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STATE BOARD OF HEALTH--QTJARANTINE­
.
-, MAINTENANCE.'
­
Tallahassee, Fla., July 8, 1921.
Ray1nond C. Turck,
State Health Officer)
J aoksonville, Fla. .
D1'.
I have your inquiry 'under date of the' 6th instant as
follows:
- "A copy of Chapter 8557-(No. 162), has just been r~­
ceived, and I note that Section 2016, reads in part as fol- "
lows: 'To create a special fund for maintenance and sup­
port of the State Board of Health, other than· for main-.
tenance, quarantine, or maritime sanitation.'
"Please give me an official opinion as to the interpreta­
tion of the latter part of this section. May we construe
'other than for maintenance, quarantine, etc.', to relieve
the State Board of Health of the financial consideration
of maintaining quarantine in cases of smallpox ~"
Chapter 8557, Laws of Florida, Acts of 1921, makes no
change in the law except in providing for the levy and col­
lection of a tax of one-fourth of one mill instead of one­
half of one mill.
Section 2016 of Revised General Statutes, prior to its
amendment as above noted, was an exact re-enactment of
Section 1, of Chapter 4693, Laws of Florida, Acts of 1899.
Hence, the duties imposed by law upon the State Board of
Health are in no way lessened by 'the Act of 1921; it is
simply provided with less means' with which to perform
them.
.
. Standing alone said Section 2016 is incongruous and un­ intelligible, and to adopt a literal construction of it as it
stands would lead to the absurd result of providing a fund
for a certain purpose with one hand and taking it away
with the other. But this section is to be read and con­
strued in connection with the whole statute of 'which it is
a part,-Sections 1986 to 2019, both inclusive, of the Re­
vised General Statutes;-and in accordance with the well
established rules applied in the construction of statutes.
"Where a word has been omitted, and the context af­
fords the means of correction, the proper word will be
deemed substituted or supplied. This is but making the
strict letter of the statute yield to the obvious intent."
Considering this section in connection with Sections
1992, 1996, and 2004, it is evident that the word" of" was
inadvertently omitted between the word" quarantine" and
the word "maintenance" immediately preceding. With
that word so incorporated in the section, it is easily under­
stood, clear, and makes the whole statute harmonious.
Section 1992 provides for quarantine in cases of small­
pox in any portion of this State, while Section 1996 pro­
vides for. quarantine of vessels hailing from infected, for­
eign ports, with their crews, passengers and cargo, and
further provides that the Board "shall charge and receive
from such vessels" the expenses of such quarantine, etc.
'faking the statute as a ,",iThole, it seems to be clear that
the Board of Health is required to bear the financial bur­
den of quarantinne in cases of smallpox in any.portion of
this State out of the fund provided for by Section 2016,
as amended, but that no part of such fund shall be used for
maintenance of maritime quarantine or sanitation that may
be required under the provisions of Section 1996, since the
quarantined vessels are required to meet the expenses
thereof.
J?or the reasons above stated, I anl of the opinion that
the statute referred to cannot be construed" to relieve the
State Board of Health of the financial consideration of
maintaining quarantine in cases of smallpox."
Yours very truly,
RIVERS BUJ?ORD,
Attorney General.
JO-Atty. Gen.
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