• TABLE OF CONTENTS
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 April 1971
 May 1971
 June 1971
 Index














Group Title: Journal of the Florida House of Representatives.
Title: Journal of the House of Representatives of the session of ..
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00027772/00015
 Material Information
Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: v. : ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: Florida. Legislature. House of Representatives.
State Printer
Place of Publication: Tallahassee, Fla
Publication Date: April-June 1971
 Subjects
Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Additional Physical Form: Electronic reproduction of copy from George A. Smathers Libraries, University of Florida also available.
General Note: Title varies slightly.
General Note: Description based on: 1907.
 Record Information
Bibliographic ID: UF00027772
Volume ID: VID00015
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 12895215
alephbibnum - 003417935
oclc - 12901236
lccn - sn 85065608
 Related Items
Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

Table of Contents
    Main
        Page i
        Page ii
        Page iii
    April 1971
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
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    May 1971
        Page 347
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    June 1971
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Full Text





Journal
of the

House of Representatives



FIRST REGULAR



S



SESSION



of the
SECOND LEGISLATURE



[under the Constitution as Revised in 1968]
APRIL 6, 1971 through JUNE 4, 1971



[Including a record of transmittal of Acts and Resolutions subsequent to sine die adjournment.]








MEMBERS OF THE HOUSE OF REPRESENTATIVES

Regular Session 1971
[Democrats in roman (81); Republicans in italic (38)]



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. Fortune, Pace (D)
6 Henton D. Elmore, Crestview (D)
7 Jerry G. Melvin, Fort Walton Beach (D)
BAY-GULF-CALHOUN
8 William J. Rish, Port St. Joe (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, Tallahassee (D)
JEFFERSON-MADISON-TAYLOR-
LAFAYETTE
14 Jack Burke, Jr., Perry (D)

SUWANNEE-DIXIE-HAMILTON-
GILCHRIST-LEVY
15 Howell Lancaster, Trenton (D)
NASSAU-BAKER-COLUMBIA-
BRADFORD-UNION-CLAY
16 Eugene F. Shaw, Starke (D)
17 Wayne Hollingsworth, Lake City (D)
DUVAL
18 Hugh J. Grainger, Jr., Jacksonville (D)
19 Ted Alvarez, Jacksonville (D)
20 Carl Ogden, Jacksonville (D)
21 Bill Birchfield, Jacksonville (D)
22 John E. Santora, Jr., Jacksonville (D)
23 John R. Forbes, Jacksonville (D)
24 Joseph G. Kennelly, Jr., 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 L. E. Brown, Tavares (D)
33 James A. Glisson, Eustis (R)
34 A. H. 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 Eugene C. Mooney, Orlando (R)
39 Harvey W. Matthews, Orlando (R)
40 Bill Fulford, Orlando (D)
41 Walter Sims, Orlando (R)
42 William D. Gorman, Winter Park (R)
43 Lewis S. Earle, Maitland (R)
44 Robert C. Milburn, Winter Park (D)
45 William L. Gibson, Orlando (R)

PINELLAS
46 John J. Savage, Redington Beach (R)
47 Mary R. Grizzle, Clearwater (R)
48 Roger H. Wilson, St. Petersburg (R)
49 Jack Murphy, Clearwater (R)
50 Ed S. Whitson, Jr., Clearwater (R)
51 A. S. Robinson, St. Petersburg (R)
52 Donald R. Crane, Jr., St. Petersburg (R)
53 William H. Fleece, St. Petersburg (R)
54 Dennis McDonald, St. Petersburg (R)

POLK-SUMTER
55 John R. Clark, Lakeland (D)
56 Larry Libertore, Lakeland (D)
57 Ray Mattox, Winter Haven (D)








District
58 Quillian S. Yancey, Lakeland (D)
59 Fred Jones, Auburndale (D)
HILLSBOROUGH-CITRUS-PASCO-
HERNANDO
60 Ed Blackburn, Jr., Tampa (D)
61 James L. Redman, Plant City (D)
62 Guy Spicola, 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, Jr., 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 Jack Shreve, Merritt Island (D)
72 F. Eugene Tubbs, Rockledge (R)
"73 Jane W. Robinson, Merritt Island (R)
74 William E. Powell, Indialantic (R)
ST. LUCIE
75 Charles Nergard, Fort Pierce (R)
MARTIN-PALM BEACH
76 Donald H. Reed, Jr., Boca Raton (R)
77 Jack M. Poorbaugh, Delray Beach (R)
78 Donald F. Hazelton, West Palm Beach (R)
79 Raymond J. Moudry, West Palm Beach (R)
80 Russell E. Sykes, North Palm Beach (R)
81 David C. Clark, North Palm Beach (R)



82
83
84
85
86
87
88
89



BROWARD
Dave Smith, Pompano Beach (R)
George Williamson, Fort Lauderdale (R)
George L. Caldwell, Fort Lauderdale (R)
William G. Zinkil, Sr., Hollywood (D)
Jon C. Thomas, Fort Lauderdale (R)
Joel K. Gustafson, Fort Lauderdale (R)
Van B. Poole, Fort Lauderdale (R)
Edward J. Trombetta, Fort Lauderdale (D)



District
DADE
90 Maxine E. Baker, Miami (D)
91 Richard R. Renick, South Miami (D)
92 George Firestone, Coral Gables (D)
93 Dick Clark, Coral Gables (D)
94 Lew Whitworth, Miami Lakes (D)
95 Murray H. Dubbin, Miami (D)
96 Gwendolyn S. Cherry, Miami (D)
97 Richard A. Pettigrew, Miami (D)
98 Talbot 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 Sherman S. Winn, North Miami (D)
106 Robert C. Hartnett, Miami (D)
107 George Ira Baumgartner, North Miami (D)
108 Marshall S. Harris, Miami (D)



109
110
111



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



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

MONROE
114 Fred Tittle, Tavernier (D)

HARDEE-MANATEE
115 John Harllee, Bradenton (D)
116 Tom Gallen, Bradenton (D)



117
118
119



DESOTO-HIGHLANDS-CHARLOTTE-
SARASOTA
Jim K. Tillman, Sarasota (R)
Robert M. Johnson, Sarasota (R)
Granville H. Crabtree, Jr., Sarasota (R)



OFFICERS OF THE HOUSE OF REPRESENTATIVES
Regular Session 1971



Speaker-Richard A. Pettigrew
Speaker pro tempore-Eugene F. Shaw



Clerk-Allen Morris
Sergeant at Arms-Claude E. Wingate









THE JOURNAL OF THE FLORIDA



House of Representatives


Proceedings at Tallahassee of the Second Legislature
[under the Constitution as Revised in 1968]
FIRST REGULAR SESSION



TUESDAY, APRIL 6, 1971



Journal of the House of Representatives for the First Regular
Session of the Second Legislature convened under the Constitu-
tion as Revised in 1968, begun and held at the Capitol in the
City of Tallahassee in the State of Florida, on Tuesday, April
6, 1971, being the day fixed by the Constitution for the purpose.

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

The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Clark. Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes



Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, C.



Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Santora
Savage
Sessums



Shaw
Shreve
Sims
Singleton
Smith
Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil



A quorum was present.



Prayer

Prayer by Dr. David J. Davis, Pastor of Plymouth Congrega-
tional Church, Coconut Grove:

Almighty God, before whom the nations rise and fall and
pass away, we give Thee thanks for this nation and this
state in which we live and for the goodly heritage of free-
dom and opportunity that has been won and preserved for
us by those who gave their lives and their sacred honor in
our behalf. We come to Thee in prayer because when we
are in Thee, Thy wisdom illumines our minds and Thy power
infuses us with moral and spiritual strength. We pray for
the members of this Legislature, that they may guide and
govern our state wisely and rightly in these times of strife,
uncertainty and turmoil. Help each member to rise above
narrow, petty partisanship to a lofty perspective of states-
manship where he dedicates his efforts and his votes for the
greatest good of all of our people--white or black, rich or
poor, educated or uneducated. May we never be content with
Bufferin or band-aids when incisive radical surgery is need-
1



ed to solve serious problems. 0 God, grant unto these men
and women inner strength and peace of mind as they deal
with tense and trying situations. Quiet their minds and their
nerves with Thy strength-that they may see facts clearly
and judge them wisely. Above all, help them to set the ex-
ample of justice, mercy and righteousness which will exalt
our state and win the confidence and the support of all
our citizens. O God, rekindle in the hearts of all our people,
the old and the young, the patriotic, the disenchanted and
the rebellious, a new appreciation of our personal and
national blessings, and an enlightened dedication to meet the
challenges at home and abroad. Amen.


Pledge

The Members pledged allegiance to the Flag.


The Journal

The Journal of February 4, 1971 was approved.


Communication from the Governor

Governor Reubin O'D. Askew advised that he desired to ad-
dress the Legislature in Joint Session at 12:00 Noon today.

Introduction of House Physician

The Speaker introduced Dr. James Cook, President of the
Florida Medical Association, who is serving at the Clinic today.


Introduction of House Concurrent Resolution

On motion by Mr. Dubbin, the rules were waived and-

By Representative Dubbin-
HCR 1-Org. A concurrent resolution providing that the
House of Representatives and the Senate convene in joint
session.
WHEREAS, His Excellency, Governor Reubin O'D. Askew
has expressed a desire to address the Legislature in joint ses-
sion; NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That the House of Representatives and the Senate convene
in joint session in the chamber of the House of Representatives
at 12 o'clock this day, Tuesday, April 6, 1971, for the purpose
of receiving the message from the Governor.
-was read the first time by title.

On motions by Mr. Dubbin, the rules were waived and HCR
1-Org. was read the second time in full, adopted and immedi-
ately certified to the Senate.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits under
Rule 8.16 for Tuesday, April 6, 1971 the following report:

1. That the House revert to the Consideration of a Special
Order Calendar upon the completion today of the Order of
Business of Introduction and Reference.

2. That consideration of HB 468, by the Committee on Judi-
ciary, with amendments, and relating to the nonpartisan election
of judges, be the Special Order for today.

The Committee further submits as the Special Order Calendar
for Wednesday, April 7, 1971 the consideration of the following
bills:

HB 753-Ad valorem property exemption
HB 741-Estate tax
HB 738-Excise tax on documents
HB 739-Excise tax on documents
HB 740-Sales tax refund
HB 728-Race track cap
A quorum of the Committee was present in person, and a
majority of those present agreed to the above report.

Respectively submitted,
Murray H. Dubbin
Chairman, Committee on
Rules & Calendar

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

Committee on Rules & Calendar declared ex-officio

The Speaker said he would regard membership on the Com-
mittee on Rules & Calendar as ex-officio and the members pre-
viously appointed eligible for appointment to a third regular
committee.

Therefore, the following additional committee assignments
were made:



James Reeves
Don Tucker
Howell Lancaster
Gene Shaw
Don Nichols
Ralph Turlington
Bill Andrews
Gus Craig
Bill Gillespie
Quillian Yancey
Guy Spicola
Elvin Martinez
Terrell Sessums
Paul Danahy



Appropriations
Education
Business Regulation
Insurance
Community Affairs
Education
Insurance
Environmental Pollution Control
Environmental Pollution Control
Transportation
Governmental Organization & Efficiency
Business Regulation
Judiciary
Governmental Organization & Efficiency



Richard Hodes Community Affairs



George Firestone Criminal Justice
Sandy D'Alemberte Finance & Taxation
Louis Wolfson Finance & Taxation
Marshall Harris Governmental Organization & Efficiency



John Savage



Health & Rehabilitative Services



George Caldwell Transportation

Remarks by Speaker Pettigrew

The Speaker addressed the House as follows:

It has been customary for the speaker to open the first
day of the Regular Session with a few remarks. In the
past some have been humorously called "Laundry Lists" of
goals. Others have been mercifully brief.

I should be able to cover our situation here very briefly.
It is not as though we were all coming to Tallahassee for
the first time this year. We have already had a Special
Session to confront major problems. We have adopted our
Rules. We have done a great deal of very good committee
work and we should all know where we are going by now.

So I see this opportunity this morning to tell you, not
what I think we should do in the next 60 days, but to re-
port to you the direction we have already taken.

There can be no doubt that the overriding question con-
fronting us here this year is the state's financial situation.
The Committees on Appropriations and Finance & Taxa-
tion are carrying a heavy load of responsibility as they
prepare us to face our financial problems with firm solu-
tions.

It is easy to understand Florida's fiscal crisis: Last
year, economic growth slowed to a virtual halt in this
country. But inflation, including the costs of government,
increased.

In addition, Florida's tax structure is inelastic and re-
gressive and, even if the economy were booming, revenue
does not keep pace with economic growth. Another reason
which we are only beginning to face is that Florida's rapid-
ly expanding population growth costs more on a net basis
than it produces.

And finally the state has promised to assume educational
and other governmental services that have been paid for by
local governments from property tax revenues.

For all these reasons, we must have a tax reform which
will make the tax structure both fairer to the consumer
and better able to keep pace with growth. While we are
reforming Florida's tax structure, we must also produce
more revenue.

We must have more revenue or else we must renege on
our commitments to the property taxpayers and to the
poorer counties and urban communities. If we fail, local
governments must raise property taxes. These are the
hard choices facing this Legislature.

We must cut out unnecessary programs. At the same
time, we must improve state services in such critical areas
as prisons, family planning, and environmental pollution
control.



2



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Both political parties have committed themselves to tax
reform. Now is the time to deliver on that commitment.

And yet, even though tax and spending reform will oc-
cupy center stage for much of this Session, our other com-
mittees are already drafting reform legislation which will
touch the lives of all Floridians.

There is reform of the judicial system, the criminal
justice system, the system of electing judges which will
come up today and many other areas of court reform.

As a part of the overall reform of the system of justice,
we are already committed to an overhaul of our archaic
prison, probation and parole system. This system must be
fitted into the overall system of criminal justice so that the
result of the efforts which begin with police work will be
to return those caught in crime back to society as re-
habilitated citizens.

There is election reform, a subject which is already
being approached in non-partisan spirit, as we work for
reforming our political parties, our supervision and en-
forcement of elections and our system of nominating the
presidential candidates.

I think that in a time when there is much concern with
so many directions our country has been taking, that
nothing is more in the line of our solemn, patriotic duty
than for us to make our presidential nominating system as
open to the public and as free from the shadow of boss and
clique control as possible. For that reason Democrats and
Republicans are joining together to give our citizens an
early open presidential primary which will benefit our
voters, our state and our nation.

We have already started to overhaul our laws relating
to family life, marriage and divorce, women's rights, com-
mitment procedures for the mentally ill and child abuse.
I am confident that great measures of reform will come
from this House in all of these areas.

We have of course, given the people a post-dated check
guaranteeing that we will come up with a final law for in-
surance reform. The temporary bill we passed in the
Special Session expires in November, guaranteeing that
this Legislature cannot go home this summer without
giving the public the insurance reform it has repeatedly
demanded from us for several years.

We are starting this year a two-year attempt to restruc-
ture the entire education program of this state. Major
accountability legislation may not come until the 1972
Session, but we will continue our commitment to equalizing
funding of the state's 67 school districts so that every
child is ensured an equal education opportunity regardless
of the wealth of property used to give local support in the
district.

But I am getting dangerously close now to reading you
that famous "Laundry List" of legislation.

The areas are many and important. We will see some
tough environmental pollution control legislation, some
sweeping new home rule laws, continuing problems of
governmental reorganization, attempts to reform our



liquor licensing procedures and our pari-mutuel wagering
regulation.



And, of course, we will go about the unsung but vital pro-
cess of keeping business and agriculture laws up to date,
passing those local bills which are still necessary, and
considering the thousand other items which will come up
before we adjourn 60 days from now.

I expect great things from this House, and I am both
proud and honored to serve you as Speaker because I know
from talking with each of you that you expect great things
from yourselves.
In the tough days ahead, perhaps we can all derive
strength from the prescription of an anonymous author
who tells it like it is:
"Our country . needs more men who do not have a
price at which they can be bought; who do not borrow from
integrity to pay for expediency; whose handshake is an
ironclad contract; who are not afraid of risk; who have
opinions instead of prejudices; who are as honest in small
matters as they are in large ones; whose ambitions are big
enough to include others; who know how to win with
grace and lose with dignity; who do not believe that
shrewdness and cunning and ruthlessness are the three
keys to success; who still have friends they made twenty
years ago; who are not afraid to go against the grain of
popular opinion and do not believe in consensuss'; who are
occasionally wrong and always willing to admit it."
In short, our country needs leaders.

On motion by Mr. J. R. Clark, the remarks by Speaker Petti-
grew were ordered spread upon the Journal.


Introduction and Reference
By Representatives Renick, Featherstone, Baker, Lane, David
Clark, Moudry, Poorbaugh, Caldwell, Reed, Grizzle. Savage,
Singleton, Gillespie, Dubbin. Ogden, Baumgartner, C. Matthews,
Murphy, A. S. Robinson, Wilson, Nergard. Earle, Gorman. Gib-
son, Dick Clark. Sackett, Holloway, Gallen, Harris, Wolfson,
Kershaw, Gustafson, Craig, Pettigrew, Randell, Walker, For-
tune, Elmore, Miers, Tillman. Martinez, Hess, Tucker, MacKay,
Turlington, Cherry, Poole, Thomas, Hazelton, Trombetta, and
Tittle-
HB 1-A bill to be entitled An act relating to consumer
protection; making it unlawful for any retail food dealer to
sell certain meats unless packaged in transparent containers;
providing for enforcement by the Department of Agriculture
and Consumer Services; providing a penalty; providing an
effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Miers and Tucker-
HB 2-A bill to be entitled An act relating to the Flnrida
highway patrol, disability pensions; amending section 321.20
(2), Florida Statutes, to provide an alternate method of
determining total disability pensions; providing an effective
date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Miers-
HB 3-A bill to be entitled An act providing for the relief
of Terry Schlichenmaier; providing an appropriation; provid-
ing an effective date.
-was read the first time by title and referred to the
Committee on Claims.
By Representatives Wolfson and Featherstone-



HJR 4-A joint resolution proposing an amendment to Section
6 of Article VII of the Constitution of the State of Florida,



3



April 6, 1971










JOURNAL OF THE HOUSE OF REPRESENTATIVES



providing for a five year residency requirement for eligibility
for the first five thousand dollars ($5,000) homestead exemp-
tion; providing for ten thousand dollars ($10,000) homestead
exemptions for persons resident for at least the five (5)
preceding years in Florida who are sixty-five (65) years of
age or older or who are totally and permanently disabled;
providing exceptions and providing an effective date.
-was read the first time and referred to the Committees on
Finance & Taxation and Appropriations.

By Representatives Nichols and Featherstone-
HB 5-A bill to be entitled An act relating to clerks of
the circuit courts; repealing section 28.24(24), Florida Stat-
utes, as amended by chapter 70-134, Laws of Florida, relating
to the service charge for receiving and disbursing domestic
support payments; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Nichols-
HB 6-A bill to be entitled An act relating to the insurance
code; amending the unnumbered paragraph and subsection (2)
of section 625.111, Florida Statutes, so as to state specifically
the amount of reserves, for how long they shall be maintained,
providing that any previous or existing unearned premium
reserve under prior law was and is impressed with a trust
on them and otherwise limiting the purposes for which they
shall be used; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Tobiassen-
HB 7-A bill to be entitled An act relating to school ner-
sonnel, continuing contracts; amending section 231.36(3),
Florida Statutes, by adding paragraph (f); allowing school
boards to issue continuing contracts to transferring teachers.
-was read the first time by title and referred to the
Committee on Education.

By Representative Tobiassen-
HB 8-A bill to be entitled An act relating to sick and
emergency leave for school teachers; amending section 231.40
(1) (b), Florida Statutes, providing for mandatory leave for
school teachers for religious holidays and emergencies; providing
an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Tobiassen-
HCR 9-A concurrent resolution directing the state depart-
ment of education to conduct a study to determine the
economic feasibility of using paperback textbooks in the public
schools of Florida.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Tobiassen-
RHB 10-A bill to be entitled An act relating to public school
employees, sabbatical leave; amending chapter 231, Florida
Statutes, by adding section 231.395, establishing a program
of sabbatical leaves of absence for certain qualified teachers
and administrative personnel; providing procedures and con-
ditions for granting sabbatical leaves; providing an effective
date.
--was read the first time by title and referred to the
Committees on Education and Appropriations.



By Representative Tobiassen-
HB 11-A bill to be entitled An act relating to education,
minimum foundation program; amending chapter 236, Florida
Statutes, by adding a new section requiring that all funds



provided for salaries of classroom teachers be used for that
purpose only; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Tobiassen-
HB 12-A bill to be entitled An act relating to education;
amending chapter 233, Florida Statutes, by adding sections
233.341 and 233.342, authorizing district school boards to use
their textbook allocations directly; authorizing school boards
to establish committees for selecting textbooks not included
in the list adopted by the state; providing for the composition
of such committees and the adoption of books selected; pro-
viding an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Tobiassen-
HB 13-A bill to be entitled An act relating to education
improvement expenses; amending section 236.07(6), Florida
Statutes, providing for a teacher educational incentive pro-
gram which offers partial tuition payments for teachers and
administrators taking college courses to improve their pro-
fessional competence; directing school boards to allocate funds
and administer the program; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Randell-
HB 14-A bill to be entitled An act for the relief of Mrs.
Mary Wellman for the death of her husband, Doctor Marvin
Wellman, in performance of his official duties; providing a
pension for her; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Tyrrell-
HB 15-A bill to be entitled An act relating to judgment
ard sentence; amending chapter 921. Florida Statutes, by
adding section 921.085 to add a misdemeanor penalty for
judges failing to impose minimum sentences after a jury con-
viction; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Tyrrell and Johnson-
HB 16-A bill to be entitled An act relating to outdoor
theatres; amending chapter 555, Florida Statutes, by adding
section 555.09, providing that no motion picture rated "R" or
"X" by the motion picture code of self-regulation shall be
shown in any outdoor theatre; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Caldwell-
HB 17-A bill to be entitled An act relating to motor
vehicle license plates; adding a subsection to section 320.011,
Florida Statutes, to provide that the prefix number on such
plates reflect the county of issuance in accordance with the
population of such counties as shown by the 1970 census;
providing an effective date.
--was read the first time by title and referred to the
Committee on Transportation.

By Representative Nichols-



HB 18-A bill to be entitled An act relating to offenses
punishable by death; amending 921.141, Florida Statutes (for-
mer 919.23, Florida Statutes, as amended by section 119, chapter
70-339, Laws of Florida); providing for discretion by the judge
to determine length of imprisonment under certain conditions;
providing an effective date.



4



April 6, 1971









JOURNAL OF THE HOUSE



-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Earle and Reed-
HB 19-A bill to be entitled An act relating to compulsory
school attendance and child welfare; amending chapter 232,
Florida Statutes, by adding section 232.46, prohibiting dis-
crimination in assignment of students on account of race,
creed, color, or national origin; prohibiting transporting of
students for the purpose of achieving racial balance in schools;
providing exceptions; providing an effective date.
-was read the first time by title and referred to the
Committee on Education.

By Representatives Holloway and Featherstone-
HB 20-A bill to be entitled An act relating to capitol center
planning; repealing paragraph (b) of subsection 20.22(5) and
amending sections 272.121 and 272.122, Florida Statutes 1969;
creating the capitol center planning committee and the planning
and architectural advisory council; providing the membership,
powers and duties of the committee and the council; setting
forth the duties and functions of the division of building con-
struction and maintenance, department of general services,
relating to the capitol center; providing for acquisition of
land for state buildings and facilities in the capitol center;
providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

HB 21-Withdrawn

By Representatives Holloway and Featherstone-



HB 22-A bill to be entitled An act relating to the
ment of transportation; amending section 20.23(2),
Statutes; adding qualifications for division directors;
ing an effective date.



depart-
Florida
provid-



-was read the first time by title and referred to the
Committee on Transportation.

By Representative Holloway-
HB 23-A bill to be entitled An act relating to the depart-
ment of transportation; amending section 337.18, Florida
Statutes, by adding subsection(4); requiring adherence to
federal criteria where dismissal or decrease in liquidated dam-
ages responsibility would result in loss of federal funds; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Holloway-
HCR 24-A concurrent resolution relating to the depart-
ment of transportation; creating a special legislative study
unit to determine proper turnpike relationship with the de-
partment of transportation, and the future of toll facilities
within the State of Florida.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representative Holloway-
HB 25-A bill to be entitled An act relating to the depart-
ment of transportation; amending section 334.19(1) and (2),
Florida Statutes; requiring the comptroller to be a registered
certified public accountant; requiring certain accounting pro-
cedures; requiring certain rights-of-way listings; providing
an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representatives Nichols and Featherstone-
HB 26--A bill to be entitled An act relating to game and
fresh water fish; repealing chapter 70-26, Laws of Florida,



April 6, 1971



HB 34-Withdrawn



HB 35-Withdrawn



OF REPRESENTATIVES 5

relating to fishing licenses for persons fishing with cane poles
in their home counties; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Finance & Taxation.

By Representatives Miers, Yancey, and Hess-
HB 27-A bill to be entitled An act relating to driving while
under the influence of alcohol or narcotic or dangerous drugs,
or certain other chemical substances; amending sections
186.0177, 317.201, and 860.01, Florida Statutes, to add addi-
tional substances that cause impairment of normal faculties;
revising subsection (2) of section 322.26, Florida Statutes, to
conform language; amending section 322.28, Florida Statutes,
providing periods for which driver licenses shall be revoked
upon conviction of driving while under the influence of alcoholic
beverages or narcotic or dangerous drugs, or certain other
chemical substances; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Miers and Baker-
HB 28-A bill to be entitled An act relating to abortion;
amending section 782.10, Florida Statutes, to except legal
abortion from homicide provisions; amending section 797.01,
Florida Statutes, to permit abortions by licensed physicians in
certain hospitals; requiring domicile for one hundred eighty
(180) days; providing definitions; providing penalties for
violation; amending section 797.02, Florida Statutes, to ex-
press legislative intent and permit lawful publication of abor-
tion information; repealing paragraph (i) of subsection (1)
of section 458.1201, Florida Statutes, relating to revocation
of doctor's license for aiding or participating in abortions;
providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representatives Miers and Hazelton-
HB 29-A bill to be entitled An act relating to higher
education; providing for the establishment of a feasibility
study concerning external bachelors degrees; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representatives Miers and Holloway-
HB 30-A bill to be entitled An act relating to transporta-
tion planning for the City of Tallahassee and surrounding
area; authorizing and directing the state departments of
general services and transportation to cooperate with local
planning authorities and to participate in the development and
execution of plans for achieving a balanced transportation
system to accommodate said area; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representatives Miers and Sykes-
HB 31-A bill to be entitled An act relating to operation
of aircraft while intoxicated; amending section 860.13, Florida
Statutes, to prohibit the operation of aircraft while under
the influence of alcoholic beverages and certain drugs; pro-
viding penalties; providing an effective date.
--was read the first time by title and referred to the
Committee on Criminal Justice.

HB 32-Withdrawn

HB 33-Withdrawn









6 JOURNAL OF THE HOUSE

By Representatives Holloway and Featherstone-
HJR 36-A joint resolution proposing an amendment to the
State Constitution; amending Section 3 of Article III by
adding a new paragraph to require due notice to members
of the legislature of all special sessions of the Florida legis-
lature.
-was read the first time and referred to the Committee on
Judiciary.

By Representatives Poorbaugh and David Clark-
HB 37-A bill to be entitled An act relating to school dis-
tricts, law enforcement; authorizing the appointment of special
officers to protect persons and property; providing for the
powers, duties, qualifications, and compensation of such special
officers; providing an appropriation; providing an effective
date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representatives Earle and Reed-
HB 38-A bill to be entitled An act relating to transporta-
tion of public school students; amending chapter 234, Florida
Statutes, by adding section 234.26, providing that students
shall not be transported for any purpose without parental
consent; providing an effective date.
-was read the first time by title and referred to the
Committee on Education.

By Representatives Nichols and Featherstone-
HB 39-A bill to be entitled An act relating to firearms;
making it unlawful to dispose of such firearms in any body
of water; providing for public sale; providing for those who
are unable to purchase; providing a penalty; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Caldwell-
HB 40-A bill to be entitled An act relating to school
buses; amending 234.08(2), Florida Statutes, and 317.692
(2)(a), Florida Statutes, as amended by chapter 70-74, Laws
of Florida, to require public and private school buses to be
equipped with seat safety belts; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representatives Fleece and Johnson-
HB 41-A bill to be entitled An act relating to nuisances
and doors on abandoned iceboxes, refrigerators, etc., amending
sections 823.07 and 823.08, Florida Statutes, to include clothes
washers, clothes dryers, and similar airtight units; providing
an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

HB 42-Withdrawn

By Representative Nichols--
HB 43-A bill to be entitled An act relating to elections;
amending chapter 100; providing for an effective date.
-was read the first time by title and referred to the
Committee on Elections.

HB 44-Withdrawn



d



By Representative Sackett-
HB 45-A bill to be entitled An act relating to marriage
counseling; requiring the licensing of certain individuals who
carry on the practice of marriage counseling in Florida for a
fee or remuneration; providing exceptions; creating a board



E OF REPRESENTATIVES April 6, 1971

to be known as the state board of marriage counselors;
prescribing the duties and powers of said board; fixing pen-
alties for the violation of this act; providing for privileged
communication; providing an effective date.
-was read the first time by title and referred to the
Committees on Manpower & Development and Appropriations.

By Representatives Sackett and Featherstone-
HB 46-A bill to be entitled An act relating to premarital
tests; amending sections 741.051, 741.052, 741.053, 741.054,
741.055, and 741.059, Florida Statutes, to provide that certifi-
cate required by section 741.051, Florida Statutes, reflect that
test for gonorrhea has been given and that applicants for
marriage license are free from infection therefrom; providing
exception; providing for maintenance of records in connection
therewith.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Hector-
HB 47-A bill to be entitled An act relating to venue;
amending section 47.061, Florida Statutes; providing a maker
of a promissory note of two hundred dollars ($200) or less may
execute a waiver of venue right whereby the creditor may
bring action in the creditor's home county; removing the
provision that said section shall be liberally construed in
favor of makers of such notes; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Hector-
HB 48-A bill to be entitled An act relating to final process;
amending section 56.29(6) (a), Florida Statutes; providing that
the burden of proof to establish a transfer of certain property
rests with a defendant who has had title to or paid for any
personal property within one (1) year before service of process
on said defendant, rather than within one (1) year before
issuance of execution; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Nichols, Featherstone, and Hazelton--
HB 49-A bill to be entitled An act relating to consumer
protection; providing for calendar date when food is no longer
fit for consumption; providing a definition of perishable foods;
providing a penalty; providing for an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Nichols, Featherstone, and Hazelton-
HB 50-A bill to be entitled An act relating to consumer pro-
tection; providing for dating of foodstuffs; providing for
investigation; providing a penalty; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Nichols, Featherstone, and Hazelton-
HB 51-A bill to be entitled An act relating to consumer
protection; providing for the stamping of the calendar date
on packages of bread; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Nichols, Featherstone, and Hazelton-



HB 52-A bill to be entitled An act relating to consumer
protection; providing for dating of ground meat; providing
for investigation; providing a penalty; providing an effective
date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.











By Representatives Nichols, Featherstone, and Hazelton-
HB 53-A bill to be entitled An act relating to consumer
protection; providing for the use of calendar dates on food
containers; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Nichols, Featherstone, and Hazelton-
HB 54-A bill to be entitled An act relating to consumer
protection; providing for the dating of canned or bottled goods;
providing for the promulgation of rules; providing a penalty;
providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Nichols, Featherstone, and Hazelton-
HB 55-A bill to be entitled An act relating to consumer
protection; providing for the stamping of calendar dates on
the container of milk products; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

HB 56-Withdrawn

By Representatives Earle, Reed, Mooney, and H. W. Mat-
thews-
HB 57-A bill to be entitled An act relating to employees'
right to work; amending chapter 447, Florida Statutes, by
adding section 447.17; prohibiting the requiring of union mem-
bership as a condition of employment; prohibiting such agree-
ments between employers and labor organizations; restricting
conditions for payroll deductions for union dues; providing
penalties; providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Dick Clark-
HB 58-A bill to be entitled An act relating to insurance
rates; amending 627.031, 627.091(1), 627.101(1), 627.151,
627.181(1), 627.191, 627.211(1), 627.281(1), and 627.291, Florida
Statutes, providing procedures for rate making by property,
casualty, and surety insurers and for approval or disapproval
by the department of insurance; repealing 627.062(2) and
627.331(4), Florida Statutes, relating to rate standards and
filings; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Elmore-
HCR 59-A concurrent resolution naming the new state
bridge at Rocky Bayou in Okaloosa County the C. G. Meigs
Bridge.
-was read the first time by title and referred to the
Committee on Transportation.

By Representatives Stevens and Yancey--
HB 60-A bill to be entitled An act relating to opium dens;
repealing sections 846.01, 846.02, 846.03, 846.04, 846.05, 846.06,
and 846.07, Florida Statutes, relating to the maintenance there-
of; providing an effective date.
--was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Reeves-
HB 61-A bill to be entitled An act relating to elections;
amending sections 100.061 and 100.091(1), Florida Statutes, as
amended by chapter 69-1745, Laws of Florida, changing the
first and second primary elections from September to May;
providing an effective date.



7



HB 62-Withdrawn

By Representatives Kershaw, Whitworth, Alvarez, Mixson,
Baumgartner, Dick Clark, Renick, Chapman, Woodward, Harris,
Shaw, Singleton, Pettigrew, Hess, Tyrrell, Baker, Dubbin, Fire-
stone, D'Alemberte, Nichols, Holloway, C. Matthews, Lane,
Sackett, Nease, Sweeny, Murphy, Featherstone, Hector, Hodes,
and Kennelly-
HB 63-A bill to be entitled An act relating to game and
fresh water fish; repealing chapter 70-26, Laws of Florida,
relating to certain exemptions of state residents from obtain-
ing fishing licenses when fishing with poles for noncommercial
purposes; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Finance & Taxation.

By Representative Reeves-
HJR 64-A joint resolution proposing an amendment to
Section 3 of Article III of the State Constitution to prescribe
the length of, and nature of business that may be transacted
at, regular sessions of the legislature.
-was read the first time and referred to the Committee on
Judiciary.

By Representative Savage-
HB 65-A bill to be entitled An act relating to insurance
for motor vehicles; providing for nonfault basic protection
and other insurance for motor vehicles; requiring benefits
payable as loss accrues; creating an assigned claims plan;
requiring insurance for motor vehicle operation with alterna-
tives thereto; providing a penalty for noncompliance; providing
an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Kershaw and Featherstone-
HB 66-A bill to be entitled An act relating to elections;
amending section 99.092(1), Florida Statutes, providing that
qualifying fees shall not be returned to a candidate who with-
draws his candidacy; eliminating minimum fees; providing an
effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Kershaw-
HB 67-A bill to be entitled An act relating to corporations,
groups, or associations which endorse candidates for office;
providing that no corporation, group, or association shall endorse
a candidate unless it registers the name of said candidate with
the officer before whom the candidate qualified within a certain
time and unless it discloses in the publication or broadcast
endorsing said candidate the names of all its members or
officers, or the total number of all its members and officers,
or registers certaiiin information with the officer before whom
the endorsed candidate qualified; providing penalties; providing
an effective date.
-was read the first time by title and referred to the


Committee on Health & Rehabilitative Servicesions.

By Representative Sackett-w-
HB 69-8-A bill to be entitled An act relating to home soici-ght to



station sales; amending section 1 of chapter 70-363, Laws of
Florida, exempting the sale of automobiles and trucks from
the home solicitation sales act; providing an effective date.



-was read the first time by title and referred to the
Committee on Business Regulation.



-was read the first time by title and referred to the
Committee on Elections.



April 6, 1971



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Nichols-
HB 70-A bill to be entitled An act relating to the health
and welfare of the public; providing that airlines shall not
dispose of excess fuel in the air or on runways; providing a
penalty; providing an effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representatives Gautier and Johnson-
HB 71-A bill to be entitled An act relating to elections;
amending 97.041(1), 97.062(1), 97.063(4), 101.62(3), and
101.64(1)(c), Florida Statutes, removing the one year state
and six months county residency requirements to make a
person eligible to become a registered elector of the state;
deleting statutory references to the stated periods of resi-
dency; repealing 97.021(6)(d), 97.031, 97.041(3), and 97.102,
Florida Statutes, relating to electors' residency requirements;
providing an effective date conditioned upon ratification of an
amendment to Section 2 of Article VI of the State Constitution.
-was read the first time by title and referred to the
Committee on Elections.

By Representatives Gautier and Johnson-
HJR 72-A joint resolution proposing an amendment to
Section 2 of Article VI of the State Constitution, removing
required periods of state and county residency from qualifica-
tions of electors.
-was read the first time and referred to the Committee on
Elections.

By Representative Dixon-
HB 73-A bill to be entitled An act relating to the division
of marine resources of the department of natural resources;
providing an appropriation for a beach restoration project
along the Atlantic coastline; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representatives Caldwell and Hazelton-
HB 74-A bill to be entitled An act relating to school buses;
creating 234.26, Florida Statutes, and amending 317.692,
Florida Statutes, as amended by chapter 70-74, Laws of Florida,
to require school buses to have headlights turned on while
in operation; providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Baumgartner-
HB 75-A bill to be entitled An act relating to public of-
ficers and employees, per diem and traveling expenses; amend-
ing 112.061(6)(c) and (d) and 7(d), Florida Statutes, to
increase, for certain persons, the per diem allowance by five
dollars ($5) and the travel expense allowances by five cents
(56) per mile; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Danahy-
HB 76-A bill to be entitled An act relating to public officers
and employees, commission on ethics; amending part III of
chapter 112, Florida Statutes, by adding sections 112.320,
112.321, 112.322, 112.323, 112.324, and 112.325; establishing
a commission on ethics for officers and employees of state
and local agencies; providing for its membership, duties, and
powers; authorizing payment of travel expenses to members;
providing for the enforcement of ethical standards; providing



procedures; providing penalties; repealing sections 112.315,
112.317, and 112.318, Florida Statutes, relating to advisory
opinions by attorney general, penalties for violation of part
III, chapter 112, Florida Statutes, and procedures on com-
plaints of violation; providing an effective date.



-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

HB 77-Withdrawn

By Representatives Gallen and Featherstone-
HB 78-A bill to be entitled An act relating to chemical
test as to intoxication of persons operating a motor vehicle,
implied consent; amending 322.261(1) (a), Florida Statutes;
providing for the testing of breath or blood if lawfully arrested
for any offense including but not limited to the offenses set
forth in 317.201 and 860.01, Florida Statutes; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Ogden and Featherstone-
HB 79-A bill to be entitled An act relating to mobile home
registration; prohibiting owners or operators of mobile home
parks from allowing a vehicle used for housing accommoda-
tions to be parked therein unless it is licensed as may be
required by chapter 320, Florida Statutes; providing a penalty;
providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Baker and Firestone-
HB 80-A bill to be entitled An act relating to grand
juries; providing for protection of secrecy of testimony given
before a grand jury; prohibiting the knowing or negligent
disclosure or communication of any such testimony or the
content, gist or import thereof, except when such testimony
is, or has been, disclosed in a court proceeding; excepting
certain specified persons from the operation of this act; pro-
viding penalties and providing that violation is criminal con-
tempt of court and punishable accordingly; providing an
effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Baker and Featherstone-
HB 81-A bill to be entitled An act relating to guardians;
amending chapter 744, Florida Statutes, by adding sections
744.69, 744.70, and 744.71; designating the division of family
services to act as public guardian; providing a procedure for
submission of public claims; providing priority to be given
private guardians; providing an effective date,
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representatives Nichols and Featherstone-
HB 82-A bill to be entitled An act relating to churches;
providing exemption of utility taxes; providing an effective
date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representatives Nichols and Featherstone-
HB 83-A bill to be entitled An act relating to consumer
protection; providing exemption of utility taxes on the first
fifty dollars ($50.00) of services; providing an effective date.
--was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Nichols-
HB 84-A bill to be entitled An act relating to legal holi-
days; providing that election day be declared a legal holiday;
providing an effective date.



-was read the first time by title and referred to the
Committee on Elections.



8



April 6, 1971









JOURNAL OF THE HOUSE



By Representatives Shaw, Elmore, and Featherstone-
HB 85-A bill to be entitled An act relating to motor vehicle
licenses; amending section 320.083(1), Florida Statutes, pro-
viding that citizens' band radio station operators shall be
issued a special license tag; providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

HB 86-Withdrawn

By Representative Reed-
HB 87-A bill to be entitled An act relating to drivers'
licenses; amending section 322.261(1), Florida Statutes, to
provide for a six (6) months' revocation of a driver's license
where the driver refuses to submit to a chemical or blood
test and is subsequently convicted of driving a motor vehicle
while under the influence of alcoholic beverages; amending
section 322.28(2) (a)1, Florida Statutes, to provide a minimum
six (6) months' revocation of a driver's license when upon a
driver's first conviction of driving a motor vehicle while under
the influence of intoxicating liquor the court finds that the
driver refused to submit to a chemical or blood test; providing
an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

HB 88-Withdrawn

By Representative Reed-
HB 89-A bill to be entitled An act to establish a code of
fair procedure for legislative investigating committees; defining
legislative investigating committees; providing staff membership
and voting procedure; providing for subpoena, notice to wit-
nesses, conduct of hearings and procedure for taking testimony;
providing the penalties for contempt; providing an effective
date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.
By Representative Reed-
HB 90-A bill to be entitled An act relating to profit-sharing
plans; providing that the rule against perpetuities shall not
apply to profit-sharing plans as set forth in the United
States Internal Revenue Code of 1954; providing an effective
date.
-was read the first time by title and referred to the
Committee on Judiciary.

HB 91-Withdrawn
By Representative Reed-
HB 92-A bill to be entitled An act relating to the state
textbook councils; amending sections 233.09(1) and (4) and
233.10, Florida Statutes, providing for public announcements of
state textbook council meetings; providing such meetings shall
be public; providing councils shall file written statements of
criteria used in evaluating books prior to conducting business;
providing that all decisions of the councils shall be public;
providing an effective date.
-was read the first time by title and referred to the
Committee on Education.
By Representative Reed--
HB 93-A bill to be entitled An act relating to district
school board meetings, location; amending section 230.17,
Florida Statutes, providing for additional appropriate places
for regular or special meetings upon public notice; defining
public notice; providing an effective date.
-was read the first time by title and referred to the
Committee on Education.

By Representative Reed--



HB 94-A bill to be entitled An act relating to the seizure
and forfeiture of certain property; instituting the uniform



April 6, 1971



HB 101-A bill to be entitled An act relating to elections;
amending Section 99.161 (8), Florida Statutes, by adding a
new subparagraph (f), to eliminate requirement that unopposed
candidates file a report; providing an effective date.



OF REPRESENTATIVES 9

contraband transportation act; amending section 207.27(1),
Florida Statutes; repealing subsection (2) of section 202.27,
sections 207.28, 207.29, subsections (2) and (3) of section
398.24, sections 404.09, 562.39, 562.40, 562.401, 562.402, 562.403,
562.404, 562.405, 562.406, 562.407, subsections (2), (3), and (4)
of section 849.37, and sections 849.38, 849.39, 849.40, 849.41,
849.42, 849.43, 849.44, and 849.45, Florida Statutes; providing
an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Singleton-
HB 95-A bill to be entitled An act relating to insurance
contracts; amending 627.01001(3), as amended by chapter
70-322, Laws of Florida, and 627.0119, Florida Statutes, to
permit binders or other contracts for temporary wet marine
and transportation insurance to be made orally or in writing
under terms defined by the insurance commissioner and treas-
urer; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

HB 96-Withdrawn

By Representative Baumgartner-
HB 97-A bill to be entitled An act relating to elections;
amending 99.092(1), Florida Statutes, providing for the
return or transfer of a certain percent of qualifying fees upon
the withdrawal of a candidate; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Fleece-
HB 98-A bill to be entitled An act relating to aircraft;
requiring that certain aircraft providing commercial passenger
transportation in this state must install armor plating be-
tween the cockpit and the passenger compartment; specifying
minimum thickness for such armor; providing that locking
mechanisms must be placed on the cockpit entrance which can
be opened only from within the cockpit; providing an effective
date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Fleece-
HB 99-A bill to be entitled An act relating to the operation
of vessels while under the influence of intoxicating liquor and
narcotic drugs; amending section 371.51, Florida Statutes, to
add additional substances that cause impairment of or deprive
normal faculties of pilot; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Fleece-
HB 100-A bill to be entitled An act relating to offenses
concerning aircraft; amending chapter 860, Florida Statutes,
by adding sections 860.131, 860.132, 860.133, 860.134 and
860.135; prohibiting aircraft piracy; prohibiting interference
with aircraft crew or attendants; prohibiting certain other
crimes aboard aircraft; prohibiting deadly weapons aboard
aircraft; providing exceptions; providing definitions; author-
izing search of passengers and baggage; providing that deadly
weapon detection systems, devices, or procedures be installed
in each airport providing commercial air passenger transporta-
tion; providing authority for commercial air passenger carriers
to refuse transportation; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Fleece-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the
Committee on Elections.

By Representative Fleece-
HB 102-A bill to be entitled An act relating to safety
regulations for public lodgings and public food service estab-
lishments; amending Section 509.211 (4) (a), Florida Statutes
to require certificates of architects and engineers; providing
an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Fleece-
HB 103-A bill to be entitled An act relating to the military
code; amending section 250.28, Florida Statutes, to provide
that the lieutenant governor may call out the national guard
in an emergency if the governor is unavailable; amending
section 250.31, Florida Statutes, providing a procedure for
defending any action brought against an individual in his
capacity as a member of the state militia; amending section
250.32, Florida Statutes, to provide for the establishment of
martial law, curfew, or the disbanding of large gatherings;
amending section 250.51, Florida Statutes, increasing penalties
for insult to troops; repealing section 250.15, Florida Statutes,
which allows honorary membership in the Florida national
guard and grants exemption from jury duty; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Fleece-
HB 104-A bill to be entitled An act relating to regulation
of boats; amending Section 371.021 (1), Florida Statutes to
include barges as vessels; amending Section 371.503, Florida
Statutes, relating to interference with navigation to include
anchored vessels as navigational hazards; amending Section
371.67, Florida Statutes, relating to enforcement to authorize
all authorized enforcement officers to order removal of vessels;
providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Fleece-
HB 105-A bill to be entitled An act relating to the cigarette
tax; amending 210.025(2) and 210.20(2)(a), Florida Stat-
utes, to provide that the proceeds of the cigarette tax shall
be distributed to each municipality in the state on the basis of
population; repealing subsection (7) of 210.02, 210.03, and
paragraphs (b) and (c) of subsection (2) of 210.20, Florida
Statutes, to delete the authorization for the separate municipal
cigarette tax, the credit against the state tax for taxpayers
paying such a municipal tax, and the provisions for distribu-
tion of a portion of the proceeds of the cigarette tax to the
Inter-American Center Authority and to the respective boards
of county commissioners; amending 210.04(1) and 210.19,
Florida Statutes, relating to the collection of such taxes and
the recording thereof, to conform with this act; providing for
adjustment in proportionate distribution if necessary to cover
debt service on certain municipal bonds; providing an effective
date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Fleece--
HB 106-A bill to be entitled An act relating to Seminole
and Miccosukee Indian scholarships; amending section 239.66
(1) and (2), Florida Statutes, to make eligible all Seminole
and Miccosukee Indians; eliminating reservation residence
requirements; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Fleece-



HB 107-A bill to be entitled An act relating to ad valorem
taxation; repealing section 196.23, Florida Statutes, which



provides that the state comptroller shall pay the county ad
valorem tax on certain state prison farm lands in Bradford
County; providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Fleece-
HB 108-A bill to be entitled An act relating to teachers;
authorizing the department of legal affairs to provide counsel
for teachers in certain civil and criminal actions upon the
recommendation of the state board of education; providing an
effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representative Nichols-
HB 109-A bill to be entitled An act relating to the evi-
dentiary use of confidential communications between suicide
prevention or crisis care centers and persons seeking aid frojn
said centers; amending chapter 90, Florida Statutes; providing
an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Gibson, Gorman, Sims, Mooney, H. W.
Matthews, Earle, and Johnson-
HB 110-A bill to be entitled An act relating to the com-
pensation of legislators; amending section 11.13(1), Florida
Statutes, as amended by section 1 of chapter 69-3, Laws of
Florida, providing that the annual salaries of members of the
legislature shall be six thousand dollars ($6,000); providing an
effective date.
-was read the first time by title and referred to the
Committees on House Administration & Conduct and Appropria-
tions.

By Representative Reed-
HB 111-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.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Reed-
HB 112-A bill to be entitled An act relating to elections;
amending section 102.161, Florida Statutes, providing for the
assessment of court costs and a reasonable attorney's fee to
the attorney for the prevailing party, to be fixed by the
court and to be paid by the non prevailing party, when a suit
to contest an election is filed in accordance with such section;
providing an effective date.
-was read the first time by title and referred to the
Committees on Elections and Appropriations.

By Representative Reed-
HJR 113-A joint resolution proposing amendments to Sec-
tions 4 and 5 of Article IV of the State Constitution to
provide for the appointment of the commissioner of education
by the governor subject to confirmation by the senate; provid-
ing qualifications for the commissioner of education.
-was read the first time and referred to the Committee on
Education.

By Representative Reed-



HB 114-A bill to be entitled An act relating to public
education; amending chapter 233, Florida Statutes, by adding
a new section; requiring written approval by parents or



10



April 6, 1971









JOURNAL OF THE HOUSE



guardians for tests or questionnaires about pupils' beliefs or
practices; providing an effective date.
-was read the first time by title and referred to the
Committee on Education.

By Representative Reed-
HJR 115-A joint resolution proposing amendments to sec-
tions 4 and 5 of Article IV of the State Constitution to provide
for appointment of the cabinet by the governor with the consent
of the Senate; providing qualifications for cabinet members.
-was read the first time and referred to the Committee on
Governmental Organization & Efficiency.

By Representatives Nichols, Featherstone, and Spicola-
HB 116-A bill to be entitled An act relating to homestead
tax exemption; amending section 192.12, Florida Statutes, by
adding subsections (3) and (4) providing for ten thousand
dollar ($10,000) exemptions for persons resident for at least
the five (5) preceding years in Florida and who are sixty-five
(65) and older or who are totally disabled; and providing an
effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative A. S. Robinson-
HB 117-A bill to be entitled An act relating to taxation
and conservation and restoration of natural resources; pro-
viding a tax credit and/or excise tax on the severance of
solid minerals; authorizing a credit up to one hundred per
cent (100%) of the cost of restoring or improving the site
of the severance; providing for dedication of the site; providing
for the administration of such tax and/or credits by the comp-
troller and specific boards; providing effective dates.
-was read the first time by title and referred to the
Committees on Natural Resources and Finance & Taxation.

By Representative Singleton-
HB 118-A bill to be entitled An act relating to alcoholic
beverages, inventory; providing that state and federal excise
taxes on alcoholic beverages held as stock in trade shall not
be included in the assessment and computation of the personal
property tax; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Gustafson-
HB 119-A bill to be entitled An act relating to traffic
laws; creating chapter 316, Florida Statutes, to be known
as the "Florida uniform traffic control law"; regulating the
movement of all vehicular, all pedestrian and all other traffic
upon the streets and highways and elsewhere throughout the
state where the public might have a right to travel; providing
definitions; providing for the respective powers of state and
local authorities in the control of traffic upon the streets and
highways; establishing the enforcement of jurisdictions of
traffic laws; establishing the rules of the road to be appli-
cable throughout the state; establishing a standard of equip-
ment of vehicles throughout the state; prescribing penalties
for violation; providing for the adoption of this act by all
municipalities within the state on or before January 1, 1972;
repealing chapters 186 and 317, Florida Statutes; providing
an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representatives D'Alemberte, Yancey, and Featherstone-
HB 120-A bill to be entitled An act relating to wrongful
death action; amending chapter 768, Florida Statutes, by adding
sections 768.16, 768.17, 768.18, 768.19, 768.20, 768.21, 768.22,



768.23, 768.24, 768.25, 768.26, and 768.27; providing for a right
of action on behalf of the survivors and the estate by the per-
sonal representative of a decedent whose death is caused by
the wrongful act, negligence, default, or breach of contract or



April 6, 1971



fees; prescribing child custody proceedings; repealing 741.01-
741.22, Florida Statutes, relating to husband and wife; provid-
ing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.



OF REPRESENTATIVES 11

warranty of any person; repealing sections 768.01, 768.02, and
768.03, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives C. Matthews and Featherstone-
HB 121-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 California Plan as to
motor vehicle insurance, and the reinstatement of prior ap-
proval of rates on motor vehicle insurance; adding new section
627.070, Florida Statutes, to define motor vehicle insurance;
providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Elmore-
HB 122-A bill to be entitled An act relating to criminal
mischief; defining the crime of criminal mischief; providing
penalties; repealing sections 822.01, 822.02, 822.03, 822.04,
822.05, 822.06, 822.07, 822.08, 822.09, 822.14, 822.17, and 822.18,
Florida Statutes, relating to malicious injury to buildings,
structures, vessels and other personal property; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Elmore-
HB 123-A bill to be entitled An act relating to oil and
mineral rights; providing that upon application by the legal
owner of any land which was purchased from the state prior
to July 1, 1971, and which had previously been acquired by
the state pursuant to the Murphy Act, the state shall release
all oil and mineral rights held in such land pursuant to section
270.11, Florida Statutes; amending section 270.11, Florida
Statutes, to conform with such change; providing an effective
date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representatives Whitworth and Featherstone-
HB 124-A bill to be entitled An act relating to elections;
amending 99.092(1), Florida Statutes, providing for the for-
feiture of filing fees of a candidate who withdraws his candi-
dacy and qualifies for another office; authorizing the return
of filing fees less an administrative charge to a candidate
who withdraws his candidacy and does not qualify for another
office; eliminating minimum fees; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.


Excused

On motion by Mr. Dubbin, the Committee on Rules & Calendar
was excused for the purpose of holding a meeting.


Continuation of Introduction and Reference

By Representative Nichols-
HB 125-A bill to be entitled An act relating to marriage and
divorce; amending chapter 61, Florida Statutes; providing for
state policy concerning marriage and divorce; regulating mar-
riage licensing and formalities; providing procedures for dis-
solution of marriage, separation agreements, disposition of
property, maintenance of spouse, child support, and attorney's









12 JOURNAL OF THE HOUSE

By Representatives Hodes, Featherstone, and Hazelton-
HB 126-A bill to be entitled An act relating to abuse of
children; amending 828.041, Florida Statutes, to provide for
reports of child abuse from physicians, institutions, nurses,
schoolteachers and social workers; itemizing considerations in
reporting maltreatment; providing for central registries; pro-
viding immunity from liability; making violation a misde-
meanor; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Earle-
HM 127-A memorial to the Congress of the United States
requesting Congress to propose an amendment to the Consti-
tution of the United States prohibiting any law based upon
considerations of race, color or religion.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Firestone and Featherstone-
HB 128-A bill to be entitled An act relating to the procure-
ment of consulting services by state agencies; providing legis-
lative intent for the establishment of standards for such
procurement; providing definitions; authorizing the adminis-
tration commission on the recommendation of the secretary
of the department of administration to adopt rules and guide-
lines as may be necessary to carry out legislative intent;
authorizing the division of planning and budgeting to prescribe
budgetary forms and release requirements for procurement
of consulting services; authorizing the division of personnel
and retirement to review personal service budgets; requiring
consultants to submit final reports for library reference; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representatives Mattox, Featherstone, and Elmore-
HB 129-A bill to be entitled An act relating to public
facilities; prohibiting the permission to use state university,
public school and other public meeting facilities by persons
who advocate destruction of property or violent overthrow of
the government as a means to achieve political or social
objectives; providing penalties; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Whitworth and Featherstone-
HB 130-A bill to be entitled An act relating to the depart-
ment of transportation; providing an appropriation for match-
ing funds from federal aid for general aviation airport
construction and development of general aviation facilities,
for air carrier or airport construction in the development of
air carrier aviation facilities, and for planning and implement-
ing federal airport and airways assistance; providing an
effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representatives Firestone and Featherstone-
HB 131-A bill to be entitled An act relating to obstructing
justice; amending section 843.12, Florida Statutes; making it
unlawful to aid in the escape of a person lawfully in the
custody of a hospital, sanitarium, institution, or other such
place of confinement or detention; providing a penalty there-
for; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.



I



By Representatives Firestone and Featherstone-
HB 132-A bill to be entitled An act relating to criminal
procedure; amending chapter 901, Florida Statutes, by adding
sections 901.27, 901.28, and 901.29, authorizing an arresting
officer to issue a citation to appear in court in lieu of taking



OF REPRESENTATIVES April 6, 1971

a person before a magistrate in misdemeanor cases; amending
sections 901.06 and 901.23, Florida Statutes, releasing officer
from duty to take a person before a magistrate when a
citation to appear is issued; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

HB 133-Withdrawn

By Representative Firestone-
HB 134-A bill to be entitled An act relating to compensa-
tion for innocent victims of violent crimes; providing defini-
tions; setting forth elements of recovery; providing restrictions
on who may recover; providing time limits; providing certain
amounts of compensation; establishing a crimes compensation
commission; providing its membership, duties, powers, and com-
pensation; providing for hearings; providing for judicial review;
providing an effective date.
-was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.

By Representative Firestone-
HB 135-A bill to be entitled An act relating to police
training program; amending Section 23.069 (3), Florida Stat-
utes; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Firestone-
HB 136-A bill to be entitled An act relating to fire preven-
tion; providing that it is unlawful for any person to smoke,
carry or possess any lighted match, pipe, cigar, or cigarette
or carry or use any portable open flame in certain portions of
buildings wherein certain highly flammable materials or prod-
ucts are sold at retail or kept, stored, or displayed for sale
at retail; providing for the erection and placement by the
owner or manager of such portions of buildings of "NO
SMOKING" signs; providing for the number, manner and
wording of such signs; providing penalties for violation of act;
providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Whitworth and Featherstone-
HB 137-A bill to be entitled An act relating to the licensing
of chauffeurs; adding subsection (8) to 322.05, Florida
Statutes, prohibiting the department of highway safety and
motor vehicles from issuing a chauffeur's license to any per-
son not of good moral character; adding subsection (3) to
322.08, Florida Statutes, providing that an applicant for a
chauffeur's license shall submit two sets of fingerprints;
providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

HB 138-Withdrawn

By Representative Hector-
HB 139-A bill to be entitled An act relating to the division
of purchasing; creating section 287.083, Florida Statutes,
enabling the division to give preference in all competitive
bidding to commodities manufactured or assembled within the
states or territories of the United States whenever the quality
and services represented in such bids are equal; providing an
effective date.
--was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Fleece-



HB 140-A bill to be entitled An act relating to operation
of aircraft while intoxicated; amending section 860.13(1),
Florida Statutes, to add additional substances that cause im-
pairment of or deprive normal faculties of pilot; providing
an effective date.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Fleece-
HB 141-A bill to be entitled An act relating to insurance;
amending 20.16(2), Florida Statutes, as amended by chapter
70-107, Laws of Florida, and adding subsection (13) to said
section, transferring the powers, duties, and functions of the
department of insurance to the department of business regu-
lation; directing the statutory revision service to make appro-
priate changes in terminology; providing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Fleece-
HB 142-A bill to be entitled An act relating to safety
equipment inspections of motor vehicles; amending Section
325.19 (2), Florida Statutes; providing additional definition of
unsafe tires; providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Earle-
HB 143-A bill to be entitled An act relating to employment
of entertainers under twenty-one years of age where alcoholic
beverages are sold; amending section 562.13, Florida Statutes,
removing present exception; providing for a special entertain-
ment employment permit, providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Fleece-
HB 144-A bill to be entitled An act relating to beverage
law enforcement; amending Sections 562.15 and 562.16, Florida
Statutes, to eliminate reference to individual exceptions; re-
quiring affixing of Florida excise liquor stamps to all alcoholic
beverages brought into the state; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representative Nichols-
HB 145-A bill to be entitled An act relating to harmful
articles; providing for strict liability; providing for treble
damages; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Miers-
HB 146-A bill to be entitled An act relating to the high-
way patrol auxiliary; amending Section 321.24(2), Florida Stat-
utes, providing auxiliarymen serving under the direction and
supervisionof the director or a member of the Florida highway
patrol shall have the power to bear arms; providing an effective
date.
--was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Gustafson--
HB 147-A bill to be entitled An act relating to motor vehicle
registration taxes; amending 320.08(8) (a) and (b), Florida
Statutes, to adjust the weight classifications between "B" and
"BB" series trailers for private use from 1,050 to 1,999 pounds;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Finance & Taxation.

By Representative Earle-



HB 148-A bill to be entitled An act relating to pesticides;
providing that the Florida game and fresh water fish commis-
sion shall study the effects of pesticides on the brown pelican



in Florida; providing an appropriation; providing an effective
date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Baumgartner-
HB 149-A bill to be entitled An act relating to motor vehicle
license taxes; amending 320.08(4), Florida Statutes, by desig-
nating two (2) license series and fixing the tax required for
tractors and trucks for private use and for hire; providing an
effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Sackett-
HB 150-A bill to be entitled An act relating to anatomical
gifts; amending section 736.25(2), Florida Statutes, which was
created by section 6, chapter 69-88, Laws of Florida; author-
izing a uniform donor card; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Sackett--
HB 151-A bill to be entitled An act relating to child care
facilities; providing for the regulation of child care facilities
by the state board of health; providing for the adoption and
enforcement of rules and regulations; providing for right of
entry; providing for preservation of certain licensing laws;
providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.
By Representative Sackett-
HB 152-A bill to be entitled An act relating to public swim-
ming pools and bathhouses, safety; amending sections 514.02,
514.03, 514.04, 514.05, and 514.06, Florida Statutes, to provide
for supervision by the state board of health of swimming and
bathing safety; providing for permitting of swimming and
bathing structures based on safety; providing for entry by
inspectors to determine the safety conditions of such struc-
tures; providing for revocation of permit and injunctions
where unsafe conditions exist; providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.
By Representative Sackett-
HB 153-A bill to be entitled An act relating to the division
of health of the department of health and rehabilitative serv-
ices; amending section 381.031, Florida Statutes, directing the
division to maintain continuous evaluation of certain health test-
ing and immunization requirements; providing for reports of
recommendations; providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.
By Representative Sackett-
HB 154-A bill to be entitled An act relating to maternity
hygiene; amending chapter 383, Florida Statutes, by adding
section 383.15 requiring that within thirty-six (36) hours of
termination of pregnancy a mother with Rh-negative blood
having a baby with Rh-positive factor be advised of the risk of
Rh sensitivity and the recommended treatment of RhoGAM or
its equivalent; providing that the mother may receive this
treatment; providing for exceptions; providing an effective
date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Sackett-



HB 155-A bill to be entitled An act relating to the due
and legal execution of writings or documents; providing that



April 6, 1971



13









JOURNAL OF THE HOUSE OF REPRESENTATIVES



in all cases where the seal of a notary public is necessary
to the due and legal execution of any writing or document
such document or writing may be legally executed by the
affixing thereto of three (3) signatures of disinterested sub-
scribing witnesses; providing that each witness must sign in
the presence of the other witnesses; providing an effective
date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Sackett-
HB 156-A bill to be entitled An act relating to unsolicited
delivery of credit cards; amending 1(3)(b) of chapter 70-352,
Laws of Florida, appearing as 501.011(3) (b), Florida Statutes;
prohibiting the reissuance of credit cards which have not been
used for one (1) year unless reissuance is requested; providing
an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Sackett-
HB 157-A bill to be entitled An act relating to school
attendance and child welfare; amending section 232.031(1),
Florida Statutes, to require that all children be administered
German measles vaccine and show evidence of such prior to
being admitted to first grade; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Culbreath-
HB 158-A bill to be entitled An act relating to the public
show or sale of horses; prohibiting the scoring of horses for pub-
lic show or sale; prohibiting the administration of certain
drugs to horses for the purpose of public show or sale; pro-
viding definitions; providing for inspection of horses at public
show or sale to determine violations; providing procedures for
enforcement of this act; providing penalties; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the
Committees on Agriculture & Citrus and Appropriations.

By Representatives Zinkil, Trombetta, and Williamson-
HB 159-A bill to be entitled An act relating to Broward
County; repealing chapter 69-907, Laws of Florida, as amended
by chapter 70-614, Laws of Florida; abolishing the Broward
County Transportation Authority; providing for the transfer
of all assets of said Authority to the board of county com-
missioners of Broward County; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 159.
-was read the first time by title and referred to the
Committee on Community Affairs.

By Representative Smith-
HB 160-A bill to be entitled An act relating to traffic reg-
ulation; amending chapter 317, Florida Statutes, by adding
section 317.792, prohibiting the operation of tandem trailer
combinations on highways; providing penalties; providing an
effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Firestone-
HB 161-A bill to be entitled An act relating to taxation;
amending subsection (1) of section 192.042, Florida Statutes,
as created by section 4 of chapter 70-243, Laws of Florida, pro-
viding that improvements to real estate completed after Jan-
uary 1 shall be assessed for taxes at a proportion of just
value; providing an effective date.



:--was read the first time by title and referred to the
Committee on Finance & Taxation.



By Representative Firestone-
HB 162-A bill to be entitled An act relating to public agen-
cies; prohibiting the giving of any gift or gratuity to any
person employed by a licensing agency or department by any
person licensed by such department or agency; providing pen-
alties; providing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Firestone-
HB 163-A bill to be entitled An act relating to school buses;
amending section 234.08(2), Florida Statutes, and section 317.-
692(2) (a), Florida Statutes, as amended by chapter 70-74,
Laws of Florida, to require public and private school buses to
be equipped with seat safety belts; establishing standards for
such devices; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representative Singleton-
HB 164-A bill to be entitled An act relating to governmen-
tal reorganization; amending subsection (1) of section 20.13,
Florida Statutes, to provide that the head of the department of
insurance is an insurance commission consisting of six (6)
members representative of the public and the industry ap-
pointed by the governor and confirmed by the senate; providing
for appointment by the commission with confirmation of the
senate of an executive director designated as "insurance com-
missioner," adding new subsection (2) and renumbering pres-
ent subsection (2) as subsection (3) providing for fire and
casualty division, life division, fire marshal division, L P gas
division, and the appointment, qualifications, and conditions
of tenure of division directors thereof; providing an effective
date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Walker-
HB 165-A bill to be entitled An act relating to homestead
tax exemption; amending section 196.031, Florida Statutes, by
adding subsection (3) providing for ten thousand dollars home-
stead exemption for persons sixty-five years of age and older;
providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Walker-
HB 166-A bill to be entitled An act relating to daylight sav-
ing time; exempting the State of Florida and its political sub-
divisions from the operations of 15 U.S.C.A. 260A, which estab-
lishes a uniform time for an advance to daylight saving time.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Walker-
HB 167-A bill to be entitled An act relating to beach and
shore preservation; amending section 161.101 (1), Florida Stat-
utes, specifying state participation, subject to legislative appro-
priation, in federally authorized projects; providing for pay-
ment of certain costs by local governmental entities; providing
an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Craig-
HB 168-A bill to be entitled An act relating to insurance
for motor vehicles; providing for nonfault basic protection and
other insurance for motor vehicles; requiring benefits payable
as loss accrues; creating an assigned claims plan; repealing



chapter 324, Florida Statutes, creating 320.021, Florida Stat-
utes, requiring insurance prior to motor vehicle registration
with alternatives thereto; providing a penalty for noncompli-
ance; amending 627.0850 and 627.0851, Florida Statutes,



14



April 6, 1971









JOURNAL OF THE HOUSI



relating to casualty insurance contracts and uninsured motorist
coverage to conform to the benefits and requirements of this
act; repealing 624.0324(1) (t) and 627.1012(3), Florida Stat-
utes, to conform to the repeal of chapter 324; providing an
effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Melvin and Reed-
HB 169-A bill to be entitled An act relating to condomini-
ums; repealing section 2 of chapter 70-273, Laws of Florida,
relating to the assignment by a condominium association of
rights and responsibilities with respect to maintenance, man-
agement and operation contracts; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Melvin-
HB 170-A bill to be entitled An act relating to sea oats
and sea grapes; amending section 370.041(2), Florida Statutes,
making it unlawful for any purpose to remove or eradicate sea
oats or sea grapes from public land or private land without
the consent of the owner of such land; providing an effective
date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Melvin-
HB 171-A bill to be entitled An act relating to research
projects wholly or partially financed by state funds; requiring
all federal, state, or private agencies, colleges, universities,
research stations, and others engaged in such research to file
a report annually and prior to commencing such project; requir-
ing records to be kept by the department of administration and
the legislative service bureau; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Murphy-
HB 172-A bill to be entitled An act relating to legislators;
providing for public disclosure by all members of the Florida
legislature of their net worth and income; providing that all
such statements be filed annually with the secretary of state;
providing a severability clause; providing an effective date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representative Murphy-
HJR 173-A joint resolution proposing an amendment to
Article V of the State Constitution, adding a section to be
numbered by the Secretary of State; providing for the abolish-
ment of the office of constable in Pinellas County.
-was read the first time and referred to the Committee on
Community Affairs.

By Representative Redman--
HB 174-A bill to be entitled An act relating to acknowledg-
ment and proof of instruments affecting real and personal
property; amending 695.03, Florida Statutes, to provide that
acknowledgment or proof in this state may be made before a
United States magistrate; providing that where an out-of-state
notary public does not have or does not use a seal, a certificate
of proper authority to such fact is sufficient; validating instru-
ments heretofore acknowledged; providing an effective date.
--was read the first time by title and referred to the
Committee on Judiciary.

By Representative Gallen-



HB 175-A bill to be entitled An act relating to circuit
courts; amending 26.13(1), Florida Statutes, to provide that
the number of judges for the twelfth judicial circuit shall be



April 6, 1971



of minimum standards; providing for an advisory council; pro-
viding an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.



E OF REPRESENTATIVES 15

based on population as determined by the latest official census;
providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Wilson-
HB 176-A bill to be entitled An act relating to the depart-
ment of air and water pollution control; amending section
20.26, Florida Statutes, changing the names of the department
of air and water pollution control and the air and water pollu-
tion control board to the department of environmental protec-
tion and environmental protection board, respectively; directing
the statutory revision service to make the appropriate changes
in terminology in the Florida Statutes; providing an effective
date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representatives Wilson, Murphy, Grizzle, Whitworth,
Gillespie, Conway, Hess, Earle, Moudry, Nergard, Firestone,
Craig, Baker, D'Alemberte, Gibson, Reeves, and Johnson-
HB 177-A bill to be entitled An act relating to animal
exhibitions; amending 548.031, Florida Statutes, as amended
by chapter 70-50, Laws of Florida, and 828.12(2), Florida
Statutes, as created by chapter 70-50, Laws of Florida, to
delete the phrase "simulated or bloodless bullfights" from the
exemption from the operation of these sections and to other-
wise qualify said exemption; providing an effective date,
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Wilson-
HB 178-A bill to be entitled An act relating to pollution;
prohibiting any person or airline company from dumping fuel
from an aircraft into the air or on to an airport runway or
taxiway, with exception; prohibiting railroad companies operat-
ing in Florida from discarding trash, garbage or human waste
along the railway; providing a penalty; providing an effective
date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Baker-
HB 179-A bill to be entitled An act relating to juvenile
courts; amending 39.01(12) (b), Florida Statutes, to require
adjudication of delinquency rather than allegation of same;
providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

HB 180-Withdrawn

By Representative Fleece-
HB 181-A bill to be entitled An act relating to taxes on
gasoline and like products; repealing Section 208.05, Florida
Statutes, relating to aviation motor fuel exemption; providing
an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Featherstone-
HB 182-A bill to be entitled An act relating to water puri-
fication and waste water treatment operators; providing defi-
nitions; providing for examination and licensure of operators
by the department of health and rehabilitative services; pro-
viding for license fee and applying proceeds to operation of
program; providing for rule making power and establishment









16 JOURNAL OF THE HOUSE

By Representative Glisson-
HB 183-A bill to be entitled An act relating to district
school systems; amending 235.16 and 235.18, Florida Stat-
utes, to provide that recommendations made by the department
of education concerning a district school board's school plant
program shall not be binding on the board and that approval
of the board's capital outlay program by the department shall
not be withheld on the basis of disagreement over priority of
needs; amending 236.074(4) (b), Florida Statutes, as amended
by 7 of chapter 70-94 and 7 of chapter 70-399, Laws of
Florida, to provide that priority of needs for which funds of
the school construction fund are to be used shall be determined
by the district school board; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Firestone-
HB 184-A bill to be entitled An act relating to state offi-
cers; creating a state officers' compensation commission; pro-
viding for the organization, powers, and duties of the commis-
sion; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Shaw-
HB 185-A bill to be entitled An act relating to barbers;
repealing paragraph (c) of subsection (1) of section 476.061,
Florida Statutes, relating to college requirements for certifi-
cation as a teacher of barbering; providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Tyrrell-
HB 186-A bill to be entitled An act relating to weapons and
firearms; adding a new subsection (2) to 790.25, Florida
Statutes, to provide that a Florida resident may purchase a
rifle or shotgun in a state contiguous to Florida and may trans-
port such firearm into Florida in compliance with federal law;
providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Tyrrell-
HB 187-A bill to be entitled An act relating to gasoline and
oil inspection; amending section 525.07, Florida Statutes, to
make it unlawful to break, cut, or remove the inspector's seal
placed on gasoline or kerosene measuring containers; provid-
ing effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Tyrrell-
HB 188-A bill to be entitled An act relating to brake fluid;
amending Section 526.53 (2), Florida Statutes, providing for
impounding unregistered brake fluid; providing effective date.
--was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Tyrrell--
HB 189-A bill to be entitled An act relating to gasoline and
oil inspection; amending chapter 525, Florida Statutes, to pro-
vide injunction against violations of law and rules; providing
effective date.
--was read the first time by title and referred to the
Committee on Business Regulation.



I



By Representative Tyrrell-
HB 190-A bill to be entitled An act relating to gasoline and
oil inspection; amending section 525.17, Florida Statutes, to



E OF REPRESENTATIVES April 6, 1971

remove the mandatory provision that imprisonment be served
in the state prison; providing effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative A. S. Robinson-
HB 191-A bill to be entitled An act amending section 403.-
061 (25), Florida Statutes, to authorize the Florida Air and
Water Pollution Control Commission to adopt, modify, and
repeal rules governing the sale and use of phosphorus and poly-
phosphates in detergents; providing that no rule prohibiting
the sale or use of detergents containing phosphorus or poly-
phoshaphates shall become effective before December 31. 1972.
-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.

By Representatives MacKay and Ogden-
HB 192-A bill to be entitled An act relating to ad valorem
taxes; amending section 193.122(1), Florida Statutes, providing
certification of tax rolls; repealing section 194.033, Florida
Statutes, providing review of assessment by arbitration; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Murphy-
HB 193-A bill to be entitled An act relating to municipal
and cooperative electric utilities; adding a new section 366.11
exempting territorial agreements and disputes between such
utilities from certain exemptions of section 366.11; empowering
the Florida public service commission to prescribe service areas
lying outside municipal limits; preserving present service areas
within and without the limits of municipalities; prescribing
application fees for proceedings to approve service area agree-
ments; authorizing the commission to adopt rules and regula-
tions, and providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representative Murphy-
HB 194-A bill to be entitled An act relating to published
reports of state agencies and offices; providing standards for
such reports; limiting the use of drawings and photographs;
providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Whitson-
HB 195-A bill to be entitled An act relating to child sup-
port payments; amending 61.14(1) and 742.041, Florida Stat-
utes, authorizing the termination or decrease of payments made
for child support resulting from divorce or bastardy proceed-
ings when the court determines that the child has been adjudi-
cated a delinquent, or has been arrested for or convicted of a
felony or misdemeanor, or determined to be incorrigible; pro-
viding an effective date.
--was read the first time by title and referred to the
Committee on Judiciary.

By Representative Grizzle-
HM 196-A memorial requesting the Congress of the United
States to propose an amendment to Section 1 of the Fourteenth
Amendment of the Constitution of the United States relating
to due process of law.
-was read the first time by title and referred to the
Committee on Judiciary.



By Representative Grizzle-
HM 197-A memorial requesting the Congress of the United
States to propose an amendment to the Fourth Amendment of









JOURNAL OF THE HOUSE OF REPRESENTATIVES



the Constitution of the United States relating to federal juris-
diction over state court decisions of cases dealing with search
and seizure.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Grizzle-
HM 198-A memorial requesting the Congress of the United
States to propose an amendment to the Sixth Amendment of
the Constitution of the United States relating to federal juris-
diction over state court decisions of cases relating to criminal
proceedings.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Grizzle-
HM 199-A memorial requesting the Congress of the United
States to propose an amendment to the Eighth Amendment of
the Constitution of the United States relating to federal juris-
diction over state court decisions relating to excessive bail or
cruel and unusual punishment.
--was read the first time by title and referred to the
Committee on Judiciary.

By Representative Kershaw-
HB 200-A bill to be entitled An act relating to the treat-
ment and rehabilitation of drug dependents; assessing certain
court costs to fund the establishment of a sanatorium by the
department of health and rehabilitative services; providing an
effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Finance & Taxation.

HB 201-Withdrawn

By Representative Cherry-
HM 202-A memorial to the President of the United States
expressing the concern of the legislature over American pris-
oners of war in Indochina.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Hartnett-
HJR 203-A joint resolution proposing an amendment to
Section 5 of Article VI of the State Constitution to provide
that primary elections be held on Saturdays.
-was read the first time and referred to the Committee on
Elections.

THE SPEAKER PRO TEMPORE IN THE CHAIR

By Representative Hartnett-
H JR 204-A joint resolution proposing an amendment to
Section 5 of Article VI of the State Constitution, to provide
that primary elections be held on Sundays.
-was read the first time and referred to the Committee on
Elections.

By Representative Baumgartner-
HB 205-A bill to be entitled An act relating to county and
municipal services; implementing Section 9(b), Article VII
and Section l(h), Article VIII of the State Constitution relat-
ing to assessment of ad valorem taxes and the rendering of
services by counties and municipalities; defining certain terms
used therein; repealing 200.141, Florida Statutes, which pro-
vides village limitations with respect to consolidated city-
county governments; providing an effective date.



-was read the first time by title and referred to the
Committee on Finance & Taxation.



By Representatives Baumgartner and Fleece-
HB 206-A bill to be entitled An act relating to state,
county and municipal employees; amending chapter 112, Florida
Statutes, by adding part VI; providing right of such public
employees to organize and bargain collectively as to terms
and conditions of their employment; creating and providing
administration by the public employment relations commission
within the department of administration; creating a public
employment advisory council; defining rights of public employ-
ers and employees; providing for payroll deductions of dues;
providing procedures for the registration, election, and certifi-
cation of employee organizations as bargaining agents; provid-
ing fees; requiring and providing procedures for collective
bargaining; providing grievance procedures; providing for medi-
ation and fact-finding, if necessary; establishing unfair labor
practices by employers and employee organizations; providing
procedures for filing charges of unfair labor practices with
the board; providing remedies; defining and prohibiting strives
by public employees; providing other unlawful acts; providing
penalties, including injunctive relief; providing for effect and
annlieation on merit or civil service systems; authorizing
political subdivisions to adopt ordinances or resolutions in lieu
of the requirements of said part; amending section 230.22(1),
Florida Statutes; repealing section 839.221, Florida Statutes,
and chapters 67-900 and 69-665, Laws of Florida; providing an
effective date.
-was read the first time by title and referred to the
Committees on Manpower & Development and Appropriations.

By Representative A. S. Robinson-
HB 207-A bill to be entitled An act relating to motor
vehicles; amending 320.08(2)(a), Florida Statutes, removing
specific requirement of mechanical inspection of motor vehicles
entitled to an "antique automobile" license plate; providing an
effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Wolfson-
HB 208-A bill to be entitled An act relating to public build-
ings; handicapped persons; amending 255.21, Florida Statutes,
requiring all new public buildings to incorporate facilities for
physically handicapped persons; providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.
By Representative Glisson--
HB 209-A bill to be entitled An act relating to oil spill
prevention; amending subsection (9) of section 3 of chapter
70-244, Laws of Florida, appearing as 376.031(9), Florida
Statutes, 1970 Supplement, to exempt from regulations of oil
spill prevention and pollution control act terminal facilities
having no more than twelve hundred (1200) gallons of pollu-
tants on the premises; providing an effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.
By Representative H. W. Matthews-
HB 210-A bill to be entitled An act relating to drug abuse;
adding a new subsection 398.02(17), amending section 398.03,
adding a new subsection 398.08(4), amending section 398.13,
adding new subsections 398.22(2) and (3), adding new sub-
sections 404.02(14) and (15), amending section 404.04, adding
new subsections 404.15(6) and (7), creating section 404.16, all
Florida Statutes; providing that the pushing of drugs is a
prohibited act, defining the same and providing a penalty
therefore; providing that the transporting of certain drugs into
the state for the purpose of pushing them is a prohibited act
and providing a penalty therefore; providing that no suspended
or deferred sentence, probation or parole may be granted with
respect to either prohibited act; providing that physicians may
in certain instances treat minors and other legally disabled
persons who have drug-related problems without being required
to obtain the consent of parents or other persons; providing an
effective date.



-was read the first time by title and referred to the
Committee on Criminal Justice.



17



April 6, 1971









18 JOURNAL OF THE HOUSE

By Representative Craig-
HB 211-A bill to be entitled An act relating to the Florida
highway patrol; adding a new subsection (2) to 321.04, Florida
Statutes, and renumbering subsections (2) and (3) as (3) and
(4); providing a rating system for personnel of the highway
patrol below the rank of corporal; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Craig-
HB 212-A bill to be entitled An act relating to an official
state play; designating the "Cross and Sword" pageant of St.
Augustine as the official play of this State; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

By Representatives Craig and J. R. Clark-
HB 213-A bill to be entitled An act relating to daylight
saving time; exempting the State of Florida and its political
subdivisions from the operation of 15 U.S.C.A. 260a, which
establishes a uniform time for an advance to daylight saving
time.
-was read the first. time by title and referred to the
Committee on General Legislation.

By Representative Craig-
HB 214-A bill to be entitled An act relating to ad valorem
taxation; amending section 197.071, (former section 193.50)
Florida Statutes, to eliminate the provisions for installment
payments; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Gallen-
HM 215-A memorial to the Congress of the United States
requesting a constitutional convention for the purpose of
proposing, or the proposal by Congress, of Amendment XXVI
to the United States Constitution to prohibit certain govern-
ment activity in competition with private enterprise to repeal
Amendment XVI, and to prohibit federal income, estate, and
gift taxes.
-was read the first time by title and referred to the
Committees on General Legislation and Finance & Taxation.

HB 216-Withdrawn

By Representative Reeves-
HB 217-A bill to be entitled An act relating to motor
vehicle licenses; amending section 320.10, Florida Statutes,
to authorize the issuance of "X" series exempt license plates
for vehicles of the Waterfront Rescue Mission, Inc.; providing
an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Finance & Taxation.

By Representative Reeves--
HB 218-A bill to be entitled An act relating to periodic
reexamination of drivers; amending section 322.121(5), Florida
Statutes, to exempt certain licensees who are otherwise sub-
ject to a required medical examination from such reexamina-
tion; providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Reeves--



HB 219-A bill to be entitled An act relating to ambulances;
amending section 877.07(1), Florida Statutes, providing an
exception from certain requirements for employees who share
the operation and maintenance expenses of a privately owned
ambulance; providing an effective date.



'E



SOF REPRESENT TATIVES April 6, 1971

-was read the first time by title and referred to the
Committee on Transportation.

By Representative Reeves-
HB 220-A bill to be entitled An act relating to county
ordinances; amending 125.68(1), Florida Statutes, to provide
for the department of state to develop a uniform numbering
system, assign numbers and maintain an index of county
ordinances; removing duty of counties to codify and publish
ordinances; providing for the furnishing of copies to each
county; providing fees; making an appropriation; providing
an effective date.
-was read the first time by title and referred to the
Committees on Community Affairs and Appropriations.

By Representative Zinkil-
HB 221-A bill to be entitled An act relating to fraudulent
practices; amending section 817.52(3),(5), and (6), Florida
Statutes, changing the offense of failure to redeliver a hired
vehicle from a misdemeanor to a felony and increasing the
penalty therefore; adding trucks and trailers to vehicles subject
to the offense; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Cherry-
HB 222-A bill to be entitled An act relating to motorboats;
creating 371.661, Florida Statutes, to require motorboat
operators to be licensed by the department of natural re-
sources; providing for fees; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representative Cherry-
HB 223-A bill to be entitled An act relating to punishment
for capital offenses, death penalty; amending 779.07, 782.04
(1), 790.16(1), 790.161, 794.01, 805.02, and 921.141 (formerly
919.23), Florida Statutes, to reduce all death penalty sentences
to imprisonment for a term of years or life; repealing
790.16(3) and (4), Florida Statutes, relating to jury recom-
mendations to mercy to conform to these changes; providing
an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Reeves-
HB 224-A bill to be entitled An act relating to state offi-
cers and employees, legislative session; prohibiting certain ac-
tivities relating to the passage or defeat of any proposed
legislation; providing an exception; providing for disciplinary
action; providing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Reeves-
HB 225-A bill to be entitled An act relating to public print-
ing; amending 283.03 and 287.102, Florida Statutes; providing
that state printing contracts shall be awarded to in-state print-
ing concerns unless a bid from an out-of-state concern is
superior as to price, quality and service; providing an effective
date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representatives Sackett and Hazelton-
HB 226-A bill to be entitled An act relating to the division
of corrections of the department of health and rehabilitative



services, regulation of prisoners; amending section 945.21,
Florida Statutes, by adding a new subsection (2) to require
the division to promulgate regulations to permit outside activi-
ties on the part of certain prisoners to aid in their rehabilitation;
providing an effective date.









JOURNAL OF THE HOUSE]



-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Sackett-
HB 227-A bill to be entitled An act relating to marriage
licenses; amending section 741.051, Florida Statutes, requiring
a standard test for German measles and the administering of
vaccine in certain cases before issuance of marriage licenses;
providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representatives Powell and Wilson-
HB 228-A bill to be entitled An act relating to tax on sales,
use, and other transactions; repealing 212.12(1), Florida Stat-
utes, to remove the dealer's credit for collecting tax; providing
an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative A. S. Robinson-
HB 229-A bill to be entitled An act relating to the depart-
ment of natural resources; making the import, sale, or release
of certain exotic salt water species illegal without a permit;
providing exception; providing penalties; providing an effective
date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Firestone-
HB 230-A bill to be entitled An act relating to motor ve-
hicle license plate taxes; amending .320.10, Florida Statutes, to
provide an exemption from payment for motor buses operated
by agencies of county and municipal government; providing an
effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and Ap-
propriations.

By Representatives Conway, Gibson, Sykes, and A. S. Robin-
son-
HB 231-A bill to be entitled An act relating to transporta-
tion; directing the department of transportation to develop a
plan to meet the need of the state for a balanced transportation
system and to determine the routes of public transportation
facilities between designated population centers, with conflicting
condemnations prohibited; declaring legislative intent for maxi-
mum use of limited access corridors; authorizing use of state
roads trust funds and use of designated consultants; providing
an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representative Zinkil-
HB 232-A bill to be entitled An act relating to jurors
and jury lists; amending sections 40.06 and 40.11, Florida
Statutes, relating to transcription, preservation and certifi-
cation of jury lists by permitting use of electronic data process-
ing equipment; amending section 40.23, Florida Statutes, re-
lating to summoning of petit jurors, by providing that such
summoning be done by the jury commissioner in counties using
data processing equipment; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative McDonald--



HB 233-A bill to be entitled An act relating to the state
university system; creating 240.048, Florida Statutes, to pro-
hibit suspension of classes without prior approval of board
of regents; providing for suspension of institutional personnel
for violations; providing for investigation and penalties; re-
quiring state universities to be kept in operation; prohibiting



April 6, 1971



By Representatives Poole, Hazelton, and Thomas-
HB 241-A bill to be entitled An act relating to motorcycles;
creating 317.983, Florida Statutes, to require that motorcycle
headlights be turned on while such vehicle is operated on the
public streets or highways; providing an effective date.



E OF REPRESENTATIVES 19

dismissal of classes on account of riots, protests or other
disrupting demands; providing for suspension of board member
for violation; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Featherstone-
HB 234-A bill to be entitled An act relating to taxation;
amending 196.081, Florida Statutes; providing a tax exemption
for service connected totally and permanently disabled veter-
ans; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Zinkil-
HB 235-A bill to be entitled An act relating to distribution
of racing funds; amending 550.13(1), Florida Statutes, and
adding subsection (4) to said section to provide that any excess
of revenues otherwise payable to the counties over the amount
so paid during the 1970 racing year shall be paid to the general
revenue fund; providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

By Representatives Nichols and Johnson-
HB 236-A bill to be entitled An act relating to pornographic
matter, amending Chapter 847, Florida Statutes, by adding
Section 847.07 prohibiting distribution to minors within the
state; providing a penalty; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Fortune-
HB 237-A bill to be entitled An act relating to state em-
ployees; amending chapter 70-249, Laws of Florida, appearing
as 272.161, Florida Statutes, 1970 Supplement; directing the
department of general services to rent reserved parking spaces
to state employees and providing exceptions; providing an
effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

HB 238-Withdrawn

By Representative Glisson-
HB 239-A bill to be entitled An act relating to county
officials; providing that certain county officials be put on a
budget system to provide compensation and expenses for the
operation of their offices; providing budgeting procedures;
abolishing the fee system for all such officials, including con-
stables and justices of the peace; providing an effective date.
-was read the first time by title and referred to the
Committees on Community Affairs and Appropriations.

By Representative McDonald-
HB 240-A bill to be entitled An act relating to state uni-
versities; creating 239.583, Florida Statutes; providing for the
expulsion of any student convicted under specified state laws
generally proscribing riots, criminal anarchy, arson, interfer-
ence with educational institutions, and other related offenses;
providing an effective date.
-was read the first time by title and referred to the
Committee on Education.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the
Committee on Transportation.

By Representative Reeves-
HB 242-A bill to be entitled An act relating to obscene
literature; creating 847.07, Florida Statutes; restricting the
display by news dealers or other vendors of materials subject
to the provisions of 847.012, Florida Statutes; making violation
a misdemeanor; providing an effective date.

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

By Representative Fleece-
HB 243-A bill to be entitled An act relating to municipal
zoning; amending chapter 176, Florida Statutes; providing that
boards of adjustment shall file reports of proceedings with
governing bodies of municipalities; providing for filing of re-
ports by governing bodies of municipalities; providing pro-
cedures for review; providing procedures for judicial review;
repealing sections 176.16, 176.17, 176.18, 176.19, 176.20 and
176.21, Florida Statutes (1969); adding sections 176.161, 176.-
171, and 176.181; providing an effective date.

-was read the first time by title and referred to the
Committee on Community Affairs.

By Representative Gustafson-
HB 244-A bill to be entitled An act relating to the t hft
of motor vehicles, aircraft, boats or boat motors; amending
chapter 814, Florida Statutes, to include within the "Florida
auto theft statute" the theft of aircraft, boats or boat motors;
giving definitions; redefining and establishing the crimes of
aircraft theft, boat theft and boat motor theft and the theft
of parts or components of aircraft, boats and boat motors; rede-
fining and establishing unauthorized use of aircraft or boat;
redefining and establishing the crime of possession of a stolen
aircraft, boat or boat motor or knowingly occupying a stolen
aircraft or boat; providing penalties therefore; requiring the
revocation of driver's license of a person convicted of aircraft
theft, boat theft or theft of boat motor under this chapter; es-
tablishes prima facie evidence of intent to deprive the owner of
his property in the theft of an aircraft, boat or boat motor;
amends subsection 811.21(1), Florida Statutes, to exclude air-
craft or boats therefrom; providing an effective date.

-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Hector-
HB 245-A bill to be entitled An act relating to occupational
license taxes; creating 205.042, Florida Statutes, providing for
the issuance of countywide municipal occupational licenses;
providing for their sale by the county tax collector; estab-
lishing fees to be charged; providing for the distribution to
the municipalities of proceeds received on a formula basis and
for revision of such formula; providing for the validity require-
ments of such license within municipalities; providing for
delinquency penalties and half-year fees; providing that power
to collect license fees based on gross receipts shall not be
affected; providing for protection for pledged license fees for
bond issues; providing an effective date.
-was read the first time by title and referred to the
Committees on Community Affairs and Finance & Taxation.

By Representatives Redman and Lancaster--
HB 246-A bill to be entitled An act relating to writs of
garnishment; amending 222.11 and 222.12, Florida Statutes;
prescribing when and under what conditions writs of garnish-
ment may issue; defining terms; establishing rates of with-
holding; providing limitations; amending 77.01, Florida Stat-
utes; providing that the state or any public body thereof shall
be subject to garnishment; providing an effective date.



-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.



By Representative Renick-
HB 247-A bill to be entitled An act relating to the state
nickname; creating 15.035, Florida Statutes, to designate the
official nickname of the state; providing an effective date.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Gillespie-
HB 248-A bill to be entitled An act relating to animal exhi-
bitions; repealing 548.031 and 828.12(2), Florida Statutes,
as created by chapter 70-50, Laws of Florida, to remove the
exceptions which permit bloodless bullfighting and other animal
exhibitions; providing an effective date.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Gillespie-
HB 249-A bill to be entitled An act relating to fiduciaries;
amending chapter 518, Florida Statutes, by adding section
518.112; requiring fiduciaries to maintain fiduciary funds in
a bank or savings and loan association in an account separate
and apart from accounts used for other purposes; providing
an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Gibson, H. W. Matthews, and Milburn-
HB 250-A bill to be entitled An act relating to homestead
tax exemption; adding subsections (3) and (4) to 196.031,
Florida Statutes, providing for ten thousand dollar ($10,000)
exemptions for persons resident for at least the five (5) pre-
ceding years in Florida who are sixty-five (65) years of age
and older or who are totally disabled.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative McDonald-
HB 251-A bill to be entitled An act relating to crime and
criminal penalties; amending sections 822.0, 822. 02 and 822.03,
Florida Statutes, to prohibit injury to property by any means;
providing for increased penalties; repealing section 822.04,
Florida Statutes, relating to injuring dwelling houses, churches,
and other buildings; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative McDonald-
HB 252-A bill to be entitled An act relating to crime and
criminal penalties; amending sections 870.01(2), 870.02, and
870.06, Florida Statutes, to increase penalties for affrays and
riots, unlawful assemblies, and unauthorized military organiza-
tions and to further define and restrict such organizations;
providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative McDonald-
HB 253-A bill to be entitled An act relating to crime and
criminal penalties; amending section 811.03, Florida Statutes,
to increase penalties; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative McDonald-
HB 254--A bill to be entitled An act relating to crime and
criminal penalties; amending section 823.03, Florida Statutes,
to increase penalties for false fire alarms; providing an effec-
tive date.



-was read the first time by title and referred to the
Committee on Criminal Justice.



20



April 6, 1971









JOURNAL OF THE HOUSE



By Representative McDonald-
HB 255-A bill to be entitled An act relating to crime and
criminal penalties; amending section 806.09, Florida Statutes,
to prohibit certain acts which inhibit fighting of fires; repeal-
ing section 806.10, Florida Statutes, relating to preventing or
obstructing extinguishment of fire, which is consolidated into
section 806.09, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative McDonald-
HB 256-A bill to be entitled An act relating to crime and
criminal penalties; amending sections 843.01 and 843.06, Flor-
ida Statutes, relating to resisting or refusing to aid peace offi-
cers, to redefine officers and peace officers; increasing penal-
ties; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Ogden-
HB 257-A bill to be entitled An act relating to reimburse-
ment of Senior Citizens for property tax burdens; provides an
effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Ogden-
HB 258-A bill to be entitled An act relating to the distri-
bution of racing funds derived from conducting charity days
of racing in Duval and Clay Counties; amending 550.03(3),
Florida Statutes, to designate a portion of those proceeds for
the Florida Junior College at Jacksonville; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on Education and Finance & Taxation.

By Representatives Earle, Poorbaugh, H. W. Matthews,
Mooney, Moudry, Gorman, Miers, and A. S. Robinson-
HM 259-A memorial to the Congress of the United States
requesting that Congress propose a moratorium on the con-
struction of the Cross Florida Barge Canal until such time as
a thorough investigation has been completed.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Culbreath-
HB 260-A bill to be entitled An act relating to taxation on
cigarettes; amending 210.02 and 210.20(2)(c), Florida Stat-
utes; increasing the cigarette tax by one cent (10) per pack-
age; providing that the added revenues attributable to collec-
tions in the respective counties shall be paid to the counties
and, by operation of the existing portions of the statute, that
the increased revenues attributable to collections in the munic-
ipalities shall be available for taxation by and payment to the
municipalities; providing an effective date.
--was read the first time by title and referred to the
Committees on Community Affairs and Finance & Taxation.

By Representative Forbes-
HB 261-A bill to be entitled An act relating to courts;
conferring upon the circuit courts of this state concurrent juris-
diction to try noncapital felony cases in all counties in which
trial jurisdiction of noncapital felonies has been vested in a
criminal court of record or other court established by the legis-
lature; providing for the manner of exercise of such jurisdic-
tion; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.



HB 262-Withdrawn



April 6, 1971



HB 269-A bill to be entitled An act relating to the division
of recreation and parks, department of natural resources;
authorizing development of Ichetucknee Springs state park in
Columbia and Suwannee Counties by the division; providing an
appropriation; providing an effective date.



OF REPRESENTATIVES 21

By Representative Grainger-
HB 263-A bill to be entitled An act relating to motor vehi-
cles; amending paragraph (d) of subsection (2) of 322.27,
Florida Statutes, as amended by chapter 70-115, Laws of Flor-
ida, and adding subsection (5) to said section, raising the
points assessed for unlawful speeding violations detected by
certain means; providing for surrender of licenses by speeders
if upon later conviction the number of points for suspension
will be reached; providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representatives Grainger and Johnson-
HB 264-A bill to be entitled An act relating to regulation
of traffic; amending 186.9930(1) and 317.631, Florida Stat-
utes, to provide that motorcycles shall be held to the same
noise level standards as passenger automobiles; providing an
effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Martinez-
HB 265-A bill to be entitled An act relating to attorney
fees for court appointed attorneys in criminal trials; amending
27.53(2), Florida Statutes, and 909.21(2), Florida Statutes,
as amended by 70, chapter 70-339, Laws of Florida, and
appearing as 925.035(1) and (2), Florida Statutes, 1970 Sup-
plement; establishing the amount of legal fees to be paid to
court appointed defense attorneys in capital and noncapital
criminal cases; providing for the payment of the cost of the
investigation and preparation of the case for trial; requiring
that all such fees, costs and other expenses be paid out of
the general fund of the county in which the indictment was
returned; providing an effective date.
-was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.

By Representative Hodes-
HB 266-A bill to be entitled An act relating to gifted child
education programs; creating a council on gifted child educa-
tion; providing for the membership, duties, and functions of
the council; providing for the award of scholarships to certain
persons for gifted child education programs; providing qualifi-
cations for persons who receive such scholarships; providing a
method of repayment for scholarship holders; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.
By Representative Hodes-
HB 267-A bill to be entitled An act relating to the mini-
mum foundation program for public schools; providing fifty
(50) additional exceptional child instruction units for gifted
children; appropriating funds for such units for a three (3)
year period; providing for administration by the department
of education; providing an effective date.
--was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Hodes-
HB 268-A bill to be entitled An act relating to the depart-
ment of education; providing for the addition of an educational
consultant for the gifted to the division of elementary and
secondary education; providing an appropriation for the salary
and expenses of said consultant; providing an effective date.
---as read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Lancaster-









22 JOURNAL OF THE HOUSE

-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Lancaster-
HB 270-A bill to be entitled An act relating to oyster
resources; making an appropriation to the department of nat-
ural resources to be used for the rehabilitation of oyster
resources in Dixie and Levy Counties; providing an effective
date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Lancaster-
HB 271-A bill to be entitled An act relating to daylight
saving time; exempting the state and its political subdivisions
from the operation of 15 U.S.C.A. 260a, which establishes a
uniform time for an advance to daylight saving time; providing
an effective date.
-was read the first time by title and referred to the
Committee on General Legislation.

HB 272-Withdrawn

By Representative Conway-
HB 273-A bill to be entitled An act relating to legislative
apportionment; providing that the required joint resolution of
apportionment shall provide for separate and distinct districts
each represented by one (1) senator and a multiple number of
representatives; providing an effective date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representative Conway-
HB 274-A bill to be entitled An act relating to legislative
reapportionment; amending 10.001, Florida Statutes; providing
for the number of members of the Florida legislature for the
purpose of the 1972 elections; providing an effective date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representatives Fleece and Hodes-
HB 275-A bill to be entitled An act relating to abortion;
defining consent abortion, necessity abortion and other terms;
defining unlawful abortion; providing for abortions to be per-
formed under certain conditions; providing for consent, phy-
sician's certification and hospital participation; providing pen-
alties for false certificates and affidavits; providing penalties;
prohibiting pretended or fraudulent abortions and providing
penalties therefore; repealing sections 782.10 and 797.01. Florida
Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representatives Zinkil and Trombetta--
HB 276-A bill to be entitled An act relating to automobile
liability insurance; amending 627.0851(1), Florida Statutes,
relating to uninsured motorist coverage, to provide that such
coverage shall be in an amount of up to one hundred percent
(100%) of the liability insurance purchased by the insured;
adding provisions with respect to such coverage on leased vehi-
cles; adding provisions with respect to such coverage and bene-
fits payable under workmen's compensation or similar benefits;
providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Powell--



HB 277-A bill to be entitled An act relating to county road
departments; amending 335.041, Florida Statutes; providing
for the establishment of county road departments; providing
for administration and obligation locally of the gasoline tax
funds accruing to the department of transportation for expendi-



i]



cial responsibility law; amending chapter 324, Florida Stat-
utes; providing that the financial responsibility law shall be
administered by the department of highway safety and motor
vehicles; providing that all powers, duties, functions, records,
personnel, appropriations and property of the state insurance
commissioner and treasurer relating to the administration of
the financial responsibility law are transferred to the depart-
ment of highway safety and motor vehicles; providing an
effective date.



E OF REPRESENTATIVES April 6, 1971

ture in counties; providing standards of qualification for
county road departments; granting counties the power to obli-
gate gasoline tax funds under contract and in performance of
specified state road and bridge functions; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and Ap-
propriations.

By Representative Poorbaugh-
HB 278-A bill to be entitled An act relating to wildlife
game management areas; amending 372.57(6),(7),(8),(9) and
(12), Florida Statutes, to increase certain hunting license fees,
and creating a three (3) day county of residence license;
amending 372.12, Florida Statutes, to provide for the distribu-
tion of the proceeds of such increased license fees for the fund-
ing of the purchase and leasing of land for hunting areas and
other outdoor recreation purposes; amending 372.09, Florida
Statutes, relating to the state game trust fund to conform to
this act; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources, Finance & Taxation, and Ap-
propriations.

By Representative Poorbaugh-
HB 279-A bill to be entitled An act relating to retirement;
amending l(3)(b) of chapter 70-112, Laws of Florida, appear-
ing as 121.011(3)(b), Florida Statutes, 1970, providing that
an employee of a municipality, the functions of whom have
been taken over by a county, who thereby becomes a county
employee, may choose to continue to be a member of the munic-
ipal retirement system in which case he will not be eligible
to become a member of the Florida retirement system; prohib-
iting a county from increasing such an employee's pension
contribution above the amount deducted by the municipality;
authorizing the county to pay an amount into the municipal
retirement system equal to the sum previously paid by the
municipality; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Fortune-
HB 280-A bill to be entitled An act relating to public,build-
ings; requiring fallout protection in buildings constructed in
whole or in part with public funds, including schools; provid-
ing exceptions; providing for standards and for compliance by
certain agencies; providing authority to participate in federal
assistance programs; providing applicability; repealing subsec-
tion (4) of section 235.26 and section 255.042, Florida Statutes;
providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representatives Earle and Hazelton-
HB 281-A bill to be entitled An act relating to speedy
trial; creating 915.04, Florida Statutes, to provide that a
"term of court" means that period of time encompassed by a
term of court of the circuit court within whose jurisdiction
the trial court is situated; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Singleton and Gustafson-
HB 282-A bill to be entitled An act relating to the finan-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Martinez-
HB 283-A bill to be entitled An act relating to public offi-
cers; defining "public officer"; requiring quarterly reports of
contributions and expenditures while in office; providing a
penalty; providing an effective date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representative Martinez-
HB 284-A bill to be entitled An act relating to elections;
amending 99.012(1), Florida Statutes, as amended by chapter
70-80, Laws of Florida, providing that no individual shall seek
two (2) offices at the same time; adding subsection (6) to
99.061, Florida Statutes, as amended by chapters 70-42 and
70-93, Laws of Florida, providing that any person who with-
draws his candidacy may requalify or quality for another office
by a certain date; creating 99.013, Florida Statutes, to provide
that an individual may not qualify as a candidate for a state
or county office if he will be seventy (70) years of age on
the date the term of office begins; prohibiting the appointment
of an individual who is seventy (70) years of age to fill a
vacancy in an elective state or county office; amending 99.161-
(2)(e), Florida Statutes, as redesignated by chapter 70-133,
Laws of Florida, to delete the prohibition against renting office
facilities prior to the qualification of a candidate; creating
102.152, Florida Statutes, providing that where a mistake is
found in canvass of elections the canvassing board may recon-
vene to correct its mistake within a certain period of time;
amending 102.166(3), Florida Statutes, requiring a protest
alleging error to be filed with the county canvassing board
prior to the time it adjourns; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Martinez-
HB 285-A bill to be entitled An act relating to elections;
creating 99.175, Florida Statutes, prescribing the time for
presentment of claims for expenses to candidates; prescribing
the time for payment of claims; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Martinez-
HB 286-A bill to be entitled An act relating to elections;
amending 101.34, Florida Statutes, requiring the supervisor of
elections to establish security procedures for all voting ma-
chines; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

THE SPEAKER IN THE CHAIR

Presentation of St. Petersburg Times Award

On motion by Mr. Savage, the rules were waived and the
Speaker appointed Representatives Savage, Grizzle, and Fleece
as a committee to escort Mr. Sanford Stiles of the St. Peters-
burg Times to the rostrum.

On motion by Mr. Dubbin, the Speaker appointed Repre-
sentatives Dubbin, Firestone, and Wolfson as a committee to
escort Representative Harris to the rostrum.

On behalf of the St. Petersburg Times and those legislative
correspondents and newspaper editors who participated in its
poll, the Speaker presented Representative Harris a plaque
symbolizing his selection as the "Most Valuable Member" of
the 1970 House, as judged on the basis of outstanding service



to the people of Florida. Mr. Stiles told the House The Times
hoped by its annual award to promote better government.



Continuation of Introduction and Reference

By Representative Martinez-
HB 287-A bill to be entitled An act relating to elections;
requiring counties with voting machines and which have elec-
tronic data processing equipment to employ automation in the
processing of registration data; permitting counties with vot-
ing machines and which have no electronic data processing
equipment to contract for the use of said equipment for the
purpose of processing registration data; providing an effective
date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Martinez-
HB 288-A bill to be entitled An act relating to elected
public officers; defining "public officer"; requiring such offi-
cers to deposit all funds received for a public purpose in appro-
priate public treasuries; excluding political campaign contri-
butions; providing a penalty; providing an effective date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representative Martinez-
HB 289-A bill to be entitled An act relating to elections;
amending 98.051(1), Florida Statutes, increasing the night-
time hours during which the supervisor may keep offices open
for registration purposes; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Ogden-
HB 290-A bill to be entitled An act relating to gasoline
taxes; amending 206.43(1), Florida Statutes, as created by
chapter 70-995, Laws of Florida, eliminating the distributor's
allowance on account of services and expenses; providing an
effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Ogden-
HB 291-A bill to be entitled An act relating to tax on motor
fuels; repealing 206.29, 206.30, 206.31, 206.32, 206.33, 206.-
34, 206.35, 206.36, 206.37, 206.38, 206.39 and 206.40, Florida
Statutes, 1970 Supplement, Addendum, as created by chapter
70-995, Laws of Florida, relating tothe exemption of city
transit systems from taxes on gasoline and other motor fuels;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and Ap-
propriations.

By Representative Sackett-
HB 292-A bill to be entitled An act relating to political
advertising signs; declaring such signs nuisances when posted
on public or public utility property; authorizing counties and
municipalities to charge a fee for removal of such signs; pro-
viding for the posting of a bond; providing an exemption;
providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Miers-
HB 293-A bill to be entitled An act for relief of Joseph
Michael Brown providing an appropriation to compensate him
for damages sustained as a result of the negligence of Depart-
ment of Transportation providing an effective date.



-was read the first time by title and referred to the
Committee on Claims.



23



April 6, 1971









24 JOURNAL OF THE HOUSE

THE SPEAKER PRO TEMPORE IN THE CHAIR

By Representative Miers-
HB 294-A bill to be entitled An act relating to the Union
Bank Building; authorizing the division of archives, history
and records management of the department of state to accept
said building for the State of Florida; providing for its re-
moval to a suitable location in Leon County and for its
restoration and preservation; providing an appropriation there-
for; providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

By Representatives Craig and Fulford-
HB 295-A bill to be entitled An act relating to taxes on
gasoline; creating 213.11, Florida Statutes, requiring the de-
partment of revenue to pay two percent (2%) of all revenue
collected under the first gasoline tax imposed by chapter 206,
Florida Statutes, as created by chapter 70-995, Laws of Florida,
to the game and fresh water fish commission or other agency
charged with controlling noxious aquatic vegetation; requiring
that such funds be used in the control, eradication and research
of water hyacinth and noxious aquatic vegetation; amending
206.45(1), Florida Statutes, 1970 Supplement, Addendum, as
created by chapter 70-995, Laws of Florida, to conform to this
act; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources, Finance & Taxation, and
Appropriations.

By Representative Craig-
HB 296-A bill to be entitled An act relating to the protec-
tion of marine turtle eggs in all counties having a population
of not less than thirty thousand five hundred (30,500) and
not more than thirty-two thousand (32,000) according to the
latest official decennial census; providing for the taking of
turtle eggs on certain days for personal use only in such
counties; providing an effective date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Baumgartner-
HB 297-A bill to be entitled An act relating to judgments;
amending 55.03, Florida Statutes, by increasing the interest
rate on all judgments and decrees to ten percent (10%) per
year; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Baumgartner-
HB 298-A bill to be entitled An act relating to hypodermic
needles; providing that hypodermic needles be sold only on
prescription of physician, surgeon, dentist, or veterinary sur-
geon licensed to practice in the state; providing that such pre-
scription be filled only once; excluding wholesale sales by
manufacturers and sales to licensed practitioners or medical
institutions from the provision of this act; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Murphy-
HB 299-A bill to be entitled An act for relief of Thomas
C. Griffith; providing for an appropriation to compensate him
for damages to his motor vehicle sustained as a result of the
negligence of the Florida state road department; providing an
effective date.
-was read the first time by title and referred to the
Committee on Claims.



E



By Representative Murphy-
HB 300-A bill to be entitled An act relating to the Florida
public service commission; amending section 350,01, Florida



OF REPRESENTATIVES April 6, 1971

Statutes, to provide for the appointment of and increase in
number of the Commissioners; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Murphy-
HJR 301-A joint resolution proposing the repeal of Sec-
tion 2, Article IV, and the amendment of Sections 3, 5, and 6
of Article IV of the State Constitution relating to the office
of lieutenant governor.
-was read the first time and referred to the Committees on
Governmental Organization & Efficiency and Appropriations.

By Representative Murphy-
HJR 302-A joint resolution proposing an amendment to
Section 4 of Article IV of the State Constitution; creating
the office of commissioner of transportation and making such
commissioner a member of the cabinet.
-was read the first time and referred to the Committees on
Transportation and Appropriations.

By Representative Murphy-
HB 303-A bill to be entitled An act relating to the elec.
trical code of the state; amending 3 of chapter 70-332, Laws
of Florida, appearing as 553.17, Florida Statutes, 1970 Sup-
plement, to provide that said building code shall not apply to
buildings and structures in Pasco County; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Murphy-
HB 304-A bill to be entitled An act relating to regulation
of public utilities; creating 366.031, Florida Statutes, to pro-
hibit public utilities from engineering, financing, selling, con-
structing, maintaining or repairing any equipment or facility
beyond their meters; providing a cause of action; providing
for recovery of attorneys' fees and costs; providing penalty;
providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Murphy-
HB 305-A bill to be entitled An act relating to drug abuse;
forbidding the sale, distribution, or delivery of hypodermic
syringes or needles without a prescription; providing excep-
tions; providing penalties; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Gillespie and Hazelton-
HB 306-A bill to be entitled An act relating to anatomical
gifts; providing that prisoners in the correctional system may
donate blood, tissue or vital organs for medical purposes under
certain conditions; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representatives Gillespie and Conway-
HB 307-A bill to be entitled An act relating to the legis-
lature; amending 11.13(1), Florida Statutes, to reduce the
annual compensation of members of the legislature; providing
an effective date.
-was read the first time by title and referred to the
Committees on House Administration & Conduct and Appropria-
tions.



By Representative Murphy-
HB 308-A bill to be entitled An act relating to the state
plumbing code; amending 553.13, Florida Statutes, to add









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Pasco County to the list of counties to which chapter 28181,
Laws of Florida, 1953, does not apply; providing an effective
date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Glisson, J. W. Robinson, and Hazelton-
HB 309-A bill to be entitled An act relating to mental
health; prohibiting confinement in jail of persons believed to
be mentally ill; providing an exception; providing an effective
date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.

By Representatives A. S. Robinson, Sims, Mooney, H. W.
Matthews, Gorman, Fulford, Milburn, Gibson, Earle, Whitson,
Crane, Conway, McDonald, Tillman, Wilson, Murphy, Fleece,
Savage, Grizzle, Sykes, Culbreath, Lane, Spicola, Danahy,
Martinez, Hodes, and Redman-
HB 310-A bill to be entitled An act relating to rapid tran-
sit; directing the department of transportation to conduct a
three phase feasibility study with respect to applying to public
transport the technical expertise developed in connection with
the Disney World complex, and with respect to the desirability
of a high speed transportation system between McCoy Jetport
and the Disney World complex, and the possible extension of
such a system between the east and west coasts of the state
utilizing publicly owned transportation corridors; requiring a
report to the legislature; authorizing the use of funds to match
federal funds for this purpose; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representative Kennelly-
HB 311-A bill to be entitled An act relating to homestead
tax exemption; amending 196.031, Florida Statutes, by adding
subsections (3) and (4), providing for ten thousand dollar
($10,000) exemptions for persons who are sixty-five (65) years
of age and older or who are totally disabled; providing an
effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Conway-
HB 312-A bill to be entitled An act relating to judicial
administration; amending 43.16(4), (5) and (6), Florida
Statutes, to create the office of judicial administrator; describ-
ing duties, method of appointment and compensation; providing
an appropriation; providing an effective date.
--was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representative Conway-
HB 313-A bill to be entitled An act relating to the office
of judicial administrator; providing a method of state assist-
ance for improving administrative and business methods and
systems in offices of the clerks of courts; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representative Reed-
HB 314-A bill to be entitled An act relating to the county
road and bridge fund; amending section 129.02(2), Florida
Statutes, revising the requisites of the county road and bridge
fund budget; amending section 336.59(2), Florida Statutes,
changing the method of distribution of the county road and
bridge fund to the municipalities; providing an effective date.



-was read the first time by title and referred to the
Committees on Transportation and Appropriations.



By Representative Elmore-
HB 315-A bill to be entitled An act relating to bomb
threats; amending 790.163, Florida Statutes, to provide in-
creased penalties with regard to bomb threats directed toward
public or private school buildings; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Walker-
HB 316-A bill to be entitled An act relating to cem-
eteries; amending subsection (6) of 559.32, Florida Statutes,
and adding subsections (9), (10), (11), (12), (13) and (14)
thereto to define cemetery company, cemetery sales organi-
zation, cemetery management organization, cemetery broker
and providing additional definitions; amending 559.33, Florida
Statutes, to provide method and manner for establishing new
cemeteries; creating 559.331, Florida Statutes, to provide
method and manner for establishing cemetery sales organi-
zations, cemetery management organizations, and cemetery
brokers; amending subsection (2) of 559.43, Florida Stat-
utes, and adding subsections (3), (4), (5) and (6) thereto to
provide time within which to make deposits to care and main-
tenance trust fund and within which entire amount must be
paid; creating 559.441, Florida Statutes, to regulate sale of
personal property and services with regard to the disposition
of human remains and providing for the establishment of the
merchandise trust fund; creating 559.482, Florida Statutes,
to prescribe requirements regulating construction of mauso-
leums and banks of below ground crypts and providing for
escrow payments; amending 559.51, Florida Statutes, to pro-
vide for penalties; creating 559.52, Florida Statutes, to pro-
vide for burial without regard to race or color; providing an
effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Earle, A. S. Robinson, Whitson, Wilson,
H. W. Matthews, Sims, Nergard, Gorman, Gibson, Renick,
Sackett, Sykes, Hazelton, D'Alemberte, Hector, Winn, Cherry,
Moudry, Reed, Johnson, Crabtree, Mooney, and Harris-
HB 317-A bill to be entitled An act relating to the cross
Florida barge canal; repealing parts I and II of chapter 374,
Florida Statutes, consisting of sections 374.011, 374.021, 374.-
031, 374.041, 374.051, 374.061, 374.071, 374.081, 374.091, 374.-
101, 374.111, 374.122, 374.132, 374.141, 374.151, 374.161, 374.171,
374.181, 374.301, 374.311, 374.321, 374.331, 374.341, 374.351, 374.-
361, 374.371, 374.391, 374.401, 374.411, 374.421, 374.431, 374.441,
374.451, 374.461, 374.471, 374.481, 374.491, 374.501, 374.511 and
374.521, which provide for the creation and operation of the
canal authority of the State of Florida, and which provide
ship canal navigation districts to provide for the financing
thereof; providing for the transfer of the cross Florida barge
canal lands to the division of recreation and parks of the
department of natural resources; prohibiting further construc-
tion of the canal without specific legislative authorization;
prohibiting further expenditures; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Redman-
HB 318-A bill to be entitled An act relating to fishing,
hunting and trapping licenses; amending 372.57, Florida Stat-
utes, by adding subsection (19) to exempt certain military per-
sonnel from fishing, hunting and trapping license requirements;
providing an effective date.
--was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Kennelly-
HB 319-A bill to be entitled An act relating to insurance;
adding subsection (8) to 624.0223, Florida Statutes, as amended
by chapter 70-56, Laws of Florida, to require insurers to file with
the department of insurance with their annual statement, as
provided by law, a copy of their federal income tax returns for



the previous year, and to require insurers to file with their 1972
annual statement copies of their federal income tax returns for
the previous three (3) years; providing an effective date.



25



April 6, 1971









26 JOURNAL OF THE HOUSE

-was read the first time by title and referred to the
Committee on Insurance.

By Representative Kennelly-
HB 320-A bill to be entitled An act relating to insurance;
directing the department of insurance to develop a program of
state offered automobile insurance coverage; providing limits
of coverage and maximum premium; requiring the department
to recommend necessary implementing legislation to the 1971
regular session of the legislature; providing an effective date.
-was read the first time by title and referred to the
Committees on Insurance and Appropriations.

By Representative Kennelly-
HB 321-A bill to be entitled An act relating to insurance;
prohibiting insurers doing business in the state from writing
insurance relating to real property and improvements thereon
at rates other than standard published rates; specially pro-
hibiting the writing of so called "high hazard" insurance; pro-
viding a penalty; providing an effective date.
S-was read the first time by title and referred to the
Committee on Insurance.
By Representative Kennelly-
HB 322-A bill to be entitled An act relating to motor vehi-
cle insurance; requiring no-fault reparation insurance and mo-
tor vehicle liability insurance and limiting tort liability; pro-
viding for the administration thereof; repealing chapter 324,
Florida Statutes, which requires that proof of financial respon-
sibility by an owner or operator of a motor vehicle involved
in an accident be shown as a requisite to future ownership
and operation of motor vehicles; repealing paragraph (t) of
subsection (1) of 624.0324 and subsection (3) of 627.1012,
Florida Statutes, and amending 627.0851(1), Florida Statutes,
to conform to the repeal of chapter 324; providing penalties;
providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Kennelly-
HB 323-A bill to be entitled An act relating to insurance
rates and contracts; amending 627.031, 627.041, 627.091,
627.101, 627.141, 627.151, 627.171, 627.181, 627.191, 627.211,
627.281, 627.291, 627.301, 627.314(6) (as added by chapter 70-
320, Laws of Florida), 627.321, 627.331 (as amended by chapter
70-321, Laws of Florida), 627.371, and 627.391, Florida Statutes;
creating 627.053, 627.063, 627.083, 627.123, 627.133, 627.163,
627.203, and 627.343, Florida Statutes; repealing 627.062,
627.072, subsections (1)-(5) of 627.314, and 627.318, Florida
Statutes, which were originally enacted by chapter 67-9, Laws
of Florida; all for the purpose of repealing the so-called Cali-
fornia plan for the setting of rates, restoring part I of chap-
ter 627 to the language it contained prior to its amendment
by chapter 67-9, Laws of Florida, and retaining subsequent
amendments; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Kennelly-
HB 324-A bill to be entitled An act relating to insurance;
amending 624.0404(1)(b), Florida Statutes, to provide that
no insurer in this state shall be liable under an automobile
liability contract for damages for pain and suffering arising
from an automobile accident involving an insured; providing
an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Dubbin, Wolfson, and Murphy--
HB 325-A bill to be entitled An act relating to compensa-



tion of tax collectors; amending 145.11, Florida Statutes, to
provide for a statewide salary increase for tax collectors; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Community Affairs.



E



OF REPRESENTATIVES April 6, 1971

By Representative Grizzle-
HB 326-A bill to be entitled An act relating to forestry;
amending sections 589.28, 589.29, 589.30, 589.31, 589.32, 589.-
33, and 589.34, Florida Statutes; providing for cooperative
forest management assistance; providing for assistance in
urban environmental improvement through the use of trees;
providing for cooperative agreements between the division of
forestry, counties or municipalities; providing for quality of
assistance; defining duties of a district forester; providing for
cooperative financing of assistance rendered; providing for ex-
penditure of funds; providing effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representatives Reed and Hazelton-
HB 327-A bill to be entitled An act relating to private
passenger automobiles; amending section 501.125, Florida Stat-
utes, relating to energy absorption systems; providing an
effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representatives Spicola and Martinez-
HB 328-A bill to be entitled An act relating to alcoholic
beverages; prohibiting the carrying of weapons where spir-
ituous liquors are sold, served or consumed; providing for
notice on the premises; providing penalties; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Sackett-
HB 329-A bill to be entitled An act relating to divorce;
creating 61.062, Florida Statutes; amending 61.071, 61.08,
and 61.09, Florida Statutes; providing for payment of divorce
and alimony expenses, including attorneys' fees, from the joint
assets of husband and wife; providing for expenses evolving
from postdivorce proceedings to be apportioned in the discre-
tion of the court; repealing 61.15 and subsection (2) of 61.17,
Florida Statutes, to confrom with this act; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Conway-
HB 330-A bill to be entitled An act relating to standards of
conduct for public officers and employees; adding subsection
(3) to 112.314, Florida Statutes, to provide that no official
or employee shall use knowledge acquired in employment re-
lated to the public acquisition of lands to further his own
interest; providing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Martinez--
HB 331-A bill to be entitled An act relating to occupational
license taxes, contractors; amending section 205.301, Florida
Statutes, by adding subsections (3) and (4); exempting high-
way contractors from obtaining a county occupational license
in the county where they perform work pursuant to a contract
with the state or any agency thereof except counties; exempt-
ing highway contractors performing work pursuant to a county
contract from obtaining a municipal occupational license; pro-
viding an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation, Finance & Taxation, and
Appropriations.



By Representative Gautier-
HB 332-A bill to be entitled An act relating to elections;
amending 97.041(1) and (2), Florida Statutes, to provide that
every United States citizen who is eighteen (18) years of age
and has been a permanent Florida resident for thirty (30) days









JOURNAL OF THE HOUSE



is eligible to register in the county in which he resides; amend-
ing 97.062, 97.063(4), 98.301(1), 101.62(3) and 101.64(1)(c),
Florida Statutes, and repealing 97.021(6)(d), 97.031, and
97.102, Florida Statutes, to conform statutory references relat-
ing to age, residency requirements, voting in national elections
by nonregistered electors, and absentee voting to said amend-
ment; providing an effective date conditioned upon ratification
of an amendment to Section 2 of Article VI of the State
Constitution.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Gautier-
HJR 333-A joint resolution proposing an amendment to
Section 2 of Article VI of the State Constitution, relating to
the required age and residency qualifications of electors.
-was read the first time and referred to the Committee on
Elections.

By Representative Fulford-
HB 334-A bill to be entitled An act relating to the unauthor-
ized copying of recorded sounds; amending chapter 543, Florida
Statutes, by adding section 543.041; making unlawful the unau-
thorized copying of sounds from any phonograph record, disc,
wire, tape, film, or other article on which sounds are recorded
and providing a penalty; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By the Committee on Health & Rehabilitative Services-
HB 335-A bill to be entitled An act relating to the depart-
ment of health and rehabilitative services; creating 381.395,
Florida Statutes; establishing in said department a program for
the care and financial assistance of persons suffering from
chronic renal diseases; providing an advisory council in con-
nection therewith; designating powers and duties of the council;
providing an appropriation; providing an effective date.
-was read the first time by title and referred to the
Committee on Appropriations.

By the Committee on Health & Rehabilitative Services-
HB 336-A bill to be entitled An act relating to extraocular
devices; providing for the creation of an advisory council on
extraocular devices within the department of agriculture and
consumer services; providing definitions; authorizing the coun-
cil to establish standards and regulations governing the com-
position of extraocular devices offered for sale or sold within
the state; authorizing the commissioner of agriculture to pro-
mulgate and publish such rules; providing penalties for the
violation of the provisions of this act; providing an effective
date.
-was read the first time by title and referred to the
Committee on Appropriations.

By Representative Tobiassen-
HB 337-A bill to be entitled An act relating to motor-
boats; requiring that certain motorboats be equipped with
safety flotation devices; authorizing the department of natural
resources to provide standards for such devices; requiring
manufacturers to warrant to the consumer that such motor-
boats meet the standards set by the department; providing an
effective date.
---was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representative Tobiassen--
HB 338-A bill to be entitled An act relating to homestead
tax exemptions; adding subsections (3) and (4) to 196.031,
Florida Statutes; increasing by one thousand dollars ($1,000)
annually for five (5) years the homestead exemption for per-
sons whose annual income does not exceed five thousand dol-



lars ($5,000), who have resided in Florida for at least the
ten (10) preceding years, and who are sixty-five (65) or older



April 6, 1971



auditor general within twenty (20) days a written statement
of explanation or rebuttal concerning all of the auditor's find-
ings; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.



SOF REPRESENTATIVES 27

or who are permanently and totally disabled; providing an
effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Yancey-
HB 339-A bill to-be entitled An act relating to the depart-
ment of highway safety and motor vehicles; providing that all
uniformed officers of the division of Florida highway patrol
of the department of highway safety and motor vehicles shall
retire upon attaining age sixty (60); providing an effective
date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Yancey-
HB 340-A bill to be entitled An act relating to the sales
and use tax; amending 212.08(2), Florida Statutes, to exempt
from said tax hospital beds purchased by individuals when pre-
scribed by licensed physicians; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Whitson-
HB 341-A bill to be entitled An act relating to the board
of regents; amending chapter 282.051, Florida Statutes, by
adding a new section, providing that teaching and research
faculty of the state universities shall not have tenure.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representatives Hartnett, Stevens, and J. R. Clark-
HB 342-A bill to be entitled An act relating to credit unions;
amending 657.08 and 657.18 and creating 657.24, Florida
Statutes, authorizing credit union board of directors to appoint
the credit committee; deleting the six percent (6%) per annum
restriction on dividends; authorizing officials of the state and
political subdivisions thereof to provide office space to credit
unions where space is available; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representative Smith-
HB 343-A bill to be entitled An act relating to appointed
and elected state officers and legislators; creating 112.320
and 112.321, Florida Statutes; prohibiting business entities
which have legislators or appointed or elected state officers as
members from transacting any business with state; prohibiting
professional practice before any state administrative agency
by a legislator or by any firm of which he is a member; pro-
viding exceptions; providing an effective date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representative Tucker-
HB 344-A bill to be entitled An act providing for the relief
of Alphonso Dixie; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Wilson-
HB 345-A bill to be entitled An act relating to the auditor
general; amending 11.45(6)(d), Florida Statutes, to require
an official who has had his office audited to submit to the









28 JOURNAL OF THE HOUSE

By Representative Chapman-
HB 346-A bill to be entitled An act relating to the relief
of Jarous R. Kent; making an appropriation to compensate for
personal injuries sustained by him when struck and knocked
down by a tractor belonging to the Florida forest service and
driven by a Florida forest service employee on land of Jarous
R. Kent; providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Chapman-
HB 347-A bill to be entitled An act relating to the relief of
Mary Creamer; providing for an appropriation to compensate
her for injuries to her person and property sustained by her
as a result of the state division of adult corrections negligently
allowing four (4) inmates to escape and assault her home and
person; providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Baker-
HB 348-A bill to be entitled An act relating to employment
of minors; amending 562.13, Florida Statutes, to remove the
authority relating to the employment of certain senior high
school students by bona fide food service establishments licensed
under the beverage law to sell alcoholic beverages; providing
an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Melvin, Fortune, and Elmore-
HB 349-A bill to be entitled An act for the relief of Charlie
E. Floyd of Walton County; compensating him for medical
expenses and damages resulting from injuries sustained while
employed by the state road department; providing an appro-
priation; providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representatives Trombetta and Zinkil-
HB 350-A bill to be entitled An act relating to death ben-
efits for law enforcement officers and firemen; amending 112.-
19(2)(a), Florida Statutes, to increase death benefits for law
enforcement officers; amending 112.191(2)(a), Florida Stat-
utes, to increase death benefits for firemen; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Spicola-
HB 351-A bill to be entitled An act relating to jurors;
amending 40.24, Florida Statutes; increasing daily pay and
mileage allowance for jurors; providing an effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representatives Miers, Earle, Gorman, and Gibson-
HB 352-A bill to be entitled An act relating to writs of gar-
nishment; amending 77.01, 222.11 and 222.12, Florida Statutes;
providing that the state or any public body thereof shall be
subject to garnishment; prescribing when and under what con-
ditions writs of garnishment may issue; providing for service
and default; establishing rates of withholding; providing excep-
tions, modifications of writs, limitations and priorities; estab-
lishing procedure; providing an effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.



By Representative Smith-
HB 353-A bill to be entitled An act relating to campaign
contributions; amending 99.161(2), Florida Statutes, as amend-



>]



By Representative Reed-
HB 359-A bill to be entitled An act relating to the teach-
ers' retirement system; providing that certain members of the



---



E OF REPRESENTATIVES April 6, 1971

ed by chapter 70-267, Laws of Florida, to prohibit attorneys
from making contributions to judicial candidates; providing an
effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Hartnett-
HB 354-A bill to be entitled An act relating to regulation
of manufactured housing; providing definitions; providing for
approval by the department of business regulation of such hous-
ing; providing for assessment of such housing for taxation;
providing for injunctive relief; providing for the appointment
and duties of a manufactured housing advisory board; providing
the department shall prescribe and enforce rules and set fees;
authorizing the recognition of local requirements, the adoption
of local codes and the approval of housing inspected outside
the state; providing for review of decisions of the department;
providing a penalty; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation, Finance & Taxation, and
Appropriations.

By Representatives Redman, Blackburn, and Lane-
HB 355-A bill to be entitled An act relating to the Florida
citrus commission; adding subsection (3) to 601.04, Florida
Statutes; providing that no member or employee of the com-
mission shall be an officer or official of any political party,
serve as campaign manager or treasurer for any candidate
for political office, or solicit funds for any candidate; prohib-
iting use of the commission's records for political purposes;
providing an effective date.
-was read the first time by title and referred to the
Committee on Agriculture & Citrus.

By Representatives McDonald, Miers, Martinez, Alvarez,
H. W. Matthews, Smith, Sims, Tillman, Gillespie, Crane, Craig,
A. S. Robinson, Glisson, Murphy, Fleece, Savage, Mooney, Mat-
tox, Thomas, Zinkil, Earle, Poole, Gorman, Gibson, and Sykes-
HB 356-A bill to be entitled An act relating to legal jeop-
ardy; providing that no person shall be placed in legal jeop-
ardy for certain acts of self-defense, protection of property or
acts in aid of another in certain cases; providing for indemni-
fication or reimbursement; providing an effective date.
-was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.

By Representatives Poole, Caldwell, Smith, Thomas, Trom-
betta, Zinkil, Renick, Hollingsworth, and Libertore-
HB 357-A bill to be entitled An act relating to hypodermic
needles and syringes; prohibiting the sale, gift or other dis-
posal of hypodermic needles and syringes except on the written
prescription of a licensed physician, surgeon, dentist or veter-
inarian; providing exceptions for manufacturers making and
selling at wholesale to druggists, for sale to dentists, veterinar-
ians, hospitals or infirmaries, and for sale to diabetics; making
violation a misdemeanor; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Conway-
HB 358-A bill to be entitled An act relating to eminent domain
trial proceedings; amending 73.021(1), 73.031(1), 73.071(3),
73.091, 74.031 and 74.051(1) and (2), Florida Statutes, and re-
pealing subsection (4) of 74.051, Florida Statutes; enlarging
the scope of proof of necessity to take; reducing the time for
filing defense; redefining compensation; providing limitation
on attorney fees; delineating method of appraisal; limiting
hearing on order of taking; providing an effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



system who retire prior to June 15, 1971, may have their ben-
efits calculated on the basis of the best five (5) of the last
ten (10) years of service; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Fulford-
HB 360-A bill to be entitled An act relating to game
and fresh water fish; amending 372.26, Florida Statutes, and
372.265(1), Florida Statutes, 1970 Supplement, as created by
chapter 70-145, Laws of Florida, to provide that the depart-
ment of natural resources may import fresh water fish and
game for the purpose of conducting experiments in aquatic
weed control as provided by law; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Craig-
HB 361-A bill to be entitled An act relating to beach and
shore preservation; amending 161.041, Florida Statutes, to
require a permit for certain excavation; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Craig-
HB 362-A bill to be entitled An act relating to aquatic
plant control; appropriating one hundred thousand dollars
($100,000) from the general revenue fund to the division of
game and fresh water fish of the department of natural re-
sources for the development of a mechanical harvester of
aquatic weeds; providing an effective date.
--was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Craig-
HB 363-A bill to be entitled An act relating to taxation on
fuels; amending 206.60(2)(b) and (c), Florida Statutes, as
created by chapter 70-995, Laws of Florida; providing for the
return to the counties of that portion of the seventh cent gas
tax which presently goes to the department of transportation;
continuing procedures for allocation and expenditure of sec-
ondary federal funds received; assigning responsibility for main-
taining roads in secondary road system to counties; providing
an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and Appro-
priations.

By Representatives Renick, Craig, and A. S. Robinson-
HB 364-A bill to be entitled An act relating to salt water
fisheries and conservation; amending 370.12(3), Florida Stat-
utes; providing for application for permits for capture and
maintenance of mammalian dolphins (porpoises) and for ship-
ment outside of Florida; providing penalties; providing an
effective date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Conway--
HB 365-A bill to be entitled An act relating to nonpublic
colleges; creating a state board of nonpublic higher education;
prescribing powers and duties of board; assigning certain pow-
ers to state board of education; providing for licensing of cer-
tain schools and their agents; fixing fees; creating the non-
public college service trust fund; providing penalties; providing
an effective date.



-was read the first time by title and referred to the
Committees on Education, Finance & Taxation, and Appropria-
tions.



By Representatives Culbreath, Blackburn, and Lane-
HB 366-A bill to be entitled An act relating to educational
institutions; making it unlawful for guest speakers to advocate
certain specified violent action on the campuses of such insti-
tutions; providing a felony penalty; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Tobiassen-
HB 367-A bill to be entitled An act relating to drivers'
licenses; repealing 322.121, Florida Statutes, which requires
periodic reexamination of all drivers; providing an effective
date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representative Powell-
HB 368-A bill to be entitled An act relating to public edu-
cation, minimum length of teacher contract year; amending
228.041(23) and 236.02(3), Florida Statutes; reducing the
minimum contract year from one hundred ninety-six (196) to
one hundred ninety (190) days; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Featherstone-
HB 369-A bill to be entitled An act relating to compensa-
tion of governmental personnel; authorizing all governmental
bodies to establish a separate category of compensation for
"other personal services"; providing a definition; providing that
personnel in such category be paid from other personal services
appropriations and not be eligible for membership in a state
retirement system; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Grizzle-
HM 370-A memorial requesting the Congress of the United
States to propose an amendment to the Fifth Amendment of
the Constitution of the United States relating to federal juris-
diction over state court decisions dealing with grand jury indict-
ments, double jeopardy, self incrimination, eminent domain or
due process of law.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Spicola-
HB 371-A bill to be entitled An act relating to the air and
water pollution control board; amending section 403.051(5),
Florida Statutes, as amended by chapter 70-84, Laws of Flor-
ida, to change the quorum requirement from four (4) members
to three (3) members for all hearings under section 403.121,
Florida Statutes, which relate to violations of the pollution
control law; providing an effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Spicola-
HB 372-A bill to be entitled An act relating to sanitary sew-
age disposal facilities; requiring the construction of any such
facilities for sanitary sewage disposal provide for secondary
waste treatment and in addition thereto, advanced waste treat-
ment as deemed necessary and ordered by the department of
air and water pollution control; requiring all existing facilities
for sanitary sewage disposal to provide for secondary waste
treatment and in addition thereto, advanced waste treatment
as deemed necessary and ordered by the department of air
and water pollution control, by January 1, 1973; providing a
a penalty; providing an effective date.



-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.



29



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Spicola-
HB 373-A bill to be entitled An act relating to water pollu-
tion control and appropriations, providing an appropriation of
$25,000,000 to the state water pollution control trust fund
established by the Florida water pollution control and sewage
treatment plant grant act of 1970, Ch. 70-251, Laws of Florida,
providing a further appropriation of $3,500,000 for planning
grants as authorized by Ch. 70-251, Laws of Florida, providing
an effective date.
-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.

By Representatives Baumgartner and Zinkil-
HB 374-A bill to be entitled An act relating to public offi-
cers and employees; amending 112.317, Florida Statutes, as
amended by chapter 70-144, Laws of Florida, to require dis-
missal from employment for violations of any provisions of part
III of chapter 112, Florida Statutes, relating to the standards
of conduct for public officers and employees; providing an
effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representatives Kershaw, Whitworth, and Winn-
HB 375-A bill to be entitled An act relating to motor vehicle
certificates of title; amending 319.21(2) and 319.22(2)(a),
Florida Statutes; requiring seller of motor vehicle to forward
notice of such sale to the department of highway safety and
motor vehicles; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Featherstone and Poorbaugh-
HB 376-A bill to be entitled An act relating to the medical
practice act; adding subsection (5) to section 458.05, Florida
Statutes, as amended by chapter 70-92, Laws of Florida; pro-
viding procedure for an out-of-state physician to obtain a pro-
visional license with waiver of examination; providing for
renewal of said license; providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representatives Tubbs and Randell-
HB 377-A bill to be entitled An act relating to physicians;
creating 458.135, Florida Statutes, to provide for a physician's
assistant program; providing definitions; providing an advisory
council; providing for regulations and for development and re-
view of curricula; providing for the establishment of standards
by board of medical examiners; providing a ratio of assistants
to physicians; providing for an annual report by the board to
the legislature; providing a schedule of fees and a penalty;
providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Shreve-
HB 378-A bill to be entitled An act relating to electors and
elections; amending section 97.021(19), Florida Statutes, defin-
ing "permanent branch office" for voter registration, clarifying
that same may be mobile unit; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representatives Jones, Libertore, Yancey, Mattox, and
J. R. Clark--
HCR 379-A Concurrent Resolution designating United States
Highway 17 within the State of Florida as the Spessard L.
Holland Parkway.



-was read the first time by title and referred to the
Committee on Transportation.



By Representative Spicola-
HB 380-A bill to be entitled An act relating to pollution con-
trol; adding a new subsection to 403.061, Florida Statutes, to
provide for the use of unleaded gasoline in all vehicles owned
or leased by the state or a county, municipality or other politi-
cal subdivision; providing an effective date.
-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.

By Representatives Dubbin and Reed-
HB 381-A bill to be entitled An act relating to the small
loan business; amending Chapter 516, Florida Statutes, to in-
crease the maximum loan limit from six hundred dollars ($600.-
00) to eighteen hundred dollars ($1,800.00); limiting interest
upon all loans in excess of six hundred dollars ($600.00) to one
and one-half percent (1/2%) per month; providing for credit
life insurance and the payment of commissions thereon; extend-
ing the repayment schedule on loans in excess of six hundred
dollars ($600.00) to thirty-six (36) months and fifteen (15)
days; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Dubbin and Reed-
HB 382-A bill to be entitled An act relating to the Florida
Consumer Finance Law; amending Chapter 519, Florida Stat-
utes to increase the loan limit from six hundred dollars ($600.-
00) to eighteen hundred dollars ($1,800.00); authorizing credit
life insurance and credit disability insurance; providing for
the payment of insurance commissions; prohibiting influencing
the selection of an insurance agent or company; increasing the
monthly service charge from two dollars and forty cents ($2.40)
to four dollars ($4.00) per month; increasing the term of loan
contract to thirty-six (36) months and fifteen (15) days; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative D'Alemberte-
HJR 383-A joint resolution proposing an amendment to the
constitution of the state of Florida; amending section 12 of
Article VII, relating to local bonds; eliminating the require-
ment that electors be freeholders to vote in referendum
elections.
-was read the first time and referred to the Committee on
Finance & Taxation.

By Representative Yancey-
HB 384-A bill to be entitled An act relating to destruction
of property; making willful or intentional destruction of prop-
erty a felony if of a value greater than two hundred dollars
($200) or a misdemeanor if of a value of two hundred dollars
($200) or less; providing penalties; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Spicola-
HB 385-A bill to be entitled An act relating to noise pollu-
tion; amending section 403.031 relating to the definition of
"pollution"; amending section 403.061 relating to powers of
the department of air and water pollution control; providing
an effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representatives Hodes and David Clark-



HB 386-A bill to be entitled An act relating to air and wa-
ter pollution; providing that the attorney general, any person,
or any political subdivision of the state may maintain an
action for declaratory and equitable relief against the state,
any political subdivision thereof or any person or legal entity
for the protection of the natural resources of the state; pro-



30



April 6, 1971









JOURNAL OF THE HOUSE



viding for judicial proceedings relative thereto; providing an
effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Elmore-
HB 387-A bill to be entitled An act relating to public meet-
ings; adding subsection (4) to 286.011, Florida Statutes, to
exempt certain meetings of school boards from the provisions
of said section which require that said meetings be open to the
public; providing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Elmore-
HB 388-A bill to be entitled An act relating to fire fight-
ers; creating 163.535, Florida Statutes, to exempt municipali-
ties, counties and political subdivisions with less than one
hundred thousand (100,000) population from the provisions of
part IV of chapter 163, Florida Statutes, relating to training
standards for fire fighters; providing an effective date.
-was read the first time by title and referred to the
Committee on Community Affairs.

By Representative Craig-
HB 389-A bill to be entitled An act relating to public em-
ployees; authorizing the establishment of policies to provide
terminal pay for accumulated sick leave; providing conditions;
providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Firestone-
HB 390-A bill to be entitled An act relating to bingo; cre-
ating part II of chapter 496, Florida Statutes, requiring
the licensing by the department of state of organiza-
tions intending to operate the game of bingo and of persons
intending to lease premises to such licensed organizations for
use in the conduct of such games; prescribing the procedure
and fees for such licensing; providing for the conduct of such
games and the leasing of premises therefore; providing for sus-
pension or revocation of licenses; providing for enforce-
ment; providing penalties; amending 849.093, Florida Stat-
utes; exempting from the provisions of chapter 849, Flor-
ida Statutes, the holding or conduct of games of bingo by
certain nonprofit organizations, subject to said organizations
being licensed by the department of state pursuant to part II,
chapter 496, Florida Statutes, and to their compliance with the
provisions of said law; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representatives Whitson, Earle, and A. S. Robinson-
HB 391-A bill to be entitled An act relating to the canal
authority; amending 374.041, Florida Statutes, to restrict the
power of the authority to sue the federal government; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Gillespie-
HB 392-A bill to be entitled An act relating to abstracting
companies; creating 768.16, Florida Statutes, to provide that a
a suit against an abstracting company based on inaccuracies in
the preparation of an abstract may be brought by persons
other than the purchaser of the abstract; providing for the
running of limitations on such suits; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Melvin-



HB 393-A bill to be entitled An act relating to pension for
Mrs. Lewis F, Cawthon, DeFuniak Springs, Walton County;



April 16, 1971



single county operations and adding a new section providing
for certificates of public convenience and necessity for single
county operations; creating a new section 323.052 grandfather-
ing for hire permit holders for single county operation to holders
of certificates of public convenience and necessity for single
county operation, providing for application, notice of hearing,
protests, hearings and fees, and exempting motor vehicles hav-



OF REPRESENTATIVES 31

providing for a special pension to be paid to her; directing
the division of personnel and retirement to place said person
on the state pension roll; directing the comptroller to issue
warrants for such pension and the state treasurer to pay same;
providing an appropriation; providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representatives Melvin, Fortune, and Elmore-
HB 394-A bill to be entitled An act relating to Okaloosa
County, Destin fire control district; amending chapter 63-1685,
Laws of Florida; providing boundaries of said district; provid-
ing powers, duties, and liabilities of said district; providing
for inspection of places of business, apartment houses, theaters
and other buildings; providing for a board of commissioners
to be elected by freeholders residing in the district; providing
for raising all necessary funds for financing said district;
providing for the levy, collection and enforcement of special
assessments against lands in said district; providing for limi-
tations of claims, demands, and suits against said district;
authorizing and empowering said district to make and enter
into contracts; establishing said district as a public municipal
corporation; providing for a referendum.
Evidence of notice and publication was
established by the House as to HB 394.
-was read the first time by title and referred to the
Committees on Community Affairs and Finance & Taxation.

By Representative Andrews-
HB 395-A bill to be entitled An act relating to institutions
of higher learning; making an appropriation to a revolving
fund to be used in financing reimbursable research contracts
handled through the University of Florida engineering and in-
dustrial experiment station; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Andrews-
HB 396-A bill to be entitled An act relating to medical
practice; amending chapter 458, Florida Statutes, by adding
section 458.051; authorizing the state board of medical exam-
iners to issue a license by endorsement; setting forth the
requirements therefore; making the same void unless used;
providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Reed-
HB 397-A bill to be entitled An act relating to municipal
utility taxes; amending Section 167.431, Florida Statutes, by
adding a new subsection (2), exempting religious and char-
itable institutions and non-profit hospitals from municipal
utility taxes; renumbering the remaining subsections; provid-
ing an effective date.
-was read the first time by title and referred to the
Committees on Community Affairs and Finance & Taxation.

By Representative Reed-
HB 398-A bill to be entitled An act relating to motor car-
riers; amending section 323.031(1) removing the exemption of
for hire permit carriers' operations transporting in a single
designated county road building and construction aggregates;
amending section 323.031(2) (e) to provide for the payment of
$200.00 application fee for a certificate of public convenience
and necessity for a single county operation; repealing section
323.031(4) (a)(b), (5)(a)(b)(c)(d) and (7), relating to grand-
father provisions; and renumbering (6) to read (4); repealing
in its entirety section 323.051 relating to for hire permits for









32 JOURNAL OF THE HOUSE

ing load capacity of ten (10) tons or less; amending section
323.08(4) removing the non-applicability reference to carriers
of road building and construction aggregates of section 323.-
08(1) and (2) and section 323.19; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation, Finance & Taxation, and
Appropriations.

By Representative Gillespie-
HB 399-A bill to be entitled An act relating to easements
and rights of entry; amending 1 of chapter 70-100, appear-
ing as 704.05, Florida Statutes, 1970 Supplement; clarifying
the intent and procedures of such section with respect to the
quieting of titles; providing that certain provisions limiting the
life of a nonexercised right of entry or easement shall not apply
to the state or its political subdivisions; providing an effective
date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Whitworth-
HB 400-A bill to be entitled An act relating to divorce; pro-
viding for additional compliance with Chapter 88, Florida
Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Gustafson-
HB 401-A bill to be entitled An act relating to education;
repealing 236.07(1) (a),(b),(e),(f), and (g), Florida Statutes,
relating to training ranks of instructional personnel; repealing
236.07(3)(b), Florida Statutes, relating to amounts to be
included for instructional salaries; amending 236.07(1) (c),
Florida Statutes, by redefining instructional personnel; amend-
ing 236.07(3) (a), Florida Statutes, providing for amounts to
be included for instructional salaries; providing an effective
date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Gustafson-
HB 402-A bill to be entitled An act relating to the Florida
Wing of the Civil Air Patrol; providing nonprofit educational
status; providing an appropriation; authorizing certain ex-
penditures; requiring a surety bond be furnished; providing an
effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Gustafson-
HB 403-A bill to be entitled An act relating to education;
amending 236.07(9) (a), Florida Statutes, as amended by chap-
ter 70-94, Laws of Florida, to add an additional amount to
the required local effort for participation in the minimum
foundation program to be budgeted from racing funds; estab-
lishing a new special pourover fund; providing sources for local
required effort; providing an effective date.

-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Gustafson--
HB 404--A bill to be entitled An act relating to the regula-
tion of swimming pool construction; providing definitions;
creating the Florida swimming pool industry licensing board;
fixing qualifications of board members and providing powers
and duties of the board; fixing registration and certification



procedures and fees therefore; providing exemptions; providing
penalties; providing an effective date.

-was read the first time by title and referred to the
Committees on Business Regulation, Finance & Taxation, and
Appropriations.



1E



OF REPRESENTATIVES April 6, 1971

By Representative Gustafson--
HB 405-A bill to be entitled An act relating to the state
racing commission; amending 20.16(3), Florida Statutes, relat-
ing to appeals to the board of business regulation, to except
appeals from the state racing commission; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representatives Reeves, Ogden, Melvin, MacKay, Harris,
and D'Alemberte-
HB 406-A bill to be entitled An act relating to the excise
tax on documents; amending section 201.11, Florida Statutes,
by adding new subsection (2) to authorize appointment of agents
by the department of revenue and commissions to be paid the
agents; providing for limitations of, and bonds for, the agents;
amending sections 201.17, Florida Statutes, by adding new sub-
section (2) to provide an alternative penalty for failure to pay
tax required; amending 201.18(2) and 201.20, Florida Statutes,
to create uniformity in penalties under this chapter; providing
an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representatives Reeves, Ogden, Melvin, MacKay, Harris,
and D'Alemberte-
HB 407-A bill to be entitled An act relating to the excise
tax on documents; amending section 201.02, Florida Statutes,
providing that the affixing of documentary stamps on an in-
strument transferring an interest in realty in an amount other
than that of the actual consideration for such a transfer shall
be subject to a penalty; providing for an affidavit stating,
under oath, that the stamps affixed represent the true and
actual consideration for the transfer and such other informa-
tion deemed necessary by the department of revenue; providing
an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Harris, MacKay, Melvin, D'Alem-
berte, and Ogden-
HB 408-A bill to be entitled An act relating to tax on sales,
use and other transactions; amending chapter 212, Florida
Statutes, by adding section 212.083 to authorize and provide
for refunds of taxes paid by nonprofit religious, educational
and charitable institutions; amending subsection 212.15(1) to
provide that sales taxes collected from nonprofit religious,
educational and charitable institutions shall not become state
funds upon collection; providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representatives Wilson, Reeves, Ogden, Melvin, MacKay,
Harris, and D'Alemberte-
HB 409-A bill to be entitled An act relating to tax on sales,
use and other transactions; repealing subsection 212.12(1), Flor-
ida Statutes, granting a dealer's allowance of three percent of
the tax collected; providing an effective date.
--was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Ogden, MacKay, Melvin, D'Alem-
berte, and Harris-
HB 410--A bill to be entitled An act relating to taxation;
amending subsections 608.33(1) and (4), Florida Statutes, to
provide for determination of value of capital stock; creating
new sections 608.331, Florida Statutes, to provide for compu-
tation of net worth; providing an effective date.
--was read the first time by title and referred to the
Committee on Finance & Taxation.



By Representatives Reeves, Ogden, Melvin, MacKay, D'Alem.
berte, and Harris-
HB 411-A bill to be entitled An act relating to taxation and
corporate reports; amending subsection 608.32(1), Florida Stat-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



utes, by adding new paragraph (j) requiring corporations to
declare they have paid all applicable documentary stamp taxes;
providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representatives Reeves, Ogden, Melvin, MacKay, D'Alem-
berte, and Harris-
HB 412-A bill to be entitled An act relating to the tax
upon estates of resident decedents, amending section 198.02,
Florida Statutes, to provide that the credit allowed under the
applicable federal revenue act for estate taxes shall be appor-
tioned between the states in the same manner as the federal
taxing authorities assess the value of the property located in
the affected states; amending section 198.13 and 198.15, Florida
Statutes, to change 15 month period to 9 month period; amend-
ing section 198.32, Florida Statutes, to increase fee from one
dollar to five dollars; providing an effective date.
--was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Ogden, Melvin, MacKay, D'Alem-
berte, and Harris-
HB 413-A bill to be entitled An act relating to taxation
of motor fuels; amending subsection 206.43(1) and section 206.-
91, Florida Statutes, by deleting the provision for dealer's
allowances; providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representatives Reeves, Ogden, Melvin, MacKay, D'Alem-
berte, and Harris-
HB 414-A bill to be entitled An act relating to taxation of
motor fuels; repealing section 206.42, Florida Statutes, which
grants an exemption to aviation fuel; providing an effective
date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Harris, MacKay, Melvin, D'Alem-
berte, and Ogden-
HB 415-A bill to be entitled An act relating to taxation of
occupations; amending subsections 205.041(1), Florida Statutes,
to provide for distribution of state occupational license tax
to counties and cities; amending section 205.101, Florida Stat-
utes, to provide for payment of forms and required reports;
amending subsections 561.34(6) and (7) and 561.35(2), Florida
Statutes, to provide for additional state beverage license fees
and repealing county fees; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Ogden, Melvin, MacKay, Harris,
and D'Alemberte-
HB 416-A bill to be entitled An act relating to government
organization; amending section 20.21, Florida Statutes, by adding
new subsection (8) which transfers the duties of the depart-
ment of highway safety and motor vehicles relative to regis-
tration of motor vehicles and collecting the license fees under
chapter 320, Florida Statutes, to department of revenue; pro-
viding an effective date.
--was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representatives Reeves, Ogden, Melvin, MacKay, Harris,
and D'Alemberte--



HB 417-A bill to be entitled An act relating to taxation
of motor vehicles; amending section 319.23, Florida Statutes,
by adding new subsection (6) to provide conditions precedent
to issuance of title; amending chapter 320, Florida Statutes,
by adding new subsections 320.0811, which provides require-
ments for electric services to mobile homes and 320.0812, which



provides requirements for owners and operators of mobile home
parks; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Ogden, Melvin, MacKay, Harris,
and D'Alemberte-
HB 418-A bill to be entitled An act relating to driver's
licenses; amending subsections 322.18(2) (3) and (4), Florida
Statutes, to provide for four year licenses; amending para-
graph (a) of subsection 322.21(1), Florida Statutes, to change
the fee accordingly; providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Finance & Taxation.

By Representatives Reeves, Ogden, Melvin, MacKay, Harris,
and D'Alemberte-
HB 419-A bill to be entitled An act relating to taxation of
cigarettes; amending subsection 210.05(3), Florida Statutes,
by deleting the allowance for compensation of agents affixing
cigarette stamps and collecting state tax thereby; providing
an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Ogden, Melvin, MacKay, Harris,
and D'Alemberte-
HB 420-A bill to be entitled An act relating to taxation;
repealing subsections 561.46(9) and (10), Florida Statutes,
which allow discounts and credits on beverage taxes to wine
manufacturers and bottlers and distributors of malt beverages
of beer; amending section 561.505, Florida Statutes, by deleting
the allowance to distributors of spirituous beverages; providing
an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, Harris, MacKay, Melvin, D'Alem-
berte, and Ogden-
HB 421-A bill to be entitled An act relating to taxation;
amending section 561.50, Florida Statutes, which provides for
payment and reporting of state beverage tax; providing an
effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Yancey-
HB 422-A bill to be entitled An act relating to death ben-
efits payable under the Florida retirement system; amending
121.091(7) (c), Florida Statutes, to change the term "widow"
to "surviving spouse" with regard to death benefits payable
when a member of the Florida retirement system is killed in
the line of duty; providing death benefits for the minor chil-
dren of any member who leaves no surviving spouse; providing
an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Sackett--
HB 423-A bill to be entitled An act relating to regulation
of business and professions; prohibiting rebates and splitting
of fees without full disclosure; providing a penalty; providing
an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Tucker-



HB 424-A bill to be entitled An act relating to the Florida
Statutes; requiring the legislative printing committee to pub-
lish or contract for an annotated code in lieu of present statutes;
providing an effective date.



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Spicola-
HB 425--A bill to be entitled An act relating to air and water
pollution control; creating 403.087, Florida Statutes; requiring
installations which may be a source of air or water pollution
to obtain a permit from the department of air and water pol-
lution control; authorizing and providing procedures for the
general issuance, denial and revocation of said permits by the
department; providing penalties; creating 403.088, Florida Stat-
utes; requiring persons presently discharging or intending to
discharge waste into the waters of the state to obtain a water
pollution operation permit; requiring such persons to submit
a report prior to application for said permit; providing for
temporary permits; providing specific conditions for said per-
mits; providing for a reasonable pollution charge as determined
by the department; providing that the provisions of this act
be cumulative to the provisions of chapter 403, Florida Statutes;
providing an effective date.
-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.

By Representative Stevens-
HB 426-A bill to be entitled An act relating to the state
university system; providing for a board of advisors at each
university which is under the control of the Florida board of
regents; providing for the membership, tenure, organization,
duties, responsibilities, and powers of said boards; providing an
effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representatives Holloway, Mixson, Gallen, Shaw, Earle,
J. W. Robinson, Cherry, Whitworth, Tucker, Cuibreath, Trom-
betta, Mattox, McDonald, Hazelton, Blackburn, Hess, Thomas,
Gibson, Firestone, Lane, Poole, Harris, Sims, Libertore, Miers,
Gautier, Singleton, Wolfson, Spicola, Kershaw, Grainger, For-
tune, Fleece, Mooney, Dixon, Danahy, Crane, Murphy, Wilson,
Moudry, Smith, Milburn, Gorman, Gillespie, Poorbaugh, Zinkil,
Tubbs, Reed, Walker, Alvarez, H. W. Matthews, Savage, Con-
way, Rish, Hartnett, Melvin, Hector, Nease, and Sackett-
HM 427-A memorial to the Congress of the United States
requesting the appropriation and allocation of funds for sur-
veillance radar equipment and the lengthening of the I.L.S.
runway at the Tallahassee Municipal Airport.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Spicola-
HB 428-A bill to be entitled An act relating to franchises
and distributorships; making certain acts unlawful when sell-
ing or establishing a franchise or distributorship, and providing
a civil remedy for persons harmed through a violation of this
act; authorizing injunctive relief; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Spicola-
HB 429-A bill to be entitled An act relating to regulation
of traffic on highways; creating 317.202, Florida Statutes,
to provide penalties for careless driving while under influence
of alcohol or drugs; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Spicola-
HB 430-A bill to be entitled An act relating to protection



of the air, water, and other natural resources of the state;
providing for actions for declaratory and equitable relief for
protection of said resources; prescribing the duties of the
department of legal affairs, political subdivisions, municipali-
ties, and citizens of the state; providing for judicial proceed-



ings relative to the purposes of this act; providing that the
court may apportion court costs; providing for the application
of the doctrines of res judicata and collateral estoppel; providing
that the provisions of this act shall be cumulative to chapter
403, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.

HB 431-Withdrawn

By Representative Reed-
HB 432-A bill to be entitled An act relating to the general
revaluation of real property; amending chapter 200, Florida
Statutes, by adding section 200.82, providing for the reduction
of millage proportionate to the increase of the general level
of assessed valuation over the preceding year; providing a
ratio by which all millages assessed shall be divided to secure
proportionate reduction; providing for the increase of operating
budgets; providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Featherstone-
HB 433-A bill to be entitled An act relating to public
schools; amending 232.26 and 232.27, Florida Statutes, by
giving principals and teachers control, comparable to parental
authority, over pupils and minors while on school premises;
providing an effective date.
-was read the first time by title and referred to the
Committee on Education.

By Representative Nichols-
HB 434-A bill to be entitled An act amending section (1)
of Chapter 325.24, Florida Statutes, relating to automobile
inspection fees. Providing for a limit on the number of times
persons must pay inspection fees. Providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Finance & Taxation.

By Representative Glisson-
HB 435-A bill to be entitled An act for the relief of Linda
J. Blount; providing for the payment of moneys to compensate
her for damages sustained as a result of the negligence of
the Putnam County district school board; providing an effective
date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Baumgartner-
HB 436-A bill to be entitled An act relating to tangible
personal property; providing that tax assessors shall not set
a minimum level on the value at which tangible personal prop-
erty is taxed; providing that the tax assessor shall not use
an arbitrary limit to depreciation for the purpose of determining
the assessed value of such property; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Elmore-
HB 437-A bill to be entitled An act relating to youth for-
estry camps; directing the division of youth services of the
department of health and rehabilitative services to plan, con-
struct and administer a youth forestry camp in the Blackwater
State Forest in Okaloosa County; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Renick-



HB 438-A bill to be entitled An act for the relief of Mrs.
Ella K. Wright; providing an appropriation to pay Mrs. Wright



34



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



for damages sustained from a fall into a sunken median island;
providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Dixon-
HB 439-A bill to be entitled An act relating to salt water
fish; amending 370.11(2)(a), Florida Statutes, as amended by
chapter 70-96, Laws of Florida, regulating the length of striped
bass that may be taken, sold or possessed; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Harris-
HB 440-A bill to be entitled An act relating to textbook
allocation; amending section 233.33, Florida Statutes, to provide
that up to ten percent (10%) of the textbook allocation may
be used for instructional materials not on the adopted list;
providing an effective date.
-was read the first time by title and referred to the
Committee on Education.

By Representative Tucker-
HB 441-A bill to be entitled An act relating to occupational
license taxes, instructions for county tax collectors to obey;
amending 205.101, Florida Statutes; adding a new subsection
(2) to 205.101 (3); providing for county tax collectors to
submit to department of revenue by categorizing through stat-
utory classification the amount of occupational license taxes
collected from each such classification; providing an effective
date.
-was read the first time by title and referred to the
Committees on Manpower & Development and Finance & Tax-
ation.

By Representative Kennelly-
HB 442-A bill to be entitled An act relating to compulsory
arbitration; providing for compulsory arbitration of claims
arising out of motor vehicle accidents in which the defendant
has liability insurance as required by chapter 324, Florida Stat-
utes, in the amount of ten thousand dollars ($10,000) or less
by a board of arbitration consisting of three (3) members of
the bar within the jurisdiction of the court; providing for the
selection of said arbitrators; providing powers, duties and com-
pensation of said arbitrators; providing procedures for con-
ducting hearings, rendering awards, and appealing decisions by
a board of arbitration; providing penalties for offering or
accepting bribes relating to arbitration proceedings; providing
an effective date.
-was read the first time by title and referred to the
Committees on Insurance and Appropriations.

By Representative Ogden-
HB 443-A bill to be entitled An act relating to corpora-
tions; amending section 608.32, Florida Statutes, prescribing
the contents of annual reports required to be filed by cor-
porations; creating sections 608.321 and 608.3211, Florida Stat-
utes, prescribing the taxable period for corporation reports
and setting a due date for filing and a delinquency date;
creating sections 608.322 and 608.3221, Florida Statutes,
prescribing dates for the valuation of net worth and the
determination of other information for all taxable periods;
amending section 608.33, Florida Statutes, removing exemptions
for railroad, pullman, telephone, telegraph insurance, bank-
ing and trust companies, building and loan associations and
cooperative marketing associations, providing for imposition
of an annual corporate privilege tax on corporate net worth,
setting a due date and a delinquency date for payments; cre-
ating sections 608.331 and 608.3311, Florida Statutes, prescribing
taxes and tax rates; creating section 608.332, Florida Statutes,
prescribing special rules for corporations in existence less than



twelve months, for bankrupt, dissolved and withdrawing cor-
porations, and for consolidated returns by controlled groups
of corporations; creating section 608.333, Florida Statutes, pro-
viding for an apportionment of net worth to ascertain the



portion attributable to Florida; creating section 608.334, Florida
Statutes, providing for a credit of intangible personal property
taxes against the corporate privilege tax attributable to sub-
sidiary corporations! creating section 608.335, Florida Statutes,
providing for refund, hearing and appeal procedures, estab-
lishing a general three year statute of limitations for refunds
and for assessments, and providing for the issuance of tax
warrants for the collection of delinquent taxes; creating section
608.336, Florida Statutes, conforming references in the Florida
Statutes; amending section 608.35, Florida Statutes, providing
penalties for delinquent reports and payments and providing
for interest on delinquent and overpaid taxes; amending section
608.05 and subsection (1) of section 613.02, Florida Statutes,
providing for payment of the corporate privilege tax upon
incorporation and qualification to do business in Florida; re-
quiring the department of revenue to provide information
regarding this act; providing for effective dates; providing
for excision of certain sections of this act when no longer
needed; providing for sections 1 through 17 of this act to
become inoperative if and so long as a tax is imposed by the
state on the net income of corporations.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Winn-
HB 444-A bill to be entitled An act relating to elections;
amending 100.011(1), Florida Statutes, to provide that polls
shall be kept open until 10:00 p.m.; providing an effective date.
--was read the first time by title and referred to the
Committee on Elections.

By Representative Conway-
HB 445-A bill to be entitled An act relating to specialized
state educational institutions; amending subsections (1) and
(3) of section 242.62, Florida statutes, to provide for semi-
annual payment to the first accredited medical school estab-
lished in the state; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Conway-
HB 446-A bill to be entitled An act relating to the internal
improvement trust fund; amending section 253.02, Florida
statutes, by adding a subsection (6) thereto; providing for
the rights of the board of regents in acquiring or disposing
of real property in the university system; providing an effective
date.
--was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Conway-
HB 447-A bill to be entitled An act relating to seized,
abandoned, wrecked or derelict property; amending chapter
705, Florida statutes, by adding sections 705.17 and 705.18
thereto to except items lost or abandoned on any campus in
the state university system and to provide for the disposal of
and the use of the proceeds from the sale of such items; pro-
viding an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

HB 448-Withdrawn

By Representative Spicola-
HB 449-A bill to be entitled An act relating to pollution;
adding a new subsection to 403.061, Florida Statutes, to pro-
vide that no detergents which contain harmful additives in any
amount shall be sold in Florida after December 31, 1972; pro-
viding an effective date.



-was read the first time by title and referred to the
Committee on Environmental Pollution Control.



35



April 6, 1971









36 JOURNAL OF THE HOUSE

By Representative Harris--
HB 450-A bill to be entitled An act relating to the relief
of Annie Mell Ratliff; making an appropriation to compensate
her for personal injuries and loss of her lower limbs sustained
by her as a result of improper care and treatment when she
was a patient at the Florida tuberculosis hospital at Lantana;
providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

HB 451-Withdrawn

By Representative Hartnett-
HB 452-A bill to be entitled An act relating to insurance
code, group disability insurance; amending 627.0602(1)(c),
Florida Statutes, providing certain restrictions on participants
and that no person be allowed to participate in more than one
(1) group covered by this act; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Hartnett-
HB 453-A bill to be entitled An act relating to jai alai fron-
tons; amending 551.13, Florida Statutes, to increase the tax
on the pari-mutuel "breaks" as defined in 551.09(5) and (6),
Florida Statutes; providing that one half (1%) of the "breaks"
be paid to the department of natural resources for the devel-
opment of parks and recreational facilities in the counties
where such "breaks" originate; providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation, Finance & Taxation, and
Appropriations.

By Representatives Wilson and Murphy--
HB 454-A bill to be entitled An act relating to state parks;
authorizing the department of natural resources to acquire
Honeymoon Island in Pinellas County; authorizing the devel-
opment of such island as a state park; providing an effective
date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Blackburn-
HB 455-A bill to be entitled An act relating to taxation;
amending 196.191(7), Florida Statutes, to provide an increase
in the ad valorem tax exemption granted to widows, disabled
veterans and other disabled persons; providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representatives Shaw and Hollingsworth-
HB 456-A bill to be entitled An act relating to voter regis-
tration procedures; amending 98.312(1), Florida Statutes;
providing that no clerk of the criminal or circuit court shall
be required to include in reports to the department of state
and supervisor of elections a convicted felon serving a sentence
in a state penal institution at the time of the report; provid-
ing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representatives Ogden, MacKay, J. R. Clark, Fleece,
Trombetta, Tyrrell, Crabtree, Hector, and Baumgartner-
HB 457-A bill to be entitled An act relating to exemptions
from ad valorem taxation; amending chapter 196, Florida Stat-
utes, by adding new sections, amending section 196.011, Flor-



ida Statutes, and by repealing sections 196.191, 196.201, 196.211,
196.22, 196.25, 196.275 and 196.30, Florida Statutes; repealing
all exemptions granted by special or local acts or general acts
of local application; providing specific exemptions for certain
property used exclusively for governmental, religious, or edu-
cational purposes; providing an exemption for widows and for
totally and permanently disabled persons; providing an exemp-



\I



By Representative Miers-
HB 465-A bill to be entitled An act relating to abortion;
providing definitions; prohibiting abortions in this state unless
performed under certain requirements and conditions; providing
a residency requirement; providing for consent and physician's



OF REPRESENTATIVES April 6, 1971

tion for such portions of property used predominantly for lit-
erary, scientific, religious, or charitable purposes; establishing
procedures and criteria for granting exemptions; providing a
severability clause; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Hazelton, Santora, Poorbaugh, and
Thomas-
HB 458-A bill to be entitled An act relating to narcotic
drugs; creating 398.25, Florida Statutes, reducing the penalty
for possession of cannabis in violation of chapter 398, Florida
Statutes, to a misdemeanor; providing penalty; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Cherry-
HB 459-A bill to be entitled An act relating to child care
center programs; providing definitions; providing for a contract
between the division of family services of the department of
health and rehabilitative services and the department of educa-
tion to provide preschool education for children of low income or
disadvantaged families and to provide child care service for these
children and others; permitting use of private facilities; author-
izing fees; providing for priority in establishment of centers
where greatest need exists; creating the child care advisory coun-
cil and providing for its membership and duties; providing for a
state plan; authorizing the department of education to establish
minimum education standards, fiscal control, and accounting
procedures and provide for the issuance of permits; providing
for an annual report to the legislature; providing criteria for
services and schedule for payment of fees by recipients of
services; providing for approval of facilities; providing an
effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.

HB 460-Withdrawn

HB 461-Withdrawn

By Representatives Moudry, Reed, and Miers-
HB 462-A bill to be entitled An act relating to state parks;
authorizing the Department of Natural Resources to acquire
Peanut Island in Palm Beach County; authorizing the devel-
opment of such island as a state park; providing an effective
date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Culbreath-
HB 463-A bill to be entitled An act relating to taxation;
creating 196.072, Florida Statutes; providing an additional
exemption to honorably discharged veterans who have attained
the age of sixty-five (65); providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Featherstone-
HB 464-A bill to be entitled An act relating to disabled
veterans, exemptions from paying certain occupational license
taxes; amending 550.10(2) and 551.07, Florida Statutes, to
provide an exemption for veterans; providing an effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.









JOURNAL OF THE HOUSE



certification and hospital participation; providing penalties for
the performance of an unlawful abortion; providing specifically
for the voluntary nature of the act; providing a severability
clause; repealing sections 782.10 and 797.01, Florida Statutes,
and paragraph 458.12(1) (i), Florida Statutes; providing an
effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Miers-
HB 466-A bill to be entitled An act relating to abortion;
amending section 797.01, Florida Statutes, to provide that abor-
tion is a question between patient and doctor; providing person
upon whom abortion is to be performed must give written
consent; providing abortions must be performed by duly licensed
and practicing physicians; providing that abortions must be
performed in hospitals licensed by the state or operated by the
federal government; providing that the legal abortion provi-
sions of this act shall be extended to include minor females;
providing that any person unlawfully performing an abortion
which results in death of child or mother is guilty of man-
slaughter; providing for punishment of persons performing un-
lawful abortions; providing for punishment of persons receiv-
ing unlawful abortions; providing specifically for the voluntary
nature of the act; amending section 797.02, Florida Statutes,
to prohibit advertising the availability of an unlawful abortion;
repealing section 782.10, Florida Statutes, which provides that
a person is guilty of manslaughter if an abortion is performed
unless same was necessary to preserve the life of the mother
on the advice of two (2) physicians; repealing section 458.-
12(1)(i), Florida Statutes, relating to the revocation of medical
licenses for aiding or participating in abortions; providing an
effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Miers-
HB 467-A bill to be entitled An act relating to abortion;
amending Section 782.10, Florida Statutes, to provide an abor-
tion may be performed only by a duly licensed physician, that
such abortion shall be performed in a duly licensed hospital,
that a six (6) weeks residency is required for a woman upon
whom an abortion is to be performed, and to provide that an
abortion performed by a duly licensed physician is not homicide;
amending section 797.01, Florida Statutes, to delete advice to
procure a miscarriage from punishable offenses; amending
section 797.02, Florida Statutes, to prohibit advertising the
availability of an unlawful miscarriage; repealing paragraph
(i) of subsection (1) of section 458.12, Florida Statutes, relat-
ing to the revocation of medical licenses for aiding or partici-
pating in abortions; providing a referendum.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By the Committee on Judiciary and Representatives Sessums,
Whitworth, Crabtree, Johnson, Gallen, D'Alemberte, Martinez,
and Spicola-
HB 468-A bill to be entitled An act relating to the non-
partisan nomination and election of certain justices and judges;
providing the method of qualifying for office; providing election
procedures; providing for the amount and disposition of filing
fees; restricting certain political activities of candidates; pro-
hibiting certain activities on behalf of candidates; providing
a penalty; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative Nichols--
HB 469-A bill to be entitled An act relating to motor vehicle
license plates; amending 320.10, Florida Statutes, to include
the Baptist Home for Children of Jacksonville within the organi-
zations exempted from the provisions of 320.08 and 320.09,
Florida Statutes, relating to the purchase of license plates;
providing an effective date.



-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation, and Appro-
priations.



April 6, 1971



rata share for the use of the network; exempting the
network from licensing and regulations by any public agency;
authorizing the network to operate in the state or any portion
thereof notwithstanding the franchise of any other communica-
tions system; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.



OF REPRESENTATIVES 37

By Representative Spicola-
HB 470-A bill to be entitled An act relating to the regu-
lation and control of the processing and disposal of solid waste;
stating the public policy; providing definitions; declaring cer-
tain acts to be unlawful; prescribing responsibilities of the
department of air and water pollution control, and of local
health officers; providing for rules and regulations; providing
for review and approval of grants and loans from the federal
government; providing for private disposal; providing for en-
forcement; providing penalties; amending 381.031(1)(g), Flor-
ida Statutes, removing the disposal of garbage and refuse from
regulation by division of health; providing that rules adopted
under 381.031(1)(g), Florida Statutes, shall become depart-
ment rules; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Powell-
HB 471-A bill to be entitled An act for the relief of H. E.
Sisson; providing an appropriation for damages resulting to
property owned by H. E. Sisson caused by the construction of
a highway by the state road department; providing an effective
date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Powell-
HM 472-A memorial to the Congress of the United States
requesting it to enact laws providing that charges assessed
to property owners for construction and installation of public
sewer systems shall be classified as deductible items for income
tax calculation purposes.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Tucker-
HB 473-A bill to be entitled An act relating to municipal
police officers, retirement; creating 185.38, Florida Statutes,
to provide for an optional retirement plan for municipal police
officers; setting forth the benefit formula of such retirement
plan and providing that the amounts of contributions required-
of members electing the new plan shall be established by the
department of insurance within specified limits; amending 185.-
14, Florida Statutes, relating to contributions, to conform to
this act; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representatives Tucker and Miers-
HB 474-A bill to be entitled An act relating to purchasing;
amending Part I of Chapter 287, Florida Statutes, by adding
subsection (11) to section 287.042, relating to exceptions; amend-
ing Chapter 287, Florida Statutes, by adding section 287.083,
relating to office equipment; providing an effective date.
--was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.
By Representative Reeves-
HB 475-A bill to be entitled An act relating to communica-
tions; creating the Florida communications network; providing
that the head of the department of general services shall desig-
nate the appropriate state authority to conduct the network;
authorizing said authority to acquire, construct, and maintain a
state communications network; providing that any agency of
the state, any county, or municipality may be charged a pro









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Reeves and Kennelly-
HJR 476-A joint resolution proposing an amendment to
Section 12 of Article VII of the State Constitution to provide
that local government bond issues for capital projects be sub-
ject to the approval of electors qualified to vote therein rather
than only those electors who are owners of freeholds not wholly
exempt from taxation.
-was read the first time and referred to the Committee on
Finance & Taxation.

By Representatives Reeves and Kennelly-
HJR 477-A joint resolution proposing an amendment to
section 9 of Article VII of the State Constitution to remove
the provision which requires that certain ad valorem tax levies
be subject to the approval of only those electors who are the
owners of freeholds not wholly exempt from taxation.
-was read the first time and referred to the Committee on
Finance & Taxation.

By Representative Andrews-
HB 478-A bill to be entitled An act relating to institutions
of higher learning; authorizing the state comptroller to advance
funds to assist in financing reimbursable research contracts
handled through the university of Florida engineering and
industrial experiment station; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Andrews-
HB 479-A bill to be entitled An act relating to revolving
funds; amending subsection (2) of section 216.271, Florida
statutes, to authorize the Florida Board of Regents to approve
payment of salaries and travel expenses of university system
personnel from revolving funds; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Andrews-
HB 480-A bill to be entitled An act relating to the depart-
ment of education, division of universities; amending sections
245.07. 245.09, 245.14 and 245.16. Florida statitps. relating to
the disposition of dead bodies; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Andrews-
HB 481-A bill to be entitled An act relating to extension
service; providing for extension work between the cooperative
extension service of the university of Florida's institute of food
and agricultural sciences and boards of county commissioners
and/or other legally constituted local governing bodies; provid-
ing an effective date.
-was read the first time by title and referred to the


By Representative Spicola--
HB 482-A bill to be entitled An act relating to narcotic
drugs; amending 398.22(1) (a), (b), and (c), Florida Statutes,
to provide increased penalties for first, second and third con-
victions for the sale of narcotic drugs in violation of 398.03,
Florida Statutes; prohibiting suspended sentences or probation
for persons convicted a third time; providing an effective
date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Savage--



HB 483-A bill to be entitled An act relating to fire fighter
standards council; creating section 163.521, Florida Statutes,
to provide for a fire fighters minimum foundation program
study; providing an appropriation; providing an effective date.



-was read the first time by title and referred to the
Committees on Community Affairs and Appropriations.

By Representative Tucker-
HJR 484-A joint resolution proposing an amendment to
section 1, article X of the constitution of the state of Florida,
relating to amendments to the constitution of the United States.
-was read the first time and referred to the Committee on
Judiciary.

HB 485-Withdrawn

By Representative Spicola-
HB 486-A bill to be entitled An act relating to air and
water pollution control; amending 403.161, Florida Statutes,
to provide for criminal penalties of five thousand dollars ($5,-
000) for each violation of Florida pollution laws, rules or per-
mits; providing an effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Winn-
HB 487--A bill to be entitled An act relating to legislative
apportionment; providing that the required joint resolution of
apportionment shall provide for a house of representatives of
no more than eighty (80) members; providing an effective
date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representative J. W. Robinson-
HB 488-A bill to be entitled An act relating to legislative
apportionment; providing that the required joint resolution of
apportionment shall provide for single-member districts for
the senate and the house of representatives; providing stag-
gered terms for the senate; providing an effective date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representative Reed-
AHB 489-A bill to be entitled An act relating to the general
revaluation of real property amending Chapter 200, Florida
Statutes, by adding thereto a new section 200.191, providing
for notice by the tax assessor of millage figures due to reval-
uation of real property and providing for notice to taxpayers
of any increase over said proportionate rollback figure; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Nichols (by request)-
HB 490-A bill to be entitled An act for the relief of Mary
Llewellen Parker for the loss of her husband and for injuries
sustained as the result of the negligence of the department of
transportation.
-was read the first time by title and referred to the
Committee on Claims.

By the Committee on Agriculture & Citrus-
HB 491-A bill to be entitled An act relating to the employ-
ees of the department of agriculture and consumer services,
providing for an employees' benefit fund; providing an effective
date.
-was read the first time by title and referred to the
Committee on Appropriations.

By the Committee on Agriculture & Citrus and Representative
Alvarez-



HB 492-A bill to be entitled An act relating to plant indus-
try of the department of agriculture and consumer services;
providing an appropriation; providing effective date.



38



April 6, 1971









JOURNAL OF THE HOUSI



--was read the first time by title and referred to the
Committee on Appropriations.

By the Committee on Agriculture & Citrus and Representative
Tillman-
HB 493-A bill to be entitled An act relating to agricultural
and vegetable seed; amending subsection (1) of section 578.27,
Florida Statutes, to provide alternate members to arbitration
council; providing effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Agriculture & Citrus and Representative
Lane-
HB 494-A bill to be entitled An act relating to agricultural
and livestock fairs; amending section 616.21 (2), Florida Stat-
utes, redesignating members of the agricultural and livestock
fair council; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative Reed-
HB 495-A bill to be entitled An act relating to Florida
Atlantic University; authorizing a school of law to be located
at Boca Raton as a component college of Florida Atlantic Uni-
versity; providing the school of law be maintained and operated
in accordance with the standards of nationally recognized asso-
ciations for accredited law schools; providing authorization to
the board of regents to employ and compensate a dean of the
college of law; providing authority to accept grants and other
funds; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Shaw-
HB 496-A bill to be entitled An act relating to occupational
license taxes; amending section 205.531, Florida Statutes, by
adding subsection (3); providing for a license tax applicable
to certain temporary art and collector's exhibitions at which
tangible personal property is traded or sold; providing that
said tax shall be in lieu of the tax imposed by section 205.-
531(1), Florida Statutes; providing for construction of sub-
section; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representatives Baker and D'Alemberte-
HB 497-A bill to be entitled An act relating to the physi-
cally handicapped; amending 255.21, Florida Statutes, to re-
quire that all public buildings constructed, altered or leased
shall provide facilities and features for the physically handi-
capped; providing duties of the department of general services
with respect thereto; providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

By Representative Savage-
HB 498-SF-A proposal to be entitled An act relating to the
distribution of the first gas tax as provided by subsection (4)(a)
of section 208.04, Florida Statutes; providing a suggested effec-
tive date.
--was read by title and referred to the Committees on
Transportation and Finance & Taxation.

By Representative Sackett--
HB 499-A bill to be entitled An act relating to sales and
use taxation; creating 212.061, Florida Statutes, to provide a
sales tax at the rate of one-half cent (1/ ) per can or bottle
on the sale of any beverage contained in a can or disposable
bottle; providing definitions; providing administrative proce-
dures; providing an effective date.



--was read the first time by title and referred to the
Committee on Finance & Taxation.



April 6, 1971



HB 506-A bill to be entitled An act relating to the Uni-
form Principal and Income Law; specifying methods of valuing
bonds and other obligations for the payment of money com-
prising any part of the principal and designating the impact
of loss or gain realized thereon; amending section 690.07,
Florida Statutes; defining the increment in value of discount



SOF REPRESENTATIVES 39

By Representative Hodes-
HB 500-A bill to be entitled An act relating to appropria-
tion releases; amending 216.192, Florida Statutes, to authorize
the director of planning and budgeting to revise, alter or change
releases of funds to state agencies only upon submission of
written justification to the agency head and the chairmen of
the legislative appropriations committees; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representatives Whitworth and Tillman-
HB 501-A bill to be entitled An act relating to cannabis;
amending chapter 404, Florida Statutes, by adding cannabis to
the list of drugs controlled; providing the first possession of
cannabis shall constitute a misdemeanor; amending subsection
(5) of section 398.10, Florida Statutes to delete the reference
to cannabis therein; repealing subsection (12) of section 398.02,
Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives D'Alemberte, Cherry, Baker, Firestone,
Harris, Hodes, and Savage-
HJR 502-A joint resolution proposing an amendment to Arti-
cle III and to Sections 1, 2, and 5 of Article XI of the State
Constitution providing for a unicameral legislature and alter-
ing the composition of the Constitution Revision Commis-
sion; adding a new section to the schedule, Article XII, to
provide ineffective date.
-was read the first time and referred to the Committee on
Governmental Organization & Efficiency.

By Representative Gallen-
HB 503-A bill to be entitled An act relating to the employ-
ment and granting of licenses to non-residents or non-citizens
of the State of Florida; providing that persons eligible for
residency or citizenship under federal law and who fail to
become such residents or citizens shall not be eligible for
employment or the granting of a license of any kind from any
state, county or municipal government; providing an effective
date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Redman-
HB 504-A bill to be entitled An act relating to the annual
budget for the department of citrus; repealing subsection (5)
of 216.181, Florida Statutes, which provides that the budget of
the department of citrus shall be approved by the secretary of
the department of administration as submitted by the depart-
ment.
-was read the first time by title and referred to the
Committees on Agriculture & Citrus and Appropriations.

By Representative Redman-
HB 505-A bill to be entitled An act relating to bank de-
posits and collections; amending paragraph (g) of subsection
(1) of section 674.104, Florida Statutes; defining the word
"item" and providing that under certain circumstances a pho-
tographic or other similar reproduction of an item may be
treated as the original item; and providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Redman-









40 JOURNAL OF THE HOUSE

bonds to be income and providing for the distribution thereof;
and providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Redman-
HB 507-A bill to be entitled An act relating to deposits
and accounts in banks in the names of two or more persons;
amending chapter 659, Florida Statutes, by adding section 659.-
291; establishing a presumption of vesting upon death of one,
and specifying evidence necessary to overcome such presump-
tion; providing for vesting in survivors or survivor upon death
of any one, in absence of requisite proof to overcome presump-
tion; and providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Redman-
HB 508-A bill to be entitled An act relating to garnishment
and writs of garnishment; amending section 77.06, Florida Stat-
utes, providing procedures for banks and other financial insti-
tutions authorized to accept deposits with respect to deposits
and property where the deposit or ownership records of the
institution reflect an ownership interest by any defendant named
in the writ, whether solely or with another or others not named
in the writ; providing for notice to other owners; providing
procedures in cases of doubt by garnishee as to whether any
indebtedness or property is required to be included in answer
or retained; providing for garnishment in fiduciary or repre-
sentative capacities; and providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Blackburn-
HB 509-A bill to be entitled An act relating to the Florida
probate law; amending 733.20(1)(b), Florida Statutes, relat-
ing to the order of payment of expenses of administration and
claims against an estate, to include within class two (2) ex-
penses, relating to funerals, the cost of a grave marker; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Miers and Sims-
HCR 510-A resolution commending Carlisle Floyd of the
Florida State University School of Music.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Wolfson-
HB 511-SF-A proposal to be entitled An act relating to the
definition of medical and legal death of a human being.
-was read by title and referred to the Committee on Health
& Rehabilitative Services.

By Representative Fortune--
HB 512-A bill to be entitled An act relating to the depart-
ment of natural resources; amending 592.10, Florida Statutes,
creating advisory councils to the division of recreation and
parks; providing for membership; prescribing duties; providing
an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Fortune-



E



HB 513-A bill to be entitled An act relating to the dump-
ing of trash, garbage or refuse; amending 861.10, Florida
Statutes, which relates to dumping or permitting trash, gar-
bage or refuse upon the right-of-way of any public highway,
road or street, to include public parks or public land and pri-
vate property; providing an additional penalty for subsequent
conviction; directing enforcement by all law enforcement offi-



OF REPRESENTATIVES April 6, 1971

cers; repealing 339.29 and 821.36, Florida Statutes, the pro-
visions of which are incorporated into 861.10, Florida Stat-
utes, by this act; providing an effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Conway-
HB 514-A bill to be entitled An act relating to the board
of regents; amending 240.191, Florida Statutes, authorizing
the board to secure liability insurance or to act as self-insurer;
providing that contracts for such insurance shall contain a
waiver of governmental immunity; authorizing creation of the
state university system liability trust fund and providing for
deposit of funds therein; providing for rules relating to self-
insurance and for approval thereof; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Sessums (by request)-
HB 515-A bill to be entitled An act relating to higher edu-
cation; creating the state student assistance grant program;
directing the department of education to administer the pro-
gram; providing definitions; providing limitations on the award
of grants; authorizing the department of education to make
rules and regulations; prescribing eligibility; providing an ap-
propriation and creating a special trust fund; providing an
effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Fortune-
HB 516-A bill to be entitled An act relating to the dumping
of garbage; creating 861.025, Florida Statutes, to prohibit
dumping refuse in the waters of the state; providing penalties;
providing for policing authority; providing an effective date.
-was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Hess-
HB 517-A bill to be entitled An act relating to motor vehicle
licenses; adding paragraph (e) to 320.08(8), Florida Statutes,
to provide for an "RV" series tag for travel trailers used solely
for recreational purposes; providing a definition of said vehi-
cles; amending 320.081(1), Florida Statutes, to add vehicles
used for recreational purposes to the application of said section;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Finance & Taxation.

By Representative Hess-
HB 518-A bill to be entitled An act relating to fraudulent
claims; providing that the board of business regulation shall
act as the fraudulent claims board with authority to investi-
gate all motor vehicle insurance claims; requiring accident re-
ports to be made to said board; providing the board shall re-
port its findings and recommend legislation; creating the division
of accident claims investigations within the department of busi-
ness regulation to serve as staff for the board; providing for
initial financing and thereafter for costs to be borne by insur-
ance companies doing business in the state; providing that
investigators of the board shall have access to certain records;
providing an effective date.
-was read the first time by title and referred to the
Committees on Insurance and Appropriations.

By Representatives Gillespie (by request) and Sykes-
HB 519-A bill to be entitled An act relating to insurance;



amending section 627.01091(1), Florida Statutes, to provide that
policy forms must be filed with the department in Tallahassee
by or on behalf of the insurer; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.









JOURNAL OF THE HOUSE



By Representatives Gillespie (by request) and Sykes-
HB 520-A bill to be entitled An act relating to insurance;
amending part VII of chapter 626, Florida Statutes, (trade
practices and frauds) by adding new section 626.0632, Florida
Statutes, creating a fraudulent claims division within the depart-
ment of insurance and specifying its powers and procedures;
renumbering section 626.0632, Florida Statutes, as section 626.-
0633, Florida Statutes, and by renumbering section 626.0633,
Florida Statutes, as section 626.0634, Florida Statutes; provid-
ing an effective date.
-was read the first time by title and referred to the
Committees on Insurance and Appropriations.

By Representatives Gillespie (by request) and Sykes-
HB 521-A bill to be entitled An act relating to insurance;
amending section 626.0620(1), Florida Statutes, to provide that
cease and desist orders may be issued by the department for
any act or practice that is injurious or harmful to insureds,
policyholders, or the public; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 522-A bill to be entitled An act relating to insurance;
amending section 624.0103, Florida Statutes, to eliminate exist-
ing requirement that examiners may not be retained who are
over the age of sixty-five; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 523-A bill to be entitled An act relating to chapter 324,
Florida Statutes, (the financial responsibility law); amending
subsection (1) of section 324.021, Florida Statutes, to provide
that "motor vehicle" shall include only vehicles required to be
licensed; amending paragraph (a) of subsection (2) of section
324.051, Florida Statutes, to raise financial responsibility in-
volvement limits from fifty dollars to one hundred dollars and
adding subparagraph 7. to said paragraph (a) of subsection (2)
of said section to decrease suspension period from three years
to one year under certain conditions; amending subsection (2)
of section 324.061, Florida Statutes, by amending paragraph (e)
and adding new paragraph (f) to provide that the department
of insurance shall invest security deposits in excess of current
needs in interest bearing accounts and providing that any
interest earned shall be deposited in the insurance commission-
er's regulatory trust fund and that any such deposits remaining
unclaimed shall be transferred to the state school fund; and
providing that any deposits unclaimed by anyone may be trans-
ferred to the state school fund; amending section 324.071,
Florida Statutes, to incorporate reference to section 324.081
and section 324.121, Florida Statutes; amending section 324.111,
Florida Statutes, to decrease judgment satisfaction period from
sixty days; amending section 324.121, Florida Statutes, to pro-
vide that the word "judgment" as used in said section refers
to section 324.111, Florida Statutes; amending paragraph (a)
of subsection (1) of section 324.211, Florida Statutes, to pro-
vide for the furnishing by the department of application and
affidavit forms upon request; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 524-A bill to be entitled An act relating to insurance;
amending subsection (3) of section 628.152, Florida Statutes,
for the purpose of eliminating the requirement that suit shall
be brought within thirty (30) days to enforce compliance with
any rule or regulation of the department made under this sec-
tion; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes--



HB 525-A bill to be entitled An act relating to insurance;
amending section 624.0227 by adding new subsection (2) to



April 6, 1971



By Representatives Gillespie (by request) and Sykes-
HB 530-A bill to be entitled An act relating to insurance;
amending section 626.0119, Florida Statutes, by adding new sub-



OF REPRESENTATIVES 41

provide that no insurer shall issue a disability policy without
conforming to the requirements of this section; renumbering
existing subsections (2) and (3); providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 526-A bill to be entitled An act relating to insurance;
amending section 624.0210, Florida Statutes, by adding new sub-
section (4) and renumbering present subsection (4) as sub-
section (5) to provide that the department may require, for
good cause shown, any insurer transacting life or disability
insurance to make and maintain a deposit for the protection of
policyholders; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.
By Representatives Gillespie (by request) and Sykes-
HB 527-A bill to be entitled An act relating to insurance;
amending chapter 625, Florida Statutes, by adding section 625.-
0308, to provide that any insurer which fails to file certain
information, documents, or statements which are required to
be filed under existing section 625.0300, Florida Statutes, or
any rule or regulation thereunder; shall be subject to certain
penalties or forfeitures to be payable to the state treasurer;
amending section 628.152, Florida Statutes, by adding new sub-
section (6), to provide that any person that fails to file any
information, documents, or reports required to be filed under
this section, or any rule or regulation thereunder, shall be sub-
ject to certain penalties or forfeitures to be payable to the state
treasurer; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.
By Representatives Gillespie (by request) and Sykes-
HB 528-A bill to be entitled An act relating to insurance;
amending subsection (1) of section 626.0500, Florida Statutes,
to provide that no person shall, from offices or facilities in
this state, represent an insurer which is not authorized in this
state or in the state where the property or risk is located;
amending paragraph (c) of subsection (2) of section 626.0515,
Florida Statutes, by substituting the word "countries" for
"counties;" amending paragraph (d) of subsection (2) of sec-
tion 626.0515, Florida Statutes, to require as a minimum trust
fund for alien insurers an amount not less than that required
of authorized insurers; amending section 626.0520, Florida
Statutes, to make time for filing copy of policy conform with
sixty day requirement in section 626.0517, Florida Statutes;
providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 529-A bill to be entitled An act relating to insurance;
amending section 624.0118, Florida Statutes, by adding new
subsection (5) to provide that an affidavit shall be filed by
domestic insurers which states that the directors and principal
officers have read examination reports; amending section 624.-
0119, Florida Statutes, by amending subsection (1) to elimi-
nate the requirement that examination expenses paid to the
department shall be at rates adopted by the national associa-
tion of insurance commissioners; by amending subsections (2)
and (3) to provide that all moneys paid by insurers for exami-
nation shall be paid to the insurance commissioner's regulatory
trust fund and permitting the department to pay to examiners
such expenses out of said fund; adding subsection (7) to pro-
vide that the actual travel expenses, reasonable living expenses
allowance and compensation of rate analysts and rate examiners
in the discharge of their duties under section 627.321, Florida
Statutes, shall be governed by the provisions of section 624.-
0119, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.









42 JOURNAL OF THE HOUSE

sections (3) and (4) to provide that agents or insurers furnish-
ing supplies or forms to an unlicensed agent may be held
civilly liable to insureds, with certain exceptions; providing an
effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 531-A bill to be entitled An act relating to the-regu-
lation of insurance; amending subsection (3) of section 626.-
221, Florida Statutes, by amending paragraph (d) to exempt
applicants for limited license as agent for sale of household
goods transportation insurance from examination; amending
subsection (1) of section 626.321, Florida Statutes, by amend-
ing paragraph (b) to remove one year residence requirement
for industrial fire agents; and amending paragraph (d) to re-
quire limited licensing of persons engaged in the sale of insurance
on the transportation of household goods; amending subsection
(1) of section 626.381, Florida Statutes, to include household
goods transportation insurance under continuation and expira-
tion of license provisions; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 532-A bill to be entitled An act relating to insurance
and the regulation of insurance agents; amending section 626.-
022, Florida Statutes, to provide proper exceptions for applica-
tion of part I of chapter 626, Florida Statutes; amending
section 626.121, Florida Statutes, to require a permit for super-
vising or managing general agents; amending subsection (1)
and adding new subsection (3) to section 626.151, Florida Stat-
utes, to require supervising or managing general agents to
comply with applicable provisions of the insurance code and
requiring that the holder of or any applicant for a license or
permit must not have had his eligibility for same revoked
or suspended by the department; amending section 626.171,
Florida Statutes, to require supervising or managing general
agents to comply with applicable code provisions; amending
subsection (1) of section 626.351, Florida Statutes, to include
supervising or managing general agents in the law governing
issuance of permits; amending subsections (2) and (3) of
section 626.421, Florida Statutes, to include supervising or man-
aging general agents in the law governing the continuance and
expiration of permits; amending subsection (1) of section 626.-
491, Florida Statutes, to include supervising or managing gen-
eral agents within the law governing termination of permit;
amending subsection (1) of section 626.511, Florida Statutes,
to include supervising or managing general agents in the law
governing reasons for termination; amending subsection (1)
of section 626.521, Florida Statutes, to require character and
credit reports from supervising or managing general agents;
amending subsection (1) of section 626.601, Florida Statutes,
to authorize the department to inquire into improper conduct
of supervising or managing general agents; amending the intro-
ductory paragraph of section 626.611, Florida Statutes, to
include supervising or managing general agents within grounds
for compulsory refusal, suspension, revocation of permit; au-
thorizing the department to suspend or revoke the eligibility
of an agent for any ground stated; and adding new subsection
(14) to provide for revocation of agent's license for guilt in
felony crimes involving moral turpitude; amending the intro-
ductory paragraph of section 626.621, Florida Statutes, to
include supervising or managing general agents within grounds
for discretionary refusal, suspension, revocation of permit;
providing that the department may suspend or revoke eligibil-
ity of licensee for grounds stated; and adding new subsection
(8) to permit department to suspend license of any agent dur-
ing pendency of criminal charges involving moral turpitude;
amending subsections (1) and (4) of section 626.631, Florida
Statutes, to include supervising managing general agents in
procedures for refusal, suspension or revocation of license; and
providing for revocation if licensee is corrected of a felony;
amending subsections (1), (2) and (3) of section 626.641, Flor-
ida Statutes, to provide that department orders shall also specify
period of revocation or suspension of eligibility to hold agent's



license and providing that if a license or the eligibility to hold
same has been revoked, such person shall not apply for another
license within two years and providing that there shall be no
reinstatement of eligibility if the initial reasons for revocation
still exist or will recur; amending section 626.651, Florida



E



OF REPRESENTATIVES April 6, 1971

Statutes, to provide that, upon suspension or revocation of an
agent's eligibility, the department may suspend or revoke all
other licenses held by a licensee; and, providing for suspension
or revocation of eligibility of other agents associated with an
agent who has had his eligibility revoked, if such associated
agents participate in such wrongdoing; amending section 626.-
0101, Florida Statutes, to include supervising or managing gen-
eral agents within the scope of part II of chapter 626, Florida
Statutes; amending section 626.0107, Florida Statutes, to pro-
vide that all members of a corporation or partnership agency
which are engaged in insurance business shall have a license
of the same type and class; amending subsections (2) and
(5) of section 626.0108, Florida Statutes, to eliminate require-
ment that applicants for license must be a resident of this
state for six months; and providing that applicants for a
solicitor's license must be employed by only one agent or
agency; amending subsection (2) of section 626.0110, Florida
Statutes, to provide that a solicitor may not be licensed under
more than one agent or agency at one time; amending sec-
tion 626.0111, Florida Statutes, to provide that the agency
under which a solicitor is appointed shall be responsible for
the acts of such solicitor; amending section 626.0117, Florida
Statutes, to include supervising or managing general agents
in specifications of contents of application; amending section
624.0300, Florida Statutes, to include supervising or managing
general agents in provisions that require payment of appoint-
ment fee; amending subsection (2) of section 648.27, Florida
Statutes, to provide that no license shall be issued to a bail
licensee if eligibility to hold same has been revoked or if he
is not otherwise qualified therefore; amending subsections (1)
and (2) of section 648.45, Florida Statutes, to provide that
the department may suspend or revoke the eligibility of a
bail licensee to hold same for any violation on existing grounds
for revocation or suspension of license; and providing that the
eligibility of associated bail bondsmen may be suspended or
revoked if such associates knowingly participate in wrong-
doing with any bondsman who has been so revoked or sus-
pended; amending subsections (1), (2), (3), (4) and (8) of
section 648.46, Florida Statutes, to provide procedures for
revocation or suspension of eligibility to hold bail license and
providing for judicial review of department orders; amending
subsections (1), (2) and (3) of section 648.49, Florida Stat-
utes, to provide that the period of suspension of eligibility
to hold a bail license shall not exceed one (1) year; providing
that eligibility shall not be reinstated if original grounds for
suspension still exist or will recur; providing that, if eligi-
bility has been revoked, the department shall not issue another
license until after expiration of two (2) years; amending sub-
sections (1) and (2) of section 648.50, Florida Statutes, to
provide that upon revocation or suspension of eligibility of a
bail bondsman or runner, the department may suspend or revoke
eligibility of said licensee to hold all other licenses held and
providing for suspension or revocation of eligibility of other
bail licensees which are associated with the wrongdoer, if such
associates knowingly participated in the initial violations of
law; amending section 648.54, Florida Statutes, to provide that
upon denial, suspension, or revocation of eligibility to hold a
bail license by the department, such person may appeal the
order to the first district court of appeal; adding section to
this bill which provides that the permit of a supervising or
managing general agent shall be required after October 1, 1971;
providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 533-A bill to be entitled An act relating to the state
treasurer; amending section 18.01, Florida Statutes, to remove
the requirement that the bond of the state treasurer must be
written by not less than four sureties; providing an effective
date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-



HB 534-A bill to be entitled An act relating to licensing of
life insurance agents; amending section 626.331(3), Florida
Statutes, to provide that a life agent shall have a separate
license, known as a primary license upon his initial qualifica-
tion as a life agent and shall have a separate additional license
for each subsequent insurer represented; amending section
626.341, Florida Statutes, to provide that life agents may make










JOURNAL OF THE HOUSI



application for additional licenses while a primary license is
in effect; amending section 626.391(4), Florida Statutes, to
provide that if the primary license of a life agent is terminated
for any reason, that all subsequent or additional licenses
shall terminate sixty (60) days thereafter; amending section
626.431(2), Florida Statutes, to provide that no examination
shall be required for the renewal or continuance of any addi-
tional or subsequent license of a life agent if the expiration or
termination of same was caused by the termination, expiration,
or nonrenewal of a primary license; amending section
626.471, Florida Statutes, by renumbering subsections (2), (3),
and (4) as subsections (3), (4), and (5) and adding new
subsection (2) to provide that upon termination by an insurer
or a life agent of a primary license, the commissioner shall
terminate all other licenses provided that no other primary
license has been issued; amending section 626.511(1), Florida
Statutes, to provide that any insurer terminating the appoint-
ment and license of an agent shall file with the department a
statement of the reasons therefore unless a license is terminated
solely by reason of termination of a primary license; amend-
ing part I of chapter 626, Florida Statutes, by adding new
section 626.513 to provide that the department of insurance
may expend any necessary funds from the insurance commis-
sioner's regulatory trust fund for the purpose of establishing
primary licensing procedures with respect to life agents;
providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 535-A bill to be entitled An act relating to insurance;
amending section 627.0852(1)(b), Florida Statutes, by deleting
"six months" and inserting in lieu thereof the words, "one
year"; providing an effective date.
--was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 536-A bill to be entitled An act relating to the amend-
ment of subsection (1) of section 255.05, Florida Statutes, to
clearly distinguish between public work for the state and public
work for a city, county, political subdivision or public au-
thority and specifying affidavits in the case of state construc-
tion shall be filed with the director of the department of
general services instead of with the state treasurer and specify-
ing that such affidavits in the case of work for a city, county,
political subdivision or public authority shall be filed with the
treasurer or other official having charge of such work; provid-
ing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representatives Gillespie (by request) and Sykes-
HB 537-A bill to be entitled An act relating to the state
fire marshal and manufacture, distribution and use of ex-
plosives; amending section 552.091, Florida Statutes, to provide
that each manufacturer-distributor or dealer maintaining
more than one storage magazine shall possess an additional
license, increasing licenses and fees for users and blasters, and
changing license year for same; providing that applicants for
licenses or permits shall furnish descriptive information and
pass an examination; amending section 552.111, Florida
Statutes, to provide that no manufacturer-distributor or dealer
shall sell explosives unless the purchaser presents license
and provides information as to the identity of the purchaser
and the type of explosive sold; amending section 552.113,
Florida Statutes, to number unnumbered paragraph as subsec-
tion (1) and adding new subsection (2) to require that any
loss or theft of explosives shall be promptly reported to the
nearest sheriff or police chief; adding new section 552.114,
Florida Statutes, to provide that effective July 1, 1971, no
person shall sell, accept or deliver any explosives unless each
carton and piece of such explosives is labeled or marked with
means of identification and making it unlawful to have or
possess explosives not so marked and providing for confisca-
tion of same and prohibiting the sale or distribution in this
state on or after January 1, 1973, unless such explosives
contain a means of identifying the same from the residue



remaining from an explosion; adding new section 552.142,
Florida Statutes, to provide that the state fire marshal may



April 6, 1971



license or permit for violation of any order to cease and desist
or to correct hazardous condition; adding new section 633.19,
Florida Statutes, to provide for review by certiorari to circuit
court of Leon County on any orders relating to suspension or
revocation of license or permit or imposition of administrative
penalties and providing that no such appeal shall operate as a
supersedeas as to any such order, unless so ordered by the
court; amending section 633.171, Florida Statutes, to provide
that violation of any cease and desist order or order to correct



E OF REPRESENTATIVES 43

inspect at any reasonable hour any buildings, equipment or
premises and may deliver a written corrective order in the
event he finds that explosives are being handled or stored in a
manner which would create a hazardous condition to life or
property; amending section 552.151, Florida Statutes, to
provide that the state fire marshal may issue notice to correct
hazardous condition or notice of violation, providing for hear-
ing and review, and providing criminal penalties for violation
of such orders; amending subsection (1) of section 552.161,
Florida Statutes, by providing for administrative fine for vio-
lation of corrective orders of the state fire marshal; amending
subsections (1) and (2) of section 552.171, Florida Statutes, to
provide that the license or permit may be suspended or revoked
by the state fire marshal for failure or refusal to comply
with notice of violation or cease and desist order; amending
subsection (2) of section 552.20, Florida Statutes, to provide
that no appeal to the circuit court shall operate as a su-
persedeas with respect to any cease and desist or corrective
order; adding new section 552.221, Florida Statutes, to provide
penalties for violations of law, rules and regulations, orders to
cease and desist or noncompliance with corrective orders of
the state fire marshal and making the same a misdemeanor;
providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representatives Gillespie (by request) and Sykes-
HB 538-A bill to be entitled An act relating to the state
fire marshal; amending chapter 633, Florida Statutes, by amend-
ing section 633.061, Florida Statutes, by deleting present sub-
section (4) and renumbering present subsections (5) and (6) as
new subsections (4) and (5) and adding new subsections (6)
and (7) to provide that it shall also be unlawful to engage
in the business of testing, repairing, inspecting or installing
fire extinguishers and systems unless a license or permit is
obtained from the state fire marshal; that such extinguishers
and systems shall be serviced only by a licensed organization
or individual; increasing license and permit fees; and eliminat-
ing present exemptions for fire departments for license fees;
amending the license year to run from January 1 to December
31 of each year; exempting fire chiefs, fire inspectors and fire
marshals or insurance company inspectors from requirement of
license or permit with respect to inspections and exempting
those engaged in the business of servicing, recharging, repair-
ing, testing and inspecting certain enumerated sprinkler sys-
tems; and providing that any stated action taken in connection
with all fire extinguishers covered by this chapter shall be
done in compliance with pamphlet 10, 1970 edition, of the
national fire protection association; amending section 633.071,
Florida Statutes, to provide that a service tag shall also be
required on all systems and amending said section to cover all
extinguishers, whether portable, stationary or on wheels when
required by rules and regulations of the state fire marshal,
requiring a service tag to be completed in detail for testing,
repairing, inspecting or installing any extinguisher or system,
providing that, when required by rules or regulations, all
portable extinguishers must be approved by Underwriters' Lab-
oratories, Inc. or Factory Mutual and such approval shall be
properly stamped on extinguishers in a permanent manner;
amending section 633.161, Florida Statutes, by deleting present
subsections (2), (3), (4), (5) and (6) and providing that the
state fire marshal may issue notices to cease and desist or to
correct hazardous conditions and, if any person fails to comply
therewith, he may issue and order to cease and desist or to
correct hazardous conditions; providing that any aggrieved
person may demand a hearing and providing that violation of
such order shall constitute a misdemeanor; adding new section
633.162, Florida Statutes, to provide for suspension or revoca-
tion of license or permit for violation of any provisions of this
chapter, rules and regulations, or for failure to comply with
order to cease and desist or to correct hazardous conditions
and providing for issuance of written notice and charges and
procedure thereon; adding new section 633.163, Florida
Statutes, to provide for administrative fine or revocation of








44 JOURNAL OF THE HOUSE

condition shall constitute a misdemeanor and that it shall
also be unlawful to improperly service, repair, recharge, test,
inspect or install a fire extinguisher or system; it is unlawful
to use another's permit or for a holder to allow use by another
person; and it is unlawful to use or allow the use of a
license by anyone other than to whom issued; providing an
effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Gillespie (by request) and Sykes-
HB 539-A bill to be entitled An act relating to insurance;
amending section 627.01001, Florida Statutes, to provide that
certain provisions of part I of chapter 627, Florida Statutes,
shall be applicable to wet marine and transportation insurance
as to breach of warranty and binders; amending section
627.01081, Florida Statutes, by adding subsection (4) to
provide that no breach of warranty by an insured shall consti-
tute a defense unless such breach of warranty contributed to
the loss or damage to the property insured; providing an
effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 540-A bill to be entitled An act relating to insurance;
amending chapter 626, Florida Statutes, by repealing subsec-
tion (6) of section 626.331 to remove existing exemption for
license requirements for writing disability insurance on persons
over sixty-five; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representatives Gillespie (by request) and Sykes-
HB 541-A bill to be entitled An act relating to the condem-
nation of school property amending subsection (2) of section
235.06, Florida Statutes, to provide that the state fire marshal
may make fire safety inspections of school property, condemn
its use until deficiencies are corrected and prescribe regulations
pursuant to section 633.051, Florida Statutes, providing
standards of fire safety for the occupants of school buildings
and school property to be used by all agencies in the inspection
of school buildings; providing an effective date.
-was read the first time by title and referred to the
Committee on Education.

By Representative Gillespie (by request)-

HB 542-A bill to be entitled An act relating to insurance;
amending subsections (3), (5), (6), (7), (8), (9) and (14) of
section 624.0300, Florida Statutes, to provide that all state
license taxes referred to therein shall be designated as license
fees; repealing section 624.0301, Florida Statutes; amending
section 624.0302, Florida Statutes, to provide that insurers
shall be liable for such state license fees; amending section
624.0305, Florida Statutes, ora Suts to provide that existing limits on
municipal license taxes shall remain as to such fees; amending
subsections (1) and (2) of section 624.0306, Florida Statutes,
to provide that insurer's license taxes are redesignated as
license fees to be paid annually, and repealing subsection (3)
of said section 624.0306, Florida Statutes; amending section
624.0307, Florida Statutes, in order to include references to
said license taxes or fees; amending section 624.0311, Florida
Statutes, for the purpose of including references to such license
taxes or fees; amending part IV of chapter 624, Florida
Statutes, by adding new section 624.03121, Florida Statutes, to
impose and assess a special regulatory assessment tax on
insurers, with certain exceptions, with such assessment not to
exceed one-fourth (1/4) of one (1) per cent of gross premiums
collected by insurers for the purpose of defraying expenses
of the department of insurance in the discharge of its duties,
said tax to be payable quarterly into the "insurance commis-



sioner's regulatory trust fund;" further, there are additional
provisions which require the department to annually ascertain
whether such assessment is inadequate or excessive and adjust
the same accordingly; amending subsections (1) and (3) of
section 624.0314, Florida Statutes, to provide that existing
regulatory assessment on all insurers issuing fire insurance



E



SOF REPRESENTATIVES April 6, 1971

policies shall be deposited in the "insurance commissioner's
regulatory trust fund" instead of the "state fire marshal trust
fund," and providing that any excess deposits therein shall not
revert to the general fund under existing law but shall be
retained in the "insurance commissioner's regulatory trust
fund;" amending subsection (1) of section 624.0315, Florida
Statutes, in order to provide that said section shall refer to the
proper fund as herein amended; amending subsection (1) of
section 624.0316, Florida Statutes, to provide that insurers
shall file tax returns on the new regulatory assessment im-
posed herein and the regulatory assessment on insurers issuing
fire policies on forms prescribed by the department; amend-
ing section 624.0317, Florida Statutes, to provide that the
department may revoke the certificate of authority of any
insurer which fails to pay the above special regulatory assess-
ment; amending subsection (1) of section 624.0319, Florida
Statutes, to provide that the department shall deposit in the
"insurance commissioner's regulatory trust fund," instead of
the general fund, all moneys received from the state license fee
portion of agents and solicitors licenses collected and to
provide that all premium taxes collected shall be deposited in
the state treasury to the general fund; amending subsection
(5) of section 624.0320, Florida Statutes, to provide that all
retaliatory taxes along with premium taxes shall be deposited
to the general revenue fund; and further providing for the
elimination of certain trust funds and providing that all trust
funds shall be deposited in either the agents and solicitors
county license tax trust fund, insurance commissioner's regula-
tory trust fund, municipal firemen's pension trust fund, or
municipal police officers' retirement trust fund; amending sec-
tion 624.0324, Florida Statutes, by repealing paragraphs (e)
and (h) of subsection (1) in order to eliminate requirement
that retaliatory taxes shall be deposited in the "insurance
commissioner's regulatory trust fund," and redesignating par-
agraphs (f) through (t) under said subsection (1) to read in
proper alphabetical order; amending subsection (7) of section
624.0228, Florida Statutes, to provide that any excess amount
of taxes collected under this section over any amount of
similar fees and taxes provided for in part IV of chapter 624,
Florida Statutes, together with certain fines collected shall be
deposited by the department to the general revenue fund;
amending section 624.0113, Florida Statutes, to provide that all
moneys received by the department from the sale of publica-
tions shall be deposited in the "insurance commissioner's regu-
latory trust fund" and appropriating said moneys to the de-
partment of insurance; amending subsections (2) and (3) of
section 624.0119, Florida Statutes, to provide that all moneys
received by the department from insurers for examination
expenses shall be deposited in the "insurance commissioner's
regulatory trust fund," thereby eliminating the "insurer exami-
nation revolving trust fund;" and providing that the depart-
ment may pay proper examiner's expenses out of said fund;
amending subsection (2) of section 527.02, Florida Statutes, to
provide for elimination of the "liquefied petroleum gas admin-
istrative trust fund" and to provide that all moneys received
pursuant to chapter 527, Florida Statutes, shall be deposited to
the "insurance commissioner's regulatory trust fund" and
used for the purpose of administering the provisions of said
chapter; amending section 175.121, Florida Statutes, to provide
that, from moneys received by the department of insurance
for the municipal firemen's pension trust fund, necessary ad-
ministration expenses in an amount not to exceed $50,000 per
annum is appropriated to the department to be paid into the
"insurance commissioner's regulatory trust fund;" amending
section 185.24, Florida Statutes, to provide that the department
of insurance shall receive, from moneys collected for the
municipal police officers' retirement trust fund, necessary ad-
ministration expenses not to exceed the sum of $50,000 which is
to be deposited in the "insurance commissioner's regulatory
trust fund;" providing an effective date.
-was read the first time by title and referred to the
Committees on Insurance, Finance & Taxation, and Appropria-
tions.

By Representatives Thomas, Hazelton, Renick, Zinkil,
Williamson, Smith, Gustafson, Reed, Poole, Tubbs, and David
Clark- |



HB 543-A bill to be entitled An act relating to condomini-
ums and cooperative apartments; adding subsection (3) to
711.24, Florida Statutes, 1970 Supplement, as created by
chapter 70-274, Laws of Florida; providing that statements and
representations made in the course of advertising for the
sale of condominiums and cooperative apartments shall become









JOURNAL OF THE HOUSE



part of the contract for sale; providing for enforceability of
obligations against the vendor; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Lane-
HB 544-A bill to be entitled An act for the relief of Vivian
Nader; providing an appropriation to compensate her for loss-
es sustained in business caused by the direct and immediate
interference by the state road department; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Sessums-
HB 545-A bill to be entitled An act relating to liability
insurance; amending chapter 627, Florida Statutes, by adding
sections 627.0128 and 627.0129; providing for direct action
against liability insurance companies by injured persons;
providing that insolvency of the insured shall not release
insurance company from liability; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Sessums-
HB 546-A bill to be entitled An act relating to workmen's
compensation, exclusiveness of liability; adding subsection (3)
to 440.11, Florida Statutes, as amended by chapter 70-25,
Laws of Florida; limiting immunity to employer or his insur-
ance carrier; providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Sessums-
HB 547-A bill to be entitled An act relating to claims
against the state; creating 768.16, Florida Statutes; authoriz-
ing suits against the state or any of its agencies or subdivi-
sions for the tortious acts of their employees or agents;
authorizing the compromise or settlement of such claims by the
agency involved or by the department of legal affairs;
providing that suits may not be instituted under this section
without prior submission of the claim for administrative dispo-
sition.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representative Sessums-
HB 548-A bill to be entitled An act relating to negligence
actions; amending chapter 768, Florida Statutes, by adding
section 768.061; providing that damages be awarded according
to the comparative negligence principal.
--was read the first time by title and referred to the
Committee on Judiciary.

By Representative Featherstone-
HB 549-A bill to be entitled An act relating to the parole
and probation commission; providing that the commission is
authorized to hire retired persons for part-time work; provid-
ing salaries for those retired persons working in excess of
fifteen (15) hours a week; providing an appropriation; provid-
ing an effective date.
--was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.

By Representative Elmore-



HB 550-A bill to be entitled An act relating to false reports
of bombings or other violence; amending 790.163, Florida
Statutes, which prohibits such reports, to include false reports
of any act of arson or other violence to property or person;
providing for a reward for information leading to the convic-



April 6, 1971



By Representative Hartnett-
HB 558-A bill to be entitled An act relating to banks and
trust companies; amending section 659.16(1), Florida Statutes;
establishing that the par value of eligible securities which are



E OF REPRESENTATIVES 45

tion of violators of said section, to be administered by the
department of law enforcement; providing an effective date.
-was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.

By Representative Hazelton-
HB 551-SF-A proposal to be entitled An act relating to the
parole commission.
-was read by title and referred to the Committee on Crim-
inal Justice.

By Representative Tucker-
HB 552-A bill to be entitled An act for the relief of Mark
Anthony Collins, a minor; providing an appropriation to com-
pensate him in the name of his legal parents or guardians for
permanent injury as a result of negligence by Robert Wayne
Hilton of the Florida Highway Patrol.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Wilson-
HB 553-A bill to be entitled An act relating to public
officers; amending 111.011(2) (a), Florida Statutes, 1970
Supplement, as created by chapter 70-230, Laws of Florida, to
provide that no statement of contributions and expenditures
shall be required to be filed by a public officer where there
have been no contributions or donations; providing an effective
date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representatives Earle, Mooney, H. W. Matthews, Gibson,
Sims, Gorman, and Milburn-
HB 554-A bill to be entitled An act relating to racing and
jai alai; amending 550.031, Florida Statutes, relating to the
limitation on number of charity days, to qualify said limitation
under specified circumstances; providing an effective date.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Hartnett-
HB 555-A bill to be entitled An act relating to banks and
trust companies; amending section 659.20(5) (c), Florida
Statutes; increasing the percent of unimpaired capital and
surplus that may be invested in small business investment
companies; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Hartnett-
HB 556-A bill to be entitled An act relating to banks and
trust companies; amending section 659.11(2), Florida Statutes;
authorizing directors' qualifying shares to be encumbered and
optioned; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Hartnett--
HB 557-A bill to be entitled An act relating to banks and
trust companies; amending section 659.11, Florida Statutes;
authorizing removal of directors by the commissioner; provid-
ing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



owned by the bank free of pledge and encumbrance and that
portion of the par value of eligible securities which is in excess
of the deposits to which pledged may be utilized in meeting
reserve requirements; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.
By Representative Hartnett-
HB 559-A bill to be entitled An act relating to banks and
trust companies; amending section 658.10(1), Florida Statutes;
establishing that records of the banking department are confi-
dential and that all reports of examination and investigation
are the property of the banking department; prohibiting
banks, their officers, directors, officials or employees from
making any part of report public except pursuant to court
order; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Hartnett-
HB 560-A bill to be entitled An act relating to industrial
savings banks; amending chapter 656, Florida Statutes, by
adding section 656.211, Florida Statutes; establishing that rec-
ords of the banking department are confidential and that all
reports of examination and investigation are the property of
the banking department; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Hartnett-
HB 561-A bill to be entitled An act relating to industrial
savings banks; amending section 656.121(2), F. S., to permit
directors' qualifying shares to be subject to encumbrances or
options; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Hartnett-
HB 562-A bill to be entitled An act relating to industrial
savings banks; amending section 656.121, Florida Statutes, by
adding subsection (5); authorizing removal of directors by the
commissioner pursuant to hearing and also emergency re-
moval; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Tobiassen-
HB 563-A bill to be entitled An act relating to driving
while under the influence of alcoholic beverages or narcotic
drugs; amending subsection (2) of section 317.201, Florida
Statutes, to require mandatory sentence on second or subse-
quent conviction; and providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Spicola-
HB 564-A bill to be entitled An act relating to cancellation
or nonrenewal of casualty insurance contracts; amending
627.0852(9) (c),(d) and (11), Florida Statutes; providing that
insurance contracts reinstated pursuant to an administrative
hearing shall take effect from the date of cancellation and
continue in effect thereafter; providing a fine for wrongfully
canceling or wrongfully refusing to renew an insurance con-
tract; excluding certain persons from exemption from suit
when furnishing the department information concerning the
cancellation or nonrenewal of an insurance contract; providing
an effective date.
--was read the first time by title and referred to the
Committee on Insurance.

By Representative Andrews (by request)-



SHB 565-A bill to be entitled An act relating to pest control;
amending 20.19(22) and 20.30(11), Florida Statutes, add-



ing the pest control commission to the department of pro-
fessional and occupational regulation and providing for the
function of the department of health and rehabilitative services
in relation to pest control regulation; amending, renumber-
ing and creating certain sections of chapter 482, Florida
Statutes, providing for the regulation of pest control in the
state; providing definitions; creating the pest control commis-
sion within the department of professional and occupational
regulation; creating the pest control technical council within
the department of health and rehabilitative services; providing
rule-making authority; providing for the issuance of licenses,
collection of fees, enforcement, and inspection by the depart-
ment of health and rehabilitative services; authorizing the pest
control commission to issue operators' certificates, prescribe
examinations, collect fees, conduct hearings, and discipline op-
erators and licensees; providing a statute of limitations and
judicial review; providing li; en rights; providing exemptions;
providing a grandfather clause; providing for transfer of
funds; repealing 482.182 and 482.231, Florida Statutes, re-
lating to fogging machines and offenses committed prior to
an earlier amendatory act; providing an effective date.
-was read the first time by title and referred to the
Committees on Manpower & Development and Appropriations.

By Representatives Poorbaugh, Hazelton, and Sykes-
HB 566-A bill to be entitled An act relating to public
school transportation; amending 236.05(1), Florida Statutes,
to provide that public school pupils subjected to hazardous
circumstances may be transported to public schools at public
expense within the two (2) mile limitation for such transporta-
tion; creating 236.051, Florida Statutes, to create a district
school board transportation advisory council within each
school district to advise the district school board as to whether
pupils are subjected to hazardous circumstances qualifying
them for such transportation; providing criteria; authorizing
the district school boards to adopt appropriate rules and regu-
lations; providing an appropriation; providing an effective
date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Cherry-
HB 567-A bill to be entitled An act relating to abortion;
providing definitions; prohibiting abortions in this state unless
performed under certain requirements and conditions;
providing a residency requirement; providing for consent by
certain persons and hospital participation; providing penalties
for the performance of a criminal abortion; providing specifi-
cally for the voluntary nature of the act; providing a severa-
bility clause; repealing sections 782.10 and 797.01, Florida
Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Cherry-
HM 568-A memorial to the Congress of the United States
requesting Congress to call a constitutional convention for the
purpose of proposing an amendment to the United States
Constitution which would guarantee equal rights for women.
-was read the first time by title and referred to the
Committee on General Legislation.

HB 569-Withdrawn

By Representative Harllee-
HB 570-A bill to be entitled An act relating to administra-
tion of small estates; amending 735.04(2), Florida Statutes,
to provide that the county judge may dispense with adminis-
tration upon any estate not exceeding fifteen thousand dollars
($15,000); providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.



HB 571-Withdrawn



46



April 6, 1971









JOURNAL OF THE HOUSE



SBy Representative Lancaster-
HB 572-A bill to be entitled An act relating to mobile
homes; amending 320.822(5), 320.823, 320.824, 320.82(5,
320.826, 320.827 and 320.828, Florida Statutes; providing for
the application of standards found in Chapter 25, Southern
Building Code, 1969 Edition, to all mobile homes over eight (8)
feet in width; providing for inspection of all mobile homes
to comply therewith; providing a fee for inspection; amending
320.829, Florida Statutes, as amended by chapter 70-219,
Laws of Florida; providing for a building fee to be paid local
building departments; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation, Finance & Taxation, and
Appropriations.

By Representatives Gautier, Whitworth, David Clark, Crab-
tree, Hartnett, Craig, and Gallen-
HB, 573-A bill to be entitled An act relating to limitation
of actions; amending section 95.11 (6), Florida Statutes, to
provide that actions to recover damages for injuries to the
person arising out of any medical, dental or surgical treatment
or operation must be brought within two (2) years; provid-
ing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Moudry, Reed, Sykes, David Clark, Hazel-
ton, and Poorbaugh-
HB 574-A bill to be entitled An act amending section
550.291, Florida Statutes, relating to greyhound and harness
racing and jai-alai frontons; increasing the number of racing
days which the racing commission may allocate to certain
greyhound or jai-alai permittees; providing an effective date.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Featherstone-
HB 575-A bill to be entitled An act relating to appropriat-
ing the sum of one hundred thousand dollars ($100,000.00) to
the probation and parole commission to be used to compensate
persons engaging in those activities authorized by Section
947.081, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.

By Representative Dick Clark-
HB 576-A bill to be entitled An act relating to alcoholic
beverage administration; limiting the number of licenses held
by licensees; amending section 561.20, Florida Statutes, by
creating subsection (8); providing that certain bonafide estab-
lishments are exempted; providing an effective date.
--was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

HB 577-Withdrawn

By Representative Reeves--
HB 578-A bill to be entitled An act relating to the award
of attorney's fees in divorce actions and actions for alimony
and support unconnected with divorce; providing that attor-
ney's fees shall not be awarded to wives unless it would
constitute an extreme hardship not to do so; providing an
effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Harris-



HB 579-A bill to be entitled An act relating to secured
transactions; amending 679.503, Florida Statutes; providing
a thirty (30) day notice requirement prior to repossession of
collateral by secured party and providing the debtor with an



April 6, 1971



"By Representative Gillespie-
HB 586-A bill to be entitled An act relating to motor
vehicle insurance; repealing section 11 of chapter 71-3, Laws of
Florida, which section provides that certain sections of the



OF REPRESENTATIVES 47

opportunity to cure an item of default within the thirty (30)
day period; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Harris-
HB 580-A bill to be entitled An act relating to landlords
and tenants; creating 83.271, Florida Statutes, to provide for
protection of tenants from certain action by landlords when
said tenants report a violation or suspected violation of a
health or building code; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Harris-
HB 581-A bill to be entitled An act relating to replevin;
amending 78.01, Florida Statutes, to provide that a hearing
be held to determine creditor's rights to replevy consumer
goods which are subject to a security instrument before a writ
of replevin before judgment is issued to a creditor; providing
an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Thomas-
HB 582-A bill to be entitled An act relating to the powers
of county government; creating 125.011, Florida Statutes, to
provide that certain property shall not be subject to taxation
for services rendered by the county exclusively for the benefit
of property or residents in unincorporated or incorporated
areas; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Featherstone-
HB 583-A bill to be entitled An act relating to insurance;
amending Section 627.351, Florida Statutes, by adding subsec-
tion (8), creating a malpractice insurance risk apportionment
plan insuring licensed medical practioners; requiring all au-
thorized liability insurers to share in an apportionment plan
adopted; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Chapman-
HB 584-A bill to be entitled An act relating to school
teachers retirement compensation; amending section 238.07(16)
(b), Florida Statutes, to provide an increase in benefits for
widows of school teachers; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Gillespie-
HB 585-A bill to be entitled An act relating to insurance;
amending 627.062(2) (a), Florida Statutes; providing stand-
ards to determine whether certain rates are excessive; amend-
ing 627.072(1) (a), Florida Statutes, as amended by chapter
70-179, Laws of Florida; providing that a profit that is not
unreasonable in relation to the riskiness of the class of busi-
ness shall be used as a factor in determining rates; creating
627.082, Florida Statutes; providing procedures for the use
of a prior approval method of determining rates for a limited
time only; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.









48 JOURNAL OF THE HOUSE

insurance code relating to motor vehicle insurance filing re-
quirements and to the provisions for the implementation of
chapter 71-3, Laws of Florida, be automatically repealed on
November 1, 1971; providing an effective date.
-was read the first time by title and referred to the
Committee on Insurance.
By Representatives Earle, H. W. Matthews, Gorman, and
Gibson-
HB 587-A bill to be entitled An act relating to drugs;
amending 398.02(13)(a), Florida Statutes, to clarify the defi-
nition of narcotic drugs; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Earle, H. W. Matthews, Gorman, and
Gibson-
HB 588-A bill to be entitled An act relating to drug abuse;
making it unlawful to possess, sell or give away a hypodermic
syringe or needle except to authorized persons; requiring a
certificate for possession of a hypodermic syringe or needle
when necessary for treatment of injury, deformity or disease;
requiring destruction prior to discarding a hypodermic syringe
or needle; providing penalties; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Earle, Gorman, and Gibson-
HB 589-A bill to be entitled An act relating to drug
wholesalers and drug manufacturers; adding subsections (22)
and (23) to 500.03, Florida Statutes; creating 500.50 and
500.51, Florida Statutes; defining drug wholesaler and drug
manufacturer; providing for permits for drug wholesalers and
drug manufacturers; providing for notification and renewal of
permits; authorizing investigations by department of health
and rehabilitative services and department of law enforcement;
prohibiting use of titles of "drug wholesaler" or "drug
manufacturer" without a permit; authorizing the revocation
and suspension of permits; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representatives Earle, H. W. Matthews, Gorman, and
Gibson-
HB 590-A bill to be entitled An act relating to dangerous
drugs; creating 404.042, Florida Statutes, to prohibit the
giving or receiving of free samples of dangerous drugs; amend-
ing 404.05, Florida Statutes, to provide for the keeping of
records of all such dangerous drugs given or received as
samples; amending 404.06, Florida Statutes, to provide for
inspection of such records by duly authorized law enforcement
officers; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Earle, H. W. Matthews, Gorman, and
Gibson--
HB 591-A bill to be entitled An act relating to narcotic
drugs; creating 398.031, Florida Statutes, to prohibit the
giving or receiving of free samples of narcotic drugs; provid-
ing for the keeping of records of all such narcotic drugs given
or received as samples; providing for inspection of records by
duly authorized law enforcement officers; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Earle, Gorman, and Gibson--



HB 592-A bill to be entitled An act relating to the exemp-
tion of certain narcotic drugs; creating 398.091, Florida
Statutes, to provide an exemption for paregoric; repealing
398.09, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.



IE



OF REPRESENTATIVES April 6, 1971

By Representatives Earle, H. W. Matthews, Gorman, and
Gibson-
HB 593-A bill to be entitled An act relating to dangerous
dru-s; creating 398.121, Florida Statutes, to provide for the
safekeeping of dangerous drugs by apothecaries, wholesalers,
physicians and others; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representatives Earle, H. W. Matthews, Gorman, and
Gibson-
HB 594-A bill to be entitled An act relating to dangerous
drugs; amending 404.01(7), Florida Statutes, to include podi-
atrist among listed practitioners; creating 404.051, Florida
Statutes, to provide for the safekeeping of dangerous drugs by
pharmacies, wholesalers, and practitioners; providing an ef-
fective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representatives Earle, H. W. Matthews, Gorman, and
Gibson-
HB 595-A bill to be entitled An act relating to the uniform
narcotic drug law; repealing 398.09, Florida Statutes, which
provides specific exemptions from the regulation of narcotic
drugs by chapter 398, Florida Statutes; providing an effective
date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Nichols-
HB 596-A bill to be entitled An act relating to the compen-
sation of Judges of all Criminal Courts of Record, Civil Courts
of Record, Criminal and Civil Courts of Record, Courts of
Record and Felony Courts of Record; repealing Section 32.07
of the Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representative Andrews-
HB 597-A bill to be entitled An act relating to salt water
fishing; creating section 370.30, Florida Statutes, requiring a
license to fish the salt waters of the state for commercial or
noncommercial purposes; providing fees for such licenses;
providing for all licenses to be issued by the division of marine
resources, the county judges' office or certain designated
subagents; authorizing the department of natural resources to
promulgate necessary rules and regulations; requiring posses-
sion of license while fishing in salt waters of the state;
creating salt water resources trust fund to be administered by
the division of marine resources; providing for the collection
and distribution of such money; providing penalties; providing
an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources, Finance & Taxation and Ap-
propriations.

By Representative Andrews-
HB 598-A bill to be entitled An act relating to net fishing;
prohibiting the use of nets for taking salt water fish in certain
fresh water areas; providing an effective date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Andrews-



HB 599-A bill to be entitled An act relating to salt water
fish; amending section 370.11(2), Florida Statutes, imposing a
bag limit and eliminating regulations as to length; providing
an effective date.
-was read the first time by title and referred to the
Committee on Natural Resources,









JOURNAL OF THE HOUSE



By Representative Poorbaugh-
HB 600-A bill to be entitled An act relating to the depart-
ment of health and rehabilitative services; providing an appro-
priation for the drug abuse program established by chapter
397, Florida Statutes, 1970 Supplement, for the preparation of
drug abuse prevention tapes or movies for media distribution
and for the evaluation thereof; providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Renick-
HB 601-A bill to be entitled An act relating to salt water
fisheries and conservation; amending 370.111(3), Florida
Statutes, to delete prohibition of possession by a person, firm,
or corporation of more than two (2) days bag limit of snook;
providing an effective date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representatives Fulford, Gibson, and Gorman-
HB 602-A bill to be entitled An act relating to saltwater
fisheries; adding paragraph (e) to 370.11(3), Florida
Statutes, to provide allowable periods for commercial shad
fishing; providing definitions; prohibiting use of certain nets
by sports fishermen; providing bag limit for noncommercial
fishermen; providing penalties; providing an effective date.
-was read the first time by title and referred to the
Committee on Natural Resources.

By Representative Hartnett-
HB 603-A bill to be entitled An act relating to the board of
examiners of landscape architects; amending 481.011(2),
(3) and (4), and 481.081, Florida Statutes, providing defini-
tions; providing for the registration of corporations and part-
nerships under the landscape architects law; providing an ef-
fective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Spicola-
HB 604-A bill to be entitled An act relating to environmen-
tal control; creating the environmental impact study law of
1971; providing that construction projects shall not be under-
taken until a thorough environmental impact study has been
conducted and a permit granted by the department of air and
water pollution control; providing for the designating of envi-
ronmental impact study offices within the department of natu-
ral resources, the game and fresh water fish commission, and
the department of air and water pollution-control; providing
for the types of construction projects to be covered by this act;
providing for the granting of permits and factors to be
considered; providing for publication of study findings and
recommendations made by environmental impact study offices,
and that such publications shall be presented to the legislature;
providing for enforcement procedures and penalties; provid-
ing for judicial review of action taken by the department of air
and water pollution control; providing an effective date.
-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.

By the Committee on Agriculture & Citrus and Representa-
tive Burke-
HB 605-A bill to be entitled An act relating to permits to
operate motor vehicles for hire; adding subsection (7) to
323.05, Florida Statutes, to include for hire transportation of
shell eggs and poultry in the provisions for such permits;
providing an effective date.



-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.



April 6, 1971



be transferred to the department of general services; providing
an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.



OF REPRESENTATIVES 49

By the Committee on Agriculture & Citrus-
HB 606-A bill to be entitled An act relating to stamped or
marked egg containers; amending chapter 506, Florida
Statutes, by adding sections 506.46, 506.47, 506.48, 506.49,
506.50, 506.51, and 506.52, providing for registration of brand
names or marks of egg containers by persons engaged in
receiving and selling eggs in containers; providing for
procedure for registration; providing for issuance of certificate
and filing fee; prohibiting the illegal use of egg containers;
regulating the transportation of egg containers; providing that
deposits upon egg containers shall not be deemed a sale
thereof; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Agriculture & Citrus and Representa-
tive Hollingsworth-
HB 607-A bill to be entitled An act relating to eggs;
creating 583.022, Florida Statutes, making it unlawful for
producers or dealers to hold or store eggs above a certain
temperature; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative Reeves-
HB 608-A bill to be entitled An act relating to communica-
tions personnel, office furniture and equipment, records, func-
tions and systems responsibilities and unexpended appropria-
tions, allocations or other funds relating thereto; authorizing
and directing the department of administration to transfer any
state agency's communications personnel, office furniture and
equipment, records, functions and systems responsibilities and
any unexpended monies relating thereto to the division of
communications as necessary to achieve effective and economi-
cal communications services in accordance with chapter 287,
Florida Statutes; amending section 287.25, Florida Statutes, to
provide that the division of communications of the department
of general services shall receive said personnel, office furniture
and equipment, records, functions and responsibilities and
any unexpended monies relating thereto and proceed to consol-
idate the communications systems for all state agencies;
providing that the division of communications shall submit
written reports every six months concerning the transfer to the
division of communications personnel, office furniture and
equipment, records, functions and responsibilities and any
unexpended monies relating thereto; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency and
Appropriations.

By Representative Reeves-
HB 609-A bill to be entitled An act relating to electronic
data processing services; amending sections 23.027(8) and
23.028, Florida Statutes, to require approval of the division of
electronic data processing before the acquisition of data proc-
essing services by any state agency; authorizing and directing
the establishment of an EDP master plan; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency and
Appropriations.

By Representative Reeves-
HB 610-A bill to be entitled An act relating to the depart-
ment of general services and the board of regents; providing
that all the powers, duties and functions of the board of
regents and the institutions under the board of regents relating
to the appointment and employment of architects, the coor-
dination of design, the approval of plans, the supervision of
construction and the construction of buildings or additions to
or substantial modifications and alterations of buildings shall









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Glisson-
HB 611-A bill to be entitled An act relating to the trustee-
ship of Seminole Indian lands; adding a new section to desig-
nate the board of trustees of the internal improvement trust
fund as trustee for all Seminole Indian lands; amending par-
agraph (c) of subsection (5) of section 20.22, Florida Statutes,
and repealing section 285.02, Florida Statutes, to remove
said trusteeship from the department of general services;
amending subsection (1) of section 285.061, subsection (3) of
section 285.08 and section 285.14, Florida Statutes, to reflect
said change in trusteeship; providing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Glisson-
HB 612-A bill to be entitled An act relating to the Seminole
Indian Tribe as defined in section 285.08, Florida Statutes;
amending chapter 320, Florida Statutes, to require the depart-
ment of highway safety and motor vehicles to issue each year,
free of charge to any state agency or individual, the number of
automobile license plates required for use on automobiles
owned and operated by members of said tribe; requiring said
department to provide application forms and procedures;
providing an effective date.
-was read the first time by title and referred to the
Committees on Transportation, Appropriations and Finance &
Taxation.

By Representative Spicola--
HB 613-A bill to be entitled An act relating to pesticides
and pesticide research leading to the development of effective
biological and integrated controls of pest organisms; directing
the department of air and water pollution control to coordinate
the research program; providing definitions; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Environmental Pollution Control and Appropria-
tions.

By Representative Spicola-
HB 614-A bill to be entitled An act relating to air and
water pollution control; prohibiting the dumping or depositing
of certain material into the inland or coastal waters of this
state; prohibiting the transporting of certain materials through
the air, water or on the lands of this state for the purpose
of dumping or depositing of such materials into international
waters without prior approval from the department of air and
water pollution control; providing that the department shall
prescribe rules and regulations to carry out the provisions of
this act; providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Environmental Pollution Control and Appropria-
tions.

By Representative Spicola--
HB 615-A bill to be entitled An act relating to air and
water pollution control, amending Section 403.101, Florida
Statutes, by adding a new paragraph authorizing the depart-
ment of air and water pollution control to require the installa-
tion of monitoring devices; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Environmental Pollution Control.

By Representative Harris--
HB 616-A bill to be entitled An act relating to landlord and
tenant; creating 83.271, Florida Statutes, to provide that
all affirmative defenses be available to a tenant in certain
possessory actions; creating 83.281, Florida Statutes, to
provide that a warranty of habitability be implied in all hous-
ing contracts; providing an effective date.



-was read the first time by title and referred to the Com-
mittee on Judiciary.



By Representative Harris-
HB 617-A bill to be entitled An act relating to deposits of
moneys in the state treasury; amending 18.101, Florida
Statutes, to provide for special clearing accounts and special
clearing funds and appropriations therefrom as to transfers
and distributions required; providing for deposits of revolving
funds; providing for pledge of collateral to be security for
special clearing accounts and revolving fund accounts; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency and Ap-
propriations.

By Representative Harris-
HB 618-A bill to be entitled An act relating to workmen's
compensation; repealing subparagraphs 3. and 5. of paragraph
(c) of subsection (1) of 440.02, Florida Statutes, to eliminate
exceptions for agricultural labor, turpentine labor, and labor
in processing gum-spirits-of-turpentine, crude gum, oleoros-
in and gum rosin from the definition of "employment" under
the workmen's compensation law; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Manpower & Development.

By Representative Harris-
HB 619-A bill to be entitled An act relating to child labor;
creating 450.025, Florida Statutes, to provide minimum age
requirement for minors doing farm work during the hours
when the public schools are in session; amending 450.-
081(4) and 450.111(2) and (3), Florida Statutes, to provide
for elimination of farm work as an exemption from provisions
of chapter 450, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Harris-
HB 620-A bill to be entitled An act relating to the state
board of administration, deposits of money in the banks of the
state by said board; amending 18.10, Florida Statutes, to
require deposits of certain state funds in interest-bearing time
deposits at the highest interest rates available without unani-
mous consent of the state board of administration; permitting
investment of funds in United States treasury bills; requiring
the state treasurer to keep the board advised of the status of
all state money invested; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Cherry-
HM 621-A memorial to the Congress of the United States
to urge the establishment of a department of early childhood
development at the cabinet level and a national system for
providing cross-cultural, participatory experiences for all chil-
dren.
-was read the first time by title and referred to the Com-
mittee on General Legislation.

By Representative Cherry-
HB 622-A bill to be entitled An act relating to local
government; creating 167.79, Florida Statutes, authorizing
the voluntary adoption of rent control legislation by a munici-
pality; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Reeves-
HB 623-A bill to be entitled An act relating to beverage
taxes; repealing section 561.46(10), Florida Statutes, allowing
credit to distributors of malt beverages or beer; providing an
effective date.



-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.



50



April 6, 1971









JOURNAL OF THE HOUSE



By Representative Reeves-
HB 624-A bill to be entitled An act relating to beverage
taxes; repealing section 561.505, Florida Statutes, allowing
credit or discounts to distributors of spirituous beverages;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Reeves-
HB 625-A bill to be entitled An act relating to beverage
taxes, repealing section 561.46(9), Florida Statutes, allowing a
discount to manufacturers or bottlers of wine; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 626-A bill to be entitled An act relating to taxation;
repealing sections 624.0310, 624.0311 and 624.0312, Florida
Statutes, which relate to exemptions, credits and deductions
from the insurance premium tax; providing an exception for
certain existing insurance contracts; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 627-A bill to be entitled An act relating to tax on sales,
admissions, use, storage, consumption, or rentals levied pur-
suant to chapter 212, Florida Statutes; repealing 212.08(3) (a),
Florida Statutes, as amended by chapter 70-206, Laws of Flor-
ida, to eliminate partial exemption from tax on motor vehicles
and certain farm equipment; amending 212.08(3) (b), Florida
Statutes, by increasing from three percent (3%) to four per-
cent (4%) the value of leased motor vehicles at which the
exemption shall commence; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 628-A bill to be entitled An act relating to tax on
sales, use and other transactions; amending chapter 212, Flor-
ida Statutes, by adding section 212.083 to authorize and
provide for refunds of taxes paid by nonprofit religious, educa-
tional and charitable institutions; amending subsection
212.15(1) to provide that sales taxes collected from nonprofit
religious, educational and charitable institutions shall not be-
come state funds upon collection; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Turlington (by request)-
HB 629-A bill to be entitled An act relating to taxation;
repealing section 561.463, subsections 561.461(2) and 561.64(2)
and paragraphs 561.46(2)(b), 561.46(5)(b) and 561.46(6)(b),
Florida Statutes, which provide exceptions from the excise
taxes on alcoholic beverages for certain beverages made from
Florida grown products; amending subsections 561.46(3) and
(4), Florida Statutes, to delete the exceptions given certain
beverages made from Florida grown products; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 630-A bill to be entitled An act relating to taxation;
providing for revision of the state, county and municipal li-
cense taxes on dealers in alcoholic beverages; repealing section
561.36 and subsection 561.26(2), Florida Statutes; amending
subsections 561.34(1), (2), (3), (6) and (7), Florida Statutes;



amending section 561.35, Florida Statutes; adding new section
561.342, Florida Statutes, to provide for county and municipal
licenses; providing an effective date.



April 6, 1971



HB 637-A bill to be entitled An act relating to tax on sales,
admissions, use, storage, consumption, or rentals pursuant
to chapter 212, Florida Statutes; repealing subsections (1),
(2), (3) and (7) of section 212.17, Florida Statutes, to elimi-
nate tax credits or refunds on repossessions or bad debts;
renumbering subsections (4), (5) and (6) of said section as
(1), (2) and (3); amending 212.05 (5) Florida Statutes, to
eliminate provision making 212.17 (5), Florida Statutes, ap-
plicable to tax on certain charges; providing an effective date.



OF REPRESENTATIVES 51

-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 631--A bill to be entitled An act relating to taxation of
non-cigarette tobacco products; adding new section 210.021,
Florida Statutes, to provide for the levy and rate of taxation;
providing for administration, penalties and procedures; provid-
ing an effective date.
--was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 632-A bill to be entitled An act relating to tax on sales,
admissions, use, storage, consumption, or rentals levied pursuant
to chapter 212, Florida Statutes; amending section 212.05(6),
Florida Statutes, to increase the tax on the sale, rental, use,
consumption or storage for use in this state on certain industrial
equipment to four percent (4%); providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 633-A bill to be entitled An act relating to tax on sales,
admissions, use, storage, consumption, or rentals imposed
pursuant to chapter 212, Florida Statutes; repealing 212.09,
Florida Statutes, to delete the provision for the deduction of
amounts allowed on trade-ins from the sales price of articles
sold; conforming 212.02(4) and 212.08(3) (c), Florida Statutes,
by deleting reference to trade-ins; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 634-A bill to be entitled An act relating to tax on sales,
admissions, use, storage, consumption or rentals levied pur-
suant to chapter 212, Florida Statutes; amending 212.08(3) (b),
Florida Statutes, to eliminate sales tax exemption on motor
vehicles purchased exclusively for rental purposes; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 635-A bill to be entitled An act relating to taxation;
amending subsection 212.08(7), Florida Statutes, to provide an
exemption from sales and use taxes for household utilities;
providing definitions; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-
HB 636-A bill to be entitled An act relating to tax on sales,
admissions, use, storage, consumption or rentals imposed
pursuant to chapter 212, Florida Statutes; amending
212.05(3), Florida Statutes, and 212.08(6), Florida Statutes,
as amended by chapter 70-373, Laws of Florida, by deleting
tax exemption on film rentals where admissions are charged;
providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Turlington (by request)-










JOURNAL OF THE HOUSE



-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Spicola-
HB 638-A bill to be entitled An act relating to air pollution
control; creating 317.632, Florida Statutes; providing law
enforcement officers with the authority to require motorists
with excessive visible exhaust emissions to have the vehicle
inspected and tested within a specified time; providing penal-
ties; amending 325.19(2), Florida Statutes, as amended by
chapter 70-351, Laws of Florida; providing for the testing of
exhaust systems for excessive visible emissions under rules
adopted by the department of air and water pollution control;
providing an effective date.

-was read the first time by title and referred to the Com-
mittees on Environmental Pollution Control and Appropriations.

By Representative Spicola-
HB 639-A bill to be entitled An act relating to common
carriers; adding subsection (4) to 323.06, Florida Statutes, to
require all common carriers to have liability insurance with
coverage of certain specified amounts; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Spicola-
HB 640-A bill to be entitled An act relating to front
windshields on all motor vehicles except motorcycles and im-
plements of husbandry; amending section 317.651, Florida
Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Spicola-
HB 641-A bill to be entitled An act relating to head lamps
on motorcycles; requiring head lamps to be turned on and
shining at all times a motorcycle is in operation on a public
highway or roadway; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Zinkil-
HB 642-A bill to be entitled An act relating to municipal
utility services; amending 159.17, Florida Statutes, relating
to liens for service charges on lands served by such services
constructed through the issuance of revenue bonds, to limit the
lien of a municipality for utility services to such services
which are rendered to the owner of the property upon which a
lien is claimed, or rendered upon the written request of such
owner; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Hazelton-
HB 643-A bill to be entitled An act relating to the parole
and probation commission; amending section 947.13, Florida
Statutes, to authorize appointment of deputy parole commis-
sioners; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Hazelton-
HB 644-A bill to be entitled An act relating to parole;
amending 947.19, Florida Statutes, to require any person



paroled to pay a percentage of his weekly salary to the parole
and probation commission beginning sixty (60) days from the
effective date of his parole until the expiration of his sentence;
prohibiting the use of such funds for other than the supervi-
sion of said parolee by the commission during such period of
parole; providing an effective date.



SOF REPRESENTATIVES April 6, 1971

-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Hazelton-
HB 645-A bill to be entitled An act relating to the division
of corrections; amending 945.091(1)(b), Florida Statutes, to
permit prison inmates to engage in the work release program
during the last twelve (12) months of confinement; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Lancaster-
HB 646-A bill to be entitled An act relating to the Town of
Wellborn, Suwannee County; incorporating said municipality
and defining its territorial boundaries; providing for its
government, powers, franchise, privileges, and jurisdiction;
providing an effective date subject to a referendum.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative J. R. Clark-
HB 647-A bill to be entitled An act relating to the election
laws of the state; amending subsection (1) of 101.62, Florida
Statutes, as amended by chapter 70-93, Laws of Florida, and
101.62(2) and (3), 101.63, and 101.65(1), Florida Statutes;
amending application for absentee ballots, time, and form;
deleting requirement that supervisor shall publish list of
absentee electors; amending manner and time of delivery of
absentee elector's ballot to supervisor; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative J. R. Clark-
HB 648-A bill to be entitled An act relating to the election
laws of the state; amending 98.311 and 98.312, Florida
Statutes; deleting requirement that county judge furnish the
department of state with list of mentally incompetent persons
and the clerk furnish the department of state with list of
persons convicted of felonies; deleting requirement that depart-
ment of state compile lists of names for monthly distribution
to supervisor of elections; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Andrews-
HB 649-A bill to be entitled An act relating to personnel;
authorizing and directing the administration commission to
delegate authority to the Florida board of regents for adminis-
tration of the career service classification and pay plan as it
relates to state university system personnel; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Thomas-
HB 650-A bill to be entitled An act relating to license tags;
creating 320.0612, Florida Statutes, to permit members of
armed forces reserve units to purchase for an additional ten
dollar ($10) fee, Florida automobile license tags designated
"U. S. Navy Reservist," "U. S. Army Reservist," "U. S. Air
Force Reservist," "U. S. Marine Reservist," whichever is appli-
cable; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Finance & Taxation.

By Representative Winn-



HB 651-A bill to be entitled An act relating to public
schools; amending 232.27, Florida Statutes, to provide that
teachers may not inflict corporal punishment upon a pupil
without the prior written consent of the parent or legal
guardian; providing an effective date.











-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Winn-
HB 652-A bill to be entitled An act relating to revocation
of drivers' licenses; amending 322.28(2)(a), Florida Statutes,
to provide for six (6) months' revocation of driver's license
upon first conviction of driving while intoxicated; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Powell-
HB 653-A bill to be entitled An act relating to taxation;
amending subsection 167.431(1), Florida Statutes, relating to
the grant of authority to municipalities to levy a municipal tax
upon utility services; providing a requirement for uniform
rate of tax; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Reed-
HB 654-A bill to be entitled An act relating to the collec-
tion of municipal taxes; adding subsection (6) to 167.434,
Florida Statutes, to allow municipalities, by ordinance, to col-
lect taxes on property assessed by the county assessor; provid-
ing an effective date.
-was read the first time by title and referred to the
Committees on Community Affairs and Finance & Taxation.

By the Committee on Health & Rehabilitative Services-
HB 655-A bill to be entitled An act relating to adoptions of
hard-to-place children; providing a program to encourage
such adoptions; providing for administration of program by
division of family services of department of health and rehabil-
itative services; providing for waiver of adoption fees and
funding of program; providing for financial and medical assist-
ance; retaining eligibility of child for services of department;
providing an appropriation; providing an effective date.
-was read the first time by title and referred to the
Committee on Appropriations.

By the Committee on Health & Rehabilitative Services-
HB 656-A bill to be entitled An act relating to food and
nutrition; creating a coordinating council to be known as the
food and nutrition state council; providing for membership and
duties of the council; authorizing rules for implementation
of act; providing an appropriation; providing an effective
date.
-was read the first time by title and referred to the
Committee on Appropriations.

By Representative H. W. Matthews-
HB 657-A bill to be entitled An act relating to nonpublic
elementary and secondary schools; providing for tuition grants
to the parents or guardians of children attending qualified
nonpublic schools; directing the state board of education to
make regulations for the effectuation of the act; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Sessums-
HB 658-A bill to be entitled An act relating to public
schools; amending 231.171 and 236.0711(1), Florida Stat-
utes, to require district school boards to notify parents in
writing of those teachers who are not properly certified;
providing an effective date.



-was read the first time by title and referred to the
Committee on Education.



By Representative Sackett-
HB 659-A bill to be entitled An act relating to athletic
contests; allowing state, county and municipal bodies to pre-
vent broadcasting blackout of certain sports events staged
within state, county or municipal facilities; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Shreve-
HB 660-A bill to be entitled An act relating to exhibition of
motion pictures harmful to minors; amending section
847.013(2), Florida Statutes, removing references to monetary
consideration; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Gallen-
HB 661-A bill to be entitled An act relating to retirement;
amending 10(1) and (4), chapter 70-112, Laws of Florida,
appearing as 121.101(1) and (4), Florida Statutes, 1970 Sup-
plement, to provide that the cost-of-living adjustment of bene-
fits provided for therein shall be made applicable to all retirees
and the beneficiaries of all deceased retirees; providing an
effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Spicola-
HB 662-A bill to be entitled An act relating to abandoned
motor vehicles; amending 705.01, 705.02 and 705.16, Florida
Statutes, to omit reference to motor vehicles as abandoned
property; creating 705.17, Florida Statutes, to provide for
the orderly collection and disposition of abandoned motor
vehicles; creating 317.836, Florida Statutes, to provide that is
is unlawful to leave any motor vehicle abandoned on public
property; providing penalties; providing an effective date.
-was read the first time by title and referred to the
Committees on Environmental Pollution Control and Appropria-
tions.

By Representative Featherstone-
HB 663-A bill to be entitled An act relating to the Florida
cosmetology law; amending section 477.27(7), Florida Stat-
utes, removing certain exemptions from the penalty provi-
sion; excepting cosmetology-oriented boutiques from the pen-
alty provision; providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Powell-
HB 664-A bill to be entitled An act relating to oysters and
shellfish regulation; amending 370.16(3) and (4), Florida
Statutes, to include closed oyster and clam season; providing
for leases to be marked according to the standards set out in
371.521, Florida Statutes; providing authorization for the
division to stipulate marker and corner posts to be used;
providing increased penalty; providing for a rent increase;
providing authorization for the division to stipulate size of
cultch materials; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Finance & Taxation.

By Representative Baker-
HB 665-A bill to be entitled An act relating to mental
health; providing intent and definitions; transferring 402.10,
Florida Statutes, to chapter 394, Florida Statutes, and amend-
ing said section to prescribe operation and administration of
division of mental health; providing rights of patients and
habeas corpus; providing procedures for admission and dis-



charge of patients; providing for receiving and treatment facil-
ities; prescribing procedure for evaluation of patients in invol-



April 6, 1971



JOURNAL OF THE HOUSE OF REPRESENTATIVES



53









54 JOURNAL OF THE HOUSE

untary admissions and for court hearings; validating prior
hospitalizations and providing for annual review of patients;
amending 744.31, Florida Statutes, relating to appointment
of guardians, incompetency procedure, and restoration to com-
petency; repealing 394.01, 394.011, 394.012, 394.013, 394.02,
394.03, 394.031, 394.04, 394.05, 394.06, 394.07, 394.08, 394.09,
394.10, 394.11, 394.12, 394.13, 394.14, 394.15, 394.16, 394.17,
394.18, 394.191, 394.192, 394.20, 394.201, 394.23, 394.25, 394.251,
394.26, 394.27, 394.271, 394.272, 394.39, 394.40, 394.41, 394.42,
394.43, and 394.45, Florida Statutes, and 394.22 and 394.24,
Florida Statutes, as amended by chapter 70-432, Laws of
Florida, relating to administration and personnel of state
hospitals, custody, transportation, voluntary and involuntary
admission of patients, patients' payments and correspond-
ence, posting of law and punishment for violations, defini-
tions, penalty for improper hospitalization, compensation for
services, minimum age of persons committed and persons not
receivable, transfer of patients to Sunland Centers, adjudica-
tion of incompetency, additional residence requirements, dieti-
tians, training program, trial visits, and habeas corpus; provid-
ing an effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representatives Spicola, Shreve, and Tubbs-
HCR 666-A concurrent resolution creating a joint interim
committee to conduct a full scale investigation and review of
the activities of those state agencies charged with water
resource management and to study and develop possible legis-
lation redesigning, restructuring and redirecting such agencies
in conformity with the environmental protection intent ex-
pressed in federal and state law, and authorizing the making of
findings of fact, reports and recommendations.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Whitworth-
HB 667-A bill to be entitled An act relating to legislative
apportionment; providing that the required joint resolution of
apportionment shall provide for a house of representatives of
no more than one hundred (100) members; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By the Committee on Business Regulation-
HB 668-A bill to be entitled An act relating to hotels and
restaurants; amending 509.091, 509.211(5) (f) and (6),
509.221(3), 509.241(2)(a), (3) and (4), and 509.292; deleting
obsolete references to the hotel commissioner and deputy hotel
commissioner; deleting obsolete reference to the code of na-
tional fire underwriters; providing for the use of green lights
at fire escape openings; deleting obsolete screen requirements;
deleting language relating to food service establishments; stat-
ing that licenses are not transferable from one place or
individual to another; deleting the license application grace
period; including misrepresentation of oleomargarine, fruit and
fruit juice under existing penalty provision for misrepresent-
ing seafood and seafood products; repealing 509.231 relat-
ing to notice for butter substitutes; and providing an effective
date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative Miers--
HCR 669-A Concurrent Resolution requesting the Board of
Regents to name the Engineering Science Building at the
Florida State University in honor of Dr. Grover Lee Rog-
ers.
-was read the first time by title and referred to the
Committee on General Legislation.



By Representative Hector-
HB 670-A bill to be entitled An act relating to the preven-
tion of certain communicable diseases; requiring the division of



I]



HB 676-A bill to be entitled An act relating to public
business; creating 286.015, Florida Statutes; providing that
public notice be posted in a conspicuous place before all meet-
ings of any public body; providing exceptions; providing an
effective date.



E OF REPRESENTATIVES April 6, 1971

health, department of health and rehabilitative services, to
establish rules and regulations regarding compulsory vaccina-
tions of children before entrance into the public school system
with certain exceptions, requiring immunization or testing for
certain diseases; adding subsection (3) to 232.031, Florida
Statutes, as amended by chapter 70-73, Laws of Florida, to
establish immunization or testing requirements for school ad-
mittance; providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropria-
tions.

By Representative David Clark-
HB 671-A bill to be entitled An act relating to licensing of
physicians; amending Section 485.05, Florida Statutes, by add-
ing subsection (4) thereto; providing for waiver of written
examination; providing for certain qualifications; providing
for limiting medical practice to the care of the aged under the
provisions of Medicare and Medicaid; providing for an effec-
tive date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Baumgartner-
HB 672-A bill to be entitled An act for the relief of Mr.
and Mrs. Aldo Carcano; providing an appropriation to compen-
sate them for losses sustained as a result of action of the state
board of medical examiners; providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Trombetta-
HB 673-A bill to be entitled An act relating to the
Florida cosmetology law; creating the position of assistant
cosmetologist; providing for qualifications, licensing, supervi-
sion, and examinations thereof; creating 477.041 and
477.071, Florida Statutes; adding subsection (4) to 477.03,
Florida Statutes; adding a new subsection (5) to 477.08,
Florida Statutes; amending 477.02(1) and (6), 477.09(4),
477.10(1), 477.11, 477.12(2), 477.14(1) and (2), 477.17(1),
477.23(1)(a) and 477.27(14), Florida Statutes, to conform with
this act; providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Reed-
HB 674-A bill to be entitled An act relating to intangible
personal property taxation; amending 199.101, Florida
Statutes, as amended by chapter 70-59, Laws of Florida, to
require all persons required to file an intangible personal
property tax return to include therein the taxpayer's federal
social security number; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Powell-
HB 675-A bill to be entitled An act relating to oysters and
shellfish regulation; amending 370.16(6), Florida Statutes;
providing that leases shall be transferable only with the ap-
proval of the division of marine resources; providing that the
transferee shall pay a transfer fee; providing that there shall
be no transfer of a lease until the lease is at least two (2)
years old and the lessee has complied with the statutory
cultivation standards; providing an effective date.
--was read the first time by title and referred to the
Committees on Natural Resources and Finance & Taxation.

By Representative Powell-








JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the misdemeanor; providing penalties; providing an effective
Committee on Governmental Organization & Efficiency. date.



By Representatives Shaw, Andrews, Tittle, Martinez, Turling-
ton, Fortune, Santora, MacKay, Alvarez, Lancaster, Tillman,
Murphy, Mixson, Mattox, Brown, Walker, Glisson, and Randell-
HB 677-A bill to be entitled An act relating to electric
cooperative corporations, amending 425.22 and 425.29, Florida
Statutes, providing for disposition of property of electric coop-
erative corporations, and providing for the pledge or mortgage
of property of electric cooperative corporations to secure
debts or obligations to the United States of America or to any
other corporation, person or entity lending money or credit
to such cooperative; also providing for exemption from the
sale of securities law for any note, bond or other evidence of
indebtedness issued by a rural electric cooperative or foreign
corporation transacting business under Chapter 425 and
providing for the exemption of any mortgage deed or trust or
any other security agreement executed to secure any of the
same; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Forbes-
HB 678-A bill to be entitled An act relating to the Florida
retirement system; amending 2(15) of chapter 70-112, La. s
of Florida, appearing as 121.021(15), Florida Statutes, 1970
Supplement, to include public defenders, their investigators and
staff as special risk members of said system; providing an
effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Forbes-
HB 679-A bill to be entitled An act relating to service of
process; amending 48.021, Florida Statutes, to allow public
defenders and their investigators to serve process under certain
conditions; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Forbes-
HB 680-A bill to be entitled An act relating to public
defenders; adding a new section to chapter 27, Florida
Statutes, to delineate procedure when a case receives a change
of venue; providing an effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representative Forbes-
HB 681-A bill to be entitled An act relating to public
defenders; amending 27.59, Florida Statutes, to provide the
public defender access to prisoners in order to tender them
advice and counsel upon affirmation of insolvency; providing
an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Forbes-
HB 682-A bill to be entitled An act relating to larceny;
amending 811.021(2) and (3), Florida Statutes, relating to
value of property stolen, to delineate grand and petit larceny;
providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Forbes-
HB 683-A bill to be entitled An act relating to escaped
prisoners; amending 944.40, Florida Statutes, which provides
a penalty for escape or attempted escape from confinement;
specifying that escape from confinement for a felony is a
felony, and escape from confinement for a misdemeanor is a



-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Forbes-
HB 684-A bill to be entitled An act relating to prison
sentences; amending 921.161(1), Florida Statutes, as
amended by chapter 70-339, Laws of Florida, to provide that
no sentence to imprisonment shall begin to run before it is
imposed; providing for mandatory credit toward service of
sentence for any days spent in custody in connection with the
offense or acts for which sentence was imposed; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Forbes-
HB 685-A bill to be entitled An act relating to the Florida
electronic repair act; amending 2 of chapter 70-111, Laws of
Florida, appearing as 468.151, Florida Statutes, 1970 Supple-
ment, to provide a definition of "technician" and "electronic
equipment"; amending 3 and 4 of chapter 70-111, Laws of
Florida, appearing as 468.153, Florida Statutes, 1970 Supple-
ment, to include technicians within the regulatory power of the
division of general regulation; amending 6 of chapter
70-111, Laws of Florida, appearing as 468.155, Florida
Statutes, 1970 Supplement, to provide registration procedures
for technicians; creating 468.1551, Florida Statutes, to
provide for examinations for technician certificates and
procedures therefore; amending 11 of chapter 70-111, Laws of
Florida, appearing as 468.156, Florida Statutes, 1970 Sup-
plement, to provide for fees; providing an effective date.
-was read the first time by title and referred to the
Committees on Manpower & Development and Appropriations.

By Representative Forbes-
HB 686-A bill to be entitled An act relating to the career
service system; amending 110.051(2) (j), Florida Statutes,
relating to exemptions, by deleting the provision that the
department of administration may set the salary of officers
and employees of the judicial branch of government; providing
an effective date.
-was read the first time by title and referred to the
Committees on Judiciary and Appropriations.

By Representative Birchfield-
HB 687-A bill to be entitled An act relating to the sales
and use tax; amending section 212.08(6), Florida Statutes,
relating to tax on sales, rental, use, consumption, or storage
for use in any political subdivision or municipality in this state
of machines and equipment and parts and accessories there-
for used in the generation of electrical energy by systems
owned and operated by a political subdivision in this state;
providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative David Clark-
HB 688-A bill to be entitled An act relating to the Office of
the Public Defender; amending section 27.51 (4)(d), Florida
Statutes, to provide for changing of the words "ninth judicial
circuit" to "fifteenth judicial circuit"; providing an effective
date.
--was read the first time by title and referred to the
Committee on Judiciary.

By Representative Grizzle-
HB 689-A bill to be entitled An act relating to the election
laws of the state; amending 97.041(1) and 101.49(1), Flor-
ida Statutes; amending qualifications to register; amending
procedure to be followed by election officers where signatures
differ; providing an effective date.



55



April 6, 1971









56 JOURNAL OF THE HOUSE

-was read the first time by title and referred to the
Committee on Elections.

By Representative Harris-
HB 690-A bill to be entitled An act relating to food
manufacturing, processing and packaging; creating 500.121,
Florida Statutes, to authorize the department of agriculture
and consumer services to impose fines against or revoke or
suspend permits of food manufacturers, processors or packers
for violation of food quality and sanitation and consumer
protection provisions of chapter 500, Florida Statutes; provid-
ing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Appropriations.

By Representative Kennelly-
HB 691-A bill to be entitled An act relating to consumer
credit financing; amending 520.35(3), Florida Statutes, relat-
ing to revolving accounts, and 659.181, Florida Statutes,
relating to bank loans and credit cards, to provide for the
reduction of the maximum allowable interest rates to not more
than twelve percent (12%) per year and to require that said
rates be computed on the average daily unpaid balance;
providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

HB 692-Withdrawn

By the Committee on Community Affairs-
HB 693-A bill to be entitled An act relating to county
government; providing for the powers of boards of county
commissioners; repealing enumerated sections of the Florida
statutes relating to the powers of county governments; amend-
ing sections 129.08 and 129.09, Florida statutes; providing
severability; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Community Affairs-
HJR 694-A joint resolution proposing an amendment to
article VIII, section 2, of the state constitution; providing
home rule to municipalities.
-was read the first time and placed on the Calendar without
reference.

By Representative Craig-
HB 695-A bill to be entitled An act relating to automobile
liability insurance; providing that minimum medical and disa-
bility coverage be included in certain automobile insurance
policies; providing requirements for such minimum coverage;
providing procedures and regulations for paying benefits
related to such coverage; providing remedies for insurers pay-
ing benefits related to such coverage; creating a mandatory
claims arbitration system for automobile liability cases under
three thousand dollars ($3,000); eliminating contributory negli-
gence as a bar to recovery; providing rules of procedure;
providing standards for measuring damages for pain and suf-
fering; limiting attorney's contingent fees; providing measures
to promote advance payments in meritorious cases and to
promote immediate settlement of property damage liability
claims; defining damages recoverable for loss of income in
liability cases; imposing penalties for fraudulent claims and
improperly withholding information necessary for fair settle-
ment of claims; providing regulation for cancellation of pri-
vate passenger automobile insurance policies; providing an
effective date.
-was read the first time by title and referred to the
Committee on Insurance.



IE



By Representative Tubbs-
HB 696-A bill to be entitled An act relating to insuring
school students engaged in athletic activities against injury;
amending section 232.43, Florida Statutes, to provide that all



SOF REPRESENTATIVES April 6, 1971

boards of public instruction in this state shall formulate and
conduct plans to provide, and shall provide, major medical
insurance coverage in the minimum amount of $10,000.00 with
$750.00 maximum deductible to each student participating in
athletic activities conducted or sponsored by the schools under
the jurisdiction of such boards; authorizing the board to
accept donations to pay for such coverage; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Forbes-
HB 697-A bill to be entitled An act relating to repair of
electronic equipment; adding subsection (4) to 85.031, Flor-
ida Statutes, as amended by chapter 70-89, Laws of Florida;
providing for a lien for services, repair or maintenance thereof
by a service dealer; providing for enforcement thereof;
providing procedures for claiming; providing notice require-
ments before public sale; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Forbes-
HB 698-A bill to be entitled An act relating to the blind,
visually handicapped, and otherwise physically disabled;
providing for full use of public places, transportation, and
accommodations for said persons, with no extra charge for a
guide dog; providing liability for injuries to blind pedestrian
with cane or guide dog by negligent driver; providing that no
person shall interfere with the rights of a blind or disabled
person; making violation a misdemeanor; providing for an
annual White Cane Safety Day; providing policy of equal
public employment opportunity; providing an effective
date.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Reed-
HB 699-A bill to be entitled An act relating to laboratory
schools; adding subsection (3) to 229.111, Florida Statutes,
to provide that private donations to laboratory schools shall
not be prohibited; providing that funds otherwise distributable
to such schools shall not be reduced as a result of such
donations; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.



Messages from the Senate

The Honorable Richard A. Pettigrew
Speaker, House of Representatives



April 6, 1971



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

HCR 1-Org.

Respectfully,
Elmer O. Friday, Jr.
Secretary of the Senate

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

Recess

The House recessed at 11:18 A.M. to await the Joint Session.

JOINT SESSION

Pursuant to the provisions of HCR 1-Org., the members
of the Senate, escorted by the Sergeant at Arms of the Senate









JOURNAL OF THE HOUSE



and the Sergeant at Arms of the House, were seated in the
Chamber.

The Joint Session was called to order by the Speaker at
12:00 Noon.

A quorum of the Joint Session was declared present.

Arrival of Lieutenant Governor,
Cabinet, and Supreme Court
The Honorable Tom Adams, Lieutenant Governor; and The
Honorable Richard Stone, Secretary of State; The Honorable
Robert L. Shevin, Attorney General; The Honorable Fred O.
Dickinson, Jr., Comptroller; The Honorable Thomas D.
O'Malley, Treasurer; The Honorable Doyle Conner, Commis-
sioner of Agriculture; The Honorable Floyd T. Christian,
Commissioner of Education, constituting the Cabinet of the
State of Florida; and Mr. Chief Justice B. K. Roberts, Mr.
Justice Richard W. Ervin, Mr. Justice Vassar B. Carlton, Mr.
Justice James C. Adkins, Jr., Mr. Justice Joseph A. Boyd,
Jr., Mr. Justice David L. McCain, and Mr. Justice Hal P.
Dekle, constituting the Supreme Court of Florida, were es-
corted into the Chamber by the Sergeant at Arms of the
House and seated.

The Speaker asked the President of the Senate to preside
over the Joint Session.

THE PRESIDENT OF THE SENATE IN THE CHAIR

Prayer
Prayer by Dr. David J. Davis, Pastor of Plymouth Congre-
gational Church, Coconut Grove:

Almighty God, Thou hast shown us what is good and
what Thou dost demand of us-that we should do justly,
that we should love mercy and walk humbly with Thee,
our God. May this be our mandate both for our private
conduct and for our public practice. We pray for Governor
Reubin Askew, that he may truly be not only the man for
all seasons, but also the man for all the people, that with
integrity and wisdom he may guide and mold the affairs
of state for the upbuilding of all our citizens. We pray
for the Cabinet and for their colleagues in the House
and in the Senate. Like Samuel of old, we ask first not
for riches nor for power, but that Thou would give us
wise and understanding hearts, that we may have the
moral courage and the spiritual strength to stand for the
hard right against the easy wrong. Help us, O God, to
make the life of man as beautiful and as productive as
this state we love, which is so bountifully blessed in climate
and natural resources. Amen.

Committee to the Governor
On motion by Mr. Dubbin, the President appointed Senators
Broxson, Childers, and Gunter, and the Speaker appointed
Representatives Shaw, Nichols, and Reed as a joint committee
to notify Governor Askew that the Legislature had assembled
to receive his message.

The committee retired and presently returned escorting His
Excellency, Governor Reubin O'D. Askew.

Governor's Address

The President then presented Governor Askew, who addressed
the Joint Session as follows:

Welcome, once again, to Tallahassee.

You met here in special session in January, but today
marks the beginning of the first regular session for many



of your members. And it marks the first regular session
which I am privileged to address as Governor.



April 6, 1971



We can, if we have the courage and the will, begin in this
decade to better serve all the people, and not just the
special few. We can begin to help the poor help themselves,
to rehabilitate the criminal, to protect the consumer, to
abate pollution, to revitalize education, to modernize the
courts, to improve transportation, and to make govern-
ment more responsive, effective, and efficient.

Obviously, we cannot complete these programs in this
session-or in any one session. But we can begin. And we
can make real strides in these and other areas of need. I
have pledged to the people that these four years will be
a time of reform and progress in the State of Florida. And,
with your help and your dedication to these same goals, I
fully intend to keep that promise.

Tax Reform
My main promise to the people, as you well know, was
aimed at the one reform which is basic to all others-The
need for a more elastic and more equitable tax base in this
State. The need for new revenue should be quite apparent
now.

I have submitted to you a $1.44 billion General Revenue
Budget for the, 1971-72 fiscal year. This is approximately
$170 million more than we can anticipate from our present
tax sources in the coming year. The budget, I believe, fairly
provides for the State's most urgent needs at a time when
our financial situation is so critical. In the limited time
available to us, this administration cut over one-half bil-
lion dollars from the original requests.

If there is still fat in the budget, I welcome your efforts
to find and eliminate it. There is simply no excuse for
waste in government, particularly when so many of our
real needs are not being met-simply because we do not
have the money.

You should be aware, however, that 56 per cent of the
budget is in the form of state aid to local school districts
and governments. Further cuts in these areas would only



OF REPRESENTATIVES 57

As I stand before you today, it gives me great pleasure
to look to the past, as well as to the future. For it was in
this House, in 1959, that I first took the oath of elective
office. It was in these legislative halls for twelve years that
I gained both knowledge and inspiration from members of
both parties in both Houses.

As I look out at this gathering today, I see not only some
of my closest friends but also one of the finest Legislatures
to ever serve in Tallahassee. You new members are embark-
ing upon your responsibilities, and I, as a new governor,
am embarking upon mine, at a time of unprecedented oppor-
tunity and challenge in this State.

The decade of the sixties was a time when we, spurred on
by reapportionment, took the first decisive steps to provide
a more effective Florida government by revising our consti-
tution, strengthening our Legislature, and reorganizing our
Executive Branch.

The decade of the seventies is a time when we can, and
we must, seek to make these basic reforms more perfect
and begin to effect changes which were never possible in
the past.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



force an even greater local tax burden on the property
owners in your home counties.

Let no one falsely raise the spectre of big spending
simply as a device to avoid tax reform. Let no one today
give yesterday's answer for every fiscal crisis-further ex-
pansion or increases in consumer taxes without first re-
quiring big business to pay its fair share.

And let me make it very clear-this Administration can-
not, and will not, accept another penny increase in the
sales tax to resolve our present fiscal dilemma. The time
for tax reform is now, and I am asking you to take it up as
your first order of business. I am asking you to give the
people the early vote on the Corporate Income Tax Amend-
ment, enact a severance tax on phosphate and other
minerals, close unjustified loopholes in the sales tax law,
and eliminate the regressive sales tax on household utili-
ties.

Once you have finished with tax reform, adopt a budget
which you feel adequately meets the needs of the State.
Then, if there is a surplus, I recommend you begin re-
pealing other regressive and unfair taxes in our tax struc-
ture. By proceeding in this way, you can clearly separate
the issue of equity involved in tax reform from the political
rhetoric we've heard so often in the past.

Because it is the most important part of my "Fair Share"
tax reform program, let me dwell for a moment on the
Corporate Income Tax. Most of the burden of this tax will
not fall on the Florida businessman. It is estimated that
approximately 90 per cent of the revenue from this tax
will come from 5 per cent of the corporations, large multi-
state corporations. In fact, it is estimated that approxi-
mately 86,000 of the 110,000 corporations in Florida will
not pay a single dime under this proposal.

For the same reason, very little of this tax will be passed
on to the consumer. These large interstate corporations
have nationwide pricing policies, and their product costs
the same regardless of the particular tax structure of a
state.

In most cases, the Federal Government will pick up 48
per cent of the burden of this tax since it is completely
deductible. This, my friends, is forced revenue sharing. If
you believe in strengthening State Government and slowing
the flow of Florida tax dollars to Washington, you should
certainly be for this tax.

You have already passed the Constitutional Amendment
permitting such a tax, and the only issue remaining is
when you are going to allow the people to have their say.
The Amendment will be on the General Election Ballot in
1972, but the people cry out for action now.

The only alternatives are certain other business taxes
or drastic budget cuts, either of which I believe you would
find far less acceptable.

Although I've devoted much of my attention as Governor
to reform of the State Tax Structure, I am also very con-
cerned about reforming the Local Tax Structure. There
are three measures which I think you should seriously
consider.



First, the bill limiting exemptions in the property tax
to only those properties actually used for charitable, fra-



ternal and religious purposes. In the past, we took income-
producing properties of such organizations off the tax
rolls. By their absence, other property owners are having
to unfairly pay higher taxes.

Second is the bill to reform the municipal utility tax,
while some cities are taxing the smallest household users
the highest tax rate on top of the highest utility rates, the
largest and wealthiest users are paying the lowest tax
rates on the lowest utility rates. This must end. Not only
will this bill make the municipal utility tax more fair,
it will produce a significant amount of money for many
of our cities.

Third is the possibility of an additional penny on the
gas tax. I recommend it and I submit that first priority
on this revenue should go to local governments to help re-
lieve their acute problems.

For too long, Florida Government has given special
breaks and favors to the politically influential. A shadow
government of special interest lobbyists has skillfully
worked our legislative halls, preserving tax inequities and
avoiding spending reform. Now a new day has come to
Florida, and it is time we set about helping the middle and
lower income people who were too often neglected while
others flourished.

People
Consider the area of housing. The experience of the last
several years has shown us that Government alone cannot
solve the problems of inadequate and substandard housing,
but private enterprise, working with Government, can have
a significant impact on the vast shortages which exist.
Right now in Florida, more than 75 per cent of our families
cannot afford a house which costs more than $15,000-and
I don't have to tell you how few houses can be purchased
for less than $15,000.

We know from recent information that approximately
340,000 Floridians live in substandard housing and that
the problem is growing because new construction is not
keeping up with new families coming into our State.

We also know that Government Project Housing is not
the answer. I think we probably all agree on the value of
individual home ownership, but single-family housing is
not within the ability of State Government to provide.
Therefore, I recommend the following legislation which
will enable us to stimulate the private production of hous-
ing for all of our citizens.

First, a $2 million State Program for Housing Assist-
ance. Grants under this program would be used by local
governments to purchase land for resale to nonprofit
sponsors at prices below market rates. These nonprofit
sponsors, in turn, would construct and sell the new housing
to low-income families under available Federal programs
of mortgage assistance. It has been estimated that this
state expenditure of $2 million will generate approximately
$90 million of private construction activity, putting an ad-
ditional 4,500 greatly needed housing units on the market.

Second, the creation of a Housing Finance Agency within
the Department of Community Affairs. This agency could



issue revenue bonds and purchase federally insured mort-
gages, which are now held by private financial institutions.



58



April 6i, 1971











These banks, savings and loan associations, and other in-
stitutions could then reinvest their funds in additional
mortgages. This plan would not involve any of our general
revenue, nor would it in any way put the State in the hous-
ing business. Rather, it would stimulate the private sector
to help us solve one of our most pressing social problems.

Third, the enactment of a uniform building code for
manufactured homes. This act would eliminate the maze of
local building code restrictions which have impeded the
utilization of new and improved technology and materials
in the production and distribution of lower-cost housing.

Fourth, adoption of a statewide housing code which will
provide basic minimum standards deemed essential for
safe and healthful living. Passage of this act would be a
significant step toward the rehabilitation of those dilapi-
dated or deteriorated homes which are now occupied by
Florida residents.

Fifth, the redesignation of the existing division of techni-
cal assistance, in the Department of Community Affairs,
as the Division of Housing and Community Development.
This would identify housing as a separate and distinct
area of state concern and would serve to emphasize that
housing is an integral part of community development.

I urge the appropriate committees to examine closely the
drafts of legislation which will be presented on these
housing programs. I believe that your objective considera-
tion will persuade you that our efforts have been directed
at maximizing the impact of scarce state funds by using
these funds primarily as a catalyst for private efforts.

For years we have watched the problems of Florida's
agricultural workers-migrant and non-migrant alike-
growing steadily worse. We must act now to reverse that
trend by attacking the problem in several interrelated
areas. With this in mind, I have asked members of my
staff and the appropriate department heads to study the
matter to identify what can be done. I urge that your
Joint Legislative Commission work with us to develop a
comprehensive, long-range solution to this complex and
enormous problem.

Nevertheless, we cannot wait for that comprehensive
plan before moving on two sorely needed items, so I ask
that you consider providing a workable program of work-
men's compensation and an unemployment insurance for
agricultural workers.

We must in this session expand the Unemployment In-
surance Program to those areas mandated by Congress last
year. These include employees of our university system
and state hospitals, and I am recommending that you
also extend coverage to all other state employees as well.

In addition, we should raise unemployment benefits in
Florida, which now has one of the lowest rates in the na-
tion. Our maximum weekly benefit is forty-seven dollars, or
only 35 per cent of the average weekly wage in covered
employment. I recommend that we increase the maximum
to approximately 66 per cent of the average weekly wage.



I also asked you to help me help those unfortunate fami-
lies with husbands, fathers or sons who are passing long
wasted days as prisoners of war, or whose existence is



tragically unknown and so are now listed as missing in
action.

We all regret that they are not here with their families,
but we must not fail to grasp that their absence presents
practical as well as emotional problems. We need imme-
diate legislation to permit their families to conduct rou-
tine business and legal matters which in normal times
would require the signatures of those now not here.

Still another kind of family problem is providing aid
to families with dependent children. Presently, AFDC is
paid on the basis of 60 per cent of the cost of meeting bare
minimum needs.

I recognize the weaknesses and the faults of the present
welfare system. So do you, and so do those Floridians who,
by force of circumstances, must rely on the system for food,
shelter and clothing. I urge that you examine the alterna-
tives carefully. When you do, I believe you will agree that
the increase from 60 per cent to 70 per cent of need is
justified both in human terms and in terms of the in-
creased Federal dollars that will result.

One of the most perplexing problems we face today is
that of the increase in drug abuse and alcoholism. We have
not yet been able to make a dent in this problem which we
little understand.

I believe we may agree that the present method of deal-
ing with alcoholism through the criminal justice system
is expensive and-seemingly-futile. I will support pro-
posals to alter this approach and treat the problem as a
community problem through community-based alcoholic
rehabilitation centers.

I think we can also agree that our present drug laws
must be reviewed and improved to provide a comprehensive
approach covering both punishment and treatment. Con-
solidated efforts in the control of drug use have started
in the State Drug Abuse Program, which is now about six
months old. I believe this program is on the right track
in its support of those community-based programs which
have demonstrated their effectiveness in the rehabilitation
of drug-dependent persons. I am recommending an appro-
priation of $242,000 to continue our state program and an-
other $500,000 for local grants which can be used to
maximize Federal funds to meet this growing problem.

The concern of many of our citizens over soaring auto-
mobile insurance rates did not disappear with the tempo-
rary solution we arrived at in the earlier special session.
The interim plan has successfully stabilized the situation
for the time being-but it expires next November 1. I
urge you to make as much progress as possible in this
regular session in the search for a more permanent plan
which will be fair to all. This should include consideration
of a limited no-fault program and group plans for auto
liability coverage.

Criminal Justice
It should be obvious to everyone that Florida's system of
criminal justice is failing.

Our law enforcement and correctional officers are un-



derpaid and, in many instances, undertrained for the
sensitive and dangerous service they are called upon to



April 6, 1971



JOURNAL OF THE HOUSE OF REPRESENTATIVES



59











perform. Our court dockets cannot keep pace with ever-
increasing crime rates, our jails and prisons are over-
crowded and understaffed, and our rehabilitation, probation
and parole services are woefully inadequate.

More than 80 per cent of those arrested are repeaters-
people who have been punished before but not rehabilitated.
Yet we know that if the State is to imprison these people
for the public's safety, it should also provide programs to
correct their behavior and restructure their life patterns.

This is not to say we should be soft on crime, or on those
who commit crime. On the contrary, the most effective way
to combat crime is through the creation of a system of
criminal justice to break the cycle of bitterness, fury and
frustration which merely breeds more crime.

Solutions do not lie simply in building new prisons, em-
ploying more judges, or increasing the probation and
parole staff, for we cannot treat the various aspects of
criminal justice as separate entities. We must recognize
that the functions of law enforcement, courts, prisons, and
probation and parole services are all closely interwoven,
with each having an impact upon the other.

In making my recommendations to you, I acknowledge
the excellent work done by your own committees and mem-
bers of the media in the area of criminal justice. I be-
lieve we are largely in agreement in both the problems we
found and the solutions we offer.

I am recommending a $6.8 million program of state as-
sistance to local law enforcement, to be distributed on the
basis of population. This program should provide mini-
mum standards in both training and salaries. I am also pro-
posing that we put an additional 150 highway patrolmen
on our highways to augment the fine force we already
have.

As many of you know, I have always been a strong advo-
cate of judicial reform. It is imperative that we rewrite
the outdated judicial article of Florida's Constitution and
once more submit the issue to the people in the 1972 general
election. However, there will be sufficient time to accom-
plish this in next year's session should you decide to take
it up then.

For this session, I recommend legislation providing for
the nonpartisan election of judges. I also direct your at-
tention to the injustice and frustration which is endured
because of unequal sentencing for similar crimes.

The bail system also needs to be reassessed to determine
if we could properly release a greater number of those
suspected of crime on their own recognizance.

The budget I've submitted to you includes $10.3 million of
construction funds for our state correctional system. I
recommend that we use this money to develop smaller,
community-based institutions to permit the gradual re-
turn of prisoners to society as productive rather than
destructive members. I am also recommending funds to in-
crease and upgrade the security staffs and improve medical
facilities in our prison system.



To further our goal of rehabilitating the imprisoned, I
also recommend that we:



April 6, 1971



Authorize goods manufactured or grown in prison
vocational programs to be sold to public institutions.

Extend the work release program from six to twelve
months.
Review statutory restrictions on the employment of ex-
felons.

Remove the twenty-four hour limit on home visits and
allow furlough visits within the discretion of the Division
of Corrections.

We can also relieve the population strain on our prisons
through the earlier return of eligible inmates to private
life. Toward this end, I am recommending an additional
$1.3 million for expansion of probation and parole staff.

I am also recommending revision of our laws relating to
parole to assure that our young offenders receive their
initial interview for parole early and that all inmates are
reviewed periodically to determine whether they can be
safely returned to society and productive lives.

It is my strong belief that the decision of parole must be
insulated against political influence. Parole decisions are
judicial in nature, and I am convinced they should be made
by an independent commission.

At the same time, however, I believe that criminal
justice has suffered in this State because of a lack of co-
ordination between the professional staffs of the Division
of Corrections and the Probation and Parole Commission.
I urge you to explore the possibility of removing the field
staff from the Parole Commission and placing it within the
Department of Health and Rehabilitative Services.

Education

Of all the services Government performs for the people,
education is without a doubt the most important. And if
our school system is to succeed in its goal of educating all
citizens, it must respond to the extremes of talent among
us. It must reflect programs of accountability and tech-
niques of assessment. It must more fully predict the needs
and prescribe the programs for each individual as an in-
dividual.

The system must consider not only the needs of the
average student, but also the needs of the disadvantaged
child or the slow learner who cannot keep up, and the
superior student who is frequently not challenged to do his
best. We want to be certain that our system is broad
enough in its concepts to respond to the unique nature of
every child, every teenager and every adult. We must have
a program of vocational education which will serve both
young and adult citizens alike, and I am recommending
$101 million from general revenue funds for such a pro-
gram.

I also believe higher education must better serve Florida
by taking educational opportunities where the people are
and tailoring these opportunities to their needs. It is hoped
you will consider legislation to encourage our institutions
of higher learning, both public and private, to develop co-



operative programs for the use of their facilities and per-
sonnel.



60



JOURNAL OF THE HOUSE OF REPRESENTATIVES








JOURNAL OF THE HOUSE OF REPRESENTATIVES



In our state universities, my feeling is that we must
give priority to undergraduate education, so I am recom-
mending that we continue to place financial limitations on
the growth of graduate programs. As we plan and im-
plement our programs of higher education, it is important
that we have meaningful input into this effort by the in-
dependent institutions of higher learning in this State.

I recognize the great need to make loans available for
students in universities, junior colleges and vocational and
technical programs to be distributed on the basis of need.
We should make certain that all students have the opportu-
nity to continue their education, commensurate with their
abilities and aspirations. To this end, I have instructed my
staff to explore all possibilities for the development of a
major financial assistance program, which I hope to recom-
mend to you during this session.

I also ask that we provide the $1,100 increase provided
for each teacher unit in the current law; that we provide
for additional kindergarten units and take over the cost of
required local effort in this area; and that we increase the
funding of driver education and research and development
programs. Further, I ask you to continue to encourage the
community school concept and year-round program ex-
perimentation.

As a step toward better educational leadership, I urge
you to enact legislation which will make local school board
elections nonpartisan. The making of creative policy is in
itself nonpartisan.

In the years just past, we have not enjoyed an atmos-
phere in which we could look objectively at our educational
structure. I believe we can now approach this task with a
common dedication to systematically explore ways of re-
vitalizing and improving our entire school system.

Therefore, I ask that you establish a Legislative Study
Commission to review in depth our present educational
structure and that you return within the year with your
recommendations.

Public Employees
The Florida Supreme Court has mandated legislative
guidelines in the area of collective bargaining for school
teachers and other public employees. It is time for us to
comply with that mandate, and I recommend that we grant
our public employees bargaining rights in all areas. I do
not think, however, that there should be binding arbitration
in fiscal matters.

While we enact these guidelines, let us also insure the
constitutional rights of our other citizens to be protected
against public strikes. Unquestionably, we have a responsi-
bility to provide penalties which are strong enough to dis-
courage violations in this area.

As we seek to move Florida Government ahead in the
decade of the seventies, let us recognize that we must be
able to attract and retain the best people we can find for
public service. I am sure all of us recognize the need to
keep state salaries competitive with those paid for similar
positions in private industry.



While I am not recommending any increases for elected
officials, I strongly urge that we begin in the coming fiscal



year to make the salary adjustments recommended in the
Brown Report for appointed officials and career service
employees.

Florida's Environment
Last year, this State moved on many fronts to protect
our precious natural resources. Much, however, remains to
be done. The destruction of our coastal zone continues at
an accelerating rate, drainage of our wetlands and channel-
ization of our waterways goes on. And our state and local
efforts in environmental protection continue to be frag-
mented and inadequately coordinated.

To complete last year's work, I direct your attention to
the proposals of the Conservation 70's Group-particularly
the need to clarify our dredge and fill law in line with the
constitutional amendment adopted by the voters last fall.

A matter of the greatest priority is the reassessment of
our existing governmental structure in the field of environ-
mental conservation and protection.

Over the years, we have created a number of agencies,
each with its separate involvement in the protection of our
natural resources, and in some cases we have created in-
ternal conflicts which make effective decision-making im-
possible. The burden on these agencies has greatly in-
creased as we have belatedly faced up to our mounting en-
vironmental problems, and they must be better coordinated
and organized if environmental protection is to be an ef-
fective public policy.

Examples of necessary changes are the bills designed to
consolidate the Coastal Coordinating Council and the En-
vironmental Inventory Council and to effect the transfer
of the Bureau of Sanitary Engineering to the Department
of Air and Water Pollution Control.

One final area of continuing concern is the problem of
restoration of lands which have been subjected to the
ravages of strip mining. The quest for Florida's minerals
leaves angry scars upon our landscape-ugly, unproductive
eyesores which mar Florida's natural beauty.

We must begin reclaiming these lands and restoring
them for future generations. The severance tax on minerals
which should be imposed this year should allow a credit for
the reclamation of previously mined areas. And, regardless
of the credit, regulations should be implemented immediate-
ly to require reclamation in all future strip-mining.

Executive Organization

Governmental reorganization is a continuing task, and
there are several other areas of our State Government
which require your attention in this session. For instance,
it defies all logic to have a board serving under a board as
is now the case with the Racing Commission and Land
Sales Board, both serving under the Board of Business
Regulation. In the interest of efficiency and more effective
administration, I recommend the abolishment of both these
boards. Chief administrators in these areas would work
directly under the Board of Business Regulation, whose
responsibilities would include the setting of racing dates.



For a stronger and more effective Department of Com-
merce, I recommend legislation to divide its functions be-



April 6, 1971



61










JOURNAL OF THE HOUSE OF REPRESENTATIVES



tween six divisions, including a new Division of Tourism.
Each of these changes can be accomplished without any
increase in personnel or funds.

We will, additionally, request legislation to revise the
present Industrial Relations Commission to provide a
full-time and first-rate panel of industrial claims jurists
to grapple with the growing flood of workmen's compensa-
tion claims and appeals.

Transportation
We must continue to seek out innovative ways to fund
urban transportation systems, while also striving to im-
prove our system of interstate, primary and secondary
highways.

I urge you also to carefully consider the package of
safety bills designed to put Florida in full compliance with
the 16 standards of the National Highway Safety Act.

Consumer Protection
There are many other areas which require your attention
in this session. We began steps last year to give consumers
the protection they need and we should continue these ef-
forts this year. We need, for instance, to reassess the
Public Service Commission to determine how this agency
can be made more responsive to the consumer.

Presidential Primary
We need also to continue to improve our election laws.
And, in this session, I recommend that you establish an
open and competitive presidential primary, early enough
in the year to enable Florida voters to influence the
selection of national presidential candidates and early
enough to advertise to the nation Florida's exceptional
climate during the winter months when the rest of the
country is still covered with snow.

General
I suggest that you also consider changing the method of
issuing beverage licenses to enable the State to derive
the real value of these licenses and eliminate the temptation
of political favoritism. And I recommend that you freeze
the distribution of racetrack funds to the counties at this
year's level.

As you consider these recommendations in the light of
meeting the needs of all our citizens, special consideration
must be given those among us living on fixed incomes, such
as our senior citizens.

I wish to add another thought. I would like to see equali-
ty of opportunity become a routine characteristic of the
lives of all Floridians. Therefore, if we see evidence that
the freedoms guaranteed by our State or U.S. Constitutions
are being denied or diminished in any way, I will ask you to
join me in unfettering those freedoms through appropriate
legislation.

I cannot think of a single issue I have discussed with
you today . a single program I have advocated . .
which does not have its spokesman or its originator in this
Legislature. And the time which I have taken to outline



this program for progress and reform in Florida will be
matched many times over on the same subjects and on



many others in this House Chamber and in the Senate
Chamber at the other end of the hall as you deliberate,
debate and act in the 60 days ahead.

I feel a great kinship for this Legislature, not just be-
cause I was so recently a part of it but because of the
sense of purpose and accomplishment which is reflected
by the legislative leadership and by so many members of
these two deliberative bodies. I have outlined an am-
bitious program-in many ways a difficult program-be-
cause it is my belief that you expect and deserve nothing
less.

There will surely be long and difficult days ahead as
you wrestle with the complex problems facing this State.
But I want you to know that I stand ready to render any
assistance that I might give so that we, together, can make
Florida a better place for all our people.

As I said when I took the oath of office in January,
we are not blind to the fact that all will not agree with the
course we are setting. But we see the responsibility of this
Administration to provide the leadership and the direction
for this State and its people. And regardless of the diffi-
culty or the controversy, we will not abdicate that responsi-
bility.

Following the Governor's address, Governor Askew, Lieuten-
ant Governor Adams, the members of the Cabinet, and the
members of the Supreme Court were escorted from the
Chamber.

On motion by Senator Hollahan, the Joint Session was dis-
solved and the Senators retired to the Senate Chamber.

Reconvened
The House was called to order by the Speaker at 12:44 P.M.

A quorum was present.

On motion by Mr. Yancey, the foregoing message by the
Governor was ordered spread upon the Journal.

Recess
On motion by Mr. Dubbin, the House recessed at 12:46 P.M.
to reconvene at 2:30 P.M. today.


AFTERNOON SESSION

The House was called to order by the Speaker at 2:30 P.M.

The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane



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



Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore



MacKay
Martinez
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Poorbaugh



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Powell Santora Sykes Westberry
Randell Savage Thomas Whitson
Redman Sessums Tillman Whitworth
Reed Shaw Tittle Williamson
Reeves Shreve Tobiassen Wilson
Renick Sims Trombetta Winn
Rish Singleton Tubbs Wolfson
Robinson, A. S. Smith Tucker Woodward
Robinson, J. W. Spicola Turlington Yancey
Ryals Stevens Tyrrell Zinkil
Sackett Sweeny Walker

A quorum was present.

On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-

Consideration of the Special Order
HB 468-A bill to be entitled An act relating to the non-
partisan nomination and election of certain justices and judges;
providing the method of qualifying for office; providing election
procedures; providing for the amount and disposition of filing
fees; restricting certain political activities of candidates; pro-
hibiting certain activities on behalf of candidates; providing
a penalty; providing an effective date.
-was taken up. On motion by Mr. Whitworth, the rules were
waived and HB 468 was read the second time by title.

Representative Whitworth offered the following amendment:

On page 5, lines 22 and 23, strike "attend or participate in
political party meetings, rallies or conventions;"

Mr. Whitworth moved the adoption of the amendment, which
was adopted. The vote was:
Yeas-59



Fortune
Gallen
Grainger
Harllee
Hess
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay
Martinez



Gibson
Glisson
Gorman
Grizzle
Gustafson
Hazelton
Johnson
Lane
Matthews, C.
Matthews, H.
McDonald



Mattox
Melvin
Mixson
Nichols
Poorbaugh
Powell
Redman
Reeves
Rish
Robinson, J.
Ryals
Santora
Sessums
Shaw
Shreve



Miers
Milburn
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Reed
Savage
Sims



Singleton
Spicola
Stevens
Sweeny
Tittle
Trombetta
Tucker
Turlington
Tyrrell
W. Westberry
Whitworth
Winn
Woodward
Yancey



Smith
Sykes
Thomas
Tillman
Tubbs
Whitson
Williamson
Wilson
Wolfson



Representative Whitworth offered the following amendment:

On page 4, lines 9 and 10, strike "election in which such
person seeks to have his name written in." and insert the fol-
lowing: second nonpartisan election.

Mr. Whitworth moved the adoption of the amendment, which
was adopted.

Representative Whitworth offered the following amendment:



On page 2, lines 8 and 9, strike "noon of the forty-ninth day
and no later than noon of the thirty-fifth day" and insert the
following: noon of the sixty-third day and no later than noon
of the forty-ninth day.

Mr. Whitworth moved the adoption of the amendment, which
was adopted.

Representative Sessums offered the following amendment:

On page 4, strike the period at the end of line 3 and insert
the following: ; provided, however, an incumbent candidate, if
there be one, shall appear first.

Mr. Sessums moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-46



Mr. Speaker
Andrews
Baker
Baumgartner
Blackburn
Chapman
Cherry
Clark, Dick
Clark, J. R.
Conway
Culbreath
D'Alemberte

Nays-63
Alvarez
Birchfield
Burke
Caldwell
Clark, David
Crabtree
Crane
Dixon
Earle
Elmore
Featherstone
Fleece
Forbes
Fortune
Fulford
Gautier



Danahy
Dubbin
Firestone
Gallen
Harllee
Hector
Hess
Hodes
Hollingsworth
Johnson
Kershaw
Lancaster



Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Holloway
Jones
Kennelly
Lane
Libertore
Matthews, C.
Matthews, H.
Mattox
McDonald



Representative Reed offered



MacKay
Nichols
Randell
Redman
Reeves
Renick
Robinson, A.
Ryals
Sessums
Shaw
Shreve
Singleton



Spicola
Stevens
Tittle
Trombetta
Tucker
Tyrrell
S. Whitworth
Wilson
Wolfson
Zinkil



Melvin Savage
Miers Sims
Milburn Smith
Mixson Sweeny
Mooney Sykes
Moudry Thomas
Murphy Tillman
Nease Tubbs
Nergard Turlington
Poole Westberry
Poorbaugh Whitson
Powell Williamson
Reed Winn
Rish Woodward
Robinson, J. W. Yancey
Santora

the following amendment:



On page 1, following line 22, insert the following:

(g) Magistrate's Court

(h) Small Claims Court

Mr. Reed moved the adoption of the amendment, which was
adopted. The vote was:

Yeas-56
Alvarez Gibson Milburn Savage
Birchfield Glisson Mixson Shreve
Burke Gorman Mooney Sims
Caldwell Grainger Moudry Smith
Clark, David Grizzle Murphy Sykes
Crane Gustafson Nease Thomas
Dixon Hazelton Nergard Tillman
Earle Hess Poole Tobiassen
Elmore Kennelly Poorbaugh Tubbs
Featherstone Matthews, H. Powell Westberry
Fleece Mattox Reed Whitson
Fortune McDonald Robinson, A. S. Williamson
Fulford Melvin Robinson, J. W. Wilson
Gautier Miers Santora Winn



Mr. Speaker
Andrews
Baker
Burke
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
D'Alemberte
Danahy
Dubbin
Elmore
Featherstone

Nays--4
Birchfield
Blackburn
Caldwell
Crabtree
Crane
Culbreath
Dixon
Earle
Fleece
Fulford
Gautier



63



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-55
Mr. Speaker
Andrews
Baker
Baumgartner
Blackburn
Chapman
Cherry
Clark, Dick
Clark, J. R.
Conway
Crabtree
Culbreath
D'Alemberte
Danahy



Lane
Libertore
MacKay
Martinez
Matthews, C.
Nichols
Randell
Redman
Reeves
Renick
Rish
Ryals
Sessums
Singleton



Spicola
Stevens
Sweeny
Tittle
Trombetta
Tucker
Turlington
Tyrrell
Whitworth
Wolfson
Woodward
Yancey
Zinkil



Representative Savage offered the following amendment:

On page 2, strike all of lines 15, 16, 17, 18, 19, 20, and 21.

Mr. Savage moved the adoption of the amendment.

Pending consideration thereof-

Representative Gautier offered the following substitute
amendment:

On page 6, lines 19 and 20, strike "upon becoming a law."
and insert the following: on January 1, 1973.

Mr. Gautier moved the adoption of the substitute amendment,
which failed of adoption.

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

Representative Savage offered the following amendment:

On page 5, line 21, after "funds;" insert the following: ac-
cept no contributions from members of the legal profession or
immediate family of members of the legal profession;

Mr. Savage moved the adoption of the amendment.
Pending consideration thereof-

Mr. D'Alemberte moved that the amendment be laid on the
table, which was not agreed to. The vote was:

Yeas-55



Mr. Speaker
Andrews
Baker
Baumgartner
Blackburn
Brown
Chapman
Cherry
Clark, Dick
Conway
Crabtree
Culbreath
D'Alemberte
Dubbin

Nays-57
Alvarez
Birchfield
Burke
Caldwell
Clark, David
Clark, J. R.
Craig
Crane
Dixon
Earle
Elmore



Featherstone
Firestone
Fulford
Gallen
Harllee
Harris
Hector
Hess
Hollingsworth
Johnson
Kershaw
Lancaster
Lane
MacKay


Fleece
Fortune
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hartnett



Martinez Shaw
Milburn Shreve
Nichols Singleton
Powell Spicola
Randell Stevens
Redman Tittle
Reeves Trombetta
Renick Turlington
Rish Tyrrell
Robinson, J. W. Whitworth
Ryals Winn
Sackett Woodward
Santora Zinkil
Sessums


Hazelton Mooney
Hodes Moudry
Jones Murphy
Kennelly Nease
Libertore Nergard
Matthews, C. Ogden
Matthews, H. Poole
Mattox Poorbaugh
McDonald Reed
Melvin Robinson, A. S.
Miers Savage



Sims
Smith
Sweeny
Sykes



Thomas
Tillman
Tobiassen
Tubbs



Westberry
Whitson
Williamson
Wilson



Yancey



On motion by Mr. Reed, the rules were waived and debate
on this and all following amendments was limited to two
minutes per person.



Dubbin
Firestone
Forbes
Gallen
Gillespie
Harllee
Hector
Hodes
Hollingsworth;
Holloway
Johnson
Jones
Kershaw
Lancaster



Yeas-46
Alvarez
Birchfield
Caldwell
Chapman
Crane
Danahy
Dixon
Earle
Elmore
Fleece
Gautier
Gibson



Nays-63
Mr. Speaker
Andrews
Baker
Baumgartner
Blackburn
Brown
Burke
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte



Glisson
Gorman
Grainger
Grizzle
Gustafson
Hodes
Kennelly
Matthews, C.
Matthews, H.
Mattox
McDonald
Miers



Dubbin
Featherstone
Forbes
Fulford
Gallen
Gillespie
Harllee
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Johnson
Jones
Kershaw
Lancaster



Mooney
Moudry
Murphy
Nergard
Ogden
Poole
Poorbaugh
Randell
Redman
Reed
Robinson, A. S.
Savage



Lane
Libertore
Martinez
Melvin
Milburn
Mixson
Nichols
Powell
Reeves
Renick
Rish
Robinson, J. W.
Ryals
Sackett
Santora
Sessums



the amendment,



Sims
Smith
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Whitson
Wilson
Yancey



Shaw
Shreve
Singleton
Spicola
Stevens
Sweeny
Tittle
Trombetta
Turlington
Tyrrell
Whitworth
Williamson
Winn
Wolfson
Zinkil



Representative Savage offered the following amendment:

On page 6, strike all of lines 5, 6 and 7 and insert the fol-
lowing: (1) No political party, political organization, pro-
fessional organization or any other organization shall en-
dorse, support or assist any candidate in a campaign for
election to judicial office.

Mr. Savage moved the adoption of the amendment, which
failed of adoption.

On motion by Mr. Hess, the House reconsidered the vote by
which the amendment by Mr. Reed was adopted. The vote was:

Yeas-59



Mr. Speaker
Andrews
Baker
Baumgartner
Blackburn
Brown
Chapman
Cherry
Clark, Dick
Clark, J. R.
Conway
Crabtree
Culbreath
D'Alemberte
Danahy



Nays-52
Alvarez
Birchfield



Dubbin
Firestone
Forbes
Fulford
Gallen
Gillespie
Harllee
Harris
Hector
Hess
Hodes
Holloway
Johnson
Jones
Kershaw


Burke
Caldwell



Lane
Libertore
MacKay
Martinez
Nichols
Redman
Reeves
Renick
Rish
Ryals
Sackett
Sessums
Shaw
Singleton
Spicola



Stevens
Sweeny
Tittle
Trombetta
Tucker
Turlington
Tvrrell
Whitworth
Williamson
Winn
Wolfson
Woodward
Yancey
Zinkil



Clark, David Dixon
Crane Earle



The question recurred on the adoption of
which failed of adoption. The vote was:



64



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Murphy Savage
Nease Shreve
Nergard Sims
Ogden Smith
Poole Sykes
Poorbaugh Thomas
Powell Tillman
Randell Tobiassen
Reed Tubbs
Robinson, J. W. Whitson
Santora Wilson



The question recurred on adoption of the amendment by Mr.
Reed.
Pending consideration thereof-

Representatives Reed and Fleece offered the following amend-
ment to the amendment:

After line (h), insert: "Magistrates Court" shall not include
any Municipal Court or Justice of the Peace or Constable.

Mr. Reed moved the adoption of the amendment to the
amendment, which failed of adoption. The vote was:

Yeas-55



Alvarez
Birchfield
Caldwell
Clark, David
Clark, J. R.
Crane
Dixon
Earle
Featherstone
Fleece
Fortune
Fulford
Gautier
Gibson

Nays-55
Mr. Speaker
Andrews
Baker
Blackburn
Brown
Burke
Chapman
Cherry
Clark. Dick
Conway
Crabtree
Culbreath
D'Alemberte
Danahy



Glisson
Gorman
Grizzle
Gustafson
Hazelton
Hollingsworth
Kennelly
Lancaster
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Miers



Dubbin
Firestone
Forbes
Gallen
Gillespie
Grainger
Harllee
Harris
Hector
Hess
Hodes
Holloway
Johnson
Jones



The question again recurred
by Mr. Reed.



Milburn
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Reed
Robinson, A. S.
Robinson, J. W.
Santora



Kershaw
Lane
Libertore
Martinez
Mixson
Nichols
Redman
Reeves
Renick
Rish
Sackett
Sessums
Shaw
Singleton



Savage
Shreve
Sims
Smith
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Whitson
Williamson
Wilson
Yancey



Spicola
Stevens
Sweeny
Tittle
Trombetta
Tucker
Turlington
Tyrrell
Whitworth
Winn
Wolfson
Woodward
Zinkil



on adoption of the amendment



Pending consideration thereof--



On motion by Mr., Wolfson, the amendment
table. The vote was:



Yeas-58
Mr. Speaker
Andrews
Baker
Baumgartner
Blackburn
Brown
Burke
Chapman
Cherry
Clark, Dick
Clark, J. R.



Harris
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane



was laid on the



Libertore
Martinez
Nichols
Redman
Reeves
Renick
Rish
Ryals
Sackett
Sessums
Shaw



Singleton
Spicola
Stevens
Sweeny



Elmore
Featherstone
Fleece
Gautier
Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hartnett



Hazelton
Kennelly
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mooney
Moudry



Whitworth
Winn
Wolfson
Woodward



Yancey
Zinkil



Tittle
Trombetta
Tucker
Tyrrell


Glisson
Gorman
Grainger
Grizzle
Gustafson
Hartnett
Hazelton
Kennelly
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Miers



Mr. D'Alemberte moved the previous question, which was
agreed to. The vote was:

Yeas-72



Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Culbreath
D'Alemberte
Danahy

Nays-41
Alvarez
Caldwell
Crane
Dixon
Earle
Elmore
Fleece
Gautier
Gibson
Gorman
Grizzle



Dubbin
Featherstone
Firestone
Forbes
Fortune
Fulford
Gallen
Gillespie
Glisson
Grainger
Harllee
Harris
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway


Gustafson
Hartnett
Kennelly
Matthews, C.
Matthews, H.
McDonald
Mooney
Moudry
Murphy
Nease
Nergard



Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
Martinez
Mattox
Melvin
Miers
Milburn
Mixson
Nichols
Redman
Reeves
Renick
Rish
Ryals



Ogden
Poole
Poorbaugh
Powell
Reed
Robinson, A. S.
Robinson, J. W.
Savage
Sims
Smith
Sweeny



Sackett
Santora
Sessums
Shaw
Shreve
Singleton
Spicola
Stevens
Tittle
Trombetta
Tucker
Tyrrell
Whitworth
Williamson
Winn
Wolfson
Yancey
Zinkil


Sykes
Thomas
Tobiassen
Tubbs
Turlington
Whitson
Wilson
Woodward



Mr. Whitworth moved that the rules be waived and HB 468,
as amended, be read the third time by title, which was agreed
to. The vote was:



Yeas-76
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Crabtree
Culbreath
D'Alemberte
Danahy
Dubbin
Featherstone



Firestone
Forbes
Fortune
Fulford
Gallen
Gautier
Gillespie
Grainger
Harllee
Harris
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw



Lancaster Santora
Lane Sessums
Libertore Shaw
MacKay Shreve
Martinez Singleton
Matthews, C. Spicola
Melvin Stevens
Miers Sweeny
Milburn Tittle
Mixson Trombetta
Nichols Tucker
Powell Turlington
Redman Tyrrell
Reeves Whitworth
Renick Winn
Rish Wolfson
Robinson, J. W. Woodward
Ryals Yancey
Sackett Zinkil



Nays-55
Alvarez
Birchfield
Caldwell
Clark, David
Conway
Crane
Dixon
Earle
Elmore
Featherstone
Fleece
Fortune
Gautier
Gibson



Milburn Santora
Mixson Savage
Mooney Shreve
Moudry Sims
Murphy Smith
Nease Sykes
Nergard Thomas
Ogden Tillman
Poole Tobiassen
Poorbaugh Tubbs
Powell Whitson
Reed Williamson
Robinson, A. S. Wilson
Robinson, J. W.



Crabtree
Culbreath
D'Alemberte
Danahy
Dubbin
Firestone
Forbes
Fulford
Gallen
Gillespie
Harllee



65



April 6, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



German
Grizzle
Gustafson
Hartnett
Hazelton
Matthews, H.
Mattox
McDonald
Mooney
Moudry



Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Reed
Robinson, A. S.
Savage
Sims



Smith
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Whitson
Wilson



HB 468, as amended, was read the third time by title. On
passage, the vote was:



Yeas-91
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Featherstone



Nays-25
Caldwell
Craig
Earle
Elmore
Fortune
Gibson
Glisson



Firestone
Fleece
Forbes
Fulford
Gallen
Gautier
Gillespie
Grainger
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster



German
Grizzle
Matthews, H.
McDonald
Melvin
Mooney
Moudry



Lane Sackett
Libertore Santora
MacKay Sessums
Martinez Shreve
Matthews, C. Singleton
Mattox Smith
Miers Spicola
Milburn Stevens
Mixson Sweeny
Murphy Thomas
Nease Tittle
Nergard Trombetta
Nichols Tucker
Ogden Turlington
Poole Tyrrell
Powell Whitworth
Randell Williamson
Redman Winn
Reeves Wolfson
Renick Woodward
Rish Yancey
Robinson, J. W. Zinkil
Ryals



Poorbaugh
Reed
Robinson, A. S.
Savage
Shaw
Sims
Sykes



Tobiassen
Tubbs
Whitson
Wilson



Representative Tillman was recorded as voting Nay.

So the bill passed, as amended, and was ordered engrossed.
Mr. Whitworth moved that the House now reconsider the
vote by which HB 468 passed, as amended. On motion by
Mr. Nichols, the motion to reconsider was laid on the table.
Mr. Dubbin moved that the House adjourn upon completion
of Introduction & Reference of Bills, to reconvene at 10:00
A.M. tomorrow, which was agreed to.

Introduction and Reference

By Representative Brown-
HB 700-A bill to be entitled An act relating to powers of
attorney and similar instruments; amending subsection (3) of
1, chapter 70-33, Laws of Florida, appearing as subsection
(3) of 709.015, Florida Statutes, 1970 Supplement, to provide
that, upon the request of a person with whom he is dealing,
an agent make affidavit that he has no knowledge of his
principal's mental incompetence; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative J. W. Robinson-
HB 701-A bill to be entitled An act relating to motor
vehicles; creating a new section in chapter 317, Florida



Nays-38
Alvarez
Caldwell
Conway
Crane
Dixon
Earle
Elmore
Fleece
Gibson
Glisson



HB 707-A bill to be entitled An act relating to governmen-
tal reorganization, transferring all authority of the department
of natural resources relating to the canal authority of the
State of Florida, the ship canal navigation district and naviga-
tion districts and waterways development as provided in chap-



Statutes, to prohibit the wearing of headphones while oper-
ating a vehicle; providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Tittle-
HB 702-A bill to be entitled An act relating to drivers'
licenses; amending section 322.142(1), (2), Florida Statutes;
providing that a full-face photograph be issued to adults and a
profile photograph be used on minors drivers' licenses;
providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representatives Gibson, Renick, Alvarez, Baker, Black-
burn, Burke, Caldwell, Chapman, Dick Clark, J. R. Clark,
Conway, Danahy, Dixon, Earle, Elmore, Featherstone, Fleece,
Forbes, Gautier, Gillespie, Glisson, Gorman, Grizzle, Gustaf-
son, Hess, Hodes, Hollingsworth, Holloway, Johnson, Jones.
Kennelly, Lancaster, Libertore, MacKay, Martinez, H. W
Matthews, McDonald, Melvin, Miers. Milburn, Mixson, Mooney,
Moudry, Murphy. Nease, Nergard, Nichols, Ogden, Poole,
Powell, Redman, Reed, Reeves, A. S. Robinson, J. W. Robinson,
Rvals, Sackett, Santnra. Savage, Sesslins, Shaw, Shreve, Sims,
Stevens, Sweeny, Sykes, Tillman, Tittle, Trombetta, Tubbs,
Tucker, Tyrrell, Wbitson, Whitworth, Wilson, Wolfson, Wood
ward, Yancey and Zinkil-
HB 703-A bill to be entitled An act relating to fishing
licenses; adding paragraph (d) to 372.57(4), Florida
Statutes; providing that certain military personnel are exempt
from fishing license requirements; providing an effective
date.
-was read the first time by title and referred to the
Committees on Natural Resources, Finance & Taxation, and
Appropriations.

By Representatives MacKay, Baumgartner, Melvin, and
Nergard-
HB 704-A bill to be entitled An act relating to the depart-
ment of commerce; transferring and amending section
20.17(3), Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative MacKay-
HB 705-A bill to be entitled An act relating to removal of
disabilities of nonage, minor student capacity to borrow;
amending 743.05, Florida Statutes; providing definitions; en-
acting the uniform minor student capacity to borrow act;
providing any obligation signed by a minor sixteen (16) or
more years of age in consideration of an educational loan is
enforceable as if he were an adult at the time of execution;
providing an exception; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Spicola-
HB 706-A bill to be entitled An act relating to litter and
water pollution control; creating the Florida Litter Law of
1971; providing for definitions; providing for unlawful acts;
providing for penalties and enforcement; providing that the
driver of any motor vehicle from which litter is discarded shall
be held responsible therefore; repealing existing laws in con-
flict; providing an effective date.
--was read the first time by title and referred to the
Committee on Environmental Pollution Control.

By Representative Spicola--



66



April 6, 1971









JOURNAL OF THE HOUSE



ter 374, Florida Statutes, and sections 370.02(6) (d), 370.02
(6)(e) and 370.02(6)(f), Florida Statutes, to the depart-
ment of transportation by a type four (4) transfer as defined
in chapter 20, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Cherry-
HJR 708-A joint resolution proposing an amendment to
Article III and to Section 1, 2, and 5 of Article XI of the State
Constitution providing for a unicameral legislature and alter-
ing the composition of the constitution revision commission;
adding a new section to the schedule, Article XII, to provide an
effective date.
-was read the first time and referred to the Committees on
Governmental Organization & Efficiency and Appropriations.

By Representative Craig-
HB 709-A bill to be entitled An act relating to private
passenger automobiles; amending 2 and 3 of chapter
70-420, Laws of Florida, appearing as 501.125(2) and (3),
Florida Statutes, 1970 Supplement; providing more stringent
testing standards for automobile energy absorption systems to
be covered by warranty; providing a warranty requirement
that private passenger automobiles sold and licensed on and
after January 1, 1975, meet standardized height requirements
for energy absorption bumpers; directing the department of
highway safety and motor vehicles to adopt and promulgate
reasonable energy absorption bumper height requirements;
providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representative Whitson-
HCR 710-A concurrent resolution directing that the clerk of
the house of representatives and the secretary of the senate
make available to each member of the legislature a copy of
each bill enacted as soon after passage as is possible.
-was read the first time by title and referred to the
Committee on House Administration & Conduct.

By Representatives Whitson and Spicola-
HB 711-A bill to be entitled An act relating to the regula-
tion of traffic on highways; creating M317.602, Florida
Statutes, to provide that dirt, sand, gravel, trash, or any other
materials which may fall or blow off trucks upon public roads
and highways shall be covered or secured to prevent blowing
or falling from such trucks; providing an effective date.
-was read the first time by title and referred to the
Committee on Transportation.

By Representatives Fleece, Gibson, and Nergard-
HCR 712-A concurrent resolution urging the President of
the United States to grant executive clemency to Lieutenant
William Calley.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Craig--
HB 713-A bill to be entitled An act relating to the depart-
ment of natural resources; appropriating thirty-five thousand
dollars ($35,000) from the general revenue fund to the division
of marine resources for the operation of a research vessel
for a period of one (1) year; providing conditions; providing
an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representatives Hartnett and D'Alemberte--



HB 714-A bill to be entitled An act relating to the first
accredited medical school; amending 242.62(1) and (3), Flor-



April 6, 1971



By Representative Libertore-
HM 720-A Memorial to the President of the United
States and the Florida Congressional Delegation, requesting



OF REPRESENTATIVES 67

ida Statutes, and adding subsection (5) to said section; in-
creasing the yearly payment by the state for each student
admitted and enrolled; providing such payments be made in
semiannual installments; increasing number of students in first
medical school class; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representatives Reeves, Ogden, MacKay, and D'Alem-
berte-
HB 715-A bill to be entitled An act relating to the taxation
of certain recorded instruments; amending chapter 201, Flor-
ida Statutes, by adding new section 201.30; providing for a two
mill recording tax levy on all notes, bonds and other obliga-
tions for payment of money, which are secured by mortgage,
deed of trust or other liens upon real property situated in this
state; providing procedures and penalties; amending section
199.031, Florida Statutes, by adding new subsection (7) to
exempt these instruments from the intangible personal prop-
erty tax; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Reeves, MacKay, Ogden, and D'Alem-
berte-
HB 716-A bill to be entitled An act relating to intangible
personal property taxation; revising chapter 199, Florida
Statutes, by repealing all provisions of said chapter and adopt-
ing the provisions of this act in lieu thereof; providing for the
levy and reporting of intangible personal property for tax-
ation; providing for exemptions; providing for assessment
procedures; providing for state administration, collection and
enforcement; providing for penalties and procedures; providing
an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Lancaster-
HB 717-A bill to be entitled An act relating to the depart-
ment of natural resources; providing that said department,
through its Suwannee River authority, is authorized to pro-
mote the development and improvement of the Suwannee River
area; providing expenditure of funds therefore to be for a proper
public purpose; providing an effective date.
-was read the first time by title and referred to the
Committee on Natural Resources.
By Representative Mixson-
HB 718-A bill to be entitled An act relating to the depart-
ment of legal affairs; providing for restitution for damages
caused by escapees and inmates of state institutions under the
department of health and rehabilitative services; providing an
effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appro-
priations.

By Representatives Tobiassen and Sackett-
HB 719-A bill to be entitled An act relating to public
assistance; amending 409.235, Florida Statutes, as amended
by chapter 70-255, Laws of Florida; providing for birth control
instruction and counseling for certain recipients of aid to
families with dependent children; providing that children born
subsequent to the female parent receiving such birth control
instruction shall not be considered in the determination of
eligibility and the amount of a grant; providing an effective
date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appro-
priations.









68 JOURNAL OF THE HOUSE

they do all within their powers to see mercy shown Lieutenant
William Calley, United States Army.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Ogden-
HB 721-A bill to be entitled An act relating to taxation;
amending subsection 212.05(5), Florida Statutes, to provide for
a sales tax on wired television and its installation; providing
an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Ogden--
HB 722-A bill to be entitled An act relating to taxation;
amending subsection 212.08(1), Florida Statutes; deleting the
exemption provided candy sold at less than twenty-five cents;
including items from vending machines as taxable under imme-
diately consumed items; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representatives Wolfson and Gautier-
HB 723-A bill to be entitled An act relatiner to the iidieial
retirement system; adding subsection 123.06(3), Florida
Statutes; providing a cost-of-living increase from July 1, 1971,
for retired members and those members who retire on or after
July 1, 1971; providing an effective date.
-was read the first time bv title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Hartnett-
HB 724-A bill to be entitled An act for the relief of Mr.
and Mrs. Aldo Carcano; providing an apnrooriation for loss of
rental income as a result of the Florida State medical
board's breach of contract; providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

By Representative Craig-
HB 725-A bill to be entitled An act relating to Flagler
County, East Flagler Mosquito Control District; authorizing
the board of commissioners of said district to adopt a resolu-
tion setting the salaries of members of said board at not more
than one thousand five hundred dollars ($1,500) annually;
repealing chapter 57-1321, Laws of Florida, which authorizes a
nine hundred dollar ($900) salary per annum for said board
members; providing an effective date.
Evidence of notice and publication was
established by the House as to HB 725.
-was read the first time by title and referred to the com-
mittees on Community Affairs and Appropriations.

By Representative Nichols-
HB 726-A bill to be entitled An act relating to the judicial
retirement system; amending 123.06(2), Florida Statutes, as
amended by Chapter 70-199, Laws of Florida, to define average
final compensation as the best five (5) of the last ten (10)
years of service; authorizing certain persons to have their
retirement allowance redetermined; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency and Ap-
propriations.

By Representative Craig-



S HM 727-A memorial to the Congress of the United
States urging the inclusion of the St. Johns River in the Wild
and Scenic Rivers Act.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.



]



By Representative Martinez-
HB 735-A bill to be entitled An act for the relief of Ronald
Tozzi; providing an appropriation to compensate him for in-
juries and damages sustained as a result of the negligence of
the division of corrections; providing an effective date.



E OF REPRESENTATIVES April 6, 1971

By the Committee on General Legislation and Representa-
tive Zinkil-
HB 728-A bill to be entitled An act relating to racing
funds; amending subsection 550.13(1), Florida Statutes, to
provide that any excess of revenues otherwise payable to the
counties over the amount so paid for the fiscal year 1971 shall
be paid to the general revenue fund.
-was read the first time by title and placed on the Calendar
without reference.

By Representatives Kennelly, Sims, Glisson, Gibson, Mattox,
Reed, Alvarez, Thomas, Reeves, Miers, Conway, Craig,
Gorman, H. W. Matthews, and Hazelton-
HCR 729-A resolution requesting President Richard M.
Nixon to grant executive clemency to Lieutenant William Cal-
ley, Jr.
-was read the first time by title and referred to the Com-
mittee on General Legislation.

By Representative Randell-
HCR 730-A resolution requesting President Richard M.
Nixon to grant executive pardon to Lieutenant William Calley,
Jr.
-was read the first time by title and referred to the Com-
mittee on General Legislation.

By Representative Spicola-
HB 731-A bill to be entitled An act relating to the manage-
ment of natural resources; transferring the division of forestry
of the department of agriculture and consumer services to the
department of natural resources; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency and Appro-
priations.

By Representative J. R. Clark-
HB 732-A bill to be entitled An act relating to uniform
commercial code-commercial paper; amending section 673.103,
Florida Statutes, by adding subsection (3) to limit the appli-
cability of chapter 673, Florida Statutes, by the provisions of
section 817.78, Florida Statutes, relating to consumer paper;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Business Regulation.

By Representative J. R. Clark-
HB 733-A bill to be entitled An act relating to unfair trade
practices and consumer protection; prohibiting unfair methods
of competition and unfair or deceptive acts or practices in the
conduct of any trade or commerce; providing definitions, in
junction; and private legal actions under rules of civil procedure;
'authorizing assurance in writing of voluntary compliance, in-
vestigation, subpoena, hearing rules; providing civil and crimi-
nal penalties; repealing parts III and IV of chapter 817, Florida
Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Business Regulation.

By Representative Williamson-
HB 734-A bill to be entitled An act relating to notaries
public, amending Section 117.05, Florida Statutes; providing
that no fee shall be charged for administering oaths for absen-
tee ballots; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.









JOURNAL OF THE HOUSE



-was read the first time by title and referred to the Com-
mittee on Claims.

By the Committee on Judiciary and Representatives Nichols,
Crabtree, Forbes, Whitworth, Johnson, Gorman, Santora,
Sackett, and D'Alemberte-
HB 736-A bill to be entitled An act relating to dissolution
of marriage; providing a state policy concerning dissolution of
marriages; providing residence requirements; providing pro-
cedures for dissolution of marriage and judicial separation;
establishing a basis for dissolution of marriage and judicial
separation; providing for temporary relief; providing that
children of a dissolved marriage are legitimate; providing for
the disposition of property and for the maintenance of either
spouse; providing for child support by either parent and for
child custody; providing modification and enforcement proce-
dures; providing for attorney's fees and costs; repealing sec-
tions 61.011, 61.021, 61.031, 61.041, 61.042, 61.051, 61.061, 61.071,
61.08, 61.09, 61.10, 61.11, 61.12, 61.13, 61.14, 61.15, 61.16, 61.17,
61.18, 61.19, and 61.20, Florida Statutes; providing an effective
date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative D'Alemberte-
HB 737-A bill to be entitled An act relating to the state
treasurer; amending section 18.112, Florida Statutes, to provide
that student loans and small business administration loans,
which are guaranteed by the United States government, shall
be authorized securities for all deposits of public funds; pro-
iding an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By the Committee on Finance & Taxation-
HB 738-A bill to be entitled An act relating to the excise
tax on documents; amending section 201.11, Florida Statutes,
by adding new subsection (2) to authorize appointment of
agents by the department of revenue and commissions to be
paid the agents; providing for limitations of, and bonds for, the
agents; amending sections 201.17, Florida Statutes, by adding
new subsection (2) to provide an alternative penalty for failure
to pay tax required; amending 201.18 (2) and 201.20, Florida
Statutes, to create uniformity in penalties under this chapter;
providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Finance & Taxation-
HB 739-A bill to be entitled An act relating to the excise
tax on documents; amending section 201.02, Florida Statutes,
providing that the affixing of documentary stamps on an in-
strument transferring an interest in realty in an amount other
than that of the actual consideration for such a transfer shall
be subject to a penalty; providing for an affidavit stating,
under oath, that the stamps affixed represent the true and
actual consideration for the transfer and such other informa-
tion deemed necessary by the department of revenue; providing
an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Finance & Taxation--
HB 740-A bill to be entitled An act relating to tax on sales,
use and other transactions; amending chapter 212, Florida
Statutes, by adding section 212.083 to authorize and provide
for refunds of taxes paid by ionlproiit religious, educational
and charitable institutions; amending subsection 212.15(1) to
repeal declaration that sales taxes collected under chapter
212, Florida Statutes, shall become state funds upon collection;
providing an effective date.



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



April 6, 1971



-was read the first time by title and referred to the Com-
mittee on Business Regulation.
By Representative Hartnett-
HB 746-A bill to be entitled An act relating to savings as-
sociations; amending section 665.441, Florida Statutes, by



OF REPRESENTATIVES 69

By the Committee on Finance & Taxation-
HB 741-A bill to be entitled An act relating to the tax
upon estates of decedents, amending section 198.02, Florida
Statutes, to provide that the Florida estate tax on resident
decedent's estates shall not be less than a pro rata share of
the credit allowed under the applicable federal revenue act;
amending sections 198.13 and 198.15, Florida Statutes, to
change 15 month period to 9 month period; amending section
198.32, Florida Statutes, to increase fee from one dollar to
five dollars; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

HB 742-Withdrawn
By Representative Hartnett-
HB 743-A bill to be entitled An act relating to thrift in-
stitutions; substantially revising and amending section 665.031,
F. S.; providing for the creation of thrift institutions; requir-
ing an application for authority to organize; specifying the
content of the application; providing for an application fee;
providing for investigation of the application by the depart-
ment; setting forth the scope of the investigation; granting
discretion to the department to approve or disapprove the
application; setting forth guidelines for approval of applica-
tion; providing for notice of decision by department; providing
for form articles of incorporation and by-laws; providing for
the filing of the articles of incorporation with the secretary
of state; providing that corporate existence shall be perpetual;
providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.
By Representative Hartnett-
HB 744-A bill to be entitled An act relating to savings
associations; amending section 665.361, Florida Statutes;
specifying or describing investments which may be made by
savings associations which must not exceed twenty-five percent
(25%) of total assets; specifying or describing investments
which may be made by savings associations which may not
exceed one percent (1%) of total assets; providing for minimum
investment quality of described or specified permissible invest-
ments; prohibiting investment in any amount when named or
described securities or obligations are in default as to principal
or interest, and when not rated in one (1) of the four (4)
highest investment grades, or when not supported by a credit
rating file maintained by the investing association; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Business Regulation.
By Representative Hartnett-
HB 745-A bill to be entitled An act relating to savings
associations; amending section 665.041, F. S.; providing that
savings associations may only be incorporated on a mutual
basis with savings account capital; specifying the minimum
amounts of capital; providing for an organization expense
fund; prescribing the minimum amount of the organization
expense fund; providing that organization expenses may be
paid from the fund; providing that amounts paid from the fund
may not be recoverable by the contributors; providing for
authorization to commence business; setting forth conditions
precedent to the issuance of certificate of authorization; re-
quiring publication of certificate of authorization to begin busi-
ness to be published in a newspaper of general circulation;
providing for retention and repayment of organization expense
fund; providing that the retained amount can be used to pay
operating expenses for a period of time; providing that un-
expended funds shall be paid earnings; providing that this
fund shall be reimbursed for payment of operating expenses;
providing for refund of retained organization expense fund to
original contributors; providing an effective date.









70 JOURNAL OF THE HOUSE

adding subsection (5); providing for an application fee to
accompany a branch application; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representative Hartnett--
HB 747-A bill to be entitled An act relating to savings
associations; amending section 665.091(5), F. S., to specify
the minimum number of members required to be present to
constitute a quorum for transacting business at any meeting
of members; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Business Regulation.

By Representative Hartnett-
HB 748-A bill to be entitled An act relating to savings
associations; amending section 665.214(5), F. S.; authorizing
savings associations to sell loans with recourse; providing an
effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Hartnett-
HB 749-A bill to be entitled An act relating to savings
associations; amending section 665.451(3), Florida Statutes;
providing for semiannual examination fees and assessments;
providing for the deposit of fees and assessments in a trust
fund; providing an effective date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representative Hartnett-
HB 750-A bill to be entitled An act relating to savings
associations; amending section 665.391(2), F. S.; deleting the
provision permitting a charge of two percent (2%) of the
anticipatory payment; permitting an anticipatory charge of
one hundred eighty (180) days' interest if the anticipatory
payment in any one (1) year exceeds twenty percent (20%)
of the original indebtedness; and providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Hartnett-
HB 751-A bill to be entitled An act relating to savings
associations; amending section 665.381(2) (d), F. S.; re-
phrasing said subsection to establish clearly that at least
sixty percent (60%) of assets, other than liquid assets, must
be invested in "particular" types of loans; providing an ef-
fective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Cherry-
HB 752-A bill to be entitled An act relating to elections in
municipalities and governmental entities exercising municipal
powers; providing, pursuant to Section 6 of Article VI of the
State Constitution, that every citizen who is a bona fide resi-
dent of any municipality or governmental entity exercising
municipal powers who is at least eighteen (18) years of age
and who is registered as provided by law shall be an elector
for such elections; providing for referenda.
-was read the first time by title and referred to the
Committee on Elections.



By the Committee on Finance & Taxation and Representatives
Ogden, MacKay, and D'Alemberte-
HB 753-A bill to be entitled An act relating to exemptions
from ad valorem taxation; amending chapter 196, Florida Stat-
utes, by adding new sections, amending section 196.011, Florida
Statutes, and by repealing sections 196.191, 196.201, 196.211,



I



SOF REPRESENTATIVES April 6, 1971

196.22, 196.25, 196.275 and 196.30, Florida Statutes; repealing
all exemptions granted by special or local acts or general acts
of local application; providing specific exemptions for certain
property used exclusively for governmental, religious, or edu-
cational purposes; providing an exemption for widows and for
totally and permanently disabled persons; providing an exemp-
tion for such portions of property used predominantly for
literary, scientific, religious, or charitable purposes; establish-
ing procedures and criteria for granting exemptions; providing
a severability clause; providing an effective date.
--was read the first time by title and placed on the Calendar
without reference.

By the Committee on Community Affairs-
HB 754-A bill to be entitled An act relating to the depart-
ment of community affairs; amending section 163.03, Florida
statutes, to provide for the performance of administrative
functions by the secretary; repealing subsections 13.251(3),
13.251(9), and 13.251(10), and sections 23.066 and 163.475,
Forida statutes; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative Savage-
HB 755-A bill to be entitled An act relating to motor ve-
hicle dealers; amending section 320.27(8), Florida Statutes,
and adding subsection (12) to said section to require dealers to
affix labels to each new or used motor vehicle offered for sale,
disclosing the total price of the motor vehicle; providing pen-
alties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Business Regulation.

By Representative Savage-
HB 756-A bill to be entitled An act relating to public busi-
ness; amending 286.011, Florida Statutes, which provides that
public meetings be open to the public at all times, to provide
for executive sessions in certain cases; providing that portions
of executive sessions not covered by exemptions shall be open
to the public; providing that the results of executive sessions be
made public; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Organization & Efficiency.

By Representative Savage-
HB 757-A bill to be entitled An act relating to fire fighters
standards council; creating section 163.521, Florida Statutes, to
provide for a fire fighters minimum foundation program study;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representative Savage-
HB 758-A bill to be entitled An act relating to arrest
powers; granting arrest powers to agents of the United States
Secret Service; providing certain restrictions; providing an
effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Savage-
HB 759--A bill to be entitled An act relating to compensa-
tion for innocent victims of violent crimes; providing defini-
tions; setting forth elements of recovery; providing restrictions



on who may recover; providing time limits; providing certain
amounts of compensation; establishing a crimes compensation
commission; providing its membership, duties, powers, and
compensation; providing for hearings; providing for judicial
review; providing an effective date.
-was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.











By Representative Savage-

HB 760-A bill to be entitled An act relating to automobile
manufacturers; providing that any automobile manufacturer
which warrants an automobile, or any part thereof, warrants
the car as a whole, including tires; providing for replacement
of missing or defective parts discovered within six (6) months
of delivery to the owner; providing for reimbursement to the
owner for time lost from his occupation due to missing or
defective parts; providing an effective date.

-was read the first time by title and referred to the
Committee on Business Regulation.



71



Reports of Standing Committees
On point of order by Mr. Harris, Chairman of the Com-
mittee on Appropriations, that HB's 416 and 430 do not affect
appropriations, the bills were withdrawn from the Committee
on Appropriations. HB 416 remains referred to the Committee
on Governmental Organization & Efficiency, and HB 430
remains referred to the Committee on Environmental Pollu-
tion Control.

Adjournment
Pursuant to the motion previously adopted, the House ad-
journed at 4:10 P.M. to reconvene at 10:00 A.M. tomorrow.



April 6, 1971



JOURNAL OF THE HOUSE OF REPRESENTATIVES









THE JOURNAL OF THE FLORIDA



House of Representatives



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



WEDNESDAY, APRIL 7, 1971



The House was called to order by the Speaker at 10:00 A.M.



Report of the Committee on Rules & Calendar



The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes



Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harilee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kersnaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, C.



Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Santora
Savage
Sessums



Shaw
Shreve
Sims
Singleton
Smith
Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil



A quorum was present.



Prayer



Prayer by Father Peter Zerata, Blessed Sacrament Church,
Tallahassee:
Be with us, 0 Lord, as we gather in this chamber today,
and let the beauty and wisdom of Your holy presence guide
our every thought, word and action. Erase from our minds
every vanity and worldly ambition, rather give us the full-
ness of Your wisdom and understanding. By so doing, may
Your grace mold our lives that we may be an example for
good to our associates and an influence for the betterment
of our community, our state, and our nation. We are human
and weak; we pray You, give us Your strength. We are
filled with desires for things of earth, we beseech You show
us instead the greater riches of eternal life. We are self-
centered and occupied with the struggle for living. Grant
us the gift of charity, that in helping others, we may gain
a broader knowledge of how to live ourselves. Amen.

The Journal

The Journal of April 6 was corrected and approved as follows:
On page 2, column 1, line 22, strike "millage."

Introduction of House Physician
The Speaker introduced Dr. Eugene Forrester of Winter
Park, who is serving at the Clinic today.



The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives



April 6, 1971



Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Thursday, April
8, 1971, the consideration of the following bills:

HB 486-Air & Water Pollution Control
HB 385-Noise Pollution
HB 371-Air & Water Pollution Control/Quorum Require-
ments
HB 209-Oil Spill Prevention
CS for HB's 449 & 191-Phosphate Regulation
HM 259-Cross Florida Barge Canal
HB 248-Repealer of Bloodless Bullfighting

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

Respectfully submitted,
Murray H. Dubbin
Chairman, Committee on
Rules & Calendar

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

Co-introducers

Representatives Trombetta, Hector, and Martinez were given
permission to be recorded as co-introducers of HB 230.

Representative Tubbs was given permission to be recorded
as a co-introducer of HB 502.

Representative Hodes was given permission to be recorded
as a co-introducer of HB 665.

Representative Alvarez was given permission to be recorded
as a co-introducer of HB 702.

Representatives Reed and A. S. Robinson were given per-
mission to be recorded as co-introducers of HB 711.

Representatives Tillman, J. R. Clark, Culbreath, Kershaw,
and Tobiassen were given permission to be recorded as co-
introducers of HB 729.

Consideration of the Special Order

Mr. Featherstone raised the point of order that HB 753 was
not in the possession of the Committee on Rules & Calendar



72









JOURNAL OF THE HOUSE OF REPRESENTATIVES



when HB 753 was placed on the Special Order Calendar. The
Speaker said the Committee had acted upon the authority of
Rule 8.16, which empowers the Committee to submit a Special
Order Calendar. He said the Committee was not passing upon
the merits of any individual bill but only determining the
order in which the House would take up bills already on the
Regular Order Calendar.

Mr. Dubbin observed that if there had been a problem, which
he said did not exist, it would have been cured in the adoption
yesterday by the House of the Report of the Committee on
Rules & Calendar setting the Special Order Calendar. Mr.
Holloway said he would like to be recorded as changing his
vote at that time from Yea to Nay.

The Speaker observed that the bills before the House on
the Special Order Calendar were committee bills, as distin-
guished from those classes of interim legislation which required
further committee action after having been given first reading.

HB 753-A bill to be entitled An act relating to exemptions
from ad valorem taxation; amending chapter 196, Florida
Statutes, by adding new sections, amending section 196.011,
Florida Statutes, and by repealing sections 196.191, 196.201,
196.211, 196.22, 196.25, 196.275 and 196.30, Florida Statutes;
repealing all exemptions granted by special or local acts or
general acts of local application; providing specific exemptions
for certain property used exclusively for governmental, reli-
gious, or educational purposes; providing an exemption for wid-
ows and for totally and permanently disabled persons; provid-
ing an exemption for such portions of property used predomi-
nantly for literary, scientific, religious, or charitable purposes;
establishing procedures and criteria for granting exemp-
tions; providing a severability clause; providing an effective
date.
-was taken up. On motion by Mr. Ogden, the rules were
waived and HB 753 was read the second time by title.

Representative MacKay offered the following amendment:

On page 6, line 19, strike "196.196" and insert the following:
196.193

Mr. Ogden moved the adoption of the amendment, which was
adopted.

Representatives Baumgartner and MacKay offered the follow-
ing amendment:

On page 14, line 28, after the word "Statutes." insert the
following: Those portions of property of college fraternities and
sororities certified by the president of the college or university
to the appropriate tax assessor as being essential to the educa-
tional process, shall be exempt from ad valorem taxation.



Mr. Baumgartner moved the adoption
which failed of adoption. The vote was:



Yeas-26
Baumgartner
Blackburn
Chapman
Clark, J. R.
Conway
Featherstone
Gallen

Nays-64
Mr. Speaker
Andrews
Baker
Birchfield
Brown
Burke
Caldwell
Cherry
Clark, David
Clark, Dick
Crabtree



Gautier
Harllee
Hartnett
Hector
Holloway
Jones
Kennelly


Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Fleece
Forbes
Fortune
Fulford
Gibson



Lane
Libertore
MacKay
Mattox
Nease
Poorbaugh
Randell


Gorman
Grainger
Grizzle
Hazelton
Hodes
Johnson
Lancaster
Martinez
Matthews, C.
Matthews, H.
McDonald



of the amendment,



Spicola
Stevens
Sykes
Tubbs
Tucker




Melvin
Miers
Milburn
Mooney
Murphy
Nergard
Nichols
Ogden
Poole
Powell
Redman



Reed Sackett Smith Winn
Reeves Santora Thomas Zinkil
Renick Savage Tillman
Rish Shreve Tittle
Robinson, J. W. Sims Tobiassen
Ryals Singleton Wilson

Representative Craig was recorded as voting Nay.

Representative Crabtree offered the following amendment:

On page 13, line 15, after the word "home." strike: To the
exemption granted under this subsection shall be added the
value of the property used as a residence by persons or couples
not meeting the exemption requirements of this act, but whose
residence agreements were in effect on June 1, 1971.

Mr. Crabtree moved the adoption of the amendment, which
was adopted.

Representative Baumgartner offered the following amend-
ment:

On page 12, line 29 and page 13, line 1, strike "five thousand
five hundred dollars ($5,500)" and insert the following: six
thousand dollars ($6,000)

Mr. Baumgartner moved the adoption of the amendment,
which was adopted.

Representative Baumgartner offered the following amend-
ment:

On page 12, lines 25 and 26, strike "four thousand five
hundred dollars ($4,500)" and insert the following: five thou-
sand dollars ($5,000)

Mr. Baumgartner moved the adoption of the amendment,
which was adopted.

Representative Melvin offered the following amendment:

On page 16, line 11, after the word "Bond" insert the words
"and/or Contract"

Mr. Melvin moved the adoption of the amendment.

Pending consideration thereof-

Representatives Crabtree and D'Alemberte offered the follow-
ing substitute amendment:

On page 16, line 12, insert the following: Provided however,
nothing herein shall be deemed to require a governmental
authority to impose taxes upon a leasehold estate whenever
the lease agreement entered into prior to the effective date of
this act contains a covenant on the part of such governmental
authority as lessor to refrain from imposing taxes during the
term of the leasehold estate; provided further that said cov-
enant shall not prevent taxation by any taxing authority
other than that authority making such covenant.

Mr. D'Alemberte moved the adoption of the substitute amend-
ment.

Pending consideration thereof-

Representative Reeves offered the following amendment to the
substitute amendment:

Immediately after the phrase "governmental authority" or
"taxing authority" insert "or agency thereof"



Mr. Reeves moved the adoption of the amendment to the
substitute amendment, which failed of adoption.



73



April 7, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



The question recurred on the adoption of the substitute amend-
ment, which failed of adoption.

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


Recess

On motion by Mr. Dubbin, the House recessed at 12 Noon
to reconvene at 1:00 P.M. today.

AFTERNOON SESSION

The House was called to order by the Speaker at 1:00 P.M.



The following Members wer



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes



Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, C.



e recorded present:

Matthews, H. Shaw
Mattox Shreve
McDonald Sims
Melvin Singleton
Miers Smith
Milburn Spicola
Mixson Stevens
Mooney Sweeny
Moudry Sykes
Murphy Thomas
Nease Tillman
Nergard Tittle
Nichols Tobiassen
Ogden Trombetta
Poole Tubbs
Poorbaugh Tucker
Powell Turlington
Randell Tyrrell
Redman Walker
Reed Westberry
Reeves Whitson
Renick Whitworth
Rish Williamson
Robinson, A. S. Wilson
Robinson, J. W. Winn
Ryals Wolfson
Sackett Woodward
Santora Yancey
Savage Zinkil
Sessums



A quorum was present.



Continuation of Consideration of the Special Order

Continuation of HB 753

HB 753 was taken up, having been read the second time
and amended this morning.

Representative Fortune offered the following amendment:

On page 4, line 6, add a new subsection as follows: (12)
Governmental ownership includes property leased by the state
or any political sub-division from another governmental entity
which shall be considered owned by the lessee for the duration
of any lease, the original term of which exceeded 98 years.

Mr. Fortune moved the adoption of the amendment, which
failed of adoption.

Representative Featherstone offered the following amend-
ment:

On page 2, strike entire line 2 and insert the following:
scientific, fraternal, religious, charitable or governmental use
as

Mr. Featherstone moved the adoption of the amendment,
which failed of adoption. The vote was:



Yeas-46
Blackburn
Burke
Clark, David
Culbreath
Dixon
Earle
Elmore
Featherstone
Forbes
Fortune
Gallen
Gorman

Nays-64
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Brown
Caldwell
Cherry
Clark, J. R.
Conway
Crabtree
Craig
Crane
D'Alemberte
Danahy



Grainger
Harllee
Hazelton
Holloway
Kennelly
Lancaster
Matthews, H.
Mattox
McDonald
Melvin
Miers
Mixson


Dubbin
"Firestone
Fleece
Fulford
Gautier
Gibson
Gillespie
Grizzle
Gustafson
Harris
Hector
Hess
Hodes
Johnson
Jones
Kershaw



Mooney Sims
Moudry Sykes
Nergard Thomas
Poorbaugh Tobiassen
Randell Tubbs
Reed Walker
Reeves Whitson
Renick Williamson
Rish Woodward
Robinson, A. S. Zinkil
Ryals
Savage


Lane Shreve
Libertore Singleton
MacKay Smith
Martinez Spicola
Matthews, C. Sweeny
Milburn Tillman
Nease Tittle
Nichols Trombetta
Ogden Tucker
Poole Turlington
Powell Tyrrell
Redman Westberry
Robinson, J. W. Whitworth
Sackett Winn
Santora Wolfson
Sessums Yancey



Representatives Chapman, Hollingsworth, and Shaw were
recorded as voting Yea and Representative Hartnett was
recorded as voting Nay.

Representative Shreve offered the following amendment:

On page 14, line 8, strike "state board of health" and insert
the following: division of health of the department of health
and rehabilitative services

Mr. Shreve moved the adoption of the amendment, which
was adopted.

Representative Sessums offered the following amendment:

On page 3, line 25, strike the period and insert the following:
or return of principal on the sale of a home.

Mr. Sessums moved the adoption of the amendment, which
was adopted.

Mr. D'Alemberte moved that the House now reconsider the
vote by which the amendment offered by Mr. Featherstone
failed of adoption. On motion by Mr. Ogden, the motion to
reconsider was laid on the table.

Representative Sessums offered the following amendment:

On page 12, lines 15 and 16, strike paragraph (1) and insert
the following: (1) Homes for the aged applicants shall be
limited predominately to residents who are:

Mr. Sessums moved the adoption of the amendment.

Pending consideration thereof-

Representative Earle offered the following substitute amend-
ment:

On page 12, lines 15 and 16, strike "Homes for the aged
applicants shall have a charter limiting residents predominately
to:" and insert the following: exemption shall be granted for
that portion of homes for the aged which is utilized by resi-
dents meeting the following criteria:

Dr. Earle moved the adoption of the substitute amendment,
which failed of adoption.



74



April 7, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

Representative Sessums offered the following amendment:

On page 13, after line 1, insert the following: (e) Income
requirements for exemption applicable to residents of homes
for the aged shall be adjusted to any increase in the income
restrictions set out in federally guaranteed loan agreements
for the construction of homes for the aged.

Mr. Sessums moved the adoption of the amendment, which
was adopted.

Representative Featherstone offered the following amend-
ment:

On page 2, strike all of line 1 and insert the following:
exclusive use of property for educational, literary, veteran

Mr. Featherstone moved the adoption of the amendment
which failed of adoption.

Representatives Blackburn and Crabtree offered the follow-
ing amendment:

On page 17, line 6, strike "five hundred dollars ($500)" and
insert the following: one thousand five hundred dollars ($1,500)

Mr. Blackburn moved the adoption of the amendment, which
was adopted. The vote was:



Yeas-82
Alvarez
Andrews
Birchfield
Blackburn
Brown
Burke
Clark, Dick
Clark, J. R.
Crabtree
Craig
Culbreath
Danahy
Dixon
Earle
Elmore
Featherstone
Fleece
Forbes
Fortune
Fulford
Gallen

Nays-15
Mr. Speaker
Baker
Baumgartner
Cherry



Gautier
Gibson
Glisson
Gorman
Grizzle
Harllee
Hector
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin


Conway
Dubbin
Firestone
Gillespie



Miers
Milburn
Mixson
Mooney
Nease
Nergard
Ogden
Poole
Powell
Randell
Redman
Reed
Reeves
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Savage
Shaw
Shreve
Sims


Harris
Hodes
Johnson
Murphy



Smith
Spicola
Stevens
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Tyrrell
Walker
Westberry
Whitson
Wilson
Winn
Woodward
Yancey




Singleton
Sweeny
Whitworth



Representatives Hartnett, Sessums, and Wolfson were re-
corded as voting Yea.

Representative Savage offered the following amendment:

On page 12, line 2, strike "not"

Mr. Savage moved the adoption of the amendment, which
failed of adoption.

Representative Savage offered the following amendment:

On page 14, line 3, between "property" and "used" insert
the word "solely"



Mr. Savage moved the adoption of the amendment.

Pending consideration thereof-

Representative Fleece offered the following substitute
amendment:

On page 14, line 3, between the words "property used" insert
the following: predominantly

Mr. Fleece moved the adoption of the substitute amendment,
which failed of adoption.

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

Representative Sessums offered the following amendment:

On page 14, lines 4 and 5, strike "excluding hospital emer-
gency room and hospital clinical facilities," and insert the
following on line 7:

Hospital emergency rooms, hospital clinical facilities, and
other hospital property or facilities which are leased to a non-
profit corporation which provides direct services to patients in
a non-profit or public hospital and qualifies under Section 8 (4)
of this act are excluded and shall be exempt from taxation.

Mr. Sessums moved the adoption of the amendment, which
was adopted.

Representatives Powell and D'Alemberte offered the follow-
ing amendment:
On page 16, line 8, strike the period and insert the following:
,unless otherwise qualifying for exemption under the act.

Mr. Powell moved the adoption of the amendment, which
was adopted.

Representative J. R. Clark offered the following amendment:

On page 3, line 18, after the word "interest" insert a comma

Mr. J. R. Clark moved the adoption of the amendment, which
was adopted.

Representative D'Alemberte offered the following amendment:
In the title, line 20, after "exemptions;" insert the follow-
ing: increasing the exemption for widows, blind persons and
totally and permanently disabled persons; restricting the ex-
emption of governmental property leased to non-governmental
lessees after June 1, 1971;

Mr. D'Alemberte moved the adoption of the amendment, which
was adopted.

Representative Melvin offered the following amendment:
On page 17, strike all of line 23 and insert the following:
such exemption is granted; provided, however, that any ex-
isting contractual agreement entered into under authority of
such special acts shall not come under the provisions of this
section until January 1, 1973

Mr. Melvin moved the adoption of the amendment, which
failed of adoption.

On motion by Mr. Ogden, the rules were waived and HB 753,
as amended, was read the third time by title.

Pending roll call-



On motion by Mr. Dubbin, the rules were waived and the
time of adjournment was extended until final consideration of



April 7, 1971



75









JOURNAL OF THE HOUSE OF REPRESENTATIVES



HB 753, consideration of SB 620 in Messages from the Senate,
and, Introduction and Reference, with the House to reconvene
at 10:00 A.M. tomorrow.

The question recurred on the passage of HB 753, as amended.
The vote was:
Yeas-74



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Cherry
Clark, Dick
Clark, J. R.
Conway
Crabtree
Crane
D'Alemberte
Danahy
Dubbin

Nays-41
Chapman
Clark, David
Craig
Culbreath
Dixon
Earle
Elmore
Featherstone
Fortune
Gibson
Glisson



Firestone
Fleece
Forbes
Fulford
Gallen
Gautier
Gillespie
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Johnson
Jones


Gorman
Hodes
Holloway
Matthews, H.
Mattox
Melvin
Miers
Mixson
Moudry
Nergard
Poorbaugh



Kennelly Robinson, A. S.
Kershaw Santora
Lancaster Savage
Lane Sessums
Libertore Shreve
MacKay Singleton
Martinez Spicola
Matthews, C. Sweeny
McDonald Sykes
Milburn Tittle
Mooney Trombetta
Murphy Turlington
Nease Tyrrell
Nichols Whitworth
Ogden Wilson
Poole Winn
Powell Yancey
Redman
Reed


Randell Tubbs
Renick Tucker
Rish Walker
Robinson, J. W. Westberry
Ryals Whitson
Sackett Williamson
Shaw Woodward
Sims Zinkil
Stevens
Thomas
Tobiassen



Representative Tillman was recorded as voting Yea.

Under Rule 5.1, Representative Wolfson abstained from voting.

So the bill passed, as amended, and was ordered engrossed.

On motion by Mr. D'Alemberte, the rules were waived and
the bill was ordered immediately certified to the Senate, after
engrossment.

Explanation of Vote on HB 753
This bill leaves too much to the discretion of the various tax
assessors and we believe it will create more havoc and chaos to
an already confused situation.

Representative David C. Clark
Representative William G. Zinkil
Representative Jack Poorbaugh

On motion by Mr. Nichols, the rules were waived and the
House reverted to the order of-



County Beaches Public Hospital Board, by authorizing an ad-
ditional property tax, not to exceed five mills, to be levied in
addition to all other property taxes in the Duval County Beaches
Public Hospital District for the support of the Hospital Board,
or, in the alternative, by establishing the Duval County Beaches
Public Hospital Board as an independent agency of the City
and providing for its membership, powers, duties and functions
and requiring the Board to prepare and submit its budget to
the Council of the City of Jacksonville for adoption in the same
manner as other independent agencies of the City and requiring
the use of the central services of the City, excent as the Council
may provide; Providing for approval of the additional property
tax by referendum to be held in the Duval County Beaches
Public Hospital District; providing an effective date.
-and requests the concurrence of the House therein.

Respectfully,
Elmer O. Friday, Jr.
Secretary of the Senate

SB 620, contained in the above message, was read the first
time by title and referred to the Committee on Community
Affairs.

On motion by Mr. Danahy, SB 620 was withdrawn from the
Committee on Community Affairs and taken up, by waiver of
the rules.

On motions by Mr. Nichols, the rules were waived and SB
620 was read the second time by title and the third time by
title. On passage, the vote was:

Yeas-111



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes



Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, C.
Matthews, H.



Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poorbaugh
Powell
Randell
Redman
Reed
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Santora
Savage
Sessums
Shreve



Sims
Singleton
Smith
Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil



Nays-1
Hartnett



Messages from the Senate



The Honorable Richard A. Pettigrew April 7, 1971
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has passed-

By Senator Scarborough and others-
SB 620-A bill to be entitled An act amending Chapter 25807,
Acts of 1949, Laws of Florida, as amended, relating to the Duval



Representatives Harris and Poole were recorded as voting
Yea.

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

Introduction and Reference

By Representative Savage-
HJR 761-A joint resolution proposing an amendment to
Section 5 of Article IV of the State Constitution to eliminate
the provision providing for the joint candidacies of governor
and lieutenant governor.



76



April 7, 1971









JOURNAL OF THE HOUSI



-was read the first time and referred to the Committee on
Governmental Organization & Efficiency.

By Representative Savage-
HB 762-A bill to be entitled An act relating to elections;
amending 99.061(2), Florida Statutes, as amended by chapter
70-93, Laws of Florida, 101.141(4), Florida Statutes, as
amended by chapter 70-268, Laws of Florida, and 101.151(3) (a),
Florida Statutes, to provide that candidacies for the offices of
governor and lieutenant governor shall be separate; repealing
subsection (3) of 99.092, Florida Statutes, which provides for
filing fees of candidates for governor and lieutenant governor;
repealing subsection (2) of 101.181 and subsection (2) of
101.191, Florida Statutes, which provide that primary and
general election ballots shall be arranged so that the offices
of governor and lieutenant governor are joined in a single
voting space; providing an effective date subject to approval of
a constitutional amendment which provides for separate can-
didacies of governor and lieutenant governor.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Savage-
HB 763-A bill to be entitled An act relating to the police
standards council; amending 23.071, Florida Statutes, to
provide that a trainee who attends the police standards council
training program at the expense of a municipality, state
agency, or political subdivision be obligated to that body for
one (1) year or reimburse that body for expenditures for such
training; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Savage-
HB 764-A bill to be entitled An act relating to the Florida
canal authority; prohibiting the canal authority from purchas-
ing rights-of-way for the cross Florida barge canal; providing
for the reappropriation of moneys from the canal authority to
the general revenue fund; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Savage-
HB 765-A bill to be entitled An act relating to state
indemnification of private citizens injured while preventing the
commission of crimes; providing definitions; authorizing the
department of legal affairs to process claims, hold hearings,
recommend legislative appropriations and implement rules; pro-
viding an effective date.
-was read the first time by title and referred to the
Committees on Criminal Justice and Appropriations.

By Representative Savage-
HB 766-A bill to be entitled An act relating to retail
merchandising; adding subsection (5) to 849.092, Florida
Statutes, relating to the awarding of prizes to persons selected
by lot; providing that all brochures, advertisements, promo-
tional material, and entry blanks promoting such undertakings
shall contain a clause stating that residents of Florida are en-
titled to participate in such undertakings and are eligible to
win a gift or prize; providing an effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By Representatives Spicola and Tubbs-
HB 767-A bill to be entitled An act relating to the depart-
ment of air and water pollution control; amending 387.02,
387.05, 381.261, 381.271, 381.281, 381.291, and 387.09, Florida
Statutes, transferring them to chapter 403, Florida Statutes,
and renumbering them as 403.063, 403.064, 403.065, 403.066,
403.067, 403.068, and 403.421, respectively; removing certain
environmental control activities from the jurisdiction of the



department of health and rehabilitative services to the depart-
ment of air and water pollution control; setting forth septic
tank construction requirements; amending 403.061, Florida



April 7, 1971



By Representative Spicola-
HB 774-A bill to be entitled An act relating to tax assess-
ments; amending 194.011(2), Florida Statutes, as amended by



SOF REPRESENTATIVES 77

Statutes; specifying duties of department of air and water
pollution control with regard to rules and regulations relating
to certain environmental control activities; amending 381.311,
Florida Statutes, removing from the division of health and
local health officials certain regulatory and enforcement pow-
ers, respectively, over drinking water made accessible to the
public, disposal of sewage and other wastes and garbage; re-
pealing 386.041(1) (b), Florida Statutes, relating to nuisances
constituted by improperly built septic tanks, water closets and
privies; amending 386.041(1) (a), Florida Statutes; removing
from the category of nuisances injurious to health certain waste
materials and pollutants; providing that present rules of the
division of health are adopted and shall remain in force until
altered by the department of air and water pollution control;
repealing 387.01, 387.03, 387.04, 387.06, 387.07, 387.08, and
387.10, Florida Statutes, relating to pollution of waters; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Walker-
HB 768-A bill to be entitled An act relating to beach and
shore preservation; amending Chapter 161, Florida Statutes,
by adding a new section, 161.102, specifying state financial par-
ticipation, subject to legislative appropriation, in state author-
ized projects; providing for payment of certain costs by local
governmental entities: providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Reed-
HCR 769-A concurrent resolution establishing a special
joint committee to study the constitutionality of the federal
government's relation with the United Nations.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

HB 770-Withdrawn

By Representatives Reed and A. S. Robinson-
HB 771-A bill to be entitled An act relating to maximum
vehicle weights; amending Section 317.801, Florida Statutes, by
renumbering and amending subsection (7), to provide review
of penalties by the circuit court; repealing subsection (6);
providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Holloway-
HB 772-A bill to be entitled An act defining and regulating
the electrical contracting and electrical construction trades in
this state; creating the Florida electrical contractors' licensing
board; fixing qualifications of members and providing powers
and duties of the board; fixing registration and certification
procedures and fees thereof; providing exemptions; providing
penalties; providing that the Florida electrical contractors'
licensing board shall be a part of the department of profes-
sional and occupational regulation, division of occupations;
providing an effective date.
--was read the first time by title and referred to the
Committees on Manpower & Development, Finance & Taxation,
and Appropriations.

By Representative Grizzle-
HB 773-SF-A proposal to be entitled A resolution to the
Board of Regents to provide a Scholarship Grant to further
provide financial assistance to Lt. William L. Calley, Jr.
-was read by title and referred to the Committees on Edu-
cation and Appropriations.









78 JOURNAL OF THE HOUSE

chapter 70-243, Laws of Florida, to provide that a notice to
a taxpayer of increase in ad valorem taxes shall contain an
explanation of the taxpayer's right to petition the board of tax
adjustment; amending 194.032(5), Florida Statutes, as
amended by chapter 70-243, Laws of Florida, to provide that
notice to petitioner by board of tax adjustment of its decision
shall contain an explanation of petitioner's right to arbitrate;
providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.
By Representative Spicola-
HB 775-A bill to be entitled An act permitting county
commissioners of the respective counties to levy withdrawal
charges upon the removal of water from lands in the respect
tive counties when such water is transported for use outside
such county by a person or agency not subject to ad valorein
tax by such county; providing for the placement of recording
devices and for access to records; providing a use for with-
drawal charge monies; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs, Finance & Taxation, and Ap-
propriations.
By Representative Spicola-
HB 776-A bill to be entitled An act relating to venue in
actions against municipal corporations; providing that venue
of actions against municipal corporations shall be the same as
in actions against private persons.
-was read the first time by title and referred to the Com-
mittee on Judiciary.
By Representatives J. R. Clark, Gustafson, and Baumgartner-
HB 777-A bill to be entitled The Independent Academic
School Act of 1971; relating to the establishment of minimum
standards for the operation of non-public independent academic
scloo s in Florida; encoulraQing and recognizing private ac-
creditation agencies for such schools and providing for the
establishment of minimum standards for such agencies; requir-
ing all non-accredited schools to establish compliance with
minimum standards set forth in the act or adopted pursuant to
the act; setting forth minimum standards and providing for
the adoption of additional minimum standards; establishing an
Independent Academic School Board, providing for the qual-
ifications of members of the Board and the chairman, and
establishing the powers and duties thereof; providing for the
function and power of the State Board of Education in the
administration of the act; reouirincr a Certificate of Compliance
for the operation of schools and providing for procedural
requirements and the payment of fees; and establishing an
effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.
By Representative J. R. Clark-
HB 778-A bill to be entitled An act relating to construction
contracts; providing that certain provisions in construction
contracts which undertake to hold the promise free from
liability for his own negligence shall be void and unenforceable
as against public policy; providing exceptions; providing an
effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.
By Representative Sessums-
HB 779-A bill to be entitled An act relating to higher
education; amending 239.014(1) (b), Florida Statutes; au-
thorizing the president of the University of South Florida to
appoint the head of the St. Petersburg branch of the University
of South Florida; providing an effective date.
-was read the first time by title and referred to the
Committee on Education.



I]



By Representatives J. W. Robinson, Shreve, Tubbs, and
Powell-
HM 780-A Memorial to the Congress of the United States
to request that Kennedy Space Center be the site for con-
struction of the space shuttle.



E OF REPRESENTATIVES April 7, 1971

-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Andrews-
HB 781-A bill to be entitled An act relating to taxation;
amending section 201.02, Florida Statutes, to provide for tax
on contracts and agreements for deed; amending section
201.021, Florida Statutes, to delete the restrictions on consider-
ation when existing mortgages are present; providing an effec-
tive date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Mixson-
HB 782-A bill to be entitled An act for the relief of Robert
H. Milton, Jr., to compensate him for property damage sus-
tained by his automobile as a result of theft; providing an
effective date.
-was read the first time by title and referred to the
Committee on Claims.

HB 783-Withdrawn

By Representatives Earle, Sykes, Gorman, Kershaw, Burke,
Hazelton, and Gallen-
IHCR 784-A resolution requesting President Richard M.
Nixon to grant executive clemency to Lieutenant William Calley,
Jr.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representatives A. S. Robinson, Yancey, Earle, Gustafson,
Reed, Tillman, and Savage-
HB 785-A bill to be entitled An act relating to carrying of
concealed firp-nrms by law enforcement officers; providing that
full-time police officers, Florida highway patrolmen and
sheriffs' deputies may carry a concealed firearm, on or about
their persons, during off-duty hours with the approval of their
superior officers; providing for filing with the Florida bu-
reau of law enforcement said approval by the superior officers;
providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representatives Cherry and Whitworth-
HR 786-A resolution expressing the profound sorrow of
the members of the Florida House of Representatives on the
death of Mr. Whitney M. Young, Jr.
-was read the first time by title and referred to the
Committee on General Legislation.

By Representative Cherry-
HM 787-A memorial to the Congress of the United States
requesting the enactment of the Equal Rights Amendment to
the United States Constitution.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Nichols-
HB 788-A bill to be entitled An act relating to pornograph-
ic matter, amending Chapter 847, Florida Statutes, by adding
Section 847.07, prohibiting distribution to minors within the
state; providing a penalty; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.



By Representative Andrews-
HB 789-A bill to be entitled An act relating to elections;
creating 101.681, Florida Statutes, to provide that boards of
county commissioners, upon recommendation of the supervisor









JOURNAL OF THE HOUSE OF REPRESENTATIVES



of elections, may authorize the use of voting machines for
absentee electors at the offices of the supervisor; providing the
board shall authorize a maximum number of machines and
appoint election boards; providing an effective date.
-was read the first time by title and referred to the
Committee on Elections.

By Representative Rish-
HB 790-A bill to be entitled An act for the relief of Mr.
Lamar Taunton; providing an appropriation to compensate him
for the loss of his truck and trailer through the careless
operation of the guard rails at the White City bridge in Gulf
County; providing an effective date.
-was read the first time by title and referred to the
Committee on Claims.

Reports of Standing Committees
The Committee on Environmental Pollution Control recom-
mends a committee substitute for the following:

HM 259

The memorial with committee substitute was placed on the
Calendar.

The Committee on Environmental Pollution Control recom-
mends committee substitutes for the following:

HB's 191 & 449
HB 380
HB's 430 & 386
HB's 191 & 449 and HB 380 with committee substitutes were
referred to the Committee on Appropriations.
HB's 430 & 386 with committee substitute were placed on
the Calendar.

The Committee on Environmental Pollution Control recom-
mends the following pass:

HB 209, with amendment
HB 371
HB 385
HB 486

The bills were placed on the Calendar.

The Committee on Environmental Pollution Control recom-
mends committee substitutes for the following:

HB 372, with amendment
RB 373
HB 425, with amendment

The bills were referred to the Committee on Appropriations.

The Committee on Community Affairs recommends the fol-
lowing not pass:

HB 243

The bill was laid on the table under the rule.

The Committee on Community Affairs recommends the fol-
lowing not pass:

HB 388



The bill was laid on the table under the rule.

The Committee on Community Affairs recommends the fol-
lowing pass:

HB 260
HB 397, with amendments

The bills were referred to the Committee on Finance & Tax-
ation.

The Committee on Community Affairs recommends the fol-
lowing pass:

HB 220
HB 239, with amendments

The bills were referred to the Committee on Appropriations.

The Committee on Education recommends the following not
pass:

HCR 9
HB 183
HB 368

The bills were laid on the table under the rule.

The Committee on Education recommends the following pass:

HB 8, with amendment
HB 268

The bills were referred to the Committee on Appropriations.


Engrossing Reports


April 6, 1971

Your Engrossing Clerk reports amendments to-

HB 468

-have been incorporated and the bill herewith returned.

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

April 7, 1971

Your engrossing Clerk reports amendments to-

HB 753

-have been incorporated and the bill herewith returned.

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


Adjournment

Pursuant to the motion previously adopted, the House ad-
journed at 3:23 P.M. to reconvene at 10:00 A.M. tomorrow.



79



April 7, 1971









THE JOURNAL OF THE FLORIDA



r io
-*OoWE Sr~~S



THURSDAY, APRIL 8, 1971



The House was called to order by the Speaker at 10:00 A.M.

The following Members were recorded present:



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece



Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay
Martinez
Matthews, C.



Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Santora
Savage



Sessums
Shaw
Shreve
Sims
Singleton
Smith
Spicola
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Wolfson
Woodward
Yancey
Zinkil



Excused: Representatives Holloway, Lane, Stevens, and Winn.

A quorum was present.


Prayer

Prayer by the Reverend R. Millard Spikes, First United
Methodist Church, Port St. Joe, Florida:
Blessed is the man that walketh not in the counsel of
the ungodly, nor standeth in the way of sinners, nor sit-
teth in the seat of the scornful. But his delight is in the
law of the Lord; and in that law doth he meditate day and
night. And he shall be like a tree planted by the rivers of
water, that bringeth forth his fruit in his season; his leaf
also shall not wither; and whatsoever he doeth shall prosper.
The ungodly are not so; but are like the chaff which the
wind driveth away. Therefore the ungodly shall not stand
in the judgment, nor sinners in the congregation of the
righteous. For the Lord knoweth the way of the righteous;
but the way of the ungodly shall perish. Psalm 1
Eternal God, creator and preserver of mankind and giver
of all spiritual grace; look upon us as we seek succor m
Thee, that we may feel that You are mindful of us every
hour. Bless this assembly that they may feel that it is
theirs to be sensitive to Thee, that You may be able to
work among us to will and do Thy good pleasure. May all
deliberations be maintained within the high principles en-
dowed upon us as a free nation and State; as these men
of this day and time seek the ways and means wherein a
free people may be governed, may they first be tempered
80



and governed by Thy Spirit of life. So may we ever live
and move and have our being in Thee; Through Jesus Christ
our Lord. Amen.


The Journal

The Journal of April 7 was corrected and approved as fol-
lows: On page 77, column 1, in the title of HB 764, line 4,
strike "reapportionment" and insert "reappropriation"

Introduction of House Physician
The Speaker introduced Dr. J. Thomas Atkins of Jacksonville
who is serving at the Clinic today.

Record Vote
Mr. Smith was recorded as voting Yea on the passage of
HB 753, which passed the House April 7, 1971.

Standing Committee Assignments
The Speaker announced the following changes in committee
assignments:

Representative Chapman, from the Committee on Environ-
mental Pollution Control to the Committee on Education.

Representative Nichols, from the Committee on Elections to
the Committee on Manpower and Development.

Representative Tucker, from the Committee on Education to
the Committee on Elections.

Motions Relating to Committee Reference

On point of order by Mr. Harris, Chairman of the Committee
on Appropriations, that HB's 191 and 449 and CS for HB's 191
and 449 do not affect appropriations, the bills were withdrawn
from the Committee on Appropriations and placed on the Cal-
endar.
On motion by Mr. Craig, HB 361 was withdrawn from the
Committee on Natural Resources and from further consideration
of the House.

Co-introducers

Representative Hazelton was given permission to be recorded
as a co-introducer of HB 41.

Representatives Conway and Gillespie were given permission
to be recorded as co-introducers of HB 117.

Representatives Tobiassen and Fulford were given permission
to be recorded as co-introducers of HB 356.
Representative Spicola was given permission to be recorded
as a co-introducer of HB 502.
Representatives Crabtree, Hazelton, and Tubbs were given
permission to be recorded as co-introducers of HB 665.



House of Representatives


Proceedings at Tallahassee of the Second Legislature
[under the Constitution as Revised in 1968]
FIRST REGULAR SESSION









JOURNAL OF THE HOUSE



Representative Earle was given permission to be recorded as
a co-introducer of HCR 729.


Report of the Committee on Rules & Calendar

The following report was read:



The Honorable Richard A. Pettigrew
Speaker, House of Representatives



April 7, 1971



Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Thursday, April
8, 1971, the consideration of the following bills:

HB 741-Ad valorem property exemption
HB 738-Excise tax on documents
HB 739-Excise tax on documents
HB 740-Sales tax refund
HB 728-Race track funds to counties
HB 486-Air & water pollution control
HB 385-Noise pollution
HB 371-Air & water pollution control/quorum requirements
HB 209-Oil spill prevention
CS for HB's 449 & 191-Phosphate regulation
CS for HB's 177 & 248-Repealer of bloodless bullfighting

The Committee further recommends that any of the above
remaining undisposed by Friday, April 9, 1971, be first con-
sidered as the Special Order for that day and thereafter to
consider bills on the Calendar.

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

Respectfully submitted,
Murray H. Dubbin
Chairman, Committee on
Rules & Calendar

Mr. Dubbin moved the adoption of the above Report.

Pending consideration thereof, Mr. Harris noted that HB 741
should be identified as relating to Estate taxes.

The question recurred on the adoption of the Report, as cor-
rected, which was adopted.

Consideration of the Special Order
HB 741-A bill to be entitled An act relating to the tax upon
estates of decedents, amending section 198.02, Florida Statutes,
to provide that the Florida estate tax on resident decedent's
estates shall not be less than a pro rata share of the credit
allowed under the applicable federal revenue act; amending sec-
tions 198.13 and 198.15, Florida Statutes, to change 15 month
period to 9 month period; amending section 198.32, Florida
Statutes, to increase fee from one dollar to five dollars; provid-
ing an effective date.

-was taken up. On motion by Mr. Harris, the rules were
waived and HB 741 was read the second time by title.

Representative Harris offered the following amendment:

On page 4, insert the following between lines 13 and 14: Sec-
tion 5. Section 198.12, Florida Statutes, is amended to read:

198.12 Notice of death to department; tax return.-The execu-
tor, within two months after the decedent's death, or within a



April 8, 1971



Representative Harris offered the following amendment:
In the title, line 16, following "dollars;" insert the following:
amending section 198.12, Florida Statutes, to eliminate the filing
of a copy of the federal preliminary notice;

Mr. Harris moved the adoption of the amendment, which was
adopted.

The question recurred on the passage of HB 741, as further
amended. The vote was:

Yeas-100



Mr. Speaker
Alvarez
Andrews
Baker
Birchfield
Brown
Burke
Caldwell
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Conway
Crabtree
Crane
Culbreath
D'Alemberte
Dixon
Dubbin
Earle
Elmore
Featherstone
Fleece
Forbes
Fortune



Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Lancaster
Libertore
MacKay
Martinez



Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.



Santora
Savage
Shreve
Sims
Singleton
Smith
Spicola
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Turlington
Tyrrell
Westberry
Whitworth
Williamson
Wilson
Wolfson
Woodward
Yancey
Zinkil



Nays-None


Representatives Blackburn, Chapman, Danahy, Firestone,
Mixson, Sackett, Sessums, Tucker, and Whitson were recorded
as voting Yea.

So the bill passed, as amended, and was ordered engrossed.

HB 738-A bill to be entitled An act relating to the excise
tax on documents; amending section 201.11, Florida Statutes,
by adding new subsection (2) to authorize appointment of
agents by the department of revenue and commissions to be
paid the agents; providing for limitations of, and bonds for, the
agents; amending sections 201.17, Florida Statutes, by adding
new subsection (2) to provide an alternative penalty for failure
to pay tax required; amending 201.18 (2) and 201.20, Florida
Statutes, to create uniformity in penalties under this chapter;
providing an effective date.

-was taken up. On motion by Mr. Reeves, the rules were
waived and HB 738 was read the second time by title.



OF REPRESENTATIVES 81

like period after qualifying as such, shall give written notice
thereof to the department on the form prepared and published
by the department known as the preliminary notice and report.
14 f deae estate te r etter- is reqi4r ed b y the appl;4eable
federal reveeae aret thea a eey eof the prelifmia4ry eetfee filed
with the federal geveremnet aye be filed w4th the department
ia ie oe e ek prxelimiV. ary oetie ea4d report.

Mr. Harris moved the adoption of the amendment, which was
adopted.

On motion by Mr. Harris, the rules were waived and HB 741,
as amended, was read the third time by title.

Pending roll call-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Representative Reeves offered the following amendment:
On page 2, lines 19 and 20, strike "responsible for obtaining
the stamps and affixing said stamps" and insert the following:
liable for the tax

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

On motion by Mr. Reeves, the rules were waived and HB 738,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-104



Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Cherry
Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'A lemberte
Dixon
Dubbin
Earle
Elmore
Firestone
Fleece
Forbes



Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay



Martinez
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mooney
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Powell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Santora
Savage



Shaw
Shreve
Sims
Singleton
Smith
Spicola
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Wolfson
Woodward
Yancey
Zinkil



Nays-None

Representatives Chapman, Danahy, Mixson, Poorbaugh,
Sackett, Sessums, and Tittle were recorded as voting Yea.

So the bill passed, as amended, and was ordered engrossed.

Presentation of Awards
On motion by Mr. Nichols, the rules were waived and the
Speaker appointed Representatives Nichols, Westberry, and
Alvarez as a committee to escort Mr. John S. Walters, Executive
Editor of the Florida Times-Union and Jacksonville Journal,
into the Chamber for the purpose of presenting awards which
the 1970 House voted certain of its Members.

The Speaker introduced Mr. Walters, who made the following
presentations:

Second-Session Member Showing Greatest Development or
Maturity, Donald G. Nichols.

Most Effective in Committee, Marshall S. Harris.
Most Effective in Debate, Donald H. Reed, Jr.
Most Outstanding First-Term Member, Kenneth H. MacKay,
Jr.

Most Valuable Member of the House, Marshall S. Harris;
First Runner-up, Donald H. Reed, Jr.; Second Runner-up, Ralph
D. Turlington.

Continuation of Consideration of the Special Order
HB 739-A bill to be entitled An act relating to the excise
tax on documents; amending section 201.02, Florida Statutes,



providing that the affixing of documentary stamps on an in-
strument transferring an interest in realty in an amount other
than that of the actual consideration for such a transfer shall
be subject to a penalty; providing for an affidavit stating,
under oath, that the stamps affixed represent the true and
actual consideration for the transfer and such other informa-
tion deemed necessary by the department of revenue; providing
an effective date.
-was taken up. On motion by Mr. Reeves, the rules were
waived and HB 739 was read the second time by title.

Representative Reeves offered the following amendment:

On page 1, line 29, strike "so affixing" and insert the follow-
ing: liable for the tax.

Mr. Reeves moved the adoption of the amendment, which was
adopted.

Representative Reeves offered the following amendment:

On page 2, lines 2 and 3, strike "and affixing the stamps
thereunder"

Mr. Reeves moved the adoption of the amendment, which
was adopted.

Representative Reed offered the following amendment:

On page 1, line 22, strike "subsection (3)" and insert "sub-
sections (3) and (4)" and on page 2 between lines 8 and 9,
insert the following: (4) Evidence of ownership in co-operative
apartment associations shall be recorded in the county in which
the real property is located.

Mr. Reed moved the adoption of the amendment, which
was adopted.

Representative Reed offered the following amendment:

In the title, line 17, strike all after the semi-colon and insert
the following: requiring the recording of evidence of ownership
in co-operative apartment associations; providing an effective
date.

Mr. Reed moved the adoption of the amendment, which was
adopted.

Representative Andrews offered the following amendment:

On page 2, line 5, strike "value" and insert the following:
consideration

Mr. Andrews moved the adoption of the amendment, which
was adopted.

Representative Crabtree offered the following amendment:

On page 2, line 4, following the word "is" insert "at least"

Mr. Crabtree moved the adoption of the amendment which
failed of adoption. The vote was:

Yeas-32



Alvarez
Brown
Burke
Crabtree
Crane
Earle
Elmore
Gallen



Gibson
Glisson
Gorman
Grizzle
Harllee
Johnson
Jones
Libertore



Matthews, H.
Miers
Mixson
Mooney
Moudry
Murphy
Rish
Robinson, A. S.



Robinson, J. W.
Sims
Tobiassen
Tucker
Whitson
Williamson
Woodward
Zinkil



82



April 8, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-65
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Caldwell
Clark, David
Clark, J. R.
Conway
Culbreath
D'Alemberte
Dixon
Dubbin
Firestone
Forbes
Fortune



Fulford
Gillespie
Grainger
Gustafson
Harris
Hartnett
Hazelton
Hector
Hodes
Hollingsworth
Kennelly
Kershaw
Lancaster
MacKay
Martinez
Matthews, C.
Mattox



Melvin
Milburn
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Reed
Reeves
Ryals
Santora
Savage
Sessums
Shaw
Shreve
Singleton



Suicola
Sykes
Thomas
Tillman
Trombetta
Tubbs
Turlington
Tyrrell
Walker
Westberry
Whitworth
Wilson
Wolfson
Yancey



Representative Randell was recorded as voting Yea and
Representative Redman was recorded as voting Nay.

Representative Rish offered the following amendment:

On page 2, line 1, insert the following after the word "cor-
poration": or agent

Mr. Rish moved the adoption of the amendment, which was
adopted.

Representative Redman offered the following amendment:

On page 2, line 9, strike "July 1," and insert the following:
October 1,

Mr. Redman moved the adoption of the amendment, which
was adopted.

Representative Gillespie offered the following amendment:

On page 2, line 6, strike "and such other information as the
department of revenue may, by regulation, require from time
to time." and insert a period.

Mr. Gillespie moved the adoption of the amendment, which
was adopted.
On motion by Mr. Reeves, the rules were waived and HB 739,
as amended, was read the third time by title.
Pending roll call-
Reuresentative Gillespie offered the following amendment:



Nays-50
Alvarez
Blackburn
Brown
Burke
Clark, Dick
Crabtree
Craig
Culbreath
Earle
Elmore
Featherstone
Forbes
Gallen



Gibson
Gillespie
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hollingsworth
Johnson
Jones
Libertore
Matthews, H.
Mattox



McDonald Sweeny
Miers Thomas
Mixson Tillman
Mooney Tittle
Moudry Tobiassen
Poorbaugh Tucker
Renick Whitson
Rish Williamson
Robinson, A. S. Woodward
Robinson, J. W. Yancey
Shaw Zinkil
Sims
Smith



Representatives Chapman, Firestone, Ogden, and Sackett were
recorded as voting Yea.

So the bill passed, as amended, and was ordered engrossed.

Mr. Reeves moved that the House reconsider the vote by
which HB 739 passed. On motion by Mr. Reed, the motion to
reconsider was laid on the table.
Consideration of HB 740 was temporarily deferred.
HB 728-A bill to be entitled An act relating to racing
funds; amending subsection 550.13(1), Florida Statutes, to
provide that any excess of revenues otherwise payable to the
counties over the amount so paid for the fiscal year 1971 shall
be paid to the general revenue fund.

-was taken up. On motions by Mr. Zinkil, the rules were
waived and HB 728 was read the second time by title and the
third time by title. On passage, the vote was:



Yeas-72
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Caldwell
Cherry
Clark, Dick
Conway
Crane
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Featherstone



Firestone
Fleece
Forbes
Fulford
Gautier
Gibson
Gillespie
Gorman
Grizzle
Gustafson
Harris
Hartnett
Hazelton
Hector
Hodes
Kennelly
Kershaw
Lancaster



MacKay Savage
Martinez Sessums
Matthews, H. Shreve
McDonald Sims
Milburn Singleton
Mooney Smith
Murphy Spicola
Nease Sweeny
Nichols Thomas
Ogden Trombetta
Poole Turlington
Poorbaugh Westberry
Powell Whitson
Redman Whitworth
Reed Williamson
Renick Wilson
Robinson. A. S. Wolfson
Robinson, J. W. Zinkil



In title, line 15, strike "and such other information deemed Nays-40
necessary by the department of revenue" ays



Mr. Gillespie moved the adoption of the amendment, which
was adopted.
The question recurred on the passage of HB 739, as further
amended. The vote was:

Yeas-57



Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Caldwell
Clark. David
Clark, J. R.
Conway
Crane
D'Alemberte
Danahy
Dixon
Dubbin
Fleece



Fortune
Fulford
Gautier
Glisson
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Kennelly
Lancaster
MacKay
Martinez
Matthews, C.



Melvin
Milburn
Murphy
Nease
Nergard
Nichols
Poole
Powell
Redman
Reed
Reeves
Santora
Savage
Sessums
Shreve



Singleton
Spicola
Sykes
Trombetta
Tubbs
Turlington
Tyrrell
Walker
Westberry
Whitworth
Wilson
Wolfson



Brown
Burke
Chapman
Clark, David
Clark, J. R.
Crabtree
Craig
Culbreath
Elmore
Fortune



Gallen
Glisson
Grainger
Harllee
Hess
Hollingsworth
Johnson
Jones
Libertore
Matthews, C.



Mattox
Melvin
Miers
Mixson
Moudry
Nergard
Reeves
Rish
Santora
Shaw



Sykes
Tillman
Tittle
Tobiassen
Tubbs
Tucker
Tyrrell
Walker
Woodward
Yancey



Representative Sackett was recorded as voting Yea and Repre-
sentative Randell was recorded as voting Nay.

So the bill passed.
On motion by Mr. Whitworth, the rules were waived and the
bill was ordered immediately certified to the Senate.

THE SPEAKER PRO TEMPORE IN THE CHAIR

HB 486-A bill to be entitled An act relating to air and
water pollution control; amending 403.161, Florida Statutes,



April 8, 1971



83









JOURNAL OF THE HOUSE OF REPRESENTATIVES



to provide for criminal penalties of five thousand dollars ($5,-
000) for each violation of Florida pollution laws, rules or per-
mits; providing an effective date.
-was taken up. On motion by Mr. Spicola, the rules were
waived and HB 486 was read the second time by title.

Representative Gautier offered the following amendment:

On page 2, lines 5 and 6, strike "or any order, rule or permit
issued pursuant to its authority".

Mr. Gautier moved the adoption of the amendment.

Pending consideration thereof-

On motion by Mr. Yancey, agreed to by two-thirds vote,
HB 486 was committed to the Committee on Criminal Justice.

HB 385-A bill to be entitled An act relating to noise pollu-
tion; amending section 403.031 relating to the definition of
"pollution"; amending section 403.061 relating to powers of
the department of air and water pollution control; providing
an effective date.
-was taken up. On motions by Mr. Spicola, the rules were
waived and HB 385 was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-98



Alvarez
Andrews
Baker
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Clark, Dick
Clark. J. R.
Conway
Crabtree
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece

Nays-None



Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hazelton
Hector
Hess
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay



Martinez
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Milburn
Mooney
Moudry
Nease
Nergard
Nichols
Ogden
Poole
Powell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Santora
Savage



Sessums
Shreve
Sims
Singleton
Smith
Spicola
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Turlington
Tyrrell
Walker
Westberry
Whitworth
Williamson
Wilson
Wolfson
Yancey



Representatives Baumgartner, Danahy, Hartnett, Sackett,
Tucker, and Whitson were recorded as voting Yea.

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

HB 371-A bill to be entitled An act relating to the air and
water pollution control board; amending section 403.051(5),
Florida Statutes, as amended by chapter 70-84, Laws of Flor-
ida, to change the quorum requirement from four (4) members
to three (3) members for all hearings under section 403.121,
Florida Statutes, which relate to violations of the pollution
control law; providing an effective date.
-was taken up. On motions by Mr. Spicola, the rules were
waived and HB 371 was read the second time by title and the
third time by title. On passage, the vote was:

Yeas--101



Baumgartner
Birchfield
Blackburn



Brown
Burke
Caldwell



Chapman
Cherry
Clark, David



Clark, Dick
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Featherstone
Firestone
Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger



Grizzle
Gustafson
Harllee
Harris
Hazelton
Hector
Hess
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay
Martinez
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Milburn



Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Poole
Powell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Santora
Savage
Sessums
Shreve
Sims
Smith



Spicola
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Wilson
Wolfson
Woodward
Yancey
Zinkil



Nays-None

Representatives Danahy, Hartnett, Sackett, Singleton, Tucker,
and Williamson were recorded as voting Yea.

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

HB 209-A bill to be entitled An act relating to oil spill
prevention; amending subsection (9) of section 3 of chapter
70-244, Laws of Florida, appearing as 376.031(9), Florida
Statutes, 1970 Supplement, to exempt from regulations of oil
spill prevention and pollution control act terminal facilities
having no more than twelve hundred (1200) gallons of pollu-
tants on the premises; providing an effective date.
-was taken up. On motion by Dr. Glisson, the rules were
waived and HB 209 was read the second time by title.

The Committee on Environmental Pollution Control offered
the following amendment:

On page 2, line 10, after the period insert the following: With
respect solely to application fees for licenses and annual license
fees as required in this act, the words

Mr. Spicola moved the adoption of the amendment, which
was adopted.

Representative Walker offered the following amendment:

On page 2, strike all of line 13 and insert the following:
having no more than one hundred (100) barrels of

Mr. Walker moved the adoption of the amendment, which
failed of adoption.

On motion by Dr. Glisson, the rules were waived and HB 209,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-97



Mr. Speaker pro tempore
Alvarez Conway
Andrews Crabtree
Baker Craig
Baumgartner Crane
Birchfield Culbreath
Blackburn D'Alemberte
Brown Danahy
Burke Dixon
Caldwell Dubbin
Chapman Earle
Clark. David Elmore
Clark. Dick Fleece
Clark, J. R. Forbes



Fortune
Fulford
Gallen
Gautier
Gibson
GillesDie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hazelton
Hector



Hess
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Lancaster
Libertore
MacKay
Martinez
Matthews, C.
Matthews. H.
Mattox
McDonald



Alvarez
Andrews
Baker



84



April 8, 1971












with said section is binding on the corporation regardless of
authorization by the board of directors, in the absence of
fraud; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Sackett, Harris, Featherstone, Forbes, and
Crabtree-
HB 818-A bill to be entitled An act relating to acknowledg-
ment and proof of instruments affecting real and personal
property; amending 695.03(1) and (2), Florida Statutes;
providing that acknowledgment or proof in this state may be
made before a United States magistrate; providing that ac-
knowledgment or proof outside this state may be made before
certain officers; providing that when a notary public out of
this state does not affix a seal, a certificate of proper author-
ity is sufficient; validating instruments heretofore acknowl-
edged; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Sackett, Harris, Featherstone, Forbes, and
Crabtree-
HB 819-A bill to be entitled An act relating to instruments
by which title to real estate or any interest therein or lien
thereon is conveyed, vested, encumbered, assigned or otherwise
disposed of; amending 695.24, Florida Statutes; requiring
the name and address of the natural person who prepared the
instrument, or under whose supervision it was prepared, to
appear on it; providing that an instrument recorded without
such information shall be constructive notice; providing excep-
tions; validating instruments heretofore recorded; providing an
effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Sackett, Harris, Forbes, Whitworth, and
Crabtree-
HB 820-A bill to be entitled An act relating to the devise
and descent of homestead realty; amending 731.05(1) and
731.27, Florida Statutes; conforming the law concerning devise
and descent of homestead realty to subsection (c) of section 4
of Article X of the State Constitution; providing for the
descent of homestead in accordance with the law of intestate
succession when its devise is prohibited; providing for an
election to take a life estate by the surviving spouse of home-
stead owner; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Redman, Johnson, Harris, Sackett, Forbes, Whitworth,
and Crabtree-
HB 821-A bill to be entitled An act relating to probate law;
adding subsection (4) to 731.35, Florida Statutes; providing
a three (3) year limitation for claiming dower interest in
realty conveyed by a husband before his death without relin-
quishment of dower; providing a saving clause; providing an
effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Redman, Johnson, Harris, Featherstone, Sackett,
Forbes, Whitworth, and Crabtree-
HB 822-A bill to be entitled An act relating to probate



procedure; creating 733.225, Florida Statutes; specifying that
court orders are not required for sales made pursuant to a
general Dower to sell contained in a will and that the sales need
not be justified by any necessity; validating sales heretofore
made under a general power of sale contained in a will;
providing an effective date.



89



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

By the Committee on Judiciary and Representatives Gallen,
Featherstone, Johnson, Sackett, Harris, Forbes, and Crabtree-
HB 823-A bill to be entitled An act relating to partnerships;
defining partnership property; describing how partnership
property may be acquired and conveyed or encumbered; valida-
ting conveyances to a partnership in its name heretofore re-
corded; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Forbes, Whitworth, and Crabtree-
HJR 824-A joint resolution proposing an amendment to
Section 4 of Article X of the State Constitution; providing that
alienation of homestead may be regulated by the legislature;
providing an effective date.
-was read the first time and placed on the Calendar without
reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Featherstone, Sackett, Forbes, Whitworth,
and Crabtree-
HB 825-A bill to be entitled An act relating to payment;
creating 725.05, Florida Statutes; providing for satisfaction
of a liquidated debt or obligation upon less than full payment;
providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Featherstone, Sackett, Forbes, Whitworth, and
SCrabtree-
HB 826-A bill to be entitled An act relating to proceedings
in courts that have been abolished; creating 26.56, Florida
Statutes; providing residual jurisdiction in the circuit court if
transfer of the proceeding in an abolished court is not other-
wise provided for; providing for procedure in the circuit court;
providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Redman, Johnson, Sackett, Harris, Featherstone, Forbes,
Whitworth, and Crabtree-
HB 827-A bill to be entitled An act relating to conveyances
between husband and wife, including interspousal transfers
of homestead real estate; amending 689.11(1), Florida
Statutes; providing for the creation of an estate by the en-
tirety by interspousal transfer; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Featherstone, Sackett, Harris, Forbes, Whit-
worth, and Crabtree-
HB 828-A bill to be entitled An act relating to trust powers
of corporations; amending 660.10(3), Florida Statutes; per-
mitting corporations to receive devises of real property as
trustees and to dispose of the property thus acquired; provid-
ing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Featherstone, Sackett, Harris, Forbes, Whit-
worth, and Crabtree-



HB 829-A bill to be entitled An act relating to dower;
amending 731.34, Florida Statutes; eliminating dower in real
property that the husband had conveyed before his death:
providing an effective date.



April 8, 1971



JOURNAL OF THE HOUSE OF REPRESENTATIVES










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Powell
Redman
Reed
Reeves
Rish
Robinson, A. S.
Ryals
Santora
Savage
Sessums
Shreve



Sims
Smith
Spicola
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tyrrell



Walker
Whitson
Whitworth
Williamson
Wilson
Wolfson
Woodward
Yancey
Zinkil



Libertore
MacKay
Martinez
Matthews, C.
Matthews, H.
Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nease



Nergard
Nichols
Ogden
Poole
Powell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Santora



Representatives Featherstone, Firestone, Hartnett, J. W.
Robinson, Sackett, Sweeny, and Tucker were recorded as voting
Yea.

So the bill passed, as amended.

Mr. Alvarez moved that the House reconsider the vote by
which HB 209 passed and left the motion pending.

HB's 191 and 449 were taken up, together with:

By the Committee on Environmental Pollution Control and
Representative Spicola-
CS for HB's 191 & 449-A bill to be entitled An act
relating to pollution; adding a new subsection to 403.061,
Florida Statutes, to provide that no detergents which contain
harmful additives in any amount shall be sold in Florida after
December 31, 1972; providing an effective date.
-which was read the first time by title and HB's 191 and
449 were laid on the table.

On motion by Mr. Wolfson, on behalf of Mr. Spicola, the
rules were waived and CS for HB's 191 and 449 was read the
second time by title.

Representative Hector offered the following amendment:

On page 1, strike lines 26 and 27 and insert the following:
Section 2. No county, city or other governmental agency shall
adopt or enforce, any ordinances, laws or regulations governing
additives in detergents which are inconsistent with rules and
regulations of the Department.

Section 3. This act shall take effect upon becoming a law.

Mr. Hector moved the adoption of the amendment, which
failed of adoption.

Representative Tobiassen offered the following amendment:

On page 1, line 21, after "additives," add: in amounts

Mr. Tobiassen moved the adoption of the amendment, which
was adopted.

On motion by Mr. Wolfson, the rules were waived and CS for
HB's 191 & 449, as amended, was read the third time by title.
On passage, the vote was:

Yeas-101



Mr. Speaker pro tempore
Alvarez Clark, Dick
Andrews Clark. J. R.
Baker Conway
Baumgartner Crabtree
Birchfield Craig
Blackburn Crane
Brown Culbreath
Burke D'Alemberte
Caldwell Dixon
Chapman Dubbin
Clark, David Earle



Elmore
Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger



Grizzle
Gustafson
Harllee
Hazelton
Hector
Hess
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Lancaster



Nays-None

Representatives Danahy, Featherstone, Hartnett, Poorbaugh,
Randell, Sackett, and Tucker were recorded as voting Yea.

So the bill passed, as amended.

On motion by Mr. Spicola, the rules were waived and the bill
was ordered immediately certified to the Senate, after engross-
ment.

HB's 177 and 248 were taken up, together with:

By the Committee on General Legislation and Representatives
Wilson and Gillespie-
CS for HB's 177 and 248-A bill to be entitled An act relat-
ing to animal exhibitions; amending 548.01, repealing 548.031;
adding 828.121 and repealing subsection 828.12(2), all Florida
Statutes, to remove references to animal exhibitions from chap-
ter 548, to remove the exception which permits certain animal
exhibitions including bloodless bullfighting under chapter 828,
and to provide that the conduct of a simulated bullfighting ex-
hibition is a prohibited act; providing an effective date.
-which was read the first time by title and HB's 177 and
248 were laid on the table.

On motions by Mr. Wilson, the rules were waived and CS
for HB's 177 and 248 was read the second time by title and the
third time by title.

On motion by Mr. Reed, the rules were waived and debate was
limited to two minutes per person, except for closing debate,
which was limited to five minutes per side.

Mr. Powell moved the previous question, which was agreed to.

The question recurred on the passage of CS for HB's 177
and 248. The vote was:

Yeas-94



Mr. Speaker pro tempore
Alvarez Earle
Andrews Elmore
Baker Fleece
Baumgartner Forbes
Birchfield Fulford
Blackburn Gallen
Brown Gautier
Burke Gibson
Caldwell Gillespie
Chapman Glisson
Cherry Gorman
Clark, David Grainger
Clark. Dick Grizzle
Clark. J. R. Gustafson
Conway Harllee
Crabtree Hazelton
Craig Hector
Crane Hodes
Culbreath Hollingsworth
D'Alemberte Johnson
Danahy Jones
Dixon Kennelly
Dubbin Kershaw



Libertore Sessums
MacKay Shreve
Matthews, H. Sims
Mattox Singleton
McDonald Smith
Melvin Spicola
Milburn Sykes
Mixson Thomas
Mooney Tittle
Moudry Tobiassen
Murphy Trombetta
Nease Tubbs
Nergard Tyrrell
Ogden Walker
Poole Westberry
Powell Whitson
Redman Whitworth
Reeves Williamson
Renick Wilson
Rish Wolfson
Robinson, A. S. Woodward
Robinson, J. W. Yancey
Ryals Zinkil
Savage



Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole



Nays-None



Savage
Sessums
Shreve
Sims
Singleton
Smith
Spicola
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs



Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Wolfson
Woodward
Yancey
Zinkil



April 8, 1971



85










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-8
Martinez Reed



Tillman



Representatives Featherstone, Firestone, Hartnett, Hess, Ran-
dell, Sackett, and Tucker were recorded as voting Yea.

So the bill passed.

On motion by Mr. Wilson, the rules were waived and the bill
was ordered immediately certified to the Senate.


Consideration of House General Bills and
Joint Resolutions on Second Reading

HB 493-A bill to be entitled An act relating to agricultural
and vegetable seed; amending subsection (1) of section 578.27,
Florida Statutes, to provide alternate members to arbitration
council; providing effective date.
-was taken up. On motions by Mr. Tillman, the rules were
waived and HB 493 was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-93



Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark. David
Clark. Dick
Clark. J. R.
Conway
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Elmore



Fleece
Forbes
Fortune
Fulford
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Hazelton
Hector
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay
Martinez



Matthews, H.
Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, J. W.
Ryals
Santora



Savage
Sessums
Shreve
Sims
Smith
Sykes
Thomas
Tillman
Tittle
Trombetta
Tubbs
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Wolfson
Woodward
Yancey
Zinkil



Nays-None

Representatives Featherstone, Hartnett, Sackett, and Tucker
were recorded as voting Yea.

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

HB 494-A bill to be entitled An act relating to agricultural
and livestock fairs; amending section 616.21 (2), Florida Stat-
utes. redesignating members of the agricultural and livestock
fair council; providing an effective date.
-was taken up. On motions by Mr. Culbreath, the rules were
waived and HB 494 was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-95



Mr. Speaker pro tempore
Alvarez Chapman
Andrews Clark. David
Baker Clark. Dick
Baumgartner Clark. J. R.
Birchfield Conway
Blackburn Craig
Brown Crane
Burke Culbreath
Caldwell D'Alemberte



Danahy
Dixon
Dubbin
Earle
Elmore
Fleece
Forbes
Fortune
Fulford
Gallen



Gautier
Gibson
Gillesie
Glisson
Gorman
Graineer
Grizzle
Harllee
Hartnett
Hazelton



Hector
Hodes
Hollingsworth
Johnson
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald



Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Powell
Randell
Redman



Reeves
Renick
Rish
Robinson, J. W.
Ryals
Santora
Savage
Sessums
Shreve
Sims
Singleton
Smith
Spicola
Sykes



Thomas
Tillman
Tittle
Trombetta
Tubbs
Turlington
Walker
Westberry
Whitson
Williamson
Wilson
Woodward
Yancey
Zinkil



Nays-None

Representatives Featherstone, Sackett, Tucker, and Wolfson
were recorded as voting Yea.

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


HB 607-A bill to be entitled An act relating to eggs;
creating 583.022, Florida Statutes, making it unlawful for
producers or dealers to hold or store eggs above a certain
temperature; providing an effective date.
-was taken up. On motions by Mr. Hollingsworth, the rules
were waived and HB 607 was read the second time by title and
the third time by title. On passage, the vote was:

Yeas-93



Mr. Speaker pro tempore
Alvarez Fleece
Andrews Forbes
Baker Fortune
Baumgartner Fulford
Birchfield Gallen
Blackburn Gautier
Brown Gibson
Burke Gillespie
Caldwell Glisson
Chapman Gorman
Cherry Grainger
Clark, David Grizzle
Clark, Dick Harllee
Clark, J. R. Hartnett
Conway Hazelton
Craig Hector
Crane Hodes
Culbreath Hollingsworth
D'Alemberte Johnson
Danahy Jones
Dixon Kennelly
Dubbin Kershaw
Earle Lancaster



Nays-3
Elmore



Rish



Libprtore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nerrard
Nichols
Ozden
Poole
Powell
Randell
Redman
Reeves
Renick
Robinson, A. S.
Robinson. J. W.



Singleton



Ryals
Santora
Savage
Sessums
Shreve
Sims
Smith
Sykes
Thomas
Tillman
Tittle
Trombetta
Tubbs
Walker
Westberry
Whitson
Williamson
Wilson
Winn
Woodward
Yancey
Zinkil



Representatives Featherstone, Sackett, Tucker, and Wolfson
were recorded as voting, Yea.

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

Mr. Dubbin moved that the rules be waived and the House
adjourn upon completion of Introduction and Reference of Bills,
to reconvene at 10:00 A.M. tomorrow, which was agreed to.


Introduction and Reference

By Representatives Rish and Chapman-
HB 791-A bill to be entitled An act relating to the develop-
ment of a recreational park for the handicapped; providing for
legislative intent to have said park constructed; providing an
effective date.



86



April 8, 1971









JOURNAL OF THE HOUSE



-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representatives Rish and Chapman-
HB 792-A bill to be entitled An act relating to the division
of recreation and parks; authorizing operation and develop-
ment of Dead Lakes state recreation area in Gulf County by
the division; providing an appropriation; providing an effec-
tive date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representatives Reeves, Harris, and Wolfson-
HB 793-A bill to be entitled An act relating to the powers,
duties and functions of the state racing commission; amending
20.16(5), Florida Statutes; providing for a type three trans-
fer of the state racing commission to the department of business
regulation instead of a type one transfer; providing that the
functions of the state racing commission are to be assigned
to the division of pari-mutuel wagering of the department of
business regulation and the board previously heading the state
racing commission is abolished; providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

By Representatives Reeves, Harris, and Wolfson-
HB 794-A bill to be entitled An act relating to the power,
duties and functions of the land sales board; amending
20.16(7), Florida Statutes; providing for a type three transfer
of the land sales board to the department of business regu-
lation instead of a type one transfer; providing that the
functions of the land sales board are to be assigned to the
division of Florida land sales of the department of business
regulation and the board previously heading the land sales
board is abolished; providing an effective date.
-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations,

By Representatives Tubbs, Hazelton, J. W. Robinson, Hollings-
worth, and Hodes-
HB 795-SF-A proposal to be entitled An act relating to state
prisons.
-was read by title and referred to the Committee on
Governmental Organization & Efficiency.
By the Committee on Agriculture & Citrus and Representative
Culbreath-
HB 796-A bill to be entitled An act relating to dressed
poultry inspections; repealing subsection (4) of 583.18, Flor-
ida Statutes; removing the inspection fee on all dressed poultry
sold in this state or used in the preparation of food served
to the public; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By the Committee on Agriculture & Citrus--

HB 797-A bill to be entitled An act relating to egg inspec-
tion fees; repealing 583.07, Florida Statutes; removing the
inspection fee collected by the department of agriculture and
consumer services; providing an effective date.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By the Committee on Agriculture & Citrus and Representative
Tillman-



HB 798-A bill to be entitled An act relating to poultry;
providing definitions; requiring poultry producers, egg pro-
ducers, and poultry hatcheries to provide for the sanitary
disposal of dead birds and hatchery residue; prescribing powers
and duties of the department of agriculture and consumer
services; providing a penalty; providing an effective date.



April 8, 1971



gifts; amending section 736.25(2), Florida Statutes, which was
created by section 6, chapter 69-88, Laws of Florida; authoriz-
ing a uniform donor card, providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.



OF REPRESENTATIVES 87

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

By the Committee on Agriculture & Citrus-
HB 799-A bill to be entitled An act relating to citrus;
amending section 601.02, Florida Statutes, by adding a new
unnumbered paragraph at the conclusion of said section: ennat-
ing a savings or severability clause applicable to chapter 601,
Florida Statutes; providing for an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Agriculture & Citrus-
HB 800-A bill to be entitled An act relating to citrus;
amending section 601.06, Florida Statutes, to correct an am-
biguity; providing that the Florida Citrus Commission mem-
bers shall receive twenty-five dollars ($25.00) per day in addi-
tion to per diem and reimbursement of expenses; and providing
an effective date.
-was read the first time by title and referred to the
Committee on Appropriations.

By the Committee on Agriculture & Citrus-
HB 801-A bill to be entitled An act relating to citrus;
amending section 601.10(6), Florida Statutes, by authorizing
the executive director to execute contracts and agreements
which have been approved by the Florida citrus commission;
providing for an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative Gallen-
HB 802-A bill to be entitled An act relating to barbers;
amending Chapter 476, Florida Statutes; providing for the
payment of a fee for restoration of an expired certificate as an
apprentice barber; deleting the requirement for the secretary
of the commission to give a bond; requiring all barber shops
and barber schools to be equipped with washing and toilet
facilities with running water; providing an effective date.
-was read the first time by title and referred to the
Committees on Manpower & Development and Finance & Tax-
ation.

By Representative Ogden-
HB 803-A bill to be entitled An act amending Section
562.13 of Chapter 562, Laws of Florida, as amended, being the
enforcement chapter of the beverage law, permitting persons
over the age of seventeen years to be employed by manufac-
turers and distributors of alcoholic beverages; providing an
effective date.
-was read the first time by title and referred to the
Committee on Business Regulation.

By the Committee on Judiciary and Representative Nichols-
HB 804-A bill to be entitled An act relating to the evidenti-
ary use of confidential communications between suicide preven-
tion or crisis care centers and persons seeking aid from said
centers; amending chapter 90, Florida Statutes; providing an
effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Sackett
and David ClarK-
HB 805-A bill to be entitled An act relating to anatomical









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Whitson-
HB 806-A bill to be entitled An act relating to dower;
amending section 731.34, Florida Statutes, by deleting provi-
sions relating to the spouse's relinquishment of dower rights in
property conveyed by the husband before his death; deleting
provisions differentiating between encumbrance of separate
real and personal property of married persons; providing that
a married man may convey his separate property free and clear
of claim or right of dower without the relinquishment there-
of or joinder by his spouse; providing an exception; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By the Committee on Judiciary and Representatives Feather-
stone, Gallen, Sackett, Crabtree, Harris, Brown, Johnson, and
Forbes-
HB 807-A bill to be entitled An act relating to clerks of the
circuit courts, keeping of records; creating 28.211 and
28.222, Florida Statutes, and amending 28.29, Florida Stat-
utes; providing for the recording of instruments in one (1)
series of books, to be called "Official Records"; providing
for the keeping of progress dockets and the recording of
orders and judgments; requiring the recording of certain
documents filed with the clerk; repealing 28.18, 28.20,
28.21, 28.22, 28.221 and 28.23, Florida Statutes, and 28.28,
Florida Statutes, as amended by chapter 70-134, Laws of Flor-
ida, relating to the recording of instruments and the keeping
of records and dockets; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Sackett,
Crabtree, Gallen, Brown, Johnson, and Forbes-
HB 808-A bill to be entitled An act relating to civil
procedure; amending 45.031, Florida Statutes, as amended by
chapter 70-134, Laws of Florida; providing a judicial sales
procedure; changing the time for sales, permitting the time to
be enlarged by court order and eliminating a time for redemp-
tion in judgments and orders; requiring the forms prescribed
by the statute to carry a court caption as provided in the rules
of civil procedure; amending the method of assessing defi-
ciency judgments; repealing 702.02 and 702.021 and subsec-
tion (2) of 713.26, Florida Statutes, relating to foreclosure
procedure; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Feather-
stone, Sackett, Crabtree, Harris, Gallen, Brown, Johnson, and
Forbes-
HB 809-A bill to be entitled An act relating to the lien of
final judgments and decrees on real estate; amending 55.10,
Florida statutes, and creating 55.101, Florida Statutes; pro-
viding the books in which certified copies of judgments and
decrees are to be recorded to become liens on real estate;
validating the liens of judgments and decrees of which certi-
fied copies have been recorded heretofore in the manner pre-
scribed in this act; eliminating liens on real estate when
judgments and decrees have been recorded otherwise than in
judgment lien books and official records; repealing subsection
28.221(4), Florida Statutes, relating to records; providing an
effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Redman,
Featherstone, Crabtree, Sackett, Harris, Gallen, Brown, John-
son, and Forbes--
HB 810-A bill to be entitled An act relating to notary
seals; amending 117.07, Florida Statutes, providing that seals
may be of the rubber-stamp or impression type; providing
an effective date.



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



By the Committee on Judiciary and Representatives Feather-
stone, Crabtree, Sackett, Harris, Gallen, Brown, Johnson, and
Forbes-
HB 811-A bill to be entitled An act relating to the payment
of intangible personal property tax on mortgages, deeds of
trust or other liens; amending 199.141(3) (a), Florida Stat-
utes, providing that failure to pay the tax or the correct amount
of the tax before recording shall not prevent the instrument
from being constructive notice as otherwise provided by law;
providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Feather-
stone, Crabtree, Sackett, Harris, Gallen, Brown, Johnson, and
Forbes-
HB 812-A bill to be entitled An act relating to tax execu-
tions; amending 212.15(3), Florida Statutes, to delete the
requirement that clerks of the circuit court issue execution on
tax warrants; authorizing the department of revenue to issue
the execution; providing an effective date.
--was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Redman,
Featherstone, Crabtree, Sackett, Harris, Gallen, Brown, John-
son, Forbes, and Whitworth-
HB 813-A bill to be entitled An act relating to vital
statistics; amending 382.35(5), Florida Statutes; providing
that copies of marriage, divorce or death records shall be
furnished by the state registrar to all persons requesting them;
providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Feather-
stone, Sackett, Crabtree, Johnson, Harris, Gallen, Brown, and
Forbes--
HB 814-A bill to be entitled An act relating to limited
partnerships; amending 620.03, Florida Statutes, as amended
by chapter 70-301, Laws of Florida, and creating 620.081,
Florida Statutes; defining partnership property; describing
how partnership property may be acquired, encumbered and
conveyed; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Feather-
stone, Crabtree, Johnson, Sackett, Harris, Gallen, Brown, and
Forbes-
HB 815-A bill to be entitled An act relating to limited
partnerships; amending 620.09, Florida Statutes; defining the
rights, powers and liabilities of general partners; providing
an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Feather-
stone, Brown, Harris, Gallen, and Johnson-
HB 816-A bill to be entitled An act relating to estates by
survivorship; amending 689.15, Florida Statutes; providing
that a joint tenancy with right of survivorship may be created;
providing an alternative method of creating the estates;
validating conveyances heretofore executed; providing an ef-
fective date.
--was read the first time by title and placed on the Calendar
without reference.

By the Committee on Judiciary and Representatives Gallen,
Brown, Redman, Johnson, Harris, Featherstone, Sackett, Forbes,
and Crabtree.



HB 817-A bill to be entitled An act relating to conveyances
by corporations; amending 692.01, Florida Statutes;
providing that a corporate instrument executed in accordance



88



April 8, 1971









JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

By the Committee on Judiciary and Representatives Gallen,
Brown, Johnson, Sackett, Harris, Forbes, and Crabtree-
HB 830-A bill to be entitled An act relating to convey-
ances of homestead; providing for the execution of a deed or
mortgage of homestead realty by virtue of a power of attor-
ney; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.,

By the Committee on Appropriations-
HB 831-A bill to be entitled An act relating to education;
amending section 2 of chapter 70-94, Laws of Florida, by
adding a new paragraph (c) to section 236.07(5), Florida
Statutes, providing a procedure for the disbursement of
funds to school districts for 1970-71 and 1971-72 fiscal years;
amending section 4 of chapter 70-94, Laws of Florida, by
adding a new provision in section 236.07(9)(a), Florida
Statutes, relating to the required local effort of the school
districts for participation in the minimum foundation program;
and providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Representative Reed-
HB 832-A bill to be entitled An act relating to barbiturates
and central nervous system stimulants; adding subsection (2)
to 404.05, Florida Statutes; providing that pharmacists shall
keep a separate record for a two (2) year period, of barbitu-
rates and central nervous system stimulants received and dis-
pensed; providing that this list shall contain certain items;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Conway and Gillespie-
HB 833-A bill to be entitled An act relating to money paid
into court; amending subsection (2) of section 43.17, Florida
Statutes, as amended by chapter 70-31, Laws of Florida, to
require money deposited with a court and held for longer than
thirty (30) days to be deposited in certain financial institu-
tions to earn the highest interest possible, and to provide that
the interest received on such deposited funds accrue to the
credit of the person depositing such funds with the court or to
whomever such funds were deposited for as security, as the
court shall order; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Andrews-
HB 834-A bill to be entitled An act for the relief of Isabella
Y. Smith and Levant Smith to compensate them for personal
injuries and property damage sustained as a result of the
negligence of the department of transportation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Reed--
HB 835-SF-A proposal to be entitled An act relating to the
sales tax; providing a suggested effective date.
-was read by title and referred to the Committee on Fi-
nance & Taxation.



education being defined; the amount, limit and mode of pay-
ment tuition grants being provided for; requirements of
schools before benefits of act are realized, including prohibi-
tion against racial discrimination being provided; providing for
permissive minimum standards for approval of non-public
schools; providing for administration of act, requirements for
records and reports; and providing for an appropriation; and
providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representatives Caldwell and Trombetta-
HB 837-A bill to be entitled An act relating to Broward
County; amending Section 15 e. of Chapter 59-877, Laws of
Florida, as amended by Chapters 67-891 and 69-654, Laws of
Florida, prescribing the compensation of the official court
reporter and the deputy court reporter of the court of record
of Broward County; providing an effective date and retroactive
provision.
Evidence of notice and publication was
established by the House as to HB 837.

-was read the first time by title and referred to the
Committees on Community Affairs and Appropriations.

By Representative Spicola-
HB 838-A bill to be entitled An act relating to air and
water pollution; amending section 403.141, Florida Statutes;
authorizing the recovery of civil damages for air pollution;
providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Firestone-
HB 839-A bill to be entitled An act relating to grand
juries; providing that no report or presentment of a grand
jury relating to an individual which is not accompanied by a
true bill or indictment shall be made public until the individual
concerned has received a copy and has had an opportunity to
file a motion seeking to delete from the report that portion
which he feels is unlawful; providing that such motion shall act
as a stay of public announcement until the district court of
appeal affirms or denies the court's ruling on the motion; pro-
viding an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Firestone-
HB 840-A bill to be entitled An act relating to grand
juries; authorizing the impaneling of additional, concurrent
grand juries in any county when necessary; providing the pow-
ers of such grand juries; providing for exemptions relating to
disclosure of information; repealing chapter 67-2224, Laws of
Florida; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Firestone-
HB 841-A bill to be entitled An act relating to special
grand jury funds; amending 125.59(1) and (2), Florida
Statutes; requiring county commissions to budget and appropri-
ate county funds in a specified amount for use by grand juries;
providing other procedures for counties of a specified size;
authorizing the grand jury to employ special legal counsel;
requiring the grand jury to appoint and use a court reporter
or stenographer; providing an effective date.



-was read the first time by title and referred to the
By Representatives Stevens, C. Matthews, Baumgartner, Committees on Judiciary and Appropriations.
Whitworth, Kershaw, Trombetta, and Singleton-



HB 836-A bill to be entitled An act to provide for tuition
grants to parents or guardians of children who are residents of
Florida and are attending grades K through 12 in non-public
schools in Florida; said tuition grants to bear a portion of
the cost of the secular education of said children, secular



By Representative Firestone-
HB 842-A bill to be entitled An act relating to grand
juries; amending chapter 26665, Laws of Florida, 1951, to
provide for continuous sessions of the grand jury in all coun-



90



April 8, 1971









JOURNAL OF THE HOUSE]



ties; repealing 905.01(2) and 905.09, Florida Statutes, as
amended by 41 and 48, chapter 70-339, Laws of Florida,
to conform to this act; repealing chapter 25529, Laws of Flor-
ida, 1949, which provides for continuous sitting of the grand
jury in counties with a population exceeding three hundred
fifteen thousand (315,000), according to the latest official
decennial census; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Firestone-
HB 843-A bill to be entitled An act relating to juries and
jury commissions; adding subsection (4) to 286.011, Florida
Statutes, to provide an exception from the requirement that all
meetings be held in public for grand and petit juries, jury
commissions and county commissions acting as jury commis-
sions; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Firestone-
HB 844-A bill to be entitled An act relating to jurors and
jury lists; amending 40.08, Florida Statutes, as amended by
2 of chapter 70-138, Laws of Florida, to provide an exemp-
tion from grand jury duty for any person who has served as a
juror in the past five (5) years; repealing 250.15, 466.21,
and 470.27, Florida Statutes, which exempt respectively hon-
orary contributing members of the national guard, dentists,
and funeral directors and embalmers from jury duty; providing
an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Firestone-
HB 845--A bill to be entitled An act relating to grand juries;
amending 905.17(1) and 905.19, Florida Statutes, as
amended by 54 and 57 of chapter 70-339, Laws of Florida,
to provide that the grand jury may elect to exclude the state
attorney or his assistant from being present at grand jury
sessions when the grand jury has selected an attorney as
special legal counsel; providing that such special counsel may
be present; repealing 27.03, Florida Statutes, to conform
with this act; providing an effective date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representatives Sessums, Conway, Walker, Trombetta,
and Zinkil-
HB 846-A bill to be entitled An act relating to education;
amending section 236.03, Florida Statutes, by placing allocation
of recalculation funds on the same basis as other minimum
foundation program funds; amending section 236.07(5), Florida
Statutes, as amended by chapter 70-94, Laws of Florida, by
removing the requirement that the department add to the value
of each instruction unit for current expenses other than
instructional salaries and transportation the per unit difference
between the amount determined by the application of the
number of mills of tax required for participation in the mini-
mum foundation program on ninety-five per cent (95%) of
the nonexempt assessed valuation for all counties collectively for
the preceding calendar year as determined by the auditor
general and the amount determined by the application of the
number of mills of tax required for participation in the mini-
mum foundation program on ninety-five per cent (95%) of the
nonexempt assessed valuation for all counties collectively
for the preceding calendar year; amending section 236.07(9),
Florida Statutes, as amended by chapter 70-94, Laws of Flori-
da, by requiring certification of ratio study by March 1 instead
of May 1; delaying the application of the results of the ratio
study of assessment levels conducted by the auditor general
until the 1972-73 fiscal year; by defining one hundred percent
(100%) nonexempt assessed valuation; by removing the re-
quirement that if the one thousand one hundred dollar
($1,100.00) annual increase for current expenses other than



instructional salaries and transportation is not appropriated in
full for a given year the minimum required local effort for
such year revert to the level required for the year in which



April 8, 1971



HB 853-A bill to be entitled An act relating to lending
institutions; prohibiting any lendor from requiring a prospec-
tive borrower or exerting pressure to lead a prospective bor-
rower to believe he is required to obtain any insurance other
than credit life insurance as a condition precedent to obtaining
a loan; providing an effective date.



E OF REPRESENTATIVES 91

current expenses other than instructional salaries and trans-
portation was last fully funded; amending section 236.0725,
Florida Statutes, as enacted by section 6 of chapter 70-94,
Laws of Florida, by delaying the application of the results of
the ratio study of assessment levels until the 1972-73 fiscal
year; amending section 236.251, Florida Statutes, as amended
by section 8 of chapter 70-94, Laws of Florida, by removing
obsolete provisions by increasing the exclusions from the mill-
age limitation; by providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Featherstone-
HR 847-A resolution creating a standing committee on
veterans' affairs.
-was read the first time by title and referred to the
Committees on House Administration & Conduct and Appro-
priations.

By Representative Featherstone-
HJR 848-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution, relating to
homestead exemption of veterans who have been disabled as the
result of military service.
-was read the first time and referred to the Committees
on Finance & Taxation and Appropriations.

By Representative Featherstone-
HB 849-A bill to be entitled An act relating to scholarships
for veterans' dependents; amending 295.01, Florida Statutes,
to provide that scholarships shall be available for such depend-
ents regardless of whether the parent entered the armed forces
from this state; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representative Featherstone-
HB 850-A bill to be entitled An act relating to veterans;
creating 295.14, Florida Statutes, providing that the state
shall pay a portion of the expense of transporting the body of
an indigent veteran who dies in this state for burial in a
national cemetery in this state; providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

By Representative Featherstone-
HB 851-A bill to be entitled An act relating to recreation
and parks; adding subsection (3) to 125.46, Florida Statutes,
and adding subsection (3) to 592.072, Florida Statutes, to
exempt exservicemen with fifty percent (50%) disability from
the requirement of paying an admission fee for entry into any
state or county park; providing an effective date.
-was read the first time by title and referred to the
Committees on Natural Resources and Appropriations.

By Representative Featherstone-
HB 852-A bill to be entitled An act relating to insurance
contracts; amending Part II of chapter 627, Florida Statutes, by
adding section 627.01135; prohibiting discrimination between
physicians authorized by state law to perform the services
for which payment or reimbursement is authorized under the
insurance contract; defining the word physician; providing an
effective date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Featherstone-









92 JOURNAL OF THE HOUSE

-was read the first time by title and referred to the
Committee on Business Regulation.

By Representative Featherstone-
HJR 854-A joint resolution proposing an amendment to
Section 5 of Article IV of the State Constitution, relating to
assumption of office by the governor, lieutenant governor, and
cabinet.
-was read the first time and referred to the Committees on
Governmental Organization & Efficiency and Appropriations.

By Representative Featherstone-
HCR 855-A concurrent resolution creating a select joint
committee of the legislature to study the problems created by
the teaching of judo, jujitsu, or karate to juveniles and to
report its findings and recommendations to the next regular
session of the legislature.
-was read the first time by title and referred to the
Committees on General Legislation and Appropriations.

By Representative Featherstone-
HB 856-A bill to be entitled An act relating to turnpike
projects; adding subsection (4) to 340.12, Florida Statutes,
to provide that certain funds received from the operation of
turnpike projects shall be used for the installation and oper-
ation of a system of roadside emergency telephones; providing
an effective date.
-was read the first time by title and referred to the
Committees on Transportation and Appropriations.

By Representative Featherstone-
HB 857-A bill to be entitled An act relating to veterans;
directing the division of veterans' affairs of the department of
community affairs to study the feasibility of establishing a
state veterans' nursing home; providing for a report to the
legislature; providing an effective date.
-was read the first time by title and referred to the
Committees on Community Affairs and Appropriations.

By Representative Featherstone-
HB 858-A bill to be entitled An act relating to public
buildings; amending 255.21, Florida Statutes, to require that
plans and specifications for the construction of public buildings
include special facilities for the physically impaired persons;
providing an effective date.
-was read the first time by title and referred to the
Committees on General Legislation and Apppropriations.

By Representative Featherstone-
HB 859-A bill to be entitled An act relating to veterans and
their dependents; adding subsection (4) to 240.052, Florida
Statutes, as amended by chapter 70-51, Laws of Florida, to
provide that such persons attending institutions in the state
university system under the federal educational assistance acts
shall have an extra sixty (60) days for payment of registration
fees; providing an effective date.
-was read the first time by title and referred to the
Committees on Education and Appropriations.

By Representatives Conway and Gillespie-
RB 860---A bill to be entitled An act relating to the depart-
ment of legal affairs; creating a division of utility rate review
within the department, requiring the division to appear on be-
half of the public at all hearings upon requests for increases
in utility rates, and allowing the division to make certain other



appearances and take certain initiatives for the purpose of
representing the consuming public in public utility matters at
administrative and judicial forms; requiring reports; transfer-
ring personnel and property of the public service commission to
the division; providing an effective date.



I



OF REPRESENTATIVES April 8, 1971

-was read the first time by title and referred to the
Committees on Governmental Organization & Efficiency and
Appropriations.

By Representative Hodes-
HB 861-A bill to be entitled An act relating to the depart-
ment of health and rehabilitative services, division of health,
repealing Section 401.04, Florida Statutes, abolishing the hos-
pital services for the indigent advisory committee created
thereby for the division of health, and providing an effective
date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Hodes-
HB 862-A bill to be entitled An act relating to the depart-
ment of health and rehabilitative services, division of correc-
tions, repealing Section 945.05, Florida Statutes, and amending
Section 945.06, Florida Statutes, to abolish the advisory
council on adult corrections, and providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.

By Representative Hodes-
HB 863-A bill to be entitled An act relating to the depart-
ment of health and rehabilitative services, division of mental
health, repealing Section 396.101 and Section 396.111, Florida
Statutes, abolishing the advisory council on alcoholic rehabili-
tation created thereby for the bureau of alcoholic rehabilita-
tion, division of mental health; repealing Sections 402.01,
402.02 and 402.03, Florida Statutes, abolishing the council on
training and research in mental health in Florida created for
the division of mental health; amending Section 402.04, Florida
Statutes, reflecting the transfer of duties of the council on
training and research in mental health in Florida to the advis-
ory council on mental health created for the division of
mental health; amending Section 402.11, Florida Statutes, to
increase the size and expand the duties of the advisory council
on mental health created for the division of mental health; and
providing an effective date.
-was read the first time by title and referred to the
Committees on Health & Rehabilitative Services and Appropri-
ations.

By Representative Kennelly-
HB 864-A bill to be entitled An act relating to insurance;
creating 627.075, Florida Statutes, to authorize the depart-
ment of insurance to adopt uniform accounting procedure for
insurers and to require insurers to adhere to such accounting
procedures for rate making purposes; providing an effective
date.
-was read the first time by title and referred to the
Committee on Insurance.

By Representative Gautier-
HB 865-A bill to be entitled An act relating to occupational
license taxes; adding paragraph (h) to 205.311(2), Florida
Statutes, to provide an exemption to establishments utilizing
coin-operated musical vending devices; providing an effective
date.
-was read the first time by title and referred to the
Committees on Business Regulation and Finance & Taxation.

By Representatives Fortune and Hodes-
HB 866-A bill to be entitled An act relating to the bureau
of vital statistics; amending 382.35(2), Florida Statutes, to
prohibit release of information naming natural parents of
adopted children; providing an effective date.
-was read the first time by title and referred to the
Committee on Health & Rehabilitative Services.



By Representative Fortune-
HB 867-A bill to be entitled An act relating to electronic
data processing; adding a new subsection to 23.027, Florida









JOURNAL OF THE HOUSE]



Statutes; providing that the division of electronic data process-
ing of the department of general services may specify com-
puter language to be used by each data process center; provid-
ing an effective date.
-was read the first time by title and referred to the
Committee on Governmental Organization & Efficiency.

By Representative Fortune-
HB 868-A bill to be entitled An act relating to the intangi-
ble personal property tax; providing that the first one hundred
thousand dollars ($100,000) of intangible tax collections in
each county shall be returned to the county; providing an
effective date.
-was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representative Walker-
HM 869-A Memorial to the Congress of the United States
urging the early adoption of a program of federal revenue
sharing of revenue derived from federal taxation of income
with the several States of the United States.
-was read the first time by title and referred to the
Committee on Finance & Taxation.

By Representative Walker-
HB 870-A bill to be entitled An act relating to the depart-
ment of commerce; directing the department of commerce to
halt all activities and the expenditure of related funds which
are for the primary purpose of encouraging people of other
states and countries to make their permanent residence in
Florida; providing an effective date.
-was read the first time by title and referred to the
Committee on Manpower & Development.

By Representative Walker-
HB 871-A bill to be entitled An act relating to traffic
regulation; amending 317.201(2), Florida Statutes, providing
mandatory imprisonment for conviction of driving while
under the influence of intoxicants; providing an effective date.
-was read the first time by title and referred to the
Committee on Criminal Justice.

By Representative Caldwell-
HB 872-A bill to be entitled An act relating to Broward
County, Florida; providing for permanent office space for the
legislative delegation; authorizing the board of county commis-
sioners of Broward County to provide the legislative delegation
with permanent office space or offices, in one or more locations
in the county, as to be determined by the legislative delega-
tion, together with furnishings, supplies, telephone service,
legal and secretarial assistants; providing for the payment of
expenses necessary for maintenance of the office or offices
from county funds, and all other expenses necessary and
proper: making such expenditures a county purpose; providing
that this act shall be cumulative; repealing chapter 67-1031,
Laws of Florida; providing for an effective date.
Evidence of notice and publication was
established by the House as to HB 872.
--was read the first time by title and referred to the
Committees on House Administration & Conduct and Appro-
priations.

By Representative Caldwell--
HB 873-A bill to be entitled An act relating to Broward
County, Florida; amending sections 8, 9, 10, 17 and 18, Chapter



69-911, Laws of Florida, providing for change in meeting pay
and removal of commissioners, change in assessments, equip-
ment purchase regulations, fire protection contracts, to provide
for a referendum and an effective date.
-was read the first time by title and referred to th-
Committees on Community Affairs and Appropriations.



April 8, 1971



be appointed agent of authority for construction; providing
for acquisition of lands and property; providing for cooper-
ation with other units, boards, agencies and individuals and
providing for a covenant of the state: providing for exemption
from taxation by transportation authority and for eligibility
for investments and security and for pledges enforceable by



E OF REPRESENTATIVES 93

By Representative Gustafson-
HB 874-A bill to be entitled An act relating to Broward
County, Florida; amending Sections 7 through 11 of Chapter
59-877, Laws of Florida, 1959; abolishing the Office of County
Solicitor; providing that the State Attorney of the Seventeenth
Judicial Circuit in and for Broward County, Florida, shall be
the prosecuting attorney of the Court of Record of Broward
County; providing that pending Information survive, and
may be amended by the State Attorney or his Assistant State
Attorneys; prescribing his duties and those of his Assistants;
allowing the State Attorney the process of the Court of Record
and the power to administer oaths; providing for prosecu-
tions in said Court by Indictment, Information, or as otherwise
provided by law; transferring County funds budgeted for the
.County Solicitor's office for County fiscal year 1970-71 to
the use of the said State Attorney's office; abolishing the fee
system of funding the County Solicitor's office; authorizing
Broward County to expend funds upon the certification of the
State Attorney for the period from the effective date of this
Act up to the commencement of the next County fiscal year for
the proper operation of the State Attorney's office to the
extent not provided by State appropriations; amending Chapter
63-1154, Special Acts of Florida, 1963, to authorize Broward
County to provide County Courthouse space for the State
Attorney's offices; authorizing the budgeting and lump-sum
appropriation of funds supplemental to and notwithstanding
funds otherwise provided by the State of Florida for the
operation of the State Attorney's office; providing that the
State Attorney may set and modify the salaries and allo-
cation of manpower within the limits of said lump-sum
appropriation; authorizing the State Attorney to provide a
group insurance plan for himself and his personnel, and to
enter into agreements with insurance companies for same;
authorizing and directing the County Commission to appropri-
ate the costs of the premiums therefore within the total appro-
priations for said State Attorney's office; declaring all expen-
ditures heretofore and hereafter made for the operation of the
State Attorney's office to be for a valid County purpose;
providing that Investigators appointed by the State Attorney
shall have powers to arrest, to serve legal process, and to
carry weapons; vesting such Investigators with all the powers
and authority of the Deputy sheriffs of Broward County;
requiring the State Attorney to file his appointments of In-
vestigators, and any revocations or terminations thereof, with
the Clerks of the Circuit Court and Court of Record; requiring
the County solicitor to file a final report and pay over excess
fees pursuant to 145.12, Florida Statutes; repealing all laws
inconsistent herewith; providing a severability clause; provid-
ing an effective date.
Evidence of notice and publication was
established by the House as to HB 874.
-was read the first time by title and referred to the
Committee on Community Affairs.

By Representative Caldwell-
HB 875-A bill to be entitled An act relating to Broward
County Florida; creating and establishing the Broward County
Transportation Authority; defining terms, providing for
preparation and adoption of trafficways plan for all or part of
the area of jurisdiction; providing for the composition of the
governing body of the authority; providing for the employ-
ment of personnel and staff; stating cause for removal of
members; providing for the use of portions of the tax revenues
by the board of county commissioners of Broward County in
aiding the administrative and operational expenses of the au-
thority; providing for areas of cooperation between the au-
thority, the board of county commissioners of Broward County
and the area planning board; providing purposes and pow-
ers: providing for the Broward County transportation system
and public mass transit system; providing for certification,
adoption and approval of trafficways plan; providing for the
issuance of bonds and remedies of bondholders; providing for
effectuation of plans through regulatory measures applicable
to snMivisions and improvement of land; providing for re-
sponsibility for administration and enforcement; providing for
amendment of trafficways plan; providing for lease-purchase
agreements; providing that the department of transportation









JOURNAL OF THE HOUSE OF REPRESENTATIVES



bondholders; providing for complete and additional authority,
annual reports, audit and severability clause; providing for
conflict of jurisdiction; repealing Chapters 69-907 and 70-614,
Laws of Florida; and providing an effective date.
Evidence of notice and publication was
established by the House as to HB 875.
-was read the first time by title and referred to the
Committees on Community Affairs and Appropriations.

By Representative Caldwell-
HB 876-A bill to be entitled An act relating to the Central
Broward Drainage District. Broward County; amending section
12(a) of chapter 70-479, Laws of Florida, to provide for the
increased levy and assessment of an annual tax upon land only
and not upon any improvements thereon in said district based
upon millage rates; approving the manner of giving notice of
intention to apply for this legislation; providing an effective
date.
Evidence of notice and publication was
established by the House as to HB 876.
-was read the first time by title and referred to the
Committees on Community Affairs and Finance & Taxation.

By Representative Gustafson-
HB 877-A bill to be entitled An act relating to the Court of
Record of Broward County; amending chapter 70-461, Laws
of Florida, prescribing the compensation for judges of the
Court of Record of Broward County; providing an effective
date.
Evidence of notice and publication was
established by the House as to HB 877.
-was read the first time by title and referred to the
Committees on Community Affairs and Appropriations.

By Representative Walker-
HB 878-A bill to be entitled An act relating to motor
vehicles; providing for the inspection, in compliance with chan-
ter 325, Florida Statutes, of every out-of-state motor vehicle
entering the state; authorizing the construction and mainte-
nance of inspection stations at every ground level entrance to
the state by either the state or the county, at the county's
option; providing for an inspection fee; providing for adminis-
tration by the division of motor vehicles; providing an effective
date.
-was read the first time by title and referred to the
Committees on Transportation, Finance & Taxation and Appro-
priations.

By Representative Wilson-
HB 879-A bill to be entitled An act relating to the Florida
National Guard; repealing 250.15, Florida Statutes, relating
to the granting of an exemption from jury duty to honorary
contributing members of the guard; providing an effective
date.
-was read the first time by title and referred to the
Committee on Judiciary.

By Representative Walker-
HB 880-A bill to be entitled An act relating to pollution;
amending 403.161(2), Florida Statutes, as amended by chap-
ter 70-356, Laws of Florida, to provide an increase in the
penalty for pollution in violation of the Florida air and water
pollution control act; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Environmental Pollution Control.

By Representative Walker--



HB 881-A bill to be entitled An act relating to praver in
kindergarten through grade twelve; creating 230.223, Florida
Statutes, providing that grades K-12 may conduct prayer in
their classrooms; providing that those who do not wish to
participate may be excluded; providing an effective date.



-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Walker-
HB 882-A bill to be entitled An act relating to the Florida
board of regents; creating 240.080, Florida Statutes, to
provide that the board of regents limit the salaries of univer-
sity personnel who do not actually teach, or who have academic
degrees above the required qualifications; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Walker-
HB 883-A bill to be entitled An act relating to highways;
amending 861.10(2), Florida Statutes, to increase the max-
imum fine for littering on highways; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Environmental Pollution Control.

By Representative Crabtree-
HB 884-A bill to be entitled An act designating and defining
Grandmother's Day; creating 683.10, Florida Statutes;
providing that the second Sunday of October of each year shall
be designated as Grandmother's Day; permitting the governor
to issue annually a proclamation designating same; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on General Legislation.

By Representative Crabtree-
HB 885-A bill to be entitled An act relating to appellate
proceedings in civil actions; repealing obsolete sections of
Chapter 59, Florida Statutes, and those superseded by Florida
appellate rules; amending Section 59.04, 59.06 and 59.13(7), of
Florida Statutes, to conform the statutes to present appellate
practice and procedure; amending Section 59.14(3), Florida
Statutes, to remove unnecessary and obsolete language and
transferring the section to Section 45.051, Florida Statutes;
repealing Sections 59.01, 59.02, 59.03, 59.05, 59.07, 59.09, 59.10,
59.11, 59.12, 59.13, 59.14(1) and (2), 59.15(1), (2), (3) and (5),
59.16, 59.17, 59.18, 59.19, 59.20, 59.21, 59.22, 59.23, 59.26, 59.27,
59.28, 59.281, 59.30, 59.31, 59.32, 59.34, 59.36, 59.37, 59.38, 59.41,
59.42, 59.43 and 59.44, Florida Statutes; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Milburn-
HM 886-A memorial to the Congress of the United States
urging repeal of Section 302 of the Voting Rights Act Amend-
ments of 1970 (Public Law 91-285, 84 Stat. 314) which fixes
the voting age for national elections.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Reed-
HB 887-A bill to be entitled An act relating to depositories
of public funds; amending Section 18.10(1) and 136.01, Flor-
ida Statutes to permit savings and loan associations to qualify
as depositories for public funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Organization & Efficiency.

By Representatives Tucker, Miers, Kershaw, and Cherry-
HB 888-A bill to be entitled An act relating to the depart-
ment of business at Florida Agricultural and Mechanical Uni-
versity; providing an increased funding level for this depart-
ment; providing an appropriation; providing an effective date.



-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.



94



April 8, 1971









JOURNAL OF THE HOUSI



By Representatives Gallen and Harllee-
HB 889-A bill to be entitled An act relating to public
utilities; requiring the use of questionnaires by public utilities
regulated under chapters 364, 365 and 367, Florida Statutes, to
determine quality of service and customer satisfaction; provid-
ing for hearings and filing with department of state; requiring
the adoption of rules and regulations by the public service
commission; providing civil penalty; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Business Regulation.

By Representative Reed-
HB 890-SF-A proposal to be entitled An act relating to
cooperative apartment proprietary leases; providing a sug-
gested effective date.



April 8, 1971



-was read by title and referred to the Committee on Finance By Representative Tucker-
& Taxation.



By Representatives Shaw, Turlington, MacKay, Andrews,
Singleton, Lancaster, Glisson, and Brown-
HB 891-A bill to be entitled An act relating to electrical
cooperative corporations, amending 425.04, Florida Statutes,
expanding the powers given to electrical cooperative corpora-
tions to include the power to engage in the businesses of water
distribution and sanitary sewage service.
-was read the first time by title and referred to the Com-
mittee on Business Regulation.

By Representative Martinez-
HB 892-A bill to be entitled An act relating to elections;
amending 101.27(4), Florida Statutes; names of unopposed
candidates not to appear on the ballot unless write-in candidate
has qualified under 99.023, Florida Statutes; unopposed candi-
date shall be deemed to have voted for self; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Martinez-
HB 893-A bill to be entitled An act relating to elections;
amending 98.051(2), Florida Statutes, authorizing acceptance
of certain registrations when books are closed; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives Sessums and Conway-
HB 894-A bill to be entitled An act relating to functions of
state educational agencies; amending Chapter 229, Section
229.512 Florida Statutes, by adding subsection (14), to require
the commissioner of education to prepare and administer a
plan of educational accountability, report annually to the state
board of education, and establish accreditation standards;
providing definitions; setting a deadline for implementation;
with an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Sessums and Conway-
HB 895-A bill to be entitled An act relating to universities
and junior colleges; amending chapter 239, Florida Statutes,
by repealing sections 239.371, 239.38, 239.41, 239.42, 239.43,
239.44, 239.441, 239.47, 239.49, 239.50, 239.51, 239.52 and 239.66;
reallocating funds appropriated for their implementation;
amending sub-section (2) of section 239.451, Florida Statutes;
amending sub-sections (4) and (5) of section 239.67, Florida
Statutes; amending section 239.67, Florida Statutes, by adding
a new sub-section (8); creating a special assistance grant fund;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.



HB 898-A bill to be entitled An act relating to the office of
comptroller and department of banking and finance; amend-
ing chapter 17, Florida Statutes, by adding section 17.012, F. S.;
authorizing a legal division; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency and Appro-
priations.

By Representative Reed-
HB 899-A bill to be entitled An act relating to higher
education; amending 239.581(2), Florida Statutes, relating to
participation by students or employees in disruptive activi-
ties at junior colleges and universities, to provide that the
penalties described therein be mandatory; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Poole-
HB 900-A bill to be entitled An act amending Title I,
Chapter 4, Section 16 (1) of Chapter 30836, Laws of Florida,
Special Acts of 1955, as amended, same being the Charter of
the City of Hollywood, Florida, by adding thereto a new
section (h); providing for leasing or granting concession
rights on, in or to public property of the City of Hollywood,
Florida, owned or operated in a proprietary capacity for a
period in excess of four years, but not to exceed sixty (60)
years; providing for public hearings before making such lease
or concession; providing for referendum in the event of
protest by at least two percent (2%) of the qualified electors
of the City of Hollywood; and providing an effective date.
Evidence of notice and publication was
established by the House as to HB 900.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Smith--
HB 901-A bill to be entitled An act for the relief of Mrs.
Selma Hirshaut; making an appropriation to compensate her
for injuries sustained when a department of transportation
bridge that she was crossing was negligently opened, causing
her to fall; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Powell-
HB 902-A bill to be entitled An act relating to boiler and
pressure vessel safety; creating a board of boiler rules within
the division of general regulation of the department of business
regulation to serve without salary and to formulate and
promulgate rules and regulations for the safe construction,
installation, inspection, operation, maintenance and repair of
boilers and pressure vessels; providing for the enforcement of
the rules and regulations promulgated by the board; providing
for the examination and appointment of boiler and pressure



R OF REPRESENTATIVES 95

By Representatives Sessums and Conway-
HB 896-A bill to be entitled An act relating to state
universities; providing definitions, establishing standards for
allocation of faculty positions in the university system of the
State of Florida, and providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representatives Sessums and Conway-
HB 897-A bill to be entitled An act relating to the state
university system institution enrollment limitations; establish-
ing maximum sizes for each institution; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Education.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



vessel inspectors; providing for commissions and fees for spe-
cial inspectors; providing for the inspection of boilers and
pressure vessels; providing for inspection fees and reports;
providing for appeals; providing an appropriation; providing
for exclusive jurisdiction by the state; providing a penalty;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency, Finance &
Taxation and Appropriations.

By Representative Tyrrell-
HB 903-A bill to be entitled An act relating to hunting;
creating 372.577, Florida Statutes, to provide that hunters of
game animals wear a bright orange fluorescent color while
hunting; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Martinez-
HB 904-A bill to be entitled An act relating to the election
laws of Florida; creating the state elections violation commis-
sion within the division of elections of the department of state;
prescribing membership and method of appointment; pre-
scribing powers and duties of the commission; prescribing pro-
cedures for oath; investigations; subpoenas; prescribing penal-
ties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.


Reports of Standing Committees

The Committee on General Legislation recommends a com-
mittee substitute for the following:
HB's 177 & 248
HCR 712
HM 720
HCR 729
HCR 730
The bills with committee substitutes were placed on the
Calendar.

The Committee on Agriculture & Citrus recommends the fol-
lowing pass:
HB 355
The bill was placed on the Calendar.

The Committee on Agriculture & Citrus recommends the
following pass:
HB 158
The bill was referred to the Committee on Appropriations.

The Committee on General Legislation recommends the fol-
lowing pass:
HM 427
HM 472
HCR 510
The bills were placed on the Calendar.

The Committee on General Legislation recommends a com-
mittee substitute for the following:
HB's 212 & 247
The bills with committee substitute were referred to the
Committee on Appropriations.

The Committee on General Legislation recommends the fol-
lowing not pass:



HB 166
HB 208



HB 213
HM 215
HB 235
HB 271
The bills were laid on the table under the rule.

The Committee on General Legislation recommends the fol-
lowing pass:
HR 786
The resolution was placed on the Calendar.

The Committee on Judiciary recommends the following pass:
HB 175
The bill was placed on the Calendar.

The Committee on Judiciary recommends the following pass:
HB 179
The bill was placed on the Calendar.

The Committee on Judiciary recommends the following pass:
HB 120, with amendment
The bill was placed on the Calendar.

The Committee on Judiciary recommends a committee sub-
stitute for the following:
HB 126
The bill with committee substitute was placed on the Calen-
dar.

The Committee on Elections recommends a committee sub-
stitute for the following:
HB 287
The bill with committee substitute was placed on the Calen-
dar.

The Committee on Elections recommends the following not
pass:
HB 66
HB 67
HB 97
HB 124
HB 332
HJR 333
The bills were laid on the table under the rule.

The Committee on Elections recommends the following pass:
HB 285
HB 289, with amendment
The bills were placed on the Calendar.


The Committee on Insurance recommends the following pass:
HB 528, with amendment
HB 532, with amendments
The bills were placed on the Calendar.

The Committee on Criminal Justice recommends the follow-
ing pass:
HB 60
The bill was placed on the Calendar.



The Committee on Criminal Justice recommends a committee
substitute for the following:



96



April 8, 1971









April 8, 1971

HB 132
The bill with committee sub,
dar.



JOURNAL OF THE HOUSE OF REPRESENTATIVES 97

Your Engrossing Clerk reports amendments to-
stitute was placed on the Calen- HB 739
CS for HB's 191 and 449
-haivp hprn npr'nonratd and thc hills hprewith returned.



The Committee on Judiciary recommends a committee sub-
stitute for the following:
HB 80
The bill with committee substitute was placed on the Calen-
dar.

Engrossing Reports
April 8, 1971

Your Engrossing Clerk reports amendments to-
HB 738
HB 741
-have been incorporated and the bills herewith returned.

-and the bills were ordered certified to the Senate.



-and the bills were ordered immediately certified to the
Senate.


Enrolling Reports

HCR 1-Org.

-has been enrolled, signed by the required Constitutional
Officers and filed with the Secretary of State on April 8, 1971.
Allen Morris, Clerk


Adjournment
Pursuant to the motion previously adopted, the House ad-
journed at 1:34 P.M. to reconvene at 10:00 tomorrow.





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