What we have heretofore said disposes of the problem before us except as to the contention of appellee Stewart to the effect that by the enactment of Chapter 29615, Laws of Florida 1955, Regular session, which adopted the Florida Statutes of 1955,
F.S.A. s 16.19, the Legislature in effect reapportioned the Florida Senate by including
Section 10.01, Florida Statutes 1955, F.S.A., in the 1955 Revision.
Section 10.01, Florida Statutes, F.S.A., is nothing more than the codification of Chapter 23614, Laws of Florida 1945, reapportioning the State Senate as of November 5, 1946. While we have held that the inclusion of a general Act of the Legislature in the statutory revision will cure a defect in the title of the Act, as it originally passed the Legislature, see
State ex rel. Badgett v. Lee, 156 Fla. 291, 22 So.2d 804, we cannot conclude that the Legislature of 1955 can perform the constitutional duty imposed upon it in 1955 by including in the Revision a reapportionment Act enacted in 1945. The third sentence of
Article VII, Section 3, of the Florida Constitution, provides that the preceding regular Federal or State Census which shall have been taken nearest any apportionment shall control in the making of any such reapportionment. An examination of
Section 10.01, Florida Statutes 1955, F.S.A., will reveal that it became effective at the general election on the 5th day of November, 1946. It could hardly be logically contended that a reapportionment effective in November, 1946, could have been based upon the Federal Census taken in 1950, which we judicially know to be the last preceding regular Federal Census and the one which would control any reapportionment made by the 1955 Legislature. We dispose of this point by adopting the reasoning of the Supreme Court of Alabama
in Re Opinion of the Justices, 1950, 254 Ala. 185, 47 So.2d 714, 717, where the following conclusion was reached.