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Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: v. : ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: State Printer
Place of Publication: Tallahassee Fla
Creation Date: June 1970
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Subjects / Keywords: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
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 Related Items
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
        Page i
    Members of the House of Representatives
        Page ii
        Page iii
    June 1970
        Wednesday, June 10
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
        Tuesday, June 16
            Page 7
    Index
        Miscellaneous Subjects
            Page 8
        1970 Regular Session Vetoed House Bills
            Page 8
        House Resolutions by Number, Subject, Introducer, and Disposition
            Page 8
        Senate Resolution (Received in House) by Number, Subject, and Introducer
            Page 8
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 3
Florida Constitution



JUNE 10, 1970






MEMBERS OF THE HOUSE OF REPRESENTATIVES

Special Session 1970

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



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)



District

26 J. Wertz Nease, Jacksonville (R)

27 Don Nichols, Jacksonville (D)

28 Harry Westberry, Jacksonville (D)

ALACHUA-MARION

29 Ralph D. Turlington, Gainesville (D)

30 Kenneth H. MacKay, Jr., Ocala (D)

30 Bill Andrews, Gainesville (D)

PUTNAM-FLAGLER-ST. JOHNS-LAKE

32 W. H. (Bill) Reedy, Eustis (D)

33 James A. Glisson, Eustis (R)

34A. H. (Gus) Craig, St. Augustine (D)

VOLUSIA

35 William R. Conway, Ormond Beach (D)

36 James H. Sweeny, Jr., DeLand (D)

37 William M. Gillespie, New Smyrna Beach (D)

ORANGE-SEMINOLE

38 Leonard V. Wood, Altamonte Springs (R)

39 Cecil L. Bothwell, Jr., Winter Park (R)

31 Bill Fulford, Orlando (D)

32 David L. Lindsey, Orlando (R)

33 William D. Gorman, Winter Park (R)

34 Lewis Earle, Maitland (R)

35 E. Pope Bassett, Maitland (R)

36 L. Gibson, Orlando (R)

PINELLAS

46 John J. Savage, St. Petersburg (R)

47 Mary R. Grizzle, Indian Rocks Beach (R)

48 John T. Ware, St. Petersburg (R)

49 Jack Murphy, Clearwater (R)

50 Ed S. Whitson, Jr., Clearwater (R)

51 A. S. (Jim) Robinson, St. Petersburg (R)

52 Don H. Stafford, Largo (R)

53 William H. Fleece, St. Petersburg (R)

54 Roger H. Wilson, St. Petersburg (R)

POLK-SUMTER

55 John R. Clark, Lakeland (D)

56 Bob Brannen, Lakeland (D)

57 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 Julian B. Lane, 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)


District

DADE

90 Maxine E. Baker, Miami (D)

91 Dick Renick, Miami (D)

92 George Firestone, Miami (D)

93 Dick Clark, Coral Gables (D)

94 Lew Whitworth, Miami Lakes (D)

95 Murray H. Dubbin, Miami (D)

96 Gerald Lewis, Coral Gables (D)

97 Richard A. Pettigrew, Miami (D)

98 Talbot (Sandy) D'Alemberte, Miami (D)

99 Joe Lang Kershaw, Miami (D)

100 Walter W. Sackett, Jr., Miami (D)

101 Harold G. Featherstone, Hialeah (D)

102 Vernon C. Holloway, Miami (D)

103 Carl A. Singleton, Coral Gables (D)

104 Robert C. Hector, Miami (D)

105 Robert Graham, Miami Lakes (D)

106 Robert C. Hartnett, Miami (D)

107 George I. Baumgartner, North Miami (D)

108 Marshall S. Harris, Miami (D)

DADE-MONROE

109 Jeff D. Gautier, Miami (D)

110 Carey Matthews, Miami Beach (D)

111 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)


DESOTO-HIGHLANDS-CHARLOTTE-
SARASOTA

117 Jim K. Tillman, Sarasota (R)

118 Donald E. Heath, Nokomis (R)

119 Granville H. Crabtree, Jr., Sarasota (R)



OFFICERS OF THE HOUSE OF REPRESENTATIVES

Special Session 1970



Speaker-Frederick H. Schultz

Speaker pro tempore-T. Terrell Sessums

Clerk-Allen Morris

Sergeant at Arms-Claude E. Wingate














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, JUNE 10, 1970



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 Wednesday, June 10, 1970.



The House of Representatives was called to order at 1:00
P.M. by The Honorable Frederick H. Schultz, Speaker, pursuant
to the following Proclamation of the Governor, which was read:
PROCLAMATION

To the Honorable Members of the Florida Senate and the
House of Representatives:

WHEREAS, on June 9, 1970, I vetoed the general appropria-
tion bill and a related bill enacted during the 1970 regular
session of the Legislature for the reasons set forth in my veto
message of June 9, 1970, and

WHEREAS, it is my belief that it is in the best interest of all
the citizens of the State that the Legislature be convened
forthwith in a special session to enact a fiscally responsible
appropriation bill;

NOW, THEREFORE, I, Claude R. Kirk Jr., by virtue of the
authority vested in me by Section 3, Article III, Constitution of
the State of Florida, do hereby convene the Legislature of the
State of Florida in special session at the Capitol for four (4)
legislative days beginning at 1 p.m. on Wednesday, June 10,
1970, and ending at 5 p.m. on Saturday, June 13, 1970.

This call is for the sole and exclusive purpose of considering
the adoption of a general appropriation bill in conformity with
the requirements of the Constitution of Florida.

In Testimony Whereof, I have
hereunto set my. hand and caused
the Great Seal of the State of
Florida to be affixed at Tallahas-
see, the Capitol, this 9th day of
June A. D. 1970.

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
Chapman
Clark, David
Clark, Dick

Clark, J. R.
Conway
Crabtree
Craig
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
James

Jordan
Kershaw
King
Lancaster
Lane
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

Shaw
Singleton
Smith
Stafford
Stevens
Sweeny
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre

Tyrrell
Ward
Ware
West
Westberry
Whitson-
Whitworth
Wilson
Wolfson
Woodward
Yancey



Excused: Representatives Culbreath, Redman, Walker, and
Wood.

A quorum was present.


Prayer

Prayer by The Reverend William D. Stewart, Pastor of
Westminster Presbyterian Church, Tallahassee:

"God be merciful unto us and bless us; and cause Thy
face to shine upon us; that Thy way may be known upon
earth, Thy saving health among all nations. Let the people
praise Thee, 0 God; let all the people praise Thee. 0 let
the nations be glad and sing for joy; for Thou shalt judge
the people righteously and govern the nations upon earth.
Let the people praise Thee, O God; let all the people praise
Thee. Then shall the earth yield her increase; and God
even our own God shall bless us. God shall bless us, and all
the ends of the earth shall fear Him." Ps. 67 Today we join
with King David of old in praying for our State and
Nation, and all in authority over the affairs of State. May
the members of this Legislature in special session June 10,
1970 know Your mercy and power and personally offer
praise for Your guidance, and seeking it find it. May each
one individually and collectively seek to know and do Your
will in all things, and knowing be yielded to these convic-
tions. 0 God Your grace is abundant for the righteous and
unrighteous every day but Your special grace is for those
who know and trust You and seek Your will. We ask that
this special grace may abound in the hearts and lives of
these Legislators so that special wisdom, knowledge and
decisions may be correctly and quickly made. Our help is
in the name of the Lord, who made heaven and earth, and
today we call for help. "Except the Lord build the house
they labor in vain that build it; except the Lord keep the
city, state and nation, they labor in vain." Ps. 127:1 So
God, help this Legislature we pray. In the name of Jesus
our God. Amen




Pledge

The Members pledged allegiance to the Flag.

1













2 JOURNAL OF THE HOUE OF REPRESENTATIVES June 10, 1970

The Journal

The Journal of the Regular Session of June 5, 1970 was
approved.


Communications


The following communication was received:

Honorable Frederick H. Schultz June 10, 1970
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 4358 (1970 Regular Session)-An act relating to
education; repealing section 236.04(10), Florida Statutes, re-
moving the requirement that instructional personnel be not less
than ninety percent (90%) of instruction units; amending
section 236.07(5)(a), Florida Statutes, providing additional
funds for other current expense; amending section
236.07(5)(b), Florida Statutes, defining procedure for imple-
menting the ratio study of assessment levels; amending section
236.07(8), Florida Statutes, providing for cost of living adjust-
ment; amending section 236.07(9)(a), Florida Statutes, increasing
the required local effort for participation in the minimum
foundation program; repealing section 236.07(9)(b) Florida
Statutes, requiring additional local effort for indergartens
under the minimum foundation program, effective July 1,
1971; amending chapter 236, Florida Statutes, by adding
section 236.072 providing for district ad valorem tax equaliza-
tion allocations; prescribing the procedures for determining
eligibility for such allocations; providing for the distribution of
such funds; authorizing the prorating of funds; amending sec-
tion 236.074, Florida Statutes, deleting local matching by
school districts for entitlement to district school additional
capital outlay funds; expanding the purposes for which such
funds may be used; amending section 236.251, Florida Statutes,
to authorize additional voted millage for district operating
funds; repealing section 236.251, Florida Statutes, providing
limitation on tax levy, effective July 1, 1974; repealing section
230.761(2), Florida Statutes, requiring district support for
junior college effective July 1, 1971; amending section
230.764, Florida Statutes, authorizing recalculation for sales tax
funds for junior college; amending section 230.767(4), Florida
Statutes, providing additional funds for other current expense
for junior college; repealing section 230.767(7), Florida Stat-
utes, determining district financial effort for junior college,
effective July 1, 1971; amending section 230.767(8), Florida
Statutes, removing reference to district financial effort for
junior college, effective July 1, 1971; amending section
230.769, Florida Statutes, deleting requirement for junior
college budgets to be reviewed by budget review board; provid-
ing legislative intent regarding the operation of junior colleges
by district boards of trustees; providing an effective date.

HB 5210 (1970 Regular Session)-An act making appropria-
tions; providing moneys for the annual period beginning July 1,
1970, and ending June 30, 1971, to pay salaries, other ex-
penses, capital outlay-buildings and improvements, and for
other specified purposes of the various agencies of state govern-
ment; providing an effective date.

Sincerely,
Tom Adams
Secretary of State


Vetoed Bills (1970 Regular Session)

The following veto message was read:




Honorable Frederick H. Sbhultz June 9, 1970
Speaker, House of Representatives

Dear Mr. Speaker:

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 House Bill No. 5210, enacted by the Legislature
during the Regular Session commencing April 7, 1970, and
entitled:
"An Act making appropriations; providing moneys for the
annual period beginning July 1, 1970, and ending June 30,

1971, to pay salaries, other expenses, capital outlay-
buildings and improvements, and for other specified pur-
poses of the various agencies of state government; providing
an effective date."

It is the constitutional responsibility of the Legislature to
provide a balanced budget for the state. I have personally
advised each of you that I will accept nothing less. This
responsibility has not been fulfilled and the task of the 1970
Legislature has not been completed.

The budget presented to me for my approval is fiscally
unsound and mathematically dishonest. Despite the clear pro-
hibition against deficit financing in the Constitution of Florida,
this bill proposes a deficit budget for 1970-71.

Throughout most of the decade just ended, the Federal
Government has followed a policy of deficit financing and this
has resulted in economic crisis on the national level and has
created severe inflation. This cannot be allowed to happen in
Florida.

The budget which has been proposed by a majority of the
Legislature is the worst budget that has been offered. There is
no doubt that the General Appropriations Act for 1970-71 is a
deficit budget.

Even the most vigorous proponents of this bill agree that it
appropriates almost $38 million more than the total amount of
funds that will be available. This deficit cannot be explained
away nor can it be disregarded. Those who contend the deficit
will be "only $6.4 million" still are admitting there will be a
deficit even though they will not admit the full extent of the
financing problems that would be created.

In addition, I am advised that you have also passed a number
of other bills which appropriate several millions more dollars
which would increase the deficit. The cost of these bills should
be considered along with the appropriations in the General
Appropriations Act.

In contrast to the deficit proposed by the General Appropria-
tions Act I submitted to this Legislature in February a
balanced budget which provided for the needs of the state,
leaving a surplus of $6.5 millions. No one could contend that
this plan was not fiscally sound.

Not only is the legislative budget fiscally unsound, it makes
an unconstitutional attempt to condition the appropriation of
funds upon the acceptance of a separate piece of legislation.
This is a deliberate attempt to destroy executive responsibility
to veto any undesirable appropriation in the General Appropria-
tions Bill. The wording was designed to force acceptance of the
illegally attached bill, a revised version of House Bill 4358,
which was rushed through the Legislature without proper
consideration. This bill would cost $48 millions in 1970-71. It
would continue to pour millions upon millions into the same
old outmoded educational formula for the next three years
without making any improvements in the educational system.
For the Minimum Foundation formula alone, the cost would go
up to $102 millions in 1971-72 $152 millions in 1972-73, and
$209 millions in 1973-74. The Legislature apparently has given
no thought to the financial impact of this bill nor to the
substantial tax increases that would be required next year-and
following years-to pay the bill.

Not only did the backers of this bill attempt to force the
Governor to accept it, they maneuvered this far reaching
legislation into a position where the Legislature itself had to
accept it in order to pass a General Appropriations Act. In this
bill, the entire concept of educational funding was re-written by
a few members of the Appropriations Conference Committee.
This complex formula then was railroaded through the Legisla-
ture in one day. The educational committee members, who are
supposed to be the Legislature's experts on education were not
sure what they were approving when it came up for a final
vote. In fact, the explanations given to the members of the
House were challenged by the Chairman of the House Public
Education Committee who criticized the way his committee
had been bypassed in the rush to approve this bill.












June 10, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 3



On the opening day of the 1970 Legislature, I asked each of
you to determine where we are and where we want to go
before we chart our future path. I asked you to restructure
education, to test the reading levels of the students and to
provide for appointive superintendents. I told you of the need
to devise a system for evaluating teachers and providing them
with incentive pay. I also cautioned that until improvements are
made, the people have had it with taxes. Instead, the majority
listened to the lobbyists for the educational bureaucracy and
discarded these suggestions. House Bill 4358 is not a new
approach. It does nothing to assure a better education for the
children. It is based upon the fallacy that more money means
more education.
The amount which the state puts into the Minimum Founda-
tion Program for aid of schools has increased from a total of
$233.5 million in 1967-68, to a proposed $576 million in this
bill. That means that the cost to the state is almost 2/2 times as
much as it was three years ago. I ask each of you to look at
the public schools in your county. Are they twice as good as
they were three years ago when the state was spending less than
half as much? Are they any better than they were two years
ago when we added a quarter of a billion dollars to educational
spending?
Are the students learning as much? Has the dropout rate
declined? Do the schools do a better job of preparing each
child to go out into the world and earn a living?
It is time to start looking at the kind of education the
children are getting instead of measuring the quality of
education by the amount of money educators are able to
spend.
The Appropriations Bill and the illegally attached House Bill
4358 do nothing for education in Florida except to give
educators more money to spend on a bad system. The
combined effect of these two bills would have a significant
impact on the taxpayers of Florida, however. Although I have
repeatedly said that new taxes are not needed this year, by
passing these bills, the Legislature tried to get around this by
effectively passing a tax for next year. This bill would require
at least $100 million in new taxes next year, and $50 million
more each year for the next two years.
This bill also would set aside $6 million for the Commissioner
of Education to spend for "Vocational Education Improve-
ment." The plans for such an important program should at least
be subject to review by the Board of Education in order to
assure proper benefits from the funds. Instead, this bill would
give the Commissioner unlimited authority to distribute the
money as he wishes without proper controls.

In addition this bill would create the so-called "Christian
Equalization Plan," which is fiscal folly, whether it costs $7
million or $12.5 million. It is unfortunate that the Legislature
would pass a new program with no better idea of how much it
would cost and no limit on the amount that could be spent.
Even those who praise the program admit it is misleading, that
it promises funds which some counties may never receive, that
no one can say exactly what the program is or what it does
until assessment ratio surveys are completed this fall. There is
no way to equalize the amount of money each county should
have until the assessment level is equal in all counties. Giving
additional money to some counties in the name of equalization
only compounds the existing inequities.
This entire package of new money for schools is based upon
the same misconception that total funds can be equalized by
changes based upon millages without considering assessments.
Instead of adopting a logical plan that will be fair to all
counties, large and small, the Legislature in this bill attempts to
use massive amounts of additional money to patch the obvious
holes in the same antiquated system. Many times, I have
offered to work with the Legislature and the educational
leaders of this state to build an educational funding system that
will correct these inequities. But both millages and assessments
must be considered. It would be unfair to impose the changes
proposed in this bill until property assessment levels are equal
in all counties.

Adequate funds to operate the present educational system
were included in the budget which I recommended. If the
Legislature finds these amounts unacceptable, I would have no
objections to a reasonable increase similar to the educational
package which was approved by the Senate. Although this is




higher than the increase I recommended, it could be financed
within a balanced budget.
The budget which I recommended to you in February faced
the needs for new buildings for universities, for junior colleges,
for vocational-technical centers, for other public schools and for
state agencies and institutions. It included a total of $60
millions for a pay-as-you-go construction program.
In order to spend this money for new programs, the framers
of the legislative bill slashed funds from these necessary
projects, leaving the needs to be faced next year. To meet the
needs that could not be pushed aside, they proposed to finance
$12.6 millions in university construction with a bonding scheme
which takes money from the retirement funds of teachers and
state and county employees. This is morally wrong. If accepted,
it also would establish a dangerous precedent for future
legislatures to dip into these funds any time they were not
willing to establish the priorities needed to bring a budget into
balance. The provisions in this bill would cost the career
employees an estimated $3 million. This raid on their retire-
ment funds cannot be allowed.
Additional inequities are built into this bill in the salaries that
would be authorized. Despite the inflation of the current year,
salary adjustments averaging 5 per cent for agency heads were
refused. The requested 5 per cent for other state employees was
included but the appropriation for the Legislature sought to
give twice as much to its own employees. By law, the
Legislature gave itself the right to request as much money as it
felt it needed and this request was not subject to reduction by
the Governor. Yet the appropriation for the Legislature in this
bill is $1.4 million higher than the full request.
The lawmakers also revised their estimates of how many staff
aides they would need and increased that number to provide
109 new employees. If these employees were hired, there would
be almost 3 aides for every member of the Legislature, not
including the 249 employees of the Legislature's Auditor
General.
A serious fault of this bill is the unjustified cut in the
number of Highway Patrolmen included in my recommenda-
tions. These Troopers are desperately needed to save lives on
the highways of every county of this state. Reluctantly, I
reduced the necessary number of new troopers from 300 to
150-not because they were not needed or could not be
financed, but because I was convinced that this was the
maximum number that could be trained during the period. I
said then that we could do no less. This bill arbitrarily cuts that
to 50, ignoring the need to increase highway safety for
Floridians and visitors alike.
This Legislature also was asked to restore the politically
motivated cuts made earlier in the funds for the former
Development Commission. The state's promotional force, now
in the Department of Commerce, needs to be fully funded to
help bring more tourists, more industries and more dollars to
Florida. This need also was ignored. In fact, the amount
appropriated for the development of this state is lower in this
bill than it was seven years ago.
Despite the necessity to provide for the protection and
million from the funds recommended under the Water Re-
sources Development Act.

In some areas, the Legislature has accepted my "Fee for
Service" recommendations which would allow the cost of
regulation and special services to be paid by the direct
beneficiaries instead of the average taxpayer. In other cases,
fees for these special groups were not raised to meet the costs
and these programs still would be subsidized by the tax funds
paid by the general public. This is especially true of the fees
recommended for the industries regulated by the Department of
Agriculture.
There are some features of this bill which are good. But they
do not begin to offset the many bad provisions.
The additional aid to counties for Public Defenders and State
Attorneys, County Health Units and Child Welfare programs,
for example, could have been financed by the $6.5 million
surplus I proposed.
In rejecting this bill, I am fully aware of the thinly veiled
threats that already have been made and of the very real












4 JOURNAL OF THE HOUSE OF REPRESENTATIVES June 10, 1970



possibility of vindictive changes which could make this bill even
worse than it is now. I will do everything in my power to
prevent this from happening.
Before making your decision on funds for the next year, I
urge each of you to consider the needs of the people of this
state and to read again the message I gave you on the opening
day of the 1970 Session. I said then, and I say again to you
now, that we must have a balanced budget and that new taxes
are not needed to provide for the needs of the state. Let me
say it again: new taxes are not needed and I will not accept
any bill that proposes new taxes. As I have told you before, I
also will not accept any bill which tries to prevent the
Governor from exercising his constitutional duty to reject each
item that is not justified. I will veto any bill which tries to
place unconstitutional conditions on the appropriations of
funds as this bill attempts to do.
For these reasons I am withholding my approval from House
Bill 5210, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

HB 5210 (1970 Regular Session) was taken up.

Mr. Turlington moved that HB 5210 (1970 Regular Session)
pass,of e eto of the Governor to the contrary notwithstanding.

Pending roll call, the absence of a quorum was suggested.

A quorum of 115 Members was present.

The question recurred on the passage of HB 5210 (1970
Regular Session). The vote was:

Yeas-77

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Baumgartner
Bevis
Blackburn
Brannen
Brantley
Chapman
Clark, Dick
Clark, J. R.
Conway
Craig
Crider
D'Alemberte
Danahy
Dixon
Dubbin

Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Harris
Hartnett
Hector
Hess
Hodes
Holloway
Kershaw
Lancaster
Lane
Lewis

MacKay
Martinez, E. L.
Matthews
Melvin
Middlemas
Miers
Mixson
Nease
Nichols
Ogden
Pettigrew
Pratt
Randell
Reedy
Reeves
Register
Renick
Roberts
Rowell
Ryals

Sackett
Sessums
Shaw
Singleton
Smith
Stevens
Sweeny
Tucker
Turlington
Tyre
Tyrrell
West
Westberry
Whitworth
Wolfson
Woodward
Yancey

Nays--37

Bassett
Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Earle
Gibson
Gorman

Grizzle
Gustafson
Heath
James
Jordan
King
Lindsey
Martinez, J. M.
McNulty
Moudry

Murphy
Nergard
Poorbaugh
Powell
Prominski
Reed
Robinson
Rude
Savage
Stafford

Tillman, J. K.
Tillman, R. J.
Tobiassen
Ward
Ware
Whitson
Wilson

Pair Vote

I am paired with Representative Wood. If he were present, he
would have voted Nay and I would have voted Yea on the
passage of HB 5210 (1970 Regular Session), the veto of the
Governor to the contrary notwithstanding.

Representative James A. Glisson

So HB 5210 (1970 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 certified to the Senate.

Explanation of vote on HB 5210, (1970 Regular Session)

Although I voted to override the Governor's veto on the
appropriations bill, I want to make it clear that I support the
Governor and his administration. My vote to override is not a
vote against the Governor.
Representative James A. Glisson

The following veto message was read:

Honorable Frederick H. Schultz June 9, 1970
Speaker, House of Representatives

Dear Mr. Speaker:

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 Committee Substitute for House Bill 4358, enacted
by the Legislature during the regular session commencing April
7, 1970, and entitled:
"An act relating to education; repealing section 236.04(10),
Florida Statutes, removing the requirement that instruc-
tional personnel be not less than ninety percent (90%) of
instruction units; amending section 236.07(5) (a), Florida
Statutes, providing additional funds for other current
expense; amending section 236.07(5) (b), Florida Statutes
defining procedure for implementing the ratio study of
assessment levels; amending section 236.07(8), Florida
Statutes, providing for cost of living adjustment; amending
section 236.07(9) (a), Florida Statutes, increasing the
required local effort for participation in the minimum
foundation program; repealing section 236.07%9) (b), Flori-
da Statutes, requiring additional local effort or kindergar-
tens under the minimum foundation program, effective July
1, 1971; amending chapter 236, Florida Statutes, by adding
section 236.072. providing for district ad valorem tax
equalization allocations; prescribing the procedures for
determining eligibility for such allocations; providing for
the distribution of such funds; authorizing the prorating of
funds; amending section 236.074, Florida Statutes, deleting
local matching by school districts for entitlement to district
school additional capital outlay funds; expanding the
purposes for which such funds may be used; amending
section 236.251, Florida Statutes, to authorize additional
voted millage for district operating funds; repealing section
236.251, Florida Statutes, providing limitation on tax levy,
effective July 1, 1974; repealing section 230.761(2), Flori-
da Statutes, requiring district support for junior college,
effective July 1, 1971; amending section 230.764, Florida
Statutes, authorizing recalculation for sales tax funds for
junior college; amending section 230.767(4), Florida Stat-
utes, providing additional funds for other current expense
for junior college; repealing section 230.767(7), Florida
Statutes, determining district financial effort for junior
college, effective July 1, 1971; amending section
230.767(8) Florida Statutes, removing reference to district
financial effort for junior college, effective July 1, 1971;
amending section 230.769, Florida Statutes, deleting re-
quirement for junior college budgets to be reviewed by
budget review board; providing legislative intent regarding
the operating of junior colleges by district boards of
trustees; providing an effective date."

This bill would continue to pour millions upon millions into
the same old, outmoded educational formula for the next three
years without making any improvements in the educational
system. It would cost $48 million in 1970-71. The cost would
go up to $102 millions in 1971-72, $152 millions in 1972-73,
and $209 millions in 1973-74. The Legislature apparently has
given no thought to the financial impact of this bill nor to the
substantial tax increases that would be required next year to
pay the bill.



Not only did the backers of this bill try to force the
Governor to accept it, they maneuvered this far-reaching
legislation into a position where the Legislature itself had to
accept it in order to pass a General Appropriations Act. In this
bill, the entire concept of educational funding was rewritten by
a few members of the Appropriations Conference Committee.











June 10, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 5



This complex formula then was railroaded through the Legis-
lature in one day.
The educational committee members, who are supposed to be
the Legislature's experts on educational financing, had no
chance to consider this new concept and were not sure what
they were approving when it came up for a final vote. In fact,
the explanations given to the members of the House were
challenged by the Chairman of the House Public Education
Committee who criticized the way his committee had been
bypassed in the rush to approve this bill.
On the opening day of the 1970 Legislature, I asked each of
you to determine where we are and where we want to go
before we chart our future path. I asked you to restructure
education, to test the reading levels of the students and to
provide for appointive superintendents. I told you of the need
to devise a system for evaluating teachers and providing them
with incentive pay. I also cautioned that until improvements are
made, the people have had it with taxes. Instead, the majority
listened to the lobbyists for the educational bureaucracy and
discarded these suggestions. Committee Substitute for House
Bill 4358 is not a new approach. It does nothing to assure a
better education for the children. It is based upon the fallacy
that more money means more education.
The amount which the State puts into the Minimum
Foundation Program for aid of schools has increased from a
total of $233.5 million in 1967-68, to a proposed $576 million
in this bill. That means that the cost to the State is almost 21/2
times as much as it was three years ago. I ask each of you to
look at the public school in your county. Are they twice as
good as they were three years ago when the State was spending
less than half as much? Are they any better than they were two
years ago when we added a quarter of a billion dollars to
educational spending?
Are the students learning as much? Has the dropout rate
declined? Do the schools do a better job of preparing each
child to go out into the world and earn a living?
It is time to start looking at the kind of education the
children are getting instead of measuring the quality of
education by the amount of money it is able to spend.
The Appropriations Bill and the illegally attached Committee
Substitute for House Bill 4358 do nothing for education in
Florida except to give educators more money to spend on a
bad system. The combined effect of these two bills would have
a significant impact on the taxpayers of Florida, however.
Although I have repeatedly said that new taxes are not needed
this year, by passing these bills the Legislature tried to get
around this by effectively passing a tax for next year. This bill
would require at least 100 million dollars in new taxes next
year, and 50 million more each year for the next two years
after that.
For these reasons, I am withholding my approval from
Committee Substitute for House Bill 4358, Regular Session of
the Legislature, commencing April 7, 1970, and do hereby veto
the same.
Sincerely,
Claude R. Kirk, Jr.
Governor

CS for HB 4358 (1970 Regular Session) was taken up.

Mr. Harris moved that CS for HB 4358 (1970 Regular
Session) pass, the veto of the Governor to the contrary
notwithstanding.

Pending roll call, the absence of a quorum was suggested.

A quorum of 115 Members was present.

The question recurred on the passage of CS for HB 4358
(1970 Regular Session). The vote was:

Yeas-78

Mr. Speaker
Alvarez
Andrews
Arnold
Baker

Baumgartner
Bevis
Blackburn
Brannen
Brantley

Chapman
Clark, Dick
Clark, J. R.
Conway
Craig

Crider
D'Alemberte
Danahy
Dixon
Dubbin

Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Glisson
Graham
Harris
Hartnett
Hector
Hess

Hodes
Holloway
Kershaw
Lancaster
Lane
Lewis
MacKay
Martinez, E. L.
Matthews
Melvin
Middlemas
Mixson
Nease
Nichols
Ogden

Pettigrew
Pratt
Randell
Reedy
Reeves
Register
Renick
Roberts
Rowell
Ryals
Sackett
Sessums
Shaw
Singleton
Smith

Stevens
Sweeny
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
West
Westberry
Whitworth
Wolfson
Woodward
Yancey

Nays-37

Bassett
Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Earle
Gibson
Gorman

Grizzle
Gustafson
Heath
James
Jordan
King
Lindsey
Martinez, J. M.
McNulty
Miers

Moudry
Murphy
Nergard
Poorbaugh
Powell
Prominski
Reed
Robinson
Rude
Savage

Stafford
Tillman, J. K.
Tillman, R. J.
Ward
Ware
Whitson
Wilson



So CS for HB 4358 (1970 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 certified to the Senate.

Introduction and Reference

By Representative Turlington-

HJR 1-B-A joint resolution establishing a new effective date
for House Bill 5210, an act relating to appropriations for the
various agencies of state government for fiscal year 1970-1971,
which bill was passed by both houses of the legislature during
the 1970 regular 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 5210 enacted during the 1970 regular session of the
legislature shall take effect on July 1, 1970, the veto of the
governor notwithstanding.

-was read the first time and taken up. On motions by Mr.
Turlington, the rules were waived and HJR 1-B was read the
second time and the third time. On passage, the vote was:


Yeas-85

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

Dubbin
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gibson
Gillespie
Glisson
Gorman
Graham
Harris
Hartnett
Hector
Hess
Hodes
Holloway
James
Kershaw
Lancaster

Lane
Lewis
MacKay
Martinez, E.L.
Matthews
Melvin
Middlemas
Miers
Mixson
Nease
Nichols
Ogden
Pettigrew
Pratt
Randell
Reedy
Reeves
Register
Renick
Roberts
Rowell
Ryals

Sackett
Shaw
Singleton
Smith
Stevens
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ware
West
Westberry
Whitworth
Wolfson
Woodward
Yancey


Nays-21

Bothwell
Clark, David
Crabtree

Earle
Grizzle
Heath

King
Lindsey
Martinez, J. M.

McNulty
Moudry
Nergard



















6 JOURNAL OF THE HOUSE OF REPRESENTATIVES June 10, 1970



Poorbaugh
Powell
Prominski

Reed
Robinson
Rude

Stafford
Whitson

Wilson


Representative Sessums was recorded as voting Yea.

So the joint resolution passed and was ordered certified to
the Senate.

By Representative Turlington-

HJR 2-B-A joint resolution establishing a new effective date
for committee substitute for House Bill 4358, an act relating to
the funding of the public school system, which bill was passed
by both houses of the legislature during the 1970 regular
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,
committee substitute for House Bill 4358 enacted during the
1970 regular session of the legislature shall take effect on July
1, 1970, the veto of the governor notwithstanding.

-was read the first time and taken up. On motions by Mr.
Turlington, the rules were waived and HJR 2-B was read the
second time and the third time. On passage, the vote was:

Yeas-86

Mr. Speaker
Alvarez
Andrews
Arnold
Baker
Bassett
Baumgartner
Bevis
Blackburn
Brarinen
Brantley
Chapman
Clark, Dick
Clark, J. R.
Conway
Craig
Crider
Culbreath
D'Alemberte
Danahy
Davis
Dixon

Dubbin
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gillespie
Gorman
Graham
Harris
Hartnett
Hector
Hess
Hodes
Holloway
James
Kershaw
Lancaster
Lane

Lewis
MacKay
Martinez, E.L.
Matthews
Melvin
Middlemas
Mixson
Nease
Nichols
Ogden
Pettigrew
Poorbaugh
Pratt
Randell
Reedy
Reeves
Register
Renick
Roberts
Rowell
Ryals
Sackett

Savage
Sessums
Shaw
Singleton
Smith
Stevens
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Ware
West
Westberry
Whitworth
Wolfson
Woodward
Yancey

Nays-23

Bothwell
Clark, David
Crabtree
Earle
Gibson
Grizzle

Gustafson
Heath
King
Lindsey
Martinez, J. M.
McNulty

Miers
Moudry
Nergard
Powell
Prominski
Reed

Robinson
Rude
Stafford
Whitson
Wilson


So the joint resolution passed and was ordered certified to
the Senate.

Recess

On motion by Mr. Rowell, the House stood in informal recess
at 3:08 P.M. to reconvene upon call of the Speaker.

Reconvened

The House was called to order by the Speaker at 7:47 P.M.

A quorum was present.

Messages from the Senate

The Honorable Frederick H. Schultz June 10, 1970
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 June 10, 1970, the Governor's
objections to the contrary notwithstanding-



HB 5210 (1970 Regular Session)
The Governor's objections attached thereto-

Respectfully,
Edwin G. Fraser
Secretary of the Senate

HB 5210 (1970 Regular Session), contained in the above
message, was ordered certified to the Secretary of State.

The Honorable Frederick H. Schultz June 10, 1970
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 June 10, 1970, the Governor's
objections to the contrary notwithstanding-

CS for HB 4358 (1970 Regular Session)

The Governor's objections attached theretor-

Respectfully,
Edwin G. Fraser
Secretary of the Senate

CS for HB 4358 (1970 Regular Session), contained in the
above message, was ordered certified to the Secretary of State.

The Honorable Frederick H. Schultz June 10, 1970
Speaker, House of Representatives

Sir:

I am directed to inform the House of Representatives that
the Senate has adopted-

By Senator Friday-

SCR 1-B-A concurrent resolution providing for the sine die
adjournment of the Special Session of the Florida Legislature
convened June 10, 1970.

Be It Resolved by the Senate of the State of Florida, the House
of Representatives concurring:

Section 1. This Special Session of the Florida Legislature
convened on June 10, 1970, shall adjourn sine die at 9:00 p.m.,
June 10, 1970.

-and requests the concurrence of the House therein.

Respectfully,
Edwin G. Fraser
Secretary of the Senate
SCR 1-B, contained in the above message, was read the first
time in full. On motions by Mr. Pettigrew, the rules were
waived and SCR 1-B was read the second time by title, adopted
and certified to the Senate.

The Honorable Frederick H. Schultz June 10, 1970
Speaker, House of Representatives

Sir

I am directed to inform the House of Representatives that
the Senate has passed-

HJR 1-B HJR 2-B

Respectfully,
Edwin G. Fraser
Secretary of the Senate

The joint resolutions, contained in the above message, were
ordered enrolled.

Recess

On motion by Mr. Sessums, the House recessed at 7:50 P.M.

Adjournment

Pursuant to the provisions of SCR 1-B2 at 9:00 P.M. the
House of Representatives stood adjourned, sine die.





















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, JUNE 16, 1970



Enrolling Report

-have been enrolled, signed by the required Constitutional
officers and presented to the Governor on June 16, 1970.

Allen Morris, Clerk


HJR 1-B

HJR 2-B







CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 7, 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 a Special Session of
the First Legislature under the Constitution as Revised in 1968,
held on June 10, 1970.


Allen Morris

Clerk



Tallahassee Florida
June 16, 1970


7






INDEX


to the


Journal of the House of Representatives


Special Session


of the


First Legislature


[under the Constitution as Revised in 1968]


June 10, 1970

MISCELLANEOUS SUBJECTS

Governor
Proclamation calling Special Session ..............................................1
Veto Messages
HB 5210 (1970 Regular Session) ...................................................2, 3, 4
CS for HB 4358 (1970 Regular Session) ...........................................4, 5
Secretary of State; transmittal of HB 5210 and CS for HB 4358 .....................2

1970 REGULAR SESSION VETOED HOUSE BILLS

Bill No. Subject Introduced by Pages Disposition



CS for HB
4358 Minimum foundation program; formula
changed; equalization funds ............ Committee on Public School Education-2, 4, 5,
6 . ..................................... Ch. 70-94
HB
5210 General appropriations act .............. Committee on Appropriations-2, 3, 4, 5, 6 ......... Ch. 70-95

HOUSE RESOLUTIONS BY NUMBER, SUBJECT,
INTRODUCER, AND DISPOSITION

HJR
1-B General appropriations act; effective
date .. ........................... Turlington- 5, 6, 7 .............................. Passed

2-B Public school system; funding;
effective date .................. Turlington-6, 7 .................................. Passed

SENATE RESOLUTION (RECEIVED IN HOUSE)
BY NUMBER, SUBJECT, AND INTRODUCER


SCR
1-B Sine die adjournment of special
session ........................ Friday-6 .....................................