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 December 1969
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Group Title: Journal of the Florida House of Representatives.
Title: Journal of the House of Representatives of the session of ..
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Title: Journal of the House of Representatives of the session of ..
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Publication Date: December 10, 1969
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Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

Table of Contents
    Title Page
        Title Page 1
        Title Page 2
    Members of the House of Representatives - Special Session, 1969
        Page i
        Page ii
    December 1969
        Monday, December 1
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
        Tuesday, December 2
            Page 16
            Page 17
            Page 18
            Page 19
            Page 20
        Wednesday, December 3
            Page 21
            Page 22
            Page 23
            Page 24
        Thursday, December 4
            Page 25
            Page 26
            Page 27
            Page 28
            Page 29
            Page 30
            Page 31
            Page 32
            Page 33
            Page 34
            Page 35
            Page 36
            Page 37
        Friday, December 5
            Page 38
            Page 39
            Page 40
            Page 41
            Page 42
            Page 43
            Page 44
            Page 45
            Page 46
            Page 47
            Page 48
            Page 49
            Page 50
            Page 51
            Page 52
        Monday, December 8
            Page 53
            Page 54
            Page 55
            Page 56
            Page 57
            Page 58
            Page 59
            Page 60
        Tuesday, December 9
            Page 61
            Page 62
            Page 63
            Page 64
            Page 65
            Page 66
            Page 67
            Page 68
        Wednesday, December 10
            Page 69
            Page 70
            Page 71
            Page 72
            Page 73
            Page 74
            Page 75
            Page 76
            Page 77
            Page 78
    Index
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
Full Text





Journal
of the

House of Representatives



SPECIAL



SESSION



of the



FIRST LEGISLATURE
[under the Constitution as Revised in 1968]


Pursuant to
Article III, Section 3c(1)
Florida Constitution



DECEMBER 1, 1969 through DECEMBER 10, 1969

































f^h .--'^

92.










MEMBERS OF THE HOUSE OF REPRESENTATIVES

Special Session 1969
[Democrats in roman (77); Republicans in italic (42)]

District



District



ESCAMBIA
1 Roy L. Hess, Pensacola (D)
2 Gordon W. Tyrrell, Pensacola (D)
3 Tom Tobiassen, Pensacola (R)
4 Jim Reeves, Pensacola (D)
SANTA ROSA-OKALOOSA-WALTON-
HOLMES-WASHINGTON
5 Edmond M. (Ed) Fortune, Pace (D)
6 Henton D. (H.D.) Elmore, Crestview (D)
7 J. G. Melvin, Ft. Walton Beach (D)
BAY-GULF-CALHOUN
8 John Robert Middlemas, Panama City (D)
9 Joe Chapman, Panama City (D)
LIBERTY-JACKSON-GADSDEN
10 R. D. Woodward, Jr., Quincy (D)
11 Wayne Mixson, Marianna (D)
FRANKLIN-WAKULLA-LEON
12 Miley Miers, Tallahassee (D)
13 Donald L. Tucker, Crawfordville (D)
JEFFERSON-MADISON-TAYLOR-
LAFAYETTE
14 Ken Smith, Perry (D)
SUWANNEE-DIXIE-HAMILTON-
GILCHRIST-LEVY
15 Howell Lancaster, Trenton (D)
NASSAU-BAKER-COLUMBIA-
BRADFORD-UNION-CLAY
16 Gene Shaw, Starke (D)
17 Ralph C. Tyre, Lake City (D)
DUVAL
18 Roger West, Jacksonville (D)
19 Ted Alvarez, Jacksonville (D)
20 Carl Ogden, Jacksonville (D)
21 Lew Brantley, Jacksonville (D)
22 John Crider, Jacksonville (D)
23 Lynwood Arnold, Jacksonville (D)
24 Frederick H. Schultz, Jacksonville (D)
25 R. Earl Dixon, Jacksonville (R)



26
27
28


29
30
31


32
33
34


35
36
37


38
39
40
41
42
43
44
45


46
47
48
49
50
51
52
53
54


55
56
57



J. Wertz Nease, Jacksonville (R)
Don Nichols, Jacksonville (D)
Harry Westberry, Jacksonville (D)
ALACHUA-MARION
Ralph D. Turlington, Gainesville (D)
Kenneth H. MacKay, Jr., Ocala (D)
Bill Andrews, Gainesville (D)
PUTNAM-FLAGLER-ST. JOHNS-LAKE
W. H. (Bill) Reedy, Eustis (D)
James A. Glisson, Eustis (R)
A. H. (Gus) Craig, St. Augustine (D)
VOLUSIA
William R. Conway, Ormond Beach (D)
James H. Sweeny, Jr., DeLand (D)
William M. Gillespie, New Smyrna Beach (D)
ORANGE-SEMINOLE
Leonard V. Wood, Altamonte Springs (R)
Cecil L. Bothwell, Jr., Winter Park (R)
Bill Fulford, Orlando (D)
David L. Lindsey, Orlando (R)
William D. Gorman, Winter Park (R)
Lewis Earle, Maitland (R)
E. Pope Bassett, Maitland (R)
William L. Gibson, Orlando (R)
PINELLAS
John J. Savage, St. Petersburg (R)
Mary R. Grizzle, Indian Rocks Beach (R)
John T. Ware, St. Petersburg (R)
Jack Murphy, Clearwater (R)
Ed S. Whitson, Jr., Clearwater (R)
A. S. (Jim) Robinson, St. Petersburg (R)
Don H. Stafford, Largo (R)
William H. Fleece, St. Petersburg (R)
Roger H. Wilson, St. Petersburg (R)
POLK-SUMTER
John R. Clark, Lakeland (D)
Bob Brannen, Lakeland (D)
William H. (Bill) Bevis, Fort Meade (D)










District



58 Quillian S. Yancey, Lakeland (D)
59 E. C. Rowell, Wildwood (D)
HILLSBOROUGH-CITRUS-
PASCO-HERNANDO
60 Ed Blackburn, Jr., Tampa (D)
61 James L. Redman, Plant City (D)
62 William M. Register, Jr., Tampa (D)
63 Elvin L. Martinez, Tampa (D)
64 Guy W. Spicola, Tampa (D)
65 T. Terrell Sessums, Tampa (D)
66 John L. Ryals, Brandon (D)
67 Paul W. Danahy, Tampa (D)
68 Richard S. Hodes, Tampa (D)
69 John R. Culbreath, Brooksville (D)
70 Tommy Stevens, Dade City (D)
BREVARD-OSCEOLA-INDIAN RIVER-
OKEECHOBEE
71 Charles E. Davis, Jr., Vero Beach (R)
72 Richard J. Tillman, Cocoa Beach (R)
73 Clifford A. McNulty, Melbourne (R)
74 William E. Powell, Indialantic (R)
ST. LUCIE
75 Charles (Chuck) Nergard, Fort Pierce (R)
MARTIN-PALM BEACH
76 Donald H. Reed, Jr., Boca Raton (R)
77 Jack Poorbaugh, Boynton Beach (R)
78 William G. James, Delray Beach (R)
79 Raymond J. Moudry, West Palm Beach (R)
80 John Jordan, Palm Beach (R)
81 David C. Clark, West Palm Beach (R)
BROWARD
82 C. Lavon Ward, Ft. Lauderdale (R)
83 Arthur H. Rude, Ft. Lauderdale (R)
84 George L. Caldwell, Ft. Lauderdale (R)
85 Richard A. Bird, Ft. Lauderdale (R)
86 Henry J. Prominski, Pompano Beach (R)
87 Joel Karl Gustafson, Ft. Lauderdale (R)
88 Joseph M. Martinez, Jr., Hollywood (R)
89 Charles J. King, Plantation (R)



90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108


109
110
111



DADE
Maxine E. Baker, Miami (D)
Dick Renick, Miami (D)
George Firestone, Miami (D)
Dick Clark, Coral Gables (D)
Lew Whitworth, Miami Lakes (D)
Murray H. Dubbin, Miami (D)
Gerald Lewis, Coral Gables (D)
Richard A. Pettigrew, Miami (D)
Talbot (Sandy) D'Alemberte, Miami (D)
Joe Lang Kershaw, Miami (D)
Walter W. Sackett, Jr., Miami (D)
Harold G. Featherstone, Hialeah (D)
Vernon C. Holloway, Miami (D)
Carl A. Singleton, Coral Gables (D)
Robert C. Hector, Miami (D)
Robert Graham, Miami Lakes (D)
Robert C. Hartnett, Miami (D)
George I. Baumgartner, North Miami (D)
Marshall S. Harris, Miami (D)

DADE-MONROE
Jeff D. Gautier, Miami (D)
Carey Matthews, Miarhi Beach (D)
Louis Wolfson II, Miami Beach (D)



COLLIER-GLADES-HENDRY-LEE
112 Ted Randell, Fort Myers (D)
113 James Lorenzo Walker, Naples (D)

MONROE-DADE
114 William G. Roberts, Key West (D)

HARDEE-MANATEE
115 Jerome Pratt, Palmetto (D)
116 Tom Gallen, Bradenton (D)



117
118
119



DESOTO-HIGHLANDS-CHARLOTTE-
SARASOTA
Jim K. Tillman, Sarasota (R)
Donald E. Heath, Nokomis (R)
Granville H. Crabtree, Jr., Sarasota (R)



OFFICERS OF THE HOUSE OF REPRESENTATIVES

Special Session 1969



Speaker-Frederick H. Schultz
Speaker pro tempore-T. Terrell Sessums



Clerk-Allen Morr
Sergeant at Arms-Claude E. Wingal



District











THE JOURNAL OF THE FLORIDA



House of Representatives


PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION



MONDAY, DECEMBER 1, 1969



Beginning of a Special Session of the First Legislature under the Constitution as Revised in 1968, convened
by Proclamation of the Governor and held at the Capitol in Tallahassee, Florida, on Monday, December 1,
1969.



The House of Representatives was called to order at 11:00
A.M. by the Honorable Frederick H. Schultz, Speaker, pursuant
to the following Proclamation of the Governor, which was read
by the Clerk, Allen Morris:

PROCLAMATION
STATE OF FLORIDA
Executive Department
Tallahassee
To the Honorable Members of the Florida Senate and the
House of Representatives:
WHEREAS, it is vital to the interest of the State that the
Legislature immediately consider and adopt legislation for the
funding of a road building program for Florida, and
WHEREAS it is imperative that the Legislature resolve the
question of election primary dates, and
WHEREAS, it is my belief that it is in the best interest of
the citizens of this State that a Special Session be called to
accomplish these important purposes;
NOW, THEREFORE, I, Claude R. Kirk, Jr., as Governor of
the State of Florida, by virtue of the authority vested in me by
Article III, Section 3c(1), Constitution of 1968, do hereby
convene the Legislature of the State of Florida in Special
Session at the Capitol, Tallahassee, Florida, for ten (10) days
commencing on Monday, December 1, 1969.
This call is for the sole and exclusive purpose of adopting
legislation to implement and properly fund the sixteen-year
road building program for the State of Florida and to select
1970 election primary dates.

SIN WITNESS WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
2 be affixed at Tallahassee, the Capitol
this November 7, 1969.
B WE CLAUDE R. KIRK, JR.
Governor
ATTEST:
TOM ADAMS
Secretary of State
The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen



Brantley
Caldwell
Cha man
Cark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte



Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen



Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector



Hess Miers
Hodes Mixson
Holloway Moudry
James Murphy
Jordan Nease
Kershaw Nergard
King Nichols
Lancaster Ogden
Lewis Pettigrew
Lindsey Poorbaugh
MacKay Powell
Martinez, E. L. Pratt
Martinez, J. M. Prominski
Matthews Randell
McNulty Redman
Melvin Reed
Middlemas Reedy



Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett
Savage
Sessums
Shaw
Singleton
Smith
Stafford
Stevens
Sweeny



Tillman, J. K.
Tillman, R. J.
Tucker
Turlington
Tyre
T ell
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Excused: Representatives Spicola and Walker.
A quorum was present.

Prayer
Prayer by The Reverend Ray C. Tindall, Pastor of East Hill
Baptist Church, Tallahassee:
From Thy Word, our Heavenly Father, we read, "In the
beginning God." At the beginning of this special session of
the Legislature we meekly pause to acknowledge Thee as
God over all and in all. As Thy holiness, majesty and glory
are seen in the vastness and wonder of the universe, so are
Thy providence, spirit, love awareness, concern and
guidance experienced in our individual lives. Bless, we pray,
these esteemed leaders and representatives of the people
who now assemble to enact the laws of Florida. May all be
in keeping with the divine will and purpose. We come this
hour to seek Thy help in the affairs of State. May our
prayer not go amiss because of unworthy motives or
self-aggrandizement but may each heart be thoroughly
searched, purged and cleansed in order for noble and
worthwhile legislation to be enacted, legislation which will
be in keeping with the needs and welfare of this great
State. During these special days may Thy will be sought.
May Thy presence be felt, Thy leadership acknowledged
and Thy guidance followed. In His name we pray. Amen.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of the Regular Session of June 6, 1969 was
approved.

Remarks by the Speaker
The Governor has called us into Special Session to
consider the subject of roads and the date of the next
1











JOURNAL OF THE HOUSE OF REPRESENTATIVES



primary election. There is a need for additional roads in
Florida, particularly in those areas which show the greatest
population growth. Unfortunately, Florida, like all state
governments, is faced with increasing financial needs in
many areas education, health, welfare, conservation and
law enforcement to name a few. Our needs are growing but
our sources of revenue do not keep pace. In the Regular
Session next Spring we will be faced with a serious fiscal
problem. At the present time our rate of expenditures
exceeds our rate of income. Balancing our budget without
new taxes will be a problem of massive proportions if we
are going to try to meet even the minimum needs of vital
state programs. I have said again and again that we must
make every effort to meet the basic needs of state
government without new taxes. Most of our citizens feel
like the cab driver in Tampa that I recently talked to. His
attitude was "we pay too many taxes and don't get our
money's worth". The burden of taxation at the Federal
level is heavy and Congress has recently extended the
surtax. Our quandary will be compounded in the Spring for
it seems well-nigh certain that we will then be in the midst
of an economic slowdown, possibly one of serious
proportions. With paychecks being eroded as a result of
inflation, we must make every effort to avoid new taxes
until our citizens are given some relief from inflation on
one side and the burden of Federal taxation on the other.
In addition it seems clear that, although there is a need
for roads, there is no emergency need for road funds. On
June 30th the State Department of Transportation had 206
million dollars on hand in cash and investments. Part of
this was necessary for mandatory reserves and another
portion for funds committed to present or future projects.
However, some 73 million appears to have been
uncommitted and available at that time. Add to this the
present gasoline taxes which are due to produce somewhere
in the vicinity of 200 million dollars for the present fiscal
year and it is clear that adequate funds are available for
present projects. In view, therefore, of the above three
factors; one, a serious fiscal problem which dictates that all
state needs must be considered at the same time; two, an
already heavy burden of taxation and three, no emergency
need, I recommend that this House of Representatives not
pass any additional funding program for roads.
What then of the future? Florida is growing and our
needs are increasing. Up to now, our approach has in many
cases been to simply throw more money at a problem. We
must start to give first priority to more efficient use of our
resources. Two years ago 12 million dollars in Federal
funds were lost due to a lack of planning in the State
Department of Transportation and last year an additional
19 million. This Legislature must find ways to insure better
management of the State Department of Transportation
without being involved in day-to-day administration or
specific designation of roads. We must exercise a degree of
budget control. The Transportation Committee of this
House of Representatives has already focused on a number
of areas where improvements can be made, including such
things as administrative costs, right-of-way acquisition,
consultant fees and competitive bidding. I hope they will
continue to move ahead as rapidly as possible in developing
concrete proposals. The issue of confidence in government
is critical and the people want their legislature to demand
higher standards of efficiency. I, for one, will continue to
refuse to vote for any increase in taxes until we receive
convincing evidence that the money we presently spend is
being used efficiently and in the best interest of the people.
On the subject of Primary Dates, most of us here in the
House of Representatives voted for September. There were



December 1, 1969



varying reasons including such items as cost, a compression
of the time for campaigning to develop more interest on
the part of the people, a reluctance to move the Session
dates and sufficient time to consider the Governor's budget
recommendations. The people do not seem to be
particularly excited about this issue. We have, however,
heard strong opinions expressed by the other elected
officials on both the state and local level and the
preponderance is in favor of keeping the primaries in the
late Spring. Therefore, I recommend to you that in spite of
our personal feelings, we set the First Primary some time in
May with the Second Primary to follow three weeks later.

There are certain other matters which I consider to be of
an emergency nature and recommend to you for
consideration in this Special Session. One, the matter of the
date of the next Regular Session. As in the matter of the
Primaries, there are a variety of factors to be taken into
consideration and each of us assigns different weights to
these factors. In my opinion the two most important
factors are the period of time between the end of the
session and the First Primary on one hand and adequate
budget consideration on the other. The Governor is
required to submit his budget recommendation on February
15th. Our appropriations committee has been hard at work.
Each member of that committee recognizes the magnitude
of the problem which he faces. When the session begins,
these members will be better informed than any previous
committee in the history of this state. In my opinion, they
can cope with the problem in a much shorter period of
time. My recommendation, therefore, is to begin the
Session in the latter part of February or perhaps the first
week in March. Every effort should be made to finish the
Session in forty-five (45) days so that legislative issues do
not become influenced by political campaigning.

Second, the people of this state recently went to the
polls to overwhelmingly reenact the Education Construction
Amendment. Our educational institutions need these dollars
as soon as possible. Matching Federal funds could be lost if
we do not act prior to January 1st. I, therefore,
recommend that we recognize the mandate of the people
and pass the Implementing Bill at this Special Session.

Third, during the last Session of the Legislature the
Executive underestimated the number who would be
eligible to receive Aid for Dependent Children. The
Legislature appropriated sufficient monies based on that
estimate to meet a minimum level of support. Now the
Department of Health and Rehabilitative Services has
announced a cut-back in this minimum program. We have a
commitment to the 200,000 children of this state who
receive aid. We must keep that commitment. I recommend,
therefore, that this Legislature pass a bill authorizing the
transfer of 1.7 million dollars from the General Revenue
Fund. Present revenue should cover that amount. If it does
not, then all of the other operations of state government
must somehow tighten their belt a little to provide
sufficient funds to go around.

Even though I regard additional funding for roads as a
serious mistake in this session, there is much that can be
done to improve our road program and take care of
emergency needs in other areas. I hope, ladies and
gentlemen of the House, that we can go about our business
as rapidly as possible so that the cost of this Special
Session can be held to an absolute minimum.
On motion by Mr. Rowell, the above remarks by the
Honorable Frederick H. Schultz, Speaker, were ordered spread
upon the Journal.



2











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Election of Sergeant at Arms
The Speaker announced nominations now would be received
for Sergeant at Arms, to fill the unexpired term of the late W.
A. Ballentine.
Mr. Claude E. Wingate was nominated for Sergeant at Arms
by Representative James, which nomination was seconded by
Representative Tyre.
On motion by Representative Brantley, nominations were
closed and an unanimous ballot was cast for Mr. Wingate as
Sergeant at Arms.
Mr. Wingate was declared the duly elected Sergeant at Arms.
The Speaker introduced Mr. and Mrs. Wingate to the House.
The Oath of Office was administered to the Sergeant at Arms
by Judge J. E. Weatherford, County Judge of Nassau County.

Communications
Governor Claude R. Kirk, Jr., advised the House that he
desired to address the Legislature in Joint Session today.

Introduction of House Concurrent Resolution
On motion by Mr. Rowell, the rules were waived and-

HCR 1-A ORG.-A concurrent resolution providing that the
House of Representatives and the Senate convene in joint
session.
WHEREAS, His Excellency, Governor Claude R. Kirk, Jr., has
expressed a desire to address the Legislature in joint session;
NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida, the Senate Concurring:
That the House of Representatives and the Senate convene in
joint session in the chamber of the House of Representatives at
12:00 noon this day, Monday, December 1, 1969, for the
purpose of receiving the message of the Governor.
-was read the first time in full.
On motions by Mr. Rowell, the rules were further waived and
HCR 1-A Org. was read the second time by title, adopted and
ordered immediately certified to the Senate.
The House reverted to the order of-

Communications
Honorable Frederick H. Schultz December 1, 1969
Speaker, House of Representatives
Dear Sir:
In compliance with the provisions of Article III, Section 8(b),
of the State Constitution, I am transmitting to you for
consideration of the House the following vetoed bills, with the
Governor's objections attached thereto:
CS for HB 348 (1969 Regular Session)-An act relating to
public hospitals; permitting physicians licensed under chapter
458, 459, 461, or 466, Florida Statutes, to practice in public
hospitals; prohibiting discrimination against such physicians or
surgeons; prohibiting the denial of such privileges based on
membership in professional associations or graduation from a
school or college of medicine, osteopathy, podiatry, or
dentistry; providing for the promulgation of rules and
regulations; defining the term "public hospital"; providing an
effective date.
HB 686 (1969 Regular Session)-An act relating to the fitting
and selling of hearing aids, amending section 468.128, F. S.,
adding new subsections (3), (4), and (5) to provide for certain
fees; amending part III, chapter 468 adding a new section 468,
F. S., to provide for the disposition of fees; amending 468.130
adding new subsection (15) to prohibit advertising gifts,



premiums, discounts or credit terms amending subsection (1)
of section 468.134, F. S., excluding certain persons from
licensing provisions and changing the annual fee; amending
subsection (2) of section 468.124, F. S., explaining payment of
the council; providing an effective date.
HB 990 (1969 Regular Session)-An act relating to the
assessment of each county's annual minimum share of the
minimum foundation program; amending section 236.07(9)(a)
to provide for, and define, the three (3) mill equivalency test as
the formula for assessing each county's annual minimum
financial effort- repealing section 236.071, Florida Statutes,
removing the formula of index of taxpaying ability as the
method of assessing each county's annual minimum financial
effort; providing for legislative auditor to make studies of level
of assessment and to certify results; providing for a distribution
of all funds appropriated for education; providing an effective
date.
HB 1047 (1969 Regular Session)-An act providing for the
relief of Harold Elliott, a minor, providing for reimbursement
for related damages arising out of an accident on March 17,
1965, while he was in attendance as a pupil in the public
schools of Palm Beach County, Florida, which resulted in
fractures around his eye, partial loss of vision, and other
grievous injuries; providing an appropriation; and providing an
effective date.
HB 2507 (1969 Regular Session)-An act amending chapter
421.27(2), Florida Statutes, relating to the appointment of
housing authority commissioners by the board of county
commissioners in each county of the state having a population
of not less than seventy thousand (70,000) and not more than
seventy-four thousand two hundred (74,200) according to the
latest official decennial census; providing an effective date.
HB 2733 (1969 Regular Session)-An act amending,
supplementing and repealing certain sections of Chapter 7081,
Special Acts of 1915 creating a special taxing district in Palm
Beach County, Florida, then known as the Lake Worth Inlet
District, and all acts supplementary and amendatory thereto,
including Chapter 7522, Special Acts of 1917; Chapter 8800,
Special Acts of 1921; Chapter 9993, Special Acts of 1923;
Chapter 10756 and Chapter 11694, Special Acts of 1925;
Chapter 12074, Special Acts of 1927 Chapter 13685, Special
Acts of 1929, Chapter 14753, Special Acts of 1931, Chapter
17089, Special Acts of 1935, Chapters 18766, 18771 and
18772, Special Acts of 1937, Chapter 26108, Special Acts of
1949, Chapters 27800, 27801 and 27805, Special Acts of 1951,
Chapters 29391 and 29393, Special Acts of 1953, Chapters
31126 and 31129, Special Acts of 1955, Chapters 1685, 1695
and 1696, Special Acts of 1957, Chapters 905 and 1701
Special Acts of 1959, Chapter 2632 Special Acts of 1961, and
Chapter 1879, Special Acts of 19d7, with said amendments
supplements and repealing provisions of the aforesaid Special
Acts, providing for the continuation of the Port of Palm Beach
District, in the County of Palm Beach, and State of Florida and
providing therein, the definition of its territorial boundaries,
and providing for its government, jurisdiction, powers,
franchises, and privileges; designating the number of
commissioners of said district and for their election by the
qualified voters in said district, further specifying their
organization, compensation, qualifications, and terms of office
of said commissioners; providing for the jurisdiction of the Port
of Palm Beach District, its powers and duties; authorizing a tax
levy to provide for its operation; authorizing the issuance of
debentures to provide for financing projects of said authority;
providing for the issuance of revenue certificates, general
obligation bonds and refunding bonds by said district; providing
for the acquisition of property by the district, by grants,
purchase, gift, devise, condemnation by eminent domain
proceedings, exchange or otherwise; providing for the sale of
assets of said district; providing for the handling and disposition
of the funds and revenues by said district; the awarding of
contracts and purchases; the exemption of the property of the
district from taxation; providing for the promotion, regulation
and development of the facilities and services of the district;
providing for the borrowing of money by the district; providing
for the employment of a port director, and other employees
and consultants of the district; providing for the appointment
of port harbormasters; providing for the publicizing and
advertisement of the port facilities; providing for the investment
of the funds belonging to the district, and providing that all
special acts in conflict with this law shall be repealed, and
providing that all general acts now or hereinafter enacted by
the Legislature of the State of Florida, that are not in
limitation of the powers, privileges and franchises granted
herein, shall be construed to be an alternative and



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December 1, 1969











4



JOURNAL OF THE HOUSE OF REPRESENTATIVES



supplementary method available to the governing body of said
district, and providing for an effective date.

HB 2802 (1969 Regular Session)-An act amending section 1,
chapter 61-2592, Special Acts of 1961; defining contractors in
Orange County; subdividing contractors into three (3)
categories; defining contracting and board; providing an
effective date.

HB 2805 (1969 Regular Session)-An act relating to the
examination, licensing and bonding of general contractors,
building contractors and residential building contractors in
Orange County, Florida; amending Section 10(a), Chapter
61-2592, Special Acts of 1961; amending Section 11(a),
Chapter 61-2592, Special Acts of 1961, as amended by Section
5 Chapter 63-1705, Special Acts of 1963; providing an
effective date.

HB 2806 (1969 Regular Session)-An act relating to zoning in
Orange County; amending Section 10, Chapter 63-1716, Special
Acts of 1963, as amended by 65-1999, Special Acts of 1965;
providing mandatory standards in amendments or supplements
to zoning districts and zoning resolutions; providing for
presumption in favor of existing zoning district; providing
effective date.

HB 2842 (1969 Regular Session)-An act relating to Levy
County; providing for annual budgets of all county officers,
constitutional or otherwise; providing for payment of salaries of
such county officers; providing and regulating budget system
for such officers; providing an effective date.

HB 2969 (1969 Regular Session)-An act to provide for the
creation of a municipal corporation to be known as the Town
of Homosassa Springs, Citrus County; fixing and determining
the territorial limits, jurisdiction, powers and privileges of said
town and the jurisdiction, powers and privileges of its officers;
providing penalties; providing an effective date.

HB 3001 (1969 Regular Session)-An act relating to the
collection of ad valorem taxes levied by municipalities located
in Seminole County; providing for the collection of all ad
valorem taxes levied by municipalities to be collected by the
Seminole County Tax Collector; repealing all laws in conflict
herewith; providing an effective date.

HB 3002 (1969 Regular Session)-An act relating to the
collection of ad valorem taxes levied by municipalities located
in Orange county; providing for the collection of all ad valorem
taxes levied by municipalities to be collected by the Orange
county tax collector; repealing, all laws in conflict herewith;
providing an effective date.

HB 3014 (1969 Regular Session)-An act regulating the
government of the City of Orlando, Florida by amending
chapter 63-1724, section 2, Special Laws of Florida 1963 to
provide that the annual salary of the mayor-commissioner and
each of the other city commissioners of the City of Orlando
shall be fixed by the City Council of the City of Orlando,
Florida, and providing an effective date.
Sincerely,
TOM ADAMS
Secretary of State
-and the above vetoed bills together with the Governor's
objections thereto, were referred to the Committee on General
Legislation.

INTRODUCTION AND REFERENCE

Mr. Bevis moved that HB 1-A be admitted for introduction
and consideration, the Speaker having ruled that the measure is
not within the purview of the Governor's call.

Further consideration was temporarily deferred.

By Representative Fleece-

HCR 2-A-A concurrent resolution commemorating the
passing of the Honorable W. A. "Bill" Ballentine, Sergeant at
Arms of the House of Representatives.



December 1, 1969



On motion by Mr. Fleece, agreed to by the required
Constitutional two-thirds vote, HCR 2-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The concurrent resolution was read the first time in full and
placed in the Committee on Rules & Calendar.
By Representatives Rude, Davis, and Powell-
HB 3-A-A bill entitled An act relating to motor vehicle
licenses; amending section 320.20, Florida Statutes; providing
for a portion of the revenues derived therefrom to be deposited
in the state roads trust fund; providing for their use by the
department of transportation; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.
By Representatives Rude and Davis-
HB 4-A-A bill to be entitled An act levying an additional
one cent (Ic) per gallon tax on gasoline and other like products
of petroleum or other fuel used to propel motor vehicles;
appropriating the proceeds thereof to the state roads trust fund;
and amending subsection (1) and subsection (4) of section
208.04, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.
By Representatives Rude, Davis, and Powell-
HB 5-A-A bill to be entitled An act relating to the seventh
cent gasoline tax, amending sections 208.44(3)b), 334.19(4),
335.041, and 339.081(1)(a), Florida Statutes, providing for the
entire proceeds thereof to be paid to the counties; repealing
section 339.08(3), Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.
By Representatives Rude, Davis, and Powell-

HB 6-A-A bill to be entitled An act relating to a
classification plan for state roads in the state highway system;
amending section 335.04, Florida Statutes, to provide for
statewide construction of roads not on a state highway system;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.
The Speaker ruled that HJR 7-A was not within the purview
of the Governor's call, and consideration of its introduction was
deferred temporarily.

By Representative Reed-

HB 8-A-A bill to be entitled An act relating to taxation;
levying an additional one cent (Ic) per gallon tax on gasoline
and other like products of petroleum or other fuel used to
propel motor vehicles; amending section 208.04(1) and (4),
Florida Statutes; amending section 208.08, Florida Statutes, by
adding subsection (4); amending chapter 208, Florida Statutes,
by adding Section 208.121; distributing the proceeds thereof to
the respective boards of county commissioners; providing for
further distribution to the municipality wherein said additional
tax is collected; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.

The Speaker ruled that HB 9-A was not within the purview
of the Governor's call, and consideration of its introduction was
deferred temporarily.

The Speaker ruled that HB 10-A was not within the purview
of the Governor's call, and consideration of its introduction was
deferred temporarily.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Alvarez and Featherstone-
HB 11-A-A bill to be entitled An act relating to elections;
amending sections 100.061 and 100.091(1), Florida Statutes,
changing the dates of the first and second primaries; providing
an effective date.
-was read the first time by title and referred to the
Committee on Elections.
By Representatives Arnold (by request) and Rude-
HB 12-A-A bill to be entitled An act levying an additional
one cent per gallon tax on gasoline and other like products of
petroleum or other fuel used to propel motor vehicles
appropriating the proceeds thereof to the state roads trust fund
and amending subsection (1) and subsection (4)(a) of section
208.04; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.
By Representatives Arnold (by request) and Rude-
HB 13-A-A bill to be entitled An act relating to the seventh
cent gasoline tax, amending sections 208.44(3)(b), 334.19(4),
335.041, and 339.081(1)(a), Florida Statutes, providing for the
entire proceeds thereof to be paid to the counties; repealing
section 339.08(3), Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.
By Representatives Arnold (by request) and Rude-
HB 14-A-A bill to be entitled An act relating to motor
vehicle licenses, amending section 320.20, Florida statutes, to
provide for a portion of the revenues derived therefrom to be
deposited in the state roads trust fund; providing for their use
by the department of transportation; providing an effective
date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.
By Representatives Arnold (by request) and Rude-
HB 15-A-A bill to be entitled An act relating to a
classification plan for state roads in the state highway system;
amending section 335.04, Florida Statutes, to provide for
statewide construction of roads not on a state highway system;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and
Appropriations.

By Representative Tyrrell-

HB 16-A-A bill to be entitled An act relating to elections;
amending sections 100.061 and 100.091(1), Florida Statutes,
changing the dates of the first and second primaries; providing
an effective date.
-was read the first time by title and referred to the
Committee on Elections.


MESSAGE FROM THE SENATE
The Honorable Frederick H. Schultz December 1, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-
HCR 1-A Org.
Respectfully,
Edwin G. Fraser
Secretary of the Senate



The concurrent resolution, contained in the above message,
was ordered enrolled.

Recess
On motion by Mr. Rowell, the House stood in informal recess
at 11:45 A.M., to await the Joint Session at 11:50 A.M.
JOINT SESSION
Pursuant to the provisions of HCR 1-A Org., the Members of
the Senate, escorted by the Sergeant at Arms of the Senate and
the Sergeant at Arms of the House, appeared at the door of the
House and were seated in the Chamber.
The Joint Session was called to order by the Speaker at
11:50 A.M.
The Speaker asked the President of the Senate to preside over
the Joint Session.

THE PRESIDENT OF THE SENATE IN THE CHAIR
A quorum of the Joint Session was declared present.

Prayer
Prayer by The Reverend Ray C. Tindall, Pastor of East Hill
Baptist Church, Tallahassee:
Almighty God, our Heavenly Father, truly hallow these
moments dedicated to prayer. During these brief moments
we remove ourselves from all pomp and ceremony. In these
sacred moments we not only stand in this consecrated and
historic legislative hall where the laws of this beloved state
are enacted but we stand humbly in Thy holy assembly
divested of all prestige, power, rank seniority, popularity,
political persuasion or influence. In such moments we
acknowledge divine sovereignty and stand in awe of Thy
presence and Thy ower. We meekly bow as humble
servants in need of Thy grace, love, understanding, wisdom
and guidance. Favorably regard these our Father, entrusted
with the affairs of State. May they always prove worthy of
the trust invested in them by the people. Inspire them to
serve well and in the best interest of all. May they set an
honorable pace in every noble quality and action for the
rest of us. In His Name we pray. Amen.

Committee to the Governor
On motion by Senator Johnson, the President appointed
Senators Johnson, Reuter and Stolzenberg and the Speaker
appointed Representatives Caldwell, Matthews and Arnold as a
jont committee to notify Governor Kirk that the Legislature
had assembled to receive his message.
The committee retired, and presently returned escorting His
Excellency, Governor Claude R. Kirk, Jr.

Presentation of the Governor
The President then presented Governor Kirk, who addressed
the Joint Session as follows:

Governor's Address
This special session of the Legislature has been called to
consider a very major and vitally important unfinished task
for our State.

I refer, of course, to Florida's highway transportation
system which has for a long time deserved emergency
status, but has for too long been neglected. It has been a
major subject in many political arenas in our State, but the
results, in relation to the need for well-planned action, have
been too often in the class of political lip service.

In addressing you today I recognize that you-just as
I-are here as the representatives of the people of Florida



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December 1, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



and that we will be participants in the governing of Florida
only so long as we give to the people of Florida what they
need, expect and rightfully deserve.

The members of this Legislature have been sensitive to
the demands of the people who want, most of all, a
modern government dealing with modern problems in a
constructive manner.

You have provided our State with a new Constitution,
which the people accepted wholeheartedly, knowing that it
replaced an archaic governmental structure which was
impeding Florida in keeping pace with the growth demands
which have been so exceptionally strong.

You also reorganized the executive branch of our
government, seeking to eliminate duplications and to effect
economies, but most of all to define the responsibilities and
the authority of the various branches of the executive
department.

You were, in providing the new Constitution and
reorganizing the executive branch, properly aware of the
separation of powers between the legislative and executive
branches.

In these deliberations, it seems to me, you approached
the problem from a nonpartisan point of view. You were
concerned with the future of Florida, with Florida having a
basic governmental structure conducive to fulfilling the
great destiny which lies ahead for our State. This was not a
battle of wits nor of personalities. This was a serious
subject touching the very heart of Florida, and you handled
it with devotion and expert attention.

It is with this same approach that I hope you will
consider the pressing needs that we have for speeding the
development of an adequate highway transportation system
for our State.

Many of you have asked-and others of you may
wonder-whether there is really an emergency in road
development.

My answer to that is an emphatic "yes."

This is not a casual answer.

In the months which have elapsed since you last
adjourned-and even before that-I have traveled
throughout the State. I have listened to the people's
demands for more roads. I have heard these demands from
people I met in the streets. I have heard them in county
commission chambers, in city council chambers. I have
received in my office one after the other of special
delegations, each bearing its tale of woe, despair and
neglect of road problems.

And I have heard them in industry meetings, not only in
our State but in many parts of the nation. One of my main
objectives as Governor has been to increase the rate of
commercial and industrial development. Toward this end, I
have attempted to be a salesman for Florida-to attract to
our State more businesses and more industries.

There is, and there will continue to be, a tremendous
demand to come live in our State. For decades, we have
welcomed the retirees who come to so many parts of our
State as part-time or full-time residents to enjoy our



climate and the many God-given benefits to our State. And
we will always welcome them.

But we need more business and industry to create the
jobs for the endless number of younger, family people who
want to come here and make their careers in our State.

We need this business and industry, too, to support the
younger generation of Floridians, to permit them an
opportunity to remain in our State and have successful
careers, with a broad choice of the lines of endeavor most
appealing to them.

I am here today to appeal to you. I come in the role of
the chief of the executive branch to recommend to you,
the legislative branch, a solution to one of the greatest
problems confronting the economic future of our State.

In my view, the problem is nonpartisan. It is just as
serious and just as nonpolitical as was the production of a
new Constitution.

Let there be no implication in my discussions with you
today that I think I am addressing you on a subject about
which you know only a little. It is almost a certainty that
you have received demands from your constituents, not
only in campaign years, but throughout your tenure. And
surely you have, with your own eyes, seen the tangled
network of congestion which has resulted from the
patchwork and piecemeal system of highway development
in the past.

Truthfully, I cannot find it in my heart to believe that
any member of the Legislature would seriously defend our
present road system as adequate. I must assume-or I would
never have issued this call-that the majority of the
Legislature recognizes our present highway transportation
system for what it is-a patchwork of neglect and
unfulfilled dreams caused by a lack of long-range planning.

It is my earnest hope that you are fully aware of the
emergency. We stand-you and I and all the Floridians who
gave us the right to be here-on the threshold of an era of
Florida growth so impressive as to stagger the imagination
and defy comprehension. Unfortunately, the particular
threshold on which we stand-in the sense of
transportation-is suffering from dry rot and cannot for
long bear the burden of growth coming to Florida today. It
would be arrogantly presumptuous of us to believe that we
are even remotely prepared for tomorrow.

In order to speed up our action for today and to move
toward the requirements inevitably coming in the future,
you are here to consider a 16-year plan.

This is the first time in the history of Florida that a
long-range, carefully designated road program has been
presented as an answer to the transportation need.

It is the first time that road development will be moving
steadily forward toward a definite goal-that of providing
an adequate system throughout our State.

Some of you have rightfully asked why the matter could
not be left to a regular session. I offer you this as the most
compelling reason why this important question cannot
wait: our history of road development is a history of
neglect. It is, in fact, a history of providing for a few
non-related projects by letting the long-range problem "wait
for the next session." The most recent history-the 1965,



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



1967 and 1969 sessions, in which many of you
participated-is evidence of this delay. And the record of
those before you is a legacy of action always short of the
need.

Further, the transportation problem requires isolation so
that it can receive undivided attention. There is such an
abundant assortment of different subjects during a regular
session that confusion is impossible to prevent. There are
crises from day to day. Only at a special session can the
atmosphere be conducive to the type of concentrated
attention this important subject requires. We cannot risk
any further delays or postponements in getting a long-range
road program started. We must let the people know that
they can look forward to an adequate road program.

This is a job that the people of Florida are overdue in
receiving. It is one that they insist upon-and one that they
desperately need now.

You have asked-rightfully so-what of the other areas of
desperate need? Are these not also urgent emergencies? The
answer in many cases is, quite obviously and just as
emphatically, "yes."

I have just gone through the disheartening task of cutting
back on welfare to needy, dependent children. I know the
needs of education. I know that we are not providing
adequate vocational training for our youth. I know that we
need more money to fight crime. We must have more
money to combat beach erosion and air and water
pollution.

But if government has learned one lesson in the last
decade, it is that the capacity of government to solve
problems is limited to the willingness and the resources of
the people.

The people have rejected the philosophy of "smother it
with government." They are exercising as never before a
strong voice in what shall be the priorities of government.
And government must respond to that voice.

In recent weeks, in the course of your committee work,
questions have been raised about operating procedures of
the Department of Transportation. Some questions have
been quite legitimate and deserve an honest answer. Others
have been politically inspired, and I will not address myself
to them. The questions I will answer are largely technical,
and my answers will necessarily be technical.

It has been stated, for example, that on June 30, 1969,
the Department of Transportation had more than 200
million dollars on hand-funds which should be used for
building roads. Obviously, if this were true, it would make
little sense to convene a road session. But the fact is, it is
not true and we have witnessed, I think, a case of too
many people tossing figures around loosely without regard
for the facts.

Of the 208 million dollars which was on hand at that
time, 91 million was committed to contracts in progress.
Another 24 million dollars was committed to right-of-way
acquisition on present projects. Seven million dollars was
set aside, as required by law, to meet federal matching
requirements. Thirty-seven million was held in trust for
bondholders, and these funds are committed to projects for
which the bonds were sold. Thirty million dollars belongs
to the counties and may be released only on resolution by
the counties. All of these funds, totaling 189 million, were



7



specifically-committed monies. The remaining 19 million
was, at that time, uncommitted, but I would point out to
you that that figure represents only one month's normal
bid letting, which has been let.

The frequent statements about the 208 million add up to
a perfect example of how figures can be used to distort the
real picture, and I hope that in your deliberations you will
carefully nail down every figure which is bandied about.

Much has been said of the cash-flow concept. This, too,
is an area in which wide misunderstanding of the concept
has created confusion. In simple terms, cash-flow is an
accounting procedure which permits using funds already
committed, but not spent, on a more immediate project.
This is a desirable procedure that the Department of
Transportation is moving toward.

But cash-flow cannot effectively work in the absence of
long-range planning, and more than that, cash-flow is a
one-shot procedure which can free only 15 to 20 million
dollars temporarily. Obviously, cash-flow is not a cure-all,
and you should be cautious of this as coming anywhere
close to being a panacea for our road ills. It can speed
some projects, but it adds not one cent to road building
funds.

Several months ago, the federal government froze 19.1
million dollars of road funds, and there was an immediate
cry chat those funds were lost as a result of inefficiency
within the Department of Transportation. For those of you
who have never been told the truth, let me say that those
funds were not lost. Rather, they were frozen by the
federal government, as has happened in prior years and in
all the other states, and they are being held in escrow for
the Florida Department of Transportation pending release
by the Federal Bureau of the Budget.
It has been charged that only 40% of Department of
Transportation expenditures go into road construction, the
intended inference being that the Department is top-heavy
in administration expense. Again, this is simply not the
case. Our total outlay for highways, including engineering,
right-of-way acquisition, and actual construction, amounts
to approximately 75% of total receipts. Compare this, if
you will, with the average of only 58% in the thirty-four
states spending more than 70 million dollars each year for
roads. In fact, only three states lead Florida in getting the
most highways for highway dollars: Arizona, Kentucky and
Texas.

I must also point out that-contrary to the remarks of
some-the Department of Transportation has been
vigorously obligating its available funds. The record clearly
shows that in the last decade, there have been only two
years in which bid lettings have exceeded the estimate for
1969, and both of those years marked the end of previous
administrations in which there were crash programs to
spend more money than was realistically available.

In 1964, the last year of the Bryant Administration, 187
million dollars were let, which left the Department
relatively depleted financially for the next administration.
Accordingly, in 1965, the Burns Administration could let
only 117 million; but in 1966, in a burst of activity, the
outgoing Burns Administration let 195 million. This year,
the Department will let 180 million, and the charge of
failing to commit funds cannot be justified.

The inescapable thrust of most of these misconceptions is
to cast a shadow of doubt on the Department-a shadow



December 1, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



behind which some can once again hide in order to avoid
the central issue of whether to build roads. It is a false
smokescreen through which the people will quickly see.

Let me suggest that you study the Department for
yourselves. Get all of the comparative facts and figures you
need. Interpret these yourselves. And base your action on
decisions reached by your own study and conscience-not
on the hollow charges of a very few.

Now, what about the sixteen year plan?

In January of this year, every legislator received a heavy,
134-page volume entitled, "A Plan for Florida's Principal
Highway and Street Systems, 1969-1985." It has been
charged by some that the plan was thrown together in a
hurry. On the contrary, the sixteen year plan is the result
of nine months of constant preparation involving thousands
of engineering and planning man-hours. And more than
that, the plan includes urban transportation studies that
were two and three years in the making.

Each of you has had nearly a year to study it, certainly
enough time to decide on its merits; and without going to
great lengths, I would like to highlight it for you.

The essence of the plan is that, for the first time, we
have a plan-a long-range plan which contemplates growth
and catches up with the failures of the past. It is a plan
which is divided into three time phases, so that we will be
flexible enough to cope with new realities and with
newly-emerging priorities. It puts roads in urban areas
where the people are and will be. It provides links for the
emerging cities of the near future.

Here are some of the major rural-oriented projects:

-complete four-laning of U.S. 1 to Key West;
-complete four-laning of U.S. 27 between our state line
and Miami;
-four-laning U.S. Routes 29, 231 and 331 and State
Road 85, northwest Florida's north-south routes;
-four-laning U.S. 41 from Tampa to Naples;
-four-laning State Road 80 across the State from Fort
Myers to Palm Beach;
-four-laning State Road 60 across the State from
Clearwater to Vero Beach;
-and scores of other links between cities, as well as
four-laning the missing sections of already partially
four-laned highways.

And the major emphasis will be in 17 urban areas, where
73% of the funds will be spent to relieve their endless
traffic snarls.

The total cost of the plan over 16 years is 6.4 billion
dollars, plus an additional 989 million for bond and
revenue projects, so that our grand total transportation
needs for the period are 7.5 billion.

Our concern in this session is the funding of 1.3 billion
dollars, which is the difference between the 6.4 billion cost
and the available resources of 5.1 billion.

Last week, I submitted to the President of the Senate
and the Speaker of the House four bills for your
consideration which I believe will implement and fund the
plan.



Most of you are familiar with those bills, and I see little
need to elaborate extensively. The first bill provides for an
additional one-cent gasoline tax. In your deliberations on
this, I think it is important for you to know that the
present gas-tax structure has remained essentially unchanged
since 1949. But during that twenty-year period, the
demand for roads and the costs of construction and
right-of-way acquisition have soared. It is estimated that the
additional one cent will bring in 666 million dollars over
the sixteen-year period. I recommend that the increase
become effective January 1, 1970.

The second bill provides for earmarking a portion of
license tag revenues, beginning July 1, 1971, with ten
million dollars and increasing in increments of ten million
each year to a maximum of 50 million dollars in 1975,
remaining at fifty million each year thereafter for the
duration of the period. Over the period, this source will
contribute 600 million dollars.

The two sources combined will contribute 1.26 billion,
just short of the needed 1.3 billion. Let me make it
perfectly clear that earmarking of a portion of the tag tax
will detract not one nickel from education. As you know,
the education portion of the tag tax comes right off the
top, and it is specifically provided for in our Constitution.
Further, I estimate that our normal increase in revenues as
a result of our growth rate will more than offset the
earmarking of the staggered portions of the tag tax.

The third bill I have transmitted is the so-called state-aid
bill, wherein the State will provide up to 75% on local
government road projects which are not presently part of
the state highway system, provided the localities put up at
least 25% of the cost.

Finally, the fourth bill deals with the redistribution of
the present seven-cent gas tax. This bill would return to the
local governments the full one cent of the present
seven-cent tax, of which they now receive only 20%. The
purpose of this bill is to assist local governments in meeting
the 25% requirement under the state-aid program.

These four bills constitute my position and, for the
record, I recommend their enactment.

The need is obvious. We are, in fact, confronted with an
emergency. You have a plan before you which will give us
the capacity to cope with the emergency and to build roads
on a businesslike basis. You also have my recommendation
for funding the plan. There is nothing more that I can do.
The rest is up to you.

On a closing note, let me suggest that the decade of the
sixties, which is rapidly coming to a close, brought Florida
to the brink of destiny. It was a decade in which many
seeds were sown, a decade of announcements of things to
come. Disneyworld began to emerge from the drawing
board. Scores of giant corporations sank roots here. And
we saw the largest single land investment in our nation's
history-one hundred million dollars-staked on the future
of Florida.

But in the decade of the seventies, the seeds of the
sixties will grow to maturity. Disneyworld will become a
reality. The giants of industry will be expanding in their
new home, creating thousands of new jobs and bringing in
thousands of new families.



8



December 1, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



And so, what we do here, in the twilight of the sixties,
will set the tone for the seventies. If we fail here this week,
then we will enter the next decade more unprepared than
we entered the last, at a very time where preparedness is so
absolutely critical.

I believe the majority of you, as a reflection of the
majority of the people of Florida, genuinely want to build
roads. I pray that the majority will prevail.

Thank you.

Remarks by the President of the Senate

Your Excellency, you see in this Chamber 119 Members
of the House of Representatives and 48 Senators elected by
the same people who elected you to handle the affairs of
this state. We have listened courteously to your
recommendations for the Special Session. I'm sure that you
understand that among the diversity of opinions shared by
people in these two bodies of both parties there are those
that question the emergency nature of your
recommendations as to how they are going to affect road
building in 1970. There are those who want to know
whether there are any political implications with reference
to promises made about specific road projects and there are
those who want to know exactly what would be
accomplished by action of this Legislature in December of
1969 that could not be accomplished by action of this
Legislature early in 1970. We do not feel that you can
prepare for a decade of the 1970's in one week. We are
going to tackle the projects that you have given us with all
of the determination in our heart and with all the ability
that is possessed by this collective body. We are going to go
into the other emergency matters that you have mentioned
that may be of just as great a priority as this so-called road
building emergency. But we ask, Governor, that we receive
your cooperation as the most important legislator in the
state in working out this and other problems. I think that
the attitude reflected by your comment, that you have now
done all that you can and the rest is up to us, shows the
philosophy that cannot possibly bring forth the best
legislative work product. So we're going to be here working
full time. We ask that you continue to stay here, work with
us, and together, whether it is accomplished this week,
whether it is accomplished in early 1970, together, with a
little cooperation from you, we can come up with a good
program for Florida.
Following the President's remarks, Governor Kirk was
escorted from the Chamber.
On motion by Senator Friday the Joint Session was dissolved
and the Senators retired to the Senate Chamber.

Reconvened
The House was called to order by the Speaker at 12:37 P.M.
The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig



Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham



Grizzle Melvin
Gustafson Middlemas
Harris Miers
Hartnett Mixson
Heath Moudry
Hector Murphy
Hess Nease
Hodes Nergard
Holloway Nichols
James Ogden
Jordan Pettigrew
Kershaw Poorbaugh
King Powell
Lancaster Pratt
Lewis Prominski
Lindsey Randell
MacKay Redman
Martinez, E. L. Reed
Martinez, J. M. Reedy
Matthews Reeves
McNulty Register



Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett
Savage



Sessums
Shaw
Singleton
Smith
Stafford
Stevens
Sweeny
Tillman, J. K.



Tillman, R. J.
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West



Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



A quorum was present.
Mr. Pratt moved that the remarks by President Mathews be
spread upon the Journal.
Mr. Rude offered a substitute motion that the remarks by the
Governor be spread upon the Journal.
Mr. Tyre offered an amendment to the substitute motion that
the remarks by the Governor and President Mathews be spread
upon the Journal, which was adopted.
The question recurred on the substitute motion, as amended,
which was agreed to.

CONTINUATION OF INTRODUCTION
AND REFERENCE

By Representative Bevis-
HB 1-A-A bill to be entitled An act relating to legislative
sessions for the year 1970; providing that the legislature shall
meet in regular session unlimited as to subject matter in March
1970, and in special sessions in January, February, April May,
June, September, and October 1970; providing that all such
sessions, both regular and special, shall have a duration of not
more than one (1) week unless extended not more than
forty-eight (48) hours by three-fifths vote of both houses.

The question recurred on the motion by Mr. Bevis that HB
1-A be admitted for introduction and consideration.
Pending consideration thereof, on motion by Mr. Wolfson,
the rules were waived and debate on the motion was limited to
ten minutes per side.
Mr. Tyrrell suggested the absence of a quorum. A quorum of
108 Members was present.
The question recurred on the motion for introduction and
consideration of HB 1-A, which was not agreed to. The vote
was:
Yeas-28



Mr. Speaker
Bassett
Bevis
Brantley
Chapman
Clark, J. R.
Crider
Nays-81
Alvarez
Arnold
Baker
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Caldwell
Clark, David
Clark, Dick
Conway
Crabtree
Craig
Culbreath
Danahy
Davis
Dubbin
Featherstone
Firestone
Fleece



D'Alemberte
Dixon
Earle
Fulford
Gillespie
Glisson
Hartnett


Gallen
Gibson
Gorman
Graham
Grizzle
Gustafson
Hector
Hess
Hodes
Holloway
Jordan
Kershaw
King
Lancaster
Lindsey
MacKay
Martinez, E. L.
Martinez, J. M.
NcNulty
Melvin
Middlemas



Heath
James
Lewis
Matthews
Pratt
Redman
Reedy


Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Reed
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude



Stevens
Tillman, J. K.
Tillman, R. J.
Tyre
Whitson
Wilson
Yancey



Ryals
Sackett
Savage
Sessums
Singleton
Smith
Stafford
Sweeny
Tucker
Turlington
Tyrrell
Ward
Ware
West
Westberry
Whitworth
Wood
Woodward



9



December 1, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Representative Gautier was recorded as voting Yea and
Representative Wolfson was recorded as voting Nay.
By Representative D'Alemberte-
HJR 7-A-A joint resolution establishing a new effective date
for house bill 990, an act relating to the assessment of each
county's minimum share of the minimum foundation program,
which bill was passed by both houses of the legislature during
the 1969 session and thereafter vetoed by the governor.
On motion by Mr. D'Alemberte, agreed to by the required
Constitutional two-thirds vote, HJR 7-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The joint resolution was read the first time by title and
referred to the Committee on General Legislation.
By Representatives Dubbin, Baker, Featherstone, and Powell-
HB 9-A-A bill to be entitled An act relating to Aid to
Families with Dependent Children; making supplemental
appropriation from the general revenue fund for the fiscal year
1969-70; providing an effective date.

On motion by Mr. Dubbin, agreed to by the required
Constitutional two-thirds vote, HB 9-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committees on Public Health & Welfare and Appropriations.
By Representatives Dubbin, Baker, and Featherstone-
HB 10-A-A bill to be entitled An act authorizing the transfer
of surplus appropriation within the Department of Health and
Rehabilitative Services programs for the fiscal year 1969-70;
providing an effective date.
On motion by Mr. Dubbin, agreed to by the required
Constitutional two-thirds vote, HB 10-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committees on Public Health & Welfare and Appropriations.

By Representatives Brannen and Powell-
HB 17-A-A bill to be entitled An act relating to the election
code; amending section 101.33, Florida Statutes, to require one
(1) voting machine for every three hundred fifty registered
electors or major fraction thereof; providing an effective date.
On motion by Mr. Brannen, agreed to by the required
Constitutional two-thirds vote, HB 17-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Elections.
By Representatives Reed, Gibson, Gorman, Ogden, King,
Woodward, Tucker, Mixson, Nease, Lindsey, James, Crider,
Register, Tobiassen, Rude, Alvarez, and Bassett-
HB 230-A bill to be entitled An act relating to candidates
for public office; amending section 99.012, Florida Statutes, to
provide that an individual who holds elective public office may
not qualify as a candidate for another public office; providing
an effective date.
On motion by Mr. Reed, agreed to by the required
Constitutional two-thirds vote, HB 230 was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Rules & Calendar.



On motion by Mr. Reed, agreed to by two-thirds vote, HB
230 was withdrawn from the Committee on Rules & Calendar
and taken up. The vote was:



Yeas-78
Alvarez
Andrews
Arnold
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
Davis
Nays-31

Baker
Chapman
Clark, Dick
D'Alemberte
Danahy
Dubbin
Elmore
Featherstone



Dixon
Earle
Firestone
Fleece
Gautier
Gibson
Gillespie
Glisson
Gorman
Grizzle
Gustafson
Heath
Hector
Holloway
James
Jordan
King
Lewis
Lindsey
MacKay


Fortune
Fulford
Graham
Harris
Hartnett
Hodes
Kershaw
Lancaster



Martinez, J. M.
Matthews
McNulty
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Ogden
Poorbaugh
Prominski
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell


Martinez, E. L.
Melvin
Middlemas
Nichols
Pettigrew
Randell
Redman
Sessums



Rude
Ryals
Sackett
Savage
Smith
Stafford
Sweeny
Tucker
Tyre
Tyrrell
Ward
Ware
Westberry
Whitson
Wilson
Wood
Woodward
Yancey




Shaw
Singleton
Tillman, R. J.
Turlington
West
Whitworth
Wolfson



On motions by Mr. Reed, the rules were waived and HB 230
was read the second time by title and the third time by title.
Representative Reed offered the following amendment:
In Section 1, on page 1, line 28, after "qualifying." insert the
following: Said resignation shall be effective not later than
midnight of the day on which the general election is held.
Mr. Reed moved the adoption of the amendment.
Pending consideration thereof-
On motion by Mr. Reed, agreed to by two-thirds vote HB
230 was rereferred to the Committee on Rules & Calendar.
By The Committee on Elections-
HR 18-A-A resolution prescribing special investigative duties
and responsibilities of the committee on elections.
Be It Resolved by the House of Representatives of the State of
Florida:
Section 1. That the committee on elections as appointed by
the speaker of the house of representatives on the twelfth day
of November, 1968, as shown by journal of the house of
representatives page 25 composed of William C. Andrews,
Chairman; Elvin L. Martinez, Vice Chairman; Harold G.
Featherstone; William G. James; Joe Lang Kershaw; Charles
Nergard; Jerome Pratt; and Leonard V. Wood, is hereby
instructed to conduct the necessary hearings, investigations, and
research and to prepare the necessary bills and other material to
sufficiently inform the house of representatives and the
legislature of the state of Florida of needed amendments to the
election laws of Florida and to that end to do the following:
1. It shall be the duty of the committee to make as complete
an investigation as time permits of the course of conduct
relating to the election process on the part of any person or
group of persons which would constitute a violation of the
Florida Statutes or which would interfere with the orderly
processes of elections or which would hold up to disrepute the
elective process.
2. Such investigations shall be conducted with the purpose of
reporting to the house of representatives and to the legislature
any activities of any person or group of persons which would
indicate that corrective legislation requiring disclosure of the



10



December 1, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



solicitation, collection or disbursement of funds by or in behalf
of candidates or public officials from private sources, fund
raising, or contributors is desirable or necessary.

On motion by Mr. Andrews, agreed to by the required
Constitutional two-thirds vote, HR 18-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The resolution was read the first time by title. On motion by
Mr. Andrews, the rules were waived and HR 18-A was read the
second time in full and adopted. The vote was:
Yeas-91



Dubbin
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gautier
Gillespie
Graham
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lewis
Lindsey
MacKay



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Bird
Blackburn
Brannen
Brantley
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
Danahy
Davis
Dixon
Nays-17
Bassett
Bothwell
Caldwell
Earle
Gibson



Martinez, E. L.
Matthews
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Randell
Redman
Reeves
Register
Renick
Roberts
Robinson



Ryals
Sackett
Sessums
Singleton
Smith
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tucker
Turlington
Tyre
Tyrrell
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wood
Woodward
Yancey



Martinez, J. M. Stafford
Prominski Ward
Reed
Rude
Savage



REPORT OF STANDING COMMITTEE

Opinion of the Committee on Standards & Conduct

ADVISORY OPINION NO. 12


CONFLICT OF INTEREST
ATTORNEY-LEGISLATOR REPRESENTING INSURANCE
COMPANIES SERVING ON INSURANCE COMMITTEE OF
HOUSE REPRESENTATIVE CAREY MATTHEWS

The Committee on Standards and Conduct was requested
by Representative Carey Matthews to render an advisory
opinion concerning a possible conflict of interest on his
part arising out of the representation by himself and his
law firm of several insurance companies, including State
Fire and Casualty Co., in claim litigation work, his former
employment as general counsel and Vice President of the
State Fire and Casualty Co., in 1967-68 (State Fire and
Casualty Co. placed in receivership 1969 and its affairs now
being administered by the State Insurance Commissioner)
and his duties as a member of the House of
Representatives, serving as Chairman of the House
Insurance Committee since November, 1968.

The opinion was particularly requested because of the
financial failure of the State Fire and Casualty Co. in 1969,
and the state-wide publicity given in the news media of the
employment by the Company of Representative Matthews



during 1967-69, a period of financial difficulties on the
part of the Company.

While this opinion deals solely with the question of
conflict of interest raised by the facts in Representative
Matthews' case, it also considers the vexatious question of
conflict of interest generally with respect to the duties of a
lawyer legislator. The question is not new. It has been
considered by this committee rendering advisory opinions
in the ethical field on previous occasions. The opinions
have been published in the Journal of the House.

THE FACTS
The facts in this matter appear to be undisputed. The
Committee had two public hearings in July and August,
1969, reviewed extensive testimony of witnesses who
appeared before the Subcommittee on Antitrust and
Monopoly of the Committee on the Judiciary of the United
States Senate (testimony made available by counsel for the
Subcommittee), examined various records produced for the
Committee and heard testimony from Representative
Matthews and others.

Representative Matthews, practicing attorney and member
of the Florida Bar, was first elected to the Florida House
of Representatives in 1960. He served on various
committees of the House but not the Insurance Committee.
In November, 1968, at the organizational session of the
legislature he was appointed by the Speaker to be Chairman
of the Insurance Committee, which position he now
occupies. Representative Matthews is and has been a
member of a law firm in Miami, Florida, which does
accident litigation work for several insurance companies. In
October or November, 1967, he was employed by a Mr.
Mort Zimmerman (upon recommendation of Attorney
Howard J. Marsh of Dallas, Texas), President of Capital
Bancshares Corporation, to represent Capital Bancshares to
work out the documentation in connection with Capital
Bancshares taking over control of State Fire and Casualty
Co. On December 15, 1967, with Capital Bancshares now
in control of the State Fire and Casualty Co.,
Representative Matthews became Vice President and
General Counsel of State Fire and Casualty Co., salary
$20,000 annually. (The salary was paid into Representative
Matthews' law firm as income of the firm).

In compliance with the Standards and Conduct Law
(Chapter 67-469, Florida Laws) Representative Matthews
filed his sworn statement with the Florida Secretary of
State, January 9, 1968. This statement disclosed that he
was Vice President, Director and General Counsel of the
State Fire and Casualty Co. Representative Matthews held
the foregoing status with State Fire and Casualty Co. until
July 23, 1968. On September 17, 1968, Representative
Matthews filed a sworn statement with the Secretary of
State which stated that on July 23, 1968, he resigned as an
officer, Director and General Counsel of State Fire and
Casualty Co., and he had no stock interest in said
corporation.

On April 8, 1969, Representative Matthews submitted a
letter to the Chairman of the House Committee on
Standards and Conduct which letter stated that "as a
member of the Insurance Committee and its Chairman, I
think it necessary to advise that my law firm, which
specializes in trial litigation, currently does accident claim
defense work in the Miami area, for three casualty
insurance companies and has for several years. We also
represent approximately seventy-five plaintiffs in accident



Glisson
Gorman
Grizzle
Gustafson
King



11



December 1, 1969











12



JOURNAL OF THE HOUSE OF REPRESENTATIVES



claim suits against defendants and their insurance
companies. Not one of these persons, or corporations, has
ever given me their views on any pending legislation. If
they do, I feel I should then necessarily choose to either
discharge them as clients or ask to be excused from voting
on the bill in question. If they do, I shall also advise your
committee at once. If your interpretation differs in this
conviction from mine as outlined above, and you feel that I
should not serve on this committee please advise. (signed
Carey Matthews, Representative, Dade County)"

Subsequently, on April 28, 1969, Representative
Matthews by letter filed with the Secretary of State,
advised that under the provisions of Chapter 112, Florida
Statutes, he wished to file the letter stating that the law
firm of which he was a member was one of the firms in the
Miami area doing accident litigation defense for Hartford
Fire and Casualty Co., State Fire and Casualty Co., and
Continental Insurance Group; that he was uncertain as to
the necessity for filing the information but felt that full
disclosure was the intent of the statute and the public had
the right to know such information.

The evidence presented to the Committee indicated that
State Fire and Casualty Co. was in financial difficulties
prior to the time Capital Bancshares took over control of
the Company. The State Insurance Commissioner was not
satisfied with the ownership of State Fire and its
operations. There is some dispute as to whether the
acquisition of the Company by Capital Bancshares met with
the approval of the Insurance Commissioner. In any event,
financial difficulties continued to mount and the Insurance
Commissioner indicated that Capital Bancshares should
relinquish control. Capital of Capital Bancshares was
withdrawn. The new controlling interest of the Company
proved to be unsatisfactory and State Fire and Casualty
then was administered by the Insurance Commissioner.
During the takeover of the State Fire after withdrawal of
Capital Bancshares, Representative Matthews acted as an
escrow agent in holding several types of securities which he
administered according to direction of the principals
involved.

Out of the mass of evidence reviewed by the Committee,
four pertinent facts emerged for consideration. (1) Did
Representative Matthews have a conflict of interest as a
legislator when he was an official of the State Fire and
Casualty Co.? (2) Was the action of Representative
Matthews in requesting, as an officer of the Company in
1968, the Insurance Commissioner of Florida to intercede
for the Company with the Insurance Commissioner in New
York, a conflict of interest? (3) Was representation by
Representative Matthews and his law firm of State Fire and
Casualty Co. (and other insurance companies) a conflict of
interest with his duties as a member of the legislature and
Chairman of the House Insurance Committee? (4) Was the
collection of legal fees from the State Fire and Casualty,
and is the continued collection of legal fees by
Representative Matthews from other insurance companies, a
conflict of interest?

The Committee considered each of the foregoing points
and is of the following opinion:

1. Conflict of interest of Representative Matthews
as an officer of a business regulated by the State

Representative Matthews served as Vice President,
Director and General Counsel of State Fire and Casualty



December 1, 1969



from December 15, 1967, to July 23, 1968. During that
period he was a member of the House of Representatives
but did not serve on the Insurance Committee. It is general
knowledge that other members of the legislature served in
similar capacities for other companies, that is, directors,
officers, or owning controlling interests in businesses
regulated by the State.

Chapter 67-469, Florida Law, enacted by the 1967
legislature provides that if a legislator is an officer, director,
agent or member of, or owns a controlling interest in any
firm or corporation or other business entity. ..... which is
subject to the regulation of ...... any state agency he shall
file a sworn statement with the Secretary of State
disclosing such interest.

The Committee has previously considered this question
(Opinion #2 published in House Journal of December 27,
1967) as it relates to lawyer-legislators. The Committee
interpreted this section as having application only to those
cases where there is involved an actual problem of the
regulation of the business of the client by the State agency
which is charged with regulatory powers over the particular
business and the interest of the legislator in representing his
client is in substantial conflict with the proper discharge of
his duties in the public interest. The Committee decided
that an attorney-legislator would be required to disclose to
the Secretary of State only those clients who are being
represented in connection with the regulations of a State
agency and there appears to be a substantial conflict with
the proper discharge of the legislator-attorney's duties in
the public interest.

The evidence clearly shows that Representative Matthews
was required to register with the Secretary of State both as
an officer of a regulated business and as counsel for a
regulated business since his representation contemplated
action pertaining to regulations. However, the record is
amply clear that Representative Matthews did register his
connections as required by law and fulfilled his obligation.
In addition, he subsequently registered his termination of
his connection with the regulated company when this
termination occurred.

2. Letter to Insurance Commission of May 17, 1968

A question was posed to the Committee by testimony
that State Fire and Casualty Company, which was doing
business in New York State, was ordered, in May of 1968,
by the Superintendent of Insurance in that State, to cease
any further business in New York. The Insurance
Department of New York notified all New York agents to
advise their insureds that the New York Department felt
the Company was unsound.

Subsequently, on May 17, 1968, the State Fire and
Casualty Company addressed a letter to Insurance
Commissioner Broward Williams requesting him to write the
New York Commissioner prior to May 27, 1968, pointing
out that the Company ceased business in New York, April
1, 1968; that a current statement showed the Company to
be solvent; that a Florida Insurance Department official was
closely advised at all times of the financial condition of
the Company; that the Company was being currently
examined; that the Company was in good standing with the
Florida Department; and that a letter from Mr. Williams
would be of service to the policy holders of the Company
by saving the Company $250,000, which would have to be
returned in the event of mass cancellations.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



The foregoing letter was on Company stationery and
signed by Benjamin Dobson, President, and Carey
Matthews, Vice President and General Counsel.

The Insurance Commissioner of Florida, in response
thereto, did write the Superintendent of Insurance of New
York a letter on May 23, 1968, stating in substance the
points suggested in the Company letter of May 17, 1969.

The question posed to the Committee then was: Was this
a conflict of interest on the part of Representative
Matthews, using his position as a legislator to secure an
advantage for his company or himself contrary to the rules
of the House or the provisions of Chapter 67-469, Florida
Law?

The Committee is of the opinion, after examining the
evidence, that Representative Matthews was acting in his
capacity as a company official and not as a legislator in
asking the Florida Insurance Commissioner to intercede in
New York. While it is difficult to separate the identity of a
legislator as such from his identity as a businessman or
attorney, the evidence did not indicate that Representative
Matthews was acting in his capacity as a legislator. He had
previously disclosed his business interest. There was no
evidence that he used his position as legislator to secure
any advantage to himself or his company.

3. Is Representative Matthews' legal representation
of State Fire and Casualty Company a conflict
of interest as Chairman of the House Insurance
Committee?

This question would probably not have arisen had not
State Fire and Casualty Company become involved in
financial problems resulting finally in the Company affairs
being administered by the Insurance Commissioner.

The basic question, of course, is not solely the question
of representation of State Fire and Casualty Company but
of representation of any insurance company by a member
of the House of Representatives. Is such representation a
conflict of interest? Does chairmanship of the Insurance
Committee add an additional factor to the "conflict"
situation?

The Speaker of the House has sole authority to appoint
members to the various committees and to appoint
chairmen of the committees (House Rule 6.1, duties of
Speaker). This Committee has no jurisdiction to examine
any committee appointments in the absence of a showing
of misconduct or disorderly conduct on the part of a
member. The record does not disclose anything other than
that Representative Matthews and his law firm represented
State Fire and Casualty Company and two other insurance
companies in trial litigation. Representative Matthews
advised the Committee of this representation and
subsequently filed a letter with the Secretary of State
setting out his representation of insurance companies.

While chairmanship of a committee does carry with it
some prerogatives such as setting an agenda, directing the
course of debate, directing staff members and the like, the
committee chairman can cast only one vote on any issue.
This Committee is of the opinion that chairmanship of a
committee does not add any additional factor to the
conflict of interest. If there is a conflict of interest on the
part of a representative, it is not in any degree lessened by
his not being a committee chairman, or added to by his
being a chairman of a committee.



In connection with representation of the State Fire and
Casualty Company, Representative Matthews made available
to the Committee all of the files of his law firm relating to
the work done for the Company. There was testimony that
the fees received by the firm were compatible with fees
charged by other firms in the same area for the same type
of work. There was no evidence that Representative
Matthews used his position as a legislator to obtain excess
fees from the Company or to obtain any special advantage
for the Company.

This Committee, in its Opinion #2 (Ibid) has stated that
an attorney-legislator would be required to disclose to the
Secretary of State only those clients who are being
represented in connection with the regulation of the State
agency. .....

This Committee is of the opinion that Representative
Matthews, under the rules of the House and State law, was
not required to register the names of his clients with the
Secretary of State since the clients were being represented
in trial litigation only, subsequent to November, 1968, and
not in connection with State regulations. However,
Representative Matthews, because of his position as
Insurance Committee Chairman, and in his desire to comply
with the spirit of the disclosure provision of the State law
did register the names of his insurance company clients.

The Committee is of the opinion that such disclosure,
while not necessary, is in keeping with the spirit of the
conflict of interest laws of this State in view of
Representative Matthews' committee assignment.

4. Is representation of insurance companies and collection
of legal fees by a lawyer-legislator a conflict of interest
with his duties as a legislator?

In order to answer this question this Committee felt it
was necessary to review the full spectrum of employment
by legislators as it relates to conflict of interest. Insurance
companies are only one segment of industry in this state.
For example, is a banker in conflict with his duties as a
legislator when he serves on a banking committee? Is an
insurance agent in conflict while serving on an insurance
committee? Can a farmer avoid conflict as a member of an
agriculture committee? Shall a school teacher be permitted
to serve on an education committee? Can an attorney serve
on a judiciary committee? And, to carry the idea to an
extreme, can an alumnus of a State university serve on a
Higher Education Committee? There are as many situations
present as there are members of the legislature.

In addition to committee assignments, the same question
arises when members vote on legislation affecting areas of
their interest or employment. For example, does a
physician-member have a conflict in either serving on a
committee or voting when an "abortion" bill is considered,
or when appropriations for medical assistance to needy
citizens is being considered?

Prior to 1967 the legislature met the problem of conflict
with the adoption of Rule 5.1 (still in effect) which
provides that no member shall be permitted to vote on any
question immediately concerning his private rights as
distinct from the public interest.

In 1967 the legislature set up guidelines concerning
conflicts by adopting Rule 5.10 and enacting Chapter
67-469 Florida Laws. Rule 5.10 provides that a



December 1, 1969



13











14



JOURNAL OF THE HOUSE OF REPRESENTATIVES



representative prior to taking any action or voting upon
any measure in which he has a personal, private or
professional interest which inures to his special private gain
or the special gain of any principal by whom he is retained
shall disclose the nature of his interest as a public record in
a memorandum filed with the Clerk of the House and
published in the Journal of the House. Upon disclosure,
such member may disqualify himself from voting on a
measure in which he has a conflict of interest. Chapter
67-479 also provides certain disclosure.

The thrust of the rule and the law is disclosure of
interest. There are prohibitions expressed .. .. no legislator
. . .shall use his official position to secure special
privileges for himself or others.

Thus a legislator should not introduce or vote for a
claims bill when he or his law firm would receive a fee. No
legislator is allowed to receive a fee or anything of value
for introducing, sponsoring, or lobbying on behalf of any
legislation. No legislator is permitted to receive a fee or
anything of value for opposing any legislation.

Many times individual legislators have expressed doubts as
to whether or not they should vote on a certain bill. The
criteria is whether or not there would be a special private
gain to the legislator or his principal. Voting on legislation
affecting a class to which a legislator belongs cannot be an
excuse to abstain from voting even though motivated by
the sincerest of motives and a desire to avoid a conflict.

The primary duty of a legislator is to vote. His
constituency is entitled to this service and can demand a
vote, regardless of the occupation of the legislator. Thus,
disclosure of interest should answer the question of conflict
with only a few obvious exceptions.

Every member of the legislature has conflicts when he
votes on appropriations or on taxation since he is a
taxpayer. Legislators with children in school or college have
conflicts when voting on education bills. These are conflicts
which the public assumes will be met by the objectivity of
the legislator and yet it appears that some citizens equate
conflict only with the occupation or livelihood of the
legislator and somehow think that the objectivity of the
legislator will cease when his business interest is affected.

A lawyer-legislator representing an insurance company
seems to some to have an unavoidable conflict, especially if
he is a member of an insurance committee. And, yet, does
he have any greater conflict than a lawyer-legislator who
generally represents the plaintiffs or claimants against in-
surance companies?

Conflict of interest is particularly vexatious when
considering the role of the lawyer-legislator because
attorneys in the legislature represent so many economic
interests. This is true whether the individual attorney
represents an interest or his law firm represents an interest.
It is a well settled principle that all members of a law firm
are agents of the other members and that representation of
an interest by the firm applies to all members of the firm.

In considering the matter of a lawyer-legislator the
Committee is cognizant that all attorneys (and other
professions) are bound by a code of ethics of their own
profession.

In this connection and to illustrate two points regarding
conflict of interest by lawyer-legislators the Committee has



December 1, 1969



reviewed an opinion by the Ethics Committee of the
Florida Bar Association (Opinion 67-5 and 67-5
Supplemental of the Ethics Committee).

The bar opinion stated that a partner or associate of a
member of the legislature would violate Canon 6 by
engaging in lobbying activities. The Canon would apply
even though the lawyer-legislator would not participate in
the lobbying fee and even though he disqualified himself in
voting on proposals to the client for whom the lobbying
service was rendered.

In the supplemental opinion it was stated that
disqualification to vote on an issue was not a solution to
the problem. "There are many occasions in legislative
matters on which the lack of a vote is as important, or,
indeed, more important than a vote for or against a
particular proposition."

The opinion also stated ..... intentional disqualification
of a legislator under most circumstances is a positive
disservice to his constituents.

This is affirmation of the criteria of a responsible ethics
organization that a legislator must vote except on rare
occasions, i.e., where there may be a personal profit to the
legislator.

So far, we have discussed only economic conflicts. There
are other intangible conflicts of interest. For example, there
are those in the legislature who are opposed to any type of
gambling, legal or otherwise, who consistently vote against
pari-mutuel legislation. There is the intangible interest that
is sometimes glibly characterized as a "liberal" or
"conservative" interest and affects many votes of a
legislator. Thus, can it be said that only economics dictates
a conflict of interest?

It appears then that questions of conflict are many and
vexatious and that the circumstances of individual
situations need be examined separately keeping in mind the
duty of a legislator to vote and not to profit personally by
his vote.

This Committee is also mindful of the inalienable right of
the people to choose their own representatives.
Qualifications of a legislator are set out in the Constitution.

In 1787 during the debates on the national Constitution
it was proposed that "The Legislature of the United States
shall have the authority to establish such uniform
qualifications of the members of each house with regard to
property, as to the said Legislature shall seem expedient."
James Madison said the proposal would vest "an improper
and dangerous power in the Legislature. The qualifications
of electors and elected were fundamental articles in a
Republican Government and ought to be fixed by the
Constitution. If the Legislature could regulate those of
either, it can by degrees subvert the Constitution. A
Republic may be converted into an aristocracy or oligarchy
as well as by limiting the number capable of being elected,
as the number authorized to elect ..... .Qualifications
founded on artificial distinctions may be devised by the
stronger in order to keep out partisans of a (weaker)
faction."

The proposal was defeated.

Alexander Hamilton emphasized "The true principle of a
republic is, that the people should choose whom they











JOURNAL OF THE HOUSE OF REPRESENTATIVES



please to govern them. Representation is imperfect in
proportion as the current of popular favor is checked. This
great source of free government, popular election, should
be perfectly pure, and the most unbounded liberty
allowed."

There were others at the 1787 Convention who expressed
the same idea. Robert Livingston endorsed the principle
"The people are the best judges of who ought to represent
them. To dictate and control them, to tell them whom
they shall not elect is to abridge their natural right."

The Supreme Court of the United States (Adam Clayton
Powell, Jr., et al, Petitioners v. John W. McCormack, et al,
37LW4549) concluded that Article I, #5 of the
Constitution is at most a "textually demonstrable
commitment" to Congress to judge only the qualifications
expressly set forth in the Constitution.

This Committee believes that any legislature must tread
warily in matters of conflict of interest so that the will of
an electorate shall not be thwarted. The legislature of
Florida has expressed itself that disclosure of interest of a
legislator is in the interest of the people in choosing a
representative and that once disclosure is made, the people
have the right to judge their representative.

It is concluded that mere representation of an insurance
company is not such a conflict as would disqualify
Representative Matthews from service on the Insurance
Committee.



15



CONCLUSION

Within the framework of disclosure this Committee
believes the law can be strengthened and should be. Other
than disclosure this Committee also believes there are
permissible prohibitions of outside employment on the part
of legislators such as representations of government
agencies. Legislation in this area has been mandated by the
new Florida Constitution.

In the matter at hand this Committee is of the opinion
that Representative Matthews has met his obligations by
disclosure under the law, and Rules of this House of
Representatives.

JOHN J. SAVAGE
Chairman
Adopted by the Committee on November 11, 1969.


ENROLLING REPORT

HCR 1-A Org.
-has been enrolled, signed by the required Constitutional
officers and presented to the Governor on December 1, 1969.
Allen Morris, Clerk

Adjournment
On motion by Mr. Rowell, the House adjourned at 2:00 P.M.
to reconvene at 11:00 A.M. tomorrow.



December 1, 1969











THE JOURNAL OF THE FLORIDA



House of Representatives


PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION



TUESDAY, DECEMBER 2, 1969



The House was called to order by the Speaker at 11:00 A.M.
The following Members were recorded present:



The Journal
The Journal of December 1 was approved.



Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey
MacKay
Martinez, E. L.



Martinez, J. M.
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals



Sackett
Savage
Sessums
Shaw
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



A quorum was present.


Prayer
Prayer by the Reverend R. E. Ackenhusen, St. Paul's
Methodist Church, Tallahassee:
Let us pray: God of our fathers, in whom we trust, we
pause in this moment to acknowledge that we are thy
creatures. Bless these men and women in the legislature
here assembled at this important time in our history and
give them all things needful to the faithful discharge of
their responsibilities. We pray es ecially today for our
President of the United States, andalso for him who shall
preside over this Chamber, and the Governor of Florida.
Give to them good health for the physical strains of their
office, good judgment for the decisions they must make,
wisdom beyond their own, and clear understanding for the
problems of this difficult hour. We thank Thee for their
humble reliance upon Thee. May they go often to the
throne of grace, as we commend them both to thy loving
care and thy guiding hand. Through Jesus Christ our
Saviour. Amen.


Introduction of House Physician



Consideration of HCR 2-A
On motion by Mr. Fleece, agreed to by two-thirds vote HCR
2-A was withdrawn from the Committee on Rules & Calendar
and-

HCR 2-A-A concurrent resolution commemorating the
passing of the Honorable W. A. "Bill" Ballentine, Sergeant at
Arms of the House of Representatives.

WHEREAS, the Sergeant at Arms of the House of
Representatives, W. A. "Bill" Ballentine, passed away on
September 15, 1969, and
WHEREAS, the House and its Members, collectively and
individually, suffered a grievous loss through Sergeant
Ballentine's death, and
WHEREAS, during his service to the House, beginning in
1961 as an aide assigned to the Office of the Clerk and in 1962
and thereafter as Sergeant at Arms, Bill Ballentine was a man
utterly devoted to the House and its Members, and

WHEREAS, Bill Ballentine was possessed of a warmth of
personality and a strength of judgment that made it possible for
him to enforce the Rules and regulations of the House with
impartiality and yet retain the friendship of those who at times
wanted special treatment, and
WHEREAS, Sergeant Ballentine personified the ideal
legislative officer in that he always was mindful of the fact that
the 119 Members of the House of Representatives and the 48
members of the Senate were equals among equals, and he
treated each alike with fairness, courtesy, and efficiency, and

WHEREAS, Sergeant Ballentine likewise was mindful of the
fact that those who serve the Legislature also serve the general
citizenry and will be remembered as a public servant who was
thoughtful, courteous, hardworking, and a true watchdog of the
treasury, and
WHEREAS, Sergeant Ballentine exemplified the careerists
among those who serve the Legislature, in that he never was a
partisan and gave even-handed consideration to Members from
oth political parties, and

WHEREAS, Bill Ballentine will be remembered, too, as an
individual in that he was a devoted husband and father with a
quiet and resolute dedication to Christian principles, and

WHEREAS, there is among those who serve in the House, as
Members or as staff, a bond of affinity which well may set
them apart as colleagues in a common cause, thus it may be
said with John Donne that the lives of each of us was
diminished with the death of Bill Ballentine because all of us
were involved with him in a memorable experience, NOW,
THEREFORE,



The Speaker introduced Dr. Eugene R. Celano of Ft. Walton Be It Resolved by the House of Representatives of the State of
Beach, who is serving at the Clinic today. Florida, the Senate Concurring:
16



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore











JOURNAL OF THE HOUSE OF REPRESENTATIVES



That the Legislature record its heartfelt regret over the
passing of W. A. "Bill" Ballentine, Sergeant at Arms of the
House of Representatives, and
That the Legislature express this sense of loss to Mrs.
Ballentine, known to most of its members as Mildred, and to
the others of Sergeant Ballentine's family, and
That, in token of the Legislature's sympathy, a copy of this
Resolution be transmitted to Mrs. Ballentine.
-was taken up and read the second time in full. On motion
by Mr. Fleece, the concurrent resolution was adopted and
ordered immediately certified to the Senate.
The following Members were recorded with Representative
Fleece as co-introducers of HCR 2-A:
Representatives Alvarez, Andrews, Arnold, Baker, Bassett,
Baumgartner, Bevis, Bird, Blackburn, Bothwell, Brannen,
Brantley, Caldwell, Chapman, David Clark, Dick Clark, J. R.
Clark, Conway, Crabtree, Craig, Crider, Culbreath, D'Alemberte,
Danahy, Davis, Dixon, Dubbin Earle, Elmore, Featherstone,
Firestone, Fortune, Fulford, Gallen, Gautier, Gibson, Gillespie,
Glisson, Gorman, Graham, Grizzle, Gustafson, Harris, Hartnett,
Heath, Hector, Hess, Hodes, Holloway, James, Jordan, Kershaw,
King, Lancaster, Lewis, Lindsey, MacKay, E. L. Martinez, J. M.
Martinez, Matthews McNulty, Melvin, Middlemas, Miers,
Mixson, Moudry, Murphy, Nease Nergard, Nichols, Ogden,
Pettigrew, Poorbaugh, Powell, Pratt, Prominski, Randell,
Redman, Reed, Reedy, Reeves, Register, Renick, Roberts,
Robinson, Rowell, Rude, Ryals, Sackett, Savage, Schultz,
Sessums, Shaw, Singleton, Smith, Spicola, Stafford, Stevens,
Sweeny, J. K. Tillman, R. J. Tillman, Tobiassen, Tucker,
Turlington, Tyre, Tyrrell, Walker, Ward, Ware West, Westberry
Whitson, Whitworth, Wilson, Wolfson, Wood, Woodward and
Yancey.


Co-introducers
Representative Tobiassen was given permission to be recorded
as a co-introducer of HB 230.


INTRODUCTION AND REFERENCE

By Representatives Fortune, Melvin, and Elmore-
HB 19-A-A bill to be entitled An act authorizing
expenditure from a trust fund capital outlay appropriation by
the Department of General Services for the Department of
Agriculture and Consumer Services; providing an effective date.
On motion by Mr. Fortune, agreed to by the required
Constitutional two-thirds vote, HB 19-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Appropriations.

By Representative Davis-
HB 20-A-A bill to be entitled An act relating to taxation;
repealing chapter 69-255, Laws of Florida, which establishes a
biennial real estate ad valorem tax roll; providing an effective
date.
On motion by Mr. Davis, agreed to by the required
Constitutional two-thirds vote, B 20-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Ad Valorem Taxation.

By Representative D'Alemberte-
HB 21-A-A bill to be entitled An act relating to ad valorem
taxes, providing for a permissive biennial assessment roll,
amending chapter 193, Florida Statutes, by adding section



193.081; repealing chapter 69-255, Laws of Florida, providing
an effective date.
On motion by Mr. D'Alemberte agreed to by the required
Constitutional two-thirds vote, HB 21-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Ad Valorem Taxation.
HB 22-A-WITHDRAWN
HB 23-A-WITHDRAWN
By Representatives Tyre and Featherstone-
HB 24-A-A bill to be entitled An act relating to the filing
fees of candidates; amending section 99.092(1), Florida
Statutes, by deleting the minimum filing fee for state and
legislative offices, and by deleting the minimum committee
assessment for state and legislative offices; providing an
effective date.
Mr. Tyre moved that HB 24-A be admitted for introduction
and consideration, the Speaker having ruled that the measure is
not within the purview of the Governor's call. The motion was
not agreed to by the required Constitutional two-thirds vote.
Therefore, HB 24-A was not admitted for introduction and
consideration.
By Representatives Graham and Conway-
HB 25-A-A bill to be entitled An act authorizing
expenditures for fixed capital outlay projects at junior colleges,
area vocational-technical centers, and institutions under the
board of regents; providing an effective date.
On motion by Mr. Graham, agreed to by the required
Constitutional two-thirds vote, HB 25-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Higher Education.
By Representatives Graham and Conway-
HB 26-A-A bill to be entitled An act providing a maximum
interest rate allowable on bonds issued by the state board of
education pursuant to subsection (a) of section 9, article XII of
the state constitution; and providing an effective date.
On motion by Mr. Graham, agreed to by the required
Constitutional two-thirds vote, HB 26-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on General Legislation.
By Representative Andrews-
HB 1738-A bill to be entitled An act relating to primary
elections, amending sections 100.061 and 100.091(1), Florida
Statutes, to provide that the first and second primary elections
take place respectively on the second and fourth Tuesdays in
September; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.
On motion by Mr. Andrews, agreed to by two-thirds vote, HB
1738 was withdrawn from the Committee on Elections and
placed in the Committee on Rules & Calendar.


REPORT OF STANDING COMMITTEE

The Committee on Rules & Calendar recommends the
following pass: HB 230
The bill was placed on the calendar.



December 2, 1969



17












JOURNAL OF THE HOUSE OF REPRESENTATIVES



Reports of the Committee on Rules & Calendar
The following reports were read:



The Honorable Frederick H. Schultz
Speaker, House of Representatives



October 6, 1969



Sir:
Your Committee on Rules & Calendar begs leave to report
and recommend the following change in Rule 6.1 for
submission to the House of Representatives at the Special
Session:
Change the name of the Committee on Mental Health
to
Committee on Mental Health & Retardation
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & calendar
On motion by Mr. Rowell, the above report was adopted.



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 1, 1969



Sir:
Your Committee on Rules & Calendar begs leave to report
and recommend the following for adoption by the House of
Representatives:
1. That Rule 7.8, relating to introduction of bills and other
measures, be amended to add the following sentence:
"During any special session, all measures for introduction
shall be delivered to the Clerk no later than two hours prior to
the convening of the House."
2. That Rule 10.8, relating to motions for reconsideration
other than in regular session, be amended to insert the
following words after the words "extensions thereof,"
"or during any special session,"
3. That Rule 10.12, relating to reconsideration, be amended
to insert the following words after the words "extensions
thereof," in the first sentence:
"or during any special session,"

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & calendar
On motion by Mr. Rowell, the above report was adopted.



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 1, 1969



Sir:
Your Committee on Rules & Calendar begs leave to report
and recommend the following for adoption by the House of
Representatives:
Rule 13.5 Periodic reports required-A lobbyist shall submit
to the Clerk of the House within thirty (30) days following a
regular session of the legislature, a signed and certified
statement listing all lobbying expenditures and sources from
which funds for making such expenditures have come.
Lobbying expenditures shall not include personal expenses for
lodging, meals and travel. Thereafter each lobbyist, so long as
he remains so registered as a lobbyist, and every person who
registers as a lobbyist, shall submit to the Clerk of the House



no later than Friday of the first week of each regular session a
like signed and certified statement of all interim lobbying
expenditures including expenditures at special sessions, if any.
Said statements shall be rendered in the form provided by the
Clerk of the House and shall be open to public inspection. A
statement shall be filed even if there have been no expenditures
during a reporting period.
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted.



The Honorable Frederick H. Schultz
Speaker, House of Representatives

Sir:



December 1, 1969



Your Committee on Rules & Calendar begs leave to report
and recommend the following for adoption by the House of
Representatives:
Rule 6.14 Witnesses-Notwithstanding any of the rules as
otherwise set forth herein, the following shall be deemed
supplemental and cumulative to all of said rules:

(a) Each standing or select committee or subcommittee
thereof, is authorized to invite public officials and employees
and private individuals to appear before the committee for the
purpose of submitting information to it. Each such committee
shall be authorized to maintain a continuous review of the
work of the state agencies concerned with its subject area and
the performance of the functions of government within each
such subject area, and for this purpose to request reports from
time to time, in such form as the committee shall designate,
concerning the operation of any state agency and presenting
any proposal or recommendation such agency may have with
regard to existing laws or proposed legislation in its subject
area.
(b) In order to carry out its duties each such committee is
empowered with the right and authority to inspect and
investigate the books, records, papers, documents, data,
operation, and physical plant of any public agency in this state.
(c) In order to carry out its duties each such standing or
select committee, whenever required, may issue subpoena and
other necessary process to compel the attendance of witnesses
before such committee, and the chairman thereof shall issue
said process on behalf of the committee. The chairman or any
other member of such committee may administer all oaths and
affirmations in the manner prescribed by law to witnesses who
shall appear before such committee for the purpose of
testifying in any matter about which such committee may
desire evidence.
(d) Each such committee, whenever required may also
compel by subpoena duces tecum the production of any books,
letters, or other documentary evidence it may desire to examine
in reference to any matter before it.
(e) The sheriffs in the several counties shall make such
service and execute all process or orders when required by such
committees. Sheriffs shall be paid as provided for in section
30.23, Florida Statutes.
(f) Whoever willfully affirms or swears falsely in regard to
any material matter or thing before any such committee shall
upon conviction thereof, be deemed guilty of false swearing and
shall be imprisoned in a state prison not exceeding twenty (20)
years.
(g) Should any witness fail to respond to the lawful
subpoena of any such committee at a time when the legislature
is not in session or, having responded, fail to answer all lawful
inquiries or to turn over evidence that has been subpoenaed,
such committee may file a complaint before any circuit court
of the state setting up such failure on the part of the witness.
On the filing of such complaint, the court shall take jurisdiction
of the witness and the subject matter of said complaint and
shall direct the witness to respond to all lawful questions and



18



December 2, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



to produce all documentary evidence in his possession which is
lawfully demanded. The failure of any witness to comply with
such order of the court shall constitute a direct and criminal
contempt of court, and the court shall punish said witness
accordingly.
(h) All witnesses summoned before any such committee shall
receive reimbursement for travel expenses and per diem at the
rates provided in section 112.061, Florida Statutes. However,
the fact that such reimbursement is not tendered at the time
the subpoena is served shall not excuse the witness from
appearing as directed therein.
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C.ROWELL
Chairman Committee on
Rules & calendar
On motion by Mr. Rowell, the above report was adopted.
The Honorable Frederick H. Schultz December 2, 1969
Speaker, House of Representatives
Sir:

Your Committee on Rules & Calendar herewith submits, as
the Special Order Calendar under Rule 8.16 for Tuesday,
December 2, 1969, the consideration of the following bill:

HB 230
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C.ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.


CONSIDERATION OF THE
SPECIAL ORDER
HB 230-A bill to be entitled An act relating to candidates
for public office; amending section 99.012, Florida Statutes, to
provide that an individual who holds elective public office may
not qualify as a candidate for another public office; providing
an effective date.
-was taken up, having been read the second and third time
on December 1, and rereferred to the Committee on Rules &
Calendar with a pending amendment.
Mr. Reed withdrew the pending amendment.
On motions by Mr. Reed, the House reconsidered the vote by
which HB 230 was read the third time and the bill was placed
back on second reading.
Representative Reed offered the following amendment:
Strike all after the enacting clause and insert the following:
Section 1. Section 99.012, Florida Statutes, is amended to
read:
99.012 Individuals seeking public office.-
(1) No individual may qualify as a candidate for public office
whose name appears on the same or another ballot for another
office, whether federal, state, county or municipal, the term of
which or any part thereof runs concurrent to the office for
which he seeks to qualify. This, however, does not apply to
political party offices.
(2) No individual may qualify as a candidate for public office
who holds another elective office, whether federal, state,
county or municipal the term of which or any part thereof
runs concurrent to the term of office for which he seeks to
qualify, without resigning from such elective office not less
than ten (10) days prior to the first day of qualifying for the



office he intends to seek. Said resignation shall be effective not
later than midnight on the day of the general election. Said
resignation shall create a vacancy in said office thereby
permitting persons to qualify as candidates for nomination and
election to that office, in the same manner as if the term of
such public officer were otherwise scheduled to expire. This
does not apply to political party offices.
Section 2. This act shall take effect upon becoming law.
Mr. Reed moved the adoption of the amendment.
Pending consideration thereof-

Representative Bothwell offered the following amendment to
the amendment:

Strike section 2 and insert the following: Section 2. No salary
shall be paid by the State of Florida or any of its subdivisions
or municipalities, currently or retroactively, to any individual
after he has submitted a resignation in compliance with section
1 above. Payment shall be made for travel and per diem and
district expenses as otherwise authorized by law.
Section 3. This act shall take effect upon becoming law.
Mr. Bothwell moved the adoption of the amendment to the
amendment which failed of adoption.
The question recurred on the adoption of the amendment by
Mr. Reed, which was adopted.

Representative Hartnett offered the following amendment:
In Section 1, subsection (2) strike "general election" and
insert the following: inauguration of that term
Mr. Hartnett moved the adoption of the amendment which
was adopted.

Representative D'Alemberte offered the following amendment:
Insert the following new Section 2:
Section 2. Nothing contained in this act shall be construed to
relate to qualifications for federal offices by persons holding
federal offices.

(Renumber existing Section 2 as Section 3)
Mr. D'Alemberte moved the adoption of the amendment
which was adopted.

Representatives Graham and Harris offered the following
amendment:
In Section 1 subsection (2), on page 1, line 14, strike
"midnight on the day of the general election." and insert the
following: the date upon which he would assume office, if
elected to the office to which he seeks to qualify, or the
expiration date of the term of the office which he presently
holds, whichever occurs earlier.
Mr. Harris moved the adoption of the amendment which was
adopted.

On motion by Mr. Reed, the rules were waived and HB 230,
as amended, was read the third time by title. On passage, the
vote was:



Yeas-104
Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell



Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin



Earle
Firestone
Fleece
Fortune
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson



Harris
Hartnett
Heath
Hector
Hodes
Holloway
James
Jordan
King
Lancaster
Lewis
Lindsey
MacKay



December 2, 1969



19











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Martinez, E. L.
Martinez, J. M.
Matthews
McNulty
Melvin
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Nays-10
Chapman
Elmore
Featherstone



Pettigrew
Poorbaugh
Powell
Prominski
Redman
Reed
Reedy
Register
Renick
Roberts
Robinson
Rowell
Rude



Ryals
Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tobiassen
Tucker



Hess Randell
Kershaw Tillman, R. J.
Middlemas Walker



Turlington
Tyre
Tyrrell
Ward
Ware
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



West



Representative Gallen was recorded as voting Yea.
So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.

EXPLANATION OF VOTE ON HB 230
I voted against the bill only because it is punitive in nature
against present officeholders who took office without the
restrictions placed on them by this bill; it was explained to be
directed at those members of our Senate who seek other
offices, and at our cabinet officers who are seeking, or may be
seeking, other offices; all of which tends only to divide the
Legislature, create discord and antagonism, and delay the
agreement of the two houses on a date for the primaries, which
has not yet been decided by the Legislature. If this bill had
come up for a vote after the primary dates were set and did
not become effective until after the next general election, I
would have voted for it. The intent expressed in the bill is a
much-needed improvement in the present law.
Representative Harold G. Featherstone



MESSAGE FROM THE SENATE



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 2, 1969



Sir:

I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
two-thirds vote and adopted-

HCR 2-A

Respectfully,
Edwin G. Fraser
Secretary of the Senate

The concurrent resolution, contained in the above message,
was ordered enrolled.


ENGROSSING REPORT
December 2, 1969
Your Engrossing Clerk reports amendments to-

HB 230

-have been incorporated and the bill herewith returned.

-and the bill was ordered immediately certified to the
Senate.


Adjournment

On motion by Mr. Rowell the House adjourned at 11:55
A.M. to reconvene at 11:00 A.M. tomorrow.



t



20



December 2, 1969











THE JOURNAL OF THE FLORIDA



House of Representatives


PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION



WEDNESDAY, DECEMBER 3, 1969



The House was called to order by the Speaker at 11:00 A.M.
The following Members were recorded present:



Featherstone
Firestone
Fleece
Fortune
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hess
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey
MacKay
Martinez, J. M.
Matthews



McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett



Savage
Sessums
Shaw
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Excused: Representatives Brannen, Gallen, Hector, and E. L.
Martinez.
A quorum was present.


Prayer
Prayer by The Reverend Charles F. Landwere, Pastor of St.
Stephen Lutheran Church, Tallahassee:
O Almighty God, Heavenly Father, giver of all that is
good, without whose help all labor is ineffectual and
without whose grace all wisdom is folly, we come before
Thee with a deep sense that we are inadequate in ourselves
to perform our work as leaders of state government. We
beseech Thee, give us the wisdom and strength, the powers
and abilities, the earnestness and consecration we need as
we seek to perform these duties to which we have been
called by the people of Florida. Preserve a harmonious
spirit in our midst and at this meeting so that, as
statesmen, while we have differences of opinion, we
Nevertheless maintain unity of action so that the people of
Florida may be served fairly and wisely and with equity
and justice from the least to the greatest, the poorest to
the most affluent. Grant us the power to use right words
when we debate vigorously the issues which affect
generations yet to come to our beautiful state. As we
consider the welfare of our state and its many needs, direct
our energies and channel our time and talent so that we
will not be overly involved with special interests, personal
concerns and trivial issues. Heavenly Father, we stand in
awe as we consider Thy great commission to teach all
nations to observe all things which Thou has commanded.



As we view the awesome task of education in our small
segment of this wide world, we admit our fears and our
incompetence are hindrances in this most important of
work- the education of our little ones, our youth, our
leaders in science, government, education and in the
humanities. But we trust in Thy promise! "Lo, I am with
you always", and so, leaning on Thee, our work cannot
fail! Show us how best we may accomplish this purpose.
Give us vision and courage that we do not faintheartedly
eliminate necessary projects and objectives that affect a
mute humble, helpless, needy group of our people because
of additional financial requirements. Help us, however, to
be always careful and considerate stewards, who can give
answer in good conscience for all that is spent. Be present
today, in our midst, and in the days that are ahead, with
Thy grace and spirit. Guide, direct and give success to our
deliberations and discussions. Supply a rich measure of
grace to us and our fellow legislators, the Governor, and
the Cabinet, so that our words and actions and decisions
may contribute much to the well-being of all our people
and to the expansion of our potentially great state. Keep
our hearts warm in love to Thee and toward one another
and keep them tender toward those of our constituents in
greatest need of our help.
Deliver us from the sins of slothfulness, selfishness and
false incentives. May all of us feel deeply responsible and
accountable to Thee as stewards of talents Thou hast given.
Finally, bless our resolves that they may contribute to all
whom we are pledged to serve and those who come to us
as guests and neighbors. Trusting ever in Thy fatherly
goodness, wisdom, understanding and love, Amen.


The Journal
The Journal of December 2 was approved.


Co-introducers
Representative Davis was given permission to be recorded as a
co-introducer of HB 9-A.
Representative Ward was given permission to be recorded as a
co-introducer of HB's 3-A, 4-A, 5-A and 6-A.


INTRODUCTION AND REFERENCE
By Representative Pratt-
HB 27-A-A bill to be entitled An act relating to courts of
record; providing for prosecuting officers in courts of record
having criminal jurisdiction where not otherwise provided by
law; providing that the clerk of the circuit court shall be the ex
officio clerk of courts of record where not otherwise provided
by law; providing that the sheriff shall be the executive officer
of courts of record established by law; providing a saving
clause; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.
By Representative Andrews-
HB 28-A-A bill to be entitled An act relating to bonds or
other obligations issued by the State, its agencies or local public



21



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore











22



JOURNAL OF THE HOUSE OF REPRESENTATIVES



bodies; amending Chapter 215, Florida Statutes by adding a
paragraph (3) to Section 215.43 providing for the removal of
all limitations on the rate of interest and price charged by any
unit of government on bonds issued by such unit, except that
such price shall not be less than ninety-five per cent (95%) of
the par value; repealing all laws, whether general, special or
charter provision in conflict with this act; providing an effective
date.
-was placed temporarily in the Committee on Rules &
Calendar.
By Representatives Fortune and Elmore-
HB 29-A-A bill to be entitled An act relating to the
department of transportation; creating five (5) road districts
and a five (5) member state road board to be appointed by the
governor to act as head of the department; providing for the
current secretary to become the executive director of the
department; providing for board headquarters; providing for
bonds of members; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.
By Representative Crabtree-
HB 30-A-A bill to be entitled An act relating to the
homestead tax exemption; repealing Section 7 of Article X of
the Constitution of 1885 as statutory law pursuant to Section
10 of Article XII of the Constitution as amended in 1968;
providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.
By Representatives Tyre, Melvin, Turlington, Crabtree, Earle,
Lindsey, Poorbaugh, J. R. Clark and Ogden-
HB 31-A-A bill to be entitled An act relating to the state
and county retirement system; repealing sections 122.03(9),
321.17(5), and 238.051, Florida Statutes, all created by chapter
69-128, Laws of Florida, which provided procedures for
allowing members of the teachers' retirement system or the
highway patrol pension trust fund to become members of the
state and county officers and employees retirement system;
providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.


MESSAGES FROM THE SENATE
The Honorable Frederick H. Schultz December 2, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-
By Senator Trask-
SB 15-A-A bill to be entitled An act relating to the election
code; amending section 101.33, Florida Statutes, to require one
(1) voting machine for every three hundred fifty registered
electors or major fraction thereof; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 15-A, contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.
The Honorable Frederick H. Schultz December 2, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-



December 3, 1969



By Senators Karl and Daniel-
SB 16-A-A bill to be entitled An act relating to Daytona
Beach, Volusia County; granting the city relief from the three
(3) year limitation imposed on bond anticipation notes by
section 215.431, Florida Statutes; granting Daytona Beach
authority to renew or reissue bond anticipation notes for an
additional three (3) year period; providing an effective date.
Proof of Publication attached.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

Evidence of notice and publication was
established by the House as to SB 16-A.

SB 16-A, contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.


Report of the Committee on Rules & Calendar
The following report was read:
The Honorable Frederick H. Schultz December 2, 1969
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Wednesday,
December 3, 1969, the consideration of the following bill:

HB 1738
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.


CONSIDERATION OF THE SPECIAL ORDER
HB 1738-A bill to be entitled An act relating to primary
elections, amending sections 100.061 and 100.091(1), Florida
Statutes, to provide that the first and second primary elections
take place respectively on the second and fourth Tuesdays in
September; providing an effective date.
-was taken up. On motion by Mr. Andrews, the rules were
waived and HB 1738 was read the second time by title.
Representative Andrews offered the following amendment:
In Section 1, on page 1, lines 15 and 16, strike "first
Tuesday after the first Monday in [May] September" and insert
the following: third Tuesday after the first Monday in May
Mr. Andrews moved the adoption of the amendment.
Pending consideration thereof-
Representative Tyrrell offered the following substitute
amendment:
In Section 1, on page 1, line 16, strike "after the first
Monday" and insert the following: that falls on the sixth day
or later
Mr. Tyrrell moved the adoption of the substitute amendment.
Pending consideration thereof-
Mr. Tucker moved the previous question on the substitute
amendment, which was agreed to.
The question recurred on the adoption of the substitute
amendment, which was adopted.











December 3, 1969



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Representative Tyrrell offered the following amendment:
In Section 2, on page 1, lines 29 and 30, strike all of line 29
and the words "September of" on line 30 and insert the
following: the third Tuesday after the first primary election in

Mr. Tyrrell moved the adoption of the amendment.
Pending consideration thereof-
Representative Pratt offered the following substitute
amendment: Strike the enacting clause.
Mr. Pratt moved the adoption of the substitute amendment.



On motion by Mr. Fleece,
on the table. The vote was:
Yeas-81
Alvarez Elmore
Andrews Featherstone
Arnold Firestone
Baker Fleece
Baumgartner Gillespie
Bevis Graham
Bird Grizzle
Bothwell Gustafson
Brantley Harris
Caldwell Hartnett
Clark, David Heath
Clark, Dick Hess
Clark, J. R. Hodes
Conway Holloway
Crabtree Jordan
Craig Kershaw
Culbreath King
D'Alemberte Lancaster
Davis MacKay
Dixon Matthews
Dubbin McNulty
Nays-26
Bassett Gibson
Chapman Glisson
Crider Gorman
Earle James
Fortune Lewis
Fulford Lindsey
Gautier Martinez, J.



the substitute amendment was laid



Middlemas
Moudry
Murphy
Nease .
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Reedy
Register
Renick
Roberts
Robinson
Rude
Sackett
Sessums
Singleton


Melvin
Mixson
Pratt
Redman
Reed
Rowell
M. Ryals



Spicola
Stafford
Tillman, J. K.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitworth
Wilson
Wolfson
Wood
Yancey





Savage
Sweeny
Tillman, R. J.
Whitson
Woodward



Representative Reeves was recorded as voting Yea.
The question recurred on the adoption of the amendment,
which was adopted.
Representative Tyrrell offered the following amendment:
On page 2, line 3, strike all of section 3 and insert the
following: Section 3. This act shall take effect upon becoming
law.
Mr. Tyrrell moved the adoption of the amendment which was
adopted.
Representative Tyrrell offered the following amendment:
In the title, strike all after the word "Statutes," and insert
the following: Changing the dates of the first and second
primaries; providing an effective date.
Mr. Tyrrell moved the adoption of the amendment which was
adopted.
On motion by Mr. Andrews, the rules were waived and HB
1738, as amended, was read the third time by title. On passage,
the vote was:
Yeas-88
Alvarez Bird Conway Davis
Andrews Brantley Crabtree Dixon
Arnold Caldwell Craig Dubbin
Baker Clark, David Crider Elmore
Baumgartner Clark, Dick Culbreath Featherstone
Bevis Clark, J. R. D'Alemberte Firestone



Fleece
Fortune
Gillespie
Glisson
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hess
Hodes
Holloway
Jordan
Kershaw
King

Nays-23
Mr. Speaker
Bassett
Chapman
Earle
Fulford
Gautier



Lancaster Prominski
MacKay Randell
Matthews Reedy
McNulty Reeves
Melvin Register
Middlemas Renick
Miers Roberts
Moudry Robinson
Murphy Rude
Nease Sackett
Nergard Sessums
Nichols Singleton
Ogden Smith
Pettigrew Spicola
Poorbaugh Stafford
Powell Tillman, J. K.


Gibson Mixson
Gorman Pratt
James Redman
Lewis Reed
Lindsey Rowell
Martinez, J. M. Ryals



Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Yancey


Savage
Stevens
Sweeny
Tillian, R. J.
Woodward



Representative Bothwell abstained from voting.


PAIR VOTE
I am paired with Representative Gallen. If he were present,
he would vote Yea and I would vote Nay on the passage of HB
1738.
Representative R. Ed Blackburn, Jr.

So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.


EXPLANATION FOR NOT VOTING ON HB 1738
Due to my personal business conflict of interest in
connection with the holding of any regular session of the
legislature between January 1st and te 7th day of April 1970,
I shall abstain from voting on the setting of primary or session
dates for 1970.
Representative Cecil L. Bothwell, Jr.


REPORTS OF STANDING COMMITTEES
On point of order by Mr. Turlington, Chairman of the
Committee on Appropriations, that HB 25-A affects
appropriations, the bill was referred also to the Committee on
Appropriations.
The Committee on Ad Valorem Taxation recommends the
following pass:
HB 20-A

The bill was placed in the Committee on Rules & Calendar.

The Committee on Elections recommends the following pass:

HB 17-A

The bill was placed in the Committee on Rules & Calendar.

The Committee on Appropriations recommends the following
pass:

HB 19-A (fiscal note attached)
HB 9-A (fiscal note attached)
HB 10-A (fiscal note attached)

HB 19-A was placed in the Committee on Rules & Calendar.

HB's 9-A and 10-A were referred to the Committee on Public
Health & Welfare.



23











JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Committee on General Legislation recommends the
following pass:
HJR 7-A
HB 26-A

The bills were placed in the Committee on Rules & Calendar.

The Committee on General Legislation recommends the
following pass; the veto of the Governor to the contrary
notwithstanding:
HB 990 (69)
The bill was placed in the Committee on Rules & Calendar.

The Committee on General Legislation recommends that the
Governor's veto be sustained on the following:
HB 2842 (69)
HB 2969 (69)
The bills were placed in the Committee on Rules & Calendar.

The Committee on Higher Education recommends the
following pass:
HB 25-A, with amendments



The bill was referred to the Committee on Appropriations.

The Committee on Public Health & Welfare recommends the
following pass:

HB 9-A
HB 10-A, with amendment
The bills were placed in the Committee on Rules & Calendar.


ENGROSSING REPORT
December 3, 1969
Your Engrossing Clerk reports amendments to-
HB 1738
-have been incorporated and the bill herewith returned.
-and the bill was ordered immediately certified to the
Senate.


Adjournment
On motion by Mr. Rowell the House adjourned at 11:50
A.M. to reconvene at 11:00 A.M. tomorrow.



24



December 3, 1969











THE JOURNAL OF THE FLORIDA



House of Representatives



PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION


THURSDAY, DECEMBER 4, 1969



The House was called to order by the Speaker at 11:00 A.M.

The following Members were recorded present:



Elmore
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey
MacKay



Martinez, J. M.
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals



Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Excused: Representatives Featherstone, E. L. Martinez and
Reeves. Representative Shaw was excused for the morning
session.
A quorum was present.


Prayer
Prayer by Father Patrick Madden, Blessed Sacrament Church,
Tallahassee:
O God, be pleased to bless these our deliberations. Ours
is the task of promoting the common good and the public
weal, yet so as to promote the dignity and freedom of
every man within that joint enterprise. Too often, O God,
we have sought your inspiration, yet went our way,
sincerely we believe, but very much the children of our
prejudices and conceits reflections of our own ambitions
and egotisms, rather than reflections of your impartial,
saving and dynamic light. Touched again by Your Grace,
we want all things to begin in you, and through you be
brought to completion. Yet we see in the death and
resurrection of Your Son, that life is not a straight line of
progress or decline, but ever and anon, breaks into a
revelation of selfishness and prejudice in which I die to self
and rise to new action I never dreamed of To speak your
raise, to invoke your inspiration is not enough. You thus
but start me on a way which demands of him who would
be a wise legislator a continuing process of knowledge that
comes by the touch-stone of reversal and recovery, death
and resurrection, defeat and victory, of losing life to find
it, of saving life to lose it. May the spirit of the Risen Lord
shed its elevating and more than human light upon us,



revealing to us the life that is on the other side of death, -
death to what no longer serves nor ever served but holds on
in immobility, prejudice or egotism. We ask your
inspiration to set ourselves on the path of wisdom we
doubly ask it to follow where the man crucified and risen,
leads as now He continues His crucifixion and resurrection
in us, He in us and we in Him, in time and in eternity.
Amen.


Introduction of House Physician
The Speaker introduced Dr. Fred C. Andrews of Mt. Dora,
who is serving at the Clinic today.


The Journal
The Journal of December 3 was approved.


Motions Relating to Committee Reference
On motion by Mr. Rude, HB 29-A, which is now referred to
the Committees on Transportation and Appropriations, was
referred also to the Committee on State Governmental
Organization & Efficiency.


INTRODUCTION AND REFERENCE
By The Committee on Ad Valorem Taxation-
HB 32-A-A bill to be entitled An act relating to transfer of
appropriated funds, providing for transfer by the administration
commission of appropriated funds from the department of
revenue and the auditor general to the auditor general to carry
out the purposes of House Bill 990 (1969 regular session) and
House Joint Resolution 7-A (1969 special session).
-was placed temporarily in the Committee on Rules &
Calendar.
By Representative Wolfson--
HB 33-A-A bill to be entitled An act relating to bonds or
other obligations; allowing bonds issued by counties,
municipalities or other political subdivisions or public agencies
to bear interest at a rate deemed advisable by the governing
bodies thereof; providing a maximum rate of seven percent
(7%); repealing conflicting laws or parts of laws; providing an
effective date.
On motion by Mr. Wolfson, agreed to by the required
Constitutional two-thirds vote, HB 33-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on General Legislation.
By Representatives Nichols and Crider-
HB 34-A-A bill to be entitled An act relating to drug abuse;
amending section 404.02, Florida Statutes; prohibiting the
25



V ,' -^^* \./
it 'r,

7 J,:-~



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle











JOURNAL OF THE HOUSE OF REPRESENTATIVES



actual or constructive possession or control of hallucinogenic
drugs except as provided in section 404.04, Florida Statutes,
relating to pharmacists, hospitals, etc.; providing an effective
date.
-was placed temporarily in the Committee on Rules &
Calendar.
HB 35-A-WITHDRAWN
HB 36-A-WITHDRAWN
HB 37-A-WITHDRAWN
HB 38-A-WITHDRAWN
HB 39-A-WITHDRAWN
By Representatives Sessums, Redman, Blackburn, Ryals,
Stevens, Register, Culbreath, Danahy, Hodes, Spicola, and E. L.
Martinez-
HB 40-A-A bill to be entitled An act relating to all
municipalities in all counties in the State having a population of
not less than three hundred ninety thousand (390,000) and not
more than four hundred fifty thousand (450,000) according to
the latest state-wide official decennial census; authorizing said
municipalities upon certain conditions to pay out of the general
funds of such municipalities pensions to certain police officers
permanently and totally disabled by reason of injuries received
in the line of duty and, upon their deaths, to their widows;
providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.



and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

On motion by Mr. Dubbin, agreed to by the required
Constitutional two-thirds vote, CS for SB 17-A, contained in
the above message, was admitted for introduction and
consideration by the House, the Speaker having ruled that the
measure was not within the purview of the Governor's call.
The bill was read the first time by title and referred to the
Committees on Public Health & Welfare and Appropriations.

The Honorable Frederick H. Schultz December 3, 1969
Speaker, House of Representatives

Sir:
I am directed to inform the House of Representatives that
HB 230 failed to receive the required Constitutional two-thirds
vote for introduction and consideration by the Senate.
Respectfully,
Edwin G. Fraser
Secretary of the Senate


Reports of the Committee on Rules & Calendar



MESSAGES FROM THE SENATE



December 3, 1969



I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-
By Senator Wilson-
SB 23-A-A bill to be entitled An act relating to courts of
record; providing for prosecuting officers in courts of record
having criminal jurisdiction where not otherwise provided by
law; providing that the clerk of the circuit court shall be the ex
officio clerk of courts of record where not otherwise provided
by law; providing that the sheriff shall be the executive officer
of courts of record established by law; providing a saving
clause; providing an effective date.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motion by Mr. Pratt, agreed to by the required
Constitutional two-thirds vote, SB 23-A, contained in the above
message was admitted for introduction and consideration by the
House, the Speaker having ruled that the measure was not
within the purview of the Governor's call.
The bill was read the first time by title and placed on the
Calendar, without reference.
The Honorable Frederick H. Schultz December 4, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-
By the Committee on Ways and Means-
CS for SB 17-A-A bill to be entitled An act relating to aid
to families with dependent children; making a supplemental
appropriation for the fiscal year 1969-70; providing an effective
date.



The following reports were read:
The Honorable Frederick H. Schultz
Speaker
Sir:



December 3, 1969



Your Committee on Rules & Calendar has approved the
following bills for introduction:
HB 27-A HB 31-A
HB 28-A SB 15-A
HB 30-A
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted.

The Honorable Frederick H. Schultz December 3, 1969
Speaker
Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Thursday,
December 4, 1969, the consideration of the following bill:

SB 15-A

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted. The
vote was:
Yeas-84

Mr. Speaker Baker Brannen Conway
Alvarez Baumgartner Brantley Crabtree
Andrews Bevis Clark, Dick Craig
Arnold Blackburn Clark, J. R. Crider



The Honorable Frederick H. Schultz
Speaker, House of Representatives
Sir:



December 4, 1969



26











JOURNAL OF THE HOUSE OF REPRESENTATIVES



D'Alemberte
Danahy
Davis
Dixon
Dubbin
Firestone
Fortune
Fulford
Gallen
Gautier
Gillespie
Glisson
Gorman
Graham
Harris
Hartnett
Heath
Nays-22
Bassett
Bird
Bothwell
Caldwell
Clark, David
Earle



Hector
Hess
Hodes
Holloway
Kershaw
Lancaster
Lewis
MacKay
Matthews
Melvin
Middlemas
Mixson
Murphy
Nease
Nergard
Nichols
Ogden



Fleece
Gibson
Grizzle
James
Jordan
King



Representatives Elmore
Yea.



Pettigrew
Pratt
Prominski
Redman
Reedy
Renick
Roberts
Robinson
Rowell
Ryals
Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stafford


Lindsey
Martinez, J.
McNulty
Moudry
Poorbaugh
Reed



Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Turlington
Tyre
Tyrrell
Walker
Ware
Westberry
Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey



Register
M. Rude
Ward
Wood



and Randell were recorded as voting



INTRODUCTION AND REFERENCE
HB 27-A-A bill to be entitled An act relating to courts of
record; providing for prosecuting officers in courts of record
having criminal jurisdiction where not otherwise provided by
law; providing that the clerk of the circuit court shall be the ex
officio clerk of courts of record where not otherwise provided
by law; providing that the sheriff shall be the executive officer
of courts of record established by law; providing a saving
clause; providing an effective date.

On motion by Mr. Pratt, agreed to by the required
Constitutional two-thirds vote, HB 27-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.

The bill was read the first time by title and referred to the
Committee on Judiciary.

On motion by Mr. Pratt HB 27-A was withdrawn from the
Committee on Judiciary and taken up by waiver of the rules.

On motion by Mr. Pratt, SB 23-A, a companion measure on
the Calendar, was substituted for HB 27-A.

SB 23-A-A bill to be entitled An act relating to courts of
record; providing for prosecuting officers in courts of record
having criminal jurisdiction where not otherwise provided by
law; providing that the clerk of the circuit court shall be the ex
officio clerk of courts of record where not otherwise provided
by law; providing that the sheriff shall be the executive officer
of courts of record established by law; providing a saving
clause; providing an effective date.

On motion by Mr. Pratt, the rules were waived and SB 23-A
was read the second time by title.

Representative Pratt offered the following amendment:
In Section 4, on page 3, line 30, following the word
"application" insert the following: thereof to any person or
circumstance is held invalid, the remainder of the act and the
application of such provision to person or circumstance other
than those as to which it is held invalid shall not be affected
thereby.

Mr. Pratt moved the adoption of the amendment which was
adopted.

On motion by Mr. Pratt, the rules were waived and SB 23-A,
as amended, was read the third time by title. On passage, the
vote was:



Yeas-104
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle

Nays-3
Grizzle



Elmore Melvin
Firestone Middlemas
Fleece Mixson
Fortune Moudry
Fulford Murphy
Gallen Nease
Gautier Nergard
Gibson Nichols
Gillespie Ogden
Glisson Pettigrew
Gorman Poorbaugh
Graham Powell
Hartnett Pratt
Heath Prominski
Hector Randell
Hess Redman
Hodes Reed
James Reedy
Jordan Register
Kershaw Renick
King Roberts
Lancaster Robinson
Lewis Rowell
Lindsey Ryals
MacKay Sackett
Martinez, J. M. Savage
McNulty Sessums


Gustafson Rude



Singleton
Smith
Spicola
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
walker
Ward
Ware
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.

Under Rule 7.11, HB 27-A was laid on the table.

HB 28-A-A bill to be entitled An act relating to bonds or
other obligations issued by the State, its agencies or local public
bodies; amending Chapter 215, Florida Statutes by adding a
paragraph (3) to Section 215.43 providing for the removal of
all limitations on the rate of interest and price charged by any
unit of government on bonds issued by such unit, except that
such price shall not be less than ninety-five per cent (95%) of
the par value; repealing all laws, whether general, special or
charter provision in conflict with this act; providing an effective
date.

On motion by Mr. Andrews, agreed to by the required
Constitutional two-thirds vote, HB 28-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.

The bill was read the first time by title and referred to the
Committee on General Legislation.
HB 30-A-A bill to be entitled An act relating to the
homestead tax exemption; repealing Section 7 of Article X of
the Constitution of 1885 as statutory law pursuant to Section
10 of Article XII of the Constitution as amended in 1968;
providing an effective date.
On motion by Mr. Crabtree, agreed to by the required
Constitutional two-thirds vote, HB 30-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Ad Valorem Taxation.

HB 31-A-A bill to be entitled An act relating to the state
and county retirement system; repealing sections 122.03(9),
321.17(5), and 238.051, Florida Statutes, all created by chapter
69-128, Laws of Florida, which provided procedures for
allowing members of the teachers' retirement system or the
highway patrol pension trust fund to become members of the
state and county officers and employees retirement system;
providing an effective date.

On motion by Mr. Tyre, agreed to by the required
Constitutional two-thirds vote, HB 31-A was admitted for
introduction and consideration by the House, the Speaker



27



December 4, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 4. 1969



having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committees on Retirement & Personnel.and Appropriations.
On motion by Mr. Tyre, agreed to by two-thirds vote, HB
31-A was withdrawn from the Committee on Personnel &
Retirement and remained referred to the Committee on
Appropriations.
SB 15-A-A bill to be entitled An act relating to the election
code; amending section 101.33, Florida Statutes, to require one
(1) voting machine for every three hundred fifty registered
electors or major fraction thereof; providing an effective date.
On motion by Mr. Andrews, agreed to by the required
Constitutional two-thirds vote, SB 15-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call. The vote was:

Yeas-84



Firestone
Fortune
Fulford
Gallen
Gautier
Gillespie
Glisson
Graham
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Kershaw
Lancaster
Lewis
MacKay
Matthews
McNulty


Earle
Gibson
Gorman
James
Jordan



Melvin
Middlemas
Miers
Mixson
Nease
Nergard
Nichols
Ogden
Powell
Pratt
Prominski
Randell
Redman
Reedy
Renick
Roberts
Rowell
Ryals
Sackett
Savage
Sessums


King
Lindsey
Martinez, J.
Moudry
Murphy



Singleton
Smith
Spicola
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ware
West
Westberry
Whitworth
Wilson
Wood
Woodward
Yancey


Poorbaugh
Reed
M. Rude
Ward
Whitson



Representative Gustafson was recorded as voting Yea.

The bill was read the first time by title and placed on the
Calendar without reference.

The Honorable Frederick H. Schultz December 4, 1969
Speaker
Sir:

Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Thursday,
December 4, 1969, the consideration of the following bills
immediately following SB 15-A:
HB 20-A Vetoed Bills:
HB 17-A HB 990 (1969 Regular session)
HB 19-A HB 2842 (1969 Regular session)
HJR 7-A HB 2969 (1969 Regular session)
HB 26-A
HB 9-A
HB 10-A

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & calendar
On motion by Mr. Rowell, the above report was adopted.



CONSIDERATION OF THE SPECIAL ORDER

SB 15-A-A bill to be entitled An act relating to the election
code; amending section 101.33, Florida Statutes, to require one
(1) voting machine for every three hundred fifty registered
electors or major fraction thereof; providing an effective date.
-was taken up. On motion by Mr. Andrews, the rules were
waived and SB 15-A was read the second time by title.

Representative James offered the following amendment:
In Section 1, on page 1, lines 15, 18, 19 and 20, strike
"three hundred fifty (350)" and insert "four hundred fifty
(450)" and on line 20, strike "major"

Mr. James moved the adoption of the amendment which
failed of adoption.
Representative Hartnett offered the following amendment:
In Section 1, on page 1, line 21, strike the period and insert
the following: for each first primary and general election. In all
other elections the ratio of voting machines to registered
electors may be determined by the board of county
commissioners.
Mr. Hartnett moved the adoption of the amendment which
was adopted.
Representative Bevis offered the following amendment:
In Section 101.33, on page 1, line 21, strike the period and
insert the following: ; provided however that in any precinct
having between 350 and 526 registered electors, two voting
machines shall be provided when deemed necessary by the
supervisor of elections.

Mr. Bevis moved the adoption of the amendment which was
adopted.
On motion by Mr. Andrews, the rules were waived and SB
15-A, as amended, was read the third time by title. On passage,
the vote was:



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Chapman
Clark, Dick
Clark, J. R.
Crabtree
Craig
Crider
Danahy
Davis
Dixon
Dubbin
Elmore

Nays-20
Bassett
Bird
Bothwell
Caldwell
Clark, David



Dubbin
Elmore
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lancaster
Lewis
MacKay


Grizzle



Representatives Middlemas,
recorded as voting Yea.



Matthews
McNulty
Melvin
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Register
Renick
Roberts
Robinson
Rowell
Ryals
Sackett
Savage



Sessums
Singleton
Smith
Stafford
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
arkell
alker
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Rude
Spicola, Stevens, and Ward were



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.
HB 20-A-A bill to be entitled An act relating to taxation;
repealing chapter 69-255, Laws of Florida, which establishes a
biennial real estate ad valorem tax roll; providing an effective
date.



28



Yeas-101

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Davis
Dixon
Nays-3
Earle












December 4, 1969



JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was taken up. On motions by Mr. Davis, the rules were
waived and HB 20-A was read the second time by title and the
third time by title. On passage, the vote was:
Yeas-106



McNulty
Melvin
Middlemas
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett
Savage



Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Nays-None

Representative Tyre was recorded as voting Yea.

So the bill passed and was ordered immediately certified to
the Senate.

Consideration of HB 17-A was temporarily deferred.

HB 19-A-A bill to be entitled An act authorizing
expenditure from a trust fund capital outlay appropriation by
the Department of General Services for the Department of
Agriculture and Consumer Services; providing an effective date.

-was taken up. On motions by Mr. Fortune, the rules were
waived and HB 19-A was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-95



Lindsey
MacKay
Matthews
McNulty
Melvin
Middlemas
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Randell
Redman
Reed
Reedy
Renick
Roberts
Rowell
Ryals



Bothwell Prominski Rude
Gustafson Robinson Ward



Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stafford
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlin gton
Tyrrelf
"alker
Ware
West
Westberry
Whitson
Whitworth
Wolfson
Wood
Woodward
Yancey



Wilson



Representative Stevens was recorded as voting Yea.



So the bill passed and was ordered immediately certified to
the Senate.


Vetoed Bill
HB 990-(1969 Regular Session)-An act relating to the
assessment of each county's annual minimum share of the
minimum foundation program; amending section 236.07(9)(a)
to provide for, and define, the three (3) mill equivalency test as
the formula for assessing each county's annual minimum
financial effort; repealing section 236.071, Florida Statutes,
removing the formula of index of taxpaying ability as the
method of assessing each county's annual minimum financial
effort; providing for legislative auditor to make studies of level
of assessment and to certify results; providing for a distribution
of all funds appropriated for education; providing an effective
date.
-was taken up, together with the following veto message:



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle



June 28, 1969



Elmore
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Glisson
German
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lewis
Lindsey
MacKay
Matthews



Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen



Brantley
Caldwell
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath



D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Fleece
Fortune
Fulford



Gallen
Gautier
Gibson
Gillespie
Glisson
German
Graham
Grizzle
Gustafson
Harris



29



Honorable Tom Adams
Secretary of State



Dear Sir:
Pursuant to the authority vested in me as Governor of the
State of Florida, under the provisions of Article III, Section 8,
of the Constitution of the State of Florida, I hereby transmit
to you with my objections, House Bill 990, enacted by the
Legislature of 1969, and entitled:
An act relating to the assessment of each county's annual
minimum share of the minimum foundation program;
amending section 236.07 (9) (a) to provide for, and define,
the three (3) mill equivalency test as the formula for
assessing each county's annual minimum financial effort;
repealing section 236.071, Florida Statutes, removing the
formula of index of taxpaying ability as the method of
assessing each county's annual minimum financial effort-
providing for legislative auditor to make studies of level of
assessment to certify results; providing for a distribution of
all funds appropriated for education; providing an effective
date.
The objectives of this bill are worthy of becoming law
however, I do not believe that the language of the bill
accomplishes its intent due to the language contained in Section
4. If this bill were to become law it would require substantial
expenditures to be made by the State in the 1969-70 fiscal
year which have not been appropriated by the Legislature. The
bill would require the Legislative Auditor to certify the present
tax roles for distribution of school funds this year utilizing a
new formula to calculate the amount to be distributed. The
effect of the new formula would require that the State pay
increased Minimum Foundation Program payments to those
counties that were certified to be assessing above average, but
due to Section 4, the State would also pay the counties that
were assessing below average the same amount they are entitled
to under current law.
Therefore, for the reasons stated above, I hereby withold my
approval from House Bill 990, Regular Session of the
Legislature of 1969, and do hereby veto the same.
Respectfully,
CLAUDE R. KIRK, JR.
Governor

Mr. D'Alemberte moved that HB 990 (1969 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-107



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bird
Blackburn
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Nays-7



Dubbin
Earle
Elmore
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
German
Graham
Grizzle
Harris
Heath
Hector
Hess
Hodes
James
Jordan
Kershaw
Lewis












JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 4, 1969



Roberts
Robinson
Rowell
Rude
Ryals
Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen



Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Nays-1
Chapman
Representatives Firestone and Reedy were recorded as voting
Yea.

So HB 990 (1969 Regular Session) passed by the required
Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained and the bill was
ordered immediately certified to the Senate.
HJR 7-A-A joint resolution establishing a new effective date
for house bill 990, an act relating to the assessment of each
county's minimum share of the minimum foundation program,
which bill was passed by both houses of the legislature during
the 1969 session and thereafter vetoed by the governor.
-was taken up and read the second time by title.
On motion by Mr. D'Alemberte, the rules were waived and
HJR 7-A was read the third time. On passage of the joint
resolution, which reads as follows:
HJR 7-A-A joint resolution establishing a new effective date
for house bill 990, an act relating to the assessment of each
county's minimum share of the minimum foundation program,
which bill was passed by both houses of the legislature during
the 1969 session and thereafter vetoed by the governor.
Be It Resolved by the Legislature of the State of Florida:
Pursuant to Article III, Section 9 of the Florida constitution,
house bill 990 of the 1969 legislative session shall become
effective on July 1 1970, the veto of the governor
notwithstanding, provided, however, that the auditor general is
authorized to commence ratio studies at an earlier date if funds
are available and, provided that the results of such ratio studies,
if certified by the auditor general to the state department of
education shall be used for the distribution of school funds
commencing on July 1, 1970.
The vote was:
Yeas-105
Mr. Speaker Earle Kershaw Reed
Alvarez Elmore King Reedy
Andrews Firestone Lewis Register
Arnold Fleece Lindsey Renick
Baker Fortune MacKay Roberts
Bassett Fulford Martinez, J. M. Robinson
Baumgartner Gallen Matthews Rowell
Bothwell Gautier McNulty Rude
Brannen Gibson Melvin Ryals
Brantley Gillespie Middlemas Sackett
Clark, David Glisson Mixson Savage
Clark, Dick Gorman Moudry Sessums
Clark, J. R. Graham Murphy Singleton
Conway Grizzle Nease Smith
Crabtree Gustafson Nergard Spicola
Craig Hartnett Nichols Stafford
Crider Heath Ogden Stevens
Culbreath Hector Pettigrew Tillman, J. K.
D'Alemberte Hess Poorbaugh Tillman, R. J.
Danahy Hodes Powell Tobiassen
Davis Holloway Prominski Tucker
Dixon James Randell Turlington
Dubbin Jordan Redman Tvre



Hartnett Middlemas
Heath Mixson
Hector Moudry
Hess Murphy
Hodes Nease
Holloway Nergard
James Nichols
Jordan Ogden
Kershaw Pettigrew
King Poorbaugh
Lewis Powell
Lindsey Prominski
MacKay Randell
Martinez, J. M. Redman
Matthews Reed
McNulty Register
Melvin Renick



Yeas-88
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Craig
Crider
D'Alemberte
Danahy

Nays-18
Bothwell
Crabtree
Earle
Grizzle
Jordan



Davis
Dixon
Dubbin
Elmore
Firestone
Fleece
Fortune
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Gustafson
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James


Martinez, J.
McNulty
Pratt
Robinson
Savage



Kershaw
Lancaster
Lewis
Lindsey
MacKay
Matthews
Melvin
Middlemas
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy


M. Sessums
Stafford
Tillman, J. I
Tobiassen
West



Renick
Roberts
Rowell
Rude
Ryals
Sackett
Singleton
Smith
Spicola
Stevens
Sweeny
Tillman, R. J.
Tucker
Turlington
Tyre
Tyrrell
Walker
Ware
Westberry
Whitson
Whitworth
Wolfson


Wilson
Wood
K. Woodward



Representatives Harris and Yancey were recorded as voting
Yea. Representative Woodward changed his vote from Nay to
Yea and Representative Spicola changed his vote from Yea to
Nay.
So the bill passed, as amended, by the required Constitutional
three-fifths vote of the membership, and was ordered
immediately certified to the Senate, after engrossment.

HB 9-A-A bill to be entitled An act relating to Aid to
Families with Dependent Children; making supplemental



30



Tyrrell West Wilson Yancey
Walker Westberry Wolfson
Ward Whitson Wood
Ware Whitworth Woodward
Nays--1

Chapman
Representative Blackburn was recorded as voting Yea.
So the joint resolution passed and was ordered immediately
certified to the Senate.
HB 26-A-A bill to be entitled An act providing a maximum
interest rate allowable on bonds issued by the state board of
education pursuant to subsection (a) of section 9, article XII of
the state constitution; and providing an effective date.

-was taken up. On motions by Mr. Graham, the rules were
waived and HB 26-A was read the second time by title and the
third time by title.
Representative Graham offered the following amendment:
In Section 1, on page 1 line 13, after the word
"constitution" add: as amended,
Mr. Graham moved the adoption of the amendment, which
was adopted by two-thirds vote.
Representative Graham offered the following amendment:
In the title, on line 8, after the word "constitution" add: as
amended
Mr. Graham moved the adoption of the amendment which
was adopted.
The question recurred on the final passage of HB 26-A, as
amended. The vote was:



-J--












JOURNAL OF THE HOUSE OF REPRESENTATIVES



appropriation from the general revenue fund for the fiscal year
1969-70; providing an effective date.

-was taken up. On motion by Mr. Dubbin, the rules were
waived and HB 9-A was read the second time by title.

Representative Dubbin offered the following amendment:

In Section 1, on page 1, line 12, strike the word "from" on
line 12 and the remainder of the section and insert the
following: ; to supplement the appropriations made in item 767
of chapter 69-100, Laws of Florida, for the fiscal year ending
June 30, 1970; the following amounts:

Aid to Families with Dependent Children
From General Revenue Fund $1,519,902
From State Welfare Trust Fund $3,993,586
The appropriations made herein may be combined with the
appropriations made in item 767 of chapter 69-100, Laws of
Florida, and the general revenue fund appropriation may be
transferred to the proper trust fund for disbursement.

Mr. Dubbin moved the adoption of the amendment which
was adopted.

Representative Dubbin offered the following amendment:

In Section 2, on page 1, line 26, strike "at the same level of
payments and percentage of unmet needs as now exists in the
program." and insert the following: on the same basis provided
for the program in item 767 of Chapter 69-100, Laws of
Florida

Mr. Dubbin moved the adoption of the amendment which
was adopted.

Representative Dubbin offered the following amendment:

In Section 3, on page 2, line 5, strike "become effective" and
insert the following: take effect

Mr. Dubbin moved the adoption of the amendment which
was adopted.

On motion by Mr. Dubbin, the rules were waived and CS for
SB 17-A was withdrawn from the Committees on Public Health
& Welfare and Appropriations and substituted for HB 9-A.

CS for SB 17-A-A bill to be entitled An act relating to aid
to families with dependent children; making a supplemental
appropriation for the fiscal year 1969-70; providing an effective
date.

On motions by Mr. Dubbin, the rules were waived and CS for
SB 17-A was read the second time by title and the' third time
by title. On passage, the vote was:
Yeas-90



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bird
Blackburn
Brannen
Brantley
Caldwell
Clark, David
Clark, Dick
Clark, J. R.
Conway
Craig
Crider
D'Alemberte
Danahy
Davis
Dixon
Dubbin



Elmore
Fleece
Fortune
Fulford
Gautier
Gillespie
Graham
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lancaster
Lewis
Lindsey
MacKay
Matthews



Melvin
Middlemas
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Randell
Redman
Reed
Reedy
Renick
Roberts
Robinson
Rowell
Ryals
Sackett
Savage



Sessums
Singleton
Smith
Spicola
Stevens
Sweeny
Tillman, R. J.
Tucker
Turlington
Tyre
Tyrrell
walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wolfson
Woodward
Yancey



Nays-14
Bothwell
Earle
Gibson
Glisson



Gorman
Grizzle
Martinez, J. M.
McNulty



Prominski
Rude
Tillman, J. K.
Tobiassen



Wilson
Wood



Representatives Bevis and Chapman were recorded as voting
Yea. Representative Randell changed his vote from Yea to Nay.

So the bill passed and was ordered immediately certified to
the Senate.

Under Rule 7.11, HB 9-A was laid on the table.

HB 10-A-A bill to be entitled An act authorizing the transfer
of surplus appropriation within the Department of Health and
Rehabilitative Services programs for the fiscal year 1969-70;
providing an effective date.

-was taken up. On motion by Mr. Dubbin, the rules were
waived and HB 10-A was read the second time by title.

The Committee on Public Health & Welfare offered the
following amendment:

In Section 1, on page 1, line 20, strike the period and
following the word "counties" add: provided a request for
such transfer is forwarded to the Secretary of The Department
of Health and Rehabilitative Services from the county
government which has surplus funds on account under Item
521 of Chapter 69-100.

Mr. Dubbin moved the adoption of the amendment which
was adopted.

On motion by Mr. Dubbin, the rules were waived and HB
10-A, as amended, was read the third time by title. On passage,
the vote was:

Yeas-100



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
D'Alemberte
Danahy
Davis



Nays-5
Grizzle
McNulty



Dixon
Dubbin
Earle
Elmore
Firestone
Fleece
Fortune
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw



Powell



Lancaster
Lewis
Lindsey
MacKay
Matthews
Melvin
Middlemas
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Prominski
Randell
Redman
Reed
Reedy
Renick
Roberts
Robinson
Rowell
Rude



Pratt



Ryals
Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey



Tobiassen



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.


Adjournment

On motion by Mr. Rowell, the House adjourned at 12:50
P.M. to reconvene at 3:30 P.M. today.



December 4, 1969



31











JOURNAL OF THE HOUSE OF REPRESENTATIVES



AFTERNOON SESSION



December 4, 1969



MESSAGE FROM THE SENATE



The House was called to order by the Speaker at 3:30 P.M.
The following Members were recorded present:



Mr. Speaker Elmore
Alvarez Firestone
Andrews Fleece
Arnold Fortune
Baker Fulford
Bassett Gallen
Baumgartner Gautier
Bevis Gibson
Bird Gillespie
Blackburn Glisson
Bothwell Gorman
Brannen Graham
Brantley Grizzle
Caldwell Gustafson
Chapman Harris
Clark, David Hartnett
Clark, Dick Heath
Clark, J. R. Hector
Conway Hess
Crabtree Hodes
Craig Holloway
Crider James
Culbreath Jordan
D'Alemberte Kershaw
Danahy King
Davis Lancaster
Dixon Lewis
Dubbin Lindsey
Earle MacKay

A quorum was present.



Martinez, J. M.
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals



Sackett
Savage
Sessums
Shaw
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
SWalker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



INTRODUCTION AND REFERENCE

By the Committee on Transportation-
HCR 41-A-A House Concurrent Resolution creating a select
joint committee to study public transportation systems of the
state, and to report its findings and recommendations to the
1970 session of the Legislature.
-was read the first time in full and placed in the Committee
on Rules & Calendar.
Mr. Rude, on a point of order, suggested HCR 41-A was
outside the purview of the Governor's Cal1, and its introduction
therefore would require a two-thirds vote. He quoted from the
Call, which he said limited the Legislature to consideration of
legislation to "implement and properly fund the 16-year road
building program and also to select 1970 primary dates." The
Speaker ruled the point was not well taken, holding the
Concurrent Resolution was within the purview of the Call,
being germane to the issue of roads.
Mr. Gustafson raised the further point of order that the
Concurrent Resolution should be referred to the Committee on
Appropriations as the House should know its fiscal implications.
The Speaker ruled the point was not well taken.
By Representatives Stevens, Ryals, Danahy, Blackburn,
Spicola, Sessums, Redman, Hodes and Register-
HB 42-A-A bill to be entitled An act relating to justice of
the peace courts in Pasco County; providing for compensation
of the justices of the peace; amending laws in conflict herewith;
providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.
By Representatives Bothwell, Lindsey, Gorman, Gibson,
Earle, Wood, Fulford and Bassett-
HR 43-A-A Resolution commending Gary Eugene O'Neal of
Orlando, Florida.
-was placed temporarily in the Committee on Rules &
Calendar.



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 4, 1969



Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-
By Senator Henderson-
SB 26-A-A bill to be entitled An act relating to the
homestead tax exemption; repealing Section 7 of Article X of
the Constitution of 1885 as statutory law pursuant to Section
10 of Article XII of the Constitution as amended in 1968;
providing an effective date.
and requests the concurrence of the House therein.

Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motion by Mr. Crabtree agreed to by the required
Constitutional two-thirds vote, Sh 26-A, contained in the above
message, was admitted for introduction and consideration by
the House, the Speaker having ruled that the measure was not
within the purview of the Governor's call.
The bill was read the first time by title and placed on the
Calendar without reference.


Report of the Committee on Rules & Calendar
The following report was read:

The Honorable Frederick H. Schultz December 4, 1969
Speaker
Sir:
Your Committee on Rules & Calendar has approved the
following bills for introduction:
HB 32-A
SB 16-A
HB 40-A

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.


INTRODUCTION AND REFERENCE
HB 32-A-A bill to be entitled An act relating to transfer of
appropriated funds, providing for transfer by the administration
commission of appropriated funds from the department of
revenue and the auditor general to the auditor general to carry
out the purposes of House Bill 990 (1969 regular session) and
House Joint Resolution 7-A (1969 special session).
On motion by Mr. D'Alemberte agreed to by the required
Constitutional two-thirds vote, IHB 32-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Appropriations.
On motion by Mr. Turlington, agreed to by two-thirds vote,
HB 32-A was withdrawn from the Committee on
Appropriations and placed in the Committee on Rules &
Calendar.



32












December 4, 1969



JOURNAL OF THE HOUSE OF REPRESENTATIVES



SB 16-A-A bill to be entitled An act relating to Daytona
Beach, Volusia County; granting the city relief from the three
(3) year limitation imposed on bond anticipation notes b
section 215.431, Florida Statutes; granting Daytona Beach
authority to renew or reissue bond anticipation notes for an
additional three (3) year period; providing an effective date.

On motion by Mr. Sweeny, agreed to by the required
Constitutional two-thirds vote, SB 16-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Local Government.
On motion by Mr. Sweeny, agreed to by two-thirds vote,
SB 16-A was withdrawn from the Committee on Local
Government and placed in the Committee on Rules & Calendar.

HB 40-A-A bill to be entitled An act relating to all
municipalities in all counties in the State having a population of
not less than three hundred ninety thousand (390,000) and not
more than four hundred fifty thousand (450,000) according to
the latest state-wide official decennial census; authorizing said
municipalities upon certain conditions to pay out of the general
funds of such municipalities pensions to certain police officers
permanently and totally disabled by reason of injuries received
in the line of duty and, upon their deaths, to their widows;
providing an effective date.
On motion by Mr. Sessums, agreed to by the required
Constitutional two-thirds vote, HB 40-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and placed in the
Committee on Rules & Calendar.


Report of the Committee on Rules & Calendar

The following report was read:



The Honorable Frederick H. Schultz
Speaker



December 4, 1969



Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Thursday,
December 4, 1969, the consideration of the following bills:



HB 32-A
HB 25-A
HB 33-A
HB 31-A



HB 30-A
SB 16-A
HB 40-A
HB 2507 Veto Message



A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted.


CONSIDERATION OF THE SPECIAL ORDER

HB 32-A-A bill to be entitled An act relating to transfer of
appropriated funds, providing for transfer by the administration
commission of appropriated funds from the department of
revenue and the auditor general to the auditor general to carry
out the purposes of House Bill 990 (1969 regular session) and
House Joint Resolution 7-A (1969 special session).
-was taken up. On motions by Mr. D'Alemberte, the rules
were waived and HB 32-A was read the second time by title
and the third time by title. On passage, the vote was:



Yeas-105
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin



Elmore
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey



Nays-1
Chapman
So the bill passed and
the Senate.



33



MacKay
Martinez, J. M.
Matthews
McNulty
Melvin
Middlemas
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Renick
Roberts
Robinson
Rowell
Ryals
Sackett
Savage



Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey



was ordered immediately certified to



HB 25-A-A bill to be entitled An act authorizing
expenditures for fixed capital outlay projects at junior colleges,
area vocational-technical centers, and institutions under the
board of regents; providing an effective date.
-was taken up. On motion by Mr. Graham, the rules were
waived and HB 25-A was read the second time by title.
The Committee on Higher Education offered the following
amendment:

In Section 1, on page 1, line 14, following the word
"constitution" insert the following: as amended,

Mr. Graham moved the adoption of the amendment which
was adopted.

The Committee on Higher Education offered the following
amendment:
In Section 1, on page 1, line 21, strike the period and insert
the following: as amended.
Mr. Graham moved the adoption of the amendment which
was adopted.
The Committee on Higher Education offered the following
amendment:

In Section 1, on page 3, line 12, following the word
"constitution" insert the following: as amended
Mr. Graham moved the adoption of the amendment which
was adopted.
The Committee on Higher Education offered the following
amendment:
In Section 2, on page 3, line 20, following the word
"constitution" insert the following: as amended

Mr. Graham moved the adoption of the amendment which
was adopted.
The Committee on Higher Education offered the following
amendment:
In Section 3, on page 3, line 25, following the word
"constitution" insert the following: as amended












JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 4, 1969



Mr. Graham moved the adoption of the amendment which
was adopted.

On motion by Mr. Graham, the rules were waived and HB
25-A, as amended, was read the third time by title. On passage,
the vote was:



Yeas-98

Mr. Speaker Elmore
Alvarez Firestone
Andrews Fleece
Arnold Fortune
Baker Fulford
Bassett Gallen
Baumgartner Gautier
Bevis Gibson
Bird Gillespie
Blackburn Glisson
Bothwell Gorman
Brannen Graham
Brantley Grizzle
Caldwell Gustafsor
Clark, David Hartnett
Clark, J. R. Heath
Conway Hector
Craig Hodes
Crider Holloway
Culbreath James
D'Alemberte Kershaw
Davis King
Dixon Lewis
Dubbin Lindsey
Earle MacKay
Nays-9

Chapman Jordan
Crabtree Moudry
Hess Nergard
Representatives Harris
Yea.



Martinez, J. M. Sessums
Matthews Shaw
McNulty Singleton
Melvin Smith
Middlemas Spicola
Mixson Stafford
Murphy Stevens
Nease Sweeny
Ogden Tillman, J. K.
Pettigrew Tucker
Poorbaugh Turlington
Powell Tyre
Prominski Walker
Randell Ward
Redman Ware
Reed West
Reedy Westberry
Register Whitson
Renick Whitworth
Roberts Wilson
Robinson Wolfson
Rowell Woodward
Ryals Yancey
Sackett
Savage



I



Pratt
Tobiassen



Wood



and Nichols were recorded as voting



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.

HB 33-A-A bill to be entitled An act relating to bonds or
other obligations; allowing bonds issued by counties,
municipalities or other political subdivisions or public agencies
to bear interest at a rate deemed advisable by the governing
bodies thereof; providing a maximum rate of seven percent
(7%); repealing conflicting laws or parts of laws; providing an
effective date.
-was taken up. On motion by Mr. Wolfson, the rules were
waived and HB 33-A was read the second time by title.

Representative Nease offered the following amendment:

In Section 1, on page 1, lines 21 and 22, strike "seven
percent (7%)" and insert the following: seven and one half
percent (7/2%)

Mr. Nease moved the adoption of the amendment.
Pending consideration thereof-
Representative Andrews offered the following substitute
amendment:
On page 1, strike all of sections 1, 2 and 3 and insert the
following: Section 1. Chapter 215, Florida Statutes, is amended
by adding Section 215.43(3) to read:

215.43(3) Notwithstanding the provisions of any other law,
whether general, special or charter provision, all bonds
authorized and issued by any unit may bear interest at such
rate or rates as may be determined by the governing body of
such unit, without limitation or restriction, and may be sold at
such price or prices as may be determined by the governing
body of such unit, provided that such price or prices shall not
be less than ninety-five per cent (95%) of the par value thereof,
and all laws, whether general, special or charter provision, in
any way in conflict herewith are expressly repealed and
superseded by this act.



Section 2. This act shall take effect upon becoming a law.
Mr. Andrews moved the adoption of the substitute
amendment, which failed of adoption.

Representative Davis offered the following substitute
amendment:

In Section 1, on page 1, line 22, strike "(7%)" and insert the
following: 8%

Mr. Davis moved the adoption of the substitute amendment.
Mr. Davis withdrew the substitute amendment.

The question recurred on the adoption of the amendment by
Mr. Nease, which failed of adoption.

Representatives Turlington and Harris offered the following
amendment:

In Section 1, on page 1, line 22, strike the period and insert
the following: ; provided, however that if it appears to be in
the best interest of the public the State Board of
Administration may authorize for a specific issue or re-issue
upon request of the issuing unit a rate of interest in excess of
the maximum rate set herein.

Mr. Turlington moved the adoption of the amendment.
Pending consideration thereof-
Mr. Crabtree moved the previous question on the bill and
pending amendment, which was agreed to.

The question recurred on the adoption of the amendment by
Mr. Turlington, which was adopted.

On motion by Mr. Wolfson, the rules were waived and HB
33-A, as amended, was read the third time by title. On passage,
the vote was:



Yeas-72
Mr. Speaker
Andrews
Baker
Baumgartner
Bevis
Brannen
Brantley
Clark, David
Clark, J. R.
Conway
Craig
D'Afemberte
Danahy
Davis
Dixon
Dubbin
Elmore
Firestone

Nays-30
Alvarez
Arnold
Bassett
Caldwell
Chapman
Crabtree
Crider
Earle



Fleece
Fortune
Gautier
Gibson
Gillespie
Gorman
Graham
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Jordan
Kershaw
Lancaster


Gallen
Grizzle
King
Lindsey
Martinez, J.
McNulty
Nergard
Ogden



Lewis
MacKay
Matthews
Melvin
Middlemas
Mixson
Moudry
Murphy
Nease
Pettigrew
Poorbaugh
Powell
Randell
Reed
Reedy
Renick
Roberts
Rowell


Prominski
Register
Savage
Sessums
M. Shaw
Spicola
Stafford
Tillman, J. K.



Rude
Ryals
Singleton
Smith
Stevens
Sweeny
Tillman, R. J.
Turlington
Tyrrell
walker
Ward
Ware
West
Whitson
Whitworth
Wolfson
Woodward
Yancey


Tobiassen
Tucker
Tyre
Westberry
Wilson
Wood



Representatives Bothwell, Fulford, Glisson, and Redman were
recorded as voting Yea.
So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.

HB 31-A-A bill to be entitled An act relating to the state
and county retirement system; repealing sections 122.03(9),
321.17(5) and 238.051, Florida Statutes, all created by chapter
69-128, Laws of Florida, which provided procedures for
allowing members of the teachers' retirement system or the



34












JOURNAL OF THE HOUSE OF REPRESENTATIVES



highway patrol pension trust fund to become members of the
state and county officers and employees retirement system;
providing an effective date.
-was taken up. On motions by Mr. Tyre, the rules were
waived and HB 31-A was read the second time by.title and the
third time by title. On passage, the vote was:



Yeas-98

Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Bothwell
Brannen
Brantley
Chapman
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Dubbin
Earle
Elmore
Firestone

Nays-1
McNulty
So the bill
the Senate.



Fleece
Fortune
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Jordan
Kershaw
Lancaster
Lewis
Lindsey
MacKay
Matthews
Melvin



Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Powell
Prominski
Randell
Reed
Reedy
Renick
Roberts
Rowell
Rude
Ryals
Sackett
Savage
Sessums
Shaw
Singleton



Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



passed and was ordered immediately certified to



HB 30-A was taken up. On motion by Mr. Crabtree, SB 26-A,
a companion measure on the Calendar, was substituted for HB
30-A.

SB 26-A-A bill to be entitled An act relating to the
homestead tax exemption; repealing Section 7 of Article X of
the Constitution of 1885 as statutory law pursuant to Section
10 of Article XII of the Constitution as amended in 1968;
providing an effective date.
On motion by Mr. Crabtree, the rules were waived and SB
26-A was read the second time by title.
Representative Crabtree offered the following amendment:
On page 1, lines 30 and 31, strike all of Section 2 and insert
the following:
Section 2. This act shall take effect on December 30, 1969.
Mr. Crabtree moved the adoption of the amendment, which
was adopted.
Representative Crabtree offered the following amendment:
In Section 1, on page 1, lines 28 and 29, strike all after word
"law" to end of sentence and insert a period
Mr. Crabtree moved the adoption of the amendment, which
was adopted.
On motion by Mr. Crabtree, the rules were waived and SB
26-A, as amended, was read the third time by title. On passage,
the vote was:

Yeas-100

Mr. Speaker Baumgartner Brantley Craig
Alvarez Bevis Chapman Crider
Andrews Bird Clark, David Culbreath
Arnold Blackburn Clark, J. R. D'Alemberte
Baker Bothwell Conway Danahy
Bassett Brannen Crabtree Davis



Dubbin
Earle
Elmore
Firestone
Fleece
Fortune
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Hartnett
Heath
Hector
Hess
Hodes
Nays-None



Holloway
Jordan
Kershaw
Lancaster
Lewis
Lindsey
MacKay
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden



35



Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Renick
Roberts
Rowell
Rude
Ryals
Sackett
Savage
Singleton
Smith
Spicola
Stafford
Stevens



Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.
Under Rule 7.11, HB 30-A was laid on the table.
HB 40-A-A bill to be entitled An act relating to all
municipalities in all counties in the State having a population of
not less than three hundred ninety thousand (390,000) and not
more than four hundred fifty thousand (450,000) according to
the latest state-wide official decennial census; authorizing said
municipalities upon certain conditions to pay out of the general
funds of such municipalities pensions to certain police officers
permanently and totally disabled by reason of injuries received
in the line of duty and, upon their deaths, to their widows;
providing an effective date.
-was taken up. On motions by Mr. Spicola, the rules were
waived and HB 40-A was read the second time by title and the
third time by title. On passage, the vote was:



Yeas-97
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Nays-None



Dubbin
Earle
Elmore
Firestone
Fleece
Fortune
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Jordan
Kershaw
Lancaster
Lewis
Lindsey



MacKay
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Register
Renick
Roberts
Rowell
Ryals
Sackett



Savage
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
West
Westberry
Whitworth
Wilson
Wolfson
Woodward.
Yancey



Representative Sessums was recorded as voting Yea.

So the bill passed and was ordered immediately certified to
the Senate.
SB 16-A-A bill to be entitled An act relating to Daytona
Beach, Volusia County; granting the city relief from the three
(3) year limitation imposed on bond anticipation notes by
section 215.431, Florida Statutes; granting Daytona Beach
authority to renew or reissue bond anticipation notes for an
additional three (3) year period; providing an effective date.
-was taken up. On motions by Mr. Sweeny, the rules were
waived and SB 16-A was read the second time by title and the
third time by title. On passage, the vote was:



December 4, 1969












JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas-100
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Nays-1

McNulty



MacKay
Matthews
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Renick
Roberts
Rowell
Rude
Ryals
Sackett
Savage



Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



So the bill passed and was ordered immediately certified to
the Senate.


Vetoed Bill

HB 2507 (1969 Regular Session)- An act amending chapter
421.27(2), Florida Statutes, relating to the appointment of
housing authority commissioners by the board of county
commissioners in each county of the state having a population
of not less than seventy thousand (70 000) and not more than
seventy-four thousand two hundred (74,200) according to the
latest official decennial census; providing an effective date.
-was taken up, together with the following veto message:

Honorable Tom Adams June 27, 1969
Secretary of State
Dear Sir:
Pursuant to the authority vested in me as Governor of
Florida, under the provisions of Article III, Section 8, of the
Constitution of the State of Florida, I hereby transmit to you
with my objections, House Bill 2507, enacted by the
Legislature of 1969, and entitled:

"An act amending Chapter 421.27(2), Florida statutes,
relating to the appointment of housing authority
commissioners by the board of county commissioners in
each county of the state having a population of not less
than seventy thousand (70,000), and not more than seventy
four thousand, two hundred (74,200), according to the
latest official decennial census; providing an effective date."

The purpose of this Authority is to provide leadership in the
clearance, replanning and reconstruction of areas in which
unsanitary and unsafe housing conditions exist and to provide
safe and sanitary dwelling accommodations for persons of low
income.

During the past two years this Authority has been actively
pursuing those objectives and functioning in a proper and
efficient manner. Its efforts have resulted in a commitment
from the Federal Department of Housing and Urban
Development for the grant of federal funds, which will be
utilized to carry out the objectives and purposes for the
existence of this Authority.
The primary purpose of this bill is to alter the method by
which the governing body of the Housing Authority is selected.
To change the method of selection at this point in time may
create a legal question in regard to the authority of this



Authority to act. More importantly the commitment from the
Federal Government may be placed in jeopardy or result in a
considerable delay in the release of such funds.
The bill does not contain any finding of necessity to show
that the Legislature at this time should consider passage of such
action, and it is not subject to referendum approval by the
citizens affected. Further, the Authority is presently operating
in a proper and efficient manner and there is no compelling
public reason why the legal status of this Authority should be
altered at this point in time.
For these reasons, I am necessarily withholding my approval
from House Bill 2507, Regular Session of the Legislature of
1969, and do hereby veto the same.
Sincerely,

CLAUDE R. KIRK, JR.
Governor

Mr. Turlington moved that HB 2507 (1969 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:



Dubbin
Earle
Elmore
Firestone
Fleece
Fortune
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Jordan
Kershaw
Lancaster
Lewis
Lindsey



Firestone
Fleece
Fortune
Gallen
Gautier
Gillespie
Glisson
Graham
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Jordan
Kershaw
Lancaster
Lewis
MacKay
Matthews
Melvin


Gorman
Gustafson
Lindsey
Martinez, J.



Middlemas
Miers
Mixson
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Pratt
Prominski
Randell
Redman
Register
Renick
Roberts
Robinson
Rowell
Ryals
Sackett
Savage


McNulty
Powell
Rude
M. Tillman, R. J.



Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Tillman, J. K.
Tucker
Turlington
Tyre
Tyrrell
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey




Tobiassen
Ward
Wood



So HB 2507 (1969 Regular Session) passed by the required
Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained and the bill was
ordered immediately certified to the Senate.


REPORTS OF STANDING COMMITTEES
The Committee on Appropriations recommends the following
pass:
HB 25-A, with fiscal note
HB 31-A, with fiscal note

The bills were placed in the Committee on Rules & Calendar.
The Committee on General Legislation recommends the
following pass:
HB 33-A
The bill was placed in the Committee on Rules & Calendar.
The Committee on General Legislation recommends the
following pass, the veto of the Governor to the contrary
notwithstanding:

HB 2507 (1969 Regular Session)



Yeas-86
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Bird
Blackburn
Brannen
Brantley
Caldwell
Chapman
Clark, J. R.
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dubbin
Elmore
Nays-15
Bassett
Bothwell
Earle
Gibson



36



December 4, 1969











December 4, 1969 JOURNAL OF THE HOUSE OF REPRESENTATIVES 37

The bill was placed in the Committee on Rules & Calendar. December 4, 1969

The Committee on Ad Valorem Taxation recommends the Your Engrossing Clerk reports amendments to-
following pass: HB 33-A HB 10-A
HB 30A HB 25-A HB 26-A
HR 30-A
-have been incorporated and the bills herewith returned.
The bill was placed in the Committee on Rules & Calendar.
-and the bills were ordered immediately certified to the
Senate.



ENGROSSING REPORTS

December 4, 1969

Your Engrossing Clerk reports amendments to-

SB 26-A SB 15-A SB 23-A

-have been examined and the bills herewith returned.

-and the bills with amendments, were ordered immediately
certified to the Senate.



ENROLLING REPORT

HCR 2-A
-has been enrolled, signed by the required Constitutional
officers and presented to the Governor on December 4, 1969.
Allen Morris, Clerk


Adjournment
On motion by Mr. Rowell, the House adjourned at 5:10 P.M.
to reconvene at 9:00 A.M. tomorrow.















Y:



THE JOURNAL OF THE FLORIDA



House of Representatives



PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION


FRIDAY, DECEMBER 5, 1969



The House was called to order by the Speaker at 9:00 A.M.

The following Members were recorded present:



Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey
MacKay



Excused: Representatives
and Register.



Martinez, J. M.
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett



Savage
Sessums
Shaw
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Dick Clark, E. L. Martinez, Reeves,



A quorum was present.


Prayer
Prayer by The Reverend Rayburn L. Blair, Pastor of Temple
Baptist Church, Tallahassee:
Father, you know the needs of each man, each person, in
this House of Representatives this morning and, Father,
you know the needs of the State of Florida and of our
action, and we pray, Lord, that we might be silent just for
a few moments to seek your will and leadership for our
lives and our state and our country. We pray, Lord God,
that you'd give us the courage to stand up and say it like it
is, to be honest, to be truthful, and may each one of these
men, Lord, be examples of what every Floridian should be.
We ask, Lord, that you'd give them wisdom. May they
always be aware of the importance of seeking for your will.
We ask, Lord, that you use the efforts and decisions of this
group of men who make the laws of this state to influence
the rest of the nation and we do pray, Lord, that you'd
help our country. We so need your help. We pray, Lord
God, that you might somehow restore many of the good
things that have been lost and help us, Lord, to go on to
great things. We commit it in your hands in the name of
Jesus Christ. Amen.



The Journal
The Journal of December 4, corrected as follows, was
approved: On page 31, column 1, title of SB 17-A, strike the
entire title and insert the following:
CS for SB 17-A-A bill to be entitled An act relating to aid
to families with dependent children; making a supplemental
appropriation for the fiscal year 1969-70; providing an effective
date.


Change of Vote
Representative Ogden changed his vote from Nay to Yea on
the passage of HB 33-A, which passed the House on December
4.


Co-introducer
Representative Wolfson was given permission to be recorded
as a co-introducer of HB 8-A.


INTRODUCTION AND REFERENCE
By Representatives Reed and Rude-
HB 44-A-A bill to be entitled An act relating to taxation;
amending section 208.44(3)(b), Florida Statutes providing that
eighty percent of the seventh cent gas tax shall be expended in
certain counties, and providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Harris-
HB 45-A-A bill to be entitled .An act relating to taxation;
levying an additional one cent (Ic) per gallon tax on gasoline
and other like products of petroleum or other fuel used to
propel motor vehicles; amending section 208.04(1), and (4),
lorida Statutes; amending section 208.08, Florida Statutes, by
adding subsection (4); amending chapter 208, Florida Statutes,
by adding section 208.121- distributing the proceeds thereof to
the respective counties having approved county engineers
wherein said tax was collected and otherwise to the state roads
trust fund; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Harris-
HB 46-A-A bill to be entitled An act amending Subsection
(2) of Section 689.075, Florida Statutes, to provide that said
subsection shall not apply to accounts, deposits, savings
certificates and other arrangements at a bank or savings and
loan association, by one or more persons, in trust for one or
more persons, which arrangement is, by its terms, revocable by
the person making the same, until his death or incompetency;
providing an effective date.



38



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore












JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was placed temporarily in the Committee on Rules &
Calendar.
HB 47-A-WITHDRAWN

Report of the Committee on Rules & Calendar
The following report was read:
The Honorable Frederick H. Schultz December 5, 1969
Speaker
Sir:
Your Committee on Rules & Calendar has approved the
following bills for introduction:
HR 43-A
HB 42-A
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted.

INTRODUCTION AND REFERENCE
HR 43-A-A Resolution commending Gary Eugene O'Neal of
Orlando, Florida.
On motion by Mr. Bothwell, agreed to by the re uired
Constitutional two-thirds vote, HR 43-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The resolution was read the first time by title and placed on
the Calendar without reference.
HB 42-A-A bill to be entitled An act relating to justice of
the peace courts in Pasco County; providing for compensation
of the justices of the peace; amending laws in conflict herewith;
providing an effective date.
Evidence of notice and publication was
established by the House as to HB 42-A.
On motion by Mr. Stevens agreed to by the required Con-
stitutional two-thirds vote, HB 42-A was admitted for introduc-
tion and consideration by the House, the Speaker having ruled
that the measure was not within the purview of the Governor's
call.
The bill was read the first time by title and placed on the
Calendar without reference.

Report of the Committee on Rules & Calendar
The following report was read:
The Honorable Frederick H. Schultz December 5, 1969
Speaker
Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Friday,
December 5, 1969, the consideration of the following bills:
HCR 41-A
HR 43-A
HB 42-A
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman, Committee
on Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.



39



CONSIDERATION OF THE
SPECIAL ORDER

HCR 41-A-A House Concurrent Resolution creating a select
joint committee to study public transportation systems of the
state, and to report its findings and recommendations to the
1970 session of the Legislature.
WHEREAS the Transportation Committee of the House of
Representatives, recognizing the need for a well planned and
efficient transportation system in the State of Florida, on
September 4, 1969, began an intensive study of the operation
of the Department of Transportation and the Department's
suggested plan for Florida's Principal Highway and Street
Systems, 1969-1985, and
WHEREAS the aforesaid Committee was in the midst of its
investigation when it was interrupted by the call of the Special
Session of the Legislature; consequently, the said study has not
been completed, and
WHEREAS this uncompleted investigation has revealed:
1. Numerous unsound administrative and operational
practices;
2. That the fiscal and budgeting procedures of the
Department of Transportation have been severely criticized by
the Auditor General and the Department's own consultants as
being unsatisfactory and not consistent with good or accepted
accounting procedures;
3. That it appears the long range planning of the Department
of Transportation is and has been woefully inadequate to meet
the current and future needs of transportation in Florida;
4. That the local governmental agencies, which are primarily
affected, have not been afforded adequate opportunity for
participation in the long range planning of the Department of
Transportation;
5. That the Bureau of Public Roads of the United States
Department of Transportation has announced a program to
functionally reclassify all roads on the federal systems in 1970,
which will change the primary-secondary status of many Florida
roads, and undertake a twenty year planning cycle, and the
Legislature feels that this federal program and the federal
matching funds contained therein must be incorporated in any
long range plan of the Florida State Department of
Transportation;
6. That the Department of Transportation officials in
testimony before the said Transportation Committee stated that
the Department of Transportation does not have the capacity
or ability to spend additional tax funds even if the monies were
available at this time, and
7. That on June 30, 1969, while the Department of
Transportation had outstanding construction contracts of only
$116,908,000, it had on hand and immediately available for
new construction, funds, which together with anticipated
income for the year would pay for more than twice that
amount, and
WHEREAS the Legislature finds that no new taxes should be
imposed to produce additional revenue for the Department of
Transportation until it is clearly established that the cause of an
inadequate highway system is lack of funds rather than
mismanagement and inefficient operation of the Department of
Transportation, and
WHEREAS members of the Senate Transportation Committee
have been sitting with and assisting the House Transportation
Committee in its investigation, and the Legislature finding that
the study should be expanded into a joint House-Senate inquiry
and the investigation continued to its conclusion in order to
provide a basis for a careful and complete evaluation of the
transportation system of Florida and its attendant problems;
NOW, THEREFORE
Be It Resolved by the House of Representatives of the State of
Florida, the Senate Concurring:
Section 1. There is hereby created a select committee to be
appointed by the Speaker of the House of Representatives and
the President of the Senate from the membership of the



December 5, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 5, 1969



Transportation Committees of the respective Houses. The
committee shall meet as soon as practicable and organize in
such a manner as shall be consistent with the prompt dispatch
of the business of the committee.
Section 2. The committee is authorized to assemble such
data as it deems necessary; to administer oaths or affirmations;
to issue subpoenas to compel the attendance of witnesses and
the production of records and documents as is provided in
Chapter 11 of the Florida Statutes; to hold public hearings; to
employ counsel, experts or other persons necessary to carry out
its duties; to take such other proper and necessary action to
carry out its purposes and objectives and shall have all other
authority, power and duties prescribed by Chapter 11, Florida
Statutes. The various departments of the state, including
particularly the Department of Transportation and the several
counties, cities and other governmental authorities shall upon
request render all possible aid and assistance and shall make
available any and all records, equipment and facilities
reasonably required by the committee.
Section 3. It shall be the duty of the committee to study
thoroughly the needs, cost and administration of all existing
and proposed public transportation systems including public
roads, bridges and highways including primary and secondary
highways, county roads, city streets, mass transit, rapid transit
and all other transportation facilities; state, county and city
needs and desires; federal requirements and participation; state,
county and city contributions and other related problems. The
committee shall lay particular stress on financing local, state
and federal, administration, contract awards, planning, both
long and short range, and such other problems in connection
with roads, bridges, and highways as may become apparent
during the course of the study.
Section 4. It shall be the duty and major objective of the
committee to present to the 1970 regular session of the
Legislature a complete report of the results of the study, and
its recommendations.
-was taken up.
Mr. Arnold moved that the rules be waived and HCR 41-A be
read the second time by title, which was not agreed to by
two-thirds vote.
-and HCR 41-A was read the second time in full.
Mr. Davis, on a point of order, suggested that, since the
concurrent resolution was complex, copies should be made
available to the membership.
The Speaker ruled that the point was not well taken as the
resolution had been read in full.
Mr. Powell moved that consideration of HCR 41-A be
deferred until copies had been distributed to all Members,
which was not agreed to. The vote was:



Earle
Fleece
Gallen
Gibson
Gorman
Grizzle
Gustafson
Heath
James
Jordan


Firestone
Gautier
Gillespie
Glisson
Graham
Harris
Hector
Holloway
Kershaw
King
Lancaster
Lewis
Lindsey



Moudry
Murphy
Nease
Nergard
Poorbaugh
Powell
Prominski
Reed
Reedy
Savage


MacKay
Martinez, J.
Matthews
Melvin
Middlemas
Miers
Mixson
Nichols
Ogden
Pettigrew
Randell
Redman
Renick



Sessums
Tillman, J. K.
Tillman, R. J.
Tyre
Tyrrell
Ward
Ware
Wilson
Wood



Roberts
M. Rowell
Rude
Ryals
Sackett
Shaw
Singleton
Smith
Spicola
Stevens
Sweeny
Tucker
Turlington



Walker
West



Westberry Woodward
Whitworth Yancey



Representatives Baumgartner and Reedy changed their votes
from Yea to Nay.
Representative Lindsey changed his vote from Nay to Yea.
Mr. Rude moved that the House adjourn, to reconvene at
1:00 P.M. today, which was not agreed to. The vote was:
Yeas-33



Bassett
Bird
Bothwell
Clark, David
Crabtree
Davis
Earle
Fleece
Gibson

Nays-65
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Chapman
Clark, J. R.
Craig
Crider
Culbreath
Dixon
Elmore



Glisson Murphy
Gorman Nease
Grizzle Nergard
Gustafson Poorbaugh
Heath Powell
Jordan Prominski
Lindsey Reed
Martinez, J. M. Rude
Moudry Savage



Firestone
Fortune
Gallen
Gautier
Gillespie
Graham
Harris
Hartnett
Hector
Hodes
Holloway
Kershaw
Lancaster
Lewis
MacKay
Matthews
Melvin



Middlemas
Miers
Mixson
Nichols
Ogden
Pettigrew
Randell
Redman
Reedy
Renick
Roberts
Rowell
Ryals
Sackett
Sessums
Shaw
Singleton



Tillman, J. K.
Tillman, R. J.
Ward
Ware
Wilson
Wood



Smith
Spicola
Stevens
Sweeny
Tucker
Turlington
Tyre
Tyrrell
walker
West
Westberry
Whitworth
Woodward
Yancey



The Speaker recognized the Chairman of the Committee on
Transportation, Mr. Arnold, and the chairmen of subcommittees
of the Committee on Transportation, Messrs. Randell, Tyre,
Conway, Holloway and Stevens for reports on inquiries
presently in progress by the Committee on Transportation.
Similarly, Mr. Rude was recognized for a minority report from
the Committee on Transportation. On motions subsequently
made, these reports were ordered spread upon the Journal.


Report by Mr. Arnold

Mr. Speaker, Ladies and Gentlemen of the House:

Two years ago, following the 1967 Regular Session,
Representative Quillian Yancey, member of the Joint
Interim Committee on Roads and Highways, requested of
the then State Road Department a long range needs study
of roads and highways in the State of Florida. Subsequent
to that request, the Road Department undertook the
preparation of what we now know as the 16-year road plan
and presented it to the Legislature last spring. This long
range needs study as I have said, turned into a 16-year plan
purportedly encompassed in a four color brochure. While
considering this plan during the 1969 Session the House
Transportation Committee became aware of many of the
problems which existed in the State Road Department and
pursuant to a motion by Vice-chairman Gibson voted to
undertake an in-depth study of the Department beginning
in the fall of this year.

On September 4 of this year the Committee met, divided
itself into subcommittees and began its investigation. The
more involved the Members became in this study, the more
apparent it became that the Department of Transportation
was indeed in trouble. Five of the subcommittee chairmen



40



Yeas-39
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Clark, David
Crabtree
Craig
Davis
Dixon

Nays-58
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bevis
Brannen
Brantley
Chapman
Clark, J. R.
Crider
Culbreath
Elmore











JOURNAL OF THE HOUSE OF REPRESENTATIVES



will speak to you this morning giving you a prepared report
on the findings of their subcommittees. These findings,
while they are indicative of the situation at the Department
of Transportation, are only preliminary since the
Committee had only begun to scratch the surface when
their study was interrupted by the Call of the Governor for
this Special Session. Immediately upon the Governor's Call,
the House Transportation Committee convened and began
study of bills which would implement the 16-year plan.

The Committee called upon the Governor for his bills
and received them, which bills are practically identical with
the bills the Committee had under study.

The Transportation Committee also invited the
Department of Transportation to again make its
presentation on the 16-year plan. This was done Tuesday
afternoon in the House Chamber so that all Members of the
House who had not done so could avail themselves thereof.

In view of the findings of the Committee and its
subcommittees since September, it was the feeling of the
House Transportation Committee that it could not
conscientiously pass any program or additional taxes until
it had completed its study of the Transportation
Department, and consequently, the Committee adopted
House Concurrent Resolution 41-A as a committee
resolution.

Before I introduce the subcommittee chairmen who will
speak to you, I would like to take this opportunity to
acknowledge the long hours, the hard work, the industry
and imagination of the very fine staff without which this
committee could not function. They are:

Mrs. Catherine Dalrymple-Transportation Committee
secretary.

Mr. Bob Kennedy-Fiscal Analyst, Legislative Service
Bureau.

Mr. John Ward-Analyst, Legislative Service Bureau.

Mr. Charles Brantley-Research Assistant, Legislative
Service Bureau.

Mr. Ron Cole-Research Assistant, Legislative Service
Bureau.

Mr. Red Foster, from the Banks and Loans Committee

The Auditor General and his staff

Mrs. Mildred Starr-Higher Education Committee
secretary.

Mrs. Geraldine Balthaser-Retirement & Personnel
Committee secretary.

Mrs. Pat Turner-Fiscal and Budgeting Subcommittee
secretary.

Mr. Bryan Henry-Staff Counsel.

And we are certainly grateful to Mr. Dave Kerns, Director
of the Service Bureau, for making available to us his staff
whom I have mentioned in spite of the heavy demand upon
him and his Bureau.



And now, Mr. Speaker, I would like to call upon
Representative Ted Randell, Chairman of the Subcommittee
on Contracts Administration, Construction and
Maintenance.



Representative Ralph Tyre, Chairman of
Subcommittee on Administration, Purchasing
Personnel.



the
and



Representative William Conway, Chairman of the
Subcommittee on Consultants.

Representative Vernon Holloway, Chairman of the
Subcommittee on Fiscal and Budgeting.



Representative Tommy Stevens, Chairman of
Subcommittee on Utilization of Funds, Planning and
16-Year Plan.



the
the



Copies of these subcommittee reports have been made
available to you, and I hope that you will take them and a
copy of this resolution home for further study.

Mr. Speaker, I would also like to introduce all of the
other members of our Transportation Committee who have
worked so diligently and given so unselfishly of their time
and efforts.

Rep. William Gibson, Vice-chairman of the Committee
Rep. Ted Alvarez
Rep. Bob Brannen
Rep. Paul Danahy
Rep. Roy L. Hess
Rep. Wayne Mixson
Rep. William Powell
Rep. Dick Renick
Rep. Arthur Rude
And: Rep. Quillian Yancey

And now, Mr. Speaker, I am sure that you and all the
other members of this body realize what a great mistake it
would be to, at this time, impose additional taxes upon the
people of the State of Florida, and I hope that you will
join with the House Committee on Transportation in the
adoption of this resolution.

Report by Mr. Randell

Mr. Speaker, Ladies and Gentlemen of the House:

Your Transportation Sub-committee charged with the
responsibility of examining the administration of contracts
let by the Department of Transportation has endeavored to
evaluate the ability of the Department to properly and
efficiently dispense construction and maintenance monies
throughout the Department's system.

Perhaps it would be proper to say that the work of this
Sub-committee was less than at midpoint when the
legislative special call was made. The continuing work of
this Committee is of the utmost importance if the
Legislature and the People of Florida are to know the facts
concerning the vital question of efficiency and sound
administration of the Department where the real money is
spent.

The Sub-committee devoted much time and effort in the
First and the Fourth Department Districts, these being the
lower west and east coasts respectively. In the Fourth



December 5, 1969



41











JOURNAL OF THE HOUSE OF REPRESENTATIVES



District we observed irregularities and waste in the
administration of contracts.

Let's take a few specifics: Alligator Alley with which you
are all acquainted, at least by name, sustained the largest
loss which had ever been suffered by the Department of
Transportation in a legal judgment. The contractor was
awarded a $300 thousand judgment because of an error
made by the Department in its plans.

Still another error for which the Department appears to
have brought about through erroneous plans and
specifications was a claim in excess of $666 thousand has
been taken to court by the contractor who held the
contract for the interchange at Miami LeJune Road and the
East-West Expressway.

Still a third incident of significance in this Department
district is the guardrail construction matter in Collier
County. Loose procedures by the Department in
questionable change order procedures has resulted in a
court suit and a year's delay in the construction of this
vitally needed protective guardrail along the Everglades
Tamiami Trail.

Moving over to the First District, the Sub-committee
observed the pathetic loss of primary construction trust
funds which must now be diverted to correct an
engineering error for which the Department is totally
responsible. This error, commonly known as "the crack in
the bridge" is estimated to divert some $3 million from
primary trust funds to the Sunshine Skyway Bridge.

In both the First and the Fourth Districts we have found
highway maintenance in critical condition. Turnover in
personnel in many cases runs in excess of 100% per year
and under existing conditions required maintenance is not
and cannot be carried out.

There is much work yet to be done if the Legislature is
to obtain a true picture on the vital subject of
administration of contracts with the Department. For
example, we have discovered that there presently exists 574
existing contractors with the Department. Among these is
one contractor alone that has 39 contracts amounting to an
estimated $38 million. The committee has noted many such
contracts are at a virtual standstill.

Now to truly evaluate the efficiency of administration of
these contracts we must have time to examine and evaluate
the functioning of these contractors and the degree of
supervision by the Department.

It would appear prudent for the Legislature to afford the
Committee on Transportation the opportunity to continue
and finalize the work it has started before we should
consider asking more tax dollars from the people in support
of what appears to be a sick department.

We ask our colleagues to support us in this resolution and
allow the Legislature to pursue and conclude what must be
done.

Report by Mr. Tyre

Mr. Speaker, Ladies and Gentlemen of the House:

The subcommittee chaired by myself and composed of
Representatives Alvarez and Rude, was and still is charged



with the responsibility of looking into the administration,
purchasing and personnel operations of the Department of
Transportation.

Our task was one of educating ourselves about these
matters as well as taking an unbiased and empathetic view
of all the data available and that- which we generated. We
have had before our subcommittee, Mr. Cashin, the Chief
of Administration; Mr. Pelham, Chief of the Department of
Personnel; and Mr. Lawrence Thomas, Chief of the
Procurement and Distribution Bureau of the Department of
Transportation. Their purpose was to inform us of their
current procedures and methods of operations.

A special subcommittee was appointed to investigate the
102 inch vehicle controversy which we had developed
during the first stages of the committee's work. Senator
Lee Weissenborn chaired this subcommittee with Senator
Joseph McClain, Jr. and Representative Ted Alvarez as
members.

Mr. Robert Langford, Chief of Contracts Administration,
Department of Transportation, and former Assistant
Secretary-Treasurer and Comptroller of the Turnpike
Authority, appeared before the subcommittee upon my
request. There was some controversy over the purchasing of
tires for the Turnpike Authority. This controversy was a
possible "conflict of interest" since Mr. Michael O'Neil was
also a member of the Turnpike Authority and a State Road
Board Member with an interest in the General Tire Service
Company.

The staff, procuring a copy of all purchases of tires both
from Firestone and General, proved there was a 4/1 ratio,
General to Firestone, of purchases made during the fiscal
year 1968-69. This testimony and material was turned over
to the Senate Transportation Committee for their use in
the matter of their confirmation of Mr. O'Neil as Secretary
of the Department of Transportation.

Mr. N. D. Green, President of Florida Department of
Transportation Employees Local 1420, appeared and
presented some of the current, critical problems which his
members are faced with. There was considerable discussion
between Mr. Green and Mr. Pelham concerning personnel
grievances. The result of the discussions was suggestions that
there be:

1. Better supervision in the field

2. Better communication between the Tallahassee office
and Field offices

3. A more workable and effective grievance procedure

The subcommittee composed a questionnaire which was
sent to a random selection of some 200 employees of the
Department of Transportation. All districts plus the
Tallahassee office employees were included in the mailing of
this questionnaire. We have a 48 percent return and are well
pleased with this effort. You can recognize the necessity of
keeping some of this material confidential, however, certain
trends are evident and should be brought out. Districts II and
III appear to have a number of problems which we intend to
check into further.

I am distributing to you copies of this questionnaire
together with all other reports which will benefit you in your
conceptual view of the work done in the Committee.



42



December 5, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Crabtree raised the point of order that under Rule 12.1
when any Member desires to speak before the membership, on
being recognized, he shall confine himself to the question under
debate, avoiding personality.

The Speaker ruled the point not well taken in that the
subcommittee chairman was reporting the findings of the
subcommittee to the membership.



Report by Mr. Conway

Mr. Speaker, Ladies and Gentlemen of the House:

The subcommittee was charged with the responsibility of
investigating, studying, evaluating, and making
recommendations on the handling and operation of
consulting contracts.

Conditions

Investigation shows that the DOT's weakness is primarily
within the operation or the administration of the DOT. The
weaknesses discovered are:

1. Specification of contracts by DOT generally
incomplete, poorly written, with little specific
responsibility.

2. Length of time of contracts are permitted up to five
years.

3. Too many change orders result in increased length of
contracts and higher costs.

4. No guarantee of performance in contract terms for
errors, omissions and incomplete contracts.

5. Inadequate support by DOT for information required
by its own Department to its consultants. Example: soil
analysis, test borings up to six months late.

6. Legal Department has delayed effective dates up to
four and five months.

7. Poorly written contracts and/or supervision leads to
other unsatisfactory procedures. Example: PM&M billed for
one project for $35,143 on 9-15-69 .PM&M signed the
contract two days later.. .DOT issued a voucher for
payment five days later.. .Comptroller paid voucher for
complete contract in full three days later, or September 26.

The terms or work required in this contract was not
completed on October 7, according to testimony of Mr.
Wolf, partner of PM&M, as testified in committee.

Cost Analysis

Because of the poor record keeping, lack of adequate
analysis by DOT, it is impossible for our committee at this
time to make a factual comparison between in-house
engineering vs. private consultants.

PM&M reported on page G-11 "Gathering and developing
accurate data for this project for SRD's accounting system
and the inaccuracies of the data recorded in the system."

PM&M's report stated the cost for engineering by the
DOT should be approximately 3.0% as compared to 5.2%



43



by private firms. Our subcommittee has little confidence in
the PM&M report. The important issue before us is that we
insist on adequate and accurate record keeping according to
good accounting procedures and that the legislature, as well
as the Executive Branch, be informed.

Outside Consulting Contracts

DOT admitted in testimony that 50% of existing contracts
are now late; an analysis on 1-10, for example, showed that
as of 9-1-69 7 of 20 contracts were on schedule, but only
because of 2 to 3 time extensions; 8 of the 20 were then
delinquent and only 2 had applied for additional
extensions.

Construction Funds

The legislature has been given a factual report by Ernest
Ellison, Auditor General, showing $183,457,613.34 over
and above all liabilities as of June 30; this has been reduced
to approximately $73 million as of 9-1-69. This money is
available for contracts as soon as the necessary work is
completed.

Mr. Curren J. Schenck, Assistant State Highway Engineer
for Planning and Engineering, stated on November 18 that
the necessary engineering work, acquisition of rights of
way, etc. prevented additional contract letting at this time.
He stated that they were just about up to their necks in
trying to turn out plans and that insofar as their capacity
to spend additional money, it was obvious that if $50
million was dumped in their lap, they could not spend it.

Conclusion

We are aware of the urgent need for road construction,
but have determined on the basis of testimony and
evidence submitted to the committee that additional money
at this time could not be used efficiently and would not
speed up the contract letting process as DOT cannot exceed
its present capacity.


Report by Mr. Holloway

Mr. Speaker, Ladies and Gentlemen of the House:

As Chairman of the Fiscal and Budgeting Committees of
both the House Transportation and Appropriations
Committees, I am pleased to have this opportunity to
present to you a brief resume of our findings to date.

This subcommittee is charged with the responsibility of
objectively investigating and studying the fiscal and
budgeting procedures of the Florida Department of
Transportation, and if necessary, making recommendations
which would incite legislation to change current procedures
and provide more efficient and economical administration
of the Department.

Information was requested of the Comptroller's office,
the Budget and Planning Division of the Department of
Administration, and the Department of Transportation.
Hearings were held at the Department of Transportation
Building during which many members of the Department's
staff were interviewed. The resulting information, compiled,
is expected to enable us to make a fair and comprehensive
study of the fiscal and budgeting procedures of the
Department of Transportation.



December 5, 1969











44



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Obtaining this information and holding these hearings on
a part-time basis was estimated to be accomplished in
approximately six months, or at least no later than the
convening of the 1970 regular session of the Legislature.
However, time was rapidly consumed by virtue of the fact
that in many instances, information which was known to
exist and should have been available to assist us in
evaluating a situation or procedure was not volunteered,
and was forthcoming only upon specific questions or
requests. These delays, along with the interruption by the
Call of this Special Session has necessitated our submitting
an incomplete report to you at this time. Nevertheless, I
am prepared to bring to your attention some of the facts
which I feel will help you in making your decisions
regarding the alleged emergency funding of a long-range
transportation plan.

The incomplete investigation has revealed:

1. Numerous unsound administrative and operational
practices in the Department of Transportation.

2. Fiscal and budgeting procedures of FDOT have been
severely criticized by the Auditor General and Peat,
Marwick and Mitchell as unsatisfactory and inconsistent
with accepted accounting procedures. The following are
excerpts from the Legislative Auditor's Report of June 30,
1967, on the State Road Department, this being the most
recent completed report:

a. We have examined the accounts and records of the
State Road Department of Florida for the fiscal year
ended July 30, 1967. Our examination was made in
accordance with generally accepted auditing standards,
and accordingly included such tests of the accounting
records and such other auditing procedures as we
considered necessary in the circumstances.

Numerous serious deficiencies existed in the accounting
records and in internal control as enumerated fully under
the heading RECORDS AND INTERNAL CONTROL. We
made audit adjustments when practicable, but because of
the magnitude of the exceptions, the lack of control and
the departures from generally accepted accounting
principles for which adjustments were not practicable, we
are precluded from expressing an opinion on the overall
financial statements.

b. Our review disclosed a number of instances of
noncompliance with legal requirements and good business
practices and weaknesses in internal control. Records
were not adequate and several instances of departures
from generally accepted accounting principles were noted.

c. Cash and accounts receivable were materially misstated
on the records. The cash reconciliations contained
numerous items, some of which were material in amount,
which were not actually reconciling items but were items
for which the books should have been adjusted. We made
audit adjustments totaling approximately ten million
dollars in order to more correctly reflect the cash
position at June 30, 1967. These adjustments were
necessary because the State Road Department failed to
record certain gas tax monies (cash) received in June
1967 until July 1967 and also failed to record interfund
transfers applicable to June 1967 until July 1967.

d. No listings of a physical stores inventory were
available during the audit period and therefore it was not



December 5, 1969



practicable for us to satisfy ourselves as to inventories
using alternative audit procedures as we have done in the
past.

e. Approximately $4,000,000 of accounts payable were
unrecorded at June 30, 1967, and it was not practicable
for us to make necessary adjustments therefore.

f. Highway maintenance project cost records were not
kept. Maintenance costs were accumulated on a function
and county-wide basis only, and maintenance project
costs could not be established.

3. In making a ten year comparison we find, for example
administrative cost for the year 1959-60 to be
$5,589,558.41, as compared to the 1968-69 cost of
$12,135,695.14, or more than twice the 1959-60 cost. Yet
the construction performed for the same years was
$133,463,448 for 1959-60, and $151,319,087 for 1968-69,
or an increase of only approximately 11%.

4. That on June 30, 1969, the Department of
Transportation had on hand cash and investments of
$183,457,613.34 in excess of its current liabilities and
required reserves, which sum, together with anticipated
income for the year, would be sufficient to pay for more
than twice the construction contracts of $116,908,045.24
outstanding at that date.

5. That on June 30, 1969, the closing statement
furnished to us by the Fiscal Bureau of the Department of
Transportation showed an unencumbered balance of
$42,010,330 in the Bond Trust Fund, and also
$40,559,972 unencumbered in the Secondary Trust Fund.

6. We were also told by the Chief of the Fiscal Bureau
of the Department of Transportation that more than
$19,000,000 was available unencumbered in the Primary
Trust Fund.
7. Further indications are that more than $19,000,000 of
federal funds have been frozen in Washington funds which
could have been previously received or allocated for use by
Florida had proper planning been effected.

8. A more current summary of cash and investments of the
Department of Transportation as of October 31, 1969 reveals
total cash and investments of $202,915,735.42, while the
total overrun of contracts, as attested by the Department of
Transportation Status of Contracts of that date reveal
$135,826,205.00, or in other words, the Department of
Transportation could have paid all outstanding contracts as of
that date, and still carried a cash and investments balance of
more than $67,000,000.

9. Total Primary funds available (Cash and investments less
current liabilities) totaled 7.8 million dollars at June 30,
1964, whereas the encumbrances in the Primary fund
amounted to 88 million, or a ratio of better than 11 to 1. At
June 30, 1968, the comparable ratio was 1.5 to 1, or in other
words, less and less road construction is being accomplished
as compared to that which could have been.

And now, without taking more time of the House
elaborating on specifics, I would like to recommend the
following:
I. The Department of Transportation was partially
reorganized July 1, 1969 (only five months ago), and is in
the process of further reorganization at this time. It is











JOURNAL OF THE HOUSE OF REPRESENTATIVES



believed that more time should be allowed for the
reorganization before the accounting procedures will be
improved, or that more funds could be efficiently
administered.

II. Since the major portion of the Department of
Transportation budget is a lump sum appropriation
amounting to more than 300 million dollars annually, and
since it is disbursed at the sole discretion of the Department
of Transportation, serious consideration should be given to a
more thorough line item scrutiny of the operational, as well
as the administrative budget of the Department of
Transportation.

III. That the study and investigation of the fiscal and
budgeting procedures of the Department of Transportation by
the Legislature should be allowed to continue, so that a more
complete and detailed report can be made.

IV. No new taxes or fees relative to road funds should be
levied until it has been conclusively determined that the fiscal
procedures of the Department of Transportation are adequate
and capable of administering the same.


Report by Mr. Stevens

Mr. Speaker, Ladies and Gentlemen of the House:

This subcommittee was constituted to study a proposed
16-year road plan drafted by the Department of
Transportation at the request of the committee on
transportation. The committee had asked the old Road
Department to prepare a 5-year plan and a long range plan.
We originally assumed that this was in answer to this
request and proceeded with our analysis along five general
lines.

1. A study of the overall concept as presented to us.

2. Its impact on the urban areas which vary from place
to place.

3. As to how it would affect the orderly growth of those
cities in Florida not included in the plan, the emerging
cities and those areas of possible growth in the near future.

4. The proposed method of financing and the possible
need for additional tax revenues.

5. In the light of the proposed seventy-five-twenty-five
formula we tried to determine the ability and willingness of
local units to participate and contribute the matching
funds.

Early in October, with no preconceived opinion, and with
staff assistance, we prepared questionnaires in an attempt
to determine some of the answers.

The complete text of these questionnaires you will find
in the material which was placed on your desks.

These are the questions we asked of the 187 cities and
counties who are included in the 16-year plan. These cities
and counties were the ones on the mailing list supplied to
us by the Department of Transportation.

Of the 187 questionnaires sent to the cities and counties
involved in the proposed 16-year plan, only 57 have been



45



answered and returned as of this date. The following is a
brief analysis of the answers:

Twenty-nine of the 57 cities (or counties) did assist in
developing the proposed plan; however, 22 did not help
select the principal roads and streets in their area. Seven
cities said public hearings were held in their area prior to
the publication of the plan, while 19 cities said NO public
hearings were .held until after the plan had been published
with the project lists. Twenty-eight of the 39 cities said no
hearings were held either before or after the publication of
the plan.

Thirty-eight cities approved of the suggestion in the plan
of state aid to counties and cities for county and city
streets, while 12 did not approve. The amount of this state
aid is 75 percent of right-of-way and construction costs
which 33 approved and 17 felt this was insufficient since
they have fewer sources of revenue than the state (DOT)
does. Twenty-five of the cities (counties) approved of the
method of selection of state aid projects for inclusion in
the Principal Highway and Street System, while 24 rejected
such method. Thirty voted to return the completed state
aid projects to the county or city for maintenance, while
19 felt they could not maintain these projects due to
unavailability of funds.

There are three proposed methods of funding the plan:
adding two cents to the current seven cent gas tax for a
total of nine cents in state taxes per gallon; using the
motor vehicle license taxes; and adding one cent to the
gasoline tax and supplementing this with the motor vehicle
license taxes or by bonding the plan. Twenty-two favored
the addition of two cents to the gasoline tax while 26
rejected this method. Five favored using all the motor
vehicle license tax with forty-three opposing this idea.
Fifteen favored the one cent increase in gasoline tax
supplementing it with the motor vehicle license tax and 33
rejected this plan. Six favored bonding while 41 opposed it
and four had other ideas for funding the 16-year plan.

Twenty of the 46 cities (counties) said they would enter
into an overall memorandum of agreement with the
Department of Transportation covering the state aid
projects in their jurisdiction with 26 refusing to agree with
the Department of Transportation. This agreement included
accepting the state aid projects as published by DOT,
agreeing to contribute 25 percent of the cost of
improvements on state aid projects and accept the return of
improved projects and assuming maintenance cost and
responsibility.

Ten of the cities (or counties) said they had their 25
percent matching funds either available or would have them
for the state aid projects in their jurisdiction scheduled for
construction through 1985. Thirty-seven said they did not
have their 25 percent nor was it to be available within the
foreseeable future. Thirty-four cities (or counties) have no
resource available to relocate or move their existing utilities
which some urban projects may require with 14 saying
theirs would not be affected or that they have the funds
available. This expense will be in addition to the required
25 percent matching and four said they could financially
afford to move the utilities but would not have their 25
percent share of construction and rights-of-way costs.
Seventeen favored some other method of allocating or
administering any additional state funds made available to
aid in building urban highways and streets while fifteen
favored DOT's suggestion.



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While our returns to date represent just under 30 percent
of the total, they, nevertheless, showed some disquieting
trends.

Less than one in four would agree to enter an overall
agreement with the Department of Transportation.

Only ten said that they had their 25 percent matching
funds under the formula. This is less the 20 percent, about
one out of six.

More than 59 percent had no financial resources available
to relocate utilities as provided in the formula. Altogether,
the picture we received from these returns was not apt to
inspire confidence in the plan.

It is our hope that each member of this house will take
the time to personally study these questionnaires and the
returns for himself together with all the other material.

There are 275 additional cities in the state not affected
by the plan. You will realize that, although they are not
affected by the 16-year plan, all of them will be called
upon for additional contributions in the form of any new
taxes. We felt that they too should be considered.

To these cities we sent another questionnaire to
determine their problems. To date we have received only
22 percent replies. Even this small number reveals that
many of them have urgent needs. They have no available
funds and they must be considered if we are to have any
complete plan for Florida's transportation problems.

During the time we were determining some of the
committee's particular objectives we discovered that one of
the very basic shortcomings of the proposed plan was the
haste with which it was assembled. This fact has been
stated and debated many times. I would like to read to you
one of several letters which are part of the committee
records. This one letter alone should clear up any
misleading statements and we have other letters to support
this one. This letter is dated June 27, 1968. A
memorandum from Ray L. L'Amoreaux to eight employees
of the Department of Transportation on the subject of
Highway Survey Teams relative to Principal Highway and
Street Needs Study, and I quote:

"This is to appoint you to serve as a member of a
highway survey team responsible for visiting several urban
areas over 10,000 population in an assigned District. Your
meetings with the local city and county governments, and
planning agencies, are for the purpose of defining and
detailing the principal highway and street networks, and the
improvements needed to serve these cities for the years
1969-1985.

"In addition to your services, the District Engineers have
been asked to assign one or two engineers to complete your
survey team.

"You are requested to pair off and serve in District Areas
as follows:



First District John H. DeWinkler
B. R. Harris

Second District James A. Hayden
and Third District E. V. Andrews, Jr.



Fourth District -


Fifth District -



Wesley A. Millard
Hugh M. Hyde

Mikal Watnee
F. J. Fearnside, III



"Each team is directed to initiate its survey according to
the following general schedule:



July 1-3



-Establish tentative schedule of visits.

-Review and/or develop preliminary highway
and street networks for assigned cities.

-Assist in preparation of uniform check list
on data needed.



-Contact District
associate team memb



Office to determine



-Forward to cities preliminary highway and
street networks.

-Contact several cities for early meeting
dates.

July 8-12 -Travel by State Car to cities under study
by prearranged schedule.

-Report in person, writing, or by phone, as
time and distance permits experiences of
initial visits.

July 15-19 -Complete visits, if possible, by going to
smaller areas in pairs rather than with full
team. This may be possible, depending on
experience of first week.

-Submit to Carl Huff each city networks
when team feels information is in order.

July 22-26 -Complete any remaining visits.

-Finalize, in cooperation with District
Office, Carl Huff, and Chas. Kubie, needed
projects, including costs for construction
and right-of-way.

-Summarize all facts, in writing, by city,
county, and District.

"If we are to accomplish this work within the required
time limit, it is essential that you carefully define and seek
data on the "principal" highway and street networks of
these cities. To appreciate this fact more, I remind you that
the arterial city streets and county roads included in the
particular urban network should functionally qualify for a
possible assignment to a broader state primary highway
system, or a new state-aid system.

"Your enthusiastic service and cooperation is needed to
complete this project. I am confident you will perform
well."

Every member of this Legislature will recall that this plan
was presented to us at the organizational meetings in
November of 1968. It is apparent from these dates that
approximately four months were all the time spent in
putting together a plan to spend 7.9 billions of dollars and



46



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a plan so tremendously important to every section of
Florida.

While we could cite many areas which were studied
insufficiently it might be well to point to one glaring
example. Disneyland! I am sure everyone of us here is well
aware of the tremendous traffic this project will generate
when it opens in 1971. The following table and comments
are from an independent study made by DeLeuw, Cather &
Co.


TOTAL PROJECTED TRAFFIC ON EXISTING HIGHWAYS
(VEHICLES PER DAY)

1971 1976 1981 1991



Interstate 4, East
Interstate 4, West
State Road 530, East
State Road 530, West
State Road 535



37,860
21,060
10,520
6,500
11,000



61,500
29,600
16,400
9,200
14,000



93,000 150,000
41,000 65,000
25,000 40,000
13,000 20,000
18,000 31,000



The present capacity of Interstate 4 (East) is
approximately 50,000 vehicles per day. As you can see
from the table, this capacity will be exceeded before
1976. There appears to be a point in time when six
and even eight lanes will be inadequate. The planned
improvements on State Road 530 (four lanes) should
be adequate if appropriate zoning controls are
implemented. As far as we know there are no planned
improvements for State Road 535. The present two
lane facility will be above capacity by 1971.

Is there one of us who would not agree that this area
would need careful study if we are to keep pace with
growing needs. Now would you believe it if I told you that
there was not a single road on this list even mentioned in
the 16-year plan. Would you believe it if I also told you,
that even today, there isn't even a study under way to
project these road needs. It will be at least a year before
the Orlando Transportation Study Update will be
completed and it is this study that will include Disney-
world.

Is there anyone who would call this careful planning?

This is only one example of the lack of foresight which
repeats itself many times in the 16-year plan. So much for
the preparation of the 16-year plan.

In addition to the actual roads conception there is the
matter of finances.

This plan, as presented, states that there is an emergency
and requests us to place additional taxes on the people to
take care of this so called emergency.

On June 30th of this year 1969, the Department of
Transportation had on hand cash and investments of
$183,457,613.34 in excess of its current liabilities and
required reserves. This sum, together with anticipated
income for the year, would be sufficient to pay for more
than twice the construction contracts of $116,908,045.24
outstanding at that date.

Does this sound like a financial emergency? You will have
to judge this, but to me it would appear to be frivolous to
cry emergency when the Department of Transportation is
only using half of its available funds.



From the beginning of its research, this committee has
been faced with conflicting figures and interpretations of
figures. The statement just made is based on the auditors'
figures and is absolutely accurate.

Another problem is the fact that the Federal Bureau of
Roads will presently institute a functional reclassification of
the roads in the state. In many cases this will mean that
roads which are presently classified as primary may be
reclassified as secondary and vice versa that roads which are
presently classified as secondary may be reclassified as
primary. Since the counties are responsible for the
maintenance of the secondary roads, in many areas, this
may throw an additional burden on local funds and add
many miles to the county secondary system. It is
impossible with the data available today to judge the fiscal
impact of the proposed functional reclassification of roads.
While in some counties the bulk of the reclassification may
relieve the county of secondary maintenance problems; in
others it could well result in a large addition of secondary
roads. This also in turn may affect the determination of
which road or roads might be included in each of the three
phases of the 16-year plan.

It might be well to point out that the present allocation
of federal funds expires in 1974 and the federal tax
implementing these allocations also expires. It would be
impossible for anyone to determine what effect this might
have on the total available federal funds for the state
subsequent to 1974. The 16-year plan anticipates federal
contributions of 2.3 billion dollars during the life of the
plan. This approximates 144 million dollars per year in
federal contributions. Whether or not this is realistic
beyond the year 1974 is once again a factor impossible to
determine at this time, yet one which could affect the
projected plan considerably. It is also interesting to note
that in the year 1966-67 federal contributions totaled
$80.8 million and that in 67-68, the total federal
contribution was $79.1 million, and that in 68-69, those
funds further decreased to $70.9 million. These figures
when opposed to the estimated figure of 144 million during
each year for the life of the 16-year plan do raise a
question as to the validity of the figure.

It is apparent that any long range planning must include
such areas of uncertainty. It would seem obvious that such
areas should be reduced to as small a factor as possible
when it is considered that we are dealing with a very
probable increase of taxes to provide our share of the
necessary road building funds.

The amount of secondary gas tax obligated by bonds, by
county, has not been determined. The critical area of the
16-year road plan involves matching funds. The matching
funds required from local agencies anticipates the secondary
gas tax as a major source.

At this time, we do not know the actual amount of
unencumbered revenue from this source.

The latest projections we have from the Division of
Planning and Budgeting indicates that a one cent gas tax
will produce approximately 40 percent more than the
amount projected by Coverdale & Colpitts (the projections
used by DOT in the 16-year road plan).

This means that one cent under the estimate of the
Division of Planning & Budgeting would produce well over



December 5, 1969



47











JOURNAL OF THE HOUSE OF REPRESENTATIVES



900,000,000 during the 16-year period, compared to the
$666,000,000 projection used in the 16-year plan.

Using the projection of the Division of Planning &
Budgeting for the four cent primary tax we find that it
would produce more than $3.6 billion during the 16-year
period compared to slightly more than 2.6 billion used in
the 16-year road plan. This results in a difference of over
one billion during the 16-year period.

A gap of one billion dollars represents a tax gap of one
billion dollars that may or may not have to be filled.

With such a wide variance in estimated revenue, it would
be very foolish for the Legislature to enact any long range
road program involving new taxes until there is agreement
on what revenues will become available from present
sources.

I have outlined to you some of the problems inherent in
the proposed 16-year Road Plan or any long range road
plan for that matter. These problems are sufficiently critical
and numerous to require that we complete a thorough
study of this plan and Florida's total road and street needs,
including available State and Local revenue prior to final
Legislative action.


Mr. Crabtree raised the point of order that debate should be
limited to 10 minutes per side during a special session.
The Speaker ruled the point not well taken, that all sides
would be given ample time to debate.
Mr. Sessums moved that the reports given by Mr. Arnold and
the subcommittee chairmen be spread upon the Journal, which
was agreed to.


Remarks by Mr. Rude

Mr. Speaker, I thank you for the time. I'm sure you
realize that this report will not be as well put together as
some of the others because, unfortunately, when you are a
member of the minority you don't always know what
"play" the quarterback's going to call, so it may be a little
fragmented, but I assure you that what I present to you
here today will be factual and documented.

Mr. Speaker and Members of the House, I think it's
unfortunate that although the committee, by unanimous
vote, started with the purpose in mind to launch on a
program of constructively studying the Department and
making recommendations to improve procedures and
methods . and we all know that certainly any
organization of the size that the Department is can
certainly stand some reorganization and some
improvement ... They recognized this fact when they asked
Peat, Marwick and Mitchell to make the study on their own
behalf, but it would be this member of the Minority's
opinion, and I believe the other two members, that the
committee has allowed itself to stray to politically greener
pastures and to, thereby, degenerate into what has been
called a "witch hunt" which by innuendo or lack of study
direction or perhaps out of political animosity time after
time situations were raised and the truth pursued short of
the facts to a point where, by suggestion, innuendo or
verbal footwork, the truth was subverted due to political
consideration. This report will attempt to fully develop the
facts... as much as are available to me at this short
notice... to a proper conclusion rather than stopping short



of a purposefully misleading statement, and to this end,
offers wherever applicable, documentation. It is also
thought best to, in this report, insofar as is possible due to
overlapping studies by the subcommittees, confine its
pursuits to the fields plowed and already re-plowed in
subcommittees and areas of involvement within the five
committee responsibilities.

It's obvious that there are Members in this Legislature
who intend to scuttle any 16-year plan and I believe their
efforts would have to be in several categories. One of them
would be to present this plan as one that's hastily
conceived. I ask you to look at the date of the publication
of the Principal Highways Book, 1968. I've had it for two
years. I've studied it for two years. I don't know what
some of the other Members of this House were doing for
homework, but I've read it and digested it and I suggest
that if you come from an area that's got a traffic problem
you should have done the same.

There are also going to be efforts made now and in the
months ahead to discredit the Department. We all know
what happened under a previous investigation, and it is my
opinion that unless we stop short of what we've been doing
in carrying out this resolution that we're going to do
damage to the Department that will never be repaired. Mr.
Speaker, the statement was made that there were some two
hundred and eight million dollars well, the statement was
made that there were one hundred and eighty-three million
dollars of excess funds in the Department of Transportation
in their bank account at the end of June. Now I'd like to
first of all explain to you gentlemen in the House that
there's a difference between encumbered funds, earmarked
funds, pledged funds or call it what you will, but the truth
of the matter is that when talking about seventy-three
million dollars being available, it just ain't so. Now let me
go down the list that you've heard today I think from Mr.
Holloway of one hundred and eighty-three million dollars.
This report I have is the one he referred to there were
two hundred and eight million dollars available in cash and
investments on June 30, 1969, available in the Department.
Of that amount... Mr. Speaker, I think this is important
enough for everybody to listen ... they may have to
answer to this when they get home someday... of this
amount pledged to contracts the accountants like
attorneys have a special language. Now this they call
"encumbered." Encumbered means that you've already
signed the contract for this amount and you have to pay
for it now. Out of these contracts there were forty-eight
million dollars signed to interstate, primary, secondary, and
toll road bond projects. Signed! This is money that the
state owed because they made a contract agreement. Also
secondary and bond money can't be cash flowed. Note
that. You can't cash flow this amount! There were
matching funds for federal aid contracts "let to project" of
forty million dollars. Encumbered cannot be cash flowed -
encumbered, that's the word!

Reserved by statute for contingency requirements five
million dollars. The total of that forty-eight, forty, and
five . and I'm not messing around with pennies now,
gentlemen. We're talking about a total of ninety-three
million dollars of the two hundred and eight million that
was encumbered. Now you've been led to believe that all
the rest is something that Jay Brown, Mr. O'Neil and John
Cashin can go out with and just buy whatever they choose
to and this just ain't so! Twenty four million dollars was
set aside for Department supervision of contracts that had
been let in order to do the right-of-way supervision and



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JOURNAL OF THE HOUSE OF REPRESENT



inspection... the part that the Department has to
undertake in administering and supervising these contracts.
Now we've got ninety-three million and twenty-four
millions of dollars of federal projects matching funds that
had to be on deposit.
Projects not let to contract ...

There were seven million dollars "earmarked" for future
federal participation.

Bond funds...
You gentlemen passed a constitution that would have
given bonding some problems so in order to get around
these problems these bonds were validated first and the
money is sitting in the coffers down at the bottom of the
hill. However, this is money that can't be played around
with! This is money that you are paying five per cent
interest or thereabouts on and receiving seven per cent in
interest. It's not a bad business deal and I agree that the
Department of Transportation is not a bank, but I submit
to you that the reason that these bonds were sold "early"
was to avoid this constitutional question. This is validated
bond money earmarked by law to a specific bond project
sold early to prevent the possibility of a constitution-
al problem with the adoption of the new constitu-
tion . thirty-seven millions. I'll add these up for you
gentlemen later in case you have trouble with the addition.

County trust funds...

Secondary projects escrowed because the counties
accumulate funds for larger projects or for other reasons.
This is money that belongs to the county that the
Department of Transportation keeps in their trust account.
It's only brought out or it's only spent upon resolution of
the counties. It doesn't belong to the Department to spend
just any old way they please! . .Thirty million dollars!

Now if you take ninety-three, twenty-four, seven,
thirty-seven and thirty million and add it all up you end up
with one hundred and ninety-one million dollars. If you'll
subtract one hundred and ninety-one, from two hundred
and eight million you'll end up with seventeen million
dollars. This is the amount of money that was
"unencumbered," "unearmarked," "unpledged." Available!
This is about a month's letting! Frankly I think this is not
too bad. Now admittedly, and I'll admit this, there is, but
not to the extent that the opponents of this plan would
have you believe, a one-shot/one-time "cash flow
possibility" within this compilation but it's not anywhere
near a hundred million dollars we're talking about fifteen
million or perhaps a little more. Lest the House think that
it's only the House Minority position that this investigation
degenerated into something besides just a good constructive
study of the Department, I'm going to read a letter from a
Senator without reading his name because I don't want to
embarrass him but I tell you first of all that he's from the
Majority party. He's taken a very active part in the road
problems in the State of Florida and I suggest that you talk
to him. He may know something about the 16-year plan.
He wrote this letter... You want me to tell you his name?
It's in the committee minutes, I might just as well...

I have in my possession a letter ...



"FROM: SENATOR RALPH R. POSTON



"SUBJECT:



TIVES 49

TRANSPORTATION HEARING -
TALLAHASSEE October 22, 1969



"The recent hearing conducted in Tallahassee on
October 22, 1969, has me very much disturbed and
concerned. Our purported purpose was to call witnesses
to determine whether there had been undue political
influence exerted on individuals doing business with the
State. We had chosen to invite nine engineering design
organizations (I am not sure who chose the nine, or
how we arrived at the decision to invite engineering
design firms). As I understood it we were seeking
information."

I made inquiry, and it is my understanding that these
individuals were summoned by Mr. Henry, the counsel for
the Transportation Committee, who requested that ten
people at random be assigned ... You may know that I
raised some question as to the legal aspects of Mr. Henry
being the counsel for our committee because of the
direction the hearing had taken. Previously I was tickled to
death because I figured that if anybody knew where the
"bodies were buried" it ought to be Bryan Henry . he
helped to bury some of them. And he certainly knew the
Department's procedures better than anybody else did. So I
had assumed that Bryan Henry would be the logical man to
conduct a constructive study. Mr. Henry, I am told, got
this list of names from a Mr. Ron Cole, whose services the
Governor's Office had terminated... to continue with
Senator Poston's letter,

"While our intended purpose is worthwhile, the manner
in which this entire event occurred raises questions as
to our ability to pre-plan and conduct a meeting
consistent with our intended purpose and objectives.
For example, insufficient homework was done by the
staff and the Committee. We were not sure what points
we were trying to make with the witnesses. Appar-
ently those invited to attend received a letter on
Monday or Monday afternoon prior to a meeting on
Wednesday. The letter made reference only to a
discussion of contracts now in force with the State
Road Department, and yet when the participants
arrived, apparently in a friendly spirit, and willing to be
cooperative, we proceeded to put them on trial. And,
even putting them on trial, we failed to establish any
relationship between the Governor's Club and contracts
for the State. And, further, because of the manner in
which the meeting was conducted, left some public
impressions which have certainly been unfair to some
people.

"Surely we as a public servant have a greater
responsibility to our State, to ourselves, to the public,
and to the business community that makes up this
State. We failed to establish any connection with the
Governor's Club, and in the instance of one firm,
although they had participated in a public function as a
salute to Governor Kirk, it developed that they had
been doing less work since the Kirk administration than
ever before; and yet our Committee left the impression,
which the newspapers certainly picked up, that
participation in this function was the reason the firm
was getting work.

"It seems to me that we have a higher calling than to
mislead a witness by'a letter, and then proceed to put
him on trial, when in reality we were only seeking



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



information. I personally find this approach distasteful
and inconsistent with our objectives.

"Further, it appears that impressions are left which
would imply that one is guilty of something simply
because he was asked to appear before the Committee.
Surely this is not our purpose.

"I would propose to you that we re-evaluate our
objective and our procedure for attaining that
objective. What are we really trying to do?? ... if it's
to develop information, can't we best do that through
staff work? If we would have been able to develop
pertinent information, let's make full use of it, but in
our efforts to seek information, let's not place every
one who is asked to appear on trial."

That's the letter from Senator Poston.

Now, Mr. Speaker, I have here documents to be entered
in the record and I don't apologize for the shape they are
in, because I just didn't have time to put them in any
better order, but these are documented answers to
allegations made during committee investigations. These
things that were brought up ... these allegations concerned
me. I wanted to know if we've indeed got a Department of
Transportation that I can't trust. I think the logical thing
to do when you raise these issues is to follow them to a
final conclusion. If you are going to raise an issue that by
innuendo makes a charge against somebody or something, I
think you owe it to that person to at least pursue the thing
to a logical conclusion. I find that this was not done in the
committee meeting... whether by design or otherwise
would be only opinion, but we of the minority membership
of the Transportation Committee have made
effort ... successful efforts... to reach the end conclusion
in these matters.

I have here documents to enter as part of the minority
report that the House may not wish to take time to hear
that I should like to enter as part of our report.

Mr. Crabtree moved that the remarks and the documents
referred to by Mr. Rude be spread upon the Journal.
Mr. Sessums offered a substitute motion that the remarks by
Mr. Rude be spread upon the Journal.

Pending consideration thereof-

Mr. Reed moved that the rules be waived and HB 8-A be
withdrawn from the Committees on Transportation, Finance &
Taxation, and Appropriations and taken up instanter, which
was not agreed to.
Mr. Reed moved that the House reconsider the vote by which
the motion to take up and consider HB 8-A was not agreed to.
The vote was:
Yeas-55



Bassett
Bird
Bothwell
Brannen
Brantley
Clark, David
Clark, J. R.
Crabtree
Crider
D'Alemberte
Davis
Dixon
Earle
Featherstone



Fleece
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Hartnett
Heath
James



Jordan Robinson
King Rude
Lindsey Savage
MacKay Stafford
Martinez, J. M. Tillman, J. K.
McNulty Tillman, R. J.
Moudry Tobiassen
Murphy Ward
Nease Ware
Nergard Whitson
Poorbaugh Wilson
Powell Wolfson
Prominski Wood
Reed



Nays-49
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Chapman
Culbreath
Danahy
Dubbin
Firestone



Fortune
Hector
Hess
Holloway
Kershaw
Lancaster
Lewis
Matthews
Melvin
Middlemas
Miers
Mixson
Nichols



Ogden
Pettigrew
Randell
Redman
Reedy
Renick
Roberts
Rowell
Ryals
Sackett
Singleton
Smith
Spicola



Stevens
Sweeny
Tucker
Turlington
Tyre
Tyrrell
West
Westberry
Whitworth
Woodward



Representative Pratt was recorded as voting Yea and
Representative Fulford changed his vote from Yea to Nay.

The question recurred on the motion by Mr. Reed that HB
8-A be withdrawn from the Committees on Transportation,
Finance & Taxation, and Appropriations and taken up
instanter.

Mr. West raised the point of order that there was a previous
motion before the House.
The Speaker ruled the point not well taken.

Mr. Bevis moved that the rules be waived and debate be
limited to 5 minutes per side.
Mr. Fleece offered a substitute motion that debate be limited
to 30 minutes per side, which was not agreed to.
The question recurred on the motion by Mr. Bevis that the
rules be waived and debate be limited to 5 minutes per side,
which was agreed to. The vote was:
Yeas-60



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Bird
Blackburn
Brannen
Chapman
Clark, J. R.
Conway
Craig
Culbreath

Nays-47
Bassett
Bothwell
Caldwell
Clark, David
Crabtree
Crider
D'Alemberte
Davis
Earle
Fleece
Gautier
Gibson



Danahy
Dixon
Dubbin
Elmore
Featherstone
Firestone
Fortune
Fulford
Gallen
Gillespie
Graham
Harris
Hess
Hodes
Holloway



Kershaw
Lancaster
Lewis
Matthews
Melvin
Middlemas
Miers
Mixson
Nichols
Ogden
Pettigrew
Randell
Redman
Reedy
Renick



Glisson Moudry
Gorman Murphy
Grizzle Nease
Gustafson Nergard
Heath Poorbaugh
James Powell
Jordan Prominski
King Reed
Lindsey Robinson
MacKay Rude
Martinez, J. M. Ryals
McNulty Savage



Roberts
Rowell
Sackett
Singleton
Smith
Stevens
Sweeny
Tucker
Tyrrell
Walker
West
Whitworth
Wolfson
Woodward
Yancey



Sessums
Stafford
Tillman, J. K.
Tillman, R. J.
Tobiassen
Turlington
Ward
Ware
Whitson
Wilson
Wood



The question recurred on the motion by Mr. Reed that the
rules be waived and HB 8-A be withdrawn from the Committees
on Transportation, Finance & Taxation, and Appropriations and
taken up, which was not agreed to. The vote was:

Yeas-52



Bassett
Bird
Bothwell
Caldwell
Clark, David



Clark, J. R.
Crabtree
Crider
Danahy
Davis



Dixon
Earle
Elmore
Fleece
Fulford



Gallen
Gibson
Glisson
Gorman
Grizzle



50



December 5, 1969












JOURNAL OF THE HOUSE OF REPRESENTATIVES



Gustafson
Heath
Hodes
James
Jordan
Kingsey
MacKay
Nays-58
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Chapman
Conway
Craig
D'Alemberte
Dubbin



Martinez, J. M.
McNulty
Moudry
Murphy
Nease
Nergard
Poorbaugh
Powell


Featherstone
Firestone
Fortune
Gautier
Gillespie
Graham
Harris
Hartnett
Hector
Hess
Holloway
Kershaw
Lancaster
Lewis
Matthews



Prominski
Reed
Robinson
Rude
Savage
Stafford
Stevens
Tillman, J. K.


Melvin
Middlemas
Miers
Mixson
Nichols
Ogden
Pettigrew
Randell
Redman
Renick
Roberts
Rowell
Ryals
Sackett
Sessums



Representatives Danahy Hodes, and Stevens changed their
votes from Yea to Nay. Representatives Pratt and Reedy were
recorded as voting Yea.

The question recurred on the substitute motion by Mr.
Sessums that the remarks by Mr. Rude be spread upon the
Journal, which was agreed to.
Mr. Fleece moved that, under Rule 12.6, the priority of
business now be changed to taking up amendments to HCR
41-A, which is not a debatable motion.
The Speaker ruled the motion not in order for the reason
that the rule applies to the order of business of the day and
not to the way that the debate is handled.
Mr. Pratt moved that the rules be waived and HB's 12-A,
13-A, 14-A, and 15-A be withdrawn from the Committees on
Transportation, Finance & Taxation, and Appropriations and
taken up instanter, which was not agreed to.
Mr. Crabtree moved the previous question on HCR 41-A,
which was agreed to.
Mr. Randell suggested the absence of a quorum. A quorum of
97 Members was present.



The question recurred on the adoption
vote was:
Yeas-58



Featherstone
Firestone
Fortune
Gautier
Gillespie
Graham
Hartnett
Hector
Hess
Hodes
Holloway
Kershaw
Lancaster
Lewis
MacKay


Gallen
Gibson
Glisson
Gorman
Grizzle
Gustafson
Heath
Lindsey
Martinez, J. M.
NcNulty



Matthews
Miers
Mixson
Ogden
Pettigrew
Randell
Reedy
Renick
Roberts
Rowell
Ryals
Sackett
Sessums
Singleton
Smith


Moudry
Murphy
Nease
Nergard
Pratt
Prominski
Reed
Robinson
Rude
Savage



of HCR 41-A. The



Spicola
Stevens
Sweeny
Tucker
Turlington
Tyre
Tyrrell
Walker
West
Whitworth
Wolfson
Woodward
Yancey




Stafford
Tillman, J. K.
Tillman, R. J.
Tobiassen
Ward
Ware
Whitson
Wilson
Wood



Tillman, R. J.
Tobiassen
Walker
Ward
Ware
Whitson
Wilson
Wood


Shaw
Singleton
Smith
Spicola
Sweeny
Tucker
Turlington
Tyre
Tyrrell
Wolfson
Woodward
Yancey



Representatives Brantley, J. R. Clark, and Nichols were
recorded as voting Yea.

PAIR VOTES

I am paired with Representative James. If he were present he
would vote Nay and I would vote Yea on adoption of HCR
41-A.
41-A. Representative Marshall S. Harris


I am paired with Representative Jordan. If he were present,
he would vote Nay and I would vote Yea on adoption of HCR
41-A.
Representative John Robert Middlemas


I am paired with Representative Poorbaugh. If he were
present, he would vote Nay and I would vote Yea on adoption
of HCR 41-A. Representative Jerry Melvin


I am paired with Representative Bevis. If he were present he
would vote Yea and I would vote Nay on adoption of HCR
41-A. Representative William E. Powell


I am paired with Representative Westberry. If he were
present, he would vote Yea and I would vote Nay on adoption
of HCR 41-A.
SRepresentative Charles E. Davis Jr.


I am paired with Representative Redman. If he were present,
he would vote Yea and I would vote Nay on adoption of HCR
41-A. Representative David C. Clark


So the concurrent resolution was adopted and ordered
immediately certified to the Senate.


EXPLANATIONS OF VOTE
ON HCR 41-A

I voted for House Concurrent Resolution 41-A, with great
reluctance. This special session was called by the Governor to
deal with roads in Florida. As Chief Executive of our State, his
program was entitled to full and complete debate and
consideration by the Legislature. Unfortunately, it was not put
on the House floor for this consideration. While I have studied
the plan carefully and do not feel, at this time, I could vote for
it, I regret the fact it could not have been fully debated. My
vote for the resolution was nothing more than my indication
that I feel it useless to continue the session on roads with the
very apparent disposition of the majority of the Legislature not
to raise new taxes for roads at this time. Any special session
which cannot accomplish the purpose for which it is called
should be adjourned as soon as possible to save tax dollars.
Representative John Crider

I oppose this resolution because it gives no assurance a
systematic and comprehensive road program, whose unique
features include means for funding and constructing vitally
needed urban area, city, and county roads, and which was
developed at the request of the Legislature, will be
implemented.
While I suspect the material in the Resolution, critical of the
Department of Transportation, may be insubstantial, I agree
that the Legislature should examine major Executive
departments more frequently than at intervals determined by
strongly contested gubernatorial campaigns (Scott Kelly-Kirk).
However, since the Department of Transportation will
continue to administer a 180 million dollar per year, five year
program, it would appear an investigation might proceed
concurrently with prompt action to implement a vitally needed
program of relief to road problems which are causing
substantial and increasing loss of life, and which will also harm
tourism.



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Blackburn
Brannen
Chapman
Conway
Crider
Culbreath
Danahy
Dubbin
Elmore
Nays-39
Bassett
Bird
Bothwell
Caldwell
Crabtree
D'Alemberte
Dixon
Earle
Fleece
Fulford



51



December 5, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 5, 1969



Lack of prompt action will also cause a loss of 13 million
dollars per year, which will escalate, due to rising construction
costs, at the rate of 4.5% per year, and right-of-way at 8% per
year.
I charge that the Resolution was politically motivated and
inimical to the best interests of the people.
Representative Richard J. Tillman

I voted in favor of the resolution somewhat reluctantly. I see
the need for continued investigation of the Department of
Transportation. However, I am very disappointed with the
failure of the House to ever consider the 16-year road plan. I
found glaring deficiencies in the plan and would have voted
against it, but I feel that it should have been presented for
extensive open debate.
Representative Donald L. Tucker

I voted for House Concurrent Resolution 41-A, with great
reluctance. This special session was called by the Governor to
deal with roads in Florida. As Chief Executive of our State his
program was entitled to full and complete debate and
consideration by the Legislature. Unfortunately, it was not put
on the House floor for this consideration. While I have studied
the plan carefully and do not feel, at this time, I could vote for
it, I regret the fact it could not have been fully debated. My
vote for the resolution was nothing more than my indication
that I feel it useless to continue the session on roads with the
very apparent disposition of the majority of the Legislature not
to raise new taxes for roads at this time. Any special session
which cannot accomplish the purpose for which it is called
should be adjourned as soon as possible to save tax dollars.
Representative W. H. Reedy

HR 43-A-A resolution commending Gary Eugene O'Neal of
Orlando, Florida.

WHEREAS, Gary Eugene O'Neal of Orlando, Florida,
observed a gang of young delinquents hurling bricks at an
automobile which contained a mother and her two young
children, and
WHEREAS, Gary O'Neal, rather than looking the other way
and refusing to become involved, chose to act in behalf of the
victims of this assault, and
WHEREAS, as he was in a phone booth calling the police the
gang of delinquents turned their attack upon him, and

WHEREAS, Gary O'Neal was inflicted with painful injuries
which put him in Orange Memorial Hospital, and
WHEREAS, the Florida Legislature recognizes that there are
too few people in today's world who are willing to involve
themselves in the perilous affairs of others, NOW
THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida:
Section 1. That the Florida House of Representatives does
hereby commend Gary Eugene O'Neal of Orlando, Florida, for
his unselfish and exemplary actions in behalf of his fellow man.

Section 2. That a copy of this resolution be forwarded to
Gary Eugene O'Neal with the sincere appreciation and gratitude
of the members of the Florida House of Representatives.
-was taken up and read the second time in full.
On motion by Mr. Bothwell, the resolution was adopted.



HB 42-A-A bill to be entitled An act relating to justice of
the peace courts in Pasco County; providing for compensation
of the justices of the peace; amending laws in conflict herewith;
providing an effective date.
-was taken up. On motions by Mr. Stevens, the rules were
waived and HB 42-A was read the second time by title and the
third time by title. On passage, the vote was:



Yeas-105



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, J. R.
Conway
Crabtree
Crider
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone



Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Kershaw
King
Lancaster
Lewis
Lindsey
MacKay
Martinez, J.



Matthews
McNulty
Melvin
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Powell
Pratt
Prominski
Randell
Reed
Reedy
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett
Savage
M. Sessums



Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Nays-None
Representative Redman was recorded as voting Yea.

So the bill passed and was ordered immediately certified to
the Senate.


MESSAGE FROM THE SENATE



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 4, 1969



Sir:
I am directed to inform the House of Representatives that
the Senate has concurred in House amendments to
SB 23-A SB 15-A



Respectfully,
Edwin G. Fraser
Secretary of the Senate



Adjournment
On motion by Mr. Rowell, the House adjourned at 1:15 P.M.
to reconvene at 12 o'clock Noon, Monday, December 8.



52












THE JOURNAL OF THE FLORIDA



House of Representatives



PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION


MONDAY, DECEMBER 8, 1969



The House was called to order by the Speaker at 12:00 noon.
The following Members were recorded present:



Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey
MacKay
Martinez, E. L.
Martinez, J. M.



Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals



Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Excused: Representatives Andrews, Crider, Hodes and Shaw.
A quorum was present.



INTRODUCTION AND REFERENCE

By Representative Reedy-
HB 48-A-A bill to be entitled An act relating to Lake
County; providing for the acquisition and construction of
roads, bridges, highways, rights-of-way, storm sewers, and
drains and the acquisition, construction, repairing, equipping,
and remodeling of any county building or public facility
including recreational facilities; authorizing the issuance of
certificates of indebtedness payable from the portion of the
race track funds accruing annually to Lake County and
allocated to the board of county commissioners to finance
the cost of such projects; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Sessums, Pettigrew and Middlemas-
HB 49-A-A bill to be entitled An act relating to public
officers; requiring the filing of annual statements of any
contributions received and expenditures made from such
contributions; providing penalties; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Arnold-
HB 50-A-A bill to be entitled An act relating to the
department of transportation; creating a state transportation
board to be appointed by the Governor and providing an
effective date.



-was read the first time by title and referred to the
Committees on Transportation and Appropriations.
Prayer



Prayer by The Reverend Lee Graham, Jr., Rector of St.
John's Episcopal Church of Tallahassee:
Almighty God, who dost hold us to account for all our
powers; guide we beseech Thee the members of this
Legislature and of this House of Representatives. Give each
member insight to examine and purify his own motives,
humility to listen to the concerns of others, vision to
behold the good that should be done, care to prevent the
doing of the wrong thing, courage to stand for his own
convictions and stamina to withstand the pressures of
public service. Finally, grant that by what we do and by
what we refrain from doing, our State and our people may
rejoice in health, beauty and in justice. Amen.



By Representative Sackett-
HB 51-A-A bill to' be entitled An act relating to state
hospitals; authorizing the secretary of the department of health
and rehabilitative services to assign new patients and to transfer
patients within the department to state tuberculosis hospitals;
authorizing the secretary to expend funds appropriated to the
department for all types of patients in tuberculosis hospitals;
providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.


MESSAGES FROM THE SENATE



Pledge

The Members pledged allegiance to the Flag.


The Journal

The Journal of December 5 was approved.



The Honorable Frederick H. Schultz
Speaker, House of Representatives

Sir:



December 5, 1969



I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-
53



rr
? =-
..,,.
+*.L
C-uf-
LS, ,cE-r
---;



Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone












JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Senator Chiles-
SB 31-A-A bill to be entitled An act making appropriations;
providing moneys for special sessions of the legislature;
providing for the allocation of said appropriations; providing an
effective date.

and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motion by Mr. Turlington, agreed to by the required
Constitutional two-thirds vote, SB 31-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and referred to the
Committee on Appropriations.
The Honorable Frederick H. Schultz December 5, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed with amendment-
By Representative Andrews-
HB 1738-A bill to be entitled An act relating to primary
elections, amending sections 100.061 and 100.091 (1), Florida
Statutes, changing the dates of the first and second primaries;
providing an effective date.
-which amendment reads as follows:
On page 1, strike line 11 through line 31 and line 1 through
line 7 on page 2 and insert the following:
Section 1. Section 100.061, Florida Statutes, is amended to
read:
100.061 First primary election.-A first primary election shall
be held on the [first] third Tuesday after the first Monday in
May of each year in which a general election is held for
nomination of candidates of political parties. Each candidate
receiving a majority of the votes cast in each contest in the first
primary election shall be declared nominated for such office. A
second primary election shall be held as provided by section
100.091, Florida Statutes, in all contests where a candidate
does not receive a majority.
Section 2. Subsection (1) of section 100.091, Florida
Statutes, is amended to read:
100.091 Second primary election.-
(1) A second primary election shall be held on the [fourth]
third Tuesday after the first [Monday in May of] primary
election in each year in which a general election is held for the
nomination of candidates of political parties where nominations
are not made in the first primary election.
Section 3. This act shall take effect upon becoming a law.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motion by Mr. Tyrrell, the House refused to concur in
the Senate amendment to HB 1738 and requests the Senate to
recede therefrom. The vote was:
Yeas--85

Alvarez Brannen Craig Featherstone
Arnold Brantley Culbreath Firestone
Baker Caldwell D'Alemberte Fleece
Baumgartner Clark, David Danahy Fortune
Bevis Clark, Dick Davis Gillespie
Bird Clark, J. R. Dixon Glisson
Bothwell Conwav Dubbin Graham



Grizzle
Harris
Hartnett
Heath
Hector
Hess
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
MacKay
Martinez, E. L.

Nays-22
Mr. Speaker
Bassett
Blackburn
Chapman
Earle
Elmore



Melvin
Middlemas
Miers
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Reedy
Reeves


Fulford
Gautier
Gibson
Gorman
Lindsey
Martinez, J.



Register
Renick
Roberts
Robinson
Rude
Sackett
Savage
Sessums
Singleton
Smith
Stafford
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker


Mixson
Moudry
Pratt
Redman
Reed
M. Rowell



Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitworth
Wilson
Wolfson
Wood





Ryals
Sweeny
Whitson
Woodward



Representatives Crabtree, Gallen, Spicola and Yancey were
recorded as voting Yea. Representative Stevens was recorded as
voting Nay. Representatives Brannen and James changed their
votes from Yea to Nay.

The action, together with HB 1738 and Senate amendment
thereto, was ordered certified to the Senate.



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 5, 1969



Sir:
I am directed to inform the House of Representatives that
the Senate has passed by the required constitutional two-thirds
vote of all members present on December 5, 1969, the
Governor's objections to the contrary notwithstanding-

By Senators Poston and Pope-
SB 548 (1969 Regular Session)-An act relating to the state
road department and the internal organization thereof; pro-
viding an effective date.

The Governor's objections attached thereto.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

SB 548 (1969 Regular Session), contained in the above
message, with the Governor's objections attached thereto, was
referred to the Committee on General Legislation.



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 5, 1969



Sir:
I am directed to inform the House of Representatives that
the Senate has passed by the required constitutional two-thirds
vote of all members present on December 5, 1969, the
Governor's objections to the contrary notwithstanding-

HB 2507 (1969 Regular Session)
The Governor's objections attached thereto.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

HB 2507 (1969 Regular Session), contained in the above
message, was ordered certified to the Secretary of State.



54



December 8, 1969












JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Honorable Frederick H. Schultz December 5, 1969
Speaker, House of Representatives

Sir:

I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-
HB 25-A HB 19-A
HB 20-A HB 40-A
HB 31-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate

The bills, contained in the above message, were ordered
enrolled.


Report of the Committee on Rules & Calendar
The following report was read:



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 8, 1969



Sir:
Your Committee on Rules & Calendar has approved the
following bill for introduction:
HB 46-A
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted.


INTRODUCTION AND REFERENCE
HB 46-A-A bill to be entitled An act amending Subsection
(2) of Section 689.075, Florida Statutes, to provide that said
subsection shall not apply to accounts, deposits, savings
certificates and other arrangements at a bank or savings and
loan association, by one or more persons, in trust for one or
more persons, which arrangement is by its terms, revocable by
the person making the same, until his death or incompetency;
providing an effective date.
On motion by Mr. Harris, agreed to by the required
Constitutional two-thirds vote, HB 46-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and placed in the
Committee on Rules & Calendar.


Report of the Committee on Rules & Calendar
The following report was read:
The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Monday,
December 8, 1969, the consideration of the following bill:
HB 46-A



A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.


CONSIDERATION OF THE
SPECIAL ORDER
HB 46-A-A bill to be entitled An act amending Subsection
(2) of Section 689.075, Florida Statutes, to provide that said
subsection shall not apply to accounts, deposits, savings
certificates and other arrangements at a bank or savings and
loan association, by one or more persons, in trust for one or
more persons, which arrangement is by its terms, revocable by
the person making the same, until his death or incompetency;
providing an effective date.
-was taken up. On motions by Mr. Harris, the rules were
waived and HB 46-A was read the second time by title and the
third time by title. On passage, the vote was:



Yeas-96

Mr. Speaker Earle
Alvarez Elmore
Arnold Featherstor
Baker Firestone
Bassett Fleece
Baumgartner Fortune
Bevis Fulford
Blackburn Gautier
Bothwell Gibson
Brannen Gillespie
Brantley Glisson
Caldwell Gorman
Chapman Graham
Clark, David Grizzle
Clark, Dick Harris
Clark, J. R. Hartnett
Conway Heath
Craig Hector
Culbreath Hess
D'Alemberte Holloway
Danahy Jordan
Davis Kershaw
Dixon Lancaster
Dubbin Lewis
Nays-10
Bird McNulty
King Pratt
Martinez, J. M. Prominski
Representatives Crabtree
Yea.



ie



Lindsey
MacKay
Matthews
Melvin
Middlemas
Miers
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson



Rowell
Rude
Ryals
Sackett
Savage
Sessums
Singleton
Smith
Stafford
Stevens
Sweeny
Tillman, J. K.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
West
Westberry
Whitworth
Wolfson
Woodward
Yancey



Tillman, R. J. Wilson
Ward
Whitson
and Spicola were recorded as voting



So the bill passed and was ordered immediately certified to
the Senate.


Adjournment

On motion by Mr. Rowell, the House adjourned at 12:30
P.M. to reconvene at 3:00 P.M. today.


AFTERNOON SESSION

The House was called to order by the Speaker at 3:00 P. M.
The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews



Arnold
Baker
Bassett



Baumgartner Blackburn
Bevis Bothwell
Bird Brannen



December 8, 1969



55












JOURNAL OF THE HOUSE OF REPRESENTATIVES



Brantley Glisson
Caldwell Gorman
Chapman Graham
Clark, David Grizzle
Clark, Dick Gustafson
Clark, J. R. Harris
Conway Hartnett
Crabtree Heath
Craig Hector
Culbreath Hess
D'Alemberte Holloway
Danahy James
Davis Jordan
Dixon Kershaw
Dubbin King
Earle Lancaster
Elmore Lewis
Featherstone Lindsey
Firestone MacKay
Fleece Martinez, E. L.
Fortune Martinez, J. M.
Fulford Matthews
Gallen McNulty
Gautier Melvin
Gibson Middlemas
Gillespie Miers
A quorum was present.



Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett
Savage



Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tillman, J. K,
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



INTRODUCTION AND REFERENCE

By Representatives Holloway, Miers, and Tucker-
HB 52-A-A bill to be entitled An act relating to
transportation planning for the City of Tallahassee and
surrounding area, authorizing and directing the state
departments of general services and transportation to cooperate
with local planning authorities and to participate in the
development and execution of plans for achieving a balanced
transportation system to accommodate said area, providing an
appropriation; providing an effective date.

-was placed temporarily in the Committee on Rules &
Calendar.

By Representatives Sweeny, Gillespie, and Conway-
HB 53-A-A bill to be entitled An act amending section
40.38, Florida Statutes, to include the county judges' courts in
counties with a population in excess of 120 000 which also
have a jury commission; providing an effective date.

-was placed temporarily in the Committee on Rules &
Calendar.

By Representative McNulty-
HCR 54-A-A concurrent resolution requesting the president
of the senate and the speaker of the house of representatives to
call a special session of the legislature.

-was read the first time and referred to the Committees on
Transportation and Appropriations.


MESSAGES FROM THE SENATE
The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:

I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and adopted-

By Senator Mathews and others-
SM 33-A-A Memorial to the Congress of the United States
urging acceleration of the finalization of the application for
American citizenship of Carlos Alvarez.



and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SM 33-A, contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.

The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed by the required constitutional two-thirds
vote of all members present on December 8, 1969, the
Governor's objections to the contrary notwithstanding-
SB 661 (1969 Regular Session)-An act relating to state
attorneys; amending Section 27.14, Florida Statutes,
authorizing the Governor to order an exchange of state
attorneys for good and sufficient reasons; providing that any
exchange or assignment of any state attorney for a period in
excess of sixty 60) days in any one calendar year must be
approved by order of the Supreme Court of Florida upon
application of the Governor showing good and sufficient cause
to extend such exchange or assignment; amending Section
27.15, Florida Statutes, authorizing the Governor, for good and
sufficient reasons, to require any state attorney to proceed to
any place in the state to assist another state attorney; providing
for expenses; providing an effective date.
the Governor's objections attached thereto-
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 661 (1969 Regular Session), contained in the above
message, with the Governor's objections attached thereto, was
referred to the Committee on General Legislation.


REPORTS OF STANDING COMMITTEES
The Committee on General Legislation recommends the
following pass; the veto of the Governor to the contrary
notwithstanding:
SB 548 (69) *
The bill was placed in the Committee on Rules & Calendar.
The Committee on Appropriations recommends the following
pass:
SB 31-A, with amendments, (fiscal note attached)
The bill was placed in the Committee on Rules & Calendar.

Report of the Committee on Rules & Calendar
The following report was read:

The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar has approved the
following bills for introduction:
HB 51-A
HB 34-A
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar



56



December 8, 1969












JOURNAL OF THE HOUSE OF REPRESENTATIVES



On motion by Mr. Rowell, the above report was adopted.


INTRODUCTION AND REFERENCE

HB 51-A-A bill to be entitled An act relating to state hospitals-
authorizing the secretary of the department of health and
rehabilitative services to assign new patients and to transfer
patients within the department to state tuberculosis hospitals;
authorizing the secretary to expend funds appropriated to the
department for all types of patients in tuberculosis hospitals;
providing an effective date.

On motion by Dr. Sackett, agreed to by the required
Constitutional two-thirds vote, HB 51-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.

The bill was read the first time by title and referred to the
Committees on Public Health & Welfare and Appropriations.

HB 34-A-A bill to be entitled An act relating to drug abuse;
amending section 404.02, Florida Statutes; prohibiting the
actual or constructive possession or control of hallucinogenic
drugs except as provided in section 404.04, Florida Statutes,
relating to pharmacists, hospitals, etc.; providing an effective
date.

On motion by Mr. Nichols, agreed to by the required
Constitutional two-thirds vote, HB 34-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.

The bill was read the first time by title and referred to the
Committee on Judiciary.


Report of the Committee on Rules & Calendar
The following report was read:



57



On motion by Dr. Sackett, the rules were waived and HB
51-A was read the second time by title.
Representative Pettigrew offered the following amendment:
In Section 2, on page 3, line 3, strike the period and insert
the following: ; provided, however, that no new treatment
programs shall be instituted hereunder until funding therefore is
specifically appropriated for such new programs, it being the
intent of the legislature to up-grade and more efficiently deliver
existing services under presently authorized programs.

Mr. Pettigrew moved the adoption of the amendment, which
was adopted.
On motion by Dr. Sackett, the rules were waived and HB
51-A, as amended, was read the third time by title. On passage,
the vote was:
Yeas-96



Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Nays-None



Earle
Elmore
Firestone
Fleece
Fortune
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Harris
Hartnett
Heath
Hector
Hess
Holloway
Jordan
King
Lancaster
MacKay
Matthews



McNulty
Melvin
Middlemas
Miers
Mixson
Murphy
Nease
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Ryals



Sackett
Savage
Sessums
Singleton
Spicola
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Tyre
Tyrrell
Walker
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey



December 8, 1969



Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Monday,
December 8, 1969, the consideration of the following bills:
HB 51-A
HB 34-A
SB 31-A
A quorum of the Committee was present in person, and a
.majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman, Committee on
Rules & Calendar
On motion of Mr. Rowell, the above report was adopted.


CONSIDERATION OF THE SPECIAL ORDER
On motion by Dr. Sackett, agreed to by two-thirds vote, HB
51-A was withdrawn from the Committees on Public Health &
Welfare and Appropriations and taken up by waiver of the
rules.

HB 51-A-A bill to be entitled An act relating to state
hospitals; authorizing the secretary of the department of health
and rehabilitative services to assign new patients and to transfer
patients within the department to state tuberculosis hospitals;
authorizing the secretary to expend funds appropriated to the
department for all types of patients in tuberculosis hospitals;
providing an effective date.



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.

On motion by Mr. Nichols, agreed to by two-thirds vote, HB
34-A was withdrawn from the Committee on Judiciary and
taken up by waiver of the rules.
HB 34-A-A bill to be entitled An act relating to drug abuse;
amending section 404.02, Florida Statutes; prohibiting the
actual or constructive possession or control of hallucinogenic
drugs except as provided in section 404.04, Florida Statutes,
relating to pharmacists, hospitals, etc.; providing an effective
date.

On motions by Mr. Nichols, the rules were waived and HB
34-A was read the second time by title and the third time by
title. On passage, the vote was:
Yeas-93



Mr. Speaker
Alvarez
Arnold
Baker
Bassett
Baumgartner
Bevis
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Culbreath



Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Firestone
Fleece
Fortune
Fulford
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Hartnett
Heath



Hector
Hess
James
Jordan
King
Lancaster
MacKay
Martinez, J.
Matthews
Melvin
Miers
Mixson
Moudry
Murphy
Nease
Nichols
Ogden
Pettigrew
Poorbaugh



Powell
Randell
Redman
Reed
Reedy
Reeves
Renick
M. Roberts
Robinson
Rowell
Rude
Ryals
Sackett
Savage
Sessums
Singleton
Stafford
Stevens
Sweeny



December 8, 1969



The Honorable Frederick H. Schultz
Speaker, House of Representatives











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Nays-10
Bird
D'Alemberte
Gautier



Tyre
Tyrrell
Walker
Ward
Ware



Harris
McNulty
Middlemas



West
Westberry
Whitson
Whitworth
Wilson


Prominski
Register
Spicola



Woodward
Yancey



Wolfson



So the bill passed and was ordered immediately certified to
the Senate.


Vetoed Bill

SB 548 (1969 Regular Session)-An act relating to the State
Road Department and the internal organization thereof; pro-
viding an effective date.
-was taken up, together with the following veto message:



Honorable Tom Adams
Secretary of State



July 1, 1969



Dear Sir:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections, Senate Bill 548, enacted by the Legislature of 1969,
and entitled:

An act relating to the state road department and the
internal organization thereof; providing an effective date.

Although this bill recognizes the newly enacted Governmental
Reorganization Act, it would appear that the purposes to be
served by Senate Bill 548, would conflict with the entire
principle of reorganization. The matters pertaining to the
internal organization of the State Road Department are now
matters more properly to be determined and regulated by the
newly created Department of Transportation.

The aims and objectives of governmental reorganization and
in particular the creation of a Department of Transportation
would seem to be thwarted if the Department could not
determine the qualifications of the personnel to be employed
and more basically the necessity of even employing certain
personnel. The determination of whether there shall be
additional legal counsel and who such additional legal counsel
shall be, would seem to be considered more properly within the
Department's determination and jurisdiction.

I am confident that the intended philosophy expressed in
Senate Bill 548 will be given ample recognition by the
Secretary of the Department of Transportation consistent with
the aims and objectives of both the Department and the public
whom it serves.

For the above reasons, I am withholding my approval from
Senate Bill 548, 1969 Session of the Legislature, and do hereby
veto the same.
Sincerely,
CLAUDE R. KIRK, JR.
Governor

Mr. Matthews moved that SB 548 (1969 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.

On motion by Mr. Reed, the rules were waived and debate
was limited to 5 minutes per side.

The question recurred on the motion by Mr. Matthews that
SB 548 (1969 Regular Session) pass, the veto of the Governor
to the contrary notwithstanding. The vote was:



Yeas-66
Mr. Speaker
Alvarez
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Chapman
Clark, Dick
Clark, J. R.
Conway
Craig
Culbreath
D'Alemberte
Danahy

Nays-43



Dubbin
Elmore
Featherstone
Firestone
Fortune
Fulford
Gautier
Gillespie
Graham
Harris
Hartnett
Hector
Holloway
Lancaster
Lewis
MacKay
Martinez, E. L.



Matthews
Melvin
Middlemas
Miers
Nichols
Ogden
Pettigrew
Randell
Redman
Reedy
Reeves
Renick
Roberts
Ryals
Sackett
Sessums
Singleton



Smith
Spicola
Stevens
Sweeny
Tucker
Turlington
Tyre
Tyrrell
Walker
West
Westberry
Whitworth
Wolfson
Woodward
Yancey



Bassett Glisson Moudry Savage
Bird Gorman Murphy Stafford
Bothwell Grizzle Nease Tillman, J. K.
Caldwell Gustafson Nergard Tillman, R. J.
Clark, David Heath Poorbaugh Tobiassen
Crabtree Hess Powell Ward
Davis James Prominski Ware
Dixon Jordan Reed Whitson
Earle King Register Wilson
Fleece Lindsey Robinson Wood
Gibson Martinez, J. M. Rude

Representatives Kershaw and Pratt were recorded as voting
Yea.
So SB 548 (1969 Regular Session) failed to pass by the
required Constitutional two-thirds vote of all Members present.
The veto of the Governor was sustained and the bill was
ordered immediately certified to the Senate.


CONTINUATION OF SPECIAL ORDER
SB 31-A-A bill to be entitled An act making appropriations;
providing moneys for special sessions of the legislature;
providing for the allocation of said appropriations; providing an
effective date.

-was taken up. On motion by Mr. Turlington, the rules were
waived and SB 31-A was read the second time by title.

The Committee on Appropriations offered the following
amendment:

Strike everything after the enacting clause and insert the
following:


Section 1. Subsection (5)(a) of Section 11.13 of Chapter
69-52, Laws of Florida, is amended to read:
(5)(a) All expenditures of the senate and of the house of
representatives and of the offices, committees and divisions of
the legislature except expenditures incident to special or
extraordinary sessions shall be made pursuant to and, unless
changed as provided below, within the limits of budgetary
estimates of expenditure for each fiscal year prepared and
submitted prior to June 15 by the administrative head of each
such house, office, committee or division and approved by the
committee on rules and calendar of the senate and the
president of the senate as to senate budgets, by the committee
on administration of the house of representatives and the
speaker of the house as to house budgets, and by the joint
legislative management committee as to joint committees and
the divisions of the legislature other than the legislative auditing
committee and the legislative auditor's office. Amounts in the
approved estimates of expenditure may be transferred between
budgetary units within the senate, house of representatives, and
joint activities by the original approving authority. Funds may
be transferred between items of appropriation to the legislature



58



December 8, 1969












JOURNAL OF THE HOUSE OF REPRESENTATIVES



when approved by the president of the senate, the speaker of
the house of representatives and the joint legislative
management committee, provided the total amount appropriated
to the legislative branch shall not be altered. The joint legislative
management committee shall formulate and present to each
house and office thereof recommendations concerning the form
and preparation of such budgets and procedures for their
adoption and transmission.

Section 2. Subsection (5) of Section 11.13 of Chapter 69-52,
Laws of Florida, is amended by adding a new subsection as
follows:

(d) There is hereby appropriated annually out of the general
revenue fund a sufficient sum to cover legislative expenditures
during any special or extraordinary sessions to be released by
the administration commission as needed.

Section 3. This act shall take effect December 1, 1969.
Mr. Turlington moved the adoption of the amendment.
Pending consideration thereof-
Representative Graham offered the following amendment to
the amendment:
In Section 2, on page 2, after the word "cover" strike the
following: "legislative expenditures during" and insert the
following: "additional legislative expenditures occasioned by"

Mr. Graham moved the adoption of the amendment to the
amendment.
Pending consideration thereof-
Mr. Featherstone raised the point of order that consideration
of SB 31-A should be temporarily deferred as copies of the
amendments were not available to the Membership.
The Speaker held the point not well taken as there is no rule
requiring amendments to be reproduced and placed before the
Members individually.

Mr. Pratt raised the point of order that the House had not
been furnished fiscal notes stating the financial implications of
the amendments.
The Speaker held the requirement for a fiscal note under the
existing situation was a matter of the Chair's discretion and one
would not be required.

Representative Brantley offered the following substitute
amendment:

Strike everything after the enacting clause and insert the
following:
Section 1. There is hereby appropriated from the general
revenue fund sufficient amounts of moneys to cover the actual
costs of special and extraordinary sessions during the fiscal year
of 1969-1970 which shall be released by the Administration
Commission as needed.

Section 2. This act shall take effect December 1, 1969.
Mr. Brantley moved the adoption of the substitute
amendment.

Pending consideration thereof, Mr. Graham withdrew the
amendment to the amendment.

The question recurred on the adoption of the substitute
amendment, which was adopted. The vote was:

Yeas-64

Alvarez Clark, Dick Fleece James
Arnold Clark, J. R. Fortune Jordan
Baker Conway Fulford Lancaster
Bevis Crabtree Gallen Lewis
Blackburn Craig Gautier MacKay
Brannen Culbreath Gillespie Martinez, E. L.
Brantley Dixon Heath Melvin
Chapman Earle Hector Miers
Clark, David Elmore Holloway Mixson



Moudry
Murphy
Nease
Nichols
Ogden
Poorbaugh
Randell

Nays-37
Baumgartner
Bothwell
Caldwell
D'Alemberte
Danahy
Davis
Dubbin
Featherstone
Firestone
Gibson



Reedy
Renick
Roberts
Rowell
Rude
Ryals
Sackett


Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Hess
Kershaw
King



Savage
Singleton
Smith
Sweeny
Tillman, J. K.
Tucker
Tyre


Matthews
Middlemas
Nergard
Pettigrew
Powell
Prominski
Redman
Reed
Reeves
Sessums



Ward
Ware
West
Westberry
Wolfson
Wood
Woodward


Spicola
illman, R. J.
Tobiassen
Tyrrell
Whitson
Whitworth
Yancey



Representative Dubbin offered the following amendment:
Insert a new Section 2 to read:
Section 2. Notwithstanding the provisions of Section 1 hereof,
the total appropriations for each special or extraordinary session
shall not exceed a sum equal to $25,000.00 multiplied by the
total number of days of such session.
Renumber existing Section 2 as Section 3

Mr. Dubbin moved the adoption of the amendment which
failed of adoption.
On motion by Mr. Turlington, the rules were waived and SB
31-A, as amended, was read the third time by title. On passage,
the vote was:



Yeas-85
Mr. Speaker
Alvarez
Arnold
Baker
Baumgartner
Bevis
Blackburn
Bothwell
Brannen
Brantley
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Craig
Culbreath
D'Alemberte
Davis
Dixon
Dubbin
Elmore
Nays-20
Bassett
Bird
Caldwell
Crabtree
Danahy



Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Gorman
Graham
Grizzle
Harris
Hector
Hess
Holloway
James
Kershaw
Lancaster
Lewis
MacKay
Martinez, E. L.


Earle
Glisson
Gustafson
Hartnett
King



Matthews
Melvin
Miers
Moudry
Murphy
Nease
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Randell
Reed
Reedy
Reeves
Renick
Roberts
Rowell
Ryals
Sackett
Savage


Martinez, J.
Middlemas
Nergard
Prominski
Redman



Singleton
Smith
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitson
Whitworth
Wolfson
Woodward
Yancey





M. Rude
Sessums
Spicola
Stevens
Wood



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.


MESSAGES FROM THE SENATE
The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required constitutional two-thirds vote and passed-



December 8, 1969



59











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Senators Karl and Daniel-
SB 34-A-A bill to be entitled An act amending section
40.38, Florida Statutes, to include the county judges' courts in
counties with a population in excess of 120 000 which also
have a jury commission; providing an effective date.
and requests the concurrence of the House therein.

Respectfully,
Edwin G. Fraser
Secretary of the Senate
SB 34-A, contained in the above message, was placed
temporarily in the Committee on Rules & Calendar.

The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate requests the return of-
By Representative Reed and others--
HB 230-A bill to be entitled An act relating to candidates
for public office; amending section 99.012, Florida Statutes, to
provide that an individual who holds elective public office may
not qualify as a candidate for another public office; providing
an effective date.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
On motion by Mr. Reed, HB 230 was returned to the Senate
as requested.



The Honorable Frederick H. Schultz
Speaker, House of Representatives
Sir:



December 8, 1969



I am directed to inform the House of Representatives that
the Senate has passed by the required constitutional two-thirds
vote of all members present on December 8, 1969, the
Governor's objections to the contrary notwithstanding-
HB 990 (1969 Regular Session)
The Governor's objections attached thereto.

Respectfully,
Edwin G. Fraser
Secretary of the Senate
HB 990 (1969 Regular Session), contained in the above
message, was ordered certified to the Secretary of State.



The Honorable Frederick H. Schultz
Speaker, House of Representatives
Sir:



December 8, 1969



I am directed to inform the House of Representatives that
the Senate has receded from the Senate amendment and
passed-
HB 1738
Respectfully,
Edwin G. Fraser
Secretary of the Senate

HB 1738, contained in the above message, was ordered
enrolled.



The Honorable Frederick H. Schultz
Speaker, House of Representatives
Sir:



December 5, 1969



I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the



required constitutional two-thirds vote and passed by the re-
quired constitutional three-fifths vote-
HB 26-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate
HB 26-A, contained in the above message, was ordered en-
rolled.

The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives

Sir:
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required constitutional two-thirds vote and passed-
HJR 7-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate
HJR 7-A, contained in the above message, was ordered
enrolled.

The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-
HB 32-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate
HB 32-A, contained in the above message, was ordered
enrolled.
The Honorable Frederick H. Schultz December 8, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has concurred in House amendments to-
SB 26-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate


ENGROSSING REPORTS
December 8, 1969

Your Engrossing Clerk reports amendment to-
HB 51-A
-has been incorporated and the bill herewith returned.
-and the bill was ordered immediately certified to the
Senate.

December 8, 1969
Your Engrossing Clerk reports amendment to-
SB 31-A
-has been examined and the bill herewith returned.
-and the bill with amendment was ordered immediately
certified to the Senate.

Adjournment
On motion by Mr. Rowell, the House adjourned at 5:05 P.M.
to reconvene at 10:00 A.M. tomorrow.



60



December 8, 1969












THE JOURNAL OF THE FLORIDA



House of Representatives


PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION



TUESDAY, DECEMBER 9, 1969



The House was called to order by the Speaker at 10:00 A.M.
The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore



Featherstone Martinez, J. M. Sackett
Firestone Matthews Savage
Fortune McNulty Sessums
Fulford Melvin Singleton
Gallen Middlemas Smith
Gautier Miers Spicola
Gibson Mixson Stafford
Gillespie Moudry Stevens
Glisson Murphy Sweeny
Gorman Nease Tillman, J. K.
Graham Nergard Tillman, R. J.
Grizzle Ogden Tobiassen
Gustafson Pettigrew Tucker
Harris Poorbaugh Tyre
Hartnett Powell Tyrrell
Heath Pratt Ward
Hector Prominski Ware
Hess Randell West
Hodes Redman Westberry
Holloway Reed Whitson
James Reedy Whitworth
Jordan Reeves Wilson
Kershaw Register Wolfson
King Renick Wood
Lancaster Roberts Woodward
Lewis Robinson Yancey
Lindsey Rowell
MacKay Rude
Martinez, E. L. Ryals



Excused: Representatives Crider, Fleece, Nichols, Shaw, and
Walker. Also Representative Turlington for the morning session.
A quorum was present.


Prayer
Prayer by The Reverend Warren H. Rush, Pastor of Parkway
Baptist Church of Tallahassee:
I am grateful, Dear Heavenly Father, this morning that a
body such as this would invite a minister of the gospel of
Christ, such as I, to come before it to focus its attention
directly upon you for a few moments before entering into
its business. I am thankful that with this invitation to
invoke Thy blessings upon them, they have publicly and
unashamedly acknowledged their belief in Thee and also
their dependency upon Thee for divine guidance. May each
one here seek after Thee for Thy guidance as great men
and women of the past have sought after Thee. We are
grateful for the example of Moses who had the
responsibility for the government and decision making for
millions of Thy children. When he was bewildered,
frustrated, and overwhelmed with the size of his task, and
about to throw in the towel and call it quits, he decided to
seek Thy guidance, and when he did, Thou gave him a
wonderful plan to govern Thy people. We are indeed
indebted to Thee also for the example of the great
Solomon, that when he took over the reigns of government
from his father, David, he came to Thee for help. He
humbled himself as we all should and admitted that he was
as a "little child" and that he did "not know how to go
out or come in." Then Thou came to him and imparted



divine wisdom to rule one of the greatest nations of the
earth. Now as this body goes into session to play the
serious game of law and politics, Thou has provided two
guidelines or boundaries on their playing field for which we
are grateful: on the one side is Thy written word, the
Bible; and" on the other side of the field is Thy living word
the son of God. May we all remember that any so-called
progress made outside of these boundaries do not add to
the score but add to disappointments and troubles. In these
serious days please help these to face the challenge at hand
and to permit their lives to be channels through which Thy
will will be done for the State of Florida to the glory of
God. In Jesus name we pray, Amen.


The Journal
The Journal of December 8 was approved.


Motions Relating to Committee Reference
Mr. Rude moved that the rules be waived and HB 44-A be
withdrawn from the Committees on Transportation, Finance &
Taxation, and Appropriations and taken up instanter.
Mr. Rude suggested the absence of a quorum. A quorum of
94 Members was present.
The question recurred on the motion by Mr. Rude, which
was not agreed to. The vote was:



Yeas-34
Bassett
Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Dixon
Earle
Nays-62
Alvarez
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Clark, Dick
Clark, J. R.
Conway
Culbreath
D'Alemberte
Dubbin
Elmore
Featherstone



Fleece
Fulford
Gibson
Gorman
Grizzle
Gustafson
Heath
Jordan
Lindsey


Firestone
Fortune
Gallen
Gillespie
Graham
Harris
Hector
Hess
Hodes
Holloway
Kershaw
Lancaster
Lewis
MacKay
Matthews
Melvin



McNulty
Moudry
Murphy
Nease
Poorbaugh
Prominski
Rude
Sackett
Savage


Middlemas
Mixson
Ogden
Pettigrew
Powell
Pratt
Randell
Redman
Reedy
Reeves
Register
Renick
Roberts
Rowell
Ryals
Sessums



Stafford
Tillman, J. K.
Ward
Ware
Whitson
Wilson
Wood




Singleton
Smith
Spicola
Sweeny
Tobiassen
Tucker
Tyre
Tyrrell
West
Westberry
Whitworth
Wolfson
Woodward
Yancey



Representatives James, J. Martinez and Reed were recorded as
voting Yea. Representative Gautier was recorded as voting Nay.
Representatives Dixon and McNulty changed their votes from
Yea to Nay.



61












JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Rude moved that the rules be waived and HB 15-A be
withdrawn from the Committees on Transportation, Finance &
Taxation, and Appropriations and taken up instanter.

Pending consideration thereof-

Mr. Wolfson moved that debate be limited to five minutes per
side, which was not agreed to.

Mr. Featherstone moved that the House reconsider the vote
by which the motion to limit debate was not agreed to, which
was agreed to.
The question recurred on the motion by Mr. Wolfson that
debate be limited to five minutes per side, which was agreed to.
The vote was:

Yeas-60



D'Alemberte
Danahy
Dixon
Dubbin
Featherstone
Firestone
Fortune
Fulford
Gallen
Gillespie
Graham
Harris
Hartnett
Hector
Holloway


Glisson
Gorman
Grizzle
Gustafson
Heath
Hess
James
Lindsey
MacKay
Martinez, J. M.
McNulty



Kershaw
Lancaster
Lewis
Matthews
Melvin
Middlemas
Miers
Mixson
Ogden
Reedy
Renick
Roberts
Rowell
Ryals
Sackett


Moudry
Murphy
Nease
Nergard
Poorbaugh
Powell
Pratt
Prominski
Reed
Robinson
Rude



Sessums
Singleton
Smith
Spicola
Sweeny
Tyre
Tyrrell
Ware
West
Westberry
Whitworth
Wilson
Wolfson
Woodward
Yancey


Savage
Stafford
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Ward
Wood



Representative Randell was recorded as voting Yea.
The question recurred on the motion by Mr. Rude that the
rules be waived and HB 15-A be withdrawn from the
Committees on Transportation, Finance & Taxation, and
Appropriations and be taken up, which was not agreed to. The
vote was:
Yeas-42



Gibson
Glisson
Gorman
Gustafson
Heath
Hess
James
Jordan
King
Lindsey
Martinez, J.



Craig
Culbreath
D'Alemberte
Danahy
Dubbin
Elmore
Featherstone
Firestone
Fortune
Gautier
Gillespie
Graham
Harris



McNulty
Moudry
Murphy
Nease
Nergard
Poorbaugh
Powell
Pratt
Prominski
Reed
M. Robinson



Hector
Hodes
Holloway
Kershaw
Lancaster
Lewis
MacKay
Martinez, I
Matthews
Melvin
Middlemas
Miers
Mixson



Rude
Stafford
Tillman, J. K.
Tillman, R. J.
Tobiassen
Ward
Ware
Whitson
Wood



Singleton
Smith
Spicola
Stevens



Sweeny
Tucker
Tyre
Tyrrell



West
Westberry
Whitworth
Wilson



Wolfson
Woodward
Yancey



Mr. McNulty moved that the rules be waived and HCR 54-A
be withdrawn from the Committees on Transportation and
Appropriations and taken up instanter:

On motion by Mr. Brantley, the motion by Mr. McNulty was
laid on the table. The vote was:



Yeas-63
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Chapman
Clark, Dick
Clark, J. R.
Conway
Craig
Dixon

Nays-38

Bassett
Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Earle
Gibson
Glisson



Dubbin
Elmore
Featherstone
Firestone
Fortune
Fulford
Gautier
Gillespie
Graham
Harris
Hector
Hess
Hodes
Holloway
Kershaw
Lancaster



Gorman
Gustafson
Heath
James
Jordan
King
Lindsey
Martinez, J.
McNulty
Moudry



Lewis
MacKay
Martinez, E. L.
Matthews
Melvin
Middlemas
Miers
Mixson
Ogden
Pettigrew
Randell
Redman
Reeves
Renick
Roberts
Rowell



Murphy
Nease
Nergard
Poorbaugh
Powell
Prominski
Reed
M. Robinson
Rude
Savage



Ryals
Sackett
Singleton
Smith
Stevens
Sweeny
Tobiassen
Tyre
Tyrrell
West
Westberry
Whitworth
Wolfson
Woodward
Yancey



Stafford
Tillman, J. K.
Tillman, R. J.
Ward
Ware
Whitson
Wilson
Wood



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bevis
Blackburn
Brannen
Brantley
Chapman -
Clark, David
Clark, Dick
Clark, J. R.
Conway
Culbreath
Nays-41
Bassett
Baumgartner
Bird
Bothwell
Caldwell
Crabtree
Craig
Davis
Earle
Elmore
Gibson



December 8, 1969



Sir:



Ogden
Pettigrew
Randell
Redman
Reedy
Reeves
Renick
3. L. Roberts
Rowell
Ryals
Sackett
Savage
Sessums



I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed with
amendments-

By Representative Wolfson-
HB 33-A-A bill to be entitled An act relating to bonds or
other obligations; allowing bonds issued by counties,
municipalities or other political subdivisions or public agencies
to bear interest at a rate deemed advisable by the governing
bodies thereof; providing a maximum rate of seven percent
(7%); repealing conflicting laws or parts of laws; providing an
effective date.



INTRODUCTION AND REFERENCE

By the Committee on State Institutions and Representative
Baker-
HB 55-A-A bill to be entitled An act relating to Dorr Field;
repealing section 393.014, Florida Statutes; authorizing the
secretary of the department of health and rehabilitative services
to establish a correctional institution at Dorr Field; providing
an effective date.

-was placed temporarily in the Committee on Rules &
Calendar.


MESSAGE FROM THE SENATE



Bassett
Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Dixon
Earle
Fulford
Gallen

Nays-67

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley.
Clark, Dick
Clark, J. R.
Conway



The Honorable Frederick H. Schultz
Speaker, House of Representatives



62



December 9, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Amendment 1

In Section 1, line 21 page 1, strike all of section 1 after the
words "not to exceed' and insert the following: seven and
one-half percent (71/%) per annum.

Amendment 2
In title, lines 10 and 11, page 1, strike "seven percent (7%)"
and insert the following: seven and one-half percent (71/%) per
annum

Amendment 3

In Section 2, line 30, page 1, strike the period and insert the
following:

provided that nothing contained herein shall affect or apply
to any act authorizing bonds or other obligations having a
higher interest rate limitation or no interest rate limitation.

and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

On motions by Mr. Wolfson, the House concurred in Senate
Amendments 1, 2, and 3 to HB 33-A.

The question recurred on the passage of HB 33-A, as
amended by Senate amendments. The vote was:



Elmore
Featherstone
Firestone
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Gorman
Graham
Harris
Hector
Hess
Hodes
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey


Heath
McNulty
Nergard
Pratt



MacKay
Martinez, E. L.
Martinez, J. M.
Matthews
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reedy
Reeves
Renick
Roberts


Reed
Savage
Stafford
Tobiassen



Rowell
Ryals
Sackett
Sessums
Singleton
Smith
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tucker
Tyre
Tyrrell
Ward
Ware
Westberry
Whitson
Whitworth
Wolfson
Woodward
Yancey



West
Wilson
Wood



Representative Danahy was recorded as voting Yea.



So the bill passed, as amended by Senate amendments. The
action of the House was ordered certified to the Senate and the
bill was ordered engrossed.



REPORT OF STANDING COMMITTEE
The Committee on General Legislation recommends the
following pass; the veto of the Governor to the contrary
notwithstanding:

SB 661 (69)

The bill was placed in the Committee on Rules & Calendar.



Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Frederick H. Schultz December 9, 1969
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar has approved the
following bills for introduction:
SB 34-A SM 33-A HB 55-A
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.


INTRODUCTION AND REFERENCE
SB 34-A-A bill to be entitled An act amending section
40.38, Florida Statutes, to include the county judges' courts in
counties with a population in excess of 120,000 which also
have a jury commission; providing an effective date.
On motion by Mr. Sweeny, agreed to by the required
Constitutional two-thirds vote, SB 34-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and placed in the
Committee on Rules & Calendar.

SM 33-A-A Memorial to the Congress of the United States
urging acceleration of the finalization of the application for
American citizenship of Carlos Alvarez.
On motion by Mr. Brantley, agreed to by the required
Constitutional two-thirds vote, SM 33-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The memorial was read the first time and placed in the
Committee on Rules & Calendar.

HB 55-A-A bill to be entitled An act relating to Dorr Field;
repealing section 393.014, Florida Statutes; authorizing the
secretary of the department of health and rehabilitative services
to establish a correctional institution at Dorr Field; providing
an effective date.
On motion by Mr. Randell, agreed to by the required
Constitutional two-thirds vote, HB 55-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.
The bill was read the first time by title and placed in the
Committee on Rules & Calendar.


Report of the Committee on Rules & Calendar

The following report was read:
The Honorable Frederick H. Schultz December 9, 1969
Speaker, House of Representatives
Sir:

Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Tuesday,
December 9, 1969, the consideration of the following bills:
SB 34-A SM 33-A HB 55-A



Yeas-87
Mr. Speaker
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Craig
D'Alemberte
Davis
Dixon
Dubbin

Nays-15
Alvarez
Caldwell
Earle
Glisson



63



December 9, 1969











JOURNAL OF THE HOUSE OF REPRESENTATIVES



A quorum of the Committee was present in person and a
majority of those present agreed to the above Report.

Respectfully submitted,
E. C. ROWELL
Chairman Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.



CONSIDERATION OF THE SPECIAL ORDER
SB 34-A-A bill to be entitled An act amending section
40.38, Florida Statutes, to include the county judges' courts in
counties with a population in excess of 120,000 which also
have a jury commission; providing an effective date.
-was taken up. On motions by Mr. Sweeny the rules were
waived and SB 34-A was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-104



Earle
Elmore
Featherstone
Firestone
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Gustafson
Harris
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis



Lindsey
MacKay
Martinez, E. L.
Matthews
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Randell
Redman
Reed
Reedy
Reeves
Renick
Roberts
Robinson
Rowell



Martinez, J. M. Prominski



Ryals
Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey


Rude



So the bill passed and was ordered immediately certified to
the Senate.

SM 33-A-A Memorial to the Congress of the United States
urging acceleration of the finalization of the application for
American citizenship of Carlos Alvarez.

WHEREAS, Carlos Alvarez was born April 1, 1950, in
Havana Cuba, the son of Licinio and Isolina Alvarez. He has a
sister, Ana, and two brothers, Arthur and Caesar, and

WHEREAS, Carlos Alvarez became a resident of the United
States in 1960 at Miami Florida, and after attending North
Miami High School for four years, became a student at the
University of Florida at Gainesville, which school is also
attended by his two brothers, one being a senior in pre-law, the
other in graduate school, and

WHEREAS Carlos Alvarez not only has ever maintained an
excellent academic record, a B plus average, and is presently a
major in pre-law, he also enjoys an enviable renown in the area
of athletics being the youngest player ever named to the
American Football Coaches Association All American Team,
having to his credit the breaking of eight Southeastern
Conference pass receiving records; of the larger All American
designations, he has made four of six, and has made more All
American teams than any sophomore since Doak Walker, SMU,
in 1947, and



December 9, 1969



WHEREAS, Licinio Alvarez, the father of Carlos Alvarez, was
engaged in the practice of law in Cuba and now has an
established business in Miami, Florida, and
WHEREAS, it is the long range goal and aspiration of Carlos
Alvarez to establish a law firm in Miami, Florida, to which end
he is bending his academic efforts, and in furtherance of which
he has a great need to obtain the status of American citizenship
which he does not possess at the present time, and
WHEREAS there are so exemplified in the work, activities,
pursuits, and accomplishments of Carlos Alvarez those rare
qualities of honesty, integrity, earnest effort, and exceptional
sportsmanship, that his naturalization and inclusion as one of
our people would prove a valuable asset to the citizenry of this
country, NOW, THEREFORE,
Be It Resolved by the Legislature of the State of Florida:
THAT the Congress of the United States is urged to lend its
efforts to any end which may accelerate the finalization of the
application of Carlos Alvarez for American citizenship.
BE IT FURTHER RESOLVED that copies of this Memorial
be dispatched to the President of the United States, to the
President of the United States Senate, to the Speaker of the
United States House of Representatives, and to each member of
the Florida delegation to the United States Congress.
-was taken up. On motions by Mr. Brantley, the rules were
waived and SM 33-A was read the second time in full, adopted
and ordered immediately certified to the Senate.


Vetoed Bill
SB 661 (1969 Regular Session)-An act relating to state
attorneys; amending Section 27.14, Florida Statutes,
authorizing the Governor to order an exchange of state
attorneys for good and sufficient reasons; providing that any
exchange or assignment of any state attorney for a period in
excess of sixty (60) days in any one calendar year must be
approved by order of the Supreme Court of Florida upon
application of the Governor showing good and sufficient cause
to extend such exchange or assignment; amending Section
27.15, Florida Statutes, authorizing the Governor, for good and
sufficient reasons, to require any state attorney to proceed to
any place in the state to assist another state attorney; providing
for expenses; providing an effective date.
-was taken up, together with the following veto message:

Honorable Tom Adams July 3, 1969
Secretary of State
Dear Sir:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections Senate Bill 661, enacted by the Legislature of 1969,
and entitled:
An act relating to state attorneys; amending Section 27.14,
Florida Statutes, authorizing the Governor to order an
exchange of state attorneys for good and sufficient reasons;
providing that any exchange or assignment of any state
attorney for a period in excess of sixty (60) days in any
one calendar year must be approved by order of the
supreme court of Florida upon application of the Governor
showing good and sufficient cause to extend such exchange
or assignment; amending Section 27.15, Florida Statutes,
authorizing the Governor, for good and sufficient reasons,
to require any state attorney to proceed to any place in the
state to assist another state attorney; providing for
expenses; providing an effective date.
The Legislature has enacted Senate Bill 661, in an effort to
place unnecessary restriction on the exercise of the Governor's
power to exchange state attorneys. For many reasons this bill is
not satisfactory and should not become law. The primary
consideration is that on the issuance of an executive order such
order should be given immediate effect not subject it to
considerable delay which could be detrimental to the purpose
and objectives of such order.



64



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Nays-4
Caldwell











December 9, 1969



JOURNAL OF THE HOUSE OF REPRESENTATIVES



The courts have determined that a Governor's executive order
is valid if the Chief Executive is of the opinion that the ends of
justice would best be served by the issuance of his order. To
allow this bill to become law would be opening a "Pandora's
box" in that each and every executive order requiring an
exchange of state attorneys would be subject to attack on the
grounds that "good and sufficient reason' was not stated. This
would place the judiciary in the untenable position of
substituting its own judgment for that of the Chief Executive
contrary to the separation of powers doctrine.
No procedure is set forth in the bill which would make
exception to the requirement of good and sufficient reason in
specific circumstances where the ends of justice may best be
served by not setting forth publicly those reasons for requiring
an exchange of state attorneys.
For the above reasons, I am withholding my approval from
Senate Bill 66.1, 1969 Session of the Legislature and do hereby
veto the same.
Sincerely,
CLAUDE R. KIRK, JR.
Governor
Mr. Matthews moved that SB 661 (1969 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
A quorum call was suggested. A quorum of 102 Members was
present.



The question recurred
was:
Yeas-74



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Clark, Dick
Clark, J. R.
Conway
Craig
Culbreath
D'Alemberte
Dubbin
Elmore
Featherstone'

Nays-30
Bassett
Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Dixon



Firestone
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Harris
Hartnett
Hector
Hodes
Holloway
Kershaw
Lancaster
Lewis
Martinez, E.
Matthews
McNulty
Melvin


Earle
Gibson
Glisson
Gorman
Grizzle
Gustafson
Heath
James



on the passage of the bill. The vote



Middlemas Smith
Miers Stevens
Mixson Sweeny
Murphy Tillman, R. J.
Nease Tobiassen
Ogden Tucker
Pettigrew Tyre
Pratt Tyrrell
Randell Ware
Redman West
Reedy Westberry
Reeves Whitson
Roberts Whitworth
Robinson Wilson
Rowell Wolfson
L. Ryals Woodward
Sackett Yancey
Sessums
Singleton


Jordan Reed
King Rude
Lindsey Savage
Martinez, J. M. Stafford
Moudry Ward
Nergard Wood
Powell
Prominski



CONTINUATION OF CONSIDERATION
OF THE SPECIAL ORDER

HB 55-A-A bill to be entitled An act relating to Dorr Field;
repealing section 393.014, Florida Statutes; authorizing the
secretary of the department of health and rehabilitative services
to establish a correctional institution at Dorr Field; providing
an effective date.

-was taken up. On motions by Mr. Randell, the rules were
waived and HB 55-A was read the second time by title and the
third time by title. On passage, the vote was:
Yeas-94



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Clark, David
Clark, Dick
Clark, J. R.
Conway
Craig
Culbreath
D'Alemberte
Davis
Dixon
Dubbin
Nays-5



Earle
Elmore
Featherstone
Firestone
Fortune
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Harris
Heath
Hector
Hess
Holloway
James
Jordan
Kershaw
Lancaster
Lewis
Lindsey



Martinez, J. M. Prominski
McNulty



MacKay
Martinez, E.
Matthews
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Ogden
Pettigrew
Powell
Randell
Redman
Reed
Reedy
Reeves
Renick
Roberts
Robinson
Rowell
Ryals



Rude



Sackett
L. Savage
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny
Tobiassen
Tucker
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitworth
Wilson
Wolfson
Woodward
Yancey



Tillman, R. J.



Representative Hodes was recorded as voting Yea.
So the bill passed and was ordered immediately certified to
the Senate.


Adjournment

On motion by Mr. Rowell the House adjourned at 11:35
A.M. to reconvene at 2:00 P.M. today.


AFTERNOON SESSION

The House was called to order by the Speaker at 2:00 P.M.

The following Members were recorded present:,



Representative Spicola refrained from voting. Representative
Dixon changed his vote from Nay to Yea.
So SB 661 (1969 Regular Session) passed by the required
Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained and the bill was
ordered immediately certified to the Senate.


EXPLANATION FOR NOT VOTING
I refrain from voting on Senate Bill 661 due to the fact that
my brother, Joseph G. Spicola, Jr. is presently serving as State
Attorney in and for the Thirteenth Judicial Circuit
(Hillsborough County), to foreclose any possible conflict of
interest I may have on this matter.

Representative Guy W. Spicola



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway



Crabtree
Craig
Culbreath
D'Alemberte
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson



Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey
MacKay



Martinez, E. L.
Martinez, J. M.
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell



65











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Ryals
Sackett
Savage
Sessums
Singleton
Smith
Spicola
Stafford
Stevens
Sweeny



Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West



Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



A quorum was present.



Recess

On motion by Mr. Reed, the House stood
P.M. until 2:20 P.M. The vote was:

Yeas-78



Alvarez
Arnold
Baker
Bassett
Bevis
Bird
Blackburn
Bothwell
Caldwell
Clark, David
Clark, Dick
Crabtree
Craig
Danahy
Davis
Dixon
Earle
Elmore
Fortune
Fulford

Nays-24
Mr. Speaker
Andrews
Baumgartner
Brannen
Conway
D'Alemberte



Gallen Melvin
Gautier Middlemas
Gibson Miers
Glisson Moudry
Gorman Murphy
Graham Nease
Grizzle Nergard
Gustafson Ogden
Hartnett Poorbaugh
Hector Powell
Hess Pratt
Hodes Prominski
James Redman
Jordan Reed
Kershaw Reedy
King Reeves
Lindsey Register
MacKay Renick
Martinez, J. M. Roberts
McNulty Robinson



Dubbin
Featherstone
Gillespie
Holloway
Lancaster
Martinez, E. L.



Mixson
Randell
Rowell
Ryals
Singleton
Smith



in recess at 2:03




Rude
Sackett
Savage
Sessums
Spicola
Stafford
Stevens
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Ward
Ware
Westberry
Whitson
Whitworth
Wilson
Wood



Tyre
Tyrrell
West
Wolfson
Woodward
Yancey



Representatives D'Alemberte and Wolfson changed their votes
from Nay to Yea.


Reconvened

The House was called to order by the Speaker at 2:20 P.M.

A quorum was present.




INTRODUCTION AND REFERENCE
By Representative Bevis-
HB 56-A-A bill to be entitled An act relating to elections;
amending section 99.061(1) (2) and (3), Florida Statutes, as
amended by section 5, chapter 69-281, Laws of Florida,
changing the dates for filing qualification papers and paying
fees; providing an effective date.
-was read the first time by title and referred to the
Committees on Elections and Rules & Calendar.
By Representative Arnold-
HR 57-A-A House Resolution directing the Transportation
Committee to study public transportation systems of the state,
and to report its findings and recommendations to the 1970
session of the Legislature.



Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude



MESSAGES FROM THE SENATE



The Honorable Frederick H. Schultz
Speaker, House of Representatives
Sir:



December 9, 1969



I am directed to inform the House of Representatives that
the Senate has passed-
By the Committee on Transportation-

CS for SB 12-A-A bill to be entitled An act relating to the
department of transportation; creating a state transportation
board to be appointed by the Governor and providing an
effective date.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate
CS for SB 12-A, contained in the above message, was read
the first time by title and referred to the Committee on
Transportation.



-was read the first time and referred to the Committee on
Transportation.
By Representative Gallen-
HB 58-A-A bill to be entitled An act amending Section 10
of Special Act 65-1607 (Senate Bill 1472) enacted by the 1965
Florida State Legislature allowing the Hospital District Board of
Hardee County, Florida to borrow money for periods of time
not exceeding five (5) years at any one (1) time and providing
that the Hospital District Board of Hardee County, Florida
shall be allowed to agree to pay interest rates not to exceed
nine percent (9%) per annum, simple interest; and providing for
an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

By Representative Gallen-
HB 59-A-A bill to be entitled An act relating to the City of
Wauchula, Hardee county, pension system for certain officers
and employees; amending section 5 of Chapter 26300, Laws of
Florida, 1949, as amended by Chapter 27969, Laws of Florida,
1951, and Chapter 59-1965, Laws of Florida, House Bill No.
1592, Laws of Florida 1969; amending Section 4 Paragraph B
of Chapter 59-1965, Laws of Florida; amending Section 5
Paragraph 4 of Chapter 59-1965, Laws of Florida; providing
that employees having twenty-five (25) years' continuous
service with said city shall be eligible for retirement; providing
that certain employees who have reached sixty (60) years of
age shall be eligible for retirement; providing that said
employees shall receive a certain monthly sum in relation to
their monthly salaries; providing payments to spouse in case of
death of employee having ten (10) years service or more;
providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.
By Representative Rowell-
HCR 60-A-A concurrent resolution providing for sine die
adjournment of the 1969 special session.
Be It Resolved by the House of Representatives of the State of
Florida, the Senate Concurring:
Section 1. This 1969 special session of the Legislature shall
adjourn sine die at 5:00 P. M. on Wednesday, December 10,
1969.
-was read the first time.
On motions by Mr. Rowell, the rules were waived and HCR
60-A was read the second time by title, adopted and ordered
immediately certified to the Senate.



December 9, 1969



66











JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 9, 1969



Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed as
amended-

By Senator Askew and others-

SB 30-A-A bill to be entitled An act relating to elected
public officers; giving definitions; requiring the filing of annual
statements of any contributions received and expenditures made
from such contributions; providing penalties; providing an
effective date.
and requests the concurrence of the House therein.

Respectfully,
Edwin G. Fraser
Secretary of the Senate
-was placed temporarily in the Committee on Rules &
Calendar.



The Honorable Frederick H. Schultz
Speaker, House of Representatives
Sir:



December 9, 1969



I am directed to inform the House of Representatives that
the Senate has adopted with amendment-

By the Committee on Transportation-

HCR 41-A-A House Concurrent Resolution creating a select
joint committee to study public transportation systems of the
state, and to report its findings and recommendations to the
1970 session of the Legislature.
Which amendment reads as follows-
Strike all after title through the WHEREAS clauses.
On page 3 line 25, strike the period and add: (8) members
of House and (8) members of Senate.
and requests the concurrence of the House therein.
Respectfully,
Edwin G. Fraser
Secretary of the Senate

Mr. Crabtree called a point of order that under the rules of
the House a substantive amendment may be offered only to a
single section of a bill or resolution. The pending Senate
amendment to HCR 41-A, however, seeks to amend two
separate sections, by deleting the whereas clauses and by adding
new language to page 3. Mr. Crabtree suggested this coupling
was out of order.
The Speaker said the Senate's rules differed from those of the
House. If this were a House amendment, continued the
Speaker, he would probably rule it should be handled in two
separate amendments. However, since it was a Senate
amendment before the House, the Chair would rule that it is a
divisible question. The Speaker said the amendment could be
treated in its present form either as a single amendment or, if
someone calls for a division of the question, could be con-
sidered in two parts.
Mr. Tyre moved that the House refuse to concur in the
Senate amendment to HCR 41-A and request the Senate to
recede therefrom. Pending consideration thereof-
Mr. Crabtree called for a division of the question and then
moved that the House concur in the first portion of the
amendment and refuse to concur in the second portion of the
amendment.
On separate votes, the House refused to concur in the first
portion of the amendment, relating to the whereas clauses, and
requested the Senate to recede therefrom and the House



The Honorable Frederick H. Schultz
Speaker, House of Representatives



IN WITNESS WHEREOF, I have
hereunto set my hand and caused
the Great Seal of the State of
Florida to be affixed to this
Proclamation, at Tallahassee, this 9
day of December, 1969.
CLAUDE R. KIRK, JR.
Governor



ATTEST:
TOM ADAMS
Secretary of State


INTRODUCTION AND REFERENCE
By Representative Turlington (by request)-
HB 61-A-A bill to be entitled An act relating to the
department of general services, division of building construction



concurred in the second portion of the amendment, relating to
membership of the joint committee.

The action of the House together with HCR 41-A and the
Senate amendment thereto was ordered immediately certified to
the Senate.


Recess

On motion by Mr. Rowell, the House stood in recess at 3:30
to reconvene upon call of the Speaker..


Reconvened

The House was called to order by the Speaker at 3:45 P.M.

A quorum was present.

The following Proclamation of the Governor was read:


PROCLAMATION

TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:

WHEREAS, on November 7, 1969, I issued a Proclamation
calling the Legislature into special session for ten days
commencing on December 1, 1969, for the sole and exclusive
purpose of adopting legislation to implement and properly fund
the sixteen-year road building program for the state of Florida
and to select 1970 election primary dates, and

WHEREAS, I have been advised by the Executive Director of
the Department of Highway Safety and Motor Vehicles that a
projected deficit in excess of $700,000 exists in that
Department requiring an emergency appropriation in order that
the services provided by that Department will not be curtailed
or adversely affected, and

WHEREAS by reason of that emergency, it is in the best
interest of the citizens of the State that the special session
heretofore called for the purpose hereinabove stated be
expanded to include consideration of an appropriation to
resolve this serious problem.

NOW, THEREFORE, I, Claude R. Kirk, Jr., as Governor of
the State of Florida, by virtue of the authority vested in me by
Article III, Section 3(c)(1) do hereby expand the Proclamation
issued on November 7, 1969, calling the Legislature into special
session on December 1, 1969, to include during the ten day
period provided in such Proclamation consideration of an
appropriation as a result of the projected deficit existing in the
Department of Highway Safety and Motor Vehicles which shall
be the sole and exclusive purpose of this expanded call.



December 9, 1969



67











68 JOURNAL OF THE HOUSE OF REPRESENTATIVES December 9, 1969

and maintenance; providing an appropriation; providing an ENGROSSING REPORT
effective date. December 9. 1969
-was placed temporarily in the Committee on Rules & Your Engrossing Clerk reports amendments to-
Calendar.
HB 33-A
By Representative Turlington (by request)- -have been incorporated and the bill herewith returned.

HB 62-A-A bill to be entitled An act appropriating $700,000 -and the bill was ordered enrolled
from the general revenue fund to the department of highway
safety and motor vehicles for expenses; providing an effective
date. Adjournment
-was read the first time by title and referred to the On motion by Mr. Rowell, the House adjourned at 3:50 P.M.
Committee on Appropriations. to reconvene at 9:00 A.M. tomorrow.












THE JOURNAL OF THE FLORIDA



House of Representatives


PROCEEDINGS AT TALLAHASSEE OF THE FIRST LEGISLATURE
[under the Constitution as Revised in 1968]
SPECIAL SESSION



WEDNESDAY, DECEMBER 10, 1969



The House was called to order by the Speaker at 9:00 A.M.
The following Members were recorded present:



Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lancaster
Lewis
Lindsey
MacKay
Martinez, E. L.
Martinez, J. M.
Matthews



McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Sackett



Savage
Sessums
Singleton
Smith
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Excused: Representatives Caldwell, Crider, Culbreath,
D'Alemberte, Fleece, King, Redman, Shaw, Spicola, and Walker.
Representative Gallen was excused after 10:00 o'clock.
A quorum was present.



Prayer
Prayer by The Reverend R. P. Tomberlin, Jr., Pastor of
Seminole Baptist Church of Tallahassee:
Our Father, we come before Thee this morning in the
Name of our Lord Jesus Christ, asking that You would hear
the words of our mouth and the meditations of our heart,
and so lead us that these will be acceptable in Thy sight.
Father, I pray that You would help this group to
understand the full meaning of Your words wherein You
have said, 'Greater is he that ruleth himself, than he that
ruleth a city'. These are here because they have been
elected to represent the best interests of all the people. In
the process of weighing and evaluating all matters relating
to the people of our State, many pressure groups and
special interest groups will strive to get them to throw
many extraneous matters into the balances that will favor
the select few instead of the silent majority. Father, so
speak to the hearts of each one that they will be
emboldened to so personify those basic principles of
democracy and decency, that every decision will be
wrought out in terms of a personal dedication and
faithfulness towards those trusts invested in each one, so
that in years to come they will be enabled to live with
themselves in a clear conscience, and with their fellowman
unashamedly. Father, in all the differences that shall arise



69



because of varied views and backgrounds, in all the debates
that shall ensue, and in all the political manuevering that
shall result, somehow make Your Spirit to infill, undergird
and guide that there will be welded here a lasting sense of
real fellowship, and thus insure good government for our
fair State. I pray that these requests here rendered unto
You will not be made to be a mockery in Your sight by
being afterwards printed and then ignored, but Father,
grant that these things may become guiding principles of
conduct during these days of tremendous and lasting
responsibility. And Father, grant that the procedure of
opening each session with prayer not be just a formality to
be endured, but so bless that it will be a serious moment of
soul searching that each one will personally engage in,
before daring to put forth their hands to the task of
making laws that will touch and affect the lives of every
person in our State. Thank You for permitting us to come
into Your presence this morning, in the most Blessed Name
of Jesus we pray .... Amen.



The Journal
The Journal of December 9 was approved.
The Journal of December 4, further corrected as follows, was
approved: On page 28, column 2, line 11 from the top, strike
"mayor" and insert "major". On page 31, column 1, lines 33,
34, 40, and 41 from the top, strike "SB 17-A" and insert "CS
for SB 17-A". On page 33, column 2 line 29 from the bottom,
strike "SB 25-A" and insert "HB 25-A".
The Journal of December 5, further corrected as follows, was
approved: On page 39, column 1, after line 35 from the top
insert "On motion by Mr. Stevens, agreed to by the required
Constitutional two-thirds vote, HB 42-A was admitted for intro-
duction and consideration by the House, the Speaker having
ruled that the measure was not within the purview of the
Governor's call."


Co-introducers
Representative Earle was given permission to be recorded as a
co-introducer of HB's 3-A, 4-A, 5-A, and 6-A.
Representative Danahy was given permission to be recorded
as a co-introducer of HB 49-A.



Introduction and Reference
By Representatives Sessums, Blackburn Redman, E. L.
Martinez,Hodes, Stevens, Ryals, Danahy, and Spicola-
HB 63-A-A bill to be entitled An act relating to School
Boards in counties having a population of more than three
hundred ninety thousand (390 000) according to the latest
official decennial census; providing for the School Boards to
enter into agreements for group insurance for the benefit of
retired teachers of the public schools, to provide for
contributions by said boards to the premiums therefore and to
do and perform all things necessary to provide and carry out
such group insurance, providing an effective date.



Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone












70



JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was placed temporarily in the Committee on Rules &
Calendar.


Recess

On motion by Mr. Rowell the House stood in recess at 9:05
A.M. for the purpose of a meeting of the Committee on Rules
& Calendar.


Reconvened

The House was called to order by the Speaker at 9:12 A.M.

A quorum was present.



Report of Standing Committee
The Committee on Appropriations recommends the following
pass:

HB 62-A, with amendment (fiscal note attached)

The bill was placed in the Committee on Rules & Calendar.



Report of the Committee on Rules & Calendar
The following report was read:



The Honorable Frederick H. Schultz
Speaker, House of Representatives



December 10, 1969



Sir:
Your Committee on Rules & Calendar has approved the
following bills for introduction:
HB 63-A

A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
E. C. Rowell
Chairman, Committee on
Rules & Calendar

On motion by Mr. Rowell, the above report was adopted.



Introduction and Reference

HB 63-A-A bill to be entitled An act relating to School
Boards in counties having a population of more than three
hundred ninety thousand (390,000) according to the latest
official decennial census; providing for the School Boards to
enter into agreements for group insurance for the benefit of
retired teachers of the public schools, to provide for
contributions by said boards to the premiums therefore and to
do and perform all things necessary to provide and carry out
such group insurance, providing an effective date.

On motion by Mr. Ryals, agreed to by the required
Constitutional two-thirds vote, HB 63-A was admitted for
introduction and consideration by the House, the Speaker
having ruled that the measure was not within the purview of
the Governor's call.

The bill was read the first time by title and placed in the
Committee on Rules & Calendar.


Report of the Committee on Rules & Calendar

The following report was read:



The Honorable Frederick H. Schultz
Speaker, House of Representatives
Sir:



December 10, 1969

December 10, 1969



Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Wednesday,
December 10, 1969, the consideration of the following bills:
HB 62-A
HB 63-A

A quorum of the Committee was present in person, and a
majority of those present agreed to above Report.
Respectfully submitted,
E. C. Rowell
Chairman, Committee on
Rules & Calendar
On motion by Mr. Rowell, the above report was adopted.


Printing of HB 3326
Mr. Gautier moved that the rules be waived and profiled HB
3326, before being printed, receive preliminary approval from
the committee of reference, which was agreed to.


Consideration of the Special Order
HB 62-A-A bill to be entitled An act appropriating $700,000
from the general revenue fund to the department of highway
safety and motor vehicles for expenses; providing an effective
date.
-was taken up. On motions by Mr. Turlington, the rules were
waived and HB 62-A was read the second time by title and the
third time by title.
The Committee on Appropriations offered the following
amendment:
In Section 1, on page 1, line 13, strike the period and insert
the following: of the Division of Florida Highway Patrol and
the Division of Driver Licenses
Mr. Turlington moved the adoption of the amendment, which
was adopted by two-thirds vote.
The question recurred on the passage of HB 62-A, as
amended. The vote was:



Yeas-89
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Danahy
Davis
Dixon
Dubbin
Nays-7



Elmore
Featherstone
Fortune
Fulford
Gallen
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Harris
Heath
Hector
Hess
Hodes
Holloway
Jordan
Kershaw
Lancaster
Lewis
Lindsey



MacKay
Martinez, E. L,
Matthews
Melvin
Middlemas
Mixson
Moudry
Murphy
Nease.
Nergard
Nichols
Ogden
Poorbaugh
Powell
Pratt
Randell
Reed
Reedy
Renick
Roberts
Rowell
Ryals
Sackett



Chapman Prominski Tyrrell
Earle Rude West



Savage
Sessums
Singleton
Smith
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Ware
Westberry
Whitson
Whitworth
Wolfson
Woodward
Yancey



Wilson



Representatives Firestone, Gautier, James, J. Martinez, and
Reeves were recorded as voting Yea. Representative Ward was
recorded as voting Nay.












December 10, 1969



JOURNAL OF THE HOUSE OF REPRESENTATIVES



So the bill passed, as amended, and was ordered immediately
certified to the Senate, after engrossment.
HB 63-A-A bill to be entitled An act relating to School
Boards in counties having a population of more than three
hundred ninety thousand (390, 00) according to the latest
official decennial census; providing for the School Boards to
enter into agreements for group insurance for the benefit of
retired teachers of the public schools, to provide for
contributions by said boards to the premiums therefore and to
do and perform all things necessary to provide and carry out
such group insurance, providing an effective date.

-was taken up. On motions by Mr. Ryals, the rules were
waived and HB 63-A was read the second time by title and the
third time by title. On passage, the vote was:



Featherstone
Firestone
Fortune
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lancaster
Lindsey
MacKay
Martinez, E.
Matthews



Melvin
Middlemas
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poorbaugh
Powell
Pratt
Randell
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Ryals
Sackett
L. Savage
Sessums



Singleton
Smith
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ward
Ware
West
Westberry
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey



Yeas-97
Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Nays-2
Prominski



Representative Lewis was recorded as voting Yea.
So the bill passed and was ordered immediately certified to
the Senate.


Recess
On motion by Mr. Rowell, the House recessed at 10:05 A.M.
to reconvene at 11:00 A.M. today.


Reconvened

The House was called to order by the Speaker at 11:00 A.M.
A quorum was present.



Messages from the Senate
The Honorable Frederick H. Schultz December 10, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has receded from first portion of amendment and
has adopted-
HCR 41-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate



The concurrent resolution, contained in the above message,
was ordered engrossed.
The Honorable Frederick H. Schultz December 10, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed-
HB 10-A HB 51-A
HB 34-A HB 55-A
HB 46-A HB 63-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate

The bills, contained in the above message, were ordered
enrolled.
The Honorable Frederick H. Schultz December 10, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-
HB 62-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate

The bill, contained in the above message, was ordered
enrolled.
The Honorable Frederick H. Schultz December 10, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has adopted-
HCR 60-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate

The concurrent resolution, contained in the above message,
was ordered enrolled.
The Honorable Frederick H. Schultz December 10, 1969
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has concurred in House amendment to-
SB 31-A
Respectfully,
Edwin G. Fraser
Secretary of the Senate



Engrossing Reports

December 10, 1969

Your Engrossing Clerk reports amendment to-
HB 62-A
-has been incorporated and the bill herewith returned.
-and the bill was ordered immediately certified to the
Senate.



71



Rude











72



JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 10, 1969
Your Engrossing Clerk reports amendment to-
HCR 41-A
-has been incorporated and the bill herewith returned.
-and the bill was ordered enrolled.


Enrolling Reports
HJR 7-A HB 25-A HB 32-A
HB 19-A HB 26-A HB 40-A
HB 20-A HB 31-A
-have been enrolled, signed by the required Constitutional
officers and presented to the Governor on December 9, 1969.
Allen Morris, Clerk



December 10, 1969



HB 10-A HB 51-A HCR 41-A
HB 33-A HB 55-A HCR 60-A
HB 34-A HB 62-A HB 1738
HB 46-A HB 63-A
-have been enrolled, signed by the required Constitutional
officers and presented to the Governor on December 10, 1969.
Allen Morris, Clerk


Recess
On motion by Mr. Rowell, the House recessed at 11:27 A.M.


Adjournment
Pursuant to the provisions of HCR 60-A, the Speaker at 5:00
P.M. declared the House adjourned, sine die.











December 10, 1969



73



JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER HOUSE RULE THIRTEEN
FROM JUNE 7, THROUGH 5:00 P.M., DECEMBER 10, 1969



Entity Represented, Address
Name &'Address and Particular Legislation Involved
Duration of Representation



Alford, Louise
1166 79th St., S.
St. Petersburg 33707 ..............

Bauer, David J.
Division of Beverage
Rm. 328 Carlton Bldg.
Tallahassee 32304 .................


Boardman, William R.
P. 0. Box 7854
Orlando 32804 ................ ..

Boykin William G.
714 NW 23 Boulevard
Gainesville 32601 .................

Cecil, Charles William
P. O. Box 2055 AMF
Miami 33159 ....................

Church Al C.
P. O. Box 1563
Tallahassee 32302 .................

Cope, Gerald
325 E. Gaines St.
Tallahassee 32304 .................





Doering, Charlotte A.
P. O.Box 6991
Orlando 32803 ...................


Eckert, Robert J.
52 Wall Street
New York, New York 10005 ........


Fraser, Donald S., Jr.
Suite 780
Tallahassee Bank Bldg.
Tallahassee 32303 ..............


Jones, Harry H.
915 Twin Lakes Lodge
Clearwater 33518 .................

Jones, Roy C.
614 NE 6th Avenue
Ft. Lauderdale ...................

Lamb, Wm. Carroll
P. O. Box 1696
Tallahassee 32302 .................



American Federation of Teachers
4732 N. E. Second Avenue
M iam i .................................
(Continuous)

Division of Beverage
Carlton Building
Tallahassee .............................
(Continuous)
Florida Dairy Farmers
Federation
P. 0. Box 7854
Orlando ...............................
(Continuous)

Florida Press Associations
714 NW 23 Boulevard
Gainesville .........................
(Continuous)
National Airlines, Inc.
P. O. Box 2055 AMF
M iam i ............................
(Continuous)
Florida Limerock Institute, Inc.
P. O. Box 1563
Tallahassee .............................
(Continuous)
Division of Youth Services
325 E. Gaines St.
Tallahassee .............................
(Continuous)




Florida Nurses Association
P. O. Box 6991
Orlando .. .......................
(Continuous)
Asian Development Bank
P. O. Box 126
Makati, Rizal
Philippines .............................
(Continuous)

Florida Medical Ass'n.
Suite 780
Tallahassee Bank Bldg.
Tallahassee .. .....................
(Continuous)

Florida Tire Dealers Ass'n.
P. O. Box 4717
Clearwater .............................
(Continuous)


Self ....................................
(Continuous)
Florida Forestry Ass'n.
P. O. Box 1696
Tallahassee .............................
(Continuous)



Education-Labor



Beverage and
cigarette laws




Dairy industry



Newspapers



Airline industry


Mining operations
and tax



Juvenile delinquency



Public health and
rehabilitation, public
employment, labor &
industry, retirement
& personnel, and
state governmental
organization

Passage of permissive
legislation author-
izinmg A.D.B. as legal
investment




Matters affecting
medical doctors



Highway safety



Sunshine Law


All matters relating
to forestry industry











JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 10, 1969



REGISTRATIONS UNDER HOUSE RULE THIRTEEN
FROM JUNE 7, THROUGH 5:00 P.M., DECEMBER 10, 1969 (Continued)



Entity Represented, Address
Name & Address and Particular Legislation Involved
Duration of Representation



Ledbetter, Harold C.
2429 N. Atlantic
Daytona Beach ...................

Montgomery, John D.
1444 Home Street
Jacksonville 32207 ................

Mullaly Dick A.
6840 Trout River Blvd.
Jacksonville 32219 ................

Oliva, Dr. Marcelino
510 E. Church Avenue
Dade City 33525 .................

O'Neill, William G.
P. O. Box 253
Ocala 32670 .....................

Powers, James B.
P. O. Box 960
Tallahassee 32302 .................

Ray, Huey Edward
Department of General
Services
Holland Building
Tallahassee 32304 .................

Renouf William E.
7220 Twin Branch Rd.
Atlanta, Georgia 30328 ............


Renouf, William E.
7220 Twin Branch Rd.
Atlanta, Ga. 30328 .............


Schueler Frank William
1436 1E 38 St.
Oakland Park 33308 ...............
Scott, William S.
Gulf Power Company
Pace Boulevard
Pensacola 32501 ..................

Shaw, Roderick K., Jr.
P. 0. Box 2111
Marine Bank Bldg.
Tampa 33601 ....................


Shelton Richard D.
P. O. Box 590
Tallahassee 32302 ........... .....



FOMA
Palm etto ...............................
(Continuous)

Printing Industry of Florida
1444 Home Street
Jacksonville ............................
(Continuous)
Fla. Truck Drivers Assoc.
6840 Trout River Blvd.
Jacksonville ........................
(Continuous)
Fla. Osteopathic Medical Ass'n.
510 E. Church Avenue
Dade City ........................
(Continuous)

Independent Bankers of Florida
Tallahassee ..................... .....
(Continuous)
Florida Pharmaceutical Ass'n.
P. O. Box 960
Tallahassee .............................
(Continuous)


Department of General Services
Holland Building
Tallahassee .............................
(Continuous)
Trans America Financial
3390 Peachtree Rd. N. E.
Atlanta, Georgia .....................
(Continuous)

Pacific Finance
3390 Peachtree Rd. N. E.
Atlanta, Georgia .....................
(Continuous)
Fraternal Order of Police
1300 W. Broward Boulevard
Ft. Lauderdale ..........................

Gulf Power Company
Pace Blvd.
Pensacola ...........................
(Continuous)


Florida Canners Assn.
Winter Haven ...........................
(Continuous)
Florida Electric Cooperatives
Association
2916 Apalachee Parkway
Tallahassee .............................
(Continuous)



Health and welfare
Mental health


Laws pertaining to
or affecting the
printing industry


Safety on highways,
drivers' licenses, etc.



Health & education



Banking legislation


Pharmacy-Health
& welfare-Drugs





General legislation


Banking, finance,
insurance, credit



Banking, finance
insurance, credit



Police bills



Electrical power




Citrus




Rural electrification



74












December 10, 1969 JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER HOUSE RULE THIRTEEN

FROM JUNE 7, THROUGH 5:00 P.M., DECEMBER 10, 1969 (Continued)



Entity Represented, Address
Name & Address and Particular Legislation Involved
Duration of Representation



Simmons, Jack W., Jr.
415 N. Adams
Tallahassee 32302 .................


Sumner, G. Warren
5013 Central Ave.
St. Petersburg 33710 ..............

Thompson, Dale R.
2302 Oxford Rd.
Tallahassee 32304 .................

Thompson, James Lee
1108 East 7th Avenue
Tallahassee 32303 .................

Woerner Ronald A.
3601 Swann Avenue
Tampa 33609 ....................



Stephen A. Calder
203 S. E. 1st.
Fort Lauderdale .........................
(Continuous)
Independent Colleges and
Universities of Florida
5013 Central Avenue
St. Petersburg ...........................
(Continuous)


Self ....................................
(Continuous)
Fla. Fruit & Vegetable Assn.
4401 Colonial Drive
Orlando ...............................
(Continuous)
Associated Builders & Contractors, Inc.
3601 Swann Avenue
Tampa ...... .......... ............
(Continuous)



Stephen A. Calder




Higher education


Lowering the legal
voting age to 18 yrs.



Agriculture



Construction



75











JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS WITHDRAWN FROM
JUNE 7, THROUGH DECEMBER 10, 1969



December 10, 1969



Name & Address



Arnold, Jane
208 W. Pensacola St.
Tallahassee ......................
Basford, Bill
1704 Gulf Life Tower
Jacksonville .....................
Beasley, Les
2916 Apalachee Parkway
Tallahassee ......................
Blanton, Jack V.
1350 N. W. 12th Ave.
M iam i ........... ..............
Briley, Robert S.
547 N. Monroe Street
Tallahassee ......................

Brown, Joe
Carlton Building
Tallahassee ..................

Chalmers, Jean Marion
2740 S. W. 7 Place
Gainesville ...................

Conrad, J. Marshall
Brock Building
Tallahassee ......................
Constans, H. Philip
208 W. Pensacola St.
Tallahassee ......................
Corse, John D.
850 Florida National
Bank Building
Jacksonville .....................
Dabbs, George H.
208 W. Pensacola St.
Tallahassee ......................
Endsley, Elkin D.
1300 S. Andrews Ave.
Ft. Lauderdale ...................
Evans, Lloyd F.
P. O. Box 12158
Plantation .......................
Fellows, Charles A.
208 W. Pensacola St.
Tallahassee ................. .....
Fraser, Donald S., Jr.
The Capitol
Tallahassee ......................

Gaffney, James F.
208 W. Pensacola St.
Tallahassee ......................
Graham Frank A., Jr.
112 W. Pensacola St.
Tallahassee ............. .........



Entity Formerly
Represented




Florida Education Association ............... .

Automobile Racing Club of
Florida ................................

Florida Electric Cooperative
Association .............................

Florida Division of Youth
Services ................................

Governor's Highway Safety
Comm mission ............................

Hotel & Restaurant Commission
&
State Beverage Department ...............



Gainesville Women for
Equal Rights .......................

Florida Sheriff's Association .................
Florida Mobile Home
Association .............................


Florida Education Association ............... .



Cathedral Manor, Inc. ..................... .


Florida Education Association ................


Community Service Council .................


Utilities Operating Co., Inc. ..................


Florida Education Association ................


Secretary of State .........................



Florida Education Association ................
Florida Committee for
Consumer Progress ................... ....
Peat, Marwick, Mitchell & Co. ................



76



Withdrawn





October 21, 1969


October 23, 1969


September 6, 1969


October 30, 1969


April 30, 1969



November 11, 1969




October 28, 1969

October 8, 1969
October 8,1969


October 7, 1969



October 21, 1969


October 7, 1969


June 24, 1969


October 31, 1969


October 7, 1969


October 7, 1969



October 7, 1969

October 29, 1969
October 29, 1969











December 10, 1969



JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS WITHDRAWN FROM
JUNE 7, THROUGH DECEMBER 10, 1969 (Continued)



Entity Formerly
Name & Address Represented Withdrawn



Henry, Joan Kennedy
2227 N. W. 3rd Place
Gainesville ......................
Ingram, Hugh B., Jr.
218 E. St. Augustine St.
Tallahassee ......................
Johnston, Thomas W.
107 E. Madison St.
Tallahassee ......................

Keirns, W. Jeff
P. O. Box 960
Tallahassee ......................
Kirk, Roye Thomas, Jr.
331 University Union
Florida State University
Tallahassee ......................
Meserve, Daniel W.
401 E. Gaines St.
Tallahassee ......................
Moore, W. Taylor
P. O. Box 1169
Tallahassee ......................
Morgan, Richard L.
208 W. Pensacola St.
Tallahassee ......................
Patton, Vincent D.
Suite 400
Tallahassee Bank Bldg.
Tallahassee ......................

Penninger, Samuel A., Jr.
The Capitol
Tallahassee ......................
Roberts, Emmett S.
227 Park Street
Jacksonville .....................
Rodgers, J. B., Jr.
100 S. Orange Ave.
Orlando .......................
Shivers, Douglass B.
P. O. Box 12
Tallahassee .......................
Stevens, Grace A.
546 N. E. 6th Ave.
Gainesville ......................
Sturm, Julius K.
514 W. Gaines
Tallahassee ......................

Tackett, Betty M.
218 E. St. Augustine St.
Tallahassee ......................

Weimern, Woodbury D.
208 W. Pensacola St.
Tallahassee ......................
Williams, Kenneth M.
208 W. Pensacola St.
Tallahassee ......................



Gainesville Women for Equal
R ights .................................

Florida Professional Practices
Commission ............................


Florida Industrial Commission ................


Florida Pharmaceutical
Association .............................



FSU Student Body ........................

Florida Board of Archives
and History .............................

Florida Hotel and Restaurant
Commission ............................


Florida Education Association ................


Florida Air & Water Pollution
Control Commission ......................


Secretary of State .........................

State Department of Public
W welfare ................................

National Agricultural
Transportation League ....................


Gulf Power Company ......................


Retired Teachers ..........................

Florida Amusement & Music
Association .............................

Florida Professional Practices
Commission ............................


Florida Education Association ................



Florida Education Association ................



October 21, 1969


August 25, 1969


November 7, 1969


November 3, 1969



June 26, 1969


August 21, 1969


September 30, 1969


October 7, 1969



June 19, 1969


October 23, 1969


October 24, 1969


June 9, 1969


October 1, 1969


June 9, 1969


October 8,1969


August 25, 1969


October 7, 1969


October 7, 1969



77










78



Clerk



JOURNAL OF THE HOUSE OF REPRESENTATIVES























CERTIFICATE

THIS IS TO CERTIFY that the foregoing pages numbered 1
through 77, inclusive, are and constitute a complete, true and
correct journal and record of the proceedings of the House of
Representatives of the State of Florida at the Special Session of
the First Legislature under the Constitution as Revised in 1968,
held from December 1 through December 10, 1969.

Tallahassee, Florida
December 10, 1969 ,










INDEX

to the

Journal of the House of Representatives

Special Session

of the

First Legislature

[under the Constitution as Revised in 1968]

December 1 through 10, 1969



CONTENTS



Members of the House and Bills Introduced ........................................

Bills, Resolutions and Memorials Introduced by Committees ...........................

M miscellaneous Subjects .........................................................

V etoed Bills .................................................................

Subject Index of House and Senate Bills, Resolutions,
and Memorials ..........................................................

Senate Bills, Resolutions, and Memorials (received in
House) by Number, Subject, and Introducer ...................................
House Bills, Resolutions and Memorials by Number, Subject,
Introducer, and Disposition ..........................................



Page

. 80

. 84

. 85

. 85



.... .. .... 86

............ 88

.......... 89



79











JOURNAL OF THE HOUSE OF REPRESENTATIVES



INDEX



Members of the House, Bills Introduced,


and Committee Assignments



T. TERRELL SESSUMS
Speaker pro tempore



ALVAREZ, TED-19th District
Bills, Resolutions and Memorials Introduced: 2-A, 11-A, 230
Committees: Agriculture; Finance & Taxation; Transportation
ANDREWS, WILLIAM C.-31st District
Bills, Resolutions and Memorials Introduced: 2-A, 28-A, 1738
Committees: Elections (Chairman); Commerce; Judiciary
ARNOLD, LYNWOOD-23rd District
Bills, Resolutions and Memorials Introduced: 2-A, 12-A,
13-A, 14-A, 15-A, 50-A, 57-A
Committees: Transportation (Chairman); Conservation; Rules
& Calendar
BAKER MAXINE E.-90th District
Bills, Resolutions and Memorials Introduced: 2-A, 9-A, 10-A,
55-A
Committees: Mental Health & Retardation (Chairman); Fi-
nance & Taxation; Public Health & Welfare
BASSETT, E. POPE-44th District
Bills, Resolutions and Memorials Introduced: 2-A, 43-A, 230
Committees: Ad Valorem Taxation; General Legislation; State
Governmental Organization & Efficiency
BAUMGARTNER, GEORGE I.-107th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Agriculture; Conservation; Labor & Industry
BEVIS, WILLIAM H.-57th District
Bills, Resolutions and Memorials Introduced: 1-A, 2-A, 56-A
Committees: Citrus (Chairman); Finance & Taxation; State
Governmental Organization & Efficiency
BIRD, RICHARD A.-85th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Ad Valorem Taxation; Insurance; Judiciary
BLACKBURN, ED, JR.-60th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 63-A
Committees: Ad Valorem Taxation; Citrus; Crime & Law
Enforcement
BOTHWELL, CECIL L., JR.-39th District
Bills, Resolutions and Memorials Introduced: 2-A, 43-A
Committees: Agriculture; Local Government; Public School
Education
BRANNEN, BOB-56th District
Bills, Resolutions and Memorials Introduced: 2-A, 17-A
Committees: Labor & Industry; Public Lands & Parks;
Transportation
BRANTLEY LEW-21st District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: House Administration (Chairman); Commerce;
General Legislation
CALDWELL GEORGE L.-84th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Commerce; Finance & Taxation; State Govern-
mental Organization & Efficiency



ALLEN MORRIS
Clerk



CHAPMAN, JOE-9th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation; General Legislation; Labor &
Industry
CLARK DAVID C.-81st District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Labor & Industry; Local Government; Pub-
lic Health & Welfare
CLARK, DICK-93rd District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Commerce; Conservation; Labor & Industry
CLARK JOHN R.-55th District
Bills, Resolutions and Memorials Introduced: 2-A, 31-A
Committees: Retirement & Personnel (Vice Chairman); Ad
Valorem Taxation; Public School Education
CONWAY, WILLIAM R.-35th District
Bills, Resolutions and Memorials Introduced: 2-A, 25-A,
26-A, 53-A
Committees: Higher Education (Chairman); Appropriations;
Transportation
CRABTREE, GRANVILLE H., JR.-119th District
Bills, Resolutions and Memorials Introduced: 2-A, 30-A, 31-A
Committees: Ad Valorem Taxation; Mental Health & Retarda-
tion; Retirement & Personnel
CRAIG, A. H.-34th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation (Chairman); Insurance; Rules &
Calendar
CRIDER, JOHN-22nd District
Bills, Resolutions and Memorials Introduced: 2-A, 34-A, 230
Committees: Appropriations; Commerce; Local Government
CULBREATH, JOHN R.-69th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A
Committees: Agriculture; Banks & Loans; Finance & Taxation
D'ALEMBERTE, TALBOT-98th District
Bills, Resolutions and Memorials Introduced: 2-A, 7-A, 21-A
Committees: Ad Valorem Taxation (Chairman); Judiciary;
State Governmental Organization & Efficiency
DANAHY, PAUL W.-67th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 49-A, 63-A
Committees: Local Government (Chairman); Higher Educa-
tion; Transportation
DAVIS, CHARLES E., JR.-71st District
Bills, Resolutions and Memorials Introduced: 2-A, 3-A, 4-A,
5-A, 6-A, 9-A, 20-A
Committees: Ad Valorem Taxation; Citrus; Labor & Industry
DIXON, R. EARL-25th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Agriculture; Crime & Law Enforcement; Public
Lands & Parks



80



FRED SCHULTZ
Speaker











JOURNAL OF THE HOUSE OF REPRESENTATIVES



DUBBIN MURRAY H.-95th District
Bills, Resolutions and Memorials Introduced: 2-A, 9-A, 10-A
Committees: Commerce (Chairman); Appropriations; Rules &
Calendar
EARLE, LEWIS-43rd District
Bills, Resolutions and Memorials Introduced: 2-A, 3-A, 4-A,
5-A 6-A, 31-A, 43-A
Committees: Judiciary; Public Health & Welfare; Retirement
& Personnel
ELMORE, HENTON D.-6th District
Bills, Resolutions and Memorials Introduced: 2-A, 19-A, 29-A
Committees: Crime & Law Enforcement; Local Government;
Public School Education
FEATHERSTONE, HAROLD G.-101st District
Bills, Resolutions and Memorials Introduced: 2-A, 9-A, 10-A,
11-A, 24-A

Committees: Judiciary (Vice Chairman); Elections; Insurance
FIRESTONE, GEORGE-92nd District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Local Government (Vice Chairman); Crime &
Law Enforcement; House Administration
FLEECE. WILLIAM H.-53rd District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Ad Valorem Taxation (Vice Chairman); Public
Health & Welfare; Public School Education
FORTUNE, EDMOND M.-5th District
Bills, Resolutions and Memorials Introduced: 2-A, 19-A, 29-A
Committees: Appropriations; House Administration; Public
Health & Welfare
FULFORD, W. E.-40th District
Bills, Resolutions and Memorials Introduced: 2-A, 43-A
Committees: Citrus (Vice Chairman); Commerce; Conserva-
tion
GALLEN, TOM-116th District
Bills, Resolutions and Memorials Introduced: 2-A, 58-A, 59-A
Committees: Labor & Industry (Vice Chairman); Appropria-
tions; Commerce
GAUTIER, JEFF D.-109th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Crirhe & Law Enforcement; Public Safety;
Public School Education
GIBSON, WILLIAM L.-45th District
Bills, Resolutions and Memorials Introduced: 2-A, 43-A, 230
Committees: Transportation (Vice Chairman); Crime & Law
Enforcement; Public Safety
GILLESPIE, WILLIAM M.-37th District
Bills, Resolutions and Memorials Introduced: 2-A, 53-A
Committees: Banks & Loans; Commerce; State Governmental
Organization & Efficiency

GLISSON, JAMES A.-33rd District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Commerce; Mental Health & Retardation; State
Institutions

GORMAN, WILLIAM D.-42nd District
Bills, Resolutions and Memorials Introduced: 2-A, 43-A, 230
Committees: Ad Valorem Taxation; Appropriations; State
Institutions

GRAHAM, D. ROBERT-105th District
Bills, Resolutions and Memorials Introduced: 2-A, 25-A, 26-A



Committees: Appropriations; Higher Education; Public School
Education
GRIZZLE, MARY R.-47th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Appropriations; Public School Education; State
Governmental Organization & Efficiency
GUSTAFSON, JOEL K.-87th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Public Safety (Vice Chairman); Appropriations;
State Governmental Organization & Efficiency
HARRIS MARSHALL S.-108th District
Bills, Resolutions and Memorials Introduced: 2-A, 45-A, 46-A
Committees: Appropriations; Public School Education; State
Governmental Organization & Efficiency

HARTNETT, ROBERT C.-106th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Banks & Loans (Vice Chairman); Insurance;
Public Lands & Parks
HEATH DONALD E.-118th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: General Legislation; Labor & Industry; State
Institutions
HECTOR, ROBERT C.-104th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Public Health & Welfare (Vice Chairman); Ad
Valorem Taxation; Agriculture
HESS, ROY L.-lst District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation; Public Lands & Parks; Transporta-
tion
HODES, RICHARD S.-68th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 63-A
Committees: Public Health & Welfare (Chairman); Mental
Health & Retardation; State Governmental Organization &
Efficiency
HOLLOWAY, VERNON C.-102nd District
Bills, Resolutions and Memorials Introduced: 2-A, 52-A
Committees: Appropriations; State Governmental Organiza-
tion & Efficiency; Transportation
JAMES, WILLIAM G.-78th District
Bills, Resolutions and Memorials Introduced: 2-A, 230
Committees: House Administration (Vice Chairman); Com-
merce; Elections
JORDAN, JOHN-80th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Agriculture; Higher Education; Public School
Education
KERSHAW, JOE LANG-99th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Elections; Public Health & Welfare; Public
School Education
KING, CHARLES J.-89th District
Bills, Resolutions and Memorials Introduced: 2-A, 230
Committees: Public Lands & Parks (Vice Chairman); Banks &
Loans; Judiciary
LANCASTER, HOWELL-15th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Agriculture (Chairman); Finance & Taxation;
Rules & Calendar



INDEX



81











JOURNAL OF THE HOUSE OF REPRESENTATIVES



LEWIS, GERALD-96th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Crime & Law Enforcement; Insurance; Judiciary
LINDSEY, DAVID L.-4lst District
Bills, Resolutions and Memorials Introduced: 2-A, 31-A,
43-A, 230
Committees: Mental Health & Retardation; Public Lands &
Parks; Retirement & Personnel
MacKAY, KENNETH H., JR.-30th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Ad Valorem Taxation; Higher Education; Insur-
ance

MARTINEZ, ELVIN L.-63rd District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A, 63-A
Committees: Elections (Vice Chairman); Commerce; Judiciary

MARTINEZ, JOSEPH M., JR.-88th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Crime & Law Enforcement; Insurance; Public
School Education

MATTHEWS CAREY-110th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Insurance (Chairman); General Legislation; Rules
& Calendar
McNULTY, CLIFFORD A.-73rd District
Bills, Resolutions and Memorials Introduced: 2-A, 54-A
Committees: Agriculture; Public Safety; State Governmental
Organization & Efficiency
MELVIN, J. G.-7th District
Bills, Resolutions and Memorials Introduced: 2-A, 19-A, 31-A
Committees: Conservation; Retirement & Personnel; State
Governmental Organization & Efficiency

MIDDLEMAS, JOHN ROBERT-8th District
Bills, Resolutions and Memorials Introduced: 2-A, 49-A
Committees: Higher Education (Vice Chairman); Appropria-
tions; Public Lands & Parks
MIERS, MILEY-12th District
Bills, Resolutions and Memorials Introduced: 2-A, 52-A
Committees: Appropriations; Higher Education; Insurance

MIXSON, WAYNE-11th District
Bills, Resolutions and Memorials Introduced: 2-A, 230
Committees: Agriculture (Vice Chairman); Ad Valorem Taxa-
tion; Transportation

MOUDRY, RAYMOND J.-79th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Citrus; Conservation; State Institutions

MURPHY, JACK-49th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: General Legislation (Vice Chairman); Commerce;
State Governmental Organization & Efficiency

NEASE, J. WERTZ-26th District
Bills, Resolutions and Memorials Introduced: 2-A, 230
Committees: Local Government; Public School Education;
State Institutions
NERGARD, CHARLES L.-75th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Banks & Loans; Elections; Public School Educa-
tion



NICHOLS, DONALD GILBERT-27th District
Bills, Resolutions and Memorials Introduced: 2-A, 34-A
Committees: Judiciary (Chairman); Insurance; State Govern-
mental Organization & Efficiency
OGDEN CARL-20th District
Bills, Resolutions and Memorials Introduced: 2-A, 31-A, 230
Committees: Higher Education; Public Lands & Parks; Retire-
ment & Personnel
PETTIGREW, RICHARD A.-97th District
Bills, Resolutions and Memorials Introduced: 2-A, 49-A
Committees: State Governmental Organization & Efficiency
(Chairman); Commerce; Rules & Calendar

POORBAUGH, JACK M.-77th District
Bills, Resolutions and Memorials Introduced: 2-A, 31-A
Committees: Finance & Taxation; Retirement & Personnel;
State Governmental Organization & Efficiency
POWELL, WILLIAM E.-74th District
Bills, Resolutions and Memorials Introduced: 2-A, 3-A, 5-A,
6-A, 9-A, 17-A
Committees: Appropriations; Public Lands & Parks; Trans-
portation

PRATT, JEROME-115th District
Bills, Resolutions and Memorials Introduced: 2-A, 27-A
Committees: Insurance (Vice Chairman); Elections; General
Legislation

PROMINSKI, HENRY J.-86th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Commerce; Higher Education; Local Govern-
ment

RANDELL, M. T.-ll2th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: State Institutions (Chairman); Appropriations;
Transportation
REDMAN, JAMES L.-61st District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 63-A
Committees: Standards & Conduct (Vice Chairman); Appro-
priations; Banks & Loans

REED, DONALD H., JR.-76th District
Bills, Resolutions and Memorials Introduced: 2-A, 8-A, 44-A,
230
Committees: Appropriations (Vice Chairman); General Legis-
lation; Rules & Calendar

REEDY W. H.-32nd District
Bills, resolutions and Memorials Introduced: 2-A, 48-A
Committees: Public Safety (Chairman); Citrus; Rules &
Calendar

REEVES, JAMES J.-4th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: State Governmental Organization & Efficiency
(Vice Chairman); Finance & Taxation; Rules & Calendar

REGISTER, WILLIAM M., JR.-62nd District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 230
Committees: Commerce (Vice Chairman); Public School Edu-
cation; State Governmental Organization & Efficiency
RENICK, DICK-91st District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation; Labor & Industry; Transportation



82



INDEX











JOURNAL OF THE HOUSE OF REPRESENTATIVES



ROBERTS, WILLIAM G.-114th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation; Insurance; Local Government
ROBINSON, A. S.-51st District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation; Labor & Industry; Public Lands &
Parks
ROWELL, E. C.-59th District
Bills, Resolutions and Memorials Introduced: 2-A, 60-A
Committees: Rules & Calendar (Chairman); Finance & Taxa-
tion; General Legislation
RUDE, ARTHUR H.-83rd District
Bills, Resolutions and Memorials Introduced: 2-A, 3-A, 4-A,
5-A, 6-A, 12-A, 13-A, 14-A, 15-A, 44-A, 230
Committees: Standards & Conduct; State Institutions; Trans-
portation
RYALS, JOHN L.-66th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 63-A
Committees: Public School Education (Vice Chairman); Gen-
eral Legislation; House Administration
SACKETT, WALTER W., JR.-100th District
Bills, Resolutions and Memorials Introduced: 2-A, 51-A
Committees: Mental Health & Retardation; Public Health &
Welfare; State Institutions

SAVAGE, JOHN J.-46th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Standards & Conduct (Chairman); Appropria-
tions; Insurance

SCHULTZ, FRED-24th District
Bills, Resolutions and Memorials Introduced: 2-A
SESSUMS, T. TERRELL-65th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 49-A, 63-A

Committees: Rules & Calendar (Vice Chairman); Appropria-
tions; Labor & Industry

SHAW, EUGENE F.-16th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Appropriations; Banks & Loans; Commerce
SINGLETON, CARL A.-103rd District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: State Institutions (Vice Chairman); Commerce;
Finance & Taxation

SMITH, KEN-14th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Public School Education (Chairman); Appropria-
tions; Rules & Calendar
SPICOLA, GUY W.-64th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 63-A
Committees: Finance & Taxation (Vice Chairman); Rules &
Calendar; State Governmental Organization & Efficiency

STAFFORD DON H.-52nd District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Banks & Loans; Public School Education; Rules
& Calendar
STEVENS, TOMMY-70th District
Bills, Resolutions and Memorials Introduced: 2-A, 40-A,
42-A, 63-A



Committees: Banks & Loans (Chairman); Local Government;
Transportation
SWEENY, JAMES H., JR.-36th District
Bills, Resolutions and Memorials Introduced: 2-A, 53-A
Committees: Finance & Taxation (Chairman); Commerce;
Rules & Calendar

TILLMAN, JIM K.-117th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Crime & Law Enforcement (Vice Chairman);
Appropriations; Rules & Calendar
TILLMAN, RICHARD J.-72nd District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation; Judiciary; Local Government
TOBIASSEN, TOM-3rd District
Bills, Resolutions and Memorials Introduced: 2-A, 230
Committees: Crime & Law Enforcement; Public Health &
Welfare; Public School Education

TUCKER, DONALD L.-13th District
Bills, Resolutions and Memorials Introduced: 2-A, 52-A, 230
Committees: Finance & Taxation; Rules & Calendar; Claims
Coordinator
TURLINGTON, RALPH D.-29th District
Bills, Resolutions and Memorials Introduced: 2-A, 31-A,
61-A, 62-A
Committees: Appropriations (Chairman); Retirement & Per-
sonnel; Rules & Calendar
TYRE, RALPH C.-17th District
Bills, Resolutions and Memorials Introduced: 2-A, 24-A, 31-A
Committees: Retirement & Personnel (Chairman); Finance &
Taxation; Transportation
TYRRELL, GORDON-2nd District
Bills, Resolutions and Memorials Introduced: 2-A, 16-A
Committees: Ad Valorem Taxation; General Legislation;
Higher Education
WALKER, JAMES LORENZO-113th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Public Lands & Parks (Chairman); Rules &
Calendar; State Governmental Organization & Efficiency
WARD, C. LAVON-82nd District
Bills, Resolutions and Memorials Introduced: 2-A, 3-A, 4-A,
5-A, 6-A
Committees: Crime & Law Enforcement; Judiciary; Local
Government

WARE, JOHN T.-48th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Mental Health & Retardation (Vice Chairman);
Higher Education; Local Government
WEST, ROGER-18th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Crime & Law Enforcement; State Governmental
Organization & Efficiency; State Institutions
WESTBERRY, HARRY-28th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Labor & Industry (Chairman); General Legisla-
tion; Rules & Calendar
WHITSON, ED S., JR.-50th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Conservation (Vice Chairman); Commerce; Judi-
ciary



INDEX



83










JOURNAL OF THE HOUSE OF REPRESENTATIVES



WHITWORTH, LEW-94th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Crime & Law Enforcement; Judiciary; Local
Government
WILSON, ROGER H.-54th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Citrus; Crime & Law Enforcement; Finance &
Taxation
WOLFSON, LOUIS II -111th District
Bills, Resolutions and Memorials Introduced: 2-A, 8-A, 33-A
Committees: General Legislation (Chairman); Appropriations;
Rules & Calendar



WOOD, LEONARD V.-38th District
Bills, Resolutions and Memorials Introduced: 2-A, 43-A
Committees: Commerce; Elections; Higher Education

WOODWARD, R. D., JR.-1Oth District
Bills, Resolutions and Memorials Introduced: 2-A, 230
Committees: Public Health & Welfare; Standards & Conduct;
State Institutions

YANCEY, QUILLIAN S.-58th District
Bills, Resolutions and Memorials Introduced: 2-A
Committees: Crime & Law Enforcement (Chairman); Public
Safety; Standards & Conduct



Bills, Resolutions and Memorials


Introduced by Committees



AD VALOREM TAXATION, COMMITTEE ON
Bills, Resolutions and Memorials Introduced: 32A
ELECTIONS, COMMITTEE ON
Bills, Resolutions and Memorials Introduced: 18A



STATE INSTITUTIONS COMMITTEE ON
Bills, Resolutions and Memorials Introduced: 55A
TRANSPORTATION, COMMITTEE ON
Bills, Resolutions and Memorials Introduced: 41A



84



INDEX











JOURNAL OF THE HOUSE OF REPRESENTATIVES


Miscellaneous Subjects



Subject Page
Committees
Standards & Conduct-report
Opinion No. 12 Attorney-Legislator repre-
senting insurance companies serving on
insurance committee of House ............. 11-15
Transportation, Committee on-reports
Arnold, Lynwood; Chairman .................. 40, 41
Conway, William; Chairman of the Subcommittee
on Consultants ............................. 43
Holloway, Vernon; Chairman of the Subcommittee
on Fiscal and Budgeting ................. 43, 44, 45
Randell, Ted; Chairman of the Subcommittee on
Contracts Administration, Construction and
Maintenance ........................... 41, 42
Rude, Arthur; Minority Report ............. 48, 49, 50
Stevens, Tommy; Chairman of the Subcommittee
on Utilization of Funds, Planning and the
16-Year Plan .....................45, 46, 47, 48
Tyre Ralph; Chairman of the Subcommittee on
Administration, Purchasing and
Personnel ........................... 42, 43



Subject Page
Governor
Address ....................................... 5-9
Proclamations
Calling Special Session ................. .......... 1
Expanded to include appropriation for
Department of Highway Safety and Motor
Vehicles ..................................67

Joint Session ..................................... 5-9
Lobbyists
Registration .................................. 73-75
Registrations withdrawn ........................ 76, 77
Remarks by Speaker Schultz ........................ 1, 2
Remarks by President of the Senate ..................... 9
Rules of the House, Amendments .................. 18, 19
Sergeant at Arms-Elected .............................3



Vetoed Bills

Where no disposition shown, veto message
was not taken up by House

Bill No. Subject Introduced by Pages Disposition

1969 Regular Session Vetoed House Bills
HB
CSHB
348 Public hospitals; physicians and osteopaths ... Spicola & Stafford-3 ...........................
686 State board of health; fitting and selling
hearing aids ........................... Committee on Public Health and Welfare-3 .........
990 Minimum foundation program; County's annual
minimum share ........................ D'Alemberte-3, 24, 28, 29, 30, 60 ................ Ch. 69-1735
1047 Harold Elliott; Relief of .................. David Clark-3 ................................
2507 Alachua county; Housing authority
commissioners ........ Turlington & others, 33, 36, 54 ................ Ch. 69-1755
2733 Palm Beach county; Palm Beach district port David Clark & others-3, 4 .......................
2802 Orange county; Contractors ............... Gorman & others-4 ...........................
2805 Orange county; Contractors; examination,
licensing, etc ........................ Gibson & others-4........ ....................
2806 Orange county; Zoning districts, amendments,
supplements ......................... Wood & others-4 ............... .. .............
2842 Levy county; County officers, annual budgets Lancaster-4, 24, 28 ............................
2969 Homosassa Springs, town of; Charter provisions Blackburn & others-4, 24, 28 ....................
3001 Seminole county; Tax collector, collection of
municipal taxes ...................... Bassett & others-4 .............................
3002 Orange county; Tax collector, collection of
municipal taxes........................ Bassett & others-4 .............................
3014 Orlando, city of; Commissioders, salaries ..... Fulford & others-4 ............................
1969 Regular Session Vetoed Senate Bills
SB
548 Road department; internal organization ...... Poston & Pope-54, 56, 58 ...................... Sustained
661 State attorneys; exchanges ................ Shevin & others-56, 63, 64, 65 .................. Ch. 69-1736



85



INDEX











JOURNAL OF THE HOUSE OF REPRESENTATIVES



INDEX



Subject Index of House and Senate

Bills, Resolutions, and Memorials

This index embraces all measures introduced in both the House and Senate. The house of origin is identified
by the letter preceding each bill: H-House, S-Senate. Senate Bills shown in this index include those never
received by the House, and their inclusion here is only for the convenience of the user interested in all the
legislation introduced in the Legislature on a particular subject.



-A-
AGRICULTURE AND CONSUMER SERVICES, DEPART-
MENT OF
Bonifay farmers and livestock markets; capital outlay expen-
ditures for, H19-A
AID TO FAMILIES WITH DEPENDENT CHILDREN PRO-
GRAM
Supplemental appropriation, H9-A, S17-A
ALVAREZ, CARLOS
Citizenship application, acceleration of finalization, S33-A
APPROPRIATIONS
Auditor general; transfer to for implementation of HB 990
(69) and HJR 7-A, H32-A
General services, department of; governor's office space,
H61-A
Highway safety and motor vehicles department; highway
patrol, H62-A, S35-A
Legislative special sessions, S31-A
Tallahassee transportation system planning, H52-A
AUDITOR GENERAL
Assessment roll to full value; ratio determination, H32-A
Minimum foundation program; county's share study, H7-A

-B-
BALLENTINE, W. A. (Bill)
In memorial, H2-A
BANKS AND BANKING
Trusts; revocable arrangements not formal, H46-A
BONDS
Anticipation notes; Daytona Beach, relief, S16-A
Education; maximum interest rate, H26-A
Higher education, implementing of approved, H25-A, S27-A
Interest rate
Determined by governing body with 7% limit, H33-A,
S24-A
Determined by governing body; without limit, par value
H28-A
BONIFAY FARMERS AND LIVESTOCK MARKETS
Improvements, H19-A

-C-

CABINET See: Elected under PUBLIC OFFICERS AND EM-
PLOYEES
CHILD WELFARE SERVICE-FOSTER HOME PROGRAMS
Supplemental appropriations for, H10-A
CONGRESS, MEMORIALS TO
Alvarez, Carlos; citizenship, S33-A
COUNTIES
Bonded indebtedness authority for road and bridge purposes
removed, H5-A, S5-A
Courts of record See that title
Gas tax, one cent increase, distribution
County engineer, approved; proceeds appropriated to,
H45-A, S25-A
Percentage to municipalities; remainder to county commis-
sioners, S8-A
Total to county commissioners, H8-A, S3-A



Gas tax, seventh cent
Certain to receive 80% of, H44-A
Entire proceeds remitted to, H5-A, H13-A, S5-A, S18-A,
S21-A
Minimum foundation program assessment bill, H7-A
Prosecuting attorneys; courts of record, H27-A, S23-A
COURTS OF RECORD
Definition to include county judges' courts in certain counties
which have a jury commission, H53-A, S34-A
Prosecutors, clerks and sheriffs, duties, H27-A, S23-A
CRIMES AND OFFENSES
Hallucinogenic drugs, possession or control; felony, H34-A

-D-
DAYTONA BEACH, CITY OF
Bond anticipation notes; relief, S16-A
DORR FIELD
Correctional institution established at, H55-A
DRUG ABUSE
Hallucinogenic; possession or control, H34-A
Stop and frisk law; included in, S32-A
-E-
EDUCATION
Bonds See that title
Capital outlay projects; financing, H25-A, S27-A
Minimum foundation program; three mill equivalency test;
implementation, H32-A
Teachers; transferring to state and county retirement system,
H31-A, S28-A
ELECTIONS
Candidates
Filing fees deleted, H24-A
Qualifying papers & fees; date for filing, H56-A
Qualifying while holding another office; prohibited, H230
Legislative committee; special investigative duties, H18-A
Primaries, first and second
February and March dates, H11-A
May dates, S10-A
September dates, H16-A, H1738
Referendum on gas tax increase and use of motor vehicle
license revenue, S2-A
Voting machines; one per 350 registered electors, H17-A,
815-A

-G

GENERAL SERVICES, DEPARTMENT OF
Building construction and maintenance division; appropria-
tion, H61-A
Capital outlay trust fund expenditures; improvements at
Bonifay farmers and livestock markets, H19-A
Tallahassee transportation system planning; cooperation with,
H52-A
GOVERNOR
Appointments
Road board, H29-A, S12-A
Transportation board, H50-A, S29-A
Contributions and expenditures; filing of annual statement,
H49-A, S30-A
Staff office space; appropriation, H61-A
Veto of HB 990, effective July 1, 1970, H7-A



86












JOURNAL OF THE HOUSE OF REPRESENTATIVES



-H-

HARDEE COUNTY
Hospital district board; borrowing money, H58-A
HEALTH AND REHABILITATIVE SERVICES, DEPART-
MENT OF
Aid to families with dependent children; supplemental appro-
priation for program H9-A S17-A
Child welfare service-foster homes; supplemental appropria-
tion for program, H10-A
Correctional institution; established at Dorr field, H55-A
Hospitals, tuberculosis; patient transfers, H51-A
HIGHWAY SAFETY AND MOTOR VEHICLES, DEPART-
MENT OF
Highway patrol
Appropriation for H62-A, S35-A
Retirement transfers to state and county system, H31-A,
S28-A
License tax revenues; portion deposited in state roads trust
fund, H3-A, H14-A, S1-A, S2-A, S7-A, S22-A

HILLSBOROUGH COUNTY
Police officers, municipal; disability pensions, H40-A
School board; group insurance, H63-A
-J-

JUSTICE OF THE PEACE COURTS
Pasco county; justices' compensation, H42-A
-L-
LAKE COUNTY
Construction projects; financing, H48-A

LAW ENFORCEMENT OFFICERS
Municipal; Hillsborough county, disability pensions, H40-A
Sheriffs; Executive officer of courts of record, H27-A, S23-A
Stop and frisk law; narcotic drugs and stimulants added,
S32-A
LEGISLATURE
Adjournment, sine die, H60-A
Auditor general See that title
Ballentine, W. A., Sergeant at Arms of House; condolence,
H2-A
Committee of the whole house; special session to study
transportation and roads, H54-A
Committees
Elections; special investigative duties, H18-A
Select joint; transportation systems study, H41-A
Transportation; study, H57-A
House bill 990 (1969); effective date, H7-A
Session dates; one week a month, Hi-A
Sessions, special
Appropriation for December, '69, S31-A
Call for 20 day session concerning transportation and roads,
H54-A
Subpoena powers of committees, H41-A

LOCAL GOVERNMENTS
Bond issuances, interest rates
Determined by governing body, with 7% limit, H33-A,
S24-A
Determined by governing body without limit, H28-A
Distribution trust fund See: has tax under COUNTIES;
distribution of gas tax increase, H45-A, S25-A
Urban thoroughfare projects
Adoption of system, H15-A, S19-A
Eligibility and reimbursements, H6-A, S4-A
-M-

MOTOR VEHICLE LICENSE TAX REVENUES
Portion deposited in state roads trust fund, H3-A, H14-A,
Sl-A, S2-A, S7-A, S22-A
MUNICIPALITIES
Gas tax increase, distribution
By county commissioners, H8-A, S3-A
Formula, S8-A
Hillsborough county; disability pensions for police officers,
H40-A
Urban areas; arterial streets, gas tax increase used for
construction and maintenance, S13-A



87



-0-

O'NEAL, GARY EUGENE
Commendation, H43-A
-P-
PASCO COUNTY
Justice of the peace courts; justices' compensation, H42-A

PROPERTY
Tax assessments, H20-A, H21-A
PUBLIC OFFICERS AND EMPLOYEES
Elected
Contributions and expenditures; filing of annual statements,
H49-A, S30-A
Qualifying for another office prohibited, H230
Solicitation of funds by transportation department, Sll-A
"-R-

RETIREMENT SYSTEM, STATE AND COUNTY
Transfers to by teachers or highway patrolmen, H31-A, S28-A
REVENUE, DEPARTMENT OF
Appropriation transfer to auditor general; implementation of
HB 990(69) and HJR 7-A, H32-A
ROADS AND HIGHWAYS See: TRANSPORTATION DE-
PARTMENT OF; TRANSPORTATION SYSTEMS OF STATE
-S-
SCHOOLS
Minimum foundation program; County's minimum assessment
share bill, H7-A

STATE ATTORNEYS
Prosecuting officers of courts of record, H27-A, S23-A
-T-
TALLAHASSEE, CITY OF
Transportation planning and appropriation, H52-A

TAXATION
Ad valorem biennial assessment roll, H20-A, H21-A
Gas tax, one cent increase
Arterial streets within urban areas, used for, S13-A
Distributed where collected, H8-A, S3-A, S8-A
Increase to go to state roads trust fund, H4-A, H12-A,
Sl-A, S2-A, S6-A, S20-A
Local government distribution trust fund; proceeds appro-
priated to, H45-A, S25-A
Gas tax, two cent increase, S14-A
Gas tax, seventh cent
Counties to receive all proceeds, H5-A, H13-A, S5-A,
S18-A, S21-A
80% for certain counties, H44-A
Homestead exemption; repealed as statutory law, H30-A,
S26-A
Index of taxpaying ability; three mill equivalency test, H32-A
TRANSPORTATION DEPARTMENT OF
County contracts for secondary road maintenance and con-
struction, H5-A S5-A
Gas tax See: TAXATION
Legislative investigation of; special session, H54-A
Revenue replacement seventh cent gas tax, H13-A, S21-A
Road board, recreated
Five member with old districts, H29-A
Seven member; population districts, S12-A
Solicitation of funds while maintaining business relations
with, Sll-A
State highway system; priorities, dates and costs of construc-
tion plans, H6-A, S4-A
State roads trust fund
Gas tax one cent increase deposited into, H4-A, H12-A,
S1-A, S2-A, S6-A, S20-A
Motor vehicle license revenues; portion deposited into,
H3-A, H14-A, S1-A, S2-A, S7-A, S22-A
Tallahassee transportation system planning; cooperation with,
H52-A
Transportation board, created
Advisory capacity; twelve members, S29
Head the department; six members, H50



INDEX










JOURNAL OF THE HOUSE OF REPRESENTATIVES



TRANSPORTATION SYSTEMS OF STATE -V-
House transportation committee study of, H57-A
Select joint legislative committee to study, H41-A VOLUSIA COUNTY
Court of record; definitions, H53-A, S34-A
TRUSTS
Arrangements that are revocable not executed with formality,
H46-A -W-
TUBERCULOSIS HOSPITALS WAUCHULA, CITY OF
Patient transfers and expenditures of funds, H51-A Employees pension system and retirement, H59-A


Senate Bills, Resolutions, and Memorials

(Received in House) by Number, Subject,

and Introducer
To obtain the number of a bill, see the subject matter index preceding this index.

No. SUBJECT OF BILL INTRODUCED BY PAGES

CS for SB
12-A Transportation, department of; transportation board
created ................... ............... Committee on Transportation-66
SB
15-A Voting machines; one per 350 electors ............ Trask-22 26, 28 37, 52
16-A Daytona Beach; bond anticipation notes ............ Karl and Daniel-22, 32, 33, 35, 36
CS for SB
17-A Aid to families with dependent children; appropriation Committee on Ways and Means-26, 31, 38, 69
SB
23-A Courts of record; prosecuting officers ............ Wilson-26, 27, 37, 52
26-A Homestead tax exemption ................... . Henderson-32, 35, 37
30-A Public officers; contributions, annual statement of .... Askew and others-67
31-A Legislature; special sessions, appropriations ......... Chiles-54, 56, 57, 58, 59, 60, 71
SM
33-A Alvarez, Carlos; acceleration of American citizenship .Mathews and others-56, 63, 64
SB
34-A County judges' courts ................. ... .. Karl and Daniel-60, 63, 64



88



INDEX











INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES


House Bills, Resolutions, and Memorials

by Number, Subject, Introducer,

and Disposition

To obtain the number of a bill, see the subject matter index preceding this index.

Abbreviations: FVI-S-Failed vote for introduction in senate
Ch.-Chapter Number, as passed HB-House Bill
CSP-Companion or similar senate bill passed HCR-House Concurrent Resolution
DCH-Died on house calendar HR-House Resolution
DHC-Died in house committee (no action by committee) ID-Introduction deferred
FVI-H-Failed vote for introduction in house LTH-Laid on table in house



No. SUBJECT OF BILL INTRODUCED BY PAGES Disposition



(Org.) Joint session of legislature ..........

Legislative sessions; dates for 1970 ........

Ballentine, Honorable W. A.; commemoration .

Motor vehicle license revenues; deposit of
portion in roads trust fund ............
Gas tax; one cent increase for roads trust
fund ............................
Seventh cent gas tax; deposit of portion in
roads trust fund ....................
State highway system; classification plan ..

HB 990 (1969); effective date ...........

Gas tax; one cent increase ..............
Aid to families with dependent children;
appropriation ............. .........
Health and rehabilitative services; transfer of
surplus appropriation ................
Primaries, first and second; date changed ..
Gas tax; one cent increase for roads trust fund
Seventh cent gas tax; entire proceeds paid to
counties .........................
Motor vehicle license revenues; deposit of
portion in roads trust fund ............
State highway system; classification plan . ..
Primaries, first and second; dates changed ....
Voting machines; one for every 350 electors .

Elections committee; special investigative
duties ...........................

Agriculture and consumer services; capital
outlay appropriation ................
Ad valorem taxes; biennial roll repealed .....
Ad valorem taxes; permissive biennial assess-
m ent roll ........................
Withdrawn
Withdrawn
Candidates; filing fees ...............
Higher education; expenditures for fixed capital
outlay projects .....................
Education bonds; maximum interest rate ....
Courts of record; prosecuting officers ......
Bonds; interest rate and par value .........
Road board; recreated .................
Homestead tax exemption ..............
State and county retirement system ........



Rowell-3, 5, 15 .........................

Bevis-4, 9, 10 ...........................

Fleece-4, 16, 17, 20, 37 ....................


Rude and others-4, 21, 69 ...................
Rude and Davis-4, 21, 69 ...................
Rude and others-4, 21, 69 ...................
Rude and others-4, 21, 69 ...................

D'Alemberte-4, 10, 24, 25, 28, 30, 32, 33, 60, 72 . .

Reed-4, 38, 50, 51 ........................
Dubbin and others-4, 10, 21, 23, 24, 28, 30, 31 . ..
Dubbin and others-4, 10, 23, 24, 28, 31, 37, 71,
72 . . . . .. . . . . . . . . . . . .
Alvarez and Featherstone-5 .. ................
Arnold (by request) and Rude-5, 51 ............
Arnold (by request) and Rude-5, 51 ............
Arnold (by request) and Rude-5, 51 ............
Arnold (by request) and Rude-5, 51, 62 .........
Tyrrell- 5 ..............................
Brannen and Powell-10, 23, 28, 29 .............


Committee on Elections-10, 11 ................


Fortune and others-17, 23, 28, 29, 55, 72 ........
Davis-17, 23, 28, 29, 55, 72 ..................
D'Alemberte-17 ..........................

Tyre and Featherstone-17 ..................
Graham and Conway-17, 24, 33, 34, 36, 37, 55,
69, 72 ........................
Graham and Conway-17, 24, 28, 30, 37, 55, 72 ....
Pratt-21, 26, 27 ......... ................
Andrews-21, 22, 26, 27 ................... ..
Fortune and Elmore-22, 25 ..................
Crabtree-22, 26, 27, 33, 35, 37 ..............
Tyre and others-22, 26, 27, 28, 33, 34, 35, 36,
55, 72 .. ........ ..... ..... .. .. ......



89



HCR
1-A
HB
1-A
HCR
2-A
HB
3-A
4-A
5-A
6-A
HJR
7-A
HB
8-A
9-A
10-A

11-A
12-A
13-A
14-A
15-A
16-A
17-A
HR
18-A

HB
19-A
HB
20-A
21-A
22-A
23-A
24-A
25-A

26-A
27-A
28-A
29-A
30-A
31-A



Adopted

FVI-H

Adopted


DHC
DHC
DHC
DHC

Passed

DHC
LTH/CSP

Ch. 69-1750
DHC
DHC
DHC
DHC
DHC
DHC
DCH


Adopted


Ch. 69-1751
Ch. 69-1752
DHC

FVI-H

Ch. 69-1740
Ch. 69-1738
LTH/CSP
DHC
DHC
LTH/CSP
Ch. 69-1753












JOURNAL OF THE HOUSE OF REPRESENTATIVES



INDEX



No. SUBJECT OF BILL INTRODUCED BY PAGES Disposition



32-A HB 990 (69) and HJR 7-A; appropriations to
implement ...... ..................
33-A Public bonds; maximum interest rate .......
34-A Drug abuse; possession or control of
hallucinogenic drugs .................
35-A Withdrawn
36-A Withdrawn
37-A Withdrawn
38-A Withdrawn
39-A Withdrawn
40-A Hillsborough county; police officers, disability
payments ........................
HCR
41-A Transportation systems of state; select
committee to study .................



Committee on Ad Valorem Taxation-25, 32, 33, 60,
72 .. ...... .. ........ .. ..... ..
Wolfson-25, 33, 34, 36, 37, 38, 62, 63, 68, 72 .....
Nichols and Crider-25, 26, 56, 57, 58, 71, 72 ......





Sessums and others-26, 32, 33, 35, 55, 72 ........

Committee on Transportation-32, 39, 40, 51, 52, 67,
71,72 ...............................



Pasco county; justice of the peace courts ..... Stevens and others-32, 39, 52, 69 ..............



O'Neal, Gary Eugene; commendation ....... Bothwell and others-32, 39, 52 ................



Seventh cent gas tax; 80% expended to certain
counties ........................
Gas tax; one cent increase to counties having
approved engineers ............... .
Trusts; revocable arrangements not formally
executed ....................... ...
Withdrawn
Lake county; financing of construction projects
Public officers; contributions, annual state-
ments of .........................
Transportation board, created; appointed by
governor .........................
Health and rehabilitative services department;
patient transfers to tuberculosis hospitals . .
Tallahassee city of; transportation planning .
County judges' courts .................

Legislature; call for special session .........



55-A Health and rehabilitative services; Dorr field
facility ..........................
56-A Elections; qualification papers and fees, date
for filing .. ......................



HR
57-A

HB
58-A
59-A
HCR
60-A
HB
61-A
62-A
63-A
230
(1969)
1738
(1969)



Transportation systems of state; transportation
committee study ...................



Reed and Rude-38, 61 .....................
Harris-38 .............................

Harris-38, 39, 55, 71, 72 ....................

Reedy-53 .............................
Sessums and others-53, 69 ...................
Arnold-53 ..............................
Sackett-53, 56, 57, 60, 71, 72 ........ .......
Holloway and others--56 .....................
Sweeny and others-56 .................. . ..

McNulty-56, 62 .........................


Committee on State Institutions and Baker-62, 63,
65, 71, 72 .............................
Bevis-66 ...............................


Arnold-66 ..............................



Hardee county; hospital board ........... Gallen-66 ...........................
Wauchula, city of; pension system ......... Gallen-66 ...........................



Legislative session; sine die adjournment ..... Rowell-66, 71, 72 ........................



General services, department of; building
construction maintenance, appropriation . .
Highway safety and motor vehicles, department
of; appropriation ...................
Hillsborough county; school board ........
Candidates; qualifying for office ..........
Primaries; second and fourth Tuesdays in
September ........................



Turlington (by request)-67, 68 ................



Turlington (by request)-68, 70, 71, 72 .......
Sessums and others-69, 70, 71, 72 .........
Reed and others-10, 17, 19, 20, 26, 60 ......

Andrews-17, 22, 23, 24, 54, 60, 72..........



Ch. 69-1746
Ch. 69-1739
Ch. 69-1741





Ch. 69-1756


Adopted

DS

Adopted


DHC
DHC
Ch. 69-1747

ID

ID
DHC
Ch. 69-1742
ID
ID

DHC



Ch. 69-1749
DHC


DHC

ID
ID

Adopted.


ID

Ch. 69-1748
Ch. 69-1757

FVI-S

Ch. 69-1745



90



HB
42-A
HR
43-A
HB
44-A
45-A
46-A

47-A
48-A
49-A
50-A
51-A
52-A
53-A
HCR
54-A
HB



. . .





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