Opinion
November 14, 1952.
Petition from the Florida Bar.
Wm. A. McRae, Jr., Bartow and Donn Gregory, Tampa, for the petition.
This is a petition of the Florida Bar directing our attention to Chapter 26655, Acts of 1951, F.S.A. § 454.031, authorizing the Supreme Court to prescribe requirements and standards for admission to the bar and imposing such additional duties on the State Board of Law Examiners as will enable it to meet the requirements of said Act. The petition also points out that the additional and important duties imposed on the State Board of Law Examiners by said Act, requires more equipment and clerical personnel to perform them adequately. It prays that this court enter an order authorizing the State Board of Law Examiners to purchase said equipment and employ so much additional clerical personnel as it may deem necessary to comply with the duties imposed on it.
Said petition stems from the same Act as the petition filed May 2, 1952, praying (1) that this court, by appropriate order take charge of all unexpended moneys which have heretofore been paid over to the State Board of Law Examiners, including those which may hereafter be paid over to it, and require said board to make such report to this court in respect to said funds as deemed advisable. (2) Direct the State Board of Law Examiners to employ an administrative officer who will devote his full time and attention to the duties of said board and report to this court with respect to said employment.
In 61 So.2d 646, we denied said petition because (1) Chapter 26655 was devoid of any authorization to appoint an administrative officer, such an appointment contemplating an exercise of some element or elements of sovereignty that could be accomplished only by legislative authorization. (2) In regard to taking charge of all unexpended moneys, heretofore or hereafter paid to the State Board of Law Examiners, we held that this could not be done because Chapter 25068, Acts of 1949, F.S.A. §§ 282.001, 282.002, requires that said moneys be paid into the general revenue fund. These were the only questions before us in the petition of May 2d and the arguments were directed solely to said questions.
The instant petition seeks to accomplish a wholly different objective. Its prayer is directed to an appropriate order authorizing the State Board of Law Examiners to employ additional clerical help and purchase such additional office equipment as it may deem necessary to adequately administer the new duties imposed on it by the court pursuant to said Act.
Section 2, Chapter 26655, vests this court with power to prescribe additional duties, powers and procedures for the State Board of Law Examiners as may be reasonable and necessary to administer the Act. In this connection it has been brought to our attention that Chapter 26655 abolished what is currently known as the "diploma privilege" and requires all applicants to practice law in Florida, to take the bar examination prescribed and held by the State Board of Law Examiners. This change in the law has imposed a very heavy additional burden on said Board, necessitating more clerical assistance and office equipment to adequately administer the additional burden.
In our view, Section 454.14, F.S.A., clearly authorizes the State Board of Law Examiners to employ extra clerical help when needed and while Chapter 26655 does not in terms authorize the said board to employ additional clerical help and purchase additional equipment, we hold that it must do so by implication since it so materially enlarged the duties of said board. It is also our opinion that Chapter 26655 may be read in connection with Section 454.14, F.S.A., and when done, there is ample authorization for the State Board of Law Examiners to purchase the necessary equipment and employ such additional clerical help as may be necessary for it adequately to perform the duties imposed on it.
In consideration of which the court hereby authorizes the State Board of Law Examiners to purchase the necessary equipment and employ such additional clerical help and administrative personnel as may be deemed essential to properly execute its duties.
It is so ordered.
SEBRING, C.J., and THOMAS, HOBSON, MATHEWS and DREW, JJ., concur.
ROBERTS, J., dissents.