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Title: Journal of the House of Representatives of the session of ..
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Journal of the House of Representatives of the State of Florida of the session of ..
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Language: English
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Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
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Table of Contents
    Title Page
        Page i
    April 1972
        Saturday, April 8
            Page 1
            Page 2
            Page 3
    Index
        House Bill and Resolution by Number, Subject, Introducer, and Disposition
Full Text

Journal of the

House of Representatives



SPECIAL


SESSION



of the



SECOND LEGISLATURE
[under the Constitution as Revised in 1968]



April 8, 1972






THE JOURNAL OF THE FLORIDA HOUSE

Saturday, April 8, 1972


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 Saturday, April 8, 1972.



The House was called to order at 10:00 a.m. by The Honorable
Richard A. Pettigrew, Speaker, pursuant to the following
Proclamation of the Governor, which was read by the Clerk,
Allen Morris:

PROCLAMATION

State of Florida
Office of the Governor
Tallahassee

TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Legislature has adjourned the Regular Ses-
sion for 1972 as extended without final consideration of legisla-
tion needed to implement the amendment to Article V, Florida
Constitution, and
WHEREAS, it is necessary, economically desirable, and in the
best interest of the State of Florida to convene the Legislature
in Special Session so that it may consider such necessary legis-
lation,
NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor 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, do hereby proclaim as follows:
1. That the Legislature in the State of Florida is convened in
Special Session pursuant to Section 3(c), Article III, Florida
Constitution, at the Capitol, Tallahassee, Florida, at 10:00 o'clock
a.m. on Saturday, the 8th day of April, 1972, for a period of
one (1) day.
2. That the Legislature is convened for the sole purpose of
considering legislation concerning that part of the implementa-
tion of the amendment to Article V, Florida Constitution, which
relates to the determination of number and compensation of
county judges.
IN TESTIMONY WHEREOF, I have
4 hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed to this Proclamation con-
vening the Legislature in Special Ses-
sion, at the Capitol, this 8th day of
April, 1972.
oo ,REUBIN O'D. ASKEW
Governor



ATTEST:
RICHARD (DICK) STONE
Secretary of State



The following Members were recorded present:



Mr. Speaker
Andrews
Baker
Baumgartner
Birchfield
Blackburn



Brown
Burke
Carlucci
Chapman
Cherry
Clark, David



Clark, J. R.
Conway
Crabtree
Crane
Culbreath
D'Alemberte



Danahy
Dixon
Dubbin
Earle
Elmore
Featherstone



Firestone
Forbes
Fortune
Gibson
Gillespie
Gorman
Grainger
Grizzle
Gustafson
Harris
Hartnett
Hazelton
Hector
Hess
Holloway
Johnson
Jones
Kennelly



Kershaw
Libertore
MacKay
Martinez
Matthews
Mattox
McDonald, D.
McDonald, L.
Melvin
Miers
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Nergard
Ogden



Poorbaugh Sweeny
Powell Sykes
Redman Thomas
Reed Tittle
Reeves Tobiassen
Renick Trombetta
Rish Tucker
Robinson, J. W. Turlington
Sackett Tyrrell
Santora Walker
Savage Westberry
Sessums Whitson
Shreve Whitworth
Sims Wilson
Singleton Wolfson
Smith Woodward
Spicola Yancey
Stevens Zinkil



Excused: Representatives Fleece, Gallen, Tubbs, and Winn.

A quorum was present.


Prayer

Prayer by Representative Elvin Martinez:
My Dear God, on this hopefully the last day of the 1972
Session, let us thank you for allowing us to serve the
people of this great State of Florida and only ask that
you guide us in these waning hours of this historical
Session to do what is right for the people of our State
because surely that means that we are doing what is right
in Thy name. Thank you. Amen.


Remarks by Speaker Pettigrew
The Speaker addressed the House as follows:
Ladies and Gentlemen of the House. I deeply regret, as
I know each of you do that we could not have finished this
one last item of business in the two extra hours after mid-
night.

But we are here, and I hope we can quickly resolve this one
remaining issue and close this session as we intended. The
accomplishments of yesterday were truly phenomenal and I
think we would be remiss if we did not compliment the Senate
on the bulk of good legislation they were finally able to pass
in their tremendous workday Friday. And I think we would also
be remiss if we let this one last snag blur the great accom-
plishments of our two years of achievement because we have
a record of which we can truly be proud.

Since 1967 this House of Representatives has been steadily
becoming one of the best legislative bodies in the nation.



1



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

Speaker Ralph Turlington left a legacy of improvements to
Speaker Schultz and Speaker Schultz took that legacy and
lifted this House to even greater heights.
It has been my goal throughout this administration to upgrade
that legacy and to pass it on to my successor. With your help
and with the help of some of the most outstanding committee
chairmen and committee work in our state's history, I think
we have all succeeded.
In staffing .
In rules improvements .
In the quality of legislation, I think we have excelled the
form and essence of our past efforts. I am confident that those
who come after us will be able to reach even greater heights.
If there has been one change that this legislature in its past
six years of growth can spotlight, I think it can be in re-
sponsiveness to public needs.
From divorce reform and insurance reform, from upgrading
our environment to tax reform this legislature has heard the
voice of the people.
And we have acted.
In constitutional revision, in reorganizing the executive branch
of government.
In modernizing our judicial system, in reapportioning our-
selves this legislature-most often with the House leading the
way-has seen what needed to be done-and has done it.
It is a record of accomplishment which is not finished here
today, but is only the beginning of an era of modern and
responsive government for Florida.
I want to thank each and every one of you personally
for the sacrifice and dedication you have shown, day after
day, week after week, through regular and special sessions for
two exciting, action-filled years.
I am certain that the people of Florida and future genera-
tions and the historians who will examine your record will say
of you:
"They heard the people-and they answered.
They saw what was wrong-and they righted it.
They dared to be great-and they were."
And having said that nothing more remains to be said, ex-
cept, thank you.

On motion by Mr. Reeves, the remarks by the Speaker were
ordered spread upon the Journal.

House Resolution Reaffirmed
Mr. Melvin suggested the House reaffirm the resolves of
HR 5236, 1970 Regular Session, relating to the compilation of
a legislative history. Without objection, the resolution was
reaffirmed.


Introduction and Reference

By Representative D'Alemberte-
BB 1-E--A bill to be entitled An act relating to county
court judges; providing for the number, election and salary of
county court judges; providing an effective date.



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



On motion by Mr. D'Alemberte, agreed to by two-thirds vote,
HB 1-E was withdrawn from the Committees on Judiciary and
Appropriations and taken up. On motion by Mr. D'Alemberte,
the rules were waived and HB 1-E was read the second time by
title.

Representative Johnson offered the following amendment:
Amendment 1-On page 4, strike all after the word "county"
on line 21 and all of lines 22-25 and insert a period.
Mr. Johnson moved the adoption of the amendment, which
was adopted.

Representatives Andrews and Turlington offered the fol-
lowing amendment:
Amendment 2-On page 2, line 16, strike "Alachua 1" and
insert: Alachua 2
Mr. Andrews moved the adoption of the amendment, which
failed of adoption.

Representative Featherstone offered the following amend-
ment:
Amendment 3-On page 2, line 27, strike "24" and insert: 27
Mr. Featherstone moved the adoption of the amendment.
Pending consideration thereof-

On motion by Mr. Yancey the amendment was laid on the
table.

Representative Elmore offered the following amendment:
Amendment 4-On page 1, line 14, strike "1" and insert: 2
Mr. Elmore moved the adoption of the amendment, which
failed of adoption.

Representatives Tucker and Miers offered the following
amendment:
Amedendment 5-On page 1, line 20, strike "1" and insert: 2
Dr. Miers moved the adoption of the amendment, which failed
of adoption.

Representatives Reeves, Hess, and Tyrrell offered the fol-
lowing amendment:
Amendment 6-On page 1, line 13, strike "4" and insert: 5
Mr. Tyrrell moved the adoption of the amendment. Pending
consideration thereof-

On motion by Mr. Dubbin the amendment was laid on the
table.

Representative Chapman offered the following amendment:
Amendment 7-On page 4, line 5, insert: provided however no
county court judge shall receive more than a 20% increase per
year in salary over that being received by the county judge of
that particular county on July 1, 1972 until the $24,000 salary is
reached.
Mr. Chapman moved the adoption of the amendment, which
failed of adoption.

On motion by Mr. D'Alemberte, the rules were waived and
HB 1-E, as amended, was read the third time by title. On pas-
sage, the vote was:

Yeas-77



Mr. Speaker
Baker
Birchfield
Blackburn
Brown
Carlucci
Cherry



Clark, David
Clark, J. R.
Conway
Crabtree
Crane
Culbreath
D'Alemberte



Danahy
Dixon
Dubbin
Earle
Featherstone
Firestone
Forbes



Fortune
Gibson
Gillespie
Gorman
Grainger
Grizzle
Gustafson



April 8, 1972






JOURNAL OF THE HOUSE OF REPRESENTATIVES



Harris
Hartnett
Hazelton
Holloway
Johnson
Jones
Kennelly
Kershaw
Libertore
Martinez
Matthews
Mattox
McDonald, L.



Nays-14
Andrews
Burke
Chapman
Elmore



Melvin
Milburn
Mixson
Mooney
Moudry
Murphy
Nease
Ogden
Poorbaugh
Powell
Redman
Reed
Renick


Hess
MacKay
Miers
Nergard



Robinson, J. W. Thomas
Sackett Tittle
Santora Trombetta
Savage Tucker
Sessums Walker
Shreve Westberry
Sims Whitworth
Singleton Wilson
Smith Woodward
Spicola Yancey
Stevens
Sweeny
Sykes



Reeves
Rish
Tyrrell
Whitson



Wolfson
Zinkil



Representative Tobiassen was recorded as voting Yea; Repre-
sentative Turlington was recorded as voting Nay; and Repre-
sentative Sykes changed his vote from Yea to Nay.

So the bill passed, as amended, and was ordered engrossed.

On motion by Mr. D'Alemberte, the rules were waived for the
Speaker to appoint a free Conference Committee on HB 1-E.

By Representatives MacKay and Andrews-
HR 2-E-A Resolution of the House of Representatives pro-
posing the creation of an interim study by the House and a
report on the long range energy needs of the people of the State
of Florida and the necessary legislation to insure its availability.

Mr. MacKay moved that HR 2-E be admitted for introduction,
the measure being outside the purview of the Governor's call for
this Special Session, which was not agreed to by the required
Constitutional two-thirds vote of the Membership. The vote was:



Yeas-46
Mr. Speaker
Andrews
Baker
Birchfield
Brown
Carlucci
Chapman
Cherry
Clark, David
Conway
Crabtree
Danahy

Nays-41
Blackburn
Burke
Clark, J. R.



Firestone
Forbes
Gillespie
Grainger
Gustafson
Johnson
Kennelly
Kershaw
MacKay
Milburn
Moudry
Murphy



Nergard
Ogden
Poorbaugh
Powell
Redman
Reeves
Robinson, J.
Sackett
Santora
Sessums
Shreve
Singleton



Smith
Spicola
Stevens
Sykes
Thomas
Trombetta
W. Turlington
Tyrrell
Wilson
Wolfson



Gorman
Grizzle
Hazelton
Hess
Holloway
Jones
Libertore
Martinez


Recess



Matthews
Mattox
McDonald, L.
Melvin
Miers
Mixson
Mooney
Nease



Rish
Savage
Sims
Sweeny
Tittle
Tobiassen
Tucker
Walker



Westberry
Whitson
Woodward
Yancey
Zinkil



On motion by Mr. Dubbin, the House recessed at 11:35 a.m. to
reconvene at 1:00 p.m., or upon call of the Speaker, today.


Reconvened

The House was called to order by the Speaker at 1:00 p.m.

A quorum was present.

Announcement
The Speaker reported that he had met with the Governor, and
the President of the Senate. It was felt by the President that
inadequate notice had been given for the calling of the Special
Session today, precluding the presence of many Senators. For
this reason, the Governor advised that he would call an addi-
tional Special Session on Tuesday, April 11, at 10:00 a.m.

Appointment of Select Committee
The Speaker announced the appointment of a Select Com-
mittee to adjust differences in the Senate and House positions
on implementation of Article V. As the House committee, the
Speaker appointed Representatives D'Alemberte, Santora, John-
son, MacKay, and Fortune.


Engrossing Report

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



Adjournment



Crane Dubbin
Culbreath Earle
Dixon Elmore



Featherstone
Fortune
Gibson



On motion by Mr. Dubbin, the House adjourned at 1:18 p.m.,
sine die.



CERTIFICATE

THIS IS TO CERTIFY that the foregoing pages numbered 1
through 3, inclusive, are and constitute a complete, true and
correct journal and record of the proceedings of the House of
Representatives of the State of Florida at a Special Session of
the Second Legislature under the Constitution as Revised in
1968, held on April 8, 1972.



Clerk



Tallahassee, Florida
April 8, 1972



April 8, 1972







INDEX


to the

Journal of the House of Representatives

Special Session

of the

Second Legislature

[under the Constitution as Revised in 1968]

April 8, 1972





MISCELLANEOUS SUBJECTS

Committee; appointment of joint select on differences in
implementation of Article V 3
Governor; proclamation calling Special Session 1
Legislative History; reaffirmation of HR 5236, 1970 regular session 2
Remarks by Speaker Pettigrew 1-2



HOUSE BILL AND RESOLUTION BY
NUMBER, SUBJECT, INTRODUCER, AND DISPOSITION
HB 1-E County court judges;
number, election, and salary D'Alemberte 2-3 Died in Message

HR 2-E Energy needs of Floridians;
interim study MacKay and Andrews-3 Failed vote for introduction



4