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

Journa

I

of the

House of Representatives

SPECIAL

SESS

ION

of the

SECOND LEGISLATURE
[under the Constitution as Revised in 1968]
NOVEMBER 29, 1971 through DECEMBER 9, 1971

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

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Speci
[Democrats in roman

District

1
2
3
4

ESCAMBIA
Roy L. Hess, Pensacola (D)
Gordon W. Tyrrell, Pensacola (D)
Tom Tobiassen, Pensacola (R)
Jim Reeves, Pensacola (D)
SANTA ROSA-OKALOOSA-WALTON-
HOLMES-WASHINGTON
Edmond M. Fortune, Pace (D)
Henton D. Elmore, Crestview (D)
Jerry G. Melvin, Fort Walton Beach (D)
BAY-GULF-CALHOUN
William J. Rish, Port St. Joe (D)
Joe Chapman, Panama City (D)
LIBERTY-JACKSON-GADSDEN
R. D. Woodward, Jr., Quincy (D)
Wayne Mixson, Marianna (D)

ial Session 1971
(81); Republicans in italic (38)]
District
26 J. Wertz Nease, Jacksonville (R)
27 Don Nichols, Jacksonville (D)
(Resigned December 1, 1971)
27 Frank Carlucci, Jacksonville (D)
(Effective December 1, 1971)
28 Harry Westberry, Jacksonville (D)

29
30
31

32
33
34

35
36
37

38
39
40
41
42
43
44
45

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)

ALACHUA-MARION
Ralph D. Turlington, Gainesville (D)
Kenneth H. MacKay, Jr., Ocala (D)
Bill Andrews, Gainesville (D)
PUTNAM-FLAGLER-ST. JOHNS-LAKE
L. E. Brown, Tavares (D)
James A. Glisson, Eustis (R)
A. H. Craig, St. Augustine (D)
VOLUSIA
William R. Conway, Ormond Beach (D)
James H. Sweeny, Jr., DeLand (D)
William M. Gillespie, New Smyrna Beach (D)
ORANGE-SEMINOLE
Eugene C. Mooney, Orlando (R)
Harvey W. Matthews, Orlando (R)
Bill Fulford, Orlando (D)
Walter Sims, Orlando (R)
William D. Gorman, Winter Park (R)
Lewis S. Earle, Maitland (R)
Robert C. Milburn, Winter Park (D)
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)

District
56 Larry Libertore, Lakeland (D)
57 Ray Mattox, Winter Haven (D)
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

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)

District
88 Van B. Poole, Fort Lauderdale (R)
89 Edward J. Trombetta, Fort Lauderdale (D)
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)
DADE-MONROE
109 Jeff D. Gautier, Miami (D)
110 Carey Matthews, Miami Beach (D)
111 Louis Wolfson II, Miami Beach (D)
COLLIER-GLADES-HENDRY-LEE
112 Ted Randell, Fort Myers (D)
113 James Lorenzo Walker, Naples (D)
MONROE
114 Fred Tittle, Tavernier (D)
HARDEE-MANATEE
115 John Harllee, Bradenton (D)
116 Tom Gallen, Bradenton (D)
DESOTO-HIGHLANDS-CHARLOTTE-
SARASOTA
117 Jim K. Tillman, Sarasota (R)
118 Robert M. Johnson, Sarasota (R)
119 Granville H. Crabtree, Jr., Sarasota (R)

OFFICERS OF THE HOUSE OF REPRESENTATIVES
Special Session 1971

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

Clerk-Allen Morris
Sergeant at Arms-Philip W. LaBarge

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Monday, November 29, 1971

Beginning of a Special Session of the Second Legislature under the Constitution as Revised in 1968, convened
by Proclamation of the Governor and held at the Capitol in Tallahassee, Florida, on Monday, November 29, 1971.

The House of Representatives was called to order at 11:00
a.m. by the Honorable Richard A. Pettigrew, Speaker, pur-
suant to the following Proclamation of the Governor, which
was read by the Clerk:
PROCLAMATION
State of Florida
Office of the Governor
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND HOUSE OF REPRESENTATIVES:
WHEREAS, on November 2, 1971, the electors of Florida
approved an amendment to the Florida Constitution which au-
thorized the State to impose a tax on the net income of
corporations and other artificial entities, but continuing the
constitutional prohibition against a tax on the income of natural
persons, and
WHEREAS, it is necessary that the Legislature of the State
of Florida be convened in special session to consider, among
other things, legislation to implement said constitutional
amendment;
NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor
of the State of Florida, in obedience to my constitutional duty
and by virtue of the power and authority vested in me by
Section 3, Article III, Florida Constitution (1968), do hereby
proclaim as follows:
1. That the Legislature of the State of Florida be and it is
hereby convened in special session at the Capitol, Tallahassee,
Florida, commencing at approximately 10 o'clock a.m. on
Monday, the 29th day of November, 1971, and ending on the
8th day of December, 1971.
2. That the Legislature is convened for the purpose of con-
sidering the enactment of legislation implementing a tax on
the net income of corporations and other artificial entities,
and other legislative business to be set forth in an amendment
to this Proclamation, or other written communication from the
Governor.
IN TESTIMONY WHEREOF, I
Shave hereunto set my hand and
caused the Great Seal of the State
of Florida to be affixed to this Proc-
lamation convening the Legislature
in special session, at the Capitol, this
24th day of November, 1971.
REUBIN O'D. ASKEW
Governor
ATTEST:
RICHARD (DICK) STONE
Secretary of State
The following Amendment to the Proclamation was read:
PROCLAMATION
State of Florida
Office of the Governor
Tallahassee
(Amendment to Proclamation dated November 24, 1971)

WHEREAS, on the 24th day of November, 1971, a Procla-
mation was issued convening a special session of the Florida
Legislature commencing on the 29th day of November, 1971, and
WHEREAS, it is necessary and in the best interest of the
State to amend the Proclamation dated November 24, 1971, in
order to permit the Legislature to take up, consider, and enact
other legislative business.
NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor
of the State of Florida, in obedience to my constitutional duty
and by virtue of the power and authority vested in me by Sec-
tion 3, Article III, Constitution of Florida (1968), do hereby
proclaim as follows:
1. That Paragraph 2 of the Proclamation of the Governor
dated the 24th day of November, 1971, is amended to read as
follows:
"2. That the Legislature is convened for the sole purpose of
considering legislation relating to:
(a) Implementation, including necessary appropriations, of
a tax on the net income of corporations and other artificial
entities;
(b) Elimination of the allowance for compensation of agents
affixing cigarette stamps and collecting state tax;
(c) Elimination of the discounts and credits on beverage taxes
to wine manufacturers and distributors of malt beverages and
beer, and elimination of the allowance to distributors of spirit-
ous beverages;
(d) Repeal of the dealer's credit for collecting sales tax;
(e) Extension of existing municipal operating millages in
excess of the constitutional and statutory 10 mill ad valorem
tax limit;
(f) Providing an exemption from state sales and use taxes
for sales of utilities to residential households;
(g) Providing an exemption from the state transient rentals
tax for rentals of buildings intended primarily for lease or rent
to persons as their principal or permanent place of residence;
(h) Repeal of the motor vehicle fuels dealer discounts, re-
duction of the shrinkage allowance, and elimination of certain
special fuels dealer discounts;
(i) Reduction of the occupational license tax imposed pur-
suant to Chapter 205, F.S., to one-third of the amount presently
provided for therein, and imposition of a limit on municipal
occupational licenses;
(j) Joint resolution relating to the revision of Article V of
the Florida Constitution;
(k) Implementation and funding of a minimum foundation
program for local law enforcement;
(1) Regulation of certain outdoor advertising and junkyards
and such other matters as may be required to comply with the
Highway Beautification Act of 1965 and Title 23, United States
Code;

1

JOURNAL OF THE HOUSE

(m) Repeal of ad valorem tax exemption of property leased
from governmental units by non-governmental lessees;
(n) An appropriation to the Board of Trustees of the Internal
Improvement Fund for a period from January 1, 1972, to June
30, 1972, to pay salaries or other operating expenses and to re-
pay a loan for repairs to the Capitol;
(o) Repeal of Section 372.57(4) (a), Florida Statutes, re-
lating to the cane pole fishing license and exempting, under
prescribed conditions, state residents from obtaining fishing
licenses;
(p) Correction of alleged constitutional defects of Chapter 70-
20, Florida Statutes (Florida Insurance Guaranty Association
Act.)"
2. Except as amended by this Proclamation, the Proclamation
of the Governor dated the 24th day of November, A. D., 1971, is
ratified and confirmed.
IN TESTIMONY WHEREOF, I
have hereunto set my hand and caused
the Great Seal of the State of Florida
to be affixed to this Proclamation
convening the Legislature in special
session, at the Capitol, this 29th day
of November, 1971.
REUBIN O'D. ASKEW
Governor
ATTEST:
RICHARD (DICK) STONE
Secretary of State

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
D'Alemberte
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece

Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez

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

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

Excused: Representatives Culbreath, Danahy, Gustafson,
Hodes, Holloway, C. Matthews, Moudry, Reeves, Sackett,
Tiliman, and Walker.
A quorum was present.

Prayer

Prayer by Representative James L. Redman:
Our dear Heavenly Father we pray for Thy guidance.
Let us never fail to do right. Amen.

Pledge

The Members pledged allegiance to the Flag.

OF REPRESENTATIVES November 29, 1971

The Journal

The Journal of June 24 was approved.

Standing Committee Assignments

The Speaker announced the following interim changes in
committee assignments:

Representative Cherry, from the Committee on Insurance
to the Committee on Judiciary;

Representative Harllee, from the Committee on Agriculture
& Citrus to the Committee on Manpower & Development;

Representative Hartnett, from the Committee on Elections
to the Committee on Community Affairs;

Representative MacKay, from the Committee on Finance
& Taxation to the Committee on Business Regulation;

Representative Randell, from the Committee on Health &
Rehabilitative Services to the Committee on Natural Resources;

Representative Trombetta, from the Committee on Environ-
mental Pollution Control to the Committee on Business Regu-
lation;

Representative Tucker, from the Committee on Elections to
the Committee on Health & Rehabilitative Services;

Representative Whitson, from the Committee on Environ-
mental Pollution Control to the Committee on Education.

Announcement
The Speaker announced the appointment of Representative
Carl Ogden as House Majority Leader, succeeding Representa-
tive Donald G. Nichols whose resignation is effective December
1, 1971.
The Speaker also announced the appointment of Representa-
tive George Firestone as Chairman of the House Select Com-
mittee on Legislative Apportionment, and Representative James
Lorenzo WalKer as Chairman of the House Select Committee
on Congressional Apportionment.

Communication from the Governor

Governor Reubin O'D. Askew advised that he desired to ad-
dress the Legislature in Joint Session at 11:15 a.m. today.

Introduction of House Concurrent Resolution

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

By Representative Dubbin-
HCR 1-D 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 11:15 a.m. this day, Monday, November 29, 1971, for the
purpose of receiving the message from the Governor.

JOURNAL OF THE HOUSE

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

Messages from the Senate

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

November 29, 1971

I am directed to inform the House of Representatives that the
Senate has adopted-
HCR 1-D Org.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

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

Recess

At 11:10 a.m. the House stood in informal recess awaiting
the Joint Session.

JOINT SESSION

Arrival of Supreme Court and Cabinet

Mr. Chief Justice B. K. Roberts, Mr. Justice Richard W.
Ervin, Mr. Justice Vassar B. Carlton, Mr. Justice James C.
Adkins, Jr., Mr. Justice David L. McCain, and Mr. Justice Hal
P. Dekle, members of the Supreme Court; The Honorable
Richard Stone, Secretary of State, and The Honorable Robert
L. Shevin, Attorney General, members of the Cabinet, were
escorted into the Chamber by the Sergeant at Arms and seated.

Arrival of the Senate

Pursuant to the provisions of HCR 1-D Org., the Members of
the Senate, escorted by the Secretary and Sergeant at Arms
of the Senate were seated in the Chamber.

The Joint Session was called to order by the Speaker at
11:15 a.m.

The Speaker asked the President of the Senate to preside
over the Joint Session.

THE PRESIDENT OF THE SENATE IN THE CHAIR

A quorum of the Joint Session was declared present.

Prayer

Prayer by Senator John R. Broxson:
Almighty God, our Heavenly Father-There can be no
greater privilege than to be granted the opportunity to
commune with You. This morning, we want to approach
your throne of grace and mercy with proper humility.
As all of us join our voices together, teach us to pray:
Our Father, which art in heaven,
Hallowed be thy Name.
Thy kingdom come.
Thy will be done in earth,
As it is in heaven.
Give us this day our daily bread.
And forgive us our debts,
As we forgive our debtors.
And lead us not into temptation,
But deliver us from evil: For thine is the
kingdom, and the power, and the glory, for
ever. Amen

November 29, 1971

The President presented Governor Askew, who addressed the
Joint Session as follows:

I want to welcome you back to Tallahassee for 10 days
and I hope your visit here will be pleasant and productive
for all of us.
Before we get into tax reform, I'd like to discuss briefly
several other matters which merit your attention during
the days ahead.

Judicial Reform

For many long and often frustrating years, we've tried
to bring our judicial system into the twentieth century.

Many of our predecessors have tried too.
We've all failed, so far.
As governor, I now have no direct responsibility or au-
thority in the process of amending the Constitution.
But, as you know, I tend to show an interest at times ..
It is time, ladies and gentlemen, to have another try at
amending Article V of our Constitution the judicial
article.
It is time for us to work together to streamline our
judicial system, to fairly and fully finance our courts,
and to establish a system of justice which is swift ..
and fair. so that every man will truly feel it is his own.
I am therefore recommending that this Special Session
of the Legislature approve a revision of Article V .
to be submitted to the people for a vote during the March
14 presidential preference primary.
I'm both pleased and encouraged by the progress which
the joint select committee of your two houses is making
on an Article V revision which not only is sound and
reasonable but a flexible document as well one which
can meet the demands placed on our court structure in
the years to come.
I hope the joint committee will complete its work and
that you will all address yourselves to this proposal. A
lot of hard work, a lot of time and a lot of heart have
gone into it.
It is time, ladies and gentlemen, to put aside political
considerations .and offer the people a judicial reform
which is meaningful, sensible, and progressive.

OF REPRESENTATIVES 3

Pledge

The Joint Session pledged allegiance to the Flag, led by
Representative Reed.

Committee to the Governor

On motion by Mr. Dubbin, the President appointed Senators
Barron, Boyd, and Henderson, and the Speaker appointed Rep-
resentatives Nichols, Grizzle, and WVinn as a joint committee
to notify Governor Askew that the Legislature had assembled
to receive his message.

The Committee retired and presently returned escorting the
Governor.

Governor's Address

Billboards
The next matter is an urgent one. This probably is the
last opportunity you'll have to comply with the 1965 fed-
eral highway beautification act regulating billboards.
Failure to do so, as you know, will mean the loss of
$13 million to $15 million in federal highway funds next
year. Over the next ten years, it would result in a loss
of more than $150 million to our transportation program.
Failure to do so may also doom tourists and residents
alike to a continuing visual pollution along our Florida
roadsides.
This is one case in which aesthetics and economics are
in accord.
And I find it inconceivable that we would ignore both.
I strongly recommend that you vote us into compliance
with the federal law regarding billboards.

Trustees
It's also my hope that you will end the incentive we give
ourselves to sell the people's land. You can do this by vot-
ing to support the internal improvement fund from general
revenue.
And I recommend that you do so.

Minimum Foundation Program
And as we move to upgrade our criminal justice system
in one area-the courts-we can do no less in an equally
sensitive area-law enforcement.
I recommend funding of a minimum foundation program
for our law enforcement officers.
It's time we moved toward decent pay for those who
are responsible for our very lives.

It's time we gave the police officer something more than
bumper strip support.

It's time we fulfilled our commitment in this area.

And it's time we moved toward professional pay and
professional manpower as well in the law enforcement
agencies in this state and its cities and counties.

Insurance Guaranty Fund
I'm also asking you, in this Special Session, to consider
readoption of the insurance guaranty fund. Voided by a
technicality in its original adoption, the guaranty fund
is necessary to protect innocent policyholders from pos-
sible insolvency of insurance companies doing business in
Florida.

Ad Valorem

Although in my opinion the ad valorem tax reform law
already covers the profit-making enterprise which leases
government-owned property, some technical questions have
been raised. So that there can be no doubt, I am asking the

legislature to review carefully the adequacy of the present
law and amend it if necessary.

November 29, 1971

Tax Reform
Corporate Profits Tax
The Utilities Tax Credit:
This brings us to my principal reason for calling you
here today-to implement the corporate profits tax and
other tax reform measures which the voters have endorsed
in two primaries, a general election, and a referendum.
The people understand the cornerstone of this program
to be a corporate profits tax of five per cent, with exemp-
tions limited to $5,000 and without a host of credits
and loopholes which eat away at the potential revenue.
I recommend that you adopt precisely that kind of an
implementing bill.
I am pleased with most of the work your committees
have done in this regard, but there were, some decisions
that should be reconsidered.
Both of your committees have voted substantial credits
for the gross receipts tax paid by utility companies .
credits amounting to about $10 million.

I think this is unfair not only to the people but to
other taxpaying corporations as well.
Utility companies presently deduct their gross receipts
tax in computing their federal income taxes. One of your
committee drafts allows this same deduction for the cor-
porate profits tax.
The effect of this action is to add a credit for the gross
receipts tax on top of the deduction.
I don't think there are many in this legislature who
actually want to do that.
Nor do I believe that there are many in this Legislature
who think that utility companies should get a net tax
reduction next year while other corporations are paying
more.
Yet this, my friends, is what will happen if you grant
them even a 50 per cent gross receipts tax credit on top
of repeal of the corporate net worth tax.
One reason given for allowing these credits is that the
utility companies would otherwise pass on to the consumer
that portion of their state corporate profits tax which is
not deducted from their federal corporate profits tax.
We've taken a look at the substantial profits now en-
joyed by selected utilities, as well as those tax advantages
presently in effect and now before congress.
We've concluded, and I think you would conclude, and
I think other businesses would conclude, that there's little
or no justification for rate increases as a result of present
or proposed tax policies.
I would also point out to you that this Legislature
created the Public Service Commission, that a utility rate
increase would have to be approved by that commission, and
that this Legislature could, if necessary, prohibit a con-
sumer pass-on by statute.
I don't recommend this because I don't think it's neces-
sary.

For even if we assumed the entire tax would be passed
on to the consumer, the sum would be infinitesimal. In the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

case of one major electric company, it would amount to
about nine cents on a typical monthly bill. By comparison,
our proposed repeal of the sales tax on household utilities
is going to reduce that same bill by $1.60.

However good your intentions, to grant special credits
to utility companies on the assumption that you're pro-
tecting their consumers would be a mistake.
It should be remembered, ladies and gentlemen, that
the more you give to big corporations-any big corpora-
tions-in the way of credits, exemptions and other breaks,
the less relief you'll be able to give to the people.
And whether a citizen is served by a privately-owned or
a publicly-owned utility, the only way you're going to help
him is by providing enough revenue from the corporate
tax and other measures to make real consumer and prop-
erty tax relief possible.

Again let me urge you to take a critical look at any
attempt to write special privileges into this implementing
bill.

Ask yourself if it's fair to those thousands of corpora-
tions which will pay their full share of the corporate
profits tax regardless of how the bill is written.

Installment Exemptions
I'm also hopeful that your committees will reconsider
their decisions regarding installment sales income.
The committees, as you know, voted to exempt such in-
come from the corporate profits tax if it derives from a
sale made prior to January 1 when we hope the tax
will go into effect.
Such an exemption could have a staggering effect on
initial revenue-for example, a loss of 54 per cent from
one large retail chain alone.
To exempt from taxation the major portion of the in-
come of our largest and wealthiest retailers for up to
two years is not, in my opinion, reasonable.
Nor is it fair. The companies, for example, which make
their profits by leasing rather than selling enjoy no such
exemption.
Nor is it administratively sound for us to allow these
corporations to report their income on a deferred basis .
and not pay their state tax on the same basis.
Corporate net income should be taxed as it is reported.
That is the fairest and most sensible way. I urge you
then, to take another look at this exemption.

Carry-Back
And as a final word on the corporate profits tax im-
plementing bill, I strongly urge reconsideration of the so-
called "carry-back" provision approved by both of your
committees.
This is, as someone described it last week, a "time
bomb."
In a bad year, I'm afraid it could seriously impair the
state's fiscal system.

I believe we should allow corporations to carry forward
their losses perhaps for as much as five years.

But to allow them to recall their tax money several
years after it has been collected and spent by the state
is just asking for trouble.

Repealers, Rebates, Local Government

Repealers
The ultimate implementation of the corporate profits
tax will enable you to actually repeal certain taxes .
something which, for all of our rhetoric, we've very seldom
been able to do in Florida.
We have no justification at this time, however, for re-
pealing any taxes except those which are unfairly burden-
some to lower-and-middle-income families.
And in the enthusiasm of repealing taxes, we must not
lose sight of each dollar lost to the state treasury, and
what that loss means to the ability of state government
to effectively serve the people of Florida.
I am recommending to you the repeal of four state
taxes which together amount to a loss to the state
treasury of $48 million.
Each of them is a regressive tax-a glaring example
of an unfair system.
They include the sales taxes on household utilities and
apartment rent, the "cane pole" fishing tax and the state
share of the occupational license tax.
I said during the recent campaign that the corporate
profits tax will help us to keep our commitment to increase
homestead exemption for senior citizens, as well as stabilize
property taxes generally. And it will.
But we need to do more than that.
We need to start reducing property taxes.
But to do all these things and still keep up with our
growing needs will require revenue sources free of exemp-
tions, credits, caps and all the other devices with which we
so often dilute our efforts.
As I said so often during the campaign, the corporate
profits tax is no panacea.
It is a beginning in our effort to shift some of the tax
burden from those who can least afford it to those who've
been best at avoiding it.

It's a good beginning, but it shouldn't be expected to do
the job alone.

It can't as a matter of fact.

And this brings us to the subject of collection rebates.

Rebates

During the corporate tax campaign I pointed out, as
did many of you, that while Forida ranked near the bottom
in corporate taxes, we ranked first among all state gov-
ernments when it came to giving away sales tax collection
rebates.

I also proposed, in gatherings around this state during

the campaign, that the rebates be repealed in their en-
tirety as applied to the sales tax.

November 29, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

5

I now strongly recommend that:
The 3 per cent sales tax rebate be eliminated beginning
January 1.
That rebates for the collection of excise taxes on liquor,
beer, wine and cigarettes be eliminated.
And that the gasoline rebate be eliminated.
It should be remembered that if we don't repeal these
rebates, we will not be able to move up the repeal date
for the sales tax on household utilities and apartment
rentals from July 1 to January 1, 1972.
I'm sure we all want to do that.
And I'm sure the people want us to do it.
Furthermore, without repeal of the rebates, we could
not afford to repeal the state portion of the occupational
license tax, and, even more important, rebate repeal is
the surest way we can deliver on property tax relief for
local governments next year.
I can't overemphasize the importance of these measures
to the overall program.
They're necessary.
They're fair.
Let's consider the sales tax rebate given to dealers.

As you know, this amounts to 3 per cent of the amount
of taxes collected or about $25 million this fiscal year.

Florida, as I've indicated, has the highest effective re-
bate rate in the country. In fact, 23 states give no rebates
or credits for the collection of their sales taxes.

Many national studies have been done on the cost of
compliance with the sales tax law, and most of their
conclusions are summed up by a report to my office on
January 19, 1971, from the Department of Revenue.

The report concluded that (and I quote): "Collection
costs defy accurate identification and measurement."

The principle we need to establish on the state level
is that a business' cost of collecting taxes for the state
should be a cost of doing business.

And this is by no means a radical idea. Most business-
men, in fact, agree with it. That's why they already deduct
these collection costs from their federal income tax, as a
(quote) "cost of doing business."

It also should be remembered that a business has in-
terest-free use of all sales tax money it collects until that
money finally is remitted to the state. We estimate this
factor alone could account for as much as a $4 million
profit now being made on tax collection a profit which
will continue, of course.

I recognize it has been claimed that ending the rebate
would hurt the small businessman.

Let's look at that contention.

We find that 183,000 of the 226,000 dealers in this
state or over 81 per cent of the dealers, the really

small businessmen get an average of only 86 cents a
month in rebates,

November 29, 1971

On the other hand, ten of the dealers, the big ones,
get more than $2.2 million a year ... an average of $226,000
for each of them.
When the sales tax went up a penny in 1968, these
same interests received an effective 33 per cent increase
in their rebates.
I say consumer taxes are already too high.
I say we must stop this economic incentive for big-volume
special interests to push for more and more consumer taxes
year after year.
The question now is whether we are going to continue
to let a few big dealers in this state benefit dispropor-
tionately at the expense of nearly seven million people,
including small businessmen.
Let me give you an example of the incredible position
we're in now:
We estimate that Florida, in effect, is paying more than
$10 million in federal corporate income taxes for dealers
in this state because of the rebates.
This is because whatever it costs the dealer to collect the
sales tax is a fixed cost, whether we give him a rebate or
not.
Therefore, any rebate we give him can be considered
additional income on which he would pay 48 per cent to
the federal government.
So, in effect, we have revenue sharing in reverse in this
state. The state is sharing its revenues with the federal
government through the dealer rebate.
I submit that this must change.
The discounts for alcoholic beverages, cigarettes, and
gasoline are in the same category as the sales tax rebate.
They should be repealed.

Local Government
Another problem which must be met in this Special
Session is that of local government finance.
The decisions which were made in the late sixties to
limit property taxes are very much in keeping with the
thrust of this tax reform movement.
Property taxes are regressive and they have many bad
economic side effects.
But if we're not willing to replace the money they raise
for local government, we have no right to cut off existing
revenue.
I am therefore recommending that you create at this
Special Session a local government trust fund of 3 per
cent of the revenues raised by the sales tax; it would
be financed by the repeal of the 3 per cent dealer's rebate.
Local governments receiving assistance from this trust
fund would be required to roll back property taxes for
at least 80 per cent of the new money received. The mill-
age grandfather would be partially extended, with a roll-
back mandatory as new money is provided.
It is essential that we create the trust fund and, accord-
ingly, partially continue the grandfather at this Special

Session. I emphasize the word "partially," because the
object of this proposal is not to extend the 10-mill cap

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

but to provide the replacement revenue with which we can
safely and progressively allow it to expire .beginning
next year.
I do not, however, recommend that you establish the
distribution formula for the trust fund at this Special
Session.
That should be a major item for consideration in Feb-
ruary.
As you can see, repeal of the collection rebates is
essential not only for immediate consumer tax relief, but
for our program of local government aid and property
tax relief as well.
We should not consider settling for a hollow kind of
millage rollback which merely invites the cities to raise
service fees and bus fares which hit again at the con-
sumer.
We all know that this is exactly what they'll have to
do if we don't provide other revenue for them.

Conclusion
Now please let me share something with you.
The lesson of the tax reform battle so far is clear: in
order for some people to pay less, others have to pay
more.
Our object here today must be to shift the burden .
not try to make it go away, because it just won't do that.
The tax program I have presented to you is very deli-
cately balanced. It tries to equalize our tax burden and
meet our growing needs at the same time and that's
not an easy thing to do.
This is why I urge you to handle the package with
care. For if you kill any one part of it, you will almost
surely disable the others.
Twelve days ago, I pointed out to your committees that
virtually every tax proposal now before you was either
spelled out or clearly implied in the recent referendum
campaign.
That campaign was endorsed by more than 70 per cent
of the voters in possibly the biggest referendum turnout
in Florida history.
We cannot ignore such a mandate.

We cannot subvert it.

We cannot and we should not attempt to
diminish it in the eyes of the people who delivered it to
us.

When I ran for governor last year, my program was
tax reform not just a corporate profits tax, but total
tax reform. From the very beginning, I proposed adjust-
ment of the collection rebates, imposition of a severance
tax on phosphates and elimination of unwarranted loop-
holes and exemptions in existing state taxes and local
ad valorem taxes.

After the gubernatorial election last year, I was dismayed
at those who were saying the result wasn't a vote for the

corporate profits tax; it was a vote against the incumbent
governor.

And so, with your help, we took the program to the people.
And it was, indeed, a total program that we talked
about day-in and day-out from January until November.
Although the corporate profits tax was all that ap-
peared on the ballot, the people were aware that this was
a campagin for total reform.
But now I'm again dismayed at those who are saying
that November 2 wasn't a vote for repeal of the rebates;
or for aid to the cities; or for property and consumer tax
relief; or for a healthier revenue picture to enable us to
meet ever-growing demands.
No, the line now seems to be that this was just a vote
for the corporate profits tax and if we throw in a
few loopholes, well that's all right too.
Ladies and gentlemen, I doubt very much that this is
what the people are trying to tell us.
It's awfully easy for us to deceive ourselves in this
business.
Right now I'm sure that your (quote) "constituents"
(unquote) are telling you they don't want the rebates
repealed; or that credits are all right for some busi-
nesses; or that we don't need the money; or that every-
thing's going to be passed on to the consumer.
These are the same constituents, no doubt, who told
you that the corporate profits tax would fail for the
same reasons.
I suggest that while these are the constituents you and
I see most often, they're not the ones who voted with 70
per cent of the people on November 2.
As you consider each of the proposals now before you;
and as you consider each of the arguments thrust upon
you by spokesmen for the other side familiar argu-
ments delivered by familiar spokesmen as you consider
these things, I hope you also will do this:
Imagine, if you will, how each of these many questions
would be settled if they appeared on the ballot.
Imagine what the vote totals might be in each of your
districts.
And imagine what will happen to that wonderful faith
the people expressed in their system November 2, if we
fail them now when the mandate is so clear so
exceptionally clear.
It isn't idle rhetoric to say that there's a new day in
Florida it's a fact.

It's a day in which no state official needs to fear or
depend upon the special interests for his political survival.

But it is a day in which all public officials have reason
to respect, as never before, the will and the perception
of the Florida voter.

It's a day of opportunity for those who regard politics
not as a game but as a commitment.

And it's a day which mustn't be allowed to slip by us
unfulfilled.

Many of you made it possible when you voted to let the
people express themselves on this issue of tax reform.

November 29, 1971

7

JOURNAL OF THE HOUSE OF REPRESENTATIVES

I want to thank you for that.
Some of you made it possible by actively working on
behalf of tax reform.
I can't thank you enough for that.
And others among you have opposed this effort vigor-
ously and steadfastly.
Again I say come join us.
When I spoke to you in this chamber last June, I said
it was time to forget our dreams of what might have been,
and to work instead on what must be done.
Now, however, the people have made our dreams and
their mandate one and the same.
And it's time we pursued both until the job is
done.
Thank you.

Following the address, Governor Askew, members of the
Cabinet, and 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 12:05 p.m.

A quorum was present.

Confirmation of Sergeant at Arms

The Speaker advised the House that he had designated
Philip W. LaBarge as Sergeant at Arms and requested the
concurrence of the House. On motion by Mr. Sessums, joined
in by Mr. Reed, the House agreed to the designation of Mr.
LaBarge.

Subsequently, the Clerk administered the Oath of Office to
Mr. LaBarge.

Remarks by Speaker Pettigrew
The Speaker addressed the House extemporaneously as
follows:
Ladies and gentlemen of the House, we have come a long
way since last November, 1970, in the battle for tax re-
form. As we begin our work today it is necessary for us to
put this session in the perspective of our work over these
past years.
We have already enacted a dramatic ad valorem tax
reform program. After many unsuccessful years of trying,
the severance tax on phosphates and minerals has been
passed. We have significantly altered and improved the
intangibles tax system and the documentary stamp tax.
We have already made a good start at closing unjustified
exemptions in the sales tax.
So there is nothing new to this House of Representatives
about tax reform. Rather, it is the culmination of a pro-
gram which many of you, and many of us, both in the
Legislature and in the Executive Branches, have been

pursuing for several years. We complete this particular
push for statewide tax reform with the enactment of these
programs outlined by the Governor today. This does not

mean of course the end of tax reform, because if we can
leave this session with clean hands we can turn our sights
toward an even bigger challenge in tax reform-Washington.

If we can define tax reform as the ending of inequitable
taxes so that lower and middle income taxpayers do not
pay more than their fair share, and the redressing of the
present fiscal imbalance through meaningful revenue shar-
ing between state and federal government, then it is clear
that the federal tax structure in this country is outrageous-
ly in need of reform. Perhaps next spring during our Presi-
dential Preference Primary, the various candidates can be
put on the spot on matters of tax reform, and the need for
federal relief and federal reforms will become more clear
to both our voters and to the people of this country.

But that is the view from the top of the hill. First we
must attend to our own situation. There is no reason why
this Legislature cannot fully and intelligently consider and
"dispose of the entire agenda presented to us by the Gover-
nor. What is there that is new to us ? The Cane Pole Fish-
ing Tax repeal ? Ask Representative Kershaw. Repeal of the
Rental Sales Tax? The Minority Leader and I introduced
the repeal of that tax last session and this House passed
it twice. Repeal of collection allowances under the Sales
Tax was completely studied in the House over a year ago
by a Special Revenue Study Commission appointed by
Speaker Schultz and Chaired by Representative Reeves.
That committee recommended complete repeal of collection
allowances. The question of the Minimum Foundation Pro-
gram for Law Enforcement ? Ask Representative Chapman
and Representative Blackburn, both of whom have led that
fight.

The same is true of Article V. We have revisited that
subject; we know what the issues are. Committee work on
the ratio study bills and other ad valorem tax bills has al-
ready been done. Billboard and junkyard legislation was
adopted by the House last spring. And so it is with each
issue before this Special Session. This is not to imply in
any way that this session is called merely to enact the pro-
gram of the House. Some of this legislation, in truth, had
its origin in the Senate, or it came to us from staff or
from the public, or even from a concerned lobbyist. In the
end, the important thing is not who originated the legisla-
tion but who has the ability to mold it into a wise bill and
to pass it into law.

We are well prepared to move promptly on the issues
before us. For example, we have had the drafts of the Cor-
porate Profits Tax bill since November third, and anyone
who wanted to, of course, reviewed the legislation well be-
fore then in its draft form. There is almost universal agree-
ment that the basic Corporate Profits Tax bill drafted by
Special Tax Counsel, Mr. Arthur England, is an excellent
piece of legislation. And may I say personally, it is accom-
panied by one of the most exceptional staff reports that I
have ever seen. Thanks to President Thomas, Senator de la
Parte, and Representative Turlington, the House and the
Senate have been working very closely in the development
of this legislation. The Senate and the House fiscal com-
mittees have held joint meetings to examine the Corporate
Tax bill and to take testimony. There have also been joint
committee meetings in the development of a new Article V.
In short, we have had the opportunity to become familiar

with the issues before us and to study much of the legisla-
tion that has already been prepared for this session. And

November 29, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

to move the business of the House at a reasonable pace.
The agenda is a heavy one, but there is no good reason to
postpone action. The agenda for the Regular Session, begin-
ning in February, is also very heavy, and any problems we
fail to deal with now will be back to haunt us during the
Regular Session. The more we can get done now, the
better off we will be in February.
We have a great deal to do in the next hours and the
next days if we are to finish within the ten day period pre-
scribed by the Governor's call. I don't want to see us go
into overtime any more than any of you do, and I do not
anticipate that we will do so. For that reason, I ask your
cooperation in keeping order and in listening to debate, as
we move through these very complex matters of tax re-
form, judicial reform, and other legislation. Let me outline
what we have in mind for the rest of today and tomorrow
at least. After we adjourn for lunch, the Finance & Taxa-
tion Committee will meet for final consideration and voting
on the Corporate Income Tax implementing bills and the tax
repeal bills. I hope we will be able to take up all or some
of them tomorrow morning when we convene at 10:00 a.m.
The Education Committee will also meet today, as will
the Judiciary Committee and the Appropriations Commit-
tee, each to consider matters pending before them. I hope
each of you will attend those meetings, if you are not com-
mittee members, so that you will be fully familiar with the
legislation when it comes to the Calendar.
In closing let me say that I hope the House will heed
the voice of the voters and will retain the integrity of the
Corporate Profits Tax bill. The press has paid particular
attention to the actions of lobbyists here in the last week,
and I think all of us will have sufficient opportunity to get
on the record about how we stand on the issues of tax
reform. It is only fair to note that those who will be paying
the Corporate Profits Tax have been well represented before
our committees. We should be especially certain that the
great majority of voters who are not so organized are well
represented by us. As I see it, we are like the long distance
runner in the final stretch of his race. This ten day session
is where quality counts. We can finish this long run for
tax reform with a final burst of stamina and win it, or we
can slow down in this final lap and fail to finish. I have
"been extremely proud of this House of Representatives. I
know nothing will occur in this session to dim that image.
Thank you very much.

Mr. Dubbin moved that the House adjourn upon completion of
Introduction and Reference to reconvene at 10:00 a.m. tomorrow,
which was agreed to.

Introduction and Reference

By Representative Ogden-
HB 1-D-A bill to be entitled An act relating to state and
local taxation; amending subsection 200.131(1), Florida Stat-
utes, to extend municipal operating millages over 10 mills until
reduced under the provisions of sections 200.031 and 212.30,
Florida Statutes; creating section 200.031, to provide for ad
valorem millage rollback in proportion to the increase in the
assessed value of nonexempt property; providing for maximum
millage increases and administrative procedures; repealing sub-
section 212.12(1), Florida Statutes, which allow dealer's credit
for collecting sales tax; creating section 212.30, Florida Stat-
utes, to provide for municipal ad valorem tax relief fund; pro-

viding 3% of state sales tax to be paid into such fund; provid-
ing for distribution to qualified municipalities; providing qual-
ifications, restrictions and procedures for administration and
use of such fund; providing an effective date.

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

By Representative Ogden-
HB 2-D-A bill to be entitled An act relating to tax ex-
emptions; amending subsections 196.012(5), 196.192(2) and
196.199(2) and (3), Florida Statutes, as created or amended by
chapter 71-133, Laws of Florida; limiting the exemption for
certain governmental leasehold interests; providing that prop-
erty used for predominantly exempt purposes be exempt to the
extent that such use bears to the total use; providing exemption
for governmental leasehold interests only when lessee thereof
uses the property exclusively for governmental purposes or
functions; providing incidental or occasional use for nonexempt
purposes not be included in the consideration of whether such
leaseholds qualify for exemption from ad valorem taxation; re-
pealing section 14 of chapter 71-133, Laws of Florida; amend-
ing chapter 71-309, Laws of Florida, by repealing section 3 and
adding a new subsection (4) to section 196.031, Florida Stat-
utes; providing an effective date.
-was read the first time by title and referred to the Commit-
tees on Finance & Taxation and Appropriations.

By Representative Ogden-
HB 3-D-A bill to be entitled An act relating to taxation;
providing for procedures to be used by tax assessors in assess-
ing property; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By Representative Ogden-
HJR 4-D-A joint resolution proposing an amendment to the
constitution of the state of Florida; amending section 9 of
Article VII, relating to local taxes; providing certain limitations
thereon.
-was placed in the Committee on Rules & Calendar.

By Representative Ogden-
HB 5-D-A bill to be entitled An act relating to education;
amending 236.07(9) (a), Florida Statutes, relating to the an-
nual minimum financial effort of school districts for the mini-
mum foundation program; providing that the auditor general
shall complete the assessment ratio study by April; providing
that the study shall be conducted only on real property; provid-
ing a definition of one hundred percent (100%) of nonexempt
assessed property valuation for the purposes of educational
funding; providing an effective date.
-was read the first time by title and referred to the Commit-
tees on Education, Finance & Taxation and Appropriations.

By Representatives Trombetta and D'Alemberte-
HB 6-D-A bill to be entitled An act relating to the setting
of millage; providing for millage rollback in proportion to the
increase in the assessed value of nonexempt property; provid-
ing for a maximum millage increase of ten percent (10%)
except in emergencies; providing an additional five percent
(5%) millage increase in emergencies; providing for adminis-
trative procedures; providing exceptions, providing an effec-
tive date.
-was read the first time by title and referred to the Commit-
tees on Finance & Taxation and Appropriations.

By the Committee on Transportation-
HB 7-D-A bill to be entitled An act relating to outdoor ad-
vertising; amending 479.01, Florida Statutes, relating to defi-
nitions; amending 479.02, Florida Statutes, pertaining to en-
forcement of provisions by the department of transportation;

creating 479.025, Florida Statutes, providing for execution of
agreement and for a construction moratorium; amending 479.-
03, Florida Statutes, relating to territory to which act applies;
amending 479.11(1), Florida Statutes, prohibiting the erection
of outdoor signs in certain areas; creating 479.111, Florida
Statutes, permitting certain advertising signs; amending 479.-

November 29, 1971

JOURNAL OF THE HOUSE

16(12), Florida Statutes, excepting certain advertisements;
creating 479.23, Florida Statutes, providing for removal of
signs; creating 479.24, Florida Statutes, providing for compen-
sation for removal of signs and use of power of eminent
domain; providing an effective date.

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

By the Committee on Transportation-

HB 8-D-A bill to be entitled An act relating to the control
of junkyards or scrap metal processing facilities adjacent to
public highways; providing definitions; prohibiting the opera-
tion of junkyards or scrap metal processing facilities within one
thousand (1,000) feet of the right-of-way, unless screened from
public view; providing exceptions; providing for requirements
for fences; providing the department of transportation shall
have powers of eminent domain over certain lands; providing
for enforcement by the department; providing a penalty; re-
pealing 861.13, 861.14, 861.15. 861.16, 861.17, and 861.18, Flor-
ida Statutes, and chapter 71-338, Laws of Florida, relating to
control of junkyards and scrap metal processing plants adjacent
to public highways; providing an effective date.

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

By Representative Reeves-

HB 9-D-A bill to be entitled An act relating to intangible
personal property taxation; repealing chapter 199, Florida Stat-
utes; providing an effective date.

-was placed in the Committee on Rules & Calendar.

By Representative Reeves-

HB 10-D-A bill to be entitled An act relating to intangible
personal property taxation; amending section 199.032, Florida
Statutes; reducing the amount of intangible personal property
tax levied; providing an effective date.

-was placed in the Committee on Rules & Calendar.

By the Committee on Judiciary-

HJR 11-D-A joint resolution proposing a revision of Article
V of the State Constitution relating to the judicial branch of the
government.
-was read the first time and referred to the Committee on
Appropriations.

By Representative Danahy-

HB 12-D-A bill to be entitled An act relating to local gov-
ernment finance; establishing a division of local finance within
the department of community affairs; requiring financial re-
ports by local governments; transferring duties of department
of administration and department of banking and finance re-
lating to local finance to the division of local finance; requiring
an interim report; authorizing transfer of funds within the
department of community affairs; providing an effective date.

-was placed in the Committee on Rules & Calendar.

By Representative Danahy-

HB 13-D-A bill to be entitled An act relating to legislation;
amending subsection (1) of section 3 of Chapter 71-29, Laws of
Florida, to delete the requirement of incorporating certain

OF REPRESENTATIVES November 29, 1971

court related matters into the Florida Statutes; providing an
effective date.

-was placed in the Committee on Rules & Calendar.

By Representative Wolfson-

HB 14-D-SF-A proposal to be entitled An act relating to
outdoor advertising and highway beautification.
-was read by title and referred to the Committee on Trans-
portation.

By Representative Wolfson-

HCR 15-D-A concurrent resolution recommending that a
7-member delegation be appointed for the purpose of meeting
with federal highway program administrators on the subject of
outdoor advertising and highway beautification
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Turlington-

HB 16-D-A bill to be entitled An act relating to taxation
and finance; amending Title XIII, Florida Statutes, to provide
for the imposition, collection and administration of an income
tax on corporations and other artificial persons; amending sub-
section 323.15(6), Florida Statutes, to remove the income tax
exemption of motor carriers; amending sections 624.0307 and
624.0308, Florida Statutes, to provide a credit for insurers
against insurance premium taxes for an amount of income taxes
paid; providing an appropriation and procedures for competitive
bidding; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Zinkil-

HB 17-D-A bill to be entitled An act relating to ad valorem
taxation; amending 200.131(1), Florida Statutes, as amended
by chapter 70-368, Laws of Florida, relating to municipalities
having a rate of taxation in excess of ten (10) mills, to change
the expiration date for authority to tax in excess of ten (10)
mills; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Zinkil--

RHB 18-D-SF-A proposal to be entitled An act relating to
corporate income taxation.
-was read by title and referred to the Committee on Finance
& Taxation.

By Representative Danahy-

HB 19-D-A bill to be entitled An act relating to local gov-
ernment finance; amending sections 210.025(2) and 210.20(3),
Florida Statutes, and section 3 of Chapter 71-364, Laws of
Florida, relating to cigarette taxes and the distribution of the
proceeds thereof; providing legislative intent; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Turlington-

HB 20-D-A bill to be entitled An act relating to corpora-
tions; re-enacting and amending section 608.32, Florida Statutes,
to prescribe the filing of annual corporation reports with the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

department of state; amending section 608.332, Florida Statutes,
to provide for a minimum annual corporate privilege tax; pro-
viding an effective date.

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

Opinions of the Committee on House
Administration & Conduct

OPINION NO. 21

RELATING TO USE OF LEGISLATIVE STATIONERY FOR
FUND RAISING PURPOSES
The question presented to the Committee on House Administra-
tion & Conduct by a Member of the House of Representatives
is whether a House Member can use official House stationery,
or a reproduction thereof, to solicit financial contributions on
behalf of a private lobbying organization.

No direct precedent exists on this point. However, well settled
principles of legislative conduct coupled with relevant statutory
guidance require this Committee to conclude that a Member
may not solicit contributions in such a manner. House Rule 5.6
explicitly outlines the standard of legislative conduct required
of House Members:
5.6 Legislative Conduct-Legislative office is a trust to
be performed with integrity in the public interest. A
Member of the House of Representatives is jealous
of the confidence placed in him by the people. By per-
sonal example and by admonition to colleagues whose
behavior may threaten the honor of the law-making
body, he shall watchfully guard the responsibility of
his office.
It is clear that the action of a legislator must at all times be
beyond reproach. He must represent his entire constituency to
the best of his ability on all issues. By explicitly lending the
prestige and influence of his office to raise funds for a private
lobbying organization through the use of the official House
letterhead, a legislator puts in question his objectivity on issues
of interest to the particular lobby and casts doubt on his desire
to weigh the relative merits of such proposals. Such action
clearly impugns the integrity of the legislative office and
jeopardizes the trust placed in him by the public.
Further guidance can be gleaned from Chapter 104.31 of the
Elections Code which provides that a state officer cannot
directly or indirectly coerce, command or advise any other state
officer or state employee to contribute any sum of money to any
organization for political purposes. The clear purpose of this
section is to prohibit a legislator or other state officer from
using the influence of his office to raise political funds that
might riot otherwise be forthcoming. Although this section is
primarily keyed into election situations and the acts of state
officers and employees, its clear purpose might reasonably be
extended to limit the actions of a legislator in using his office to
raise funds for organized lobbying efforts. In such a case, he
would directly be advising other state officers as well as any
state employees receiving the solicitation to contribute to the
lobby organization. Moreover, the subtleties of possible direct
and indirect coercion or intimidation inherent in such a plea
further require us to conclude that House Members should not
engage in such solicitation.
Since official House stationery is impressed with the state
seal and because reproduction of such stationery is also at issue
in the question at hand, one further statute should be noted.
Chapter 817.38 prohibits any person from sending any letter
(for the purpose of obtaining any money) which simulates the
state seal or the stationery of any state agency with the intent
to lead the recipient to believe it is genuine. The term "simu-
late" is generally defined as copying, representing, feigning,
or giving the effect or appearance of something else. Clearly
within the scope of this definition is reproduction, and we
would therefore conclude that under existing law, it would be
unlawful to use reproduced House stationery impressed with
the state seal in order to solicit funds for any purpose.

It should be pointed out that Congress and a number of other
state legislatures have permitted the use of official stationery

to promote private lobbying activities. Because of this, and
because of the absence prior to this date of a clear policy to
the contrary in Florida, it is unfair to criticize or condemn
those who, prior to the adoption of this ruling, permitted their
official stationery to be used in such a fashion. However, the
use of official stationery on behalf of organizations or persons
whose intent is to lobby the legislature is demeaning to the
legislative process and creative of an atmosphere of mistrust
and suspicion about the ethics and conduct of legislators
generally.
In sum, it is the opinion of the Committee on House Adminis-
tration & Conduct that a House Member cannot use official
House stationery, or a reproduction thereof, to solicit financial
contributions on behalf of a private lobbying organization.

George Firestone, Chairman
Committee on House Administration
& Conduct

August 10, 1971

OPINION NO. 22

RELATING TO REPRESENTATIVE DONALD L. TUCKER
On June 3, 1971, a newspaper article appeared in the Miami
Herald, containing allegations of possible misconduct on the
part of Representative Donald L. Tucker, Democrat from Leon
County. The news story inferred that during the 1971 Legisla-
tive Session, Representative Tucker sought to amend Senate
Bill 156 so as to exclude regulation of a special interest in
which his brother allegedly held an interest. Senate Bill 156
prohibits the copying of sounds from any records, disk, tape,
etc., without the owner's consent and also makes it illegal to
sell or use these items for profit. The amendment to the bill,
which was supported by Representative Tucker, would have pro-
vided an exclusion, where the manufacturer of such sound re-
cordings has paid all copyright royalties due under the Federal
Copyright Statute. The newspaper article alleged that Repre-
sentative Tucker's brother, Luther C. "Kit" Tucker, Jr. either
represented or held an interest in a business enterprise whose
activities would have been made illegal under the terms of
Senate Bill 156, as originally introduced.
Shortly after the above newspaper article appeared, Representa-
tive Donald L. Tucker contacted the Chairman of the Committee
on House Administration & Conduct and requested that a pre-
liminary inquiry be conducted into facts which were the basis
for the article. A preliminary inquiry was undertaken by the
Committee's staff, and a related report, prepared by the staff
has been reviewed by this Committee.
After reviewing the report, it is the opinion of this Committee
that these facts do not sustain an allegation that Representa-
tive Donald L.'Tucker violated any rule of the Florida House of
Representatives or that he committed any act of misconduct in
regard to his involvement in attempting, during the 1971 Legis-
lative Session, to amend Senate Bill 156. The Committee did
not receive evidence that Representative Tucker had a financial
interest in any business enterprise which might have been af-
fected by the legislation, neither does the Committee find that
Representative Tucker had any common financial interests with
any individual or firm which might be affected by the legisla-
tion. Finally, there is no direct evidence that Representative
Tucker's efforts in attempting to amend Senate Bill 156 were
in any way an :attempt to assist his brother, Mr. Luther C.
"Kit" Tucker, Jr., or to otherwise further any interest, if any,
which his brother might have held in the sound recording
business.
In reaching the above conclusion, the Committee noted several
independent facts and circumstances, which when viewed in
connection with each other, gave rise to the allegations con-
tained in the newspaper article. The mere fact that the story
was published once again points out the necessity to avoid
situations which give the slightest appearance of the existence
of a conflict of interest. News reports such as the one here can
certainly cause embarrassment for the individual legislator, and
embarrassment for the legislative body as a whole.

George Firestone, Chairman
Committee on House Administration
& Conduct

August 10, 1971

Adjournment
Pursuant to the motion previously adopted, the House ad-
journed at 12:31 p.m. to reconvene at 10:00 a.m. tomorrow.

November 29, 1971

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Tuesday, November 30, 1971

The House was called to order by the Speaker at 10:00 a.m.
The following Members were recorded present:

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, H.
Mattox

McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Murphy
Nease
Nergard
Nichols
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A.
Robinson, J.
Ryals
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
S. Wilson
W. Winn
Wolfson
Woodward
Yancey
Zinkil

strike "for" and insert "by"; on page 10, column 1, strike
lines 28 and 29 and lines 35 and 36 from top and insert "-was
placed in the Committee on Rules & Calendar."; and on page
11, column 1, line 5 from top, following "Appropriations" strike
remainder of sentence and insert a period,

Reports of Standing Committees

The Committee on Finance & Taxation recommends a com-
mittee substitute for the following:
HB 16-D (fiscal note attached)
The bill with committee substitute was referred to the Com-
mittee on Appropriations.

The Committee on Appropriations recommends the follow-
ing pass:
CS for HB 16-D, with amendments (fiscal note attached)
The bill was placed in the Committee on Rules & Calendar.

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

The Honorable Richard A. Pettigrew
Speaker, House of Representatives
Sir:

November 30, 1971

Excused: Representatives Dick Clark, Danahy, C. Matthews,
Moudry, and Sackett. Also Representative Crabtree for the
Morning Session.

A quorum was present.

Prayer

Prayer by The Reverend C. R. Johnson, Pastor of the First
Baptist Church, Wewahitchka:
Eternal God, Creator and Builder of the Universe, of
man and all his earthly habitation, we humbly beseech Thee
that we may always prove ourselves a people mindful of
Thy favor and glad to do Thy will. Bless our land with
honorable industry, sound learning, and pure manners.
Save us from violence, discord and confusion; from pride
and arrogancy, and from every evil way. Grant, 0 God, that
Christian people may come to undertake the work of local
government as a vocation and ministry; that they may
bring to their work minds that think, and hearts that feel;
that through compassion they will inspire to govern us in
the light of His divine will. Being governed by His com-
mand, hold us in Your hands, till Jesus comes. Amen.

The Journal

The Journal of November 29 was corrected and approved as
follows: On page 9, column 2, in title of HB 2-D, line 3,

Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Tuesday,
November 30, 1971, the consideration of the following bill:
CS for HB 16-D-Relating to taxation and finance
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.
Recognition of Representative Nichols
The Speaker invited to the rostrum Representative Donald
G. Nichols, whose resignation as a Member and Majority
Leader of the House is effective December 1, and House Minor-
ity Leader Representative Donald H. Reed, Jr. Mr. Nichols was
recognized for his contributions to the House of Representa-
tives and was presented mementos on behalf of the Members,
the Minority Party, and his office staff. The Speaker then
presented Mr. Nichols, who addressed the House briefly.

Consideration of the Special Order
HB 16-D was taken up, together with:

By the Committee on Finance & Taxation-
CS for HB 16-D-A bill to be entitled An act relating to
taxation and finance; amending Title XIII, Florida Statutes,

12

Rs

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

JOURNAL OF THE HOUSI

to provide for the imposition, collection and administration of
an income tax on corporations and other artificial persons;
amending subsection 323.15(6), Florida Statutes, to remove the
income tax exemption of motor carriers; amending sections
624.0307 and 624.0308, Florida Statutes, to provide a credit
for insurers against insurance premium taxes for an amount
of income taxes paid; providing an appropriation and pro-
cedures for competitive bidding; providing an effective date.

-which was read the first time by title and HB 16-D was
laid on the table.

On motion by Mr. Turlington, the rules were waived and
CS for HB 16-D was read the second time by title.

The Committee on Appropriations offered the following
amendment:

Amendment 1-On page 48, line 19, strike "four hundred
seventy-five thousand dollars ($475,000)" and insert the follow-
ing: four hundred thirty-six thousand dollars ($436,000)

Mr. Harris moved the adoption of the amendment, which was
adopted.

The Committee on Appropriations offered the following
amendment:

Amendment 2-On page 49, lines 3 and 4, strike "one hundred
seventy-five thousand dollars ($175,000)" and insert the follow-
ing: one hundred thirty-six thousand dollars ($136,000)

Mr. Harris moved the adoption of the amendment, which was
adopted.

Representative Reed offered the following amendment:

Amendment 3-On page 26, following line 19, insert the fol-
lowing: (4) all state and local taxes, of whatever kind, paid
by a taxpayer subject to the tax imposed by this chapter shall
be credited against and to the extent thereof discharge the tax-
payer's liability for tax under this Code for the taxable year
in which payment is made.

Mr. Reed moved the adoption of the amendment, which failed
of adoption. The vote was:

Yeas-31
Clark, David
Crane
Dixon
Earle
Elmore
Gibson
Glisson
Gorman

Nays-75
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Chapman
Cherry
Clark, J. R.
Conway
Craig
Culbreath
Dubbin
Featherstone
Firestone
Fleece

Grizzle
Johnson
Matthews, H.
Mattox
Mooney
Murphy
Nease
Poole

Forbes
Fortune
Fulford
Gallen
Gautier
Gillespie
Grainger
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Jones
Kennelly

Poorbaugh
Reed
Robinson, A. S.
Robinson, J. W.
Savage
Sims
Smith
Sweeny

Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Melvin
Miers
Milburn
Mixson
Nergard
Nichols
Ogden
Powell
Randell
Redman
Reeves
Renick
Rish

Sykes
Thomas
Tillman
Tubbs
Whitson
Williamson
Wilson

Santora
Sessums
Shaw
Shreve
Singleton
Spicola
Stevens
Tittle
Tobiassen
Trombetta
Turlington
Tyrrell
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

November 30, 1971

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Chapman
Cherry
Conway
D'Alemberte

Dubbin
Featherstone
Firestone
Gillespie
Harris
Hartnett
Hodes
Holloway
Kershaw

MacKay
Martinez
Milburn
Ogden
Sessums
Shaw
Shreve
Singleton
Stevens

Tobiassen
Trombetta
Turlington
Tyrrell
Westberry
Whitworth
Winn
Woodward
Zinkil

OF REPRESENTATIVES 13

Representative Tucker was recorded as voting Nay.

Representative Harris offered the following amendment:

Amendment 4-On page 25, strike all of lines 14 through 27
and insert the following: (1) The gross receipts tax imposed by
section 203.01, Florida Statutes, which is paid by any public
service corporation in the taxable year shall be credited against
and, subject to the limitation described in subsection (2), dis-
charge not in excess of fifty percent (50%) of the taxpayer's
liability for the tax under this Code. In the event that the
taxpayer is a member of an affiliated group which has filed
a consolidated return under section 220.131 for the taxable year,
the gross receipts tax paid by the taxpayer shall be credited
against and, subject to the limitation described in subsection
(2), discharge only that portion of the affiliated group's income
tax liability under this Code (not in excess of fifty percent
(50%) thereof) which is in the same proportion to the

Mr. Harris moved the adoption of the amendment. Pending
consideration thereof-

Representative MacKay offered the following substitute
amendment:

Substitute Amendment 4-On page 25, strike all of lines 14
through 31 and lines 1 through 10 on page 26, and renumber
"(3)" to "(1)" on page 26, line 11

Mr. MacKay moved the adoption of the substitute amend-
ment. Pending consideration thereof-

Representative Reed offered the following amendment to
the amendment:

Amendment 1 to Amendment 4-On page 26, line 20, insert
a new subsection as follows: Notwithstanding any provision
herein to the contrary, for the purpose liability for the tax,
public service corporation shall be deemed to mean publicly
owned as well as privately owned utility services.

Mr. Reed moved the adoption of the amendment to the amend-
ment, which failed of adoption.

Representatives Harris and Spicola offered the following
amendment to the substitute amendment:

Amendment 1 to Substitute Amendment 4-On page 10, after
line 28, insert the following: (4) Municipal corporations pro-
viding electric, water and gas generation, transmission or
distribution services shall be subject to the tax imposed by
this chapter in an amount equal to five percent (5%) of
the income transferred by such municipal corporations to any
fund, including the general revenue fund of such municipal
corporations, other than the utility operating fund.

Mr. Harris moved the adoption of the amendment to the
substitute amendment, which was adopted.

The question recurred on the adoption of Substitute Amend-
ment 4, as amended, which failed of adoption. The vote was:

Yeas-36

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-70
Birchfield
Blackburn
Brown
Burke
Caldwell
Clark, J. R.
Crabtree
Craig
Crane
Culbreath
Dixon
Earle
Elmore
Fleece
Fulford
Gallen
Gibson
Glisson

Sims
Smith
Spicola
Sweeny
Sykes
Thomas
Tillman
Tittle
Tubbs
Tucker
Walker
Whitson
Williamson
Wilson
Wolfson
Yancey

Representative Gautier was recorded as voting Yea and
Representative Mixson was recorded as voting Nay.

Mr. Reed moved that the House reconsider the vote by which
Substitute Amendment 4, as amended, failed of adoption. On
motion by Mr. Reeves, the motion to reconsider was laid on
the table.

The question recurred on the adoption of Amendment 4.

Pending consideration thereof-

Representative Spicola offered the following amendment to
the amendment:

Amendment 2 to Amendment 4-On page 10 after line 28,
insert the following: (4) Municipal corporations providing elec-
tric, water and gas generation, transmission or distribution
services shall be subject to the tax imposed by this chapter in
an amount equal to five percent (5%) of the income transferred
by such municipal corporations to any fund, including the gen-
eral revenue fund of such municipal corporations, other than
the utility operating fund.

Mr. Spicola moved the adoption of the amendment to the
amendment, which was adopted. The vote was:

Yeas-53

Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Earle
Fleece
Forbes

Nays-51
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Cherry
Clark, J. R.
Conway
Dixon
Dubbin
Elmore
Featherstone
Firestone

Gallen
Gibson
Gorman
Grainger
Guvtafson
Harllee
Hazelton
Hess
Johnson
Lane
Martinez
Matthews, H.
McDonald
Milburn

Fortune
Fulford.
Gautier
Gillespie
Harris
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Libertore

Murphy
Nichols
Poole
Redman
Reed
Reeves
Robinson, J.
Ryals
Savage
Sessums
Shaw
Shreve
Singleton
Smith

MacKay
Mattox
Melvin
Mixson
Mooney
Nease
Nergard
Ogden
Powell
Randell
Rish
Santora
Sims

Spicola
Stevens
Sykes
Thomas
Tillman
Tubbs
W. Tucker
Turlington
Whitson
Williamson
Wilson

Tittle
Tobiassen
Trombetta
Tyrrell
Walker
Westberry
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Representative Miers was recorded as voting Nay.

The question recurred on the adoption of Amendment 4, as
amended.

Pending consideration thereof, Mr. D'Alemberte moved that
the House reconsider the vote by which Amendment 2 to Amend-
ment 4 was adopted, which was agreed to. The vote was:

Yeas-56

Miers
Mooney
Murphy
Nease
Nergard
Nichols
Poole
Powell
Randell
Redman
Reed
Reeves
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Santora
Savage

Gorman
Grainger
Gustafson
Harllee
Hazelton
Hector
Hess
Hollingsworth
Johnson
Jones
Kennelly
Lancaster
Lane
Libertore
Matthews, H.
Mattox
McDonald
Melvin

Martinez
Melvin
Milburn
Mixson
Mooney
Nease
Nergard
Nichols
Ogden
Powell
Rish
Robinson, J.
Santora
Sessums

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Burke
Cherry
D'Alemberte
Dixon
Dubbin
Featherstone
Firestone
Forbes
Fortune

Nays-49
Birchfield
Blackburn
Brown
Caldwell
Chapman
Clark, J. R.
Conway
Crabtree
Crane
Culbreath
Earle
Fleece
Gallen

Shaw
Shreve
Singleton
Tittle
Trombetta
Turlington
Tyrrell
Westberry
Whitworth
Winn
Wolfson
W. Woodward
Yancey
Zinkil

Gautier
Gillespie
Glisson
Harris
Hector
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay

Gibson
Gorman
Grainger
Gustafson
Harllee
Hartnett
Hazelton
Hess
Johnson
Lane
Matthews, H.
Mattox
Miers

The question recurred on the adoption of Amendment 2 to
Amendment 4, which failed of adoption. The vote was:

Yeas-39

Birchfield
Blackburn
Brown
Caldwell
Chapman
Crane
Culbreath
Fleece
Gallen
Gibson

Nays-66
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Burke
Cherry
Clark, J. R.
Conway
D'Alemberte
Dixon
Dubbin
Earle
Featherstone
Firestone
Forbes
Fortune

Gorman
Grainger
Gustafson
Harllee
Hazelton
Hess
Hodes
Johnson
Lane
Poole

Fulford
Gautier
Gillespie
Glisson
Harris
Hartnett
Hector
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Libertore
MacKay
Martinez
Matthews, H.

Redman
Reed
Reeves
Robinson, A.
Ryals
Savage
Sessums
Smith
Spicola
Stevens

Mattox
Melvin
Miers
Milburn
Mixson
Mooney
Murphy
Nease
Nergard
Nichols
Ogden
Powell
Randell
Rish
Robinson, J. W.
Santora
Shaw

Sykes
Thomas
Tillman
S. Tobiassen
Tubbs
Tucker
Whitson
Williamson
Wilson

Shreve
Sims
Singleton
Sweeny
Tittle
Trombetta
Turlington
Tyrrell
Westberry
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

The question recurred on the adoption of Amendment 4. Pend-
ing consideration thereof-

Representatives MacKay and Trombetta offered the follow-
ing substitute amendment:

Murphy
Poole
Randell
Redman
Reed
Reeves
Robinson,
Ryals
Savage
Sims
Smith
Spicola
Stevens

Sweeny
Sykes
Thomas
Tillman
Tobiassen
Tubbs
A. S. Walker
Whitson
Williamson
Wilson

November 30, 1971

JOURNAL OF THE HOUSE OP REPRESENTATIVES

Substitute Amendment 4-On page 25, line 19, strike "for
tax" and insert the following: for not in excess of one percent
(1%) of the tax

Mr. MacKay moved the adoption of the substitute amend-
ment, which failed of adoption.

The question recurred on the adoption of Amendment 4,
which failed of adoption. The vote was:

Yeas-53

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Chapman
Cherry
Clark, David
Conway
D'Alemberte
Dubbin
Featherstone
Firestone

Nays-60
Blackburn
Brown
Burke
Caldwell
Clark, J. R.
Crabtree
Craig
Crane
Culbreath
Dixon
Earle
Elmore
Fleece
Fulford
Gallen

Forbes
Fortune
Gautier
Gillespie
Grainger
Harris
Hodes
Holloway
Jones
Kershaw
MacKay
Martinez
Melvin
Milburn

Gibson
Glisson
Gorman
Grizzle
Gustafson
Harllee
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Johnson
Kennelly
Lancaster
Lane

Mixson Tittle
Nergard Tobiassen
Nichols Trombetta
Ogden Turlington
Poorbaugh Tyrrell
Powell Whitworth
Redman Winn
Renick Wolfson
Rish Woodward
Robinson, J. W. Yancey
Santora Zinkil
Shaw
Shreve
Singleton

Libertore Sessums
Matthews, H. Sims
Mattox Smith
McDonald Spicola
Miers Sweeny
Mooney Sykes
Murphy Thomas
Nease Tillman
Poole Tubbs
Randell Tucker
Reed Walker
Reeves Westberry
Robinson, A. S. Whitson
Ryals Williamson
Savage Wilson

Subsequently, Mr. Lancaster moved that the House reconsider
the vote by which Amendment 4 failed of adoption. Mr. Cul-
breath moved that the motion to reconsider be laid on the table.

Pending consideration thereof, the absence of a quorum was
suggested. A quorum of 107 members was present.

The question recurred on the motion to lay the motion to
reconsider on the table, which was agreed to. The vote was:

Yeas-67
Birchfield
Blackburn
Brown
Burke
Caldwell
Clark, J. R.
Craig
Crane
Culbreath
Dixon
Earle
Elmore
Fleece
Forbes
Fortune
Fulford
Gibson

Nays-41
Mr. Speaker
Andrews
Baker
Baumgartner
Cherry
Clark, David

Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hartnett
Hazelton
Hector
Hess
Hodes
Johnson
Jones
Kennelly
Lane
Libertore
Martinez

Conway
Crabtree
D'Alemberte
Dubbin
Featherstone
Gallen

Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mooney
Murphy
Nease
Poole
Randell
Redman
Reed
Reeves
Robinson, A. S.
Ryals
Savage

Gautier
Gillespie
Harris
Hollingsworth
Holloway
Kershaw

Sessums
Sims
Smith
Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Tucker
Walker
Whitson
Williamson
Wilson

Lancaster
MacKay
Mixson
Nergard
Ogden
Poorbaugh

Powell
Rish
Robinson, J.
Santora
Shaw

Shreve
Singleton
W. Tittle
Trombetta
Turlington

Tyrrell
Whitworth
Winn
Wolfson
Woodward

Yancey
Zinkil

Representative Reed offered the following amendment:

Amendment 5-On page 20, line 10, strike all of lines 10
through 15 and insert the following: (i) taxable income in the
case of a corporation for which there is in effect for the taxable
year an election under section 1372 of the Internal Revenue
Code shall mean taxable income as defined in section 63 of the
Internal Revenue Code, and not small business corporations tax-
able income described in subsection 1373(d) of the Code.

Mr. Reed moved the adoption of the amendment.

Pending consideration thereof, on motion by Mr. Redman,
the amendment was laid on the table. The vote was:

Yeas-61

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Chapman
Cherry
Conway
Crabtree
Culbreath
Dubbin
Featherstone
Firestone
Forbes
Fortune

Nays-41
Brown
Burke
Caldwell
Clark, David
Clark, J. R.
Craig
Crane
Dixon
Earle
Elmore
Gibson

Gallen
Gautier
Gillespie
Glisson
Grainger
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw

Gorman
Grizzle
Gustafson
Hazelton
Lane
Matthews, H.
Mooney
Moudry
Murphy
Nergard
Poole

Lancaster
Libertore
MacKay
Martinez
Mattox
Melvin
Miers
Milburn
Mixson
Ogden
Randell
Redman
Reeves
Renick
Rish
Shaw

Powell
Reed
Robinson, A. S.
Robinson, J. W.
Santora
Savage
Sims
Smith
Spicola
Sweeny
Sykes

Shreve
Singleton
Tittle
Tobiassen
Trombetta
Turlington
Tyrrell
Walker
Whitworth
Winn
Wolfson
Woodward
Zinkil

Thomas
Tillman
Tubbs
Tucker
Whitson
Williamson
Wilson
Yancey

Representative Spicola changed his vote from Nay to Yea.

Representatives Ogden and Turlington offered the following
amendment:

Amendment 6-On page 17, after line 27, insert the following:

(d) Installment sales.

(i) Unless there has been an election under subparagraph
(ii), any taxpayer which returns any portion of its income for
federal income tax purposes under section 453 of the Internal
Revenue Code (whether or not as a dealer) shall file its
return under this Code, and shall compute its adjusted taxable
income (including income derived from transactions treated for
federal tax purposes as installment sales) in accordance with
the regular method by which the taxpayer accounts under sec-
tion 446(c) of the Internal Revenue Code for transactions which
are not installment sales. In preparing its return under this
Code, the taxpayer shall adjust taxable income (as defined in
subsection (2)) by excluding therefrom all installment sale in-
come reported in the taxable year with respect to income real-
ized from installment sales prior to January 1, 1972 and by
including therein the full amount of all income realized from
installment sales under an accrual method of accounting on or
after said date; provided, however, that for a taxable year
which begins before and ends after January 1, 1972, the ratio

November 30, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

set forth in subsection 220.12(2) shall not be applied to the
taxpayers' apportioned share of installment sale income in com-
puting net income.
(ii) Any taxpayer which has elected for federal income tax
purposes to report any portion of its income on the installment
basis under section 453 of Internal Revenue Code may elect to
so return income from installment sales for purposes of this
Code; provided, however, that the election provided by the sub-
paragraph (ii) shall only be allowed if:
a. said election is made not later than the due date (includ-
ing any extensions thereof) for filing said taxpayer's return
under this Code, in such manner as the department may pre-
scribe; and
b. the taxpayer consents in writing, at the time of its elec-
tion, to the filing of its return without the adjustments to tax-
able income which are described in subparagraph (i).
(iii) If the taxpayer is a dealer or otherwise returns a por-
tion of its income under section 453 of the Internal Revenue
Code, an election under subparagraph (ii) must be made for
the taxpayer's first taxable year under this Code in which a
portion of its income is so returned for federal tax purposes,
and said election shall apply to all subsequent taxable years
for which installment sale treatment is elected for federal in-
come tax purposes, unless the department consents in writing
to the revocation of such election prior to the first taxable
year for which such revocation would apply.
(iv) If any taxpayer which elects under subparagraph (ii)
returns income under subsection 453(b) of the Internal Revenue
Code, then notwithstanding sub-subparagraphs 220.13(1) (b) (i)
a. and b. said taxpayer shall take into account in computing its
taxable income, in such manner as the department may by regu-
lation provide, net operating losses carried forward from tax-
able years ending prior to January 1, 1972.

Mr. Turlington moved the adoption of the amendment, which
was adopted. The vote was:

Yeas-61

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Cherry
Clark, David
Conway
Crane
Culbreath
D'Alemberte
Dubbin
Featherstone
Firestone

Nays-40
Brown
Caldwell
Chapman
Clark, J. R.
Crabtree
Craig
Dixon
Earle
Fleece
Fulford

Forbes
Fortune
Gallen
Gillespie
Harllee
Harris
Hazelton
Hector
Hess
Hodes
Holloway
Kennelly
Kershaw
Libertore
MacKay
Martinez

McDonald
Melvin
Milburn
Mixson
Nergard
Ogden
Poorbaugh
Powell
Redman
Renick
Robinson, J.
Sessums
Shreve
Singleton
Spicola
Sweeny

Tittle
Tobiassen
Trombetta
Tucker
Turlington
Tyrrell
Westberry
Whitworth
Winn
Wolfson
W. Woodward
Yancey
Zinkil

November 30, 1971

come all amounts included therein which are derived from
stocks, bonds, Treasury notes, and other obligations of the
United States.

Mr. Wolfson moved the adoption of the
was adopted. The vote was:

Yeas-61
The Chair
Alvarez
Blackburn
Burke
Caldwell
Chapman
Crabtree
Crane
Culbreath
D'Alemberte
Dubbin
Earle
Gallen
Gibson
Glisson
Gorman

Nays-32
Andrews
Baker
Birchfield
Brown
Cherry
Clark, David
Conway
Craig

Grainger
Grizzle
Gustafson
Harllee
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Johnson
Kershaw
Lancaster
Lane
Libertore
Matthews, H.

Featherstone
Firestone
Fortune
Gillespie
Holloway
Jones
Kennelly
MacKay

amendment, which

Mattox Singleton
McDonald Sweeny
Miers Sykes
Mixson Tillman
Mooney Tubbs
Nease Westberry
Redman Whitson
Reeves Whitworth
Rish Williamson
Robinson, A. S. Wilson
Ryals Wolfson
Savage Woodward
Sessums Zinkil
Shaw
Shreve
Sims

Martinez
Melvin
Murphy
Nergard
Ogden
Poorbaugh
Powell
Renick

Santora
Spicola
Thomas
Trombetta
Turlington
Tyrrell
Winn
Yancey

Representative Elmore was recorded as voting Yea, Repre-
sentatives Fortune, Melvin, and Winn changed their votes from
Nay to Yea.

Recused from Voting

Representatives Dixon, Fleece, Harris, Randell, Reed, Tittle,
and Walker recused themselves from voting.

Representatives Wolfson, Shaw, and Reeves offered the
following amendment:

Amendment 8-On page 13, line 9, strike "Internal Revenue
Code;" and insert the following: Internal Revenue Code and
which is not derived from obligations of the State of Florida
or any of its political subdivisions;

Mr. Wolfson moved the adoption of the amendment, which
was adopted.

THE SPEAKER IN THE CHAIR

Gautier
Gibson
Glisson
Gorman
Grizzle
Gustafson
Hollingsworth
Johnson
Matthews, H.
Mattox

Mooney
Murphy
Nease
Poole
Randell
Reed
Reeves
Rish
Robinson, A. S.
Savage

Sims
Smith
Sykes
Thomas
Tillman
Tubbs
Walker
Whitson
Williamson
Wilson

Representative Miers was recorded as voting Nay.

MR. GAUTIER IN THE CHAIR

Representatives Wolfson, Shaw, and Reeves offered the
following amendment:

Amendment 7-On page 16, following line 17, insert the fol-
lowing: (iv) There shall be subtracted from such taxable in-

Representative Ogden offered the following amendment:

Amendment 9-On page 15, strike all of lines 15 through 29,
and renumber "(iii)" as "(ii)" on page 15, line 30 and on page
16, line 13.

Mr. Turlington moved the adoption of the amendment, which
was adopted.

Representative Turlington offered the following amendment:

Amendment 10-On page 26, line 9, strike "gross credit" and
insert the following: gross receipts

Mr. Turlington moved the adoption of the amendment, which
was adopted.

Representative Turlington offered the following amendment:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Amendment 11-On page 7, line 21, strike the period and in-
sert the following: or, in the case of a taxpayer with an annual
accounting period of 52-53 weeks under subsection 441(f) of the
Internal Revenue Code, the period determined under that sub-
section.

Mr. Turlington moved the adoption of the amendment, which
was adopted.

Representative Turlington offered the following amendment:

Amendment 12-On page 35, line 3, strike "200.32" and insert
the following: 220.32

Mr. Turlington moved the adoption of the amendment, which
was adopted.

Representative Savage offered the following amendment:
Amendment 13-On page 6, lines 23 and 24, strike "Private
school corporations under chapter 623"

Mr. Savage moved the adoption of the amendment, which
failed of adoption.

Representatives Spicola and Martinez offered the following
amendment:

Amendment 14-On page 10, after line 28, insert the follow-
ing: (4) municipal corporations providing electric generation,
transmission or distribution services shall be subject to the tax
imposed by this chapter in an amount equal to five percent
(5%) of the income transferred by such municipal corporations
(to any fund, including the general revenue fund of such
municipal corporations) other than the utility operating fund.

Mr. Spicola moved the adoption of the amendment. Pending
consideration thereof-

Representative Reed offered the following amendment to the
amendment:

Amendment 1 to Amendment 14-After "distribution" insert
the following: or water

Mr. Reed moved the adoption of the amendment to the amend-
ment, which was adopted. The vote was:

Yeas-57
Mr. Speaker Gorman McDonald Smith
Alvarez Grainger Milburn Spicola
Birchfield Grizzle Mooney Sweeny
Caldwell Gustafson Murphy Sykes
Clark, David Harris Nease Thomas
Clark, J. R. Hazelton Nergard Tillman
Conway Johnson Poole Tittle
Crane Jones Poorbaugh Tubbs
Dixon Kennelly Powell Westberry
Earle Kershaw Reed Whitson
Firestone Lancaster Santora Wilson
Fleece Libertore Savage Yancey
Fulford Martinez Shreve
Gibson Matthews, H. Sims
Gillespie Mattox Singleton

Nays-34
Andrews Dubbin MacKay Tyrrell
Baker Gallen Redman Whitworth
Baumgartner Glisson Renick Williamson
Blackburn Harllee Ryals Winn
Brown Hector Sessums Wolfson
Cherry Hodes Shaw Woodward
Craig Hollingsworth Stevens Zinkil
Culbreath Holloway Trombetta
D'Alemberte Lane Turlington

Representative Featherstone was recorded as voting Yea,
Representative Tucker was recorded as voting Nay, and Repre-
sentative Williamson changed his vote from Nay to Yea.

Representative Reed offered the following amendment to the
amendment:

Amendment 2 to Amendment 14-After "water," insert:
sewer and refuse

Mr. Reed moved the adoption of the amendment to the amend-
ment. Pending consideration thereof-

Mr. Harris moved the previous question on the amendment
to the amendment and the pending amendment, which was
agreed to.

The question recurred on the adoption of Amendment 2 to
Amendment 14, which failed of adoption. The vote was:

Yeas-44

Birchfield Gibson
Brown Gillespie
Burke Gorman
Caldwell Grizzle
Clark, David Gustafson
Clark, J. R. Hazelton
Dixon Jones
Earle Libertore
Fleece Matthews, H.
Forbes Mattox
Fulford McDonald

Nays-59
Mr. Speaker Glisson
Andrews Grainger
Baker Harllee
Baumgartner Harris
Blackburn Hartnett
Chapman Hector
Cherry Hess
Conway Hollingsworth
Crabtree Holloway
Craig Johnson
Culbreath Kennelly
Dubbin Kershaw
Elmore Lancaster
Fortune Lane
Gautier MacKay

Representatives Tittle and
Nay.

Miers Savage
Milburn Sims
Murphy Smith
Nease Sweeny
Nergard Thomas
Poole Tillman
Poorbaugh Tubbs
Powell Westberry
Reed Whitson
Robinson, A. S. Wilson
Robinson, J. W. Yancey

Martinez Spicola
Melvin Stevens
Mixson Sykes
Mooney Tobiassen
Ogden Trombetta
Redman Turlington
Reeves Tyrrell
Renick Walker
Rish Whitworth
Ryals Williamson
Santora Winn
Sessums Wolfson

Shaw Woodward
Shreve Zinkil
Singleton

Tucker were recorded as voting

The question recurred on the adoption of Amendment 14,
as amended, which failed of adoption. The vote was:

Yeas-39
Birchfield Gustafson Poorbaugh Sykes
Blackburn Hartnett Redman Thomas
Caldwell Hazelton Reed Tillman
Crane Lane Robinson, A. S. Tobiassen
Culbreath Martinez Ryals Tubbs
Dixon Matthews, H. Savage Tyrrell
Earle McDonald Sessums Whitson
Fleece Milburn Smith Williamson
Grainger Murphy Spicola Wilson
Grizzle Poole Stevens

Nays-65
Mr. Speaker Craig Hector Miers
Alvarez Dubbin Hess Mixson
Andrews Elmore Hollingsworth Mooney
Baker Forbes Holloway Nease
Baumgartner Fortune Johnson Nergard
Brown Fulford Jones Ogden
Burke Gautier Kennelly Powell
Chapman Gibson Kershaw Reeves
Cherry Gillespie Lancaster Rish
Clark, David Glisson Libertore Robinson, J. W.
Clark, J. R. Gorman MacKay Santora
Conway Harllee Mattox Shaw
Crabtree Harris Melvin Shreve

November 30, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Turlington
Walker
Westberry
Whitworth

Winn
Wolfson
Woodward
Yancey

Zinkil

Representative Hodes was recorded as voting Yea. Repre-
sentatives Gallen and Tucker were recorded as voting Nay.

Representatives Earle, Tubbs and Reed offered the follow-
ing amendment:

Amendment 15-On page 23, line 4, strike "$5,000." and in-
sert the following: $25,000.

Dr. Earle moved the adoption of the amendment. Pending
consideration thereof-

Representatives Hess and Tyrrell offered the following sub-
stitute amendment:

Substitute Amendment 15-On page 23, line 4, strike "5,000"
and insert the following: $10,000

Mr. Hess moved the adoption of the substitute amendment.
Pending consideration thereof-

Mr. Lancaster moved the previous question on the pending
amendments and the bill, which was agreed to.

The question recurred on the adoption of Substitute Amend-
ment 15, which failed of adoption.

The question recurred on the adoption of
which failed of adoption. The vote was:

Yeas-38

Brown
Burke
Chapman
Dixon
Earle
Elmore
Fulford
Gibson
Glisson,
Gorman

Nays-66
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Caldwell
Cherry
Clark, David
Conway
Craig
Crane
Culbreath
D'Alemberte
Dubbin
Featherstone

Grizzle
Gustafson
Kennelly
Matthews, H.
Mattox
McDonald
Milburn
Mixson
Mooney
Murphy

Firestone
Fleece
Forbes
Fortune
Gallen
Gautier
Gillespie
Grainger
Harllee
Harris
Hazelton
Hector
Hess
Hollingsworth
Johnson
Jones
Kershaw

Nease
Poole
Powell
Randell
Reed
Robinson,
Savage
Sims
Smith
Sweeny

Amendment 15,

Sykes
Tillman
Tubbs
Walker
Whitson
A. S. Williamson
Wilson
Woodward

Lancaster
Lane
Libertore
MacKay
Martinez
Nergard
Ogden
Poorbaugh
Redman
Renick
Rish
Robinson, J. W.
Ryals
Santora
Sessums
Shreve
Singleton

Spicola
Stevens
Thomas
Tittle
Tobiassen
Trombetta
Tucker
Turlington
Tyrrell
Westberry
Whitworth
Winn
Wolfson
Yancey
Zinkil

Sims
Singleton
Sweeny
Tittle

Nays-13
Burke
Earle
Elmore
Gibson

Caldwell
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Craig
Crane
Culbreath
D'Alemberte
Dixon
Dubbin
Featherstone
Firestone
Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gillespie ,
Grainger
Gustafson

Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
McDonald
Melvin
Milburn'
"Mixson
Mooney

Glisson
Gorman
Grizzle
Matthews, H.

Mattox
Reed
Sims
Smith

Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Santora
Savage
Sessums
Shaw
Shreve
Singleton
Spicola
Stevens

Tillman

Representative Crabtree was recorded as voting Yea and
Representative Miers was recorded as voting Nay.

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

Explanations of vote on CS for HB 16-D

In the first place, the people ratified a constitutional amend-
ment only authorizing the Legislature to levy a tax on corpo-
rate income at the maximum rate of 5% tax and the minimum
exemption of $5,000. The Governor and other individuals in
high office estimated the corporate income tax would generate
$100,000,000 in state revenue. Therefore, I voted no for the
following reasons:
1. The Governor nor the legislative leadership have so far
specifically listed what the $100,000,000 would be spent for.
2. Florida based corporations that already pay heavy prop-
erty taxes and heavy personal property taxes are to be taxed
at the same rate as the big multi-state corporations.
3. Some corporations will be exempted from the Florida tax
due to the method of electing to pay federal tax.
4. The low exemption is not fair to most Florida based
corporations because of the high ratio of other taxes they pay
which are not being paid by the large multi-state corporations.
5. It is my considered opinion and my conviction that this
bill is not fair tax reform.
Representative Henton D. Elmore

I would have voted yes on the corporate income tax if the
10,000 or 25,000 exemption had passed which was offered as
amendments to the implementing legislation.
Representative James A. Glisson

Mr. Dubbin moved that the House adjourn upon completion
of Introduction and Reference to reconvene at 10:00 a.m.
tomorrow, which was agreed to.

On motion by Mr. Turlington, the rules were waived and
CS for HB 16-D, as amended, was read the third time by title.

Pending roll call, the absence of a quorum was suggested.
A quorum of 107 Members was present.
On passage of CS for HB 16-D, the vote was:
Yeas-98

Mr. Speaker
Alvarez

Andrews
Baker

Baumgartner
Birchfield

Blackburn
Brown

Introduction and Reference

By Representative Kershaw-
HB 21-D-A bill to be entitled An act relating to game and
fresh water fish; repealing chapter 70-26, Laws of Florida, re-
lating to certain exemptions of state residents from obtaining
fishing licenses when fishing with poles for noncommercial
purposes; reenacting 372.57(4) (a), Florida Statutes, 1969;
providing an effective date.

Sweeny
Sykes
Thomas
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil

18

November 30, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

By Representative Powell-
HB 22-D-A bill to be entitled An act relating to sales and
use tax; amending 212.05(5), Florida Statutes, as amended by
chapter 71-360, Laws of Florida, to eliminate such tax on wired
television service; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By the Committee on Judiciary-
HB 23-D-A bill to be entitled An act relating to a special
election to be held on March 14, 1972, pursuant to Section 5 of
Article XI of the State Constitution for the approval or rejec-
tion by the electors of Florida of a joint resolution revising
Article V of the State Constitution relating to the judicial
branch of government; providing for publication of notice and
procedures; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Reed-
HB 24-D-A bill to be entitled An act relating to per diem
and traveling expenses of public officers, employees, and au-
thorized persons; amending 112.061(6) and (7), Florida Stat-
utes; providing for maximum rates allowable for per diem and
subsistence; providing for uniformity of maximum rates allow-
able for public officers, employees, and authorized persons;
providing for maximum rates allowable for transportation
expenses; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By the Committee on Appropriations-
HB 25-D-A bill to be entitled An act relating to the indus-
trial relations commission; amending 440.44(2), Florida Stat-
utes, as amended by chapter 71-377, Laws of Florida, to provide
that the salaries of the two (2) members of the industrial
relations commission, other than the director, shall be seven
thousand two hundred dollars ($7,200) per annum; providing
an effective date.
-was placed in the Committee on Rules & Calendar.

By the Committee on Appropriations-
HB 26-D-A bill to be entitled An act relating to court re-
porters' salaries and expenses; amending subsection 29.04(1),

Florida Statutes, by changing the present salary level to five
thousand four hundred dollars ($5,400); providing an effective
date.
-was placed in the Committee on Rules & Calendar.

Reports of Standing Committees

The Committee on Appropriations recommends the follow-
ing pass:

HJR 11-D (fiscal note attached)
HB 23-D (fiscal note attached)
The bills were placed in the Committee on Rules & Calendar.

Engrossing Reports

November 30, 1971
Your Engrossing Clerk reports amendments to-
CS/HB 16-D
-have been incorporated and the bill herewith returned.
Allen Morris, Clerk

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

Enrolling Reports

HCR 1-D Org.
-has been enrolled, signed by the required Constitutional
Officers and filed with the Secretary of State on November
30, 1971.
Allen Morris, Clerk

Adjournment

Pursuant to the motion previously adopted, the House ad-
journed at 4:26 p.m. to reconvene at 10:00 a.m. tomorrow.,

November 30, 1971

THE JOURNAL OF THE FLORIDA

House -o Representatives

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

Wednesday, December 1, 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
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
D'Alemberte
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, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
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

Excused: Representatives Dick Clark, Culbreath, Danahy, C.
Matthews, Moudry, Sackett, and Shaw. Also Representative
Reed for part of the afternoon session.

A quorum was present.

Prayer

Prayer by Representative James Lorenzo Walker:
Our heavenly Father, we find in Your Holy Word these
sayings by Your son Jesus, our Savior, in His Sermon on
the Mount: Blessed are the poor in spirit for theirs is the
kingdom of Heaven. Blessed are they that mourn: for they
shall be comforted. Blessed are the meek: for they shall
inherit the earth. Blessed are they which do hunger and
thirst after righteousness for they shall be filled. Blessed
are the merciful: for they shall obtain mercy. Blessed are
the pure in heart: for they shall see God. Blessed are the
peacemakers: for they shall be called the children of God.
Father help us this day to be poor in spirit, to the point
that we will mourn for Your comforting, and make us
meek so as to hunger and thirst after righteousness, that
Your mercy will grant unto us a pure heart that as individ-
uals we will be peacemakers between we and our neighbors
be they next door, next block, next town, next state, next
country, or next continent, that we shall be called the child-
ren of God. Amen.

Journal
The Journal of November 30 was corrected and approved as
follows: On page 18, column 1, line 7 from bottom, insert "CS
for" preceding HB 16-D, and in same column, line 4 from
bottom, after "of", insert "CS for"

Communication

The Secretary of State advised the Clerk of the election
of Frank Carlucci as Member of the House of Representatives
from the 27th District, vice Donald G. Nichols, resigned.

The following communication was read:

STATE OF FLORIDA
Department of State
I, RICHARD (DICK) STONE, Secretary of State of the
State of Florida, do hereby certify that the following Member
of the House of Representatives was elected at the General
Election held on the 30th day of November, A. D., 1971, as
shown by the election returns on file in this office:

District Number Twenty-seven

Frank Carlucci

GIVEN under my hand and the
Great Seal of the State of Florida,
at Tallahassee, the Capital, this the
First day of December, A. D., 1971.
RICHARD (DICK) STONE
Secretary of State

The Speaker presented Circuit Judge Guyte P. McCord, Jr.,
who administered the Oath of Office prescribed by the Con-
stitution of Florida to Mr. Carlucci.

The Speaker recognized the presence of the wife of Repre-
sentative Carlucci, his brother, and other guests.

Record Votes

Disclosure under Rule 5.10 with respect to Amendment 6
to CS for HB 16-D, pages 15-16 of the Journal of November
30, 1971, pertaining to installment sales.

Under Rule 5.10, I wish to disclose that I represent as an
attorney, a small Florida corporation dealing in land sales,
however my vote against the amendment was solely based
upon my belief that the tax treatment on installment sales
which the Finance and Tax Committee recommended in the
text of the bill was much fairer than the amendment offered
from the Floor.
Representative Jeff D. Gautier

Representative Poole was recorded as voting Nay on Amend-
ment 7 to CS for HB 16-D on November 30.

Excused for Committee Meeting

Representatives Crabtree, D'Alemberte, Reed, and Redman,
members of the Joint Select Committee on Article V, and
Representatives Santora and Whitworth, were excused for part
of the session for the purpose of attending a committee meeting.

Without objection, the rules were waived and the House
proceeded to the order of--

20

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Introduction and Reference

By Representative Ogden-
HB 27-D-A bill to be entitled An act relating to taxation;
amending chapter 192, Florida Statutes, by creating new section
192.012, Florida Statutes, to provide that the assessment ratio
study conducted by the auditor general shall be conducted only
on real property; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By Representative Featherstone-
HB 28-D-A bill to be entitled An act relating to insurance;
amending 1, 2, 3, 5(2) and (4), 6, 7, 8, 10, 11, 12(2), 13, 14,
15, 16, 17, and 18 of chapter 70-20, Laws of Florida, appearing
respectively as 631.50, 631.51, 631.52, 631.54(2) and (4),
631.55, 631.56, 631.57, 631.59, 631.60, 631.61(2), 631.62, 631.63,
631.64, 631.65, 631.66, and 631.67, Florida Statutes, 1970 Sup-
plement, and creating 631.591, 631.68 and 631.69, Florida
Statutes; providing that the Florida insurance guaranty fund
be created as a bureau to be operated under the division of
rehabilitation and liquidation of the department of insurance
and transferring the supervision of and all functions of the
present Florida insurance guaranty association to said depart-
ment; conforming definitions; providing for an establishment of
an additional account to be known as "administrative revolving
account" for the purpose of paying expenses of operating the
fund; providing for investment and deposit of funds; providing
powers and duties of the fund and the department; providing
for audit of all accounts; providing for adoption of rules and
regulations by the insurance commissioner and treasurer; estab-
lishing a procedure for priority and payment of certain claims;
providing for assessment by the insurance commissioner and
treasurer of member insurance companies authorized to trans-
act business in this state; providing for a six (6) month stay
of proceedings in which an insolvent insurer is party to permit
proper defense by the fund; providing procedures for objections
to the fund's offer of settlement; repealing 631.395, Florida
Statutes, as created by 20 of chapter 70-27, Laws of Florida,
relating to the department acting as receiver to coordinate the
operation of an insurance guaranty fund with the receivership
of any liquidated insurer, and 9 of chapter 70-20, Laws of
Florida, appearing as 631.58, Florida Statutes, 1970 Supple-
ment, relating to operation of the Florida insurance guaranty
association; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Insurance and Appropriations.

By the Committee on Insurance-
HB 29-D-A bill to be entitled An act relating to insurance
and claims against insolvent insurers; setting forth a purpose
and scope; providing definitions; requiring certain insurers to
establish and be members of the Florida Property and Casualty
Insurance Guaranty Association; providing duties, functions,
obligations, and rights of the association; providing four guar-
anty accounts; providing for assessments of member insurers;
providing a governing committee; providing the membership,
powers, duties, and functions of the governing committee; pro-
viding duties of the department of insurance relating to the
association; providing for payment of certain claims; barring
the payment of claims previously paid; providing a method to
prevent insolvencies of insurers; providing immunity from cer-
tain suits; providing a time limitation for the filing of suits
against the association; amending section 627.0851(4), Florida
Statutes, providing a method for payment of claims against
insolvent insurers arising under the uninsured motorists statute;
providing a severability clause; and providing an effective date
for the expiration of this act.
-was read the first time by title and placed on the Rules
Calendar.

By the Committee on Finance & Taxation-
HB 30-D-A bill to be entitled An act relating to taxation
and finance; repealing Articles III and IV of the Multistate
Tax Compact, section 213.15, Florida Statutes; providing an
effective date.

---was read the first time by title and placed on the Rules
Calendar.

By the Committee on Finance & Taxation-
HB 31-D-A bill to be entitled An act relating to taxation
and corporations; amending subsection 214.21(1), Florida Stat-
utes, to conform provisions relating to crimes to chapter 71-136,
Laws of Florida; amending section 214.72, Florida Statutes, to
provide for special tax apportionment procedures for manu-
facturers of tangible personal property in the State of Florida;
amending subparagraph 214.71(3) (a) (2), Florida Statutes, to
modify the sales factor apportionment rule; amending section
214.70, Florida Statutes, to define meaning of term everywhere "
for apportionment factors; providing an effective date.
-was read the first time by title and placed on the Rules
Calendar.

By the Committee on Finance & Taxation-
HB 32-D-A bill to be entitled An act relating to game and
fresh water fish; amending section 372.57(4) (a), Florida Stat-
utes, as amended by chapter 70-26, Laws of Florida, exempt-
ing certain state residents from obtaining fishing licenses when
fishing with poles for noncommercial purposes; providing an
effective date.
-was read the first time by title and placed on the Rules
Calendar.

By the Committee on Finance & Taxation-
HB 33-D-A bill to be entitled An act relating to taxation;
amending subsection 212.08(7), Florida Statutes, by adding sub-
section (i) to provide an exemption from sales and use taxes
for household utilities; providing an effective date.
-was read the first time by title and placed on the Rules
Calendar.

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 1, 1971

Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Wednesday,
December 1, 1971, the consideration of the following bills:
HB 33-D-Repeal of the sales tax on household utilities
HB 32-D-Cane pole tax repealer
HB 29-D-Insurance guaranty association

A quorum of the Committee was present in person, and a
majority of those 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.

Consideration of the Special Order

HB 33-D-A bill to be entitled An act relating to taxation;
amending subsection 212.08(7), Florida Statutes, by adding sub-
section (i) to provide an exemption from sales and use taxes
for household utilities; providing an effective date.
-was taken up. On motion by Mr. Ogden, the rules were
waived and HB 33-D was read the second time by title.

Representative Powell offered the following amendment:
Amendment 1-On page 2, strike all of section 2 and insert
the following: Section 2. Subsection (5) of section 212.05,

December 1, 1971

21

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Florida Statutes, as amended by chapter 71-360, Laws of
Florida, is amended to read:
212.05 Sales, storage, use tax.-It is hereby declared to be
the legislative intent that every person is exercising a taxable
privilege who engages in the business of selling tangible per-
sonal property at retail in this state, or who rents or furnishes
any of the things or services taxable under this chapter, or who
stores for use or consumption in this state any item or article
of tangible personal property as defined herein and who leases
or rents such property within the state. For the exercise of said
privilege a tax is levied on each taxable transaction or incident
and shall be due and payable, according to the brackets set
forth in section 212.12(10) as follows:
(5) At the rate of four percent on charges for all telegraph
messages and long distance telephone calls, beginning and ter-
minating in this state, and recurring charges to regular sub-
scribers for local telephone service, and for wied televiienn
service and all charges for the installation of telephonic? wired
television and telegraphic equipment and at the same rate on
all charges for electrical power or energy. Telephone and tele-
graph services originating within this state and completed out-
side this state or originating outside this state and completed
within this state are not taxable. The provisions of subsections
212.17(3) and (8), regarding credit for tax paid on charges
subsequently found to be worthless shall be equally applicable
to any tax paid under the provisions of this section on charges
for telephone and telegraph services and electric power sub-
sequently found to be uncollectible. The word "charges" in this
subsection shall not include any excise or similar tax levied by
the federal government, any political subdivision of the state,
or any municipality upon the purchase or sale of telephone, wi*ed
television or telegraph service or electric power, which tax is
collected by the seller from the purchaser.
Section 3. This act shall take effect July 1, 1972.
Mr. Powell moved the adoption of the amendment. Pending
consideration thereof-

Mr. Gautier raised the point of order that Mr. Powell's
amendment was outside the purview of the Governor's call,
even though germane to the pending bill, and its content could
be treated only in a separate bill subject to introduction with
the consent of two-thirds of the membership. The Speaker ruled
the point well taken.

Mr. Powell moved the amendment be admitted for considera-
tion, notwithstanding the Governor's call. The Speaker ruled
any proposal to amend the bill and bring in material outside
the call would require reintroduction of the bill. An amendment,
continued the Speaker, could not be introduced outside the call
by a two-thirds vote.

Representative Hess offered the following amendment:
Amendment 2-On page 1, line 28, strike "to residential
households"
Mr. Hess moved the adoption of the amendment. Pending
consideration thereof-

Under the prior ruling, the amendment was ruled out of
order.

Representative MacKay offered the following amendment:
Amendment 3-On page 1, line 28, after the word "house-
holds" insert the following: including facilities rented as
principal places of residence,
Mr. MacKay moved the adoption of the amendment. Pending
consideration thereof-

Representative Reeves offered the following amendment to
the amendment:
Amendment 1 to Amendment 3-After "residence" insert the
following: pursuant to a lease, written or oral, for a period of
one month or more.
Mr. Reeves moved the adoption of the amendment to the
amendment.

Without objection, the amendment to Amendment 3 was
withdrawn.

December 1, 1971

Mr. MacKay withdrew his amendment with the explanation
that he believed it was the intention of the Legislature that the
administrative regulations be drafted in such a way that eld-
erly people who are renting on a year-round basis and students
who are renting on a full-time student year basis be included
in the exemption for residential householders. The Speaker
directed that the Journal reflect the explanation by Mr. MacKay
and reiterated Mr. MacKay's intent not to prejudice the inter-
pretation of the legislation by any court with the withdrawal
of the amendment.

On motion by Mr. Ogden, the rules were waived and HB
33-D was read the third time by title. On passage, the vote
was:

Yeas-101

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

Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane

Libertore Shreve
MacKay Sims
Martinez Spicola
Matthews, H. Stevens
Mattox Sweeny
McDonald Sykes
Melvin Thomas
Milburn Tillman
Mixson Tittle
Mooney Tobiassen
Murphy Trombetta
Nease Tubbs
Nergard Turlington
Ogden Tyrrell
Poorbaugh Westberry
Powell Whitworth
Redman Williamson
Reed Wilson
Reeves Winn
Renick Wolfson
Rish Woodward
Robinson, J. W. Yancey
Ryals Zinkil
Santora
Savage
Sessums

Nays-None

Representatives Harris, Miers, Poole, Randell, Singleton, and
Whitson were recorded as voting Yea.

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

HB 32-D-A bill to be entitled An act relating to game and
fresh water fish; amending section 372.57(4) (a), Florida Stat-
utes, as amended by chapter 70-26, Laws of Florida, exempt-
ing certain state residents from obtaining fishing licenses when
fishing with poles for noncommercial purposes; providing an
effective date,
-was taken up, pending a motion to waive the rules for
second reading.

Mr. Craig moved the rules be waived and the House revert
to the Order of Business of Motions Relating to Committee
Reference. The Speaker said the House now Was on the Special
Order Calendar, with the bill in question, HB 32-D, pending on
that Calendar, and the motion to revert therefore would require
a two-thirds vote for agreement.

Pending consideration, Mr. Tillman raised the point of order
that the bill should be referred to the Committee on Appropria-
tions. The Speaker, after consultation, held that in an abundance
of caution, although the bill carries a July 1 effective date and
no current appropriation is involved, the bill does affect a
continuing trust fund appropriation which would remain unaf-
fected unless changed by the Legislature. Hence, because of
this direct relationship to the legislative overview duty, the
Chair felt the point was well taken. The bill was, therefore,
placed in the Committee on Appropriations.

On behalf of Mr. Craig, as Chairman of the Committee on
Natural Resources, Dr. Earle claimed jurisdiction of HB 32-D
under Rule 8.8 for the Committee on Natural Recources. The
Speaker, after further consultation, ruled as follows:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

"It is the opinion of the Chair that the rule raised by Mr.
Earle is inappropriate at this time but it would be appropriate
during consideration of the order of business of Motions Relat-
ing to Committee Reference. We are on the Special Order
Calendar and I do not think the rule permits us to interrupt
that Special Order to take up a claim of jurisdiction, which
properly should be made during the order of business of Motions
Relating to Committee Reference. I have agreed with Mr. Craig
and others and Mr. Earle that, upon completion of the Special
Order Calendar today, we will go ahead, prior to the meet-
ing of the Appropriations Committee, revert to that order of
business, take up this issue and dispose of it, since otherwise
we are going to have an Appropriations Committee meeting,
come back in and have it disposed of at that time."

HB 29-D-A bill to be entitled An act relating to insurance
and claims against insolvent insurers; setting forth a purpose
and scope; providing definitions; requiring certain insurers to
establish and be members of the Florida Property and Casualty
Insurance Guaranty Association; providing duties, functions,
obligations, and rights of the association; providing four guar-
anty accounts; providing for assessments of member insurers;
providing a governing committee; providing the membership,
powers, duties, and functions of the governing committee; pro-
viding duties of the department of insurance relating to the
association; providing for payment of certain claims; barring
the payment of claims previously paid; providing a method to
prevent insolvencies of insurers; providing immunity from cer-
tain suits; providing a time limitation for the filing of suits
against the association; amending section 627.0851(4), Florida
Statutes, providing a method for payment of claims against
insolvent insurers arising under the uninsured motorists statute;
providing a severability clause; and providing an effective date
for the expiration of this act.
-was taken up. On motion by Mr. MacKay, the rules were
waived and HB 29-D was read the second time by title.

Representative Forbes offered the following amendment:
Amendment 1-On page 11, strike all of line 20, and insert
the following: forms of proof of covered claims, provided, how-
ever, that any uninsured motorist shall have the option of pro-
ceeding against the guaranty fund or against his own unin-
sured motorist fund. Notice of

Mr. Forbes moved the adoption of the amendment. Pending
consideration thereof-

Mr. MacKay raised the point of order that the amendment
was not within the purview of the Governor's Call. He said
the Call limited consideration to the remedying of Constitutional
defects as determined by Circuit Judge Hugh Taylor. The
amendment by Mr. Forbes, continued Mr. MacKay, would add
substantive material.

The Speaker held the point well taken, stating his reading
of the Governor's Proclamation spoke of the correction of
alleged Constitutional defects of Chapter 70-20, the Florida
Insurance Guaranty Association Act. The Speaker said it was
his understanding that as drafted and presented to the House
the pending bill attempted to respond specifically to the de-
fects pointed out in Judge Taylor's opinion. He agreed the Call
was very limited in its scope but felt the House would be in-
viting additional Constitutional challenges by adding on some-
thing outside the purview of the Call.

Mr. Forbes withdrew his amendment.

Representative Powell offered the following amendment:
Amendment 2-On page 6, line 26, strike the period and in-
sert the following: in accordance with and not exceeding the
provisions of Chapter 112.061, Florida Statutes.
Mr. Powell moved the adoption of the amendment.

Mr. Gillespie raised the same point of order against the
amendment by Mr. Powell as being outside the Call. The
Speaker ruled the point well taken, expressing the hope the
Committee on House Administration & Conduct, in its pending

consideration of a proposed revision of Article III, would ad-
dress itself to the constraints placed upon the Legislature by
the present language relating to consideration of legislation
under a call by the Governor.

On motion by Mr. MacKay, the rules were waived and HB
29-D was read the third time by title. On passage, the vote
was:

Yeas-99

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Craig
Crane
Dixon
Dubbin
Earle
Elmore
Featherstone
Fleece
Forbes

Fortune
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore

MacKay Sessums
Martinez Shreve
Matthews, H. Sims
Mattox Singleton
McDonald Spicola
Melvin Stevens
Miers Sweeny
Milburn Sykes
Mixson Thomas
Mooney Tillman
Murphy Tittle
Nease Tobiassen
Nergard Tubbs
Ogden Tucker
Poorbaugh Turlington
Powell Tyrrell
Randell Walker
Redman Westberry
Reeves Whitson
Renick Williamson
Rish Wilson
Robinson, A. S. Woodward
Robinson, J. W. Yancey
Ryals Zinkil
Savage

Nays-None

Representatives Crabtree, Firestone, Harris, Reed, Santora,
Trombetta, Whitworth, Winn, and Wolfson were recorded as
voting Yea.

So the bill passed and was ordered immediately certified to
the Senate.
Without objection, the rules were waived and the House re-
verted to the order of-

Messages from the Senate

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 1, 1971

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

By the Committee on Ways and Means-
CS for SB 8-D-A bill to be entitled An act relating to tax
on rentals; amending section 212.03, Florida Statutes, by adding
subsection (7) to provide an exemption on rentals of buildings
intended primarily for lease or rent to persons as their principal
or permanent place of residence; amending sections 212.02 (6)
(h), 212.031 (1)(a), and 212.031 (1)(b), Florida Statutes, rela-
tive to such exemption on rentals; providing the Department
of Revenue with responsibility for certain classification; pro-
viding an effective date.
-and requests the concurrence of the House therein.

Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate
CS for SB 8-D, contained in the above message, was read
the first time by title and referred to the Committee on Finance
& Taxation.

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

Sir:

December 1, 1971

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

23

December 1, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By the Committee on Ways and Means-
SB 10-D-A bill to be entitled An act relating to taxation;
amending subsection 212.08(7), Florida Statutes, by adding
subsection (i) to provide an exemption from sales and use taxes
for household utilities; providing an effective date.
-and requests the concurrence of the House therein.

Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate
SB 10-D, contained in the above message, was read the first
time by title and referred to the Committee on Finance &
Taxation.

Without objection, the rules were waived and the House re-
verted to the order of-

Motions Relating to Committee Reference

On motion by Mr. Craig, Chairman of the Committee on
Natural Resources, HB 32-D, referred to the Committee on
Appropriations, was also referred to the Committee on Natural
Resources. The vote was:

Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
D'Alemberte
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, H.
Mattox
McDonald
Melvin
Miers

Milburn
Mixson
Mooney
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Santora
Savage
Sessums
Shreve
Sims
Singleton
Smith

A quorum was present.

Yeas-55
Alvarez
Baker
Brown
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Dixon
Earle
Elmore
Forbes
Fulford
Gautier

Nays-53
Mr. Speaker
Andrews
Baumgartner
Birchfield
Blackburn
Burke
Caldwell
Carlucci
Chapman
Cherry
Conway
D'Alemberte
Dubbin
Featherstone

Gibson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Hodes
Johnson
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald

Firestone
Fleece
Fortune
Gallen
Gillespie
Harllee
Harris
Hartnett
Hector
Hess
Hollingsworth
Holloway
Kennelly
Kershaw

Melvin
Miers
Milburn
Mooney
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Robinson, A. S.
Savage

Lane
MacKay
Martinez
Mixson
Ogden
Renick
Rish
Robinson,
Ryals
Santora
Singleton
Smith
Spicola
Stevens

Sessums
Shreve
Sims
"Sykes
'homas
Tillman
Tobiassen
Westberry
Whitson
Williamson
Wilson
Woodward
Yancey

Sweeny
Tittle
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
J. W. Walker
Whitworth
Winn
Zinkil

Representatives Reeves and Wolfson requested to be recorded
as voting Nay.

Recess

On motion by Mr. Dubbin, the House recessed at 12:35 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 Blackburn
Baumgartner Brown
Birchfield Burke

Caldwell
Carlucci
Chapman

Reports of Standing Committees

The Committee on Finance & Taxation recommends the fol-
lowing pass: CS for SB 8-D with amendment (fiscal note
attached)

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

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 1, 1971

Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Wednesday
afternoon, December 1, 1971, the consideration of the following
bill:
CS for SB 8-D-Exempts residential rentals from the sales
tax

Your Committee further recommends for introduction the
following measures:

HB 13-D-Relating to population act-courts
HB 25-D-Relating to Industrial Relations Commission
HB 26-D-Court reporters' salaries & expenses
HCR 34-D-Dolphin resolution

A quorum of the Committee was present in person and a
majority of those 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.

On motions by Mr. Dubbin, consented to by the required
Constitutional two-thirds vote, HB's 13-D, 25-D, 26-D, and HCR

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

December 1, 1971

JOURNAL OF THE HOUSE

34-D were admitted for later introduction, the Speaker having
ruled that the measures were not within the purview of the
Governor's call.

Consideration of the Special Order

CS for SB 8-D-A bill to be entitled An act relating to tax
on rentals; amending section 212.03, Florida Statutes, by adding
subsection (7) to provide an exemption on rentals of buildings
intended primarily for lease or rent to persons as their prin-
cipal or permanent place of residence; amending sections 212.02
(6)(h), 212.031 (1)(a), and 212.031 (1)(b), Florida Statutes,
relative to such exemption on rentals; providing the Depart-
ment of Revenue with responsibility for certain classification;
providing an effective date.
-was taken up. On motion by Mr. Turlington, the rules
were waived and CS for SB 8-D was read the second time
by title.

The Committee on Finance & Taxation offered the follow-
ing amendment:
Amendment 1-On page 5, line 2, strike "January 1, 1972"
and insert the following: July 1, 1972

Mr. Turlington moved the adoption of the
was adopted. The vote was:

Yeas-70
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Clark, J. R.
Conway
Craig
Dixon
Dubbin
Elmore
Featherstone
Firestone

Nays-30
Caldwell
Chapman
Cherry
Crane
Earle
Fleece
Gibson
Gorman

Forbes
Fortune
Fulford
Gallen
Gautier
Gillespie
Glisson
Grainger
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Johnson
Jones
Kershaw

Grizzle
Gustafson
Kennelly
Lane
Matthews, H.
McDonald
Mooney
Murphy

Lancaster
Libertore
MacKay
Martinez
Mattox
Melvin
Miers
Milburn
Mixson
Nease
Ogden
Poole
Randell
Redman
Reeves
Renick
Ryals
Singleton

Nergard
Powell
Rish
Robinson, A. S.
Robinson, J. W.
Savage
Sims
Sykes

amendment, which

Stevens
Sweeny
Tittle
Tobiassen
Trombetta
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Winn
Wolfson
Woodward
Yancey

Thomas
Tillman
Tubbs
Williamson
Wilson
Zinkil

Representative Baumgartner offered the following amend-
ment:
Amendment 2-On page 2, line 11, after the word "facilities"
insert the following: including trailer lots,
Mr. Baumgartner moved the adoption of the amendment,
which was adopted.

On motion by Mr. Turlington, the rules were waived and
CS for SB 8-D, as amended, was read the third time by title.

Representative Turlington offered the following amendment:
Amendment 3-On page 3, lines 3, 5 and 6, strike "January
1, 1972" and insert the following: July 1, 1972
Mr. Turlington moved the adoption of the amendment, which
was adopted by two-thirds vote.

OF REPRESENTATIVES 25

The question recurred on the passage of CS for SB 8-D, as
amended. The vote was:

Yeas-108
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes

Nays-None

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

Representatives D'Alemberte
voting Yea.

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

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

and Walker were recorded as

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

On motion by Mr. Harris, the rules were waived and the
House proceeded to the order of-

Introduction and Reference

By the Committee on Appropriations-
HB 25-D-A bill to be entitled An act relating to the indus-
trial relations commission; amending 440.44(2), Florida Stat-
utes, as amended by chapter 71-377, Laws of Florida, to provide
that the salaries of the two (2) members of the industrial
relations commission, other than the director, shall be seven
thousand two hundred dollars ($7,200) per annum; providing
an effective date.
-was read the first time by title and taken up by waiver of
the rules, consent for its introduction by the required Constitu-
tional two-thirds vote having been given earlier.

On motions by Mr. Harris, the rules were waived and HB
25-D was read the second time by title and the third time by
title.

Representative Gautier offered the following amendment:
Amendment 1-On page 2, line 13, strike "July 1, 1972" and
insert the following: upon becoming a law.
Mr. Harris moved the adoption of the amendment, which was
adopted, by two-thirds vote.

The question recurred on the passage of HB 25-D, as
amended. The vote was:

Yeas-104

Mr. Speaker
Alvarez
Andrews
Baker

Baumgartner
Birchfield
Blackburn
Brown

Burke
Caldwell
Carlucci
Chapman

Cherry
Clark, David
Clark, J. R.
Conway

December 1, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

December 1, 1971

Craig
Crane
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Harris

Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson

Mooney
Murphy
Nease
Nergard
Ogden
Poole
Powell
Randell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Savage
Sessums
Shreve
Sims
Singleton
Spicola
Stevens

Nays-None

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

By the Committee on Appropriations-

HB 26-D-A bill to be entitled An act relating to court re-
porters' salaries and expenses; amending subsection 29.04(1),
Florida Statutes, by changing the present salary level to five
thousand four hundred dollars ($5,400); providing an effective
date.

-was read the first time by title and taken up by waiver
of the rules, consent for its introduction by the required Consti-
tutional two-thirds vote having been given earlier.

On motions by Mr. Harris, the rules were waived and
HB 26-D was read the second time by title and the third time
by title. On passage, the vote was:

By Representative Danahy-

HB 13-D-A bill to be entitled An act relating to legislation;
amending subsection (1) of section 3 of Chapter 71-29, Laws of
Florida, to delete the requirement of incorporating certain
court related matters into the Florida Statutes; providing an
effective date.

-was read the first time by title and taken up by waiver
of the rules, consent for its introduction by the required Consti-
tutional two-thirds vote having been given earlier.

Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil

Yeas-100
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Craig
Crane
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes

Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Harris
Hazelton
Hess
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez

were waived and
and the third time

Matthews, H. Singleton
Mattox Spicola
McDonald Stevens
Melvin Sweeny
Miers Sykes
Milburn Thomas
Mixson Tillman
Mooney Tittle
Murphy Tobiassen
Nease Trombetta
Nergard Tubbs
Poole Tucker
Poorbaugh Turlington
Powell Tyrrell
Randell Walker
Redman Westberry
Reeves Whitson
Renick Whitworth
Rish Williamson
Robinson, J. W. Wilson
Ryals Winn
Savage Wolfson
Sessums Woodward
Shreve Yancey
Sims Zinkil

Yeas-98 Nays-None
Yeas--98

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Caldwell
Carlucci
Chapman
Cherry
Clark, J. R.
Conway
Craig
Crane
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford

Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez

Matthews, H. Spicola
Mattox Stevens
McDonald Sweeny
Melvin Sykes
Miers Tillman
Milburn Tittle
Mixson Tobiassen
Mooney Trombetta
Murphy Tubbs
Nease Tucker
Nergard Turlington
Poorbaugh Tyrrell
Powell Walker
Randell Westberry
Redman Whitson
Reeves Whitworth
Renick Williamson
Rish Wilson
Robinson, J. W. Winn
Ryals Wolfson
Savage Woodward
Sessums Yancey
Shreve Zinkil
Sims
Singleton

Nays-1
Forbes

Representative Thomas was recorded as voting Yea.

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

So the bill
the Senate.

passed and was ordered immediately certified to

Reconsideration

Mr. Forbes moved to reconsider the vote by which HB 32-D
was referred to the Committee on Natural Resources. Mr.
Fulford raised the point of order, under Rule 8.8, that, the
bill having been taken into the possession of the Committee
on Natural Resources, the pending action was in effect a motion
to withdraw the bill from committee and required a two-thirds
vote.

The Speaker held Rule 8.8, where the House has taken action
by majority vote, did not preclude the right set forth in Rule
10.6 for the same majority to reconsider any question. This,
the Speaker continued, "is an important right vested in the
majority of the House at any time, and I see no other basis
in Rule 8.8 to deprive the majority of the House of the power
to reconsider."

Mr. Fulford raised the further point of order that since the
Rules of the Florida House did not speak directly to this
question, the Rules of the U.S. House of Representatives were
applicable under Florida House Rule 15.1. Mr. Fulford read
from Section 820 of the Rules of the U.S. House which, in
material part, stated no bill once referred to a committee shall
be brought back into the House on a motion to reconsider.
The Speaker said: "The Chair respectfully disagrees. It feels
that Rule 10.6 is in point directly and confers upon the majority
of the House as a matter of right the power to reconsider any
main question it has voted upon that day or on the succeed-
ing day. The Chair so rules."

On motions by Mr. Dubbin, the rules
HB 13-D was read the second time by title
by title. On passage, the vote was:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The question recurred on the motion to reconsider, which
agreed to. The vote was:

Yeas-51
Mr. Speaker
Alvarez
Andrews
Baumgartner
Blackburn
Chapman
Cherry
Conway
Dubbin
Elmore
Featherstone
Firestone
Fleece

Nays-49
Baker
Birchfield
Brown
Burke
Caldwell
Carlucci
Clark, J. R.
Craig
Crane
Dixon
Earle
Fulford
Gibson

Forbes
Fortune
Gallen
Gillespie
Harllee
Harris
Hector
Hess
Hollingsworth
Holloway
Kennelly
Kershaw
Lane

Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Hodes
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald

MacKay Stevens
Martinez Tittle
Ogden Trombetta
Reeves Tubbs
Renick Turlington
Rish Tyrrell
Robinson, J. W. Walker
Ryals Whitworth
Sessums Winn
Shreve Wolfson
Singleton Woodward
Smith Zinkil
Spicola

Melvin Sims
Miers Sweeny
Milburn Sykes
Mooney Thomas
Murphy Tillman
Nease Westberry
Nergard Whitson
Poole Williamson
Powell Wilson
Randell Yancey
Redman
Robinson, A. S.
Savage

Representatives Santora and Tucker were recorded as voting
Yea and Representative Tobiassen was recorded as voting
Nay.

The question recurred on the motion by Mr. Craig that HB
32-D be also referred to the Committee on Natural Resources.
Pending consideration thereof, the absence of a quorum was
suggested. A quorum of 101 Members was present.
The motion by Mr. Craig was not agreed to. The vote was:

Yeas-48
Alvarez
Baker
Birchfield
Brown
Burke
Clark, J. R.
Craig
Crane
Dixon
Earle
Fulford
Gibson
Nays-53
Mr. Speaker
Andrews
Baumgartner
Blackburn
Caldwell
Carlucci
Chapman
Cherry
Conway
D'Alemberte

Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald

Dubbin
Elmore
Featherstone
Firestone
Fleece
Forbes
Fortune
Gallen
Gillespie
Harllee

Melvin
Miers
Mooney
Murphy
Nease
Nergard
Powell
Randell
Redman
Robinson, A. S.
Savage
Sims

Harris
Hector
Hess
Hodes
Hollingsworth
Holloway
Kennelly
Kershaw
Lane
MacKay

Sweeny
Sykes
Thomas
Tillman
Tobiassen
Tucker
Westberry
Whitson
Williamson
Wilson
Woodward
Yancey

Martinez
Milburn
Ogden
Poole
Reeves
Renick
Robinson, J. W.
Ryals
Santora
Shreve

was Singleton
Smith
Spicola
Tittle

Trombetta
Tubbs
Turlington
Tyrrell

Walker
Whitworth
Winn
Wolfson

Zinkil

Representative Poole changed his vote from Nay to Yea.
Mr. Dubbin moved that the House adjourn upon completion
of Introduction and Reference to reconvene at 1:30 p.m. tomor-
row, which was agreed to.

Introduction and Reference

By Representatives Poole and Reed-

HCR 34-D-A concurrent resolution commending the Miami
Dolphins professional football team for their outstanding record
and achievements.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar, consent for its introduction by the
required Constitutional two-thirds vote having been given
earlier.

By Representatives Andrews and Singleton-
HB 35-D-A bill to be entitled An act relatin' to alcoholic
beverages; amending Section 561.34(3) (g), Florida Statutes,
as created by chapter 71-361, Laws of P'lorida, providing for
tax to be imposed on vendors operating places of business for
consumption for five (5) or more permanent locations within
said premises and excluding therefrom service bars and tem-
porary or portable bars; providing an effective date.
-was placed in the Committee on Rules & Calendar.

Engrossing Reports

December 1, 1971
Your Engrossing Clerk reports amendment to-
HB 25-D
-has been incorporated and the bill herewith returned.
Allen Morris, Clerk
-and the bill was ordered immediately certified to the
Senate.

December 1, 1971
Your Engrossing Clerk reports amendments to-
CS for SB 8-D
-have been examined and the bill herewith returned.
Allen Morris, Clerk
-and the bill with amendments, was ordered immediately
certified to the Senate.

Adjournment

Pursuant to the motion previously adopted, the House ad-
journed at 4:08 p.m. to reconvene at 1:30 p.m. tomorrow.

27

December 1, 1971

THE JOURNAL OF THE FLORIDA

41Cs
LO

Thursday, December 2, 1971

The House was called to order by the Speaker at 1:30 p.m.

The following members were recorded present:

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

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

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

Excused: Representatives Dick Clark, Danahy, Harllee, C.
Matthews, Reed, and Sackett.

A quorum was present.

Prayer

Prayer by Representative Julian B. Lane:
Our Father, bless we pray Thee, the leaders of this
state. Strengthen the courage of the Representatives as-
sembled here-sincere men who want to do the right, if
only we can be sure what is right. Make it plain to us,
oh Lord, and then wilt Thou start us out on the right way,
for Thou knowest that we are hard to turn. Forgive us for
the blunders we may commit, the compromises we have
made. Give us the courage to admit mistakes. Take away
from us as individuals that stubborn pride, which, followed
by conceit, imagines itself to be above and beyond criticism.
Save our leaders, oh God, from themselves and from their
friends. Let no personal ambition blind us to our oppor-
tunities. Give us divine common sense and a selflessness
that shall make us think of service and not gain. Give us
the courage to lead the people of Florida, considering un-
worthy the expediency of following the people. We ask this
in His name. Amen.

The Journal

The Journal of December 1 was corrected and approved as
follows: On page 20, in quorum roll call, after "'Sessums" in-
sert "Shreve"

The Journal of November 29 was further corrected and ap-
proved as follows: On page 9, column 2, strike lines 26 and 27
and lines 33 and 34 from top and insert "-was placed in the
Committee on Rules & Calendar."

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 1, 1971

Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Thursday, De-
cember 2, 1971, the consideration of the following bills:

HJR 11-D-Revision of Article V
HB 23-D-Early vote on Article V
HCR 34-D-Commending the Miami Dolphins

A quorum of the Committee was present in person, and a
majority of those agreed to the above Report.
Respectfully submitted,
Murray H. Dubbin
Chairman, Committee on
Rules & Calendar

On a motion by Mr. Westberry, Vice Chairman of the Com-
mittee on Rules & Calendar, the above report was adopted.

Consideration of the Special Order

HJR 11-D-A joint resolution proposing a revision of Article
V of the State Constitution relating to the judicial branch of
the government.
-was taken up and read the second time.

The Committee on Judiciary offered the following amendment:
Amendment 1-On page 1, line 11, strike everything after the
resolving clause and insert the following:
That the following proposed revision of Article V of the
State Constitution is agreed upon and shall be submitted to the
electors of Florida for ratification or rejection at the presiden-
tial preference primary election to be held March 14, 1972.
(Substantial rewording of article. For present text see Article
V, State Constitution.)
ARTICLE V
JUDICIARY
Section 1. Courts.-The judicial power shall be vested in a
supreme court, district courts of appeal, circuit courts and
county courts. No other courts may be established by the state,
any political subdivision or any municipality. The state shall
be divided by general law into appellate court districts and
judicial circuits following county lines. Administrative officers
or bodies or commissions established by law may be granted

28

House of Representatives

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

quasi-judicial power in matters connected with the functions
of their offices and their orders shall be reviewed as provided
by law.
Section 2. Administration; practice and procedure.-
(a) The supreme court shall adopt rules for the practice
and procedure in all courts including the time for seeking
appellate review; for the administrative supervision of all
courts; for the transfer to the court having jurisdiction of any
proceeding when the jurisdiction of another court has been
improvidently invoked; and providing that no cause shall be
dismissed because an improper remedy has been sought. These
rules may be changed by general law enacted by two-thirds
vote of the membership of each house of the legislature.
(b) The chief justice of the supreme court shall be chosen
by a majority of the members of the court. He shall be the
chief administrative officer of the judicial system and shall
have the power to assign justices or judges, including consent-
ing retired justices or judges, to temporary duty in any court
for which the judge is otherwise qualified.
(c) A chief judge for each district court of appeal shall be
chosen by a majority of the judges thereof or, if there is no
majority, by the chief justice. The chief judge shall be respon-
sible for the administrative supervision of the court.
(d) A chief judge in each circuit shall be chosen from among
the circuit judges as provided by supreme court rule. The chief
judge shall be responsible for the administrative supervision of
the circuit courts and county courts in his circuit.
Section 3. Supreme Court.-
(a) Organization.-The supreme court shall consist of seven
justices. Five justices shall constitute a quorum. The concur-
rence of four justices shall be necessary to a decision.
(b) Jurisdiction.-The supreme court:
(1) Shall hear appeals from final judgments of trial courts
imposing the death penalty and from orders of trial courts and
decisions of district courts of appeal initially and directly pass-
ing on the validity of a state statute or a federal statute or
treaty, or construing a provision of the state or federal con-
stitution.
(2) When provided by general law, shall hear appeals from
final judgments and orders of trial courts imposing life im-
prisonment or entered in proceedings for the validation of
bonds or certificates of indebtedness.
(3) May review by certiorari any decision of a district
court of appeal that affects a class of constitutional or state
officers, that passes upon a question certified by a district court
of appeal to be of great public interest, or that is in direct con-
flict with a decision of any district court of appeal or of the
supreme court on the same question of law, and any inter-
locutory order passing upon a matter which upon final judgment
would be directly appealable to the supreme court; and may
issue writs of prohibition to courts and commissions in causes
within the jurisdiction of the supreme court to review, and
all writs necessary to the complete exercise of its jurisdiction.
(4) May issue writs of mandamus and quo warrant to
state officers and state agencies;
(5) The supreme court or any justice may issue writs of
habeas corpus returnable before the supreme court or any
justice, a district court of appeal or any judge thereof, or any
circuit judge.
(6) The supreme court shall have the power of direct re-
view of administrative action prescribed by general law.
(c) Clerk and marshal.--The supreme court shall appoint a
clerk and marshal who shall hold office during the pleasure of
the court and perform such duties as the court directs. Their
compensation shall be fixed by general law. The marshal shall
have the power to execute the process of the court throughout
the state, and in any county may deputize the sheriff or a
deputy sheriff for such purpose.
Section 4. District courts of appeal.-

(a) Organization.-There shall be a district court of appeal
serving each appellate court district. Each district court of
appeal shall consist of at least three judges. Three judges shall
consider each case and the concurrence of two shall be necessary
to a decision.

(b) Jurisdiction.-
(1) District courts of appeal shall have jurisdiction to hear
appeals, that may be taken as a matter of right, from final
judgments or orders of trial courts, including those entered
on review of administrative action, not directly appealable to
the supreme court or a circuit court. They may review inter-
locutory orders in such cases to the extent provided in rules
adopted by the supreme court.
(2) They shall have the power of direct review of adminis-
trative action prescribed by general law.
(3) A district court of appeal or any judge thereof may
issue writs of habeas corpus returnable before the court or any
judge thereof or before any circuit judge within the territorial
jurisdiction of the court. A district court of appeal may issue
writs of mandamus, certiorari, prohibition, quo warrant, and
other writs necessary to the complete exercise of its jurisdiction.
To the extent necessary to dispose of all issues in a cause prop-
erly before it, a district court of appeal may exercise any of
the appellate jurisdiction of the circuit courts.
(c) Clerks and marshals.-Each district court of appeal shall
appoint a clerk and marshal who shall hold office during the
pleasure of the court and perform such duties as the court di-
rects. Their compensation shall be fixed by general law. The
marshal shall have the power to execute the process of the
court throughout the territorial jurisdiction of the court, and
in any county may deputize the sheriff or a deputy sheriff for
such purpose.
Section 5. Circuit Courts.
(a) Organization.-There shall be a circuit court serving each
judicial circuit.
(b) Jurisdiction.-The circuit courts shall have original juris-
diction not vested in the county courts, and jurisdiction of
appeals from county courts when provided by general law.
They shall have the power to issue writs of mandamus, quo
warrant, certiorari, prohibition and habeas corpus, and all
writs necessary or proper to the complete exercise exercise of their juris-
diction. Jurisdiction of the circuit court shall be uniform
throughout the state. They shall have the power of direct re-
view of administrative action prescribed by general law.
Section 6. County Courts.-
(a) Organization.-There shall be a county court in each
county. Notwithstanding any other provision of this constitu-
tion, one person may be the judge of more than one county
court, when provided by law.
(b) Jurisdiction.-The county courts shall exercise the juris-
diction provided by general law. The jurisdiction shall be uni-
form throughout the state.
Section 7. Specialized Divisions.-All courts except the su-
preme court may sit in divisions as may be authorized by
general law.
Section 8. Eligibility.--A justice or judge must be an elector
of the state and reside in the territorial jurisdiction of his
court. A justice or judge shall not serve after attaining the
age of seventy years except to complete a term half of
which he has served or upon temporary assignment. Each jus-
tice of the supreme court and judge of a court of appeal must
be and have been a member of the bar of Florida for the
preceding ten years. A circuit judge must be and have been a
member of the bar of Florida for the preceding five years.
Unless otherwise provided by general law, a county court judge
must be a member of the bar of Florida.
Section 9. Determination of number of judges.-Appellate
court districts and judicial circuits may be increased, decreased
or redefined and the number of judges of any court except the
supreme court may be increased or reduced by law consistent
with this article, but only by certificate of the supreme court
finding that a need based on workload and other pertinent
factors exists for such action. The supreme court shall estab-
lish by rule uniform criteria for the determination of the need
for additional judges or the desirability for the reduction of
the number of judges. The reduction of the number of judges
shall be effective only at the expiration of a term of office.
Section 10. Election and Terms.-

(a) Election.-All justices or judges shall be elected as pro-
vided by general law.

December 2, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(b) Terms.-The terms of all justices of the supreme court,
judges of district courts of appeal and circuit judges shall be
for six years. The terms of judges of county courts shall be for
four years.
Section 11. Vacancies.-
(a) The governor shall fill each vacancy in judicial office
by appointing for a term ending on the first Tuesday after
the first Monday in January of the year following the next pri-
mary and cneral election, one of not fewer ihan three -r r ons
nominated by the appropriate judicial nominating commission.
An election shall be held to fill that judicial office for the term
of the office beginning at the end of the appointed term. The
nominations shall be made within thirty days from the occur-
rence of a vacancv unless the Period is extended by the governor
for a time not to exceed thirty days. If the governor fails
to make the appointment within sixty days after the nomina-
tions hqve been cortifipd to him. the chief justice shall make
the appointment from those nominated.
(b) There shall be a separate judicial nominating commis-
sion as provided by general law for the supreme court, each
district court of appeal, and each judicial circuit for all trial
courts within the circuit.
Section 12. Discipline; removal and retirement.-
(a) There shall be a judicial qualifications commission com-
posed of:
(1) Two judges of district courts of appeal selected by the
judges of those courts, two judges of circuit courts selected by
the judges of those courts and two judges of county courts
selected by the judges of those courts; all of whom shall not
be eligible to succeed themselves;
(2) Two electors who reside in the state and are members of
the bar of the state, chosen by the governing body of the bar
of Florida, who shall not be eligible to succeed themselves; and
(3) Three electors who reside in the state and who have
never held judicial office or been members of the bar, ap-
pointed by the Governor, who shall not be eligible to succeed
themselves.
(b) The members of the judicial qualifications commission
shall serve staggered terms, not longer than six years, fixed by
general law. No member of the commission except a justice
or judge shall be eligible for state judicial office so long as he
is a member of the commission and for a period of two years
thereafter. No member of the commission shall hold office in
a political party or, except as provided herein, participate in
any campaign for judicial office or hold public office. The com-
mission shall elect one of its members as its chairman.
(c) The supreme court shall adopt rules regulating proceed-
ings of the commission, the filling of vacancies by the appoint-
ing authorities and the temporary replacement of disqualified
or incapacitated members. After a recommendation of removal
of any justice or judge, the record of the proceedings of the
commission relating to it shall be made public.
(d) Upon recommendation of two-thirds of the members of
the judicial qualifications commission, the supreme court may
order that any justice or judge be disciplined by private repri-
mand, or removed from office with termination of compensation,
for willful or persistent failure to perform his duties or for
other conduct unbecoming a member of the judiciary; or in-
voluntnrily r.tircd for any disability that seriously interferes
with the performance of his duties and that is permanent. On
request of the commission, the supreme court may suspend
a justice or iudge from performing the duties of his office
during the final determination of an inquiry upon the filing of
a formal proceeding by the commission.
(e) The power of removal conferred by this section shall
be cumulative to the rower of impeachment and to the power
of suspension by the Governor and removal by the senate.
5e tion 13. Prohibited activities.-All justices and judges
shall devote full time to their judicial duties. They shall not
engage in the practice of law or hold office in any political
party.

Section 14. Judicial salaries.-All justices and judges shall
be compensated only by state salaries fixed by general law.
The judiciary shall have no power to fix appropriations.

Section 15. Attorneys; admission and discipline.-The su-
preme court shall have exclusive jurisdiction to regulate the
admission of persons to the practice of law and discipline of
persons admitted.
Section 16. Clerks of the circuit courts.-Tbere shall be a
clerk of the circuit court in each county who shall be elected
by the qualified electors of the county.
Section 17. State attorneys.-In each judicial circuit a state
attorney shall be elected for a term of four years. He shall be
the prosecuting officer of all trial courts in that circuit and
shall perform other duties prescribed by general law; provided,
however, when authorized by general law, the violations of all
municipal ordinances may be prosecuted by municipal prose-
cutors. A state attorney shall be an elector of the state and
reside in the territorial jurisdiction of the circuit. He shall
have been a member of the bar of Florida for the preceding
five years. He shall devote full time to his duties and he shall
not engage in the private practice of law. State attorneys
shall appoint such assistant state attorneys as may be au-
thorized by law. The salaries of state attorneys and assistant
state attorneys shall be fixed by general law.
Section 18. Public defenders.-Tn each judicial circuit a
public defender shall be elected for a term of four years. He
shall perform duties prescribed by general law. A public de-
fender shall be an elector of the state and reside in the terri-
torial jurisdiction of the circuit. He shall have been a member
of the bar of Florida for the preceding five years. He shall
devote full time to his duties and he shall not engage in the
private practice of law. Public defenders shall appoint such
assistant public defenders as may be authorized by law. The
salaries of public defenders and assistant public defenders shall
be fixed by general law.
Section 19. Schedule.-
(a) This article shall replace all of Article V of the Constitu-
tion of 1885, as amended, that shall then stand repealed.
(b) Except to the extent inconsistent with the provisions of
this article, all provisions of law and rules of court in force on
the effective date of this article shall continue in effect until
superseded in the manner authorized by the constitution.
(c) After this article becomes effective, and until changed
by general law consistent with this article:
(1) To the extent authorized by this article, the supreme
court shall have the jurisdiction immediately theretofore exer-
cised by it, except it shall determine all proceedings pending
before it on the effective date of this article;
(2) There shall be appellate districts that shall be the ap-
pellate districts in existence on the date of adoption of this arti-
cle. There shall be a district court of appeal in each district.
To the extent authorized by this article, the district courts
of appeal shall have the jurisdiction immediately theretofore
exercised by the district courts of appeal except they shall de-
termine all proceedings pending before them on the effective
date of this article.
(3) Circuit courts shall have jurisdiction of appeals from
county courts involving violations of municipal or county ordi-
nances, except those appeals which may be taken directly to the
supreme court; and they shall have exclusive jurisdiction in all
actions at law not cognizable by the county court; of proceed-
ings relating to the settlement of the estate of decedents and
minors, the granting of letters testamentary, guardianship, in-
voluntary hospitalization, the determination of incompetency,
and other jurisdiction usually pertaining to courts of probate; in
all cases in equity including all cases relating to juveniles; of
all felonies and of all misdemeanors arising out of the same
circumstances as a felony which is also charged; in all cases
involving legality of any tax assessment, or toll; in the action
of ejectment; and in all actions involving the titles or boundaries
or right of possession of real property. The circuit court may
issue injunctions. There shall be judicial circuits which shall
be the judicial circuits in existence on the date of the adoption
of this article.
(4) County courts shall have original jurisdiction in all
criminal misdemeanor cases not cognizable by the circuit court,
of all violations of municipal and county ordinances, and of all
actions at law in which the matter in controversy does not

exceed the sum of two thousand five hundred dollars ($2,500.00)
exclusive of interest and costs, except those within the exclusive
jurisdiction of the circuit court. Judges of county courts shall be

December 2, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

committing magistrates. The county court shall have jurisdic-
tion now exercised by the county judge's court other than that
vested in the circuit court by subsection (c) (3) hereof, the
jurisdiction now exercised by the county court, the claims court,
the small claims court, the small claims magistrates court, the
magistrates court of Brevard county, the magistrates court of
Hillsborough county, justice of the peace courts, municipal
courts and courts of chartered counties, including but not lim-
ited to the counties referred to in Article VIII, sections nine,
ten, eleven and twenty four of the Constitution of 1885.
(5) Each judicial nominating commission shall be com-
posed of the following:
a. Three members of the bar of Florida elected, pursuant
to rules promulgated by the supreme court, by the members of
the bar of the state residing in the geographic area served by
a court or circuit, to serve as members of the commission for
that court or circuit;
b. Three electors who reside in the territorial jurisdiction
of the court or circuit appointed by the governor;
c. Three electors who reside in the territorial jurisdiction
of the court or circuit and who are not members of the bar of
Florida, selected and appointed by a majority vote of the other
six members of the commission,
No justice or judge shall be a member of a judicial nominat-
ing commission. A member of a judicial nominating commission
may hold public office other than judicial office. No member
shall be eligible for appointment to state judicial office so long
as he is a member of a judicial nominating commission and for
a period of two years thereafter. All acts of a judicial nominat-
ing commission shall be made with a concurrence of a majority
of its members.
(6) The members of a judicial nominating commission shall
serve for a term of four years except the terms of the initial
members of the judicial nominating commissions shall expire
as follows:
a. The terms of one member of category (a) (b) and
(c) in subsection (c) (5) hereof shall expire on July 1, 1974;
b. The terms of one member of category (a) (b) and
(c) in subsection (c) (5) hereof shall expire on July 1, 1975;
c. The terms of one member of category (a) (b) and
(c) hereof shall expire on July 1, 1976;
(7) All fines and forfeitures arising from offenses tried
in the county court shall be collected, and accounted for by
clerk of the court, and deposited in a special trust account. Two-
thirds of all fines and forfeitures received from violations of
county ordinances committed within a county and municipal
ordinances committed within a municipality within the terri-
torial jurisdiction of the county court shall be paid monthly to
the county or municipality respectively. The remaining one-third
of the fines and forfeitures shall be paid into the general
revenue fund of the state of Florida. If any costs are assessed
and collected in connection with offenses tried in county court,
all court costs shall be paid into the general revenue fund of the
state of Florida.
(8) Any municipality or county may apply to the chief
judge of the circuit in which that municipality or county is
situated for permission for the county court to sit in a location
suitable to the municipality or county and convenient in time
and place to its citizens and police officers. Upon determination
that it would be in the best interest of the citizens of the county
for the county court to sit in a location, the chief judge may
direct the court to sit in the location. If the chief judge does
not authorize the county court to sit in the location requested,
the county or municipality may apply to the supreme court
for an order directing the county court to sit in the location.
Any municipality or county which so applies shall be required
to provide the appropriate physical facilities in which the
county court may hold court.
(9) All courts except the supreme court may sit in divi-
sions as may be established by local rule approved by the
supreme court.
(10) A county court judge in any county having a popula-
tion of 40,000 or less according to the last decennial census,
shall not be required to be a member of the bar of Florida.

(11) Municipal prosecutors may prosecute violations of mu-
nicipal ordinances.

(d) When this article becomes effective:
(1) All courts not herein authorized, except as provided by
subsection (d) (3) of this section shall cease to exist and
jurisdiction to conclude all pending cases and enforce all prior
orders and judgments shall vest in the court that would ha e
jurisdiction of the cause if thereafter institute. All records
of and property held by courts abolished hereby shall be trans-
ferred to the proper office of the appropriate court under this
article.
(2) Judges of the following courts whose term does not ex-
pire in 1973, if eligible un'er (d) (7) hereof, shall become
additional judges of the circuit court for each of the counties
of their respective circuits, and shall serve as such circuit
judges for the remainder of the terms to which they were
elected and shall be eligible for election as circuit judpees there-
after. These courts are: civil court of record of Dade county,
all criminal courts of record, the felony courts of record of
Alachua, Leon and Volusia counties, the courts of record of
Broward, Brevard, Escambia, Hillsborough, Lee, Manatee and
Sarasota, and county judge's courts and separate juvenile courts
in counties having a population in excess of 100,000 according
to the 1970 federal census. On the effective date of this article,
there shall be an additional number of positions of circuit
judges equal to the number of existing circuit judges and the
number of judges of the above named courts whose term
expires in 1973. Elections to such offices shall take place at
the same time and manner as elections to other state judicial
offices in 1972 and the terms of such offices shall be for a
term of six years. Unless changed pursuant to section nine
of this article, the number of circuit judges presently existing
and created by this subsection shall not be changed.
(3) Municipal courts and justice of the peace courts shall
continue with their same jurisdiction until amended or terminat-
ed in a manner prescribed by special or general law or, in the
case of municipal courts by the municipality, or until January
4, 1977, whichever occurs first. On that date all municipal
courts and justice of the neace courts not previously abolished
shall cease to exist. Judges of municipal courts and justices
of the peace shall remain in office and be subject to reappoint-
ment or reelection in the manner prescribed by law until said
courts are terminated pursuant to the provisions of this sub-
section. Upon municipal courts and justice of the peace courts
being terminated or abolished in accordance with the provisions
of this subsection, the judges thereof who are not members of
the bar of Florida and who were required by law or ordinance
as of July 1, 1971, to devote full time to their judicial duties,
shall be eligible to seek election as judges of county courts
of their respective counties.
(4) Judges holding elective office in all other courts abol-
ished by this article whose terms do not expire in 1973, shall
serve as judges of the county court for the remainder of the
term to which they were elected. Unless created pursuant to
section nine, such judicial office shall not continue to exist
thereafter. Any such judge who is not required to devote full
time to his judicial duties shall not be required to do so after
the effective date of this article, unless otherwise provided by
law.
(5) By March 21, 1972, the supreme court shall recommend
to the legislature the creation of additional circuit and county
court judges. The legislature in the 1972 regular session shall
by general law create additional offices of judge, the terms of
which shall begin on the effective date of this article. Elections
to such offices shall take place at the same time and manner
as election to other state judicial offices in 1972.
(6) County judges of existing county judge's courts who
are not members of the bar of Florida shall be eligible to seek
election as county court judges of their respective counties in
the 1972 election.
(7) No judge of a court abolished by this article shall be-
come or be eligible to become a judge of the circuit court
unless he has been a member of the bar of Florida for the
preceding five years.
(8) The office of judges of all other courts abolished by
this article shall be abolished as of the effective date of this
article except as provided in subsection (d) (3) hereof.

(9) The clerk of the circuit court shall continue to serve
as clerk of the circuit court and shall also assume the duties
of clerk of the county court. The office of all other clerks of
court shall stand abolished.

December 2, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(10) Clerks of courts abolished by this article, having
countywide territorial jurisdiction, shall become deputy clerks
of the circuit court of their respective counties and shall serve
as such for the remainder of the terms for which they were
elected or appointed at a rate of compensation not less than
that received immediately before the effective date of this
article, any provision of any civil service law or regulation to
the contrary notwithstanding. The clerks of all other courts
abolished by this article shall have no further powers and duties
and shall cease to hold office.
(11) The offices of county solicitor and prosecuting at-
torney shall stand abolished, and all county solicitors and
prosecuting attorneys holding such offices upon the effective
date of this article shall become and serve as assistant state
attorneys for the circuits in which their counties are situate
for the remainder of their terms, with compensation not less
than that received immediately before the effective date of this
article.
(e) Limited operation of some provisions.-
(1) All justices of the supreme court, judges of the dis-
trict courts of anneal and circuit judges in office upon the ef-
fective date of this article shall retain their offices for the
remnaindor of their respective terms. All members of the judi-
cial qualifications commission in office upon the effective date
of this article shall retain their offices for the remainder of
their respective terms. Each state attorney in office on the
effective date of this article shall retain his office for the
remainder of his term.
(2) No justice or judge holding office immediately after
this article becomes effective who held judicial offinn on Julv 1,
1957, shall be subject to retirement from judicial office because
of age pursuant to section 8 of this article.
(f) Until otherwise provided by law, the nonjudicial duties
required of county judges shall be performed by the judges of
the county court.
(g) All provisions of Article V of the Constitution of 1885,
as amended, not embraced herein which are not inconsistent
with this revision shall become statutes subject to modification
or repeal as are other statutes.
(h) The requirements of section 14 relative to all county
court judges, or any judge of a municipal court or justice of
the peace who continues to hold office pursuant to subsection
(d) (3) hereof being compensated by state salaries shall not
apply nrior to January 4, 1977, unless otherwise provided by
general law.
(i) Deletion of obsolete schedule items.-The legislature shall
have power, by concurrent resolution, to delete from this arti-
cle any subsection of this section 19, including this subsection,
when all events to which the subsection to be deleted is or
could become applicable have occurred. A legislative determina-
tion of fact made as a basis for application of this subsection
shall be subject to judicial review.
(j) Effective date.-Unless otherwise provided herein, this
article shall become effective at 11:59 o'clock P.M., Eastern
Standard Time, January 1, 1973.
Mr. D'Alemberte moved the adoption of the amendment,
which was adopted.

Representative Savage offered the following amendment:
Amendment 2-On page 1, line 26, strike "following county
lines"
Mr. Savage moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-34

Mr. Speaker
Baumgartner
Blackburn
Brown
Chapman
Clark, J. R.
Craig
Crane
Earle

Featherstone
Fleece
Gallen
Glisson
Grizzle
Hector
Hollingsworth
Kennelly
Lancaster

Lane
Matthews, H.
McDonald
Mooney
Murphy
Nergard
Rish
Robinson, A. S.
Savage

Smith
Sykes
Tillman
Tubbs
Whitson
Wilson
Wolfson

Nays-43
Baker
Birchfield
Carlucci
Cherry
Clark, David
Crabtree
D'Alemberte
Dixon
Dubbin
Elmore
Firestone

Fortune
Gibson
Gorman
Grainger
Gustafson
Harris
Hazelton
Hodes
Johnson
Kershaw
MacKay

Martinez
Mattox
Melvin
Moudry
Ogden
Poorbaugh
Powell
Redman
Reeves
Renick
Sessums

Sims
Singleton
Spicola
Sweeny
Tittle
Tobiassen
Tucker
Turlington
Winn
Woodward

Representatives Miers, Mixson, and Tyrrell were recorded as
voting Nay.

Representatives Savage, Fleece, Whitson, Williamson, Grizzle,
and Gustafson offered the following amendment:
Amendment 3-On page 1, lines 22 through 24, strike "appeal,
circuit courts and county courts. No other courts may be estab-
lished by the state, any political subdivision or any munici-
pality." and insert the following: appeal, circuit courts, county
courts and such other courts as authorized by general law.

Mr. Savage moved the adoption of the
failed of adoption. The vote was:

Yeas-34
Caldwell
Clark, David
Crane
Dixon
Earle
Elmore
Fleece
Fortune
Gallen

Nays-66
Mr. Speaker
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Dubbin

Gibson
Glisson
Grizzle
Gustafson
Hollingsworth
Kennelly
Lancaster
Matthews, H.
Mattox

Featherstone
Firestone
Fulford
Gautier
Gillespie
Gorman
Grainger
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Holloway
Johnson
Jones
Kershaw

Representative Featherstone
ment:

McDonald
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Savage

Lane
MacKay
Martinez
Melvin
Milburn
Mixson
Powell
Randell
Redman
Renick
Rish
Robinson, J.
Ryals
Santora
Sessums
Shreve
Singleton

amendment, which

Sims
Smith
Thomas
Tillman
Whitson
Williamson
Wilson

Spicola
Sweeny
Sykes
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Whitworth
W. Winn
Wolfson
Woodward
Yancey

offered the following amend-

Amendment 4-On page 1, strike all of lines 26 through 28
and insert the following: and judicial circuits following county
lines. Commissions established by law or administrative offi-
cers or bodies may be granted quasi-judicial power in
Mr. Featherstone moved the adoption of the amendment,
which was adopted.

Representative Whitson offered the following amendment:
Amendment 5-On page 1, line 30, strike the period and
insert the following: which shall provide for ultimate review by
a court.
Mr. Whitson moved the adoption of the amendment, which
was adopted.

Representative Savage offered the following amendment:
Amendment 6-On page 2, lines 11 through 13, strike
"These rules may be changed by general law enacted by two-

32

December 2, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

thirds vote of the membership of each house of the legislature."
and insert the following: Such rules as adopted by the supreme
court shall be filed with both houses of the legislature and
the same shall become effective after the next special or regu-
lar session of the legislature unless rejected by a two-thirds
vote of the members of each house of the legislature.
Mr. Savage moved the adoption of the amendment, which
failed of adoption.

Representative Whitson offered the following amendment:
Amendment 7-On page 2, line 11, after "law" insert the fol-
lowing: limited to the sole purpose of revising said rules,
Mr. Whitson moved the adoption of the amendment, which
was adopted.

Representatives Tubbs and Shreve offered the following
amendment:
Amendment 8-On page 2, lines 11-13, strike everything after
the period following "sought"
Dr. Tubbs moved the adoption of the amendment, which failed
of adoption.

Representative Wilson offered the following amendment:
Amendment 9-On page 2, line 27, after "circuit judges" in-
sert "and county judges"
Mr. Wilson moved the adoption of the amendment. Pending
consideration thereof, without objection, the amendment was
withdrawn.

Representative Birchfield offered the following amendment:
Amendment 10-On page 4, strike line 8 and insert the follow-
ing: of direct review of administrative action if prescribed
Mr. Birchfield moved the adoption of the amendment. Pending
consideration thereof, the amendment was temporarily deferred.

Representative Birchfield offered the following amendment:
Amendment 11-On page 6, strike line 19 and insert the fol-
lowing: law. Every county shall have at least one judge of its
county court who is a resident of such county.
Mr. Birchfield moved the adoption of the amendment, which
was adopted.

Representative Tubbs offered the following amendment:
Amendment 12-On page 7, lines 8 and 9, strike "Unless
otherwise provided by general law," and capitalize "a"
Dr. Tubbs moved the adoption of the amendment, which failed
of adoption.

MR. DUBBIN IN THE CHAIR

Representative Whitson offered the following amendment:
Amendment 13-On page 8, strike entire Section 11 and re-
number succeeding sections accordingly.

THE SPEAKER IN THE CHAIR
Mr. Whitson moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-35
Clark, David
Crane
Earle
Fleece
Gibson
Glisson
Gorman
Grizzle
Gustafson

Martinez
McDonald
Miers
Mixson
Mooney
Moudry
Murphy
Poole
Poorbaugh

Powell Trombetta
Robinson, J. W. Tubbs
Savage Tucker
Sims Tyrrell
Smith Whitson
Sweeny Williamson
Sykes Wilson
Thomas Zinkil
Tillman

Nays-48
Mr. Speaker D'Alemberte Hodes
Baker Dixon Johnson
Birchfield Dubbin Kennelly
Blackburn Forbes Kershaw
Burke Fortune Lane
Caldwell Gallen MacKay
Carlucci Gillespie Melvin
Chapman Grainger Milburn
Cherry Hartnett Randell
Conway Hazelton Redman
Crabtree Hector Reeves
Culbreath Hess Renick
Representatives Baumgartner, Elmore,
were recorded as voting Nay.

Santora
Sessums
Shreve
Singleton
Spicola
Tittle
Tobiassen
Walker
Whitworth
Winn
Wolfson
Yancey
and Featherstone

Representative Tittle offered the following amendment:
Amendment 14-On page 7, strike lines 16 through 24 and
insert the following: article. The reduction of the number of
judges shall be effective only at the expiration of a term of
office.
Mr. Tittle moved the adoption of the amendment. Pending
consideration thereof-

Representative D'Alemberte offered the following substitute
amendment:
Substitute Amendment 14-On page 7, line 19, strike "uni-
form"
Mr. D'Alemberte moved the adoption of the substitute amend-
ment, which failed of adoption.

The question recurred on the adoption of Amendment 14,
which was adopted. The vote was:

Yeas-56
Blackburn
Burke
Chapman
Clark, David
Crane
Culbreath
Dixon
Elmore
Featherstone
Fleece
Fortune
Gibson
Glisson
Grizzle

Nays-38
Mr. Speaker
Baker
Baumgartner
Birchfield
Carlucci
Cherry
Conway
Crabtree
D'Alemberte
Dubbin

Gustafson
Hazelton
Hess
Hoilingsworth
Holloway
Jones
Kershaw
Lancaster
Libertore
Mattox
McDonald
Melvin
Mixson
Mooney

Earle
Firestone
Forbes
Gautier
Gillespie
Gorman
Grainger
Harris
Hartnett
Hector

Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Rish
Robinson, A. S.
Robinson, J. W.
Savage
Sessums
Sims
Spicola
Stevens

Johnson
Lane
MacKay
Martinez
Matthews, H.
Miers
Milburn
Powell
Redman
Renick

Sykes
Thomas
Tillman
Tittle
Tobiassen
Tubbs
Tucker
Tyrrell
Walker
Whitson
Williamson
Wilson
Winn
Zinkil

Santora
Singleton
Sweeny
Trombetta
Whitworth
Wolfson
Woodward
Yancey

Representative Whitson offered the following amendment:
Amendment 15-On page 9, line 7, strike "Three" and insert
the following: Eight
Mr. Whitson moved the adoption of the amendment, which
was adopted. The vote was:

Yeas-56
Blackburn
Burke
Caldwell
Carlucci
Chal man
Clark, David
Conway

Crane
Culbreath
Dixon
Earle
Elmore
Fleece
Forbes

Fortune
Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson

Hazelton
Hess
Hollingsworth
Kennelly
Lancaster
Libertore
Matthews, H.

December 2, 1971

33

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mattox
McDonald
Melvin
Miers
Mixson
Mooney
Moudry

Nays-37
Mr. Speaker
Baker
Baumgartner
Birchfield
Brown
Cherry
Crabtree
D'Alemberte
Dubbin
Featherstone

Nease
Nergard
Poole
Powell
Rish
Robinson, A. S.
Robinson, J. W.

Firestone
Gallen
Gillespie
Harris
Hartnett
Hector
Hodes
Johnson
Kershaw
Lane

Savage
Sims
Sykes
Thomas
Tillman
Tobiassen
Tubbs

MacKay
Milburn
Redman
Renick
Santora
Sessums
Shreve
Singleton
Spicola
Stevens

Representative Carlucci changed his vote from Yea to Nay
and Representative Jones was recorded as voting Yea.
Representative Wilson offered the following amendment:
Amendment 16-On page 10, line 3, strike "private" and insert
the following: public
Mr. Wilson moved the adoption of the amendment. Pending
consideration thereof-
Representative D'Alemberte offered the following substitute
amendment:
Substitute Amendment 16-On page 10, line 3, strike "private"
and insert the following: private or public
Mr. D'Alemberte moved the adoption of the substitute amend-
ment. Pending consideration thereof-
Mr. Dubbin moved that the House adjourn upon completion
of Introduction and Reference to reconvene at 10:00 a.m. tomor-
row, which was agreed to.

Introduction and Reference

By the Committee on Finance & Taxation-
HJR 36-D-A joint resolution proposing an amendment to the
constitution of the state of Florida; amending section 9 of
Article VII, relating to local taxes; providing certain limita-
tions thereon.
-was placed in the Committee on Rules & Calendar.

By Representatives Johnson, Crabtree, and Tillman-
HB 37-D-A bill to be entitled An act relating to Sarasota
County; providing for the establishment of a special lighting
district to be known as Warm Mineral Springs Lighting Dis-
trict, No. 1, amending Chapter 70-929, Laws of Florida, by
changing the described area of said district so as to provide
for the inclusion of the below described parcels of real estate,
which are adjoining and contiguous to the present boundaries
of the Warm Mineral Springs Lighting District, No. 1
-was placed in the Committee on Rules & Calendar.

By Representatives Tillman and J. W. Robinson-
HB 38-D-A bill to be entitled An act relating to local law
enforcement officers, minimum foundation program financing;
adding subsections (4), (5), (6), and (7) to 3 of chapter 70-200,
Laws of Florida, appearing as 163.552, Florida Statutes, 1970
Supplement, to provide additional definitions; creating 163.5531,
Florida Statutes, to provide a new method of financing and for
new requirements for eligibility and participation; providing for
certain educational criteria to be met to qualify for participa-
tion; requiring for qualification under basic certification for
those previously qualified under the provisions of 23.075,
Florida Statutes, as prerequisite to rights under this act; re-
stricting participation to law enforcement officers earning six
thousand dollars ($6,000) or more annually; providing for loss
of lump sum amounts when a law enforcement officer strikes,
walks off, or otherwise violates the "no-strike" provision of the
constitution or the laws of Florida; providing for restrictions
on local units to prevent circumventing any local units present

Tucker
Tyrrell
Walker
Whitson
Wilson
Winn
Zinkil

Sweeny
Tittle
Trombetta
Whitworth
Wolfson
Woodward
Yancey

Pursuant to the motion previously adopted, the House ad-
journed at 5:18 p.m. to reconvene at 10:00 a.m. tomorrow.

or currently planned normal pay increases; repealing 4, 5, 6,
and 7 of chapter 70-200, Laws of Florida, appearing respectively
as 163.553, 163.554, 163.555, and 163.556, all Florida Statutes,
1970 Supplement, relating to minimum foundation program for
law enforcement officers; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By Representatives Hodes and Tubbs-
HB 39-D-A bill to be entitled An act relating to supple-
mental payments for medical care; providing for skilled nursing
homes and intermediate care facilities to receive supplementary
payment for services rendered; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By Representatives Hodes and Tubbs-
HB 40-D-A bill to be entitled An act relating to the depart-
ment of health and rehabilitative services, division of family
services, making a supplemental appropriation; providing ad-
ditional moneys for the remainder of the 1971-72 fiscal year, to
pay cost of certain medical care programs; repeals section 17
of chapter 71-357, Laws of Florida, relating to county participa-
tion; providing an effective date.
-was placed in the Committee on Rules & Calendar.
By Representative Martinez-
HB 41-D-A bill to be entitled An act relating to the non-
partisan election of certain justices and judges; amending 2
of chapter 71-49, Laws of Florida, to provide that the first
and second nonpartisan elections shall be held at the time of
the second primary election and the general election, respec-
tively; providing an effective date.
-was placed in the Committee on Rules & Calendar.
By Representatives MacKay, Turlington, Andrews, Reed, and
Gustafson-
HJR 42-D-A Joint Resolution amending Article VII of the
Constitution of the State of Florida by adding a new Section 15
thereto; permitting the issuance, when authorized by law, of
revenue bonds to establish a fund to make loans to students
admitted to attend public or private institutions of higher learn-
ing, junior colleges, or health related training institutions, or
public vocational training centers; providing that such revenue
bonds shall be secured by a pledge of and shall be payable
primarily from payments of interest, principal, and handling
charges to such fund from the recipients of the loans and, if
authorized by law, may be additionally secured by student fees
and by any other moneys in such fund; providing for the estab-
lishment of a reserve account from the proceeds of the revenue
bonds sufficient to pay the debt service requirements in any
ensuing state fiscal year; and, providing that moneys in such
fund not needed for debt service or maintenance of the reserve
account may be used for educational grants or other related
purposes as provided by law.
-was placed in the Committee on Rules & Calendar.

Reports of Standing Committees

The Committee on Appropriations recommends the following
pass: HB 8-D, with amendments (fiscal note attached)
The bill was placed on the Rules Calendar.
The Committee on Appropriations recommends a committee
substitute for the following:
HB 7-D (fiscal note attached)
The bill with committee substitute was placed on the Rules
Calendar.
The Committee on Finance & Taxation recommends the fol-
lowing pass:
HB 2-D, with amendments
The bill was referred to the Committee on Appropriations.

Adjournment

December 2, 1971

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Friday, December 3, 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
Carlucci
Chapman
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes
Fortune

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

McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Poole
Powell
Randell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
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
Wolfson
Woodward
Yancey
Zinkil

Excused: Representatives Caldwell, Cherry, Dick Clark,
D'Alemberte, Danahy, Fulford, Hartnett, Hodes, C. Matthews,
Poorbaugh, Reed, Ryals, and Winn. Representative Redman was
excused at 12:00 Noon.

A quorum was present.

Communication from the Governor

The following communication was read:

Honorable Richard Pettigrew
Speaker, House of Representatives
The Capitol
Tallahassee, Florida

December 3, 1971

Dear Mr. Speaker:
It has come to my attention that a question has been raised
concerning the interpretation of Subsection 2 (m) of the Proc-
lamation dated November 24, 1971, as amended. The purpose of
this letter is to clarify my intention with regard to that sub-
section.
By the use of the word "repeal" in that subsection, I did not
intend to exclude from the call of the Special Session, legislation
relating to the amendment of the Florida law relating to the
ad valorem tax exemption of property leased from government-
al units by non-governmental lessees. It is my request, therefore,
that subsection 2 (m) be interpreted as if it read: "legisla-
tion relating to (m) Repeal or amendment of ad valorem
tax exemption of property leased from governmental units by
non-governmental lessees."

Sincerely,
REUBIN ASKEW
Governor

Messages from the Senate
The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 3, 1971

Sir:
I am directed to inform the House of Representatives that the
Senate has passed-HB 29-D

Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

Prayer by Representative Robert C. Milburn:

Our Heavenly Father, we read in Thy Word: "My breth-
ren, be not many leaders, knowing we shall receive heavier
judgment." May our deliberations in these momentous days
reflect Thy perfection. In Jesus' Name, and for God's glory,
Amen.

The Journal

The bill, contained in the above message, was ordered enrolled.

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives
Sir:

December 2, 1971

The Journal of December 2 was approved.

Record Vote

Representative Renick was given permission to be recorded
as voting Yea on the adoption of Substitute Amendment 4, as
amended, to CS for HB 16-D on November 30.
35

Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Friday, Decem-
ber 3, 1971, the consideration of the following bills:
HB 30-D-Repeals Articles III & IV of the Multistate Tax
Compact
HB 8-D--Junkyard control law

Prayer

Vi E S r
41^/^

< INA ^^

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CS for HB 7-D-Outdoor advertising act

A quorum of the Committee was present in person, and a
majority of those 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.

Consideration of the Special Order

Consideration of HB 30-D was temporarily deferred.

HB 8-D-A bill to be entitled An act relating to the control
of junkyards or scrap metal processing facilities adjacent to
public highways; providing definitions; prohibiting the opera-
tion of junkyards or scrap metal processing facilities within one
thousand (1,000) feet of the right-of-way, unless screened from
public view; providing exceptions; providing for requirements
for fences; providing the department of transportation shall
have powers of eminent domain over certain lands; providing
for enforcement by the department; providing a penalty; re-
pealing 861.13, 861.14, 861.15, 861.16, 861.17, and 861.18, Flor-
ida Statutes, and chapter 71-338, Laws of Florida, relating to
control of junkyards and scrap metal processing plants adjacent
to public highways; providing an effective date.
-was taken up and read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 2, strike all of lines 3 through 7,
"all of lines 13 through 23. Renumber subsection "(2)" to sub-
section "(1)" and after line 23 insert "(2) "Junk, junkyard
and scrap metal processing facility" shall mean the same as
described in section 205.371 (1) (a) (b) (e), Florida Statutes."
Renumber subsequent sections
Mr. Harris moved the adoption of the amendment, which was
adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 2-On page 5, lines 26, 27, and 28, strike "deemed
guilty of a misdemeanor and, upon conviction thereof, shall be
fined" and insert the following: subject to fine of
Mr. Yancey moved the adoption of the amendment, which was
adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 3-On page 5, strike all of lines 16 through 19
and renumber subsequent sections.
Mr. Harris moved the adoption of the amendment, which was
adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 4-On page 4, line 15, after the word "required"
insert: under this act
Mr. Harris moved the adoption of the amendment, which was
adopted.

On motion by Mr. Hess, the rules were waived and HB 8-D,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-97
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Clark, David
Clark, J. R.
Conway
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes

Fortune
Gallen
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Harris
Hess
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Matthews, H.
Mattox
McDonald
Melvin

Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Poole
Powell
Randell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Sackett
Santora
Savage
Sessums
Shreve
Sims
Singleton
Smith

Spicola
Stevens
Sweeny
Sykes
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Wolfson
Woodward
Yancey
Zinkil

Nays-None

Representatives Crabtree, Gautier, Gustafson, Hector, Marti-
nez, and Shaw were recorded as voting Yea.

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

Presentation of Former Member
Representative Lancaster presented The Honorable Leon N.
McDonald, Sr., former Member of the House from Live Oak.

HB 7-D was taken up, together with:
CS for HB 7-D-A bill to be entitled An act relating to out-
door advertising; amending 479.01, Florida Statutes, relating
to definitions; amending 479.02, Florida Statutes, pertaining to
enforcement of provisions by the department of transportation;
creating 479.025, Florida Statutes, providing for execution of
agreement and for a construction moratorium; amending 479.-
03, Florida Statutes, relating to territory to which act applies;
amending 479.11(1), Florida Statutes, prohibiting the erection
of outdoor signs in certain areas; creating 479.111, Florida
Statutes, permitting certain advertising signs; amending 479.-
16(12), Florida Statutes, excepting certain advertisements;
creating 479.23, Florida Statutes, providing for removal of
signs; creating 479.24, Florida Statutes, providing for compen-
sation for removal of signs and use of power of eminent domain;
providing an effective date.
-which was read the first time by title and HB 7-D was laid
on the table.

On motion by Mr. Stevens, the rules were waived and CS for
HB 7-D was read the second time by title.

Representative Sykes offered the following amendment:
Amendment 1-On page 7, line 30, insert the following:
(3) Signs in the specific interest of the traveling public.
Those being food, lodging, camping, vehicle service and attrac-
tions subject to the following regulations:
(a) Size shall not exceed 1,200 square feet.
(b) Spacing shall be 1,000 feet on interstate and 500 feet
on primary on the same side of the highway facing the
same direction.
(c) Lighting-subject to agreement established by section
479.02, Florida Statutes.
Mr. Sykes moved the adoption of the amendment. Pending
consideration thereof-

Representative Dubbin offered the following amendment to the
amendment:

36

December 3, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Amendment to Amendment 1-Insert a new line to read: ex-
cept as otherwise provided in the agreement entered into by the
Governor and Department as referred to in 479.02.
Mr. Dubbin moved the adoption of the amendment to the
amendment.

Pending consideration thereof, further consideration of
Amendment 1 and the amendment to Amendment 1 was tempo-
rarily deferred. Subsequently, Amendment 1 and the amend-
ment to Amendment 1 were withdrawn.

Representative Grizzle offered the following amendment:
Amendment 2-On page 12, strike all of line 10 and insert
the following: and 74. Any other provision of the Florida Stat-
utes notwithstanding, attorneys' fees shall not be provided for
by this act.
Mrs. Grizzle moved the adoption of the amendment, which
failed of adoption.

Representatives Sykes, Holloway, Dubbin, Harris, and Yancey
offered the following amendment:
Amendment 3-On page 5, line 26, after the word "areas",
strike the period and insert the following: and to regulate signs
relating to food, lodging, camping, vehicle service and attrac-
tions subject to the following:
(1) Size shall not exceed 1,200 square feet.
(2) Spacing shall be 1,000 feet on interstate and 500 feet on
primary on the same side of the highway facing the same di-
rection.
(3) Lighting-subject to agreement established by section
479.02, Florida Statutes.
Mr. Sykes moved the adoption of the amendment, which was
adopted.

Representative Powell offered the following amendment:
Amendment 4-On page 6, line 20, strike the period and insert
the following: provided, however, nothing in this act shall be
construed to authorize the state, under the agreement authorized
by section 479.02 or otherwise, to regulate the construction,
placement or maintenance of signs in areas lying beyond 660
ft. from the nearest edge of the right of way of the interstate
system or the federal aid primary system.
Mr. Powell moved the adoption of the amendment, which
failed of adoption.

Representative Melvin offered the following amendment:
Amendment 5-On page 7, line 30, insert the following:
(3) The department, as authorized, may maintain a facility at
safety rest areas to deposit or display maps, pamphlets or
directories, or other materials approved by the department and
furnished by those interested advertisers whose businesses or
attractions are accessible from any interstate or primary high-
way; such information shall be available for public use; provid-
ing, however, every advertiser must compensate the department
a reasonable cost fee for such use.
Mr. Melvin moved the adoption of the amendment, which was
adopted.

Mr. Sims moved that CS for HB 7-D be committed to the
Committee on Finance & Taxation, which was not agreed to.

Representatives MacKay, Stevens, and Spicola offered the
following amendment:
Amendment 6-On page 12, after line 20, insert the follow-
ing: (5) It is presumed that any party erecting a sign after
July 1, 1971, did so with the knowledge of the existing federal
legislation and the pendency of this legislation. The measure
of damages on condemnation of any such sign shall be limited
to the depreciated value of the materials used in construction
of such signs.

Mr. MacKay moved the adoption of the amendment. Pending
consideration thereof-

MR. GAUTIER IN THE CHAIR

Representative Harris offered the following amendment to
the amendment:
Amendment 1 to Amendment 6-On page 1, line 5, strike
"depreciated" and insert the following: replacement
Mr. Harris moved the adoption of the amendment to the
amendment, which was adopted.

Representative Dubbin offered the following amendment to
the amendment:
Amendment 2 to Amendment 6-On page 1, line 6, strike the
period and insert the following: together with the value of
a leasehold interest held by a lessee pursuant to a lease entered
into prior to July 1, 1971, in good faith, which lease extends
beyond the effective date of this act.

Mr. Dubbin moved the adoption of the amendment to the
amendment, which failed of adoption. The vote was:

Yeas-27

The Chair
Clark, J. R.
Craig
Dubbin
Elmore
Featherstone
Fortune

Nays-55
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Carlucci
Clark, David
Crabtree
Crane
Culbreath
Dixon
Earle

Gillespie
Glisson
Gustafson
Holloway
Libertore
Mattox
Melvin

Firestone
Forbes
Gallen
Gibson
Gorman
Grainger
Grizzle
Harllee
Hazelton
Hector
Hess
Johnson
Jones
Kershaw

Miers
Murphy
Powell
Randell
Sackett
Santora
Smith

Sweeny
Sykes
Tucker
Whitson
Yancey
Zinkil

Lane Sessums
MacKay Shreve
Martinez Sims
McDonald Singleton
Mooney Spicola
Moudry Stevens
Nease Tillman
Nergard Tittle
Ogden Trombetta
Redman Tyrrell
Renick Westberry
Robinson, A. S. Whitworth
Robinson, J. W. Wilson
Savage

Representatives Hollingsworth and Tobiassen were recorded
as voting Nay.

The question recurred on the adoption of Amendment 6, as
amended, which was adopted.

Representatives Stevens, MacKay, and Spicola offered the
following amendment:
Amendment 7-On page 12, strike all of line 7 and insert the
following: come nonconforming. Compensation for any sign
erected or completed after the effective date of this act shall
be limited to the actual replacement value of the materials in
such sign. It is the legislative intent that any person erecting
or completing such a sign after the effective date of this act,
shall be fully compensated by the method herein provided.
Mr. MacKay moved the adoption of the amendment.

Pending consideration thereof, Mr. Smith moved that CS for
HB 7-D be committed to the Committee on Transportation. Mr.
Crabtree moved the previous question on the motion to commit,
which was agreed to.

THE SPEAKER IN THE CHAIR

The question recurred on the motion to commit CS for HB
7-D to the Committee on Transportation, which was not agreed
to by two-thirds vote.

The question recurred on the adoption of Amendment 7, which
was adopted,

December 3, 1971

37

JOURNAL OF THE HOUSE

Representative Sykes offered the following amendment:
Amendment 8-On page 12, line 21, strike all of Section 10
and renumber Section 11.
Mr. Sykes moved the adoption of the amendment.

Pending consideration thereof, on motion by Mr. Harris, the
amendment was laid on the table.

On motion by Mr. Stevens, the rules were waived and CS for
HB 7-D, as amended, was read the third time by title. On
passage, the vote was:

Yeas-98
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Clark, David
Conway
Crabtree
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes
Nays-None

Fortune
Gallen
Gautier
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez

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

Shreve
Sims
Singleton
Spicola
Stevens
Sweeny
Sykes
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Westberry
Whitson
Whitworth
Williamson
Wilson
Woodward
Yancey
Zinkil

Representatives J. R. Clark, J. W. Robinson, Shaw, Thomas,
and Walker were recorded as voting Yea.

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

Abstain from Voting
I abstain from voting on CS for HB 7-D on the basis of a
possible conflict of interest.
Representative Louis Wolfson II

Pair Votes
I am paired with Representative Caldwell. If he were present,
he would vote Yea and I would vote Nay on the passage of CS
for HB 7-D.
Representative Dave Smith

I am paired with Representative Hartnett. If he were present,
he would vote Yea and I would vote Nay on the passage of CS
for HB 7-D.
Representative William L. Gibson

Mr. Dubbin moved that the House adjourn upon completion of
Introduction and Reference to reconvene at 1:00 p.m., Monday,
December 6, which was agreed to.

Introduction and Reference

By Representatives Tillman and J. W. Robinson-
HB 38-D-A bill to be entitled An act relating to local law
enforcement officers, minimum foundation program financing;
adding subsections (4), (5), (6), and (7) to 3 of chapter 70-200,
Laws of Florida, appearing as 163.552, Florida Statutes, 1970

OF REPRESENTATIVES December 3, 1971

Supplement, to provide additional definitions; creating 163.5531,
Florida Statutes, to provide a new method of financing and for
new requirements for eligibility and participation; providing for
certain educational criteria to be met to qualify for participa-
tion; requiring for qualification under basic certification for
those previously qualified under the provisions of 23.075,
Florida Statutes, as prerequisite to rights under this act; re-
stricting participation to law enforcement officers earning six
thousand dollars ($6,000) or more annually; providing for loss
of lump sum amounts when a law enforcement officer strikes,
walks off, or otherwise violates the "no-strike" provision of the
constitution or the laws of Florida; providing for restrictions
on local units to prevent circumventing any local units present
or currently planned normal pay increases; repealing 4, 5, 6,
and 7 of chapter 70-200, Laws of Florida, appearing respectively
as 163.553, 163.554, 163.555, and 163.556, all Florida Statutes,
1970 Supplement, relating to minimum foundation program for
law enforcement officers; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations, the Speaker
having declared the measure to be within the purview of the
Governor's Call for this Special Session.

By the Committee on Appropriations-
HB 43-D-A bill to be entitled An act relating to board of
trustees of the internal improvement fund; amending sections
253.01, 253.02(1), 253.03(2), 253.031(4), and 253.45(1), Florida
Statutes; repealing sections 270.12, 270.13, 270.14, 270.22, and
270.23, Florida Statutes; providing an appropriation; providing
an effective date.
-was placed in the Committee on Rules & Calendar.

By the Committee on Appropriations-
HB 44-D-A bill to be entitled An act relating to the state
game trust fund; amending section 372.09, Florida Statutes, by
placing limitation on said trust fund; providing an effective
date.
-was placed in the Committee on Rules & Calendar.

By Representatives Mixson, Melvin, Woodward, H. W. Mat-
thews, Mooney, Sims, Shreve, J. W. Robinson, Winn, Whitworth,
Hess, Reeves, Brown, Tucker, Randell, Miers, Rish, Burke,
Chapman, Mattox, Craig, Tubbs, Glisson, Zinkil, Elmore, Lan-
caster, Shaw, Tillman, Trombetta, Harllee, Jones, Gorman, J. R.
Clark, Tyrrell, Santora, Gallen, Hazelton, Fortune, Hollings-
worth, Savage, Culbreath, Lane, and Tobiassen-
HB 45-D-A bill to be entitled An act relating to the division
of commercial development of the department of commerce;
providing for a supplemental appropriation to the division of
commercial development for the 1971-1972 fiscal year to provide
certain vital services to the rural, undeveloped, economically de-
pressed areas, and the underemployed metropolitan areas of the
state relative to selectively attracting compatible and environ-
mentally clean new industries to said areas; providing that a
certain amount of said appropriation shall be used by the bureau
of business development of said division for regional research
studies and reports while the balance of said appropriation
shall be used for travel, printing, telephone, and direct mail
expenses; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By the Committee on Education-
HJR 46-D-A Joint Resolution Amending Article VII of the
Constitution of the State of Florida by adding a new Section 15
thereto; permitting the issuance, when authorized by law, of
revenue bonds to establish a fund to make loans to students
admitted to attend public or private institutions of higher learn-
ing, junior colleges, or health related training institutions, or
public vocational training centers; providing that such revenue
bonds shall be secured by a pledge of and shall be payable

primarily from payments of interest, principal, and handling
charges to such fund from the recipients of the loans and, if
authorized by law, may be additionally secured by student fees
and by any other moneys in such fund; providing for the estab-
lishment of a reserve account from the proceeds of the revenue
bonds sufficient to pay the debt service requirements in any
ensuing state fiscal year; and, providing that moneys in such

December 3, 1971 JOURNAL OF THE HOUSE OF REPRESENTATIVES 39

fund not needed for debt service or maintenance of the reserve Engrossing Reports
account may be used for educational grants or other related
purposes as provided by law. December 3, 1971
-was placed in the Committee on Rules & Calendar. Your Engrossing Clerk reports amendments to-
HB 8-D CS for HB 7-D
Reports of Standing Committees -have been incorporated and the bills herewith returned.
Allen Morris, Clerk
S-and the bills were ordered immediately certified to the
The Committee on Appropriations recommends the following Senate.
pass:
HB 82-D (with fiscal note) Adjournment
HB 2-D (with fiscal note)
Pursuant to the motion previously adopted, the House ad-
journed at 12:15 p.m. to reconvene at 1:00 p.m., Monday,
The bills were placed on the Rules Calendar. December 6.

JOURNAL OF THE HOUSE OF REPRESENTATIVES
REGISTRATIONS UNDER RULE 13
From June 25, 1971, through December 3, 1971

December 3, 1971

Name & Address Entity Represented and Address Particular Legislation Involved

Aldrich, Harold E.
3101 N. Federal Hwy.
Ft. Lauderdale 33306 -

Andress, Brian R.
Rt. 5, Box 954
Lakeland 33801 ----

Baggett, Fred W.
Supreme Court Bldg.
Tallahassee 32304 --.---

Bentley, Chris H.
206 W. Madison St.
Tallahassee 32304 ----

Blalock, Felix A.
708 Voncile Ave.
Tallahassee 32303 -----

Burchnell, Thomas G.
2821 W. Pensacola St.
Tallahassee 32304 ---

Burks, Tillman C., Jr.
201 S. "F" Street
Pensacola 32501 -----

Burrell, Richard J.
1977 Farris Dr.
Decatur, Georgia 30032 -.

Clarkson, John A., III
1035 LaSalle Street
Jacksonville 32207 ----

Cooper, John C.
1636 Jackson Bluff Rd.
Apartment 153
Tallahassee 32304 ----

Cope, Gerald B., Jr.
311 S. Calhoun St.
Tallahassee 32304 -.

Corey, John E.
Rt. 4, Box 354
Tallahassee 32301 ..

Davis, Carl E.
1035 LaSalle Street
Jacksonville 32207 -.

City of Ft. Lauderdale
City Hall
Ft. Lauderdale -..- ...... ....--.

I.C.W.U. Local 573
Mulberry ----- ..- -------.- ..-... .

Florida Supreme Court
Office of the Chief Justice
Supreme Court Bldg.
Tallahassee -- .--.-------.-..-...---.

Board of Trustees of the Internal
Improvement Trust Fund
Elliot Building
Tallahassee -- -- ---------------

Self -.-.-- ---.-.--- ....--.----

Fla. Credit Union Services, Inc.
2821 W. Pensacola St.
Tallahassee ----------- ..----.----

N.W. Florida Chapter
Associated General Contractors, Inc.
201 S. "F" Street
Pensacola --..------- -------

Household Finance Corp.
Prudential Plaza
Chicago, Ill. 60601 --..-- ...-----------

Duval Teachers Assn.
1035 LaSalle Street
Jacksonville ----------------------

FSU Young Democrats
Box U-6624
Florida State University
Tallahassee ---------- -----.....--

Division of Youth Services
311 S. Calhoun Street
Tallahassee --------- -------

Viet-Nam Veterans Against
the War
Rt. 4, Box 354
Tallahassee ...--- -....... ......

Duval Teachers Assn.
1035 LaSalle Street
Jacksonville -... ... . ...

Legislation affecting the
City of Ft. Lauderdale

Labor at large

Judiciary

Public Lands; other
matters concerning the
BTIITF

General

All legislation relating
credit unions

Construction industry

Installment credit and
retail legislation

Education

Environmental pollution
control

Programs for youth

Veterans

Education

40

December 3, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

41

REGISTRATIONS UNDER RULE 13 (continued)

Name & Address Entity Represented and Address Particular Legislation Involved

Dee, Leslie
Box U-3089
Florida State University
Tallahassee 32306 ..........----

Fendrich, James M.
524 Bellamy
Florida State University
Tallahassee 32306 ...-------------

Ferras, Julian C.
1035 LaSalle Street
Jacksonville 32207 .-------------..

Ferris, Robert E.
25 S. Andrews Ave.
Ft. Lauderdale 33301 --..-------.

Fritts, Robert
1035 LaSalle Street
Jacksonville 32207 --.. ..........-----.

Gilstrap, Ralph M.
330 Biscayne Blvd.
Miami 33132 ..------ ...-----------

Hadley, Klara S.
Box 66
Florida A & M University
Tallahassee 32307 --------------

Haggins, James A.
P.O. Box 203
Bartow 33830 .-----. ---------

Halenda, Paul P.
P.O. Box 520
Boynton Beach 33435 ---------

Haynes, Robert V.
P.O. Box 856
Mulberry 33860 -.-- -----

Hicks, F. Donald
P.O. Box 1392
Tarpon Springs 33589 ....-----.--

Holmes, David F.
1605 Airport Dr.
Tallahassee 32304 -......--- .----..-.-

Horenbein, Barry
P.O. Box 648
Tallahassee 32302 .. ...---..-

FSU Young Democrats
Box U-6624
Florida State University
Tallahassee ------------------------

American Federation of Teachers
Local 1880
320 Bryan Court
Tallahassee ------------------... .

Duval Teachers Assn.
1035 LaSalle Street
Jacksonville ---------.------------

Self -.- --- ..--- --------..... -.. ....... ...

Duval Teachers Assn.
1035 LaSalle Street
Jacksonville ------------ --.-- ---.

Southern Bell Telephone Co.
330 Biscayne Blvd.
Miami -.---.------- ..- --. -

American Association of
University Women
Rt. Box 1015
Florida A & M University
Tallahassee ----- -----------

I.C.W.U. Local 377
165 S. Central
Bartow -------------------

Florida Board of Examiners of
Nursing Home Administrators
P.O. Box 520
Boynton Beach --------------

Local 34, I.C.W.U.
P.O. Box 856
Mulberry ----------

Local 386, I.C.W.U.
Tarpon Springs ---.- -------------

FSU Young Democrats
Box U-6624
Florida State University
Tallahassee -----.----------.-. -----

Bache, Inc.
36 Wall St.
New York, N.Y. 10005 .. --. --..

Health & Rehabilitative
Services

Collective bargaining
and higher education

Education

Proposed Income Tax Code

Education

Utilities legislation

Education; consumer
protection; governmental
efficiency; day care
centers

Labor

General

Labor in general

Labor

Judicial; prison reform

Bonds and stocks

_.__

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER RULE 13 (continued)

December 3, 1971

Name & Address Entity Represented and Address Particular Legislation Involved

Horenbein, Barry
P.O. Box 648
Tallahassee 323-02 .----- ....-....-

Horenbein, Barry
P.O. Box 648
Tallahassee 32302 ----------

Huegel, Gerald M.
RR. 2, Box 250
Okeechobee 33472 -----.---

Ingham, Roy J.
920 W. College Ave.
Tallahassee 32302 ---------......--

Jennette, Sidney E., Jr.
Church St.
Jacksonville 32202 ----- .......-

Jones, Marvin
Rt. 1, Box 473
Mulberry 33860- ---------- -

Jones, Richard W.
Suite 710
Tallahassee Bank Bldg.
Tallahassee 32301 ...-- -----.------

Keefe, Helen P.
3995 62nd St. N.
St. Petersburg 33709 ....------.........

King, Jack, Jr.
Rt. 2, Box 250
Okeechobee 33472--- ..-------..--......--

Kreulen, Ronald Neal
208 W. Pensacola
Tallahassee 32304 --..-- ....- -

Kynn, Michael G.
Box U-1314
Florida State University
Tallahassee 323,06 ...--.----- .....-

Landrum, Harry G.
547 N. Monroe
Tallahassee 32301 --.................

Landrum, Harry G.
547 N. M6nroe
Tallahassee 32301 -.--- ...........-

Florida Sign Association
Colonial Avenue
Orlando ..........-- ...... -........... ......... ...- ..-

G.A.C. Corporation
825 S. Bayshore Dr.
Miami --.....------ ..... .----..-.. ... ...-......- ..- ......-. .

Florida Federation of Teachers (AFL-CIO)
718 West Smith
Orlando 32804 .-- ..--------......---..------..............---------

American Federation of Teachers
Local 1880
320 Bryan Court
Tallahassee ...........-- ---.. ...------.......

Southern Bell Telephone Co.
Church St.
Jacksonville .........................----......... ........------

Labor I.C.W.U.
Mulberry -----------........... ...........-----------

Florida Power & Light Co.
P.O. Box 3100
Miami, Florida .-..----........-.....- ..........----

Florida Nurses Association
3995 62nd St. N.
St. Petersburg ----------------- -... ....-- -----

Florida Federation of Teachers (AFL-CIO)
718 West Smith
Orlando 32804 ----.---.-...-,----..---------

Florida Education Assn.
208 W. Pensacola
Tallahassee -.--------.. _.-. .,- ...----

Government and You
Student Lobbying Group
Rm. 327 University Union
Florida State University
Tallahassee ...........-......... ---- ... ...-.-.. .... .. .....-..- ....

Florida Optometric Assn.
307 Park Lake Circle
Orlando .......................--- ............-..... .... ....... ...

Florida Premium Finance Assn .
Rogers-Atkins Bldg.
N. Thomasville Rd.
Tallahassee ............... -....... ...........-.. .. ..... ....

Advertising

General

Education; labor;
Health & Rehabilitative
Services

Higher education

Communications

Labor

General

Health; education; state
institutions; appro-
priations; Manpower &
Development

Education; labor;
Health & Rehabilitative
Services

Education

Education; general

Optometry; Health &
Rehabilitative Services

Finance

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER RULE 13 (continued)

Name & Address Entity Represented and Address Particular Legislation Involved

Landrum, Harry G.
547 N. Monroe
Tallahassee 32301 --------.

Law, Walter L.
P.O. Box 1461
Tallahassee 32302 ------

Louchheim, Jerome H., ,II
Suite 119
405 E. Carolina
Tallahassee 32301 -- ------ .

McClain, Mitchell 0.
256 Sapelo Rd.
Jacksonville 32216 .---.-----

Messer, James E.
131 N. Gadsden St.
Tallahassee 32301 --.--..-- ----

Michaels, Burton M.
808 Lake Bradford Rd.
Tallahassee 32302 ---------

Moss, Joseph R.
Suite 21
814 Dixon Blvd.
Cocoa 32922 ---------- .

Murray, Laurie R.
1035 LaSalle Street
Jacksonville 32207 -- ------

Nelson, Fred
1901 N. Halifax
Daytona Beach 32018

Nelson, Fred
P.O. Box 1107
Daytona Beach 32015 ------

Orta, Mike A.
238 Columbia Drive
Tallahassee 32304 ..-------

Parker, Marion F.
P.O. Box 861
Tallahassee 32301

Parrott, Joseph R.
P.O. Box 8046
Jacksonville 32211 -----..-- ......--

Peacock, James Robert
P.O. Box 79
Mulberry 33860 --_ .. ....

Florida Surety Agents Assn.
913 S. Orange Ave.
Orlando ...-...----------..--------------

Mortgage Bankers Assn. of Florida
P.O. Box 1461
Tallahassee

Self ---.---..

A.F.S.C.M.E. AFL-CIO
6308 N. Main St.
Jacksonville -------------

Florida Retail Federation
710 American Heritage Life Bldg.
Jacksonville ............ ---------........-- ------

Florida League of Cities, Inc.
808 Lake Bradford Road
Tallahassee -..........................--------

Brevard County Bar Assn.
Suite 21
814 Dixon Blvd.
Cocoa ...-------...................---...-.

Duval Teachers Assn.
1035 LaSalle Street
Jacksonville -..--- .. ---------- --

Behring Corporation
2800 E. Oakland Park Blvd.
Fort Lauderdale -- -------------- ----

Castleton Industries
Racetrack Road
Pompano Beach ----------------------- -

Young Democrats, F.S.U.
Box U-6624
Florida State University
Tallahassee ----------------- .----

Florida Public Defenders
P.O. Box 861
Tallahassee --------------

Florida State Chamber of Commerce
P.O. Box 8046

jd CKSOIVllJe -------- -------

Local 33, I.C.W.U.
P.O. Box 556
Mulberry ------. _... .

Surety business

Financial

General

Public e

d legislation

rmnlovee

collective bargaining

Taxation

Municipal matters

Legislation affecting lawyers
and general public

Education

Any legislation affecting client

Any legislation affecting client

Education; transportation

Article V

General

Labor

_I__.________ __ _

December 3, 1971

43

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER RULE 13 (continued)

Name & Address Entity Represented and Address Particular Legislation Involved

Pearson, James A.
351 N.W. 40th Ave.
Fort Lauderdale 333138 ----------

Phipps, Benjamin K.
P.O. Box 1351
Tallahassee 32302 -____-----

Salerno, Charles A.
2300 N.W. 14th St.
Miami 33126------------- --

Small, Frank M.
3130 S.W. 15th Ct.
Ft. Lauderdale 33312 -- -- -----

Small, Frank M.
3130 S.W. 15th Ct.
Ft. Lauderdale 33312 ------

Small, Frank M.
3130 S.W. 15th Ct.
Ft. Lauderdale 33312 -- -

Small, Frank M.
3180 S.W. 15th Ct.
Ft. Lauderdale 33312 ------

Sorensen, Henry T.
Building Inspection Department
City Hall
Tallahassee 32304 ----- ---

Stanford, Floyd B.
8303 West Hiawatha
Tampa 33615 -- -------

Stebbins, E. Robert
5831 Snell Drive
Harrisburg, Pa. 17109 ------

Sunderland, C. Ken
P.O. Box 18005
Tampa 33609 ---- -

Thirsk, Richard L.
1900 S. Monroe St.
Tallahassee 32304

Thompson, Ford L.
131 N. Gadsden St.
Tallahassee 32801 __

Thompson, Ford L.
131 N. Gadsden St.
Tallahassee 32301 --.

Broward County Classroom
351 N.W. 40th Ave.
Suite 306
Fort Lauderdale ------

Teachers Assn.

Historic Tallahassee Preservation Board
Office of the Secretary of State
Capitol Building
Tallahassee .----..-

Fraternal Order of Police
2300 N.W. 14th St.
Miami ------------ --. ------ --

Alexena Realty, Inc.
2617 Davie Blvd.
Ft. Lauderdale -------------------

Bipartisan Advisory Committee for Better
Government
2617 Davie Boulevard
Ft. Lauderdale----------------------

Florida Investors Co.
2617 Davie Blvd.
Ft. Lauderdale ------- ------.. -----

International Liaison Inc.
2617 Davie Boulevard
Ft. Lauderdale -----------

Self -----------

People of State of Florida (at large)

Warner-Chilcott Laboratories
201 Tabor Road
Morris Plains, N.J. 07950 -- ----- --

Self --------------- _. -----

Self ------------- __------

Arvida Corporation
First National Bank Bldg.
Miami ..- ---.--------.----- ....--

Wometco Enterprises, Inc.
N. Miami Ave.
Miami ..---..-..-.. ......-----..------.-

ur-r lrrmuurrrru

Education

Appropriations

Law enforcement bills

General

General

General

General

Firearms; construction

General

Drugs; pharmaceuticals

Labor; law enforcement; firearms

General

Matters affecting real estate
business

Matters affecting television
business

-- -

44

December 3, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER RULE 13 (continued)

Name & Address Entity Represented and Address Particular Legislation Involved

Turner, M. Stephen
206 W. Madison St.
Tallahassee 32304-..-..---

Ulrich, Daniel M.
426 Hull Drive
Tallahassee 32801

Vidzes, Fred
1111 S. Bayshore Dr.
Miami 33131 _------- -

Vladimir, Andrew N.
2801 Ponce de Leon Blvd.
Coral Gables 33134 ----------

Voss, Oliver L., Jr.
6601 Peters Road
Plantation 33314 ----

Voss, Oliver L., Jr.
6601 Peters Road
Plantation 33314

Voss, Oliver L., Jr.
6601 Peters Road
Plantation 33314 ----- --

Voss, Oliver L., Jr.
6601 Peters Road
Plantation 33314 -----

Voss, Oliver L., Jr.
6601 Peters Road
Plantation 33314

Voss, Oliver L., Jr.
6601 Peters Road
Plantation 33314 ..-

Voss, Oliver L., Jr.
6601 Peters Road
Plantation 33314 ------

Walker, David S.
2727 E. Oakland Park Blvd.
Plantation 33314 ---

Webb, Bobby A.
Department of Health &
Rehabilitative Services
660 Apalachee Parkway
Tallahassee 32304 --

Board of Trustees of the Internal
Improvement Trust Fund
Elliot Building
Tallahassee --

F.S.U. Young Democrats Club
Box U-6624
Florida State University
Tallahassee --.---_ -._

General Development Corp.
1111 S. Bayshore Dr.
Miami ----- ..

4th District (Florida)
American Advertising Federation
Washington, D.C. -----------

Alexena Realty, Inc.
2617 W. Davie Blvd.
Ft. Lauderdale -- ---------.

Cathedral Products, Inc.
2617 W. Davie Blvd.
Ft. Lauderdale ---------.-. --

Florida Investors Construction Co.
2617 W. Davie Blvd.
Ft. Lauderdale ---------- -

International Liaison, Inc.
2617 W. Davie Blvd.
Ft. Lauderdale ------- -----

La Fe Tropical Fruits
2617 W. Davie Blvd.
Ft. Lauderdale -------- ----

Sunshine Pest Control, Inc.
2617 W. Davie Blvd.
Ft. Lauderdale -- ---------

The Three "E" Construction Co.
2617 W. Davie Blvd.

Ft. Lauderdale ..------------. --------

Southern Bell Telephone Co.
2727 E. Oakland Park Blvd.
Plantation

Department of Health & Rehabilitative
Services
660 Apalachee Parkway
Tallahassee

...._

Matters pertaining to operation of
BTIITF

Education; judiciary

Natural resources; pollution
control; Internal Improvement
Fund; land use; navigation

Advertising and consumer
protection

None at present

None at present

None at present

None at present

None at present

None at present

None at present

Communications

All relating to the Department
of Health & Rehabilitative
Services

*----- ~----

u--- -- .--.-- -

------------ I -I I--`

December 3, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

December 3, 1971

REGISTRATIONS UNDER RULE 13 (continued)

Name & Address

Entity Represented and Address

Particular Legislation Involved

Webb, Charles D.
P.O. Box 1798
Jacksonville 82210 __----

Weiss, S. Sherman
206 W. Madison St,
Tallahassee 82304 ---- --

Wilcox, Everett C.
2811 S.W. 20th St.
Miami 33145

Wingate, Claude E.
Suite 327
Dorian Bldg.
Tallahassee 32304 ------

Wintermute, Carol J.
412 W. Jefferson
Apartment 126
Tallahassee 32301

Yost, Donald K.
1061 Azalea Place
Winter Park 32789 -- ------

Yost, Donald K.
1061 Azalea Place
Winter Park 32789

Zachem, David J.
Suite 510
3101 N. Federal Hwy.
Ft. Lauderdale 33306

Blue Cross-Blue Shield of Florida, Inc.
P.O. Box 1798
Jacksonville ---.--- .---__--.__.-------

Board of Trustees of the Internal
Improvement Trust Fund
Elliot Building
Tallahassee ...- ....-------

Dade County Council of Fire Fighters
2811 S.W. 20th St.
Miami------.- --.. ----------..---

Beverage Retailers Assn.
Suite 827
Dorian Bldg.
Tallahassee --.------.-..-.--------

Self ------------------ .-------.... ..--------.

Florida Retired Officers Council
P.O. Box 545
Orlando, Florida-----------------------------

Retired Officers Association
1025 Eye Street N.W.
Washington, D.C.-----------

City of Ft. Lauderdale
City Hall
Ft. Lauderdale ---------------------

Health Insurance

Public Lands; other matters
concerning the BTIITF

Fire Fighters

Laws relating to alcoholic
beverages

Abortion and education

Retired military personnel

Retired military personnel

Legislation affecting the City
of Ft. Lauderdale

WITHDRAWALS
(With date representation

Alexander, Dale E.
(6/1/71)

Basford, William T.
(7/4/71)

Basford, William T.
(7/4/71)

Bax, James A.
(7/26/71)

Bennett, Philip S.
(7/31/71)

Brautigam, Anthony R.
(7/28/71)

ended or withdrawal received)

National Assn. of Social Workers

A-B Distributors, Inc.

Cross Florida Barge Canal Authority

Department of Health & Rehabilitative
Services

Board of Trustees of the Internal
Improvement Trust Fund

Department of Business Regulation

__

___ __I____ _____ -llllllll-L-(--I-Lll---l-l

I --- --II---------. --

- --------r----- -..

December 3, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER RULE 13 (continued)

Name & Address Entity Represented and Address Particular Legislation Involved

Cashin, John W.
(7/1/71)

Cashin, John W.
(10/15/71)

Cashin, Ken
(7/1/71)

Cashin, Ken
(10/15/71)

Donelson, Claris M.
(7/22/71)

Fearington, Mercer
(7/1/71)

Ferrara, Irene M.
(7/1/71)

Gillespie, Mary M.
(7/19/71)

Harkness, John F., Jr.
(6/1/71)

Harkness, John F., Jr.
(6/1/71)

Hays, Arthur S.
(6/24/71)

Henry, Bryan W.
(9/1/71)

Horenbein, Barry
(6/25/71)

Hudson, John S.
(6/25/71)

Humphrey, Joseph W.
(7/6/71)

Jones, Richard W.
(8/27/71)

Jennette, Sidney E., Jr.
(6/25/71)

Kovac, Frank J.
(6/30/71)

Lawrence, Stephen T.
(11/15/71)

American Bankers Insurance Company

Cosmetology School Owner Assn.

American Bankers Insurance Company

Cosmetology School Owner Assn.

Burroughs Wellcome & Company

Florida Railroad Assn.

Self

Self

Interfraternity Council of the
University of Florida

Town of Palm Beach

Florida Education Association

American Automobile Assn.

Honeywell Corporation

Southern Bell Telephone
& Telegraph Company

County Judges' Assn.

Florida State Chamber of Commerce

Southern Bell Telephone
& Telegraph Company

Palm Beach County School Board

TKE Involvement Foundation

47

48 JOURNAL OF THE HOUSE OP REPRESENTATIVES December 3, 1971

REGISTRATIONS UNDER RULE 13 (continued)

Name & Address Entity Represented and Address Particular Legislation Involved

Ledden, Jack B.
(10/1/71)

Louchheim, Jerome H.
(10/14/71)

Mathews, John E.
(9/1/71)

Mathews, John E.
(7/1/71)

Miller, Herbert W.
(11/30/71)

Montague, James L.
(6/14/71)

Moon, John J.
(6/10/71)

Nelson, Fred
(9/1/71)

Nelson, Fred
(9/1/71)

Nelson, Fred
(9/1/71)

Parrott, Joseph R.
(7/31/71)

Phelps, William Tedder
(7/27/71)

Sewell, Cecil L.
(10/6/71)

Sikes, Herbert D.
(10/11/71)

Sorensen, Henry Tyler
(7/8/71)

Spiegel, George
(7/20/71)

Swann, Nancy M.
(8/4/71)

Trotman, Joe Dan
(9/29/71)

Vidzes, Fred
(8/31/71)

Police Standards Council

Division of Hotels and Restaurants

Academy of Florida Trial Lawyers

Ford Motor Company

Department of Commerce

General Finance Corporation

Florida State Community Coalition

Florida Accountants' Assn.

Investment Corp. of South Florida

Tourist Attractions, Inc.

St. Joe Paper Company

Florida Consumer Finance Assn.

Department of Business Regulation

Board of Directors of the Internal
Improvement Trust Fund

Tallahassee Rifle and Pistol Club

Florida Municipal Utilities Association

Self

Florida County Judges Assn.

Board of Trustees of the Internal
Improvement Trust Fund

I

December 3, 1971

Waas, George L.
(12/3/71)

Warren, Jesse F., Jr.
(12/3/71)

Woodbury, William C.
(7/20/71)

JOURNAL OF THE HOUSE OF REPRESENTATIVES

REGISTRATIONS UNDER RULE 13 (continued)

Florida League of Cities

Division of Beverage

Florida School Boards Association, Inc.

49

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Monday, December 6, 1971

The House was called to order by the Speaker at 1:00 p.m.
The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
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, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
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

Excused: Representatives Dick Clark, Earle, and C. Matthews.
A quorum was present.

Prayer
Prayer by Representative Robert M. Johnson:
Our Father, God, this is the beginning of a new legis-
lative day. We can waste it, or use it for good. We can do
today what is important, because we are exchanging this,
day for a day in our lives. When tomorrow comes, this
day will be gone forever, leaving in its place that which
we have traded for it. Let it be gain and not loss, good
and not evil, success and not failure, in order that not one
of us shall regret the price we paid for today. Amen.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of December 3 was corrected and approved as
follows: On page 35, column 1, Members excused, insert
"Winn".

Messages from the Senate
The Honorable Richard A. Pettigrew December 3, 1971
Speaker, House of Representatives

Sir:
I am directed to inform the House of Representatives that
the Senate has passed with amendments-
By the Committee on Finance & Taxation-
CS for HB 16-D-A bill to be entitled An act relating to
taxation and finance; amending Title XIII, Florida Statutes, to
provide for the imposition, collection and administration of an
income tax on corporations and other artificial persons;
amending subsection 323.15(6), Florida Statutes, to remove
the income tax exemption of motor carriers; amending sec-
tions 624.0307 and 624.0308, Florida Statutes, to provide a
credit for insurers against insurance premium taxes for an
amount of income taxes paid; providing an appropriation and
procedures for competitive bidding; providing an effective date.
Amendment 1-Strike all of lines 13 through 31 on page
25 and all of lines 1 through 10 on page 26.
Amendment 2-Strike all of lines 12 through 29 on page 45,
and all of pages 46 and 47, and all of lines 1 through 6 on page
48 and insert the following: Section 3. Section 624.0307, Florida
Statutes, is amended by adding a new subsection (4) to read:
624.0307 Premium tax; rate and computation.-
(4) The income tax imposed under chapter 220, Florida Stat-
utes, which is paid by any insurer shall be credited against and
to the extent thereof discharge the liability for tax imposed
by this section for the annual period in which said income tax
payment is made. For purposes of this subsection, payments of
estimated income tax under chapter 220, Florida Statutes, shall
be deemed "paid" either at the time the insurer actually files
its annual return under that chapter or at the time said return
is required to be filed, whichever first occurs, and not at such
earlier time as such payments of estimated tax are actually
made.
Section 4. Section 624.0308, Florida Statutes, is amended by
adding a new subsection (3) to read:
(3) The income tax imposed under chapter 220, Florida Stat-
utes, which is paid by any insurer shall be credited against and
to the extent thereof discharge the liability for tax imposed
by this section for the annual period in which said income tax
payment is made; provided that the aggregate income tax
credit for any insurer under this subsection and subsection
624.0307 (4) shall not exceed the amount of tax paid under
chapter 220 in any calendar year. For purposes of this sub-
section, payments of estimated income tax under chapter 220,
Florida Statutes, shall be deemed "paid" either at the time
the insurer actually files its annual return under that chapter
or at the time said return is required to be filed, whichever
first occurs, and not at such earlier time as such payments of
estimated tax are actually made.
Amendment 4-On page 20, strike all of lines 13 through 15
and insert the following: Revenue Code shall mean taxable in-
come as defined in section 63 of the Internal Revenue Code,
and not small business corporation taxable income described
in sub section 1373 (d) of the Code.
Amendment 5-On page 2, strike all of line 15.

,4to o

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Amendment 6-On page 6, line 21, strike "619" and insert
the following: 618

Amendment 7-On page 10, strike all of line 9.

Amendment 8-On page 13, strike "; and" on line 16 and all
of lines 17 through 21 and insert a period

Amendment 9-On page 18, line 28, strike the period and
insert a semicolon

Amendment 10-On page 26, line 11, strike all of paragraph
(3)

Amendment 11-On page 48, line 15, strike all of paragraph
(b) and the reference to "(a)" on page 48, line 8

Amendment 12-On page 1, strike all of lines 16 and 17

Amendment 13-On page 45, after line 9 insert the following:
the sales tax imposed by Chapter 212, Florida Statutes,

Amendment 14-On page 16, line 9, strike "(IV)" and insert
the following: (III)

Amendment 17-On page 10, lines 25 and 26, strike "5% of
the taxpayer's net income for the taxable year." and insert the
following: 2/2% of the taxpayer's net income up to $25,000 for
the taxable year, and 5% of the taxpayer's net income in excess
of $25,000 for the taxable year.

Amendment 19-On page 34, line 17, following the comma
after the word "filing" insert the following: including payment
to such depository institutions throughout the state as the de-
partment may by regulation designate,

Amendment 20-On page 25, line 12, strike the period and
insert the following: ; and
(3) the term "everywhere" in Part IV of said act which is
used in the computation of apportionment factor denominators
shall mean "in all other states of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, any terri-
tory or possession of the United States, or any political subdi-
vision of the foregoing;" and
(4) in lieu of the equally weighted three factor apportion-
ment fraction based on property, payroll and sales which is
described in section 214.71, there shall be used for purposes of
the tax imposed by this Code an apportionment fraction com-
posed of a sales factor representing 50% of the fraction, a prop-
erty factor representing 25% of this fraction, and a payroll fac-
tor representing 25% of the fraction.

Amendment 25-On page 17b, line 25, strike all of subpara-
graph (iv) and insert the following: (iv) If an election is
made under subparagraph (ii), the taxpayer shall adjust taxable
income (as defined in subsection (2)), by excluding therefrom
all installment sale income reported in the taxable year under
section 453 of the Internal Revenue Code with respect to long
term sales contracts executed prior to January 1, 1972, but
there shall be added to taxable income all expenses deducted
on the return for the taxable years with respect to such ex-
cluded installment sale income, including collection costs and
expenses attributable to servicing such prior sales. For purposes
of the preceding sentence, the term "long term sales contract"
means a contract for the sale of property which provides for
payment of the purchase price at periodic intervals over a
period extending 5 years or more from the date of execution
of such contract.

Amendment 26-On page 45, after line 11 insert the follow-
ing: Section 3. Section 624.0312(1), Florida Statutes, is amended
to read:
624.0312 Regional home offices of foreign insurers; credits
on premium tax liability.-

(1) A foreign insurer formed by or under the laws of any
other state or foreign country, which is subject to the taxes
imposed by sections 624.0307 and 624.0308, and which owns and

substantially occupies any building in this state as a regional
home office, as hereinafter defined, shall be entitled to the fol-
lowing credit end dde4etiens against such tax:
(*- An amount equal to fifty per cent of the amount of the
tax as determined under said sections; and
-0 An amount to te l namoeunt 4enal ad4 va&eem
txee said by e ueha ft eign inener during the year next pee-
eedian the filing 4 the e ete required by eeetien 6249
-v upon inay building end the lendu one wi it stands in hie
e4ate owned and substantially oeeupied by ach reign in-

use end oeeepcCion thereetoi and
R- 4pon any property used in eoeneetien with3 the ep6ertieo
and4 maintenane ex4 auch regional home offie e provided, hiew-
ever, that in no event shell seah ereditse and deduetions reduee
the ament e4 tan payable to lese than twenty per eent e4 the
amount e4 the tea ee determined nder eeetion 624.493047 and
624.0308- and provided further, that as to a foreign insurer
issuing policies insuring against loss or damage from the
risks of fire, tornado, and certain casualty lines, the tax im-
posed by sections 624.0307 and 624.0308, as intended and con-
templated by the above provisions of this subsection, shall be
construed to mean the net amount of said tax remaining after
there has been credited thereon such gross premium receipts
tax as may be payable by such insurer in pursuance of the
imposition of such tax by any incorporated cities or towns in
the state for firemen's relief and pension funds and policemen's
retirement funds maintained in such cities or towns, as provided
in and by relevant provisions of Florida Statutes.
and renumber subsequent sections of the bill.

Amendment 28-On pages 16 and 17, strike section 220.13(1)
(c): page 16, lines 13 through 26; page 17, lines 1 through 27.

Amendment 31-In title, following line 15 insert the follow-
ing: amending subsection 624.0312(1), Florida Statutes, to limit
credits against insurance premium taxes;

Amendment 32-On page 49, line 30, strike "It is expressly"
and all lines 1 through 13 on page 50.

-and requests the concurrence of the House therein.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

Mr. Turlington moved that the House refuse to concur in all
the Senate amendments to CS for HB 16-D and request the
Senate to recede therefrom, and in the event the Senate re-
fuses to recede, request that a Conference Committee of seven
Members of the Senate be appointed to confer with a like
committee on the part of the House.

Pending consideration thereof, Mr. Crabtree offered a sub-
stitute motion that the House concur in Senate Amendment 25
and refuse to concur in the remaining Senate amendments to
CS for HB 16-D. Without objection, the substitute motion
was withdrawn.

Mr. Powell offered a substitute motion that the House take
up and consider each Senate amendment to CS for HB 16-D
independently.

Pending consideration thereof, Mr. Redman moved that the
substitute motion be laid on the table, which was not agreed to.
The vote was:

Yeas-51

Mr. Speaker
Andrews
Baker
Birchfield
Blackburn
Brown
Carlucci
Cherry

Conway
Craig
Dubbin
Featherstone
Firestone
Fleece
Fortune
Gallen

Gautier
Gillespie
Grainger
Harris
Hartnett
Hazelton
Hector
Hodes

Holloway
Kershaw
Lane
MacKay
Martinez
Melvin
Mixson
Ogden

December 6, 1971

51

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Randell
Redman
Reed
Renick
Sessums

Nays-51
Alvarez
Baumgartner
Burke
Caldwell
Chapman
Clark, David
Crabtree
Crane
Culbreath
Danahy
Dixon
Earle
Elmore

Singleton
Spicola
Sykes
Trombetta
Tucker

Fulford
Gibson
Gorman
Grizzle
Gustafson
Harllee
Hollingsworth
Johnson
Jones
Kennelly
Lancaster
Matthews, H.
Mattox

Turlington
Tyrrell
Walker
Whitworth
Winn

McDonald
Milburn
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Rish
Robinson, A. S.
Sackett

Wolfson
Woodward
Yancey
Zinkil

Savage
Sims
Stevens
Sweeny
Thomas
Tillman
Tittle
Tubbs
Westberry
Whitson
Williamson
Wilson

Representative Tobiassen was recorded as voting Nay.

The question recurred on the substitute motion. Pending con-
sideration thereof, Mr. Reed moved that the House reconsider
the vote by which the motion to lay the substitute motion on
the table was not agreed to.

Pending consideration thereof, the lack of a quorum was
suggested. A quorum of 106 Members was present.

The question recurred on the motion to reconsider, which
was agreed to. The vote was:

Martinez
Melvin
Mixson
Ogden
Poorbaugh
Redman
Reed

Nays-45
Alvarez
Baumgartner
Burke
Chapman
Clark, David
Clark, J. R.
Crabtree
Crane
Dixon
Elmore
Fulford
Gibson

Reeves
Renick
Sessums
Shreve
Singleton
Spicola
Stevens

Gorman
Grizzle
Hollingsworth
Johnson
Jones
Lancaster
Matthews, H.
Mattox
McDonald
Milburn
Mooney
Moudry

Sweeny
Tittle
Trombetta
Tucker
Turlington
Tyrrell
Westberry

Murphy
Nease
Nergard
Poole
Powell
Randell
Rish
Robinson, A. S.
Robinson, J. W.
Sackett
Savage
Sims

Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Smith
Thomas
Tillman
Tobiassen
Tubbs
Walker
Whitson
Williamson
Wilson

The question recurred on the motion by Mr. Turlinrton to
refuse to concur in all Senate amendments to CS for HB 16-D
and request that a Conference Committee be appointed, which
was agreed to. The action of the House, together with CS for
HB 16-D and Senate amendments thereto, was ordered certi-
fied to the Senate.

December 6, 1971

Yeas-62
Mr. Speaker
Andrews
Baker
Birchfield
Blackburn
Brown
Caldwell
Carlucci
Cherry
Conway
Craig
Culbreath
D'Alemberte
Danahy
Dubbin
Featherstone

Nays-47
Alvarez
Baumgartner
Burke
Chapman
Clark, David
Clark, J. R.
Crabtree
Crane
Dixon
Elmore
Fulford
Gibson

Firestone
Fleece
Forbes
Fortune
Gallen
Gautier
Gillespie
Grainger
Harris
Hartnett
Hazelton
Hector
Hodes
Holloway
Kennelly
Kershaw

Gorman
Grizzle
Gustafson
Harllee
Hollingsworth
Johnson
Jones
Lancaster
Matthews, H.
Mattox
McDonald
Milburn

Lane Stevens
MacKay Sweeny
Martinez Tittle
Melvin Trombetta
Mixson Tucker
Ogden Turlington
Poorbaugh Tyrrell
Redman Westberry
Reed Whitworth
Reeves Winn
Renick Wolfson
Robinson, A. S. Woodward
Sessums Yancey
Shreve Zinkil
Singleton
Spicola

Mooney Sims
Moudry Smith
Murphy Sykes
Nease Thomas
Nergard Tillman
Poole Tobiassen
Powell Tubbs
Randell Walker
Rish Whitson
Robinson, J. W. Williamson
Sackett Wilson
Savage

The question recurred on the motion to lay the substitute
motion on the table, which was agreed to. The vote was:

Yeas-63
Mr. Speaker
Andrews
Baker
Birchfield
Blackburn
Brown
Caldwell
Carlucci
Cherry

Conway
Craig
Culbreath
D'Alemberte
Danahy
Dubbin
Featherstone
Firestone
Fleece

Forbes
Fortune
Gallen
Gautier
Gillespie
Grainger
Gustafson
Harllee
Harris

Hartnett
Hazelton
Hector
Hodes
Holloway
Kennelly
Kershaw
Lane
MacKay

I am directed to inform the House of Representatives that
the Senate has passed-CS for HB 7-D
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

The bill, contained in the above message, was ordered en-
rolled.

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 3, 1971

Sir:
Your Committee on Rules & Calendar herewith submits as the
Special Order Calendar under Rule 8.16 for Monday, December
6, 1971, the consideration of the following bills:

HB 32-D-Cane pole tax repealer
HB 2-D-Governmental leasehold interests
HJR 11-D-Revision of Article V
HB 23-D-Early vote on Article V
CS for HCR 34-D-Commending the Miami Dolphins

Your Committee further recommends for introduction the
following measures:
HB 43-D-Board of trustees of internal improvement fund
HB 35-D-Alcoholic beverage license taxes
HB 39-D-Supplemental payment for medical care
HB 40-D-Supplemental appropriations for Health & Reha-
bilitative Services Department

The Honorable Richard A. Pettigrew
Speaker, House of Representatives
Sir:

52

December 6, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

HB 41-D-Nonpartisan election of certain justices and judges

A quorum of the Committee was present in person and a
majority of those 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.

On motions by Mr. Dubbin, consented to by the required
Constitutional two-thirds vote, HB's 43-D, 35-D, 39-D, 40-D,
and 41-D were admitted for later introduction, the Speaker
having ruled that the measures were not within the purview of
the Governor's call.

Consideration of the Special Order

Consideration of HB 32-D and HB 2-D was temporarily de-
ferred.

HJR 11-D-A joint resolution proposing a revision of Article
V of the State Constitution relating to the judicial branch of
the government.
-was taken up, having been read the second time on Decem-
ber 2, with the following pending amendments:

Amendment 10-On page 4, strike line 8 and insert the follow-
ing: of direct review of administrative action if prescribed

Subsequently, without objection, Amendment 10 was with-
drawn.

Amendment 16-On page 10, line 3, strike "private" and in-
sert the following: public

Substitute Amendment 16-On page 10, line 3, strike "pri-
vate" and insert the following: private or public

The question recurred on the adoption of Substitute Amend-
ment 16. Pending consideration thereof-

Representative Reed offered the following amendment to the
substitute amendment:
Amendment 1 to Substitute Amendment 16-Strike "Private
or public" and insert the following: appropriate
Mr. Reed moved the adoption of the amendment to the sub-
stitute amendment, which was adopted.

The question recurred on the adoption of Substitute Amend-
ment 16, as amended, which was adopted.

Representative Whitson offered the following amendment:
Amendment 17-On page 10, line 21, after the period, insert
the following: Judges of county courts may, by law, be ex-
empted from the requirements of this section.
Mr. Whitson moved the adoption of the amendment, which
failed of adoption.

MR. GAUTIER IN THE CHAIR

Representative Savage offered the following amendment:
Amendment 18-On page 10, line 25, insert the following: All
compensation shall be uniform throughout the state for each
Judge.
Mr. Savage moved the adoption of the amendment, which
failed of adoption.

Representatives Earle and Whitson offered the following
amendment:

Amendment 19-On page 9, line 20, after the period insert
the following: No more than one half of the members of the
commission shall be of the same political party.
Mr. Whitson moved the adoption of the amendment which
failed of adoption. The vote was:

Yeas-27

Caldwell
Clark, David
Crane
Elmore
Grizzle
Gustafson
Johnson

Nays-57
The Chair
Baker
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Conway
Craig
Culbreath
D'Alemberte
Danahy
Dixon

McDonald
Mooney
Moudry
Murphy
Nease
Nergard
Poole

Dubbin
Featherstone
Forbes
Fortune
Fulford
Gallen
Gibson
Gillespie
Grainger
Harllee
Harris
Hazelton
Hodes
Jones
Kershaw

Poorbaugh
Powell
Reed
Robinson, J. W.
Savage
Sims
Smith

Lane
Libertore
Martinez
Mattox
Melvin
Miers
Milburn
Mixson
Randell
Redman
Renick
Rish
Sackett
Santora
Sessums

Thomas
Tillman
Tubbs
Whitson
Williamson
Wilson

Singleton
Spicola
Tittle
Trombetta
Tucker
Tyrrell
Walker
Whitworth
Winn
Woodward
Yancey
Zinkil

Representative Hollingsworth was recorded as voting Nay.

Representative Martinez offered the following amendment:
Amendment 20-On page 11, line 12, after the word "prose-
cutors." insert the following: In counties where a county solici-
tor presently exists, that office may continue to exist.
Mr. Martinez moved the adoption of the amendment. Pending
consideration thereof-

Representative Tucker offered the following amendment to
the amendment:
Amendment 1 to Amendment 20-Following "solicitor" add
"or county prosecuting attorney"
Mr. Tucker moved the adoption of the amendment to the
amendment, which was adopted.

Representative Tittle offered the following substitute amend-
ment:

Substitute Amendment 20-On page 11, line 12, after the
word "prosecutors" insert the following: In counties where a
county solicitor or county prosecuting attorney presently exists,
a referendum shall be held during the Presidential preference
primary next ensuing to determine whether or not said officer
shall be retained.

Mr. Tittle moved the adoption of the substitute amendment.
Without objection, the substitute amendment was withdrawn.

The question recurred on the adoption of Amendment 20,
as amended, which failed of adoption.

THE SPEAKER IN THE CHAIR

Representative Savage offered the following amendment:
Amendment 21-On page 11, lines 9, 10, 11 and 12, strike
"; provided however, when authorized by general law, the
violations of all municipal ordinances may be prosecuted by
municipal prosecutors" and insert a period after "law" on line
9.
Mr. Savage moved the adoption of the amendment which
failed of adoption.

53

December 6, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representative Fortune offered the following amendment:
Amendment 22-On page 11, strike all of lines 22 through
30 and on page 12, strike all of lines 1 through 4. Renumber
following sections accordingly.
Mr. Fortune moved the adoption of the amendment, which
was adopted. The vote was:

Dixon
Elmore
Fortune
Gallen
Gibson
Gorman
Grainger
Grizzle
Harllee
Hess
Hollingsworth
Holloway
Johnson

Gautier
Gillespie
Harris
Hazelton
Hector
Kershaw
MacKay
Martinez
Mixson
Murphy
Nergard

Jones
Kennelly
Lane
Matthews, H.
Mattox
McDonald
Melvin
Miers
Mooney
Moudry
Nease
Powell
Rish

Ogden
Poole
Poorbaugh
Randell
Redman
Reed
Renick
Sackett
Savage
Sessums
Shreve

Robinson, A. S.
Robinson, J. W.
Santora
Spicola
Thomas
Tillman
Tucker
Tyrrell
Whitson
Wilson
Woodward
Zinkil

Singleton
Stevens
Sweeny
Sykes
Tittle
Turlington
Walker
Whitworth
Winn
Yancey

Representatives Sims and Tubbs were recorded as voting Yea,
Representative Wolfson was recorded as voting Nay, and Repre-
sentative Randell changed his vote from Nay to Yea.

Representative Tucker offered the following amendment:
Amendment 23-On page 11, line 29, strike "He shall devote
full time to his duties and he shall not engage in the private
practice of law."
Mr. Tucker moved the adoption of the amendment. Without
objection, the amendment was withdrawn.

Representative Mixson offered the following amendment:
Amendment 24-On page 13, lines 10 and 11, strike "involun-
tary hospitalization, the determination of incompetency,"
Mr. Mixson moved the adoption of the amendment. Pending
consideration thereof-

Representative Dubbin offered the following substitute amend-
ment:
Substitute Amendment 24-On page 13, line 23, after the
period insert the following: A circuit judge may appoint a
county court judge to hear an emergency matter in the absence
from the county of the circuit judge and the county court judge
shall have the power to issue all orders and injunctions neces-
sary or proper to the complete exercise of such jurisdiction.
Mr. Dubbin moved the adoption of the substitute amend-
ment. Pending consideration thereof-

Representative Sweeny offered the following amendment to
the substitute amendment:
Amendment 1 to Substitute Amendment 24-On page 13, line
23, strike "A circuit judge" and insert "The chief judge of a
circuit"
Mr. Sweeny moved the adoption of the amendment to the sub-
stitute amendment, which was adopted.

Representative Whitson offered the following amendment to
the substitute amendment:

December 6, 1971

Yeas-51
Alvarez
Andrews
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Clark, David
Craig
Crane
Culbreath

Nays-43
Mr. Speaker
Baker
Clark, J. R.
Conway
Crabtree
D'Alemberte
Danahy
Dubbin
Featherstone
Firestone
Forbes

Yeas-60
Mr. Speaker
Alvarez
Andrews
Baker
Birchfield
Brown
Carlucci
Crabtree
Craig
D'Alemberte
Danahy
Dubbin
Featherstone
Firestone
Forbes

Fortune
Fulford
Gallen
Gillespie
Gorman
Grainger
Harllee
Hazelton
Hector
Hess
Hodes
Holloway
Kennelly
Kershaw
Lane

MacKay
Martinez
Melvin
Miers
Milburn
Murphy
Ogden
Poorbaugh
Redman
Reed
Reeves
Ryals
Sackett
Santora
Sessums

Singleton
Spicola
Stevens
Sweeny
Sykes
Tittle
Tubbs
Tucker
Turlington
Tyrrell
Westberry
Whitworth
Winn
Wolfson
Yancey

Amendment 2 to Substitute Amendment 24-Strike "an emer-
gency matter" and insert the following: a specific emergency
matter

Mr. Whitson moved the adoption of the amendment to the
substitute amendment, which was adopted.

The question recurred on the adoption of Substitute Amend-
ment 24, as amended, which was adopted.

Representative Gustafson offered the following amendment:
Amendment 25-On page 13, line 27, after "ordinances"
insert: except as herein otherwise provided for,

Mr. Gustafson moved the adoption of the amendment. With-
out objection, the amendment was withdrawn.

Representative Sykes offered the following amendment:
Amendment 26-On page 14, line 27, strike the semicolon
and insert the following: not more than one of whom may be
a member of the bar;
Mr. Sykes moved the adoption of the amendment, which
was adopted.

Representatives Blackburn, Lane, Spicola, and Fortune offered
the following amendment:
Amendment 27-On page 15, line 29, strike "Two-thirds" and
on page 16, strike all of lines 1 through 8 and insert the fol-
lowing: All fines and forfeitures received from violations of
ordinances or misdemeanors committed within a county or mu-
nicipal ordinances committed within a municipality within the
territorial jurisdiction of the county court shall be paid monthly
to the county or municipality respectively. If any

Mr. Blackburn moved the adoption of the amendment, which
was adopted.

Representative Gustafson offered the following amendment:
Amendment 28-On page 16, line 29, add new Subsection
(9): Any municipality may apply to the chief judge of the
circuit in which that municipality is situated for permission
to continue a municipal court system wherein the int1 ro.sts
of justice would best be served. Upon determination that the
interests of justice and the people of the circuit would best
be served by such municipal court system, the chief judge of
the circuit may so order such court to continue the adminis-
tration of justice in such municipality. In the event the chief
judge of the circuit would disallow any municipality's applica-
tion for continuance of its municipal court, the municipality or
the county court may appeal to the Supreme Court for an order
directing the granting of such application.
Renumber subsequent subsections.

Mr. Gustafson moved the adoption of the amendment.

Pending consideration thereof, on motion by Mr. D'Alemberte,
the amendment was laid on the table. The vote was:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-43
Baumgartner
Blackburn
Burke
Caldwell
Chapman
Clark, David
Clark, J. R.
Conway
Crane
Culbreath
Dixon

Elmore
Fleece
Gibson
Grizzle
Gustafson
Hollingsworth
Johnson
Jones
Libertore
Mattox
McDonald

Mixson
Mooney
Moudry
Nease
Nergard
Poole
Powell
Rish
Robinson, A. S.
Robinson, J. W.
Savage

Sims
Smith
Thomas
Tillman
Tobiassen
Trombetta
Whitson
Williamson
Wilson
Woodward

Representative Poorbaugh changed his vote from Yea to Nay.

Representative Martinez offered the following amendment:
Amendment 29-On page 22, after line 11, insert the follow-
ing: (i) Should provision be made by general law for election
of judges in odd numbered years, the first such law may pro-
vide that the term of each judicial office beginning next after
the first election shall be one year shorter or longer as other-
wise provided herein.

Mr. Martinez moved the adoption of the amendment which
failed of adoption.

Representative Harllee offered the following amendment:
Amendment 30-On page 16, strike all of subsection (8) and
insert the following: (8) Any municipality or county may apply
to the chief judge of the circuit in which that municipality or
county is situated for the county court to sit in a location
suitable to the municipality or county and convenient in time
and place to its citizens and police officers and upon such ap-
plication said chief judge shall direct the court to sit in the
location. Any municipality or county which so applies shall be
required to provide the appropriate physical facilities in which
the county court may hold court.

Mr. Harllee moved the adoption of the amendment, which was
adopted.

Representatives Reeves and Williamson offered the following
amendment:
Amendment 31-On page 20, after line 28, insert the follow-
ing: (10) Notwithstanding any other provision of the constitu-
tion, in Escambia County and Broward County, there shall be
the office of clerk of the courts which officer shall be clerk of
the circuit and county court and perform duties prescribed by
law. Election to such office shall be held in the primary and
general elections of 1972 in the same manner as other clerks
are elected for a term of 4 years beginning on the first Tues-
day after the first Monday in January, 1973. In Escambia
County and Broward County the clerk of the circuit court shall
be the ex officio clerk of the board of county commissioners,
auditor, recorder, and custodian of all county funds and perform
other duties prescribed by law.

Mr. Reeves moved the adoption of the amendment. Pending
consideration thereof-

Representative Gustafson offered the following amendment to
the amendment:
Amendment 1 to Amendment 31-On lines 2, 8, and 9, strike
"Escambia County and Broward County"

Mr. Gustafson moved the adoption of the amendment to the
amendment, which failed of adoption. The vote was:

Nays-76
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Dixon

Dubbin
Elmore
Firestone
Forbes
Fortune
Fulford
Gallen
Gautier
Gillespie
Gorman
Grainger
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Holloway
Johnson

Jones
Kennelly
Kershaw
Lane
MacKay
Martinez
Melvin
Miers
Milburn
Mixson
Ogden
Randell
Redman
Reeves
Renick
Rish
Ryals
Sackett
Santora

Sessums
Singleton
Spicola
Stevens
Sweeny
Sykes
Tittle
Tobiassen
Trombetta
Tucker
Turlington
Tyrrell
Walker
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Representative Featherstone was recorded as voting Yea.

Representatives Powell, J. W. Robinson, and Tubbs offered
the following amendment to the amendment:
Amendment 2 to Amendment 31-On lines 2, 8, and 9, strike
"and Broward County" and insert the following: Broward
County and Brevard County,
Mr. Powell moved the adoption of the amendment to the
amendment, which was adopted. The vote was:

Yeas-91

Mr. Speaker
Alvarez
Andrews
Baumgartner
Birchfield
Blackburn
Brown
Carlucci
Cherry
Clark, David
Clark, J. R.
Conway
Craig
D'Alemberte
Dixon
Dubbin
Elmore
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson

Nays-15
Baker
Burke
Chapman
Crabtree

Gillespie
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Jones
Kennelly
Kershaw
Lancaster
Lane
Libertore
MacKay
Mattox
Melvin
Miers

Culbreath
Firestone
Forbes
Johnson

Milburn Singleton
Mixson Smith
Mooney Stevens
Moudry Sweeny
Murphy Sykes
Nease Thomas
Nergard Tittle
Ogden Tobiassen
Poole Trombetta
Poorbaugh Tubbs
Powell Tucker
Randell Turlington
Reed Tyrrell
Reeves Walker
Renick Whitworth
Robinson, A. S. Williamson
Robinson, J. W. Wilson
Ryals Winn
Sackett Wolfson
Savage Woodward
Sessums Yancey
Shreve Zinkil
Sims

Martinez
Redman
Rish
Santora

Spicola
Tillman
Whitson

Representative Featherstone was recorded as voting Yea.

The question recurred on the adoption of Amendment 31, as
amended, which was adopted. The vote was:

Yeas-67

Yeas-31
Caldwell
Clark, David
Crane
Fleece
Gibson
Grizzle
Gustafson
Hollingsworth

Matthews, H.
Mattox
McDonald
Mooney
Moudry
Murphy
Nease
Poole

Poorbaugh
Powell
Reed
Robinson, A. S.
Robinson, J. W.
Savage
Shreve
Sims

Smith
Thomas
Tillman
Tubbs
Whitson
Williamson
Wilson

Mr. Speaker
Andrews
Brown
Caldwell
Cherry
Clark, David
Clark, J. R.
Conway
Craig
Crane

D'Alemberte
Dubbin
Elmore
Featherstone
Firestone
Fleece
Fortune
Gallen
Gautier
Gibson

Gustafson
Harllee
Harris
Hector
Hess
Holloway
Kershaw
Lane
Libertore
MacKay

Mattox
Melvin
Miers
Milburn
Mixson
Moudry
Murphy
Poole
Poorbaugh
Powell

55

December 6, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Randell
Reeves
Renick
Robinson, J. W.
Ryals
Sackett
Sessums

Nays-34
Alvarez
Baker
Birchfield
Blackburn
Burke
Carlucci
Chapman
Crabtree
Culbreath

Shreve
Sims
Singleton
Smith
Stevens
Sweeny
Thomas

Dixon
Forbes
Fulford
Gillespie
Gorman
Grainger
Grizzle
Hodes
Hollingsworth

Tittle
Tobiassen
Trombetta
Tubbs
Tyrrell
Walker
Whitworth

Johnson
Jones
Kennelly
Martinez
Nease
Ogden
Redman
Rish
Robinson, A. S.

Williamson
Wilson
Winn
Wolfson
Woodward
Zinkil

Santora
Savage
Spicola
Sykes
Tillman
Whitson
Yancey

Representative Baumgartner was recorded as voting Yea.

On motion by Mr. Fortune, the rules were waived and debate
on all amendments was limited to two minutes per side.

Representative Yancey offered the following amendment:
Amendment 32-On page 16, line 12, strike the period and
insert the following: and such other funds as prescribed by
general law.
Mr. Yancey moved the adoption of the amendment, which
was adopted.

Representatives Reeves and Gustafson offered the following
amendment:
Amendment 33-On page 20, strike all of line 12 and insert
the following: (9) Except as hereinafter provided, the clerk
of the circuit court shall
Mr. Reeves moved the adoption of the amendment, which
was adopted.

Representative Whitson offered the following amendment:
Amendment 34-On page 15, line 12, after the period, insert
the following: No more than one half of the members of such
commission shall be of the same political party.
Mr. Whitson moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-30
Caldwell
Clark, David
Dixon
Fleece
Gibson
Gorman
Grizzle
Gustafson

Nays-69
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Chapman
Cherry
Clark, J. R.
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Dubbin

Hazelton
Matthews, H.
McDonald
Mooney
Moudry
Murphy
Nergard
Poole

Elmore
Featherstone
Firestone
Forbes
Fortune
Gallen
Gautier
Gillespie
Grainger
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Jones

Poorbaugh
Powell
Reed
Robinson, J.
Savage
Sims
Smith
Sykes

Kershaw
Lancaster
Lane
MacKay
Martinez
Melvin
Miers
Milburn
Mixson
Ogden
Randell
Redman
Reeves
Renick
Rish
Santora
Shreve
Spicola

Thomas
Tillman
Tubbs
W. Whitson
Williamson
Wilson

Stevens
Sweeny
Tittle
Tobiassen
Trombetta
Tucker
Turlington
Tyrrell
Walker
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Representative Carlucci was recorded as voting Nay.

Representatives Tyrrell, Tobiassen, and Hess offered the
following amendment:
Amendment 35-On page 19, strike all of lines 4 and 5 and
insert the following: members of the bar of Florida and who as
of July 1, 1971, devoted
Mr. Tyrrell moved the adoption of the amendment, which
was adopted.

Representative Fleece offered the following amendment:
Amendment 36-On page 17, line 27, after the word "county"
insert the following: civil and criminal court of record of Pi-
nellas county,
Mr. Fleece moved the adoption of the amendment, which was
adopted.

Representative Gorman offered the following amendment:
Amendment 37-On page 14, strike all of lines 10 and 11 and
insert the following: court, magistrates courts, justice of
Mr. Gorman moved the adoption of the amendment, which
was adopted.

Representative Milburn offered the following amendment:
Amendment 38-On page 17, after line 8, insert the follow-
ing: (12) Justice shall mean a justice elected or appointed to the
supreme court and shall not include any judge assigned from any
court; provided, however, when the numbers of justices re-
quired by section 3 (a) of this article cannot be obtained because
justices have recused themselves for cause, then judges may
constitute the number required by section 3 (a).
Mr. Milburn moved the adoption of the amendment, which
was adopted.

Representatives Libertore and Tobiassen offered the following
amendment:
Amendment 39-On page 19, strike all of lines 4 through 6
and insert the following: members of the bar of Florida, shall
be eligible
Mr. Libertore moved the adoption of the amendment, which
was adopted.

Representatives Whitworth and Dubbin offered the following
amendment:
Amendment 40-On page 19, line 11, after "1973," insert the
following: including judges established pursuant to Article
VIII, section 11 of the Constitution of 1885,
Mr. Whitworth moved the adoption of the amendment, which
was adopted.

Representative Elmore offered the following amendment:
Amendment 41-On page 17, line 4, strike "40,000" and insert
the following: 90,000
Mr. Elmore moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-34
Blackburn
Brown
Burke
Chapman
Clark, J. R.
Conway
Craig
Culbreath
Elmore

Nays-67
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield

Fortune
Grainger
Hess
Hollingsworth
Holloway
Jones
Kennelly
Lancaster
Lane

Carlucci
Cherry
Clark, David
Crabtree
D'Alemberte

Matthews, H.
Mattox
Melvin
Murphy
Randell
Rish
Sackett
Sims
Singleton

Danahy
Dixon
Dubbin
Featherstone
Firestone

Sykes
Tobiassen
Tyrrell
Walker
Wilson
Woodward
Zinkil

Forbes
Fulford
Gallen
Gibson
Gillespie

December 6, 1971

December 6, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gorman
Grizzle
Harllee
Hartnett
Hector
Hodes
Johnson
Kershaw
Libertore
MaoKav
Martinez
McDonald

Miers
Milburn
Mooney
Moudry
Nease
Ogden
Poole
Poorbaugh
Powell
Redman
Reed
Reeves

Renick Tittle
Robinson, A. S. Trombetta
Robinson, J. W. Tubbs
Santora Tucker
Savage Turlington
Sessums Whitson
Shreve Whitworth
Smith Williamson
Spicola Winn
Sweeny Wolfson
Thomas Yancey
Tillman

Representative Mixson was recorded as voting Yea and Rep-
resentatives Randell and Walker changed their votes from Yea
to Nay.

Representative Santora offered the following amendment:
Amendment 42-On page 17, line 1, after the word "divisions"
insert the following: and at such places
Mr. Santora moved the adoption of the amendment, which
was adopted.

Representative Reed offered the following amendment:
Amendment 43-On page 3, line 27, after the word "court"
strike the semicolon and insert the following: and any order
of a commission established by general law exercising state-
wide jurisdiction;
Mr. Reed moved the adoption of the amendment, which was
adopted.

Representative Whitson offered the following amendment:
Amendment 44-On page 6, line 19, after the period insert
the following: A county may be divided by law into geographi-
cal divisions for the purpose of election of judges of the
county court, each of whom shall then be elected by the qualified
electors residing within each division.
Mr. Whitson moved the adoption of the amendment, which
failed of adoption.

Representative Grizzle offered the following amendment:
Amendment 45-On page 7, strike lines 26 and 27 and insert
the following: (a) Election.-All justices or judges shall be
elected by vote of the qualified electors within the territorial
jurisdiction of their respective courts.
Mrs. Grizzle moved the adoption of the amendment, which
was adopted.

Mr. Reed moved the previous question, which was agreed to.

On motion by Mr. D'Alemberte, the rules were waived and
HJR 11-D, as amended, was read the third time as follows:

HJR 11-D-A joint resolution proposing a revision of Article
V of the State Constitution relating to the judicial branch
of the government.
Be It Resolved by the Legislature of the State of Florida:
That the following proposed revision of Article V of the
State Constitution is agreed upon and shall be submitted to
the electors of Florida for ratification or rejection at the
presidential preference primary election to be held March
14, 1972.
(Substantial rewording of article. For present text see Ar-
ticle V, State Constitution.)

ARTICLE V
JUDICIARY
Section 1. Courts.-The judicial power shall be vested in a
supreme court, district courts of appeal, circuit courts and
county courts. No other courts may be established by the state,
any political subdivision or any municipality. The state shall
be divided by general law into appellate court districts and

judicial circuits following county lines. Commissions established
by law, or administrative officers or bodies may be granted
quasi-judicial power in matters connected with the functions
of their offices and their orders shall be reviewed as provided
by law which shall provide for ultimate review by a court.
Section 2. Administration; practice and procedure.-
(a) The supreme court shall adopt rules for the practice
and procedure in all courts including the time for seeking appel-
late review; for the administrative supervision of all courts;
for the transfer to the court having jurisdiction of any pro-
ceeding when the jurisdiction of another court has been im-
providently invoked; and providing that no cause shall be dis-
missed because an improper remedy has been sought. These
rules may be changed by general law limited to the sole pur-
pose of revising said rules, enacted by two-thirds vote of the
membership of each house of the legislature.
(b) The chief justice of the supreme court shall be chosen
by a majority of the members of the court. He shall be the
chief administrative officer of the judicial system and shall
have the power to assign justices or judges, including con-
senting retired justices or judges, to temporary duty in any
court for which the judge is otherwise qualified.
(c) A chief judge for each district court of appeal shall be
chosen by a majority of the judges thereof or, if there is no
majority, by the chief justice. The chief judge shall be respon-
sible for the administrative supervision of the court.
(d) A chief judge in each circuit shall be chosen from
among the circuit judges as provided by supreme court rule.
The chief judge shall be responsible for the administrative
supervision of the circuit courts and county courts in his circuit.
Section 3. Supreme Court.-
(a) Organization.-The supreme court shall consist of seven
justices. Five justices shall constitute a quorum. The con-
currence of four justices shall be necessary to a decision.
(b) Jurisdiction.-The supreme court:
(1) Shall hear appeals from final judgments of trial courts
imposing the death penalty and from orders of trial courts and
decisions of district courts of appeal initially and directly pass-
ing on the validity of a state statute or a federal statute or
treaty, or construing a provision of the state or federal con-
stitution.
(2) When provided by general law, shall hear appeals from
final judgments and orders of trial courts imposing life im-
prisonment or entered in proceedings for the validation of bonds
or certificates of indebtedness.
(3) May review by certiorari any decision of a district
court of appeal that affects a class of constitutional or state
officers, that passes upon a question certified by a district
court of appeal to be of great public interest, or that is in
direct conflict with a decision of any district court of appeal
or of the supreme court on the same question of law, and any
interlocutory order passing upon a matter which upon final
judgment would be directly appealable to the supreme court,
and any order of a commission established by general law
exercising state-wide jurisdiction; and may issue writs of pro-
hibition to courts and commissions in causes within the juris-
diction of the supreme court to review, and all writs necessary
to the complete exercise of its jurisdiction.
(4) May issue writs of mandamus and quo warrant to
state officers and state agencies;
(5) The supreme court or any justice may issue writs of
habeas corpus returnable before the supreme court or any jus-
tice, a district court of appeal or any judge thereof, or any
circuit judge.
(6) The supreme court shall have the power of direct re-
view of administrative action prescribed by general law.
(c) Clerk and marshal.-The supreme court shall appoint
a clerk and marshal who shall hold office during the pleasure
of the court and perform such duties as the court directs. Their
compensation shall be fixed by general law. The marshal shall

have the power to execute the process of the court throughout
the state, and in any county may deputize the sheriff or a
deputy sheriff for such purpose.

57

58 JOURNAL OF THE HOUSE

Section 4. District courts of appeal.-
(a) Organization.-There shall be a district court of appeal
serving each appellate court district. Each district court of
appeal shall consist of at least three judges. Three judges shall
consider each case and the concurrence of two shall be neces-
sary to a decision.
(b) Jurisdiction.-
(1) District courts of appeal shall have jurisdiction to hear
appeals, that may be taken as a matter of right, from final
judgments or orders of trial courts, including those entered on
review of administrative action, not directly appealable to the
supreme court or a circuit court. They may review interlocutory
orders in such cases to the extent provided in rules adopted by
the supreme court.
(2) They shall have the power of direct review of admin-
istrative action prescribed by general law.
(3) A district court of appeal or any judge thereof may
issue writs of habeas corpus returnable before the court or any
judge thereof or before any circuit judge within the territorial
jurisdiction of the court. A district court of appeal may issue
writs of mandamus, certiorari, prohibition, quo warrant, and
other writs necessary to the complete exercise of its jurisdic-
tion. To the extent necessary to dispose of all issues in a cause
properly before it, a district court of anneal may exercise any
of the appellate jurisdiction of the circuit courts.
(c) Clerks and marshals.-Each district court of appeal
shall appoint a clerk and marshal who shall hold office during
the pleasure of the court and perform such duties as the court
directs. Their compensation shall be fixed by general law. The
marshal shall have the power to execute the process of the
court throughout the territorial jurisdiction of the court, and in
any county may deputize the sheriff or a deputy sheriff for
such purpose.
Section 5. Circuit Courts.-
(a) Organizat-on.-There shall be a circuit court serving
each judicial circuit.
(b) Jurisdiction.-The circuit courts shall have original
jurisdiction not vested in the county courts, and jurisdiction of
appeals from county courts when provided by general law. They
shall have the power to issue writs of mandamus, quo warrant,
certiorari, prohibition and habeas corpus, and all writs necessary
or proper to the complete exercise of their jurisdiction. Juris-
diction of the circuit court shall be uniform throughout the
state. They shall have the power of direct review of administra-
tive action prescribed by general law.
Section 6. County Courts.-
(a) Organization.-There shall be a county court in each
county. Notwithstanding any other provision of this constitution,
one person may be the judge of more than one county court,
when provided by law. Every county shall have at least one
judge of its county court who is a resident of such county.
(b) Jurisdiction.-The county courts shall exercise the juris-
diction provided by general law. The jurisdiction shall be uni-
form throughout the state.
Section 7. Specialized Divisions.-All courts except the su-
preme court may sit in divisions as may be authorized by
general law.
Section 8. Eligibility.-A justice or judge must be an elector
of the state and reside in the territorial jurisdiction of his
court. A justice or judge shall not serve after attaining the
age of seventy years except to complete a term half of which
he has served or upon temporary assignment. Each justice of
the supreme court and judge of a court of appeal must be and
have been a member of the bar of Florida for the preceding
ten years. A circuit judge must be and have been a member of
the bar of Florida for the preceding five years. Unless other-
wise provided by general law, a county court judge must be a
member of the bar of Florida.
Section 9. Determination of number of judges.-Appellate

court districts and judicial circuits may be increased, decreased
or redefined and the number of judges of any court except the
supreme court may be increased or reduced by law consistent
with this article. The reduction of the number of judges shall
be effective only at the expiration of a term of office.

;I

Section 13. Prohibited activities.-All justices and judges
shall devote full time to their judicial duties. They shall not
engage in the practice of law or hold office in any political
party.

9 OF REPRESENTATIVES December 6, 1971

Section 10. Election and Terms.-
(a) Election.-All justices or judges shall be elected by vote
of the qualified electors within the territorial jurisdiction of
their respective courts.
(b) Terms.-The terms of all justices of the supreme court,
judges of district courts of appeal and circuit judges shall be
for six years. The terms of judges of county courts shall be
for four years.
Section 11. Vacancies.-
(a) The governor shall fill each vacancy in judicial office by
appointing for a term ending on the first Tuesday after the
first Monday in January of the year following the next primary
and general election, one of not fewer than three persons nomi-
nated by the appropriate judicial nominating commission. An
election shall be held to fill that judicial office for the term
of the office beginning at the end of the appointed term. The
nominations shall be made within thirty days from the occur-
rence of a vacancy unless the period is extended by the governor
for a time not to exceed thirty days. If the governor fails to
make the appointment within sixty days after the nominations
have been certified to him, the chief justice shall make the
appointment from those nominated.
(b) There shall be a separate judicial nominating commission
as provided by general law for the supreme court, each district
court of appeal, and each judicial circuit for all trial courts
within the circuit.
Section 12. Discipline; removal and retirement.-
(a) There shall be a judicial qualifications commission com-
posed of:
(1) Two judges of district courts of appeal selected by the
judges of those courts, two judges of circuit courts selected by
the judges of those courts and two judges of county courts se-
lected by the judges of those courts; all of whom shall not be
eligible to succeed themselves;
(2) Two electors who reside in the state and are members
of the bar of the state, chosen by the governing body of the bar
of Florida, who shall not be eligible to succeed themselves; and
(3) Eight electors who reside in the state and who have
never held judicial office or been members of the bar, ap-
pointed by the Governor, who shall not be eligible to succeed
themselves.
(b) The members of the judicial qualifications commission
shall serve staggered terms, not longer than six years, fixed
by general law. No member of the commission except a justice
or judge shall be eligible for state judicial office so long as
he is a member of the commission and for a period of two years
thereafter. No member of the commission shall hold office in a
political party or, except as provided herein, participate in any
campaign for judicial office or hold public office. The commis-
sion shall elect one of its members as its chairman.
(c) The supreme court shall adopt rules regulating proceed-
ings of the commission, the filling of vacancies by the appoint-
ing authorities and the temporary replacement of disqualified
or incapacitated members. After a recommendation of removal
of any justice or judge, the record of the proceedings of the
commission relating to it shall be made public.
(d) Upon recommendation of two-thirds of the members of
the judicial qualifications commission, the supreme court may
order that any justice or judge be disciplined by appropriate
reprimand, or removed from office with termination of compen-
sation, for willful or persistent failure to perform his duties
or for other conduct unbecoming a member of the judiciary; or
involuntarily retired for any disability that seriously interferes
with the performance of his duties and that is permanent. On
request of the commission, the supreme court may suspend a
justice or judge from performing the duties of his office during
the final determination of an inquiry upon the filing of a formal
proceeding by the commission.
(e) The power of removal conferred by this section ;hall be
cumulative to the power of impeachment and to the power of
suspension by the Governor and removal by the senate.

JOURNAL OF THE HOUSE

Section 14. Judicial salaries.-All justices and judges shall be
compensated only by state salaries fixed by general law. The
judiciary shall have no power to fix appropriations.
Section 15. Attorneys; admission and discipline.-The su-
preme court shall have exclusive jurisdiction to regulate the
admission of persons to the practice of law and discipline of
persons admitted.
Section 16. Clerks of the circuit courts.-There shall be a
clerk of the circuit court in each county who shall be elected by
the qualified electors of the county.
Section 17. State attorneys.-In each judicial circuit a state
attorney shall be elected for a term of four years. He shall be
the prosecuting officer of all trial courts in that circuit and
shall perform other duties prescribed by general law; provided,
however, when authorized by general law, the violations of all
municipal ordinances may be prosecuted by municipal prose-
cutors. A state attorney shall be an elector of the state and
reside in the territorial jurisdiction of the circuit. He shall have
been a member of the bar of Florida for the preceding five
years. He shall devote full time to his duties and he shall not
engage in the private practice of law. State attorneys shall ap-
point such assistant state attorneys as may be authorized by
law. The salaries of state attorneys and assistant state attor-
neys shall be fixed by general law.
Section 18. Schedule.-
(a) This article shall replace all of Article V of the Con-
stitution of 1885, as amended, that shall then stand repealed.
(b) Except to the extent inconsistent with the provisions of
this article, all provisions of law and rules of court in force on
the effective date of this article shall continue in effect until
superseded in the manner authorized by the constitution.
(c) After this article becomes effective, and until changed
by general law consistent with this article:
(1) To the extent authorized by this article, the supreme
court shall have the jurisdiction immediately ther-tofore pvpr-
cised by it, except it shall determine all proceedings pending
before it on the effective date of this article;
(2) There shall be appellate districts that shall be the
appellate districts in existence on the date of adoption of this
article. There shall be a district court of appeal in each dis-
trict. To the extent authorized by this article, the district courts
of appeal shall have the jurisdiction immediately theretofore
exercised by the district courts of appeal except they shall
determine all proceedings pending before them on the effective
date of this article.
(3) Circuit courts shall have jurisdiction of appeals from
county courts involving violations of municipal or county ordi-
nances, except those appeals which may be taken directly to the
supreme court; and they shall have exclusive jurisdiction in all
actions at law not cognizable by the county court; of proceed-
ings relating to the settlement of the estate of decedents and
minors, the granting of letters testamentary, guardianship, in-
voluntary hospitalization, the determination of incompetency,
and other jurisdiction usually pertaining to courts of probate;
in all cases in equity including all cases relating to juveniles;
of all felonies and of all misdemeanors arising out of the same
circumstances as a felony which is also charged; in all cases
involving legality of any tax assessment, or toll; in the action
of ejectment; and in all actions involving the titles or boundaries
or right of possession of real property. The circuit court may
issue injunctions. There shall be judicial circuits which shall
be the judicial circuits in existence on the date of adoption
of this article. The chief judge of a circuit may appoint a
county court judge to hear a specific emergency matter in the
absence from the county of the circuit judge and the county
court judge shall have the power to issue all orders and in-
junctions necessary or proper to the complete exercise of such

jurisdiction.
(4) County courts shall have original jurisdiction in all
criminal misdemeanor cases not cognizable by the circuit court,
of all violations of municipal and county ordinances, and of all
actions at law in which the matter in controversy does not

exceed the sum of two thousand five hundred dollars ($2,500.00)
exclusive of interest and costs, except those within the exclu-
sive jurisdiction of the circuit court. Judges of county courts
shall be committing magistrates. The county court shall have
jurisdiction now exercised by the county judge's court other
than that vested in the circuit court by subsection (c) (3)

December 6, 1971

(11) Municipal prosecutors may prosecute violations of
municipal ordinances.
(12) Justice shall mean a justice elected or appointed to
the supreme court and shall not include any judge assigned
from any court; provided, however, when the numbers of
justices required by section 3 (a) of this article cannot be

OF REPRESENTATIVES 59

hereof, the jurisdiction now exercised by the county court, the
claims court, the small claims court, the small claims magis-
trates court, magistrates courts, justice of the peace courts,
municipal courts and courts of chartered counties, including
but not limited to the counties referred to in Article VIII,
sections nine, ten, eleven and twenty four of the Constitution
of 1885.
(5) Each judicial nominating commission shall be composed
of the following:
a. Three members of the bar of Florida elected, pursuant
to rules promulgated by the supreme court, by the members
of the bar of the state residing in the geographic area served
by a court or circuit, to serve as members of the commission
for that court or circuit;
b. Three electors who reside in the territorial jurisdic-
tion of the court or circuit appointed by the governor not more
than one of whom may be a member of the bar;
c. Three electors who reside in the territorial jurisdic-
tion of the court or circuit and who are not members of the
bar of Florida, selected and appointed by a majority vote of
the other six members of the commission.
No justice or judge shall be a member of a judicial nomi-
sion may hold public office other than judicial office. No mem-
ber shall be eligible for appointment to state judicial office so
long as he is a member of a judicial nominating commission and
for a period of two years thereafter. All acts of a judicial nomi-
nating commission. A member of a judicial nominating commis-
nating commission shall be made with a concurrence of a ma-
jority of its members.
(6) The members of a judicial nominating commission
shall serve for a term of four years except the terms of the
initial members of the judicial nominating commissions shall
expire as follows:
a. The terms of one member of category (a) (b) and (c)
in subsection (c) (5) hereof shall expire on July 1, 1974;
b. The terms of one member of category (a) (b) and (c)
in subsection (c) (5) hereof shall expire on July 1, 1975;
c. The terms of one member of category (a) (b) and (c)
hereof shall expire on July 1, 1976;
(7) All fines and forfeitures arising from offenses tried
in the county court shall be collected, and accounted for by
clerk of the court, and deposited in a special trust account.
All fines and forfeitures received from violations of ordi-
nances or misdemeanors committed within a county or munici-
pal ordinances committed within a municipality within the
territorial jurisdiction of the county court shall be paid
monthly to the county or municipality respectively. If any
costs are assessed and collected in connection with offenses
tried in county court, all court costs shall be paid into the
general revenue fund of the state of Florida and such other
funds as prescribed by general law.
(8) Any municipality or county may apply to the chief
judge of the circuit in which that municipality or county is
situated for the county court to sit in a location suitable to
the municipality or county and convenient in time and place
to its citizens and police officers and upon such application said
chief judge shall direct the court to sit in the location. Any
municipality or county which so applies shall be required to
provide the appropriate physical facilities in which the county
court may hold court.
(9) All courts except the supreme court may sit in di-
visions and at such places as may be established by local rule
approved by the supreme court.
(10) A county court judge in any county having a popu-
lation of 40,000 or less according to the last decenmnial census,
shall not be required to be a member of the bar of Florida.

JOURNAL OF THE HOUSI

obtained because justices have recused themselves for cause,
then judges may constitute the number required by section 3
(a).
(d) When this article becomes effective:
(1) All courts not herein authorized, except as provided
by subsection (d) (3) of this section shall cease to exist and
jurisdiction to conclude all pending cases and enforce all prior
orders and judgments shall vest in the court that would have
jurisdiction of the cause if thereafter instituted. All records of
and property held by courts abolished hereby shall be trans-
ferred to the proper office of the appropriate court under
this article.
(2) Judges of the following courts whose term does not
expire in 1973, if eligible under (d) (7) hereof, shall become
additional judges of the circuit court for each of the counties
of their respective circuits, and shall serve as such circuit
judges for the remainder of the terms to which they were elect-
ed and shall be eligible for election as circuit judges thereafter.
These courts are: civil court of record of Dade county, civil
and criminal court of record of Pinellas county, all criminal
courts of record, the felony courts of record of Alachua, Leon
and Volusia counties, the courts of record of Broward, Brevard,
Escambia, Hillsborough, Lee, Manatee and Sarasota, and county
judge's courts and separate juvenile courts in counties having
a population in excess of 100,000 according to the 1970 federal
census. On the effective date of this article, there shall be an
additional number of positions of circuit judges equal to the
number of existing circuit judges and the number of judges
of the above named courts whose term expires in 1973. Elec-
tions to such offices shall take place at the same time and
manner as elections to other state judicial offices in 1972 and
the terms of such offices shall be for a term of six years. Un-
less changed pursuant to section nine of this article, the
number of circuit judges presently existing and created by
this subsection shall not be changed.
(3) Municipal courts and justice of the peace courts shall
continue with their same jurisdiction until amended or ter-
minated in a manner prescribed by special or general law or,
in the case of municipal courts by the municipality, or until
January 4, 1977, whichever occurs first. On that date all
municipal courts and justice of the peace courts not previously
abolished shall cease to exist. Judges of municipal courts and
justices of the peace shall remain in office and be subject to
reappointment or reelection in the manner prescribed by law
until said courts are terminated pursuant to the provisions of
this subsection. Upon municipal courts and justice of the peace
courts being terminated or abolished d in accordance with the
provisions of this subsection, the judges thereof who are not
members of the bar of Florida, shall be eligible to seek elec-
tion as judges of county courts of their respective counties.
(4) Judges holding elective office in all other courts abol-
ished by this article whose terms do not expire in 1973 includ-
ing judges established pursuant to Article VIII, section 11 of
the Constitution of 1885, shall serve as judges of the county
court for the remainder of the term to which they were elected.
Unless created pursuant to section nine, such judicial office
shall not continue to exist thereafter. Any such judge who is
not required to devote full time to his judicial duties shall not
be required to do so after the effective date of this article,
unless otherwise provided by law.
(5) By March 21, 1972, the supreme court shall recom-
mend to the legislature the creation of additional circuit and
county court judges. The legislature in the 1972 regular session
shall by general law create additional offices of judge, the
terms of which shall begin on the effective date of this article.
Elections to such offices shall take place at the same time and
manner as election to other state judicial offices in 1972.
(6) County judges of existing county judge's courts who
are not members of the bar of Florida shall be eligible to seek
election as county court judges of their respective counties in
the 1972 election.
(7) No judge of a court abolished by this article shall be-
come or be eligible to become a judge of the circuit court unless
he has been a member of the bar of Florida for the preceding
five years.

(8) The office of judges of all other courts abolished by
this article shall be abolished as of the effective date of this
article except as provided in subsection (d) (3) hereof.

SOF REPRESENTATIVES December 6, 1971

(9) Except as hereinafter provided, the clerk of the cir-
cuit court shall continue to serve as clerk of the circuit court
and shall also assume the duties of clerk of the county court.
The office of all other clerks of court shall stand abolished.
(10) Clerks of courts abolished by this article, having
countywide territorial jurisdiction, shall become deputy clerks
of the circuit court of their respective counties and shall serve
as such for the remainder of the terms for which they were
elected or appointed at a rate of compensation not less than
that received immediately before the effective date of this
article, any provision of any civil service law or regulation to
the contrary notwithstanding. The clerks of all other courts
abolished by this article shall have no further powers and
duties and shall cease to hold office.
(11) Notwithstanding any other provision of the constitu-
tion, in Escambia County, Broward County and Brevard
County, there shall be the office of clerk of the courts which
officer shall be clerk of the circuit and county court and per-
form duties prescribed by law. Election to such office shall be
held in the primary and general elections of 1972 in the same
manner as other clerks are elected for a term of 4 years be-
ginning on the first Tuesday after the first Monday in January,
1973. In Escambia County, Broward County and Brevard
County, the clerk of the circuit court shall be the ex officio
clerk of the board of county commissioners, auditor, recorder,
and custodian of all county funds and perform other duties
prescribed by law.
(12) The offices of county solicitor and prosecuting attor-
ney shall stand abolished, and all county solicitors and prose-
cuting attorneys holding such offices upon the effective date
of this article shall become and serve as assistant state attor-
neys for the circuits in which their counties are situate for the
remainder of their terms, with compensation not less than that
received immediately before the effective date of this article.
(e) Limited operation of some provisions.-
(1) All justices of the supreme court, judges of the dis-
trict courts of appeal and circuit judges in office upon the ef-
fective date of this article shall retain their offices for the
remainder of their respective terms. All members of the judicial
qualifications commission in office upon the effective date of
this article shall retain their offices for the remainder of their
respective terms. Each state attorney in office on the effective
date of this article shall retain his office for the remainder
of his term.
(2) No justice or judge holding office immediately after
this article becomes effective who held judicial office on July
1, 1957, shall be subject to retirement from judicial office
because of age pursuant to section 8 of this article.
(f) Until otherwise provided by law, the nonjudicial duties
required of county judges shall be performed by the judges of
the county court.
(g) All provisions of Article V of the Constitution of 1885, as
amended, not embraced herein which are not inconsistent with
this revision shall become statutes subject to modification or
repeal as are other statutes.
(h) The requirements of section 14 relative to all county
court judges, or any judge of a municipal court or justice of
the peace who continues to hold office pursuant to subsection
(d) (3) hereof being compensated by state salaries shall
not apply prior to January 4, 1977, unless otherwise provided
by general law.
(i) Deletion of obsolete schedule items.-The legislature shall
have power, by concurrent resolution, to delete from this article
any subsection of this section 18 including this subsection, when
all events to which the subsection to be deleted is or could be-
come applicable have occurred. A legislative determination of
fact made as a basis for application of this subsection shall be
subject to judicial review.
(j) Effective date.-Unless otherwise provided herein, this
article shall become effective at 11:59 o'clock P.M., Eastern
Standard Time, January 1, 1973.

The absence of a quorum was suggested. A quorum of 112
Members was present.

On passage of HJR 11-D, as amended, the vote was:

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-80
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Caldwell
Cherry
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Dubbin
Featherstone
Firestone
Fleece

Nays-32
Alvarez
Burke
Carlucci
Chapman
Clark, David
Danahy
Dixon
Elmore

Forbes
Fortune
Gautier
Gillespie
Gorman
Grizzle
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Holloway
Johnson
Kershaw
Lane
Libertore
MacKay
Martinez

Fulford
Gallen
Gibson
Grainger
Hollingsworth
Jones
Kennelly
Matthews, H.

Melvin
Miers
Milburn
Mixson
Mooney
Murphy
Nergard
Ogden
Poole
Randell
Redman
Reed
Reeves
Renick
Robinson, J.
Ryals
Sackett
Santora
Shreve
Singleton

Mattox
McDonald
Moudry
Nease
Poorbaugh
Powell
Rish
Robinson, A. S.

Spicola
Stevens
Sweeny
Sykes
Thomas
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
W. Whitworth
Winn
Wolfson
Woodward
YZinkicey
Zinkil

Savage
Sessums
Sims
Smith
Tillman
Whitson
Williamson
Wilson

Representative Gustafson was recorded as voting Yea and
Representative Miers changed his vote from Yea to Nay.
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of the membership and was
ordered immediately certified to the Senate, after engrossment.

Explanation of Vote
I wish to explain my opposition to the constitutional amend-
ment to Article V of the Florida Constitution.
The numerous letters, telegrams and phone calls that have
been received by me indicate that those courts that are closest
to the people serve the best interests of these communities.
The Palm Beach Civic Association, by their resolution adopt-
ed on November 30, 1971, clearly expressed the sentiment of the
communities in Palm Beach County wherein they expressed
their opinion by stating that "county" courts will result in
sharply increased costs and inconvenience to the people of
Palm Beach. "The experience of the City of Miami in the
Metro Court, reveals that some 15% of said city's on-duty
police hours are spent waiting to testify in said Metro Court."
The present local court system administers justice adequately
and serves a most useful purpose. The establishment of state-
wide minimum standards for the municipal court system is
preferred to the abolition of these courts.
For these and other reasons not herein expressed I was com-
pelled to vote against this proposition.
Representative Raymond J. Moudry

On motion by Mr. Dubbin, the rules were waived and the
House reverted to the order of-

Messages from the Senate

The Honorable Richard A. Peffiarew
Speaker, House of Representatives

December 6, 1971

I am directed to inform the House of Representatives that
the Sennf has refused to recede from Senate amendments to-
CS for HB 16-D
And the President of the Senate has appointed Senators de la
Parte, Gunter, Weissenborn, Trask, Myers, Williams and Plante
as a Conference Committee to confer with a like committee to

be appointed by the Speaker of the House to adjust the differ-
ences existing between the two bodies on Senate Amendments
to CS for HB 16-D.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

Thereupon, the Speaker appointed Representatives Turling-
ton, Harris, Ogden, Spicola, Tyrrell, Caldwell and Trombetta
as the members of the Conference Committee on the part of the
House.

The action of the House was ordered certified to the Senate.

The Honorable Richard A. Pettigrew December 3, 1971
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed with amendment-

By the Committee on Transportation-
HB 8-D-A bill to be entitled An act relating to the control
of junkyards or scrap metal processing facilities adjacent to
public highways; providing definitions; prohibiting the opera-
tion of junkyards or scrap metal processing facilities within one
thousand (1,000) feet of the right-of-way, unless screened from
public view; providing exceptions; providing for requirements
for fences; providing the department of transportation shall
have powers of eminent domain over certain lands; providing
for enforcement by the department; providing a penalty; re-
pealing 861.13, 861.14, 861.15, 861.16, 861.17, and 861.18. Flor-
ida Statutes, and chapter 71-338, Laws of Florida, relating to
control of junkyards and scrap metal processing plants adjacent
to public highways; providing an effective date.
which amendment reads as follows-
On page 5, line 16 before "Any public official" insert the
following: The department or

-and requests the concurrence of the House therein.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

On motion by Mr. Stevens, the House concurred in the
Senate amendment to HB 8-D.

The question recurred on the passage of HB
by the Senate amendment. The vote was:
Yeas-110

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caodwell
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
COlbreath
D'Alemberte
Danahy
Dixon
Dubbin
Elmore
Featherstone
Firestone
Fleece
Nays-None

Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Grainger
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kennelly
Kershaw
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox

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

8-D, as amended

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

61

December 6, 1971

JOURNAL OF THE HOUSE

So the bill passed, as amended by the Senate amendment.
The action of the House was ordered certified to the Senate
and the bill was ordered engrossed.

Communication from the Governor

The following communication was read:

Honorable Richard Pettigrew
Speaker, House of Representatives
The Capitol
Tallahassee, Florida

December 6, 1971

Dear Mr. Speaker:
It has come to my attention that a question has been raised
concerning the interpretation of Subsection 2(d) of the Procla-
mation dated November 24, 1971, as amended. The purpose of
this letter is to clarify my intention with regard to that sub-
section.
By the use of the word "repeal" in that subsection, I did not
intend to exclude from the call of the Special Session, legisla-
tion relating to the amendment of the Florida law relating to
the dealer's credit for collecting sales tax. It is my request,
therefore, that subsection 2(d) be interpreted as if it read:
"legislation relating to (d) Repeal or amendment of the
dealer's credit for collecting sales tax."
Sincerely,
REUBIN ASKEW
Governor

Mr. Dubbin moved that the House adjourn upon completion
of Introduction and Reference to reconvene at 10:00 a.m. to-
morrow, which was agreed to.

Introduction and Reference

By Representatives Andrews and Singleton-
HB 35-D-A bill to be entitled An act relating to alcoholic
beverages; amending Section 561.34(3) (g), Florida Statutes,
as created by chapter 71-361, Laws of kFlorida, providing for
tax to be imposed on vendors operating places of business for
consumption for five (5) or more permanent locations within
said premises and excluding theretrom service bars and tem-
porary or portable bars; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations, consent for
its introduction by the required Constitutional two-thirds vote
having been given earlier.

By Representatives Hodes and Tubbs-
HB 39-D-A bill to be entitled An act relating to supple-
mental payments for medical care; providing for skilled nursing
homes and intermediate care facilities to receive supplementary
payment for services rendered; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services and Appropriations,
consent for its introduction by the required Constitutional two-
thirds vote having been given earlier.

By Representatives Hodes and Tubbs-
HB 40-D-A bill to be entitled An act relating to the depart-
ment of health and rehabilitative services, division of family
services, making a supplemental appropriation; providing ad-
ditional moneys for the remainder of the 1971-72 fiscal year, to
pay cost of certain medical care programs; repeals section 17
of chapter 71-357, Laws of Florida, relating to county participa-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations, consent for its introduction by the
required Constitutional two-thirds vote having been given
earlier.,

OF REPRESENTATIVES December 6, 1971

By Representative Martinez-
HB 41-D-A bill to be entitled An act relating to the non-
partisan election of certain justices and judges; amending 2
of chapter 71-49, Laws of Florida, to provide that the first
and second nonpartisan elections shall be held at the time of
the second primary election and the general election, respec-
tively; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections, consent for its introduction by the re-
quired Constitutional two-thirds vote having been given earlier.

By the Committee on Appropriations-
HB 43-D-A bill to be entitled An act relating to board of
trustees of the internal improvement fund; amending sections
253.01, 253.02(1), 253.03(2), 253.031(4), and 253.45(1), Florida
Statutes; repealing sections 270.12, 270.13, 270.14, 270.22, and
270.23, Florida Statutes; providing an appropriation; providing
an effective date.
-was read the first time by title and placed on the Rules
Calendar, consent for its introduction by the required Consti-
tutional two-thirds vote having been given earlier.

By Representatives Woodward and Mixson-
HB 47-D-A bill to be entitled An act relating to justice of the
peace courts; adding subsection (7) to 37.01, Florida Statutes,
to provide that each justice of the peace in counties having a
population of not less than thirty-nine thousand (39,000) nor
more than forty-nine thousand (49,000), according to the latest
official census, shall have jurisdiction to try a misdemeanor
of the second degree; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By Representative Wilson-
HJR 48-D-A joint resolution proposing an amendment to
Section 16 of Article III of the State Constitution to restore
the authorized membership of the senate to forty-eight members.
-was placed in the Committee on Rules & Calendar.

By Representatives Chapman, Blackburn, Rish, and Mix-
son-
HB 49-D-A bill to be entitled An act relating to assistance
for local law enforcement; declaring legislative intent; provid-
ing for distribution of funds appropriated; providing require-
ments for participation in the program; limiting use of funds;
providing for administration and apportionment of funds; re-
quiring reports by local units; repealing Minimum Foundation
Program for local law enforcement, Sections 163.550-163.561,
in Part V of Chapter 163, Florida Statutes; providing an ap-
propriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative D'Alemberte-
HB 50-D-A bill to be entitled An act relating to the state
treasurer; amending section 18.11, Florida Statutes, to provide
that United States government guaranteed student loans and
small business administration loans posted as security for de-
posit of public funds shall be retained by the bank posting
such security; requiring a monthly statement of accounting
to be given the state treasurer; providing an effective date.
-was placed in the Committee on Rules & Calendar.

By Representatives Shreve, Spicola, A. S. Robinson, Gustaf-
son, Trombetta, Sykes, David Clark, Crane, and Hazelton-

HB 51-D-A bill to be entitled An act relating to environ-
mental protection; providing an emergency appropriation to the
Governor of the State of Florida for the purpose of preventing
and alleviating drought conditions in Central and Southern
Florida; providing an effective date.
-was placed in the Committee on Rules & Calendar.

December 6, 1971 JOURNAL OF THE HOUSE OF REPRESENTATIVES 63

By the Committee on Finance & Taxation- Engrossing Reports
HB 52-D-A bill to be entitled An act relating to dealer's
allowances for collecting and remitting sales and use taxes to December 6, 1971
the state; amending subsection (1) of section 212.12, Florida
Statutes, to reduce dealer's allowance for collection of sales Your Engrossing Clerk reports amendment to-
and use taxes; providing an effective date. HB 8-D
Cale read the first time by title and placed on the Rules -has been incorporated and the bill herewith returned.

Allen Morris, Clerk
By Representatives Birchfield, Carlucci, Grainger, Kennelly,
Nease, Dixon, Alvarez, Westberry, Ogden, Santora, Randell, -and the bill with amendment was ordered enrolled.
A. S. Robinson, Craig, and Forbes-
HR 53-D-A House Resolution expressing sympathy in the December 6, 1971
"death of Moulton Lee Adams and his wife, Mildred Stockton Your Engrossing Clerk reports amendments to-
Adams.
-was placed in the Committee on Rules & Calendar.
-have been incorporated and the bill herewith returned.
Allen Morris, Clerk
Reports of Standing Committees
-and the bill was ordered immediately certified to the Senate.
The Committee on Rules & Calendar recommends a commit-
tee substitute for the following: HCR 34-D Enrolling Reports
The bill with committee substitute was placed on the Rules
Calendar. HB 29-D

The Committee on Finance & Taxation recommends a commit- -,has been enrolled, signed by the required Constitutional
tee substitute for the following: HB 20-D (fiscal note attached) Officers and presented to the Governor on December 6, 1971.
The bill with committee substitute was referred to the Com- Allen Morris, Clerk
mittee on Appropriations.
Adjournment
The Committee on Health & Rehabilitative Services recom-
mends the following pass: HB 39-D
Pursuant to the motion previously adopted, the House ad-
The bill was referred to the Committee on Appropriations. journed at 5:28 p.m. to reconvene at 10:00 a.m. tomorrow.

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Tuesday, December 7, 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
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece

Forbes
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, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
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

Excused: Representatives Dick Clark and C. Matthews; Rep-
resentative Fortune for the morning session and Representative
Kennelly for part of the day.

A quorum was present.

Prayer
Prayer by the Reverend G. J. Blair, First United Methodist
Church, Perry, Florida:
0 God who governs the world in righteousness, and whose
judgements are true and righteous. Grant that tho-e who
rule over us and who legislate for us may be of one mind
to establish justice and promote the welfare of all people.
Endow all members of the house with a right understand-
ing, pure purposes, sound reason and speech. Enable them
to rise above all self seeking and party zeal to the nobler
concerns of public good and human brotherhood. Cleanse
our public life of all evil, subdue our state and nation in all
that is harmful; and make us a disciplined and devoted peo-
ple that we may do Thy will on earth as it is done in
Heaven. Hear our prayer, 0 God. Amen.

At the request of Representative Moudry, the House observed
a moment of silent prayer in memory of those who lost their
lives at Pearl Harbor.

The Journal

The Journal of December 6 was corrected and approved as
follows: On page 62, column 2, in introducers of HB 49-D, strike
"Chapman" at end of line and insert "Mixson"

On motion by Mr. Poole, the rules were waived and the House
proceeded to-

Consideration of CS for HCR 34-D
HCR 34-D was taken up, together with:

By the Committee on Rules & Calendar-
CS for HCR 34-D-A concurrent resolution commending the
Miami Dolphins professional football team for their outstanding
record and achievements.
WHEREAS, the Miami Dolphins have compiled the best
record of games won and hold the longest winning streak in
professional football this season, and
WHEREAS, the Miami Dolphins lead the National Football
League in passing offense due to the leadership of their out-
standing quarterback Bob Greise, and
WHEREAS, the Miami Dolphins have the leading point scorer
in place kicker Garo Yepreimian and the leading rusher of the
American Football Conference in Larry Csonka, and
WHEREAS, the Miami Dolphins have been extremely for-
tunate in having Mr. Joe Robbie as President and managing
general partner, and
WHEREAS, Joe Robbie has proven himself to be a man
of unmatched perspicacity, boundless determination and endless
reservoir of strength and humor in the face of adversity, and
WHEREAS, the Miami Dolphins have made outstanding prog-
ress in just six seasons, have shown great achievement as a
professional team and have conducted themselves in the highest
professional manner, NOW THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida, the Senate Concurring:
That the Miami Dolphins professional football team is hereby
recognized and commended for its outstanding performance this
season, for the public praise and notice their achievements have
brought Florida, and for their contribution to professional ath-
letics, and Joe Robbie is also commended and congratulated for
his contributions to the success of the team.
BE IT FURTHER RESOLVED that a copy of this resolution,
signed by the Speaker of the House of Representatives and the
President of the Senate, with the great seal of the State of
Florida attached, be presented to the Miami Dolphins and fur-
ther that a copy of the resolution be spread upon the pages of
the Journals of the House of Representatives and the Senate as
a tangible token of the appreciation of the people of Florida.
-which was read the first time by title and HCR 34-D was
laid on the table.
On motions by Mr. Poole, the rules were waived and CS for
HCR 34-D was read the second time in full, adopted, and im-
mediately certified to the Senate.
Without objection, the rules were waived and the House
proceeded to the order of-

Introduction and Reference
By Representative Gustafson-
HB 54-D-A bill to be entitled An act relating to regulation
of traffic; amending Chapter 316, Florida Statutes, to provide
for provisions, maintenance and control of roads within local

64

JOURNAL OF THE HOUSE OF REPRESENTATIVES

governments; providing for enactment of ordinances to vest
jurisdiction of violations of this chapter in certain local courts;
providing for certain traffic court systems; providing penalties;
amending section 901.15, Florida Statutes, to provide for arrest
by a peace officer for offenses under Chapter 316; providing an
effective date.
-was placed in the Committee on Rules & Calendar.

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 7, 1971

Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Tuesday,
December 7, 1971, the consideration of the following bills:

HB 2-D-Governmental leasehold exemption
HB 43-D-Internal improvement fund
HB 30-D-Multistate tax compact
HB 52-D-Sales tax dealer discounts
HB 32-D-Cane pole fishing
HB 23-D-Special Election of Art. V
CS for HCR 34-D-Commending the Miami Dolphins

Your Committee further recommends for introduction the
following measures:
HB 24-D-Per diem and traveling expenses of public officers

A quorum of the Committee was present in person and a
majority of those agreed to the above Report.
Respectfully submitted,
Murray H. Dubbin
Chairman, Committee on
Rules & Calendar

On motion by Mr. Gustafson, HB 54-D was added to the
bills recommended for introduction.

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

Mr. Dubbin moved that HB's 24-D and 54-D be admitted for
introduction and consideration, the Speaker having ruled that
the measures were not within the purview of the Governor's
call.

Pending consideration thereof, Mr. Gustafson called for a
division of the question.

The question recurred on the divided motion that HB 24-D be
admitted for introduction and consideration, which was not
agreed to by the required Constitutional two-thirds vote.
Therefore, HB 24-D was not admitted for introduction and
consideration.

The question recurred on the divided motion that HB 54-D
be admitted for introduction and consideration, which was
agreed to by the required Constitutional two-thirds vote.
Therefore, HB 54-D was admitted for later introduction.

Consideration of the Special Order

HB 2-D-A bill to be entitled An act relating to tax ex-
emptions; amending subsections 196.012(5), 196.192(2) and
196.199(2) and (3), Florida Statutes, as created or amended by

chapter 71-133, Laws of Florida; limiting the exemption for
certain governmental leasehold interests; providing that prop-
erty used for predominantly exempt purposes be exempt to the
extent that such use bears to the total use; providing exemption
for governmental leasehold interests only when lessee thereof
uses the property exclusively for governmental purposes or
functions; providing incidental or occasional use for nonexempt
purposes not be included in the consideration of whether such
leaseholds qualify for exemption from ad valorem taxation; re-
pealing section 14 of chapter 71-133, Laws of Florida; amend-
ing chapter 71-309, Laws of Florida, by repealing section 3 and
adding a new subsection (4) to section 196.031, Florida Stat-
utes; providing an effective date.
-was taken up and read the second time by title.

The Committee on Finance & Taxation offered the following
amendment:
Amendment 1-On page 3, strike all of lines 13 through 20
and on line 21 the words "for nonexempt purposes." and in-
sert the following: from ad valorem taxation only when and
to the extent that the lessee uses the property to serve or to
perform a governmental, municipal or public purpose or func-
tion, as defined in section 196.012(5).
Mr. Ogden moved the adoption of the amendment, which was
adopted.

The Committee on Finance & Taxation offered the following
amendment:
Amendment 2-In title, strike all of lines 14 through 18 and
on line 19 the word "taxation:" and insert the following: the
property for governmental purposes or functions;
Mr. Ogden moved the adoption of the amendment, which was
adopted.

Representative Ogden offered the following amendment:
Amendment 3-On pages 4 and 5, strike all of sections 5 and
6 and renumber subsequent sections.
Mr. Ogden moved the adoption of the amendment, which was
adopted.

Representatives Reeves, Hess, Tobiassen, and Tyrrell offered
the following amendment:
Amendment 4-On page 4, between lines 19 and 20, insert the
following:
(7) That governmental authority within this state, created
under chapter 24500, Laws of Florida, 1947 and chapter 20336,
Laws of Florida, 1953, owning real property obtained by it by
conveyance from the United States Government which convey-
ance prohibits any sale or other conveyance of said real estate
or any portion thereof but which permits the leasing of same, as
lessor has created a leasehold estate or estates containing a
covenant on the part of such governmental authority as lessor
to give a credit or offset against the lease rental payment for all
or a portion of ad valorem taxes imposed by any unit of govern-
ment having taxing powers, said unit or authority shall grant a
similar credit to all leasehold estates granted by the govern-
mental unit or authority prior to June 1, 1971, whether or not
such covenant is contained in all the leases granting leasehold
estates. Any such covenant shall not prevent taxation of a lease-
hold estate by any taxing unit or authority.
Mr. Reeves moved the adoption of the amendment, which was
adopted.

Representatives Reeves, Tyrrell, Hess, and Tobiassen offered
the following amendment:
Amendment 5-On page 3, line 3, after "amended" insert the
following: and subsection (7) is added to said section
Mr. Reeves moved the adoption of the amendment, which was
adopted.

Representatives Reeves, Tyrrell, Hess, and Tobiassen offered
the following amendment:

December 7, 1971

66 JOURNAL OF THE HOUSE

Amendment 6-In title, line 6, after the word "Statutes,"
insert the following: and adding subsection (7) to section
196.199, Florida Statutes,
Mr. Reeves moved the adoption of the amendment, which was
adopted.

IE

Representatives Reeves, Tyrrell, Hess, and Tobiassen offered
the following amendment:
Amendment 7-In title, line 9, after "leasehold interests;"
insert the following: providing for procedures for taxation of
certain interests created prior to June 1, 1971;
Mr. Reeves moved the adoption of the amendment, which was
adopted.

Representative Ogden offered the following amendment:
Amendment 8-In title, strike all of lines 20 through 23 and
insert the following: Laws of Florida; providing an effective
date.
Mr. Ogden moved the adoption of the amendment, which
was adopted.

Representative MacKay offered the following amendment:
Amendment 9-On page 5, line 6, insert the following: Sec-
tion 7. If any section or subsection of this act should be found to
be unconstitutional, that finding shall not invalidate any other
section or subsection of this act.
Renumber subsequent section.
Mr. MacKay moved the adoption of the amendment, which
was adopted.

Representative MacKay offered the following amendment:
Amendment 10-In title, line 23, after the semi-colon insert
the following: providing for severability;
Mr. MacKay moved the adoption of the amendment, which
was adopted.

On motion by Mr. Ogden, the rules were waived and HB 2-D,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-93

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchiield
Blackburn
Brown
Burke
Caldwell
Carlucci
Chapman
Cherry
Clark, David
Conway
Crabtree
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle

Nays-4
Clark, J. R.

Featherstone
Firestone
Fleece
Fulford
Galien
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lane
Libertore

Moudry

MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Redman
Reeves
Renick
Rish
Robinson, J. W.
Sackett
Santora

Reed

Savage
Shaw
Sims
Singleton
Smith
Spicola
Stevens
Sweeny
Thomas
Tittle
Tobiassen
Tucker
Turlington
Tyrrell
Walker
Whitson
Wilson
Winn
Woodward
Yancey
Zinkil

Tillman

Representatives Gautier, Harris, Hazelton, Lancaster, Randell,
A. S. Robinson, Shreve, and Williamson were recorded as voting
Yea and Representative Elmore was recorded as voting Nay.

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

OF REPRESENTATIVES December 7, 1971

Abstain from Voting
I abstain from voting on HB 2-D on the basis that it may
create a conflict of interest.
Representative Louis Wolfson II

This memorandum shall serve to advise in accordance with
Rule 5.8 and 5.10 of my employment as a pilot with Eastern
Airlines. To avoid any conflict of interest, I excuse myself
from voting on HB 2-D.
Representative Russell E. Sykes

HB 43-D-A bill to be entitled An act relating to board of
trustees of the internal improvement fund; amending sections
253.01, 253.02(1), 253.03(2), 253.031(4), and 253.45(1), Florida
Statutes; repealing sections 270.12, 270.13, 270.14, 270.22, and
270.23, Florida Statutes; providing an appropriation; providing
an effective date.
-was taken up and read the second time by title.

Representative Craig offered the following amendment:
Amendment 1-On page 1, strike sections one through nine
of the bill, renumber section 10 accordingly, and insert the
following:
Section 1. There is hereby appropriated from the general
revenue fund to the board of trustees of the internal improve-
ment trust fund a lump sum of five hundred one thousand
one hundred ninety-eight dollars ($501,198) to pay salaries
and other operating expenses for the period beginning January
1, 1972, and ending June 30, 1972, such appropriation to be in
lieu of any unexpended balances remaining after December
31, 1971, in item 612 through 615, inclusive, of the general
appropriations act of the 1971 legislature, chapter 71-357,
Laws of Florida. There is further appropriated from the general
revenue fund for the fiscal year ending June 30, 1972, a lump
sum of four hundred eleven thousand dollars ($411,000) for
shoreline survey and mapping and topographic mapping, less
any amounts previously expended for these purposes from the
internal improvement trust fund from July 1, 1971, through
December 31, 1971.
Section 2. Subsection (6) of Section 253.02, Florida Stat-
utes, is added to read: 253.02 Board of Trustees; powers and
duties.-
(6) The internal improvement trust fund may be expended
solely and exclusively for the acquisition of land, and for
such incidental expenses as are directly related thereto.
Mr. Craig moved the adoption of the amendment, which was
adopted.

Representative Craig offered the following amendment:
Amendment 2-Strike the title and insert the following: An
act appropriating monies from the general revenue fund for
the use and benefit of the internal improvement trust fund;
providing for a reverter after December 31, 1971 of unex-
pended balances of appropriations from the internal improve-
ment operating trust fund; providing an appropriation for
shoreline survey and other mapping; adding subsection
253.02(6), Florida Statutes, to limit the use of the trust fund;
and providing an effective date.
Mr. Craig moved the adoption of the amendment, which was
adopted.

On motion by Mr. Harris, the rules were waived and HB 43-D,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-109
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown

Burke
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree

Craig
Crane
Culbreath
Danahy
Dixon
Dubbin
Earle
Elmore

Featherstone
Firestone
Fleece
Forbes
Fulford
Gallen
Gautier
Gibson

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane

Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Randell

Redman Tillman
Reed Tittle
Reeves Tobiassen
Renick Trombetta
Rish Tucker
Robinson, J. W. Turlington
Ryals Tyrrell
Sackett Walker
Santora Whitson
Savage Whitworth
Sessums Williamson
Shreve Wilson
Sims Winn
Singleton Wolfson
Smith Woodward
Spicola Yancey
Stevens Zinkil
Sweeny
Sykes
Thomas

Nays-None

Representative Shaw was recorded as voting Yea.

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

Presentation of Former Member
Representative Powell presented The Honorable James H.
Pruitt, former Member of the House from Brevard County.

HB 30-D-A bill to be entitled An act relating to taxation
and finance; repealing Articles III and IV of the Multistate
Tax Compact, section 213.15, Florida Statutes; providing an
effective date.
-was taken up and read the second time by title.

On motion by Mr. Turlington, the rules were waived and
HB 30-D was read the third time by title. On passage, the vote
was:

HB 52-D-A bill to be entitled An act relating to dealer's
allowances for collecting and remitting sales and use taxes to
the state; amending subsection (1) of section 212.12, Florida
Statutes, to reduce dealer's allowance for collection of sales
and use taxes; providing an effective date.
-was taken up and read the second time by title.

Pending consideration thereof, on motion by Mr. Reed, the
bill was laid on the table. The vote was:

Yeas-65

Alvarez
BlacKourn
Brown
Burke
Chapman
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Culbreath
Dixon
Earle
Forbes
Fulford
Gallen
Gibson

Nays-46
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Caldwell
Carlucci
Cherry
Conway
D'Alemberte
Danahy
Dubbin

Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hazelton
Hess
Hodes
Hollingsworth
Johnson
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald

Elmore
Featherstone
Firestone
Gautier
Gillespie
Harris
Hartnett
Hector
Holloway
Kershaw
Lane
MacKay

Miers Singleton
Milburn Smith
Mooney Stevens
Moudry Sweeny
Nease Sykes
Nergard Thomas
Poole Tillman
Poorbaugh Tobiassen
Randell Tubbs
Redman Tucxer
Reed Westberry
Rish Whitson
Robinson, A. S. Williamson
Robinson, J. W. Yancey
Sackett
Savage
Sims

Martinez
Meivin
Mixson
Murphy
Ogden
Powell
Renick
Ryals
Santora
Sessums
Shaw
Shreve

Spicola
Tittle
Trombetta
Turlington
Tyrrell
Whitworth
Wilson
Winn
Woodward
Zinkil

Yeas-108
Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece

Forbes
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
(ouL iitan
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay

Martinez Shaw
Matthews, H. Shreve
Mattox Sims
McDonald Singleton
Melvin Smith
Miers Spicola
Milburn Stevens
Mixson Sweeny
Mooney Sykes
Moudry Thomas
Murphy Tillman
Nease Tittle
Nergard Tobiassen
Ogden Trombetta
Poole Tucker
Poorbaugh Turlington
Powell Tyrrell
Randell Walker
Redman Westberry
Reed Whitworth
Renick Williamson
Rish Wilson
Robinson, J. W. Winn
Ryals Wolfson
Sackett Woodward
Santora Yancey
Savage Zinkil

Nays-1
Whitson

Representative Sessums was recorded as voting Yea.

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

Representative Walker was recorded as voting Yea, Repre-
sentative Wolfson was recorded as voting Nay, Representative
Mixson changed his vote from Nay to Yea, and Representative
Poorbaugh changed his vote from Yea to Nay.

Mr. Reed moved that the House reconsider the vote by which
HB 52-D was laid on the table. On motion by Mr. Culbreath,
the motion to reconsider was laid on the table. The vote was:

Yeas-65
Alvarez
Blackburn
Brown
Burke
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Culbreath
Dixon
Earle
Fleece
Forbes
Fulford
Gallen
Gibson

Nays-48
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Caldwell

Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hazelton
Hess
Hollingsworth
Johnson
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald
Miers

Carlucci
Chapman
Cherry
Conway
D'Alemberte
Danahy

Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Randell
Redman
Reed
Reeves
Robinson,
Robinson,
Savage
Sims
Singleton
Smith

Dubbin
Elmore
Featherstone
Firestone
Gautier
Gillespie

Stevens
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Tucker
Westberry
Whitson
Williamson
A. S. Woodward
J. W. Yancey
Zinkil

Harris
Hartnett
Hector
Hodes
Holloway
Kershaw

December 7, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Poorbaugh
Powell
Renick
Rish
Ryals
Santora

Sessums
Shaw
Shreve
Spicola
Tittle
Trombetta

Turlington
Tyrrell
Whitworth
Wilson
Winn
Wolfson

Representative Walker was recorded as voting Yea.

So HB 52-D was laid on the table.

HB 32-D-A bill to be entitled An act relating to game and
fresh water fish; amending section 372.57(4) (a), Florida Stat-
utes, as amended by chapter 70-26, Laws of Florida, exempt-
ing certain state residents from obtaining fishing licenses when
fishing with poles for noncommercial purposes; providing an
effective date.
-was taken up and read the second time by title.

Representative Elmore offered the following amendment:
Amendment 1-On page 2, strike all of lines 1 through 6 and
insert the following:
No license shall be required for residents of the state for
noncommercial purposes in the county of his residence
Mr. Elmore moved the adoption of the amendment. Pending
consideration thereof-

Mr. Chapman raised the point of order that the Governor's
Call prohibited the House from considering anything other than
repeal of the cane pole fishing license. The Speaker ruled he
felt the Governor had by implication redefined his use of
"repeal" by two subsequent communications on other items in
which the Governor stated he did not mean to exclude amend-
ment.

The question recurred on the adoption of Amendment 1.
Pending consideration thereof-

Representative Tucker offered the following substitute amend-
ment:
Substitute Amendment 1-On page 2, line 3, strike "with not
more than three poles or lines"
Mr. Tucker moved the adoption of the substitute amendment.

Pending consideration thereof, Mr. Harllee moved the pre-
vious question on the bill and all pending amendments, which
"was not agreed to. The vote was:

Yeas-31

Mr. Speaker
Andrews
Chapman
Cherry
Crabtree
D'Alemberte
Dubbin
Firestone

Nays-67
Alvarez
Baker
Baumgartner
Birchfield
Brown
Burke
Caldwell
Carlucci
Clark, David
Clark, J. R.
Conway
Craig
Crane
Dixon
Earle
Elmore
Featherstone

Forbes
Gallen
Grainger
Harllee
Hector
Hess
Johnson
Lane

Fleece
Fulford
Gautier
Gibson
Glisson
Gorman
Grizzle
Gustafson
Hartnett
Hazelton
Hollingsworth
Kershaw
Lancaster
MacKay
Martinez
Matthews, H.
Mattox

Miers
Ogden
Redman
Renick
Ryals
Santora
Singleton
Spicola

McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nergard
Poorbaugh
Powell
Reed
Rish
Robinson, A. S.
Robinson, J. W.
Sackett
Savage
Shaw

Sweeny
Tobiassen
Tucker
Turlington
Tyrrell
Wolfson
Zinkil

Sims
Smith
Sykes
Thomas
Tillman
Tittle
Trombetta
Tubbs
Walker
Westberry
Whitson
Whitworth
Wilson
Winn
Woodward
Yancey

Lane
MacKay
Martinez
Melvin
Ogden
Poole

The following Members were recorded present:

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Carlucci
Chapman
Cherry
Clark, David
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
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez

Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
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.

Continuation of Consideration of the Special Order

HB 32-D was taken up, having been read the second time
this morning and now pending on motion by Mr. Tucker to
adopt Substitute Amendment 1. Without objection, the substi-
tute amendment was withdrawn.

The question recurred on the adoption of Amendment 1 by
Mr. Elmore.

Pending consideration thereof, Mr. Reed moved that HB 32-D
be laid on the table, which was not agreed to. The vote was:

Yeas-50

Alvarez
Birchfield
Blackburn
Brown
Burke
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Culbreath
Dixon
Earle

Fulford
Gibson
Glisson
Gorman
Grainger
Hazelton
Johnson
Jones
Lancaster
Lane
Libertore
Matthews, H.
Mattox

McDonald
Miers
Mooney
Moudry
Murphy
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Robinson, A. S.

Sackett
Savage
Sims
Sykes
Thomas
Tillman
Tucker
Westberry
Whitson
Wliiani on
Wilson

Representatives Jones and Williamson were recorded as vot-
ing Nay.

The question recurred on the adoption of Substitute Amend-
ment 1. Pending consideration thereof-

Recess

On motion by Mr. Dubbin, the House recessed at 12:00 noon
to reconvene at 1:30 p.m. today.

AFTERNOON SESSION

The House was called to order by the Speaker at 1:30 p.m.

December 7, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-58
Mr. Speaker
Andrews
Baker
Baumgartner
Carlucci
Chapman
Cherry
Conway
D'Alemberte
Danahy
Dubbin
Elmore
Featherstone
Firestone
Fleece

Forbes
Fortune
Gallen
Gillespie
Harllee
Harris
Hector
Hess
Hodes
Hollingsworth
Holloway
Kershaw
MacKay
Martinez
Melvin

Milburn
Mixson
Reeves
Renick
Rish
Robinson, J.
Ryals
Santora
Sessums
Shaw
Shreve
Singleton
Smith
Spicola
Stevens

Sweeny
Tittle
Tobiassen
Trombetta
Tubbs
W. Tyrrell
Walker
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Mr. Chapman moved that the rules be waived and debate on
each amendment be limited to two minutes per side, which
was agreed to.

The question recurred on the adoption of Amendment 1,
which failed of adoption. The vote was:

Yeas-53

Alvarez
Andrews
Birchfield
Brown
Burke
Clark, David
Craig
Dixon
Earle
Elmore
Fleece
Fortune
Fulford
Glisson

Nays-58
Mr. Speaker
Baker
Baumgartner
Blackburn
Caldwell
Carlucci
Chapman
Cherry
Conway
Crabtree
Crane
Culbreath
D'Alemberte
Danahy
Dubbin

Grainger
Grizzle
Gustafson
Hazelton
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald
Melvin
Miers
Mooney
Moudry

Firestone
Gallen
Gibson
Gillespie
Gorman
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Kershaw

Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Reed
Rish
Robinson, A. S.
Robinson, J. W.
Sackett
Savage
Shreve

Lane
MacKay
Martinez
Milburn
Mixson
Ogden
Redman
Reeves
Renick
Ryals
Santora
Sessums
Singleton
Smith
Spicola

Sims
Sykes
Thomas
Tillman
Tubbs
Tucker
Walker
Whitson
Williamson
Wilson
Woodward

Stevens
Sweeny
Tittle
Tobiassen
Trombetta
Turlington
Tyrrell
Westberry
Whitworth
Winn
Wolfson
Yancey
Zinkil

Representative Elmore offered the following amendment:
Amendment 2-On page 2, line 5, strike "except on legally
established fish management areas." and insert a period after
"residence"

Mr. Elmore moved the adoption of the
was adopted. The vote was:
Yeas-60

Alvarez
Andrews
Birchfield
Brown
Burke
Caldwell
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Danahy
Dixon
Earle
Elmore

Fleece
Fulford
Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Hess
Jones
Lancaster
Lane
Libertore
Matthews, H.

Mattox
McDonald
Miers
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Reed
Rish

amendment, which

Robinson, A. S.
Sackett
Savage
Sims
Stevens
Sykes
Thomas
Tobiassen
Tubbs
Tucker
Walker
Westberry
Williamson
Woodward
Yancey

Nays-49
Mr. Speaker
Baker
Baumgartner
Blackburn
Carlucci
Chapman
Cherry
Conway
Culbreath
D'Alemberte
Dubbin
Featherstone
Firestone

Fortune
Gallen
Gillespie
Harllee
Harris
Hartnett
Hector
Hodes
Hollingsworth
Johnson
Kershaw
MacKay
Martinez

Melvin
Milburn
Ogden
Redman
Reeves
Renick
Ryals
Santora
Shreve
Singleton
Smith
Spicola
Sweeny

Tillman
Tittle
Trombetta
Turlington
Tyrrell
Whitworth
Wilson
Winn
Wolfson
Zinkil

Representative Holloway was recorded as voting Nay and
Representative Tubbs changed his vote from Yea to Nay.
Mr. Powell moved that the House reconsider the vote by
which Amendment 2 was adopted. On motion by Mr. Elmore,
the motion to reconsider was laid on the table. The vote was:
Yeas-65

Alvarez
Andrews
Birchfield
Brown
Burke
Caldwell
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Danahy
Dixon
Earle
Elmore
Fleece
Fulford

Nays-46
Mr. Speaker
Baker
Baumgartner
Blackburn
Carlucci
Chapman
Cherry
Conway
Culbreath
D'Alemberte
Dubbin
Featherstone

Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Hess
Jones
Lancaster
Lane
Libertore
MacKay
Matthews, H.
Mattox
McDonald
Miers

Firestone
Fortune
Gallen
Gillespie
Harllee
Harris
Hartnett
Hector
Hodes
Hollingsworth
Johnson
Kershaw

Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Rish
Robinson, A. S.
Sackett
Savage

Martinez
Melvin
Ogden
Reeves
Renick
Ryals
Santora
Sessums
Shreve
Singleton
Smith
Spicola

Sims
Stevens
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Tucker
Westberry
Whitson
Williamson
Wilson
Woodward
Yancey

Sweeny
Tittle
Trombetta
Turlington
Tyrrell
Walker
Whitworth
Winn
Wolfson
Zinkil

Representative Holloway was recorded as voting Nay and
Representative Tubbs changed his vote from Yea to Nay.

Representative Dixon offered the following amendment:
Amendment 3-On page 2, line 3, insert the following after
the word "lines": or a Zebco model 202 reel and a Zebco five-foot
six inch pole or any fishing equipment with a purchase price
of less than ten dollars ($10.00)
Mr. Dixon moved the adoption of the amendment, which
was adopted. The vote was:
Yeas-54

Alvarez
Baker
Birchfield
Brown
Burke
Clark, David
Clark, J., R.
Crabtree
Craig
Crane
Danahy
Dixon
Earle
Fulford

Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Hess
Johnson
Jones
Lancaster
Libertore
Matthews, H.
Mattox

McDonald
Miers
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Reed
Robinson, A. S.
Savage

Sims
Stevens
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Tucker
Westberry
Whitson
Williamson
Wilson

69

December 7, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-51
Mr. Speaker
Andrews
Baumgartner
Blackburn
Carlucci
Chapman
Cherry
Culbreath
D'Alemberte
Dubbin
Elmore
Featherstone
Firestone

Fleece
Fortune
Gallen
Gillespie
Harllee
Harris
Hartnett
Hector
Hollingsworth
Holloway
Kershaw
Lane
MacKay

Martinez
Melvin
Milburn
Mixson
Ogden
Redman
Reeves
Robinson, J.
Ryals
Sackett
Santora
Sessums
Shaw

Shreve
Singleton
Smith
Spicola
Sweeny
Trombetta
Tyrrell
W. Walker
Wolfson
Woodward
Yancey
Zinkil

Representative Renick was recorded as voting Nay.

Subsequently, Mr. Chapman moved that the House reconsider
the vote by which Amendment 3 was adopted.

Mr. Tucker called a point of order that Mr. Chapman did
not vote on the prevailing side and therefore was ineligible
to make the motion for reconsideration. Mr. Tucker raised
a further point of order that the bill, as amended, alters appro-
priations and should be recommitted to the Committee on
Appropriations. The Speaker ruled the point of order on Mr.
Chapman's motion well taken and he responded to the second
point of order by stating that the bill had already been in the
Committee on Appropriations and, exercising the Chair's dis-
cretion under Rule 8.7, felt it would be inappropriate to return
it to the committee at this time.

Mr. Johnson moved that the House reconsider the vote by
which Amendment 3 was adopted. Mr. Sims moved that the
motion to reconsider be laid on the table, which was not agreed
to. The vote was:

Yeas-49

Alvarez
Brown
Burke
Caldwell
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Dixon
Earle
Fulford
Gibson

Nays-64
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Carlucci
Chapman
Conway
Culbreath
D'Alemberte
Danahy
Dubbin
Elmore
Featherstone
Firestone

Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald
Miers

Fleece
Fortune
Gallen
Gautier
Gillespie
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Kershaw
Lane

Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Robinson, A. S.
Sackett

MacKay
Martinez
Melvin
Milburn
Mixson
Ogden
Renick
Rish
Robinson,
Ryals
Santora
Sessums
Shaw
Shreve
Singleton
Smith

The question recurred on the motion
was agreed to. The vote was:

Yeas-65

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield

Blackburn
Carlucci
Chapman
Cherry
Conway

Culbreath
D'Alembei
Danahy
Dubbin
Elmore

Savage
Sims
Sykes
Thomas
Tillman
Tucker
Westberry
Whitson
Williamson
Wilson

Spicola
Stevens
Sweeny
Tittle
Tobiassen
Trombetta
Tubbs
Turlington
J. W. Tyrrell
Walker
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

to reconsider, which

Featherstone
rte Firestone
Fleece
Fortune
Gallen

Gautier
Gillespie
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Kershaw

Nays-50
Alvarez
Brown
Burke
Caldwell
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Dixon
Earle
Fulford
Gibson

Lane Santora
MacKay Sessums
Martinez Shaw
Melvin Shreve
Milburn Singleton
Mixson Smith
Ogden Spicola
Reeves Sweeny
Renick Tittle
Rish Tobiassen
Robinson, J. W. Trombetta
Ryals Tubbs

Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Jones
Lancaster
Libertore
Matthews, H.
Mattox
McDonald
Miers

Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Robinson, A.
Sackett

The question recurred on the adoption
which failed of adoption. The vote was:

Yeas-47
Alvarez
Brown
Burke
Caldwell
Clark, David
Clark, J. R.
Crabtree
Craig
Crane
Dixon
Earle
Fulford

Nays-66
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Carlucci
Cnapman
Cherry
Conway
Culbreath
D'Alemberte
Danahy
Dubbin
Elmore

Featherstone
Firestone

Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Jones
Lancaster
Libertore
Matthews, H.
Mattox

Fleece
Fortune
Gallen
Gautier
Gillespie
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Kershaw
Lane
MacKay

McDonald
Miers
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Reed

Martinez
Melvin
Milburn
Mixson
Ogden
Redman
Reeves
Renick
Rish
Robinson,
Ryals
Santora
Shaw
Shreve
Singleton
Smith
Spicola

Turlington
Tyrrell
Walker
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Savage
Sims
Stevens
Sykes
Thomas
Tillman
Tucker
Westberry
Whitson
Williamson
Wilson
S.

of Amendment 3,

Robinson, A. S.
Savage
Sims
Sykes
Thomas
Tillman
Tucker
Westberry
Whitson
Williamson
Wilson

Stevens
Sweeny
Tittle
Tobiassen
Trombetta
Tubbs
Turlington
Tyrrell
Walker
J. W. Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Representative Shaw offered the following amendment:
Amendment 4-On page 2, line 3, strike "three poles or
lines" and insert the following: one pole or line
Mr. Shaw moved the adoption of the amendment. Subse-
quently, without objection the amendment was withdrawn.

Mr. Reed moved that HB 32-D be laid on the table.

The absence of a quorum was suggested. A quorum of 111
Members was present.

The question recurred on the motion to lay HB 32-D on the
table, which was not agreed to. The vote was:

December 7, 1971

December 7, 1971 JOURNAL

Yeas-53
Alvarez Gibson Miers
Birchfield Glisson Milburn
Blackburn Gorman Mooney
Brown Grainger Moudry
Burke Grizzle Murphy
Clark, David Gustafson Nease
Clark, J. R. Hazelton Nergard
Crabtree Johnson Poole
Craig Jones Poorbaugh
Crane Lancaster Powell
Culbreath Libertore Randell
Dixon Matthews, H. Redman
Earle Mattox Reed
Fulford McDonald Robinson, A.

Nays-58
Mr. Speaker Fortune Melvin
Andrews Gallen Mixson
Baker Gillespie Ogden
Baumgartner Harllee Renick
Carlucci Harris Rish
Chapman Hartnett Roonson, J. V
Cherry Hector Ryals
Conway Hess Santora
D'Alemberte Hodes Sessums
Danahy Hollingsworth Shaw
Dubbin Holloway Singleton
Elmore Kershaw Smith
Featherstone Lane Spicola
Firestone MacKay Stevens
Fleece Martinez Sweeny

Mr. Fortune moved the previous question c
was agreed to.

Mr. Kershaw moved that the rules be wai
as amended, be read a third time by title, wh:
to by two-thirds vote.

HB 32-D was ordered engrossed.

Recess

On motion by Mr. Dubbin, the House rec
to reconvene upon call of the Speaker.

Reconvened

The House was called to order by the Sp

A quorum was present.

Communications

The following communication was read:

PROCLAMATION
State of Florida
Office of the Governor
Tallahassee
(Second Amendment to Proclamation dated
WHEREAS, on the 24th day of November
tion was issued convening a special sessi
Legislature commencing on the 29th day c
and
WHEREAS, on the 29th day of November
tion was issued amending the Proclamationr
1971, and

WHEREAS, by letters dated December
delivered to the respective presiding office<
Senate and House of Representatives, subpa
(d) of the Proclamation of November 24,
were clarified, and

OF THE HOUSE OF REPRESENTATIVES 71

WHEREAS, it is necessary and in the best interest of the
State to further amend the Proclamation of November 24, 1971,
Sackett in order to expand the call of the special session so that the
Savage Legislature may consider the important legislative business set
Sims forth below.
Sykes
Thomas NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor
Tillman of the State of Florida, in obedience to my constitutional duty
Tucker and by virtue of the power and authority vested in me by
Westberry Section 3, Article III, Constitution of Florida (1968), do hereby
Whitson proclaim as follows:
Wilson 1. That Paragraph 2 of the Proclamation of November 24,
1971, as amended, is further amended to read:

S. "2. That the Legislature is convened for the sole purpose of
considering legislation relating to:
(a) Implementation, including necessary appropriations, of
a tax on the net income of corporations and other artificial
Tittle entities;
Tobiassen
Trombetta (b) Amendment of the law providing an allowance for
Tubbs compensation to agents affixing cigarette stamps and collect-
Turlington ing state tax;
Walk. er (c) Amendment of the law(s) providing discounts and
Whitworth credits on beverage taxes to wine manufacturers and dis-
Winn tributors of malt beverages and beer, and providing an al-
Wolfson lowance to distributors of spirituous beverages;
Woodward (d) Repeal or amendment of the law providing the dealer's
Yancey credit for collecting sales tax;
Zinkil
(e) Extension of existing municipal operating millages in
excess of the constitutional and statutory 10 mill ad valorem
tax limit;
Dn HB 32-D, which (f) Providing an exemption from state sales and use taxes
for sales of utilities to residential households;

lived and HB 32-D, (g) Providing an exemption from the state transient
ich was not agreed rentals tax for rentals of buildings intended primarily for
lease or rent to persons as their principal or permanent place
of residence;
(h) Repeal or amendment of the law(s) providing the
motor vehicle fuels dealer discounts, reduction of the shrink-
age allowance, and elimination or reduction of certain special
fuels dealer discounts;
essed at 2:35 p.m. (i) Reduction of the occupational license tax imposed pur-
suant to Chapter 205, F.S., to one-third of the amount
presently provided for therein, and imposition of a limit
on municipal occupational licenses;
(j) Joint resolution relating to the revision of Article V
eaker at 3:20 p.m. of the Florida Constitution;
(k) Implementation and funding of a minimum foundation
program for local law enforcement;
(1) Regulation of certain outdoor advertising and junk-
yards and such other matters as may be required to comply
with the Highway Beautification Act of 1965 and Title 23,
United States Code;
(m) Repeal or amendment of the law providing an ad
valorem tax exemption of property leased from governmental
units by non-governmental lessees;
(n) An appropriation to the Board of Trustees of the
Internal Improvement Fund for a period from January 1,
1972, to June 30, 1972, to pay salaries or other operating
S2, expenses and to repay a loan for repairs to the Capitol;
November 24, 1971)
, 1971, a Proclama- (o) Repeal of Section 372.54(4) (a), Florida Statutes, re-
on of the Florida lating to the cane pole fishing license and exempting, under
f Nove mber 1971 prescribed conditions, state residents from obtaining fishing
r 11 licenses;

1971, a Proclama- (p) Correction of alleged constitutional defects of Chapter
of November 24, 70-20, Florida Statutes, "Florida Insurance Guaranty Associa-
tion Act";

3 and 6, 1971, and (q) Providing procedures to be used by tax assessors in
ers of the Florida assessing property;
ragraphs 2(m) and
1971, as amended, (r) Providing standards for the assessment ratio study
conducted by the auditor general;

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(s) Amendment of Chapter 71-135, Laws of Florida, "Flori-
da Uniform Traffic Control Law";
(t) Joint resolution amending or revising Article VII,
Florida Constitution, to authorize the state to issue revenue
bonds without a vote of the electors to finance or refinance an
educational loan fund;
(u) Implementation subject to the approval by the electors
of the amendment or revision referred to in "(t)" above, of
a student loan program funded by revenue bonds issued
pursuant to Article VII as amended or revised;
(v) Providing an emergency appropriation to the Governor
of Florida for the purpose of preventing or alleviating
drought conditions in Central and South Florida;
(w) Repeal of the law providing the ad valorem tax
credit on the insurance premium tax allowed to insurance
companies having regional home offices located in Florida;
(x) Providing for an increase in the level of payments for
eligible medicaid recipients receiving nursing home services,
and providing for an emergency appropriation;
(y) Amendment to Chapter 199, Florida Statutes, provid-
ing for the repeal of the intangible tax on "Class 'A'" in-
tangibles;
(z) Providing for a special election for submission to the
electors of Florida of the proposed amendments) and/or
revision(s) of Article V and/or Article VII of the Florida
Constitution."
2. Except as amended by this Proclamation and the Procla-
mation of the Governor dated November 29, 1971, and clarified
by the above-described letters to the presiding officers of the
Florida Senate and House, the Proclamation of the Governor
dated November 24, 1971, is ratified and confirmed.
IN TESTIMONY WHEREOF, I
have hereunto set my hand and
caused the Great Seal of the State of
Florida to be affixed at Tallahassee,
the Capitol, this 7th day of December,
__ 1971.
REUBIN O'D ASKEW
Governor
ATTEST:
RICHARD (DTCK) STONE
Secretary of State

Waiver of Rule 6.2
On motion by Mr. Gautier, the rules were waived requiring
two hours notice of committee meetings for bills before the
Committees on Finance & Taxation and Appropriations, includ-
ing repeal of Class A intangible tax; millage cap; corporate
filing procedure; elections-non-partisan judges; student loans;
alleviating drought; minimum foundation for police; medical
care programs; nursing homes; municipal data reporting; sales
ratio study; mass data; and alcoholic beverage license taxes.
The vote was:

Yeas-76

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Burke
Caldwell
Carlucci
Chapman,
Cherry
Clark, J. R.
Conway
Crane
Culbreath
D'Alemberte
Danahy
Dubbin

Elmore
Featherstone
Firestone
Forbes
Fortune
Fulford
Gallen
Gautier
Gillespie
Glisson
Grainger
Gustafson
Harllee
Harris
Hartnett
Hector
Hess
Hodes
Holloway

Johnson
Jones
Kershaw
Lane
Libertore
MacKay
Martinez
McDonald
Melvin
Milburn
Nergard
Ogden
Poole
Poorbaugh
Powell
Redman
Reeves
Renick
Rish

Robinson, J. W.
Ryals
Sackett
Santora
Sessums
Shreve
Singleton
Spicola
Stevens
Sweeny
Tittle
Trombetta
Tucker
Turlington
Tyrrell
Whitworth
Winn
Woodward
Yancey

Nays-36
Brown
Clark, David
Crabtree
Craig
Dixon
Earle
Fleece
Gibson
Gorman

Grizzle
Hazelton
Hollingsworth,
Lancaster
Matthews, H.
Miers
Moudry
Murphy
Nease

Randell
Reed
Robinson, A. S.
Savage
Shaw
Sims
Smith
Sykes
Thomas

Tillman
Tobiassen
Tubbs
Walker
Westberry
Whitson
Williamson
Wilson
Wolfson

Mr. Dubbin moved that the House recess upon completion of
Introduction and Reference to reconvene at 6:00 p.m. today,
which was agreed to.

Introduction and Reference

By the Committee on Education-
HJR 46-D-A Joint Resolution Amending Article VII of the
Constitution of the State of Florida by adding a new Section 15
thereto; permitting the issuance, when authorized by law, of
revenue bonds to establish a fund to make loans to students
admitted to attend public or private institutions of higher learn-
ing, junior colleges, or health related training institutions, or
public vocational training centers; providing that such revenue
bonds shall be secured by a pledge of and shall be payable
primarily from payments of interest, principal, and handling
charges to such fund from the recipients of the loans and, if
authorized by law, may be additionally secured by student fees
and by any other moneys in such fund; providing for the estab-
lishment of a reserve account from the proceeds of the revenue
bonds sufficient to pay the debt service requirements in any
ensuing state fiscal year; and, providing that moneys in such
fund not needed for debt service or maintenance of the reserve
account may be used for educational grants or other related
purposes as provided by law.
-was read the first time and referred to the Committees on
Finance & Taxation and Appropriations.

By Representatives Shreve, Spicola, A. S. Robinson, Gustaf-
son, Trombetta, Sykes, David Clark, Crane, and Hazelton-
HB 51-D-A bill to be entitled An act relating to environ-
mental protection; providing an emergency appropriation to the
Governor of the State of Florida for the purpose of preventing
and nlleviatin- drought conditions in Central and Southern
Florida; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Gustafson-
HB 54-D-A bill to be entitled An act relating to regulation
of traffic; amending Chapter 316, Florida Statutes, to provide
for provisions, maintenance and control of roads within local
governments; providing for enactment of ordinances to vest
jurisdiction of violations of this chapter in certain local courts;
providing for certain traffic court systems; providing penalties;
amending section 901.15, Florida Statutes, to provide for arrest
by a peace officer for offenses under Chapter 316; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Transnortation, consent for its introduction by the
required Constitutional two-thirds vote having been given earli-
er.

By Representative Hector-

HB 55-D-A bill to be entitled An act authorizing and em-
powering the state, its departments, agencies, political subdivi-
sions and legislatively established port and airport authorities
to comply with the provisions of the federal Relocation As-
sistance and Real Property Acquisition Policies Act of 1970 in
connection with public projects for which federal funds are
available and used.
-was placed in the Committee on Rules & Calendar.

72

December 1, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By the Committee on Appropriations-
HB 56-D-A bill to be entitled An act relating to corporation
income tax administration; directing the department of revenue
to implement administration of a corporation income tax when
enacted; authorizing employment of contractual services; pro-
viding an appropriation; providing an effective date.
-was read the first time by title and placed on the Rules
Calendar.

By Representatives Tucker, Dubbin, Reed, and Firestone-
HB 57-D-A bill to be entitled An act relating to public of-
ficers and employees; amending 112.061(6), Florida Statutes,
relating to the rates of per diem and subsistence allowance, to
provide that the maximum per diem allowance shall be twenty-
five dollars ($25) for all public officers, employees, and other
persons authorized to travel at public expense; providing an
effective date.
-was placed in the Committee on Rules & Calendar.

By the Committee on Finance & Taxation-
HB 58-D-A bill to be entitled An act relating to local govern-
ment finance; establishing a division of local finance within
the department of community affairs; requiring financial re-
ports by local governments; providing for suspension of pay-
ments to local governments which fail to comply; providing
that failure to comply shall constitute misfeasance or non-
feasance in office; transferring duties of department of ad-
ministration relating to local finance to the division of local
finance; requiring an interim report; authorizing transfer of
funds within the department of community affairs; providing
an effective date.
-was placed in the Committee on Rules & Calendar.

By the Committee on Finance & Taxation-
HB 59-D-A bill to be entitled An act relating to taxation;
amending chapter 192. Florida Statutes, by creating new sec-
tion 192.012, Florida Statutes, to provide that the assessment
ratio study conducted by the auditor general shall be conducted
only on real property; providing an effective date.
-was read the first time by title and placed on the Rules
Calendar.

By the Committee on Finance & Taxation-
HB 60-D-A bill to be entitled An act relating to taxation;
providing for procedures to be used by tax assessors in assess-
ing property; providing an effective date.
-was read the first time by title and placed on the Rules
Calendar.
HB 61-D-Withdrawn
By the Committee on Finance & Taxation-
HB 62-D-A bill to be entitled An act relating to ad valorem
taxation; amending subsection 200.131(1), Florida Statutes, to
extend municipal operating millages over 10 mills until April
1, 1972; providing an effective date.
-was read the first time by title and placed on the Rules
Calendar.

Recess
Pursuant to the motion previously adopted, the House re-
cessed at 4:02 p.m. to reconvene at 6:00 p.m. today.

Reconvened

The House was called to order by the Speaker at 6:00 p.m.
The following Members were recorded present:

Mr. Speaker
Andrews
Baker
Baumgartner

Birchfield
Blackburn
Brown
Burke

Caldwell
Carlucci
Chapman
Cherry

Clark, David
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
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry

Murphy
Nease
Nergard
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
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil

A quorum was present.

Without objection, the rules
verted to the order of-

Messages from the Senate

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

were waived and the House re-

December 7, 1971

Sir:
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-

By Senators Graham and Horne-
SB 36-D-A bill to be entitled An act relating to corpora-
tions; prohibiting a corporation during the period it is a pri-
vate foundation under the Internal Revenue Code, 26 U.S.C.,
as in effect on the effective date of this act, from engaging
in any act of self-dealing, from retaining any excess business
holdings, from making any investment which would jeopardize
the carrying out of any of the exempt purposes of the corpora-
tion, and from making any expenditure which gives rise to
federal income taxation; requiring the corporation to make
certain distributions to avoid liability for tax; providing limited
application of this act upon judicial determination that same
is contrary to a corporation's governing instruments; providing
the rights and powers of the courts and of the department of
legal affairs are not impaired; providing an effective date.

By Senator Weissenborn and others-
SB 37-D-A bill to be entitled An act relating to farm labor;
amending sub-section (3) of section 5, chapter 71-234, Laws of
Florida, providing that the payment of the required twenty-
five dollar ($25.00) registration fee from the farm labor con-
tractor to the farm labor and rural manpower service shall be
deposited in a trust fund in the state treasury and utilized
for administration of the act.

-and requests the concurrence of the House therein.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

SB's 36-D and 37-D, contained in the above message, were
placed in the Committee on Rules & Calendar.

Recess

The House stood in informal recess at 6:19 p.m.

December 7, 1971

73

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Reconvened

The House was called to order by the Speaker at 6:42 p.m.

A quorum was present.

Reports of Standing Committees

The Committee on Criminal Justice recommends a committee
substitute for the following:
HB 38-D
The bill with committee substitute was referred to the Com-
mittee on Appropriations.

The Committee on Appropriations recommends the following
pass: CS/HB 20-D, with Amendments (fiscal note attached)
The bill was placed on the Rules Calendar.

The Committee on Elections recommends the following pass:
HB 41-D, with amendment
The bill was placed on the Rules Calendar.

The Committee on Transportation recommends the following
pass:
HB 54-D
The bill was placed on the Rules Calendar.

The Committee on Transportation recommends the following
pass:
HCR 15-D
The bill was referred to the Committee on Appropriations.

The Committee on Finance & Taxation recommends the fol-
lowing pass:
HB 35-D (fiscal note attached)
The bill was referred to the Committee on Appropriations.

The Committee on Finance & Taxation recommends the fol-
lowing pass:
HJR 46-D
The bill was referred to the Committee on Appropriations.

The Committee on Appropriations recommends the following
pass:
HJR 46-D, with amendments (fiscal note attached)
HB 51-D with amendment (fiscal note attached)
HB 39-D (fiscal note attached)
HB 35-D (fiscal note attached)
CS/HB 38-D (fiscal note attached)
The bills were placed on the Rules Calendar.

The Committee on Appropriations recommends a committee
substitute for the following:
HB 40-D (fiscal note attached)
The bill with committee substitute was placed on the Rules
Calendar.

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 7, 1971

Sir:
Your Committee on Rules & Calendar herewith submits as the
Special and Continuing Order Calendar under Rule 8.16 for
Tuesday, December 7, 1971, the consideration of the following
bills:

HB 59-D-Ratio study
HB 60-D-Mass data assessment
CS for HB 40-D-Medical care program
HB 41-D-Nonpartisan elections
HB 54-D-Uniform traffic
HB 51-D-Alleviating drought
HJR 46-D-Student loan
HB 63-D-Student loan implementing legislation
CS for HB 20-D-Annual corporation filing fee
HB 35-D-Alcoholic beverage license taxes
HB 56-D-Corporate income tax registration
CS for HB 38-D-Criminal; Minimum foundation fund
Upon final passage of HJR 11-D, your Committee further
recommends consideration of HB 23-D.

Your Committee further recommends for introduction the
following measures:
HB 57-D-Per diem and expenses
HB 58-D-Municipal data collection
HJR 48-D-48 member Senate

A quorum of the Committee was present in person and a
majority of those 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.

On motion by Mr. Dubbin, consented to by the required Con-
stitutional two-thirds vote, HB 57-D was admitted for later
introduction, the Speaker having ruled that the measure was
not within the purview of the Governor's call.

On motion by Mr. Dubbin, consented to by the required Con-
stitutional two-thirds vote, HB 58-D was admitted for later
introduction, the Speaker having ruled that the measure was
not within the purview of the Governor's call. The vote was:

Yeas--74
Mr. Speaker
Baker
Baumgartner
Birchfield
Blackburn
Caldwell
Carlucci
Cherry
Conway
Crabtree
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Featherstone
Firestone
Fortune
Gallen

Gautier
Gillespie
Gorman
Grainger
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Holloway
Johnson
Jones
Kershaw
Lane
Libertore
MacKay

Martinez
Mattox
Melvin
Milburn
Nease
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Ryals
Sackett
Santora
Sessums
Singleton

Spicola
Stevens
Sweeny
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
Tyrrell
Walker
Whitworth
Wilson
Winn
Wolfson
Yancey

December 7, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mooney Smith
Moudry Sykes
Murphy Whitson
Nergard Williamson
Rish Woodward
Robinson, J. W. Zinkil
Savage
Shaw
Sims

Representative Shreve was recorded as voting Yea.

On motion by Mr. Wilson, consented to by the required Con-
stitutional two-thirds vote, HJR 48-D was admitted for later
introduction, the Speaker having ruled that the measure was
not within the purview of the Governor's call. The vote was:
Yeas-72

Baumgartner
Blackburn
Brown
Burke
Caldwell
Carlucci
Chapman
Clark, David
Conway
Craig
Crane
Culbreath
Danahy
Elmore
Fleece
Forbes
Fortune
Fulford

Nays-34
Mr. Speaker
Baker
Birchfield
Cherry
Crabtree
Dixon
Dubbin
Earle
Featherstone

Gallen
Gillespie
Gorman
Grizzle
Gustafson
Harllee
Hazelton
Hector
Hess
Hodes
Hollingsworth
Jones
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.

Firestone
Gautier
Gibson
Grainger
Harris
Hartnett
Holloway
Johnson
Kershaw

Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Nease
Nergard
Ogden
Powell
Randell
Redman
Reeves
Rish
Robinson, J. W.
Ryals
Santora

Murphy
Poole
Poorbaugh
Reed
Renick
Robinson, A. S.
Sackett
Singleton
Smith

Savage
Shaw
Sims
Spicola
Stevens
Sykes
Tillman
Tobiassen
Tucker
Turlington
Tyrrell
Walker
Whitson
Williamson
Wilson
Winn
Woodward
Yancey

Thomas
Tittle
Trombetta
Tubbs
Whitworth
Wolfson
Zinkil

Consideration of the Special Order

HB 59-D-A bill to be entitled An act relating to taxation;
amending chapter 192, Florida Statutes, by creating new sec-
tion 192.012, Florida Statutes, to provide that the assessment
ratio study conducted by the auditor general shall be conducted
only on real property; providing an effective date.
-was taken up. On motion by Mr. Harris, the rules were
waived and HB 59-D was read the second time by title.

On motion by Mr. Harris, the rules were waived and HB
59-D was read the third time by title. The vote was:

Yeas-79

Mr. Speaker
Baker
Baumo'artner
Birchfield
Blackburn
Brown
Caldwell
Carlucci
Chapman
Cherry
Clark, David
Conway
Craig
Crane

Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Featherstone
Firestone
Fleece
Fortune
Galien
Gautier
Gillespie
Gorman

Grainger
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Holloway
Kershaw
Lane
Libertore
MacKay
Martinez
McDonald

Melvin
Milburn
Mixson
Mooney
Nease
Ogden .
Poorbaugh
Powell
Redman
Reed
Reeves
Renick
Robinson, J. W.
Ryals

Nays-33
Brown
Burke
Chapman
Clark, David
Craig
Crane
Earle
Elmore
Fleece

Spicola
Stevens
Sweeny
Sykes
Thomas
Tittle

Sackett
Santora
Sessums
Shreve
Sims
Singleton

Nays-28
Burke
Crabtree
Elmore
Fulford
Gibson
Grizzle
Gustafson

Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell

Forbes
Fulford
Gibson
Grizzle
Hollingsworth
Lancaster
Matthews, H.
McDonald
Mixson

Whitworth
Winn
Wolfson
Woodward
Yancey

Shaw
Smith
Tillman
Walker
Williamson
Wilson
Zinkil

On passage of HB 59-D, the vote was:

Yeas-82

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Caldwell
Carlucci
Chapman
Cherry
Conway
Craig
Crane
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Elmore
Featherstone

Nays-27
Burke
Clark, David
Crabtree
Gallen
Glisson
Grizzle
Harllee

Firestone
Fleece
Forbes
Fortune
Fulford
Gautier
Gibson
Gillespie
Gorman
Grainger
Gustafson
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Holloway
Jones
Kershaw
Lane

Hollingsworth
Johnson
Lancaster
Matthews, H.
Mattox
Moudry
Nergard

Libertore
MacKay
Martinez
McDonald
Melvin
Milburn
Mixson
Mooney
Murphy
Nease
Ogden
Poole
Powell
Redman
Reed
Renick
Rish
Ryals
Sackett
Santora
Sessums

Poorbaugh
Randell
Reeves
Robinson, A. S.
Savage
Smith
Tillman

Shaw
Shreve
Sims
Singleton
Spicola
Stevens
Sweeny
Sykes
Thomas
Tittle
Tobiassen
Trombetta
Turlington
Tyrrell
Whitworth
Williamson
Winn
Wolfson
Yancey

Tubbs
Walker
Whitson
Wilson
Woodward
Zinkil

Representative J. W. Robinson was recorded as voting Yea.

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

Notice

At 7:00 p.m. Mr. Gautier gave fifteen minutes notice of his
intention to request unanimous consent to take up CS for HB
38-D out of its regular order.

HB 60-D-A bill to be entitled An act relating to taxation;
providing for procedures to be used by tax assessors in assess-
ing property; providing an effective date.
-was taken up. On motions by Mr. Ogden, the rules were
waived and HB 60-D was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-100

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown

Burke
Carlucci
Chapman
Cherry
Clark, David
Conway
Crabtree

Craig
Crane
Culbreath
Danahy
Dixon
Dubbin
Earle

Elmore
Featherstone
Firestone
Fleece
Forbes
Fortune
Fulford

Harilee
Hollingsworth
Johnson
Lancaster
Matthews, H.
Mattox
Moudry

Murphy
Nergard
Poole
Randell
Rish
Robinson, A. S.
Savage

December 7, 1971

75

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kershaw

Nays--6
Gallen
Harllee

Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh

Thomas
Whitson

Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Santora
Savage
Sessums
Shreve
Sims
Singleton
Smith

Spicola
Stevens
Sweeny
Sykes
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Turlington
Tyrrell
Walker
Whitworth
Wilson
Winn
Wolfson
Woodward
Yancey

Williamson Zinkil

Representative Tucker was recorded as voting Yea.

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

HB 40-D was taken up, together with:

By the Committee on Appropriations-
CS for HB 40-D-A bill to be entitled An act relating to the
department of health and rehabilitative services, division of
family services, making a supplemental appropriation; provid-
ing additional moneys for the remainder of the 1971-72 fiscal
year, to pay cost of certain medical care programs; providing
an effective date.
-which was read the first time by title and HB 40-D was
laid on the table.

On motion by Dr. Hodes, the rules were waived and CS for
HB 40-D was read the second time by title.

Representative Fortune offered the following amendment:
Amendment 1-On page 2, line 2, after the comma insert the
following: provided that under no circumstances shall the total
amount of money available from the state and county together
exceed three hundred and seventy-five dollars ($375.00),
Mr. Fortune moved the adoption of the amendment, which
was adopted.

Representative Fortune offered the following amendment:
Amendment 2-On page 2, line 8, after the comma insert the
following: provided that under no circumstances shall the total
amount of money available from the state and county together
exceed three hundred dollars ($300.00),
Mr. Fortune moved the adoption of the amendment, which was
adopted.
On motion by Dr. Hodes, the rules were waived and CS for
HB 40-D, as amended, was read the third time by title. On
passage, the vote was:

Yeas-107

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Clark, David

Conway
Crabtree
Craig
Culbreath
D'Alemberte
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone

Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle

Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kershaw

Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nease

Nergard
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
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
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Zinkil

Nays-1
Reeves

Representative Crane was recorded as voting Yea.

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

HB 41-D-A bill to be entitled An act relating to the non-
partisan election of certain justices and judges; amending 2
of chapter 71-49, Laws of Florida, to provide that the first
and second nonpartisan elections shall be held at the time of
the second primary election and the general election, respec-
tively; providing an effective date.
-was taken up. On motion by Mr. Martinez, the rules were
waived and HB 41-D was read the second time by title.

The Committee on Elections offered the following amend-
ment:
Amendment 1-On page 1, line 28, strike "Section 3." and
insert the following: Section 2.
Mr. Martinez moved the adoption of the amendment, which
was adopted.

On motion by Mr. Martinez, the rules were waived and HB
41-D, as amended, was read the third time by title. On passage,
the vote was:

Yeas-79

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Cherry
Conway
Craig
Culbreath
Danahy
Dubbin
Elmore
Featherstone
Firestone
Forbes
Fortune

Nays-29
Chapman
Clark, David
Crabtree
Dixon
Earle
Fleece
Gallen
Gibson

Fulford
Gautier
Gillespie
Glisson
Grainger
Gustafson
Harris
Hartnett
Hector
Hess
Hodes
Hollingsworth
Holloway
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez

Gorman
Grizzle
Harllee
Hazelton
Johnson
Matthews, H.
Mooney
Moudry

Mattox Shaw
McDonald Shreve
Melvin Singleton
Milburn Spicola
Mixson Stevens
Murphy Sweeny
Nergard Tittle
Ogden Trombetta
Poole Tubbs
Poorbaugh Tucker
Randell Turlington
Redman Tyrrell
Reeves Walker
Renick Whitworth
Rish Wilson
Robinson, J. W. Winn
Ryals Wolfson
Sackett Woodward
Santora Zinkil
Sessums

Nease
Powell
Reed
Robinson, A. S.
Savage
Sims
Smith
Sykes

Thomas
Tillman
Tobiassen
Whitson
Williamson

76

December 7, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representatives Crane and Yancey were recorded as voting
Yea.

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

HB 54-D-A bill to be entitled An act relating to regulation
of traffic; amending Chapter 316, Florida Statutes, to provide
for provisions, maintenance and control of roads within local
governments; providing for enactment of ordinances to vest
jurisdiction of violations of this chapter in certain local courts;
providing for certain traffic court systems; providing penalties;
amending section 901.15, Florida Statutes, to provide for arrest
by a peace officer for offenses under Chapter 316; providing an
effective date.
-was taken up. On motion by Mr. Gustafson, the rules were
waived and HB 54-D was read the second time by title and the
third time by title.

On motion by Mr. Gallen, the House reconsidered the vote
by which HB 54-D was placed on third reading, and the bill
was placed on second reading. The vote was:

Yeas-52

Andrews
Baker
Baumgartner
Blackburn
Brown
Burke
Cherry
Conway
Craig
Crane
Culbreath
Danahy
Featherstone

Nays-41
Mr. Speaker
Birchileld
Caldwell
Carlucci
Chapman
Clark, David
Dixon
Earle
Elmore
Firestone
Fleece

Fortune
Fulford
Gallen
Gillespie
Gorman
Harllee
Hollingsworth
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore

Forbes
Gautier
Gibson
Grainger
Grizzle
Gustafson
Harris
Hartnett
Hazelton
Holloway
Matthews, H.

MacKay
Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Nergard
Randell
Redman
Rish
Robinson, A. S.

Murphy
Nease
Poole
Poorbaugh
Powell
Reed
Robinson, J. W.
Sackett
Santora
Savage
Singleton

Shreve
Sims
Spicola
Sykes
Tillman
Tobiassen
Tucker
Tyrrell
Walker
Whitson
Wilson
Winn
Woodward

Smith
Stevens
Thomas
Tittle
Trombetta
Tubbs
Whitworth
Williamson

Representatives Gallen, Harllee, and Johnson offered the
following amendment:
Amendment 1-On page 3, line 25, strike all of sections 4
and 5 and renumber subsequent sections.
Mr. Gallen moved the adoption of the amendment, which was
adopted.

Representatives Gallen, Harllee, and Johnson offered the
following amendment:
Amendment 2-In the title, line 13, strike "providing penal-
ties;"
Mr. Gallen moved the adoption of the amendment, which was
adopted.

On motion by Mr. Gustafson, the rules were waived and HB
54-D, as amended, was read the third time by title. On passage,
the vote was:

Yeas-104

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield

Blackburn
Brown
Burke
Caldwell
Carlucci

Chapman
Cherry
Clark, David
Conway
Craig

Crane
Culbreath
Danahy
Dixon
Dubbin

Earle
Elmore
Featherstone
Firestone
Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton

Hess
Hodes
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Milburn
Mixson
Mooney
Moudry
Murphy

Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, J.
Ryals
Sackett
Santora
Savage
Sessums
Shreve
Sims
Singleton

Smith
Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tittle
Tobiassen
Trombetta
Tubbs
Tucker
W. Tyrrell
Walker
Whitworth
Williamson
Wilson
Winn
Woodward
Yancey
Zinkil

Nays-1
Whitson

Representative Wolfson was recorded as voting Yea.

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

Mr. Gautier was given unanimous consent to take up and
consider CS for HB 38-D out of its regular order.

HB 38-D was taken up, together with:
By the Committee on Criminal Justice-
CS for HB 38-D-A bill to be entitled An act relating to the
law enforcement officers minimum foundation program financ-
ing; amending section 163.550, Florida Statutes, to provide the
inclusion of section 163.562, Florida Statutes, in the short title;
amending section 163.552, Florida Statites, providing defini-
tions; creating section 163.5531, Florida Statutes, providing for
the financing of the program; providing restrictions for partic-
ipation to law enforcement officers earning at least six thou-
sand dollars ($6,000); providing requirements for eligibility and
participation; providing for certain educational criteria to be
met to qualify for participation; providing that the maximum
amount to be received under this act shall not exceed one
hundred thirty dollars ($130); providing that the police stand-
ards council shall set rules and regulations; providing restric-
tions on local units to prevent circumventing any local units
present or currently planned normal pay increases; creating
section 163.562, Florida Statutes, providing for a no strike pro-
vision; providing appropriations; repealing sections 163.553,
163.554, 163.555 and 163.556, Florida Statutes; providing an
effective date.

-which was read the first time by title and HB 38-D was
laid on the table.

On motion by Mr. Gautier, the rules were waived and CS for
HB 38-D was read the second time by title.

Representatives Dubbin and Yancey offered the following
amendment:
Amendment 1-On page 6, line 6, strike "under" and insert
the following: from the appropriations provided pursuant to
Mr. Yancey moved the adoption of the amendment, which was
adopted.

Representatives Dubbin and Yancey offered the following
amendment:
Amendment 2-In the title, line 21, strike "under" and insert
the following: from the appropriations provided pursuant to
Mr. Yancey moved the adoption of the amendment, which was
adopted.

December 7, 1971

77

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representatives Dubbin and Yancey offered the following
amendment:
Amendment 3-On page 6, line 27, strike the words "the local
unit" and insert the following: the board to the local unit
distributable at the end of such calendar quarter
Mr. Yancey moved the adoption of the amendment, which was
adopted.

Representatives Turlington and Blackburn offered the follow-
ing amendment:
Amendment 4-On page 8, following line one, insert: Sec-
tion 7. This Act is not severable.
And renumber the following section as section 8.
Mr. Turlington moved the adoption of the amendment, which
was adopted.

Representatives Turlington and Blackburn offered the follow-
ing amendment:
Amendment 5-On page 2, line 4, in title, strike following
the semicolon and insert the following: providing for no
severability;
Mr. Turlington moved the adoption of the amendment, which
was adopted.

Representative Fortune offered the following amendment:
Amendment 6-On page 4, line 13, after the "($6,000)" insert
the following: including the maximum supplemental payment
per month available under this act.
Mr. Fortune moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-43
Burke
Caldwell
Carlucci
Chapman
Cherry
Crane
Elmore
Featherstone
Fortune
Fulford
Gustafson

Nays-58
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Clark, David
Conway
Crabtree
Craig
Culbreath
D'Alemberte
Dixon
Dubbin

Harris
Hess
Hollingsworth
Jones
Lancaster
Lane
Libertore
Martinez
Mattox
McDonald
Melvin

Firestone
Gallen
Gautier
Gibson
Gillespie
Gorman
Grainger
Grizzle
Harllee
Hartnett
Hazelton
Hector
Holloway
Johnson
Kershaw

Milburn
Mixson
Mooney
Nergard
Randell
Redman
Rish
Robinson,
Sackett
Shaw
Shreve

Sims
Sykes
Tittle
Tobiassen
Tubbs
Turlington
Tyrrell
A.S. Walker
Whitson
Woodward

MacKay
Matthews, H.
Moudry
Nease
Ogden
Poole
Poorbaugh
Powell
Reed
Renick
Robinson, J. W.
Ryals
Santora
Savage
Singleton

Smith
Spicola
Stevens
Sweeny
Thomas
Tillman
Trombetta
Tucker
Whitworth
Williamson
Wilson
Winn
Yancey

Representative Birchfield offered the following amendment:
On page 8, after line 1, insert the following: Section 8.
Every law enforcement officer, to maintain eligibility for any
payments provided for hereunder, shall complete each year in-
service training of forty (40) hours of approved courses as
established by the police standards council.
Renumber subsequent section.
Mr. Birchfield moved the adoption of the amendment, which
failed of adoption.

Representative Yancey offered the following amendment:
Amendment 8-On page 3, line 29, strike "163.553" and in-
sert the following: 163.5531
Mr. Yancey moved the adoption of the amendment, which
was adopted.

Representatives Rish and Powell offered the following amend-
ment:
On page 2, line 26, between "local" and "unit" insert: or
state
Mr. Rish moved the adoption of the amendment. Pending con-
sideration thereof-

Mr. Blackburn called a point of order that the amendment
was outside the Governor's call. The Speaker ruled the point
well taken, and the amendment out of order.

On motion by Mr. Yancey, the rules were waived and CS for
HB 38-D, as amended, was read the third time by title. On pas-
sage, the vote was:

Yeas-102

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

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

Nays-4
Gustafson Harris

Mattox
McDonald
Melvin
Milburn
Mixson
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Santora
Savage
Sessums
Shaw
Shreve

Mooney

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

Williamson

Representative Wolfson was recorded as voting Yea.

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

On motion by Mr. D'Alemberte, the rules were waived and
the House reverted to the order of-

Messages from the Senate

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 7, 1971

Sir:
I am directed to inform the House of Representatives that
the Senate has passed as amended by the required Constitu-
tional three-fifths vote of all members elected to the Senate-

By the Committee on Judiciary-
HJR 11-D-A joint resolution proposing a revision of Article
V of the State Constitution relating to the judicial branch of
the government.

December 7, 1971

JOURNAL OF THE HOUSE

Amendment 1-On page 1, after line 9 strike everything
after the resolving clause and insert the following:
That the following proposed revision of Article V of the
State Constitution is agreed to and snail be submitted to tie
electors of Florida for approval or rejection at the general
election to be held in November 1972, or, if authorized by
three-fourths of the membership of each house o0 the legis-
lature, at a special election to be held March 14, 1972.
(Substantial rewording of Article. See Article V, State Con-
stitution, for present text.)

ARTICLE V
JUDICIARY
SECTION 1. Courts.-The judicial power shall be vested in a
supreme court, district courts of appeal, circuit courts and
county courts. No other courts may be established by the state,
any political subdivision or any municipality. The legislature
shall, by general law, divide the state into appellate court
districts and judicial circuits following county lines. Adminis-
trative officers or bodies or commissions established by law
may be granted quasi-judicial power in matters connected with
the functions of their offices, and their orders shall be re-
viewed as provided by general law.
SECTION 2. Administration; practice and procedure.-
(a) The supreme court shall adopt rules for the practice
and procedure in all courts including the time for seeking ap-
pellate review, the administrative supervision of all courts, the
transfer to the court having jurisdiction of any proceeding
when the jurisdiction of another court has been im-
providently invoked, and a requirement that no cause shall
be dismissed because an improper remedy has been sought.
These rules may be changed by general law enacted by the af-
firmative vote of two-thirds of the membership of each house of
the legislature.
(b) The chief justice of the supreme court shall be chosen
by a majority of the members of the court. He shall be the
chief administrative officer of the judicial system. He shall
have the power to assign justices or judges, including con-
senting retired justices or judges, to temporary duty in any
court for which the judge is qualified and to delegate to a
chief judge of a judicial circuit the power to assign judges for
duty in his respective circuit.
(c) A chief judge for each district court of appeal shall be
chosen by a majority of the judges thereof or, if there is no
majority, by the chief justice. The chief judge shall be re-
sponsible for the administrative supervision of the court.
(d) A chief judge in each circuit shall be chosen from
among the circuit judges as provided by supreme court rule.
The chief judge shall be responsible for the administrative su-
pervision of the circuit courts and county courts in his circuit.
SECTION 3. Supreme Court.-
(a) ORGANIZATION.-The supreme court shall consist of
seven justices. Five justices shall constitute a quorum. The
concurrence of four justices shall be necessary to a decision,
except where recusals for cause would prohibit the court from
convening because of the requirements of this section.
(b) JURISDICTION.-The supreme court:
(1) Shall hear appeals from final judgments of trial courts
imposing the death penalty and from orders of trial courts and
decisions of district courts of appeal initially and directly pass-
ing on the validity of a state statute or a federal statute or
treaty, or construing a provision of the state or federal con-
stitution.
(2) When provided by general law, shall hear appeals from
final judgments and orders of trial courts imposing life im-
prisonment or final judgments entered in proceedings for the
validation of bonds or certificates of indebtedness.
(3) May review by certiorari any decision of a district court
of appeal that affects a class of constitutional or state officers,

that passes upon a question certified by a district court of
appeal to be of great public interest, or that is in direct con-
flict with a decision of any district court of appeal or of the
supreme court on the same question of law, and any interlocu-
tory order passing upon a matter, which upon final judgment
would be directly appealable to the supreme court.

December 7, 1971

(b) JURISDICTION.-The county courts shall exercise the
jurisdiction prescribed by general law. Such jurisdiction shall
be uniform throughout the state.
SECTION 7. Specialized Divisions.-All courts except the su-
preme court may sit in divisions as may be authorized by
general law.

OP1 REPRESENTATIVES 79

(4) May issue writs of prohibition to courts and commissions
in causes within the jurisdiction of the supreme court to re-
view, and all writs necessary to the complete exercise of its
jurisdiction.
(5) May issue writs of mandamus and quo warrant to
state officers and state agencies.
(6) May, or any justice may, issue writs of habeas corpus
returnable before the supreme court or any justice, a district
court of appeal or any judge thereof, or any circuit judge.
(7) Shall have the power of direct review of administrative
action prescribed by general law.
(c) CLERK AND MARSHAL.-The supreme court shall ap-
point a clerk and a marshal who shall hold office during the
pleasure of the court and perform such duties as the court
directs. Their compensation shall be fixed by general law. The
marshal shall have the power to execute the process of the
court throughout the state, and in any county may deputize
the sheriff or a deputy sheriff for such purpose.
SECTION 4. District Courts of Appeal.-
(a) ORGANIZATION.-There shall be a district court of ap-
peal serving each appellate district. Each district court of appeal
shall consist of at least three judges. Three judges shall con-
sider each case and the concurrence of two shall be necessary
to a decision.
(b) JURISDICTION.-
(1) District courts of appeal shall have jurisdiction to hear
appeals, that may be taken as a matter of right, from final
judgments or orders of trial courts, including those entered
on review of administrative action, not directly appealable to
the supreme court or a circuit court. They may review inter-
locutory orders in such cases to the extent provided in rules
adopted by the supreme court.
(2) District courts of appeal shall have the power of direct
review of administrative action, as prescribed by general law.
(3) A district court of appeal or any judge thereof may
issue writs of habeas corpus returnable before the court or any
judge thereof or before any circuit judge within the territorial
jurisdiction of the court. A district court of appeal may issue
writs of mandamus, certiorari, prohibition, quo warrant, and
other writs necessary to the complete exercise of its jurisdic-
tion. To the extent necessary to dispose of all issues in a cause
properly before it, a district court of appeal may exercise any
of the appellate jurisdiction of the circuit courts.
(c) CLERKS AND MARSHALS.-Each district court of ap-
peal shall appoint a clerk and a marshal who shall hold office
during the pleasure of the court and perform such duties as the
court directs. Their compensation shall be fixed by general law.
The marshal shall have the power to execute the process of the
court throughout the territorial jurisdiction of the court, and in
any county may deputize the sheriff or a deputy sheriff for
such purpose.
SECTION 5. Circuit Courts.-
(a) ORGANIZATION.-There shall be a circuit court serv-
ing each judicial circuit.
(b) JURISDICTION.-The circuit courts shall have original
jurisdiction not vested in the county courts, and jurisdiction of
appeals from county courts when provided by general law. They
shall have the power to issue writs of mandamus, quo warrant,
certiorari,. prohibition and habeas corpus, and all writs neces-
sary or proper to the complete exercise of their jurisdiction.
Jurisdiction of the circuit courts shall be uniform throughout
the state. They shall have the power of direct review of ad-
ministrative action when prescribed by general law.
SECTION 6. County Courts.-
(a) ORGANIZATION.-There shall be a county court in each
county. There shall be one or more judges for each county court
as prescribed by general law.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

SECTION 8. Eligibility.-No person shall be eligible for
office of justice or judge of any court unless he is an elector
of the state and resides in the territorial jurisdiction of his
court. No justice or judge shall serve after attaining the age
of seventy years except upon temporary assignment or to com-
plete a term, one-half of which he has served. No person is
eligible for the office of justice of the supreme court or judge
of a district court of appeal unless he is, and has been for the
preceding ten years, a member of The Florida Bar. No person
is eligible for the office of circuit judge unless he is, and has
been for the preceding five years, a member of The Florida
Bar. Unless otherwise provided by general law, a county court
judge must be a member of The Florida Bar.
SECTION 9. Determination of number of judges.-Appellate
district and judicial circuits may be increased, decreased or re-
defined, and the number of judges of any court except the
supreme court may be increased or decreased by law consistent
with this article, but only after the supreme court certifies to
the legislature its finding that there exists a need for such
action based on workload and other pertinent factors. The su-
preme court shall establish by rule uniform criteria for the
determination of the need for additional judges or the desir-
ability for decreasing the number of judges. A decrease in the
number of judges shall be effective only at the expiration of
a term of office.
SECTION 10. Election and Terms.-
(a) ELECTION.-All justices or judges shall be elected as
provided by general law.
(b) TERMS.-The terms of all justices of the supreme court,
judges of district courts of appeal and circuit judges shall be
six years. The terms of judges of county courts shall be four
years.
SECTION 11. Vacancies.-
(a) The governor shall fill each vacancy in judicial office by
appointing for a term ending on the first Tuesday after the first
Monday in January of the year following the next primary
and general election, one of not fewer than three persons nomi-
nated by the appropriate judicial nominating commission. The
nominations shall be made within thirty days from the occur-
rence of a vacancy unless the period is extended by the gov-
ernor for a time not to exceed thirty days. If the governor
fails to make the appointment within sixty days after the nomi-
nations have been certified to him, the chief justice shall make
the appointment from those nominated.
(b) There shall be a separate judicial nominating commission
as provided by general law for the supreme court, each district
court of appeal, and each judicial circuit for all trial courts
within the circuit.
SECTION 12. Discipline; removal and retirement.-
(a) There shall be a judicial qualifications commission com-
posed of:
(1) Two judges of district courts of appeal selected by the
judges of those courts, two circuit judges selected by the judges
of the circuit courts and two judges of county courts selected by
the judges of those courts;
(2) Two electors who reside in the state, who are members
of The Florida Bar, and who shall be chosen by the governing
body of The Florida Bar; and
(3) Three electors who reside in the state, who have never
held judicial office or been members of The Florida Bar, and
who shall be appointed by the governor.
(b) The members of the judicial qualifications commission
shall serve staggered terms, not to exceed six years, as pre-
scribed by general law. No member of the commission except
a justice or judge shall be eligible for state judicial office so
long as he is a member of the commission and for a period of
two years thereafter. No member of the commission shall hold
office in a political party or, except as provided herein, partici-
pate in any campaign for judicial office or hold public office.
The commission shall elect one of its members as its chairman.

(c) The supreme court shall adopt rules regulating proeopd-
ings of the commission, the filling of vacancies by the appoint-
ing authorities and the temporary replacement of disqualified
or incapacitated members. After a recommendation of removal
of any justice or judge, the record of the proceedings before
the commission shall be made public.

(d) Upon recommendation of two-thirds of the members
of the judicial qualifications commission, the supreme court
may order that the justice or judge be disciplined by private
reprimand, or be removed from office with termination of
compensation for willful or persistent failure to perform his
duties or for other conduct unbecoming a member of the
judiciary, or be involuntarily retired for any permanent dis-
ability that seriously interferes with the performance of his
duties. After the filing of a formal proceeding and upon re-
quest of the commission, the supreme court may suspend the
justice or judge from office, with or without compensation,
pending final determination of the inquiry.
(e) The power of removal conferred by this section shall be
both alternative and cumulative to the power of impeachment
and to the power of suspension by the governor and removal
by the senate.
SECTION 13. Prohibited activities.-All justices and judges
shall devote full time to their judicial duties. They shall not
engage in the practice of law or hold office in any political
party.
SECTION 14. Judicial salaries.-All justices and judges
shall be compensated only by state salaries fixed by general
law. The judiciary shall have no power to fix appropriations.
SECTION 15. Attorneys; admission and discipline.-The
supreme court shall have exclusive jurisdiction to regulate the
admission of persons to the practice of law and the discipline of
persons admitted.
SECTION 16. Clerks of the circuit courts.-There shall be in
each county a clerk of the circuit court who shall be elected by
the qualified electors of the county.
SECTION 17. State attorneys.-In each judicial circuit a
state attorney shall be elected for a term of four years. He shall
be the prosecuting officer of all trial courts in that circuit and
shall perform other duties prescribed by general law; provided,
however, when authorized by general law, the violations of all
municipal ordinances may be prosecuted by municipal prose-
cutors. A state attorney shall be an elector of the state and re-
side in the territorial jurisdiction of the circuit. He shall have
been a member of The Florida Bar for the preceding five years,
He shall devote full time to his duties, and he shall not engage
in the private practice of law. State attorneys shall appoint
such assistant state attorneys as may be authorized by law.
The salaries of state attorneys and assistant state attorneys
shall be fixed by general law.
SECTION 18. Public defenders.-In each judicial circuit a
public defender shall be elected for a term of four years. He
shall perform duties prescribed by general law. A public de-
fender shall be an elector of the state and reside in the terri-
torial jurisdiction of the circuit. He shall have been a member
of The Florida Bar for the preceding five years. He shall devote
full time to his duties and shall not engage in the private
practice of law. Public defenders shall appoint such assistant
public defenders as may be authorized by law. The salaries of
public defenders and assistant public defenders shall be fixed
by general law.
SECTION 19. Schedule.-
(a) This article shall replace all of Article V of the Con-
stitution of 1885, as amended, which shall then stand repealed.
(b) Except to the extent inconsistent with the provisions of
this article, all provisions of law and rules of court in force
on the effective date of this article shall continue in effect
until superseded in the manner authorized by the constitution.
(c) After this article becomes effective, and until changed
by general law consistent with this article:
(1) The supreme court shall have the jurisdiction immedi-
ately theretofore exercised by it, and it shall determine all
proceedings pending before it on the effective date of this
article.

(2) The appellate districts shall be those in existence on the
date of adoption of this article. There shall be a district court
of appeal in each district. The district courts of appeal shall
have the jurisdiction immediately theretofore exercised by the
district courts of appeal and shall determine all proceedings
pending before them on the effective date of this article.

December 7, 1971

JOURNAL OF THE HOUSI

(3) Circuit courts shall have jurisdiction of appeals from
county courts involving violations of municipal or county ordi-
nances, except those appeals which may be taken directly to
the supreme court. They shall have exclusive original juris-
diction in all actions at law not cognizable by the county
court; of proceedings relating to the settlement of the estate
of decedents and minors, the granting of letters testamentary,
guardianship, involuntary hospitalization, the determination of
incompetency, and other jurisdiction usually pertaining to courts
of probate; in all cases in equity including all cases relating to
juveniles; of all felonies and of all misdemeanors arising out
of the same circumstances as a felony which is also charged;
in all cases involving legality of any tax assessment, or toll;
in actions of ejectment; and in all actions involving the titles
or boundaries or right of possession of real property. The cir-
cuit court may issue injunctions. The judicial circuits shall be
those in existence on the date of the adoption of this article.
(4) County courts shall have original jurisdiction in all
criminal misdemeanor cases not cognizable by the circuit court,
of all violations of municipal and county ordinances, and of all
actions at law in which the matter in controversy does not
exceed the sum of two thousand dollars ($2,000.00) exclusive
of interest and costs, except those within the exclusive juris-
diction of the circuit court. Judges of county courts shall be
committing magistrates. The county court shall have the juris-
diction now exercised by the county judge's court other than
that vested in the circuit court by subsection (c) (3) hereof,
the jurisdiction now exercised by the county court, the claims
court, the small claims court, the small claims magistrates
court, the magistrates court of Brevard county, the magistrates
court of Hillsborough county, justice of the peace courts, munici-
pal courts and courts of chartered counties, including but not
limited to the counties referred to in Article VIII, sections 9,
10, 11 and 24 of the Constitution of 1885.
(5) Each judicial nominating commission shall consist of
nine members appointed as follows:
(a) Three members appointed by the governor from among
The Florida Bar members who are actively engaged in the
practice of law with offices within the territorial jurisdiction
of the affected court, district or circuit;
(b) Three members appointed by the Board of Governors of
The Florida Bar from among The Florida Bar members who
are actively engaged in the practice of law with offices within
the territorial jurisdiction of the affected court, district or
circuit; and
(c) Three members who shall be citizens of this state and
residents of the territorial jurisdiction of the affected court,
district or circuit and who shall be appointed by a majority
vote of the six members appointed pursuant to paragraphs
(5)(a) and (5)(b) hereof.
(6) No justice or judge shall be a member of a judicial nomi-
nating commission. A member of a judicial nominating commis-
sion may hold public office other than a judicial office. No
member shall be eligible for appointment to state judicial of-
fice so long as he is a member of a judicial nominating com-
mission and for a period of two years thereafter. All acts of a
judicial nominating commission shall be made with a concur-
rence of a majority of its members.
(7) The members of a judicial nominating commission shall
serve for a term of four years except the terms of the initial
members of the judicial nominating commissions shall expire
as follows:
(a) The terms of one member of category (a) (b) and (c)
in subsection (c) (5) hereof shall expire on July 1, 1974;
(b) The terms of one member of category (a) (b) and (c)
in subsection (c) (5) hereof shall expire on July 1, 1975;
(c) The terms of one member of category (a) (b) and (c)
hereof shall expire on July 1, 1976.
(8) All fines and forfeitures arising from offenses tried in
the county court shall be collected, and accounted for by clerk
of the court, and deposited in a special trust account. Two-
thirds of all fines and forfeitures received from violations of

county ordinances committed within a county and municipal
ordinances committed within a municipality within the terri-
torial jurisdiction of the county court shall be paid monthly to
the county or municipality respectively. The remaining one-
third of the fines and forfeitures shall be paid into the general
revenue fund of the state of Florida. If any costs are assessed

December 7, 1971

clerk of the county court. The office of all other clerks of court
shall stand abolished.
(9) Clerks, serving in an elective office as clerk of a court
abolished by this article, having countywide territorial juris-
diction, shall become deputy clerks of the circuit court of their

E OF REPRESENTATIVES 81

and collected in connection with offenses tried in county court,
all court costs shall be paid into the general revenue fund of
the state of Florida.
(9) Any municipality or county may apply to the chief judge
of the circuit in which that muncipality or county is situated
for permission for the county court to sit in a location suitable
to the municipality or county and convenient in time and place
to its citizens and police officers. Upon determination that it
would be in the best interest of the citizens of the county
for the county court to sit in a location, the chief judge may
direct the court to sit in the designated location. If the chief
judge does not authorize the county court to sit in the location
requested, the county or municipality may apply to the su-
preme court for an order directing the county court to sit in
the location. Any municipality or county which so applies shall
be required to provide the appropriate physical facilities in which
the county court may hold court.
(10) All courts except the supreme court may sit in divisions
as may be established by local rule approved by the supreme
court.
(11) A county court judge in any county having a population
of 40,000 or less according to the last decennial census, shall
not be required to be a member of The Florida Bar.
(12) Municipal prosecutors may prosecute violations of mu-
nicipal ordinances.
(d) When this article becomes effective:
(1) All courts not herein authorized, shall cease to exist and
jurisdiction to conclude all pending cases and enforce all prior
orders and judgments shall vest in the court that would have
jurisdiction of the cause if thereafter instituted. All records
of and property held by courts abolished hereby shall be trans-
ferred to the proper office of the appropriate court under this
article.
(2) Judges of the following courts, if their terms do not
expire in 1973 and if they are eligible under subsection (d) (6)
hereof, shall become additional judges of the circuit court for
each of the counties of their respective circuits, and shall serve
as such circuit judges for the remainder of the terms to which
they were elected and shall be eligible for election as circuit
judges thereafter. These courts are: civil court of record of
Dade county, all criminal courts of record, the felony courts of
record of Alachua, Leon and Volusia counties, the courts of
record of Broward, Brevard, Escambia, Hillsborough, Lee,
Manatee and Sarasota, and county judge's courts and separate
juvenile courts in counties having a population in excess of
300,000 according to the 1970 federal census.
(3) Judges holding elective office in all other courts abol-
ished by this article whose terms do not expire in 1973 shall
serve as judges of the county court for the remainder of the
term to which they were elected. Unless created pursuant to
section 9, such judicial office shall not continue to exist there-
after.
(4) By March 21, 1972, the supreme court shall certify the
need for additional circuit and county judges. The legislature
in the 1972 regular session may by general law create addi-
tional offices of judge, the terms of which shall begin on the
effective date of this article. Elections to such offices shall
take place at the same time and manner as election to other
state judicial offices in 1972.
(5) County judges of existing county judge's courts who are
not members of The Florida Bar shall be eligible to seek elec-
tion as county court judges of their respective counties in the
1972 election.
(6) No judge of a court abolished by this article shall be-
come or be eligible to become a judge of the circuit court unless
he has been a member of The Florida Bar for the preceding
five years.
(7) The office of judges of all other courts abolished by this
article shall be abolished as of the effective date of this article.
(8) The clerk of the circuit court shall continue to serve as
clerk of the circuit court and shall also assume the duties of

82 JOURNAL OF THE HOUSE

respective counties and shall serve as such for the remainder
of the terms for which they were elected or appointed at a
rate of compensation not less than that received immediately
before the effective date of this article, any provision of any
civil service law or regulation to the contrary notwithstanding.
The clerks of all other courts abolished by this article shall
have no further powers and duties and shall cease to hold
office.
(10) The offices of county solicitor and prosecuting attorney
shall stand abolished, and all county solicitors and prosecuting
attorneys holding such offices upon the effective date of this
article shall become and serve as assistant state attorneys for
the circuits in which their counties are situate for the remainder
of their terms, with compensation not less than that received
immediately before the effective date of this article.
(e) Limited operation of some provisions.-All justices of
the supreme court, judges of the district courts of appeal and
circuit judges in office upon the effective date of this article
shall retain their offices for the remainder of their respective
terms. All members of the judicial qualifications commission
in office upon the effective date of this article shall retain
their offices for the remainder of their respective terms. Each
state attorney in office on the effective date of this article
shall retain his office for the remainder of his term.
(f) Until otherwise provided by law, the nonjudicial duties
required of county judges shall be performed by the judges of
the county court.
(g) All provisions of Article V of the Constitution of 1885,
as amended, not embraced herein which are not inconsistent
with this revision shall become statutes subject to modification
or repeal as are other statutes.
(h) The requirements of section 14, relative to all county
court judges being compensated by state salaries, shall not
apply prior to January 4, 1977, unless otherwise provided by
general law.
(i) The legislature shall have power, by concurrent resolu-
tion, to delete from this article any subsection of section 19,
including this subsection, when all events to which the subsection
to be deleted is or could become applicable have occurred. A
legislative determination of fact made as a basis for application
of this subsection shall be subject to judicial review.
(j) Unless otherwise provided herein, this article shall be-
come effective at 11:59 o'clock P.M., Eastern Standard Time,
January 1, 1973.
Amendment 2-On page 18, line 4 after the word "courts"
insert the following: and justices of the peace

Amendment 3-On page 18, line 6, strike the words "in the
1972 election." and insert a period.

Amendment 5-On page 2, line 16, strike all after the period
and lines 17 and 18 and insert the following: Such rules as
adopted by the supreme court shall be filed with both houses
of the legislature and the same shall become effective thirty
days after adjournment of the next regular session unless re-
jected by a majority vote of the members of each house of the
legislature.

Amendment 6-On page 17, strike line 16 and insert the
following: the civil and criminal court of record of Pinellas
county, and county judge's courts and separate juvenile

Amendment 7-On page 2, line 4, strike ", and their orders
shall be reviewed as provided by general law." and insert a
period.

Amendment 8-On page 4, line 5, strike the period and in-
sert the following: ; and may issue writs of certiorari to
commissions established by general law having statewide juris-
diction.

E

Amendment 9-On page 6, line 29, after the period insert
the following: A circuit or county court may hold civil and
criminal jury trials and hearings in chambers in any place
within the territorial jurisdiction of the court designated by
the chief judge of the circuit.

-OF REPRESENTATIVES December 7, 1971

Amendment 10-On page 6, line 10, after "law." and before
"They" insert the following: They shall have exclusive juris-
diction over all capital felonies.

Amendment 12-On page 2, strike all of lines 8 and 9 and
insert the following: (a) The supreme court shall adopt pro-
cedural rules for the practice in all courts including

Amendment 13-On page 12, strike all of lines 9 through 11
and insert the following: (c) After this article becomes effec-
tive, and until changed by general law consistent with sections
1 through 18 of this article:

Amendment 17-On page 11, after line 29 insert the follow-
ing: Section 18. Judicial officers as conservators of the place.-
All judicial officers in this state shall be conservators of the
place.
and renumber subsequent sections accordingly.

Amendment 20-On page 8, line 12 after the period in-
sert the following: An election shall be held to fill that judicial
office for the term of the office beginning at the end of the
appointed term.

Amendment 22-On page 2, line 27 strike the period and
insert the following: ; provided judges of the county court may
not be assigned to duty in the circuit court.

Amendment 23-On page 8, lines 15-18 strike "If the gover-
nor fails to make the appointment within sixty days after the
nominations have been certified to him, the chief justice shall
make the appointment from those nominated."

Amendment 25-On page 15, strike lines 17-25 and insert
the following: ited in a special trust account. All fines and
forfeitures received from violations of ordinances or misde-
meanors committed within a county or municipal ordinances
committed within a municipality within the territorial jurisdic-
tion of the county court shall be paid monthly to the county
or municipality respectively. If any costs

Amendment 27-On page 18, following the words "circuit
court" on line 15 strike "and" and strike all of lines 16, 17,
and 18 and insert a period.

Amendment 28-On page 10, following line 30 insert the
following: Section 17. Clerks of the county courts. There shall
be in each county a clerk of the county court appointed by the
court who shall hold office during the pleasure of the court
and perform such duties as the court directs. Their compensa-
tion shall be fixed as provided by general law.
Renumber the succeeding sections accordingly.

-and requests the concurrence of the House therein, and in
the event the House refuses to concur, requests the appointment
of a Conference Committee to confer with a like Committee
appointed by the President of the Senate consisting of Senators
Barron, Karl, Wilson, McClain, Horne, and Lewis (43rd).
Respectfully,
Elmer O. Friday, Jr.
Secretary of the Senate

Mr. D'Alemberte moved that the House refuse to concur in
the Senate amendments to HJR 11-D and grant the request of
the Senate that a Conference Committee be appointed, which
was agreed to.

Thereupon, the Speaker appointed Representatives D'Alem-
berte, Sessums, Crabtree, Reed, Santora, and Tittle as the
Conference Committee on the part of the House.

The action of the House was certified to the Senate.

The Honorable Richard A. Pettigrew
Speaker, House of Representatives
Sir:

December 7, 1971

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Senator Thomas and others-

SB 51-D-A bill to be entitled An act relating to intangible
personal property taxes; amending 199.032, Florida Statutes,
as created by chapter 71-134, Laws of Florida; repealing the
intangible tax on money; providing an effective date.

-and requests the concurrence of the House therein.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

SB 51-D, contained in the above message, was read the first
time by title and referred to the Committee on Finance & Taxa-
tion.

Mr, Dubbin moved that the House adjourn upon completion of
Introduction and Reference to reconvene at 9:00 a.m. tomorrow,
which was agreed to.

Introduction and Reference

By Representative Wilson-

HJR 48-D-A joint resolution proposing an amendment to
Section 16 of Article III of the State Constitution to restore
the authorized membership of the senate to forty-eight members.
-was read the first time and referred to the Committees on
House Administration & Conduct and Appropriations, consent
for its introduction by the required Constitutional two-thirds
vote having been given earlier.

By Representatives Tucker, Dubbin, Reed, and Firestone-

HB 57-D-A bill to be entitled An act relating to public of-
ficers and employees; amending 112.061(6), Florida Statutes,
relating to the rates of per diem and subsistence allowance, to
provide that the maximum per diem allowance shall be twenty-
five dollars ($25) for all public officers, employees, and other
persons authorized to travel at public expense; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations, consent for its introduction by the
required Constitutional two-thirds vote having been given
earlier.

By the Committee on Finance & Taxation-

HB 58-D-A bill to be entitled An act relating to local govern-
ment finance; establishing a division of local finance within
the department of community affairs; requiring financial re-
ports by local governments; providing for suspension of pay-
ments to local governments which fail to comply; providing
that failure to comply shall constitute misfeasance or non-
feasance in office; transferring duties of department of ad-
ministration relating to local finance to the division of local
finance; requiring an interim report; authorizing transfer of
funds within the department of community affairs; providing
an effective date.

-was read the first time by title and referred to the Com-
mittees on Governmental Organization & Efficiency and Ap-
propriations, consent for its introduction by the required Consti-
tutional two-thirds vote having been given earlier.

By the Committee on Appropriations and Representative
MacKay-
HB 63-D-A bill to be entitled An act relating to a special
election to be held on March 14, 1972, pursuant to Section 5 of
Article XI of the state constitution for the approval or rejec-
tion by the electors of Florida of a joint resolution permitting
the issuance of revenue bonds to establish a fund to make loans
to students admitted to attend public or private institutions of
higher learning, junior colleges, health related training insti-
tutions, or public vocational training centers; providing an ef-
fective date.
-was read the first time by title and placed on the Rules
Calendar.

Engrossing Reports

December 7, 1971
Your Engrossing Clerk reports amendment to-
HB 32-D
-has been incorporated and the bill herewith returned.
Allen Morris, Clerk
-and the bill was placed on the Rules Calendar of Bills on
Third Reading.

December 7, 1971
Your Engrossing Clerk reports amendments to-

HB 2-D
HB 41-D

HB 43-D
HB 54-D

CS for HB 40-D
CS for HB 38-D

-have been incorporated and the bills herewith returned.
Allen Morris, Clerk
-and the bills were ordered immediately certified to the
Senate.

Enrolling Reports

CS for HB 7-D
-has been enrolled, signed by the required Constitutional
Officers and presented to the Governor on December 7, 1971.
Allen Morris, Clerk

Adjournment

Pursuant to the motion previously adopted, the House ad-
journed at 9:10 p.m. to reconvene at 9:00 a.m. tomorrow.

December 7, 1971

THE JOURNAL OF THE FLORIDA

House of Representatives

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

Wednesday, December 8, 1971

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
Carlucci
Chapman
Cherry
Clark, David
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
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.

Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
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

Excused: Representatives Dick Clark, Kennelly, and C. Mat-
thews.

A quorum was present.

Prayer

Prayer by Father Sean O'Sullivan, St. Thomas More Catholic
Church, Tallahassee:
Dear God, our Father, bless these men who are your
secular priests. They are the instruments of Your peace,
for bettering the lot of many Floridians who are caught
in the vicious cycle of poverty, bad living conditions and
drug abuse. Help them not to get discouraged in their
efforts to make good and just laws, so that this state of
ours may become a place where each and every person
may have an opportunity to grow to a person of full stature,
a person of dignity and usefulness, because it is in God's
image that we were created. At this time we remember
the words of the song, "no man is an island," and when-
ever one of our brothers suffers, so do we all. Because
we are all irrevocably bound up together in the common
brotherhood of man. We believe also that any chain is
only as strong as its weakest link. We cannot stand idly
by as the very texture of our society is weakened by
poverty, lack of opportunity, and even injustice. Some-
day, perhaps in the near future, we will be tested from
without or within, and any weakness then will lead to the
destruction of us all. Give us the courage then to become
involved in the great humanitarian struggle to save thou-
sands of young Americans, especially those involved in

drug abuse, that we may become instruments of Your
peace; "that where there is hatred, we may sow love;
where there is injury, pardon; where there is doubt, faith;
where there is despair, hope; where there is darkness,
light; and where there is sadness, joy." 0 God, if there
is any kindness we can do this day for anyone, let us do
it now, because we shall not pass this way again. Amen.

The Journal

The Journal of December 7 was corrected and approved as
follows: On page 77, column 2, in line 6 of title of CS for
HB 38-D, strike "163.5331" and insert "163.5531"

Enrolling Reports

HB 8-D
-has been enrolled, signed by the required Constitutional
Officers and presented to the Governor on December 8, 1971.
Allen Morris, Clerk

Excused for Committee Meetings
Representatives D'Alemberte, Crabtree, Sessums, Reed, San-
tora, and Tittle, members of the Conference Committee on
HJR 11-D; and Representatives Turlington, Harris, Ogden,
Spicola, Tyrrell, Caldwell, and Trombetta, members of the
Conference Committee on CS for HB 16-D, were excused for
part of the session today for the purpose of holding committee
meetings.

Communications

The Governor advised that he had filed HB 29-D in the
Office of the Secretary of State, which he approved on December
7.

The Governor advised that he had filed HB 8-D and CS for
HB 7-D in the Office of the Secretary of State, which he ap-
proved on December 8.

Co-introducers

Representatives Randell and Walker were given permission
to be recorded as co-introducers of HB 51-D.

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 8, 1971

Sir:
Your Committee on Rules & Calendar herewith submits as the
Special Order Calendar under Rule 8.16 for Wednesday, Decem-
ber 8, 1971, to first consider the following bill on third read-
ing with a limitation of debate of ten minutes total:
84

JOURNAL OF THE HOUSE OF REPRESENTATIVES

HB 32-D-Cane pole fishing

Thereafter the following bills are offered for consideration:
HB 35-D-Alcoholic beverage license taxes
HB 51-D-Alleviating drought
HJR 46-D-Student loan
HB 63-D-Student loan implementing legislation
HB 56-D-Corporate income tax administration
CS for HB 20-D-Annual corporation filing fee
Then consideration of Senate Bills on the Calendar.

Upon final passage of HJR 11-D, your Committee further
recommends consideration of HB 23-D.

Your Committee further recommends for introduction the fol-
lowing measures:
HB 45-D-Appropriation to Department of Commerce
SB 36-D-Private foundations prohibited in self-dealing
SB 37-D-Farm labor registration fee

A quorum of the Committee was present in person and a
majority of those 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.

On motions by Mr. Dubbin, consented to by the required
Constitutional two-thirds vote, HB 45-D, and SB's 36-D and
37-D were admitted for later introduction, the Speaker having
ruled that the measures were not within the purview of the
Governor's call.

Consideration of the Special Order

HB 32-D-A bill to be entitled An act relating to game and
fresh water fish; amending section 372.57 (4) (a), Florida Stat-
utes, as amended by chapter 70-26, Laws of Florida, exempt-
ing certain state residents from obtaining fishing licenses when
fishing with poles for noncommercial purposes; providing an
effective date.
-was taken up and read the third time by title, having
been read the second time and amended on December 7.

Pending roll call-

Representative Fulford offered the following amendment:
Amendment 5-On page 2, strike all of section 2 and insert
the following: Section 2. There is hereby appropriated from the
general revenue fund the sum of 800,000 dollars to replace any
license moneys lost by the operation of this act.
Section 3. This act shall take effect on July 1, 1972.
Mr. Fulford moved the adoption of the amendment.

Pending consideration thereof, Mr. Shaw moved the previous
question on the pending amendment and the bill, which was
agreed to.

The question recurred on the adoption of Amendment 5,
which was adopted by two-thirds vote. The vote was:

Yeas-66

Alvarez
Andrews

Baker Brown
Blackburn Burke

Clark, David
Clark, J. R.

Conway
Craig
Crane
Culbreath
Dixon
Earle
Fulford
Gibson
Glisson
Gorman
Grainger
Grizzle
Gustafson
Hazelton
Hess

Nays-29
Mr. Speaker
Baumgartner
Caldwell
Carlucci
Cnerry
Dubbin
Elmore
Featherstone

Johnson
Jones
Lancaster
Lane
Libertore
MacKay
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry

Firestone
Fleece
Forbes
Fortune
Harllee
Harris
Hartnett
Hector

Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Rish
Robinson, A. S.
Sackett
Shreve
Sims
Spicola

Hollingsworth
Holloway
Kershaw
Renick
Robinson, J. W.
Ryals
Shaw
Singleton

Stevens
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Tubbs
Tucker
Westberry
Williamson
Wilson
Wolfson
Woodward

Smith
Tyrrell
Whitworth
Yancey
Zinkil

Representative Reeves was recorded as voting Nay and
Representative Featherstone changed his vote from Nay to
Yea.

Mr. Lancaster moved that the House reconsider the vote by
which Amendment 5 was adopted. On motion by Mr. Fulford,
the motion to reconsider was laid on the table.

The question recurred on
amended. The vote was:

Yeas-45
Mr. Speaker
Andrews
Baumgartner
Caldwell
Carlucci
Chapman
Cherry
Dubbin
Elmore
Featherstone
Firestone
Forbes

Nays-52

Alvarez
Baker
Blackburn
Brown
Burke
Clark, David
Clark, J. R.
Conway
Craig
Crane
Culbreath
Dixon
Earle

Fortune
Gallen
Harllee
Hartnett
Hector
Hess
Hollingsworth
Holloway
Kershaw
MacKay
Melvin
Mixson

Fleece
Fulford
Gibson
Gorman
Grainger
Grizzle
Gustafson
Harris
Hazelton
Johnson
Jones
Lancaster
Lane

the passage of HB 32-D, as

Nergard
Rish
Robinson, A. S.
Robinson, J. W.
Shaw
Shreve
Singleton
Smith
Spicola
Stevens
Sweeny
Tobiassen

Libertore
Matthews, H.
Mattox
McDonald
Miers
Milburn
Mooney
Moudry
Murphy
Nease
Poole
Poorbaugh
Powell

Tubbs
Tyrrell
Walker
Whitworth
Winn
Wolfson
Woodward
Yancey
Zinkil

Randell
Redman
Reed
Renick
Sackett
Sims
Sykes
Thomas
Tillman
Tucker
Westberry
Williamson
Wilson

Representatives Gautier, Reeves, and Trombetta were re-
corded as voting Yea and Representatives Birchfield, Savage,
and Whitson were recorded as voting Nay.

So the bill failed to pass.

Mr. Fulford moved that the House reconsider the vote by
which HB 32-D failed to pass. On motion by Mr. Craig, the
motion to reconsider was laid on the table.

December 8, 1971

8s

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Explanation of Vote Against HB 32-D
With the bill, as amended, requiring additional funding, I
could not in good conscience vote for passage.
Representative Robert C. Milburn

HB 35-D-A bill to be entitled An act relating to alcoholic
beverages; amending Section 561.34(3) (g), Florida Statutes,
as created by chapter 71-361, Laws of Florida, providing for
tax to be imposed on vendors operating places of business for
consumption for more than three (3) permanent locations within
said premises and excluding therefrom service bars and tem-
porary or portable bars; providing an effective date.
-was taken up and read the second time by title.

Representative Andrews offered the following amendment:
Amendment 1-In the title, lines 9 and 10, strike "five (5)
or more" and insert the following: more than three (3)
Mr. Andrews moved the adoption of the amendment, which
was adopted.

On motion by Mr. Singleton, the rules were waived and
HB 35-D, as amended, was read the third time by title. On pas-
sage, the vote was:

Yeas-99

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Carlucci
Clark, David
Clark, J. R.
Conway
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes

Nays-3
Matthews, H.

Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Gorman
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Mattox

Rish

Representatives Cherry and
Yea.

McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Savage
Shaw
Shreve
Sims
Singleton

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

Tyrrell

Renick were recorded as voting

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

HB 51-D-A bill to be entitled An act relating to environ-
mental protection; providing an emergency appropriation to the
Governor of the State of Florida for the purpose of preventing
and alleviating drought conditions in Central and Southern
Florida; providing an effective date.
-was taken up and read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 2, line 13, after the period insert
the following: None of these funds shall be used to employ
permanent full time staff other than contractual service.
Mr. Shreve moved the adoption of the amendment, which was
adopted.

December 8, 1971

On motion by Mr. Shreve, the rules were waived and
HB 51-D, as amended, was read the third time by title. On
passage, the vote was:

Yeas-98

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Carlucci
Cherry
Clark, David
Clark, J. R.
Conway
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece

Fortune
Gallen
Gibson
Gillespie
Glisson
Gorman
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Matthews, H.
Mattox

McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Reed
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Savage
Shreve
Sims

Smith
Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil

Nays-None

Representatives Forbes, Fulford, Singleton, and Walker were
recorded as voting Yea.

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

THE SPEAKER PRO TEMPORE IN THE CHAIR

HJR 46-D-A Joint Resolution Amending Article VII of the
Constitution of the State of Florida by adding a new Section 15
thereto; permitting the issuance, when authorized by law, of
revenue bonds to establish a fund to make loans to students
admitted to attend public or private institutions of higher learn-
ing, junior colleges, or health related training institutions, or
public vocational training centers; providing that such revenue
bonds shall be secured by a pledge of and shall be payable
primarily from payments of interest, principal, and handling
charges to such fund from the recipients of the loans and, if
authorized by law, may be additionally secured by student fees
and by any other moneys in such fund; providing for the estab-
lishment of a reserve account from the proceeds of the revenue
bonds sufficient to pay the debt service requirements in any
ensuing state fiscal year; and, providing that moneys in such
fund not needed for debt service or maintenance of the reserve
account may be used for educational grants or other related
purposes as provided by law.
-was taken up and read the second time.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 2, line 16, after the word "students"
insert the following: determined eligible as prescribed by law
and
Mr. MacKay moved the adoption of the amendment, which
was adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 2-On page 2, lines 18 and 19, strike "public"
Mr. MacKay moved the adoption of the amendment, which
was adopted.

The Committee on Appropriations offered the following
amendment:

Amendment 3*--On page 3, lines 8 through 10, strike "educa-
tional grants to students determined to be eligible therefore in
the manner provided by law, or for"
Mr. MacKay moved the adoption of the amendment. Pending
consideration thereof-

Representative Whitson offered the following substitute
amendment:
Substitute Amendment 3-On page 3, strike lines 4 through 11.
Mr. Whitson moved the adoption of the substitute amendment.

Pending consideration thereof, Mr. Whitson called a point of
order that paragraph (b) of the joint resolution was outside
the purview of the Call. The Chair ruled the point not well
taken.

Representative MacKay offered the following amendment to
the amendment:
Amendment 1 to Amendment 3-On page 3, strike lines 4
through 11 and insert the following: (b) Interest moneys in the
fund established pursuant to this section, not required in any
fiscal year for payment of debt service on then outstanding
revenue bonds or for maintenance of the reserve account, may
be used for educational loans to students determined to be eli-
gible therefore in the manner provided by law, or for such
other related purposes as may be provided by law.
Mr. MacKay moved the adoption of the amendment to the
amendment, which was adopted.

The question recurred on the adoption of Substitute Amend-
ment 3. Without objection, the substitute amendment was with-
drawn.

The question recurred on the adoption of Amendment 3, as
amended, which was adopted.

Representative MacKay offered the following amendment:
Amendment 4-On page 2, line 12, following the semicolon
insert the following:
said Section 15 to be effective immediately upon ratification
by the electors;
Mr. MacKay moved the adoption of the amendment, which
was adopted.

Representative MacKay offered the following amendment:
Amendment 5-On page 1, in the title line 13, strike "public"
Mr. MacKay moved the adoption of the amendment, which
was adopted.

Representative MacKay offered the following amendment:
Amendment 6-On page 2, in the title, line 1, strike "educa-
tional grants or"
Mr. MacKay moved the adoption of the amendment, which
was adopted.

Representative Tobiassen offered the following amendment:
Amendment 7-On page 2, strike all of lines 25, 26 and 27
and insert the following: the loans. There shall be established
from the
Mr. Tobiassen moved the adoption of the amendment, which
failed of adoption.

On motion by Mr. MacKay, the rules were waived and HJR
46-D, as amended, was read the third time as follows:

HJR 46-D-A Joint Resolution Amending Article VII of the
Constitution of the State of Florida by adding a new Section 15
thereto; permitting the issuance, when authorized by law, of
revenue bonds to establish a fund to make loans to students
admitted to attend public or private institutions of higher learn-
ing, junior colleges, or health related training institutions, or

87

vocational training centers; providing that such revenue
bonds shall be secured by a pledge of and shall be payable
primarily from payments of interest, principal, and handling
charges to such fund from the recipients of the loans and, if
authorized by law, may be additionally secured by student fees
and by any other moneys in such fund; providing for the estab-
lishment of a reserve account from the proceeds of the revenue
bonds sufficient to pay the debt service requirements in any
ensuing state fiscal year; and, providing that moneys in such
fund not needed for debt service or maintenance of the reserve
account may be used for other related purposes as provided
by law.
Be It Resolved by the Legislature of the State of Florida:
That the following addition of Section 15 to Article VII
of the constitution of the state of Florida is hereby agreed to
and shall be submitted to the electors of Florida for approval
or rejection at the presidential primary election to be held in
March, 1972; said section 15 to be effective immediately upon
ratification by the electors;
Section 15.
(a) When authorized by law, revenue bonds may be issued
to establish a fund to make loans to students determined eligi-
ble as prescribed by law and who have been admitted to attend
any public or private institutions of higher learning, junior
colleges, health related training institutions, or vocational
training centers, which are recognized or accredited under terms
and conditions prescribed by law. Revenue bonds issued pur-
suant to this section shall be secured by a pledge of and shall
be payable primarily from payments of interest, principal, and
handling charges to such fund from the recipients of the loans
and, if authorized by law, may be additionally secured by stu-
dent fees and by any other moneys in such fund. There shall
be established from the proceeds of each issue of revenue
bonds a reserve account in an amount equal to and sufficient
to pay the greatest amount of principal, interest, and handling
charges to become due on such issue in any ensuing state fiscal
year.
(b) Interest moneys in the fund established pursuant to
this section, not required in any fiscal year for payment of
debt service on then outstanding revenue bonds or for main-
tenance of the reserve account, may be used for educational
loans to students determined to be eligible therefore in the
manner provided by law, or for such other related purposes
as may be provided by law.

Mr. Hector suggested the absence of a quorum. A quorum
of 104 Members was present.

On passage of HJR 46-D, as amended, the vote was:

Yeas-106

Mr. Speaker pro tempore
Alvarez Forbes
Andrews Fortune
Baker Fulford
Baumgartner Gallen
Birchfield Gautier
Blackburn Gibson
Brown Gillespie
Burke Glisson
Caldwell Gorman
Carlucci Grainger
Chapman Grizzle
Cherry Gustafson
Clark, David Harllee
Clark, J. R. Harris
Conway Hartnett
Craig Hazelton
Crane Hector
Culbreath Hess
Danahy Hollingsworth
Dixon Holloway
Dubbin Johnson
Earle Jones
Elmore Kershaw
Featherstone Libertore
Firestone MacKay
Fleece Martinez
Nays-None

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

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

December 8, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representatives Crabtree, Lancaster, Lane, Nease, Reeves,
Ryals, Santora, and Tittle were recorded as voting Yea.

So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of the membership and was
ordered immediately certified to the Senate, after engrossment.

HB 63-D-A bill to be entitled An act relating to a special
election to be held on March 14, 1972, pursuant to Section 5 of
Article XI of the state constitution for the approval or rejec-
tion by the electors of Florida of a joint resolution permitting
the issuance of revenue bonds to establish a fund to make loans
to students admitted to attend public or private institutions of
higher learning, junior colleges, health related training insti-
tutions, or public vocational training centers; providing an ef-
fective date.

-was taken up and read the second time by title.

On motion by Mr. Sessums, the rules were waived and HB
63-D was read the third time by title. On passage, the vote was:

Yeas-113
Mr. Speaker pro tempore
Alvarez Forbes
Andrews Fortune
Baker Fulford
Baumgartner Gallen
Birchfield Gautier
Blackburn Gibson
Brown Gillespie
Burke Glisson
Caldwell Gorman
Carlucci Grainger
Chapman Grizzle
Cherry Gustafson
Clark, David Harllee
Clark, J. R. Harris
Conway Hartnett
Crabtree Hazelton
Craig Hector
Crane Hess
Culbreath Hollingsworth
D'Alemberte Holloway
Danahy Johnson
Dixon Jones
Dubbin Kershaw
Earle Lancaster
Elmore Libertore
Featherstone MacKay
Firestone Martinez
Fleece Matthews, H.

Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Pettigrew
Poole
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-None

Representative Reeves was recorded as voting Yea.

So the bill passed, by the required Constitutional three-fourths
vote of the membership, and was ordered immediately certified
to the Senate.

THE SPEAKER IN THE CHAIR

HB 56-D-A bill to be entitled An act relating to corporation
income tax administration; directing the department of revenue
to implement administration of a corporation income tax when
enacted; authorizing employment of contractual services; pro-
viding an appropriation; providing an effective date.
-was taken up and read the second time by title.

On motion by Mr. Turlington, the rules were waived and HB
56-D was read the third time by title. On passage, the vote was:

Yeas-104

Mr. Speaker Baumgartner
Alvarez Birchfield
Baker Blackburn

Brown
Burke
Caldwell

Carlucci
Chapman
Cherry

Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman
Nays-None

Grainger
Grizzle
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Libertore
Matthews, H.
McDonald
Melvin
Miers
Milburn
Mixson
Mooney

Moudry
Murphy
Nease
Nergard
Ogden
Poole
Powell
Randell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Santora
Sessums
Shaw
Shreve
Sims
Singleton
Smith

Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Tyrrell
Walker
Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil

Representative Martinez was recorded as voting Yea.

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

HB 20-D was taken up, together with:
By the Committee on Finance & Taxation-

CS for HB 20-D-A bill to be entitled An act relating to cor-
porations and other entities required to pay a tax on its net
income; re-enacting and amending section 608.32, Florida Stat-
utes, requiring the filing of annual reports and the payment
of an annual privilege tax by all corporations and all other
entities required by law to pay a tax on its net income with
the department of state; providing for information to be sub-
mitted in said annual reports; providing for the execution of
said reports; providing that annual reports shall be due on
January 1 and shall be delinquent on March 1 of the same
year; amending section 608.332, Florida Statutes, providing for
the payment of an annual privilege tax of fifty dollars ($50)
on January 1, 1972 and on each January 1 thereafter by every
corporation authorized to do business in this state and all other
entities required to pay a tax on its income, other than non-
profit corporations; providing a privilege tax of twenty dollars
($20) for nonprofit corporations; providing that the said pay-
ment shall accompany the annual report; providing also for the
payment of said tax upon the filing of the articles of incorpora-
tion, declaration of trusts or certificates of the limited partner-
ships or upon the commencement of business of any other
entity required to pay a tax on its net income; amending
chapter 608, Florida Statutes, by adding section 608.34, provid-
ing for the duties of the department of state; providing that
the department of state shall prescribe the form of the report
and furnish blanks upon request; providing that the department
of state shall mail said blanks annually to each entity required
to file; providing that the department of state shall cause a
notice of the requirements of sections 608.32 and 608.332, Flor-
ida Statutes, to be mailed to each entity required to file a
report and pay the tax within thirty days after January 1
failing to report and pay the tax; amending chapter 608,
Florida Statutes, by adding section 608.35, providing for a
penalty for failure to file the report and pay the tax; amending
section 608.36, Florida Statutes, providing for the dissolution
or cancellation of the permit of entities failing to make the re-
port and pay the privilege tax; providing for the payment of
all taxes and reports due prior to the issuance of any proclama-
tion relative to dissolution or cancellation of charters and
permits; amending section 608.37, Florida Statutes, providing
for the restoration of entities dissolved for the failure to file
reports and pay the privilege tax; providing for a reinstate-
ment fee; providing that names of dissolved entities shall not
be available for use by other entities until the passage of one
year from the date of dissolution; amending chapter 608, Flor-
ida Statutes, by adding a new section, providing that the de-
partment of state may destroy the original of any documents
copied by miniature photographic microfilming or other proc-
esses as authorized by law; providing an effective date.
-which was read the first time by title and HB 20-D was
laid on the table.

December 8, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

On motion by Mr. Turlington, the rules were waived and CS
for HB 20-D was read the second time.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 8, lines 20 and 22, strike "fifty dol-
lars ($50)" on line 20 and "twenty dollars ($20)" on line 22 and
insert "five dollars ($5)" on line 20 and "two dollars ($2)" on
line 22
Mr. Turlington moved the adoption of the amendment, which
was adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 2-On page 8, lines 27-31 and on page 9, lines
1-5, strike all of lines 27-31 on page 8 and all of lines 1-5 on
page 9, and insert the following: (2) Upon the filing of articles
of incorporation for any domestic corporation for profit, or upon
the filing of an authenticated copy of a charter or articles of
incorporation for a foreign corporation for profit, or upon the
filing of any declaration of trust or a certificate of any limited
partnership, or upon the commencement of business of any other
entity for profit required by law to pay a tax on its net income,
there shall be paid to the department of state a privilege tax
of thirty-five dollars ($35.00).
(3) Upon the filing of articles of incorporation for any do-
mestic corporation not for profit, or upon the filing of an au-
thenticated copy of a charter or articles of incorporation for a
foreign corporation not for profit, or upon the commencement
of the activity of any other entity not for profit required by law
to pay a tax on its net income, there shall be paid to the depart-
ment of state a privilege tax of fifteen dollars ($15.00).
Mr. Turlington moved the adoption of the amendment. Pend-
ing consideration thereof-

Representatives Tucker, Redman, and Hollingsworth offered
the following substitute amendment:
Substitute Amendment 2-On pages 8 and 9, line 27, strike
entire subsection (2)

Mr. Tucker moved the adoption of the
ment, which was adopted. The vote was:

Yeas-48
Alvarez
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Craig
Earle
Gallen
Gibson
Glisson

Nays-43
Mr. Speaker
Baker
Baumgartner
Clark, David
Clark, J. R.
Conway
Crane
Culbreath
Danahy
Dixon
Dubbin

Gorman
Grainger
Harllee
Hollingsworth
Holloway
Johnson
Jones
Lancaster
Libertore
Martinez
Matthews, H.
Mattox

Elmore
Featherstone
Fortune
Fulford
Gautier
Gillespie
Harris
Hartnett
Hazelton
Hector
Hess

Representatives Hess and
Nay to Yea.

Miers
Mixson
Mooney
Moudry
Murphy
Nergard
Randell
Redman
Reeves
Renick
Rish
Robinson, A.

Kershaw
McDonald
Melvin
Milburn
Nease
Poorbaugh
Powell
Robinson, J.
Sackett
Savage
Singleton

substitute amend-

Ryals
Shaw
Shreve
Spicola
Sykes
Tillman
Tobiassen
Tucker
Walker
Westberry
Williamson
.S. Woodward

Stevens
Sweeny
Trombetta
Tubbs
Turlington
Tyrrell
Whitworth
W. Winn
Wolfson
Zinkil

Tubbs changed their votes from

Mr. Williamson moved that the House reconsider the vote by
which Substitute Amendment 2 was adopted. On motion by
Dr. Miers, the motion to reconsider was laid on the table. The
vote was:

Yeas-56
Alvarez
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Craig
Dixon
Earle
Gibson
Glisson
Gorman
Grainger

Nays-36
Mr. Speaker
Andrews
Baker
Carlucci
Cherry
Clark, David
Clark, J. R.
Conway
Crane

Grizzle
Harilee
Hess
Hollingsworth
Holloway
Johnson
Jones
Lancaster
Libertore
Martinez
Matthews, H.
Mattox
McDonald
Miers

Culbreath
Danahy
Dubbin
Featherstone
Fortune
Fulford
Gautier
Gillespie
Harris

Milburn
Mixson
Murphy
Nease
Nergard
Poole
Randell
Redman
Reeves
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Savage

Hazelton
Hector
Kershaw
MacKay
Melvin
Ogden
Poorbaugh
Powell
Renick

Shaw
Shreve
Spicola
Sweeny
Sykes
Thomas
Tobiassen
Tubbs
Tucker
Tyrrell
Walker
Williamson
Wilson
Yancey

Singleton
Stevens
Tillman
Trombetta
Turlington
Whitworth
Wolfson
Woodward
Zinkil

Representative Turlington offered the following amendment:
Amendment 3-On page 8, line 13, strike "Privilege Tax" and
insert the following: Filing Fee
Mr. Turlington moved the adoption of the amendment. Pend-
ing consideration thereof, without objection the amendment
was withdrawn.

Representative Turlington offered the following amendment:
Amendment 4-In title, line 22, strike "privilege tax" and
insert the following: filing fee
Mr. Turlington moved the adoption of the amendment. Pend-
ing consideration thereof, without objection the amendment
was withdrawn.

Representatives Tucker, Redman, and Hollingsworth offered
the following amendment:
Amendment 5-In title, strike "amending section 608.332,"
on line 20 and all of lines 21 through 30, and "corporations;"
on line 31.
Mr. Tucker moved the adoption of the amendment. Pending
consideration thereof, without objection the amendment was
withdrawn.

The Committee on Appropriations offered the following
amendment:
Amendment 6-In title, on page 1, strike "of" on line 22,
and all of lines 23 through 31, and on page 2, strike all of
line 1 and the word "report" on line 2.
Mr. Turlington moved the adoption of the amendment, which
was adopted.

On motion by Mr. Turlington, the rules were waived and
CS lor tB 20-D, as amended, was read the third time by title.
On passage, the vote was:

Yeas-97

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Burke
Caldwell
Carlucci
Chapman

Cherry
Clark, David
Clark, J. R.
Conway
Craig
Crane
Culbreath
Danahy
Dixon
Dubbin
Elmore

Featherstone
Firestone
Fleece
Fortune
Fulford
Gallen
Gautier
Gibson
Gillespie
Glisson
Gorman

Grainger
Grizzle
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson

89

December 8, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Moudry
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.

Ryals
Sackett
Savage
Shaw
Shreve
Sims
Singleton
Spicola
Stevens
Sweeny
Thomas
Tillman
Tobiassen
Trombetta

Tubbs
Tucker
Turlington
Tyrrell
Walker
Williamson
Wilson
Winn
Woodward
Yancey
Zinkil

Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney

Nays-5
Brown
Earle

Representative Glisson changed his vote from Yea to Nay.
Representative Sykes changed his vote from Nay to Yea.

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

Mr. Dubbin moved that the house recess upon completion of
Introduction and Reference to reconvene at 2:30 p.m. today,
which was agreed to.

On motion by Mr. Reeves, HB 58-D was withdrawn from the
Committee on Governmental Organization & Efficiency and re-
mains referred to the Committee on Appropriations.

Introduction and Reference

By Senators Graham and Horne-
SB 36-D-A bill to be entitled An act relating to corpora-
tions; prohibiting a corporation during the period it is a pri-
vate foundation under the Internal Revenue Code, 26 U.S.C.,
as in effect on the effective date of this act, from engaging
in any act of self-dealing, from retaining any excess business
holdings, from making any investment which would jeopardize
the carrying out of any of the exempt purposes of the corpora-
tion, and from making any expenditure which gives rise to
federal income taxation; requiring the corporation to make
certain distributions to avoid liability for tax; providing limited
application of this act upon judicial determination that same
is contrary to a corporation's governing instruments; providing
the rights and powers of the courts and of the department of
legal affairs are not impaired; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation, consent for its introduction by
the required Constitutional two-thirds vote having been given
earlier.

By Senators Weissenborn, Lewis (33rd) and Lane-
SB 37-D-A bill to be entitled An act relating to farm
labor; amending sub-section (3) of section 5, chapter 71-234,
Laws of Florida, providing that the payment of the required
twenty-five dollar ($25.00) registration fee from the farm
labor contractor to the farm labor and rural manpower service
shall be deposited in a trust fund in the state treasury and
utilized for administration of the act.
-was read the first time by title and referred to the Com-
mittee on Appropriations, consent for its introduction by
the required Constitutional two-thirds vote having been given
earlier.

By Representatives Mixson, Melvin, Woodward, H. W. Mat-
thews, Mooney, Sims, Shreve, J. W. Robinson, Winn, Whitworth,
Hess, Reeves, Brown, Tucker, Randell, Miers, Rish, Burke,
Chapman, Mattox, Craig, Tubbs, Glisson, Zinkil, Elmore, Lan-
caster, Shaw, Tillman, Trombetta, Harllee, Jones, Gorman, J. R.
Clark, Tyrrell, Santora, Gallen, Hazelton, Fortune, Hollings-
worth, Savage, Culbreath, Lane, and Tobiassen-

December 8, 1971

HB 45-D-A bill to be entitled An act relating to the division
of commercial development of the department of commerce;
providing for a supplemental appropriation to the division of
commercial development for the 1971-1972 fiscal year to provide
certain vital services to the rural, undeveloped, economically de-
pressed areas, and the underemployed metropolitan areas of the
state relative to selectively attracting compatible and environ-
mentally clean new industries to said areas; providing that a
certain amount of said appropriation shall be used by the bureau
of business development of said division for regional research
studies and reports while the balance of said appropriation
shall be used for travel, printing, telephone, and direct mail
expenses; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations, consent for its introduction by the
required Constitutional two-thirds vote having been given earlier.

By the Committee on Criminal Justice-
HCR 64-D-A concurrent resolution recommending that the
governor and the cabinet decide upon the location of the Florida
Police Academy.
-was placed in the Committee on Rules & Calendar.

Recess

Pursuant to the motion previously adopted, the House re-
cessed at 11:50 a.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
Carlucci
Chapman
Cherry
Clark, David
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
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.

Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
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.

Reports of Standing Committees

The Committee on Finance & Taxation recommends the fol-
lowing pass:
SB 10-D, with amendment
SB 36-D, with amendment
SB 51-D (fiscal note attached)
The bills were placed on the Rules Calendar.

The Committee on Appropriations recommends the following
pass:

90

Matthews, H. Wolfson
Sykes

December 8, 1971 JOURNAL OF THE HOUSE OF REPRESENTATIVES 91

SB 37-D, with amendments, (fiscal note attached) Mr. Danahy moved the adoption of the amendment, which
HB 45-D, with amendments, (fiscal note attached) was adopted.
HB 58-D, with amendments, (fiscal note attached)
The bills were placed on the Rules Calendar. The Committee on Appropriations offered the following
amendment:
The Committee on Appropriations recommends a committee Amendment 2-In title, strike on line 10 the word "pro-", all
substitute for the following: HB 57-D (fiscal note attached) of lines 11 and 12 and the words "in office" on line 13.
The bill with committee substitute was placed on the Rules Mr. Danahy moved the adoption of the amendment, which
Calendar. was adopted.

On motion by Mr. Danahy, the rules were waived and
Report of the Committee on Rules & Calendar HB 58-D, as amended, was read the third time by title. On
passage, the vote was:

The following report was read:

The Honorable Richard A. Pettigrew December 8, 1971
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits as
the Special Order Calendar under Rule 8.16 for Wednesday
afternoon, December 8, 1971, the consideration of the follow-
ing bills:

HB 58-D-Relates to local government finance
SB 37-D-Relates to farm labor
SB 36-D-Corporate self-dealing
CS/HB 57-D-Relates to per diem for public officers and
employees
HB 45-D-Relates to appropriation to Commercial Develop-
ment
SB 51-D-Repeal intangible personal property tax
Upon final passage of HJR 11-D, your Committee further
recommends consideration of HB 23-D.
Your committee further recommends for introduction HCR
64-D, relating to Police Academy.

A quorum of the Committee was present in person and a
majority of those 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.

On motion by Mr. Dubbin, consented to by the required
Constitutional two-thirds vote, HCR 64-D was admitted for
later introduction, the Speaker having ruled that the measure
was not within the purview of the Governor's call.

Consideration of the Special Order

HB 58-D-A bill to be entitled An act relating to local govern-
ment finance; establishing a division of local finance within
the department of community affairs; requiring financial re-
ports by local governments; providing for suspension of pay-
ments to local governments which fail to comply; providing
that failure to comply shall constitute misfeasance or non-
feasance in office; transferring duties of department of ad-
ministration relating to local finance to the division of local
finance; requiring an interim report; authorizing transfer of
funds within the department of community affairs; providing
an effective date.
-was taken up and read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 3, strike all of subsection 3.

Yeas-71
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Carlucci
Cherry
Clark, J. R.
Conway
Crane
Culbreath
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone

Nays-27
Brown
Burke
Chapman
Clark, David
Craig
Harllee
Hazelton

Firestone
Fleece
Forbes
Fortune
Fulford
Gallen
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harris
Hartnett
Hector
Johnson
Jones
Kershaw

Hess
Lancaster
Matthews, H.
Mattox
Miers
Mooney
Moudry

Lane
Libertore
MacKay
Martinez
McDonald
Melvin
Milburn
Mixson
Murphy
Nease
Ogden
Poole
Powell
Redman
Reeves
Renick
Robinson, A. S.
Ryals

Nergard
Poorbaugh
Rish
Shaw
Sims
Smith
Sykes

Sackett
Santora
Savage
Singleton
Spicola
Stevens
Sweeny
Tillman
Trombetta
Tyrrell
Whitson
Whitworth
Wilson
Winn
Wolfson
Woodward
Yancey

Thomas
Tobiassen
Tubbs
Tucker
Williamson
Zinkil

Representatives Gautier, J. W. Robinson, and Shreve were
recorded as voting Yea and Representative Hollingsworth was
recorded as voting Nay.
So the bill passed, as amended, and was ordered immediately
certified to the Senate after engrossment.

SB 37-D-A bill to be entitled An act relating to farm
labor; amending sub-section (3) of section 5, chapter 71-234,
Laws of Florida, providing that the payment of the required
twenty-five dollar ($25.00) registration fee from the farm
labor contractor to the farm labor and rural manpower service
shall be deposited in a trust fund in the state treasury and
utilized for administration of the act.
-was taken up. On motion by Mr. Mixson, the rules were
waived and SB 37-D was read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 1, line 23, immediately after "de-
posited", strike "in a trust fund in the state treasury and
utilized for administration of this act." and insert the follow-
ing: in the state treasury into the crew chief registration
trust fund which is hereby created and shall be utilized for ad-
ministration of this act.
Mr. Mixson moved the adoption of the amendment, which
was adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 2-On page 1, strike all of lines 26 and 27 and
insert the following: Section 2. Subsection (3) of section 4
of Chapter 71-234, Laws of Florida, is amended to read:
(3) Unless sooner revoked each certificate of registration
shall run to and include the thirty-first thirtieth day of

JOURNAL OF THE HOUSE OF REPRESENTATIVES

December J-.*e next following the date of issuance and may be
renewed each year upon application on a form prescribed by
the farm labor and rural manpower service.
Section 3. This act shall take effect upon becoming a law.
Mr. Mixson moved the adoption of the amendment, which
was adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 3-In title, line 13, strike the period and insert
the following: ; requiring a certificate of registration by a
certain date; providing an effective date.
Mr. Mixson moved the adoption of the amendment, which
was adopted.

On motion by Mr. Mixson, the rules were waived and
SB 37-D, as amended, was read the third time by title. On
passage, the vote was:

Yeas-92

Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Craig
Crane
Culbreath
Danahy
Dixon
Earle
Elmore
Featherstone
Fleece
Nays-None

Forbes
Fortune
Fulford
Gallen
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Harllee
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore

Martinez
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Poole
Poorbaugh
Powell
Redman
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett

Santora
Savage
Shaw
Sims
Singleton
Smith
Spicola
Stevens
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Tucker
Walker
Whitson
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil

Representatives Firestone, Gautier, Reeves, and Shreve were
recorded as voting Yea.

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

Mr. Wilson moved that the rules be waived and the House
revert to the order of Motions Relating to Committee Reference.
Pending consideration thereof, Mr. Kershaw moved that the
motion be laid on the table, which was not agreed to.

The question recurred on the motion by Mr. Wilson, which
was agreed to, and the House reverted to the order of-

Motions Relating to Committee Reference

On motion by Mr. Wilson, agreed to by two-thirds vote, HJR
48-D was withdrawn from the Committee on House Administra-
tion & Conduct. The vote was:

Yeas-66

Andrews
Blackburn
Brown
Burke
Chapman
Cherry
Clark, David
Clark, J. R.
Conway

Craig
Crane
Culbreath
Dixon
Earle
Elmore
Fleece
Fortune
Fulford

Gallen
Glisson
Gorman
Grizzle
Harllee
Hazelton
Hector
Hess
Hollingsworth

Johnson
Jones
Lancaster
Lane
Libertore
MacKay
Matthews, H.
Mattox
McDonald

Melvin
Miers
Mixson
Mooney
Moudry
Murphy
Nease
Nergard

Nays-25
Mr. Speaker
Baker
Baumgartner
Birchfield
Carlucci
Danahy
Featherstone

Poole Shreve
Poorbaugh Sims
Powell Smith
Reeves Sykes
Rish Thomas
Robinson, A. S. Tillman
Robinson, J. W. Tobiassen
Savage Tucker

Firestone
Forbes
Gibson
Gillespie
Grainger
Hartnett
Kershaw

Martinez
Redman
Ryals
Santora
Singleton
Stevens
Sweeny

Walker
Westberry
Whitson
Williamson
Wilson
Woodward

Winn
Wolfson
Yancey
Zinkil

On motion by Mr. Wilson, agreed to by two-thirds vote, HJR
48-D was withdrawn from the Committee on Appropriations, and
HJR 48-D was placed on the Rules Calendar.

Mr. Wilson moved that the rules be waived and HJR 48-D be
withdrawn from the Rules Calendar and placed on the Special
Order Calendar. There was objection.

Mr. Whitson requested unanimous consent to take up HJR
48-D out of its regular order.

In view of the parliamentary problems involved, the Speaker
appointed Representatives Wilson, Chairman; Sweeny, Gustaf-
son, and Yancey as an advisory committee to study the rules.

Continuation of Consideration of the Special Order

SB 36-D-A bill to be entitled An act relating to corpora-
tions; prohibiting a corporation during the period it is a pri-
vate foundation under the Internal Revenue Code, 26 U.S.C.,
as in effect on the effective date of this act, from engaging
in any act of self-dealing, from retaining any excess business
holdings, from making any investment which would jeopardize
the carrying out of any of the exempt purposes of the corpora-
tion, and from making any expenditure which gives rise to
federal income taxation; requiring the corporation to make
certain distributions to avoid liability for tax; providing limited
application of this act upon judicial determination that same
is contrary to a corporation's governing instruments; providing
the rights and powers of the courts and of the department of
legal affairs are not impaired; providing an effective date.
-was taken up. On motion by Mr. Wolfson, the rules were
waived and SB 36-D was read the second time by title.

The Committee on Finance & Taxation offered the following
amendment:
Amendment 1-On page 2, line 5, strike the period and insert
the following: including corresponding provisions of any sub-
sequent federal tax laws.
Mr. Wolfson moved the adoption of the amendment, which
was adopted.

On motion by Mr. Wolfson, the rules were waived and SB
36-D, 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
Caldwell

Carlucci
Chapman
Cherry
Clark, David
Conway
Craig
Crane
Culbreath
Danahy
Dixon

Elmore
Featherstone
Firestone
Fleece
Forbes
Fortune
Fulford
Gallen
Gibson
Gillespie

Glisson
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hartnett
Hazelton
Hess
Hollingsworth

92

December 8, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Holloway Miers Sackett Tucker
Johnson Milburn Santora Walker
Jones Mixson Savage Westberry
Kershaw Mooney Shreve Whitson
Lancaster Murphy Sims Whitworth
Lane Nease Singleton Williamson
Libertore Nergard Spicola Wilson
MacKay Powell Stevens Winn
Martinez Randell Sykes Wolfson
Matthews, H. Redman Thomas Woodward
Mattox Renick Tillman Yancey
McDonald Rish Tobiassen Zinkil
Melvin Ryals Tubbs

Nays-2
Poorbaugh Robinson, A. S.

Representative Gautier was recorded as voting Yea.

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

HB 57-D was taken up, together with:

By the Committee on Appropriations-
CS for HB 57-D-A bill to be entitled An act relating to
public officers and employees; amending section 112.061(6) (d),
Florida Statutes, relating to the rates of per diem and sub-
sistence allowance, to provide that the per diem allowance shall
be twenty-one dollars ($21); providing an effective date.
-which was read the first time by title and HB 57-D was
laid on the table.

On motion by Mr. Tucker, the rules were waived and CS for
HB 57-D was read the second time by title.

Representative Tucker offered the following amendment:
Amendment 1-On page 2, lines 12 through 14, strike all of
subsection (c) and renumber existing subsections
Mr. Tucker moved the adoption of the amendment, which was
adopted.

Representative H. Matthews offered the following amend-
ment:
Amendment 2-On page 2, line 9, following "judges of the
district courts of appeal" strike lines 10 through 17 and insert
the following: mey +eeeiVe twenty-4ive dellera pe* diem while
traveling n e ofieiel buiinec and e4. A44 all other public offi-
cers and agency heads may eeeive ei to twenty deli'e l pep
di4em whle traveling on official business- and 44(-. A-14 all other
travelers may be allowed up to seventeen delleae pe d4emf-
twenty-one dollars per diem.
Mr. H. Matthews moved the adoption of the amendment, which
failed of adoption.

On motion by Mr. Tucker, the rules were waived and CS for
HB 57-D, as amended, was read the third time by title. On
passage, the vote was:

Yeas-75
Mr. Speaker Danahy Hollingsworth Ogden
Alvarez Dixon Jones Poorbaugh
Andrews Elmore Kershaw Redman
Baumgartner Featherstone Lancaster Renick
Birchfield Firestone Lane Rish
Brown Fleece Libertore Robinson, A. S.
Burke Forbes MacKay Robinson, J. W.
Caldwell Fortune Martinez Ryals
Chapman Gallen Mattox Sackett
Cherry Gillespie McDonald Santora
Clark, David Grainger Melvin Shaw
Clark. J. R. Gustafson Miers Shreve

Conway Harllee Mixson Sims
Craig Hazelton Mooney Singleton
Crane Hector Moudry Spicola
Culbreath Hess Murphy Stevens

Sykes Tubbs Westberry Woodward
Tillman Tucker Wilson Zinkil
Trombetta Turlington Winn

Nays-20
Baker Gorman Milburn Thomas
Carlucci Grizzle Powell Tobiassen
Fuiiord Harris Randell Tyrrell
Gibson Johnson Savage Walker
Glisson Matthews, H. Smith Williamson
Representatives Gautier, Nease, Reeves, Whitson, and Wolf-
son were recorded as voting Yea.

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

HB 45-D-A bill to be entitled An act relating to the division
of commercial development of the department of commerce;
providing for a supplemental appropriation to the division of
commercial development for the 1971-1972 fiscal year to provide
certain vital services to the rural, undeveloped, economically de-
pressed areas, and the underemployed metropolitan areas of the
state relative to selectively attracting compatible and environ-
mentally clean new industries to said areas; providing that a
certain amount of said appropriation shall be used by the bureau
of business development of said division for regional research
studies and reports while the balance of said appropriation
shall be used for travel, printing, telephone, and direct mail
expenses; providing an effective date.
-was taken up. On motion by Mr. Mixson, the rules were
waived and HB 45-D was read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 3, line 4, strike "two hundred thou-
sand dollars ($200,000)" and insert the following: one hundred
thousand dollars ($100,000)
Mr. Mixson moved the adoption of the amendment, which
was adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 2-On page 3, strike on line 17 "Not less than"
and all of lines 18 through 20 and on line 21 "with the balance
of the appropriation" and insert the following on line 21: This
appropriation is
Mr. Mixson moved the adoption of the amendment, which
was adopted.

On motion by Mr. Mixson, the rules were waived and HB
45-D, as amended, was read the third time by title.

Pending roll call, Mrs. Grizzle moved that HB 45-D be laid
on the table, which was not agreed to.

The question recurred on the passage of HB 45-D, as amended.
The vote was:

Yeas-86
Mr. Speaker Culbreath Holloway Mooney
Alvarez Danahy Johnson Moudry
Andrews Dixon Jones Murphy
Baker Earle Kershaw Nergard
Birchfield Elmore Lancaster Poorbaugh
Blackburn Forbes Lane Powell
Brown Fortune Libertore Randell
Burke Fulford MacKay Reeves
Caldwell Gallen Martinez Renick
Chapman Gillespie Matthews, H. Rish
Cherry Glisson Mattox Robinson, A. S.
Clark, David Harllee McDonald Robinson, J. W.
Clark, J. R. Hazelton Melvin Ryals
Conway Hector Miers Sackett

Craig Hess Milburn Santora
Crane Hollingsworth Mixson Savage

December 8, 1971

93

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Shaw
Shreve
Sims
Singleton
Spicola
Stevens

Nays-12
Carlucci
Featherstone
Gibson

Thomas
Tillman
Tobiassen
Trombetta
Tubbs
Tucker

Grainger
Grizzle
Harris

Turlington
Tyrrell
Walker
Westberry
Whitson
Wilson

Nease
Ogden
Redman

Winn
Wolfson
Woodward
Zinkil

Smith
Sykes
Williamson

Representatives Gautier and Gorman were recorded as vot-
ing Yea and Representative Smith changed his vote from
Nay to Yea.

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

SB 51-D-A bill to be entitled An act relating to intangible
personal property taxes; amending 199.032, Florida Statutes,
as created by chapter 71-134, Laws of Florida; repealing the
intangible tax on money; providing an effective date.
-was taken up and read the second time by title.

On motion by Mr. Reeves, the rules were waived and SB
51-D was read the third time by title. On passage, the vote was:

Yeas-87
Mr. Speaker
Alvarez
Andrews
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Conway
Craig
Crane
Culbreath
Danahy
Dixon
Dubbin
Elmore
Featherstone
Firestone
Fortune
Fulford

Nays-13
Baker
Baumgartner
Birchfield
Carlucci

Gallen
Gibson
Gillespie
Glisson
Gorman
Grainger
Grizzle
Hartnett
Hazelton
Hector
Hess
Hodes
Hollingsworth
Holloway
Johnson
Kershaw
Lancaster
Libertore
MacKay
Mattox
McDonald
Melvin

Clark, J. R.
Earle
Harllee
Harris

Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Poorbaugh
Powell
Randell
Redman
Reeves
Renick
Rish
Robinson, A. S.
Robinson, J. W.
Ryals
Sackett
Savage
Sessums
Shaw
Shreve

Jones
Lane
Ogden
Spicola

Sims
Singleton
Smith
Stevens
Sweeny
Sykes
Thomas
Tillman
Tobiassen
Trombetta
Tubbs
Tucker
Turlington
Walker
Whitson
Williamson
Wilson
Winn
Woodward
Yancey
Zinkil

Wolfson

Representatives Gautier, Gustafson, and Miers were recorded
as voting Yea and Representatives Jones and Lane changed
their votes from Nay to Yea.

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

Messages from the Senate

December 8, 1971

I am directed to inform the House of Representatives that
the Senate has passed with amendments-7-

By the Committee on Finance & Taxation-
HB 30-D--A bill to be entitled An act relating to taxation
and finance; repealing Articles III and IV of the Multistate
Tax Compact, section 213.15, Florida Statutes; providing an
effective date,.

Amendment 1-On page 1, line 13 strike Section 2 and insert
the following: Section 2. Paragraph 214.71(3) (a), Florida Stat-
utes, is amended to read:
214.71 Apportionment; general method.-Except as other-
wise provided in sections 214.72 and 214.73, the base upon which
any tax made applicable to this chapter shall be apportioned
shall be determined by multiplying same by a fraction, the
numerator of which is the sum of the property factor, the pay-
roll factor and the sales factor, and the denominator of which
is three (3). In the event any of the factors described in sub-
sections (1), (2) or (3) has a denominator which is zero or is
determined by the department to be insignificant, the denomi-
nator of the apportionment fraction shall be reduced by the
number of such factors.
(3) The sales factor is a fraction, the numerator of which
is the total sales of the taxpayer in this state during the taxable
year or period and the denominator of which is the total sales of
the taxpayer everywhere during the taxable year or period.
(a) Sales of tangible personal property are in this state if+
-(- the property is delivered or shioped to a purchaser within
this state, regardless of the f.o.b. point or other conditions of the
sale-* eo.
+4- the property i e-4pped fem en ef eice, there, weeonHee,
f-aeteoy- or other e olaee e4 etepege i the et te-, en either the
p*rehase- is the -Te-ited statue government e e the tfaxpfyer ie
not objeet to a eemperable tax-o n the eeale in the etate 4. the
pehehser:
Section 3. This act shall take effect on January 1, 1972.

Amendment 2-On page 1, line 7 following the semicolon in-
sert the following: repealing subparagraph 214.71(3) (a) (2),
Florida Statutes;

-and requests the concurrence of the House therein.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

On motions by Mr. Turlington, the House concurred in Senate
Amendments 1 and 2 to HB 30-D.

The question recurred on the passage of HB 30-D, as amend-
ed by Senate amendments. The vote was:

Yeas-99

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Carlucci
Chapman
Clark, David
Conway
Craig
Crane
Culbreath
Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone
Firestone
Fleece
Forbes
Nays-None

Fortune
Fulford
Gallen
Gibson
Gillespie
Gorman
Grizzle
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
McDonald

Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Redman
Reeves
Rish
Robinson, J. W.
Ryals
Sackett
Santora
Savage
Sessums
Shaw
Shreve
Sims

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

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 8, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representatives Glisson, Mattox, and Renick were recorded
as voting Yea.

So the bill passed, as amended by Senate amendments. The
action of the House was ordered certified to the Senate and the
bill was ordered engrossed.

The Honorable Richard A. Pettigrew
Speaker, House of Representatives

December 2, 1971

Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden
Poole
Poorbaugh
Powell
Redman
Reeves

Renick Stevens
Rish Sweeny
Robinson, J. W. Sykes
Ryals Thomas
Sackett Tillman
Savage Tobiassen
Shaw Trombetta
Shreve Tubbs
Sims Tucker
Singleton Turlington
Smith Tyrrell
Spicola Walker

I am directed to inform the House of Representatives that
the Senate has refused to concur in House amendments to-

By the Committee on Ways and Means--
CS for SB 8-D-A bill to be entitled An act relating to
tax on rentals; amending section 212.03, Florida Statutes, by
adding subsection (7) to provide an exemption on rentals of
buildings intended primarily for lease or rent to persons as their
principal or permanent place of residence; amending sections
212.02 (6)(h), 212.031 (1)(a), and 212.031 (1)(b), Florida
Statutes, relative to such exemption on rentals; providing the
Department of Revenue with responsibility for certain classi-
fication; providing an effective date.

House Amendment 1-On page 5, line 2, strike "January
1, 1972" and insert the following: July 1, 1972

House Amendment 2-On page 2, line 11, after the word
"facilities" insert the following: including trailer lots,

House Amendment 3-On page 3, lines 3, 5 & 6, strike "Jan-
uary 1, 1972" and insert the following: July 1, 1972

-and requests the House to recede therefrom.
Respectfully,
Elmer 0. Friday, Jr.
Secretary of the Senate

On motion by Mr. Turlington, the House reconsidered the
vote by which CS for SB 8-D passed and the bill was placed on
third reading.

On motion by Mr. Turlington, the House reconsidered the
vote by which Amendment 1 was adopted. Without objection,
the amendment was withdrawn.

Representative Turlington offered the following amendment:
Amendment 4-On page 5, line 2, strike "January" and in-
sert the following: March
Mr. Turlington moved the adoption of the amendment, which
was adopted by two-thirds vote.

On motions by Mr. Turlington, the House refused to recede
from House Amendments 2 and 3 and respectfully requested the
Senate to concur.

The question recurred on the passage of CS for SB 8-D as
further amended. The vote was:

Nays-None

So the bill passed, as further amended.

Subsequently, on motion by Mr. Turlington, the House recon-
sidered the vote by which CS for SB 8-D passed, as further
amended.

On motion by Mr. Turlington, the House reconsidered the
vote by which Amendment 3 was adopted. Without objection,
the amendment was withdrawn.

Representative Turlington offered the following amendment:
Amendment 5-On page 3, lines 3, 5 and 6, strike "January"
and insert the following: March
Mr. Turlington moved the adoption of the amendment, which
was adopted by two-thirds vote.

The question recurred on passage of CS for SB 8-D, as
further amended. The vote was:

Yeas-96
Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Chapman
Cherry
Clark, David
Clark, J. R.
Conway
Crabtree
Craig
Crane
Culbreath
Danahy
Dubbin
Earle
Elmore
Featherstone
Firestone

Fleece
Fortune
Fulford
Gallen
Gibson
Gillespie
Gorman
Gustafson
Harllee
Harris
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway
Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez

Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nergard
Poole
Poorbaugh
Powell
Randell
Redman
Renick
Rish
Robinson, J. W.
Sackett
Savage
Shaw
Shreve
Sims

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

Nays-1
Glisson

Yeas-102 Representative Reeves was recorded as voting Yea.

Mr. Speaker
Alvarez
Andrews
Baker
Baumgartner
Birchfield
Blackburn
Brown
Burke
Caldwell
Carlucci
Chapman
Cherry
Clark, David

Clark, J. R.
Conway
Craig
Crane
Culbreath
Danahy
Dixon
Earle
Elmore
Featherstone
Firestone
Fleece
Fortune
Fulford

Gallen
Gibson
Gillespie
Gorman
Grainger
Grizzle
Gustafson
Harllee
Hartnett
Hazelton
Hector
Hess
Hollingsworth
Holloway

Johnson
Jones
Kershaw
Lancaster
Lane
Libertore
MacKay
Martinez
Matthews, H.
Mattox
McDonald
Melvin
Miers
Milburn

So the bill passed, as amended. The action of the House,
together with CS for SB 8-D and amendments thereto, was
ordered immediately certified to the Senate.
The absence of a quorum was suggested. A quorum of 106
Members was present.

Conference Committee Report on CS for HB 16-D

On motion by Mr. Turlington, the House took up the follow-
ing Report of the Conference Committee on CS for HB 16-D.

Westberry
Whitson
Whitworth
Williamson
Wilson
Winn
Wolfson
Woodward
Yancey
Zinkil

95

December 8, 1971

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The Honorable Jerry Thomas December 8, 1971
President of the Senate
The Honorable Richard A. Pettigrew
Speaker, House of Representatives
Gentlemen:
Your Conference Committee on the disagreeing votes of the
two Houses on the Senate amendments to Committee Substi-
tute for House Bill 16-D, same being: A bill to be entitled An
act relating to taxation and finance; amending Title XIII,
Florida Statutes, to provide for the imposition, collection and
administration of an income tax on corporations and other arti-
ficial persons; amending subsection 323.15(6), Florida Statutes,
to remove the income tax exemption of motor carriers; amend-
ing sections 624.0307 and 624.0308, Florida Statutes, to provide
a credit for insurers against insurance premium taxes for an
"amount of income taxes paid; providing an appropriation and
procedures for competitive bidding; providing an effective date.
having met; and after full and free conference, have agreed to
recommend and do recommend to their respective Houses, as
follows:
1. That the House adopt the following Senate amendments
to Committee Substitute for House Bill 16-D:
(a) Number 1 (eliminating all gross receipts tax credits);
(b) Number 8 (eliminating the addition to taxable in-
come of gross receipts tax payments deducted for
federal income tax purposes);
(c) Number 28 (eliminating a December 31, 1971 cut-off
for computing capital gains and losses);
(d) Number 11 (deleting from the bill an appropriation
to the department of revenue);
(e) Number 19 (authorizing regional deposits of tax
payments);
(f) Numbers 5, 6, 7, 9, 12, 13 and 14 (making technical
and conforming amendments to the bill);
(g) Numbers 10 and 32 (deleting provisions left in the
House bill which related to the taxation of banks);
provided, however, that the conferees on the part of
both Houses, in the light of additional facts, recog-
nize that the present federally-provided exemptions
from and restrictions on state taxation of banks and
similar financial institutions provide these institu-
tions an effective tax rate which is not equitable in
comparison with other businesses, and the conferes
recommend to both Houses that they review the
extent to which banks are in fact taxed on their
net incomes under C/S for HB 16-D and take such
further action as is appropriate to provide tax treat-
ment to that segment of the business community
which is equitable in relation to other businesses.
2. That the House and Senate adopt the following Senate
amendments to Committee Substitute for House Bill 16-D,
as further amended by the Conference Committee:
(a) Number 20 (adopting a mandatory apportionment
formula based 50% on sales, 25% on property and
25% on payroll), with Conference Committee Amend-
ment No. 1 which is attached to and made a part of
this report (providing that no multistate corporation
shall be taxed at more than 100% of federal taxable
income as a result of said mandatory apportionment
formula);
(b) Number 2 (granting a full income tax credit against
insurance premium taxes), with Conference Commit-
tee Amendment Number 2 which is attached to and
made a part of this report (preventing erosion of
firemen's and policemen's retirement funds).
(c) No. 25 (relating to long term installment sales con-
tracts), with Conference Committee Amendment No.
3 which is attached to and made a part of this report
(taxing less than the entire amount of installment
sale income derived from transactions consummated
prior to 1972).

(d) No. 4 (imposing a tax on subchapter S corporations),
with Conference Committee Amendment No. 4 which

is attached to and made a part of this report (post-
poning the taxation of subchapter S corporations
until taxable years commencing after June 30, 1973).
3. That the Senate recede from the following Senate amend-
ments to Committee Substitute for House Bill 16-D:
(a) Numbers 26 and 31 (relating to the ad valorem tax
credit for regional home offices of insurers).
(b) No. 17 (providing for a tax rate of 212% on the
first $25,000 of taxable income and a rate of 5%
on the excess of taxable income).
4. That the House and Senate introduce and pass by the
requisite number of votes the Conference Committee Bill
(identical to Senate amendment Number 26) attached
hereto and by reference made a part of this report and
that failure to introduce and adopt the bill as recom-
mended by the Conference Committee shall result in a
rejection of the Conference Committee report.

Louis de la Parte
Bill Gunter
Kenneth M. Myers
Kenneth Plante
Alan Trask
Lee Weissenborn
J. H. Williams
MANAGERS ON THE PART
OF THE SENATE

Ralph D. Turlington
George Caldwell
Marshall S. Harris
Carl Ogden
Guy Spicola
Ed Trombetta
Gordon W. Tyrrell
MANAGERS ON THE PART
OF THE HOUSE OF
REPRESENTATIVES

Senate Amendment 1-Strike all of lines 13 through 31 on
page 25 and all of lines 1 through 10 on page 26.

Senate Amendment 8-On page 13, strike "; and" on line 16
and all of lines 17 through 21 and insert a period.

Senate Amendment 28-On pages 16 and 17, page 16, lines
13-26; page 17, lines 1-27 strike section 220.13(1) (c): page 16,
lines 13-26; page 17, lines 1-27

Senate Amendment 11-On page 48, line 15 strike all of
paragraph (b) and the reference to "(a)" on page 48, line 8

Senate Amendment 19-On page 34, line 17 following the
comma after the word "filing" insert the following: including
payment to such depository institutions throughout the state
as the department may by regulation designate,

Senate Amendment 5-On page 2, strike all of line 15.

Senate Amendment 6--On page 6, line 21 strike "619" and
insert the following: 618

Senate Amendment 7-On page 10, strike all of line 9.

Senate Amendment 9-On page 18, line 28 strike the period
and insert the following: a semicolon

Senate Amendment 12--On page 1, strike all of lines 16 and
17

Senate Amendment 13--On page 45 after line 9 insert the
following: the sales tax imposed by Chapter 212, Florida Stat-
utes

Senate Amendment 14--On page 16, line 9 strike "(IV)" and
insert the following: (III)

Senate Amendment 10-On page 26, line 11, strike all of
paragraph (3)

Senate Amendment 32-On page 49, line 30 strike "It is
expressly" and all of lines 1 through 13 on page 50.

Senate Amendment 20-On page 25, line 12 strike the period
and insert the following: ; and

December 8, 1971

JOURNAL OF THE HOUSE

(3) the term "everywhere" in Part IV of said act which is
used in the computation of apportionment factor denominators
shall mean "in all other states of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, any terri-
tory or possession of the United States, or any political subdi-
vision of the foregoing;" and
(4) in lieu of the equally weighted three factor apportion-
ment fraction based on property, payroll and sales which is de-
scribed in section 214.71, there shall be used for purposes of
the tax imposed by this Code an apportionment fraction com-
posed of a sales factor representing 50% of the fraction, a
property factor representing 2Z5% oi this fraction, and a pay-
roll factor representing 25% of the fraction.

Senate Amendment 2-On page 45, line 12 strike all of lines
12 through 29 on page 45, and all of pages 46 and 47, and all
of lines 1 through 6 on page 48, and insert the following: Sec-
tion 3. Section 624.0307, Florida Statutes, is amended by add-
ing a new subsection (4) to read:
624.0307 Premium tax; rate and computation.-
(4) The income tax imposed under chapter 220, Florida Stat-
utes, which is paid by any insurer shall be credited against and
to the extent thereof discharge the liability for tax imposed by
this section for the annual period in which said income tax
payment is made. For purposes of this subsection, payments of
estimated income tax under chapter 220, Florida Statutes, shall
be deemed "paid" either at the time the insurer actually files
its annual return under that chapter or at the time said return
is required to be filed, whichever first occurs, and not at such
earlier time as such payments of estimated tax are actually
made.
Section 4. Section 624.0308, Florida Statutes, is amended by
adding a new subsection (3) to read:
(3) The income tax imposed under chapter 220, Florida
Statutes, which is paid by any insurer shall be credited against
and to the extent thereof discharge the liability for tax imposed
by this section for the annual period in which said income tax
payment is made; provided that the aggregate income tax
credit for any insurer under this subsection and subsection
624.0307 (4) shall not exceed the amount of tax paid under
chapter 220 in any calendar year. For purposes of this sub-
section, payments of estimated income tax under chapter 220,
Florida Statutes, shall be deemed "paid" either at the time the
insurer actually files its annual return under that chapter
or at the time said return is required to be filed, whichever
first occurs, and not at such earlier time as such payments of
estimated tax are actually made.

Senate Amendment 25-On page 17b, line 25 strike all of sub-
paragraph (iv) and insert the following: (iv) If an election is
made under subparagraph (ii), the taxpayer shall adjust tax-
able income (as defined in subsection (2)), by excluding
therefrom all installment sale income reported in the taxable
year under section 453 of the Internal Revenue Code with re-
spect to long term sales contracts executed prior to January
1, 1972, but there shall be added to taxable income all expenses
deducted on the return for the taxable years with respect to
such excluded installment sale income, including collection
costs and expenses attributable to servicing such prior sales.
For purposes of the preceding sentence, the term "long term
sales contract" means a contract for the sale of property which
provides for payment of the purchase price at periodic intervals
over a period extending 5 years or more from the date of
execution of such contract.

Senate Amendment 4-On page 20, strike all of lines 13
through 15 and insert the following: Revenue Code shall mean
taxable income as defined in section 63 of the Internal Revenue
Code, and not small business corporation taxable income de-
scribed in sub section 1373 (d) of the Code.

Senate Amendment 26-On page 45 after line 11, insert the
following: Section 3. Section 624.0312(1), Florida Statutes, is
amended to read:
624.0312 Regional home offices of foreign insurers; credits
on premium tax liability.-

(1) A foreign insurer formed by or under the laws of any
other state or foreign country, which is subject to the taxes
imposed by sections 624.0307 and 624.0308, and which owns

December 8, 1971

over the amount of federal taxable income for the taxable year.
(c) For purposes of this subsection, the terms "net income
subject to tax" and "amount subject to tax" shall mean the
amount against which a rate or rates are applied in determin-
ing the taxpayer's dollar liability for tax in any jurisdiction.

OF REPRESENTATIVES 97

and substantially occupies any building in this state as a
regional home office, as hereinafter defined, shall be entitled
to the following credits end deductions against such tax:
+a)- An amount equal to fifty per cent of the amount of the
tax as determined under said sections; and
b+ An ieant etqual e the fall amount e4 all ad olerem
taxes paid by sueh a f-oeig n see i daing the yeap r next
reeed4ig the fi ling e4 te return required by eetion 624.r

Spen ay bldin nd the land en whieh it eta nds in this
tate ewned and autantially seepied by seekforeign in er
in the said ten year as a region l heme ef4iee together with
any adjeeit lend t meay be required er the eenvrnient uee
aend ee-patien thereef andt
2. 4Upen any property ised in ieen t4ie with the eperaeien
&Rnd faintenanee e seach regional homo e4iee-1 provided? how-
ever, that in rio event shall sash eredite and deduetions-reduee
the amelant e4 x payable to kes then twenty per ent oe the
amente4 th-e taxe ee determined under seetion 624-. aend
624.3O8f,- and5 provided further, that as to a foreign insurer
issuing policies insuring against loss or damage from the risks
of fire, tornado, and certain casualty lines, the tax imposed by
sections 624.0307 and 624.0308, as intended and contemplated by
the above provisions of this subsection, shall be construed to
mean the net amount of said tax remaining after there has been
credited thereon such gross premium receipts tax as may be
payable by such insurer in pursuance of the imposition of such
tax by any incorporated cities or towns in the state for fire-
men's relief and pension funds and policemen's retirement funds
maintained in such cities or towns, as provided in and by rele-
vant provisions of Florida statutes.
and renumber subsequent sections of the bill
Senate Amendment 31-In title, on page 1 following line 15,
insert the following: amending subsection 624.0312(1), Florida
Statutes, to limit credits against insurance premium taxes;
Senate Amendment 17-On page 10, lines 25-26 strike "5%
of the taxpayer's net income for the taxable year." and insert
the following: 21/ % of the taxpayer's net income up to $25,000
for the taxable year, and 5% of the taxpayer's net income in
excess of $25,000 for the taxable year.
Conference Committee Amendment 1 to Senate Amendment
20-On page 1, at the end of paragraph (4) strike the period
and insert the following: ; provided however, that upon appli-
cation in accordance with paragraph (a), any taxpayer shall be
entitled to a refund of tax, inan an amount determined under para-
graph (b), if it can establish that the aggregate amount of
its net income subject to tax under this Code and in all other
states for the taxable year exceeds one hundred percent (100%)
of the taxpayer's taxable income, as determined for federal in-
come tax purposes, for the taxable year.
(a) Any taxpayer eligible for a refund under this subsection
shall make application therefore in accordance with procedures
set forth in Part I of the tax administration act of 1971, chapter
214, Florida Statutes. All applications for refund under this sub-
section shall be accompanied by a copy of the taxpayer's federal
income tax return for the taxable year, copies of every return
filed by the taxpayer in the states in which it has conducted
business for the taxable year, and verification in the form of
cancelled checks or other receipts of the taxpayer's payments
of the amounts shown to be due on the several returns filed
with the refund application.
(b) The refund to which any taxpayer shall be entitled under
this subsection shall be equal to five percent (5%) of the lesser
of:
(i) the excess of the amount subject to tax for the taxable
year under this Code over the amount which would have been
subject to tax if the taxpayer had computed net income for
purposes of this Code on the basis of the apportionment frac-
tion described in section 214.71, Florida Statutes; or
(ii) the excess of the aggregate amount of net income subject
to tax in Florida and in all other states for the taxable year

	Title Page
	Members of the House of Repres...
	November 1971
	December 1971
	Index

MILLISECOND	CLASS.METHOD	MESSAGE
0	sobekcm_page_globals.constructor
0	sobekcm_page_globals.constructor	Application State validated or built
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.constructor	Navigation Object created from URI query string
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.display_item	Retrieving item or group information
0	sobekcm_page_globals.get_entire_collection_hierarchy	Retrieving hierarchy information
0	sobekcm_assistant.get_entire_collection_hierarchy
0	cached_data_manager.retrieve_item_aggregation
0	cached_data_manager.retrieve_item_aggregation	Found item aggregation on local cache
0	item_aggregation_builder.get_item_aggregation	Found 'all' item aggregation in cache
0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
0	html_echo_mainwriter.add_style_references	Adding style references to HTML
0	html_echo_mainwriter.add_text_to_page	Reading the text from the file and echoing back to the output stream
136	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file