Journal of the House of Representatives of the session of ..

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

OCTOBER 9, 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)
31 Bill Andrews, Gainesville (D)
PUTNAM-FLAGLER-ST. JOHNS-LAKE
32 W. H. (Bill) Reedy, Eustis (D)
33 James A. Glisson, Eustis (R)
34 A. 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)
40 Bill Fulford, Orlando (D)
41 David L. Lindsey, Orlando (R)
42 William D. Gorman, Winter Park (R)
43 Lewis Earle, Maitland (R)
44 E. Pope Bassett, Maitland (R)
45 William 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

FRIDAY, OCTOBER 9, 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 Friday, October 9, 1970.

The House of Representatives was called to order at 10:00
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
TO THE MEMBERS OF THE FLORIDA SENATE AND
HOUSE OF REPRESENTATIVES
WHEREAS, the announced substantial increase in automobile
insurance rates is of such great concern to all people in Florida
that immediate legislative action must be undertaken, and
WHEREAS, the urgency of the situation demands the
convening of a special session for the purpose of establishing a
ninety (90) day moratorium on all such increases in order to
permit the Legislature, during such period, to undertake a
careful review of the existing laws and regulations, and
WHEREAS, I find that it is in the best interest of the people
and policy holders in this State that the Legislature be
convened forthwith;
NOW, THEREFORE, I, Claude R. Kirk, Jr., Governor of the
State of Florida, by virtue of the power and authority vested in
me by Section 3, Article III of the Constitution, do hereby
convene the Legislature in special session at the Capitol for one
(1) day beginning at 10 A.M. on Friday, October 9, 1970, and
ending at 5 P.M. on Friday, October 9, 1970.
This call is for the sole and exclusive purpose of considering
the adoption of legislation declaring a ninety (90) day morato-
rium on automobile insurance rate increases and to consider the
adoption of legislation restoring the automobile insurance rate
structure as it existed prior to the date of such increases for
such ninety (90) day period.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol,
this 3 day of October, 1970.
CLAUDE R. KIRK, JR.
Governor

ATTEST:
TOM ADAMS
Secretary of State

The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell

Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
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.
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
Savage
Sessums
Shaw
Singleton
Smith
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 Arnold, Baker, Culbreath, D'Alem-
berte, J. M. Martinez, Jr., and Sackett

A quorum was present.

Prayer

Prayer by The Honorable Philip F. Ashler, Executive Vice
Chancellor, State University System of Florida:
0 God Supreme Architect of the universe and Creator of
all men, as we behold the problems of our world, tempt us
not with quick answers. When every tongue declares a
different truth, when each one praises his own righteous-
ness, let us pause before we speak or praise or act. We
bring our work to Thee to be sanctified, our wounds to be
healed, our hopes to be renewed, our better selves to be
quickened. 0 Lord, in whom there is harmony, draw us to
Thyself, and silence the discords of our wasteful lives. Lift
us above our common littleness and our daily imperfec-
tions. This day guide us all in a course of fairness, equity
and justice. This we ask in the name of our Savior and the
Messiah of Israel. Amen.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of the Special Session of June 10, 1970 was
approved.
House Physician
Dr. William W. Cottrell of Winter Haven was serving at the
Clinic today.

Introduction and Reference
HB 1-C through HB 7-C-Introduction deferred

1

2 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

By the Committee on Insurance
HB 8-C-A bill to be entitled An act relating to insurance;
providing for a one-hundred twenty day moratorium on
increases of automobile insurance rates; providing an effective
date.
On motion by Mr. Matthews, agreed to by the required
Constitutional two-thirds vote, HB 8-C 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. Matthews, HB 8-C was withdrawn from
the Committee on Rules & Calendar and taken up by waiver of
the rules.
On motions by Mr. Matthews, the rules were waived and HB
8-C was read the second time by title and the third time by
title.
Representative Bird offered the following amendment:
In Section 1, line 20, page 2, after "automobile" .insert
"liability"
Mr. Bird moved the adoption of the amendment, which failed
of adoption.

The question recurred on the passage of HB 8-C. The vote

was:

Yeas-105

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Blackburn
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
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.

Matthews
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reeves
Renick
Roberts
Robinson
Rowell
Rude
Ryals
Savage
Sessums

Shaw
Singleton
Smith
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--7

Bird
Bothwell

McNulty
Pratt

Reedy
Register

Stafford

Representative Bevis was recorded as voting Yea.

So the bill passed and was ordered immediately certified to
the Senate.
HB 9-C and HB 10-C-Introduction deferred
By the Committee on Insurance
HB 11-C-A bill to be entitled An act relating to insurance;
amending sections 627.031, 627.062, 627.091, 627.101,
627.111, 627.141, 627.151, 627.181, 627.191, and 627.291,
Florida Statutes, to provide for repeal of the so-called Cali-
fornia Plan as to motor vehicle insurance, and the reinstatement
of prior approval of rates on motor vehicle insurance; adding
new section 627.070, Florida Statutes, to define motor vehicle
insurance; providing an effective date.

Mr. Matthews moved that HB 11-C be admitted for intro-
duction and consideration, the Speaker having ruled that the
measure was not within the purview of the Governor's call. The
vote was:

Yeas-83

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Bevis
Brannen
Brantley
Caldwell
Chapman
Clark, Dick
Clark, J. R.
Conway
Craig
Crider
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone

Firestone
Fortune
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Gustafson
Harris
H-artnett
Hodes
Holloway
James
Jordan
Kershaw
King
Lancaster
Lewis
Lindsey

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

Rude
Ryals
Shaw
Singleton
Smith
Sweeny
Tobiassen
Tucker
Turlington
Tyre
Walker
Ware
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey

Nays-30

Bird
Blackburn
Bothwell
Clark, David
Crabtree
Davis
Fleece
Fulford

Grizzle
Heath
Hector
Hess
Lane
VcNulty
Moudry
Poorbaugh

Pratt
Prominski
Redman
Reed
Robinson
Savage
Sessums
Stafford

Stevens
Tillman, J. K.
Tillman, R. J.
Tyrrell
Ward
West

The motion was agreed to by the required Constitutional
two-thirds vote.

Mr. Gautier moved that the House reconsider the vote by
which HB 11-C was admitted for introduction and considera-
tion.
On motion by Mr. Wolfson, the motion to reconsider was laid
on the table.
HB 11-C was read the first time by title and referred to the
Committee on Rules & Calendar.
On motion by Mr. Matthews, HB 11-C was withdrawn from
the Committee on Rules & Calendar and taken up by waiver of
the rules.
On motion by Mr. Matthews, the rules were waived and HB
11-C was read the second time by title.

The Speaker stated that any amendment which dealt with
rate making would be germane to this particular bill. Other bills
dealing with the California Plan would also be in order.
Representative Lewis offered an amendment which consti-
tuted HB 396 (1969 Regular Session).
Mr. Lewis moved the adoption of the amendment, which
failed of adoption. Without objection, the rules were waived
and the amendment was not spread upon the Journal.
Representative Savage offered the following amendment:
On page 9, line 14, strike all of Section 13
Mr. Savage moved the adoption of the amendment, which
failed of adoption.
Representative Savage offered the following amendment:
On page 9, line 30, strike "immediately upon becoming law."
and insert the following: upon the termination of the 120 day
moratorium on insurance rates established by HB 8-C.
Mr. Savage moved the adoption of the amendment, which
failed of adoption.

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 3

Representative Graham offered the following amendment:
On page 9, between lines 28 and 29, insert the following
subsection: (3) If any section of this act is found to be invalid,
then no policy of insurance in effect on July 1, 1970, or
renewed in reliance on this act, shall be found invalid by reason
of the invalidity of this act.
Mr. Graham moved the adoption of the amendment, which
was adopted.
On motion by Mr. Matthews, the rules were waived and HB
11-C, as amended, was read the third time by title. On passage,
the vote was:

Yeas-82

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Danahy
Davis
Dixon
Dubbin
Earle

Featherstone
Firestone
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Gustafson
Harris
Hartnett
Hodes
Holloway
James
Jordan
Kershaw
King
Lewis
Lindsey
MacKay

Martinez, E. L.
Matthews
Melvin
Middlemas
Miers
Mixson
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Randell
Reeves
Register
Renick
Roberts
Rude
Ryals

Shaw
Singleton
Smith
Sweeny
Tobiassen
Tucker
Turlington
Tyre
Walker
Ware
West
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey

Nays-21
Bird
Blackburn
Bothwell
Fleece
Grizzle
Heath

Hector
Lane
McNulty
Moudry
Pratt
Redman

Reed
Robinson
Savage
Sessums
Stafford
Tillman, J. K.

Tillman, R. J.
Tyrrell
Ward

Representatives Elmore, Fortune, and Gallen were recorded as
voting Yea and Representative Stevens was recorded as voting
Nay.
So the bill passed, as amended, and was ordered engrossed.

Communications
Honorable Frederick H. Schultz October 9, 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, 1970
Regular Session, with the Governor's objections attached there-
to:
HB 1090 Relating to eminent domain proceedings
HB 1499 Relating to toll projects
HB 1504 Relating to nonpartisan election of judicial officers
HB 3189 Relating to beach and shore preservation
HB 3494 Relating to exemption of property held for certain
nonprofit hospitals from ad valorem taxation
HB 3733 Relating to exemption of property used for
treatment of private out-patients or parking lots from taxation
HB. 3761 Relating to Pinellas County, collective bargaining
for firemen
HB 4011 Relating to spearfishing regulations
CS for HB 4079 Relating to the Administration Commission

HB 4345 Relating to allocation of MFP funds for junior
colleges
CS for HB 4542 Relating to funding of state and county
retirement system, legislative intent

HB 4645 Relating to permits for food manufacturers,
processors and packers
HB 5033 Relating to excise taxes on gasoline and like
products
HB 5194 Relating to chemical laboratories, testing complex
and renovation of Mayo Building
HB 5233 Relating to Palm Beach County, collective bargain-
ing for firemen
HB 5248 Relating to the City of Jacksonville, suspension of
officers
HB 5250 Relating to the Hillsborough County Civil Service
Board, method of filling vacancies
HB 5273 Relating to the Department of Transportation,
report to the Legislature
HB 5292 Relating to Pinellas County aquatic preserve
HB 5378 Relating to Flagler County Mosquito Control
District; salaries of members
HB 5459 Relating to Okaloosa County Hospital System,
operation by county commissioners
HB 5489 Relating to the City of Tampa, establishment of
postretirement adjustment account
HB 5507 Relating to Hillsborough County, professional
negotiations for teachers
HB 5518 Relating to Pinellas County, professional negoti-
ations for teachers.
Sincerely,
TOM ADAMS
Secretary of State
-and the above vetoed bills, together with the Governor's
objections thereto, were ordered filed with the Clerk.

Vetoed Bills
Mr. Wolfson asked the Speaker's understanding of the
position of the Legislature upon the vetoes deposited by the
Governor with the Secretary of State after the sine die
adjournment of the last session, and which had been trans-
mitted to the House of Representatives and the Senate in
compliance with the provisions of the Constitution as Revised
in 1968.
The Speaker replied:
"Let me try to explain the position as best I can. Both the
House and the Senate have researched the question as to
whether veto messages must be taken up at this particular
session of the Legislature. In the opinion of the attorneys who
researched the question for the House, the veto messages would
carry over to the next regular session of the Legislature. The
opinion of the attorneys for the Senate differs. The Constitu-
tion provides that veto messages must be entered into the
Journal at the next session of the Legislature, regular or special.
The problem we find ourselves in results from the Supreme
Court's advisory opinion that the Governor could call a special
session for a very short period of time-less than the twenty
days. In other words, the logical problem is, that if he wished
to completely kill all the veto messages, he could call a
one-hour session of the Legislature at which time it would be
obviously impossible to take up veto messages. Now there are a
large number of veto messages. It is therefore our opinion that
logically, they would carry over to the next session of the
Legislature. The Senate disagrees. They feel that the Constitu-
tional provision that they must be entered upon the Journal
then requires that they must be acted upon by that Legislature
or they are dead. Therefore, the Senate has taken up veto
messages. In fairness to the Members, we therefore are on that

4 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

order of business and are taking up veto messages. I think it
certain that if a veto message is not taken up at this session of
the Legislature and an attempt is made to take it up at the
next regular session, there is certainly very apt to be a court
suit on the question. There are certain Members who wish to
have the Legislature take into consideration certain veto
messages, and this is the only way we can be absolutely certain
of the legality of an override of the veto-to take it up at this
session of the Legislature. Therefore, we are now doing so. Mr.
Ogden has requested that we take up House Bill 3733 and has
moved that the veto be overridden."
Mr. Wolfson: "Further parliamentary inquiry, please. I would
like the record to show that there are some of us who believe
that we would not have to take vetoes up now and that the
House of Representatives not go on record as thinking that we
cannot take them up at another subsequent session. So, I would
like the record to show that we may take up some now but we
will certainly have a chance to take up others in the future."
The Speaker: "The record will so reflect."
HB 3733 (1970 Regular Session)-An act relating to property
exempt from taxation; amending sections 196.191(13) and
196.201(2), Florida Statutes; excepting from the exemption
from taxation property which is used for the treatment of
private out-patients or that property used as a parking lot or
parking garage for which there is a fee charge for parking;
providing an effective date.
-was taken up, together with the following veto message:
Honorable Tom Adams June 27, 1970
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Section 8, Article III, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections House Bill 3733, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to property exempt from taxation;
amending sections 196.191(13) and 196.201(2), Florida
Statutes; excepting from the exemption from taxation
property which is used for the treatment of private
out-patients or that property used as a parking lot or
parking garage for which there is a fee charge for parking;
providing an effective date."

House Bill 3733, if allowed to become law, would remove an
exemption from ad valorem taxation heretofore afforded to
certain hospital properties. The bill provides that hospital
properties of a nonprofit hospital shall not be exempt from ad
valorem taxation if such properties are used for treatment of
private out-patients or leased for parking spaces operated by a
profit making organization. The Legislature has devoted a great
deal of time and effort to the problem of property tax
exemptions. Legislation designed to deal equitably with all
charitable and other tax exempt organizations was considered
during the 1970 Session of the Legislature, but not adopted.
The hospital properties affected by this bill would have been
among those included in legislation considered by the 1970
Session of the Legislature, and rightfully so.

However, I do not favor this bill. It appears to single out
these hospital properties while the overriding issue of tax
exemption remains. It is suggested that the Legislature continue
its efforts to provide the people of this state with a fair and
comprehensive law for all exempt organizations, including those
affected by House Bill 3733.

For these reasons, I am withholding my approval of House
Bill 3733, Regular Session of the Legis nature, commencing April
7, 1970, and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Ogden moved that HB 3733 (1970 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The
vote was:

Yeas-101

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone

Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Gorman
Graham
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
James
Kershaw
King
Lancaster
Lane
Lewis
MacKay
Martinez, E. L.
Matthews

McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Rowell
Ryals
Sessums
Shaw

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

Nays-2

Rude

Ward

Representative Bevis was recorded as voting Yea.
So HB 3733 (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.
HB 4645 (1970 Regular Session)-An act relating to food,
amending subsection (8) of section 500.04, Florida Statutes, to
provide an expansion of prohibited acts; amending subsections
(1), (2) and (3) of section 500.06, Florida Statutes, to provide
authority to prevent the use of insanitary food processing
equipment; amending subsection (1) of section 500.12, Florida
Statutes, to require permit for food manufacturers, processors
and packers; providing effective date.
-was taken up, together with the following veto message:
Honorable Tom Adams June 30, 1970
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Section 8, Article III, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections House Bill 4645, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to food, amending subsection (8) of
section 500.04, Florida Statutes, to provide an expansion
of prohibited acts; amending subsections (1), (2) and (3) of
section 500.06, Florida Statutes, to provide authority to
prevent the use of insanitary food processing equipment;
amending subsection (1) of section 500.12, Florida Stat-
utes, to require permit for food manufacturers, processors
and packers; providing effective date."
The first two sections of House Bill 4645 are directed toward
preventing the use of insanitary food processing equipment.
These sections provide that the Department of Agriculture and
Consumer Services may embargo, destroy, etc., articles of food
processing equipment. Such power is seemingly unnecessary in
light of the fact that the Division of Health of the Department
of Health and Rehabilitative Services under Section 170C-17.06
Florida Administrative Code already requires that such equip-
ment and utensils be designed, constructed, located, installed,
maintained and operated in a sanitary manner. This Section of
the health regulation further provides that food machinery,
equipment and utensils shall be of such material, workmanship
and design as to be smooth, impervious, easily cleanable,
resistant to wear, denting, buckling, pitting, chipping, etc.
Equipment surfaces which come in contact with food are also
required to be readily accessible for cleaning and inspection.

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 5

Section 3 of House Bill 4645 would require that the
Department of Agriculture and Consumer Services issue a
permit to all food manufacturing, processing and packing firms.
This is in direct conflict with requirements of Section
170C-17.03 Florida Administrative Code which already requires
an annual operating permit or certificate from the Division of
Health of the Department of Health and Rehabilitative Services.
Such requirement has been included under statutory authority
as a part of the Sanitary Code of Florida since 1941.
If House Bill 4645 were to become law, all food processors
would be required to secure two annual permits, one from the
agriculture agency and the other from the health agency. Such
a procedure would impose an unusual burden on this vital
industry. It would also further compound existing duplicative
responsibilities of these two state agencies and could lead to a
contest between them to determine which would emerge
victorious in an entirely unnecessary permit race. This would
place the food processing industry in the intolerable position of
choosing sides between two state regulatory agencies.
This bill would bring no efficiency to state government.
Rather it would add a need for more state revenue and another
tier of state government on the already overburdened private
sector. It is a step backward in the executive branch's effort to
streamline and reorganize state government.
For these reasons, I am withholding my approval of House
Bill 4645, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Lancaster moved that HB 4645 (1970 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-66

Mr. Speaker
Alvarez
Andrews
Baumgartner
Blackburn
Brannen
Brantley
Chapman
Clark, Dick
Clark, J. R.
Conway
Craig
Crider
Danahy
Dixon
Dubbin
Elmore

Featherstone
Fortune
Fulford
Gallen
Gautier
Gillespie
Graham
Harris
Hector
Hess
Holloway
Kershaw
Lancaster
Lane
Lewis
MacKay
Martinez, E. L.

Matthews
McNulty
Melvin
Miers
Mixson
Murphy
Ogden
Pettigrew
Randell
Redman
Reedy
Reeves
Register
Renick
Rowell
Ryals
Shaw

Singleton
Smith
Stevens
Sweeny
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
West
Whitworth
Wolfson
Woodward
Yancey

Nays-33

Bassett
Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Earle
Fleece

Gibson
Glisson
Gorman
Grizzle
Gustafson
Heath
Hodes
James
Jordan

King
Middlemas
Moudry
Nease
Nergard
Poorbaugh
Powell
Reed
Savage
Stafford
Tillman, J. K.
Ware
Whitson
Wilson
Wood

Representatives Bevis and Hartnett were recorded as voting
Yea.
So HB 4645 (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.
HB 3494 (1970 Regular Session)-An act relating to ad
valorem taxation, exemptions; repealing the final sentence of
196.191 (3) and 196.191 (12), Florida Statutes, relating to
exemption of property held for income for certain nonprofit
hospitals; providing an effective date.

-was taken up, together with the following veto message:
Honorable Tom Adams June 26, 1970
Secretary of State
Dear Mr. Secretary:
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 3494, enacted by the Legislature during
the Regular Session commencing April 7, 1970 and entitled:
"An act relating to ad valorem taxation, exemptions;
repealing the final sentence of 196.191 (3) and 196.191
(12), Florida Statutes, relating to exemption of property
held for income for certain nonprofit hospitals; providing
an effective date."
House Bill 3494 is a general bill of local application which
repeals an exemption heretofore afforded certain properties in
Volusia County. Since 1952 these properties have provided the
people of Volusia County with two charitable hospitals and the
people of Seminole County with a wing to the Sanford
Hospital.
Our Legislature has devoted a great deal of time and effort to
the problem of property tax exemptions. The ad valorem tax
sub-committee of the House conducted numerous public hear-
ings throughout the State. Legislation designed to deal equit-
ably with all charitable and other tax exempt organizations was
considered but not adopted by the Legislature. The hospital
property would have been among those affected by such
legislation, and properly so.
However, I do not favor this bill which appears to single out
these properties while the overriding issue remains. It is
suggested that the Legislature continue its efforts to provide the
people with a fair and comprehensive law for all exempt
organizations, including those affected by House Bill 3494.
For the reasons herein set forth I withhold my approval of
House Bill 3494, Regular Session of the Legislature, com-
mencing April 7, 1970 and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

MR. ROWELL IN THE CHAIR

Mr. Sweeny moved that HB 3494 (1970 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-97

The Chair
Alvarez
Andrews
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Firestone

Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Gorman
Graham
Gustafson
Harris
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lancaster
Lane
Lewis
MacKay
Martinez, E. L.
McNulty

Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Prominski
Randell
Redman
Reed
Reedy
Renick
Roberts
Ryals
Schultz
Sessums
Shaw
Singleton

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

Nays-None

6 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

Representatives Bassett, Bevis, Featherstone, and Hartnett
were recorded as voting Yea and Representative Glisson was
recorded as voting Nay.
So HB 3494 (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.
HB 5273 (1970 Regular Session)-An act relating to the
department of transportation; amending section 334.21(2), (3),
and (4), Florida Statutes; requiring current unfinished projects
to be included in budget; requiring report to legislature;
specifying certain additional information to be included in the
program budget; creating section 334.211, Florida Statutes,
providing for transportation planning; providing an effective
date.
-was taken up, together with the following veto message:

Honorable Tom Adams July 1, 1970
Secretary of State
Dear Mr. Secretary:
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 5273, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to the department of transportation;
amending section 334.21(2). (3), and (4), Florida Statutes;
requiring current unfinished projects to be included in
budget; requiring report to legislature; specifying certain
additional information to be included in the program
budget; creating section 334.211, Florida Statutes, provid-
ing for transportation planning; providing an effective
date."
That portion of House Bill 5273 which addresses itself to the
subject of Department of Transportation budgeting apparently
creates a contradiction in law and as written would be im-
possible to administer.

The Department of Transportation and the Department of
Administration advise that the Annual Program Budget, re-
quired of Department of Transportation by House Bill 5273,
can only be prepared subsequent to receipt of the appropriation
act from the Legislature. This bill contains language that states
that "Notwithstanding any other provisions of law" the annual
program budget shall be transmitted to the Ways and Means
Committee of the Senate and the Appropriations Committee of
the House, not less than thirty (30) days prior to the start of
each regular legislative session.
This language creates confusion in that it does not specify
whether the annual program budget required thirty days prior
to the regular session is for the year covered by the previous
appropriation act or for the appropriation for the upcoming
year. If the Legislature intended this requirement to be for the
annual program budget for the ensuing year, then it would not
be possible for the Department of Transportation to prepare a
budget based upon an appropriations act which the Legislature
has not yet passed.
For these reasons, I am withholding my approval of House
Bill 5273, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Graham moved that HB 5273 (1970 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-89

The Chair
Alvarez
Andrews
Baumgartner
Bothwell
Brannen
Caldwell
Chapman
Clark, David
Clark, Dick

Clark, J. R.
Conway
Crabtree
Craig
Crider

Dixon
Dubbin
Earle
Elmore
Featherstone

Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Gorman
Graham
Gustafson
Harris
Heath
Hector
Hess
Hodes
Holloway
James

Jordan
Kershaw
King
Lancaster
Lane
Lewis
Martinez, E.L.
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nease
Nergard
Nichols
Pettigrew
Poorbaugh

Powell
Randell
Redman
Reed
Reeves
Register
Renick
Roberts
Robinson
Ryals
Schultz
Sessums
Singleton
Smith
Stafford
Stevens
Sweeny
Tillman, J. K.

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

Nays-5

Glisson
McNulty

Prominski
Rude

Ward

Representatives Bassett, Bevis, Brantley, Hartnett, and Shaw
were recorded as voting Yea.
So HB 5273 (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.
The Honorable Frederick H. Schultz October 9, 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 the members of the Senate present October 9, 1970,
the Governor's objections notwithstanding-
SB 281 (1970 Regular Session)-An act relating to the
regulation of municipally-owned electric, water, sewer and gas
utilities; providing for court proceedings to enforce the act or
practice prohibited hereby; providing for treble damages, at-
torney fees and costs to the person or persons aggrieved and
who prevail in the legal proceedings; providing exemption from
application in home rule charter counties; 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 281 (1970 Regular Session) contained in the above
message was taken up, together with the following veto
message:
Honorable Tom Adams July 7, 1970
Secretary of State
Dear Mr. Secretary:
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 281, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to the regulation of municipally-owned
electric water, sewer and gas utilities; providing for court
proceedings to enforce the act or practice prohibited
hereby; providing for treble damages, attorney fees and
costs to the person or persons aggrieved and who prevail in
the legal proceedings; providing exemption from application
in home rule charter counties; providing an effective date."
Senate Bill 281 arbitrarily sets maximum rates that munici-
pally owned utilities may charge for utility services outside the
city limits. In some situations there may be circumstances in
which a municipality may be justified in setting higher rates

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 7

than allowed by this bill. The indirect and undesirable effect of
this bill may be the curtailment of extra-territorial services,
particularly sewage and water, by municipalities because the
oss of revenue would make it uneconomical to continue serving
these areas. This could adversely affect the centralized collec-
tion of sewage and distribution of water service, thereby
increasing pollution potentials. If the cities do not provide these
services, many areas outside of the city limits would be left
without these vital sanitary needs.
Furthermore, the financial loss engendered by this bill upon
cities owning utility facilities would be material. This revenue
loss would come at a very inopportune time, inasmuch as cities
have already budgeted for municipal services for this year and
have included income derived from extra-territorial services in
calculating budget needs. In addition, there is the possibility
that the altering of present rates charged by municipalities
outside the city limit would have the effect of impairing
contracts entered into by municipalities and bond holders.
It would seem that where there are abuses by municipalities
in the setting of extra-territorial rates, the more appropriate
legislative remedy would be in the form of local legislation
dealing with these isolated instances. By utilizing this method
of regulating, the problem itself would be dealt with without
creating a burden for other municipalities.
For these reasons, I am withholding my approval of Senate
Bill 281, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Reed moved that SB 281 (1970 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The
vote was:

Yeas-74

The Chair
Alvarez
Andrews
Bassett
Blackburn
Bothwell
Brannen
Brantley
Clark, David
Clark, J. R.
Conway
Crabtree
Dixon
Dubbin
Earle
Elmore
Featherstone
Fleece
Fulford

Gallen
Gautier
Gibson
Gillespie
Gorman
Graham
Gustafson
Harris
Heath
Hodes
Holloway
Jordan
Kershaw
Lancaster
Lane
Lewis
MacKay
Martinez, E. L.
McNulty

Melvin
Miers
Nease
Nergard
Ogden
Pettigrew
Poorbaugh
Prominski
Randell
Redman
Reed
Reedy
Register
Renick
Roberts
Robinson
Ryals
Shaw
Singleton

Smith
Stevens
Sweeny
Tillman, J.K.
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey

Nays-24

Baumgartner
Bird
Caldwell
Chapman
Clark, Dick
Craig

Firestone
Glisson
Grizzle
Hartnett
Hector
Hess

James
King
Middlemas
Moudry
Murphy
Nichols

Powell
Reeves
Rude
Savage
Tillman, R. J.
Tobiassen

Representatives Bevis and Mixson were recorded as voting
Yea and Representative Shaw changed his vote from Yea to
Nay.
So SB 281 (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.
HB 5233 (1970 Regular Session)-An act authorizing firemen
employed by any municipality fire district port authority or
other governmental entity in Palm Beach county to organize
and collectively bargain through an agent selected by them with
respect to wages; working conditions; containing definitions;
providing that firemen shall not strike- providing a savings
clause; providing for judicial relief; providing an effective date.

-was taken up, together with the following veto message:

Honorable Tom Adams June 16, 1970
Secretary of State
Dear Mr. Secretary:
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 5233, enacted by the Legislature during
the regular session commencing April 7, 1970, and entitled:

"An act authorizing firemen employed by any municipal-
ity, fire district, port authority or other governmental
entity in Palm Beach County to organize and collectively
bargain through an agent selected by them with respect to
wages; working conditions; containing definitions; providing
that firemen shall not strike; providing a savings clause;
providing for judicial relief; providing an effective date."

House Bill 5233 is an act which authorizes the firemen in
Palm Beach County to organize and collectively bargain through
an agent selected by them, with respect to wages and working
conditions. There is ample evidence to show that in those states
where collective bargaining legislation exists there has been a
spiraling increase in the number of illegal public employee
strikes. These illegal strikes are the result of a frustration which
develops when public employees participate in the collective
bargaining process but are legally prohibited from having the
right to strike. The firemen of Palm Beach County, as is true
with other vital local government services such as the police-
men, are necessary to the well-being and safe keeping of the
citizens in the area they serve. Local government services are
only for public purposes and contain none of the peculiar
characteristics of a private enterprise wherein the only purpose
is the pursuing of monetary gain. All governmental entities
receive their monies through taxes levied for the purpose of
supporting the local government and providing essential services
for the body politic. The tax dollar is allocated by representa-
tives selected by the people through the political process. To
allow union development to the point where union bosses force
local government officials to accept certain agreements and
certain demands, is in effect the coercion of the public officials'
right to determine what policies and guidelines are best for the
community and how the tax dollar is to be divided.

In addition to these general observations, there are specific
provisions of House Bill 5233 which are also objectionable. The
subjects to be covered under the collective bargaining in this
Bill are not proper subjects for collective bargaining, when the
employees are public employees. Wages, rates of pay, hours,
retirement benefits, insurance, holidays, etc., are items that
involve policy decisions in the Legislative branch in the
respective communities. This power cannot be delegated away,
but must remain in the hands of the duly elected public
officials. It would be an improper delegation to provide private
persons with governmental authority over the terms and
conditions of public employees.

Moreover, any collective bargaining agreement would neither
be binding nor enforceable against the people's representatives,
as long as these representatives retain the power to establish
policy guidelines concerning wages, rates of pay, hours, retire-
ment benefits, insurance and holidays of public employees.

I am quite confident that our local government officials are
responsive to the needs and desires of public employees. I have
full confidence that they will work with their employees in a
constant effort to maintain the best possible working conditions
within the orderly process of government.

For these reasons, I am withholding my approval from House
Bill 5233, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Reed moved that HB 5233 (1970 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The
vote was:

8 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

Yeas-64

Alvarez
Baumgartner
Blackburn
Brannen
Brantley
Clark, David
Clark, Dick
Clark, J. R.
Crider
Danahy
Davis
Dixon
Dubbin
Featherstone
Firestone
Fleece

Fortune
Gallen
Gautier
Gillespie
Glisson
Graham
Gustafson
Harris
Heath
Hodes
Holloway
James
Kershaw
King
Lancaster
Lane

Lewis
MacKay
Martinez, E.L.
Middlemas
Mixson
Murphy
Nease
Nichols
Pettigrew
Poorbaugh
Prominski
Reed
Reedy
Renick
Roberts
Robinson

Ryals
Savage
Sessums
Singleton
Smith
Stevens
Tillman, J. K.
Turlington
Tyre
Walker
Ward
Whitson
Whitworth
Wolfson
Woodward
Yancey

Nays-22

The Chair
Bassett
Bird
Bothwell
Earle
Fulford

Gibson
Gorman
Grizzle
Hess
Jordan
Melvin

Miers
Powell
Redman
Register
Rude
Tobiassen

Tucker
Tyrrell
Wilson
Wood

Representatives Craig and Hector were recorded as voting Yea
and Representative Ware was recorded as voting Nay.
So HB 5233 (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.
HB 5033 (1970 Regular Session)-An act relating to taxation
on fuels; creating chapter 206, Florida Statutes, levying and
imposing excise taxes on gasoline and like products and other
special motor fuels; regulating fuel distributors; providing for
the report of sale of such commodities and the collection and
payment of taxes; creating special funds for the receipt of
taxes; providing for distribution of revenues from the additional
tax upon gasoline in accordance with the ratio studies con-
ducted by the auditor general; prescribing the duties of the
department of revenue regarding taxes and the regulation of
distributors; providing enforcement procedures and penalties;
repealing sections 207.01, 207.02, 207.03, 207.04, 207.05,
207.06, 207.07, 207.08, 207.09, 207.10, 207.11, 207.12,
207.13, 207.14, 207.15, 207.16, 207.17, 207.18, 207.19,
207.20, 207.21, 207.22, 207.23, 207.24, 207.25, 207.27,
207.28, 207.29, 207.30, 207.31, 207.32, 207.33, 207.34,
207.35, 207.36, 207.37, 207.38, 207.39, 207.40, 207.41,
207.42, 207.43, 207.44, 207.45, 207.46, 207.47, 207.48,
207.49, 207.51, 208.01 208.02, 208.03 208.04, 208.041,
208.05, 208.06, 208.07, 208.08, 208.09, 208.10, 208.11,
208.111, 208.15, 208.16 208.17, 208.18, 208.181, 208.182,
208.183, 208.184, 208.185, 208.186, 208.19, 208.20, 208.21,
208.22, 208.23, 208.24, 208.25, 208.26, 208.27, 208.28,
208.43, 208.44, 208.45, 208.47, 208.48, 208.49, 208.50,
208.51, 208.52, 208.53, 208.54, 208.55, 208.56, 208.57,
208.58, 208.59, 208.60, 208.61, 208.63, 209.001, 209.01,
209.02, 209.03, 209.04, 209.05, 209.06, 209.07, 209.08,
208.09, 209.10, 209.11, 209.111, 209.12, 209.13, 209.14,
209.15, 209.16, 209.17, 209.19, 209.20, 209.21, 209.22,
209.23, and 209.24, which comprise all of chapters 207, 208,
and 209, Florida Statutes, relating to taxes on gasoline and like
products, motor fuels, and to regulation of distributors;
providing an effective date.
--was taken up, together with the following veto message:

Honorable Tom Adams June 27, 1970
Secretary of State
Dear Mr. Secretary:
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 5033, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to taxation on fuels; creating chapter
206, Florida Statutes, levying and imposing excise taxes on

gasoline and like products and other special motor fuels;
regulating fuel distributors; providing for the report of sale
of such commodities and the collection and payment of
taxes; creating special funds for the receipt of taxes;
providing for distribution of revenues from the additional
tax upon gasoline in accordance with the ratio studies
conducted by the auditor general; prescribing the duties of
the department of revenue regarding taxes and the regula-
tion of distributors; providing enforcement procedures and
penalties; repealing sections 207.01, 207.02, 207.03,
207.04, 207.05, 207.06, 207.07, 207.08, 207.09, 207.10,
207.11, 207.12, 207.13, 207.14, 207.15, 207.16, 207.17,
207.18, 207.19, 207.20, 207.21, 207.22, 207.23, 207.24,
207.25, 207.27, 207.28, 207.29, 207.30, 207.31, 207.32,
207.33, 207.34, 207.35, 207.36, 207.37, 207.38, 207.39,
207.40, 207.41, 207.42, 207.43, 207.44, 207.45, 207.46,
207.47, 207.48, 207.49, 207.51, 208.01, 208.02, 208.03,
208.04, 208.041, 208.05, 208.06, 208.07, 208.08 208.09,
208.10, 208.11, 208.111, 208.15, 208.16, 208.17, 208.18,
208.181, 208.182, 208.183, 208.184, 208.185, 208.186,
208.19, 208.20, 208.21, 208.22, 208.23, 208.24, 208.25,
208.26, 208.27, 208.28, 208.43, 208.44, 208.45, 208.47,
208.48, 208.49, 208.50, 208.51, 208.52, 208.53, 208.54,
208.55, 208.56, 208.57, 208.58, 208.59, 208.60, 208.61,
208.63, 209.001, 209.01, 209.02, 209.03, 209.04, 209.05,
209.06* 209.07, 209.08, 208.09, 209.10, 209.11, 209.111,
209.12, 209.13, 209.14, 209.15, 209.16, 209.17, 209.19,
209.20 209.21, 209.22, 209.23, and 209.24, which com-
prise all of chapters 207, 208, and 209 Florida Statutes,
relating to taxes on gasoline and like products, motor fuels,
and to regulation of distributors; providing an effective
date."
This bill purports to "consolidate" Chapter 207, Florida
Statutes (Motor fuels, etc., regulation; distributors; other per-
sons); Chapter 208, Florida Statutes (Taxes on gasoline and like
products of petroleum); and Chapter 209, Florida Statutes
(Taxes on motor fuels other than gasoline) into a new Chapter
206, Florida Statutes.
The history of the bill indicates that the Legislature gave very
little thought to its passage. It is my opinion that a bill of this
nature, which generates as much revenue as the "gas tax
statutes," should have considerable committee debate and
scrutiny.

The bill does little more than change the numbering of the
statutes, retaining the same or in most instances identical
wordage. "Redrafting" of the gas taxing statutes (Chapter 207,
208, and 209, Florida Statutes) should be just that, a "redraft,"
not merely a renumbering. There is no accomplishment here. It
is my feeling that a "redraft" of our gas tax statutes is
necessary so as to take out much of the verbose, redundant
wordage and simplify these statutes. This is not accomplished
by this bill. Legislation of this sort could conceivably lead to
litigation, thereby hampering the collection of revenues gen-
erated by our taxing statutes.
Inasmuch as the Secretary of Transportation has evidenced
his desire to completely revamp the gas taxing statutes to
something less cumbersome, it is my recommendation that the
Legislature completely redraft the gas taxing statutes, in order
to make them more concise and clear as to intent.
For these reasons, I am withholding my approval of House
Bill 5033, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor

THE SPEAKER IN THE CHAIR
Mr. Harris moved that HB 5033 (1970 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The
vote was:

Yeas-86

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Bird
Blackburn

Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.

Conway
Craig
Crider
Danahy
Davis
Dixon
Elmore

Featherstone
Firestone
Fortune
Fulford
Gallen
Gautier
Gibson

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 9

Gillespie
Gorman
Graham
Grizzle
Gustafson
Harris
Heath
Hector
Hess
Hodes
Holloway
James
Jordan
Kershaw
Lancaster

Lane
Lewis
Lindsey
Martinez, E.L.
Melvin
Middlemas
Miers
Moudry
Murphy
Nease
Nergard
Nichols
Pettigrew
Poorbaugh
Powell

Redman
Reed
Reedy
Register
Renick
Roberts
Robinson
Rude
Ryals
Savage
Sessums
Singleton
Smith
Stafford
Stevens

Sweeny
Tillman, J. K.
Tucker
Turlington
Tyre
Tyrrell
Walker
Ware
Whitson
Whitworth
Wolfson
Wood
Yancey

Nays-3

Glisson

McNulty

Mixson

Representative Tobiassen was recorded as voting Yea.

So HB 5033 (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.
CS for HB 4079 (1970 Regular Session)-An act relating to
the administration commission; providing procedures for the
commission to take affirmative action in the absence of the
governor where his concurrence would otherwise be required;
providing procedures for such affirmative action to be recon-
sidered; providing procedures for reconsidering any commission
action that fails because of the lack of concurrence of the
governor; providing that the commission shall set the salaries of
the policy-making employees of the cabinet officers exempted
under section 110.051, Florida Statutes, unless fixed by law;
providing an effective date.
-was taken up, together with the following veto message:

Honorable Tom Adams June 30, 1970
Secretary of State

Dear Mr. Secretary:

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 HB 4079, enacted by the
Legislature during the regular session commencing April 7,
1970, and entitled:
"An act relating to the administration commission; pro-
viding procedures for the commission to take affirmative
action in the absence of the governor where his concur-
rence would otherwise be required; providing procedures
for such affirmative action to be reconsidered; providing
procedures for reconsidering any commission action that
fails because of the lack of concurrence of the governor,
providing that the commission shall set the salaries of the
policy-making employees of the cabinet officers exempted
under section 110.051, Florida Statutes, unless fixed by
law; providing an effective date."
Committee Substitute for HB 4079 by the House Committee
on State Governmental Organization and Efficiency provides
that whenever the Governor is absent from an Administration
Commission meeting, he shall give notice within three days of
his disapproval of any matter presented and acted upon by the
Commission in his absence and requiring his concurrence. It
provides further that if the Governor fails to signify his
disapproval, the action would become final. If, however, the
Governor disapproves of an action which requires his concur-
rence, the Administration Commission is required to reconsider
the action to which the Governor objects. Upon reconsidera-
tion, the Administration Commission may reaffirm its action
without the concurrence of the Governor upon an affirmative
vote of two-thirds of the members present.
Committee Substitute for HB 4079 additionally provides that
even when the Governor is present and an action of the
Commission fails because the Governor has not approved, the
matter may be reconsidered by the Commission at its next
regular meeting, and may be approved without the concurrence
of the Governor upon an affirmative vote of two-thirds of the
members present.

A third major provision of Committee Substitute for HB
4079 is that the Administration Commission, by majority vote,
shall set the salary for each of the policy-making employees and
the secretaries to each in the offices of the Secretary of State,
Attorney General, Comptroller, Treasurer, Commissioner of
Education, and Commissioner of Agriculture as exempted by
each aforementioned officer.
The Administration Commission is a body established within
the Department of Administration exercising limited quasi-
legislative or quasi-judicial power, or both, independently of the
head of the department. The head of the Department of
Administration is the Secretary of Administration who is
appointed by the Governor subject to Senate confirmation. In
passing the Governmental Reorganization Act of 1969, the
Legislature obviously intended to limit the powers of the
Administration Commission since failure to do so would
effectively permit that body to circumscribe the powers and
duties of the Secretary of Administration.

Present law provides that any actions taken by the Depart-
ment of Administration in the revision of pay grade assignments
may be reviewed by the Administration Commission, and the
Department's decisions may be changed by a majority vote of
the Administration Commission if the action related solely to a
position or class of positions in a department headed by a
Cabinet officer, or a department headed by the Governor and
Cabinet. Therefore, if any Cabinet officer is dissatisfied with
the pay grade assignment given to one of his policy-making
employees, he already has the authority to set the salary of
such position provided a majority of the Administration
Commission concurs. Therefore, this provision in this bill is
useless and unwarranted.

For these reasons, I am withholding my approval from
Committee Substitute for HB 4079, Regular Session of the
Legislature, commencing April 7, 1970, and do hereby veto the
same.

Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Pettigrew moved that CS for HB 4079 (1970 Regular
Session) pass, the veto of the Governor to the contrary
notwithstanding. The vote was:

Yeas-65

Mr. Speaker
Alvarez
Andrews
Baumgartner
Blackburn
Brannen
Brantley
Chapman
Clark, Dick
Clark, J. R.
Conway
Craig
Crider
Danahy
Dixon
Dubbin
Elmore

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

Lewis
Martinez, E. L.
Melvin
Middlemas
Mixson
Nichols
Pettigrew
Randell
Redman
Reedy
Register
Renick
Roberts
Rowell
Ryals
Sessums
Shaw

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

Nays-37

Bird
Bothwell
Caldwell
Clark, David
Crabtree
Davis
Earle
Fleece
Gibson
Glisson

Gorman
Grizzle
Gustafson
Heath
James
Jordan
King
Lindsey
McNulty
Moudry

Murphy
Nease
Nergard
Poorbaugh
Powell
Prominski
Reed
Robinson
Rude
Savage

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

Representatives Bassett and Walker were recorded as voting
Yea.

So CS for HB 4079 (1970 Regular Session) failed to pass by
the required Constitutional two thirds vote of all Members
present.

10 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

The veto of the Governor was sustained and the bill was
ordered certified to the Secretary of State.
The Honorable Frederick H. Schultz October 9, 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 October 9, 1970, the Gov-
ernor's objections notwithstanding-

SB 1507 (1970 Regular Session)-An act relating to Citrus
County, hospital and medical nursing and convalescent home
act; amending sections 3, 5 and 16 of chapter 65-1371, Laws
of Florida, by increasing the maximum interest rate for all
debts and obligations of the hospital board; increasing the
number of banks which are authorized to act as depositories for
hospital funds; providing for senate approval and confirmation
for the appointment of trustees; providing for ambulance
service; authorizing the charging of interest on patients' ac-
counts, discounting and collecting accounts and debt obliga-
tions; 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 1507 (1970 Regular Session), contained in the above
message, was taken up, together with the following veto
message:
Honorable Tom Adams June 16, 1970
Secretary of State
Dear Mr. Secretary:
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 1507, enacted by the Legislature during
the regular session commencing April 7, 1970, and entitled:
"An act relating to Citrus County, hospital and medical
nursing and convalescent home act; amending sections 3, 5
and 16 of chapter 65-1371, Laws of Florida, by increasing
the maximum interest rate for all debts and obligations of
the hospital board; increasing the number of banks which
are authorized to act as depositories for hospital funds;
providing for senate approval and confirmation for the
appointment of trustees; providing for ambulance service;
authorizing the charging of interest on patients' accounts,
discounting and collecting accounts and debt obligations;
providing an effective date."
Senate Bill 1507 amends the Citrus County hospital and
medical nursing and convalescent home act in several respects.
In particular, the bill would change the method of filling
vacancies in the governing board by making such appointments
subject to Senate confirmation. This inseparable feature of
Senate Bill 1507 sets a dangerous precedent by requiring local
appointments to be subject to the advise and consent of the
Senate. Senate confirmation of appointments is used extensively
on statewide appointments of officials or administrators, for the
purpose of affording an in-depth consideration of the qualifica-
tions of the appointee. This is well justified and is basic to
good government; but, to initiate the procedure of subjecting
local governmental appointments to Senate confirmation would
create an intolerable burden upon the confirmation process and
would prevent this in-depth consideration, since there are in
excess of 5,000 local appointments made during a four year
term. The precedent established by this bill would defeat the
purpose of Senate confirmation.
For these reasons, I am withholding my approval from Senate
Bill 1507, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Blackburn moved that SB 1507 (1970 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-74

Mr. Speaker
Andrews
Baumgartner
Blackburn,
Brannen
Brantley
Chapman
Clark, Dick
Conway
Craig
Crider
Danahy
Dixon
Dubbin
Elmore
Featherstone
Firestone
Fleece
Fortune

Fulford
Gallen
Gautier
Gillespie
Glisson
Harris
Hartnett
Heath
Hodes
Holloway
Jordan
Kershaw
Lane
Lindsey
MacKay
Martinez, E.L.
Matthews
Melvin
Middlemas

Miers
Mixson
Murphy
Nease
Nichols
Ogden
Pettigrew
Poorbaugh
Randell
Redman
Reed
Reeves
Register
Renick
Roberts
Ryals
Sessums
Shaw
Singleton

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

Nays-14

Bassett
Bothwell
Caldwell
Earle

Gibson
Gorman
Grizzle
King

McNulty
Moudry
Powell
Prominski

Rude
Stafford

Representatives Hector' and Lewis were recorded as voting
Yea and Representative Turlington changed his vote from Yea
to Nay.
So SB 1507 (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.
The rules were waived and the House proceeded to the order
of-

Introduction and Reference

HB 12-C through HB 14-C-Introduction deferred
By Representatives Gallen, J. K. Tillman, Crabtree and Heath
HB 15-C-A bill- to be entitled An act relating to the
Sarasota-Manatee Airport Authority amending Sections 3 and 4,
Chapter 31263, Laws of Florida, Acts of 1955, as amended, to
provide that the Authority shall consist of four members from
and after January 5, 1973, with two members residing in and
elected by the electors of each of the Counties of Manatee and
Sarasota; providing for abolishment of present membership of
Airport Authority effective January 1973; repealing Chapter
70-939 Laws of Florida; and providing an effective date.
On motion by Mr. Crabtree, agreed to by the required
Constitutional two-thirds vote, HB 15-C 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. Crabtree, HB 15-C was withdrawn from
the Committee on Rules & Calendar and taken up by
unanimous consent.
On motions by Mr. Crabtree, the rules were waived and HB
15-C was read the second time by title and the third time by
title. On passage, the vote was:

Yeas-113

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner

Bevis
Bird
Blackburn
Bothwell
Brannen

Brantley
Caldwell
Chapman
Clark, David
Clark, Dick

Clark, J. R.
Conway
Crabtree
Craig
Crider

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 11

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.
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
Savage
Sessums
Shaw
Singleton
Smith
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-None

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

Continuation- of Vetoed Bills

The Honorable Frederick H. Schultz October 9, 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 October 9, 1970, the Gov-
ernor's objections notwithstanding-
SB 1478 (1970 Regular Session)-An act relating to grand
jury commissions; in all counties having a population in excess
of four hundred fifty thousand (450,000), amending sections 1
and 2 of chapter 57-550, Laws of Florida, 1957; providing that
the grand jury commission be composed of the circuit judges of
the judicial circuit encompassing the geographical area of the
county; providing for a chairman and secretary; providing all
laws and parts of laws in conflict herewith be repealed;
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 1478 (1970 Regular Session), contained in the above
message, was taken up, together with the following veto
message:

Honorable Tom Adams July 5, 1970
Secretary of State

Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Section 8, Article III, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections Senate Bill 1478, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to grand jury commissions; in all counties
having a population in excess of four hundred fifty
thousand (450,000), amending sections 1 and 2 of chapter
57-550, Laws of Florida, 1957; providing that the grand
jury commission be composed of the circuit judges of the
judicial circuit encompassing the geographical area of the
county; providing for a chairman and secretary; providing
all laws and parts of laws in conflict herewith be repealed;
providing an effective date."

This bill changes the composition of the grand jury commis-
sion and creates a new grand jury commission composed
entirely of the circuit judges of the judicial circuit of all
counties in the state having a population in excess of four
hundred fifty thousand or more inhabitants. Senate Bill 1478
amends Chapter 57-550, Laws of Florida, 1957, which previous-
ly created a ten member grand jury commission composed of
the: Clerk of the Circuit Court, chairman of the board of
county commissioners, county supervisor of registration, clerk
of the criminal court of record, county judge, and five members
appointed by the Governor. The original grand jury commission
for the counties within this population bracket was created in
1951 and declared that the board of county commissioners
would constitute the grand jury commission. In 1955, the
composition of the grand jury commission was changed and at
that time the clerk of the circuit court, the county supervisor
of registration, and the clerk of the criminal court of record
became the grand jury commission replacing the board of
county commissioners. In 1957 this three man grand jury
commission was increased to ten members, composed of those
individuals hereinabove described.
In examining the duties and responsibilities of the grand jury
commission, as set forth in Chapter 57-550, it appears that the
commission is, among other things, responsible for preparing a
list of five hundred names of persons qualified to serve as
prospective grand jurors; in preparing this list the grand jury
commission "shall make such investigation as it may deem
necessary to determine the qualifications and moral fitness of
persons to serve upon the grand jury". Discharging this
particular duty and responsibility as well as the other duties
and responsibilities set forth in chapter 57-550, is not only vital
to the proper administration of this law, but as a practical
matter is a time consuming function.
The importance of our grand jury system can never be
sufficiently overemphasized. The retention of and adherence to
those factors which will insure the proper selection of a grand
jury is a continuous and never ending process. One such factor
is an effective grand jury commission. I believe that it is unwise
to shift this important and time consuming responsibility from
a grand jury commission as presently constituted, to a grand
jury commission composed entirely of circuit judges. I do not
think the Legislature has fully evaluated the heavy burden this
would place upon a circuit judge; it would only serve to divert
the time and resources of our judges from their constitutional
obligations of resolving judicial controversies.
Our grand jury system has functioned successfully with the
presence of a grand jury commission whose composition did
not include members of the judiciary; to alter the composition
of the grand jury commission would, in my opinion, create an
unnecessary obstacle to the efficient and expeditious adminis-
tration of justice and would remove the judge from the
courtroom by adding additional burdens to his ever increasing
duties and responsibilities. The grand jury commission, as
presently constituted, has been in existence for over thirteen
years and absent any legislative determination that this commis-
sion has not functioned purposefully or that the judicial branch
desires such a significant change, I cannot approve Senate Bill
1478.
For these reasons, I am withholding my approval from
Senate Bill 1478, Regular Session of the Legislature, commenc-
ing April 7, 1970, and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Firestone moved that SB 1478 (1970 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-67

Mr. Speaker
Alvarez
Andrews
Baumgartner
Blackburn
Brannen
Clark, Dick
Clark, J. R.
Conway
Craig
Crider

Danahy
Dixon
Dubbin
Elmore
Featherstone
Firestone
Fortune
Fulford
Gautier
Gillespie
Graham

Harris
Hartnett
Heath
Hector
Hess
Hodes
Holloway
Kershaw
King
Lewis
MacKay

Matthews
Melvin
Middlemas
Mixson
Murphy
Nease
Nichols
Poorbaugh
Powell
Randell
Redman

12 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

Reed
Reedy
Reeves
Renick
Ryals
Sessums

Shaw
Singleton
Smith
Tillman, J. K.
Tobiassen
Tucker

Turlington
Tyre
Tyrrell
Walker
Ware
Westberry

Whitworth
Wilson
Wolfson
Woodward
Yancey

Nays-16
Bassett
Bothwell
Caldwell
Clark, David

Davis
Earle
Gibson
Gorman

Grizzle
Gustafson
James
Nergard

Prominski
Rude
Stafford
Whitson

Representative Chapman was recorded as voting Yea.

So SB 1478 (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.
CS for HB 4542 (1970 Regular Session)-An act relating to
the funding of the state and county retirement system;
establishing legislative intent that local agencies covered under
section 122.35, Florida Statutes, pertaining to all county
agencies except boards of public instruction; each agency to
receive a fifty per cent (50%) credit in the form of a debit
memorandum on their 1967-1969 actual cost for retirement
and social security; providing an effective date.
-was taken up, together with the following veto message:
Honorable Tom Adams June 27, 1970
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Section 8, Article III, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections Committee Substitute for House Bill 4542, enacted
by the Legislature during the Regular Session commencing April
7, 1970, and entitled:
"An act relating to the funding of the state and county
retirement system; establishing legislative intent that local
agencies covered under section 122.35, Florida Statutes,
pertaining to all county agencies except boards of public
instruction; each agency to receive a fifty per cent (50%)
credit in the form of a debit memorandum on their
1967-1969 actual cost for retirement and social security;
providing an effective date."
The effect of this bill would be to allow some counties to
pay less than their share of contributions to the retirement
fund for the period involved, thereby increasing the actuarial
deficit. It is an attempt to get around the increased contribu-
tions required by my insistence that counties honestly meet
their obligations and pay the full amount necessary to match
employee contributions.
The plan adopted by the Legislature to reach full participa-
tion by the counties by July 1, 1969, already has cost the
retirement system $5,581,494 during the two year period. This
bill would make "refunds" to some counties, costing the system
an additional $4,800,000 and defeating the objective of keeping
this fund actuarially sound.
This bill obviously was designed to solve Dade County's
financial difficulties by giving the county additional money that
should be kept in the State and County Employees' Trust
Fund. Of the $4,800,000 which this bill would take from the
fund, Dade County would receive $3,071,000.
Dade County was, or certainly should have been, completely
aware that its cost of payments to the retirement fund was
increasing and would have to be fully met. Before making
adequate provision to pay its own share of the contribution,
however, county officials added to their problem by agreeing to
pay half the cost of the employee's contribution. No considera-
tion was given to the financial effect of this agreement, which
cost the county substantial sums not required by the retirement
contributions law.
Dollars held in trust for the retirement of employees cannot
be used as a slush fund to bail counties out of financial

difficulties. Each county, as an employer, must meet its full
legal liability to guarantee a financially sound fund to finance
the well earned retirement of these career employees.
For these reasons, I am withholding my approval of Com-
mittee Substitute for House Bill 4542, Regular Session of the
Legislature, commencing April 7, 1970, and do hereby veto the
same.
Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Dubbin moved that CS for HB 4542 (1970 Regular
Session) pass, the veto of the Governor to the contrary
notwithstanding. The vote was:

Yeas-74

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

Firestone
Fleece
Fortune
Fulford
Gautier
Gillespie
Glisson
Graham
Gustafson
Harris
Hartnett
Hector
Hess
Hodes
Holloway
James
Kershaw
Lane
Lewis

MacKay
Martinez, E.L.
Matthews
Melvin
Murphy
Nease
Nichols
Ogden
Pettigrew
Powell
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Robinson
Sessums

Shaw
Singleton
Smith
Stevens
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ware
Whitson
Whitworth
Wolfson
Yancey

Nays-11

Bothwell
Caldwell
Gibson

Gorman
Grizzle
Heath

King
McNulty
Moudry

Poorbaugh
Rude

Representative Bassett was recorded as voting Yea, Repre-
sentative Earle was recorded as voting Nay and Representative
Heath changed his vote from Nay to Yea.
So CS for HB 4542 (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.

The Honorable Frederick H. Schultz October 9, 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 October 9, 1970, the Gover-
nor's objections notwithstanding-
SB 1538 (1970 Regular Session)-An act amending Chapter
63-1447, Laws of Florida, relating to the Jacksonville Port
Authority; providing the Mayor of Jacksonville a third appoint-
ment to the seven member Authority; providing for the
staggering of terms of Members of the Authority, and for
appointments to the Authority alternately by the Mayor and
the Governor; and otherwise re-enacting and paragraphing said
Section 1 of Chapter 63-1447, Laws of Florida, as amended;
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 1538 (1970 Regular Session), contained in the above
message, was taken up, together with the following veto
message:

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 13

Honorable Tom Adams July 7, 1970
Secretary of State

Dear Mr. Secretary:
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 1538, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act amending Chapter 63-1447, Laws of Florida,
relating to the Jacksonville Port Authority; providing the
Mayor of Jacksonville a third appointment to the seven
member Authority; providing for the staggering of terms of
Members of the Authority, arid for appointments to the
Authority alternately by the Mayor and the Governor; and
otherwise re-enacting and paragraphing said Section 1 of
Chapter 63-1447, Laws of Florida, as amended; providing
an effective date.'

This bill alters the method of making appointments to the
Jacksonville Port Authority. Presently, the Port Authority
consists of seven members, five of whom "shall be appointed
by the Governor and confirmed by the Senate of the State of
Florida". Under Senate Bill 1538, three members of the
Authority would now be appointed by the Mayor. Except for
this change, the basic duties and responsibilities of the Port
Authority remain virtually unaffected.
If the Legislature is of the opinion that the present Port
Authority is not functioning in an efficient or effective manner
because of the method of their selection, then the Legislature
should either abolish the Port Authority or provide a uniform,
rather than a piecemeal, method of appointment. This they
have not chosen to do. Senate Bill 1538, in its present form,
serves only to dilute the power of appointment traditionally
vested in the Chief Executive of the State; there is nothing on
the face of Senate Bill 1538 to reflect any purpose other than
to restrict the executive power of appointment. Absent any
legislative declaration or finding that the alteration of one
appointment will improve the efficiency and effectiveness of
the Authority, I can see no useful purpose to be served by
Senate Bill 1538 and cannot find where this bill would be
beneficial to the best interests of the citizens of Duval County.
For these reasons, I am withholding my approval of Senate
Bill 1538, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor
Mr. Nichols moved that SB 1538 (1970 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The
vote was:

Yeas-112

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Bevis
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crider
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.
Matthews
McNulty
Melvin
Middlemas
Miers
Mixson
Moudry
Murphy
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Powell
Pratt
Prominski
Randell
Redman
Reed
Reedy
Reeves
Register
Renick
Roberts
Robinson
Rowell
Rude

Ryals
Savage
Sessums
Shaw
Singleton
Smith
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

Nease

So SB 1538 (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.

HB 3761 (1970 Regular Session)-An act relating to profes-
sional negotiations for firemen in Pinellas county; defining
certain terms; establishing the right to organize and bargain
collectively; providing for recognition of bargaining agents;
providing for arbitration of disputes by an arbitration board;
providing for composition of hearings by and expenses of the
board; providing that the decisions of the board shall be
advisory; defining collective bargaining contract; providing that
firemen under the act shall not strike; providing for requests for
collective bargaining; providing a savings clause; repealing
conflicting laws; providing an effective date.

-was taken up, together with the following veto message.

Honorable Tom Adams June 30, 1970
Secretary of State

Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Section 8, Article III, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections House Bill 3761, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to professional negotiations for firemen in
Pinellas county; defining certain terms; establishing the
right to organize and bargain collectively; providing for
recognition of bargaining agents; providing for arbitration
of disputes by an arbitration board; providing for composi-
tion of hearings by and expenses of the board; providing
that the decisions of the board shall be advisory; defining
collective bargaining contract; providing that firemen under
the act shall not strike; providing for requests for collective
bargaining; providing a savings clause; repealing conflicting
laws; providing an effective date."
House Bill 3761 purports to be a local bill pertaining to
professional negotiations for firemen in Pinellas County, but
according to the definitions contained in the bill, it would
affect the permanent paid members of any fire department in
the state and involve 'the proper officials within any political
subdivision in and of the state whose duty or duties are to
establish the wages, salaries, rates of pay, hours, working
conditions, and other terms and conditions of employment."
Aside from obvious errors in draftsmanship, this bill would
require collective bargaining, exclusive representation, and com-
pulsory arbitration. I shall remain firm in my conviction that
collective bargaining, particularly when it is based on an
ambiguous piece of legislation such as this, will result in
confusion, frustration, and illegal strikes because of misunder-
standing. This is another futile example of trying to provide for
the right of collective bargaining without considering that
public employees are prohibited by law from striking. This bill
is patterned after collective bargaining agreements that have
evolved in the private sector, but which are clearly not
applicable to the unique circumstances and vital responsibilities
of public employment. Legislation which permits local govern-
mental officials to delegate their responsibilities and duties to
union bosses, who are not answerable to the public, is
intolerable and cannot be permitted to become law.
For these reasons, I am withholding my approval from House
Bill 3761, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Fleece moved that HB 3761 (1970 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The
vote was:

14 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

Yeas-53

Mr. Speaker
Bevis
Blackburn
Brannen
Brantley
Chapman
Clark, J. R.
Conway
Craig
Crider
Danahy
Davis
Dixon
Dubbin

Elmore
Featherstone
Firestone
Fleece
Gautier
Gustafson
Hartnett
Heath
Hodes
Holloway
James
Kershaw
Lane
Martinez, E. L.

McNulty
Middlemas
Murphy
Nease
Ogden
Pettigrew
Poorbaugh
Randell
Redman
Reedy
Renick
Robinson
Ryals
Sessums

Singleton
Smith
Sweeny
Tillman, J. K.
Tillman, R. J.
Tucker
Walker
Whitson
Whitworth
Wolfson
Yancey

Nays-29

Alvarez
Andrews
Baumgartner
Bothwell
Clark, Dick
Earle
Fortune
Fulford

Gallen
Gibson
Gorman
Grizzle
Hector
Hess
Jordan
King

MacKay
Melvin
Moudry
Powell
Reeves
Register
Roberts
Rude

Stafford
Tobiassen
Tyrrell
Ware
Wilson

Representative Bassett was recorded as voting Nay, Repre-
sentatives Dubbin, E. L. Martinez, and Renick changed their
votes from Yea to Nay, and Representative Ware changed his
vote from Nay to Yea.

So HB 3761 (1970 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 certified to the Secretary of State.
HB 5250 (1970 Regular Session)-An act relating to the
Hillsborough County Civil Service Board; Chapter 69-1121,
Laws of Florida; amending Section 1, relating to membership of
the board; Section 4, relating to board employees; Section 7,
relating to powers of the board; Section 9, relating to the
classification and pay plan; Section 13, relating to examinations
and eligibility lists; Section 15, relating to filling of vacancies;
Section 23, relating to appropriation of funds; providing an
effective date.
-was taken up, together with the following veto message:

Honorable Tom Adams June 27, 1970
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Section 8, Article III, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections House Bill 5250, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to the Hillsborough County Civil Service
Board; Chapter 69-1121, Laws of Florida; amending Sec-
tion 1, relating to membership of the board; Section 4,
relating to board employees; Section 7, relating to powers
of the board; Section 9, relating to the classification and
pay plan; Section 13, relating to examinations and eligibili-
ty lists; Section 15, relating to filling of vacancies; Section
23, relating to appropriation of funds; providing an effec-
tive date."
This bill amends several provisions of the Hillsborough
County Civil Service Law. Of particular significance is the
provision appearing in Section 1 of House Bill 5250, which
changes the method of filling vacancies on the Civil Service
Board in such a manner as to be inconsistent with the Florida
Constitution. House Bill 5250 provides that "all of said
appointments shall be by members of the Florida Legislature
representing Hillsborough County."
Under the provisions of Section 1 (f), Article IV, Constitu-
tion of Florida, it is provided that:
"When not otherwise provided for in this constitution, the
governor shall fill by appointment any vacancy in state or
county office for the remainder of the term of an

appointive office, and for the remainder of the term of an
elective office if less than twenty-eight months, otherwise
until the first Tuesday after the first Monday following the
next general election."

Not only does House Bill 5250 conflict with Section 1 (f),
above, it also disregards the very basic concept of the
separation of the powers of government as set forth in Section
3, Article II, Florida Constitution, which provides as follows:
"The powers of the state government shall be divided into
legislative, executive and judicial branches. No person
belonging to one branch shall exercise any powers apper-
taining to either of the other branches unless expressly
provided herein."
To sanction the exercise by the legislative branch of a purely
executive function, namely the appointment of state and
county officers, would be a recognition of the encroachment by
one branch upon the other, absolutely prohibited by Section 3,
Article II of the Florida Constitution. I do not believe that the
members of the Legislature were aware of this provision
contained in House Bill 5250, nor do I believe that they
intended to pass a bill which is in such obvious conflict with
provisions of the Florida Constitution.
For these reasons, I am withholding my approval of House
Bill 5250, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor

Dr. Hodes moved that HB 5250 (1970 Regular Session) pass,
the veto of the Governor tothe contrary notwithstanding. The
vote was:

Yeas-65
Mr. Speaker
Andrews
Baumgartner
Bevis
Blackburn
Brantley
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Craig
Danahy
Dixon
Elmore
Featherstone
Firestone

Fortune
Gillespie
Graham
Gustafson
Harris
Hartnett
Heath
Hector
Hess
Hodes
James
Jordan
Kershaw
King
Lancaster
Lane
Martinez, E.L.

Melvin
Middlemas
Mixson
Murphy
Nichols
Pettigrew
Poorbaugh
Randell
Reed
Reeves
Renick
Roberts
Robinson
Ryals
Sessums
Shaw
Smith

Sweeny
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey

Nays-17

Bothwell
Davis
Earle
Fulford
Gibson

Gorman
Grizzle
McNulty
Nease
Powell

Redman
Register
Rude
Stafford
Ward

Ware
Wood

Representatives Bassett and Stevens were recorded as voting
Yea.

So HB 5250 (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.
The Honorable Frederick H. Schultz October 9, 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 October 9, 1970, the Gover-
nor's objections notwithstanding-

SB 1382 (1970 Regular Session)-An act relating to retire-
ment system for school teachers; amending section

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 15

238.07(16) 4. (b), Florida Statutes, by adding item 7. relating to
retired members; 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 1382 (1970 Regular Session), contained in the above
message, was taken up, together with the following veto
message:
Honorable Tom Adams June 26, 1970
Secretary of State
Dear Mr. Secretary:
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 1382, enacted by the Legislature during
the regular session conimencing April 7, 1970, and entitled:
"An act relating to retirement system for school teachers;
amending section '238.07(16)4. (b), Florida Statutes, by
adding item 7. relating to retired members; providing an
effective date."
Senate Bill 1382 would establish a benefit which would be
inconsistent with the efforts of this administration to provide a
uniform retirement system which is actuarially sound. By
providing a death benefit of $500 for the survivors of those
teachers who retired after July 1, 1957, this bill would
automatically create a liability of several millions of dollars
without requiring any additional payments to be made into the
fund. Apparently, no actuary has expressed an opinion as to
the soundness of the proposal.

The $500 death benefit, which is proposed for this group of
retired teachers in addition to the current benefits, is not
provided for other retired teachers nor members of other
retirement funds administered by the State. The Division of
Personnel and Retirement and members of the Joint House-
Senate Subcommittee on Retirement spent a considerable
amount of time studying the present retirement systems for
state and county employees and teachers to determine what
improvements should be included in the bill creating the
consolidated retirement system. Although numerous benefits
were added, the determination was made that this this type of
death benefit could not be included without requiring increased
contributions or making the fund actuarially unsound. There
also is a legal question as to whether those teachers electing to
transfer into the consolidated retirement system would maintain
the death benefit in addition to the Social Security benefits.
Any law relating to the extension of the survivor's benefits
should clearly stipulate that this new benefit is not in addition
to Social Security benefits provided by the State.
For these reasons I am withholding my approval from Senate
Bill 1382, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.

Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Poorbaugh moved that SB 1382 (1970 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:
Yeas-78

Mr. Speaker
Andrews
Baumgartner
Bevis
Bird
Blackburn
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick

Clark, J. R.
Conway
Danahy
Davis
Dixon
Dubbin
Earle
Elmore
Featherstone
Fortune
Fulford
Gallen

Gautier
Gibson
Gillespie
Gorman
Graham
Harris
Hartnett
Heath
Hector
Hess
James
Kershaw

King
Lancaster
Lane
Lewis
MacKay
Martinez. E. L.
McNulty
Melvin
Middlemas
Mixson
Moudry
Nergard

Nichols
Pettigrew
Poorbaugh
Randell
Redman
Reed
Reedy
Reeves

Register
Renick
Rayls
Shaw
Singleton
Smith
Sweeny
Tillman, J. K.

Tillman, R.J.
Tobiassen
Tucker
Tyre
Tyrrell
Walker
Ward
Ware

Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey

Nays-8

Bothwell
Glisson

Grizzle
Nease

Powell
Rowell

Rude
Wood

Representatives Bassett and Craig were recorded as voting
Yea.

So SB 1382 (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.
The rules were waived and the House proceeded to the order
of-
Introduction and Reference
HB 16-C through HB 19-C-Introduction deferred
By Representatives Graham and Featherstone
HB 20-C-A bill to be entitled An act relating to insurance;
setting limitations on the cancellation of automobile insurance
policies where the insured relied upon a law preventing rate
increases; providing an effective date.
On motion by Mr. Graham, agreed to by the required
Constitutional two-thirds vote, HB 20-C 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. Graham, HB 20-C was withdrawn from the
Committee on Rules & Calendar and taken up by waiver of the
rules.
On motions by Mr. Graham, the rules were waived and HB
20-C was read the second time by title and the third time by
title. On passage, the vote was:

Yeas-88

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Caldwell
Chapman
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crider
Davis
Dixon
Dubbin
Earle
Elmore

Featherstone
Firestone
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Graham
Grizzle
Gustafson
Hector
Hess
Holloway
James
Kershaw
Lancaster
Lane
Lewis
Lindsey

MacKay
Martinez, E.L.
Matthews
Melvin
Middlemas
Moudry
Murphy
Nease
Nergard
Nichols
Pettigrew
Poorbaugh
Powell
Randell
Redman
Reed
Reedy
Register
Renick
Roberts
Rowell
Rude

Ryals
Sessums
Shaw
Singleton
Smith
Tillman, J. K.
Tillman, R. J.
Tobiassen
Turlington
Tyre
Tyrrell
Walker
Ward
Ware
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey

Nays-1

McNulty

Representative Craig was recorded as voting Yea.
So the bill passed and was ordered immediately certified to
the Senate.

16 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

Continuation of Vetoed Bills
HB 1499 (1970 Regular Session)-An act relating to toll
projects of the state of Florida; providing that no changes may
be made in the toll rate for use of such projects without the
approval of the state agency which issued the bonds and the
approval of the state board of administration; providing an
effective date.
-was taken up, together with the following veto message:
Honorable Tom Adams June 30, 1970
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Section 8, Article III, of the Constitution of
the State of Florida, I hereby transmit to you with my
objections House Bill 1499, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to toll projects of the state of Florida;
providing that no changes may be made in the toll rate for
use of such projects without the approval of the state
agency which issued the bonds and the approval of the
state board of administration; providing an effective date."
This bill provides that no changes may be made in any toll
rate or schedule without the approval of the state agency which
issued the bonds and approval of the State Board of Adminis-
tration. This portion of the act is fine, inasmuch as the Trust
Indenture provides for this. However, the provision in the act
which states that nothing in the act shall be construed as
prohibiting the Legislature from making adjustments in toll
schedules is objectionable.
Toll schedules are generally set by a traffic analyst consultant
at the time the bonds are offered to the public. The toll
schedules, by the Trust Indenture, may be changed only upon
an analysis by a qualified traffic consultant, subject to approval
of the agency which issued the bonds and the State Board of
Administration.
It is felt that this act may seriously curtail the selling of
bonds in the State of Florida if the potential bondholders feel
that the Legislature could set the toll schedule without regard
to needed revenues.
It is further my opinion that bond issues currently in
existence can not be tampered with through subsequent law,
and this act may be unconstitutional because it impairs an
existing contract-Trust Indenture.
For these reasons, I am withholding my approval from House
Bill 1499, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor
Mr. Wilson moved that HB 1499 (1970 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The
vote was:

Yeas--80

Mr. Speaker
Alvarez
Andrews
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brantley
Caldwell
Clark, David
Clark, Dick
Clark, J. R.
Crabtree
Craig
Crider
Dixon
Earle
Elmore
Featherstone

Fortune
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Gustafson
Hector
Hodes
Holloway
James
Jordan
Kershaw
Lancaster
Lane
Lindsey
MacKay
Martinez, E. L.
McNulty

Melvin
Middlemas
Mixson
Moudry
Nease
Nergard
Nichols
Pettigrew
Poorbaugh
Powell
Randell
Redman
Reed
Register
Renick
Roberts
Robinson
Rude
Ryals
Savage

Sessums
Shaw
Singleton
Sweeny
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Ware
Westberry
Whitson
Whitworth
Wilson
Wolfson
Wood
Woodward
Yancey

Nays-3

Chapman

Grizzle

Murphy

So HB 1499 (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.
HB 5292 (1970 Regular Session)-An act relating to Pinellas
County; providing for the establishment of an aquatic preserve;
providing restrictions upon the sale and use of submerged lands
and waters within the boundaries of the preserve; providing for
administration by the board of trustees of the internal
improvement trust fund; preserving riparian rights; preserving
the authority of the Pinellas County water and navigation
control authority; providing severability; providing an effective
date.

-was taken up, together with the following veto message:

Honorable Tom Adams July 1, 1970
Secretary of State
Dear Mr. Secretary:
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 5292, enacted by the Legislature during
the Regular Session commencing April 7, 1970, and entitled:
"An act relating to Pinellas County; providing for the
establishment of an aquatic preserve; providing restrictions
upon the sale and use of submerged lands and waters
within the boundaries of the preserve; providing for
administration by the board of trustees of the internal
improvement trust fund; preserving riparian rights; pre-
serving the authority of the Pinellas County water and
navigation control authority; providing severability; pro-
viding an effective date."
I consider the establishment of the state-wide system of
aquatic preserves last fall as one of the outstanding accomplish-
ments of my administration. These preserves, fourteen on the
Gulf Coast and twelve on the Atlantic Coast, were chosen
because of their outstanding biological, scientific and esthetic
qualities after lengthy study by the State Inter-Agency Advisory
Committee on Submerged Land Management. House Bill 5292,
a local act, is a sincere attempt by the Pinellas County
Legislative Delegation to complement the work of the State
Advisory Committee by establishing all sovereignty land in
Pinellas County as a preserve. Although Pinellas County has
suffered greatly from indiscriminate dredging and filling and
there is a great need for better submerged land management, I
do not believe that House Bill 5292 is the best way to preserve
what is left of our natural marine heritage in Pinellas County.
This local law has the effect of restricting the present
statutory responsibilities imposed by general law upon the
Trustees of the Internal Improvement Fund and would prevent
uniformity in the enforcement of our state laws relating to
preservation of natural resources.
While this bill is aimed at preserving natural resources, other
local legislation could have the reverse effect, creating a
hodge-podge of local laws throughout the state.
Of particular concern is the serious constitutional questions
raised by this bill as reflected by apparent inconsistencies with
the provisions of Section 11, Article III and Section 11, Article
X, Constitution of Florida. All of these matters have been
brought to my attention by a majority of the members of the
Pinellas County Delegaton, and I share with them their concern
not only for the preservation of our natural resources, but in
addition, that such preservation be effectuated in a manner
consistent with the Constitution and laws of this state. With the
assurance that the present structure of Florida law provides the
framework within which the objectives of House Bill 5292 may
be achieved, a majority of the Pinellas County Delegation is in
agreement that this bill should be vetoed and that the question
of establishing aquatic preserve be immediately reviewed by the
Inter-Agency Advisory Committee.
In addition, I urge that the previous recommendation of this
Committee for relocation of bulkhead lines in Pinellas County

October 9, 1970 JOURNAL OF THE HOUSE OF REPRESENTATIVES 17

be acted on by the local authorities as the best means to
preserve our valuable marine resources in that area.
It should be emphasized that House Bill 5292 is indeed a
sincere effort on the part of the Pinellas County Delegation and
the Legislature to preserve natural resources in Pinellas County,
but that this result can be more effectively achieved within the
framework of a state-wide, scientifically developed, plan.
For these reasons, I am withholding my approval of House
Bill 5292, Regular Session of the Legislature, commencing April
7, 1970, and do hereby veto the same.
Sincerely,
Claude R. Kirk, Jr.
Governor
Mr. Whitson moved that HB 5292 (1970 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-20

Mr. Speaker
Chapman
Davis
Featherstone
Graham

Harris
Jordan
King
Middlemas
Moudry

Murphy
Pettigrew
Randell
Reedy
Robinson

Savage
Tillman, J. K.
Ware
Whitson
Wilson

Nays-63

Andrews
Bassett
Baumgartner
Bird
Blackburn
Bothwell
Brannen
Brantley
Clark, David
Clark, Dick
Clark,-J. R.
Conway
Crabtree
Danahy
Dixon
Dubbin

Earle
Elmore
Firestone
Fortune
Gallen
Gibson
Gillespie
Glisson
Gorman
Grizzle
Hartnett
Heath
Hess
Hodes
Holloway
James

Kershaw
Lancaster
Lane
Lindsey
MacKay
Martinez, E. L.
McNulty
Melvin
Miers
Mixson
Nease
Nichols
Poorbaugh
Powell
Redman
Reed

Rowell
Rude
Sessums
Singleton
Tillman, R. J.
Tobiassen
Tucker
Tyre
Tyrrell
Walker
Whitworth
Wolfson
Wood
Woodward
Yancey

Under Rule 5.1, Mr. Register abstained from voting.
So HB 5292 (1970 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 certified to the Secretary of State.
CS for HB 701 (1970 Regular Session)-An act relating to
affrays, riots, routs and unlawful assemblies; amending chapter
870, Florida Statutes, by the addition of new sections 870.041,
870.042, 870.043, 870.044, 870.045, 870.046, 870.047,
870.048, 870.049; establishing a procedure for declaration that
a state of emergency exists, by county sheriffs or authorized
municipal official; providing for the establishment of a curfew
during the existence of the state of emergency; designating
automatic and discretionary emergency powers to said sheriff or
municipal official; provides penalty for violation; provides an
effective date.
-was taken up, together with the following veto message:

Honorable Frederick H. Schultz May 12, 1970
Speaker of the House

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 701, enacted by
the Legislature during the regular session commencing April 7,
1970, and entitled:
"An act relating to affrays, riots, routs and unlawful
assemblies; amending chapter 870, Florida Statutes, by the
addition of new sections 870.041, 870.042, 870.043,
870.044, 870.045, 870.046, 870.047, 870.048, 870.049;
establishing a procedure for declaration that a state of

emergency exists, by county sheriffs or authorized
municipal official; providing for the establishment of a
curfew during the existence of the state of emergency;
designating automatic and discretionary emergency powers
to said sheriff or municipal official; provides penalty for
violation; provides an effective date."

Under the new Constitution, both county and city govern-
ments possess the powers of local self-government to the extent
as is necessary to protect the health, safety and welfare of their
citizens. In furtherance of such powers, appropriate ordinances
or regulations can be enacted to cover situations where there
may be overt acts of violence or eminent threats of such
violence or general conditions in the community which pose a
threat to the public peace or order. This basic constitutional
and statutory authority, when coupled with the present
authority vested in the chief law enforcement officers of the
county and city, provide safeguards to the general public to
insure the preservation and protection of the life, liberty and
property of all citizens of the State.

As an additional safeguard, the Legislature enacted laws
which vested emergency powers in the Governor of Florida and
to promulgate emergency rules and regulations when, in his
opinion, danger existed to any person or property in the State.

Committee Substitute for House Bill 701 is a sincere and well
intentioned effort by the Legislature to establish a procedure
that would enable the chief law enforcement officer of a
county or city to declare that a state of emergency existed in
his local area pursuant to which certain emergency measures
could be promulgated by such local official. The recent growth
of civil disorders throughout the country is of great concern to
every responsible public official or citizen. However, I am
confident that the present structure of Florida law provides the
necessary framework within which any such disorders can be
effectively and properly prevented and controlled. I am parti-
cularly proud of the responsible manner in which officials and
citizens have conducted themselves and do not feel that there
has been any indication that additional legislation regarding
riots or disorders is necessary, particularly when present law is
more than adequate to cope with any emergency situation.
I am sure that members of the Legislature, after reviewing
Committee Substitute for House Bill 701, in light of my
objections, will agree that the present Florida law provides
sufficient protection to the life, liberty and property of all
citizens of the State and that the implementation of the
provisions of Committee Substitute for House Bill 701 might be
more of a burden than a benefit to efficient and effective law
enforcement.
For these reasons, I am withholding my approval from
Committee Substitute for House Bill 701, Regular Session of
the Legislature, commencing April 7, 1970, and do hereby veto
the same.
Sincerely,
Claude R. Kirk, Jr.
Governor

Mr. Mixson moved that CS for HB 701 (1970 Regular
Session) pass, the veto of the Governor to the contrary
notwithstanding. The vote was:

Yeas-59

Andrews
Bird
Blackburn
Bothwell
Brannen
Brantley
Chapman
Clark, J. R.
Conway
Craig
Crider
Davis
Dixon
Dubbin
Elmore

Featherstone
Firestone
Gautier
Gibson
Gillespie
Gorman
Hartnett
Heath
Hess
Holloway
Kershaw
Lancaster
Lane
Lindsey
MacKay

Martinez, E.L.
Mixson
Nease
Nergard
Nichols
Ogden
Pettigrew
Poorbaugh
Redman
Reedy
Register
Roberts
Robinson
Rude
Ryals

Shaw
Smith
Tillman, J. K.
Tillman, R. J.
Tobiassen
Tucker
Turlington
Tyre
Tyrrell
Walker
Whitworth
Wolfson
Woodward
Yancey

Nays-22

Mr. Speaker
Clark, David

Clark, Dick
Crabtree

Gallen
Grizzle

Harris
Jordan

18 JOURNAL OF THE HOUSE OF REPRESENTATIVES October 9, 1970

King
Lewis
McNulty
Middlemas

Miers
Moudry
Murphy
Powell

Reed
Renick
Savage
Singleton

Ware
Wilson

Representative Bassett was recorded as voting Yea.
So CS for HB 701 (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.

Engrossing Report

October 9, 1970

Your Engrossing Clerk reports amendment to-
HB 11-C
-has been incorporated and the bill herewith returned.
-and the bill was ordered immediately certified to the
Senate.

Messages from the Senate
The Honorable Frederick H. Schultz October 9, 1970
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 of all members and
passed-

HB 8-C

HB 15-C

HB 20-C

Respectfully,
Edwin G. Fraser
Secretary of the Senate

The bills, contained in the above message were ordered
enrolled.

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

Sir:
I am directed to inform the House of Representatives that
the Senate has failed to admit for introduction and considera-
tion by the required Constitutional two-thirds vote of all
members-

HB 11-C
Respectfully,
Edwin G. Fraser
Secretary of the Senate

The Honorable Frederick H. Schultz October 9, 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 October 9, 1970, the Gover-
nor's objections notwithstanding-
CS for HB 701 (1970 Regular Session)
HB 3494 (1970 Regular Session)
HB 3733 (1970 Regular Session)
CS for HB 4542 (1970 Regular Session)
HB 4645 (1970 Regular Session)
HB 5033 (1970 Regular Session)

HB 5233 (1970 Regular Session)
HB 5250 (1970 Regular Session)
HB 5273 (1970 Regular Session)
Respectfully,
Edwin G. Fraser
Secretary of the Senate

The bills, contained in the above message, were ordered
certified to the Secretary of State.

Enrolling Report
HB 8-C
HB 15-C
HB 20-C

-have been enrolled, signed by the required Constitutional
officers and presented to the Governor on October 9, 1970
Allen Morris, Clerk

The rules were waived and the House reverted to the order
of-

Introduction and Reference
By Representatives Reed Caldwell, Nease, Wilson, Glisson,
Crabtree, Whitson, Ware, Rude, Gustafson, Ward, Robinson,
Gibson, Gorman, Wood, Bassett, Earle, J. K. Tillman, R. J.
Tillman, Nergard, and Davis
HB 13-C-A bill to be entitled An act relating to the killing
of a law enforcement officer, peace officer, prison guard,
fireman, justice or judge; providing for the death penalty in
convictions of first degree murder; prohibits the granting of
parole or probation for convictions where the death penalty is
not imposed; prohibits the granting of parole or probation for
those convicted of lesser degrees of murder; providing an
effective date.

Mr. Reed moved that HB 13-C be admitted for introduction
and consideration, the Speaker having ruled that the measure
was not within the purview of the Governor's call.
Pending consideration thereof, Mr. Savage moved that the
rules be waived and debate be limited to five minutes per side,
which was not agreed to.
Without objection, Mr. Reed withdrew the motion to admit
HB 13-C for introduction and consideration.

By the Committee on Crime & Law Enforcement

HB 17-C-A bill to be entitled An act relating to obstructing
justice; amending chapter 843, Florida Statutes, prohibiting the
obstruction of justice by interfering with enumerated law
enforcement officers, fire fighters and public officials; providing
penalties; prohibiting suspension or deferment of a sentence of
life imprisonment, or parole or probation of an offender so
sentenced; providing an effective date.
Mr. Yancey moved that HB 17-C be admitted for introduc-
tion and consideration, the Speaker having ruled that the
measure was not within the purview of the Governor's call.
Pending consideration thereof, on motion by Mr. Reed, the
rules were waived and debate was limited to five minutes per
side.

The question recurred on the motion that HB 17-C be
admitted for introduction and consideration, which was agreed
to by the required Constitutional two-thirds vote.

The bill was read the first time by title and referred to the
Committee on Rules & Calendar.

On motion by Mr. Yancey, HB 17-C was withdrawn from the
Committee on Rules & Calendar and taken up by waiver of the
rules.
On motion by Mr. Yancey, the rules were waived and HB
17-C was read the second time by title.

Representative Nichols offered the following amendment:

JOURNAL OF THE HOUSE

On page 1, line 28, after the word "process" insert the
following: any member of the National Guard
Mr. Nichols moved the adoption of the amendment, which
was adopted.
Representative Harris offered the following amendment:
On page 1, line 27, strike or other person legally authorized
to execute process"
Mr. Harris moved the adoption of the amendment, which was
adopted.
Representative Nichols offered the following amendment:
In title, line 9, insert the following: member of the National
Guard
Mr. Nichols moved the adoption of the amendment, which
was adopted.
On motion by Mr. Yancey, the rules were waived and HB
17-C, as amended, was read the third time by title.
Pending roll call, Mr. Fulford moved the previous question,
which was not agreed to.
The question recurred on the passage of HB 17-C, as
amended.
Pending consideration thereof-

Adjournment
On point of order by Mr. Rowell, that the hour of
adjournment having arrived pursuant to the Proclamation for
this Special Session of the Legislature, the House of Representa-
tives adjourned at 5:00 P.M. sine die.

Opinion of the Committee on Standards & Conduct
ADVISORY OPINION NO. 15
CONFLICT OF INTEREST AND/OR MISCONDUCT OF A
MEMBER OF HOUSE OF REPRESENTATIVES ALLEGA-
TION THAT LEGISLATIVE AIDE OF MEMBER EMPLOYED
IN PRIVATE BUSINESS WHILE STILL EMPLOYED AS
AIDE ALLEGATION THAT MEMBER SECURED PRIVATE
EMPLOYMENT AND/OR COMPENSATION FOR SPONSOR-
ING LEGISLATION MEMBER, IN PRIVATE BUSINESS
CAPACITY REPRESENTING CLIENT BEFORE ADMINIS-
TRATIVE AGENCY, UTILIZING SERVICES OF LEGISLA-
TIVE AIDE IN PRIVATE BUSINESS MEMBER SIGNING
CHECK FOR MEALS CHARGED TO LOBBYIST ALLEGA-
TION THAT MEMBER SECURED FAVORABLE MORTGAGE
ON HOME FROM CORPORATION AFTER RECOMMENDING
APPOINTMENT OF OFFICER OF CORPORATION TO
HOSPITAL BOARD ALLEGATION THAT MEMBER
OFFERED EMPLOYMENT TO NEWSPAPER REPORTER
WRITING SERIES OF ARTICLES CONCERNING MEM-
BER REPRESENTATIVE JOSEPH MARTINEZ
The Committee on Standards and Conduct was requested by
the House Administration Committee in May, 1970, to render
an Advisory Opinion concerning the employment of a legislative
aide by Representative Joseph Martinez, the said aide being at
the same time employed full time in private industry.
The Committee also determined to make inquiry into possible
misconduct or conflict of interest on the part of Representative
Joseph Martinez on the basis of a series of newspaper articles
published in the Miami Herald charging Representative Martinez
with misconduct and/or conflict of interest on the basis of the
following allegations:
1. Allegation that Representative Martinez solicited and
accepted a financial arrangement with the Glen Iris Investment
Corportation after recommending the Corporation President,
Sidney Finkel for appointment to the South Broward Hospital
District Board.

2. Allegation that William Horvitz paid Representative
Martinez a fee to expedite a liquor license for the Emerald Hills
Country Club, while acting in his capacity as legislator.

October 9, 1970

proper business function for Creative Enterprises. However,
testimony showed that Representative Martinez utilized the
services of a legislative aide in performing some of the business
functions. The Committee is of the opinion that there is
nothing improper or wrong for a member of the legislature to
assist his constituents in securing or expediting licenses or
expediting matters with a State Agency provided that there is
no fee involved as far as the legislator is concerned. Since in

"OF REPRESENTATIVES 19

3. Allegation that racetrack owner Steve Calder placed
Representative Martinez on the payroll of Hurricane Pipe Co.,
after Representative Martinez used his position as legislator to
obtain approval in the legislature for a summer racing plan for
Calder.
4. Allegation that Hurricane Pipe Co. hired Representative
Martinez to make contact with Western Electric Co., im-
properly, to secure sale of pipe by Hurricane Pipe to Western
Electric.
5. Allegation that Representative Martinez paid for private
parties or signed checks for private parties, entertaining legisla-
tors to influence them to vote for Calder's racing bill.
6. Allegation that Representative Martinez offered position of
legislative aide to newspaper reporter for Miami Herald after
learning that reporter was investigating his activities.
A public hearing was held by the Committee on Standards
and Conduct jointly with the House Administration Committee
in Tallahassee in May, 1970, concerning the matter of a
legislative aide who was being employed by Representative
Martinez and at the same time who was also being employed by
a private business. Records and testimony indicated that
Martinez' administrative aide at that time named McCauley, was
employed in private business full time at the same time that he
was employed as an aide by Representative Martinez. Mr.
McCauley testified that he was devoting some of his time to the
legislative work of Representative Martinez while at the same
time being a full time employee of a private business.
Testimony also produced evidence that there had been no
particular guide lines laid down by the legislature as to hours of
employment or duties of legislative aides. After hearing the
testimony it was the opinion of the Committee on Standards
and Conduct that the matter of the employment of Mr.
McCauley was purely an administrative matter that should be
handled by the House Administration Committee and did not
come within the purview of the jurisdiction of the Committee
on Standards and Conduct. Mr. McCauley advised he was
resigning his position as of May 31, 1970.
With respect to the allegation that Representative Martinez
had obtained a mortgage on his home from the Glen Iris
Investment Co., after recommending the employment of the
President of the Company, Sidney Finkel, for appointment to
the South Broward Hospital District Board, the Committee
heard testimony in Ft. Lauderdale, Fla., on June 24, 1970. The
testimony clearly showed that the mortgage in question was
secured by Representative Martinez prior to the time he became
a member of the legislature. The mortgage was a conventional
FHA mortgage loan which was brokered through Mr. Finkel's
Company. The testimony further showed Finkel was appointed
by the Governor of Florida to the non-paying job of a member
of the South Broward Hospital District Board. Mr. Finkel has
been active in other community affairs and testified that he
devoted much time to his duties on the Hospital Board, had no
financial dealings with the hospital and had never discussed any
legislation with Representative Martinez. After hearing the
testimony it is the opinion of the Committee on Standards and
Conduct that the appointment of Mr. Finkel was based on the
recommendation of a group of persons including Representative
Martinez, and that the appointment had no connection with
any financial arrangement between Representative Martinez and
the Glen Iris Investment Co. There was no evidence that there
was anything improper insofar as Representative Martinez'
activity as a legislator is concerned.
With respect to the allegation that Representative Martinez
acted improperly in expediting a liquor license for the
Emerald Hills Country Club, the Committee is of the opinion
that the testimony showed that this was a business relationship
between the Emerald Hills Country Club and Creative Enter-
prises. Creative Enterprises is a public relations firm owned by
Representative Martinez. Testimony showed that Representative
Martinez in his private business capacity as Creative Enterprises
did receive a fee for assistance in expediting a liquor license for
the Emerald Hills Country Club. The Committee is of the
opinion that once Creative Enterprises entered into a business
relationship with the Emerald Hills Country Club this was a

JOURNAL OF THE HOUSE OF REPRESENTATIVES

this case a $500 fee was involved the Committee is of the
opinion that Representative Martinez acted improperly in
utilizing the services of his legislative aide in connection with
this private business capacity. The mere fact that a member of
the legislature because of his past activities or expertise in his
profession enters into a business relationship does not make the
business relationship on the part of a legislator improper.
However, if the legislator uses legislative prerogatives or a
legislative aide in expediting the business relationship it be-
comes improper. In this case use of a legislative aide in private
business was improper on the part of Representative Martinez.
With respect to the allegation that Representative Martinez
was placed on the payroll of the Hurricane Pipe Co., by Steve
Calder after Representative Martinez used his influence and
legislative position to get legislative approval for Calder's
summer racing plan, the Committee heard testimony that Mr.
Calder in fact was a half owner of the Hurricane Pipe Co. He
said that he did not participate in the management of the
Company and did not recommend or employ Representative
Martinez in a private business capacity to represent Hurricane
Pipe Co. The other part owner and manager of Hurricane Pipe
Co. testified that he employed Representative Martinez in
connection with the product approval of a product of the Pipe
Company because of Representative Martinez' previous business
connections with a telephone company and his knowledge of
the business. There was testimony that in a private business
capacity Representative Martinez did make a number of trips
for Hurricane Pipe Co., to secure product approvals leading to
business contracts, i.e., sale of pipe. There was testimony that
product approvals were made and that this was expedited by
Representative Martinez' previous business connections with
persons considering the purchase of pipe. There was no
testimony that Representative Martinez was employed because
of his sponsorship of a summer racing plan for Mr. Calder. It is
the opinion of the Committee that Representative Martinez was
employed by Hurricane Pipe Co. on the basis of his business
background and not on the basis of his activities as a member
of the legislature.
With respect to the allegation that Hurricane Pipe Co.
employed Representative Martinez to secure improperly the
product approval of pipe to Western Electric, the Committee is
of the opinion that Representative Martinez was hired in his
business capacity, and did properly fulfill his employment in a
business capacity for Hurricane Pipe Co. Testimony reflected
that Representative Martinez, because of his previous employ-
ment with the telephone company, had contacts available to
him which would be beneficial to Hurricane Pipe Co. There was
no testimony that this employment was improper and the
Committee finds nothing improper about this employment.
Hurricane Pipe Co. had no legislative matters pending before
the legislature.
With respect to the allegation that Representative Martinez-
paid for private parties for undecided legislators in order to
lobby them into voting for Calder's summer racing bill, there
was testimony that on one occasion Representative Martinez in
fact signed a check for a dinner at a restaurant in Tallahassee,
Fla., which check was charged to his private account and which
charge was later transferred to the account of Steve Calder at
the restaurant. There was also testimony by Mr. Benner that
Representative Martinez was authorized to sign the check
because as a lobbyist for Mr. Calder he, Benner, had other
entertainment going on at the same time as the dinner in
question. The testimony was clear that Representative Martinez
did in fact sign a dinner check which was later charged to the
account of Mr. Calder. While there is no provision against any
member of the legislature entertaining any other member of the
legislature and while there is no prohibition against any lobbyist

purchasing a meal for any member of the legislature, the
Committee is of the opinion that it was improper for
Representative Martinez to sign a check on behalf of the
lobbyist for Mr. Calder. The Committee is of the opinion that
no member of the legislature should be able to charge bills to
any lobbyist or to any interest other than himself. The
Committee does not believe that any legislator should have at
his disposal an open account to be paid for by any person or
organization interested in the passage of legislation even though
said legislator may have introduced the legislation. The rules of
the House do not speak to this matter but the Committee is of
the opinion that it was a violation of the spirit of the rules of
the House relating to conduct on the part of a member of the
legislature. The Committee is further of the opinion that any
time a lobbyist purchases a meal for a member of the
legislature in order to discuss legislation that the lobbyist must
be present at the time.

With respect to the allegation that Representative Martinez
offered to employ as his legislative aide a reporter for the
Miami Herald after learning that the reporter was writing a
series of articles concerning Representative Martinez, there was
testimony by the reporter, Harold Aldrich, that he had been
approached by Mr. Dave Zachem on behalf of Representative
Martinez concerning his employment as a legislative aide by
Representative Martinez. The question for the Committee to
determine was whether Representative Martinez believed that
the reporter Aldrich was writing or preparing to write articles
against the best interests of Representative Martinez. On the
basis of the conflicting testimony it appeared that there was
some discussion between Mr. Zachem and Mr. Aldrich about
the possibility of Mr. Aldrich going to work for Representative
Martinez. These discussions were in the early part of May,
1970. The articles that were actually written were published the
latter part of May, 1970. Representative Martinez denied that
he had made any offer of employment to the reporter Aldrich.
The Committee is of the opinion that there was nothing in the
testimony of sufficient basis of fact that would indicate
improper motive or conduct on the part of Representative
Martinez insofar as the alleged employment of Mr. Aldrich was
concerned.
The principal allegation made in this matter concerning
Representative Martinez was that he received a financial
payment from Steve Calder for sponsoring and securing the
passage of legislation permitting Mr. Calder to engage in a
summer racing program. The testimony by Eugene Nail, former
legislative aide to Representative Martinez, was to the effect
that on one occasion in an elevator Mr. Calder surreptitiously
passed something to the hand of Representative Martinez. Mr.
Nail further testified that immediately thereafter in an auto-
mobile Representative Martinez showed him a $500 bill with a
comment that Mr. Calder knew his business. Mr. Calder denied
paying any money to Representative Martinez. Representative
Martinez denied receiving any money from Mr. Calder. The
only testimony concerning the payment of any money was that
offered by Mr. Nail. Testimony further reflected, and it is a
matter of public record, that the legislation in question was also
sponsored by other members of the House of Representatives
and the Senate. There was no testimony that any of these
persons received any money for the sponsorship or securing of
passage of the legislation. Concerning this most serious allega-
tion, the Committee is of the opinion that the testimony was
not sufficient to support the allegation that Representative
Martinez did in fact receive money for sponsoring and support-
ing legislation on behalf of Mr. Calder.
John J. Savage, Chairman

Adopted by the Committee on September 15, 1970.

20

October 9, 1970

21

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 20, 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 October 9, 1970.

Clerk

Tallahassee, Florida
October 9, 1970

INDEX

to the

Journal of the House of Representatives

Special Session

of the

First Legislature

[under the Constitution as Revised in 1968]

October 9, 1970

CONTENTS

Members of the House and Bills Introduced ............................
Bills, Resolutions, and Memorials Introduced by Committees ...............
Vetoed Bills ................................................
Miscellaneous Subjects .................. .......................
House Bills, by Number, Subject,
Introducer, and Disposition ....................................

Page
23
26

27
28

28

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Members of the House, Bills Introduced,

and Committee Assignments

FRED SCHULTZ
Speaker

T. TERRELL SESSUMS
Speaker pro tempore

ALLEN MORRIS
Clerk

ALVAREZ, TED, JR.-19th District
Committees: Agriculture; Finance & Taxation; Transporta-
tion
ANDREWS, WILLIAM C.-31st District
Committees: Elections (Chairman); Commerce; Judiciary
ARNOLD, LYNWOOD-23rd District
Committees: Transportation (Chairman); Conservation; Rules
& Calendar
BAKER, MAXINE E.-90th District
Committees: Mental Health & Retardation (Chairman);
Finance & Taxation; Public Health & Welfare
BASSETT, E. POPE-44th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Ad Valorem Taxation; General Legislation;
State Governmental Organization & Efficiency
BAUMGARTNER, GEORGE I.-107th District
Committees: Ad Valorem Taxation; Agriculture; Labor &
Industry
BEVIS, WILLIAM H.-57th District
Committees: Citrus (Chairman); Finance & Taxation; State
Governmental Organization & Efficiency
BIRD, RICHARD A.-85th District
Committees: Ad Valorem Taxation; Insurance; Judiciary
BLACKBURN, R. ED, JR.-60th District
Committees: Citrus; Crime & Law Enforcement; Public
Lands & Parks
BOTHWELL, CECIL L., JR.-39th District
Committees: Agriculture; Local Government; Public School
Education
BRANNEN, BOB-56th District
Committees: Public Health & Welfare; Public Safety; Trans-
portation
BRANTLEY, LEW-21st District
Committees: House Administration (Chairman); Commerce;
General Legislation
CALDWELL, GEORGE L.-84th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Commerce; Finance & Taxation; State Govern-
mental Organization & Efficiency
CHAPMAN, JOSEPH F., III-9th District
Committees: Conservation; General Legislation; Labor &
Industry
CLARK, DAVID C.-81st District
Committees: Crime & Law Enforcement; Labor & Industry;
Local Government

CLARK, DICK-93rd District
Committees: Commerce; Conservation; Labor & Industry

CLARK, JOHN R.-55th District
Committees: Retirement & Personnel (Vice Chairman); Ad
Valorem Taxation; Public School Education

CONWAY, WILLIAM R.-35th District
Committees: Higher Education (Chairman); Appropriations;
Transportation

CRABTREE, GRANVILLE H., JR.-119th District
Bills, Resolutions and Memorials Introduced: 13-C, 15-C
Committees: Ad Valorem Taxation; Mental Health & Re-
tardation; Retirement & Personnel

CRAIG, A. H.-34th District
Committees: Conservation (Chairman); Insurance; Rules &
Calendar

CRIDER, JOHN-22nd District
Committees: Appropriations; Commerce; Local Government

CULBREATH, JOHN R.-69th District
Committees: Finance & Taxation (Vice Chairman); Agricul-
ture; Banks & Loans

D'ALEMBERTE, TALBOT-98th District
Committees: Ad Valorem Taxation (Chairman); Public
School Education; State Governmental Organization &
Efficiency

DANAHY, PAUL W., JR.-67th District
Committees: Local Government (Chairman); Higher Educa-
tion; Transportation

DAVIS, CHARLES E., JR.-71st District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Ad Valorem Taxation; Citrus; Labor & In-
dustry

DIXON, R. EARL-25th District
Committees: Agriculture; Crime & Law Enforcement; Public
Lands & Parks

DUBBIN, MURRAY H.-95th District
Committees: Commerce (Chairman); Appropriations; Rules
& Calendar

EARL, LEWIS S.-43rd District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Judiciary; Public Health & Welfare; Retirement
& Personnel

ELMORE, HENTON D.-6th District
Committees: Crime & Law Enforcement; Local Government;
Public School Education

23

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

FEATHERSTONE, HAROLD G.-101st District
Bills, Resolutions and Memorials Introduced: 20-C
Committees: Judiciary (Vice Chairman); Elections; Insurance

FIRESTONE, GEORGE-92nd District
Committees: Local Government (Vice Chairman); Crime &
Law Enforcement; House Administration

FLEECE, WILLIAM H.-53rd District
Committees: Ad Valorem Taxation (Vice Chairman); Public
Health & Welfare; Public School Education

FORTUNE, EDMOND M.-5th District
Committees: Appropriations; House Administration; Public
Health & Welfare

FULFORD, W. E.-40th District

Committees: Citrus (Vice Chairman); Commerce; Conserva-
tion

GALLEN, TOM-116th District
Bills, Resolutions and Memorials Introduced: 15-C
Committees: Labor & Industry (Vice Chairman); Appropri-
ations; Commerce

GAUTIER, JEFF D.-109th District
Committees: Crime & Law Enforcement; Public Lands &
Parks; Public School Education

GIBSON WILLIAM L.-45th District
Bills, resolutions and Memorials Introduced: 13-C
Committees: Transportation (Vice Chairman); Crime & Law
Enforcement; Public Safety

GILLESPIE, WILLIAM M.-37th District
Committees: Commerce; Public School Education; State
Governmental Organization & Efficiency

GLISSON, JAMES A.-33rd District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Commerce; General Legislation; Mental Health
& Retardation
GORMAN, WILLIAM D.-42nd District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: State Institutions (Vice Chairman); Appropri-
ations; Public Safety

GRAHAM, D. ROBERT-105th District
Bills, Resolutions and Memorials Introduced: 20-C
Committees: Appropriations; Higher Education; Public
School Education
GRIZZLE, MARY R.-47th District
Committees: Appropriations; Public School Education; State
Governmental Organization & Efficiency
GUSTAFSON, JOEL K.-87th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Public Safety (Vice Chairman); Appropriations;
Banks & Loans
HARRIS, MARSHALL S.-108th District
Committees: Appropriations; Public School Education; State
Governmental Organization & Efficiency
HARTNETT, ROBERT C.-106th District

Committees: Banks & Loans (Vice Chairman); Insurance;
Public Lands & Parks

HEATH, DONALD E.-118th District
Bills, Resolutions and Memorials Introduced: 15-C
Committees: General Legislation; Labor & Industry; State
Institutions

HECTOR, ROBERT C.-104th District
Committees: Public Health & Welfare (Vice Chairman); Ad
Valorem Taxation; Agriculture

HESS, ROY L.-lst District
Committees: Banks & Loans; Conservation; Transportation

HODES, RICHARD S.-68th District
Committees: Public Health & Welfare (Chairman); Local
Government; Mental Health & Retardation

HOLLOWAY, VERNON C.-102nd District
Committees: Appropriations; State Governmental Organiza-
tion & Efficiency; Transportation

JAMES, WILLIAM G.-78th District
Committees: House Administration (Vice Chairman); Com-
merce; Elections

JORDAN, JOHN W.-80th District
Committees: Agriculture; Higher Education; Public School
Education

KERSHAW, JOE LANG-99th District
Committees: Elections; Public Health & Welfare; Public
School Education

KING, CHARLES J.-89th District
Committees: Public Lands & Parks (Vice Chairman); Banks
& Loans; Judiciary

LANCASTER, HOWELL-15th District
Committees: Agriculture (Chairman); Finance & Taxation;
Rules & Calendar

LANE, JULIAN B.-64th District
Committees: Agriculture; Local Government; State Govern-
mental Organization & Efficiency

LEWIS, GERALD-96th District
Committees: Crime & Law Enforcement; Insurance; Judi-
ciary

LINDSEY, DAVID L.-41st District
Committees: Mental Health & Retardation; Public Lands &
Parks; Retirement & Personnel

MACKAY, KENNETH H., JR.-30th District
Committees: Ad Valorem Taxation; Higher Education; Insur-
ance

MARTINEZ, ELVIN L.-63rd District
Committees: Elections (Vice Chairman); Commerce; Judi-
ciary
MARTINEZ, JOSEPH M., JR.-88th District
Committees: Crime & Law Enforcement; Insurance; Public
School Education

MATTHEWS, CAREY-1i10th District

Committees: Insurance (Chairman); General Legislation;
Rules & Calendar

24

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

MCNULTY, CLIFFORD A.-73rd District
Committees: Agriculture; Public Safety; State Governmental
Organization & Efficiency

MELVIN, J. G.-7th District
Committees: Conservation; Retirement & Personnel; State
Governmental Organization & Efficiency

MIDDLEMAS, JOHN ROBERT-8th District
Committees: Higher Education (Vice Chairman); Appropri-
ations; Public Lands & Parks

MIERS, MILEY-12th District
Committees: Appropriations; Higher Education; Insurance

MIXSON, WAYNE-11th District
Committees: Agriculture (Vice Chairman); Ad Valorem Tax-
ation; Transportation

MOUDRY, RAY-79th District
Committees: Citrus; Conservation; State Institutions

MURPHY, JACK-49th District
Committees: General Legislation (Vice Chairman); Com-
merce; State Governmental Organization & Efficiency

NEASE, J. WERTZ-26th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Local Government; Public School Education;
State Institutions

NERGARD, CHARLES L.-75th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Banks & Loans; Elections; Public School Ed-
ucation
NICHOLS, DONALD GILBERT-27th District
Committees: Judiciary (Chairman); Insurance; State Govern-
mental Organization & Efficiency
OGDEN, CARL-20th District
Committees: Ad Valorem Taxation; Higher Education; Re-
tirement & Personnel

PETTIGREW, RICHARD A.-97th District
Committees: State Governmental Organization & Efficiency
(Chairman); Appropriations; Rules & Calendar

POORBAUGH, JACK M.-77th District
Committees: Finance & Taxation; Retirement & Personnel;
State Governmental Organization & Efficiency

POWELL, WILLIAM E.-74th District
Committees: Appropriations; Public Lands & Parks; Trans-
portation
PRATT, JEROME-115th District
Committees: Insurance (Vice Chairman); Elections; General
Legislation

PROMINSKI, HENRY J.-86th District
Committees: Commerce; Higher Education; Local Govern-
ment

RANDELL, TED-112th District
Committees: State Institutions (Chairman); Appropriations;
Transportation

REDMAN, JAMES L.-61st District
Committees: Standards & Conduct (Vice Chairman); Appro-
priations; Banks & Loans
REED, DONALD H., JR.-76th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Appropriations (Vice Chairman); General Legis-
lation; Rules & Calendar
REEDY, W. H.-32nd District
Committees: Public Safety (Chairman); Citrus; Rules & Cal-
endar
REEVES, JAMES J.-4th District
Committees: State Governmental Organization & Efficiency
(Vice Chairman); Finance & Taxation; Rules & Calendar
REGISTER, WILLIAM M., JR.-62nd District
Committees: Commerce (Vice Chairman); Public School
Education; State Governmental Organization & Efficiency
RENICK, RICHARD R.-91st District
Committees: Commerce; Conservation; Transportation
ROBERTS, WILLIAM G.-114th District
Committees: Conservation; Finance & Taxation; Insurance;
Local Government
ROBINSON, A. S.-51st District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Conservation; Labor & Industry; Public Lands
& Parks
ROWELL, E. C.-59th District
Committees: Rules & Calendar (Chairman); Finance & Tax-
ation; General Legislation
RUDE, ARTHUR H.-83rd District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Standards & Conduct; State Institutions; Trans-
portation
RYALS, JOHN L.-66th District
Committees: Public School Education (Vice Chairman);
House Administration; Rules & Calendar
SACKETT, WALTER W., JR.-100th District
Committees: Mental Health & Retardation; Public Health &
Welfare; State Institutions

SAVAGE, JOHN J.-46th District
Committees: Standards & Conduct (Chairman); Appropri-
ations; Insurance
SCHULTZ, FREDERICK H.-24th District

SESSUMS, T. TERRELL-65th District
Committees: Rules & Calendar (Vice Chairman); Appropri-
ations; Labor & Industry
SHAW, EUGENE F.-16th District
Committees: Appropriations; Banks & Loans; Commerce
SINGLETON, CARL A.-103rd District
Committees: Commerce; Finance & Taxation; General Legis-
lation

SMITH, KEN-14th District
Committees: Public School Education (Chairman); Appropri-
ations; Rules & Calendar

25

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

STAFFORD, DON H.-52nd District
Committees: Banks & Loans; Public School Education;
Rules & Calendar
STEVENS, TOMMY-70th District
Committees: Banks & Loans (Chairman); Citrus; Transporta-
tion
SWEENY, JAMES H., JR.-36th District
Committees: Finance & Taxation (Chairman); Commerce;
Rules & Calendar
TILLMAN, JIM K.-117th District
Bills, Resolutions and Memorials Introduced: 13-C, 15-C
Committees: Crime & Law Enforcement (Vice Chairman);
Rules & Calendar; State Institutions
TILLMAN, RICHARD-72nd District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Conservation; Judiciary; Local Government
TOBIASSEN, THOMAS J.-3rd District
Committees: Crime & Law Enforcement; Public Health &
Welfare; Public School Education

TUCKER, DONALD L.-13th District
Committees: Claims Coordinator; Conservation; Finance &
Taxation; Rules & Calendar

TURLINGTON, RALPH D.-29th District
Committees: Appropriations (Chairman); Retirement & Per-
sonnel; Rules & Calendar

TYRE, RALPH C.-17th District
Committees: Retirement & Personnel (Chairman); Finance &
Taxation; Transportation

TYRRELL, GORDON W.-2nd District
Committees: Ad Valorem Taxation; Appropriations; Higher
Education

WALKER, JAMES LORENZO-113th District
Committees: Public Lands & Parks (Chairman); Rules &
Calendar; State Governmental Organization & Efficiency

WARD, LAVON-82nd District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Crime & Law Enforcement; Judiciary; Local
Government
WARE, JOHN T.-48th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Mental Health & Retardation (Vice Chairman);
Higher Education; Local Government
WEST, ROGER-18th District
Committees: Crime & Law Enforcement; State Govern-
mental Organization & Efficiency; State Institutions
WESTBERRY, HARRY-28th District
Committees: Labor & Industry (Chairman); General Legisla-
tion; Rules & Calendar
WHITSON, ED S., JR.-50th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Conservation (Vice Chairman); Commerce;
Judiciary
WHITWORTH, LEWIS B., JR.-94th District
Committees: Crime & Law Enforcement; Judiciary; Local
Government
WILSON, ROGER H.-54th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Citrus; Crime & Law Enforcement; Finance &
Taxation
WOLFSON, LOUIS II-111th District
Committees: General Legislation (Chairman); Appropri-
ations; Rules & Calendar
WOOD, LEONARD V.-38th District
Bills, Resolutions and Memorials Introduced: 13-C
Committees: Commerce; Elections; Higher Education
WOODWARD, ROBERT D., JR.-10th District
Committees: Public Health & Welfare; Standards & Conduct;
State Institutions
YANCEY, QUILLIAN S.-58th District
Committees: Crime & Law Enforcement (Chairman);
Standards & Conduct; Transportation

Bills, Resolutions and Memorials

Introduced by Committees

CRIME & LAW ENFORCEMENT, COMMITTEE ON
Bills, Resolutions and Memorials Introduced: 17-C

INSURANCE, COMMITTEE ON
Bills, Resolutions and Memorials Introduced: 8-C, 11-C

26

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Vetoed Bills
Where no disposition shown, veto message was not taken
up by House

Bill No. Subject Introduced by Pages Disposition

1970 Regular Session Vetoed House Bills
CS for HB
701 Affrays and riots; state of emergency
declared ........................
HB
1090 Eminent domain; time for surrender of
possession ........................
1499 Toll projects; annual pay plans ...........
1504 Judicial officers; nonpartisan election ......
3189 Beach and shore preservation
projects .........................
3494 Ad valorem taxation; nonprofit
hospitals. .. ......................
3733 Tax exemptions; property owned or leased
by hospitals .......................
3761 Pinellas county; collective bargaining
for firemen ........... ........... .
4011 Spearfishing; regulations . . . .
CS for HB
4079 Administration commission; affirmative
votes .. ...... ... ....... .. ......
HB
4345 Junior colleges; cost-of-living
adjustments ............ ...........
CS for HB
4542 State and county retirement system;
contributions ......................
HB
4645 Food; use of insanitary processing
equipment; permits ..................
5033 Gasoline and like fuels; excise
taxes ........... ..............
5194 Agriculture and consumer services; labora-
tories, testing complex and Mayo building .
5233 Palm Beach county; collective bargaining
for firem en .......................
HB
5248 Jacksonville, city of; suspension of
officers ... ........... ............
5250 Hillsborough county; civil service
board .................. .
5273 Transportation department; report to
legislature ........................
5292 Pinellas county; aquatic preserve ..........
5378 Flagler county; mosquito control
districts .........................
5459 Okaloosa county; hospital system . . .
5489 Tampa, city of; general employees
pension fund .......................
5507 Hillsborough county; professional negotia-
tions for teachers ...................
5518 Pinellas county; professional negotia-
tions for teachers . . . . .
1970 Regular Session Vetoed Senate Bills
SB
281 Municipally-owned utilities; water
and sewer rates .... .............
1382 Teacher retirement system; retired
members .........................
1478 Grand jury commissions; membership ......
1507 Citrus county; hospital and medical
nursing home act ...................
1538 Jacksonville port authority . .... ..

Committee on Crime & Law Enforcement-17, 18 .

Nichols-3 .............................
W ilson- 3, 16 ............................
Sessums and Spicola-3 ......................

Walker-3 .. ............ ......
Sweeny-3, 5, 6, 18 ... . .. .. .. . .
Ogden-3, 4, 18 ................. ..........
Fleece and others-3, 13, 14 ...... ............
Stevens-3 . .......................... .

E. L. Martinez and others-3,

Elmore and others-3 .....

Dubbin and Singleton-3, 12,

9, 10 ..............

18 .. .. .. .. ..

Lancaster-3, 4, 5, 18 .......................
Arnold-3, 8, 9, 18 .............. ..........

Committee on Agriculture-3 ..................

James and others-3, 7, 8, 18 .................

Nichols and others-3 .......................
Sessums and others-3, 14, 18 .... .............
Committee on Transportation-3, 6, 18 ...........
Wilson and others-3, 16, 17 . ...............
Craig-3 ...... ........ ....... ......
Elmore and others-3 .......................
E. L. Martinez and others-3 ..................
E. L. Martinez and others-3 ....... ........ .
Murphy and others-3 .......................

Thomas-6, 7 .............................
Thomas-14, 15 ...........................
Hollahan and Poston-11, 12 ..................
Karl and Daniel-10 .........................
Scarborough and others-12, 13 ................

INDEX

27

Ch. 70-990

DSM

Ch. 70-991
Ch. 70-992
Sustained

Sustained

Ch. 70-993

Ch. 70-994
Ch. 70-995

Ch. 70-1004

Ch. 70-1003

Ch. 70-996
Sustained

Ch. 70-997
Ch. 70-998
Ch. 70-1000
Ch. 70-1001
Ch. 70-1002

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Miscellaneous Subjects

Pages Subject

Committees:
Standards & Conduct-report
Opinion No. 15-Conflict of Interest and Misconduct;
Joseph Martinez .................... 19, 20

Pages

Governor
Proclamation calling Special Session . . . . 1
Speaker's Remarks
Position of the Legislature relative to Vetoed Bills . 3, 4

House Bills, by Number, Subject, Introducer,

and Disposition

Abbreviations:
Ch.-Chapter Number, as passed
DCH-Died on house calendar
DSM-Died in senate message

FVI-S-Failed vote for introduction in senate
HB-House bill
ID-Introduction deferred

No. SUBJECT OF BILL INTRODUCED BY PAGES Disposition

HB
1-C Introduction deferred .................
2-C Introduction deferred .................
3-C Introduction deferred .................
4-C Introduction deferred .................
5-C Introduction deferred .................
6-C Introduction deferred .................
7-C Introduction deferred .................
8-C Insurance; 120 day moratorium on
increases of automobile rates. ........... Committee on Insurance-2, 18 . . . Ch. 70-989
9-C Introduction deferred .................
10-C Introduction deferred .................
11-C Insurance; repeal of the California
Plan ........................... Committee on Insurance-2, 3, 18 ............... FVI-S
12-C Introduction deferred .................
13-C Penalties for killing law enforcement
officers and certain public officials ....... Reed and others-10, 18 ........ ......... . ID
14-C Introduction deferred .................
15-C Sarasota-Manatee airport authority;
membership .. .................. Gallen and others-10, 11, 18 . . . Ch. 70-1005
16-C Introduction deferred . . . . .
17-C Obstructing justice; interfering with
enumerated public officials . . .. Committee on Crime & Law Enforcement-15,
18, 19 . . . . .. . . .. D C H
18-C Introduction deferred . . . . .
19-C Introduction deferred .................
20-C Insurance; limitations on cancellation
of automobile .............. ..... Graham and Featherstone-15, 18 ......... ..... Ch. 70-999

28

Subject

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Miscellaneous Subjects

Pages Subject

Committees:
Standards & Conduct-report
Opinion No. 15-Conflict of Interest and Misconduct;
Joseph Martinez .................... 19, 20

Pages

Governor
Proclamation calling Special Session . . . . 1
Speaker's Remarks
Position of the Legislature relative to Vetoed Bills . 3, 4

House Bills, by Number, Subject, Introducer,

and Disposition

Abbreviations:
Ch.-Chapter Number, as passed
DCH-Died on house calendar
DSM-Died in senate message

FVI-S-Failed vote for introduction in senate
HB-House bill
ID-Introduction deferred

No. SUBJECT OF BILL INTRODUCED BY PAGES Disposition

HB
1-C Introduction deferred .................
2-C Introduction deferred .................
3-C Introduction deferred .................
4-C Introduction deferred .................
5-C Introduction deferred .................
6-C Introduction deferred .................
7-C Introduction deferred .................
8-C Insurance; 120 day moratorium on
increases of automobile rates. ........... Committee on Insurance-2, 18 . . . Ch. 70-989
9-C Introduction deferred .................
10-C Introduction deferred .................
11-C Insurance; repeal of the California
Plan ........................... Committee on Insurance-2, 3, 18 ............... FVI-S
12-C Introduction deferred .................
13-C Penalties for killing law enforcement
officers and certain public officials ....... Reed and others-10, 18 ........ ......... . ID
14-C Introduction deferred .................
15-C Sarasota-Manatee airport authority;
membership .. .................. Gallen and others-10, 11, 18 . . . Ch. 70-1005
16-C Introduction deferred . . . . .
17-C Obstructing justice; interfering with
enumerated public officials . . .. Committee on Crime & Law Enforcement-15,
18, 19 . . . . .. . . .. D C H
18-C Introduction deferred . . . . .
19-C Introduction deferred .................
20-C Insurance; limitations on cancellation
of automobile .............. ..... Graham and Featherstone-15, 18 ......... ..... Ch. 70-999

28

Subject

	Title Page
	Members of the House of Repres...
	October 1970
	Index

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