3, ch , 4431, 1895; GS 3647; RGS 5583; CGL 7769; §7, ch. 22858, 1945.

350.50 Duty of section boss relative to live­stock killed or injured; penalty.-Every section boss or railroad track foreman employed upon a railroad in this state, whenever he shall find or shall know of any live stock that has been killed or injured by any engine or cars upon his section of railroad. shall post a notice writ­ten on white paper, on all the blackboards pre­pared for that purpose on his section, giving the marks and brands, color, sex, kind, and, as near as possible, the weight and age of such livestock so killed or injured, and also the name of the owner when kn own. Such notice shall be kept posted on such black board for at least sixty days. Such section boss or track foreman shall keep a book in which he shall record the marks and brands, color. sex and kind of all

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

stock killed or injured on his section, the name of the owner when known, and the date and place where such stock was killed or injured. Such section boss or track foreman shall ex­pose such book for inspection to any citizen of this state at any time when he is requested to do so. Any section boss or track foreman failing or refusing to comply with the require­ments of this section shall be fined not more than twenty-five dollars for each failure to comply.

Hlstory.-§4, ch. 4431, 1895; GS 3648; RGS 6684; CGL 7770.

350.51 Disposition of carcass; penalty.-Any section boss, track foreman or other person who moves, burns, buries, or otherwise disposes of any carcass of any stock found on any railroad in this state before the marks, brands, color and sex have been recorded as provided for in this chapter shall be fined not more than two hun­dred dollars.

Hlstory.-§6, ch. 4431, 1896; GS 3649; RGS 6586; CGL 7771.

350.52 Applies to all railroad companies.­The provisions of §§350.46-350.51 shall apply to all railroads in this state whether operated by one or more companies or owners, and where more than one company is operating or running its trains over the same road, the company owning the said road shall make settlement to the owner for all stock killed or damaged and the same shaIl be a charge against the company whose train kills or dam­ages such stock.

Hlstory.-§7, ch. 4431, 1896; GS 3650; RGS 5586; CGL 7772.

350.53 Railroads to make reports, etc.-Ev­ery railroad, railroad company and common carr~er incorporated or doing business in this state, or which hereafter shaIl become incor­ated or do business in this state shaH, annually on or before August 1 transmit to the office of the Florida public utilities commissioners a fuIl and true statement under oath of the proper officers of said corporation, of the affairs of such corporation, company or common carrier as the same existed on the first day of the preceding July, specifying, (1) The amount of capital stock subscribed, the number of shares, and the par value thereof. (2) The name of the owners of its stock, and the amount owned bv them respectively, and the residence of each stockholder as far as known. (3) The amount of stock paid in and by whom. (4) The amount of assets and liabilities. (5) The names and places of residence of its officers. (6) The amount of the funded or bonded debt. (7) The amount of floating debt. (8) The estimat­ed value of the roadbed, including iron and bridges. (9) The estimated value of rolling stock. (10) The estimated value of stations and buildings. (11) The estimated value of other property. (12) The length of single track on main line. (13) The length of double track on main line. (14) The length of branch­es, stating whether they have double or single

track. (15) The aggregate length of siding and other tracks above enumerated. (16) The number of tons of through freight carried dur­ing the year preceding the making of the re­port. (17) The number of tons of local freight carried during the same time. (18) The month­ly earnings for the transportation of passeng­ers during the same time. (19) The monthly earnings for the transportation of freight dur­ing the same time. (20) The amount of ex­pense incurred in the running and management of passenger trains, in the running and man­agement of freight trains and in the running and management of mixed trains during the same time. (21) The expenses incurred in the running and management of the road, includ­ing the salaries or compensation of general officers for the same time, which shall be re­ported separately in detail. (22) The amount expended for repairs, including maintenance of roadways, repairs and removal of bridges, ties and iron. (23) The amount expended for other improvements not included in the last subdivision. (24) The amount expended for motive power, cars, stations, houses, and all other buildings and fixtures, including all other expenditures in the management and run­ning of said road. (25) The rate of fare for passengers for each month during the same time; through and way passengers separately. (26) The tariff of freights, showing the chang­es of tariff, if any during the same time. (27) A copy of each published rate of fare for passengers and tariffs of freights, issued for the government of its agents during the same time, and whether the rate of fare and tariff of freight in such published lists are the same as those actually received by the company, and if not, what were received. (28) What express companies run on its road and on what terms and conditions, and the kind of business done by them. (29) What freight and transportation companies run on its roads and on what terms, and whether such freight and transportation companies use the cars of the railroad com­pany, or cars furnished by themselves. (30) Whether the freight or cars of such transpor­tation companies are given any preference in speed or order of transportation, and if so, what. (31) Number of free passes issued during same time and to whom. (32) What running or traffic arrangements it has with other railroad companies. (33) What amount of land was granted them by the state and by the United States; how much of said land has already been actuaIly conveyed by deed; how much land is still due them; how much land has been sold, and what has been the gross re­ceipts from such sales of lands since granted by the state and the United States; and answer such additional interrogatories as such com­missioners may make and propound t.o the said railroad and express companies; and this sec­tion shall apply to the president, directors and general officers of every railroad and express company now existing, or which shaH here­after be organized and exist in this state, and to every lessee, manager or operator of any

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

railroad and express line within this state. 67~~s:f,r~h--:-3}~:i7ih. 4700. 1899; GS 2906; RGS 4642; CGL

cf.-Ch. 195 Taxes upon railroads and pullman and express companies.

350.54 Railroads to make annual reports.­All common carriers subject to the provisions of this chapter shall make to the Florida pub­lic utilities commissioners annually, at such time as said commissioners shall designate, and in ac­cordance with such forms as said commissioners shall prescribe, annual reports for the current year ending December 31, immediately preced­ing, which shall contain a statement of the organ­ization, capitalization, traffic earnings and such other matters connected with their organiza­tion and operations as said commissioners shall require, which said reports shall be verified by affidavits of the principal officers thereof, and said commissioners shall tabulate and file said annual reports, and include them in their annual report to the governor.

History.-§20, ch. 4700. 1899; GS 2920; §l. ch. 7341. 1917; ROS 4660; COL 6746; §1, ch. 63-279.

350.55 Contracts to be submitted to com­missioners for approval.-All contracts and agreements between any and all railroads, rail­road companies and common carriers doing business in this state, as to rates of freight and passenger tariffs, use and transportation of cars, shall be submitted to said Florida public utilities commissioners for inspection and correction, that it may be ascertained as to whether or not they are reasonable and just and will insure prompt delivery of freight and pas­sengers to points of destination, or the violation of any section of this chapter, and said commis­sioners shall have power to revise and correct the same and to make such rules and regulat,ons in accordance therewith as they may deem nec­essary, which said rules and regulations shall be observed and obeyed by said railroad, rail­road companies and common carriers as other rules and regulations of this chapter; and any such agreement not approved by said commis­sioners shall be deemed illegal and void.

Hlstory.-§l1, ch. 4700. 1899; GS 2907; RGS 4643; CGL 6729; iI, ch. 63-279.

350.56 Long and short haul; special cases; reduction and increase of rate in competition with water route; application to change rate; penalty; liability of carrier; proviso.-No rail­road company engaged in the business of com­mon carrier of freight in the state, shall charge or receive any greater compensation in the aggregate for the transportation of freight of any nature for a shorter than for a longer distance over the same line or route in the same direction, the shorter, being in­cluded within the longer distance, or charge any greater compensation as a through route than the aggregate of the intermediate rates, subject to the provisions of this section; but this shall not be construed as authorizing any common carrier, within the terms of this section, to charge or receive as great compen­sation for a shorter as for a longer distance; provided, however, that upon application to

the Florida public utilities commissioners such common carrier may in special cases after in­vestigation, be authorized by the Florida public utilities commissioners to charge less for longer than for shorter distances for the trans­po!~a~ion of !re,ight, and the Florida public utIlItIes commIsSIoners may, from time to time prescribe the extent to which such designated c?mmon c~rrier .may be relieved from the opera­tIon of thIS sectIOn. Whenever a carrier by rail­road shall, in competition with a water route, re­duc.e the rate on the carriage of any species of freIght to or from competitive points it shall not be permitted to increase such rates ~nless after he.ar!ng by. the Florida public utilities' com­!llissIOners, It shall be found that such proposed mcrease rests upon changed conditions other than the elimination of water competition. No rates or charges shall be required to be changed by reason of the provisions of this section in any case where application shall have been filed before the Florida public utilities commissioners in ac­cordance with the provisions of this section un­til a determination of such application by the Florida public utilities commissioners.

If any railroad company shall violate any of the provisions of this section, or any rule order or regulation prescribed by the Florid~ public utilities commissioners under the au­thority of this section, such company or common carrier shall thereby incur a penalty for each offense of not more than five hundred dollars to be fixed, imposed and collected by the Florida public utilities commissioners in the manner pro:,ided in §350.28. In case any common carrier subject to the provisions of this section shall do cause to be done, or permit to be done any act' matter or thing in this section prohibited or de: clared to be unlawful, or shall omit to do any act or thing in this section required to be done such common carrier shall be liable to the pers~n in­ju!ed t~ereby for the full amount of damages sus­tamed m consequence of any such violation of the provisions of this section, and shall thereby incur a penalty of one hundred dollars for each such offense, recoverable by the injured party, together with a reasonable counselor attorney's fee, to be -fixed by the court in every case of recovery. This attorney's fee shall be taxed and collected as part of the costs in the case. This section shall not apply to commerce among the several states. 63~~:.ory.-§§1-5, ch. 6523, 1913; ROS 4644; COL 6730; iI, ch.

350.57 Duplicate freight receipts; liability of initial carrier; recovery by initial carrier' may prescribe forms of bills of lading.-Ali commo~ carriers ~n this s~ate shall, upon de­mand. Issue duplIcate freIght receipts to all shippers of freight in which shall be stated the class or classes o~ freight shipped, freight charges o~er the Ime of the carrier issuing such receIpts, and as far as is practicable shall state the charges upon the same over the c.onnecting lines transporting such freight, an~ m al,l cases the carrier receiving such freIght shIpped shall be held in all the courts

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

of this state as responsible for the prompt and safe delivery of same to its point of destination within a reasonable time re­quired for its transportation, which reasonable length of time shall be determined after due investigation by said Florida public utilities commissioners. When the consignee of such freight presents the carrier's receipt to the agent of the carrier last transporting such freight, such agent shall deliver the articles shipped upon the payment of the rates charged for the class of freight as stipulated in said receipt. If any com­mon carrier shall violate this section it shall incur a penalty to be determined as provided for in this chapter.

No contract, receipt, rule or regulation shall exempt the initial common carrier from the liability hereby imposed. The common carrier issuing such freight receipts or bills of lad­ing shall be entitled to recover from the com­mon carrier on whose line the delay, damage, loss or injury shall have been sustained, the 'lmount which it may have been required to pay to the owners of such property, as may be evidenced by any receipt, judgment or trans­cript thereof.

The commissioners may prescribe the form or forms of freight receipts or bills of lading. R~I~~~?'ccn5i;7j~;' nO~hl:~~2;79GS 2914; 114, ch. 6527, 1913 ;

350.58 Annual report to governor. - The commissioners shall, by the first day of March in every year, make to the governor annual re­ports of all transactions of their office, includ· ing an itemized statement of penalties imposed and fines collected, and recommend from time to time such legislation as they may deem ad­visable. 67~~story.-§16, ch. 4700, 1899 ; GS 2915; RGS 4654; CGL

350.59 Powers to issue certain writs.--Said Florida public utilities commissioners in mak­ing any examination for the purpose of ob­tainil!-g information pursuant to this chapter, may Issue summons, subpoenas, subpoenas duces tecum or other writs for the attendance of wit­nesses by such rules as they may prescribe, and such witnesses shall receive for such attendance same fees and mileage as now allowed witnesses by law in the circuit court, to be ordered paid by the governor upon presentation of subpoena, ac­companied by affidavit of the witness as to the number of days served and miles traveled, made before the clerk of said commissioners, who is hereby authorized to administer oaths. In case any person shall refuse or willfully fail to obey such subpoena, subpoena duces tecum or other writ issued by commissioners, the said commissioners may issue an attachment for such witness and compel him to attend before the commissioners and give his testimony upon such matters as shall be lawfully required by such commissioners; to bring and produce such books or papers or documents required of such person, and said commissioners may punish for contempt as in cases of refusal to obey the

orders and process of the circuit court of the state.

History .-§17, ch . 4700, 1899; GS 2916; RGS 4655; CGL 6741 ; §1, ch . 63-279 . cf.-§!Ju .14 \\ ill1 es"~s; p" y .

§932.03 Contempt (criminal).

350.60 May administer oaths; witnesses; examiner; report; service of subpoenas, no­tices, etc.-In making any investigations or examinations pursuant to this or any other section of this chapter each Florida public utilities commissioner may administer oaths or affirmations, and in such examinations or inves­tigations no person called upon to testify shall be excused from answering on the ground or claim that his testimony would tend to incriminate him­self; but such testimony shall not be used against him in any criminal proceeding. The said commissioners may appoint anyone of their number, or designate in writing an ex­aminer, to make investigations or examinations outside of their office and such member in making such investigation or examination is hereby invested with the same power as the full board would have. The commissioner so appointed shall report to a full board the re­sult of his investigation. The secretary of said Florida public utilities commission is hereby authorized to serve any subpoena, notice or other process or other paper iSl:sued by the commission­ers and required by them to be personally served (which service may be by registered mail), and the sheriffs in the different counties in this state shall make such service, and execute all process or orders when required by the commissioners; said sheriffs to be paid the same fees as are allowed them by law for s imilar services.

Hlstory.-§17, ~h. 4700. 1899 : GS 2917; §I5, ch. 6527, 1913; ROS 4656; COL 6742 ; §1, ch . 63-279. cI.-§ 1.01 (13) defines registered mall to Include certltled mall with return receipt requested .

350.61 Power to declare and punish con­tempts.-Every officer, agent or employee of any railroad, railroad company or other com­mon carrier, who shall willfully refuse to make a~d .furnish any report required by the com­mISSIOners as necessary to the purposes of this c~apter, or who shall willfully and unlawfully hmder, delay or obstruct the said commission­ers in the discharge of their duties imposed upon the~, or who shall commit in their pres­ence durmg a hearing, investigation or exam­ination, any act which would be deemed a con­tempt if committed in the presence of the cir­cuit court, may be declared in contempt and punished as provided for in §350.59.

Hlstory.-§18, ch. 4700, 1899; GS 2918' §I6 ch. 6527 1913' RGS 4657; CGL 6743. " , ' ct.-§350.59 Powers to Issue certain writs.

350.62 Mandamus, injunction, etc.; discov­ery of names of persons damaged by carrier's violation of law; compelling payment, etc.­The commissioners may, at their discretion cause to be instituted in any court of compe~ tent jurisdiction in this state, by the attorney genera l, state attorney or special counsel designated by them, in the name of the state: proceedings by or for mandamus, injunction,

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

mandatory injunction, prohibition or proce­dendo, against any such company or common carrier subject to the provisions of this chap­ter, or against any office, officer, or 'agent thereof, to compel the observance of the pro­visions of this chapter, or any rule, rate or regulation of the commissioners made there­under, or to compel the accounting for and re­funding of any moneys exacted in violation of anyone of the provisions of this chapter. In all cases where any common carrier shall have become indebted or liable for damages to a large number of persons by reason of its failure to abide by or comply with the pro­VISIons of any rule, rate or regulation of the commissioners, or by its violation of any pro­visions of this chapter, the Florida public utilities commissioners shall demand of such com­mon carrier by written notice served upon it, a discovery of the names of all such persons and an accounting and payment to all such persons of all such indebtedness or damages, and if such common carrier shall refuse or shall fail to make such accountings and payments within sixty days after such notice shall have been served upon it, the Florida public utilities commissioners shall institute a proceeding or pro­ceedings by or for mandamus or mandatory in­junction against such common carrier to compel the making of SUCq accountings and payments, and in any such proceeding upon an adjudication against such common carrier there shall be taxed as costs and paid over to the Florida public utilities commissioners to be paid out by them all such costs, attorneys' fees and expenses of such proceedings as shall appear to the court reason­able under all the circumstances and necessary to effect such accounting and settlement without cost or expense to the state or to the claimants, and the courts shall make all such orders as may be necessary or advisable to secure an ac­counting and payment of costs and damages as full and complete as may appear to be practi­cable, and any money not paid over to the persons to whom it shall be due within thirty days after such payment shall have been or­dered made, shall be paid into the registry of the court to be disbursed to the proper persons upon orders of the court. And said commis­sioners may do and perform any act or thing necessary to be done to effectu ally carry out and enforce the provisions and objects of this chapter.

Hlstory.-§21. ch. 4700, 1899 ; as 2921; §1, ch. 5616. 1907 ; RaS 4661; caL 6747; §1, ch. 63-279.

350.63 Judicial powers.-The said Florida public utilities commissioners are vested with judicial powers to do or enforce or perform any function, duty or power conferred upon them by this chapter to the exercise of which judicial power is necessary.

HI.tory.-§22, ch. 4700, 1899; GS 2922; RGS 4662; CGL 6748; §1, ch. 63-279 .

350.631 Prehearing procedure in any action before the Florida public utilities commission.­The Florida public utilities commission may in its discretion, direct the attorneys for th~ parties, or the parties if unrepresented by at-

torneys, to appear before it, one of its members, or a hearing examiner designated by it for a conference to consider:

(1) The simplification of the issues; (2) The necessity or desirability of amend­

ments to the pleadings or the application; (3) The possibility of obtaining admissions

of fact and of documents which will avoid unnecessary proof;

(4) The limitation of the number of expert witnesses;

(5) Such other matters as may aid in the disposition of the action.

Notice of a prehearing conference shall be given in the same manner as is required by law for notice of hearing before the commission. Further notices of conference or hearing in the cause may thereafter be given only to those parties or their attorneys who appear in the cause at the initial prehearing conference; pro­vided that if an amendment is made enlarging the scope of an application for certificate of convenience and necessity, notice of further proceedings shall be given as required by law for initial hearings. The commission shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings or the application, and the agree­ments made between the parties as to any of the matters considered, and which limits the issues for hearing to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent cause of action, unless modified at the hearing to prevent manifest injustice.

Hlstory.-§I, ch. 57-116; §t, ch. 63-279.

350.64 Appeals.-Appeals by either party shall be from judgments, orders and decrees of inferior courts in all suits and cases brought under the provisions of this chapter to the same extent that appeals lie in similar suits and cases brought under any other law in this state. No supersedeas shall be granted from any order, decree or judgment of any court ren­dered in favor of said commissioners upon any proceeding instituted or caused to be instituted by the commissioners by or for mandamus, in­junction, mandatory injunction, prohibition or procedendo, to compel the observance of the provisions of this chapter, as to any rule, rate or regulation of the commissioners, made there­under, but any such order, decree or judg­ment shall be respected and obeyed until finally disposed of by the appellate court; but super­sedeas may be granted in any other suit or case brought under the provisions of this chap­ter in which a supersedeas could in a similar suit or case brought under the provisions of other laws of this state be granted.

HI.tory.-§23, ch. 4700, 1899; GS 2923; RGS 4663; CGL 6749; §23, ch. 63-559.

350.641 Commission orders; review by cer­tiorari.-

(1) All petitions to the supreme court to review orders of the Florida public utilities

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

commission by writ of certiora ri shall be filed in the supreme cour t within sixty days after the entry or rendition of the order sought to be reviewed.

(2) Notice of such review shall be given by the petitioner to all parties who entered appearances of record in the proceedings be­fore said commission in which the order sought to be reviewed was made, by serving a copy of the petition for writ of certiorari upon each of said parties, at the same time as a copy of the petition, transcript of record and support­ing brief are furnished the respondent Florida public utilities commission.

(3) Within ten days after such service has been made, such parties may file briefs in sup­port of their interests as such interests may appear.

(4) Such parties shall be entitled as a mat­ter of right to make oral argument in support of their interests as such interests may appear in any case where oral argument is granted by the court on the application of the petitioner or the respondent.

H istory.-§1, ch. 25185, 1949 ; §1, ch. 63-279 .

350.65 Injunction to enforce regulations as to rates.-The writ of injunction shall lie and obtain in all cases of the violation of any freight or passenger rates, or of any sched­ule of either, or of any failure or refusa l to conform to or enforce or put and keep the same, or any or either, in operation, by any railroad company or other common carrier, to prevent the violation of any such rate or schedule, and to compel any such railroad or common carrier to observe and put and keep in operation the same. . '

Hlstory.-l24, ch. 4700, 1899; GS 2924'; §l7, ch. 6527, 1913; RGS 4664; CGL 6760.

350.66 Commissioners to appeal to inter­state commission.-The Florida public utilities commission shall investigate a ll through rates from points out of Florida to points in Florida and all rules and regulations made by trans­portation companies engaged in interstate busi­ness, both those now fixed and those that may hereafter be fixed. Whenever any such trans­portation company shall charge a through rate into or out of Florida or shall make any rule or regulation which in the opinion of the com­mission is excessive, unjust, unreasonable or discriminating in its nature, the commission shall call the attention of the officers of the offending company to the f act, and urge upon them the propriety of changing such rates, rules or regulations. Whenever such rates, rules or regulations are not changed according to the suggestion of the commission the com­mission shall present the f acts to the'interstate commerce commission and appeal to it for re­lief. In all work devolving upon the Florida public utilities commission prescribed herein they shall receive upon application the serv­ices of the attorney general of the state, and he shall also represent them whenever called upon to do so before the interstate commerce commission, and he may employ such specia l

counsel to assist him as he and the commis­sioners may agree upon, whenever he or the commissioners may deem it necessary, and at such compensation as he and the commissioners may agree upon, and the commissioners may employ special counsel to assist him whenever they may deem it necessary, and at such compen­sation as he and the commissioners may agree upon.

Hlstor;or.-§l, ch. 6216, 1903; GS 2926; RGS 4665; CGL 6751; §1, ch. 63-279.

350.67 Penalty for employees, etc., violating provisions of chapter.-If any officer, agent or employee of any railroad company, or other common carrier, shall violate or refuse to obey the provisions of law relating to the establish­ment and operation of a Florida public util­ities commission in this state, such officer, agent or employee of such railroad company or other common carrier shall, except in cases where the punishment is otherwise provided, upon convic­tion thereof be fined not less than $250.00 nor more than $1,000.00 for each and every offense.

Hlst ory.- §6, ch. 4206, 1893; GS 3633; RGS 5568; CGL 7754 ; §1, ch . 63-279 .

350.76 Microfilming and destroying rec­ords.-

(1) The purpose of this section is to make available for the use of the Florida public ut ilities commission sufficient floor space to en­able it to efficiently administer the affairs of said agency.

(2) The Florida public utilities commission is hereby authorized to destroy records and documents as hereinafter provided and to re­claim binders and filing equipment.

(3) The Florida public utilities commission is hereby authorized, in its discretion, to de­stroy general correspondence files over three years old, certificates and permits which have been revoked or cancelled for more than three years, applications which have been denied or withdrawn for more than three years, together with supporting testimony and exhibits, also any ober records not specifically provided for herein.

(4) The Florida public utilities commission is hereby authorized to photograph, micropho­tograph or reproduce on film whereby each page will be exposed in exact conformity with the original, all old carrier and utility reports, agency reports, account books, certificate and permit applications, transcript of testimony and other records and documents as it may, in its discretion select, and said commission is hereby authorized to destroy any of said documents after they have been photographed and filed and after audit of its office has been completed for the period embracing the dates of said instruments.

(5) Photographs or microphotographs in the form of fi lm or prints of any records made in compliance with the provisions of this section sha ll have the same force and effect as the origi­nals th ereof would have, and shall be treated as originals f or t he purpose of their admissibility in evidence. Duly certified or authenticated re-

Ch. 350 FLORIDA PUBLIC UTILITIES COMMISSION Ch. 350

productions of such photographs or microphoto­graphs shall be admitted in evidence equally with the original photographs or microphoto­graphs.

Hlstory.-I§l-5, ch. 23788, 1947; 124, ch. 57-1; 11, ch. 63-279.

350.77 Fees for copies; disposition and rec­ord.-

(1) The Florida public utilities commission shall collect for copying, examining, comparing, correcting, verifying, certifying or furnishing orders, records, transcripts of record, papers or other instruments, the same fees that are allowed clerks of the circuit courts of Florida ; provided, however, in cases where the legal fee would amount to less than one dollar no fee shall be charged or collected; and, provided further, that transcripts of record not prepared by the parties themselves for verification and certification by the commission's executive sec­retary shall be prepared by the commission"s official reporter and the provisions hereof shall not apply to such transcripts furnished by said reporter.

(2) Copies of commission orders furnished to public officials of Florida, newspapers, periodical publications, federal agencies, state officials of other states, and parties to the proceeding in which the order was entered and their attorneys shall be without charge, pro­vided that the commission may in its discretion charge fees for the furnishing of more than one copy of any order to any of the foregoing.

(3) The Florida public utilities commis­sion shall provide and keep a book in which all fees collected by it as provided for herein shall be recorded, together with the amount and purpose for which collected. Such book shall be a public record of its office. Said commission shall prepare a statement of such fees in duplicate each month and remit one copy of said statement, together with all fees col­lected by it, to the state treasurer, who shall place the same to the credit of the general rev­enue fund.

Blstory.-§§1-3, ch. 57-117; I I, ch. 63-279. cf.-§28.24 Fees of clerk of circuit court.

350.78 Florida public utilities regulatory trust fund; moneys to be deposited therein.-

(1) There is hereby created in the state treasury a special fund to be designated as the Florida public utilities regulatory trust fund which shall be used in the operation of the Florida public utilities commission in the performance of the various functions and du­ties required of it by law.

(2) All fees, licenses, and other charges, collected by the commission, except mileage taxes under chapter 323, shall be deposited in the state treasury to the credit of said Florida

public utilities regulatory trust fund to be used in the operation of said commission as au­thorized by the legislature; provided, however, punitive fines assessed and collected by said commission shall not be deposited in said trust fund but shall be deposited in the general rev­enue fund of the state.

(3) Each telephone and telegraph company as defined in chapter 364, and each electric and gas utility under the jurisdiction of the Florida public utilities commission, and which were in operation for the full calendar year 1961, shall pay to said commission on or before July 1 of each year, commencing with JUly 1, 1963, one twenty-fifth of one per cent of its gross operating revenues derived from intra­state bus,iness done within the state of Florida during the calendar year 1961; provided, how­ever, each telephone and telegraph company, and each electric and gas utility, which is or may become subject to the jurisdiction of said commission but which did not operate during the entire calendar year 1961, shall, within ninety days after it has completed its first twelve months' operation under the jurisdic­tion of said commission, and annually there­after, pay to said commission one twenty-fifth of one per cent of its gross operating revenues derived from intrastate business done within the state during said twelve months' opera­tion. All payments to the commission under this section shall be deposited in the state treasury to the credit of the Florida public utilities regulatory trust fund to be used in the operation of said commission as authorized by the legislature. In no event shall payments under this section be less than twenty-five dol­lars annually.

(4) All moneys in the Florida puplic utili­ties regulatory trust fund, from time to time, shall be for the use of the Florida public util­ities commission in the performance of its various functions and duties as provided by law; subject always, however, to regular con­trol by the state budget commission, as pro­vided by law, and to biennial appropriations by the legislature for salary, expense, and cap­ital expenditures of said regulatory commis­sion.

(5) Biennial appropriations from the gen­eral revenue fund of the state for the op­eration of the Florida public utilities commis­sion may be credited to the Florida public utilities regulatory trust fund in appropriate monthly amounts and all expenditures author­ized by the legislature and the state budget commission for the operation of said regulatory commission may be from said trust fund as supplemented by appropriations from the state's general revenue fund.

Blstory.-§§1-5, ch. 63-296; II, ch. 63-279 .

Ch. 351 DUTIES OF RAILROADS IN OPERATING TRAINS Ch. 351

CHAPTER 351

DUTIES OF RAILROADS IN OPERATING TRAINS

351.01 351.02

351.03

351.04 351.05

351.06 351.07

351.08 351.09 351.10 351.11 351.12 351.13 351.14

351.15 351.16 351.17 351.18

To stop at crossings. Must stop train for physician to get

off; penalty. To post sign and ring bell at road

crossings. Penalty for violating regulation. Locomotives to be equipped with ce'r­

tain headlights; penalty. Fixing hours for labor for trainmen. Leave of absence for employees hold-

ing governmental offices. Reinstatement; damages. Demand for freight, when p'rohibited. Contl"acts for sale of railroad. Record of contract. Freight notice. Depot contra.ct. Duty of railroad companies with cross-

ing lines. Shipping of freight. To receive cars from connecting lines. Recovery of damages. Duty of state attorney and judge.

351.01 To stop at crossings.-Every train of passenger cars, of freight cars drawn by one or more locomotives, and every street car, propelled by steam, electricity, compressed air, or other power, upon railway track, shall come to a full stop before arriving at or crossing the track of another railroad or street car railway track within fifty feet thereof, and the train or street car, as the case may be, arriving at such crossing first shall move on and cross first; and every such train or street car shall also slow down to a speed of not more than four miles an hour before running on or crossing the draw of any bridge over a stream which is regularly navigated by vessels; pro­vided, however, that whenever the lines of two railroads cross each other on the same grade in this state, the trains shall be brought to a full stop at least fifty feet before reaching the crossing. But the foregoing shall not apply where the crossing is equipped with signal lights or semaphores or other safety appliances which shall indicate that the train may cross in safety, or where a flagman or watchman is stationed and he signals that the train may cross in safety.

Hlotory.-§29. ch. 1987. 1874; RS 2263; fl. ch. 4763. 1899; 01. ch. 6216. 1903; GS 2840; RGS 4628; CGL 6691; fl. ch. 14833. 19~1. cf.-§§ 317 .453-317.455 Motor vehicles crossing railroad tracks.

351.02 Must stop train for physician to get off; penalty.-Any conductor of any train, who shall refuse to stop his train at the request of a physician who has been summoned to attend a patient, a sufficient length of time to permit such physician to get off at such regular or flag station, shall be fined for every such offense not more than one thousand dollars.

Hlotory.-§§1. 2. ch. 4070. 1891; GS 3668; RGS 6696; CGL 7781. cf.-U398.02. 468.13. Physician defined.

351.19 Penalty for not complying with laws relating to transfer of freight to other roads.

351.20 Bla.cklisting of dischiarged employees prohibited; penalty; written state­ment of reasons to be furnished.

351.21 Company responsible for acts of its agents.

351.22 Duties of persons, employers and cor­porations.

351.23 Employees to have a statement on de-mand.

351.24 Companies affected. 351.25 No charge for placing cars. 351.26 Penalty for violations of §351.25. 351.27 Railroads to allow dredges in Ever-

glades to pass right of way with­out charge.

351.28 To maintain drawbridges. 351.29 Penalty for violation of §§351.27 and

351.28. 351.30 Crossing signs and signboards.

351.03 To post sign and ring bell at road crossings.-Every railroad company, whenever its track crosses a highway, shall put up large sign boards at or near said crossing with the following inscription in large letters on both sides of the boards: Look out for the cars! In all incorporated cities and towns the said companies shall cause the bell on the engine to be rung before crossing any of the streets of a city or town, and their trains shall not go faster, through any of the traveled streets of a city or town, than at the rate of twelve miles per hour. This requirement for posting signs shall not apply to railroad cross­ings having signs as required by §317.455.

Hlotory.-§34. ch. 1987. 1874; RS 2264; GS 2841; ch. 7940, 1919; RGS 4629; CGL 6692. cf.-§351.30 Automatic signals.

1768.03. Accidents at crossing.

351.04 Penalty for violating regulation.­In case any railroad or canal company, or its agents, servants or employees, shall neglect or refuse to comply with any of the provisions of this chapter, or of chapters 352 and 353, such railroad or canal company shall, for each or every violation, or refusal, unless otherwise provided, forfeit and pay the sum of fifty dollars, said penalty to be collected by suit, and to be paid into the county treasury of the county where such action is brought, for the benefit of the school fund.

Hlotory.-§42. ch. 1987. 1874; RS 2265; GS 2842; RGS 4530; CGL 6593.

351.05 Locomotives to be equipped with certain headlights; penalty.-All railroad locomotives operated in this state in the serv­ice of drawing passenger or freight trains shall be equipped with a first class headlight the illuminating source of which shall consist of an electric inoandescent lamp of not less than two

Ch. 351 DUTIES OF RAILROADS IN OPERATING TRAINS Ch. 351

hundred watts rating, and with suitable re­flector, which headlight shall be kept in good condition and used by those ' operating such­railroad locomotives. · Any p~rson who $hall fail to S'O equip his locomotives used in drawing passenger o'r freight trlllins, as herein required, or shall operate and use a locomotive in drawing passenger or freight trains not equipped with a headlight as required by this section, shall be guilty of a misdemeanor and shall upon trial and conviction be fined not more than $1,000.00 or imprisoned not exceeding 12 months.

IDstory.-ch. 6526, 1913 ; RGS 5567; CGL 7753; §l, ch. 63-208. cf.-§1.01(3) "Person" defined.

§776.06 Alternative punishment.

351.06 Fixing hours for labor for trainmen. -No railroad doing business in this state shall require or permit its employees who are en­gaged in the business of operating its trains over its roads, to make runs of over thirteen hours, or make runs aggregating more than thirteen hours in any twenty-four hours, ex­cept when such train is detained by reason of casualty, or other cause, from reaching its destination on schedule time, and no conduc­tors nor engineers, after having been on a run or runs for as much as thirteen hours out of every twenty-four hours, shall be required to again go on duty until after eight hours' rest, except in the case above stated. No em­ployee of any railroad company shall be de­prived of his right to recover damages for personal injury by reason of the fact that he, at the time of such injury, was making a run of more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before eight hours' rest.

Any railroad violating any of the provisions of this section shall be subject to a forfeiture of not less than fifty nor more than five hun­dred dollars; all forfeitures collected under the provisions of this section shall be paid into the state treasury to the credit of the school fund.

Hlstory.-§§l-3, ch. 4199, 1893; GS 2843; RGS 4532; CGL 6595.

351.07 Leave of absence for employees holding governmental offices.-When any regu­lar or part-time employee of any railroad com­pany or railroad corporation operating and doing business in the state shall be elected or appointed to any federal, state, county or municipal office, such railroad company or railroad corporation shall, upon application of such employee, grant a leave of absence to such employee for such period of time said employee holds or occupies such office or position, and such leave of absence shall in no wise impair, prejudice or deprive said employee of the seniority r anking held by him at the time of the g·r anting of such leave of absence.

Hlstory.-§l, ch. 19273, 1939; CGL 1940 Supp. 6595(1) .

351.08 Reinstatement; damages.-Upon the expiration or termination of any such term

of office or appointment to any federal, state, county, or municipal office or position, any such regular or par t-time employee, upon giving a written notice to such railroad 'com~ pany or railroad corporation, and upon passing such physical and mental examinations as is customarily required, shall be entitled forth­with to reinstatement to the position or em­ployment held by him at the time of such election or appointment, and upon failure or refusal of any railroad company or railroad corporation to immediately reinstate said em­ployee, he shall have and may maintain a civil action for damages against such railroad company or railroad corporation for any sal­aries or wages which would have been due him from the date of such notice and of the passing of such examination, had he been re-employed as required hereby; in such action, should the plaintiff recover he shall also be entitled to recover a reasonable attorney's fee as compen­sation for his attorney.

Hlstory.-§2, ch. 19273, 1939; CGL 1940 Supp. 6595(2).

351.09 Demand for freight, when prohibited. -No common carrier in this state shall de­mand of any consignee the freight on goods, wares and merchandise not delivered or ready to be delivered, as a condition precedent to the delivery of go.ods, wares or merchandise in the custody of said common carrier, at the point of destination. And upon a tender by any consignee of the freight due upon any goods, wares or merchandise in the custody of such carrier at the point of destination it shall deliver the same.

Should any common carrier in this state violate the provisions of this section, it shall forfeit a sum in double the amount of the freight demanded on goods, wares or mer­chandise not delivered or ready to be delivered, to be collected by suit before any competent court having jurisdiction of the amount.

Hlstory.-U1, 2, ch. 4200, 1893; GS 2844; RGS 4533; CGL 6596.

351.10 Contracts for sale of railroad.-In any contract for the sale of railroad or street railway equipment or rolling stock, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although pos­session thereof may be delivered immediately, or at any time or times subsequently, shall not vest in the purchaser until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. In any contract for the leasing or hiring of such property it shall be lawful to stipulate for a conditional sale thereof at the termination of such contract, and that the rentals or amounts to be received under such contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price shall have been paid in full, and until the terms of the contract shall have been fully performed, not­withstanding delivery to and possession by

such lessee or bailee; provided, that no such

Ch. 351 DUTIES OF RAILROADS IN OPERATING TRAINS Ch. 351

contract shall be valid as against any subse­quent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless:

(1) The same shall be evidenced by an in­strument executed by the parties and duly acknowledged by the vendee or lessee or bailee, as the case may be, or duly proved, before some person authorized by law to take acknowl­edgement of deeds, and in the same manner as deeds are authorized or proved.

(2) Such instrument shall be filed for rec­ord in the office of the secretary of state of this state.

(3) Each locomotive engine or car so sold leased or hired, or contracted to be sold leased or hired, as aforesaid, shall have the z{ame of the vendor, lessor or bailor plainly marked on each side thereof, followed by the word "owner," or "lessor," or "bailor," as the case may be. 65~~8tor,..-§1. ch. 4201, 1893; GS 2845; RGS 4534; CGL

351.11 Record of contract.-The contracts under §351.10 shall be recorded by the secre­tary of state, in a book of records to be kept for that purpose. On payment in full of the purchase money and the performance of the terms and conditions stipulated in such con­tract, a declaration in writing to that effect may be made by the vendor, lessor or bailor or his or its assignee, which decla~ation may be made on the margin of the record of the contract, duly attested, or it may be made by a separate instrument to be acknowledged by t~e vendor, lessor, or bailor, or his or its as­SIgnee, and recorded as aforesaid. The secre­tary of state shall be entitled to a fee for such services a~ for similar services, for recording e!lch of saId contracts and each of said declara­tIons, and a fee of one dollar for noting such de­clar~tions on the margin of the record. This ~ectlOn shall not be held to invalidate or affect I~ any way any contract heretofore made of the kmd referred to herein, and any such contract heretofore made may, upon compliance with the provisions of this section, be recorded as herein provided. 65~~8tory.-§2, ch. 4201, 1893; GS 2846; RGS 4536; CGL

351.12 Freight notice. - All common car­riers engaged in the transportation and deliv­ery of freight in this state, immediately upon receipt of any freight at the point to which it may be consigned, shall notify in writing the consignee of the same. Such common carriers shall make no charges for the storage of such freight until after the expiration of three days a~ter such notice is given as hereinbefore pro-

. vlded. Such common carriers shall be liable for said freight. 66~~8tory.-§ § l, 2, ch. 4202, 1893; GS 2847 ; RGS 4636; CGL

351.13 Depot contract.-Whenever any rail­road company in this state obtains from any person any grant of land, money, right of way or other thing of value on condition that the

said railroad company shall construct a depot, side track or warehouse at any point or locality on the line of its road, such condition shall be held and deemed a contract, and specific per­formance of the same shall be decreed on bill in chancery filed by the person entitled there­to in the circuit court. If any railroad com­pany shall fail or refuse to obey any decree rendered pursuant to this section, it shall be the duty of the judge of the circuit court ren­dering the decree, on the failure or refusal of the railroad company to obey the said decree being made known to him, to appoint a receiver for the railroad of said railroad company, who shall thereupon carry out the terms of the de­cree out of such funds as may come into his hands as receiver. 66~~8tor:r.-§§1, 2, ch. 4203, 1893; GS 2848; RGS 4537; CGL

ci.-§360.01, Authority to erect station or depot. §§350.12, 350.26 and 350.41, Powers and duties of commis­

sioners.

351.14 Duty of railroad companies with crossing lines.-All railroad companies in this state crossing or meeting each other at any point shall construct such switches, side-tracks and connections as will enable them to trans­port cars to and from each other's lines; and the expense of such construction shall, unless otherwise provided, be borne equally by such

. connecting lines of railroad. 66~~8tory.-§l, ch. 4205, 1893; GS 2849; RGS 4538; CGL

351.15 Shipping of freight. - All railroad companies or other common carriers doing bus­iness in this state shall ship all freight re­ceived by them by such routes, and deliver the same to such connecting lines as the shippers may direct; and no railroad company or other common carrier shall refuse to receive any freight because it is billed by the shipper by any particular route; and provided, that no railroad company, nor other common carrier, shall charge any higher rate for delivering freight to a connecting line than would be charged by said company for delivering freight to individuals at the place where such con­necting road or common carrier receives such freight. 66g~8torY.-§2, ch. 4205, 1893; GS 2850; RGS 4539; CGL

351.16 To receive cars from connecting lines.-All railroad companies or other com­mon carriers shall receive from connecting lines cars loaded with freight, or empty cars, and transport the same to their destination, or to such other connecting line as they may be consigned to, aIled return such cars to the connecting line from which they are received, and they shall also deliver to connecting lines cars loaded with freight, or empty cars, as they may be consigned; and no railroad com­pany in this state shall charge or collect any higher rate of freight or wheelage than would be charged for transporting and delivering freights to individuals between the point of receipt and the point of delivery.

His tory.- §3, ch. 4205, 1893; GS 2851; RGS 4540; CGL 6603.

Ch. 351 DUTIES OF RAILROADS IN OPERATING TRAINS Ch. 351

351.17 Recovery of damages.-If any person shall be damaged by the refusal or failure of any railroad company to obey the provisions of §§351.14-851.16, such person shall, upon suit brought, recover from the railroad company so violating said sections damages in full of the amount of loss actually incurred, all costs, charges and reasonable attorney's fees.

History.-§4, ch. 4205, 1893; GS 2852; RGS 4541 ; CGL 6604. cf.-§353.04, Claim for damages to freight.

351.18 Duty of state attorney and judge.­If any railroad company shall fail or refuse to comply with the provisions of §351.14, the state attorney of the judicial circuit in which is sit­uated the lines of railroad where the action is attempted, shall institute suit against the of­fending company in the circuit court, and on the facts being proven the judge of the cir­cuit court shall render a decree requiring a compliance with the conditions of §351.14, and if the railroad company shall fail or refuse to obey said decree, the judge of the circuit court, upon the fact of such refusal being made known to him, shall appoint a receiver for such road, who shall have such side-tracks, switches and connections made as may be necessary, con­forming to the rules of said road in placing danger signals, putting in switches and pass­ing trains during the construction of such work; and the state shall not be liable for any damages from accident caused by and during the construction of said work. When the aforesaid rules have been complied with, the cost of the construction of the same shall be a lien on said road paramount to all others; pro­vided, that all costs, charges and a reasonable fee for the state attorney shall be decreed against the railroad company in the cases where a decree is rendered against said com­pany.

HI8tory.-§5, ch. 4205, 1893; GS 2853; RGS 4542 ; CGL 6605.

351.19 Penalty for not complying with laws relating to transfer of freight to other roads. -If any person, agent or employee of any rail­road company, or other common carrier, shall violate or refuse to obey the provisions of §§351.14-351.18, such officer, agent or employee of such railroad company or other common carrier shall be fined not less than two hun­dred and fifty dollars, nor more than one thousand dollars.

Hlstory.-§6, ch. 4205, 1893; GS 3653; RGS 6690; CGL m6.

351.20 Blacklisting of discharged employees prohibited; penalty; written statement of rea­sons to be furnished.-If any railroad company or other corporation doing business in this state, or any person, agent or employer of any such company or corporation, after having dis­charged any employee from the service of any such company or corporation, shall attempt to prevent by word or writing, sign or other means, directly or indirectly, such discharged employee from obtaining employment with any other person, company or corporation, such

person, agent, employer, company or corpora­tion shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not ex­ceeding five hundred dollars or less than one hundred dollars, and such person, agent, em­ployer, company or corporation shall be liable in damages to such discharged person, to be recovered by civil action; but this section shall not be construed as prohibiting any person, agent, employer, company or corporation from giving in writing to any other person, com­pany or corporation to whom such discharged person has applied for employment a truthful statement of the reasons for such discharge; and shall furnish to such discharged employee, on his application, to such address as may be given by such discharged employee, within ten days after such application made as aforesaid, a true copy of any such written statement.

HI.tory.-§l, eh. 4207, 1893; GS 2854; RGS 4543; CGL 6606; §7, ch. 24337, 1947. ct.-§§448.03-448.04, Penalty for attempting to force em­

ployee to trade with specified persons.

351.21 Company responsible for acts of its agents.-If any railroad company or other cor­poration doing business in this state shall auth­orize or permit, with its knowledge and con­sent, any of its officers, agents, employers or employees to commit either or any of the acts prohibited by §351.20, such railroad company or corporation shall be liable in damages to such employee so prevented from obtaining employment, to be recovered by him in a civil action.

Hlstory.-§2, ch. 4207, 1893; GS 2855; RGS 4644; CGL 6607.

351.22 Duties of persons, employers and corporations.-Any person, officer, agent, em­ployer, company or corporation, after having discharged any employee from the service of any such company or corporation, upon written demand by such employee, shall furnish to him, within ten days from the application for the same, a full statement in writing of the cause or causes of his discharge, and if any such person, officer, agent, employer, company or corporation as aforesaid shall refuse within ten days after demand as herein provided to furnish such statement to such discharged em­ployee, it shall be ever after unlawful for any such person, officer, agent, employer, company or corporation to furnish any statement of the cause of such discharge to any person or cor­poration, or to in any way blacklist, or to pre­vent such discharged employee from procuring employment elsewhere, subject to the penalties prescribed in §351.20. On the trial of any per­son, company or corporation for a violation of the provisions of §§351.20-351.24, any other person who may have authorized or permitted, with knowledge and consent as aforesaid, any such offense, or who may have participated in the same, shall be a competent witness, and be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him in allY prosecution against the said witness, ex­cept on an indictment for perjury in any matter

Ch. 351 DUTIES OF RAILROADS IN OPERATING TRAINS Ch.351

to which he may have testified; and on the trial of any such person for any violation of said sections the prosecution shall have the author­ity and process of the court trying the case to compel the production in court, to be used in evidence in the case, of the books and papers of any such person, company or corporation, and a failure to produce the same, after such rea­sonable notice as the court may in each case provide, shall be a contempt of court, and pun­ishable as such against the custodian or per­son, company or corporation having the con­trol or in charge of such books and papers who shall fail to produce the same; provided. that such written cause of the discharge, when so made as aforesaid, at the request of such dis­charged employee, shall never be used as the cause for an action for slander or for libel, either civil or criminal, against the person or authority furnishing the same. 66~~story.-§3, ch. 4207, 1893; GS 2856; RGS 4545; CGL

351.23 Employees to have a statement on demand.-Any person, company or corporation who has received any request or notice in writ­ing, sign, word or otherwise from any person, company or corporation preventing or attempt­ing to prevent the employment of any person discharged from the service of either of the latter, shall, on demand of such discharged employee, furnish to such employee within ten days after such demand a true statement of the nature of such request or notice, and if in writ­ing, a copy of the same, and if a sign, the in­terpretation thereof, with the name of the per­son, company or corporation furnishing the same, with the place of business of the person or authority furnishing the same; and a vio­lation of this section shall subject the offender to all the penalties, civil and criminal, provid­ed by this chapter.

Hlstory.-§4, ch. 4207, 1893; GS 2857; RGS 4546; CGL 6609.

351.24 Companies affected.-The provision:3 of §§351.20-351.23 shall apply to and prevent, under all the penalties in this chapter, railroad companies or corporations under the same general management and control but having separate divisions, superintendents or master mechanics, master machinists, or similar offi­cers, for separate or different lines, their offi­cers, agents and employees, from preventing or attempting to prevent the employment of any such discharged person by any other sep­arate division or officer or agent or employer of any such separate railroad line or lines.

Hlstory.-§5, ch. 4207, 1893; GS 2858; RGS 4547; CGL 6610.

351.25 No charge for placing cars. - No charge whatever shall be made by a railroad having the line haul for placing for loading, an empty car at any warehouse or other point on its line or any side track or spur connected therewith or for switching the loaded car to or from the same either for delivery or for transportation for intrastate shipment; it be-

ing the purpose of this section to require one placement of a car for loading or unloading upon a side track and its removal in the op­posite direction without any charge in addi­tion to the charge for transportation or line haul.

Hlstory.-§l, ch. 7820, 1917; RGS 4548; CGL 661L

351.26 Penalty for violations of §351.25.­Any railroad, railroad company, or common car­rier violating the provisions of §351.25, shall thereby incur a penalty for each such offense of not more than five thousand dollars, to be fixed and imposed by the railroad commissioners in accordance with the provisions of §350.28, and each charge made in violation hereof shall con­stitute a separate offense.

Hi.tory.-§2, ch. 7320, 1917; RGS 4549; CGL 6612.

351.27 Railroads to allow dredges in Ever­glades to pass right of way without charge.­All railroad companies shall allow all dredges engaged in the work of constructing canals in the Everglades of Florida to pass through their tracks and right of way without charge or e~­pense.

Hlstory.-§l, ch. 6887, 1915; RGS 4550; CGL 6613.

351.28 To maintain drawbridges. - All railroad companies, when requested so to do by the board having in charge the drainage and reclamation of the Everglades of Florida, shall provide and maintain drawbridges, at their expense, over and across any of the canals provided for and used in connection with the drainage and reclamation of the Everglades of Florida.

Hlstory.-§2, ch. 6887, 1915; RGS 4551; CGL 6614.

351.29 Penalty for violation of §§351.27 and 351.28.-Any railroad company failing to com­ply with the provisions of §351.27 or §351.28 shall be subject to a fine of not more than one thousand dollars.

Hlstory.-§3, ch. 6887, 1915; RGS 4552; CGL 6615.

351.30 Crossing signs and signboards.­Whenever any railroad company has or may hereafter install at any grade crossing, signals of the automatic flash-light type which are ap­proved by the Association of American Rail­roads and by the Federal Public Roads Admini­stration, and which have the words "Railroad Crossing" on the side of said crossing signal facing the approach from the highway and which are located one on each side of the rail­road track or tracks at a distance of not less than eight feet nor more than thirty feet from the nearest track measured from the gage of the nearest rail to the base of such signal light, then and in any such event, so long as said automatic signals are maintained in force and effect, it shall be unnecessary for railroad com­panies to comply with, and such railroad com­panies are herein and hereby relieved from the duty of complying with §§317.455 and 351.03 relating to signboards and crossing signs.

History.-U, ch. 20679, 1941.

Ch. 352 DUTIES TO RAILROAD PASSENGERS AND FREIGHT Ch. 352

CHAPTER 352

DUTIES TO RAILROAD PASSENGERS AND FREIGHT

352.01

352.02

352.03

352.04

352.05

352.06 352.07

352.08 352.09

352.10 352.11

352.12 352.13 352.14

352.15 352.16

352.17

352.18

Passengers may be ejected f'Or n'On­payment 'Of fare.

Passenger c'Onduct'Ors t'O have P'Olice p'Owers.

First-class tickets and acc'Omm'Odati'Ons f'Or negr'O pers'Ons.

Separate acc'Omm'Odati'Ons f'Or white and c'Ol'Ored passengers.

Passenger 'Occupying part 'Of car set apart f'Or 'Opp'Osite Tace; penalty.

Penalty f'Or vi'Olati'Ons §352.04. Separate acc'Omm'Odati'Ons f'Or white

and negr'O passengers 'On electric cars.

Meth'Od 'Of divisi'On in electric cars. Divisi'Ons t'O be marked f'Or white 'Or

f'Or c'OI'Ored. N'Ot t'O apply t'O nurses. Operating extra cars f'Or exclusive use

'Of either race. Separati'On of races; penalty. Duty 'Of c'Onduct'Ors; penalty. Vi'Olati'On by passengers; c'Onduct'Or

may arrest and eject; penalty. Each day 'Of refusal separate 'Offense. Separate waiting r'O'Oms and ticket

wind'Ows f'Or white and negr'O pas­sengers.

Penalty f'Or refusal t'O c'Omply with law 'Or regulati'Ons.

Penalty f'Or n'Ot pr'Oviding separate cars f'Or white and negr'O pers'Ons.

352.01 Passengers may be ejected f'Or non­payment 'Of fare.-If any passenger shall re­fuse t'O pay his fare, the c'Onduct'Or 'Of the train and the servants 'Of the c'Orporation may put him and his baggage out of the cars 'On stopping the cars at any usual st'OPping place, 'Or near any dwelling h'Ouse, as the c'Onduct'Or shall elect.

mstory.-I41, ch. 1987, 1874; RS 2267; GS 2859; RGS 4553; 6616. cf.-§351.04 Penalty for violating regulation.

352.02 Passenger conduct'Ors t'O have police powers.-The conduct'Ors 'Of any train carry­ing passengers in this state are invested with all the p'Owers, duties and resP'Onsibilities 'Of police 'Officers while 'On duty 'On their trains.

When a passenger or any 'Other pers'On is guilty 'Of dis 'Orderly conduct by fighting 'Or using any 'Obscene, pr'Ofane or vulgar language, 'Or plays any game 'Of cards 'Or other game 'Of chance for money 'Or other thing 'Of value, upon any passenger train, 'Or drinks intoxicating liqu'Ors 'Of any kind in 'Or upon any railway passenger train, c'Oach 'Or vestibule there'Of, 'Or platf'Orm c'Onnected therewith, when such liqu'Ors are n'Ot used as a medicine in case of actual sickness, the c'Onduct'Or of such train may at the next regular st'Opping place 'Of such train eject such passenger fr'Om the train, using only such f'Orce as may be necessary t'O acc'Omplish such rem'Oval, and the c'Onduct'Ors may c'Ommand the assistance 'Of the employees

352.19 352.20 352.21 352.22

352.23

352.24 352.25

325.26

352.27

352.28 352.29

352.30 352.31 352.32

352.33

352.34 352.35

352.36

352.37

Discriminati'On in rates. Penalty for violation 'Of §352.19. Discrimination in passengers 'Or freight. Free or reduced transP'Ortati'On prohib-

ited, except in certain instances; penalty.

Penalty for issuing free pass to state 'Officers.

Penalty for receiving pass. T'O receive, transp'Ort and deliver

freight. Freight t'O be delivered according t'O

terms and directi'On. Penalty for not delivering freight ac­

cording t'O terms and directions. Regulati'Ons f'Or transP'Orting firew'O'Od. Must pr'Ovide flat cars with suitable

appliances f'Or hauling lumber, etc. Appliances weighed as part 'Of cars. Penalty f'Or n'Ot pr'Oviding appliances. River b'Oats t'O deliver freight in dry

places. C'Onstructi'On 'Of cars f'Or transp'Ortati'On

'Of cattle. Care 'Of livest'Ock in transit. Penalty f'Or vi'Olati'On 'Of regulati'Ons as

t'O transP'Orting livest'Ock by trans­P'Ortati'On c'Ompany.

Charges f'Or feeding and watering live­st'Ock in transit.

Penalty f'Or c'Onduct'Ors, etc., vi'Olating regulati'Ons.

'Of the c'Ompany and 'Of the passengers 'On each train t'O assist in such rem'Oval; and any per­s'On neglecting or refusing to render such assistance shall be punished as in the case of neglect or refusal to aid a constable, police 'Officer or watchman in the executi'On 'Of the duties 'Of his 'Office.

The c'Onduct'Or may cause any pers'On vi'O­lating the pr'Ovisi'Ons 'Of this secti'On, and which are in vi'Olati'On 'Of the laws 'Of this state, t'O be detained and delivered to the proper au­th'Orities for trial as so'On as practicable.

History.-§1. ch. 4072, 1891; GS 3659; 11, ch. 6897, 1915; RGS 5596; CGL 7782. cf.-§843.06 Neglect or refusal to aid peace officers.

352.03 First-class tickets and acc'Omm'Oda­ti'Ons f'Or negr'O pers'Ons. - All railroad com­panies d'Oing business in this state shall sell t'O all respectable negr'O persons first-class tickets, 'On applicati'On, at the same rates that white persons are charged, and shall furnish and set apart f'Or the use 'Of such negr'O per­s'Ons wh'O purchase such first-class tickets a car or cars in each passenger train, as may be necessary, equally as g'O'Od and pr'Ovided with the same facility f'Or c'Omfort as shall 'Or may be pr'Ovided f'Or whites using and traveling as passengers 'On first-class tickets.

N'O c'Onduct'Or 'Or pers'On in charge 'Of any passenger train 'On any railr'Oad shall suffer 'Or permit any white pers'On t'O ride, sit 'Or travel, 'Or t'O d'O any act 'Or thing t'O insult 'Or

Ch. 352 DUTIES TO RAILROAD PASSENGERS AND FREIGHT Ch. 352

annoy any negro person who shall be sitting, riding and traveling, in said car so set apart for the use of negro persons, nor shall he or they, while in charge of such train, suffer or permit any negro person, nor shall such per­son attempt to, ride, sit or travel in the car or cars set apart for the use of the white persons traveling as first-class passengers; but female colored nurses, having the care of children or sick persons, may ride and travel in such car.

Hlatory.-U1, 2, ch. 8748, 1887; RS 2268: GS 2860: RGS 4654; CGL 6617.

352.04 Separate accommodations for white and colored passengers. - All railroad com­panies and other common carriers doing busi­ness in this state shall provide equal separate accommodations for white and colored passen­gers on railroads, and all white and colored passengers occupying passenger cars which are operated in this state by any railroad company or other common carrier are hereby required to occupy the respective cars, or divisions of cars, provided for them, so that the white passengers shall occupy only the cars or di­visions of cars, provided for white passengers, and the colored passengers only the cars, or division of cars, provided for colored passen­gers; provided, that no railroad shall use di­vided cars for the separation of the races without the permission of the railroad com­mission, nor any car divided for that purpose in which the divisions are not permanent.

Hlstory.-§l, ch. 6893, 1909; RGS 4666; CGL 6618. cf .- §350.20, Florida pubIlc utilities commission authorized to

make rules and regulations.

352.05 Passenger occupying part of car set apart for opposite race; penalty.-Any white person unlawfully and willfully occupying, as a passenger, any car or part of car not so set apart and provided for white passengers, and any colored passenger unlawfully and will­fully occupying, as a passenger, any car or part of car not so set apart and provided for colored passengers, shall, upon conviction, be punished by a fine not exceeding five hundred dollars, or imprisonment not exceeding six months. Nothing in this section shall apply to persons lawfully in charge of or under the charge of persons of the other race.

History.-H, ch. 6893, 1909; RGS 6666; CGL 7762. cf.-§775.06 Alternative punishment.

352.06 Penalty for violations §352.04. - If any railroad company or other common carrier shall violate any of the provisions of §352.04, or any rule, order or regulation prescribed by the Florida public utilities commissioners un­der the authority of §350,20, such company or common carrier shall thereby incur for each such offense a penalty of not more than five hundred dollars, to be fixed, imposed and col­lected by said Florida public utilities com­missioners in the manner provided in §350.28.

Bistory.- §3, ch. 5893, 1909; RGS 4556; CGL 6619; §1, ch. 63-279.

352.07 Separate accommodations for white and negro passengers on electric cars. - All persons operating urban and suburban (or

either) electric cars as common carriers of passengers in this state, shall furnish equal but separate accommodations for white and negro passengers on all cars so operated.

HI8tory.-§1, ch. 6617, 1907; RGS 4667; CGL 6620. cf.-§1.01(3) "Person" defined.

352.08 Method of division in electric cars. -The separate accommodations for white and negro passengers directed in §352.07 shall be by separate cars, fixed divisions, movable screens, or other method of division in the cars.

Hlstory.-§2, ch. 5617, 1907; RGS 4668: CGL 6621.

352.09 Divisions to be marked for white or for colored.-The car or division provided for white passengers shall be marked in plain let­ters in a conspicuous place, for white, and the car or division provided for negro passengers shall be marked in plain letters in a conspicu­ous place, for colored.

Hlstory.-§7, ch. 6617, 1907; RGS 4559; CGL 6622.

352.10 Not to apply to nurses.-Nothing in §§352.07-352.09, 352.12-352.15 shall be so con­strued as to apply to nurses of one race at­tending children or invalids of the other race.

HI8tory.-§8, ch. 5617, 1907; RGS 4560; CGL 6623.

352.11 Operating extra cars for exclusive use of either race.-8ections 352.07-352.15 shall not be so construed as to prevent the running of special or extra cars, in addition to the reg­ular schedule cars, for the exclusive accommo­dation of either white or negro passengers.

HI8tory.-§9, ch. 5617, 1907; RGS 4661; CGL 6624.

352.12 Separation of races; penalty.-Any person operating urban and suburban (or eith­er) electric cars as common carriers of passen­gers in this state, failing, refusing or neglecting to make provisions for the separation of the white and negro passengers on such cars as required by law, shall, for each offense, be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than five hundred dol­lars. This penalty may be enforced against the president, receiver, general manager, super­intendent or other person operating such cars.

HI8tory.-§3, ch. 5617, 1907; RGS 5600; CGL 7787.

352.13 Duty of conductors; penalty.-The conductor or other person in charge of any such car shall see that each passenger is in the car or division furnished for the race to which such passenger belongs, and any con­ductor or other person in charge of such car who shall permit any passenger of one race to occupy a car or division provided for pas­sengers of the other race, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding twenty-five dollars, or by imprison­ment in the county jail for not exceeding sixty days.

Hi8tory.-§6, ch. 6617, 1907; RGS 5602; CGL 7789. cf.-§775.06 Alternative punishment.

352.14 Violation by passengers; conductor

Ch. 352 DUTIES TO RAILROAD PASSENGERS AND FREIGHT Ch. 352

may arrest and eject; penalty.-Any passen­ger belonging to one race who willfully occupies or attempts to occupy any such car, or division thereof, provided for passengers of the other race, or who occupying such car or division thereof, refuses to leave the same when request­ed so to do by the conductor or other person in charge of such car, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding fifty dollars, or by imprisonment in the county jail for not exceeding three months. The con­ductor or other person in charge of such car is vested with full power and authority to arrest such passenger and to eject him or her from the car.

Hlstory.-§6, ch. 5617, 1907; RGS 6603; CGL 7790. cf.-§775.06 Alternative punishment.

352.15 Each day of refusal separate offense. -Each day of refusal, failure or neglect to provide for the separation of the white and negro passengers as directed in this chapter shall constitute a separate and distinct offense.

Hlstory.-§4, ch. 5617, 1907; RGS 5601; CGL 7788.

352.16 Separate waiting rooms and ticket windows for white and negro passengers.-All railroad companies and terminal companies in this state shall provide separate waiting rooms and ticket windows of equal accommodation for white and colored passengers at all depots along lines of railway owned, controlled or operated by them, and at terminal passenger stations controlled and operated by them.

Hlstory.-§l, ch. 5619, 1907; RGS 4562; CGL 6625. cf.-§350.21. Construction or remodeling stations to comply

with section.

352.17 Penalty for refusal to comply with law or regulations.-If any railroad company or terminal company in this state shall refuse to comply with any provision of §352.16, or to comply with any rule, order or regulation provided or prescribed by the Florida pub­lic utilities commissioners under the authority of §350.21, such company shall thereby incur a penalty for each such offense of not more than five thousand dollars, to be fixed, imposed and collected by said Florida public utilities com­missioners in the manner provided by law.

Bistory.-§3, ch. 5619, 1907; RGS 4563; CGL 6626; §l, ch. 63-279. cf.-§350.28 Penalty for violation of law.

352.18 Penalty for not providing separate cars for white and negro persons.-If any railroad company or any conductor or other employee thereof, or any person whatever, shall violate the provisions relating to the accom­modation of white or negro passengers, he or they shall be punished by a fine not exceeding five hundred dollars, unless otherwise provided for.

If any railroad company sball fail to com­ply with said provisions of law the punish­ment herein prescribed may be inflicted upon the president, receiver, general manager or superintendent thereof, or upon each and every one of them.

Hlstory.-§§3, 4, ch. 3743, 1887; B-S 2686; GS 8682; RGS 6565; CG L 7761.

352.19 Discrimination in rates. - If any common carrier, engaged in business as such in the state, or any officer, agent or employee thereof, shall, directly or indirectly, by any spe­cial rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person a greater or less compensation for any service rendered, or to be rendered, in the trans­portation of passengers or property, than such common carrier charges, demands, collects or receives from any other person for doing a like and contemporaneous service in the transporta­tion of a like kind of traffic, under substantially similar circumstances and conditions, such com­mon carrier, officer, agent, or employee, shall be guilty of unjust discrimination, which is prohibited and declared to be unlawful. It is unlawful for any person to receive any sum of money, rebate, or other thing of value, directly or indirectly, that is prohibited to be given, charged, demanded, collected or re­ceived by this section.

Hlstory.-§l, ch. 5621, 1907; RGS 4564; CGL 6627. ct.-§30, Art. XVI, const.

§323.19, Auto transportation companies. §350.08, Discrimination prohibited. §350.12, Rules and regulations to prevent discrimina­

tion. §350.32, Action for damages. §360.42, Classes of freight not to be dlscrlmtnated

against. §352.22, Permissible reductions In rates.

352.20 Penalty for violation of §352.19.­Any common carrier or corporation violating any provision or provisions of §352.19 shall, upon conviction thereof by a court of compe­tent jurisdiction, be fined not less than one thousand dollars, nor more than twenty-five thousand dollars. and any officer, agent or em­ployee of such corporation, or any other per­son violating the provisions of §352.19, shall, upon conviction by a court of competent juris­diction, be deemed guilty of a felony and con­fined in the state prison for a term of not exceeding five years.

Hlstory.-§2, ch. 5621, 1907; RGS 5692; CGL 7906.

352.21 Discrimination in passengers or freight.-Any person engaged in the transpor· tation of passengers or freight in this state, or his agents, who shall make any discrimination against or in favor of any person Whatever, upon conviction thereof shall be fined in a sum not less than one thousand dollars nor more than ten thousand dollars.

Hlstory.-§2, ch. 4204, 1893; GS 3662; RGS 5589; CGL 7775. cf.-§1.0H3) "Person" defined.

352.22 Free or reduced transportation pro­hibited, except in certain instances; penalty.-

(1) Any common carrier may grant, and may exchange with any other common carrier, free or reduced transportation or free tickets to or for any of the following classes of persons and property, notwithstanding any such person be a state, county or municipal officer:

(a) Its own officers and own employees (in­cluding pensioners, disabled employees, spe­cial officers, and persons traveling to accept or leave employment of such common carrier) and their immediate families dependent upon them.

Ch. 352 DUTIES TO RAILROAD PASSENGERS AND FREIGHT Ch. 352

(b) Its contractors and their employees and the persons traveling to accept employment with such contractors engaged in any construc­tion work for such common carriers, and their immediate families dependent upon them.

(c) The widows of deceased employees dur­ing their widowhood, and the members of their immediate families dependent upon them.

(d) Its physicians, surgeons, and salaried at­torneys at law, and their immediate families dependent upon them.

(e) Persons employed on sleeping, parlor, dining and express cars while on duty only, and to baggage-soliciting agents, watch inspec­tors and newsboys while on duty only.

(f) Ministers of religion. (g) Traveling secretaries of Young Men's

Christian Associations, and Sunday school field secretaries.

(h) Indigent, homeless or destitute persons when transported by charitable societies, and the necessary agents employed in such trans­portation.

(i) Persons exclusively engaged in charit­able or eleemosynary work, for the purposes of th'eir work.

(j) Persons injured in wrecks, and the physicians, surgeons, nurses, relatives or friends of such injured persons to and from the place of wreck.

(k) To any person, with the object of pro­viding relief in cases of general epidemic, pestilence, or other calamitous visitations in this state.

(1) P~rsons in charge of live stock shipped, from pomt of shipment to point of destination and return.

(m) To sheriffs of the state without dis­crimination.

(n) To witnesses attending any hearing or trial before any court or regulatory commis­sion in which a common carrier is interested, including prosecutions for offenses commit­ted against common carriers or against prop­ert! in their custody. All such free transpor­tation shall be reported to the Florida public utilities commission by the carrier issuing the same at such times and on such forms as may be prescribed by said commission. In all suits, or hearings before any court or regulatory commission, where any railroad is a party and shall transport its witnesses or any of them under the provisions of this section, and shall obtain judgment in its favor, it shall not be al­lowed to recover any costs as mileage or other­wise for transporting said witness or witnesses.

(0) For the household goods, chattels or other personal effects of all employees, agents or servants within the state.

(p) For the carriage, storage, or handling of property for charitable purposes, or to and from fairs and expositions for exhibit thereat.

(2) Any common carrier may grant reduced rates of transportation to or for any of the following classes of persons and property, not­withstanding any such person be a state, coun­ty or municipal officer:

(a) For the transportation of freight wholly within the state for the encouragement of man­ufacturing industries within the state; the same to be given without discrimination and published in the schedules and rate sheets of such common carriers.

(b) By railroad companies only, to members or delegates to and from meetings or conven­tions of any religious body, fraternal society, educational associations or conventions of any other regularly organized associations within the state; provided such railroad companies may include the general public in the benefits thereof, at their option.

(3) Any common carrier may Issue mileage, excursion, or commutation or round trip pas­senger tickets, including excursion rates as heretofore to delegates to political conventions, without favor or discrimination, or second class tickets at a lower rate of fare than first class tickets, for the holders of which second class tickets only second class accommodations shall be allowed.

(4) No free or reduced transportation shall be lawful except as specified in this section, and all transportation other than free must be paid for in cash.

(5) Any individual violating the provisions of this section, either by issuing a free pass or giving a reduced rate unlawfully, or by re­ceiving and using or taking the advantage of the same shall be punished by imprisonment not exceeding six months or by fine not ex­ceeding one thousand dollars; and any com­mon carrier violating this section shall be sub­ject to a penalty to be fixed and imposed by the Florida public utilities commissioners and enforced as provided in chapter 350, and in such amount as provided in said chapter 350 for vio­lations thereof in general.

HI8tory.-§§1-3. ch. 3739. 1887; RS 2691; IH. 19. ch. 4700. 1899; GS 2889. 2919. 3636; fl. ch. 6896. 1909; fl. ch. 622i. 1911; §1. ch. 7319. 1917; fl. ch. 7322. 1917; RGS 4666. 4614. 1658. 4659. 6671; fl. ch. 9304. 1923; fl. ch. 10226. 1925; 11. ch. 10235. 1926; 11. ch. 10280. 1925; CG L 6628. 6629. 6630. 6699, 6744, 6745. 7757; §1. ch. 63-279. cf.-§31. Art. XVI. const.

§350.28 Additional penalties.

352.23 Penalty for issuing free pass to state officers.-If any stockholder, director, presi­dent or other officer or agent of any railroad or other transportation company or common carrier in this state, or any person in any way connected with any such company or common carrier, grants, sends or delivers a free pass over any railroad, steamboat or other transpor­tation line, or for any distance thereon, or dis· counts the fare thereon paid by the public generally, to any member of the legislature, or salaried officer of the state, he shall be pun­ished by imprisonment not exceeding one year, or by fine not exceeding one thousand dollars.

Hi8tory.-§1. ch. 8741. 1887; RS 2689; GS 3634; RGS 5569; CGL 7755. cf.-§775.06 Alternative punishment.

352.24 Penalty for receiving pass. - Any member of the legislature, or any salaried of­ficer of the state, who receives such pass, or any such discount mentioned in §352.2S, shall

Ch~ 352 DUTIES TO RAILROAD PASSENGERS AND FREIGHT Ch. 352

be subject to the punishment prescribed there­in.

Hl.t0l'7.-t2, ch. 87tt, 1887; RS 2690; GS 8685; RGS 6670; CGL 7766.

352.25 To receive, transport and deliver freight.-Any railroad or canal company op­erating in this state shall receive for shipment and transportation any and all grain, cotton, lumber and other freight that shall be offered to such company, its authorized agents, ser­vants or employees, for transportation over their road or canal, and shall make and deliver for such grain or other freight consigned to any consignee or consignees the usual bills of lading to the shipper or consignor thereof, and shall transport and convey all freights over its road or canal at the tariff or charges then in force to such person as the same may be directed or shipped to by the owner, ship­per or consignor of such property, and shall deliver such freight as may be designated in the bills of lading.

mst0l'7.-§35, ch. 1988, 1874; RS 2269; as 2861; ROB 4571; COL 6636. ct.-f350.57. Porma ot billa of ladlng.

§353.1K, Action against connectingo l1nes. §§831.01, 831.02, Porgery or counterfeiting billa of lading.

352.26 Freight to be delivered according to terms and direction.-Public or common car­riers in this state are required to deliver all freight received by them for transportation according to the terms of the contract under which they are received. The bill of lading or other memorandum, as made between the con­signor and carrier at the initial points, shall be considered as the evidence of direction by which freights are to be received, carried and delivered by the common carriers in this state, and any common carrier violating the provi­sions of this section shall be liable in damages to the person aggrieved.

mstor:r.-§l. ch. 3610. 188G; RS 2348; as 2862; ROS 4572; caL 6837. ct.-<:h. 353. Claims for lost or damaged freight.

352.27 Penalty for not delivering freight according to terms and directions.-Any officer, agent or employee of any common carrier in this state who shall violate the provisions of §352.26 shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars. c~ot;~§2. ch. 3610. 1885; RS 2695; as 3MO; ROB 5576;

ct.-ITIII.06 Alternative punishment.

352.28 Regulations for transporting fire­wood.-No railroad or canal company shall be compelled to transport firewood, unless the same shall be piled up at some reasonably con­venient point on its line in quantities suf­ficient to load at least five cars at one time or one canal boat. When that is done and three days' notice is given to the proper officer in person, or by mail to the principal officer of such company, such company shall provide suf­ficient cars or boats to transport such wood, but such wood shall be loaded and unloaded by the owners thereof. The company shall charge no

more for the transportation of wood than is prescribed in the tariff or rates.

mst0l'7.-138, ch. 1988. 1874; RS 2270; as 2883; R08 4573; COL 6838.

352.29 Must provide flat cars with suitable appliances for hauling lumber, etc. - Every railway company or person engaged in the business of carrying for hire in this state, shall efficiently and suitably equip and supply every and all flat cars and cars belonging to such carrier, and which may be furnished on which to load any cargo of lumber or timber with all proper and sufficient standards, sup­ports, stays, strips, railing, and other equip­ments and appliances necessary to hold and keep the cargo firmly in place.

mstor:r.-§l. ch. 5213. 1903; as 28M; R08 4574; COL 8839.

352.30 Appliances weighed as part of cars. -The standards, supports, stays, strips, rail­ings, equipment, appliances, contrivances, etc., provided for in the preceding section shall constitute and be held and considered part and parcel of said cars and the weight of the same shall be added to the weight of the car and shall be deducted from the weight of the cargo of lumber and timber shipped so that the freight charges shall be charged by the car­riers only on the cargo.

mstor:r.-§2. ch. 5213. 1903; as 2886; R08 4575; COL &MO.

352.31 Penalty for not providing appliances. -Whenever any such carrier shall fail in the duty imposed upon it, in respect of its said cars in §§352.29 and 352.30 and the unsupplied standards, supports, strips, and other proper equipments shall be provided by the shipper, such carrier owning car, shall pay the ship­per one and one-half dollars for each and every car to which it may be necessary for said ship­per to supply or provide any such standard, support, strips or other equipments, as com­pensation to the shipper for the same, payment of which sum shall be made by the carrier to the shipper upon demand of the shipper made upon any agent of the carrier, and the shipper shall have a lien therefor on said car.

mstor:r.-§3. ch. 5213. 1903; as 2868; R08 4576; COL 8M1.

352.32 River boats to deliver freight in dry places.-The . captains of all steamboats and barges transporting freight upon any of the rivers in this state shall place such freight at the landings in the warehouse, or, in case there is no warehouse, in a dry and convenient place so that it may not be damaged by reason of the water or mud. A failure to comply with the provisions of this section shall subject the ?",:ner of such boat or barge to pay to the party InJured double the amount of damages sustained and all costs of suit, including a reasonable at­torney's fee for the plaintiff.

mstor:r.-§3. ch. 5213. 1903; as 2866; ROB 4576; COL 6641.

352.33 Construction of cars for transporta­tion of cattle.-It is unlawful for any railway or other transportation company doing busi­ness in the state, to transport within the boun-