• TABLE OF CONTENTS
HIDE
 Title Page
 Members of the House of Representatives...
 April 1976
 May 1976
 June 1976
 Index














Group Title: Journal of the Florida House of Representatives.
Title: Journal of the House of Representatives of the session of ..
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00027772/00059
 Material Information
Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: v. : ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: Florida. Legislature. House of Representatives.
State Printer
Place of Publication: Tallahassee, Fla
Publication Date: April-June 1976
 Subjects
Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Additional Physical Form: Electronic reproduction of copy from George A. Smathers Libraries, University of Florida also available.
General Note: Title varies slightly.
General Note: Description based on: 1907.
 Record Information
Bibliographic ID: UF00027772
Volume ID: VID00059
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 12895215
alephbibnum - 003417935
oclc - 12901236
lccn - sn 85065608
 Related Items
Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

Table of Contents
    Title Page
        Page i
        Page ii
    Members of the House of Representatives - Regular session, 1976
        Page iii
        Page iv
        Page v
    April 1976
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
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    May 1976
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Full Text




Journal
of the

House of Representatives



SECOND REGULAR SESSION
of the
FOURTH LEGISLATURE



[under the Constitution as Revised in 1968]

APRIL 6, 1976 through JUNE 4, 1976



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

























































































I.
rrr i '
-r







MEMBERS OF THE HOUSE OF REPRESENTATIVES
Regular Session 1976
[Democrats in roman (88); Republicans in italic (82)]



1
2
3



Part of ESCAMBIA
Grover C. Robinson III, Pensacola
R. W. Peaden, Pensacola
Clyde H. Hagler, Pensacola



OKALOOSA, parts of ESCAMBIA,
SANTA ROSA, WALTON
4 Edmond M. Fortune, Pace
5 Jerry G. Melvin, Ft. Walton Beach
6 Jere Tolton, Ft. Walton Beach
HOLMES, parts of JACKSON,
WALTON, WASHINGTON
7 Wayne Mixson, Marianna
Parts of BAY, WALTON, WASHINGTON
8 Earl Hutto, Panama City
CALHOUN, GULF, parts of BAY,
GADSDEN, JACKSON, LIBERTY
9 William J. Rish, Port St. Joe
FRANKLIN, parts of GADSDEN,
JEFFERSON, LIBERTY,
TAYLOR, WAKULLA
10 James Harold Thompson, Quincy
LEON, parts of JEFFERSON,
MADISON, WAKULLA
11 Donald L. Tucker, Tallahassee
12 Herbert F. Morgan, Tallahassee
COLUMBIA, HAMILTON, parts of
MADISON, SUWANNEE
13 Sherrill N. Skinner, Lake City
CITRUS, DIXIE, GILCHRIST,
LAFAYETTE, LEVY, parts of
HERNANDO, MARION, SUWANNEE,
TAYLOR
14 Gene Hodges, Cedar Key
BAKER, NASSAU, parts of DUVAL,
UNION
15 George R. Grosse, Jacksonville
Part of DUVAL
16 Mary L. Singleton, Jacksonville
(Resigned June 9, 1976)
17 John R. Forbes, Jacksonville



District



District
18 John W. Lewis, Jacksonville
19 Eric B. Smith, Jacksonville
20 Carl Ogden, Jacksonville
21 Thomas L. Hazouri, Jacksonville
22 Steve Pajcic, Jacksonville
23 R. Earl Dixon, Jacksonville
24 Ander Crenshaw, Jacksonville
BRADFORD, CLAY, part of ST. JOHNS
25 Frank Williams, Starke
ALACHUA, parts of MARION,
PUTNAM, UNION
26 Sidney Martin, Hawthorne
27 William C. Andrews, Gainesville
Parts of FLAGLER, PUTNAM, ST. JOHNS
28 A. H. Craig, St. Augustine
VOLUSIA, part of FLAGLER
29 William R. Conway, Ormond Beach
30 Samuel P. Bell III, Ormond Beach
31 J. Hyatt Brown, Ormond Beach
Parts of LAKE, MARION
32 Wayne C. McCall, Ocala
Parts of ORANGE, SEMINOLE
33 Bob Hattaway, Altamonte Springs

Parts of LAKE, MARION, SEMINOLE
34 Vince Fechtel, Jr., Leesburg
Parts of LAKE, MARION, SUMTER
35 Richard H. Langley, Clermont
Parts of HERNANDO, PASCO, POLK,
SUMTER
36 John R. Culbreath, Brooksville
Parts of PASCO, PINELLAS
37 Ronald R. Richmond, New Port Richey
Part of ORANGE
38 William L. Gibson, Orlando
39 Harvey W. Matthews, Orlando
(Mr. Matthews changed party affiliation from
Republican to Democratic on November 19,
1975.)








District
40 W. E. Fulford, Orlando
41 Fred B. Hagan, Orlando
42 William D. Gorman, Tangerine
43 Dick J. Batchelor, Orlando
Parts of BREVARD, ORANGE, SEMINOLE
44 David L. Barrett, Indialantic
45 Clark Maxwell, Jr., Melbourne
46 Jane W. Robinson, Merritt Island
(Resigned August 6, 1976)
47 C. William Nelson, Melbourne
INDIAN RIVER, parts of BREVARD,
OKEECHOBEE, OSCEOLA, ST. LUCIE
48 Chester Clem, Vero Beach
Parts of HIGHLANDS, OSCEOLA, POLK
49 Ray Mattox, Winter Haven
50 John R. Clark, Lakeland
51 Wendell H. Watson, Lakeland
52 C. Fred Jones, Auburndale
Part of PINELLAS
53 Mary R. Grizzle, Clearwater
54 S. Curtis Kiser, Palm Harbor
55 Tom R. Moore, Clearwater
56 Betty Easley, Clearwater
57 Dennis McDonald, St. Petersburg
58 George F. Hieber II, St. Petersburg
59 Richard A. Price, St. Petersburg
60 Roger H. Wilson, Seminole
61 Laurent W. Belanger, St. Petersburg



62
63
64
65


66
67
68
69
70


71
72



District



73
74



Parts of CHARLOTTE, MANATEE,
SARASOTA
Granville H. Crabtree, Jr., Sarasota
Robert M. Johnson, Sarasota



DESOTO, parts of CHARLOTTE,
HIGHLANDS, SARASOTA
75 Fred Burrall, Port Charlotte

Parts of MARTIN, ST. LUCIE
76 Charles L. Nergard, Port St. Lucie

Parts of MARTIN, OKEECHOBEE,
PALM BEACH
77 Jack M. Poorbaugh, Jupiter

Parts of BROWARD, PALM BEACH
78 Donald F. Hazelton, West Palm Beach
(Mr. Hazelton changed party affiliation from
Republican to Democratic on June 27, 1975.)
79 Gene Campbell, West Palm Beach
80 William G. James, Delray Beach
81 Edward J. Healey, West Palm Beach
82 John J. Considine, Mangonia Park
83 Thomas F. Lewis, North Palm Beach



84
85
86
87
88



Parts of HILLSBOROUGH, POLK
James L. Redman, Plant City
John L. Ryals, Brandon
R. Ed Blackburn, Jr., Temple Terrace
Jim Foster, Tampa



Part of HILLSBOROUGH
H. Lee Moffitt, Tampa
Ray C. Knopke, Tampa
Richard S. Hodes, Tampa
George H. Sheldon, Tampa
Helen Gordon Davis, Tampa



HARDEE, parts of MANATEE, SARASOTA
Ralph H. Haben, Jr., Palmetto
Patrick K. Neal, Holmes Beach



Part of BROWARD
Van B. Poole, Ft. Lauderdale
Arthur H. Rude, Ft. Lauderdale
Karen B. Coolman, Ft. Lauderdale
George Williamson, Ft. Lauderdale
Randy Avon, Ft. Lauderdale



COLLIER, GLADES, parts of
HENDRY, HIGHLANDS, LEE
89 Mary Ellen Hawkins, Naples



90
91


92
93
94
95
96
97



Parts of CHARLOTTE, HENDRY, LEE
Franklin B. Mann, Ft. Myers
H. Paul Nuckolls, Ft. Myers

Parts of BROWARD, DADE
Tom McPherson, Ft. Lauderdale
Harold J. Dyer, Hollywood
John Adams, Hollywood
Walter C. Young, Pembroke Pines
Charles W. Boyd, Hollywood
David J. Lehman, Hollywood










98
99
100
101
102
103
104
105
106
107
108
109



District



OFFICERS OF THE HOUSE OF REPRESENTATIVES

Regular Session 1976



Speaker-Donald L. Tucker
Speaker pro tempore-John L. Ryals



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



Part of DADE
Elaine Gordon, Miami Beach
Barry Kutun, Miami Beach
Elaine Bloom, North Miami Beach
Paul B. Steinberg, Miami Beach
Gwen Margolis, North Miami
Alan S. Becker, North Miami
William H. Lockward, Miami Lakes
Joe Lang Kershaw, Miami
Gwendolyn S. Cherry, Miami
A. M. Fontana, Miami Lakes
John A. Hill, Miami Lakes
Joseph M. Gersten, Miami



District
110 Walter W. Sackett, Jr., Miami
111 Tom Gallagher, Coconut Grove
112 Barry Richard, Miami
113 Nancy 0. Harrington, Coral Gables
114 Robert C. Hector, Miami
115 James F. Eckhart, Miami
116 Robert W. McKnight, Miami
117 Charles C. Papy, Jr., Coral Gables
118 Dick Clark, Miami
119 Bill Flynn, Miami

MONROE, part of DADE
120 William A. Freeman, Jr., Key West















i e Jourial OF THE


Ioouse of I epreseittatives



Tuesday, April 6, 1976



Journal of the House of Representatives for the Second Regular Session of the Fourth Legislature convened
under the Constitution as Revised in 1968, begun and held at the Capitol in the City of Tallahassee in the State
of Florida, on Tuesday, April 6, 1976, being the day fixed by the Constitution for the purpose.



Present were the following officers chosen at the Organiza-
tion Session of November 19, 1974: Donald L. Tucker, Speaker;
John L. Ryals, Speaker pro tempore; Allen Morris, Clerk, and
Philip W. LaBarge, Sergeant at Arms.

The House was called to order by the Speaker at 10:15 a.m.

The'following Members were recorded present:



Eckhart
Fechtel
Flynn
Fontana
Forbes
Fortune
Foster
Freeman
Fulford
Gallagher
Gersten
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Hagler
Harrington
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodes
Hodges
Hutto



James
Johnson
Jones
Kershaw
Kiser
Knopke
Kutun
Lehman
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin
Matthews
Mattox
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mixson
Moffitt
Moore
Morgan
Neal
Nelson
Nergard
Nuckolls



Ogden
Pajcic
Peaden
Poole
Poorbaugh
Price
Redman
Richard
Richmond
Rish
Robinson, G. C.
Robinson, J.W.
Rude
Ryals
Sackett
Sheldon
Singleton
Skinner
Smith
Steinberg
Thompson
Tolton
Watson
Williams
Williamson
Wilson
Young



Excused: Representatives Gibson, Langley, and Papy

A quorum was present.


Prayer

Prayer by Bishop Steven Campora, Tallahassee Second Ward,
Church of Latter Day Saints:
Our Father in Heaven, we are grateful for this oppor-
tunity that brings us together at the opening of this ses-
sion of the Florida House of Representatives. We are
thankful for the process of freedom that permits these
elected representatives to represent the people of Florida,
to make decisions that will affect the people. Father, we
ask that the Members of the House might be blessed
throughout this day and throughout the entire session;
that they might be blessed with health and strength to



meet the rigors of a busy schedule that is required of
them; that their families might be blessed in their absence
from their homes; that they might dwell in safety. We pray
that the Members might be blessed with the power of dis-
cernment; that they might be able to discern right from
wrong on the various issues that will confront them; that
they might at all times have uppermost in their minds
the concern and well being of the citizens of this, the
State of Florida. We are grateful for this opportunity now
and we offer this prayer in the name of our Lord and
Savior, Jesus Christ. Amen.


Pledge

The Members pledged allegiance to the Flag.


Journal

The Journal of June 5, 1975 was approved.

Introduction of House Physicians
The Speaker introduced Dr. George E. Palmer, Executive
Director, Florida Board of Medical Examiners of Tallahassee
and Dr. Ed Haskell, Jr., Associate Professor of Family Prac-
tice Medicine, Unversity of South Carolina, Charleston, South
Carolina, who are serving in the Clinic today.

Report on Representative Gibson
The Speaker reported a slight improvement in the condition
of Representative William L. Gibson, who suffered a stroke
while in Tallahassee attending committee meetings on Feb-
ruary 12. The Speaker said today marked the first time Repre-
sentative Gibson had missed a roll call since being elected to
the House in 1967. The House observed a moment of silent
prayer for Representative Gibson.

Bicentennial Observance
Representative Eckhart, in costume of the Colonial era, spoke
briefly regarding the nation's bicentennial observance. He shared
with the members quotations from early leaders of our country.

Committee to the Senate
On motion by Mrs. Bloom, the Speaker appointed Represen-
tatives James, Peaden, and Becker as a committee to notify
the Senate that the House was convened and ready to trans-
act business. The committee was excused to perform its as-
signment.

Communications
The Secretary of State notified the Clerk that John Adams
had been elected on March 9, 1976 as Member of the House
of Representatives from the 94th District, to succeed Mr. John
1



The Chair
Adams
Andrews
Avon
Barrett
Batchelor
Becker
Belanger
Bell
Blackburn
Bloom
Boyd
Brown
Burrall
Campbell
Cherry
Clark, Dick
Clark, J. R.
Clem
Considine
Conway
Coolman
Crabtree
Craig
Crenshaw
Culbreath
Davis
Dixon
Dyer
Easley








2 JOURNAL OF THE HOUSE

Miller who resigned effective November 30, 1975. Mr. Adams
was administered the Oath of Office by the Clerk on March
22, 1976.
Governor Reubin O'D. Askew advised that he desired to
address the Legislature in Joint Session at 11:00 a.m. today.

IN THE SUPREME COURT OF FLORIDA
JANUARY TERM, A. D. 1976



IN RE: CERTIFICATE OF
JUDICIAL
MANPOWER AS REQUIRED
BY SECTION 9,
ARTICLE V, CONSTITUTION OF
FLORIDA,
AS REVISED MARCH 14, 1972.
Opinion filed March 4, 1976



:CASE NO. 48,987



PER CURIAM
The courts and our system of justice must be fully open and
readily available for the administration of justice. Courts can-
not restrict the number of cases they hear, or deny an indi-
vidual his day in court. Congestion and delay, however, create
that effect. When Article V was adopted in March of 1972,
we certified the necessary judicial manpower on the basis
of July, 1971 population figures. The population increase from
July 1, 1971 to July 1, 1975 was estimated at 1.4 million. The
additional judicial manpower created to take care of that popu-
lation growth has only been twelve circuit judges and thirteen
county judges.
The future provides no respite for our growth problems.
Some courts of this state have developed congestion and back-
logs in their court calendars. In addition, some legislative
acts have caused increased work loads for certain courts. Two
examples are the Administrative Procedure Act and its re-
sulting increase in appellate review matters in the District
Courts of Appeal, and Medical Mediation Panels which require
additional proceedings in medical malpractice actions in the
circuit courts.
We bring to your attention that in 1975 we certified 23
judicial positions which the Legislature, because of the severe
economic situation, failed to approve. These positions are with
one exception recertified today.
We further direct your attention to the fact that as of Jan-
uary 1, 1977, all remaining municipal courts must be abolished.
Presently 70% of the population of this State is served ex-
clusively by the state court system, while 30% is served by
both the state court system and municipal courts. A substantial
number of the municipal courts that must be abolished are in
five counties of this state, specifically Broward, Orange, Palm
Beach, Pinellas, and Volusia. A number of municipal courts for
large population cities will be abolished in Dade County. These
Dade County municipal courts do not presently have jurisdic-
tion of traffic offenses. We note that our certification for
county judges is substantially less than the 62 recommended
by the Select House Committee for Municipal Courts.
We therefore, in accordance with Section 9, Article V, Con-
stitution of Florida, as revised March 14, 1972, hereby certify
the need for additional District, Circuit, and County Judges in
accordance with the following schedule. For information pur-
poses, we note in a separate column the judge positions certi-
fied but not approved by the Legislature in 1975 and in a sepa-
rate column the 1976 request by each Circuit Chief Judge:



District Courts
of Appeal:
First
,Second
Third
Fourth
TOTAL
Circuit Courts:
Circuit
Third
Fourth



Judges Certified Judges
in 1975 and Requested Certified
Not Approved in 1976 Positions
2
2
0
2
6



1
2



Judicial
for 1976



E OF REPRESENTATIVES



Fifth
Sixth
Seventh
Eighth
Ninth
Tenth
Eleventh
Thirteenth
Fifteenth
Seventeenth
Nineteenth
Twentieth
TOTAL
County Courts:
County
Santa Rosa
Duval
Pinellas
Putnam
Volusia
Alachua
Orange
Osceola
Polk
Dade
Sarasota
Bay
Palm Beach
Monroe
Broward
Brevard
Seminole
Lee
Hillsborough
TOTAL



2

1
1
1
1
1
1
8



1
2


2



3

1

9



April 6, 1976



1
2
2
1
4
1
4* (Modified)
3
3
4
1
1
30



1
1
3
0
2
2
4
1
2
3*(Modified)
1
1
4
1
8
1
1
1
2
39



"**Originally requested one but modified it
judge was provided in Volusia.
This Court certifies the aforementioned
as necessary and recommends that they be
by law and funded by this State.



1
2
1
0
1
1
2
1
2
3
1
1
18



0
1
2
0**
2
1
2
0
2
2
1
1
2
1
6
1
1
1
0
26



if an additional

judicial officers
made permanent



OVERTON, C. J., ROBERTS, ADKINS, BOYD, ENGLAND,
SUNDBERG and HATCHETT, J. J., concur

Introduction of House Concurrent Resolution

On motion by Mr. Craig, the rules were waived for the
introduction and consideration of a concurrent resolution.

By Representative Craig-
HCR 1-Org.-A concurrent resolution providing that the House
of Representatives and Senate convene in joint session for the
purpose of receiving a message from the Governor.
-was read the first time by title. On motions by Mr. Craig,
the rules were waived and the concurrent resolution was read
the second time in full, adopted and immediately certified to
the Senate.

Remarks by Speaker Tucker

The Speaker addressed the House with these extemporaneous
remarks:



Ladies and Gentlemen, we meet so often that this is not
2
2 such a momentous occasion as it would be if we met every
2 two years as we used to do prior to the adoption of the
2 Constitution in 1968. So there's nothing that's really all that
8 new that I can present to you. But I do have a few remarks
that I would like to share with you.

For my part, I can tell you that you're going to have the
1 same kind of presiding authority, the same kind of administra-
1 tion of the House that you seemed to approve of in 1975. I








JOURNAL OF THE HOUSE OF REPRESENTATIVES



am going to continue a personal goal of making this House
a more deliberative body, more cautious of what legislation it
passes, and more ready to devote its time and energy to
clean, error free legislation that will be understood by each
Member who has to vote on its passage.
We're going to continue the practice of reading bills on three
separate days. We're going to continue to rely on the Bill
Drafting Service to assist in the construction of a technically
perfect product, and we're going to continually strive for the
will of the majority to prevail in this House.
With that in mind, I want you to know the Speaker isn't
going to present you with a program. I didn't present you with
a program last year, and I don't think it's the prerogative of
the Speaker of the House of Representatives who is elected by
you as your presiding authority to present a legislative pro-
gram to you. I filed some legislation but that's merely my sug-
gestions, deserving of the same consideration as any bill filed by
any other Member. From time to time, however, I will bring to
your attention and continue my efforts to try to encourage the
committees to pass out those bills that are of statewide interest
that should be addressed by the entire body. Once a bill has
reached the floor, it'll be our responsibility to see that it's sub-
ject to the mind of the majority and not the will of a few
individuals. I'm going to remind you again, I'm going to
remain conscious of the fact once we pass the appropriations
bill that from that point on there is nothing that's absolutely
necessary for us to do, and we're going to pass the appropria-
tions bill out early in the session, and we're going at that time
to have a chance to deliberate on whether or not we will need
additional funds to satisfy the requirements of that appropria-
tions bill.

We have no real urgency to solve the state's problems in
the first few days. We have sixty days under the Constitu-
tion in which to meet, so I want us to be very careful with
what we do and very deliberative.

It's our collective responsibility under the Constitution, as I
see the separation of powers, to establish the philosophy that's
going to govern the people of this state. That's not the re-
sponsibility of the judiciary, and it's not the responsibility of
the executive; it's our responsibility. That was what the found-
ing fathers had in mind when they established a system where
one house of the Legislature would be subject to the will of
the people every two years, so that if the philosophy of the
people changed, at least one house in the legislative halls
would reflect the popular will of the people, and that's what
this house is supposed to do. It's our responsibility and ours
alone, along with the Senate, to establish the philosophy of
government that our people will be subjected to in this state
of ours.

It's the responsibility of the executive branch of gov-
ernment to do exactly as the name implies, to execute that
governmental philosophy. With that in mind, I'd like to remind
you that our title, each of our titles, is State Representative.
Therefore our concern should extend beyond our own parochial
interest, and what should be of interest in south Florida should
also be of interest to people in north Florida and west Florida
and east Florida; we should be mutually concerned and mutually
responsible for the problems of the entire state. Now we've had
excellent cooperation in the last year in this House. I think
we've had the best feeling among the Members since I've been
in the Legislature in the last year and a half, and I hope
we'll continue that, and we'll not allow any division to come
about because of the selfish interest of a few or because of



the sectional interest of a few. I hope that we'll end up being
an all Florida Legislature.
Now the media has a good time in some of the things that
they write, and they speculate a lot and they write a lot of
things. They speculated about my running for Governor and
using the office of the Speaker as a springboard to the
Governorship. I want to address myself to that just briefly.
Being an immodest person, I've never hesitated to make my
ambitions known, but I ran for Speaker of the House for a
second term because I have some goals, personal goals for
me, as far as improving the performance of this legislative
body. I may not be alive two years from now or three years
from now, and I want to give my personal pledge to you as
Members of this House that my behavior will not be modified
in any way because of any political ambitions that I have.
I want to be the best Speaker of the House that I can be,
and if that kills me politically from now on out, then so be it,
but I'm going to be the Speaker of this House and we're going
to have a very firm, sincere administration, and we're going to
do what's good for the people in Florida as we see it, and I
don't care what the media thinks or what they say or what
they speculate upon. We're going to run this House in a
proper way, and if they don't like it, that's their problem. I
don't need to be the Governor of the State to satisfy my ego.
Well, you've just chosen me for a second term as Speaker
and my goal, my immediate goal, is to make you proud of
that, and so you can be assured that during this session and the
two sessions to follow that my personal goal will be to make
you the kind of Speaker that you want and that you deserve,
and it's a real honor for me to be here to serve you as your
Speaker. I don't consider myself to be the policy maker of this
House. I consider myself to be the presiding officer in this
House, and the collective policy of this House will rule the
state of Florida. Now, in a very short time, you're going to be
hearing the legislative recommendation of Governor Reubin
Askew. Now a lot has been written in the papers this last week
about his withdrawal from the Legislature and the supposed
absence of concrete recommendations from him. Now, whether
you agree or disagree with this appraisal, you have to remember
that we're about to hear the Chief Executive of this state. He's
been twice elected by the people to be their Governor and we
have a Constitutional obligation to give to each of his recom-
mendations careful consideration and we're going to do that,
and whatever his recommendations may be they're entitled to
the consideration of this body and the Senate as required by
the Constitution of Florida. And only after we give them due
consideration should we accept them or turn them down accord-
ing to our desires as a body or modify them according to our
desires.
Last year the Governor exercised his Constitutional au-
thority to veto 34 pieces of legislation. Soon we will have the
authority to exercise our Constitutional prerogative to either
accept a veto or override it. It's my intention that each of his
vetoes be given before the House and that you have the oppor-
tunity to do as you wish according to those vetoes, and you
will have that opportunity. Once again, let me say to all of
you as Members of the House, and let this invitation extend
to all those who work with the House, that my office is always
open to you, that the office of the Chairman of House Ad-
ministration, our Speaker pro tempore, Representative John
Ryals, is always open to you also. I want to say how much I
appreciate the support I've received from him, how we ran
together as Speaker and Speaker pro tempore and what a
source of strength it is to me to have him beside me on the
rostrum today. Thank you and God bless you.



3



April 6, 1976








JOURNAL OF THE HOUSE



Presentation of Guests
The Speaker acknowledged the presence of Mrs. Donna Lou
Askew, wife of the Governor and Mrs. Grace Tucker, the
Speaker's mother, who were seated in the gallery.

Presentation of Florida Times-Union Awards
On motion by Mr. Forbes, the rules were waived and the
Chair appointed Representatives Pajcic, Singleton, and Hazouri
as a committee to escort Mr. Robert R. Feagin, President of the
Florida Publishing Company, publisher of the Florida Times-
Union, Jacksonville Journal, St. Augustine Record, and other
newspapers, and Mr. John S. Walters, Executive Editor of the
Florida Times-Union and Journal, into the Chamber and to the
rostrum. for the purpose of presenting awards to Members
honored by their colleagues for outstanding public service
during the 1975 Regular Session.
The Chair introduced Mr. Feagin, who stated this presentation
marked the thirty-first anniversary of the initiation of these
awards. Members of the House joined in standing tribute to the
originator of the awards, Dr. Allen Morris, a governmental
columnist in whose name the awards were carried forward by
the Florida Times-Union and Journal after Dr. Morris became
Clerk of the House in 1966. The following Members then were
presented plaques symbolizing the honors voted them in secret
balloting by their, colleagues:
Most Effective Member-Edmond M. Fortune
Second Most Effective-John L. Ryals
Most Effective in Committee-A. H. Craig
Most Effective in Debate-William G. James
The committee then escorted Messrs. Feagin and Walters
from the Chamber.

Presentation of Guests
The Speaker acknowledged the presence of Mrs. Williams,
wife of the Lieutenant Governor, who was seated in the gallery.
Mr. Craig gave recognition to members of the Philippine
Exchange Team, sponsored by the Rotary International who
were also seated in the gallery.

Committee from the Senate
A committee from the Senate, consisting of Senators Hollo-
way, J. Thomas, and Tobiassen, was received and announced
that the Senate was'convened and ready to transact business.



Message from the Senate

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has adopted HCR 1-Org.
Joe Brown, Secretary
The concurrent resolution was ordered enrolled.

JOINT SESSION

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

Arrival of Lieutenant Governor and Cabinet
The Honorable James H. Williams, Lieutenant Governor;
The Honorable Bruce A. Smathers, Secretary of State; The
Honorable Robert L. Shevin, Attorney General; The Honorable
Gerald A Lewis, Comptroller; The Honorable Philip F. Ashler,
Treasurer; The Honorable Doyle E. Conner, Commissioner of
Agriculture; and The Honorable Ralph D. Turlington, Com-
missioner of Education, constituting the Cabinet of the State
of Florida, were escorted into the Chamber by the Sergeant
at Arms of the House and seated.



4



The Joint Session pledged allegiance to the Flag led by Mr.
John Busby of the American Legion, Mr. Charles Tillman of
the Disabled American Veterans, and Mr. R. A. Bob Hallen-
beck of the Veterans of Foreign Wars.

Committee to the Governor

On motion by Mr. Craig, the President appointed Senators
Brantley, Gordon, and Ware, and, on behalf of the Speaker,
appointed Representatives Dick Clark, Rish, and Singleton as
a joint committee to notify the Governor that the Legislature
had assembled to receive his message.
The committee retired to execute its responsibility and re-
turned escorting His Excellency, Governor Reubin O'D. Askew.

Governor's Address
The President presented Governor Askew, who after greeting
the Supreme Court, the Cabinet, Members of the Legislature,
families and guests, addressed the Joint Session as follows:
Today is a special day in a special year. It is traditional on
this day for the Governor of Florida to inform the Legislature
of his concerns for our State. It is appropriate in this year for
those concerns to assume an added importance as we seek to
rededicate ourselves and reawaken our land to the ambitions
of democracy.



E OF REPRESENTATIVES April 6, 1976

Arrival of Supreme Court
Chief Justice Ben F. Overton, Mr. Justice B. K. Roberts, Mr.
Justice James C. Adkins, Jr., Mr. Justice Joseph A. Boyd, Mr.
Justice Arthur J. England, Jr., Mr. Justice Alan C. Sundberg,
and Mr. Justice Joseph W. Hatchett, constituting the Supreme
Court of Florida, were escorted into the Chamber by the Ser-
geant at Arms of the Senate and seated.

The Joint Session was called to order by the Speaker at 11:00
a.m.

The Speaker presented the gavel to the President of the
Senate, asking him to preside over the Joint Session.

THE PRESIDENT OF THE SENATE PRESIDING

A quorum of the Joint Session was declared present.


Prayer

Prayer by Dr. Robert M. McMillan, Pastor of the First Bap-
tist Church, Tallahassee, and Chaplain of the Senate:
Our Father, we bring before Your presence these who
govern our beloved State of Florida. We, the represented,
raise our prayers for these we have elected to adminis-
trative, judiciary and legislative positions. May these,
Thy servants, who govern never forget they do so by the
will of the people and for the good of the people so that
such awareness may preserve them from unwarranted
presumptions in the exercise of their powers. May they
never confuse the dignity of the office bestowed upon
them with personal arrogance lest they alienate those
they represent and embarrass the meaning of democracy.
You have taught us, our God, to "render to Caesar the
things that are Caesar's and to God the things that are
God's." May we know from these words that You neither
intended to leave Caesar without a God nor God without
a Caesar but that in a mutuality of human and divine rela-
tionships we may govern best and promote the well-being
of the people. So do we now, our God, in your presence
accept the priorities of faith while we undertake the dia-
logue of reason. Amen

Pledge








JOURNAL OF THE HOUSE OF REPRESENTATIVES



This is the eleventh time I have addressed the Legislature as
Governor. Always before, I have offered specific proposals for
fulfilling some of the needs of our State. Always before, I have
spoken at this time about those needs, and about the responsi-
bilities we share to the people we were elected to serve.
I will not make specific recommendations now. The proposals
I have for your consideration will be distributed to you follow-
ing this Joint Session. I have something else I want to say at
this time . something I believe should be said.
The distinguished American psychologist and philosopher,
Abraham Maslow, may have expressed what I feel best when he
said that "If you demand a perfect leader or a perfect society,
you thereby give up choosing between better and worse. If the
imperfect is defined as evil, then everything becomes evil, since
everything is imperfect."
We all recognize that we do not have perfect leaders. We do
not have a perfect government or a perfect society . here or
anywhere. We never have. We never will. And those who be-
lieve we can achieve perfection, in this state or in this life,
would do well to take another look at human nature.
This is not to say that we should not strive . endlessly and
relentlessly . for a society much closer to perfection. The
measure of a democracy is not its ability to achieve perfection,
but its ability to reduce the realm of imperfection. And the
measure of the government of a democracy is not its ability
to alter human nature, but its ability to respond to human needs.
Our forefathers recognized this in the preamble to our nation's
constitution when they joined together "in order to form a more
perfect union." I would submit that . together . we have
reduced the imperfections of Florida in recent years. I would
contend that we have responded . as never before .. to
human needs.
And, if imperfections linger, if needs remain unfulfilled, this
should not be seen as evidence that we have failed. This should
not blind us to the fact that . for millions of people . .
we have made Florida a better place in which to live.
Our achievements and our accomplishments in Florida should
be seen as evidence that we can do more . much more. Our
imperfections and our unmet needs should remind us that there
is still work to be done . .not with the promise that we will
create the perfect state or become the perfect people, but with
the realization that, as a state and as a people, we are still far,
far less than what we can be.
And ... as always .. I stand before you today prepared to
do that work . willing to work with you and with the
people . and anxious to help fashion a future for Florida
of which we can all be proud and in which we can all find
principle and purpose.
We will determine . in this legislative session, in these
next sixty days . whether we continue to reduce the realm
of imperfection in Florida. We will decide whether we continue
to respond to human needs. We will decide whether we prove
worthy of this historical year.
Article IV, Section 1, Paragraph (e) of our Florida Con-
stitution provides that "The governor shall by message at least
once in each Regular Session inform the Legislature concerning
the condition of the state." And I want to be very candid in
saying to you today that the condition of Florida . and
the immediate fate of the people of Florida will . to a
great extent ... be decided by what we do in the coming weeks.
As Governor, I am persuaded that this is a time for
restraint. We must be careful. We must not risk our prospects



for recovery. But restraint need not mean retrenchment where
the most pressing needs of the people are concerned. And
restraint can be accompanied by reform . where reform
is desirable and where reform is possible in the context of
the times.
The people are only now beginning to receive the benefits
of the federal tax cut. Our revenue picture in Florida is just
now starting to improve. The real per capital income of the
people of Florida is expected to increase by 1.4 percent in
1976 . the first such increase since 1973.
These are only modest gains. But they are a sign that the
condition of the state is improving. And we can expect these
envisioned gains to have a positive effect on consumption by
Floridians and combine with increased tourist expenditures and
what should be a new emphasis on economic development to
help achieve a sustained recovery.
Florida must accept its responsibility to act responsibly
in these precarious times. If every state . at this time .. .
increased taxes, we would erase these gains.
We would defeat the purpose of the federal tax cut and
jeopardize our anticipated recovery . except where such
tax increases served to stimulate and not stifle the economy.
And we could inflame again the cycle of inflation which robs
our people of much of the value of their precious dollars and
which, in effect, represents the worst form of indirect taxation.

But how well we face this challenge will depend on how
we perceive our responsibilities. It will depend on how we
view our respective roles as the chosen representatives of the
people.. and on how we demonstrate our concern that their
needs are met. And it will depend as well on how we view
the role of government in Florida . and on whether we
believe in the potential of government in a democracy.

There is an undeniable hostility -against government today
. .a saddening hostility that is alien to our tradition of con-
fidence as a people and harmful to us at a time when we are
badly in need of confidence. Many people not only do not be-
lieve in government. They dislike it. They distrust it. And that
is not the tradition we should be celebrating in this state this
year.

I am firmly convinced that the people of Florida want to
believe in government. They want to believe in their leaders.
They want to believe, once again, in themselves, and in the
future of this state we all love.

I truly believe that . together ... you and I can help make
Florida more of what we all know Florida can be. We can help
feed the hungry. We can help care for the aged and the sick.
We can help shelter the homeless. We can help make our
people more secure in their homes and in their communities.
We can help preserve our priceless environment. We can help
teach those who want to learn. We can help find jobs for
those who want to work. And we can help make better op-
portunities available for all our people . of whatever age,
race, handicap, sex, or circumstance.

But, first, we must believe in the necessity for . and in
the positive possibilities of . government. We must believe
that it is possible to use government constructively on behalf
of the people . as their instrument, their agent, their tool for
needed change.

Also, we must believe in the institutions of government.
We share a responsibility for those institutions . and for
the difficult task of making them work. And we must share



5



April 6, 1976








JOURNAL OF THE HOUSE OF REPRESENTATIVES



April 6, 1976



as well a respect for the distinctions among those institutions
S. distinctions that often give different responsibilities to each
of us.
And, finally, we must believe that government belongs to the
people. We must understand that, ideally, the government of
a democracy should serve as the embodiment of the will of the
people.
These should be the guidelines for a greater democracy in
Florida . a democracy much closer to perfection. They are
not new. They should . after two hundred years . be
familiar and acceptable to us all. And it is my belief that we
should remember these guidelines . and employ them . .
in our work in this legislative session. We should make them
the foundation and the framework for all that we do in the
name of the people in this bicentennial year.
Our challenge today is to respond to the compelling need
for better government in this state . to resist the enticing
temptation to denounce government and deride government and
distrust the ability of government simply because it is govern-
ment.
That may be an easy way to get headlines in the newspapers
or a few minutes on the evening news. It may be an easy
and expedient way to attract votes. And I would be among
the first to acknowledge the limitations of government .
and to say that, in Florida, it is something less than what it
ought to be.

But government will not work if we dislike and abuse it.
And our government in Florida will not be what it ought to
be unless we really care whether it is actually serving the
people.
There are many among us who have legitimate concerns
about the size of government, about unwarranted intrusions
of government in our daily lives, and about the sluggishness
that sometimes characterizes what we call the bureaucracy. I
respect those concerns. In some Instances, I share them.
But too often such concerns are manifested in ways that
do not improve government . but injure it. They emerge as
an attitude that might have originated as a hope for better
government . but can only be described as a cynicism about
government. And such an attitude will only add to our imper-
fections.
The fact remains that government must govern . hope-
fully with the encouragement, with the participation and with
the confidence of the people. It is one thing to stress the limita-
tions of government and quite another to repudiate it or
pretend that we can abolish it.
Recently, too much attention and rhetoric has been di-
rected, not at suggesting ways to make our government do
more things right in Florida, but at encouraging the people
of our state to believe we should keep it from doing hardly
anything at all. The people are being told what many of them
want to hear, but not what they need to hear if we are to re-
spond as we should to their needs.
Through the will of the people . we are entrusted with
their government. We must understand that our attitude about
government plays an important role in determining how the
people perceive it . and us. For, if we . as public offi-
cials . needlessly damage the credibility of government, we
are only damaging our own credibility in the eyes of the people.
While we may intend our efforts to be constructive, many
of the people are not always able to discern our intent. And



I believe we should be much more aware in this state of the
tremendous responsibility we have to the people in depicting
their government to them.

Our challenge today is to believe in our institutions of
government in Florida . and to work in a spirit of coopera-
tion and goodwill . as we seek to preserve those institutions
at a time when they are being questioned and confronted as
never before.
There is nothing wrong with questioning the ways of gov-
ernment. Questioning is an inherent part of our process. And
each one of you has every right to expect good answers to your
questions. I would never want to insulate the institutions and
the actions of government from questioning by the elected
representatives of the people . or by the people themselves.
To be helpful, questioning should be constructive, and
scrutiny should be sincere. They should be offered toward a
useful and purposeful end. And some of the criticism we have
heard recently has been useful and justifiable.
Yet much of what we have witnessed in Florida has not
been useful or justifiable . but abusive and irresponsible
criticism which has not served any useful purpose.
There is a separation of powers in Florida ... a separation
of powers established by our Constitution, and Article IV,
Section 1, Paragraph (a) of that Constitution states that "the
supreme executive power" of the government of this state shall
be vested in the governor. Likewise, Chapter 216.023 of the
Florida Statutes requires the Governor to act "as the chief
budget officer of the state."
I would never question the right of the Legislature to exercise
responsibilities reserved for the Legislature by our Constitution.
As someone who served in the Legislature for twelve years, I
know that good government in Florida must rely, in part, on
a proper use of legislative authority. But that authority does
not extend to unwarranted intrusions and unnecessary invasions
into the responsibilities of the executive branch.

Just as you as a legislature must be diligent in defending
the rights of the legislative branch, I must be diligent in de-
fending the rights of the executive branch. And just as each
of you must be ever mindful of the responsibilities of your
offices, I must be mindful of those of the office I am privileged
to hold. That is what the people expect of us.
And I want to say to you as clearly as I can today that I
have every intention of exercising the lawful and constitutional
responsibilities of the Office of Governor . to their fullest
extent . .and on behalf of the people of Florida.
I have a responsibility as Governor to recommend and defend
a budget for our state. Under the Constitution, I have a respon-
sibility to "recommend measures in the public interest." And
I have a responsibility to protect and preserve the independence
and the effectiveness of the executive agencies of our govern-
ment.
If there are ... from time to time . differences among the
various branches of our government, that should not surprise us.
That is democracy. I recognize there will always be differences
of opinion on issues and priorities. But those differences should
be resolved in a greater framework of affirmation and unity.
And, from those differences, we must reach a consensus that
will help the people. Our challenge today is to help in the
making of that consensus . and to prove by our actions in
this legislative session that our government in Florida really
does belong to people.



6









JOURNAL OF THE HOUSE



And part of that consensus must be a mutual recognition of
the need for checks and balances . and of the lasting value of
a separation of powers among all three branches of our state
government.
I respect your rights . as an independent branch . to
fulfill the responsibilities with which the people have entrusted
you.
I ask only for the same respect.
The overriding issues we face in our state are issues of
economics. And, in my legislative proposals, I will be suggest-
ing ways we should confront those economic issues. But . .
as I have often said . the underlying issue . and the
issue that encompasses all others . is that of confidence.
Above all, the people of Florida must have confidence in their
government.
Above all, the people must know that we are their allies,
and not their adversaries. They must know that we are working
for them, and not for ourselves. They must know that we
trust them before they will be willing to trust us. And they must
know that government is an advocate for the people and a
servant of the people in Florida. For that is precisely what
government should be.
One year ago . in this same place . I said my re-
election was a mandate from the people for full financial dis-
closure. More than 230,000 Floridians have given shape and
substance to that mandate since that time.
The people of Florida are telling us we must be accountable
for what we do and what we say in public office. They are tell-
ing us that public office must be viewed as a public trust.
With the help of many members of this legislature, the sun-
shine amendment is now in the hands of the people. And it is
my firm conviction that any additional efforts to improve our
ethics laws in this Session should be made in good faith to
strengthen those laws. The will of the people should be clear
in this regard.
The challenge we share . .together ... in the days ahead is
to seek out . and respond to . the will of the people, to
look to the people for help and for guidance in every decision
we make. We have every reason to be confident in the people.
And we have every reason to be confident in the future of
Florida.
Maslow, the psychologist and philosopher, reminded us of our
imperfections. He reminded us of our limitations. But he also
reminded us of our potential . a potential in which we all
must believe, and of which we all must be mindful in this special
year.
"The demonstration," he wrote, "That wonderful people can
and do exist . even though in very short supply and having
feet of clay .. is enough to give us courage, hope, strength
to fight on, faith in ourselves and in our possibilities for growth."
The people of Florida are a wonderful people. We may have
feet of clay . because we are imperfect, but we have courage.
We have hope. We have faith. And we will fight on.
My best wishes for a good and productive session.


Supplemental Message of the Governor

THE BUDGET AND EDUCATION
One of my principal responsibilities as Governor is that
of recommending to the Legislature what I consider to be



April 6, 1976



OF REPRESENTATIVES 7

a reasonable and realistic budget. In fulfillment of that re-
sponsibility, I am recommending a budget totaling $2.482 billion
in general revenue and federal revenue sharing. The total
spending I am recommending from all funds, including trust
funds, would amount to $5.019 billion.
This is a balanced budget, as our Constitution in this State
rightly requires. I think all will agree that it is a cautious
and prudent budget. It is a budget which reflects a realiza-
tion that economic recovery is a long, difficult, and tenuous task
and one we cannot expect to finish overnight. It is a bud-
get which reflects the hard decisions that are necessary in
these hard times-decisions that must be made if times are
not to become harder still.

Yet Lieutenant Governor Jim Williams and I believe this bud-
get is responsive to the most compelling needs of our people-
needs which, because of hard times, are even more compelling.
I submit to you today that, as the elected servants of the
people, we must respond to those needs in the work of this
legislative session. If we do not, the people will have every
right to ask us why.

The recommendations in my budget envision an increase
in recurring general revenue spending and federal revenue
sharing spending of $164.8 million during the coming fiscal
year over the current fiscal year. Overall, including general
revenue and all other funds, recommended spending would
amount to a $568.4 million increase over current estimated
spending. These appropriations would include increases of
$216.8 million in general revenue for operations and capital
outlay, $130 million for unemployment compensation benefits,
$97 million in additional federal funds for education, $52 million
in mostly federal funds for health and rehabilitative services,
and $41 million in trust funds for the university system.

These recommended increases seem small only in comparison
to the competing and conflicting demands for increased appro-
priations. Most of these demands are understandable when
viewed individually. They represent legitimate desires. But,
as Governor, I do not have the luxury of representing any
single interest among the people, however legitimate it may
be. I must consider-in my actions and in my recommenda-
tions-all the needs of the people and balance those needs
as best I can. A budget must balance the needs of the peo-
ple with their financial ability to meet those needs.

Let me say here-as I have said before-that I firmly be-
lieve this balancing process would be more easily and more
effectively accomplished in the best interests of the people if we
did our budget-making on a biennial basis. I want to commend
Speaker Don Tucker, Senate President Dempsey Barron, Sen-
ator Lew Brantley, Senator Alan Trask and others in the
Legislature for their recognition of this important fact.

The budget increases I propose would not allow us to do all
we might want to do-or all that some of the people might
like for us to do-through State government this year. But
I am firmly convinced that they would enable us to adequately
finance the programs that are most needed for the education,
health, safety, and overall welfare of the people of Florida.

As part of my recommended budget, I am asking for more
than $1.5 billion in general revenue and federal revenue
sharing funds for education, an increase of $61.3 million in
State funding over the current fiscal year. About 60 percent
of the dollars in my general revenue budget would be devoted
to educational needs, which would include salary increases for
faculty, administrators, and professional employees of the Board
of Regents.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



For higher education, my budget also envisions continuing
the policy of the past several years to maintain the same
enrollment for freshmen and sophomores, thus encouraging
high school graduates to attend our community colleges. It
also would provide an open door policy whereby any student
graduating from a community college in Florida would be
entitled to entrance to the upper level in the university sys-
tem. We anticipate a 5 percent increase in junior and senior
undergraduates under this plan, a 2.51 percent increase in
beginning graduates, and a 1.25 percent increase in advanced
graduates. My budget does not anticipate any further enroll-
ment limitation.

Yet these recommended increases have been criticized by
some as insufficient. Some have questioned the commitment
of this Administration to education, and others seem to have
forgotten that the policy of equalization in educational finance
to which this State is committed by law envisions State and
local support for education. Since 1970, it has been the policy
of this State to move toward equal educational opportunities
for all the school children in Florida, wherever they may live
and regardless of the relative wealth of the property tax
base in their respective counties. No state in the Nation which
has a local school system has gone as far to assure equal
educational opportunities for all its school children.

We cannot achieve equal educational opportunities in Florida
unless we are willing to look at the total dollars available
at the State and local levels. The amount of spending per pupil
under our basic education funding program for kindergarten
through 12th grade would be increased, under my budget recom-
mendations, from the present $730 to $775 per year-an increase
of about 6 percent. I would like to remind you that the total
education budget for district school boards this year is more
than $45 million-dollars raised locally above and beyond the
State equalization program-higher than you anticipated in
your appropriations in the last legislative session. In other
words, the district school boards, even after the holdback in
January of $18 million, have $45 million more for spending
than was anticipated when the Legislature adjourned last year.

We should not be deceived by those who say that my budget
recommendations for education would require an increase in
local property taxes. Thirty-six counties are already levying the
maximum of eight mills that is allowed by law and they con-
tain 79 percent of the public school students in Florida. My
budget recommendations are based on an increase in the tax
roll by reassessment and new residential and commercial de-
velopment in the counties. They are not based on any en-
visioned increase in the tax rate on the individual property
taxpayers, except in 15 other counties where taxes will be in-
creased a total of $1.5 million-$1.5 million distributed among
taxpayers of these 15 counties. If those concerned with edu-
cation are sincere about the plight of the property taxpayer,
then their position would be consistent and more persuasive
if their proposed increases in State taxes would be used to
reduce local school taxes and achieve even greater equalization.

'A national commentator recently maintained, "America is in
headlong retreat from its commitment to education." He sug-
gested that this retreat should be the most pertinent issue in
any examination of our national condition in this Bicentennial
year. And he added, "At stake is nothing less than the survival
of American democracy."

I am concerned that this not happen in this Legislature and
in this State. As we focus on pressing social needs, we must
not retreat from quality education. A call for educational
relevance, for educational accountability, and for educational



belt-tightening is not a call to abandon the educational needs
of our children. Rather, it is a challenge to education to do
a better job.
If the Legislature adopts my recommendations for funding
of the K-12 program, State support for K-12 will have in-
creased by 62.5 percent since I assumed office at a time when
there has been a 16 percent increase in enrollment. And, if my
budget recommendations are accepted, State spending on capital
outlay and debt service for the K-12 program since 1970 will
total more than $750 million, more than three quarters of a
billion dollars that will have been made available for building
schools for this State. This is a greater amount than any other
five-year period in the history of Florida. I believe this is ade-
quate evidence of a commitment to education.
The question before us is not whether we will provide
adequate money for education, but whether we will provide
additional money for education by enacting general tax increases.
Or failing that, whether we will provide additional money
for education at the expense of the other needs of this State.
It should be understood, as we debate this issue this year,
that what we are really debating is not whether we want
to provide more money for school children, but whether we want
to provide more money for school salary increases.
It is my own feeling that we should approve pay raises in
this session for the State employees and the employees of
community colleges who were denied any increases in the
current year. School teachers were not denied increases this
year. In fact, the school districts with an 8.5 percent increase
in total dollars available and a 1.9 percent increase in students
gave salary increases this year, while state agencies, univer-
sities, and community colleges were prohibited from so doing.
This is not to say that the school teachers in Florida do
not deserve a pay raise or that the pay increases this year were
necessarily adequate. I am proud of the work that school teach-
ers have done and are doing in this State and of the educa-
tional system of which they are an'essential part. There are
thousands and thousands of Floridians who are not school
teachers and who did not receive pay increases this year, but
who also deserve a pay raise. And there are thousands more
who are not even receiving a pay check, much less expecting
a raise.
We will not be helping those people and, in the long run,
we will not be helping our educational system if we approve
large tax increases this year. Economic recovery in Florida is
just beginning. The people of Florida are only beginning to
receive the benefits of the federal tax cut. The revenue picture
for the State is just starting to improve.
Why should we risk this recovery for the sake of tax in-
crease? Why should we risk negating all the emerging effects
of the federal tax cut? If every state increased taxes, it would
defeat the purpose of the federal tax cut and jeopardize our
anticipated economic recovery, except where such increases
served to stimulate and not stifle the economy. Florida must
act responsibly in these precarious times.
Real per capital income in Florida is expected to increase 1.4
percent during 1976, the first increase for the people of this
State since 1973. This is only a modest gain. But we can ex-
pect it to have a positive effect on consumption by Floridians
when combined with increased tourist .expenditures and what
should be a new emphasis on economic development to help
achieve a sustained recovery.
I do believe, as many of you do, that it is time again for
us to examine carefully our tax structure in Florida. I have



April 6, 1976



8








JOURNAL OF THE HOUSE OF REPRESENTATIVES



always maintained that tax reform must be an unending pro-
cess. With this in mind, I want to urge you to create a com-
mission to make a two-year study of finance, taxes, and gov-
ernmental responsibilities in Florida which could be of bene-
fit in the work of constitutional revision. The focus of this
commission should not be on tax increases, but on tax reform
and on economic development through fair taxing policies. It
should focus as well on what should be the relative responsi-
bilities of each level of government in our State and how such
responsibilities should be fulfilled and financed. But for now-
for this year-for this session- it is my firm recommendation
that you oppose a general tax increase.
If we agree that we do not want increased taxes, the issue
then becomes, how will we spend the money we have? It is
my feeling that this Legislature, in addition to its understand-
ing of the needs of education, should also have a clear under-
standing of its responsibilities in the area of social services.
Who will help the poor if we do not? Who will help many
of the elderly if we do not? Who will help many of the sick
if we do not? And who will address the issues of criminal
justice in Florida, of crime and courts and prisons, if we do
not?
I ask you to consider these questions as you review my
recommended budget.

SALARIES FOR STATE EMPLOYEES
At a time when our State government is being challenged as
never before, we cannot afford to overlook the essential contri-
butions State employees make to the work of our government.
Their contributions are essential. They have every right to ex-
pect fair treatment and fair pay in return for their contribu-
tions.
I am recommending pay raises, merit increases, and benefits
totaling $83.5 million for career service employees, appointed
officials, the faculty, administrative and professional employ-
ees of the Board of Regents and employees under the pay plan
at the State School for the Deaf and the Blind.
This recommendation would assure each career service em-
ployee hired before July 1, 1975, of an annual increase of at
least $500 and would provide additional amounts needed to bring
salaries up to competitive levels, class by class, as well as
money for merit increases.

It would also assure pay raises averaging $1,500 for posi-
tions under the Board of Regents, along with competitive ad-
justments and merit increases for positions at the School for
the Deaf and the Blind. And, in addition, my proposal would-
for the first time-finance 75 percent of the cost of $3,000 of
life and accident insurance for all employees participating
in the State insurance plan.

This recommendation would require $55.2 million from general
revenue and $28.3 million from trust funds in the coming
fiscal year. It would help us make State salaries comparable
to those paid for similar work by private industries, local
governments and other employers with whom the State must
compete for qualified employees.

Based on a thorough pay survey, I have included $63.3 mil-
lion for increases needed to bring classifications in the career
service system up to competitive levels, $9.9 million for merit
increases for career service employees, $847,141 for insurance,
$208,530 for increases for appointed officials, $9.2 million for
increases for positions under the Board of Regents, and
$130,674 for increases for positions at the School for the Deaf
and the Blind.



State, university, and community college employees did not
receive a pay raise this year. Most have not received a raise
in two years. They deserve a raise. The men and women who
work in State government are the most valuable asset of our
government. If we are really serious about wanting our govern-
ment to work as it should, then we will do all we can to help
the people who work for our government.
But let me say this as well-I will vigorously oppose any
attempt to give public employees the right to strike. And I
think those who might consider seeking passage of a constitu-
tional amendment to give them that right should know that
such efforts could well prove to be counter-productive-that
they would make far more difficult the already difficult process
of making collective bargaining work in Florida.
As we seek to protect the public investment in public em-
ployees by assuring adequate salaries, we must also assure the
public that governmental services will not be interrupted. We
should take whatever steps are necessary to clarify and strength-
en our laws, wherever needed, to protect the public against even
the serious consideration of a governmental strike.
At the same time, management at every level of government
in Florida should be made aware that attempts to frustrate
the proper functioning of our collective bargaining law will
only encourage confrontations the people of Florida do not need
and will not tolerate.

ECONOMIC DEVELOPMENT
We have strived for a balance in Florida-a balance between
the need for economic growth and the need for environmental
protection. This has led us to adopt environmental laws which
have become models for the Nation. It must lead us now to
manage growth within the context of those laws and within the
context of our continuing commitment to our environment.
We expect growth in Florida. We need economic improve-
ment. We need the jobs that the right kind of growth can
bring. It must be properly guided, directed, and channeled,
wherever possible, to where it is most needed.
Unemployment in Florida is still substantially above the
national average. We must do all we can now to help the people
of our State find work. And, at the same time, we must do all
we can to strengthen our economy in ways that might help
soften the impact of future recessions.
Tourism, construction, agriculture--these industries have been
the backbone of Florida's economy. We must continue to sup-
port them and strengthen them wherever we can. We need new
and different industries in Florida as well-industries that will
provide a broader base for employment, profits, revenue, and
prosperity.
If we want these industries-if we want economic develop-
ment and diversification-if we want the right kind of growth
for Florida-if we want a lasting prosperity for our State and
our people, we must go into the marketplace.
We must aggressively seek the new industries and the new
investments that we need. We must improve our tax base in
this State so that we can have more revenue for the needs
of the State. We must use the power and the potential of the
State government to make new opportunities for the people.
With all this in mind, I ask you today to accept my recom-
mendation for trade and investment offices for Florida in New
York, Los Angeles, Europe and Asia. I ask you to accept my
recommendation for an expanded international development pro-
gram in Miami to promote trade and tourism with the nations
of Latin America.



April 6, 1976








10



I urge you to approve-in full-the $4.5 million I have
recommended as the budget for the State Division of Economic
Development. This recommendation amounts to a $3.5 million in-
crease, an increase of 345 percent over the general revenues
approved for this important agency last year.
I also urge you to approve-in full-the $4 million I have
recommended as the budget for the State Division of Tourism.
This is a proposed increase of more than $2 million, slightly
more than 100 percent over last year's appropriation. It is
absolutely essential that we give this great industry the at-
tention it deserves and needs for continued health and success.
If we are really sincere about confronting our economic
problems in Florida-if we really want to improve and ex-
pand our economy-if we really want to strengthen our tra-
ditional industries and secure new industry-then we will invest
the necessary revenue and the resources of the State in a
positive and productive program of economic development.
And, if we are really sincere about finding jobs for our
people, we will provide for Florida a job training program to
serve the needs of the people and of the new industries we are
seeking. We need a program that will respond directly and
immediately to the needs of these new industries. I have
recommended the appropriation of $1 million for such a pro-
gram in my budget. This recommendation should be considered
separately and apart from the vocational education program.
It could be a substantial tool in the hands of our industrial
representatives. I urge your approval. What benefit will eco-
nomic development be if we succeed only in bringing more
people to Florida, while the people who are already here re-
main unskilled and unemployed, without hope and without the
happiness that can come from a newfound prosperity? What
benefit will economic development be if it bypasses the people
who elected us and are depending on us to help them through
these troubled times?
The Legislature should also explore the possibilities of de-
veloping free trade zones for foreign trade in Florida, as pro-
posed by Senator George Firestone. This, too, might help us in
our program of economic development by assisting our ports and
increasing the flow of foreign capital through the State.

ENVIRONMENT
As we look for new and better ways to develop and diversify
our economy, we must remember that a lasting prosperity in
Florida can be founded only on a conscientious respect and
regard for our environment. As I have said many times and
in many places, I cannot separate the future of Florida's
economy from the future of Florida's environment. And, in our
work in this legislative session, we must remain mindful of
what we want the future of Florida to be-environmentally as
well as economically.
We accomplished much this past year with the reorganization
of our environmental agencies. We united, for the first time, our
efforts at the State level to improve both the quantity and the
quality of water in our State. We simplified the permitting
process. We passed a local comprehensive planning act and a
new communities act that will help us immeasurably in our
efforts to balance the needs of our economy with the necessities
of our environment.
But much remains undone. As Speaker Tucker and others
have reminded us, we need additional protection for our coastal
and interior wetlands. And we still need to give to the State a
power already exercised by the cities and counties-the power
of eminent domain in the acquisition of parks and recreational
lands. And I believe it is important to maintain a strong State
air quality and noise control program in Florida.



April 6, 1976



Our efforts to develop our economy and increase tourism will
mean little if we do not sustain our commitment to the protec-
tion of our beaches and shores. I urge you to accept my recom-
mendation for about $1.8 million for beach restoration and
erosion control-a recommendation that is of crucial importance
to Jacksonville Beach, to Miami Beach, and to other coastal
cities of our State.
I would like to call attention as well to the 24 new positions
and nearly $360,000 I have recommended for the Department of
Environmental Regulation to help us assure an adequate supply
of clean drinking water for the people of our State. These
new positions are absolutely essential. If we really care about
our environment, if we really care about our economy, then
we will take this necessary step to protect our precious water
supply.
The people told us last month how very concerned they are
about water and water problems in Florida when they passed
the referendum on taxation for water management districts
by more than 100,000 votes. Knowing how the people generally
feel about taxes, I think we should now also have a clear under-
standing of how they feel about water.
I want to assure you today that I will cooperate in every
way I can with Senator Phil Lewis, Senator Guy Spicola, Sen-
ator Bob Graham, Representative Bill Fulford, Representative
Gus Craig and others among you as you work to implement the
water referendum.
As we develop comprehensive water management programs
for Florida, we face very hard decisions regarding priorities
in water usage among residential consumers, agriculture, and
industry. The 1972 Water Resources Act put us in a good posi-
tion to be able to handle these problems.
The availability of pure, clean, fresh water may well become
the most important and most controversial issue in Florida
within the next few years. I submit that we cannot ignore this
issue. And we cannot ignore our responsibility to plan for the
future where the water resources of this State are concerned.
One way we could meet our responsibility on this issue would
be by granting authority to the State by constitutional amend-
ment to sell bonds for establishing water systems similar to
the authority we presently have in pollution control. I urge you
to study the feasibility and necessity for such authority.

SOCIAL SERVICES, FAMILIES, AND FAMILY
ASSISTANCE
It has not been easy for the people of Florida to endure
the hardships of inflation and recession. Many have suffered.
But the poor have suffered more than others. And the children
of impoverished families have suffered most of all.
I am recommending an increase of $11.4 million, including
$4.9 million in general revenue for increased assistance to
poor families in Florida. This would increase the maximum
payment for family assistance in this State from 74 percent
to 80 percent of the established budgetary standard-a rela-
tively small increase, but one of great importance to all those
it would help.
More than 249,000 people are receiving family assistance
money in Florida today. Seventy-four percent of these people
-in excess of 184,000-are fatherless or motherless children.
Since December 1972 our caseload of families with dependent
children has decreased by nearly 90,000 people, an action
which sometimes goes unnoticed and unpublished. Our welfare
and Medicaid payments alone would be approximately $64,-
000,000 more if the caseload had not been reduced. In many
instances, the family assistance we provide is the only means
of support these people have-their only source of money for
food, fuel, clothing, and shelter.



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSE OF REPRESENTATIVES



The increased support I am recommending is not excessive.
It is hardly enough and it will not free these children, or their
families, from the chains of poverty. It will not end their
deprivation, but it will help provide them with the bare essen-
tials of life.
Under this proposal, maximum payments would increase
for a family of four from $170 to $184 each month. I believe
we can afford this small increase. We can afford $14 more per
month for a family of four who must live with the cruel facts
of poverty. We must offer help and hope to those who need
our help.
And we can also address ourselves to strengthening the
family in Florida by your consideration and action on the
recommendation of the Task Force on Marriage and the Family.
The laws of Florida should clearly reflect a commitment to
the preservation of marriage and the family. Senator Bob
Graham, Senator Phil Lewis, Representative Dick Hodes, Rep-
resentative Elaine Bloom, Representative Billy Joe Rish, and
Representative Mary Grizzle were among those involved in
the work of the task force. I share their desire to keep marri-
age and the family a meaningful and an essential part of
the life of this State.
I want to mention as well our efforts in other social services
-efforts I believe should have a high priority in this legisla-
tive session. How can we have a responsive government in
Florida if we are not responsive to social needs? Who will help
those who cannot help themselves if we refuse to help them?
I am recommending an increase of $10.9 million for mental
health services in Florida. This recommendation would enable
us to open the new North Florida Forensic Treatment Center
in Gainesville for 225 patients and the new children's treat-
ment units at the Northeast Florida State Hospital in Mac-
denny and at the Mental Health Institute in Tampa.
I am also requesting an increase of nearly $8.4 million for
retardation programs in Florida. This increase would help us
continue serving the needs of the 4,500 retarded men, women
and children in our State institutions, increase the number
of retarded children we can place in foster and group homes
from 2,590 to 3,340 and expand the number of outpatients
served within our communities from 11,900 to 13,500.
In addition, I am recommending an increase of $4.8 million
for Youth Services programs, primarily to accommodate antici-
pated increases in commitments to residential programs as
well as probation and after-care services.
I am also seeking an additional $1.1 million for administra-
tion of the food stamp program, $1.5 million for expanded child
support programs, $158,000 for day care licensing, and more
than $3.6 million for foster home and emergency shelter care
for homeless and unfortunate children.
Each of these recommendations has been made after long
and careful consideration. They are probably the most we
can afford and certainly they are also the least we can
afford-if we truly believe in the future of this State, and
especially if we want to believe in the future of the thousands
of children who would benefit from your acceptance of these
recommendations. I urge you to accept them.

CRIMINAL JUSTICE
As always, our first responsibility in government is to pro-
tect the people from lawlessness and crime. The people of
Florida must be free of fear. They must know that we are
doing all we can in government to sustain-fairly and justly-
the rule of law in this State.
We all know that crime continues to increase in Florida, as
elsewhere. And the problems of our system of criminal justice



in this State-of our law enforcement agencies, our courts,
our prosecutors, our public defenders, our prisons-must be
seen as one of the most serious issues we face in this legisla-
tive session.
The people will not be consoled by hollow rhetoric. Nor
would they be content with a State in which criminals could
commit crimes and believe they would not have to suffer
imprisonment for crimes that deserve imprisonment because
of a lack of facilities. The people will not be content with
easy answers. They know there are no easy answers. The
people want solutions to our criminal justice problems in
Florida. It is our responsibility-as the elected servants of the
people-to try our best to find those solutions.
The latest crime statistics deserve our attention. According
to a report released by the Department of Criminal Law
Enforcement last week, serious crime in Florida increased eight
percent last year. That increase is far too high. But it is also
far below the 30.5 percent increase recorded in 1974. And
the growth in the crime rate in Florida in 1975 was less than
the national average for the first time in five years.
Violent crime increased 5.1 percent in 1975, compared to an
18.1 percent increase in 1974. Nonviolent crime increased 8.3
percent, compared to a 31.9 percent increase in 1974. The
murder rate, the robbery rate, the car theft rate-all declined.
All this must mean that our efforts to fight crime are find-
ing some success. We have been arresting criminals. We have
been convicting them. And we have been sending them to
prison, often to serve longer sentences.
But these successes remain insufficient. We have no way of
knowing whether the trend will continue. And we have only to
look around us to know that there is a compelling need for an
overall reassessment and reform of our system of criminal
justice.

The problems in our prisons require continued attention and
immediate action. There are now about 16,000 inmates in Flor-
ida's correctional institutions. The Department of Offender
Rehabilitation estimates that by June of this year there will be
18,000 and by June of next year there will be more than
20,000.

The population of our prisons has increased more in the past
18 months than it did in the previous 14 years. And still there
is no end in sight. Still, the population is growing, and our
prisons are becoming more crowded, despite our best efforts.

This situation must not continue. And we should understand
as we begin the work of this session that it will not continue. If
we do not act to solve our problems with crowded prisons in
Florida as we should, then those problems will be solved for
us-perhaps in ways we would not prefer.

I have never believed that simply building more prisons
is the answer for Florida. But I have consistently urged the
expansion of our correctional system where expansion has been
necessary to meet legitimate needs. And I am convinced that
we must build more prisons this year to eliminate crowded
conditions that could prove dangerous as well as inhumane.

Therefore, I am recommending that we spend $65.3 million
to build facilities to house 4,200 inmates, to finance equipment
and buildings for expanding the prison industries work pro-
gram, and to pay for necessary repairs and renovations at
existing institutions throughout the State. To avoid delays we
have sometimes experienced in selecting sites for new institu-
tions, I am recommending that the new facilities be built at
specific locations where State-owned land is already available.



11



April 6, 1976








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Specifically, I am proposing that we build five new 600
inmate prisons-one in Orange County, one in Charlotte County,
one in.Citrus County, and two in Dade County. I am also pro-
posing completion of the 600 inmate prison in Polk County
and expansion of the capacities of prisons in Hillsborough and
Dixie Counties by 300 inmates each.
SAlso, I am asking for an increase of $22.6 million-of 32.1
percent-in the budget of the Department of Offender Rehabili-
tation to provide more manpower and more expertise in dealing
with these problems. That much of an increase will be necessary
just to feed, clothe and care for the several thousands of in-
mates we already have, and the additional inmates we expect
to have before the end of the next fiscal year.
Crowded prisons only breed more crime. And more hardened
criminals. I urge you to help fight crime by taking what I
consider to be the most responsible action we can take at this
time-by accepting my recommendations. And, as you examine
these recommendations, I hope you will examine as well all the
aspects of our correctional system in Florida.
If we are serious about confronting crime, we must also be
serious about confronting the problems within our prisons. And
those problems extend far beyond the issues of crowded con-
ditions. The two problems, crime and corrections, cannot be
separated. Lasting answers to one problem cannot be found
without lasting answers to the other. And this situation is not
unique to Florida. These are problems nationwide, and even in
the federal system.
Already we are investing a wealth of time, talent and money
in our correctional system. And now we are about to invest
more. But, despite all this investment, our efforts at rehabili-
tation of the people we place inside the prisons in Florida have
often failed. And we have found it difficult to succeed in recent
years when most of our efforts have been-of necessity-focused
on the pressing problems of confinement.
Last December, I created a Task Force on Corrections.
Lieutenant Governor Jim Williams acted as chairman of that
task force which, upon my recommendation, examined our
criminal justice system in this State. I asked them to study the
whole concept of corrections in Florida, from arrest to trial
to confinement to parole.
What that task force found should be of interest to us all.
And we should employ their findings in the work of this session.
We should use what they learned in the past few months to
learn more in the next few months-and perhaps begin to find
the answers we need.
The task force-composed of distinguished representatives
of the Legislature, the Judiciary, and various executive agencies
-discovered how diverse our criminal justice system really is
in this State. They found that we have no unified way of under-
standing exactly what is happening in the system-and no
unified approach to the task of assembling and interpreting in-
formation about the system.
The task force examined the effects of having a system that
is composed of several autonomous authorities representing
different branches and levels of government. They saw first-
hand how difficult such a fragmented system is to manage.
And they recommended the creation of a Criminal Justice
Advisory Council to improve the management of the criminal
justice system.
This council would coordinate and review programs within
the system. It would meet regularly and report no less than
annually to the Governor, the Legislature, and the Judiciary.
I ask you today to create such a council-so that we can have
a more unified and a more manageable criminal justice system.



The task force also discovered that the information systems
which are part of our criminal justice system are incompatible.
It is not possible now to trace the progress of any one indi-
vidual through the system since record-keeping practices within
the system differ greatly.
This hinders analysis and greatly reduces our ability to
judge the performance of our criminal justice system. I feel we
should respond to this problem in this session by supporting the
efforts of Senator Ed Dunn and others to fix responsibility, to
set policies and issue regulations for criminal justice informa-
tion systems. This would also improve our management capa-
bilities where crime and corrections are concerned.
The task force also learned that there has been an increasing
use of incarceration in Florida-while there has been a corre-
sponding decrease in our reliance on probation and parole. The
probation rate has dropped by at least ten percent in the past
two years. The parole rate in fiscal year 1974-75 was 13.6 per-
cent less than it was in fiscal year 1973-74. The task force
estimated that the fiscal impact of the decrease in the proba-
tion rate during 1975 alone was more than $60 million for
feeding, housing, and clothing these inmates.
We must reassure the judges in Florida of the importance of
probation. We must reduce the caseload of parole and proba-
tion officers to improve our supervisory practices. We must
reassure the Judiciary, the Parole and Probation Commission,
and the people of the effectiveness of parole and probation as
an alternative to confinement in Florida.
With these facts in mind, I am recommending today that
we increase the budget of the Parole and Probation Commis-
sion by $3.5 million-an increase of 22.7 percent. This would
enable the commission to reduce the caseload from an average
of 84 to an average of 70 for each parole and probation officer
in the State. I am also recommending a lump sum totaling
$810,000 for the commission and the Department of Offender
Rehabilitation to provide for any increase in workload not
anticipated in the regular appropriation.
I believe .these recommendations would help us be more
certain in Florida that those who should be released on proba-
tion and parole are actually released-and that those who should
remain behind bars are kept where they belong.
But we should all realize that simply putting people behind
bars-and leaving them there-will not solve our crime prob-
lem. For some, that is the only answer. It will always be the
only answer. But for others, it only compounds the problem.
Of the nine most populous states in the Nation, Florida-by
far-has the highest rate of incarceration.
We are sending more people to prison. And we are leaving
them there for longer than most other states. But this does not
seem to have solved our crime problem. And it will not solve
it in the future.
It may be that we have approached corrections in the wrong
way-that we have often required some superficial evidence of
rehabilitation as a condition of early release instead of allow-
ing offenders to decide freely for themselves whether they
really want to participate in rehabilitation programs. Genuine
rehabilitation would become more of a reality in Florida if
we did not mandate the illusion of rehabilitation-if, instead,
we simply made decent educational and occupational oppor-
tunities available to offenders and, in addition to work require-
ments, encouraged them to take advantage of those oppor-
tunities.
Our goal in Florida should be useful and regular work for
every inmate in our system, except where inmates must be



April 6, 1976



12








JOURNAL OF THE HOUSE OF REPRESENTATIVES



confined for security, disciplinary, health, or other valid reasons.
Such work is consistent with our goal of rehabilitation. And,
inmates should be required to make a positive contribution to
the maintenance of the system. This would help pay for the
costs of the system and limit the burden on the taxpayers.
As I have said before, I remain unconvinced about the
concept of "flat time" sentences that is now being studied by
the Legislature. It should be studied carefully. And we should
remember that our criminal justice system is only now begin-
ning to adjust to the changes we have mandated in corrections
already in the past two years.
I know that the appeal of "flat time" sentences can be
attributed, at least in part, to an awareness among many
members of the Legislature that there are unfair disparities in
the sentences many offenders must serve. I have long supported
the concept of sentence review to assure fairness. And, once
again this year, I urge you to address that issue.
I also believe that some meaningful discretion in sentencing
must be left to judges. With this in mind, and also to assure
fairness, I believe all new trial judges should attend orientation
and training programs at the State or national level within
one year of assuming judicial office. I urge you to support
the request of Chief Justice Ben Overton for the creation of
sentencing seminars or institutes for all juvenile and criminal
court judges in Florida.
And I believe that we should strengthen our traditional com-
mitment to the concept of parole-rather than abandon it
without really knowing what we are embracing in its place.
This may be done through the use of parole based on per-
formance by an inmate according to mutual agreements made
upon entering the correctional system. This is often called con-
tract parole. Representative Don Hazelton has done outstand-
ing work in this area. I suggest an examination of his and
other proposals for contract parole as a positive step toward
improving corrections in this State.

We also need to act this year to improve our system of
justice as it is administered in our courts. Apart from the
adoption of merit selection and retention for judges, we must
be certain that our courts are funded in a way that will enable
them to administer criminal punishment strictly and swiftly
and fairly.

I am persuaded that there is truth in the belief that deter-
rence is to be found more in the certainty and the immediacy
of punishment than in the duration of punishment. For this
reason, I am recommending that we increase appropriations for
State attorneys, public defenders and courts this year by $8.1
million-an increase of 12.1 percent in State funds. I am also
recommending that you approve the new judges and administra-
tive positions requested by the Chief Justice of the Supreme
Court.

I also agree with the Task Force on Corrections that all State
attorneys' offices should be required to develop written policies
and guidelines on screening, plea bargaining, pre-trial inter-
vention, and other practices. Having such policies and guidelines
available could do much to assure fairness and consistency.

Furthermore, it has long been my belief that we should
hold criminals accountable for their crimes. A criminal act
is an injury of society and, in almost all cases, of another
person. A criminal should repay both society and his victim
for the injury his criminal act has caused. I urge you today
to enact legislation which would allow-and encourage-judges
to require criminals to pay court costs and make restitution to
their victims.



I urge you, again this year, to adopt legislation to pro-
hibit the manufacture, assembly, sale and possession of the
"Saturday Night Specials" that are instruments of death. And
we should enact as well a 72 hour waiting period for the pur-
chase of all handguns.
Also, I am asking you once again to ignore the pleas of
those who prey on the unfortunate and adopt a comprehensive
reform of our bail system in this State as proposed by Senator
George Firestone. Our present system of money bail discrim-
inates against the poor, and it burdens the taxpayers with
the cost of detaining those awaiting trial who need not be in
jail. There is no reason why it should not be changed by this
Legislature.
I also want to urge you-in the strongest possible terms-
to provide the necessary funding for the Florida Department of
Criminal Law Enforcement. If we are really serious about
fighting crime in Florida, if we really believe the State-as
well as local governments-has a role to play in combating
crime, then we will not fail to offer full support to the depart-
ment of State government that is responsible for assisting in
enforcing our criminal laws.
And, finally, I am asking you today to take what I have
come to believe is a necessary step to the solution of our
problems with crime in Florida. I am asking you to place a
constitutional amendment on the ballot in November giving the
people an opportunity to approve the creation of an inde-
pendent office for a Statewide Prosecutor to more efficiently
and effectively prosecute organized crime and official abuses
that are of State concern.
I would recommend that this Statewide Prosecutor be ap-
pointed by the Governor, who is charged by law with the
responsibility of assigning State attorneys outside their circuits.
This appointment should be subject to Senate confirmation.
Pending the outcome of a vote on this constitutional amend-
ment, I recommend the creation of a permanent staff for use by
the statewide grand jury. This staff should be appointed by
and located in the office of the State Attorney for the Second
Judicial Court.
It should not be necessary for me to explain why this State-
wide Prosecutor is necessary. Our present prosecutorial capacity
is not designed to deal with all our varied crime problems. We
must have the resources that only an independent office at
the State level can possess-and with a jurisdiction to match
the problem.
Ask the people in your legislative district. Ask them what
they have seen happening in their communities. Ask them what
they have seen happening in their State. And they will tell you.
They will tell you why we need a Statewide Prosecutor to fight
crime-however and wherever it occurs-in this State.

JUDICIAL REFORM
There is no need for me to explain why additional judicial
reform is needed in Florida. Our courts are the guardians of
our laws. They are the custodians of our respect for a lawful
and just society.
At a time when our institutions of government are being
tried in the court of public confidence, the judges in our courts
must have the confidence of the people. We must act-now to
help remove money and politics from the judicial process.
Last year I recommended adoption of the Missouri Plan for
merit selection and retention of judges in our State, as recom-
mended by the Judicial Council of Florida, The Florida Bar,
the American Bar Association, and the American Judicature So-



April 6, 1976








14 JOURNAL OF THE HOUSE

city. I said then, and I will say now-this plan would not be a
panacea for all our judicial problems. But I am persuaded-
as are many other Floridians-that passage of the Missouri
Plan would help renew the confidence of the people in their
courts.
Our system of choosing judges in Florida is more an illusion
than a reality under the present elected system. Judges in
Florida have rarely been chosen in competitive elections by the
people. Most often, they have been initially appointed and then
reelected without opposition, again and again, for as long as
they wished to remain on the bench.
Only one incumbent Justice of the Florida Supreme Court
has been defeated in the past 50 years. Only one judge on a
District Court of Appeals has been defeated in the past 20
years. Incumbent circuit judges have been unopposed in 85
percent of their reelection campaigns in the past 20 years.
Candidates for judicial office learn how difficult it is to
campaign in a large geographical area, particularly in a
statewide race for the Florida Supreme Court.
It is obvious to all just how awkward, even distasteful, but
yet necessary, it is to raise campaign funds from the lawyers
who will ultimately practice in a court presided over by a
successful judicial candidate who accepted their contributions.
We have taken some positive steps toward judicial reform
in recent years. Partisanship has been removed from judicial
campaigns. The courts have been streamlined and uniform
jurisdiction and administration have been established. In ad-
dition, Article V of the State Constitution provides for judicial
nominating commissions to review all vacancies in judicial of-
fices. All these changes have helped. But they are not nearly
enough.
Last year I suggested that we begin by introducing merit
selection and retention at the appellate level in Florida. Today
I am asking you to apply the Missouri Plan to all the State
judicial offices in Florida, of which there are more than 400.
The introduction of the Missouri Plan would help us improve
the quality of justice. It would provide the broad participation
and perspective we need in our judicial system. If we are really
serious about wanting to respond to the need for an improved
process of judicial selection and a capable court system in this
State, then we will act on this issue now.

TRANSPORTATION
We have long recognized that a well-planned, integrated,
and thoroughly modern transportation system is vital to the
welfare of the people of Florida and to our economy. And,
traditionally, we have been able to provide such a system by
relying on taxes on gasoline and other motor fuels.
But, as we all know, circumstances have changed in recent
years and changed drastically. The experiences of the Arab oil
embargo in 1973 and the ensuing energy crisis have illustrated
only too well the impact shortages of gasoline and other fuels
can have on the transportation programs of this State.
We have realized that we must alter our traditional prac-
tices of energy consumption in Florida. We have realized that
we must diversify our transportation system. And we must
realize that we need an expanded revenue base if we are
to accomplish what the people want and expect us to accomp-
lish in providing the transportation they need.
We need better primary roads in Florida. We need to com-
plete the initial segments of Interstate 95 and Interstate 10 and
determine ways to accelerate completion of Interstate 75 and
the rest of our vital interstate system. We need to resurface



IE



OF REPRESENTATIVES April 6, 1976

many of our roads and repair many of our bridges. We need
to make mass transit a reality and not just a rhetorical promise
for the people of this State. And this can be done only by
keeping our commitments for initial development of mass
transit systems, though it must be understood that the ultimate
responsibility for operation of those systems will remain at
the local level.
But we will not be able to fulfill all our responsibilities to
the people where transportation is concerned without adequate
revenues. Motor fuel taxes per capital in 1975, when adjusted
for the telling effects of inflation, were actually lower than the
motor fuel tax revenues in 1960. There is no evidence to sug-
gest that, without any changes in the base, revenues will return
to the traditional rate of growth we enjoyed before the oil
embargo. In fact, they should not if our energy conservation
practices succeed:
I made recommendation of an increase in the gasoline tax
an exception to my general opposition to increased taxes in
part because I am convinced it is the one tax we could in-
crease with an overall positive effect for our economy. It would
stimulate our ailing construction industry and provide new
jobs for our people-building the roads, the bridges and the
transit lanes we need at lower costs than by delaying these pro-
jects. The effects of these new projects and these new pay-
rolls would be felt throughout the State.
Yet I know this is not a popular proposal with the Legis-
lature, and I recognize your reluctance to address this issue.
However, it is an issue which we must face if we are really
serious about meeting our growing transportation needs in
Florida.
As you know, my principal reason for taking this initia-
tive was the potential loss of $122 million in federal highway
money for fiscal 1976-77 because of a lack of matching State
funds. I am pleased to say at this time that the use of county
secondary road funds used for primary right-of-way as federal
aid match and anticipated changes in the Federal Aid High-
way Act of 1976, which may be out of Congressional confer-
ence committee as early as this week, apparently will allow
Florida to survive another year without loss of its share of
federal highway dollars.
This means our problems are a little less critical for now.
But those problems will not go away. The long-range needs
remain and they cannot be solved without additional money-
money that would help us protect our multi-billion dollar in-
vestment in highways and bridges, money that would enable
us to move up our timetable by as many as fifteen years to
place the last interstate project in Florida under contract
before the beginning of the next century, and money that would
enable us to meet an increasing financial responsibility for
mass transit programs throughout the State-a responsibility,
I might add, that is in keeping with the longstanding intent
of the Legislature.
The proposed increase would also be of substantial benefit
to the counties of Florida. Too often in the past, counties have
been required to use their entire secondary tax budget to
acquire right-of-way for State roads, thus leaving nothing
for secondary road maintenance. The increase would mean
an additional $20 million per year to the counties for secondary
roads.
The recommended increase also would produce revenue to
replace the $22.5 million in second gas tax funds from the
fifth and sixth cents of the tax we now have in the working
capital trust fund of the State Department of Transportation.
This money would be released to the counties at the rate of
$7.5 million per year over the next three fiscal years.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Department of Transportation also would be able, with
the recommended increase, to assume the responsibility for
paying for relocation of publicly-owned water and sewer facili-
ties because of primary construction projects. This would re-
move a burden of about $6 million per year from local gov-
ernments.
It has been 44 years since we have had an increase in
gasoline taxes for overall State needs. During those 44 years,
the population of Florida has increased from 1.5 million
to more than eight million. The transportation needs of the
State have changed and multiplied.
I do not welcome the added costs which an increase in the
gasoline tax would mean for the people of Florida. But I am
firmly convinced that the overall benefits of the tax increase
would far outweigh the costs. The Department of Transporta-
tion estimates that more than 9,000 jobs would be created
by the increase. And it is a fact that a substantial amount of
the gasoline tax receipts in Florida are not paid by the people
of Florida but by visitors from other states.
I urge you to support my recommendation for a tax of
7.5 percent on the wholesale price of gasoline in Florida-an
increase that would amount to 2.8 cents per gallon at current
prices. I believe this recommendation would be in the best
interests of the people of this State.
Should it be your intent not to proceed on this issue this
year, then I urge you at least to conduct a joint interim study
of Florida's transportation needs. It is imperative that the
members of the Legislature be aware of the critical nature
of this problem as portrayed by the Governor's Transporta-
tion Advisory Committee.
While I was pleased with the study of this committee, I
recognize that time constraints did not allow the committee
to address itself fully to the transportation needs of counties
and cities as deeply as it reviewed the needs of the State.
Furthermore, I realize that reclassification of primary roads,
the return of the fifth and sixth cents to the counties, and
funding local transportation needs must be predicated on ade-
quate funding and require your review and understanding.
I feel confident that any study the Legislature might con-
duct in this area would clearly show the full spectrum of our
needs. I might add, the Legislature is fortunate in having
Senator Ralph Poston and Representative Fred Jones in posi-
tions of leadership as chairmen of their respective transporta-
tion committees. These two men have the depth of under-
standing that is needed of this issue and I would hope that
you would find time to discuss these matters with them.
I urge you once again to give statutory sanction to the 55-
mile-per-hour speed limit on our highways. We may face loss
of federal funds and have additional enforcement problems if
we do not. It is imperative that we take this action now.
In another area, legislation enacted in 1974 sought to reim-
burse road builders for the excessive and unexpected increases
in the cost of asphalt caused by the energy crisis. In practice,
however, some contractors were provided with much more than
reimbursements. They ended up with profits far in excess of
what was ever intended. The proposed clarification of that
law should provide continued protection against losses from
escalated material costs while assuring that only a fair and
equitable payment is made. I urge adoption of this legislation.
And I am also recommending legislation that would help
small businessmen, including minority contractors, broaden
their involvement in State construction contracts. This pro-
posal would raise the maximum construction contract amount



for which a pre-qualification bond is not required from the
present $50,000 to $100,000. This would expand the range of
projects on which small contractors could bid.

HOUSING
No one who is familiar with conditions in Florida today
need be reminded of the crucial importance of the construc-
tion industry to our economy. The plight of the construction
industry is the principal reason why we continue to lag be-
hind the rest of the Nation in the difficult process of recovery.
Last year 28.5 percent of the new claims for unemployment
compensation in Florida were filed by jobless construction
workers from Florida-a total of 165,521 people.
Nor need we be reminded of the increasingly severe hous-
ing problems we have in our State. The average new home
constructed in Florida in 1975 cost $38,000, an increase of 8.5
percent over 1974 and an increase of 38 percent over 1970.
The vast majority of families in Florida cannot afford to buy
homes at these high prices. We have no reason to believe that
these costs will diminish. Therefore, we must be able to as-
sure that loans for home construction are available at lower
interest rates.
With such inflated costs and amid a lingering recession, our
construction industry has been unable to meet our housing
needs. At least five percent of the existing housing in Flor-
ida-about 160,000 units-can legitimately be described as
substandard. With the population of the State expected to reach
ten million by 1982, by that time we will need at least 600,000
additional housing units.
It is clearly the responsibility of State government to inter-
vene at this time and serve as a catalyst in the recovery of
our construction industry and the delivery of decent housing
to our people. While additional money is now becoming avail-
able, interest rates remain high. I remain persuaded that the
responsibilities of the State where housing is concerned could,
at least in part, be fulfilled by the creation of a state hous-
ing finance agency. While money is now available, we have no
assurances that money will continue to be available at reasonable
interest rates.
We must also have a State agency which can best capitalize
on various federal programs. For instance, the major federal
housing program depends heavily on state housing finance a-
gencies to provide the financing mechanism, with federal guar-
antees, for new unit construction. This program which came
into existence in 1974, following several years of the federal
moratorium on housing programs, has yet to build a single
new unit in Florida because we have not provided the State
agency necessary to capitalize on the program.
This will require a constitutional amendment to allow the
issuance of tax-exempt State bonds. We must be certain, how-
ever, that in providing for such an amendment, we will not
in any way endanger the full faith and credit of the State.
We can achieve that certainty through full assurances of
federal and private mortgage insurance and other safeguards.
With recognition of the support this proposal already enjoys
from builders and bankers and construction workers and con-
sumers throughout the State, we can adopt responsible legis-
lation.
I ask you today to support the legislation sponsored by Rep-
resentative Charles Boyd and Senator Jack Gordon and en-
dorsed by Speaker Don Tucker and many others who are con-
cerned about our housing needs. It would provide jobs for
our people and help us provide housing for our people at
the same time.



April 6, 1976








JOURNAL OF THE HOUSE OF REPRESENTATIVES



This legislation is the work of some of Florida's best fi-
nancial and housing experts. It would give the people of
Florida a chance to vote in November on whether they want
to create the housing agency many of us believe is needed
to confront our housing problems as they must be confronted.
Let me assure you once again-this is a cautious proposal.
It is a conservative proposal. And, most important, it is a pro-
posal that would help us meet our obligations to those who be-
lieve as we do in the future of our State. If Florida is to be
a home for our people, then our people must have decent
homes in which to live.
The people of Florida, whether they live in conventional
single-family homes, in apartments, in mobile homes, or in
condominiums, must be assured that those of us in State
government are willing to work positively and purposefully
with private enterprise in meeting the housing needs of this
State.

HEALTH CARE
Far too many Floridians cannot afford the health care they
need. Many are poor. Many are older people living on fixed
incomes. And many today are unemployed-jobless men and
women who cannot even afford to feed and clothe their families
as they might like, much less provide them with the decent
health care they need.
We are all aware that we cannot solve all the pressing
problems of rising health costs in Florida. But there are some
positive steps we can take in this session to help make decent
health care available for those we represent and have been
elected to serve. State government can serve as a catalyst
in helping contain the cost of health care in Florida.
I am recommending a $32 million increase in our support for
the Medicaid program, including about $12.3 million in general
revenue. This money would help us assure adequate health care
for 453,000 people throughout Florida. Included in my recom-
mendations are provisions for continuing efforts to safeguard
against abuse and fraud within the program. This would
help us do a more effective job of delivering Medicaid money
to those who really need it, to those who might not be able to
afford any medical attention without Medicaid.
I am especially concerned with that part of the Medicaid pro-
gram which provides care for nursing home patients. These
are people, in many instances, who are unable to help them-
selves, who have no families able to care for them and who
have nowhere else to turn for help but to the State. We cannot
turn our backs on these Floridians at a time when they need
our help-perhaps more than ever before.
The State must help improve the quality of care provided
for patients in our nursing homes. I am asking for an increase
in skilled nursing home care from $600 to $630 per month. I
am also asking you to establish a second intermediate level
of semi-skilled care for nursing home patients at $560 per
month. The current intermediate classification would remain at
$500 per month. The implementation of this new three-level
system of care would save about $1.7 million over the amount
appropriated for this year.
According to current estimates, there are now 11,108 people
in skilled nursing homes receiving Medicaid payments from
the State of Florida. There are 3,579 people in intermediate care
facilities who are also receiving Medicaid payments. Because of
a significant increase in the caseload during 1975-76, an
increase which is continuing this year, I am recommending a
$9.7 million increase for nursing home care. These people need
our help. I hope they will be remembered in this session.



I hope we will also remember the events of recent weeks
which have shown us once again the need for positive and
forceful action at the State level to make our nursing homes
in Florida what they can and should be. I want to commend
Representative George Sheldon for his leadership on this vital
issue-an issue which should be of importance to everyone in
this State. I want to work with this Legislature in its efforts
to improve the nursing homes in Florida, but I do not recom-
mend the establishment of any state-owned or state-operated
nursing homes.
Medicaid rates for hospital care in the United States are now
increasing at an annual rate of nearly 14 percent. Doctor bills,
x-ray bills and medication bills all are rising. Overall, the
price of medical care for everyone is increasing at more than
twice the rate of all other consumer goods and services.
Our present system of financing hospital care in Florida lacks
incentives for efficiency in administration. This is reflected
in the quality of care people receive and in the hospital bills they
pay. Once again, I urge you to support the efforts of Senator
Jack Gordon, Representative Elaine Gordon, and other mem-
bers of this Legislature to develop cost containment programs
that can really assist in reducing health care costs in Florida.
The Florida Hospital Association and Florida Blue Cross/Blue
Shield are cooperating in this effort.
I would also like to call your attention to the approximately
$1.26 million increase I am recommending for children's medical
services. This money would be used to support medical screening
programs for poor children, to fund neo-natal centers to protect
premature infants from the retardation that can be caused by
birth defects, and to finance rehabilitative programs for crip-
pled children from throughout the State. I urge you to accept
this recommendation.

OLDER PEOPLE
There is a prejudice in our society, a prejudice that costs
us a loss of the wisdom of years and the knowledge of experi-
ence. I refer to the prejudice against age-to the prejudice
against those men and women who have passed the age of 65
and are now numbered among our senior citizens.
All of us suffer because of that prejudice, even as the older
people among us are suffering today in their struggle to survive
these hard times. Many older people in this State will not
survive that struggle without our help. And help cannot be
offered in the form of lasting solutions until prejudice is aban-
doned and older people are enlisted in the cause that is theirs
by birth and by right.
Senior citizens must not be treated as second-class citizens.
We can no longer afford the foolish luxury of ignoring one of
our most vital human resources-experience. And, if this is
true throughout America, it is especially true in Florida. The
experience of older people is one of Florida's most valuable
assets. The efforts of older people may well be the key to the
future of our State.
For, while the number and the percentage of people over the
age of 65 is growing nationally and presently stands at about
ten percent, the percentage of men and women over 65 in
Florida is already more than 17 percent. No other state has
such a large percentage of older people. And the percentage
is likely to keep growing.
This could mean-if we continue our present policies and our
present course-that more and more Floridians will be un-
employed and under-employed, more and more will be hungry
and homeless, more and more will live with poverty and loneli-
ness, dependency and despair.



16



April 6, 1976











Or it could mean-if we alter our course and employ our
potential resources as we should-that we will help lead the
Nation, at long last, toward fairness and justice and decency
for older people. We have made a beginning toward that goal
in Florida in recent years. But I think we all realize how far we
have left to go-if we want older people to have the full
measure of life that they need and deserve.

Older people would benefit, as all Floridians would, from
many of the recommendations I am making today. Munici-
pal utility tax reform, health cost containment, a housing fi-
nance agency, increases in Medicaid, and nursing home im-
provements-all these proposals would help older people in
Florida. There are other steps we could take as well that
would help bring older people into the active mainstream of
life in a State which needs the many advantages that could
be gained from their wisdom and experience.

We should abolish arbitrary mandatory retirement in Flor-
ida based on any particular age. Such mandatory retirement
is unfair and unhealthy, not only for older people but also
for all of us. We should give older people who want to work the
opportunity to use the talents they have and not allow those
talents to simply waste away with neglect.

Last year the House endorsed the efforts of Representa-
tives Jerry Melvin and Herb Morgan to solve this problem.
I urge both houses of this Legislature to support this effort
this year. I also ask you today to take whatever other ac-
tion may be needed to protect the rights of the aged by end-
ing all unnecessary age discrimination in this State. And, as
we seek to prevent child abuse in Florida, we should take
whatever steps are necessary to prevent abuse of our senior
citizens.
Older people must be allowed to help others and help them-
selves wherever possible. We must work for a minimum of
institutionalization and a minimum of barriers against the in-
volvement of older people in the whole spectrum of our society.
With this in mind, I urge you to adopt the Community Care
for the Elderly Act as proposed by Senator Bob Graham and
the Senate Health and Rehabilitative Services Committee.
This act would establish multi-service centers which would
help older people continue living at home with their families,
avoiding wherever possible the nursing homes and the hospitals
where so many are confined so often simply because of old
age. This would help us contain the rising costs of Medicaid in
Florida, as we invest our efforts in making older people a
real part of the society in which they belong.
These centers would offer help to the aged through health
maintenance, homemaking, counseling, telephone reassurance,
home-delivered meals, information and referral, and family
placement-all of those services which might seem so small
when considered individually, but which mean so much to the
older people who need them.
I also urge you to fund-in full-the $1 million I have
recommended for the Community Services Trust Fund in the
Department of Community Affairs. If we are really serious
about wanting to help poor people, old people, and disad-
vantaged people in Florida, we must support the important
cooperative work of the Division of Community Services with
local governments throughout Florida.
In Dade County our community services program has en-
abled older people to care for other older people in their homes
and thus avoid institutionalization. In Escambia County the
program has supported a mobile unit which makes food
stamps, medical services, and adult education programs in



17



reading and writing available to the poor and the aged in
rural areas. In Palm Beach and Broward Counties the pro-
gram has helped respond to some of the transportation needs
of the disadvantaged. I see no way to justify a refusal to fi-
nance such programs.
I also see no way we can refuse to permit price adver-
tising of eyeglasses in Florida or improve hearing aid ad-
vertising regulations or require warranties and thirty-day trial
periods for hearing aids. We all know that these changes
would be in the best interests, not only of all the people of
this State, but also of a healthy and competitive free enter-
prise system as well.
And, as we look to a renewal of prosperity through free
enterprise in Florida, we must understand that our efforts in
economic development should include an awareness that many
older people want and need part-time jobs. If we believe in the
necessity for work as a fundamental cornerstone of our soci-
ety, then we must also believe that there is work to be done
by those who want to work-whatever their age.

MANAGEMENT AND EFFICIENCY
There is never room for waste in government-and certainly
not when government revenue and resources are limited, as
they are today. As I have said many times in the past, the
people of Florida have every reason and every right to expect
a dollar's worth of good and decent government for every
dollar of revenue we collect.
That is why I appointed a management and efficiency study
commission two years ago to find ways to manage the people's
money more wisely and more effectively. More than 61 percent
of the recommendations of the prominent Florida businessmen
on that commission have already been implemented, most of
them by the executive branch of government. The annual net
financial benefit to the State-and to the taxpayers-from
these changes has been estimated at $28 million.
Most of the remaining recommendations of the commission
require legislative review and approval. We could provide addi-
tional financial benefits to the taxpayers in excess of $46.8 mil-
lion additional dollars by implementing those recommendations in
this legislative session. If we are really serious about wanting
to promote better management and efficiency in government,
then we will implement those recommendations without further
delay.
Let me explain how the implementation of just one of the
recommendations made by those business leaders could im-
prove our revenue picture in Florida and improve our efficiency
as well. We could add 72 auditing positions, as included in my
budget recommendations, to the State Department of Revenue
at a cost of $1 million which would return an estimated $5
million in additional revenue to the State during the coming
fiscal year. At the same time, we could increase interest
charges on delinquent taxes from one-half of one percent to
one percent per month, require interest to be paid for an ex-
tension to the normal deadline for filing sales tax returns, and
collect an estimated $5.1 million in additional interest charges
during the coming fiscal year. Our present interest charges
encourage, rather than discourage, late payment of taxes, and
these corrections should be made without delay.
Why should we not spend money to make money when we
have every possible assurance that the money will actually be
made? Why should we not provide an incentive for businesses
in Florida to file their tax returns on time? The people of
Florida have a right not only to ask these questions, but also
to expect some answers from their elected representatives in
the Florida Legislature.



April 6, 1976



JOURNAL OF THE HOUSE OF REPRESENTATIVES








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Too frequently, we have not been able to follow up on oppor-
tunities to correct management deficiencies that are brought
to our attention by either the Auditor General, agency heads,
or others.
I am recommending that specific authority and staff be given
to the Bureau of Management Improvement to follow up on
deficiencies brought to our attention in post audits and to
work with departmental accounting and audit staff to assure
that these deficiencies are corrected as soon as feasible.
Furthermore, I believe the Bureau should be able to initiate
other studies where authorized by the Governor, or in the case
of agencies under the Governor and Cabinet, at their request.
This should substantially improve our effort to eliminate waste
in Government and provide more rapid corrective action when
deficiencies come to our attention.

LABOR
All of us would rather receive paychecks than unemployment
checks. That is one reason why we must stress economic de-
velopment in this session. But, while unemployment in our
State hovers around 11 percent, we must pay special attention
to unemployment compensation.
More than twice as many people are drawing on our un-
employment compensation fund this year than last year. Nearly
400,000 men and women in our work force do not have jobs.
Many more of our people have dropped out of the work force
because they could not find jobs-women, teenagers, older people
-thousands who want and need to work.
Florida businesses and employers have enjoyed a low unem-
ployment compensation tax rate, ranking an average of 47th in
the Nation over the past six years. However, unemployment
benefits paid from the state unemployment compensation trust
fund amounted to $39 million in 1973, $108 million in 1974,
and $348 million in 1975. These benefit payments have been a
drain on the fund, necessitating an adjustment as provided by
law in the tax rate for 1976 of about five times that of the
1975 tax rate.
We can all take pride in the fact that-unlike some other
states-our unemployment compensation trust fund has re-
mained solvent throughout the recession. And, as we enter
a period of expected recovery, and in light of our recent ex-
periences, we should consider raising reserve requirements so
that the increase in the unemployment compensation tax rate
would not need to be as great in any future recession. If we
paid more into the fund in prosperous times, we would not have
to pay as much in hard times.
But it is also true that-unlike some other states-we have
not responded as we should to the needs of the unemployed.
Weekly benefits this past year have averaged about $63. Our
maximum level of weekly compensation by law in Florida is
$82-hardly enough to feed a family or buy clothes to send a
child to school. Hardly enough to make the mortgage payment,
pay the rent, or pay the utility bill.
Those who apply for unemployment compensation in Florida
are not seeking charity. They have earned their benefits by
working for them. The vast majority would gladly rejoin the
work force tomorrow-if only they could find work.
And yet Florida still ranks about 43rd in the maximum
amount of weekly benefits our jobless people receive. And our
complex and confusing laws make people wait-for no real
reason-for benefits they have already earned, and then throw
other obstacles in their way, obstacles that often discriminate
unfairly and unnecessarily.



I ask you, as I did a year ago, to improve our unemployment
compensation law. I ask you to eliminate the waiting week for
unemployment benefits, as 27 other states have already done.
I urge you, once again, to place unemployment benefits on a
formula in Florida based on a percentage of the state-wide
average weekly wage, whether this increases the overall benefits
or not. In this way, benefits would change as prices and salaries
changed. The actual benefit rate (50 percent of an individual's
weekly wage) and the maximum period of benefits (26 weeks)
would remain unchanged.
And, as we try to make life better for all Floridians we
must not forget the plight of thousands of farm workers.
While we have made progress on behalf of agricultural workers
in this State in recent years, they still face many problems
they cannot overcome without further commitment from those
who can help. I hope this Legislature will explore ways to im-
prove the lot of the men and women who work so hard and so
long to help feed this State, this Nation and much of the rest
of the world.
While presently farm workers are not denied the right to
collectively represent themselves, exemptions in federal statutes
afford them no mechanism for bargaining collectively. And, in
the absence of a State mechanism such as the one recently
created in California, we can only anticipate frustration in
Florida's fields for the farm workers as they try to improve
their lot.
We should examine carefully the California experience with
agricultural labor and determine to what extent it may be
applicable for Florida. An approach to this problem might be
for the State to provide a specific mechanism to allow for
collective bargaining. The proposals of Representative Steve
Pajcic and Senator Jack Gordon address this situation.
I am not prepared to say that this approach is the answer.
But I feel it is certainly worthy of consideration by this Legis-
lature and by all segments of the agricultural industry.

Florida has made excellent progress in recent years in
improving its system for adjudicating disputes of workmen's
compensation and unemployment compensation claims. I also
urge you to move the Judges of Industrial Claims out of the
Division of Labor in the Commerce Department and establish
that function as a separate entity under administrative super-
vision of the Industrial Relations Commission. The Division of
Labor is a party to every claim filed, and removing the Judges
of Industrial Claims from its administrative jurisdiction could
assure full independence, fairness and impartiality in the ad-
judicating process.

EQUAL RIGHTS AMENDMENT
I know that, after the events of the past year, some might
prefer to defer a renewal of the debate over the Equal Rights
Amendment until another day. Some might prefer to wait, to
watch what happens in other states before deciding what we
will do in Florida.
But a right deferred is a right denied. The women of Florida
and of the United States have already waited far too long for
the equal rights that are their birthright as Americans. And I
would hope that the Florida Legislature-especially in this Bi-
centennial year-would want to be much more than a watcher,
much more than a mere bystander in the struggle to assure
equal rights for more than half the people of this Nation.
This Legislature has been an example to the Nation before. I
ask you today to be an example again by approving the Equal
Rights Amendment to the United States Constitution.



18



April 6, 1976









JOURNAL OF THE HOUSE OF REPRESENTATIVES



MUNICIPAL UTILITY TAX
For as long as I have been Governor, it has been my hope
that we could reduce the burden of the municipal utility tax
on the people of Florida. Last year I recommended a reform
of that tax which would encourage energy conservation, re-
duce the tax burden for small businesses, and help the renters
and homeowners who are faced today with ever-increasing
monthly utility bills.
I want to renew and reiterate that recommendation today.
And I want to ask each member of the Legislature to examine
my proposal carefully and with an eye to the genuine need
among the people for some relief from the burden of this
onerous tax.
I suggest a fundamental revision of the tax from a value
base to a unit base of purchase, accompanied by an exemption
for households on at least the first 200 kilowatts of elec-
tricity purchased each month.
The base for municipal utility tax is now a percent of
the dollar amount purchased of electricity, metered or bottled
gas, water and fuel oil. For these energy sources we should
base the tax instead on a specific amount for each physical
unit purchased. In this way, the tax base for electricity would
be the number of kilowatt hours purchased.

At present, discounts are offered for increased usage of
electricity. The more you use, the less you pay for the in-
creased usage. The tax rate should be adjusted to assure no net
loss of revenue to the municipalities, encourage conservation
and remove much of the regressiveness from the municipal
utility tax. The rate should be adjusted for heavy industrial
users to place them on an equal and equitable basis with other
users.

Households and businesses alike would have an additional
incentive for consuming below their current average amounts.
And consumers of small amount of energy-such as the poor,
the senior citizens, and small renters, homeowners, and busi-
nesses-would no longer be paying a larger percentage of tax
than consumers of large amounts.

Utilities providing heat and water and light are as essential
to people as food and shelter. A certain minimum amount of
energy is required to provide these basic essentials. The exemp-
tion of the first 200 kilowatts for household use that I am
recommending would help assure a bare minimum of what
is needed for those who need it most.

Adoption of a unit base with a basic exemption for house-
hold use would also help reduce the impact of inflation on the
cost of utilities. An exemption based on the dollar value of
the utilities purchased would be worth relatively less to the
taxpayer as the price of utility service increase under infla-
tionary pressures. But, with a unit tax base, the value of the
exemption would remain constant in value for a given level
of consumption, regardless of inflation.

A unit base for the utility tax would also preserve a flexible
revenue base for municipalities. Some cities have had reserva-
tions about utility tax reform because they feared the loss of
an important discretionary tax source. These fears are under-
standable.

I would not advocate changes in the municipal utility tax
structure without assurances of replacement revenue, or with-
out assurances that replacement revenue would not be needed.
There would not necessarily be any need for such State reve-
nue in the conversion from a value base to a unit base of
purchase.



The reform I propose would be a modest, but positive, step
toward easing the burden of these mounting utility costs for
the people.

REORGANIZATION AND CONSUMER PROTECTION
Article 'IV, Section 1, Paragraph (e) of the Florida Con-
stitution states that, at least once in every regular session of
the Legislature, the Governor shall "propose such reorganiza-
tion of the executive department as will promote efficiency and
economy." A number of reorganization issues have been sug-
gested by various members in both houses.
Last year we reorganized both the environmental and so-
cial service agencies of State government. It is time to allow
these and other reorganization plans adopted since 1969 time
for full and thoughtful implementation. After all, in 1978 the
fundamental structure of our State government will undergo
a complete and exhaustive review.
I urge you to carefully consider any proposed reorganization
plan and ask: Is it in response to a problem? Does it provide
"a full and complete response to the problem? Will it provide
"a better and more responsive way for our State government
to provide the necessary services for the people?
The people of Florida expect some positive action in this
session on the issue of utilities and utility costs. Once again,
I ask you to expand the Florida Public Service Commission
from three to five members-and to enact legislation to en-
sure that those five members would be appointed under
proper safeguards and not elected.
Expansion would help alleviate the heavy caseload of the
present commissioners by allowing three-member hearings and
other ways of expediting cases. It would bring a new exper-
tise and a broader range of thought and experience to the
commission-thought and experience that could prove helpful
to the people. An appointive commission would improve our
ability to attract people knowledgeable in the complexities of
utility regulation to public service.

And let me stress as well that-as Senator "Buddy" MacKay
has reminded you recently-it is vitally important to the peo-
ple of Florida that we assure adequate funding for the staff
of the Public Service Commission and the staff of the Public
Counsel this year.

I have followed -the recent legislative discussions about the
Department of Professional and Occupational Regulation with
considerable interest. I agree that the various boards this de-
partment. oversees have not always served the interests of
the people as they should. But abolishing the department is
not the answer.

Instead, we should strengthen the department so that it
will be able to administer its responsibilities to the people
more effectively. We would not want the department to assume
the role of setting professional and occupational standards.
But the department should be capable of providing increased
administrative support for the boards-which is why I am
recommending an increase in the departmental budget of about
$249,000.. Additional administrative responsibilities should be
centralized within .the department.

I urge you to accept that recommendation. And I urge you
as well -to take one more step toward effective regulation
on behalf of the people-by placing consumer representatives
on every board within the domain of the department. Though
we have been fortunate to have many good members serve
on these boards, there have been disappointing exceptions,



19



April 6, 1976








JOURNAL OF THE HOUSE OF REPRESENTATIVES



arid we must be assured that the interests of the people are
clearly represented. The people have every right to at least
one lay voice that will speak for the consumers on each board.
I also urge this Legislature to support the enlightened efforts
of Treasurer and Insurance Commissioner Phil Ashler to re-
move the regulation of the insurance industry from his Cabi-
net office and place it under an appointive office. As we look
for ways to contain the rising costs of automobile and other
types of insurance this year, we should recognize that this re-
form would do much to insulate the oversight of the industry
from abuses that have sometimes taken place in the past.
And it would allow the Treasurer to focus his attention on
the business of the Cabinet and the business of protecting and
investing the people's money. This is one of the few times
,when we are in the fortuitous circumstance of having an
incumbent Treasurer who is not running for election and where
there is no hand-picked successor for the office. We should
act now.
Also, I recommend that we take the Division of Bond Finance
from the Department of General Services and place it under
the State Board of Administration, thereby creating a new
Department of Public Finance and Investments. This new
department, headed by the State Board of Administration,
could also contribute to economic development-not to mention
the fiscal health of the State-by focusing much-needed at-
tention on the problems of finance we will increasingly face
as Floridians.
And, with this in mind, I urge you to take all necessary steps
to help us improve the bond rating and the bond prospects for
Florida-by developing informational resources at the State
level, by requiring full disclosure of all bond obligations, by
providing for an ability at the State level to deal with local
financial emergencies whenever they might occur.
The people of Florida should be able to purchase the type
and amount of insurance they need and want and purchase
it from a company of their choice at a price that is fair and
reasonable. The people should be confident that in all re-
spects their interests are protected by properly regulated, fi-
nancially sound, insurance companies.
Auto insurance rates in Florida have increased beyond the
reach of many of those who need insurance most. And, despite
the doubling and tripling of medical malpractice premiums, mal-
practice insurance still is not available on a commercial volun-
tary basis.
In the area of auto insurance, I commend for your consid-
eration the work of the Florida Insurance Task Force created
by the Treasurer and Insurance Commissioner last year. In par-
ticular, I urge you to modify and strengthen our existing no-
fault concept and use that concept as the basis for the improve-
ments we need in Florida. I believe any return to the old system
in which recovery was based on a determination of fault would
result in even higher insurance rates.
In the area of medical liability insurance, you have already
received the recommendations of the commission you created
last session. I support their recommendation to extend the life
of the Medical Liability Insurance Study Commission so that
the group can continue its in-depth review of the basic problems
of medical liability insurance in our State.
Because of the absence of a viable commercial market for
this type of insurance and the high degree of selectivity exer-
cised by newly-created self-insurance trust funds, I join the
Insurance Commissioner in recommending that the Florida Medi-
cal Malpractice Joint Underwriting Association be extended



indefinitely. This action is necessary to assure availability of
insurance coverage for those physicians who cannot obtain such
insurance in the commercial market or in one of the profes-
sional trusts.
We need to review our whole system of liability for injuries
as it applies to medical malpractice insurance. One thing is
obvious-this very serious and complex issue will not be re-
solved by any patchwork approach.
Florida's recent mortgage fraud problems have clearly shown
the need to strengthen our land sales and securities laws to
better protect the consumer. For example, under the traditional
form of installment sales purchasing, the buyer does not have
the protection he or she should have against subsequent en-
cumbrances on the land such as mortgages.
We need stronger laws and we need better enforcement.
And those laws should clearly spell out which agency of gov-
ernment has enforcement responsibilities even where we may
have some overlapping. It is unfortunate the damage a few
unscrupulous land sales companies have caused some consumers
and the image of an industry comprised, overwhelmingly, of
honest businessmen.
I strongly support the efforts of the Board of Business
Regulation, the Attorney General, the Comptroller and the
appropriate legislative committees that are seeking greater con-
sumer protection in an area where it is needed.
And, in a related area, my staff is working with the Comp-
troller on a proposal to tighten the law regulating the mortgage
banking industry. Those who borrow through mortgage bankers
-including many small builders-are entitled to the same
measure of protection from loss as those who borrow from a
commercial lending institution. Our laws should provide that
protection.

Following his address, Governor Askew was escorted from the
Chamber by the committee. The members of the Supreme Court,
the Lieutenant Governor and members of the Cabinet were
escorted from the Chamber by the Sergeants at Arms of the
House and Senate.

On motion by Senator Brantley, the Joint Session was dis-
solved at 11:40 a.m. and the Senators were escorted from the
Chamber by the Senate Sergeant at Arms.

Reconvened
The House was called to order by the Speaker at 11:43 a.m.
A quorum was present.

Presentation of St. Petersburg Times Award
On motion by Ms. Coolman, the rules were waived and the
Speaker appointed Representatives Moore, Steinberg, and Foster
as a committee to escort Mr. Sanford H. Stiles of the St. Peters-
burg Times and The Honorable James L. Redman to the rostrum.

Following brief remarks by Mr. Stiles, the Speaker, on be-
half of the St. Petersburg Times and those legislative cor-
respondents and newspaper editors who participated in the
poll, presented Mr. Redman with a plaque symbolizing his
selection as the "Most Valuable Member" of the 1975 House.

The committee then escorted Mr. Stiles and Mr. Redman from
the rostrum.

Dual References of Bills
The Speaker requested confirmation by the House of dual
references of bills, made during the interim and printed in the
Interim Calendar. Without objection, confirmation was granted.



20



April 6, 1976









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Craig moved that the rules be waived and the House
adjourn upon completion of Introduction and Reference and
the receiving of Reports to reconvene at 1:00 p.m. tomorrow,
which was agreed to.

THE SPEAKER PRO TEMPORE IN THE CHAIR

Introduction and Reference

HJR 1-Withdrawn

By Representatives Hutto and Smith-
HJR 3-A joint resolution proposing an amendment to Sec-
tion 5 of Article IV and the addition of a new section to
Article XII of the State Constitution relating to the election
of cabinet officers.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HJR 6-Withdrawn

By Representatives Mixson, Hutto, Nergard, and Richard-
HB 7-A bill to be entitled An act relating to ad valorem
taxation; adding subsection (10) to s. 200.065, Florida Statutes,
1975, to provide that no millage increase made under the pro-
visions of said section relating to the method of fixing millage
by counties and school boards, shall exceed 10% unless ap-
proved by a vote of the electors; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

HJR 9-Withdrawn

HB 11-Withdrawn

By Representative G. C. Robinson-
HB 13-A bill to be entitled An act relating to motor vehicle
licenses; amending s. 320.08(4), Florida Statutes, 1975, speci-
fying a license plate fee for certain truck-tractors hauling
agricultural products or farm equipment; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appro-
priations.

HB 14-Withdrawn

By the Committee on Governmental Operations and Repre-
sentatives Hutto, Grizzle, Gibson, J. W. Lewis, Burrall, Maxwell,
Skinner, Mixson, Steinberg, Papy, Williamson, Poorbaugh, Haz-
elton, Richmond, Dyer, Price, Rish, Morgan, McCall, Tolton,
Hawkins, Mattox, Hazouri, J. R. Clark, Thompson, Craig,
Williams, J. W. Robinson, and James-
HB 17(cs)-A bill to be entitled An act relating to biennial
budgeting and appropriations; amending s. 216.023, Florida
Statutes, to require submission of biennial legislative budgets
to the Governor by each agency; amending s. 216.031, Florida
Statutes, specifying the contents of the biennial legislative
budget submitted for operational expenditures; amending
s. 216.043, Florida Statutes, 1975, specifying the contents of the
biennial legislative budget submitted for capital outlay; amend-
ing s. 216.051, Florida Statutes, to provide that in addition to
copies of legislative budgets the legislative appropriations
committees may require copies of any other report, schedule,
etc., required by chapter 216, Florida Statutes; amending
s. 216.081, Florida Statutes, to provide that estimates of the
financial needs of the legislative branch for the biennium be
furnished biennially to the Governor; amending s. 216.162, Flor-
ida Statutes, requiring that a copy of the recommended bud-
get for each state agency be furnished to each legislator by
the Governor in each odd-numbered year; specifying the con-
tents of the recommended budget submitted by the Governor;
amending s. 216.181(1), Florida Statutes, to provide that the
chairmen of the legislative appropriations committees shall



furnish information concerning amendments to the submitted
budgets in any year in which an appropriation is made; amend-
ing s. 216.241, Florida Statutes, to require that no new pro-
gram be initiated or commenced without specifically appro-
priated funds unless such proposed changes are reported to
the Speaker of the House, President of the Senate, and legis-
lative appropriations committees who may advise the commis-
sion prior to the commission's approval of said proposals;
amending s. 216.271(1), Florida Statutes, to provide for ap-
proval of revolving funds during each biennium by the De-
partment of Administration; amending s. 216.292(3), Florida
Statutes, to provide that transfers of appropriations shall be
by supplemental appropriations legislation; amending s. 216.-
301, Florida Statutes, 1975, to provide for certification by
the Department of Administration of funds expended but not
disbursed by state agencies at the end of each biennium and
a report to the legislative appropriations committees, the
Comptroller, and the Auditor General and to provide for the
reversion of funds unexpended at the end of the biennium;
amending s. 216.311, Florida Statutes, to provide that the
Department of Administration may authorize the Board of
Regents to recruit up to 50 percent of new positions recom-
mended for each fiscal year of the biennium; adding subsection
(5) to s. 216.091, Florida Statutes, to provide that the reports
furnished under s. 216.091, Florida Statutes, shall be provided
to the legislative appropriations committees; creating s. 216.045,
Florida Statutes, providing for supplemental appropriations
acts in even-numbered years of the biennium; providing that
there shall be no continuing appropriation without approval;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Hodes-
HB 19-A bill to be entitled An act relating to the comp-
troller and the Department of Banking and Finance; amend-
ing ss. 17.04, 17.041(1)-(6), 17.14, and 17.27(1)-(3), Florida
Statutes, substituting "comptroller" for "Department of Bank-
ing and Finance" in sections relating to the duties of the de-
partment with respect to the auditing of accounts; adding
subsection (12) to s. 20.16, Florida Statutes, as amended, trans-
ferring the duties and functions of the Department of Banking
and Finance relating to banks, credit unions, and savings
associations to a created Division of Banking and Finance
in the Department of Business Regulation; amending ss. 656.-
011(2), 658.02(7), and 665.021(2), Florida Statutes, changing
the definition of "department" to be the Division of Banking
and Finance of the Department of Business Regulation for use
in chapters 656, 658-661, and 665, Florida Statutes; directing
that changes in terminology in the Florida Statutes be made;
repealing s. 20.12, Florida Statutes, relating to the powers,
duties, and functions of the Department of Banking and
Finance; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations, Commerce, and Appro-
priations.

By Representatives Ogden, Hazouri, Becker, Bloom, Batchelor,
Margolis, and Gersten-
HB 20-A bill to be entitled An act relating to ad valorem
tax relief; creating Part II of chapter 196, Florida Statutes,
providing for annual grants of tax relief from ad valorem
taxes to qualified households; providing definitions and pro-
cedures; providing for administration by the Department of
Revenue and county tax collectors; providing for penalties and
confidentiality; providing an appropriation; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

HB 21-Withdrawn

By Representatives G. C. Robinson, Barrett, and Price-
HB 25-A bill to be entitled An act relating to law enforce-
ment patrol vehicles; requiring marked law enforcement patrol
vehicles to be equipped with certain public address systems;
requiring motorists stopped by law enforcement officers to
Sobey orders issued over public address systems; providing for



April 6, 1976








22 JOURNAL OF THE HOUSE

an identifying decal, fee, and exemption for disabled, aged,
and infirm persons; providing penalties; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 26-Withdrawn

HB 29-Withdrawn

By Representatives Richmond, Haben, Nuckolls, Clem, Lang-
ley, Mattox, Redman, Becker, and Belanger-
HJR 32-A joint resolution proposing an amendment to
Section 2 of Article V of the State Constitution relating to
the judiciary.
-was read the first time by title and placed on the Calen-
dar without reference.

By the Committee on Judiciary and Representative Rich-
mond-
HB 33 (cs)-A bill to be entitled An act relating to maps
and plats; creating s. 177.132, Florida Statutes, to provide for
the recording with the Clerks of the Circuit Courts in the sev-
eral counties, for informational purposes only, of certain not
otherwise recorded maps which do not have the dignity of being
plats; providing for availability of reproductions to the public
for a reasonable fee; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By the Committee on Finance & Taxation and Representa-
tives Ogden and Margolis-
HB 38 (cs)-A bill to be entitled An act relating to sales
tax; amending subsection (2) of section 212.12, Florida Stat-
utes, authorizing the Department of Revenue to assess a pen-
alty for processing worthless checks and delinquent tax re-
mittances in regard to the sales and use tax; amending subsec-
tion (3) of section 212.18, Florida Statutes, providing that the
Department of Revenue shall increase the fee for processing
dealer registrations to $5, in regard to the sales and use tax;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Ogden-
HB 39-A bill to be entitled An act relating to taxation;
amending s. 199.052(7) (c), Florida Statutes, relating to the in-
tangible .personal property tax; providing a penalty when the
proper tax has not been paid on certain instruments; providing
for the collection and distribution by the Department of Reve-
nue of the proceeds from any penalty and the interest thereon;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Ogden-
HB 41-A bill to be entitled An act relating to the Depart-
ment of Revenue; amending s. 201.131(1), Florida Statutes, to
specifically authorize quarterly setting of metering machines
used in the payment of the excise tax on documents; providing
an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By the Committee on Finance & Taxation and Representative
Ogden-
HB 42 (cs)-A bill to be entitled An act relating to the
sales and use tax; creating subsection (4) of s. 212.11, Florida
Statutes; authorizing the filing of returns and the payment of
taxes by small dealers on a quarterly basis; requiring a bond



E



OF REPRESENTATIVES April 6, 1976

or other security to be posted; requiring such dealers to file
returns and pay taxes on a monthly basis upon certain condi-
tions; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Ogden and Becker-
HB 43-A bill to be entitled An act relating to the Florida
income tax code; amending s. 220.13 (1) (a), Florida Statutes,
prohibiting special laws or general laws of local application
which grant an exemption for interest earned on state or local
bonds; repealing s. 220.66, Florida Statutes, relating to the re-
peal of certain sections to the extent they exempt certain
interest income from the corporate. income tax; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 45-Withdrawn

By Representative Ogden-
HB 46-A bill to be entitled An act relating to the docu-
mentary excise tax; amending s. 201.17(2)(b), Florida Stat-
utes, reducing the penalty for failure to place the proper
value documentary stamps upon the required document, instru-
ment, or paper; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

HB 47-Withdrawn

HB 52-Withdrawn

HB 53-Withdrawn

HB 54-Withdrawn

HB 55-Withdrawn

By Representatives J. R. Clark and Mattox-
HB 57-A bill to be entitled An act relating to sessions of
the legislature; providing for the convening of regular sessions
of the legislature in even-numbered years in February; limit-
ing such sessions to matters of appropriation, finance, and
taxation; limiting regular sessions in odd-numbered years
to matters other than appropriation, finance, and taxation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Fortune-
HB 60-A bill to be entitled An act relating to the regula-
tion of boats; amending s. 371.65(6), Florida Statutes, to author-
ize the registration of canoes which are commercial vessels
for either 6 months or 1 year upon payment of an appropriate
fee; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Finance & Taxation.

HB 61-Withdrawn

By Representatives Richard, Becker, Margolis, Gersten, and
Avon-
HB 63-A bill to be entitled An act relating to beaches;
creating s. 161.212, Florida Statutes; providing that civil ac-
tions may be filed to preserve the public's interest in beaches;
providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Richard, Becker, Price, Bloom, and Mar-
golis-
HB 69-A bill to be entitled An act relating to handguns;
amending s. 790.26, Florida Statutes; prohibiting the manu-
facture, assembly, sale, possession or use of handguns not
meeting criteria of this act; providing criteria; providing ex-
ceptions; providing for testing reports and responsibility of
Attorney General with respect thereto; providing injunctive
relief; providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By the Committee on Judiciary and Representatives Richard,
Dick Clark, Hector, Hutto, Eckhart, Papy, Blackburn, and Mix-
son-
HB 70 (cs)-A bill to be entitled An act relating to proceed-
ings in eminent domain; amending ss. 73.091 and 73.131(2), Flor-
ida Statutes, placing certain restrictions upon the amounts of
attorneys' fees to be assessed in such proceedings, other than
inverse condemnation proceedings, and in appeals from such
proceedings; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By the Committee on Judiciary and Representatives Redman,
McKnight, Richmond, Haben, Conway, Richard, Moore, and
Lockward-
HJR 72 (cs)-A joint resolution proposing an amendment
to Section 7 of Article IV of the State Constitution relating to
suspension from office of certain state officials.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representative Hazelton-
HB 75-A bill to be entitled An act relating to homesteads;
creating s. 222.19, Florida Statutes, defining surviving spouse
as head of family for purposes of homestead exemption from
forced sale; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By the Committee on Judiciary and Representatives Hazelton
and Smith-
HB 76 (cs)-A bill to be entitled An act relating to judg-
ments; amending s. 55.03, Florida Statutes, providing that, un-
less otherwise specified at a lesser rate, all judgments and
decrees shall bear interest at the rate of 9 percent a year;
limiting applicability; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Richard, McKnight, and Gersten-
HB 77-A bill to be entitled An act relating to banking;
amending s. 659.03, Florida Statutes, which requires an investi-
gation of new bank or trust company applicants by the De-
partment of Banking and Finance; requiring a public hearing;
requiring findings of fact; providing for appeal; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representatives Lockward, Hill, and Eckhart-
HB 80-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending s. 338.19(1), Florida Stat-
utes, to require the department to reimburse a government
owned utility from the Working Capital Trust Fund for the
entire expense of removing or relocating any utility facility;
providing for certain deductions from the reimbursement;
authorizing expenditure of both restricted and unrestricted
state roads moneys and gas tax revenues for such reimburse-
ment; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appro-
priations.



By Representatives Lockward, Hill, Mann, McKnight, Har-
rington, Cherry, Gersten, and Flynn-
HB 81-A bill to be entitled An act relating to insurance;
adding subsection (8) to s. 626.970, Florida Statutes, 1975, to
restrict insurers from increasing premiums or refusing cover-
age solely because of a citation for a moving traffic violation
which was nolle prosequi or dismissed; providing an effective
date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Lockward, Smith, McKnight, and Bloom-
HB 83-A bill to be entitled An act relating to prohibited
parking; amending s. 316.160(1)(a), Florida Statutes; prohibit-
ing parking of a motor vehicle in any parking place marked by
an internationally accepted wheelchair symbol without certain
license plates; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representative J. R. Clark-
HB 86-A bill to be entitled An act relating to private and
public utility construction; providing intent and purpose; pro-
viding definitions; authorizing local governments which pro-
vide public utility service to collect a fee from a person apply-
ing for a building permit to cover the cost of the extension of
utility service to the new structure; authorizing a private
utility company, with the approval of the body regulating its
rates, to impose such fee as a precondition to delivering serv-
ice to a new structure; requiring governmental units and
private utility companies to conduct studies to determine
proper utility capital impact fees for classifications of struc-
tures at specified intervals and prior to the imposition of or
amendment to such fees; requiring uniformity of fees within)
each classification of structure; providing exemptions from
and limitations upon application of the fee; providing an
effective date.
S-was read the first time by title and referred to the Com-
mittees on Growth & Energy and Finance & Taxation.

HB 89-Withdrawn

HB 92-Withdrawn

SHB 93-Withdrawn

By the Committee on Judiciary and Representatives James,
Maxwell, J. W. Robinson, Rude, and Papy-
HB 96 (cs)-A bill to be entitled An act relating to prop-
erty tax assessments; creating s. 193.631, Florida Statutes,
limiting the valuation of homestead property owned by certain
persons 65 years of age or older, or by persons totally and
permanently disabled, for purposes of assessment for ad valorem
taxation; requiring the property appraiser to annually classify
such property for assessment purposes; providing for the in-
crease in valuation of such property when improvements are
made thereon; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By the Committee on Judiciary and Representatives James,
Maxwell, J. W. Robinson, Rude, and Papy-
HB 97 (cs)-A bill to be entitled An act relating to prop-
erty taxation; creating s. 200.186, Florida Statutes, providing
for a millage limitation on homestead property owned by cer-
tain persons 65 years of age or older and certain persons who
are totally and permanently disabled; requiring the property
appraiser to annually classify such property for village pur-
poses; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.



23



April 6, 1976








24 JOURNAL OF THE HOUSI
By Representatives James, Maxwell, Rude, J. W. Robinson,
and Papy-
HJR 98-A joint resolution proposing an amendment to
Section 2 and Section 4 of Article VII of the State Constitution
relating to finance and taxation.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives Rude, Poole, and Kiser-
HJR 100-A joint resolution of apportionment; providing
that the members of the Senate and House of Representatives
of the Florida Legislature shall each represent a separate and
distinct single-member district; establishing specified districts
and providing for the establishment of particular district
boundaries; providing for the effectiveness of the resolution.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Haben, Mann, and Gersten-
HB 103-A bill to be entitled An act relating to jury
service; reenacting s. 40.271, Florida Statutes, as created by
Chapter 74-379, Laws of Florida, prohibiting dismissal from
employment because of jury service; providing a civil action,
compensatory and punitive damages; providing attorney fees;
providing an effective date.
"-was read the first time by title and placed on the Calen-
dar without reference.

By Representative Haben-
HB 104-A bill to be entitled An act relating to mentally
disordered sex offenders; reenacting section 917.14(1), Florida
Statutes, as amended by Chapter 74-379, Laws of Florida;
providing that persons convicted of a felony or misdemeanor
may be certified for a hearing and examination in the circuit
court; repealing section 917.23, Florida Statutes, as repealed
by Chapter 74-379, Laws of Florida, relating to inapplicability
to capital cases; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representative Singleton-
HB 106-A bill to be entitled An act relating to imprisonment
in county jails; creating s. 951.25, Florida Statutes, requiring
the Department of Offender Rehabilitation to reimburse a
county for expenses incurred in the care of a prisoner assigned
by a court to a county jail rather than state prison due to
the length of his sentence; requiring the county jail to meet
certain health and safety standards; requiring the department
to enforce such standards and to certify compliance therewith;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Papy, Becker, Fontana, and McKnight-
HB 109-A bill to be entitled An act relating to cost of
living adjustments for state employees; establishing a factor
scale to be applied to all counties within the state for pur-
poses of cost of living salary adjustments; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Papy-
HB 110-A bill to be entitled An act relating to accident
insurance for student participants in athletic programs; re-
quiring the state to purchase an accident insurance program
through competitive bid which shall provide for the payment
of all reasonable and necessarily incurred medical expenses
up to a total sum of $100,000 for any student who receives an
injury as a result of participation in an athletic program
sponsored by a public school or state institution of higher



E



SOF REPRESENTATIVES April 6, 1976
learning; providing said insurance coverage to be excess
coverage; providing for a competitive bidding procedure; pro-
viding a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Papy and McKnight-
HB 111-A bill to be entitled An act relating to schools;
amending s. 231.471(1) and (2), Florida Statutes, to pro-
vide that school boards may use their discretion in the hiring
of certified and non-certified part-time personnel; adding vo-
cational education courses to a list of examples of courses
which part-time teachers may teach; providing that part-
time teachers shall not receive additional benefits other than
salary payments for periods taught; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Papy-
HB 112-A bill to be entitled An act relating to hospitals;
amending s. 395.07, Florida Statutes, providing for physician's
orders for medication, treatment, or procedures performed in
hospitals; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health and Rehabilitative Services.

By Representative Haben-
HB 114-A bill to be entitled An act relating to miscel-
laneous crimes; rewording s. 877.03, Florida Statutes, relating
to breach of the peace and disorderly conduct; providing a
definition; providing a penalty; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representative Haben-
HB 115-A bill to be entitled An act relating to criminal
law enforcement; amending s. 943.09, Florida Statutes, 1974
Supplement, relating to the Division of Standards and Train-
ing, to provide for employment of a director upon recommen-
dation of the commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations, Criminal Justice, and
Appropriations.

By Representative Haben-
HB 117-A bill to be entitled An act relating to drug abuse,
prevention, and control; amending subsections (2)(c) and
(3) (a) of s. 893.03, Florida Statutes, relating to standards
and schedules; adding certain substances to Schedule II and
deleting methaqualone from Schedule III; amending paragraphs
(a), (b), and (e) of subsection (1) of s. 893.13, Florida Stat-
utes, relating to prohibited acts and penalties; providing that
unlawful sale, manufacture or delivery of substances in Sched-
ule V shall be a felony of the third degree; providing that sale,
delivery, or possession of in excess of 10 grams of any sub-
stance containing 10 milligrams of any substance listed in s.
893.03(1) (a) or (1)(b), Florida Statutes, shall be a felony of
the first degree; rephrasing the simple possession provision
to provide that unlawful possession of a substance named or
described in s. 893.03(1), (2), (3) or (4), Florida Statutes,
shall be a felony of the third degree; providing that unlawful
possession of a substance named or described in s. 893.03(5),
Florida Statutes, shall be a misdemeanor of the first degree;
providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representative Haben-
HB 118-A bill to be entitled An act relating to criminal
law enforcement; repealing section 20.20, Florida Statutes,
relating to the Department of Law Enforcement; amending
certain sections of the Florida Statutes to change the refer-








JOURNAL OF THE HOUSE



ence from the Department of Law Enforcement to the Depart-
ment of Criminal Law Enforcement; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Haben-
HB 119-A bill to be entitled An act relating to witnesses;
amending section 905.195(1), Florida Statutes, providing for a
list of witnesses of the grand jury; providing for confidential-
ity; amending section 905.27(2), Florida Statutes, providing
for non-disclosure of testimony; prohibiting disclosure of
identity of witness before the grand jury; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Haben-
HB 120-A bill to be entitled An act relating to immunity
of witnesses; amending s. 914.04, Florida Statutes, to provide
for immunity from use of compelled testimony; providing
for pre-hearing order to testify; providing procedures for
granting immunity before courts of the state, grand jury and
state attorney; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Fechtel, Maxwell, Burrall, and Watson-
HB 122-A bill to be entitled An act relating to the district
school system; amending s. 230.03(2), Florida Statutes, speci-
fying powers of district school boards; providing an effective
date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representative J. R. Clark-
HB 123-A bill to be entitled An act relating to revenue
sharing; repealing s. 166.231, Florida Statutes, 1974 Supple-
ment, to remove the authority of municipalities to levy a
public service tax; amending s. 218.21(7), Florida Statutes,
1974 Supplement, to redefine the term "minimum entitlement"
for the purposes of the Revenue Sharing Act of 1972; amending
s. 218.215(2), Florida Statutes, 1974 Supplement, providing for
an annual appropriation to the Revenue Sharing Trust Fund
for Municipalities; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs, Finance & Taxation, and Ap-
propriations.

By Representative Williams-
HB 124-A bill to be entitled An act relating to motor
carriers; amending s. 323.01(8), Florida Statutes, changing and
adding definitions; amending s. 323.05(1), Florida Statutes,
and adding subsection (7), deleting carriers of property from
provisions relating to permits to operate motor vehicles for
hire, and exempting persons holding for hire permits for
transportation of property issued prior to the effective date
of this act; prohibiting transfer or extension of such permits;
creating s. 323.065, Florida Statutes, providing for grant of
temporary authority when an immediate and urgent need
requires the same; providing for grant of emergency tem-
porary authority without notice and hearing; providing for
extension of temporary authority pending disposition of appli-
cation for permanent authority; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

HJR 126 (cs)-Withdrawn

By the Committee on Criminal Justice and Representatives
Smith, Hazelton, Avon, Andrews, Singleton, Hill, Bloom, Healey,
Richard, Hazouri, Price, and Gersten-
HB 127 (cs)-A bill to be entitled An act relating to innocent
victims of violent crimes; providing a short title; providing



April 6, 1976



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



SOF REPRESENTATIVES 25

legislative intent; providing definitions; setting forth elements
of recovery; providing prerequisites to award; providing
for apportionment of award when there are two or more
claimants; providing for reduction or denial of award in
certain cases; providing restriction on recovery; providing
time and procedure for filing claims; providing procedure
for determining claims; including investigation of claims
and hearings therefore; providing an appeal procedure before
the commission; providing for appeal to the District Court of
Appeal; providing for modification of orders; providing for
the taking of depositions and the payment of witness fees;
providing for attorney's fees; providing a penalty; providing
powers of the Division of Labor of the Department of Com-
merce, judges of industrial claims, and the Industrial Relations
Commission; providing for compensation; providing certain
limitations on recovery; providing for emergency awards; pro-
viding a penalty for fraud; providing for subrogation; pro-
viding that awards shall not be subject to execution or attach-
ment; authorizing the division to withhold certain information;
providing for an annual report; providing for rules; providing
for creation and administration of the Crimes Compensation
Trust Fund; providing an appropriation; providing authority to
apply for federal funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HJR 128-Withdrawn

By Representative Haben-
HB 129-A bill to be entitled An act relating to driver's
licenses; amending s. 322.28(2)(e), Florida Statutes, 1975, as
amended, deleting the procedure by which the Department of
Highway Safety and Motor Vehicles, pursuant to court order,
issues and cancels temporary driver's permits to certain per-
sons; repealing s. 322.25(7), Florida Statutes, removing provi-
sions permitting a court to order the issuance of a temporary
driving permit to certain persons; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

HB 130-Withdrawn

HB 131-Withdrawn

By Representatives Melvin and McKnight-
HB 132-A bill to be entitled An act relating to the state
career service system; amending s. 110.022(3), Florida Stat-
utes; providing for fingerprinting of employees in designated
career service positions; providing powers and duties of De-
partment of Administration; providing duties of Department
of Criminal Law Enforcement; providing reimbursement of
expenses by employing agency; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 133-Withdrawn

HB 134-SF-Withdrawn

HB 135-Withdrawn

HB 137-Withdrawn

By Representative Papy-
HB 142-A bill to be entitled An act relating to alimony;
amending subsection (1) of s. 61.08, Florida Statutes, pro-
viding that the court may consider the adultery of a spouse
claiming alimony; adding a new subsection (3) to s. 61.08,
Florida Statutes, providing that the amount of alimony a-
warded to a spouse shall be based on a demonstrated need
for support, as well as the financial ability of the other spouse
to pay such support; providing an effective date.








26' JOURNAL OF THE HOUSE

By Representatives Melvin, Margolis, Gersten, and Healey-
HB 146-A bill to be entitled An act relating to education;
creating the Florida Education for Aging Act of 1976; estab-
lishing a grant program for school districts and community
colleges; providing for grant application to be submitted to
the Department of Education; providing for review and dis-
position of application; providing for state leadership and
technical assistance; providing for an annual report by the
commissioner of education; providing an appropriation and for
distribution of the funds; providing an effective date.
.'-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 147-Withdrawn

HB 149-Withdrawn

SHB 150-Withdrawn

By Representatives Becker, Smith, Avon, and Price-
HB 151-A bill to be entitled An act relating to battery;
amending s. 784.03(2), Florida Statutes, 1975, and adding a
subsection; providing that a battery against a law enforcement
officer, fire fighter, or volunteer fireman acting within the
performance of his duties is punishable as a felony; providing
an effective date.
.--was read..the first time by title and referred to the Com-
iittee: on Criminal Justice.

By Representatives Margolis and Bloom-
HB 152-A bill to be entitled An act relating to electors;
amending s. 97.111, Florida Statutes, authorizing persons reg-
istered to vote to initiate a change in party affiliation by mail
or telephone; directing the supervisor of elections to mail forms
for making such change; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Margolis, Mann, Considine, Moore, Bloom,
Gersten, Coolman, McKnight, Hill, Smith, Flynn, and Tolton-
HB 153-A bill to be entitled An act relating to elections;
amending s. 100.011(1), Florida Statutes, relating to the hours
that polls open and close, and extending the hours; providing
ani effective date.
i -was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 157-Withdrawn

-By Representative Melvin-
HB 158-A bill to be entitled An act relating to public
retirement and pension plans; creating s. 112.0516, Florida
Statutes; providing for refund of contributions; allowing vest-
ing of rights; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Becker and Smith-
HB 159-A bill to be entitled An act relating to prostitution;
amending s. 796.07, Florida Statutes, increasing the penalty for
the commission of or the aiding, abetting or participating in
the commission of certain offenses, including the operation
of a building for prostitution or the offering to secure or to
,receive another for the purpose of prostitution, or to trans-
port another for such purpose, and related offenses; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Becker and Smith-
HB 161-A bill to be entitled An act relating to arrest and
search warrants; adding a new subsection (2) to s. 901.19,



11



E OF REPRESENTATIVES April 6, 1976

Florida Statutes, authorizing a peace officer to enter a build-
ing or property to make an arrest without announcing his
authority or purpose in certain circumstances; amending
s. 933.09, Florida Statutes, authorizing a peace officer to enter
a house to execute a search warrant without announcing his
authority or purpose in certain circumstances; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives J. R. Clark, Mattox, and Maxwell-
HB 162-A bill to be entitled An act relating to the cor-
porate income tax; creating s. 220.535, Florida Statutes, pro-
viding an exemption from the corporate income tax to those
public utilities furnishing electricity and gas and those com-
panies furnishing telephone and telegraph services; providing
for proceedings by the Public Service Commission to review
and rescind rate increases granted by reason of the corporate
income tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Kershaw and Mann-
HB 164-A bill to be entitled An act relating to nonpartisan
elections for judicial officers; amending s. 105.021, Florida
Statutes, providing that the first and second nonpartisan elec-
tions be held at the time of the second primary election and
the general election respectively; amending s. 105.031(1), Flor-
ida Statutes, providing that the qualifying period for judicial
offices will coincide with qualifying period for other offices;
amending s. 105.051(1)(b), Florida Statutes, providing for the
placing of names on the ballot; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Elections.

By the Committee on Judiciary and Representatives Becker,
Margolis, Avon, Williamson, Gallagher, Culbreath, Hazelton,
Campbell, Kutun, Coolman, Steinberg, Dyer, Considine, Moore,
Young, Lehman, Gersten, Gordon, McKnight, Healey, Flynn,
Bloom, Poole, Richard, and Rude-
HB 167 (cs)-A bill to be entitled An act relating to con-
dominiums and cooperative apartments; amending s. 711.67,
Florida Statutes, 1974 Supplement, requiring a developer to
deposit all payments received from the buyer for a condomin-
ium or cooperative parcel in an escrow account for the buyer
under certain conditions; providing that funds in the amount of
5 percent of the sale price be maintained in escrow until
expiration of 6 months after closing; providing that, in lieu
of an escrow account, such payments may be held in a special
account by the developer; authorizing the developer to with-
draw: funds from such special account, to be used for cer-
tain purposes only; requiring that a certain legend be print-
ed in bold-faced type larger than the largest type used in the
text of the contract; requiring developers, prior to with-
drawing funds from the special account, to deliver to the buyer
a bond in an amount equal to the amount to be withdrawn; de-
leting limitation on the vesting in the buyer of certain lien
rights; deleting the requirement that a developer must intend
to defraud a prospective buyer for the developer to be guilty
of embezzlement in certain cases; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Hieber, Price, and Avon-
HB 168-A bill to be entitled An act relating to elections;
amending s. 100.061, Florida Statutes, providing that the can-
didate receiving the highest number of votes in a primary
election shall be declared nominated for office; providing for
the drawing of lots in case of a tie vote; deleting requirement
of a second primary election where no candidate receives a
majority of the votes cast; amending s. 100.111(1), Florida
Statutes, 1974 Supplement, deleting reference to second pri-
mary election provisions relating to the filling of vacancies
in elective office; directing that changes in terminology be
made in the Florida Statutes; repealing s. 100.091, Florida Stat-
utes, 1975, abolishing second primary elections; providing an
effective date.
-was read the first time by title and referred to the Com-
.mittee on Appropriations.








JOURNAL OF THE HOUSE



HB 169-Withdrawn

By Representatives Becker, Bloom, Margolis, Considine, Price,
Smith, and Moore-
HB 174-A bill to be entitled An act relating to bail; amend-
ing s. 903.132, Florida Statutes, providing that a court may
grant bail pending appeal to a person convicted of a felony
only upon a written order finding a good faith appeal; pro-
hibiting such granting of bail if the convicted felon has a
previous conviction or other felony charges pending; providing
for direct appeal as a matter of right from any such denial
of bail pending appeal; requiring advancement of such appeal
on the appellate court's calendar; repealing Rules 3.130(a)
and 3.691(a), Florida Rules of Criminal Procedure, insofar as
these rules relate to post-trial release of persons convicted
of a crime; providing an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Steinberg, Bloom, Becker, Young, Batche-
lor, Margolis, and Maxwell-
HB 175-A bill to be entitled An act relating to mortgage
lenders; providing for payment of interest by those who
collect escrow funds for the payment of taxes, insurance,
and expenses, other than principal and interest, incident to
mortgaged residential properties in the state; providing an
exception; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Finance & Taxation.

By Representatives Redman, Fortune, Mattox, McDonald,
Langley, Nuckolls, Crenshaw, Hawkins, and Conway-
HB 177-A bill to be entitled An act relating to public
assistance; amending s. 409.325(1), Florida Statutes, increasing
the penalty for fraudulently obtaining, or attempting to ob-
tain, assistance to which a person is not entitled when the
aggregate value of the assistance in a 12-month period is
$200 or more; prohibiting persons from knowingly using or
receiving any such fraudulently obtained assistance and pro-
viding penalties for violation; providing that repayment of any
fraudulently obtained assistance shall not constitute grounds
for a dismissal of charges; making the introduction into evi-
dence of a state warrant in favor of the defendant prima
facie evidence that the defendant received assistance; pro-
viding an effective date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Rish, Mattox, and Batchelor-
HB 178-A bill to be entitled An act relating to corporate
income tax; amending s. 220.14(1), Florida Statutes, increasing
to $10,000 the exemption allowed on net income subject to the
corporate income tax law; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Rish, Batchelor, Papy, Hutto, Bloom,
Mann, Dixon, Lehman, Richard, J. W. Robinson, Thompson,
Andrews, Tucker, Blackburn, Morgan, Kershaw, Forbes, Mixson,
Hagler, Neal, Pajcic, Peaden, Flynn, Eckhart, Craig, Fontana,
Hill, Considine, Fortune, Melvin, and Young-
HB 179-A bill to be entitled An act relating to alcoholic
beverages; creating s. 396.181, Florida Statutes, which creates
the Florida State Alcoholic Rehabilitation Trust Fund to be
administered by the Department of Health and Rehabilitative
Services; amending s. 561.12, Florida Statutes; providing that
12 percent of the revenue collected from the excise tax on
specified alcoholic beverages shall be deposited in the Alco-
holic Rehabilitation Trust Fund, and the remainder shall be
paid into the General Revenue Fund; amending s. 565.12(1)(a)
and (2) (a), Florida Statutes, increasing the excise tax on
specified alcoholic beverages; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



April 6, 1976



SOF REPRESENTATIVES 27

By Representative Redman-
HB 180-A bill to be entitled An act for the relief of
Millard E. Futch, James B. McPherson, and Ruben Espinola;
providing an appropriation to compensate them for attorney's
fees incurred during the appeal of their dismissal by the
Division of Beverage of the Department of Business Regula-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

HB 181-Withdrawn

By the Committee on Retirement, Personnel & Claims and
Representatives Richard and Gordon-
HB 184 (cs)-A bill to be entitled An act relating to public
officers and employees; adding paragraph (e) to s. 112.061(3),
Florida Statutes, 1974 Supplement, requiring annual reports to
the legislature of travel outside the state by public officers
and employees; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Judiciary and Representatives Tucker,
Smith, Dick Clark, Pajcic, Moore, Hieber, and Kiser-
HJR 185 (cs)-A joint resolution proposing an amendment
to Section 5 of Article IV and the creation of Section 18 of
Article XII of the State Constitution relating to the terms
of office of the lieutenant governor and the cabinet members.
-was read the first time by title and placed on the Calen-
dar without reference.

By the Committee on Governmental Operations and Repre-
sentatives Tucker, Dick Clark, Richard, Coolman, Mann, Pajcic,
Lockward, Avon, Smith, and Harrington-
HB 186 (cs)-A bill to be entitled An act relating to public
meetings and records; amending s. 286.011(1), Florida Statutes,
relating to "government in the sunshine"; including certain
meetings of the Governor, Lieutenant Governor, members of
the Cabinet, and the Legislature within the purview of the
section; providing, for certain meetings, an exception to pro-
visions relating to recording minutes; providing an effective
date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representative Melvin-
HB 187-A bill to be entitled An act relating to district
school plants; creating s. 235.025, Florida Statutes, requiring
district school boards to provide fencing for certain school
property; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Hodes and Batchelor-
HB 189-A bill to be entitled An act relating to the Board
of Regents; amending s. 240.042(2)(d), Florida Statutes, em-
powering the Board of Regents of the State University System
to appoint the president of a university to a limited term of
appointment and to a tenured position on the faculty; re-
quiring review by the board for reappointment of a president;
requiring the board to establish criteria and procedures for
evaluation; requiring review of such presidents serving 5 or
more years on the effective date of this act; providing for
removal of presidents; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representatives Becker, Avon, Williamson, Hazelton,
Campbell, Kutun, Coolman, Steinberg, Dyer, Considine, Moore,
Young, Lehman, Gersten, Margolis, Gordon, McKnight, Flynn,
Gallagher, Rude, Harrington, Richard, Poole, Bloom, McPherson,
and Adams-
HB 196-A bill to be entitled An act relating to condo-
miniums and cooperative apartments; adding subsections (4)-








28 JOURNAL OF THE HOUSE

(6) to s. 711.65, Florida Statutes, 1974 Supplement, requiring
developers to submit a performance bond or program of in-
surance to the Governor to satisfy breach of warranty or war-
ranty service claims; providing amount of such bond or pro-
gram; providing for the adoption of rules; providing for in-
junctive relief; providing an exception; providing an effective
date.
-was read the first time by title and placed on the Calen-
dar without reference.

By Representatives Clem, Poole, Avon, and Price-
HB 198-A bill to be entitled An act relating to penalties
for felonies; amending s. 775.082(3), Florida Statutes, 1974
Supplement, and adding a subsection, providing minimum terms
of imprisonment for persons convicted of felonies of the first
and second degree; requiring the imposition of at least such
minimum terms except upon a certain finding made in writing
by the court; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Poole and Gallagher-
HJR 200-A joint resolution proposing an amendment to
Sections 4 and 5 of Article IV of the State Constitution re-
lating to the executive.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Avon-
HB 202-A bill to be entitled An act relating to sentence;
amending s. 921.16, Florida Statutes, removing the court's
power to direct concurrent sentences with respect to habitual
offenders; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

MR. MOFFITT IN THE CHAIR

By the Committee on Education and Representatives Con-
way, Nelson, McKnight, and Mann-
HB 203 (cs)-A bill to be entitled An act relating to
education; amending ss. 163.165(1) and (2), 163.185(5), and
163.205, Florida Statutes, providing that part II of chapter
163, Florida Statutes, relating to county and municipal planning
for future development, shall take school siting and educational
development into consideration with regard to future develop-
ment and zoning ordinances approved by local planning com-
missions; amending s. 163.270(2) (c), Florida Statutes, providing
that local planning commissions shall not approve any sub-
division plan and plat unless it has also been submitted to the
district school board; amending s. 163.280(2), Florida Statutes,
requiring certain local governing bodies to consider education
with regard to any action ordering the vacation and reversion of
subdivided land to acreage; amending s. 163.260(1) and (2)(j),
Florida Statutes, and adding a new paragraph (k), requiring
consideration of education with regard to certain subdivision
regulations; amending s. 163.265(2), Florida Statutes, requiring
district school boards to timely notify local planning commis-
sions of receipt of subdivision plans and plats; amending s. 163.-
295, Florida Statutes, providing for the consideration of educa-
tion in the adoption of certain codes; adding subsection (3) to
s. 177.081, Florida Statutes, providing that school sites desig-
nated in subdivision plans and plats presented to planning com-
missions must conform to certain requirements; amending
s. 235.15, Florida Statutes, requiring district school boards to
file certain surveys with the local planning commission; amend-
ing s. 235.19(1), Florida Statutes, providing that the school
board shall keep copies of certain subdivision plans and plats;
creating s. 235.195, Florida Statutes; requiring school boards
to determine whether school facilities are capable of absorbing
additional students; requiring school boards to provide speci-
fied information and to participate in zoning and planning
processes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



I.



E OF REPRESENTATIVES April 6, 1976

HB 205-Withdrawn

By Representatives Andrews, Gersten, Becker, Richard, and
Moore-
HB 209-A bill to be entitled An act relating to trade and
commerce; creating ss. 542.15-542.35, and s. 542.37, Florida
Statutes; providing definitions; prohibiting certain anticom-
petitive conduct; providing exemptions; providing rule of evi-
dence; providing penalties; providing civil remedies; providing
authority of attorney general; specifying liability of certain
persons and business entities; providing for judgment in
favor of state as prima facie evidence; providing statute of
limitations; providing venue; renumbering s. 542.12, Florida
Statutes; repealing ss. 542.01-542.11, Florida Statutes, re-
lating to combinations restricting trade or commerce; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 211-Withdrawn

By Representative Hazelton-
HB 213-A bill to be entitled An act relating to the Florida
Highway Patrol; amending s. 321.02, Florida Statutes, direct-
ing the Department of Highway Safety and Motor Vehicles
to equip each motor vehicle used by the Florida Highway
Patrol with a public address system; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Richmond-
HB 217-SF-A bill to be entitled A proposal relating to the
establishment of a state power authority.
-was read the first time by title and referred to the Com-
mittees on Growth & Energy and Appropriations.

By Representatives Richard, Fontana, Nelson, and Davis-
HJR 219-A joint resolution proposing an amendment to
Sections 10 and 11 of Article V of the State Constitution
relating to the selection and terms of justices and judges.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By the Committee on Governmental Operations and Repre-
sentatives Poorbaugh and Batchelor-
HB 221 (cs)-A bill to be entitled An act relating to legis-
lative planning; creating s. 11.133, Florida Statutes; providing
for members of the Legislature and representatives chosen by
the Governor to communicate legislative needs to the Florida
Congressional Delegation; providing for the appointment of
delegates; providing for designation of a chairman and duties;
providing for an annual meeting and a choice of location;
providing for compensation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 223-Withdrawn

HB 225-Withdrawn

By Representative Papy-
HB 226-A bill to be entitled An act relating to the Home
Improvement Sales and Finance Act; creating s. 520.745, Flor-
ida Statutes, providing that a home improvement contract is
void if, at the time of execution of the contract, certain per-
sons are in violation of the provisions of part IV of chapter
520, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.








JOURNAL OF THE HOUSE



By Representative Papy-
HB 227-A bill to be entitled An act relating to public
officers and employees; amending s. 111.07, Florida Statutes,
providing for the payment for legal services, by any agency
of the state or a political subdivision thereof, for its officers
or employees; providing conditions to such payment; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Hector-
HB 229-A bill to be entitled An act relating to the De-
partment of Business Regulation; adding subsection (13) to
s. 20.16, Florida Statutes, providing for the establishment of
uniform application and'license forms for each division within
the department; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Smith, Becker, Avon, and Price-
HB 231-A bill to be entitled An act relating to the criminal
law; amending section 775.021, Florida Statutes, 1974 Supple-
ment, relating to rules of construction; adding a new sub-
section (4) to provide that a person who violates two or more
criminal statutes during one criminal episode shall be sentenced
for each offense committed; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 232-Withdrawn

By Representatives Freeman, Dick Clark, Flynn, Margolis,
Bloom, Hector, Gordon, Gersten, Sheldon, Hill, and McKnight-

HB 233-A bill to be entitled An act relating to highways
and bridges; providing an appropriation for the purpose of
repairing and reconstructing the bridges in the Florida Keys
on U.S. Highway 1; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Foster-
HB 234-A bill to be entitled An act relating to process
and service of process; amending s. 48.031, Florida Statutes,
1975, requiring a person serving process to make reasonable
effort to serve the person to be served prior to leaving a copy
of process with certain other persons; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Foster-
HB 235-SF-A bill to be entitled A proposal relating to volun-
tary repossession of consumer goods.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

HB 236-Withdrawn

By Representative Poorbaugh-
HB 238-A bill to be entitled An act relating to residential
designers; providing definitions; creating the Florida State
Board of Residential Designers of the Division of Professions
of the Department of Professional and Occupational Regulation;
providing membership and terms; providing compensation and
per diem; providing for an official seal; providing powers
and duties; providing for the adoption of rules of professional
conduct; providing for selection of headquarters; providing for
the employment of an executive director; requiring resi-
dential designers to have certificates of registration; establish-
ing qualifications for residential designers and application and
registration fees therefore; providing for examination of appli-
cants; authorizing reciprocity; providing exemptions; providing



April 6, 1976



OF REPRESENTATIVES 29

for the revocation, suspension, and reissuance of certificates;
authorizing members of corporations and partnerships to prac-
tice residential design through a corporate name under a
certificate of authorization; providing fees therefore; requiring
the board to publish annually a list of registered residential
designers; providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By the Committee on Criminal Justice and Representatives
Avon and Price-
HB 241 (cs)-A bill to be entitled An act relating to bail;
creating s. 903.121, Florida Statutes; providing for the revoca-
tion of bail and the recommittal of any defendant who is
charged with the commission of a felony while on bail; repeal-
ing rule 3.130(i), Florida Rules of Criminal Procedure, relating
to bail after recommitment; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 242-Withdrawn

By Representative Fulford (by request)-
HB 243-A bill to be entitled An act relating to the sales
and use tax; adding paragraph (1) to subsection (7) of s. 212.-
08, Florida Statutes, 1974 Supplement, exempting from sales
tax articles of typography, artwork, photoengravings, com-
positions, lithographs, or electrotypes sold to a person en-
gaged in printing if such products are to be used in pro-
ducing certain materials for resale; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 244-Withdrawn

By Representatives Forbes, Gersten, Williamson, Flynn,
Becker, and Avon-
HB 246-A bill to be entitled An act relating to the elected
state officers class of the Florida retirement system; amend-
ing section 121.052(4)(a), Florida Statutes, to provide that the
state shall pay the entire contribution at the rate of sixteen
(16) percent of gross compensation per pay period for each
supreme court justice, district court of appeal judge, circuit
judge or county court judge who is a member of such class;
providing for a period of election for a justice or judge who
is not currently a member of such class; providing an effec-
tive date.

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

By Representative Wilson-
HB 247-A bill to be entitled An act relating to campaign
financing; amending s. 106.05, Florida Statutes, providing that
contributions totaling less than $100 received by a campaign
treasurer need not be deposited until the end of the 7th day
following receipt thereof; amending s. 106.07(1), Florida Stat-
utes, providing that after the 40th day preceding the election
a campaign treasurer need not file a weekly report of expend-
itures and contributions for any week during which there were
no contributions received nor expenditures made; providing
an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Richard and Gersten-
HB 248-A bill to be entitled An act relating to public
officers and employees; creating s. 111.08, Florida Statutes;
providing that public officers and employees benefiting finan-
cially from malfeasance shall be liable for treble damages;
providing that persons participating with public officers and








JOURNAL OF THE HOUSE OF REPRESENTATIVES



employees in acts of malfeasance and benefiting financially
therefrom shall be liable for treble damages; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By the Committee on Judiciary and Representatives Richard,
Fontana, and Lockward-
HB 249 (cs)-A bill to be entitled An act relating to towing
of motor vehicles; creating sections 713.78 and 715.07, Flor-
ida Statutes; providing for removal of motor vehicles from
private property; providing conditions for such removal with-
out liability; establishing liability for improper removal; estab-
lishing liens for towing and storage of motor vehicles; establish-
ing immunity from liability for towing and storage under cer-
tain conditions; providing for enforcement; providing an effec-
tive date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Melvin-
HB 250-A bill to be entitled An act for the relief of Philip
McMahill; providing an appropriation to compensate him for
injuries sustained while playing soccer for Okaloosa-Walton
Community College; providing an.effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representatives Davis and Richard-
HJR 253-A joint resolution .proposing an amendment to
Section 5 of Article IV of the State Constitution relating to
the cabinet.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Morgan (by request)-
HB 254-A bill to be entitled An act for the relief of Cheryl
Ferguson for damages sustained as a result of a defective
manhole cover on a street under the responsibility of the De-
partment of Transportation; providing an appropriation; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Forbes-
HB 257-A bill to be entitled An act relating to state
banks; creating s. 659.171, Florida Statutes, requiring state
banks to make available a percentage of their unimpaired
capital and surplus for loans to students who qualify under
the federally insured student loan program; requiring an
annual report to the Department of Banking and Finance; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Forbes-
HB 258-A bill to be entitled An act relating to nonprofit
dental service corporations; creating Part III of chapter 637,
Florida Statutes, authorizing the creation of nonprofit dental
service corporations, deemed charitable and benevolent insti-
tutions by this act, under the supervision of the Department
of Insurance; providing for the incorporation of such dental
service plans; providing that contracts between such corpora-
tions and subscribers are subject to approval by the depart-
ment; providing that such corporations be licensed and regu-
lated by the department; providing that acquisition costs with
regard to the solicitation of subscribers are subject to approval
of the department; providing that funds of dental service
corporations may be invested in specified securities; providing
a review procedure with regard to disputes between dentists
and dental service corporations; providing for the dissolution
of dental service corporations; providing for revocation of
licenses; providing that corporations licensed hereunder shall



be exempt from certain taxes and license fees; providing for
the disposition of dental service corporations in existence be-
fore the passage of this act; providing penalties; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce, Finance & Taxation, and Appropriations.

By Representative Rude-
HB 260-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending s. 339.08(2), Florida Stat-
utes, requiring the Department of Transportation to provide
by regulation for the allocation of the proceeds from the first
gas tax to counties according to need; requiring preference to
be given counties which have sought to meet their needs
through local funding; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Kutun-
HB 264-A bill to be entitled An act for the relief of Jackie
Ecker Williams for losses incurred as a result of his wrongful
imprisonment by the state for a crime he did not commit.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Avon (by request)-
HB 265-A bill to be entitled An act for the relief of the
City of Wilton Manors, Broward County; prohibiting the state
from pursuing a claim against the City of Wilton Manors
for state moneys distributed by the trustees of the municipal
police retirement trust fund to the municipal police officers
in reliance upon the assurances of a state officer that it was
proper to make the disbursement; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Hagan-
HB 266-A bill to be entitled An act relating to the Florida
National Guard; authorizing a 50 percent reimbursement of
student registration and tuition fees for certain eligible Na-
tional Guardsmen; providing qualifications; providing proce-
dure for application; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative T. Lewis-
HB 272-A bill to be entitled An act for the relief of Mar-
garet Case of Palm Beach County; providing an appropriation
to compensate her for losses sustained by injury resulting
from a fall caused by debris carelessly left by state employees
on state property; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Rude-
HB 275-A bill to be entitled An act establishing the Florida
recreational trails system; providing for a network of recrea-
tional trails to be used for hiking, bicycling, canoeing, horse-
back riding and motorbiking; providing for recreational trails
to interconnect units of the state parks system; providing for
the multiple use of public rights-of-way; designating the
establishment and maintenance of recreational trails as a
public purpose; providing definitions; providing for the Divi-
sion of Recreation and Parks of the Department of Natural
Resources to acquire land pursuant to the provisions of chap-
ter 375, Florida Statutes; authorizing the transfer of recrea-
tional trails to local governmental agencies if they agree to
maintain such trails; providing for the establishment of a
Florida Recreational Trails Advisory Council to advise the
Division of Recreation and Parks on matters concerning the
Florida recreational trails system; providing for the coordina-
tion of the activities of all governmental bodies or private



30



April 6, 1976









JOURNAL OF THE HOUSE



organizations who desire to participate in the operation and
development of the recreational trails; requiring certain local
units of government to prepare local trail plans and operate
and maintain local trails; providing general regulations; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Haben-
HB 276-A bill to be entitled An act for the relief of
Jimmy Carl Smith for injuries received as a result of the
negligence of the state; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Melvin-
HB 277-A bill to be entitled An act for the relief of Jean
Hubbird, widow of Joseph William Hubbird, and Joseph William
Hubbird, Jr., Rejeania Hubbird and Candis Hubbird, minors;
providing an appropriation to compensate them for the death
of Joseph William Hubbird; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Nelson and Mann-
HB 279-A bill to be entitled An act relating to the Public
Service Commission; amending s. 350.01, Florida Statutes, to
increase the number of public service commissioners from
three to five; providing for election of the two new members
in the general election of November 1976; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Growth & Energy, Governmental Operations, and
Appropriations.

HJR 280 (cs)-Withdrawn

By Representatives Steinberg, Margolis, and Moore-
HB 282-A bill to be entitled An act relating to residential
buildings; providing that all new residential buildings at least
60 feet or six stories in height shall contain an auxiliary power
generator; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Richard-
HB 283-A bill to be entitled An act relating to law en-
forcement officers; creating s. 111.08, Florida Statutes; pro-
viding for immunity of law enforcement officers from liability
for damages resulting from good faith attempts to halt the
commission of apparent crimes, apprehend apparent perpe-
trators of crimes, or aid apparent victims of crimes; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Cherry-
HB 284-A bill to be entitled An act relating to rape vic-
tims; providing legislative intent; providing definitions; re-
quiring the Department of Health and Rehabilitative Services
to formulate and effect a plan for the care and treatment of
rape victims along specified lines; authorizing the department
to designate facilities for said treatment and to contract for
facilities with other governmental or private agencies; provid-
ing that information received on rape victims by authorized
persons employed at treatment resources shall be confidential;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.



April 6, 1976



OF REPRESENTATIVES 31

By Representative J. W. Robinson-
HB 288-A bill to be entitled An act relating to public
utilities; amending s. 366.02, Florida Statutes, to provide for
regulation and supervision by the Florida Public Service Com-
mission of municipal and county owned utilities that are
serving customers beyond their legal boundaries; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Growth & Energy and Appropriations.

HB 295-Withdrawn

By Representative Hutto-
HB 296-A bill to be entitled An act relating to homestead
exemption; amending s. 196.081(1), Florida Statutes, deleting
the listing of specified disabilities from provisions which
exempt from taxation the homestead property of certain total-
ly and permanently disabled veterans; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Melvin-
HB 298-A bill to be entitled An act relating to elections;
adding subsection (5) to s. 106.10, Florida Statutes, 1974 Sup-
plement, to prohibit candidates and political committees, or rep-
resentatives thereof, from purchasing advertising in certain
newspapers or publications; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 299-Withdrawn

HB 302 (cs)-Withdrawn

By Representative Fulford-
HB 306-A bill to be entitled An act relating to universities;
amending s. 239.012(1), Florida Statutes; authorizing establish-
ment of a 2-year upper level college in Dade County; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Papy-
HB 307-A bill to be entitled An act relating to health
care services; requiring hospitals or nursing homes to furnish
copies of records; providing for a reasonable charge for pay-
ment therefore; providing for examination of certain records;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Finance &
Taxation.

HB 309-Withdrawn

By Representatives Steinberg, Bell, Margolis, Moore, Mc-
Knight, Becker, Lehman, Considine, Rude, Dyer, Poole, Mc-
Pherson, and Adams-
HB 311-A bill to be entitled An act relating to condo-
miniums and cooperative apartments; creating s. 711.631, Flor-
ida Statutes, regulating leases of recreational facilities or
other commonly used areas in condominium and cooperative
apartment developments between developers and condominium
or cooperative apartment associations which are a mandatory
condition of ownership of units in the condominium or cooper-
ative apartment; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Judiciary and Representatives Fontana,
Nergard, and Mann-
HB 312 (cs)-A bill to be entitled An act relating to
courts; amending s. 40.24, Florida Statutes, providing an in-








32 JOURNAL OF THE HOUSE

crease in pay of jurors; amending s. 90.14, Florida Statutes,
providing an increase in pay and travel expenses of wit-
nesses; amending s. 90.141, Florida Statutes, relating to mileage
allowances for law enforcement officers who travel in privately-
owned vehicles to testify as official witnesses; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 315-Withdrawn

By Representatives Barrett and Belanger-
HB 316-A bill to be entitled An act relating to homestead
exemption; amending s. 196.081, Florida Statutes, providing an
exemption for certain disabled veterans from taxation on
homestead property in a percentage amount equal to the per-
cent of their disability; requiring a letter from the United
States Government or the United States Veterans' Adminis-
tration certifying the percent of disability for certain purposes;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Judiciary and Representatives Margolis
and Lehman-
HB 317 (cs)-A bill to be entitled An act relating to
landlords and tenants; creating s. 83.561, Florida Statutes, pro-
hibiting landlords from discriminating against tenants by rais-
ing rent, decreasing service, or threatening to bring certain
actions due to certain circumstances; amending s. 83.60(2), Flor-
ida Statutes, relating to actions for possession wherein the
tenant pleads the provisions of this act; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Eckhart-
HJR 318-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution to authorize
an increase in the homestead exemption to $10,000 for all
homeowners.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Bell (by request)-
HB 319-A bill to be entitled An act relating to motor
vehicle licenses; amending s. 320.089(1) and (2), Florida Stat-
utes, 1974 Supplement, authorizing the issuance of special "Na-
tional Guard" license plates for trucks weighing less than
2,000 pounds; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Hazelton-
HB 321-A bill to be entitled An act relating to accessories
to crime; amending s. 777.03, Florida Statutes, as renumbered,
requiring the person accused of being an accessory after the
fact to prove that he bears a certain relationship to the person
aided by him so as to be exempt from prosecution; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Hazelton-
HB 322-A bill to be entitled An act relating to the Depart-
ment of Insurance; creating the Motor Vehicle Physical
Damage Appraiser Act; providing definitions; requiring ap-
praisers to be licensed and to take an examination and pay a
fee for said license; providing qualifications; establishing a
board of examiners; providing that licenses shall be good for
1 year and may be renewed by the department; providing for
the denial, suspension, revocation, or refusal to renew a
license by the department and providing grounds therefore;



!]



E OF REPRESENTATIVES April 6, 1976

allowing certain appraisers who have been engaged in ap-
praisal for 2 years prior to the effective date of this act to
be licensed without examination, upon the payment of the
license fee; requiring license holders to display licenses under
certain circumstances; providing a penalty; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Commerce, Finance & Taxation, and Appropriations.

HJR 323-Withdrawn

By Representatives Rish, Moore, and Nuckolls-
HJR 324-A joint resolution proposing an amendment to
Section 8 of Article III of the State Constitution relating to
when the legislature takes up the governor's veto messages.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Rish-
HB 325-A bill to be entitled An act relating to drivers'
license reexamination fees; amending s. 322.121(2), Florida
Statutes, 1975, providing that fees for first reexaminations shall
cover the cost of certain subsequent reexaminations; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representatives Forbes and Avon-
HB 328-A bill to be entitled An act relating to motor ve-
hicles; amending s. 316.003(2), (21), and (23), Florida Statutes;
including within the definition of bicycle and excluding from
the definition of motor vehicle or motor-driven cycle any bi-
cycle propelled by a helper motor rated at not more than 1%
brake horsepower which produces ordinary pedaling speeds
not in excess of 25 miles per hour; amending s. 320.01(1)(a),
Florida Statutes, 1975, and s. 324.021(1), Florida Statutes;
excluding said vehicles from the definition of "motor vehicle"
for purposes of the title registration and financial responsibility
chapters, respectively; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Finance & Taxation and Representa-
tive Coolman-
HB 330 (cs)-A bill to be entitled An act relating to law
enforcement officers; amending s. 112.19(2)(a), Florida Stat-
utes, relating to eligibility of law enforcement officers for
death benefits, extending from 180 days to 1 year the speci-
fied period within which death must occur after an injury
is received; providing for purchase of insurance through the
Department of General Services by any governmental entity;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

HB 331-Withdrawn

By Representative McCall-
HJR 333-A joint resolution proposing an amendment to
Section 3 of Article III of the State Constitution relating to
the legislature.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 337-Withdrawn

By Representative Skinner-
HB 338-A bill to be entitled An act for the relief of Robert
C. Sanderson and his wife, Linda Marie Sanderson; providing
an appropriation to compensate them for the death of their








JOURNAL OF THE HOUSE



minor child, Stephanie Marie Sanderson, in an accident caused
by the negligence of the Department of Transportation; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Skinner-
HB 339-A bill to be entitled An act for the relief of Floree
Marie Williams; providing an appropriation to compensate her
for injuries caused by the negligence of the Department of
Transportation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By the Committee on Commerce and Representative Max-
well-
HB 340 (cs)-A bill to be entitled An act relating to labor;
amending s. 447.605, Florida Statutes, 1974 Supplement, clari-
fying the requirements of the Government in the Sunshine Law
as it applies to collective bargaining negotiations; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 341 (cs)-Withdrawn

By Representatives Sackett, Skinner, Tolton, and Rude-
HB 342-A bill to be entitled An act relating to rail pas-
senger service; directing the Department of Transportation to
request the National Railroad Passenger Corporation to rein-
stitute rail passenger service between Jacksonville, Florida,
and New Orleans, Louisiana; authorizing the department to
reimburse the corporation for at least two-thirds of the losses
associated with such service; providing an appropriation; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By the Committee on Education and Representatives Young,
Martin, and Tucker-
HB 344 (cs)-A bill to be entitled An act relating to the
State University System; amending s. 240.062, Florida Stat-
utes, and s. 240.052(1), Florida Statutes, 1974 Supplement; pro-
viding a procedure for the approval of registration and tuition
fees by the Legislature; providing that such fees so approved
shall remain in effect until amendments thereto are approved;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Campbell, Becker, Healey, and Coolman-
HJR 347-A joint resolution proposing an amendment to
Section 7 of Article X of the State Constitution relating to
lotteries.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representative Foster-
HB 348-A bill to be entitled An act relating to railroads;
creating s. 351.055, Florida Statutes, requiring that all railroad
locomotives, except those powered by steam or used exclu-
sively in yard service, be equipped with speedometers; pro-
viding a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Young-
HB 349-A bill to be entitled An act relating to municipali-
ties; amending s. 166.231(4), Florida Statutes, requiring, in-
stead of permitting, municipalities to exempt from the public



April 6, 1976



OF REPRESENTATIVES 33

service tax the purchase of certain public services by the
United States Government, the state, or any other public body;
providing for retroactive effect; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs, Finance & Taxation, and Ap-
propriations.

By Representative Melvin-
HB 350-A bill to be entitled An act relating to collective
bargaining; amending s. 447.301(2), Florida Statutes, 1974 Sup-
plement, excluding provisions relating to retirement from the
content of collective negotiations and providing that public
employees have the right to be represented in certain matters;
amending s. 447.309(5), Florida Statutes, 1974 Supplement, pro-
viding that collective bargaining agreements shall not contain
terms and conditions relating to retirement; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Coolman-
HB 352-A bill to be entitled An act relating to education;
creating s. 233.0671, Florida Statutes; establishing a personal
safety program to be taught in public elementary, junior high,
and senior high schools; placing the program under the ad-
ministration of the Department of Education in conjunction
with the Department of Health and Rehabilitative Services, in
accordance with the provisions of the Comprehensive Health
Education Act of 1973; stating intent and purpose of the pro-
gram; providing for implementation of the program; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By the Committee on Finance & Taxation and Representative
Coolman-
HB 353 (cs)-A bill to be entitled An act relating to firemen;
amending s. 112.191(2)(a), Florida Statutes, relating to eligi-
bility of firemen for death benefits, extending from 180 days
to one year the specified period within which death must
occur after an injury is received; providing for purchase of in-
surance through the Department of General Services by any
governmental entity; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Regulated Industries & Licensing and
Representatives Rude, Tucker, T. Lewis, Dick Clark, and
Smith-
HB 354 (cs)-A bill to be entitled An act relating to the
practice of acupuncture; prohibiting the practice of acupuncture
by any person not specifically authorized as provided in this
act; creating ss. 458.25, 459.25, 460.45, 461.25, 462.25, 466.65,
and 474.50, Florida Statutes, authorizing physicians, physician's
acupuncture assistants under supervision, osteopathic physicians,
osteopathic physician's acupuncture assistants under supervision,
chiropractic physicians, podiatrists, naturopaths, dentists, and
veterinarians, licensed to practice in this state, to practice
acupuncture pursuant to their individual practices, upon certifi-
cation therefore by their respective professional licensing boards;
providing for regulation of the practice of acupuncture by the
State Board of Medical Examiners, the State Board of Osteo-
pathic Medical Examiners, the Florida State Board of Chiroprac-
tic Examiners, the Board of Podiatry Examiners, State Board of
Naturopathic Examiners, the Florida State Board of Dentistry,
and the Florida State Board of Veterinary Medicine, respec-
tively; providing definitions; providing for qualifications and
fees for certification; providing for denial, suspension, revoca-
tion, and renewal of certificates; providing procedures and fees
pursuant to failure to renew; requiring diagnostic examination
and informed consent in certain cases; creating s. 20.30(13),
Florida Statutes, establishing an advisory committee and pro-
viding membership, qualifications, terms, and functions; grand-
fathering in certain persons; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.








34 JOURNAL OF THE HOUSE

By Representative Rish-
HB 356-A bill to be entitled An act relating to motor vehicle
licenses; adding paragraph (f) to s. 320.08(2), Florida Stat-
utes, 1975, providing for the issuance, upon payment of a
$10 fee, of license plates to persons 65 years of age or older,
or to persons permanently disabled, who have taxable incomes
of $10,000 or less; limiting the number of plates available to
any one "family" as defined by this act; prohibiting partial
year license taxes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representatives Hutto, Harrington, Maxwell, and Davis-
HB 357-A bill to be entitled An act relating to the retire-
ment system for school teachers; amending s. 238.07(16) (b),
Florida Statutes, to increase benefits for certain widows and
widowers of school teachers; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Hutto-
HB 358-A bill to be entitled An act relating to landlord
and tenant; amending s. 83.49(3)(b), Florida Statutes; requir-
ing the balance of a tenant's security deposit to be refunded
within 30 days after the landlord's notice of intention to im-
pose a damage claim, when the tenant fails to timely object
to such claim; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Education and Representative Forbes-
HB 360 (cs)-A bill to be entitled An act relating to the
Student Loan Trust Fund; amending s. 239.715, Florida Statutes,
making students at private vocational schools licensed by the
State Board of Independent, Post-Secondary, Vocational, Tech-
nical, Trade and Business Schools eligible for loans; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Campbell, Barrett, Hazouri, Coolman,
Kiser, Pajcic, Neal, Papy, Boyd, Becker, McPherson, Maxwell,
Richard, Healey, Hagler, G. C. Robinson, Gordon, Nergard,
Harrington, Gersten, Hazelton, Sheldon, Batchelor, Grizzle,
Moore, Skinner, Poole, Fechtel, Bloom, Gallagher, and Adams-
HB 362-A bill to be entitled An act relating to dispensing
opticians; amending s. 484.06, Florida Statutes, relating to un-
lawful advertising, to permit the offering of discounts and the
advertising of price or credit terms; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Hawkins, Belanger, Avon, Becker, and
Lehman-
HJR 364-A joint resolution proposing an amendment to
Section 7 of Article X of the State Constitution relating to
lotteries.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Papy, Becker, and Lehman-
HB 366-A bill to be entitled An act relating to insurers
writing disability insurance; creating s. 627.6025 and s. 627.6575,
Florida Statutes; providing that such insurers be required to
extend the same coverages to policyholders for both inpatient
and outpatient care, except psychological and psychiatric care
and services; providing that the determination of whether or
not a patient shall be treated as an inpatient or as an outpa-
tient shall lie solely within the discretion of the attending
physician; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.



]



E OF REPRESENTATIVES April 6, 1976

By Representatives J. R. Clark, James, Tucker, T. Lewis,
Hutto, Harrington, Young, Fortune, Peaden, Bloom, Rish, and
Davis-
HB 368-A bill to be entitled An act relating to retirement;
amending s. 121.021(29)(b), Florida Statutes, providing that
any member of the Florida Retirement System may retire with
full benefits after 30 years of creditable service; adding a
new subsection (9) to s. 122.08, Florida Statutes, providing that
any member of the State and County Officers and Employees
Retirement System may retire with full benefits after 30 years
of creditable service; adding subsection (18) to s. 238.07, Flor-
ida Statutes, providing that any member of the Teachers' Re-
tirement System may retire with full benefits after 30 years
of creditable service; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

THE SPEAKER PRO TEMPORE IN THE CHAIR

By Representatives James, Considine, Healey, Hazelton, and
T. Lewis-
HB 369-A bill to be entitled An act for the relief of the
City of Lake Worth, Palm Beach County; providing for re-
imbursement for the construction of an ocean outfall in re-
liance on approval by the State Board of Health; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representatives Williamson, Richmond, Nuckolls, Smith,
and Harrington-
HB 370-A bill to be entitled An act relating to mortgages;
adding subsection (3) to s. 697.01, Florida Statutes, defining
the term "purchase-money mortgage"; creating s. 697.06, Flor-
ida Statutes, providing that mortgagors may prepay mortgages
without penalty when the mortgage note is silent with respect
to prepayment; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Williamson, Richmond, Nuckolls, Smith,
and Harrington-
HB 371-A bill to be entitled An act relating to mortgages,
liens, and judgments; creating s. 701.045, Florida Statutes, re-
quiring persons entitled to payment of money upon a mortgage
note, lien, or judgment to divulge, within a certain time period,
the amount owed upon written request from the debtor; pro-
viding civil liability for failure to comply; providing an effec-
tive date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives James and Moore-
HB 372-A bill to be entitled An act relating to condo-
miniums; amending s. 711.11(2)(g), Florida Statutes, 1974
Supplement, providing that condominium bylaws shall provide
that assessments shall be made against unit owners on a
monthly, bimonthly, or quarterly basis; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Papy-
HB 373-A bill to be entitled An act relating to health care
service programs; amending s. 641.19(2) Florida Statutes, and
adding subsections (9)-(11), redefining "health maintenance
organization" and providing other definitions; creating s. 641.-
195, Florida Statutes, making certain provisions relating to
health maintenance organizations applicable to health care
clinics; amending s. 641.21, Florida Statutes; exempting certain
insurers and fraternal benefit societies from the provisions of
part II of chapter 641, Florida Statutes; requiring applicants
for a certificate of authority to provide evidence of liability
and medical malpractice insurance; creating s. 641.215, Florida
Statutes, requiring approval by the Department of Insurance








JOURNAL OF THE HOUSE



of any transfer of more than 10 percent of the stock or own-
ership interest of a health maintenance organization; amend-
ing s. 641.22(2), Florida Statutes, and adding subsections (7)
and (8); requiring a health maintenance organization to dem-
onstrate to the Department of Insurance that it has certain
working capital and to post a surety bond for issuance of a
certificate of authority; exempting health care clinics from
such working capital and bond requirements, but requiring a
showing of sufficiency of working capital; providing con-
tractual liability of a health maintenance organization to a
hospital for services rendered to a subscriber; prohibiting the
Department of Insurance from granting a certificate of author-
ity to certain persons; requiring the posting of a blanket fi-
delity bond; authorizing insurance agents to make certain repre-
sentations; adding subsection (6) to s. 641.23, Florida Statutes,
authorizing the Department of Insurance to revoke a certificate
for failure of an organization to post the required bond;
amending s. 641.26, Florida Statutes, requiring the annual re-
port of a health maintenance organization to be signed under
oath by its officers; amending s. 641.27, Florida Statutes, speci-
fying health maintenance organization records which the De-
partment of Insurance and the Department of Health and
Rehabilitative Services are and are not authorized to examine;
providing for examination of medical records by outside peer
groups; providing for the depositing of examination fees, to
be paid by the health maintenance organizations, in the In-
surance Commissioner's Regulatory Trust Fund; providing for
investigation of complaints; amending s. 641.29, Florida Stat-
utes, providing that application fees for a certificate of author-
ity are nonrefundable; adding subsection (3) to s. 641.30,
Florida Statutes, authorizing insurers, hospitals, and medical
service plans to provide insurance for health maintenance or-
ganizations; amending s. 641.33(2), Florida Statutes, pro-
hibiting an unauthorized person, entity, or health care plan
from implying that it is a health maintenance organization;
amending s. 641.37, Florida Statutes, increasing the penalty
for violations of part II of chapter 641, Florida Statutes, and
providing injunctive relief; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce, Finance & Taxation, and Appropriations.

By Representative Hazouri (by request)-
HB 374-A bill to be entitled An act relating to special
license tags; amending s. 320.083(1), Florida Statutes, providing
that those call letters assigned by the Armed Services of the
United States may be used as a prefix to the official call
letters on the license plate issued to amateur radio operators;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Hazouri-
HB 375-A bill to be entitled An act relating to motor ve-
hicle registration certificates; amending s. 320.06(1), F. S., 1975,
requiring the Department of Highway Safety and Motor Vehi-
cles to issue two registration certificates to each applicant upon
registration or renewal; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 377-Withdrawn

MS. DAVIS IN THE CHAIR

By Representative Campbell-
HJR 378-A joint resolution proposing an amendment to
Section 7 of Article X of the State Constitution relating to
lotteries.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representatives Melvin, Morgan, Mixson, Nuckolls, and
Martin-



April 6, 1976



HB 384-A bill to be entitled An act relating to the state -was read the first time by title and referred to the Com-
career service system; adding a new paragraph (e) to sub- mittee on Appropriations.



E OF REPRESENTATIVES 35

section (1) of s. 110.022(1), Florida Statutes, and amending
paragraphs (b), (c), and (d) of said subsection, eliminating
geographical pay differential rates and grandfathering in per-
sons currently receiving such rates; authorizing shift differen-
tial pay rates for all state positions which are regularly as-
signed an evening or night shift; providing for the establish-
ment and maintenance of longevity pay increases for certain
persons; providing for a program of uniform cost-of-living in-
creases; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Melvin-
HB 385-A bill to be entitled An act relating to veterans;
amending s. 464.111, Florida Statutes, 1975, and ss. 466.37,
486.102, and 491.06, all Florida Statutes, to provide for quali-
fications for examinations and licensing of certain armed forces
health technicians as licensed practical nurse, dental hygienist,
physical therapist assistant, and sanitarian; providing for the
keeping of records, for rules, and annual reports to the legis-
lature; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Military & Veterans Affairs, Regulated Industries
& Licensing, and Appropriations.

By Representative Davis-
HB 387-A bill to be entitled An act relating to the Depart-
ment of Banking and Finance; amending s. 20.12, Florida Stat-
utes, renaming the department as the Department of Banking;
changing the head of the department from the comptroller
to an appointed secretary of banking; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Davis-
HB 388-A bill to be entitled An act relating to the Depart-
ment of Insurance; amending s. 20.13, Florida Statutes;
changing the head of the department from the treasurer to an
appointed secretary of insurance; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Rude-
HB 392-A bill to be entitled An act relating to motor
carriers; amending ss. 323.01(10) and 323.14, Florida Statutes;
deleting the requirement that prohibits the Public Service Com-
mission from granting charter rights except in conjunction
with the grant of regular route certificates to motor common
carriers of passengers; deleting the nonseverability provision
relating to charter rights; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives Rude and Price-
HB 394-A bill to be entitled An act relating to defamation;
creating s. 836.041, Florida Statutes, establishing a criminal
penalty for the defamation of a law enforcement officer; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Nelson, Mann, Hazouri, Gersten, Mc-
Knight, Batchelor, and Moore-
HB 395-A bill to be entitled An act relating to the Board
of Regents; amending s. 240.011(1), Florida Statutes; providing
for an additional member of the board who shall be a full-time
student in the state university system; providing procedures
for appointing said member for a 1-year term; providing an
effective date.








JOURNAL OF THE HOUSE



HB 396-Withdrawn

By Representative Wilson-
HB 397-A bill to be entitled An act relating to law en-
forcement; amending s. 943.25(5), Florida Statutes, 1974 Sup-
plement, providing that municipalities and counties may assess
$1 against persons against whom a civil penalty has been im-
posed following an admission or finding that such person com-
mitted a traffic infraction under s. 318.14, Florida Statutes,
1974 Supplement; providing an exception; providing that $1
from every bond forfeited under s. 318.14(4), Florida Statutes,
1974 Supplement, be transferred to the municipality or county;
providing that all such funds collected shall be used for law
enforcement education of 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.

By Representatives Gallagher, Gersten, and Eckhart-
HB 400-A bill to be entitled An act for the relief of the
City of Coral Gables, Dade County; providing an appropriation
to compensate the City for its loss of revenue sustained by
overpayment of motor vehicle license taxes on city buses; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

HB 401-Withdrawn

By Representative Avon-
HB 402-A bill to be entitled An act for the relief of Marlea
Downey; providing an appropriation to compensate her for
the loss of her husband and for injuries sustained as the
result of the negligence of the Department of Transportation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Forbes-
HB 405-A bill to be entitled An act relating to drivers'
licenses; amending s. 322.28(2)(a) and (e), Florida Statutes,
1974 Supplement, as amended, to allow the issuance of a tem-
porary driver's permit regardless of the number of previous
convictions for driving while under the influence; providing for
periodic renewals of a temporary permit until driving privileges
"are restored; amending s. 322.282(2), Florida Statutes, 1974
Supplement, as amended, to allow the issuance of a temporary
driver's permit on a restricted basis regardless of previous
convictions for driving while intoxicated; repealing s. 322.25(7),
Florida Statutes, relating to the issuance of a court order for
reinstatement of driving privileges on a temporary basis when
a driver has been convicted of a first offense for driving
while under the influence of alcoholic beverages, model glue,
or controlled substances; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives Harrington, Gersten, J. W. Robinson,
Hector, Cherry, Hill, Fontana, Dick Clark, Melvin, Tolton, and
Forbes-
HB 406-A bill to be entitled An act relating to consumer
protection; amending s. 501.135(5)(c) and (6), Florida Statutes,
to delete the provision that compliance with the requirements
of the Consumer Unit Pricing Act is voluntary and to exempt
certain retail sellers from such requirements; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Kiser and James-
HB 407-A bill to be entitled An act relating to the executive
branch of government; creating an Executive Department Re-
vision Commission to recommend revision of Article IV of the
State Constitution, relating to the executive departments, with



OF REPRESENTATIVES April 6, 1976

respect to the election or appointment of members of the
cabinet; providing the membership and duties of the commis-
sion; providing for hearings; requiring submission of recom-
mendations to the Legislature; providing per diem; providing
an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

HB 408-Withdrawn

By Representative Young-
HB 409-A bill to be entitled An act relating to energy;
providing legislative findings and intent; granting emergency
powers to the governor; providing for creation of Fuel Emer-
gency Council; providing membership, powers, and duties; pro-
viding compensation; providing for public hearings; providing
an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Growth & Energy and Appropriations.

By Representative Young-
HB 410-A bill to be entitled An act relating to taxation;
adding subsection (19) to s. 212.02, Florida Statutes, and adding
paragraph (o) to subsection (1) of s. 220.03, Florida Statutes,
1974 Supplement, defining the term "solar energy systems";
adding a new subsection (10) to s. 212.08, Florida Statutes, 1974
Supplement, exempting certain sales involving solar energy
systems from the sales and use tax; amending s. 220.12(1),
Florida Statutes, and creating s. 220.145, Florida Statutes,
exempting income derived from the manufacture and sale of
solar energy systems from taxation under the corporate in-
come tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Young-
HB 411-A bill to be entitled An act relating to transporta-
tion; providing for the Department of Transportation to study
and identify alternatives that would increase the efficiency of
energy utilization within the transportation sector and to de-
velop an integrated transportation system for the state; re-
quiring the department to make a preliminary report to the
governor and legislature; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Young-
HB 412-A bill to be entitled An act relating to energy
conservation; authorizing the Department of Agriculture and
Consumer Services to promulgate rules requiring labeling of
energy costs of appliances; providing injunctive relief; requir-
ing an applicability date; providing penalties; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropria-
tions.

By Representative Clem-
HB 413-SF-A bill to be entitled A proposal relating to
various state agencies (property appraisers, tax collectors,
sheriffs) who budget on the local level.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representatives Maxwell and Watson-
HB 418-A bill to be entitled An act relating to Florida
public school finance; amending s. 236.081(1)(c), Florida Stat-
utes, 1975, providing a method for the determination of the
cost factor for basic programs in grade 12; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.








JOURNAL OF THE HOUSE



By Representatives Moore, Skinner, Hazouri, Considine,
Richard, Coolman, Pajcic, Bloom, Sheldon, Steinberg, Mann,
Barrett, Hieber, McKnight, Davis, Margolis, Becker, Wilson,
Kutun, Campbell, Batchelor, Kiser, Moffitt, Morgan, Knopke,
J. W. Robinson, Healey, Grizzle, and Gersten-
HB 419-A bill to be entitled An act relating to the Environ-
mental Protection Act of 1971; creating part VI of chapter 403,
Florida Statutes; redesignating s. 403.412, Florida Statutes, as
s. 403.90, Florida Statutes, and amending said section to pro-
vide for either declaratory or equitable relief and to extend
the application of the act to the prevention of excessive and
unnecessary noise; providing for judicial procedure; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Health & Rehabilitative Services and
Representatives Langley and Burrall-
HB 420 (cs)-A bill to be entitled An act relating to the
payment of legal fees, costs and expenses of prisoners of state
correctional institutions; amending s. 57.091, Florida Statutes;
providing reimbursement to counties for certain fees, costs
and expenses paid on behalf of such prisoners; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Judiciary and Representatives Langley
and Richmond-
HB 421 (cs)-A bill to be entitled An act relating to the
payment of legal fees, costs, and expenses of persons who are
insolvent or indigent; amending s. 27.53(2) and (3), Florida
Statutes; authorizing payment of a fee and costs and expenses
to special assistant public defenders; amending s. 925.035(1),
(2), and (3), Florida Statutes, relating to authorization of
payment of a reasonable attorney fee to attorney other than
public defender who defends an insolvent person in a capital
case, removing certain limitations; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Langley-
HB 422-A bill to be entitled An act relating to service
officers for veterans; amending s. 292.08(1), Florida Statutes,
requiring the designation or employment of a county service
officer in each county; amending s. 292.11(1), Florida Statutes,
1974 Supplement, requiring the designation or employment of
a county service officer and authorizing persons who are not
wartime veterans to serve as a county service officer so long
as they comply with other requirements; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Langley-
HB 423-A bill to be entitled An act relating to environ-
mental land and water management; repealing s. 380.05, Flor-
ida Statutes, as amended, relating to areas of critical state con-
cern; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Growth & Energy and Appropriations.

By Representative Langley-
HB 424-A bill to be entitled An act relating to provisions
supplemental to criminal procedure law; repealing ss. 932.45
and 932.46, Florida Statutes, which provide for proceedings
on estreat of bond and for certificate of judge when the surety
fails to produce the bonded person; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Easley and Nuckolls-
HB 425-A bill to be entitled An act relating to motor ve-
hicle title certificates; amending s. 319.21(2), Florida Statutes,



April 6, 1976



OF REPRESENTATIVES 37

prohibiting the practice of updating motor vehicles for sale; de-
fining updating; providing an exception; providing an effec-
tive date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 426-Withdrawn

HB 427-Withdrawn

By Representative Rish-
HB 428-A bill to be entitled An act relating to insurance;
amending s. 627.4235(2), Florida Statutes, 1974 Supplement,
which prohibits insurers from reducing or refusing to pay
benefits under certain group hospital or medical policies or
plans on account of the existence of similar benefits under
other policies or plans, to remove the restriction that only
such reductions which operate to reduce the total benefits to
an amount below 100 percent of allowable expenses incurred
shall be prohibited; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

HB 432-Withdrawn

HB 433-Withdrawn

HB 434-Withdrawn

By the Committee on Agriculture & General Legislation and
Representatives Flynn, Fontana, and Lockward-
HB 438 (cs)-A bill to be entitled An act relating to the
regulation of irrigation wells; providing that the Division of
Plant Industry of the Department of Agriculture and Consumer
Services shall assist the Department of Environmental Regu-
lation in its duty to regulate the construction, repair, or aban-
donment of irrigation wells; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Flynn, Fontana, Lockward, Papy, Becker,
Sackett, Considine, Hector, Gersten, Richard, Morgan, Martin,
Gordon, Cherry, Nuckolls, and Davis-
HB 439-A bill to be entitled An act relating to county
court judges; amending s. 34.022(13), Florida Statutes; pro-
viding for three additional county court judgeships in Dade
County; providing an appropriation; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

HB 440-Withdrawn

By Representatives Dyer (by request) and Fontana-
HB 444-A bill to be entitled An act relating to motor car-
riers; repealing s. 323.051, Florida Statutes, which allows certain
motor carriers to receive as a matter of right a for hire permit
to transport for compensation road building and construction
aggregates between points within a single county; repealing
s. 323.031(4), (5), and (7), Florida Statutes, which provide
grandfather provisions for such motor carriers; creating s.
323.053, Florida Statutes, to require a certificate of public con-
venience and necessity for such single-county operations; pro-
viding for an annual road tax; providing that motor carriers
holding a for hire permit to conduct such single-county opera-
tions and actually conducting such operations on, before, and
after June 1, 1976, shall, upon application on or before Octo-
ber 31, 1976, be entitled to such certificate as a matter of right;
providing for applications, fees, notice, objections, and hearings;
exempting motor vehicles with a load capacity of 10 tons or
less; amending s. 323.031(1), Florida Statutes, relating to cer-
tificates of convenience for bulk hauling of road construction
aggregates, to conform to this act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



HB 445-Withdrawn

By Representative Wilson-
HB 446-A bill to be entitled An act relating to public
agencies; restricting the authority of public agencies to adopt
or implement an identification system based upon the social
security numbering system; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Young-
HB 447-A bill to be entitled An act relating to the tax on
sales, use, and other transactions; adding paragraph (1) to
subsection (7) of s. 212.08, Florida Statutes, 1974 Supplement;
exempting from the sales and use tax the sale of solar water
heaters and other appliances powered by solar energy; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Growth & Energy, Finance & Taxation, and Appro-
priations.

By Representatives Young and McKnight-
HB 449-A bill to be entitled An act relating to educational
scholarship loans; creating s. 239.661, Florida Statutes; creating
a Cuban Lawyer Financial Aid Trust Fund to be administered
by the Department of Education to provide financial aid to
Cuban lawyers who are students in a law program approved
by the Supreme Court; providing procedures; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education, Finance & Taxation, and Appropriations.

By Representative Williamson-
HB 450-A bill to be entitled An act relating to the district
school system; amending s. 230.23(9)(d), Florida Statutes, re-
moving provisions which prohibit the suggestion of the exist-
ence of any liability insurance carried by a school board in
the trial of any action against a school board; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Foster-
HB 452-A bill to be entitled An act relating to the trans-
portation of school children; creating s. 234.112, Florida Stat-
utes, requiring the Department of Transportation in coopera-
tion with district school boards to establish permanent bus
stops outside of municipal limits and to place warning signs
at such bus stops; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Finance & Taxation and Representative
Boyd-
HB 454 (cs)-A bill to be entitled An act relating to
ad valorem tax exemptions; amending s. 196.012(10), Florida
Statutes, 1974 Supplement, relating to the definition of "totally
and permanently disabled persons," to authorize, for tax
exemption purposes, certification of such disability by one
licensed physician; providing the form of such certification;
providing that an affidavit certifying entitlement to exemption
shall be annually filed by the totally 'and permanently dis-
abled person with the property appraiser; providing notice to
taxpayer thereof; providing notice of penalty for giving false
information; requiring the Department of Revenue to furnish
forms; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Education and Representative Hodes-
HB 455 (cs)-A bill to be entitled An act relating to
institutions of higher learning; amending s. 241.731(1), Florida



Statutes, relating to evaluation of faculty members; providing
for the assignment of duties to faculty members at the be-
ginning of each academic year or term; providing that assign-
ments shall be made after consultation with the faculty mem-
ber; providing that changes in assignment during the academic
term must be made upon consultation with the faculty mem-
ber; providing that any change shall be in writing; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives J. W. Robinson, Maxwell, and Mann-
HB 456-A bill to be entitled An act relating to education;
authorizing the district school boards to allow the substitution
of a unit of reserve officer training in place of a unit of
physical education; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By the Committee on Transportation-
HB 460-A bill to be entitled An act relating to transporta-
tion; amending s. 334.2105, Florida Statutes, revising the
Working Capital Trust Fund to provide centralized financing
and cost controls for general services necessary to operate
the department; providing for deposit of the necessary equip-
ment and funds in the Working Capital Trust Fund; providing
for payment of interest on funds advanced to the Working
Capital Trust Fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Regulated Industries & Licensing and
Representatives Dick Clark, Tucker, Coolman, McKnight, and
Eckhart-
HB 463 (cs)-A bill to be entitled An act relating to public
buildings; amending s. 255.041, Florida Statutes, relating to the
award of certain contracts for construction or alteration of
buildings for the state or its political subdivisions; providing
for the submission of affidavits by bidders; providing for proof
of registration and/or certification of contractors and subcon-
tractors; providing for proof of licensure to conduct business
in the state; providing for disqualification of the bidder upon
proof of misrepresentation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Langley-
HB 464-A bill to be entitled An act relating to alcoholism
prevention, control and treatment; creating s. 396.181, Florida
Statutes; providing for the implementation and funding of the
Comprehensive Alcoholism Prevention, Control, and Treatment
Act; imposing a surcharge on license fees; imposing a surcharge
on manufacturing, sale, and distribution of alcoholic beverages;
creating the Florida State Alcoholic Rehabilitation Trust Fund
to be administered by the Department of Health and Rehabil-
itative Services; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Taxa-
tion, and Appropriations.

By Representatives Langley and Smith-
HB 465-A bill to be entitled An act relating to corrections;
providing a lien in favor of the State of Florida for the costs of
imprisonment upon royalties payable to or accruing to the
benefit of a prisoner from any literary, cinematic, or other
account of the crime for which he is imprisoned; providing for
the distribution of any funds collected; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 471-Withdrawn



HB 473-Withdrawn



38



April 6, 1976











By Representatives Tucker, Pajcic, Batchelor, Becker, and
McKnight--
HJR 477-A joint resolution proposing an amendment to
Section 8 of Article V of the State Constitution relating to
eligibility of justices and judges.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Tucker, Batchelor, and Becker-
HB 478-A bill to be entitled An act relating to candidates
for judicial office; adding subsection (4) to s. 43.29, Florida
Statutes; requiring such candidates to be certified as being
professionally competent and without conflict of interest by an
appropriate Judicial Nominating Commission before qualifying
for office; providing procedures for such certification or denial
thereof; providing for appeal upon denial of certification; pro-
viding for confidentiality of records; providing that the Admin-
istration Procedure Act shall not apply to this act; amending
s. 105.031(1), Florida Statutes, relating to qualification of can-
didates for judicial office, to conform to this act; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By the Committee on Judiciary and Representatives Tucker,
Rish, Batchelor, and Becker-
HB 479 (cs)-A bill to be entitled An act relating to can-
didates for judicial office; adding subsection (4) to s. 43.29,
Florida Statutes, requiring each Judicial Nominating Commis-
sion, upon request, to determine the qualifications of a can-
didate for judicial office; entitling candidates found qualified
to be so indicated on the ballot; providing for appeal upon
denial of certification; providing for confidentiality of records;
providing that the Administrative Procedure Act shall not apply
to this act; adding subsection (5) to s. 105.031, Florida Statutes,
permitting any candidate for judicial office to request a Judi-
cial Nominating Commission to determine his qualifications for
office; adding subsection (6) to s. 105.041, Florida Statutes,
providing for an indication on the ballot of candidates so deter-
mined as qualified; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Foster-
HB 481-A bill to be entitled An act relating to the adjudi-
cation of traffic infractions; repealing chapter 74-377, Laws of
Florida, relating to the decriminalization of certain traffic vio-
lations, the establishment of procedures for adjudication there-
of and of standard statewide civil penalties therefore, manda-
tory hearings for certain infractions, and notification duties of
the Department of Highway Safety and Motor Vehicles; re-
enacting ss. 316.026, 316.061, 316.067, 316.112, 316.164, 339.-
30(3), 340.23(1), and 239.55, Florida Statutes, relating to pen-
alties for traffic violations, to conform to this act; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

HB 482-Withdrawn

By the Committee on Judiciary and Representatives Consi-
dine, T. Lewis, Hazelton, Mann, Campbell, Becker, Healey,
Lehman, Margolis, Sheldon, Avon, Davis, Gersten, McKnight,
Burrall, Moore, James, Flynn, Richard, and Adams-
HB 483 (cs)-A bill to be entitled An act relating to mobile
home parks; amending s. 83.695(2), Florida Statutes, 1974 Sup-
plement, requiring that tenants who rent, lease, or occupy real
property in a mobile home park be offered a written lease of
not less than 12 months duration; adding subsection (8) to
s. 83.70, Florida Statutes, 1974 Supplement, prohibiting fees or
other charges for invitees of mobile home park tenants; amend-
ing s. 83.70(7), Florida Statutes, 1974 Supplement; prohibiting
mobile home park owners and operators from reselling to ten-
ants electricity or gas purchased from a municipally owned
utility at a higher rate than that charged by the utility;
amending s. 83.71, Florida Statutes, 1974 Supplement, providing



39



that the tenancy of certain mobile home purchasers may not
be terminated except upon refusal to assume the remainder
of the term of a written lease; providing that a purchaser may
be required to move his mobile home, prior to occupancy, to a
different lot size or location in the park; amending s. 83.72,
Florida Statutes, providing a civil remedy for violations of lease
requirements under s. 83.695; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Williamson-
HJR 485-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution, relating to
homestead exemption.
-was read the first time by title and referred to the Com-
mittees on Judiciary, Finance & Taxation, and Appropriations.

HB 489-Withdrawn

HB 490-Withdrawn

HB 491-Withdrawn

By the Committee on Health & Rehabilitative Services and
Representative McKnight-
HB 493-A bill to be entitled An act relating to public
health; amending s. 395.01 (1)(b), Florida Statutes, the hos-
pital licensing and regulation act, to provide for licensing of
hospitals providing facilities and beds for use beyond 24 hours
by one or more nonrelated individuals; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Health & Rehabilitative Services and
Representative McKnight-
HB 495-A bill to be entitled An act relating to mental
health; amending s. 394.50, Florida Statutes, establishing chil-
dren's residential and day treatment centers to be under the
supervision and control of the Department of Health and Re-
habilitative Services; amending ss. 394.56, 394.57, 394.58, 394.59,
394.60, 394.61, and 394.62, Florida Statutes, providing for vol-
untary admission, involuntary admission, transfer of records,
fees for care and treatment, transfer of patients, discharge
from a center, and age limits; repealing ss. 394.51, 394.52,
394.53, 394.54, and 394.55, Florida Statutes, which relate, re-
spectively, to employment of the director of the children's
division of the South Florida State Hospital, and of other
necessary personnel; to powers, duties and compensation of
the director and other employees; to bonds required of employ-
ees; and to removal of employees; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committees on Education and Health & Rehabilita-
tive Services and Representative McKnight-
HB 496 (cs)-A bill to be entitled An act relating to edu-
cation; adding a new subsection (6) to s. 402.32, Florida Stat-
utes, 1974 Supplement; providing for the administration of pre-
scription and nonprescription medication to public school chil-
dren; authorizing the Department of Education in consultation
with the Department of Health and Rehabilitative Services to
promulgate rules designed to control the administration of such
medication; providing for immunity from liability for good
faith acts; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 498-Withdrawn

By Representative Boyd-
HB 499-A bill to be entitled An act relating to water and
sewer utility regulation by the Public Service Commission;



April 6, 1976



JOURNAL OF THE HOUSE OF REPRESENTATIVES








JOURNAL OF THE HOUSE OF REPRESENTATIVES



amending s. 367.041(4) (a), Florida Statutes, relating to notice
of intention to apply for certification; to include municipali-
ties in notification of intent to file an application; amending
s. 367.051(2) and (3), Florida Statutes, specifying the time in
which a hearing is to be held; providing for granting to a
county or municipality the first right of refusal to provide
services; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Avon-
HB 500-A bill to be entitled An act relating to elections;
amending ss. 97.021(1), 99.061(1)-(3), and 99.103, Florida
Statutes, ss. 99.152 and 99.153, Florida Statutes, 1974 Supple-
ment, s. 100.061, Florida Statutes, ss. 100.111(1) and 101.261(2)
and (3), Florida Statutes, 1974 Supplement; eliminating the
second primary elections and requiring a plurality vote for
nomination; amending s. 105.021, Florida Statutes, requiring
the second nonpartisan election to be held at the time of the
general election; repealing s. 100.091, Florida Statutes, as
amended, relating to the second primary election; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Wilson-
HB 501-A bill to be entitled An act relating to education;
providing legislative intent; providing for parents of pupils
to inspect instructional and testing materials; providing for
limitations on types of tests that may be administered to
pupils; providing for parental consent before a pupil may be
enrolled in any experimental program; providing for parental
consent before a pupil may be counselled; providing for
parental consent before a pupil may participate m sensitivity
training; prohibiting any person in the public schools from
seeking to subvert parental authority; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Hawkins, Belanger, and Avon-
HB 504-A bill to be entitled An act relating to state
lotteries; providing definitions; establishing the Division of
State Lottery of the Department of Business Regulation;
establishing within the division a State Lottery Commission;
providing membership, terms, expenses, powers, and duties
thereof; providing for the appointment, powers, and duties of
a director of the division, who shall also act as secretary and
executive officer of the commission; providing that the Gov-
ernor shall have the power to veto actions taken by the com-
mission; requiring lottery sales agents to be licensed by the
director; providing qualifications therefore; requiring display of
licenses; prohibiting the sale of lottery tickets under certain
conditions; providing a penalty therefore; prohibiting purchase
of lottery tickets by certain persons; providing procedures for
distributing prizes; creating a State Lottery Fund and pro-
viding for the appropriation and disbursement of moneys there-
from; providing for an annual postaudit; adding paragraph
(f) to s. 20.16(2), Florida Statutes, to conform to this act; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Hill, Fontana, Bloom, Gordon, Moffitt,
Lockward, Flynn, Eckhart, Smith, Margolis, Kershaw, Mc-
Knight, and Moore-
HB 505-A bill to be entitled An act relating to civil liability;
providing that, under certain conditions, off-duty law enforce-
ment officers rendering aid at the scene of a crime or during a
criminal incident will not be held liable for civil damages; pro-
viding a definition; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.



By Representatives Moffitt and Poole-
HB 506-A bill to be entitled An act relating to motor ve-
hicle inspection stations; adding a new subsection (2) to
s. 325.20, Florida Statutes, and amending s. 325.27, Florida Stat-
utes, providing that every firm, person, agency, or county,
qualified to operate a safety equipment inspection station,
shall open such a station on certain days of the week for
certain hours; providing an exception; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Health & Rehabilitative Services and
Representative Boyd-
HB 507 (cs)-A bill to be entitled An act relating to
mental health; adding subsection (4) to section 394.461, Florida
Statutes, to require separate housing facilities for the crim-
inally insane and mentally ill offenders who are dangerous
to others and security risks; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Steinberg-
HB 510-A bill to be entitled An act relating to mortgages;
creating s. 697.055, Florida Statutes, prohibiting certain clauses
in residential home mortgage contracts on single family dwell-
ings, other than such contracts which contain certain provisions
as set forth by the Federal Home Loan Mortgage Corporation,
which provide for an increase in the interest rate upon transfer
of the property; providing for the release of a mortgagor from
liability on a mortgage when the interest rate increases upon
such transfer; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Commerce and Representatives Stein-
berg and Forbes-
HB 511 (cs)-A bill to be entitled An act relating to insur-
ance; amending sections 626.951 through 626.964, Florida Stat-
utes, to revise part VII of chapter 626, Florida Statutes, relating
to unfair trade practices; providing definitions; prohibiting
misrepresentations and false advertising of insurance policies;
prohibiting false information and false advertising generally as
well as defamatory material and filing of false financial state-
ments and entries; prohibiting agreements aimed at boycott,
coercion, and intimidation; prohibiting issuance or delivery of
stock as an inducement for insurance; prohibiting certain kinds
of unfair discrimination in trade matters; prohibiting certain
rebates with regard to insurance contracts; prohibiting certain
defined unfair claim settlement practices; prohibiting the fail-
ure of an insurance company to maintain certain complaint
handling procedures; prohibiting the refusal of certain risks;
prohibiting misrepresentation in insurance contracts; prohibit-
ing certain misleading representations and comparisons; per-
mitting certain advertising gifts; prohibiting free insurance;
prohibiting excess or reduced premium charges or increasing
premium during policy term; providing for statement of in-
surance costs included in an overall purchase price or financing;
prohibiting certain insurance transactions through credit card
facilities; prohibiting certain interlocking ownership and man-
agement; prohibiting certain arrangements with regard to
funerals and funeral directors; prohibiting false claims; requir-
ing written proposals for investment plans; prohibiting certain
activities with regard to insolvent insurers; prohibiting co-
ercion of persons borrowing money to purchase specific insur-
ance policies; providing that the department of insurance may
charge any person with unfair trade practices whether defined
by this act or not; providing procedures for hearings under
this act; providing for powers of the department with respect
to unfair trade practices; providing for judicial review of cer-
tain actions brought under the act; providing penalties; pro-
viding standards to be followed by the department of insurance;
repealing sections 626.965-626.972, Florida Statutes, as amended,
and sections 626.974-626.987, Florida Statutes, relating to trade
practices and frauds, to conform to this act; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.



40



April 6, 1976








April 6, 1976 JOURNAL OF THE HOUSE OF REPRESENTATIVES 41

HJR 518-Withdrawn 07(2), Florida Statutes; providing local government authority
to appeal an order to the Florida Land and Water Adjucatory
By Representative Moffitt- Commission; providing an effective date.
-was read the first time by title and referred to the Com-
HB 519-A bill to be entitled An act relating to criminal wa adthe by title and referred to the
procedure; amending s. 925.035, Florida Statutes; providing that mittee on Appropriations.
court-appointed attorneys shall receive reasonable compensa-
tion as determined by the court; providing that such attorneys By Representative Johnson-
shall submit in writing a true and correct sworn statement of
his expenses and fee; providing an effective date. HB 537-A bill to be entitled An act relating to education;
directing the Division of Elementary and Secondary Education
-was read the first time by title and referred to the Con- of the Department of Education to employ an educational con-
mittee on Appropriations. sultant for children with specific learning disabilities and a
part-time secretary for the specific learning disabilities pro-
By Representatives Young and Bloom- grams; providing an appropriation; providing an effective
By Representatives Young and Bloom-- date.
HB 521-A bill to be entitled An act relating to the Depart- -was read the first time by title and referred to the Com-
ment of Education; creating s. 229.841, Florida Statutes, re- mittees on Education and Appropriations.
quiring the department to develop a plan and procedure for
adoption of the metric system in public school education by
1980; providing an effective date. By Representatives McDonald and Conway-
-was read the first time by title and referred to the Com- HB 539-A bill to be entitled An act relating to negligence;
mittee on Appropriations. creating s. 768.32, Florida Statutes, limiting the amount of
contingent attorneys' fees in tort claims actions; providing
HB 523-Withdrawn an effective date.
-was read the first time by title and referred to the Com-
HB 524 (cs)-Withdrawn mittees on Judiciary and Finance & Taxation.

By Representatives Matthews, Lockward, T. Lewis, Hazelton, By Representative Poorbaugh-
and James- HB 540-A bill to be entitled An act relating to the De-
HB 526-A bill to be entitled An act relating to retirement; apartment of Transportation; amending s. 20.23(1), Florida Stat-
providing that any person retiring under the disability pro- utes, providing that the head of the department shall be a
visions of the Florida Retirement System or any other state Transportation Board consisting of six elected members; amend-
retirement system therein consolidated, may receive additional ing s. 23.050, Florida Statutes, to conform therewith; creating
benefits upon reaching 60 years of age; providing for the ss. 334.031-334.035, Florida Statutes, providing for the election
computation of such additional benefits; authorizing the Divi- of board members and their terms; providing that the head-
sion of Personnel and Retirement to adopt rules; providing an quarters of the board shall be in Tallahassee and requiring
effective date. board members to supply a bond; providing for board mem-
bers' salaries and allowances; providing for the powers and
-was read the first time by title and referred to the Com- duties of the chairman of the board; providing for meetings
mittees on Retirement, Personnel & Claims and Appropriations. of the board; directing the Division of Statutory Revision of
the Joint Legislative Management Committee to change the
term "secretary" to "Transportation Board" wherever it ap-
By Representatives Easley and Redman- pears in the statutes with reference to the secretary of the
HB 531-A bill to be entitled An act relating to homestead department; providing an effective date.
exemption; amending s. 196.031(3)(b) and (c), Florida Stat- -was read the first time by title and referred to the Com-
utes, 1974 Supplement; providing a homestead exemption of mittees on Governmental Operations, Transportation, and Ap-
$5,000 for persons who are totally and permanently disabled; propriations.
providing an effective date.
-was read the first time by title and referred to the Com- By the Committee on Growth & Energy and Representatives
mittee on Appropriations. Dyer, Nuckolls, and Young-
HB 542 (cs)-A bill to be entitled An act relating to the
HB 532-Withdrawn regulation of public utilities; adding subsection (5) to s. 366.06,
Florida Statutes, 1974 Supplement, requiring utilities to file
By Representative Johnson- monthly affidavits regarding fuel adjustment and purchased
power cost recovery clauses; providing quarterly hearings by
HB 534-A bill to be entitled An act providing for the relief the Public Service Commission, specifying certain actions to be
of Theodore R. Fritsche and his wife, Laurie B. Fritsche; pro- taken at hearings; prohibiting the inclusion within the rate
viding an appropriation to compensate them for the death of schedule of any public utility of a cost recovery clause of any
their son, Robert Fritsche, while an inmate at Sumter Cor- type except a fuel cost, purchased power or franchise tax cost
rectional Institution; providing an effective date. recovery clause; providing an effective date.
-was read the first time by title and referred to the Com- -was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims. mittee on Appropriations.

By the Committee on Judiciary and Representative Johnson- By Representatives Johnson, Nuckolls, and Lehman-
HB 535 (cs)-A bill to be entitled An act relating to at- HB 543-SF-A bill to be entitled A proposal relating to the
torneys; amending s. 454.18, Florida Statutes, providing that mobile home industry.
sheriffs may deputize attorneys; allowing such attorneys to
practice civil law; providing an effective date. -was read the first time by title and referred to the Com-
mittees on Judiciary, Finance & Taxation, and Appropriations.
-was read the first time by title and referred to the Com-
mittee on Appropriations. By the Committee on Finance & Taxation and Representa-
tives Martin and Ogden-
By the Committee on Natural Resources and Representative
Johnson- HB 546 (cs)-A bill to be entitled An act relating to
podiatry; amending s. 461.03(1), Florida Statutes, requiring ap-
HB 536 (cs)-A bill to be entitled An act relating to en- plicants for examination for licensure to be at least 18 years
vironmental land and water management; amending s. 380.- of age and to provide proof of attainment of a degree of








42 JOURNAL OF THE HOUSE

Doctor of Podiatry from an institution approved and accredited
by the Council of Podiatry Education of the American Podiatry
Association; deleting certain educational requirements previous-
ly determined and required by the Board of Podiatry Exami-
ners; providing for a standardized examination; providing for
an increased examination fee and an increased fee for reexam-
ination; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Dyer and Young-
HB 550-A bill to be entitled An act relating to the munici-
pal public service tax; amending s. 166.231(4), Florida Statutes,
1974 Supplement, exempting from municipal taxation the pur-
chase of certain taxable items by school districts and hospital
districts; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Bell-
HB 551-A bill to be entitled An act relating to elections;
repealing s. 104.35, Florida Statutes, which prohibits distribu-
tion of literature against a candidate on election day; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By the Committee on Governmental Operations and Repre-
sentatives Hazelton, Gordon, T. Lewis, Craig, Sheldon, and
Gersten-
HB 552 (cs)-A bill to be entitled An act relating to public
buildings; creating s. 255.27, Florida Statutes, requiring the
supervisor or person in charge of governmental buildings to
establish rules respecting a smoking policy in governmental
buildings; providing guidelines for such rules; providing an
effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Hazelton-
HB 553-A bill to be entitled An act relating to public
buildings; creating s. 823.065, Florida Statutes, requiring that
each door of double or multiple door units at entrances to
public buildings be kept unlocked while the building is open
to the public so as to facilitate escape from inside in case
of fire; providing a penalty; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 555-Withdrawn

By the Committee on Elections and Representative Hazelton-
HB 556 (cs)-A bill to be entitled An act relating to the
election code; creating s. 104.315, Florida Statutes; prohibiting
the unlawful publication of certain false statements in cam-
paign advertising or literature; providing that violation of this
act results in the candidate's name being removed from the
ballot as administered by the Elections Commission of the De-
partment of State; providing an effective date.

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

By Representatives Hazelton, T. Lewis, Margolis, and
Belanger-
HB 557-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; amending s. 409.360,
Florida Statutes, providing that the department, through the
Program Office for Aging and Adult Services, is designated
the agency to administer all programs of the Federal Govern-
ment relating to aging by virtue of funds appropriated through
the Older Americans Act of 1965; creating s. 409.3605, Florida



I1



E OF REPRESENTATIVES April 6, 1976

Statutes, authorizing the Program Office for Aging and Adult
Services to accept gifts and grants; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 560-Withdrawn

By Representative Williamson-
HJR 561-A joint resolution proposing an amendment to
Sections 10 and 11 of Article V of the State Constitution re-
lating to the Judiciary.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By the Committee on Judiciary and Representatives Richard,
Smith, and Moore-
HB 562 (cs)-A bill to be entitled An act relating to civil
litigation; creating s. 57.105, Florida Statutes; providing that a
court may award attorney's fees when it finds that a civil action
or an appeal has been filed frivolously or vexatiously; providing
an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Fontana-
HB 564-A bill to be entitled An act relating to the bev-
erage law; amending s. 561.25, Florida Statutes, relating to the
prohibition against law enforcement officers and certain em-
ployees engaging in business related to the sale of alcoholic
beverages, to provide that such officers and employees may
own certain securities which are traded on a major stock ex-
change; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Lockward and Gersten-
HB 566-A bill to be entitled An act relating to the Division
of General Regulation of the Department of Business Regula-
tion; providing for the licensing and regulation of persons
engaging in the automotive repair business; providing for
license and other fees; providing for an administrative penalty;
providing standards governing the issuance of licenses; setting
forth prohibited practices; providing a civil remedy; providing
for the use of injunctions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce, Finance & Taxation, and Appropriations.

By the Committee on Education and Representative Bloom-
HB 569 (cs)-A bill to be entitled An act relating to educa-
tional institutions; amending s. 229.808(1) and (2), Florida Stat-
utes; requiring the Department of Education to include type of
institution and duration of session in the registration of each
institution; removing the provision for excluding certain edu-
cational institutions from the requirement to register with the
Department of Education; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 570 (cs)-Withdrawn

By Representatives Wilson, Mann, and Burrall-
HB 571-A bill to be entitled An act relating to cruelty
to animals; creating s. 828.122, Florida Statutes, to prohibit
the use of live animals to train greyhounds in a manner which
would normally lead to the destruction or injuring of such
animals; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.



HB 572-Withdrawn








JOURNAL OF THE HOUSE



HB 573-Withdrawn

By Representative Craig-
HB 574-A bill to be entitled An act relating to saltwater
fishing; amending s. 370.102, Florida Statutes; requiring that
regulation of the taking or possession of saltwater fish be ini-
tiated by general law; prohibiting special laws or general
laws of local application pertaining to such regulation; re-
pealing special laws and general laws of local application
and county and municipal ordinances pertaining to such regu-
lation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative T. Lewis-
HB 576-A bill to be entitled An act for the relief of the
Town of Palm Beach, Palm Beach County; providing for re-
imbursement for the construction of an ocean outfall in re-
liance on approval by the Florida State Board of Health; pro-
viding an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

HB 577-Withdrawn

By the Committee on Health & Rehabilitative Services and
Representatives Fechtel, Young, and Davis-
HB 579 (cs)-A bill to be entitled An act relating to the De-
partment of Offender Rehabilitation; amending s. 945.06, Flor-
ida Statutes, 1975, changing the term "prison industries" to
"correctional industries" and requiring the Department of Of-
fender Rehabilitation to adopt an industrial production and
marketing program with regard to correctional industries;
authorizing the correctional industries to produce goods which
may be used by all political subdivisions of the state; creating
s. 945.061, Florida Statutes, establishing objectives of the state
correctional industries; creating s. 945.062, Florida Statutes,
authorizing the department to explore certain financing pos-
sibilities; restricting use of general revenue tax funds; creating
s. 945.063, Florida Statutes, requiring the department to estab-
lish guidelines for the operation of correctional industries
and for the evaluation of such industries along specific lines;
requiring the department to seek the advice of private labor
and management for specified purposes; amending s. 945.16,
Florida Statutes, 1975, providing that correctional industries
goods may be sold to any political subdivision of the state;
requiring certain state agencies or divisions to use correct-
tional industries goods under certain circumstances; amending
s. 945.17, Florida Statutes, 1975, relating to the Department
of Offender Rehabilitation Industrial Trust Fund, to conform
to this act; amending s. 945.18, Florida Statutes, 1975, pro-
viding for disposition of surplus moneys; amending s. 945.19,
Florida Statutes, 1975; providing for budgeting and cost ac-
counting procedures and for certain lease purchase agreements;
increasing the amount of money which may be used for any
one construction project from the fund to $25,000 and author-
izing the use of the fund for capital improvements; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 580-Withdrawn

By Representative Thompson-
HB 582-A bill to be entitled An act for the relief of Finley
and Jean McMillan, husband and wife; providing an appropria-
tion to compensate them for damages sustained as a result
of the arbitrary, capricious, and unreasonable revocation of a
marina permit; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representatives Nuckolls and Belanger-
HB 584-A bill to be entitled An act relating to corporations;
creating s. 607.0245, Florida Statutes, prohibiting the use of



April 6, 1976



By Representatives Nuckolls and Belanger-
HB 587-A bill to be entitled An act relating to parks and
recreation; amending s. 125.01(1)(f), Florida Statutes, and
adding subsection (3) to s. 592.072, Florida Statutes; exempt-
ing veterans who are residents of the state with fifty percent
service connected disability from the requirement of paying
an admission fee for entry into any state or county park; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 589-Withdrawn

HB 590-Withdrawn

By Representatives Moffitt, Haben, McCall, Hodes, Bell, and
Healey-
HB 591-A bill to be entitled An act relating to the state
university system; amending s. 240.0951, Florida Statutes, 1974
Supplement; providing for collection of student service fees
and providing for determination of such fees and of student
activity fees by the Board of Regents, to be approved by the
Legislature; deleting certain restrictions on the use of the
student activity fund; deleting authority of the university
president to reallocate student activity funds to certain areas;
providing for allocation and expenditure of student service
fees through a student service fund; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives T. Lewis and Rude-
HB 592-A bill to be entitled An act relating to the Depart-
ment of Transportation; providing that all costs, expenses, and
responsibility for acquisition of rights-of-way, construction,
maintenance, lighting, traffic control devices, signs, and other
facilities necessary for the operation of primary roads be
borne solely by the Department of Transportation or the United
States Government; providing for reimbursement to counties
and municipalities expending funds for acquisition of rights-
of-way, construction, maintenance, and operation of primary
roads; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives T. Lewis and Rude-
HB 593-A bill to be entitled An act relating to motor
vehicle license revenues; amending s. 320.20, Florida Statutes,



OF REPRESENTATIVES 43

the words "veteran" or "veterans" in the name of any non-
profit corporation except upon prior approval of the Advisory
Council on Veterans' Affairs of the Department of Community
Affairs; providing a penalty; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Nuckolls and Belanger-
HB 585-A bill to be entitled An act relating to veterans;
creating s. 295.14, Florida Statutes; providing that the state
shall pay a portion of the expense of transporting the body
of an indigent veteran who dies in this state for burial in a
national cemetery in this state; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Nuckolls and Belanger-
HB 586-A bill to be entitled An act relating to the federal
soldiers' and sailors' civil relief act; requiring representation
by the state attorney's office to any person in service or going
into service who qualifies for and desires relief under said
act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.








44 JOURNAL OF THE HOUSE

providing for deposit of revenues other than the first proceeds
in the State Transportation Trust Fund; providing disposition
of funds in State Transportation Trust Fund; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Nuckolls-
HB 596-A bill to be entitled An act relating to Teacher's
Day; creating s. 683.14, Florida Statutes, designating the third
Friday in May of each year as Teacher's Day; providing an
effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Considine, Healey, and Adams-
HB 597-A bill to be entitled An act relating to condo-
miniums and cooperative apartments; creating ss. 711.809,
711.810, and 711.811, Florida Statutes; prohibiting infringe-
ment upon right of owners to peaceably assemble at reason-
able times and in a reasonable manner in common areas or
recreation areas; prohibiting infringement upon right of own-
er to invite public officers or candidates for public office to
appear and speak in common areas or recreation areas at
reasonable times and in a reasonable manner; providing for
injunction upon the application of an aggrieved owner; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Richard-
HB 600-A bill to be entitled An act relating to the Depart-
ment of Legal Affairs; amending s. 20.11(3), Florida Statutes,
and adding a subsection; transferring all attorneys of the
executive branch to the Department of Legal Affairs; per-
mitting the Governor and each Department to employ one
attorney each to advise them; prohibiting other state agencies
from employing legal counsel; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations, Judiciary, and Appro-
priations.

By Representative Bloom-
HB 601-A bill to be entitled An act relating to registration
of electors; creating s. 97.15, Florida Statutes, requiring the
supervisor to furnish an elector with certain information
whenever the elector's voter identification card or duplicate
registration identification card is issued; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Bloom and Price-
HB 602-A bill to be entitled An act relating to polling
places; adding subsection (4) to s. 101.71, Florida Statutes, re-
quiring that each polling place be identified by a sign desig-
nating the polling place by precinct number on election days;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Fulford-
HB 603-A bill to be entitled An act relating to the Game
and Fresh Water Fish Commission; providing that it is unlaw-
ful for members of the commission to expend or contract for
the expenditure of funds in excess of lawful appropriations
and providing that certain members voting for such action
shall be liable for excess expenditures above lawful appropria-
tions; providing that such members shall be guilty of malfea-
sance and subject to suspension; providing a penalty; providing
that commission members who violate certain provisions of



E



OF REPRESENTATIVES April 6, 1976

law with respect to the expenditure of state funds shall be
guilty of malfeasance in office and subject to suspension; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 604-Withdrawn

By Representative J. W. Robinson-
HB 605-A bill to be entitled An act relating to elections;
adding subsection (6) to s. 106.08, Florida Statutes, prohibiting
campaign contributions to candidates for the Florida Public
Service Commission from any person regulated by the com-
mission and from any person who derives his principal source
of income from any person regulated by the commission; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives Dick Clark, Tucker, McPherson, Fontana,
Lockward, Williamson, Hill, Cherry, and Avon-
HB 608-A bill to be entitled An act relating to the com-
plete revision of the control and supervision of pari-mutuel
wagering activities; amending section 20.16, Florida Statutes,
creating a state racing commission, providing qualifications for
commission appointments; providing for terms of office, trans-
ferring the control and supervision of the division of pari-
mutuel wagering from the board of business regulation to the
state racing commission, providing powers and duties of the
state racing commission, repealing the provision for the ap-
pointment of a thoroughbred advisory committee; providing
for the orderly transition of power from the board of business
regulation to the state racing commission; directing that
changes in terminology in the Florida Statutes be made; pro-
viding a supplemental appropriation for the division of pari-
mutuel wagering; mandating the relocation of the main offices
of the division of pari-mutuel wagering; establishing a select
joint legislative committee to oversee the creation of the racing
commission; repealing the provisions of chapters 550 and 551,
Florida Statutes; creating a new chapter 550, providing legis-
lative intent, giving powers and duties to the state racing
commission, specifying duties of the division of pari-mutuel
wagering, creating a pari-mutuel advisory council, providing
definitions, revising the process for granting additional pari-
mutuel wagering permits, creating a new process for the
assignment of all racing dates; revising the racing seasons and
providing for maximum performances of each season, limit-
ing the number of charity days, providing a uniform take-out
rate from pari-mutuel pools, creating a new method for the
division of monies collected from the take-out, revising rates
for occupational and license taxes, revising the disposition and
use of tax revenues, revising prohibited activities, providing
for the application of the chapter, revising the lease arrange-
ments of pari-mutuel facilities, providing for the relocation
of pari-mutuel facilities by permit holders, providing sever-
ability of the chapter, revising the prohibition of minors at
race tracks and frontons, providing for awards; providing for
severability of the act; repealing all laws inconsistent with
the provisions of the act; providing effective dates.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Steinberg-
HB 610-A bill to be entitled An act relating to consumer
protection; providing definitions; requiring consumer report-
ing agencies to send duplicate copies of consumer credit reports
upon request and payment therefore by the persons who are
subjects of such reports; prohibiting distribution of consumer
credit reports which have not been updated more recently
than 12 months prior to the time of release; providing for
civil and equitable relief for aggrieved consumers; providing
penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropri-
ations.








JOURNAL OF THE HOUSE



By Representatives Gersten and Hill-
HB 612-A bill to be entitled An act relating to public
officers and employees; amending s. 112.08, Florida Statutes,
authorizing counties, school boards, and other governmental
units to provide group insurance for dependents of public
officers and employees; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Gersten and Hill-
HB 613-A bill to be entitled An act relating to public
officers and employees; amending s. 112.075(1)(b), (2), (3)(a)
and (7)(a) and (c), Florida Statutes, 1974 Supplement, to in-
clude the dependents of state officers and employees within the
state group life, health, and accident insurance benefit pro-
grams; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Gersten and Hill-
HB 614-A bill to be entitled An act relating to public
officers and employees; amending s. 112.12, Florida Statutes,
1974 Supplement, authorizing counties, school boards, and other
governmental units to pay premiums or charges for group
life, accident, hospitalization, or health insurance for dependents
of public officers and employees; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Considine-
HB 616-A bill to be entitled An act relating to lobbying;
creating s. 11.063, Florida Statutes; providing definitions; re-
quiring registration by lobbying agents and their employers
with the Secretary of State; providing exemptions; requiring
that semiannual public financial reports be filed with the
Secretary of State by lobbying agents and their employers;
prohibiting lobbying upon a contingent fee; prohibiting lobbying
on the floor of either house of the Legislature; prohibiting
false communications; providing penalties and enforcement
power; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By the Committee on Commerce and Representatives Forbes
and Steinberg-
HB 617 (cs)-A bill to be entitled An act relating to all
disability insurers; providing a short title; creating ss. 627.6440
through 627.6448, Florida Statutes, requiring that all health
insurers make available qualified healthcare plans; stipulating
minimum benefits allowable under such plans; providing for
a deductible; providing for exclusions; defining dependent's
coverage; allowing additional benefits; providing for certain
contract requirements; establishing a state healthcare insurance
association; requiring the association to insure all persons
during an open enrollment period; providing for powers and
duties of the association; adding subsection (5) to s. 627.662
and subsections (5) and (6) to s. 627.657, Florida Statutes;
providing that this act also apply to group, blanket and fran-
chise disability insurers; providing for continuation of group
coverage under certain circumstances; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Avon-
HB 620-A bill to be entitled An act for the relief of Gary
Tarr; providing an appropriation to compensate him for per-
sonal injuries incurred due to the negligence in the operation
of a drawbridge owned and operated by the state; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.



April 6, 1976



OF REPRESENTATIVES 45

By Representative Papy-
HB 621-A bill to be entitled An act relating to court costs;
amending s. 57.011, Florida Statutes, to require nonresident
plaintiffs in civil actions to file a bond with surety in the
amount of $300; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By the Committee on Finance & Taxation and Representative
Maxwell-
HB 625 (cs)-A bill to be entitled An act relating to the
Board of Tax Adjustment; amending s. 196.194(2), Florida Stat-
utes; providing that public notice of the board shall not include
those exemptions granted or denied wholly or partially, pur-
suant to s. 196.031, s. 196.081, s. 196.091, s. 196.101, or s. 196.202,
Florida Statutes, but that a list of such exemptions shall be
maintained by the property appraiser and made available to
the public; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Maxwell-
HB 626-A bill to be entitled An act relating to public
school finance; amending s. 236.081(1)(c), Florida Statutes,
1975, changing the application of the cost factors in basic pro-
grams in grades 9, 10, 11, and 12; changing the cost factor
for grade 1; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 627-Withdrawn

By Representative T. Lewis-
HB 628-A bill to be entitled An act relating to dedication
of roads; amending s. 95.361(2), Florida Statutes, 1974 Supple-
ment, and adding a new subsection; providing that when
private persons, firms, or corporations have constructed a
road, and the road has been maintained, kept in repair, or
worked by a county, municipality or the Division of Road
Operations of the Department of Transportation, and used
by the public continuously and uninterruptedly for a period
of 4 years, the road shall be deemed dedicated to the public
to the extent so worked and used; providing that persons,
firms, or corporations other than public utilities claiming
any interest in property dedicated to the public shall have
1 year from the effective date of this act to institute suit
against the governmental authority assuming control to recover
damages; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Gallagher-
HB 629-A bill to be entitled An act for the relief of Metro-
politan Dade County Transit Authority; providing an appro-
priation to compensate the county for its loss of revenue
sustained by overpayment of motor vehicle license taxes on
county buses; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Becker (by request)-
HB 630-A bill to be entitled An act relating to transfer
license fees for alcoholic beverage licenses; amending subsec-
tions (1) and (2) of section 561.32, Florida Statutes, to pro-
vide that the transfer license fee shall be in the amount of
$100 or the annual license fee for said license, whichever is less;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.








46 JOURNAL OF THE HOUSE

By Representative Becker (by request)-
HB 631-A bill to be entitled An act relating to liquor
salesmen; adding a new section to chapter 561, Florida Stat-
utes, to provide that liquor salesmen be licensed by the divi-
sion of beverage of the department of business regulation;
providing a license fee; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Becker (by request)-
HB 633-A bill to be entitled An act relating to alcoholic
beverages; amending section 561.14, Florida Statutes, by adding
subsection (5) to provide for an importer's license classifica-
tion, a definition of the term importers, and restrictions on
importers; amending section 565.03, Florida Statutes, by adding
subsection (4) to provide for an importer's license fee; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Becker (by request)-
HB 634-A bill to be entitled An act relating to alcoholic
beverage license fees; amending subsection (1)(a) and (b) of
section 563.02, Florida Statutes, to provide for license fees
for vendors of malt beverages; amending subsection (1)(a)
and (b) of section 564.02, Florida Statutes, to provide for
license fees for each vendor of beverages containing alcohol
of more than 1 percent and not more than 14 percent by
weight, and wines; amending and repealing parts of subsec-
tion (1) of section 565.02, Florida Statutes, 1975, to provide
for license fees for vendors who are permitted to sell any
alcoholic beverages regardless of alcoholic content; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance and Tax-
ation, and Appropriations.

By Representative Becker (by request)-
HB 635-A bill to be entitled An act relating to the alco-
holic beverage laws; amending subsections (2), (3), (4) and
(5) of section 561.22, Florida Statutes, which prohibit a manu-
facturer, distributor or exporter from being licensed as a
vendor and which prohibit a vendor from being licensed as a
manufacturer, distributor or exporter, to add the words copart-
nership, firm or association; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Becker (by request)-
HB 636-A bill to be entitled An act relating to employment
of persons in alcoholic beverage establishments; amending sec-
tion 562.13, Florida Statutes, to provide that it shall be unlaw-
ful for any vendor to knowingly employ any person in the
place of business of such vendor who does not meet the quali-
fications required of licenses except for those persons spe-
cifically exempted from such requirement, and deleting the
discretion of the director to permit the employment of a person-
in-charge of a licensed retail establishment; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Becker (by request)-
HB 637-A bill to be entitled An act relating to Division
of Beverage; relating to persons in charge of licensed premises,
qualifications required, three-year person-in-charge cards;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.



IE



SOF REPRESENTATIVES April 6, 1976

By Representative Becker (by request)-
HB 638-A bill to be entitled An act relating to quota
beverage licenses; amending subsection (6) of section 561.20,
Florida Statutes, to provide that when a quota beverage license
is originally issued, said license shall not be transferred for
a period of two years from the date of issuance; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representative Becker (by request)-
HB 640-A bill to be entitled An act relating to alcoholic
beverages; repealing s. 564.06(5), Florida Statutes, which allows
wine manufacturers a discount from excise taxes for breakage
and shrinkage; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Becker (by request)-
HB 641-A bill to be entitled An act relating to cigarettes;
amending s. 210.15(1)(f), Florida Statutes, to increase the
renewal permit fee of cigarette wholesale dealers or exporters
from $5 to $100; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce, Finance & Taxation, and Appropriations.

By Representative Becker (by request)-
HB 642-A bill to be entitled An act relating to the alco-
holic beverage laws; amending subsections (1), (2), (3), (4),
and (5) of section 561.24, Florida Statutes, to prohibit the
licensing of any manufacturer as a distributor or exporter
within the state of Florida; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representative Morgan (by request)-
HB 643-A bill to be entitled An act for the relief of Eve
Rachel Wright by and through her parents, Eugene R. Wright
and Theresa M. Wright; providing an appropriation to com-
pensate them for injuries; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Morgan (by request)-
HB 644-A bill to be entitled An act for the relief of Otho
B. Clark; providing an appropriation to compensate him for
losses incurred during the course of his employment with the
Department of Natural Resources; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By the Committee on Finance & Taxation and Representative
Maxwell-
HB 645 (cs)-A bill to be entitled An act relating to mort-
gage lenders; providing for prompt payment of ad valorem
taxes by those who collect escrow funds for such payment so as
not to deprive the depositor of a lawfully available tax dis-
count for prompt payment; providing that the mortgagee shall
issue annually to the mortgagor a statement of the escrow
account; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Sackett-
HB 647-A bill to be entitled An act relating to medical
practice; providing that no person shall break or in any way
interrupt the integrity of the skin of any living person for








JOURNAL OF THE HOUSE OF REPRESENTATIVES



cosmetic reconstruction unless licensed under chapter 458, 459,
461, 464, or 466, Florida Statutes; providing a penalty; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Sackett-
HB 648-A bill to be entitled An act relating to blood
donors; providing for registration by the Department of Health
and Rehabilitative Services of persons who sell their blood or
allow their blood to be drawn for compensation; providing that
that it is unlawful to draw blood from such a person for com-
pensation unless a registration card is presented and marked;
providing that it is unlawful to draw blood from such a person
when he has needlemarks anywhere on his body; providing a
penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



By Representatives Nuckolls and Hodges-
HB 657-A bill to be entitled An act relating to the Inter-
nal Improvement Trust Fund; amending s. 253.123(1), Florida
Statutes, and creating s. 253.77, Florida Statutes; providing
that chapter 253, Florida Statutes, relating to jurisdiction of
the Board of Trustees of the Internal Improvement Trust Fund,
shall not apply to artificially created waters except when they
are part of the intracoastal waterway or when the proposed
action would interfere with naturally created navigable waters;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representatives Tucker, Hazouri, Considine, and Mc-
Pherson-
HB 661-SF-A bill to be entitled A proposal relating to
consolidation of the Commission on Ethics and the Florida
Elections Commission.



-was read the first time by title and referred to the Com-
HB 649-Withdrawn mittee on Elections.



By the Committee on Education and Representatives Hodes
and Hutto-
HB 650 (cs)-A bill to be entitled An act relating to educa-
tion; amending s. 230.23(5)(e), Florida Statutes, 1974 Supple-
ment; authorizing contracts for administrative personnel; a-
mending ss. 231.06 and 231.07, Florida Statutes; prohibiting
assaults on members of the administrative staff of district
school systems; amending s. 231.48(2), Florida Statutes, 1974
Supplement; providing terminal pay for administrative per-
sonnel; redefining "normal retirement"; amending section
228.041(10), Florida Statutes, 1974 Supplement; providing def-
initions of administrative personnel; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 651-Withdrawn

By Representatives Dixon and T. Lewis-
HB 653-A bill to be entitled An act relating to the Game
and Fresh Water Fish Commission; creating s. 372.577, Florida
Statutes; requiring a certificate of competency in handling
firearms and bow and arrow; providing exceptions; directing
the commission to provide for instruction and information re-
garding the safe handling of such weapons; providing for in-
structors; providing responsibility of parents for minors;
making fraudulent use of certificates a misdemeanor; providing
penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 655-Withdrawn

By the Committee on Elections and Representative Barrett-
HB 656 (cs)-A bill to be entitled An act relating to can-
didates; amending s. 97.011, Florida Statutes, to include chapters
105 and 106, Florida Statutes, relating to nonpartisan elections
for judicial officers and to campaign financing, within "The
Florida Election Code"; amending s. 99.012(3), Florida Stat-
utes, 1975, and adding new subsections; providing that cer-
tain resignation procedures prior to qualifying for public
office apply to any individual holding office instead of only
to incumbent public officers; prohibiting any individual from
qualifying for public office who has not resigned his office as
otherwise required in said section; prohibiting an individual
who resigns from being appointed to fill the remainder of the
term of the office he resigned from; providing for enforce-
ment by the Florida Elections Commission; providing an effec-
tive date.

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



HB 665-Withdrawn

By Representative Papy-
HB 666-A bill to be entitled An act relating to trading
stamps; amending s. 559.03, Florida Statutes, requiring that
trading stamp companies offer a cash redemption for trading
stamps at a value equal to the worth of said stamps when
exchanged for merchandise; requiring that retail outlets dis-
pensing stamps on behalf of trading stamp companies offer
customers a cash refund on purchases when trading stamps
are refused by the customer; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representatives Moffitt and Burrall-
HB 668-A bill to be entitled An act relating to sentencing;
creating s. 921.186, Florida Statutes, authorizing the court,
in sentencing a convicted felon, to specify a minimum period of
confinement before the felon becomes eligible for parole; a-
mending s. 947.16(1), Florida Statutes, 1974 Supplement, pro-
viding for the interview of an inmate by the Parole and Pro-
bation Commission during the 6-month period preceding the
termination of the inmate's minimum period of confinement;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Rish-
HB 669-A bill to be entitled An act for the relief of Robert
E. Manual; providing an appropriation to compensate him for
loss of personal property as the result of an accident caused
through malfunction of the drawbridge at Highland View,
Gulf County; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Rish-
HB 671-A bill to be entitled An act for the relief of
Rebecca Jean Leach; providing an appropriation to compen-
sate her for personal injury and loss of personal property as
the result of an accident caused through malfunction of the
drawbridge at Highland View, Gulf County; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

HB 672-Withdrawn

By Representatives Boyd, T. Lewis, Hattaway, Haben, James,
Harrington, McDonald, Belanger, Mattox, Dyer, Dick Clark,
Craig, Gordon, Poole, Bell, Tolton, Burrall, Freeman, Morgan,



47



April 6, 1976








48 JOURNAL OF THE HOUSE

Easley, Neal, Price, Fontana, Thompson, Poorbaugh, Hagler,
Langley, Watson, Maxwell, Nuckolls, Young, Matthews, J. R.
Clark, Peaden, Hodges, Melvin, Rude, Conway, Mixson, Brown,
Grizzle, G. C. Robinson, Hawkins, Culbreath, J. W. Robinson,
Skinner, Johnson, Hutto, and Fechtel-
HJR 674-A joint resolution proposing amendments to sec-
tions 1, 8 and 10 of Article V of the State Constitution and
the addition and creation of new sections 1A and 6A to said
Article V of the State Constitution relating to the creation
of constitutional municipal courts.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

HB 675-Withdrawn

By Representative Rude-
HB 677-A bill to be entitled An act relating to county
courts; adding subsection (4) to s. 34.191, Florida Statutes,
providing that the county shall incur taxable court costs for
the trial of a municipal ordinance violation if such costs are
not assessed against the defendant; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Fechtel and Bell-
HB 678-A bill to be entitled An act relating to fresh water
fishing; creating s. 372.0215, Florida Statutes, to restrict any
public agency from stocking fish in certain private ponds; pro-
viding exceptions; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Fechtel and Burrall-
HB 680-A bill to be entitled An act relating to elections;
adding a new subsection (3) to s. 447.509, Florida Statutes,
1974 Supplement, to prohibit political contributions or expendi-
tures in connection with any election or convention by employee
organizations; adding paragraph (f) to s. 106.19(1), Florida
Statutes, and amending subsection (2) of said section, to pro-
hibit acceptance of such contributions by candidates, political
committees, and campaign treasurers; providing penalties; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives James and Mixson-
HB 683-A bill to be entitled An act relating to per diem
and travel expenses; amending s. 112.061(12), Florida Statutes,
1975, providing for uniform travel authorization and voucher
forms as to travel to a convention, conference, seminar, or
similar type gathering; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 684-Withdrawn

By Representatives G. C. Robinson, Smith, Hagler, Fechtel,
Tolton, Batchelor, and Mixson-
HB 687-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.052(1)(b) and (c) and
(6) (a), Florida Statutes, 1975, eliminating legislators from the
elected state officers' class of the Florida Retirement System;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims, Finance & Tax-
ation, and Appropriations.

HB 688-Withdrawn

By Representatives Williamson and Haben-
HB 689-A bill to be entitled An act relating to public
defender; amending subsection (1) of s. 27.52, Florida Statutes,



I



E OF REPRESENTATIVES April 6, 1976

providing that the Department of Legal Affairs shall pro-
mulgate an affidavit form for the provision of certain infor-
mation; requiring such affidavit to be filed with the court by
all accused persons claiming insolvency; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives James and Kiser-
HJR 693-A joint resolution proposing amendments to Sec-
tion 5 of Article IV of the State Constitution to provide for
the appointment of cabinet officers by the governor; providing
a separate amendment for each cabinet officer.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By the Committee on Natural Resources and Representa-
tives Tucker, Moore, Conway, Craig, Bell, Brown, Coolman,
Bloom, Lockward, Becker, Batchelor, Burrall, and Mann-
HB 694 (cs)-A bill to be entitled An act relating to tidal
wetlands; providing for the management and protection of
such lands; providing legislative intent, providing definitions;
providing for the establishment of permit lines; requiring
permits from the Department of Natural Resources prior to
altering tidal wetlands in a certain manner; providing ex-
ceptions; providing for a filing fee; providing for access;
providing penalties; providing injunctive relief; providing for
the promulgation of rules; providing for interim protection of
tidal wetlands; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Tucker, Moore, Batchelor, Becker, Lock-
ward, and Coolman-
HB 695-A bill to be entitled An act relating to water man-
agement; providing definitions; providing an inland wetlands
development permit to be administered by local government;
providing exemptions; providing standards and criteria for
issuance of an inland wetlands development permit; providing
for suspension or revocation of permit; providing for notice
and hearing; providing for a filing fee; providing for pro-
tection of landowners' rights; providing for appeal, damages,
and acquisition of inland wetlands; providing for technical
assistance to local government by the Department of Environ-
mental Regulation and the Water Management Districts; pro-
viding a penalty; providing for injunctive relief; adding sub-
section (4) to s. 373.083, Florida Statutes, relating to Water
Management Districts, providing for designation of inland
wetlands by the governing board; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Poorbaugh-
HB 697-SF-A bill to be entitled A proposal relating to ab-
sentee voting.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Campbell, Lehman, and Adams-
HJR 698-A joint resolution proposing an amendment to
Section 4 of Article X of the State Constitution relating to
homestead exemption.
-was read the first time by title and referred to the Com-
mittees on Judiciary, Finance & Taxation, and Appropriations.

By Representative Pajcic (by request)-
HB 701-A bill to be entitled An act for the relief of Mary
Llewellen Parker; providing an appropriation to compensate
her for the loss of her husband and for injuries sustained as
the result of the negligence of the Department of Transporta-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Nelson and Batchelor-
HB 703-A bill to be entitled An act relating to the medical
practice act; adding paragraph (f) to s. 458.135(2), Florida
Statutes, and adding subsections; defining "program in medi-
cal science"; requiring the Board of Regents and the Division
of Community Colleges of the Department of Education to
establish certain programs in medical science for physician's
assistants; providing for cooperation by the Board of Medical
Examiners; requiring the Board of Medical Examiners to en-
courage the placement of certified physician's assistants in
areas of shortage of primary care physicians; repealing
s. 458.135(12)(b), Florida Statutes, removing the requirement
that a physician's assistant program pay a fee of $500 every
3 years for certification by the Board of Medical Examiners;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Becker, Fontana, and Bloom-
HB 704-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.091(4)(b), Florida Stat-
utes, 1974 Supplement, relating to disability retirement bene-
fits, to alter provisions relating to the determination of total
and permanent disability; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representatives Wilson and Nelson-
HJR 705-A joint resolution proposing an amendment to
Section 4 of Article VII of the State Constitution relating to
taxation.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Wilson and Nelson-
HB 706-A bill to be entitled An act relating to property
assessment; providing definitions; providing for assessment of
undeveloped land based upon the current use value; providing
for a land use change tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Judiciary and Representative Bloom-
HB 708 (cs)-A bill to be entitled An act relating to the
adjudication of traffic infractions; amending ss. 318.14(5),
318.18, and 316.026(2) and (3), Florida Statutes, 1974 Supple-
ment; providing a civil penalty for a driver cited for an infrac-
tion not requiring a mandatory hearing, which shall be appli-
cable if he elects to have a hearing; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 709-Withdrawn

By Representative Batchelor-
HB 710-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.052(1)(b) and (c) and
(6)(a), Florida Statutes, 1975, eliminating legislators from the
elected state officers' class of the Florida Retirement System;
providing an effective date.

-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims, Finance & Tax-
ation, and Appropriations.

By the Committee on Criminal Justice and Representatives
Lehman and Gordon-
HB 712 (cs)-A bill to be entitled An act relating to bail;
amending s. 903.03(2), Florida Statutes, 1975, authorizing the
Department of Offender Rehabilitation to investigate and re-
port certain information relating to persons charged with cer-



tain crimes; providing for use of such reports; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

HB 714-Withdrawn

By Representative Foster-
HB 715-A bill to be entitled An act relating to firearms;
creating the "Florida Firearm Act of 1976"; providing legisla-
tive intent; providing. definitions; enumerating times when
it is lawful to carry a shotgun, rifle, or pistol in the open;
authorizing the transportation of such firearms in a motor
vehicle at any time when unloaded; providing that it is unlaw-
ful to carry a concealed firearm; providing exceptions; enumer-
ating the unlawful uses and dispositions of firearms; pro-
viding a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

HB 717-Withdrawn

By Representatives Belanger and Nuckolls-
HJR 718-A joint resolution proposing an amendment to
Section 7, Article III of the State Constitution, relating to
passage of bills, to require a two-thirds vote of each house
of the legislature to impose or increase a state tax.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations, Finance & Taxation, and
Appropriations.

By the Committee on Education and Representative Bloom-
HB 720 (cs)-A bill to be entitled An act relating to edu-
cation; amending s. 230.234, Florida Statutes, providing for the
payment of costs of legal services for officers, agents, and em-
ployees of school boards; providing for public meetings; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 721-Withdrawn

HB 722-Withdrawn

By Representative James-
HB 726-A bill to be entitled An act for the relief of the
City of West Palm Beach; providing an appropriation to com-
pensate the city for the construction of a sewage treatment
plant made obsolete by recent amendments to chapter 403,
Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By the Committee on Commerce and Representatives John-
son and Ogden-
HB 727 (cs)-A bill to be entitled An act relating to fire
prevention and control; creating s. 633.075, Florida Statutes,
to provide minimum standards, regulations and requirements
for fire extinguishment sprinkler systems and their installa-
tion; to require the state fire marshal or local authorities as
his agents to administer the provisions of this section; to pro-
vide that other governmental authorities may adopt more strin-
gent standards, procedures, and requirements; to provide a
penalty; creating s. 633.084, Florida Statutes, to prohibit a
service station or gas storage tank in certain buildings; re-
quiring that a copy of local fire prevention control codes be
furnished, upon request, to the state fire marshal; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Johnson-
HB 728-A bill to be entitled An act relating to personnel
of the school system; adding a new subsection (4) to s. 231.17,



April 6, 1976



49








50 JOURNAL OF THE HOUSE

Florida Statutes, requiring elementary classroom teachers to
acquire certain training in exceptional child education prior to
certification; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Johnson-
HB 729-A bill to be entitled An act relating to state com-
prehensive planning; creating s. 23.0195, Florida Statutes, pro-
viding that local planning and zoning programs shall not be
superseded by standards and guidelines developed under the
provisions of chapter 23 when they provide greater environ-
mental protection to the area involved; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Sackett-
HB 731-A bill to be entitled An act relating to public
nuisances; creating s. 823.13, Florida Statutes, restricting the
attachment to any public or private property of any adhesive-
backed public display which is not made of an easily removable
material; providing a penalty; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Steinberg-
HB 732-A bill to be entitled An act relating to the depart-
ment of agriculture and consumer services; creating chapter
505, Florida Statutes; providing for the regulation of the sale
and distribution of kosher foods; providing definitions; pro-
viding legislative intent; providing certain powers of the de-
partment of agriculture and consumer services; providing pen-
alties; providing for identification of kosher meat and meat
products; requiring certain kosher identification on containers;
amending s. 570.44(2), Florida Statutes; requiring the bureau of
food, grades, and standards inspection of the division of inspec-
tion of the department of agriculture and consumer services
to conduct certain general inspection activities and to enforce
the provisions of chapter 505 as authorized by the department;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropria-
tions.

By Representatives Young and Johnson-
HB 734-A bill to be entitled An act relating to education;
authorizing and directing the Board of Regents to establish an
institution to be known as the Florida Open University; pro-
viding definitions; amending s. 239.01, Florida Statutes, which
defines the state university system; authorizing the establish-
ment of an administrative headquarters and learning centers;
authorizing the granting of degrees; authorizing the Florida
Open University to contract for space, for the development
and preparation of courses of instruction, and for testing,
counseling, and instructional services; protecting the right of
other state universities to offer external degree and continuing
education programs; providing for reciprocity of credits;
authorizing the Board of Regents to assess student fees; pro-
viding for an annual report to the legislature; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Crabtree and Adams-
HB 735-A bill to be entitled An act relating to assessments;
adding subsection (4) to s. 193.023, Florida Statutes, requiring
the property appraiser to assess, at fair market value, prop-
erty serving unit owners of a condominium or cooperative
subject to a lease; precluding the consideration of income de-
rived from the lease; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



1]



E OF REPRESENTATIVES April 6, 1976

HB 739-Withdrawn

By the Committee on Education and Representative Bloom-
HB 740 (cs)-A bill to be entitled An act relating to schools;
amending s. 234.03, Florida Statutes, to require liability in-
surance or other means of compensation for bodily injury or
death or property damage on school buses and other motor
vehicles, to set limits of coverage, and to require reports of
accidents; amending s. 768.28(2), Florida Statutes, to clarify
legislative intent by including school boards in the waiver of
sovereign immunity in tort actions; providing applicability;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 741-Withdrawn

HB 742-Withdrawn

By Representative Hawkins-
HB 743-A bill to be entitled An act relating to impact fees;
providing a short title; providing legislative intent and pur-
pose; providing authority to impose impact fees; providing
definitions; providing requirements and limitations; providing
exemptions; providing for collection and expenditure; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs, Finance & Taxation, and Appro-
priations.

By the Committee on Judiciary and Representative Fechtel-
HB 744 (cs)-A bill to be entitled An act relating to
replevin; creating s. 78.068, Florida Statutes, providing for the
issuance of a prejudgment writ of replevin upon a certain
showing by the petitioner and the posting of a bond; pro-
viding that the defendant or petitioner may obtain release
of property subject to such writ upon furnishing certain se-
curity; requiring such writ to be issued by a circuit or county
court judge and permitting a defendant to obtain a dissolu-
tion of such writ upon a failure of the petitioner to make a
certain showing; amending s. 78.20, Florida Statutes, providing
for damages and attorney's fees; repealing s. 78.055(6), Flor-
ida Statutes, relating to temporary restraining order; repeal-
ing s. 78.069, Florida Statutes, relating to the issuance of a
temporary restraining order against a defendant upon a cer-
tain showing by the plaintiff; repealing s. 78.073, Florida Stat-
utes, relating to the issuance of writs of replevin upon a show-
ing that the defendant will violate a restraining order; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Smith-
HB 748-A bill to be entitled An act relating to retail sales
establishments; requiring certain retail sales establishments
to display signs indicating that no cash refunds are given;
providing that any retail sales establishment failing to comply
shall be deemed to offer refunds for the period of noncom-
pliance; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Smith-
HB 749-A bill to be entitled An act relating to retail sales;
requiring certain retail sales establishments to provide receipts
containing a statement indicating that refunds are not given
on goods placed on layaway with a deposit; providing liability
for return of cash deposits for noncompliance; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.








JOURNAL OF THE HOUSE



By Representative Gersten-
HB 750-A bill to be entitled An act relating to schools;
amending s. 232.27, Florida Statutes, prohibiting any teacher
or other member of the staff of any school from inflicting
corporal punishment on a pupil; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By the Committee on Criminal Justice and Representatives
Lehman and Gordon-
HB 751 (cs)-A bill to be entitled An act relating to bail;
amending s. 903.132, Florida Statutes, prohibiting a court from
admitting to bail on appeal persons convicted of certain viola-
tions relating to certain controlled substances; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative J. W. Robinson-
HB 752-A bill to be entitled An act relating to rehabilita-
tion of drug dependents; amending s. 397.041(5), Florida Stat-
utes, providing an exception to the provision that, in no case,
may volunteers for drug treatment be confined therefore in
penal institutions and retained therein against their will;
creating s. 397.0515, Florida Statutes, providing that a drug
dependent person may volunteer himself for compulsory con-
finement for treatment and cure in a hospital or drug treat-
ment center of the state prison system; providing that such
confinement shall be for a period of 6 months; requiring an
affidavit, signed by a physician or health officer, attesting
that such person is a drug dependent and requires such treat-
ment; providing for the submission of such affidavit to the
Circuit Court Judge; providing for an order of commitment;
providing for supervision of drug dependent patients; pro-
viding powers of prison superintendent; providing for the
promulgation of rules relating to the treatment and discipline
of such patients; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 755-Withdrawn

By the Committee on Health & Rehabilitative Services and
Representative Hodes-
HB 756 (cs)-A bill to be entitled An act relating to the
Florida Mental Health Institute at Tampa; setting forth pro-
cedures for persons to be placed in the mental health institute;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 757-Withdrawn

HB 759-Withdrawn

By Representative Williamson-
HB 762-A bill to be entitled An act relating to criminal
proceedings; amending s. 914.04, Florida Statutes, providing
penalties for the refusal of any person to testify when sub-
poenaed to testify before a prosecuting authority or court;
creating s. 914.15, Florida Statutes, prohibiting any person from
causing a witness to refuse or fail to testify in any criminal
proceeding or refuse or fail to report the commission of a
crime to a law enforcement agency; providing penalties; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By the Committee on Growth & Energy and Representatives
Tolton, Moffitt, and Brown-
HB 763-A bill to be entitled An act relating to energy con-
servation; directing the Department of General Services to
promulgate rules and regulations for the implementation of



April 6, 1976



E OF REPRESENTATIVES 51

energy conservation programs in public buildings; requiring
that public entities develop programs of operation and mainte-
nance which promote energy conservation; requiring approval
by the Department of General Services of such programs; re-
quiring implementation of such programs; providing for sever-
ability; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Growth & Energy and Representatives
Nelson, Coolman, Poole, Hazouri, Moffitt, Brown, and Mc-
Knight-
HB 764-A bill to be entitled An act relating to a resource
inventory and resource information system; providing for
an inventory of the state's resources by the Division of
State Planning and other agencies; providing for the develop-
ment of a data acquisition program; providing for the de-
velopment of computer technology to process resource informa-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Growth & Energy and Representatives
Nelson, T. Lewis, Coolman, Kiser, Poole, Hazouri, Moffitt,
Brown, Gersten, and McKnight-
HB 165-A bill to be entitled An act relating to state com-
prehensive planning; creating subsections (5) and (6) of
s. 23.0112, Florida Statutes, defining agency and carrying
capacity; amending s. 23.0114, Florida Statutes, directing the
state comprehensive plan to be consistent with the carrying
capacity of an area; providing procedures for preparation of
planning elements and delineating a consistency for compre-
hensive plans; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Transportation-
HB 766-A bill to be entitled An act relating to motor
carriers; amending s. 323.03, Florida Statutes, requiring certi-
ficate of public convenience and necessity to operate as a
common carrier or contract carrier; specifying contents of
applications for certificates, and filing fees therefore; specifying
notice, hearing and disposition requirements for applications
for certificates; providing that the Public Service Commission
may consider and act upon an application without a hearing
in the absence of any protest against said application; repeal-
ing s. 323.04, Florida Statutes, relating to private contract
carriers, certificate of convenience required; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Young and Moore-
HB 767-A bill to be entitled An act relating to registration
office, officers and procedures; amending s. 98.081, Florida
Statutes, requiring the supervisor to provide the recognized
political parties with a copy of the lists of electors tempo-
rarily withdrawn from the registration records; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committees on Governmental Operations and Growth
& Energy and Representatives Gersten, Moffitt, and Brown-
HJR 768 (cs)-A joint resolution proposing the creation of
Section 14 of Article X of the State Constitution, relating to
the terms of members of regulatory boards or commissions.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Growth & Energy and Representatives
Moffitt and Brown-
HB 769-A bill to be entitled An act relating to the Public
Service Commission public counsel; creating s. 350.061(4), Flor-








52 JOURNAL OF THE HOUSE

ida Statutes, 1974 Supplement, relating to location of offices;
creating s. 350.0611(6), Florida Statutes, 1974 Supplement,
authorizing counsel to advise and assist individuals in certain
instances; amending s. 350.58, Florida Statutes, 1974 Supple-
ment, to eliminate the Public Service Commission's annual re-
port to the governor; repealing s. 350.0612, Florida Statutes,
which provides for location of offices; providing an effective
date.
--was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Growth & Energy and Representatives
Tolton, Brown, and Moffitt-
HB 772-A bill to be entitled An act relating to the Florida
Energy Conservation in Buildings Act of 1974, ss. 255.251
through 255.256, Florida Statutes, created by chapter 74-187,
Laws of Florida; creating new s. 255.2545, Florida Statutes;
providing for the performance of energy life cycle cost analysis
on selected existing state facilities; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Growth & Energy and Representatives
Tolton, Brown, Moffitt, and Conway-
HB 776-A bill to be entitled An act relating to solar energy;
directing the Florida Solar Energy Center to set standards
for solar energy systems manufactured or sold in the state;
setting testing fees; establishing a trust fund; requiring dis-
closure; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Growth & Energy and Representatives
Tolton, Brown, Young, Moffitt, and Conway-
HB 777-A bill to be entitled An act relating to taxation of
solar energy systems; creating paragraph (1) of s. 212.08(7),
Florida Statutes, 1974 Supplement, to provide a sales tax ex-
emption for certain solar energy systems; providing effective
and expiration dates.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 778-Withdrawn

By Representative Fontana-
HB 780-SF-A bill to be entitled A proposal relating to
sentencing.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By the Committees on Governmental Operations and Growth
& Energy and Representatives Gersten, Nelson, Brown, Moffitt,
Coolman, Kiser, Dyer, Margolis, Dick Clark, Flynn, and
Tucker-
HB 781 (cs)-A bill to be entitled An act relating to
the Florida Public Service Commission; amending s. 350.01,
Florida Statutes, providing that Public Service Commission-
ers shall be appointed by the Governor and approved by
three members of the Cabinet; increasing the number of Com-
missioners to five; providing that appointments shall be made
from a list submitted by the nominating Council; providing
vacancies shall be filled in the same manner; permitting com-
missioners now serving to remain in office until completion of
their terms; providing 4-year terms for commissioners and
providing for 6-year terms if authorized by a constitutional
amendment; providing a procedure for the Nominating Council
to submit recommendations for successors to the present elected
commissioners; permitting an appointed commissioner to file
a declaration of intention to seek an additional term of office
with the Nominating Council; providing for selection of a com-
mission chairman and his terms and duties; providing proce-
dures to expedite commission dockets; establishing salaries of
commissioners; creating s. 350.031, Florida Statutes, establishing
the Florida Public Service Commission Nominating Council



;]



E OF REPRESENTATIVES April 6, 1976

which is to recommend persons to the Governor for appoint-
ment to the commission; restricting membership on the council
by persons having certain interests in industries regulated
by the commission; requiring the council to establish procedures
for applications; requiring the recommendations of the council
to be on a nonpartisan basis; requiring meetings of the council
to be open to the public and subject to the sunshine law; pro-
viding for election of a council chairman and terms; repealing
s. 350.03, Florida Statutes, relating to the power of the Governor
to remove and fill vacancies in the office of commissioners;
directing the Division of Statutory Revision and Indexing to
conform language with the provisions of this act; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Education and Representatives Young
and Hutto-
HB 783 (cs)-A bill to be entitled An act relating to educa-
tion; amending sections 231.40(1)(c), and 231.48(2), Florida
Statutes, 1974 Supplement; clarifying application of terminal
pay provisions for instructional and non-instructional personnel;
providing terminal pay for administrative personnel; providing
an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 784-Withdrawn

By Representative Fontana-
HB 788-A bill to be entitled An act relating to criminal
law enforcement; amending s. 943.10(1), Florida Statutes, 1974
Supplement, relating to the Division of Standards and Train-
ing; redefining "police officer"; amending s. 943.22, Florida
Statutes, 1974 Supplement, relating to the salary incentive
program for such officers; deleting the definition of "local
unit" and "law enforcement officer" and conforming certain
provisions to the act; including certain elected law enforcement
officers within the salary incentive program; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Matthews-
HB 789-A bill to be entitled An act relating to presidential
electors; amending s. 103.021(3), Florida Statutes, providing
that political parties which are unable to pay the fees required
for nominating presidential candidates may have the 10 cent
per signature certification fee waived; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Avon-
HB 790-A bill to be entitled An act relating to public
officers and employees; creating s. 112.326, Florida Statutes,
providing a penalty for the filing of a false complaint with
the Commission on Ethics; providing an effective date.
-was read the first time by title and referred to the Select
Committee on Standards & Conduct.

HB 793 (cs)-Withdrawn

By the Committee on Health & Rehabilitative Services and
Representatives Kutun, Hazelton, Young, Bell, McKnight, Mar-
tin, Skinner, Belanger, Sheldon, Gordon, and T. Lewis-
HB 795-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; amending s. 402.-
17(3), Florida Statutes, requiring money received by the De-
partment of Health and Rehabilitative Services or by a director
for the care and maintenance of any patient or inmate to be
deposited in a trust fund for use by the department; deleting









JOURNAL OF THE HOUSE



the options to deposit such moneys to the general revenue
fund or to a trust fund requiring the approval of the Depart-
ment of Administration; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By the Committee on Health & Rehabilitative Services and
Representatives Kutun, Hazelton, Young, Bell, McKnight, Bel-
anger, Sheldon, Gordon, T. Lewis, Martin, and Skinner-
HB 796-A bill to be entitled An act relating to the Division
of Health; amending s. 381.061(9), Florida Statutes, requiring
the division to make quarterly health and sanitation inspec-
tions of all residential treatment centers and hospitals under
the control of the Department of Health and Rehabilitative
Services; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Health & Rehabilitative Services and
Representatives Kutun, Hazelton, Young, Bell, McKnight, Mar-
tin, Skinner, Belanger, Sheldon, Gordon, T. Lewis, and Gersten-
HB 797-A bill to be entitled An act relating to the De-
partment of Health and Rehabilitative Services; providing
definitions; requiring the Department of Health and Rehabili-
tative Services to establish a coordinated foster care program
for the maintenance and supervision of adults or children;
requiring the department to establish and implement a uni-
form schedule of foster care payments for all foster care
programs in the department; requiring and authorizing the
inclusion of certain items within such payments; requiring the
department to present a plan for the foster care program and
uniform schedule of payments to the 1977 legislative session;
providing effective dates.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Poole-
HB 799-SF-A bill to be entitled A proposal relating to
juveniles being treated as adults when charged with felony
offenses.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

HB 800-Withdrawn

By Representatives James, Poole, T. Lewis, Rude, Belanger,
Clem, Crabtree, Culbreath, Davis, Fechtel, Foster, Gallagher,
Grizzle, Hawkins, Hazelton, Healey, Johnson, Kiser, Mattox,
Maxwell, McDonald, Mixson, Moore, Neal, Nergard, Nuckolls,
Peaden, Poorbaugh, Price, Richmond, J. W. Robinson, Sheldon,
Smith, Williamson, and Young-
HJR 801-A joint resolution proposing an amendment to
Section 16 of Article III of the State Constitution relating to
legislative apportionment.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 802-Withdrawn

By Representative Foster-
HB 804-A bill to be entitled An act relating to candidates;
creating s. 99.194, Florida Statutes, requiring candidates to
reimburse the state or any political subdivision of the state
for its costs in removal of campaign or political signs erected
or otherwise displayed on any right-of-way of the state or
political subdivision; prohibiting the issuance of a certificate
of nomination or election to a successful candidate until he
pays such costs; prohibiting an unsuccessful candidate from
qualifying for any future office until he pays such costs;
permitting the state to claim a lien against the property of a
candidate who fails to pay such costs; providing an effective
date.



April 6, 1976



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



E OF REPRESENTATIVES 53

By Representative Fortune-
HB 808-A bill to be entitled An act relating to appropria-
tions; providing an annual contingency fund appropriation for
the use of each member of the Cabinet; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Fechtel and Hattaway-
HB 810-A bill to be entitled An act relating to the Seminole
County Expressway Authority; amending s. 348.951(1), Florida
Statutes, 1974 Supplement, redefining "authority" to include
the two municipal representatives as well as the board of
county commissioners; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Steinberg-
HB 812-A bill to be entitled An act relating to the Depart-
ment of Business Regulation; adding paragraph (c) to s. 20.-
16(3), Florida Statutes, creating a five-member Greyhound
Advisory Committee to be appointed by the Governor, to ad-
vise the Division of Pari-mutuel Wagering and the Depart.
ment of Business Regulation on matters relating to greyhound
racing; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Governmental
Operations, and Appropriations.

HB 816-Withdrawn

By Representative Nergard-
HB 820-A bill to be entitled An act relating to fishing;
authorizing the use of bush hook, trot line, or set line in
brackish- or salt water under certain circumstances; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representatives Fechtel, Nuckolls, and Burrall-
HB 821-A bill to be entitled An act relating to public
assistance recipients; requiring registration by such recipients
with the Work Incentive Program under the Department of
Health and Rehabilitative Services and with the Bureau of
Employment Services of the Division of Employment Security
of the Department of Commerce; providing for employment
of such recipients by tax-supported agencies; providing pro-
cedures and standards for such employment; providing that
any person who refuses to report for or to diligently perform
such work shall be ineligible for public assistance; providing
for a payment to defray costs by the employing agency; provid-
ing for volunteer programs to supplement such work programs;
authorizing the Department of Health and Rehabilitative Ser-
vices and the Department of Commerce to promulgate rules;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representatives Fechtel and Nuckolls-
HB 822-A bill to be entitled An act relating to unemploy-
ment compensation recipients; requiring registration by such
recipients; providing for employment of such recipients by
tax-supported agencies; providing procedures and standards
for such employment; providing that any person who refuses
to report for or to diligently perform such work shall be
ineligible for unemployment compensation; providing for pay-
ments to defray costs by the employing agency; providing for
volunteer programs to supplement such work programs; author-
izing the Department of Commerce to promulgate rules; pro-
viding an effective date.








54 JOURNAL OF THE HOUSE

By Representative Gersten-
HB 826-SF-A bill to be entitled A proposal relating to ad
valorem taxation.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

HB 827-Withdrawn

By Representative Crabtree-
HB 828-A bill to be entitled An act relating to wills;
creating s. 736.315, Florida Statutes, providing that any person
over 18 years of age and of sound mind may provide for the
disposition of his body by will and this disposition shall have
the same force and effect as any other portion of his will;
providing that such a disposition takes effect upon the death of
the testator without awaiting probate; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Crabtree, Considine, Burrall, and Avon-
HB 829-A bill to be entitled An act relating to mobile home
park landlords and tenants; amending s. 83.70(3)(a) and (4),
Florida Statutes, 1974 Supplement; requiring written dis-
closure of rents prior to a mobile home dweller's assuming
occupancy in a park; requiring written notice of rent increases
to be given to all park tenants at least 60 days prior to the
date of implementation of the increase; providing that non-
disclosure of rents is a bar to collection of same and a bar to
eviction for refusal to pay same; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives J. W. Robinson and Burrall-
HB 830-A bill to be entitled An act relating to pari-mutuel
wagering; creating s. 550.075, Florida Statutes, prohibiting
racetrack or fronton permit holders from cashing welfare
checks issued pursuant to s. 409.235, Florida Statutes, at a race-
track or fronton; providing a civil penalty; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Nuckolls-
HB 832-A bill to be entitled An act relating to witnesses;
providing that anyone appearing as a witness cannot lose
his employment because of the nature or length of service as
a witness; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Poole-
HB 833-A bill to be entitled An act relating to post-
secondary education; creating section 241.75, Florida Statutes,
prohibiting certain types of advertising by public universities
and community colleges; providing for exceptions; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representatives Becker, McKnight, Gersten, and Flynn-
HB 834-A bill to be entitled An act relating to the auto-
motive repair business; providing for licensing and regulation;
providing procedures for issuance of licenses; prohibiting cer-
tain practices; providing an administrative penalty and civil
remedy; providing for enforcement; providing injunctive relief
and civil remedy; authorizing attorney's fees; providing sever-
ability; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.



I



OF REPRESENTATIVES April 6, 1976

By Representative Easley-
HB 836-A bill to be entitled An act relating to elections;
amending s. 99.092(1), Florida Statutes, 1975, changing the
filing fees of candidates; amending s. 103.121(1)(g), Florida
Statutes, changing the amount of the assessment by the execu-
tive committee; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.



By Representatives Boyd, Davis, Hawkins, Mann, Papy,
Moore, and McKnight-
HB 837-A bill to be entitled An act relating to impact fees;
providing a short title; providing legislative intent and pur-
pose; providing definitions; providing authority to impose
impact fees; providing requirements and limitations; providing
for collection and expenditure of impact fees; providing speci-
fied powers and duties of the Department of Community Af-
fairs; providing an appropriation; providing severability; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Watson and Gorman-
HB 839-A bill to be entitled An act relating to the me-
chanics' lien law; amending s. 713.05, Florida Statutes, adding
subsubcontractors to the list of persons who may come into
privity with an owner after having furnished labor, services, or
materials and shall have a lien for any money owing on such
labor, services, or materials; amending s.713.06(1) and (3)(h),
Florida Statutes, providing that subsubcontractors who comply
with the requirements of part I of chapter 713, Florida Stat-
utes, who are not privity with an owner may have a lien on
real property improved for money owing; providing an effec-
tive date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 840-Withdrawn

By Representatives Batchelor, Hagan, Gorman, Matthews, and
Fulford-
HB 841-A bill to be entitled An act relating to taxation;
providing for the levy of a local option resort tax by any
county within the state; providing for and requiring a refer-
endum as a prerequisite to the levy; providing for payment
and collection of the tax; providing for reports to the county
tax collectors and the Department of Revenue; authorizing the
expenditure of collections for the promotion of tourism-related
facilities; authorizing the pledging of funds collected as se-
curity for bonds; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Hutto-
HB 842-A bill to be entitled An act relating to juveniles;
creating s. 39.125, Florida Statutes, authorizing news dissem-
inating agencies to publish the names of juveniles and their
parents or guardians in connection with violations of law
alleged to have been committed by such juveniles; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

HB 843-Withdrawn

By Representative Bloom-
HB 845-A bill to be entitled An act relating to the trans-
portation of school children; amending s. 234.01, Florida Stat-
utes; providing that state funds be paid under certain cir-
cumstances for the transportation of pupils whose homes are
within 2 miles from the nearest appropriate school; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.








JOURNAL OF THE HOUSI



By Representatives Conway, Hodes, and Craig-
HB 848-A bill to be entitled An act relating to the Depart-
ment of Education; amending s. 110.051(2)(e), Florida Statutes,
exempting certain members of the professional staff of the
department from the career service system; amending s. 216.-
251(2)(a), Florida Statutes, requiring the State Board of Edu-
cation to approve a classification and pay plan for certain
members of the professional staff of the department; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Hutto-
HB 849-A bill to be entitled An act relating to civil actions
for libel; amending ss. 770.01, 770.02, and 770.03, Florida Stat-
utes, providing that notice be given precedent to an action or
prosecution for libel or for false or misleading statement based
upon publication by broadcast; providing that if a broadcast
has been made in good faith and by honest mistake, a correc-
tion, apology, or retraction at a comparable time permits the
plaintiff to recover only actual damages; providing for ex-
ception to the right of an owner, lessee, licensee, or operator
to require submission of a written copy of any statement to
be broadcast; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Campbell-
HB 850- A bill to be entitled An act relating to the Depart-
ment of Professional and Occupational Regulation; providing
legislative intent; requiring the department to develop a uni-
form license form which includes information which an ag-
grieved consumer may use to file a complaint against a prac-
titioner licensed by the department; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Campbell-
HB 851-A bill to be entitled An act relating to administra-
tive boards; creating s. 455.013, Florida Statutes, defining "good
moral character" when used as a requirement for a professional
or occupational license; providing that a judgment of guilt
in a prosecution is only evidence of a lack of good moral
character; prohibiting the use of an arrest record without
prosecution as evidence of lack of good moral character; pro-
viding for administrative adjudication and for judicial review;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Poorbaugh-
HB 852-A bill to be entitled An act for the relief of Virgel
Spires, Okeechobee, Okeechobee County; providing an appro-
priation to compensate him for damages sustained as a result
of directives by the Department of Health and Rehabilitative
Services; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Peaden-
HB 853-A bill to be entitled An act relating to consumer
protection; requiring corporations that issue credit cards to
grant credit card acceptance rights to all qualified retail deal-
erships selling petroleum products to commercial trucking which
apply for such rights; providing that violation be deemed an
unfair trade practice under chapter 501, Florida Statutes; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Peaden-
HB 854-A bill to be entitled An act relating to Escambia
and Santa Rosa Counties; providing that the Boards of County



April 6, 1976



E OF REPRESENTATIVES 55

Commissioners of Escambia and Santa Rosa Counties shall not
impose or collect ad valorem taxes on property on Santa
Rosa Island due prior to January 1, 1974; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Forbes-
HB 856-A bill to be entitled An act relating to per diem,
sustenance allowances, and travel expenses for judges of the
District Courts of Appeal; amending s. 35.19, Florida Stat-
utes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Forbes and Steinberg-
HB 859-A bill to be entitled An act relating to insurance;
repealing ss. 624.503 and 624.508(3), Florida Statutes; elimi-
nating reduction of license tax for a partial year certificate of
authority; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Forbes-
HB 860-A bill to be entitled An act relating to county
depositories; amending ss. 136.02(1)-(3), 136.07, 136.08, Florida
Statutes; providing that the clerk of the circuit court of the
county replace the Department of Banking and Finance as
the agency responsible for maintaining records of collateral
provided by county depositories; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representative G. C. Robinson-
HB 863-A bill to be entitled An act relating to state law
enforcement patrol vehicles; directing the Division of Florida
Highway Patrol and the Game and Fresh Water Fish Com-
mission to install a mesh screening device in 80 percent of
their marked patrol vehicles; providing an appropriation; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By the Committee on Criminal Justice and Representatives
Lehman and Gordon-
HB 864 (cs)-A bill to be entitled An act relating to drug
abuse; amending s. 893.13(1) (a)-(c), Florida Statutes, provid-
ing mandatory term of imprisonment before parole for the sale,
manufacture, or delivery of or the possession with intent to
sell, manufacture or deliver certain controlled substances; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Haben-
HB 865-A bill to be entitled An act relating to disqualifi-
cation of judges; amending s. 38.10, Florida Statutes, to allow
any party to request by motion a transfer of any cause once
as a matter of right, without cause, to another judge; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative T. Lewis-
HB 867-A bill to be entitled An act relating to school
buildings; amending s. 235.33, Florida Statutes, providing ex-
ceptions to the requirement that the school board shall neither
authorize nor make payments to a contractor in excess of 90
percent of the amount due on the contract; providing for
amounts and percentage of retainage on payments of con-








56 JOURNAL OF THE HOUSE

struction contracts; directing the school board to make pay-
ment in full within a certain time period; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 869-Withdrawn

By Representative Mann-
HB 870-A bill to be entitled An act relating to the Florida
Environmental Land and Water Management Act of 1972;
adding s. 380.06(4)(c), Florida Statutes; providing a filing fee
for each type of binding letter of interpretation; providing for
deposit in the General Revenue Fund; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Young-
HB 872-A bill to be entitled An act relating to nonpublic
educational and training institutions; amending s. 246.131, Flor-
ida Statutes, prohibiting schools that have not obtained a
license or schools that are under an injunction against operating
from advertising for students; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 873-Withdrawn

By Representative Hagan-
HB 876-A bill to be entitled An act relating to charity
racing days; amending s. 550.03(2)(c), Florida Statutes, 1975,
authorizing the Board of Business Regulation to extend the
time limitations for horse or dog racing or jai alai operation
in Orange and Seminole Counties, the proceeds of which shall
go to Valencia Community College; adding paragraph (j) to
subsection (2) of s. 550.03, Florida Statutes, 1975, authorizing
an additional charity day at the Volusia County Jai Alai
Frontons, the proceeds of which are to go to the Daytona
Beach Community College; adding paragraph (k) to subsec-
tion (2) of s. 550.03, Florida Statutes, 1975, authorizing an
additional charity day at the Volusia County Jai Alai Frontons,
the proceeds of which are to go to the Lake Sumter Community
College; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Foster-
HB 878-A bill to be entitled An act for the relief of the
City of Temple Terrace; providing an appropriation to com-
pensate the city for damages incurred as a result of legal
and court costs expended against the Department of Health
and Rehabilitative Services; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

HB 879-Withdrawn

By Representative Steinberg-
HB 880-A bill to be entitled An act relating to consumer
credit reports; creating s. 770.11, Florida Statutes; providing
definitions; providing that the publication of false informa-
tion in a consumer credit report by a consumer reporting
agency is libelous; providing that the oral communication of
false information in a consumer credit report is slanderous;
providing recovery for willful and negligent publication or
oral communication; permitting mitigation of certain error by
correction and apology; providing for equitable relief; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.



S]



E OF REPRESENTATIVES April 6, 1976

By the Committee on Commerce and Representative Stein-
berg-
HB 881 (cs)-A bill to be entitled An act relating to land
sales; amending section 478.23(1), Florida Statutes, deleting the
90 day refund privilege applicable to long distance telephone
land solicitations; providing a ten day unconditional refund
privilege and a six month inspection refund privilege regard-
less of method of solicitation; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Young-
HB 882-A bill to be entitled An act relating to public school
personnel; amending s. 231.40(1)(b), Florida Statutes, 1974
Supplement, authorizing district school boards to permit 4
days of sick leave annually to be used for personal reasons;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Coolman-
HB 883-A bill to be entitled An act relating to elevators;
amending s. 823.12, Florida Statutes, 1974 Supplement, pro-
hibiting any person from carrying any type of ignited tobacco
product or other ignited substance while entering or occupy-
ing an elevator; amending s. 399.07(8), Florida Statutes, 1974
Supplement, to require that certain elevator certificates con-
tain information apprising persons of said prohibition and of
the penalty therefore; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Redman-
HB 885-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(15), Florida Statutes,
1975, including pilots who engage in certain low altitude
flying within the definition of special risk member for pur-
poses of the Florida Retirement System; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Redman-
HB 886-A bill to be entitled An act relating to campaign
financing; amending s. 106.25(2), Florida Statutes, 1974 Supple-
ment, requiring the Department of State to provide any candi-
date, political committee, or state executive committee of any
political party charged with a violation of the campaign financ-
ing laws with a copy of the charges prior to any proceeding on
such charges before the Elections Commission; amending s.
106.251(3) and (4), Florida Statutes, 1974 Supplement, requir-
ing the Department of Legal Affairs and the Elections Commis-
sion to provide a copy of such charges in certain circumstances;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Redman and Blackburn-
HB 887-A bill to be entitled An act relating to public
buildings; adding subsection (6) to s. 255.25, Florida Statutes,
1975, requiring state agencies to comply with county and munici-
pal zoning ordinances in the construction, lease, or purchase of
public buildings; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Boyd-
HB 889-SF-A bill to be entitled A proposal relating to
disclosure of information regarding juvenile offenders.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.









JOURNAL OF THE HOUSE



HB 891-Withdrawn
By Representatives Richard and Smith-
HB 895-A bill to be entitled An act relating-to service of
process; amending s. 48.021, Florida Statutes, authorizing the
Governor to appoint as many elisors as he deems necessary
to serve process in the state; requiring a bond; providing a
penalty; amending s. 113.07(2), Florida Statutes, exempting
elisors from certain bonding requirements; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Criminal Justice and Representative
Richard-
HB 896 (cs)-A bill to be entitled An act relating to hand-
guns; adding subsections (14) and (15) to s. 790.001, Florida
Statutes, defining "dealer" and "handgun" respectively; creat-
ing s. 790.27, Florida Statutes, prohibiting delivery of a hand-
gun by a dealer to a purchaser within 72 hours of a purchase
order; requiring dealers to maintain records; prohibiting a per-
son from engaging in the business of selling firearms after con-
viction of a violation of said section; providing penalties; pro-
viding exemptions for certain sales; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Conway-
HB 899-SF-A bill to be entitled A proposal relating to the
Model Sentencing Act.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

HB 901-Withdrawn

By Representatives Hill and Gersten-
HB 902-A bill to be entitled An act relating to public em-
ployee group health insurance benefit programs; amending
s. 112.075(1)(b), (2), (3)(a), and (7)(a) and (c), Florida Stat-
utes, 1974 Supplement, providing a definition of "dependent"
and including dependents of state officers and employees with-
in the coverage of the state group insurance program; pro-
viding that the payment for the cost of coverage for such
dependents from state funds is optional with each agency;
amending s. 112.08, Florida Statutes, authorizing governmental
agencies to provide group insurance for the dependents of offi-
cers and employees of such agencies; amending s. 112.12, Florida
Statutes, 1974 Supplement, authorizing governmental agencies
to pay all or part of the costs of such dependents' coverage;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Hill-
HB 903-A bill to be entitled An act relating to elections;
amending s. 97.041(1), Florida Statutes, 1974 Supplement, re-
quiring proof of citizenship as a prerequisite to voter registra-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives Smith, McKnight, Batchelor, and Gers-
ten-
HB 905-A bill to be entitled An act relating to community
colleges; adding subsection (8) to s. 230.753, Florida Statutes,
providing for selection and qualifications of a student to be
included in the membership of each community college board
of trustees; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



April 6, 1976



OF REPRESENTATIVES 57

By the Select Committee on Military & Veterans Affairs and
Representative Belanger-
HB 907 (cs)-A bill to be entitled An act relating to
veterans; creating s. 292.045, Florida Statutes, creating the
Joint Veterans' Advisory Council of Florida within the Division
of Veterans' Affairs of the Department of Community Affairs;
providing that membership shall be the heads of certain state
veterans' organizations; repealing s. 292.04, Florida Statutes, to
abolish the Council on Veterans' Affairs of the Division of
Veterans' Affairs; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 908-Withdrawn

By Representatives Bloom and Gordon-
HB 910-A bill to be entitled An act relating to hospitals;
creating s. 395.19, Florida Statutes, requiring hospitals main-
taining emergency department facilities to operate such facili-
ties 24 hours a day, 7 days a week; providing for the coordi-
nation of emergency services to insure provision and avail-
ability of emergency care in each region; requiring main-
tenance of two-way radio communication with certain ambu-
lances; requiring written provision for emergency attendance
by one or more physicians; requiring adequate staff; providing
a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

HB 911-Withdrawn

By Representatives Mixson and Hector-
HB 913-A bill to be entitled An act relating to the retail
installment sales act; amending s. 520.32, Florida Statutes, by
adding subsection (3); to provide an exemption from obtaining
a license or paying a fee for certain retail sellers; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Melvin-
HB 914-A bill to be entitled An act relating to the invest-
ment of state funds; amending s. 215.47(2) and (3), Florida
Statutes, authorizing increased investment of state funds in
notes secured by first mortgages on Florida real property, and
extending the authorization to include mortgages insured or
guaranteed by approved private mortgage companies; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Conway-
HB 915-A bill to be entitled An act relating to the auditor
general; creating s. 11.455, Florida Statutes, providing that every
trust account of every attorney, partnership, and professional
association practicing law in Florida be audited annually; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary, Finance & Taxation, and Appropriations.

By Representative Hodes-
HB 916-A bill to be entitled An act relating to education;
amending s. 230.7601, Florida Statutes; establishing policy re-
lating to classroom instruction in community colleges; pro-
viding that community college boards of trustees shall pro-
mulgate procedures for establishment of minimum and maxi-
mum class contact hours by community colleges; amending
s. 241.73, Florida Statutes; establishing policy relating to class-
room instruction in institutions under the Board of Regents;
providing that the Board of Regents shall promulgate proce-
dures for establishment of minimum and maximum class con-
tact hours by such institutions; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Hodes-
HB 917-A bill to be entitled An act relating to education;
amending s. 230.753(7), Florida Statutes, limiting the term of
appointment of community college presidents; providing for
reappointment after performance review; providing said presi-
dents with faculty rank and tenure; providing for removal of
a president; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 918-Withdrawn

HB 919-Withdrawn

By Representative Johnson-
HB 920-A bill to be entitled An act relating to teacher
education; providing for a full school year student teaching
internship; providing definitions; providing legislative intent;
creating s. 229.58, Florida Statutes, providing for the evalua-
tion and assessment of the student teacher interns; amending
s. 231.16, Florida Statutes, to permit the State Board of Educa-
tion to require a full school year internship as a condition of
certification; amending s. 231.17, Florida Statutes, to require a
full year internship or the equivalent as a condition of certifi-
cation; creating s. 236.0865, Florida Statutes, to provide for
paying student teacher interns according to the Rank IV teacher
salary schedule; adding subsection (5) to s. 240.052, Florida
Statutes, to require a period of supervised observation in a
school before a degree candidate may be admitted to a college
of education; creating s. 241.75, Florida Statutes, providing for
the supervision of student teacher interns by college faculty;
providing for the funding of college faculty assigned to district
school system teacher centers; providing an effective date and
schedule for implementation.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Johnson-
HB 921-A bill to be entitled An act relating to municipal
territorial limits; adding subsection (3) to s. 171.042, Florida
Statutes, as amended; providing that prior to annexation
proceedings by a municipality the governing body of the muni-
cipality must send a copy of a required zoning report to the
Board of County Commissioners; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Johnson-
HB 923-A bill to be entitled An act relating to schools;
amending s. 231.07, Florida Statutes, relating to unlawful dis-
orderly conduct with respect to school personnel, property, or
activities, to remove the present exemption of pupils and per-
sons who are otherwise subject to rules and regulations of the
school; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Johnson-
HB 924-A bill to be entitled An act relating to compul-
sory school attendance; amending s. 232.06(1), Florida Statutes,
permitting a county health officer, a licensed physician, or a
qualified psychological examiner in any county to submit a
statement to the school superintendent certifying a child to be
physically or mentally incapable of attending school; removing
the requirement that the county health officer be a licensed
physician in order to so certify a child; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Health & Rehabilitative Services and
Representatives Davis, Pajcic, Richard, and Conway-
HB 926 (cs)-A bill to be entitled An act relating to sen-
tencing; providing for the creation of a Sentence Review



Commission for the purpose of reviewing all sentences ren-
dered in the state each month for substantial disparities be-
tween two sentences for the same crime; providing for the
membership of the commission, terms of office, and compensa-
tion; providing for the selection of a chairman of the commis-
sion; directing the Division of Electronic Data Processing of the
Department of General Services to develop a data processing
system to provide the commission with certain information; re-
quiring the commission to report to the Legislature each regular
session; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Haben-
HB 927-A bill to be entitled An act for relief of the heirs
of Diane Meier; providing an appropriation to compensate for
the tragic death of Diane Meier in an accident caused by the
negligence of the Department of Transportation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Haben-
HB 928-A bill to be entitled An act for relief of the heirs
of Thomas E. Moyes; providing an appropriation to compen-
sate for the tragic death of Thomas E. Moyes in an accident
caused by the negligence of the Department of Transportation;
providing for an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Hieber-
HB 929-A bill to be entitled An act relating to child
abuse; amending s. 827.05, Florida Statutes, 1975, adding to
the acts which constitute negligent treatment of children and
increasing the penalty for such treatment; amending s. 827.-
07(1)(b), (4) and (11), Florida Statutes, 1975, adding to the
acts which constitute child abuse; requiring persons who be-
lieve a child may be subject to abuse to report such belief to the
Department of Health and Rehabilitative Services; increasing
the penalty for knowing or willful violations of law relating
to child abuse; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

HB 930 (cs)-Withdrawn

By Representative Johnson-
HB 934-A bill to be entitled An act relating to intangible
property tax exemption; amending s. 199.072(3), Florida Stat-
utes, 1974 Supplement, authorizing agents and fiduciaries filing
tax returns as such to claim the intangible personal property
tax exemption on behalf of their principals or beneficiaries;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Hector, Hutto, and Kiser-
HB 936-A bill to be entitled An act relating to the Division
of Purchasing; amending s. 287.032, Florida Statutes; providing
for an annual performance audit and report; requiring report
be submitted to the Legislative Auditing Committee within 60
days after response to audit by affected agency; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 938-Withdrawn

HB 939-Withdrawn

By Representatives Hector, Hutto, and Kiser-
HB 940-A bill to be entitled An act relating to motor
carriers; amending s. 323.05(2), Florida Statutes, providing that



58



April 6, 1976








JOURNAL OF THE HOUSE



road taxes imposed on motor vehicles for hire be collected by
the Public Service Commission; revising language for clarity;
deleting the requirement that for hire permits be renewed
annually; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Hector, Hutto, and Kiser-
HB 942-A bill to be entitled An act relating to motor ve-
hicles; amending ss. 316.064(3), 316.066(1), (3), 322.20(2), 322.-
27(1)(b), 324.051(1), Florida Statutes; amending s. 318.19(1),
Florida Statutes, 1974 Supplement; providing that accident re-
ports be filed and requiring appearance before a designated
official if there is total property damage of $200 or more;
providing a 10-day time period in which to file such reports;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Hector, Hutto, and Kiser-
HB 943-A bill to be entitled An act relating to corporations;
amending s. 607.361(2), Florida Statutes, 1975; increasing the
annual report filing fee for profit and nonprofit corporations;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Governmental Operations and Repre-
sentatives Hector and Kiser-
HB 944 (cs)-A bill to be entitled An act relating to
security; amending s. 20.22(2)(g) and (h), Florida Statutes,
1974 Supplement, and adding paragraph (i) to said subsection;
establishing the Division of Security of the Department of
General Services; creating part IV of chapter 287, Florida
Statutes; providing powers and duties of the Division of Secur-
ity; providing for employment of security agents, guards, and
other personnel; limiting investigations; providing for arrests;
providing for ex officio security agents; authorizing contracts
with local governments or licensed private security agencies;
providing for equipment; providing a penalty; requiring bond-
ing of officers and agents; providing for the deposit of moneys
collected from parking meters; providing for the adoption of
rules relating to traffic regulation; transferring personnel and
equipment of the legislative security force and the security
guards of the Division of Building Construction and Property
Management of the Department of General Services to the
division; repealing ss. 272.13, 272.14, and 272.15, Florida Stat-
utes, relating to the security of the capitol center area; adding
subsection (4) to s. 943.04, Florida Statutes, 1974 Supplement;
providing for additional duties of the Division of Law Enforce-
ment of the Department of Criminal Law Enforcement; provid-
ing severability; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Hector and Kiser-
HB 945-A bill to be entitled An act relating to the Depart-
ment of Highway Safety and Motor Vehicles; amending s. 320.-
011(1), Florida Statutes, authorizing enforcement deputies to
issue a citation for failure to purchase the appropriate license;
repealing s. 320.58, Florida Statutes, relating to license inspec-
tors; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 946-Withdrawn

By the Committee on Health & Rehabilitative Services and
Representatives McKnight and Gersten-
HB 948 (cs)-A bill to be entitled An act relating to
psychotic and emotionally disturbed children; providing for pur-
chase of services of approved residential facilities; providing
definitions; providing for administration by the Department of
Health and Rehabilitative Services; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



April 6, 1976



OF REPRESENTATIVES 59

HB 950-Withdrawn

HB 951-Withdrawn

By Representative Nelson-
HB 952-A bill to be entitled An act relating to water man-
agement districts; adding subsection (4) to s. 373.083, Florida
Statutes, authorizing the governing boards of the water man-
agement districts to review water management plans, systems
and practices of water management districts formed under
chapter 298, Florida Statutes, and of water management dis-
tricts or districts with authority over the management of
water created by special act; requiring such districts to make
any changes requested by the governing boards; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

MR. MOFFITT IN THE CHAIR-

By Representatives Forbes, Tolton, and G. C. Robinson-
HB 953-A bill to be entitled An act relating to the sales
tax; adding a new subsection (10) to s. 212.08, Florida Stat-
utes, 1974 Supplement; exempting from such tax the sale of
a motor vehicle to a resident of another state; prescribing con-
ditions for entitlement to such exemption; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Natural Resources and Representatives
Gallagher, Kiser, Moore, Price, Belanger, Hieber, Easley, Wil-
son, McDonald, Grizzle, and Margolis-
HB 954 (cs)-A bill to be entitled An act relating to water
management districts, study commission; creating the 1976-1977
Water Management Study Commission; providing for appoint-
ment of members; prescribing duties; providing for assistance
by water management districts; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 955-Withdrawn

By Representative Maxwell-
HB 957-A bill to be entitled An act relating to jai alai;
adding paragraph (j) to subsection (2) of s. 550.03, Florida
Statutes, as amended, authorizing the Board of Business Regu-
lation to provide an additional charity day of operation at
jai alai frontons in Brevard County, the proceeds of which shall
go to the United Way of Brevard County, Brevard Community
College, Florida Institute of Technology, and to the Harbor
City Volunteer Ambulance Squad; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Papy-
HB 959-A bill to be entitled An act relating to the assess-
ment of agricultural lands; amending s. 193.461(6) (a), Florida
Statutes, to provide that the property appraiser shall not take
fences around agricultural land into consideration when as-
sessing the value of such land; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives Smith and Davis-
HB 961-A bill to be entitled An act relating to thefts from
merchants; providing definitions; making persons who remove
merchandise civilly liable; making parents or guardians of
minors civilly liable for the minor's theft from merchants;
providing for merchants to request merchandise be kept in
full view; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.








60 JOURNAL OF THE HOUSE

By Representatives Poole and Andrews-
HB 962- A bill to be entitled An act relating to the regula-
tion of major transmission lines; creating the Florida Electrical
Transmission Line Act; providing legislative intent; providing
definitions, establishing powers of the Public Service Commis-
sion; providing that this act shall apply to all major transmis-
sion lines; providing procedures for permitting; providing for
review and public hearings; providing that applications shall
be acted upon within 150 days; providing that the regulation
of major transmission lines is preempted by the state; pro-
viding that a permit under this act is final state approval for
the lines; providing for revocation of approval; providing for
judicial review; providing for severability; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Growth & Energy and Appropriations.

By Representatives Gersten and Davis-
HB 964-A bill to be entitled An act relating to criminal
justice; amending s. 903.03, Florida Statutes, as amended; pro-
viding for release on recognizance; creating ss. 903.025, 903.031
-903.035, Florida Statutes; defining "release on recognizance";
providing conditions of such release; providing for appellate
review of conditions of release; providing penalties; providing
standards for money bail; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By the Committee on Education and Representatives Bloom,
Sheldon, Gersten, Gordon, Coolman, Davis, and Neal-
HB 965 (cs)-A bill to be entitled An act relating to educa-
tion; providing the intent of the Legislature is that schools not
perpetrate stereotypical preconceptions of persons through the
instructional staff or instructional materials; providing an ef-
fective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Mixson-
HB 966-A bill to be entitled An act relating to parole
and probation; amending s. 947.16(1), Florida Statutes, 1974
Supplement, providing minimum terms which must be served
as prerequisite for eligibility for parole of certain offenders;
deleting provisions relating to interview of inmates by the
commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Mixson, Grosse, Craig, Williams, James,
Sheldon, J. W. Robinson, Easley, Nergard, Hazelton, J. R. Clark,
Langley, and Avon-
HB 967-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(15), Florida Statutes,
1975, redefining the term "special risk member" with regard
to the Florida Retirement System; clarifying the meaning
of the term "correctional agency employee"; adding paragraph
(c) to s. 121.081(2), Florida Statutes, 1974 Supplement, author-
izing members who become special risk members of the sys-
tem to get credit for prior service under certain circumstances;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Smith-
HB 973-A bill to be entitled An act relating to elections;
adding a new subsection (3) to s. 106.08, Florida Statutes, pro-
viding for the return of contributions at the time a candidate
announces for a different public office; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.



IE



HB 976-Withdrawn



OF REPRESENTATIVES April 6, 1976

HB 977-Withdrawn

By Representative J. W. Robinson-
HB 978-A bill to be entitled An act relating to juveniles,
judicial treatment; adding paragraph (d) to s. 39.02(5), Florida
Statutes, providing that a circuit court judge shall waive juris-
diction and certify any child adjudicated a delinquent for a
second felony offense to trial as an adult; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

HB 979-Withdrawn

HB 982-Withdrawn

HB 983-Withdrawn

By Representative Bloom-
HB 986-A bill to be entitled An act relating to federal
liaison; creating the office of a full-time representative of
the State of Florida to be located in Washington, D. C.; pro-
viding for a director and an assistant director; providing duties;
providing for semiannual reports; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Criminal Justice and Representatives
Williams and Nergard-
HB 989 (cs)-A bill to be entitled An act relating to civil
and criminal actions against law enforcement officers; providing
a definition; providing for payment of legal costs and at-
torney's fees in certain situations; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Williams-
HB 991-A bill to be entitled An act relating to county
boundaries; amending ss. 7.10 and 7.16, Florida Statutes, de-
fining the boundaries of Clay and Duval Counties; providing
an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Campbell, Healey, Mann, Gersten, Leh-
man, Avon, and Adams-
HB 994-A bill to be entitled An act relating to mobile home
parks; adding subsection (8) to s. 83.70, Florida Statutes, 1974
Supplement, prohibiting mobile home park owners and operators
from charging an additional fee based upon the number of
children a tenant has; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Campbell-
HB 995-A bill to be entitled An act relating to the Depart-
ment of Professional and Occupational Regulation; adding sub-
section (14) to s. 20.30, Florida Statutes, as amended, requiring
the Governor to appoint a public member to each examining
and licensing board under the Division of Occupations; pro-
viding for an increase in board membership for certain boards
with fewer than five members; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Eckhart and Gersten-
HB 997-A bill to be entitled An act relating to tax on sales;
adding paragraph (1) to s. 212.08(7), Florida Statutes, 1974








JOURNAL OF THE HOUSE



Supplement, exempting from the retail sales tax the sale of
each item of clothing or personal attire which is sold for a
retail price of $19.99 or less; providing exceptions; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Healey and Mann-
HB 998-A bill to be entitled An act relating to witnesses;
amending s. 90.141, Florida Statutes, providing mileage allowance
for certain law enforcement officers traveling in personally
owned automobiles and appearing as witnesses in their own
jurisdiction; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Morgan and Adams-
HB 1002-A bill to be entitled An act relating to motor
vehicle licenses; amending s. 320.015, Florida Statutes, pro-
viding that a mobile home is not subject to a motor vehicle
license tax during a period of transportation when the buyer
of the mobile home intends to affix the mobile home to real
property owned by the buyer; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Easley-
HB 1003-A bill to be entitled An act relating to the Munici-
pal Firemen's Pension Trust Fund; amending s. 175.111, Florida
Statutes, 1975, requiring insurance companies insuring property
within municipal limits of municipalities covered by the fund
or outside of the municipal limits when covered by the mu-
nicipal fire department to submit the name of the fire depart-
ment protecting the insured property along with the required
annual report; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Wilson-
HB 1005-A bill to be entitled An act relating to driver
education; amending s. 231.471(1), Florida Statutes, authorizing
district school boards to hire noncertified persons to teach
driver education courses; amending s. 233.063(3)(b), Florida
Statutes, 1975, to authorize district school boards to charge
a tuition fee for driver education courses when the state
funding allocation is insufficient to cover the cost of operating
the program; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education, Finance & Taxation, and Appropriations.

HB 1006-Withdrawn

By Representative J. W. Robinson-
HB 1009-A bill to be entitled An act relating to public
officers; creating s. 116.015, Florida Statutes; providing that,
following certain procedures, the unknowing receipt of counter-
feit money be considered an ordinary office operating expense;
providing for refund of such expense; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

HB 1011-Withdrawn

HB 1012 (cs)-Withdrawn

HB 1014-Withdrawn

By Representative Gordon-
HB 1019-A bill to be entitled An act relating to marriage
licenses; amending s. 741.06, Florida Statutes, to provide that
no marriage license may be issued to those under the age of



April 6, 1976



OF REPRESENTATIVES 61

16 years, whether male or female, except at the discretion of
the county court judge, upon sworn application that appli-
cants are the parents or expectant parents of a child; con-
forming section to new age of majority rights; providing an
effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Eckhart-
HB 1021-A bill to be entitled An act relating to general
penalties; amending s. 775.082(4)(b), Florida Statutes, 1974
Supplement; providing that, when a person is sentenced to a
term of imprisonment for a misdemeanor of the second degree,
the term is to be not less than 10 days; amending s. 775.-
083(1)(e), Florida Statutes, 1974 Supplement; providing that,
when a fine is imposed for a misdemeanor of the second degree
or a noncriminal violation, the fine is to be not less than $100;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Davis-
HJR 1022-A joint resolution proposing an amendment to
Sections 10 and 11 of Article V of the State Constitution re-
lating to the selection and terms of justices and judges.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative McDonald-
HB 1023-A bill to be entitled An act relating to initiative
procedures; providing procedures for amendment to the State
Constitution by initiative; requiring submission of a certified
copy of the complete text of any proposed amendment to the
Secretary of State prior to circulation of a petition; requiring
the Secretary of State to prepare summaries for proposed
amendments of a certain length and to adopt a form for peti-
tions to amend the State Constitution; requiring the proponents
of an amendment to transmit the petition therefore to the sev-
eral Supervisors of Elections for verification and certification
of signatures; requiring the Secretary of State to determine
if all requirements have been met; prohibiting persons from
forging signatures or falsifying a petition; providing a penalty;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Education and Representatives Single-
ton, Bloom, Grizzle, Campbell, and Crenshaw-
HB 1024 (cs)-A bill to be entitled An act relating to edu-
cation; amending s. 232.255, Florida Statutes, 1974 Supplement,
replacing the Safe Schools Act of 1973; providing for an alter-
native program fund; providing legislative intent; providing
for submission of proposed alternative education programs by
district school boards; providing for technical assistance, pro-
gram approval, and distribution of funds by the Department of
Education; providing for annual reporting by the department
concerning funded programs; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By the Committee on Education and Representatives Single-
ton, Bloom, Grizzle, Campbell, and Crenshaw-
HB 1025 (cs)-A bill to be entitled An act relating to the
district school system; providing definitions; adding paragraph
(n) to s. 229.053(2), Florida Statutes, providing for the adoption
of guidelines by the State Board of Education to be used by
district school boards in promulgating rules governing student
conduct and discipline; adding a new paragraph (a) to s. 230.-
22(1), Florida Statutes, 1974 Supplement, providing for pro-
mulgation of rules governing student conduct and discipline
by district school boards; amending s. 230.23(6)(c), Florida
Statutes, 1974 Supplement; including expulsion of pupils as a
means of control; providing due process procedures for deter-
mining cases recommended for expulsion; amending s. 232.26,
Florida Statutes; authorizing the principal, after due process,
to suspend a student for no more than 10 days, with certain








JOURNAL OF THE HOUSE



limitations, or assign him to an alternative program for an
unlimited period in accordance with the rules of the school
board; providing grounds for expulsion; providing for detailed
reports thereon; authorizing principals to suspend any student,
after due process, from riding on a school bus for a period not
exceeding 10 days; providing for notice to the superintendent
and parents or guardians; removing provisions relating to pro-
cedures involved when a student is charged with commission
of a felony; creating s. 232.265, Florida Statutes, providing for
a code of student responsibilities and rights; amending s. 230.-
33(8)(c), Florida Statutes, 1974 Supplement; directing the su-
perintendent to propose rules and regulations for expulsion of
pupils; providing for extension of suspension beyond 10 school
days by superintendent when school board action on expulsion is
pending; providing for notification of students for whom ex-
pulsion is recommended; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Barrett-
HB 1026-A bill to be entitled An act relating to public
schools; amending s. 233.064(2), Florida Statutes, providing
that the course "Americanism versus Communism" be an
elective rather than a required public high school course;
creating s. 233.0645, Florida Statutes, requiring public high
schools to teach a required course entitled "American Democ-
racy"; requiring the Department of Education and the State
Textbook Council to develop the course and materials for the
course; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Barrett-
HB 1028-A bill to be entitled An act relating to professional
and occupational licenses; amending s. 205.171(1), (2), and
(4), Florida Statutes, expanding the exemption allowed dis-
abled veterans of war with regard to the payment of fees up
to $50 for business or occupational licenses to include pro-
fessional licenses; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By the Committee on Education and Representative J. R.
Clark-
HB 1029 (cs)-A bill to be entitled An act relating to edu-
cation; creating the Curriculum Center for Florida Studies;
defining its functions; providing that school boards may sub-
mit to the Commissioner of Education proposals for Florida
Studies projects; providing that the Commissioner shall au-
thorize distribution of funds; providing for reports to the
State Board of Education and the Legislature; authorizing
the Commissioner to appoint an advisory council; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative J. R. Clark-
HB 1031-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.051(1) and adding para-
graph (f) to s. 121.091(9), Florida Statutes, 1974 Supplement,
providing that persons who have retired under the provisions
of the Florida Retirement System, who have received benefits
thereunder for less than 1 year, and who have been reemployed
within 1 year from the date of retirement may become rein-
stated in such system under certain circumstances; adding sub-
section (10) to s. 122.03, Florida Statutes, 1974 Supplement,
providing that persons who have retired under the provisions
of the State and County Officers and Employees Retirement
System, who have received benefits thereunder for less than
1 year, and who have been reemployed within 1 year from the
date of retirement may become reinstated in such system under
certain circumstances; amending s. 238.021, Florida Statutes,
and creating s. 238.315, Florida Statutes, providing that persons
who have retired under the provisions of the Teachers' Re-
tirement System, who have received benefits thereunder for
less than 1 year, and who have been reemployed within 1 year



62



OF REPRESENTATIVES April 6, 1976

from the date of retirement may become reinstated in such
system under certain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Morgan-
HB 1032-A bill to be entitled An act relating to state gov-
ernment; creating s. 255.27, Florida Statutes; providing legisla-
tive intent; requiring state agencies and their agents and inde-
pendent contractors to comply with local ordinances relating
to environmental protection when such ordinances establish
standards and requirements greater than those otherwise re-
quired by law or pursuant to law; providing for the inclusion
of provisions in contracts executed by state agencies to guaran-
tee compliance with such local ordinances; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Davis, Pajcic, Becker, and Cherry-
HB 1033-A bill to be entitled An act relating to annulment;
creating ss. 61.30, 61.31, 61.32, and 61.33, Florida Statutes;
establishing grounds for annulment; providing that children
born of annullable marriages are legitimate; providing for
alimony, custody, and support; providing for jurisdiction; estab-
lishing residence requirements; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Moffitt-
HB 1035-A bill to be entitled An act relating to areas of
critical state concern; adding subsection (19) to s. 380.05, Florida
Statutes, requiring the recordation of the boundaries of areas
of critical state concern by the state land planning agency;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

HB 1036-Withdrawn

By Representative Moffitt-
HB 1037-A bill to be entitled An act relating to environ-
mental land and water management; amending s. 380.06(1),
Florida Statutes, 1974 Supplement, further defining develop-
ments of regional impact; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Batchelor-
HB 1038-A bill to be entitled An act for the relief of
Shirley S. McClain; providing an appropriation to compensate
her for personal injuries resulting from the negligence of the
State Board of Medical Examiners; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Freeman-
HB 1039-A bill to be entitled An act relating to sales tax;
adding paragraph (1) to subsection (7) of s. 212.08, Florida
Statutes, 1974 Supplement, exempting certain items purchased
by commercial fishermen from sales tax upon presentment of
an identification card; directing the Department of Revenue to
provide rules along specified lines for the issuance of such
identification cards; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives T. Lewis and Hazelton-
HB 1040-A bill to be entitled An act relating to zoning;
providing legislative intent; requiring counties and municipali-








JOURNAL OF THE HOUSE



ties which propose certain zoning regulations to send due
notice as defined in the act to adjoining counties or munici-
palities; providing a procedure with respect to objections to
any such zoning regulations; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

HB 1041-Withdrawn

By Representative Bell-
HB 1042-A bill to be entitled An act relating to garnish-
ment; amending s. 77.28, Florida Statutes, increasing the amount
of the deposit for attorney's fees required to be paid into the
registry of the court by a person applying for a writ of
garnishment prior to the issuance of the writ; providing an
effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Langley-
HB 1045-A bill to be entitled An act relating to criminal
penalties; amending s. 775.084(4)(a), Florida Statutes, speci-
fying maximum and minimum terms for certain subsequent
felony offenders; specifying minimum terms for subsequent
felony offenders before their eligibility for parole; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1046-Withdrawn

By Representative Fontana-
HB 1047-A bill to be entitled An act relating to law en-
forcement; adding subsection (4) to s. 112.531, Florida Statutes,
1974 Supplement, defining "interrogation"; amending s. 112.-
532(1)(d), (2) and (3), Florida Statutes, 1974 Supplement,
relating to law enforcement officers' rights; providing for com-
plaints of a criminal nature; providing for hearing procedure;
providing for suits against employing agency; providing an
effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Fontana-
HB 1048-A bill to be entitled An act relating to probation;
amending s. 948.06(1), Florida Statutes, relating to violation of
probation; providing for resentencing subsequent to violation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Papy-
HJR 1049-A joint resolution proposing an amendment to
Section 1 of Article III and creating Sections 14 and 15 of
Article X of the state constitution; establishing initiative and
referendum; providing petition and election procedures.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Commerce and Representatives Lock-
ward and McDonald-
HB 1050 (cs)-A bill to be entitled An act relating to in-
surance; amending s. 627.458(1), Florida Statutes, to change
the maximum policy loan rate from 6 percent to 8 percent;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Poorbaugh-
HB 1051-SF-A bill to be entitled A proposal relating to the
order in which candidates' names appear on the ballot in
primary elections.



April 6, 1976



OF REPRESENTATIVES 63

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

By Representative Hawkins-
HB 1052-A bill to be entitled An act relating to legal holi-
days; amending s. 683.01(1), Florida Statutes, 1975, providing
that Patriots' Day, on the nineteenth day of April, is a legal
holiday; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Richard, Tucker, Avon, Barrett, Bloom,
Campbell, Cherry, Conway, Craig, Davis, Dixon, Eckhart,
Fontana, Freeman, Gibson, Hazelton, Hazouri, Healey, Hodes,
Kershaw, Kiser, Lockward, Moffitt, Moore, Neal, Nergard,
Nuckolls, Poole, Rish, Sheldon, Smith, Steinberg, Thompson,
McPherson, Kutun, and Gordon-
HJR 1053-A joint resolution proposing an amendment to
Article I of the State Constitution relating to government in
the sunshine.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representatives Hattaway and J. W. Robinson-
HB 1054-A bill to be entitled An act relating to circuit
courts; amending s. 26.021(18), Florida Statutes, requiring five
of the judges of the 18th circuit to reside in Seminole County;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By the Committee on Governmental Operations and Repre-
sentatives Hattaway, Boyd, and Matthews-
HB 1055 (cs)-A bill to be entitled An act relating to carnival
and amusement rides; creating the Carnival and Amusement
Rides Safety Act; providing definitions; providing duties of
the Department of Commerce with regard to carnival or amuse-
ment rides; requiring the department to adopt rules along
specific lines; providing for exemption of certain amusement
parks, carnivals, and fairs from the operation of the act;
authorizing the employment of inspectors and other necessary
employees; requiring the permitting and inspection of such
rides; requiring the owners of such rides to keep certain records
and file certain reports; prohibiting persons from operating
such rides without meeting permit requirements and certain
insurance, bonding, or cash security requirements; authorizing
the department to pursue injunctive relief to compel compliance
with this act; providing a penalty; providing exceptions to the
operation of this act; authorizing municipalities to enact more
stringent regulations under certain circumstances; repealing
s. 616.091(2)(a)-(o), Florida Statutes, removing certain safety
standards for amusement devices and temporary structures at
public fairs and expositions; providing an appropriation; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Avon-
HB 1056-A bill to be entitled An act for the relief of Gayle
Celesti; providing an appropriation to compensate her for
injuries received as the result of the negligent failure of the
Department of Transportation to maintain a highway under
its jurisdiction in proper repair; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representatives Rude (by request), Craig, Lehman, Dyer,
Sackett, Matthews, Gibson, McPherson, Mixson, Young, Mc-
Donald, Culbreath, Barrett, Poole, Avon, Belanger, and Lang-
ley-
HB 1057-A bill to be entitled An act relating to elections;
amending s. 101.261(1), Florida Statutes, eliminating the re-
quirement that minority political parties must file a petition
signed by a number of voters before they may have the names
of certain candidates placed on the ballot if their candidates








64 JOURNAL OF THE HOUSE]

received a certain number of votes in a preceding election;
amending s. 101.262, Florida Statutes, changing the require-
ments for placing the names of minority political party candi-
dates for certain offices on the ballot and eliminating circuit
court judges, district court judges, and state attorneys from
the list of offices subject to being so placed on the ballot;
amending s. 103.021(4), Florida Statutes, requiring minority
political parties to make certain notification to the Depart-
ment of State by August 15 of each presidential election year;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Gorman-
SHB 1058-A bill to be entitled An act relating to search
warrants; adding subsection (8) to s. 933.18, Florida Statutes,
1974 Supplement; authorizing the issuance of a search warrant
to search a private dwelling wherein the laws in relation to
cruelty to animals have been or are being violated; providing
a limitation; providing that property relating to violation of
such laws may be taken from the dwelling; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

HB 1059-SF-Withdrawn

HB 1060-Withdrawn

HB 1061-Withdrawn

By Representative Fontana (by request)-
HB 1063-A bill to be entitled An act relating to labor;
amending s. 447.207, Florida Statutes, 1974 Supplement, re-
moving provisions relating to special masters; amending s. 447.-
309, Florida Statutes, 1974 Supplement; providing that a col-
lective bargaining agreement may become binding on a public
employer under the provisions of an arbitration award; re-
moving certain provisions relating to execution of a collective
bargaining agreement upon the appropriation of insufficient
funds; amending s. 447.403, Florida Statutes, 1974 Supplement;
providing for resolution of a bargaining impasse by a three
member arbitration panel; amending s. 447.405, Florida Stat-
utes, 1974 Supplement, providing factors to be considered by
the arbitration panel; amending s. 447.407, Florida Statutes,
1974 Supplement, providing for compensation of mediators and
arbitrators; amending s. 447.409, Florida Statutes, 1974 Supple-
ment, providing for access to records by an arbitration panel;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Fontana-
HB 1064-A bill to be entitled An act relating to municipal
retirement systems; amending s. 175.181(2), Florida Statutes,
providing for the disposition of death benefits payable from
the Municipal Firemen's Pension Trust Fund under certain
circumstances; amending s. 175.241, Florida Statutes, providing
that benefits accruing from the fund shall not be subject to an
oral or written trust instrument of any nature; amending
s. 185.162(2), Florida Statutes, providing for the disposition of
death benefits payable from the Municipal Police Officers'
Retirement Trust Fund under certain circumstances; amending
s. 185.25, Florida Statutes, providing that benefits accruing
from the fund shall not be subject to an oral or written trust
instrument of any nature; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

HB 1065-Withdrawn

By Representative Hector-
HB 1069-A bill to be entitled An act relating to miscel-
laneous liens; creating s. 713.501, Florida Statutes, providing
for a lien in favor of processors of certain films upon said



E



OF REPRESENTATIVES April 6, 1976

films; including the distribution and exhibition rights therein;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Foster-
HB 1071-A bill to be entitled An act relating to assess-
ments; amending s. 193.461(6)(a), Florida Statutes, 1974 Sup-
plement, and adding subsection (7); providing that lands
granted an agricultural assessment shall not be assessed at a
value in excess of $500 per acre; providing for recapture of
certain tax benefits, interest thereon, and a penalty when lands
granted an agricultural assessment cease to be qualified for
such assessment; providing that no such recapture shall apply
to benefit received during any tax year beginning prior to
January 1, 1977; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation, Finance & Tax-
ation, and Appropriations.

By the Committee on Commerce and Representative Mix-
son-
HB 1073 (cs)-A bill to be entitled An act relating to install-
ment sales; amending subsection(4) of s. 520.07, Florida Stat-
utes, the Motor Vehicle Sales Finance Act, and subsection
(7) of s. 520.34, Florida Statutes, the Retail Installment Sales
Act, relating to the cancellation of insurance policies, provid-
ing that unearned finance charges shall be credited to the
next maturing installment; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Blackburn-
HB 1076-A bill to be entitled An act relating to drivers' li-
censes; providing definitions; requiring a license to operate
a motorcycle or motor-driven cycle; requiring an examination
and fees; authorizing the Department of Highway Safety and
Motor Vehicles to accept a certification of competence for cer-
tain law enforcement employees; requiring the Division of
Driver Licenses to develop a plan of implementation; providing
a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Poorbaugh-
HB 1080-A bill to be entitled An act relating to animal
feeding; prohibiting the use of the substance known as die-
thylstilbestrol in animal feeding; prohibiting the sale of food
for human consumption containing such substance; providing
penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropria-
tions.

By Representatives Hutto (by request) and T. Lewis-
HB 1083-A bill to be entitled An act relating to auction-
eers; creating the Florida Auctioneers' Commission of the
Division of Occupations of the Department of Professional and
Occupational Regulation; providing definitions; requiring the
certification and examination of auctioneers; providing a pro-
cedure for fees requiring the posting of a surety bond; au-
thorizing the adoption of rules; providing a penalty; providing
a grandfather section; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Burrall-
HB 1085-A bill to be entitled An act relating to game and
fresh water fish; amending s. 372.573(2), Florida Statutes, ex-
empting totally and permanently disabled persons from the








JOURNAL OF THE HOUSI



payment of permit fees for fishing on certain state lands; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representative Burrall-
HB 1086-A bill to be entitled An act relating to game and
fresh water fish; adding paragraph (e) to s. 372.57(4), Florida
Statutes, providing that totally and permanently disabled per-
sons do not need a fishing license in this state; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Young-
HB 1088-A bill to be entitled An act relating to supple-
mental security income; providing for the enactment of in-
terim assistance payments as provided by federal law; authoriz-
ing the Department of Health and Rehabilitative Services to
develop policies and procedures; providing for repayment of
assistance; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Young-
HB 1089-A bill to be entitled An act relating to solar
energy; directing the Department of Education to plan a pilot
program for utilization of solar energy in the public schools;
directing the cooperation of the Solar Energy Center and the
Department of General Services; providing for a report; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Rude, James, Hector, Considine, Boyd,
and Gallagher-
HB 1090-A bill to be entitled An act relating to the Florida
Transportation Code; adding subsection (5) to s. 335.04, Flor-
ida Statutes, requiring publication of a decision by the Depart-
ment of Transportation to reclassify a length of road; pro-
viding that publication shall be effective to transfer certain
expenses; prohibiting the department from considering the
physical condition of the road in such a reclassification; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By the Committee on Health & Rehabilitative Services and
Representative Sheldon-
HB 1095 (cs)-A bill to be entitled An act relating to
juveniles; adding subsections (32) and (33) to s. 39.01, Florida
Statutes, defining "physician" and "medical facility" for the
purposes of chapter 39, Florida Statutes, dealing with the
judicial treatment of juveniles; amending s. 39.03(2), Florida
Statutes, requiring the person taking a juvenile into custody
to include certain information in his initial report to the appro-
priate intake officer; amending s. 39.03(3)(a), Florida Stat-
utes, providing for the disposition of certain juveniles taken
into custody who appear to be ill or injured; requiring the person
taking a juvenile into custody to include certain information in
his initial report to the appropriate intake officer; amending
s. 39.08, Florida Statutes, authorizing the court and certain
other persons having jurisdiction or custody of a juvenile to
require diagnostic examination and medical treatment in the
absence of parental consent; providing for notification and
records; requiring parents to pay for the treatment of such
a juvenile to the extent that they are capable; providing that
persons providing treatment or care in compliance with the
provisions of this act shall not be civilly liable under certain
circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



April 6, 1976



E OF REPRESENTATIVES 65

By the Committee on Health & Rehabilitative Services and
Representative Sheldon-
HB 1096 (cs)-A bill to be entitled An act relating to
prisoners; creating s. 945.31, Florida Statutes, authorizing pris-
oners in the state correctional system to make donations of
blood, tissue, or organs under certain circumstances; providing
an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 1097-Withdrawn

HB 1098-Withdrawn

By Representative Richmond-
HB 1099-A bill to be entitled An act relating to alcoholic
beverages; amending ss. 561.20(1) and 565.02(1)(b), (c), (d),
(e) and (f), Florida Statutes, providing that census figures
with respect to the allocation of consumption-on-the-premises
alcoholic beverage licenses and consumption-off-the-premises
alcoholic beverage licenses may be based on any special census
provided for by law as well as the latest state or federal
census; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Hector-
HB 1101-A bill to be entitled An act relating to the sales
and use tax; amending s. 212.03(4), Florida Statutes, to provide
that a person residing for more than 120 days in a hotel,
apartment house, rooming house, or tourist or trailer camp is
exempt from paying sales tax on the rental thereof; providing
that such exemption is lost upon moving from such location;
empowering the Department of Revenue to reform rental con-
tracts in certain cases; repealing s. 212.03(7), Florida Statutes,
relating to exemption of places intended primarily for rental
as a principal or permanent place of residence; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Martin, Margolis, Cherry, Coolman, and
Davis-
HB 1104-A bill to be entitled An act relating to the State
University System; directing the Division of Universities of
the Department of Education to undertake a program to erad-
icate sex discrimination in the granting of faculty salaries;
providing a formula for the allocation of appropriated funds;
providing for reversion of certain funds not committed prior
to February 15, 1977; requiring a report by the Commission
of Education; providing an appropriation; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Melvin, Rish, Dixon, Forbes, Hodges,
Morgan, Hutto, Ryals, Martin, Nuckolls, and Brown-
HB 1105-A bill to be entitled An act relating to retirement;
amending s. 121.091(9), Florida Statutes, 1974 Supplement,
eliminating certain restrictions on the employment of a person
who has retired under the Florida Retirement System; author-
izing such reemployment for 600 hours per year with a
monetary earnings limit per year, without suspension of bene-
fits; prohibiting reemployment after retirement within 1 month
with any employer within the system; providing that a retired
person holding public office is subject to the same reemployment
limitations as any other member of the system and also apply-
ing these limitations to retired persons who are independent
contractors; amending s. 121.046(4), Florida Statutes, to provide
these same reemployment restrictions to members of the Judi-
cial Retirement System; amending s. 122.16, Florida Statutes,
to apply these same reemployment limitations to members of
the State and County Retirement System; amending s. 238.181,
Florida Statutes, to apply these same reemployment limitations
to the retirement system for school teachers; creating subsection








66 JOURNAL OF THE HOUSE

(11) of s. 121.091, Florida Statutes, 1974 Supplement, relating
to reinstatement of membership in the Florida Retirement
System after retirement; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Melvin, Rish, Dixon, Forbes, Hodges,
Morgan, Hutto, Martin, Nuckolls, and Brown-
HB 1106-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(19), Florida Statutes,
1974 Supplement, expanding the definition of "prior service"
for the Florida Retirement System to permit the purchase of
retirement credit for employment during which no contribu-
tions were made, under certain circumstances, and to permit
purchase of service when no contributions were made due to a
written rejection of the system; amending s. 121.051(2) (a),
Florida Statutes, 1974 Supplement, as amended, authorizing
certain employees who had rejected membership in the Florida
Retirement System to withdraw such rejection and partici-
pate in the system; amending s. 121.081(2), Florida Statutes,
1974 Supplement, as amended, providing the interest rate at
which prior service must be purchased for certain prior em-
ployment under which no contributions were made; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Foster, Burrall, and Davis-
HB 1108-A bill to be entitled An act relating to criminal
procedure; prohibiting state attorneys in the prosecution of a
criminal case and judges assigned to a criminal case from plea
bargaining with the defendant in the case; providing that a
violation is malfeasance in office; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Moore and Hawkins-
HB 1110-A bill to be entitled An act relating to assess-
ments; amending s. 193.501(1), (3), (4), and (6), Florida Stat-
utes, replacing land used for outdoor recreational or park
purposes with land in the flood plain, land in an area of
critical state concern, or land designated by a county to be
environmentally endangered for purposes of preferential ad
valorem tax assessment based upon the use of the land; pro-
viding that such lands shall be subject to certain conservation
restrictions; providing that such lands be assessed as certain
other lands whose use is restricted; restricting the owner's
use of such lands; providing for the payment of a deferred tax
liability upon the reconveyance of the development right or
release of the covenant; deleting provisions relating to the
payment of the tax liability; deleting the definition of "out-
door recreational or park purposes"; defining "conservation
restriction" and "deferred tax liability"; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representative Ryals-
HB 1111-A bill to be entitled An act relating to charity
racing days; adding paragraph (j) to s. 550.03(2), Florida Stat-
utes, as amended, authorizing an additional charity day of
operation at dog and horse tracks and jai alai frontons in
Hillsborough County, the proceeds of which shall be paid to
the City of Tampa to be used for the development and im-
provement of public playgrounds; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representative Poole-
HB 1112-A bill to be entitled An act relating to contraband;
adding paragraph (e) to s. 943.41(2), Florida Statutes, 1974
Supplement; declaring items of personal property used in
enumerated offenses to be contraband; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.



IE



___



OF REPRESENTATIVES April 6, 1976

HB 1114-Withdrawn

By Representative Bloom-
HB 1115-A bill to be entitled An act relating to voluntary
contraceptive sterilization; creating s. 381.383, Florida Statutes;
providing for the voluntary sterilization of specified consenting
persons; limiting liability of physicians to liability by reason
of negligence; excluding therapeutic sterilization operations
from the operation of the act; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Pajcic-
HB 1116-A bill to be entitled An act relating to homestead
property; amending s. 222.01, Florida Statutes, providing that
the head of a family may include a description of certain per-
sonal property in a statement of his property claimed to be
exempt from forced sale; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Moffitt-
HB 1118-A bill to be entitled An act relating to county
judges; amending s. 34.024, Florida Statutes, providing that
county judges' salaries shall be $2000 less than salaries of
Circuit Court Judges; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

HB 1119-Withdrawn

HB 1120-Withdrawn

HB 1121-Withdrawn

HB 1122-Withdrawn

HB 1123-Withdrawn

HB 1124-Withdrawn

HB 1125-Withdrawn

HB 1126-Withdrawn

By Representatives Hazelton (by request), Campbell, and T.
Lewis-
HB 1127-A bill to be entitled An act relating to the retire-
ment system for school teachers; amending s. 238.06(3), Florida
Statutes, providing that any instructional or administrative
employee of a district school board shall be entitled to a full
year of retirement credit if the employee is employed for less
than a 12-month period, pursuant to an approved school pro-
gram; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

HB 1128-Withdrawn

HB 1129-Withdrawn

HB 1130-Withdrawn

HB 1131-Withdrawn

By Representatives Hazelton (by request), Young, and Con-
way-
HJR 1132-A joint resolution proposing an amendment to
Section 3 of Article III of the State Constitution relating to
sessions of the Legislature.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.








JOURNAL OF THE HOUSE



HB 1133-Withdrawn

By Representative Hazelton-
HB 1134-A bill to be entitled An act providing for review
of sentences imposed by trial courts other than municipal;
creating a sentence review board; providing the procedures
for review; providing the powers, duties, staff, salaries and
related matters with reference to the sentence review board;
providing for appeals from errors of procedure or legality with
respect to acts of the sentence review board; providing for
jury mercy trials for death penalty cases; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Hazelton-
HB 1135-A bill to be entitled An act relating to state
uniform traffic control; amending s. 316.210(5), Florida Stat-
"utes, 1975, exempting certain electric powered vehicles from
the requirement of safety glass windshield and wipers; requir-
ing such vehicles to be equipped with a windscreen when
operated on public roads and highways; creating s. 316.267,
Florida Statutes, providing that certain electric powered motor
vehicles be equipped with hydraulic brakes on two rear wheels;
providing specific brake requirements on certain electric pow-
ered motor vehicles; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Hazelton-
HB 1136-A bill to be entitled An act relating to labor;
creating s. 877.15, Florida Statutes; prohibiting any person
from knowingly employing an illegal alien; providing a pen-
alty; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Hazelton-
HB 1137-A bill to be entitled An act relating to jai alai
frontons; adding subsection (4) to s. 551.04, Florida Statutes,
requiring the Division of Pari-mutuel Wagering of the Depart-
ment of Business Regulation to provide for the appointment
of commission judges at frontons in the state; requiring the
division to provide a salary for such judges; requiring the
division to classify the position in the state career service
system; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Hazelton-
HB 1138-A bill to be entitled An act relating to weapons
and firearms; amending s. 790.06, Florida Statutes; requiring
that each applicant for a license to carry a pistol, winchester,
or other repeating rifle, be fingerprinted for the purpose of
determining good moral character; amending provisions re-
lating to records of licensees; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Rish, Pajcic, Davis, Cherry, and Bloom-
HB 1141-A bill to be entitled An act relating to the dissolu-
tion of marriage; amending s. 61.08, Florida Statutes; providing
standards for a court to follow in determining a proper alimony
award relating to the needs, the ability to pay, and the expected
earning abilities of the respective parties, and certain other
specified factors; authorizing the court to adjust an alimony
award due to a substantial change in circumstances; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.



April 6, 1976



HB 1161-SF-Withdrawn



OF REPRESENTATIVES 67

By Representatives Hazouri, Pajcic, Becker, J. W. Lewis,
Bloom, Ogden, Coolman, Moore, Batchelor, Richard, Singleton,
Mann, and Gersten-
HB 1148-A bill to be entitled An act relating to public
records; amending subsection (1) of s. 119.07, Florida Statutes,
requiring custodians of records of state agencies to make
the records available for inspection at local offices upon re-
quest; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Barrett-
HB 1151-A bill to be entitled An act relating to juveniles;
amending s. 39.03(3)(c) and (4), Florida Statutes, permitting
a child to be placed or retained in detention or shelter care
prior to a court's disposition until specified officials arrive to
obtain the child's release if the child was arrested upon prob-
able cause of committing a felony; permitting such child to be
placed or transported in a police or other vehicle with an adult
under arrest; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representative Barrett-
HB 1152-A bill to be entitled An act relating to jai alai;
adding paragraph (j) to subsection (2) of s. 550.03, Florida
Statutes, as amended, authorizing an additional charity day
at the Brevard County Jai Alai Frontons, the proceeds of
which are to be divided equally between the Brevard Com-
munity College and the Florida Institute of Technology; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Barrett-
HB 1153-A bill to be entitled An act relating to jai alai;
adding paragraph (j) to subsection (2) of s. 550.03, Florida
Statutes, as amended, authorizing an additional charity day
at the Brevard County Jai Alai Frontons, the proceeds of
which are to be paid to the Harbor City Volunteer Ambulance
Squad of Melborne; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Gersten and Dick Clark-
HB 1155-A bill to be entitled An act relating to judicial
compensation; creating s. 25.1315, Florida Statutes, and amend-
ing ss. 26.031(2), 34.024, and 35.19, all Florida Statutes, in-
creasing the salaries of Justices of the Supreme Court, Judges
of the Circuit Courts, County Court Judges, and District Courts
of Appeal Judges, respectively; amending s. 112.192(8), Florida
Statutes, 1975, to direct the State Officers' Compensation
Commission to consider certain factors with regard to salary
increases for members of the judiciary; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Singleton, Crenshaw, Hazouri, J. W.
Lewis, Grosse, Poole, Barrett, Healey, Gorman, and Hutto-
HB 1160-A bill to be entitled An act relating to termination
of pregnancy; amending s. 458.22(4)-(7), Florida Statutes, and
adding two new subsections to said section; providing the
standard of medical procedure to be used when the fetus has
any reasonable possibility of survival outside its mother's womb;
prohibiting experimentation on a live fetus prior to or follow-
ing a termination of pregnancy; providing an exception; pro-
viding penalties; providing an effective date.
-was read the first time by title and referred to the Select
Committee on Human Rights.



HB 1142-Withdrawn








JOURNAL OF THE HOUSE OF REPRESENTATIVES



By the Committee on Criminal Justice and Representatives
Becker and Smith-
HB 1162 (cs)-A bill to be entitled An act relating to
law enforcement; amending s. 901.25, Florida Statutes, author-
izing sheriffs and deputy sheriffs, as well as municipal police
officers, to make fresh pursuit of a person within certain areas
outside their jurisdiction for certain violations; authorizing such
law enforcement officers to make lawful arrests anywhere in
the state under certain conditions; permitting sheriffs, deputy
sheriffs, and municipal police officers to respond to certain
requests for assistance in certain other jurisdictions; providing
procedures following arrest of a person in another jurisdic-
tion when not in fresh pursuit; providing liability of the em-
ploying municipality or county for actions of such officers in
the scope of their employment; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1164-Withdrawn

By Representative Craig-
HB 1165-A bill to be entitled An act relating to the tax on
sales, use and other transactions; amending s. 212.08(5), Florida
Statutes, 1974 Supplement, to exempt commercial fishermen
from the payment of the 4 percent sales tax on fuel, ice and
the purchase of certain boats; providing limitations; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Nuckolls and Hodges-
HB 1167-A bill to be entitled An act relating to environ-
mental control; amending s. 403.151, Florida Statutes; providing
that air quality standards, as enforced by the Department of
Environmental Regulation, which exceed federal standards need
not be met until 1986; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Gordon-
HB 1170-A bill to be entitled An act relating to voting;
amending s. 97.021(6)(a) and (e), Florida Statutes, redefining
"absent elector" to exclude a requirement of physical disability
and to delete the exception of prisoners from the definition;
amending s. 101.62(3), Florida Statutes, 1975, changing the
application for an absent elector's ballot to enable any person
unable to attend the polls on election day to vote absentee
rather than just those physically disabled; repealing s. 97.-
041(5)(b), Florida Statutes, removing provisions relating to
the prohibition against the right to vote of persons under
guardianship or confined in state prisons; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Nuckolls-
HB 1173-SF-A bill to be entitled A proposal relating to
special district elections.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By the Committee on Health & Rehabilitative Services and
Representatives Bloom, Hodes, Gordon, Margolis, Kiser, Batch-
elor, and Lehman-
HB 1177 (cs)-A bill to be entitled An act relating to venereal
diseases; amending s. 384.01, Florida Statutes, increasing the
number of diseases designated as venereal diseases; amending
s. 384.02, Florida Statutes, providing that it shall be unlawful
for any person knowingly afflicted with a venereal disease to
initiate sexual contact which would expose another to infection
or to intentionally deceive another as to the existence of infec-
tion; amending s. 384.06, Florida Statutes, 1975, providing for
inclusion and confidentiality of names in reports relating to
venereal disease; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



By Representatives G. C. Robinson, Hagler, Tolton, McCall,
and Young-
HB 1178-A bill to be entitled An act relating to the Depart-
ment of Education; amending s. 240.011(1), Florida Statutes;
limiting the term of members of the Board of Regents of the
Division of Universities to 5 years; providing that the pro-
visions of this act shall not affect the term of any member
appointed prior to October 1, 1976; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 1179-Withdrawn

By Representative Becker-
HB 1180-A bill to be entitled An act for the relief of Sonia
Cifuntes and Maria Indart; providing an appropriation to com-
pensate them for their injuries and losses; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Belanger-
HB 1181-A bill to be entitled An act relating to elections;
amending s. 101.27(4), Florida Statutes, 1974 Supplement, per-
mitting a county supervisor of elections to arrange the voting
machine ballot by party candidates in single line columns or
rows; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Belanger-
HB 1182-A bill to be entitled An act relating to voting;
amending s. 101.141(4), Florida Statutes, requiring the names
of candidates within a particular group on a primary election
ballot to be rotated in alphabetical order between the various
precincts so that each candidate's name will appear first in as
equal a number of precincts as possible; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative James-
HB 1183-A bill to be entitled An act relating to salt water
conservation; prohibiting the taking of salt water fish by any
means other than hook and line within 300 feet seaward from
the mean low water line on the public beaches of the City of
Boca Raton; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Crabtree-
HB 1184-A bill to be entitled An act relating to the Solici-
tation of Charitable Funds Act; amending s. 496.04(1)(c), Flor-
ida Statutes, 1974 Supplement; exempting charitable organiza-
tions which do not receive public contributions in excess of
$10,000 from the registration fee; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Finance & Taxation.

By Representative Sackett-
HB 1185-A bill to be entitled An act relating to foods,
drugs and cosmetics; amending s. 500.16(1)(a) and (3), Florida
Statutes, and adding a new subsection; requiring persons who
wish to lawfully sell, deliver, offer for sale, hold for sale or
give away any new drug to file a copy of a letter of approval
or approvability by the Federal Food and Drug Administration
with the Department of Health and Rehabilitative Services;
prohibiting any person from using a new drug for investiga-
tional use on humans or animals without filing certain infor-
mation with the Federal Food and Drug Administration and
without filing certain information with the department if the
investigation is conducted in the state; exempting from the
regulation of new drugs any drug which is not defined as a



68



April 6, 1976








JOURNAL OF THE HOUSE



new drug under the federal act; deleting the exemption from
drugs intended solely for investigational use; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1186-Withdrawn

By Representative Morgan-
HB 1193-A bill to be entitled An act relating to the State
Career Service System; adding a new paragraph (i) to subsec-
tion (1) of s. 110.022, Florida Statutes, requiring the Division
of Personnel of the Department of Administration to adopt
rules to require consideration of eligible employees of an
agency, prior to the consideration of other persons, in the
filling of vacancies within the agency; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1194-Withdrawn

By Representative Moffitt-
HB 1195-A bill to be entitled An act relating to county
court judges; creating s. 34.175, Florida Statutes, providing for
payment of county court judges' traveling expenses by the state
in the same manner and pursuant to the same procedures pro-
vided by law for the payment of traveling expenses of circuit
court judges; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Moffitt-
HJR 1196-A joint resolution proposing an amendment to
Section 10 of Article V and the creation of Section 18 of Article
XII of the State Constitution relating to the terms of office
of county court judges.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Moffitt and Haben-
HB 1200-A bill to be entitled An act relating to the Chari-
table Funds Act; adding paragraph (e) to s. 496.02(5), Florida
Statutes, 1975, excluding an employee of a professional solicitor
from the definition of the term professional solicitor; amending
s. 496.031(2), Florida Statutes, 1974 Supplement, excluding
certain persons making telephone solicitations from the re-
quirement of applying for an employee's certificate under the
Charitable Funds Act; amending s. 496.11(5), Florida Statutes,
1974 Supplement, prohibiting agents, servants, or employees of
professional solicitors from soliciting by telephone without com-
plying with certain conditions; amending s. 496.13(2), Florida
Statutes, 1974 Supplement, to include agents, servants, or em-
ployees of professional solicitors within the group which the
Department of State may investigate with respect to violations
of the Charitable Funds Act; repealing s. 496.11(7), Florida
Statutes, 1974 Supplement, relating to the prohibition on
telephone solicitations; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Pajcic-
HJR 1202-A joint resolution proposing an amendment to
Section 4 of Article X of the State Constitution relating to the
homestead exemption from forced sale.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Pajcic, Considine, and Moore-
HB 1203-A bill to be entitled An act relating to public
health; providing definitions; providing standards with respect
to toilet, handwashing, and drinking water facilities in food
crop growing locations; providing that such facilities shall be



April 6, 1976



OF REPRESENTATIVES 69

provided in food crop growing locations; authorizing the De-
partment of Health and Rehabilitative Services to issue rules
and inspect facilities; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Nuckolls and Redman-
HB 1206-A bill to be entitled An act relating to driving
while under the influence; creating s. 316.0281, Florida Statutes,
prohibiting the release of persons arrested for driving while
under the influence for a period of 6 hours after arrest;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Gersten, Gordon, Coolman, and Hazouri-
HB 1207-A bill to be entitled An act relating to insurance;
adding subsection (5) to s. 627.413, Florida Statutes, requiring
each policy to have printed thereon a brief summary of the
substance of the policy and of limitations thereon; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Poorbaugh-
HB 1208-A bill to be entitled An act relating to nursing
homes; adding subsection (7) to s. 400.062, Florida Statutes,
providing that application for a license or for renewal of a li-
cense to operate a nursing home constitutes an agreement to
comply with certain rules and permit entry and inspection by
the Department of Health and Rehabilitative Services; amending
s. 400.121(8), Florida Statutes, increasing the maximum fine the
department may impose on a nursing home for a violation of
chapter 400, Florida Statutes; amending s. 400.125, Florida
Statutes, authorizing the department to seek injunctive relief
to enforce certain rules promulgated by the department; author-
izing a court to permit daily inspections of a nursing home by
the department when a temporary injunction is granted; amend-
ing s. 400.19, Florida Statutes, requiring the department to make
inspections upon receipt of certain information or complaint;
deleting the requirement of permission or of a warrant before
entry or inspection by the department; amending s. 400.241(3),
Florida Statutes, providing penalties for repeated violations
of chapter 400, Florida Statutes, or of rules of the department;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1210-Withdrawn

HB 1215-Withdrawn

By Representative Hattaway-
HB 1216-A bill to be entitled An act relating to public
health; vesting certain powers of control and supervision in
the Department of Health and Rehabilitative Services over public
water supplies in the state; providing certain criteria as to
which water supplies will have their fluoride content adjusted;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1217-Withdrawn

By Representatives Singleton, Poorbaugh, Grosse, Poole,
Barrett, Matthews, Healey, Gorman, Coolman, and Hutto-
HB 1218-A bill to be entitled An act relating to abortion;
creating s. 797.03, Florida Statutes; requiring an abortion re-
ferral or counseling agency to furnish certain information to
a person seeking its advice and to obtain an informed consent;
prohibiting such an agency from charging or accepting any








JOURNAL OF THE HOUSE OF REPRESENTATIVES



compensation from a physician, hospital, clinic or other medical
facility for a referral; providing penalties; providing an effec-
tive date.
-was read the first time by title and referred to the Select
Committee on Human Rights.

By Representative Fontana-
HB 1219-A bill to be entitled An act relating to motor
vehicles; amending s. 320.33, Florida Statutes, relating to un-
lawful possession of motor vehicles from which the serial
number has been removed; increasing the penalty from a misde-
meanor of the second degree to a felony of the third degree;
providing an exception; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 1220-Withdrawn

By Representative Morgan-
HB 1227-SF-A bill to be entitled A proposal relating to re-
tirement.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representatives Gordon, Steinberg, Becker, Bloom, Bar-
rett, Margolis, J. W. Robinson, and Rude-
HB 1228-A bill to be entitled An act relating to unfair
labor practices; creating s. 448.075, Florida Statutes, prohibiting
persons from requiring different rates with regard to contribu-
tions to any pension plan or retirement system based solely
upon the sex of the employee; providing for civil action to
recover unlawful contributions; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Gordon, Steinberg, Bloom, Barrett, Mar-
golis, J. W. Robinson, and Gersten-
HB 1229-A bill to be entitled An act relating to alcoholic
beverage licenses; adding paragraph (f) to s. 561.29(1), Florida
Statutes, providing that discrimination by a licensee in favor
of or against any person on the basis of race, color, creed, or
sex shall be grounds for suspension or revocation of license;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Matthews-
HB 1230-A bill to be entitled An act relating to district
school boards; creating s. 233.0625, Florida Statutes, to provide
for 1 minute of silent meditation or prayer per day for all
students who desire it; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 1232-Withdrawn

HB 1233-Withdrawn

By Representative Poole-
HB 1235-SF-A bill to be entitled A proposal relating to
political advertisements.
-was read the first time by title and referred to the Com-
mittee on Elections.

HB 1240-Withdrawn

By Representatives Gordon, Steinberg, Bloom, and Mar-
golis-
HB 1241-A bill to be entitled An act relating to sexual
battery; requiring persons who are responsible for or super-



vise the treatment of a victim or apparent victim of sexual bat-
tery to make a report to the Department of Criminal Law En-
forcement; providing for confidentiality; limiting use of in-
formation contained in such reports; providing a penalty; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Community Affairs and Representa-
tive Bloom-
HB 1242 (cs)-A bill to be entitled An act relating to
transportation; amending s. 335.065(2), Florida Statutes, and
adding a new subsection (3) to said section requiring the De-
partment of Transportation to utilize bicycle trails or footpaths
maintained by any county in the statewide integrated system;
requiring the Board of County Commissioners in each county,
in cooperation with municipalities, to prepare an overall report
on the status of roadways designated as safe for bicycle
passage in the county which report shall be submitted to the
Department of Transportation; requiring the department, by
October 1, 1977, to compile this information in the form of
legislation to ensure an adequate bicycle trail system in the
state; requiring annual updating of each county's required re-
port; authorizing the department to provide copies of such
reports to the public, upon request and at cost; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Sheldon-
HB 1244-A bill to be entitled An act relating to drug abuse
prevention and control; amending s. 893.13(1) (b) and (e), Flor-
ida Statutes; providing a penalty for the sale, delivery, or
possession of in excess of 10 pounds of cannabis; prohibiting
any person authorized by license to possess, administer, manu-
facture, or deliver any controlled substance in the usual course
of his business or practice from possessing certain controlled
substances with intent to administer, manufacture, or deliver
such substances for unauthorized purposes; providing a pen-
alty; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Morgan-
HB 1247-A bill to be entitled An act relating to state pur-
chasing; amending s. 287.042(2), Florida Statutes, providing that
state agencies are not to be required to purchase commodities
under contracts executed by the Division of Purchasing when
such purchases could otherwise be made by an agency at a
lesser cost; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

HB 1261-Withdrawn

By Representatives J. R. Clark, Sackett, and Williams-
HB 1262-A bill to be entitled An act creating the "Florida
Psychological and Allied Services Practice Act"; providing defi-
nitions and application of the act; creating the Florida Psy-
chological and Allied Practices Board to replace the present
Florida State Board of Examiners of Psychology at the expira-
tion of the terms of the members of the present board; pro-
viding duties and expenses for members of the newly created
board; requiring persons to obtain a license to practice psy-
chology, marriage and family counseling, or clinical social work;
providing procedures for licensure including classification,
qualifications, and examinations; requiring licensed persons to
display their licenses in their offices or places of business; au-
thorizing the board to waive certain licensure requirements
for certain applicants; providing exemptions from licensure
requirements for certain persons; permitting certain persons
to use the term "social psychologist"; excluding certain persons
from the exemptions from the licensure requirements; provid-
ing that licensed psychologists on the effective date of this act
shall be deemed licensed under this act; providing qualifications
for present psychologists, marriage and family counselors, and
clinical social workers; providing for the renewal of licenses;



70



April 6, 1976








JOURNAL OF THE HOUSE



providing procedures for the refusal to grant or renew a license
or to revoke or suspend a license; authorizing the board to en-
join violations of this act or a rule or order of the board; pro-
viding for the disposition of fees received by the board; pro-
viding penalties; providing a patient-psychologist privilege;
removing the privilege in certain circumstances; providing for
privileged communication between a marriage and family coun-
selor or a clinical social worker and the person counseled;
removing the privilege between the clinical social worker and
the person counseled in certain circumstances; providing that
this act does not permit a licensee to practice medicine; re-
pealing chapter 490, Florida Statutes, as amended, which pro-
vides for the regulation and licensure of psychologists; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representatives Kershaw, Fontana, Hill, Williamson,
"Belanger, Eckhart, Martin, J. W. Robinson, Wilson, Langley,
Gersten, Flynn, Richard, Dyer, Healey, Campbell, Poorbaugh,
James, Poole, Hazouri, Freeman, Lockward, Hector, Sheldon,
Singleton, Hattaway, and Batchelor-
HB 1264-A bill to be entitled An act relating to elections;
amending s. 104.45, Florida Statutes, to provide that municipal-
ities shall adopt the state election laws; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Becker and Campbell-
HB 1265-A bill to be entitled An act relating to the Depart-
ment of Professional and Occupational Regulation; providing
legislative intent; amending s. 20.30(6), Florida Statutes, rede-
fining the duties of the Bureau of Examinations to ensure
the validity and reliability of certain licensing examinations
conducted by the department and to ensure the acceptable
administration of licensing examinations; providing for the
appointment of a chief of the Bureau of Examinations by the
Secretary of Professional and Occupational Regulation; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

HB 1266-Withdrawn

HB 1268-Withdrawn

HB 1269-Withdrawn

HB 1270-Withdrawn

HB 1271-Withdrawn

HB 1272-Withdrawn

HB 1273-Withdrawn

By the Select Committee on Military & Veterans Affairs and
Representatives Peaden, Lockward, Avon, Hagan, Hodges, Ner-
gard, Williams, Matthews, Mattox, and Nuckolls-
HB 1274-A bill to be entitled An act relating to govern-
mental reorganization; creating s. 20.36, Florida Statutes; creat-
ing a Department of Veterans' Affairs; transferring the Divi-
sion of Veterans' Affairs of the Department of Community
Affairs to said department; providing powers and duties of
the department; directing that conforming editorial changes be
made in the Florida Statutes; repealing s. 20.18(2)(c) and
(13), Florida Statutes, 1975, to conform to this act; provid-
ing that any costs occasioned by the operations of the act
shall be paid from the existing budget of the Division of
Veterans' Affairs; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



April 6, 1976



OF REPRESENTATIVES 71

By Representative Gersten-
HB 1275-A bill to be entitled An act relating to employment;
defining the term "lie detector"; prohibiting persons, firms,
corporations, or associations, including state, county, or mu-
nicipal governmental agencies, from requesting or requiring
employees or prospective employees to take lie detector tests
as a condition of employment; prohibiting employment agencies
or representatives of employers from requiring such a test;
providing civil and equitable relief along specified lines to
persons who have been injured through violation of this act;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Sheldon-
HB 1276-A bill to be entitled An act relating to community
services; providing legislative intent; creating s. 402.205, Flor-
ida Statutes; authorizing the Department of Health and Re-
habilitative Services to contract with local government agencies
for services developed under the Florida Financial Assistance
for Community Services Act of 1974; providing that the depart-
ment develop a formula for apportioning and allocating funds;
providing that any service reimbursed must conform to stand-
ards set by the department; authorizing collection of fees;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1277-Withdrawn

By the Committee on Commerce and Representatives Bell,
Morgan, James, Sheldon, Brown, G. C. Robinson, Considine,
and J. W. Lewis-
HB 1278 (cs)-A bill to be entitled An act relating to
the assistance of small businesses; providing legislative intent;
providing definitions; requiring the Department of Commerce
to assist small businesses and to otherwise coordinate activities
relating thereto; providing that a meaningful percentage of
state purchasing be procured from such businesses and provid-
ing a waiver under certain circumstances; providing for inter-
agency cooperation; requiring submission of an annual report
to certain persons; creating an advisory council; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Finance & Taxation and Representa-
tives Maxwell and Nuckolls-
HB 1279 (cs)-A bill to be entitled An act relating to ad
valorem taxation; amending s. 195.032, Florida Statutes, relating
to the establishment of standards of value, to require that when
documentary stamps are relied upon by the property appraiser
in arriving at just value, the property appraiser shall insure
that the sales price reflected in the stamps actually represents
the price a willing buyer would pay to a willing seller in an
open market transaction; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Andrews, Nelson, James, Poole, Brown,
and Eckhart-
HB 1282-A bill to be entitled An act relating to railroad
passenger service; creating s. 350.12(2)(o), Florida Statutues,
enabling the Public Service Commission to require railroads
to permit the use of their tracks and other facilities for pas-
senger service by the State of Florida, other governmental
entities or privately owned transportation companies at a rea-
sonable compensation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By the Committee on Commerce and Representative Cherry-
HB 1285-A bill to be entitled An act relating to insurance
arbitration cases; creating s. 682.115, Florida Statutes, provid-








72 JOURNAL OF THE HOUSE

ing for award of attorney's fees and other costs incurred in
arbitration cases against insurers; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Melvin-
HB 1290-A bill to be entitled An act relating to authorized
state personnel positions; adding subsection (4) to s. 216.262,
Florida Statutes; prohibiting an agency from employing more
than one full-time officer or employee in the same position
except as provided by rules of the Department of Administra-
tion; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Melvin-
HB 1292-A bill to be entitled An act relating to state of-
ficers and employees; amending s. 110.111(1), Florida Statutes;
providing penalties for willful violations of any law or rule of
the State Career Service System by any state officer or em-
ployee; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 1293-Withdrawn

By Representative Young-
HB 1294-A bill to be entitled An act relating to public
schools; amending s. 228.165(2) and (5), Florida Statutes;
providing that annual reports of school progress be made for
each preceding fiscal year; providing for notice of availability
of such reports by November 1 and for distribution of copies
upon request to parents or guardians of children attending
public schools and other interested parties; providing an effec-
*tive date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By the Committee on Education and Representative Conway-
HB 1295 (cs)-A bill to be entitled An act relating to educa-
tion; amending s. 215.01, Florida Statutes, changing the dates
of the fiscal year for district school boards; amending s.
216.011(1)(g), Florida Statutes, relating to the definition of
fiscal year; amending s. 228.041(18), Florida Statutes, changing
the dates of the fiscal year for district school boards; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Nuckolls, Steinberg, Becker, Barrett,
"Maxwell, Hawkins, Mann, Burrall, Avon, and Williamson-
HB 1296-A bill to be entitled An act relating to the trans-
portation of school children; amending s. 234.091, Florida Stat-
utes, requiring school bus drivers to pass a physical examina-
tion before each school year and to pass, every 2 years, a
defensive driving course established by the Department of
Highway Safety and Motor Vehicles which tests each driver's
ability to operate the type of school bus he is employed to
operate; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives J. W. Robinson and Steinberg-
HB 1297-A bill to be entitled An act relating to the De-
partment of Health and Rehabilitative Services; providing an
appropriation for the implementation of research on sex of-
fenses; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Maxwell-



E



OF REPRESENTATIVES April 6, 1976

Florida Statutes, providing for the establishment and main-
tenance of certain personnel records; adding subsections (26)
and (27) to s. 110.042, Florida Statutes, defining the terms
"employee record" and "directory information"; amending
s. 110.081, Florida Statutes, providing employee rights of privacy
with respect to personnel records; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Langley-
HB 1300-A bill to be entitled An act relating to juveniles;
creating s. 39.025, Florida Statutes, authorizing the state at-
torney to seek a grand jury indictment or file an information
against any child, aged 14 or older, charged with certain
felonies, for trial as an adult, without the requirement that
the state attorney file a petition alleging delinquency and that
an adjudicatory hearing be held on the petition; providing an
effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Crenshaw-
HB 1302-A bill to be entitled An act relating to stolen
property; adding subsection (6) to s. 812.031, Florida Statutes,
1975, providing that a person injured by any person who unlaw-
fully receives stolen property is entitled to certain damages
in a civil action against the violator; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Moffitt-
HB 1303-A bill to be entitled An act relating to county
court judges; amending s. 34.021, Florida Statutes, providing
that county court judges in counties with populations over
40,000 must have been a member of the bar of Florida for
5 years; providing an exception for judges currently serving;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

HB 1304-Withdrawn

HB 1305-Withdrawn

By Representatives Margolis, Gersten, Fontana, Becker, and
Lehman-
HJR 1306-A joint resolution proposing the creation of Sec-
tion 16 of Article VII of the State Constitution, relating to
deferred tax on homesteads.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Gersten and Batchelor-
HB 1307-A bill to be entitled An act relating to witnesses;
creating s. 90.26, Florida Statutes, providing legislative intent
and purpose; providing definitions; providing that the news
media shall not be adjudged in contempt by a court, the Legis-
lature or other body with contempt powers for refusing or
failing to disclose any news or the sources thereof; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Craig-
HB 1309-A bill to be entitled An act relating to insurance;
adding a new subsection (6) to s. 626.970, Florida Statutes,
1975, prohibiting an insurer from canceling or refusing to re-
new a motor vehicle insurance policy, for a certain traffic
violation; providing an effective date.



HB 1298-A bill to be entitled An act relating to the state -was read the first time by title and placed on the Cal-
career service system; adding paragraph (j) to s. 110.022(1), endar without reference.








JOURNAL OF THE HOUSE



By Representatives Williams, Hieber, Skinner, and Poor-
baugh-
HB 1310-A bill to be entitled An act relating to civil de-
fense; amending s. 252.37(1) and (2), Florida Statutes, 1974
Supplement, creating a contingency fund for the purpose of
providing disaster relief; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Bloom-
HB 1311-A bill to be entitled An act relating to ad valorem
taxation; amending s. 196.012(3) and (4), Florida Statutes,
1974 Supplement, changing the definition of "predominant use
of property" and "educational institutions" as such terms apply
to the granting of exemptions from ad valorem taxation; amend-
ing s. 196.198, Florida Statutes, providing for a complete or
partial exemption of property of organizations devoted ex-
clusively or predominantly to child care from ad valorem taxa-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Poorbaugh-
HB 1313-A bill to be entitled An act for the relief of Wil-
liam M. Grainger and Sylvia Fay Grainger; providing an ap-
propriation to compensate them for the tragic death of their
minor son, Roger Maxie Grainger; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Poorbaugh-
HB 1314-A bill to be entitled An act relating to the Florida
Transportation Code; amending s. 335.04(3), Florida Statutes;
deleting the 11,300 mile limitation on the primary road system;
providing that any road heretofore maintained as a primary
road be maintained as a primary road; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By the Committee on Regulated Industries & Licensing and
Representatives Hector and Harrington-
HB 1315 (cs)-A bill to be entitled An act relating to dis-
position of dead human bodies by cremation; providing legis-
lative intent; providing definitions; authorizing the State Board
of Funeral Directors and Embalmers to issue permits to en-
gage in the disposition of dead human bodies by cremation;
providing for the adoption of rules by the board; providing
procedures for application; providing for application, permit,
and supplemental permit fees; providing for issuance, re-
newal, and bonding of permits; providing grounds for sus-
pension and revocation of permits; providing penalties; pro-
viding for injunctive relief; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Blackburn-
HB 1316-A bill to be entitled An act relating to burglary;
adding subsection (4) to s. 810.02, Florida Statutes, 1974 Supple-
ment, as amended, providing a mandatory minimum term of
imprisonment for persons convicted of a second burglary of-
fense; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Blackburn and Avon-
HB 1317-A bill to be entitled An act relating to drug abuse
prevention and control; adding paragraph (h) to s. 893.13(1),
Florida Statutes, providing a penalty for the possession of an



April 6, 1976



OF REPRESENTATIVES 73

amount in excess of 10 pounds of cannabis; providing a man-
datory minimum term of imprisonment for persons convicted
of such possession; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Batchelor-
HB 1319-A bill to be entitled An act relating to fair cam-
paign practices; creating s. 99.024, Florida Statutes; providing
a pledge of fair campaign practices to be subscribed to and
filed by every candidate for state, county, district, or muni-
cipal elective office; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Neal and Lockward-
HB 1323-A bill to be entitled An act relating to the Game
and Fresh Water Fish Commission; adding subsection (6) to
s. 372.922, Florida Statutes, 1974 Supplement, exempting cer-
tain owners of wildlife from payment of the $100 annual per-
mit fee, allowing them to pay a fee set by the commission;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representative Hazelton-
HB 1324-A bill to be entitled An act relating to detention
homes and schools for delinquent children; repealing chapter
416, Florida Statutes, which provides for establishment of such
homes and schools; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1325-Withdrawn

HB 1326-Withdrawn

HB 1327-Withdrawn

HB 1330-Withdrawn

HB 1331-Withdrawn

By the Committee on Growth and Energy and Representative
Tolton-
HB 1332-A bill to be entitled An act relating to energy
conservation and consumer protection; providing legislative
intent; creating s. 501.127, Florida Statutes, directing that all
new automobiles shall carry posted information on fuel econ-
omy; requiring sellers of automobiles to post said information
in a certain manner on the car; providing a penalty; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Richard-
HB 1333-A bill to be entitled An act relating to millage;
amending s. 200.065(1), (2) and (3) (a), Florida Statutes, 1975,
deleting requirement that the property appraiser use 95% of
taxable value in calculating certified millage; requiring a
public hearing after preparing a proposed budget prior to
levying more than certified millage; requiring such hearing to
be after 7 p.m.; providing the form of advertisement; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Tolton and Kershaw-
HB 1334- A bill to be entitled An act relating to elections;
creating s. 98.171, Florida Statutes, providing for the manner








74 JOURNAL OF THE HOUSE

and time of preparation, presentation, and appeal of the
budget of the supervisor of elections; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Wilson-
HB 1336-A bill to be entitled An act relating to the ad hoc
council for red-tide research; amending s. 369.15(2), Florida
Statutes, 1974 Supplement; providing additional duties; author-
izing the council to award grants; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Wilson-
HB 1337-A bill to be entitled An act relating to the ad hoc
council for red-tide research; amending s. 369.15(1), Florida
Statutes, 1974 Supplement; authorizing the council to employ
secretarial help and incur expenses; providing an appropria-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1338-Withdrawn

By Representatives Gordon, Margolis, Bloom, and Rude-
HB 1341-A bill to be entitled An act relating to desertion;
amending s. 856.04(1), Florida Statutes, providing, for both
spouses, equal application of the law relating to desertion and
the withholding of support; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Gordon, Margolis, and Bloom-
HB 1342-A bill to be entitled An act relating to family
planning; amending s. 381.382(3) and (5), Florida Statutes, per-
mitting broader dissemination of maternal health and contra-
ceptive information and services to minors; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1343-Withdrawn

By Representative Rude-
HB 1344-A bill to be entitled An act for the relief of
George Michel; providing an appropriation to compensate him
for financial loss and property damage caused by the negligence
of the Department of Transportation; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Gordon and Bloom-
HB 1345-A bill to be entitled An act relating to unlawful
sexual activity; adding subsection (6) to s. 794.011, Florida
Statutes, 1974 Supplement, as amended, making sexual battery
upon an animal or beast a second degree misdemeanor; creating
s. 794.061, Florida Statutes, providing for a mandatory psy-
chological evaluation for persons convicted of certain sex
crimes; amending s. 800.03, Florida Statutes, providing that
any person who commits public indecency in the presence of a
child who is 14 or younger is guilty of a third degree felony,
and requiring persons convicted of public indecency to under-
go a psychological evaluation; creating s. 800.035, Florida
Statutes, providing that persons convicted of voyeurism are
guilty of a second degree misdemeanor and requiring their
psychological evaluation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.



E



SOF REPRESENTATIVES April 6, 1976

By Representatives Sheldon and Davis-
HB 1347-A bill to be entitled An act relating to social
workers; providing legislative intent; providing definitions;
prohibiting the practice of social work by certain unlicensed
persons after January 1, 1977; providing for the licensing of
certified social workers, social workers, social work associates,
and social workers in a social work specialty area by the De-
partment of Professional and Occupational Regulation; pro-
viding requirements; prohibiting certain unlicensed persons
from private, independent practice of social work beginning
January 1, 1977; providing exemptions; designating certain
unlawful acts; providing duties for the Department of Profes-
sional and Occupational Regulation; providing for disciplinary
proceedings; providing for license renewal; providing license
and renewal fees; creating a Social Worker Licensing Advisory
Board to be composed of seven members appointed by the Gov-
ernor; providing duties; providing for privileged communica-
tions; providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Blackburn-
HB 1348-A bill to be entitled An act relating to sexual
battery; amending s. 794.011(2), (3), and (4), Florida Statutes,
1975, providing a mandatory minimum term of imprisonment
before parole for persons convicted of certain types of involun-
tary sexual battery; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Tolton-
HB 1350-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(15), Florida Statutes,
1975, including persons who work as road guards for the De-
partment of Transportation as special risk members for pur-
poses of the Florida Retirement System; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropria-
tions.

By Representative Tolton-
HB 1351-A bill to be entitled An act relating to motor
vehicles; adding paragraph (i) to s. 325.19(1), Florida Statutes,
and adding subsection (8) to said section; requiring that the
front and rear suspension systems of motor vehicles be inspected
for safety; providing that a suspension is unsafe if it is worn
or has been altered in such a way as to adversely affect the
control and stability of the vehicle; providing exceptions; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Rish and Dixon-
HJR 1352-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution relating to
homestead exemptions.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Mann, Gersten, Coolman, Neal, and
Bloom-
HB 1353-A bill to be entitled An act relating to hunting;
adding subsection (3) to s. 372.99, Florida Statutes, prohibiting
the taking or killing of deer from a moving motorized vehicle;
providing a penalty; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Hattaway-
HB 1354-A bill to be entitled An act relating to the election
of state attorneys; creating s. 27.36, Florida Statutes; re-








JOURNAL OF THE HOUSE OF REPRESENTATIVES



quiring candidates to be registered nonpartisan; establishing
nonpartisan elections; providing for initial election during the
first primary; requiring a runoff during the general election;
amending election laws to prohibit political activity by state
attorneys; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives Haben and Moffitt-
HB 1356-A bill to be entitled An act relating to minors;
amending s. 743.06, Florida Statutes, providing that any
minor who has reached the age of 17 years may give consent
to the donation of his blood and to the penetration of tissue
which is necessary to accomplish such donation without the
prior consent of the parent or parents of such a minor; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Rish and Hutto-
HB 1359-A bill to be entitled An act relating to mental
health; amending section 394.76(4)(a), Florida Statutes, 1974
Supplement, deleting provisions providing that three-quarters of
non-inpatient fees be deducted from the total operating cost
of services and programs; creating section 394.76(4)(d), Flor-
ida Statutes, 1974 Supplement, providing that certain expend-
itures of 100% of all third party payments and fees for non-
inpatient services shall be eligible for state financial participa-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Health & Rehabilitative Services and
Representatives McKnight and Kutun-
HB 1360-A bill to be entitled An act relating to procedures
of the Parole and Probation Commission; amending s. 947.17,
Florida Statutes, 1975, providing for procedure of the Parole
and Probation Commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Governmental Operations and Repre-
sentatives Coolman, Gallagher, Hazouri, Forbes, Richard, Mor-
gan, Mann, Fontana, Steinberg, Lockward, J. W. Robinson,
T. Lewis, Smith, Healey, Campbell, Nelson, Tolton, Hazelton,
and Flynn-
HB 1366 (cs)-A bill to be entitled An act relating to
making buildings accessible to the disabled/handicapped popula-
tion of the state; providing intent; requiring that certain
buildings shall provide an accessible entrance at grade level;
requiring such buildings to contain accessible restrooms where
restrooms exist; requiring the provision of parking spaces; pro-
viding that rules relating to waiver of the requirements shall
be established by the Florida Board of Building Codes and
Standards; providing that complaints may be filed with the
Board of County Commissioners or the governing body of a
local governmental unit; providing for the issuance of orders
for compliance; providing for appeals to the Florida Board
of Building Codes and Standards; providing an effective date.
-was read the first time by title and referred to the Select
Committee on Human Rights.

By Representative James-
HB 1367-A bill to be entitled An act relating to voting
machines; amending s. 101.27(1), Florida Statutes, 1974 Sup-
plement, providing for the utilization of separate voting ma-
chines for political parties in primary elections; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Kershaw-



the Department of Community Affairs to enforce the provisions
of this act; providing for adoption of the latest editions and
revisions of the code; providing for waivers of the require-
ments of the code; providing for an annual report to the
Legislature; providing for legislative action; providing for en-
forcement of the code and for costs; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representative Kershaw-
HB 1369-A bill to be entitled An act relating to the Florida
Electrical Contractors' Licensing Board; amending s. 468.182
(2)(b), (3)(b), Florida Statutes; providing that members may
succeed themselves; deleting provisions relating to representa-
tion by congressional district; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

HB 1370-Withdrawn

By the Committee on Transportation and Representative
Considine-
HB 1371-A bill to be entitled An act relating to eminent
domain; creating s. 74.076, Florida Statutes; creating the Emi-
nent Domain Trust Fund; providing that all funds deposited
with a circuit court for the purpose of acquiring property for
roads or other transportation purposes be deposited in said
fund; providing for administration of the fund and for the
costs thereof; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Morgan and Tucker-
HB 1373-A bill to be entitled An act relating to the
LeMoyne Gallery of Florida Art; creating s. 265.30, Florida
Statutes, providing legislative intent; creating a Board of Trust-
ees within the Department of State; providing powers and du-
ties; authorizing the acquisition of physical facilities and a
permanent collection; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1374-Withdrawn

By the Committee on Community Affairs and Representa-
tives Boyd, Skinner, Eckhart, Flynn, and Cherry-
HB 1376-A bill to be entitled An act relating to local
governmental and intergovernmental relations; creating a new
part VI of chapter 163, Florida Statutes, entitled the "Advisory
Commission on Intergovernmental Relations Act," consisting of
ss. 163.61 through 163.68, Florida Statutes; providing legislative
findings and purpose; creating the Florida Advisory Com-
mission on Intergovernmental Relations; providing for mem-
bership of the commission; providing its functions and duties;
providing for public meetings, hearings, and committees of the
commission; providing for the employment of an executive
director and employees of the commission and for adminis-
trative support from the Department of Community Affairs;
providing for financing and members' per diem and travel ex-
penses; providing for the initial implementation of the act;
providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By the Committee on Transportation and Representative
Considine-
HB 1378-A bill to be entitled An act relating to eminent
domain; creating s. 73.092, Florida Statutes, prescribing cri-
teria to be followed by the court in assessing attorneys' fees;
providing an effective date.



HB 1368-A bill to be entitled An act relating to the Florida -was read the first time by title and referred to the Com-
electrical code; amending s. 553.20, Florida Statutes, authorizing mittee on Judiciary.



April 6, 1976



75








76 JOURNAL OF THE HOUQ

By the Committee on Transportation and Representatives
Jones and Easley-
HB 1379-A bill to be entitled An act relating to transpor-
tation; amending s. 334.21(4)(b), Florida Statutes, relating to
the matching of federal aid funds by the Department of Trans-
portation; providing that the department may budget matching
funds for those projects which are economically consistent with
Florida's transportation needs; providing an effective date.

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

By the Committee on Transportation and Representative
Neal--
HB 1381-A bill to be entitled An act relating to maximum
speed limits; amending ss. 316.181(2), 316.182(2) and 316.183
(2) (a), (b), (c) and (d), Florida Statutes, establishing a maxi-
mum speed limit of 55 miles per hour; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative J. R. Clark-
S HB 1388-A bill to be entitled An act relating to the manu-
facture, distribution, and use of explosives; amending s. 552.-
091(1), Florida Statutes; increasing the license fee for users
of explosives from $1 to $5; increasing the permit fee for
blasters from $1 to $5; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Johnson-
HB 1389-A bill to be entitled An act relating to condo-
"miniums and cooperative apartments; providing that no de-
veloper may hold or retain a leasehold interest in any real
property of the condominium or cooperative apartment; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Culbreath, Nuckolls, and Hodges-
HB 1390-A bill to be entitled An act relating to Florida
institutions of higher learning; creating s. 241.098, Florida
Statutes; providing for the establishment of a school of osteo-
pathic medicine to be located at the Florida International Uni-
versity; providing a two hundred fifty thousand dollar appro-
priation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Nuckolls, Poole, Price, Kiser, McDonald,
Becker, Hawkins, and Mann-
HB 1391-A bill to be entitled An act relating to driver's
licenses; amending ss. 322.03(1), 322.12(2), and 322.14, and
.adding paragraph (d) to s. 322.16(2), Florida Statutes; re-
quiring operators of motorcycles and motor-driven cycles to
,have an operator's, chauffeur's or restricted operator's license
bearing an endorsement to the effect that they are qualified
to operate same; requiring that an applicant for such an en-
dorsement be observed operating a motorcycle or motor-driven
cycle as part of the driving ability examination; providing for
the endorsement of licenses; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Fortune-
HB 1392-A bill to be entitled An act relating to workmen's
compensation; repealing s. 440.51(5), Florida Statutes, which
provides that the amount assessed against and paid by an
insurance carrier under the provisions of s. 440.51, Florida
Statutes, shall be allowed as a deduction against the amount
of any other tax levied by the state upon the premiums, assess-



il



S OF REPRESENTATIVES April 6, 1976

ments or deposits for workmen's compensation insurance on
contracts or policies of such insurance carrier; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

HB 1397-Withdrawn

By the Committee on Natural Resources and Representative
Bloom-
HB 1398 (cs)-A bill to be entitled An act relating to
regulation of boats; amending s. 371.561(1), Florida Statutes,
prohibiting any boat livery from renting any boat which does
not contain lifesaving devices which are located so as to be
visible and accessible at all times; requiring boat liveries to
make available first aid kits, charts, abbreviated copies of the
rules of the road or charts of channel marking devices and op-
erating manuals for mechanical equipment aboard; providing
an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Mattox-
HJR 1399-A joint resolution proposing an amendment to
Section 16 of Article III of the State Constitution relating to
legislative apportionment.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By the Committee on Growth & Energy and Representatives
Andrews, Papy, and Eckhart-
HB 1400 (cs)-A bill to be entitled An act relating to munici-
pal electric utilities; authorizing creation of financing authori-
ties for the purpose of participating in a single joint power
project; authorizing the Public Service Commission to regulate
such authorities with respect to bonds and the financial sol-
vency of municipalities; providing for certain tax exemptions;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Gallagher, Hector, Smith, Fontana, Mc-
Pherson, Lockward, Bell, Hill, James, Hagan, Sheldon, and
Price-
HB 1401-A bill to be entitled An act relating to the Florida
Consumer Finance Act; amending s. 516.02, Florida Statutes,
increasing the amount which licensees may lend; amending
s. 516.031, Florida Statutes, increasing certain amounts and
percentages in the computation of interest rates and providing
a method for the computation of interest charges; deleting pro-
visions relating to charges for delinquent accounts; providing
for the use of an annual percentage rate for purposes of com-
puting interest; amending s. 516.18(1), Florida Statutes, con-
forming certain provisions to this act; amending s. 516.20(2),
Florida Statutes, conforming language and increasing the maxi-
mum time period for the repayment of loans; amending s. 516.21,
Florida Statutes, conforming language; deleting provisions re-
lating to husbands and wives; providing an effective and an
expiration date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Avon-
HB 1402-A bill to be entitled An act relating to public
officers and employees; amending s. 104.31(1), Florida Statutes,
1975, providing that it is a misdemeanor of the first degree
for certain public officers to use or cause to be used the sta-
tionery or letterhead of his office or of the agency of which
he is an officer or employee for the purpose of enclosing or
futhering a political candidacy; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.








JOURNAL OF THE HOUSI



By Representative Gersten-
HB 1403-A bill to be entitled An act relating to roads; pro-
viding that a designated road including the Rickenbacker Cause-
way and Crandon Boulevard in Miami, Dade County, should be
preserved at its present size and should not be expanded; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Moffitt-
HB 1406-A bill to be entitled An act relating to the Florida
Retirement System; adding paragraph (c) to s. 121.081(2), Flor-
ida Statutes, 1975, authorizing members of the Florida Re-
tirement System who were employed by the Parole and Pro-
bation Commission and :whose positions were subsequently
classified as special risk to purchase creditable service as
special risk members for a certain period; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Moffitt-
HJR 1407-A joint resolution proposing amendments to Sec-
tion 17 of Article III and Section 7 of Article IV of the State
Constitution relating to the removal from office of county
judges.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Moffitt-
HB 1408-A bill to be entitled An act relating to the Florida
Retirement Sytem; amending s. 121.091(4) (g), Florida Statutes,
1974 Supplement, providing a monthly benefit for certain jus-
tices or judges who are retired for disability pursuant to
Article V of the State Constitution; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Poorbaugh, Rude, and Avon-
HB 1410-A bill to be entitled An act relating to railroads;
amending s. 351.30, Florida Statutes, providing that, if a county
or municipality provides certain signals at a grade crossing, no
train is to make an audible indication of its approach to the
crossing except in case of emergency; requiring the Florida
Public Service Commission to adopt certain rules; providing an
effective date.
S-was read the first time by title and referred to the Com-
mittee on Transportation.

HB 1411-Withdrawn

By Representative Poorbaugh-
HB 1412-A bill to be entitled An act relating to corporations
not for profit; creating s. 617.28, Florida Statutes, requiring
corporations not for profit to report their financial affairs to
the Secretary of State; requiring the Secretary of State to
provide the Legislature with a descriptive analysis of such
.financial affairs; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

HB 1417-Withdrawn

By the Committee on Transportation and Representative
Lockward-
HB 1423 (cs)-A bill to be entitled An act relating to trans-
portation; creating ss. 339.40-339.48, Florida Statutes, provid-
ing state technical and financial assistance to local communities
for planning, development, and construction of mass transporta-
4tion facilities and services; providing a short title, legislative
intent and definitions; providing responsibilities of the De-
Spartment of Transportation; requiring a statewide plan for



April 6, 1976



E OF REPRESENTATIVES 77

mass transportation facilities; authorizing the department to
receive federal aid; providing for aid and funding for mass
transportation projects and providing procedures therefore; pro-
viding for contracts between the department and receiving
agencies; providing the department with rule making author-
ity; providing severability; providing local authority provi-
sions; providing for a committee on mass transportation and
requiring a report; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Transportation and Representatives
G. C. Robinson and Hagler-
HB 1426 (cs)-A bill to be entitled An act relating to traffic
control and bicycles; amending s. 316.111(7), Florida Statutes,
to prohibit the use of a roadway by bicycle riders where a
usable path for the exclusive use of bicycle riders has been
provided; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Singleton-
HB 1427-A bill to be entitled An act relating to emergency
medical services; amending s. 401.104, Florida Statutes, includ-
ing non-emergency medical transport services; adding sub-
section (5) to s. 401.107, Florida Statutes, defining non-emer-
gency medical transport; amending s. 401.111, Florida Stat-
utes, to include partial payment of non-emergency medical
transport charges; adding a new subsection (2) to s. 401.117,
Florida Statutes, providing a guideline for grant distribution
which will include non-emergency medical transport services;
providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Skinner-
HB 1431-A bill to be entitled An act relating to roads and
highways; authorizing and directing the Department of Trans-
portation to redesignate the Stephen Foster Memorial Highway
as the Stephen Foster Highway; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Skinner-
HB 1432-A bill to be entitled An act for the relief of George
W. Adams; providing an appropriation to compensate him for
damages caused by the negligence of the Game and Fresh Water
Fish Commission; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By iRepresentatives Brown, Bell, and Conway-

HB 1433-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021 (18), Florida Statutes;
revising the definition of past service; amending s. 121.081
(1)(a), Florida Statutes, 1974 Supplement, and adding a new
paragraph (d); removing a restriction on claiming past service
as creditable service; providing for the purchase of past service
by members of the Florida Retirement System who were
former officers or employees of a city or special district, not-
withstanding the status and, form of the -retirement system,
if any, of said city or special district; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1434-Withdrawn

By Representatives Moffitt and Gersten-
HB 1435-A bill to be entitled An act relating to attorney's
fees; providing that the prevailing party in certain speci-
fied civil actions may receive reasonable attorney's fees-and








78 JOURNAL OF THE HOUSE

costs from the nonprevailing party upon submission of a
sworn affidavit attesting to the legal services rendered, if any;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Rish-
HB 1438-A bill to be entitled An act relating to the Depart-
ment of Highway Safety and Motor Vehicles; amending s. 320.-
011(1), Florida Statutes, permitting the employment of en-
forcement personnel rather than deputies; providing for cita-
tion power for enforcement personnel in the enforcement of
laws relating to title certification, motor vehicle licensing, and
regulation of aircraft and pilots; repealing s. 320.58, Florida
Statutes, as amended, which provides for the appointment of
motor vehicle license inspectors by the Governor; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives Neal and Gersten-
HB 1439-A bill to be entitled An act relating to the Solici-
tation of Charitable Funds Act; creating s. 496.032, Florida Stat-
utes, requiring charitable organizations which solicit or have
contributions solicited on their behalf to furnish anyone making
a contribution in excess of $1.00 a statement disclosing the use
and disposition of all contributions received; providing for filing
this statement with the Department of State; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

HB 1440-Withdrawn

By Representative Crabtree-
HB 1441-A bill to be entitled An act relating to Court of
Administrative Appeals; creating a Court of Administrative
Appeals; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Crabtree-
HJR 1442-A joint resolution proposing amendments to Sec-
tions 1, 2, 4, and 5 and the creation of Section 3A of Article
V of the State Constitution relating to the judiciary.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Fontana-
HB 1443-A bill to be entitled An act relating to prescrip-
tions; amending s. 893.13(1)(e), Florida Statutes, prohibiting
possession of false or forged prescriptions for narcotics or
other controlled substances; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Richard-
HB 1444-A bill to be entitled An act relating to bribery;
amending s. 838.015(3), Florida Statutes, 1975, raising the
penalty for bribery from a felony of the third degree to a
felony of the first degree; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Gallagher-
HB 1445-A bill to be entitled An act relating to the Depart-
ment of Professional and Occupational Regulation; adding sub-
section (13) to s. 20.30, Florida Statutes; providing legislative
intent with regard to the role of the professional and occupa-



E



OF REPRESENTATIVES April 6, 1976

tional examining and licensing boards of the department; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Pajcic and Hazouri-
HB 1446-A bill to be entitled An act relating to retirement
system for school teachers; amending subsection (2) of section
238.181, Florida Statutes, increasing the number of hours of
part-time employment permitted retired teachers from 500 to
540; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representatives Hill, Lockward, Margolis, and Cherry-
HB 1448-A bill to be entitled An act relating to child care;
providing legislative intent; providing definitions; authorizing
the Department of Health and Rehabilitative Services to ad-
minister and regulate a child-care reimbursement program;
establishing standards of eligibility for recipients in the pro-
gram; providing for reimbursement based on ability to pay;
exempting such reimbursement from the application of certain
laws; providing for the administration of the program; pro-
viding for disposition of claims; providing for disqualification
in certain cases; providing penalties; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representative Morgan (by request)-
HB 1449-A bill to be entitled An act relating to the Depart-
ment of Commerce; repealing s. 20.17(8), Florida Statutes,
which creates a Bureau of Human Resources within the Divi-
sion of Labor of the Department of Commerce; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Thompson-
HB 1450-A bill to be entitled An act relating to saltwater
fisheries and conservation; amending s. 370.16(14), Florida Stat-
utes, exempting a designated portion of Franklin County from
the operation of the closed season law on the taking or pos-
session of oysters; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Growth & Energy and Representatives
J. W. Lewis, Grosse, Craig, Crenshaw, and Hazouri-
HB 1451 (cs)-A bill to be entitled An act relating to the
Florida Electric Power Plant Siting Law; amending s. 403.502,
Florida Statutes, providing legislative intent; adding a new
paragraph (c) to s. 403.505(2), Florida Statutes, requiring the
Division of State Planning of the Department of Administra-
tion to consider whether or not an electric power plant for
a proposed site will adversely affect fresh water resources in
classifying a 10-year site plan as suitable or unsuitable; a-
mending s. 403.507(2)(e), Florida Statutes, requiring the De-
partment of Environmental Regulation in studying proposed
power generating facilities to consider availability of water
for other competing uses; creating s. 403.516, Florida Statutes,
providing that the state shall undertake a power plant site
acquisition program along specified lines; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1452 (cs)-Withdrawn

By Representatives J. W. Lewis, Crenshaw, McDonald, Wil-
son, Belanger, Price, Bell, Martin, Gorman, Nergard, Williams,
Hodges, Mixson, Grosse, Peaden, G. C. Robinson, Hagler,
Fechtel, Hutto, T. Lewis, Freeman, Foster, Redman, Flynn,
Hill, Hazouri, Skinner, Burrall, Steinberg, Fontana, Hagan,








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Watson, Poole, Langley, Dyer, McCall, Knopke, Neal, Lock-
ward, Nuckolls, Thompson, Mann, Maxwell, Batchelor, Barrett,
Lehman, and Pajcic-
HB 1454-A bill to be entitled An act relating to parole and
probation; amending s. 947.16(1), Florida Statutes, 1974 Sup-
plement, providing minimum periods of confinement before
convicted persons may be eligible for parole; requiring the
Parole and Probation Commission to interview convicted per-
sons within 60 days prior to the expiration of the applicable
time period of the sentence to be served; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Melvin-
HB 1456-A bill to be entitled An act relating to the State
Career Service System; amending s. 110.022(1), Florida Statutes,
adding a new paragraph (i) and (j) to said subsection; requir-
ing that the Department of Administration establish rules and
procedures to be followed in hearing discrimination complaints
and for appeal of findings to the Career Service Commission;
providing that the decision of the commission is final; providing
for establishment of training and development programs; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

HB 1457-Withdrawn

By Representatives Gordon and Margolis-
HB 1458-A bill to be entitled An act relating to elections;
amending s. 106.19, Florida Statutes, prohibiting qualification
for public office by persons convicted of violation of certain
election laws; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Hagler-
HB 1459-A bill to be entitled An act relating to optometry;
amending s. 463.01, Florida Statutes, requiring persons engaged
in the examination of human eyes to recommend diagnosis and
evaluation by a licensed physician upon making certain deter-
minations; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Hutto-
HB 1460-A bill to be entitled An act relating to county
hospitals; amending ss. 155.07 and 155.11, Florida Statutes;
providing that a designated full time hospital employee may
countersign vouchers in certain instances; providing that a
designated individual may countersign warrants in the absence
of the chairman; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 1461-Withdrawn

By Representatives Forbes, Crenshaw, and Nuckolls-
HB 1462-A bill to be entitled An act relating to distribution
and sale of gasoline; providing for the regulation of marketing
agreements between gasoline distributors and gasoline dealers;
providing a short title; providing a declaration of policy; pro-
viding definitions; providing that gasoline dealers have a cause
of action against gasoline distributors under certain circum-
stances; providing that gasoline distributors have certain de-
fenses; providing that gasoline distributors have a cause of
action against gasoline dealers under certain circumstances;
providing for damages; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

HB 1465-Withdrawn



79



By the Committee on Health & Rehabilitative Services and
Representatives Sheldon, Lockward, Lehman, Flynn, Melvin,
T. Lewis, Sackett, Hodes, Gorman, Craig, and Gersten-
HB 1466 (cs)-A bill to be entitled An act relating to the
Department of Health and Rehabilitative Services; providing for
a plan for rehabilitation programs for persons with injuries
to the spinal cord; providing for emergency medical trans-
portation; providing for intensive trauma care centers, re-
habilitation centers, and halfway houses; providing for an an-
nual review of nursing home placements of spinal cord in-
jured persons; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Dick Clark-
HB 1467-A bill to be entitled An act relating to motor
vehicles; amending s. 319.22(1), Florida Statutes, providing
that no title shall be valid nor deemed perfected until the pur-
chaser obtains a title certificate; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Dick Clark-
HB 1468-A bill to be entitled An act relating to the Florida
Automobile Reparations Reform Act; amending s. 627.732(1),
Florida Statutes; providing for exemption from the provi-
sions of the act for motor vehicles operated pursuant to written
rental agreements of not exceeding 30 days' duration; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

HB 1470-Withdrawn

By Representative Avon-
HB 1471-A bill to be entitled An act relating to bail; creat-
ing section 903.035, Florida Statutes, prohibiting admitting to
bail a person charged with a felony who has previously been
convicted of a felony; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1472-Withdrawn

By Representative Batchelor-
HB 1474-A bill to be entitled An act relating to state uni-
form traffic control; adding subsection (67) to s. 316.003, Flor-
ida Statutes, 1974 Supplement, defining "alcoholic beverage";
amending s. 316.026(4), Florida Statutes, 1974 Supplement, re-
lating to general penalty provisions, conforming such provisions
to this act; creating s. 316.031, Florida Statutes, prohibiting any
person from consuming alcoholic beverages while operating a
motor vehicle; providing penalties for first and subsequent
offenses; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representatives Cherry and Singleton-
HB 1475-A bill to be entitled An act relating to the State
University System; creating ss. 241.4761 and 241.4762, Florida
Statutes; providing for the creation of a Department of Crimi-
nology at Florida Agricultural and Mechanical University; pro-
viding for the termination of the present Department of Crimi-
nology at Florida State University; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 1476-Withdrawn



HB 1478-Withdrawn



April 6, 1976








JOURNAL OF THE HOUSE



By Representative Coolman-
HB 1479-A bill to be entitled An act relating to state em-
ployees; creating s. 112.22, Florida Statutes, providing maternity
leave without pay for any female employee; providing that
such employee be permitted to return to work if certified as
physically capable; providing for the use of accrued sick leave;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Coolman-
HB 1480-A bill to be entitled An act relating to maternity
leave; creating s. 448.08, Florida Statutes, providing maternity
leave with or without pay for any female employee; providing
that such employee be permitted to return to work if certified
as physically capable; providing for the use of accrued sick
leave; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representatives Hill, Margolis, J. W. Robinson, Fontana,
Singleton, Young, Becker, Sheldon, Dyer, Davis, Flynn, Smith,
and McKnight-
HB 1481--A bill to be entitled An act relating to elections;
requiring that polling places be accessible to and usable by
elderly persons and physically handicapped persons; providing
for waiver of requirements; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Cherry (by request)-
HB 1482-A bill to be entitled An act relating to vital
statistics; repealing subsection (2) of section 382.35, Florida
Statutes, as amended, relating to disclosure of illegitimacy of
birth; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives G. C. Robinson (by request), Morgan, and
Hazouri-
HB 1483-A bill to be entitled An act relating to collective
bargaining by employees in Florida institutions of higher edu-
cation; adding subsection (17) to s. 447.203, Florida Statutes,
1974 Supplement, defining "student representative"; amending
s. 447.301, Florida Statutes, 1974 Supplement, providing for
participation in certain negotiations by student representatives
from state universities and state community colleges without
the right to vote on or veto actions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representatives Hawkins, Nuckolls, and Mann-
HB 1484-A bill to be entitled An act relating to emergency
medical services; amending s. 401.43, Florida Statutes, prohibit-
ing any person from fraudulently obtaining any emergency
services rather than just ambulance service; providing penalties
based upon the value of the services obtained; providing that
failure to pay for such services under certain circumstances
constitutes prima facie evidence of intent to defraud; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Hill-
HB 1485-A bill to be entitled An act relating to extra com-
pensation claims; amending s. 215.425, Florida Statutes, pro-
viding that the provisions of the section do not apply to wages
or compensation obtained by public employees pursuant to
the provisions of chapter 447, Florida Statutes; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.



OF REPRESENTATIVES April 6, 1976

By Representative Hawkins-
HB 1486-A bill to be entitled An act relating to alcoholic
beverage licenses; creating s. 561.21, Florida Statutes; pro-
viding legislative intent; providing that licenses issued under
s. 561.20(1), Florida Statutes, must be utilized at least 90 con-
secutive days during the current year of issuance; providing
an effective date.
-was read the first time by title and referred to the. Com-
mittee on Regulated Industries & Licensing.

By Representative Steinberg-
HB 1487-A bill to be entitled An act relating to motor
vehicles operated in common carriage of persons; amending s.
323.052(1), Florida Statutes, 1974 Supplement; permitting char-
tered counties to regulate and license motor vehicles operated
under contract or for compensation in the transportation of
persons over public highways; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Boyd-
HB 1488-A bill to be entitled An act relating to the State
Career Service System; amending s. 110.022(1)(b), Florida Stat-
utes; providing for the establishment of department rules to
provide for longevity pay increases; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representatives Grizzle, Burrall, J. R. Clark, Gibson,
Hawkins, Hazouri, Mattox, Maxwell, Papy, Thompson, Tolton,
Craig, Williamson, J. W. Robinson, Williams, Poorbaugh, Rish,
Mixson, and James-
HJR 1489-A joint resolution proposing an amendment to
Section 3 of Article III of the State Constitution, providing that
the regular session of the Legislature held in odd-numbered
years be open only for the consideration and passage of a
biennial general appropriations act, implementing legislation,
and finance and taxation legislation; providing emergency pow-
ers; providing that the regular sessions of the Legislature held
in even-numbered years be for the transaction of all other legis-
lative business.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations, Finance & Taxation, and
Appropriations.

By Representative Crabtree-
HB 1490-A bill to be entitled An act relating to municipal
recall; amending s. 100.361(1), (4), (6), (8), and (10), Flor-
ida Statutes, 1974 Supplement, providing procedures for the
recall of any elected official of a municipality or a chartered
county rather than only members of the governing body; pro-
viding that if a municipal charter requires a lower number or
percentage of signatures for certain recall procedures than
that required by general law, the charter provisions shall con-
trol; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Forbes-
HB 1492-A bill to be entitled An act relating to retirement;
providing for the connection of prior periods of service of Jack
M. Millis for retirement and pension fund purposes; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

HB 1493-Withdrawn

By Representative Conway-
HB 1494-A bill to be entitled An act relating to county
courts; providing that by no later than July 1, 1978, the county
courts in each county having a population of 100,000 or more








JOURNAL OF THE HOUSE OF REPRESENTATIVES



maintain an open office with access by the public 24 hours in
each day of the week; providing that not less than one judge in
each such county be available at all times to preside over
matters assigned to him; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

HB 1495-Withdrawn

By Representative Singleton-
HB 1496-A bill to be entitled An act relating to blanket
disability insurance; amending s. 627.659(2), Florida Statutes,
by making the spouse and dependent children of the employee
eligible for coverage; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Singleton-
HB 1497-A bill to be entitled An act relating to group dis-
ability insurance; amending s. 627.653(1), Florida Statutes, re-
ducing the number of employees necessary in a group; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative McPherson-
HB 1498-A bill to be entitled An act relating to water and
sewer systems; amending s. 367.022(2), Florida Statutes, to
exempt municipal systems deriving more than 50 percent of
their gross revenues from customers outside municipal
boundaries from the exemption from regulation for govern-
mental utility systems; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Moffitt--
HB 1500-A bill to be entitled An act relating to juvenile
offenders; adding subsection (7) to s. 39.02, Florida Statutes,
relating to jurisdiction in juvenile cases; specifically provid-
ing that a child accused of a crime cannot be proceeded against
as a juvenile and as an adult; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Richard-
HB 1501-A bill to be entitled An act relating to eminent
domain; amending s. 127.01(2), Florida Statutes, relating to
"the authority of counties to exercise the right of eminent
domain; deleting that portion which imposes a greater burden
on the counties in exercising the authority and power of emi-
nent domain to acquire real property to be used for parks, play-
grounds, recreational centers, or other recreational purposes;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By the Committee on Health & Rehabilitative Services and
Representatives Gordon, Gallagher, Kutun, Margolis, Stein-
berg, Becker, Barrett, Nuckolls, Hawkins, Lockward, Flynn,
Davis, Grizzle, J. W. Robinson, McKnight, Eckhart, Gersten,
Hill, Fontana, Cherry, Hector, Sheldon, Bloom, and Moore-
HB 1505 (cs)-A bill to be entitled An act relating to diabetes;
creating diabetes centers for education, treatment, and research;
providing for administration of the program by the Secretary
of the Department of Health and Rehabilitative Services; pro-
viding duties for the centers; creating a Diabetes Advisory
Council; providing for its membership; authorizing the diabetes
centers to apply for and accept funds, grants, gifts, or services;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



81



By Representative Bloom-
HB 1506-SF-A bill to be entitled A proposal relating to
State Universities.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Richard and Moore-
HB 1507-A bill to be entitled An act relating to registration
of electors; amending s. 97.063, Florida Statutes, 1974 Supple-
ment, providing for registration of electors by mail; providing
application procedures for such registration; providing grounds
for denial; providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1508-Withdrawn

By Representative Becker-
HB 1509-A bill to be entitled An act relating to ad valorem
taxation; amending s. 193.461, Florida Statutes, relating to agri-
cultural lands classification and assessment; authorizing classi-
fication of lands as agricultural for assessment purposes;
providing for conveyances and covenants relating to develop-
ment rights and restrictions on usage; providing procedures
and methods; providing for applications; providing assessment
factors to be used in assessing qualified lands; providing pro-
cedures for repurchase of development rights and conversion
of use of qualified lands; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Finance &
Taxation.

By Representatives Hector, Gordon, Sheldon, Moore, Kiser,
Coolman, Richmond, and Campbell-
HB 1510-A bill to be entitled An act relating to adultery
and fornication; amending s. 798.02, Florida Statutes, to remove
cohabitation by unmarried persons from the penalty for lewd
and lascivious behavior; repealing s. 798.01, Florida Statutes,
relating to persons living in open adultery; repealing s. 798.03,
Florida Statutes, removing the prohibition against fornication;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative McKnight-
HB 1514-A bill to be entitled An act relating to elections;
creating s. 104.013, Florida Statutes; prohibiting the unauthor-
ized use, possession, or destruction of a voter registration
identification card; providing for penalties; providing an effec-
tive date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 1516-Withdrawn

By Representative Freeman-
HB 1517-A bill to be entitled An act relating to the State
Career Service System; authorizing and directing the Depart-
ment of Administration to provide state employees in certain
counties with cost-of-living salary increases; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

HB 1522-SF-Withdrawn

By Representative Fortune-
HB 1523-A bill to be entitled An act relating to the De-
partment of Health and Rehabilitative Services; amending s.
500.351, Florida Statutes, relating to the regulation of drugs
and cosmetics; transferring fees paid to the Division of Health



April 6, 1976








82



JOURNAL OF THE HOUSE OF REPRESENTATIVES



to the State Treasurer for deposit in the General Revenue
Fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Singleton, Pajcic, Tucker, Cherry, Gordon,
Smith, Moore, and Gersten-
HB 1525-A bill to be entitled An act relating to public
officers and employees; creating s. 112.044, Florida Statutes;
providing legislative intent to provide equal opportunity in state
government; providing for a state equal employment oppor-
tunity program; providing a short title; requiring positive pro-
grams for equal opportunity; providing duties of the Division
of Labor of the Department of Commerce; providing duties and
responsibilities of state agencies; providing for enforcement;
providing for funding; providing severability; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representative Hawkins-
HB 1527-A bill to be entitled An act relating to alcoholic
beverage licenses; repealing s. 561.20, Florida Statutes, relating
to the limitation on number of certain licenses to be issued;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Hawkins-
HB 1528-SF-A bill to be entitled A proposal relating to
alcoholic beverage licenses.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representatives Becker, Margolis, Gersten, and Moore-
HB 1529-A bill to be entitled An act relating to the Florida
Residential Landlord and Tenant Act; amending s. 83.72, Flor-
ida Statutes; providing for civil actions, including class actions,
against a landlord; providing for treble damages, punitive
damages, and equitable relief; making the landlord liable for
court costs and attorney's fees; providing for a master or re-
ceiver to disburse judgment to members of the class in a class
action suit; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Culbreath, Easley, Batchelor, Foster, Wil-
son, Hattaway, Hector, Hodges, Flynn, Singleton, Barrett,
Nuckolls, Matthews, Rude, Harrington, Price, Crenshaw, Smith,
Johnson, Crabtree, Hawkins, Poole, Langley, Cherry, and G. C.
Robinson-
HB 1531-A bill to be entitled An act relating to motor car-
riers; amending s. 323.08(4), Florida Statutes, 1974 Supplement,
deleting the exemption provided carriers of road building and
construction aggregates from being required to file with the
Public Service Commission a schedule of its rates together
with certain other information and the payment of certain fees
for purposes of the regulation of such rates or time schedules
by the commission; amending s. 323.051, Florida Statutes, pro-
viding that any motor carrier holding a for hire permit to
transport road building and construction aggregates on June 1,
1976 may apply for and shall receive a certificate of public
convenience and necessity upon payment of a fee; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

HB 1532-Withdrawn



HB 1534-Withdrawn



April 6, 1976



By Representatives Dyer, McPherson, Boyd, Lehman, Cool-
man, Rude, Poole, Young, Williamson, and Avon-
HB 1535-A bill to be entitled An act for the relief of the
City of Hollywood, Broward County; providing for reimburse-
ment for the construction of an ocean outfall in reliance on
approval by the Florida State Board of Health and reconversion
to secondary waste treatment as required by Florida Statutes
and administrative regulation; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Rude-
HB 1536-A bill to be entitled An act relating to the Com-
munity Redevelopment Act; amending s. 163.385(1), Florida
Statutes, authorizing counties and municipalities to bond com-
munity redevelopment projects based upon the anticipated
value of the completed project; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representatives Gordon, Margolis, Pajcic, Coolman, Rude,
Davis, Kiser, T. Lewis, Hazelton, Morgan, J. W. Robinson,
Cherry, Hector, Sheldon, Bloom, Campbell, Andrews, Gersten,
and Hodes-
HB 1537-A bill to be entitled An act relating to change of
name; amending s. 62.031(7), Florida Statutes, and adding a
new subsection, to provide that a petition for a change of
name shall not be denied on the basis of sex or marital status;
amending s. 382.28, Florida Statutes, which requires the Bureau
of Vital Statistics to prescribe the form for marriage licenses,
to require that such licenses include provisions allowing each
person to select, as a legal surname for either or both, and
allowing both persons to select, as a legal surname for the
children of the marriage, at the time of applying for such
license, certain names or combinations of names; providing an
effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Morgan, Tucker, and Hazelton-
HB 1538-A bill to be entitled An act relating to probate;
creating s. 733.110, Florida Statutes, requiring the Clerk of the
Circuit Court to provide forms and instruction to enable certain
persons to institute probate proceedings without an attorney;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

HB 1540-Withdrawn

By Representatives Smith, Neal, Blackburn, and J. W.
Lewis-
HB 1541-A bill to be entitled An act relating to coin-
operated vending machines and parking meters; amending
s. 877.08(3), Florida Statutes, increasing to a first degree mis-
demeanor the penalty for the first offense of breaking into
a coin-operated vending machine or parking meter with intent
to commit larceny; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Smith and J. W. Lewis-
HB 1542-A bill to be entitled An act relating to petit lar-
ceny; amending s. 812.021(3), Florida Statutes, 1975, imposing
mandatory minimum imprisonment for second and third or sub-
sequent convictions of petit larceny; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.








JOURNAL OF THE HOUSE



By Representative Smith--
HB 1543-A bill to be entitled An act relating to law en-
forcement; prohibiting the rules of a law enforcement agency
concerning the discharge of duties by a police officer to be used
as evidence of a standard of due care or negligence in any
civil action other than a disciplinary proceeding between the
officer and his employing agency; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Grosse-
HB 1545-A bill to be entitled An act relating to appren-
ticeship; creating s. 446.075, Florida Statutes, to authorize the
Division of Labor to enter into contracts with the United States
Department of Labor to act as registration agent for federal
apprenticeship registration purposes; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Growth & Energy and Representative
Gersten-
HB 1547 (cs)-A bill to be entitled An act relating to the
Florida Public Service Commission; creating s. 350.80, Florida
Statutes, prohibiting any public utility or other entity regu-
lated by the commission from releasing certain confidential
information to any person or investigatory agency or party
in a civil action except upon court order or upon an ex part
court order upon a certain showing; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Skinner-
HB 1548-A bill to be entitled An act relating to memorials,
museums, and fine arts; amending ss. 265.13, 265.14, 265.15,
265.151, 592.13, Florida Statutes, redesignating the Stephen
Foster Memorial and the Stephen Foster Memorial Board of
Trustees as the Stephen Foster Center and the Stephen Foster
Center Board of Trustees, respectively; authorizing the board
to erect and maintain a center for the performing arts; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

HB 1549-SF-Withdrawn

By Representative Sheldon--
HB 1550-A bill to be entitled An act relating to unemploy-
ment compensation; repealing s. 443.06(8), Florida Statutes,
removing the disqualification for unemployment benefits upon
receipt of or eligibility for pension income; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Rude (by request), T. Lewis, and Hazel-
ton-
HJR 1552-A joint resolution proposing an amendment to
Section 4 of Article IX of the State Constitution, to authorize
the legislature to provide for the division of any county or
counties into school districts.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Campbell-
HJR 1553-A joint resolution proposing an amendment to
Section 15 of Article V of the State Constitution relating to
the admission and discipline of attorneys.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.



April 6, 1976



OF REPRESENTATIVES 83

By Representative Campbell-
HB 1554-A bill to be entitled An act relating to administra-
tive boards; amending s. 455.011, Florida Statutes, relating to
examination of applicants; providing that such examinations
are not meetings for purposes of the "government in the sun-
shine law"; providing for the confidentiality of such examina-
tion; providing for an examination information bulletin; pro-
viding for candidate examination review; providing for develop-
ment of an examination manual; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Campbell-
HB 1555-A bill to be entitled An act relating to licensing
boards; defining the term "health-related licensing board"; pro-
viding for the composition of all such boards to include repre-
sentatives from enumerated fields, and providing that at least
50 percent membership of any one board consist of nonprac-
titioners in the regulated field; grandfathering in existing
board members; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Campbell, Becker, and Adams-
HB 1556-A bill to be entitled An act relating to licensing
boards; defining the term "he teralth-related licensing board";
establishing prerequisites for licensure of certain persons by
endorsement; providing that health-related licensing boards may
require oral examinations prior to licensure by endorsement;
providing that a license becomes void under certain circum-
stances; requiring health-related licensing boards to promul-
gate rules and establish procedures for licensure by endorse-
ment in health-related fields; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Campbell and Becker-
HB 1557-A bill to be entitled An act relating to the De-
partment of Professional and Occupational Regulation; amend-
ing s. 20.30(7) and (8), Florida Statutes, and adding a sub-
section, requiring all examining and licensing boards under the
department to use the department's legal, investigative, and
bookkeeping services; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By the Committee on Health & Rehabilitative Services and
Representative Sheldon-
HB 1558 (cs)-A bill to be entitled An act relating to drug
abuse; amending s. 397.011, Florida Statutes, removing authority
of trial judges to require convicted offenders to participate
in drug rehabilitation programs rather than face criminal im-
prisonment; repealing subsections (2) and (4) of s. 397.021,
Florida Statutes, as amended, which define the terms "drug
dependent" and "detoxification" for purposes of law relating
to rehabilitation of drug dependents; amending s. 397.021(3) (a),
Florida Statutes, 1974 Supplement, and adding subsection (8),
redefining the term "DATE center" and defining the term
"mental health professional"; amending s. 397.041(1) and (2),
Florida Statutes, providing facilities for drug abusers rather
than drug dependents; amending s. 397.051(1) and (2), Florida
Statutes, providing for admission to licensed drug treatment
programs; amending s. 397.052(1), (2), (3), and (6), Florida
Statutes, 1974 Supplement, providing changed procedures with
regard to involuntary treatment of persons; amending s. 397.-
091(2), Florida Statutes, providing for administrative exten-
sion of certain licenses; amending s. 397.095, Florida Statutes,
changing certain provisions relating to right of entry and in-
spection; amending s. 397.096, Florida Statutes, permitting
disclosure of certain information; amending s. 397.19, Florida
Statutes, changing the source of funds for certain purposes;
amending s. 397.20, Florida Statutes, 1974 Supplement, increas-
ing reimbursement to drug rehabilitation programs; repealing
s. 397.11(2), Florida Statutes, which defines the term "de-
partment"; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Campbell and Becker-
HB 1559-A bill to be entitled An act relating to govern-
mental reorganization; amending s. 20.30, Florida Statutes, 1975,
changing the name of the Department of Professional and Oc-
cupational Regulation; providing that the department shall,
through its divisions and bureaus, provide all administrative,
legal, and investigative services and shall administer examina-
tions; redesignating the present examining and licensing boards
as advisory councils to the Division of Professions and the Divi-
sion of Occupations; granting the department control of the
records, personnel, property, and funds of each such board;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Morgan, Margolis, Flynn, Gersten, and
Adams-
HB 1560-A bill to be entitled An act relating to disabled
persons; providing definitions; requiring the provision of a cer-
tain number of specifically reserved parking spaces adjacent
to or near public buildings and facilities for use by disabled
persons and disabled persons confined to wheelchairs; pro-
viding for location and configuration of such spaces; providing
for identification of such spaces; providing for removal of
unauthorized vehicles from such spaces; prohibiting unauthor-
ized use of such spaces; providing penalties; providing for
implementation; providing an effective date.
--was read the first time by title and placed on the Cal-
endar without reference.

HB 1561-Withdrawn

By Representatives Smith, Neal, Richard, Blackburn, and
J. W. Lewis-
HB 1562-A bill to be entitled An act relating to weapons;
amending s. 790.001(13), Florida Statutes, and adding subsec-
tion (14) to said section, to include "Nunchaku karate sticks,"
"chuka sticks," or "centrifugal force sticks" within the defini-
tion of "weapon" for the purposes of chapter 790, Florida Stat-
utes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Dyer, Rude, Poole, Williamson, Coolman,
Lehman, McPherson, Boyd, and Young-
HB 1563-A bill to be entitled An act relating to county
boundaries; amending ss. 7.06 and 7.13, Florida Statutes, to
extend the boundaries of Broward County to include certain
property in Dade County; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By. Representatives Smith, Neal, Richard, and J. W. Lewis-
HB 1564-A bill to be entitled An act relating to garnish-
ment; creating s. 77.035, Florida Statutes, to require notice to
defendant when a writ is issued against a bank or other finan-
cial institution; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Crenshaw-
HB 1565-A bill to be entitled An act relating to civil pro-
cedure; repealing s. 47.163, Florida Statutes, as amended, which
requires the consent of the parties before a change of venue
may be made to any county where either of the parties reside;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Crenshaw-
HB 1566-A bill to be entitled An act relating to education;
creating the Demonstration Scholarship Program Authorization



Act of 1976; providing legislative intent; providing demonstra-
tion scholarship programs for grades K-12 of certain public
schools; providing definitions; authorizing district school boards
to contract for federal funds with which to establish and con-
duct such programs; authorizing appointment of demonstra-
tion boards to administer such programs, subject to the ap-
proval of the appointing district school boards; providing for
membership, staff, powers, and duties thereof; providing for
the establishment of eligibility requirements to be met by par-
ticipating schools and school children; providing procedures
for establishing amount of scholarship to be awarded; requiring
certain evaluation reports; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Crenshaw-
HB 1567-A bill to be entitled An act relating to pollution
control; adding subsection (4) to s. 403.1822, Florida Statutes,
defining "sewage treatment facilities"; amending s. 403.1826(4)
and (5), Florida Statutes, and adding subsection (10), increas-
ing from 25 percent to 75 percent the portion of the cost of a
sewage treatment facility otherwise eligible for a federal grant,
that is eligible for a state grant from the State Water Pollu-
tion Control Trust Fund; providing that state grants are an
advance on federal funds; requiring federal authorization of an
advance grant for certain purposes; amending s. 403.1835(2)(b)
and (8), Florida Statutes, redefining "sewage treatment facili-
ties" to include disposal of certain wastes; requiring cash bal-
ances in the Sewage Treatment Loan Fund to be transferred
to the State Water Pollution Control Trust Fund instead of to
the General Revenue Fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1568-Withdrawn

By Representatives Williamson, Avon, Steinberg, Becker,
Lehman, Rude, Considine, Poole, and Dyer-
SHB 1569-A bill to be entitled An act relating to condo-
miniums and cooperative apartments; adding subsection (5) to
s. 711.68, Florida Statutes, 1974 Supplement, relating to the sale
of units which are sold subject to a lease; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Avon-
HB 1570-A bill to be entitled An act relating to private
contract carriers; adding a new paragraph (e) to s. 323.04(1),
Florida Statutes, requiring proof that a certain percentage of
rolling stock is titled and licensed to a certificate holder as a
part of an application for certificate of convenience; providing
for compliance by current certificate holders; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By the Committee on Governmental Operations and Represen-
tatives Hector, Gersten, Rude, Eckhart, and Dyer-
HB 1572 (cs)-A bill to be entitled An act relating to local
arts councils; authorizing each county to establish a County
Fine Arts Council for the purpose of stimulating, encouraging,
promoting, and supporting the arts; declaring same to be a
public purpose; defining "the arts"; setting forth procedures
for selecting members; providing for terms, powers and duties;
providing for the issuance of revenue bonds; providing rights
and remedies of bondholders; providing for employees to be
subject to the provisions of civil service; providing for pro-
curement of funds, if available, from the Florida Fine Arts
Council for establishment and annual operation of county
council; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



84



April 6, 1976








JOURNAL OF THE HOUS1



By the Select Committee on Human Rights and Representa-
tives Morgan, Tucker, Hazelton, Gordon, Richard, T. Lewis, and
Gersten-
HB 1573 (cs)-A bill to be entitled An act relating to
employment; providing legislative intent; creating the Florida
Age Discrimination in Employment Act; providing definitions;
prohibiting employers, including public employers, employment
agencies, and labor organizations from discriminating against
persons on the basis of age; providing exceptions; authorizing
a private cause of action to enforce the provisions of this act;
requiring the posting of notice; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Melvin, Hagler, Peaden, Tolton, G. C.
Robinson, and Gorman-
HB 1575-A bill to be entitled An act for the relief of Guin
& Hunt, Inc., a Florida corporation; providing an appropria-
tion to compensate it for losses incurred in the performance
of work above and beyond that required by a contract for cer-
tain construction on a service plaza owned by the Department of
Transportation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representatives Melvin, G. C. Robinson, Peaden, Tolton,
Hagler, and Gorman-
HB 1576-A bill to be entitled An act for the relief of Guin
& Hunt, Inc.; providing an appropriation to compensate it for
losses incurred in the performance of work above and beyond
that required by a contract for certain construction in a project
owned by the Department of General Services; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

HB 1578-Withdrawn

By Representative Avon-
HB 1580-A bill to be entitled An act relating to motor car-
riers; amending s. 323.08(4), Florida Statutes, 1974 Supplement,
deleting provisions which exempt carriers of road-building and
construction aggregates from the requirement that they keep
schedules of rates, fares, charges, and classifications and from
provisions' relating to the review of such schedules by the
Florida Public Service Commission; deleting provisions which
exempt such carriers further from provisions which prohibit
carriers from charging rates not approved by the commission
or from refunding any rates; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives Melvin, Clem, and Watson-
HB 1582-A bill to be entitled An act relating to judicial
treatment of juveniles; amending s. 39.01(6), Florida Statutes,
1975, s. 39.03(3)(b) and (5)(b), Florida Statutes, 1975, and
s. 39.11(2)(a) and (4), Florida Statutes, 1975, reducing the
age under which a person is considered a child for purposes of
judicial treatment of juveniles; providing that the placement or
assignment of a child within a jail is the joint responsibility
of the court and the law enforcement agency head under whose
supervision the jail is placed; permitting the court to require
certain things of an agent who supervises a child's probation;
authorizing the court's participation in decisions concerning
placement of a child in a training institution; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By the Committee on Education and Representatives Pajcic
and Redman-
HB 1583 (cs)-A bill to be entitled An act relating to in-
structional materials; amending s. 233.14, Florida Statutes,
1975, and s. 233.17, Florida Statutes, 1974 Supplement, fixing



April 6, 1976



E OF REPRESENTATIVES 85

the contract length at 6 years; amending s. 233.16(1) and (2),
Florida Statutes, 1974 Supplement; providing for renegotiation
of the contract price in the second and fourth year of the adop-
tion under certain circumstances; providing for a maximum price
after renegotiation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Melvin, Craig, McCall, Mixson, and Con-
way-
HB 1584-A bill to be entitled An act relating to racing;
amending s. 550.26(5) and (6), Florida Statutes, relating to the
tax on breaks levied on pari-mutuel pools conducted by harness
racing licensees and quarterhorse licensees; providing that all
of the breaks tax be deposited in respective promotion trust
funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Richmond-
HB 1585-A bill to be entitled An act relating to personnel
of school system; amending s. 231.24, Florida Statutes; pro-
viding that certain teaching certificates shall be extended as a
matter of right; removing provisions relating to additional
training or experience which may be deemed prerequisite to
such extension; prohibiting the State Board of Education from,
by rule, requiring applicant to earn college credit or its equiva-
lent as a prerequisite to such an extension; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 1586-Withdrawn

By Representative Barrett-
HB 1587-A bill to be entitled An act relating to driver's
licenses; adding paragraph (c) to s. 322.271(1), Florida Stat-
utes, 1974 Supplement, providing that, in cases where a per-
son's driver's license is suspended, cancelled or revoked and the
person requests a hearing, the suspension, cancellation, or revo-
cation shall be stayed until the hearing is complete; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

HB 1588-Withdrawn

By Representative Morgan (by request)-
HB 1589-A bill to be entitled An act for the relief of Stanley
Campbell; providing an appropriation to compensate him for
injuries received on the Florida Agricultural and Mechanical
University Campus; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

HB 1590-Withdrawn

By Representative Barrett-
HB 1591-A bill to be entitled An act relating to juveniles;
amending s. 39.02(5)(c), Florida Statutes, 1974 Supplement, ex-
tending the time period during which no adjudicatory hearing
shall be held after a child is taken into custody for committing
certain acts; clarifying existing language; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By the Committee on Elections and Representatives Mattox,
McKnight, and Harrington-
HB 1592 (cs)-A bill to be entitled An act relating to elec-
tions; amending s. 102.012(8), Flordia Statutes, providing that








86 JOURNAL OF THE HOUSE

training classes for inspectors, clerks, and deputy sheriffs shall
be conducted by the supervisor of elections prior to the first
primary election rather than prior to each primary election;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Gersten-
HB 1593-A bill to be entitled An act relating to criminal
procedure; creating s. 909.011, Florida Statutes; requiring the
court to determine in open court the voluntary nature of a
plea of guilty; requiring inquiry into discussions related to
plea bargaining; requiring entry of plea bargaining agreements
upon the record; providing for withdrawal of a plea if the
court determines it is unwilling to comply with the terms
of the agreement; providing for a record of such proceedings;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

HB 1594-Withdrawn

By Representatives Becker, Kiser, Flynn, and Gersten-
HB 1595-A bill to be entitled An act relating to homestead
tax exemption; amending s. 196.101, Florida Statutes, entitling
certain paraplegics, hemiplegics, blind persons, and other totally
and permanently disabled persons, to the homestead tax exemp-
tion, in addition to quadriplegic; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

HB 1597-Withdrawn

By Representative Grosse-
HB 1598-A bill to be entitled An act relating to the Depart-
ment of Commerce; amending s. 20.17(1)-(5), (6)(a) and (b),
(10), and (11)(b), (d), and (e), Florida Statutes, 1975, changing
the name of the Department of Commerce to the Department of
Commerce and Labor; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

HB 1599-Withdrawn

By Representative Avon-
HB 1600-A bill to be entitled An act relating to motor
carriers; creating s. 323.035, Florida Statutes, limiting the
period of time for which credit may be allowed to or by certain
carriers; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

HB 1602-Withdrawn

By Representative Craig-
HB 1604-A bill to be entitled An act relating to the Internal
Improvement Trust Fund; amending s. 253.111(1), Florida Stat-
utes, authorizing the Board of Trustees of the Internal Improve-
ment Trust Fund, upon request of the Department of Natural
Resources, to convey land to the state before offering the land
to the county wherein the land is situated or to any private
entity; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HJR 1605-Withdrawn

By Representative Eckhart-
HB 1607-A bill to be entitled An act relating to saltwater
fisheries and conservation; amending s. 370.113, Florida Statutes,
to remove the limitation upon the number of queen conchs that



I



3 OF REPRESENTATIVES April 6, 1976

may be taken in any calendar day, or possessed; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

HB 1608-Withdrawn

By Representative Johnson-
HB 1609-A bill to be entitled An act relating to banks;
creating s. 659.365, Florida Statutes; providing that, whenever
a drawee bank dishonors a customer's check because of insuffi-
cient funds in the customer's account, the bank shall, upon
notification of the customer, freeze such account and honor no
checks drawn thereon until such time as the customer deposits
funds sufficient to cover all the dishonored checks and any
service charges accrued, or shows proof that the dishonored
check which caused the freezing of the account has been satis-
fied and the current balance in the account is sufficient to
cover all subsequently dishonored checks and any service
charges accrued; requiring banks to keep certain records and
notify the customer when the account is frozen; providing im-
munity of banks from liability for wrongful dishonor; pro-
viding for service charges to a customer whose account is
frozen; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Avon-
HB 1611-A bill to be entitled An act relating to motor car-
riers; amending s. 323.08(4), Florida Statutes, 1974 Supplement,
deleting provisions relating to restrictions upon requirements
for domiciling equipment of holders of limited common carrier
certificates and relating to certain requirements imposed upon
motor vehicles with a load capacity of 10 tons or less; repeal-
ing ss. 323.031, 323.051, and 323.151, Florida Statutes, removing
provisions relating to the regulation of the transportation of
road building and construction aggregates by the Florida Public
Service Commission and the imposition of fees and taxes for
certificates of public convenience and necessity and for hire
certificates for motor carriers transporting such aggregates;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Ogden-
HB 1612-A bill to be entitled An act relating to local
government surplus funds; creating ss. 18.24-18.27, Florida
Statutes, authorizing the creation of the Local Government
Surplus Funds Trust Fund to provide for investment of local
government surplus funds by the state for those units of local
government desiring to utilize such assistance; providing for
administration of the Local Government Surplus Funds Trust
Fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Finance & Taxation.

By Representative Campbell-
HB 1613-A bill to be entitled An act relating to optometry;
amending s. 463.05, Florida Statutes, prohibiting the Florida
State Board of Optometry from adopting certain rules; repeal-
ing s. 463.11(4), Florida Statutes, which prohibits undertaking
the practice of optometry with any organization, group, or lay
individual; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Conway-
HJR 1614-A joint resolution of apportionment; providing
for the apportionment of the House of Representatives of the
Florida Legislature, to be composed of not more than 80 mem-
bers; declaring the state policy followed by the Legislature in
such apportionment; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.








JOURNAL OF THE HOUSE



By Representative Conway-
HB 1615-A bill to be entitled An act relating to environ-
mental land and water management; creating s. 380.065, Florida
Statutes, providing a procedure which developers may use in
cases where development or proposed development would not
have a substantial impact on more than one county; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By the Committee on Natural Resources and Representative
Conway-
HB 1616 (cs)-A bill to be entitled An act relating to environ-
mental control; adding subsection (3) to s. 403.506, Florida Stat-
utes; directing the Department of Environmental Regulation
to provide for the distribution of copies of applications for
certification of power plant sites to affected jurisdiction; pro-
viding a time period for response to such applications; pro-
viding that failure to respond constitutes a waiver of certain
rights; amending s. 403.507(1), Florida Statutes, to conform
to the provisions of this act; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Mattox-
HB 1617-A bill to be entitled An act relating to contracts;
amending s. 725.06, Florida Statutes, relating to construction
contracts, to provide that certain contracts which include pro-
visions for indemnification from liability for damages arising
out of the contracts shall be void under certain enumerated
circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

HB 1619-Withdrawn

By Representatives Mann and Coolman-
HB 1620-A bill to be entitled An act relating to game and
fresh water fish; creating s. 372.735, Florida Statutes, providing
for the disposition and appraisal of any vehicle, vessel, animal,
conveyance, or hunting device used in the illegal taking or
possession of deer, wild turkeys, or alligators; providing for
the forfeiture of any such conveyance or device under certain
circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Rude-
HB 1621-A bill to be entitled An act relating to weapons
and firearms; creating s. 790.075, Florida Statutes, providing
mandatory terms of imprisonment for certain crimes committed
while armed; providing for successive sentences, and mitigating
circumstances; protecting citizens in the lawful use of fire-
arms; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Kiser-
HB 1622-A bill to be entitled An act relating to arrests;
creating s. 901.35, Florida Statutes, authorizing district school
boards and school superintendents to commission or appoint
special security officers to protect school personnel, property,
and students; providing powers, compensation, and qualifications
of officers; requiring such officers to be bonded; authorizing
certain persons to sue such officers; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Smith (by request)-
HB 1623-A bill to be entitled An act relating to the disso-
lution of marriage; amending s. 61.19, Florida Statutes, to
eliminate the 20-day delay period required to elapse between



April 6, 1976



OF. REPRESENTATIVES 87

the date of filing the original petition for dissolution of mar-
riage and the date on which final judgment may be entered;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Hodes-
HB 1624-A bill to be entitled An act relating to educational
accountability; amending s. 229.57(3) and (4), Florida Statutes,
1974 Supplement, directing the Commissioner of Education to
establish certain statewide educational objectives, with the
approval of the State Board of Education, by April 1, 1977,
for a specified time period; providing requirements with respect
to the statewide system of educational assessment; requiring
annual or semiannual assessment reports by district school
boards; providing required procedures for identifying infor-
mation on certain school instructional programs; requiring
school districts to utilize statewide assessment results in certain
comprehensive plans; requiring summaries and interpretations
of assessment results in each school's annual report of school
progress; providing for the development of special educational
assessment systems; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Fortune-
HB 1625-A bill to be entitled An act relating to court
costs; providing legislative intent; requiring an additional fee
or charge for the institution of any civil action; providing for
the assessment of certain additional costs in penal and criminal
actions and related proceedings; providing an exception; pro-
viding for waiver of such additional fees and costs in certain
instances; providing for disposition of funds collected from such
additional fees and costs; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

HB 1627-Withdrawn

By Representative Smith-
HB 1628-A bill to be entitled An act relating to the tax
on sales, use, and other transactions; adding paragraph (1) to
subsection (7) of s. 212.08, Florida Statutes, 1974 Supplement,
exempting from taxation that portion of the price of a motor
vehicle attributable to pollution control or emission control sys-
tems and safety equipment; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Smith-
HB 1629-A bill to be entitled An act relating to motor and
special fuel taxation; adding subsection (4) to s. 336.021, Florida
Statutes, defining the term "transportation system" as such
term applies to projects for support of which a certain motor
and special fuel tax is levied; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Steinberg-
HB 1630-A bill to be entitled An act relating to credit card
sales; requiring certain vendors offering credit to offer to
any cash-paying customers discounts equivalent to certain
charges made by credit card issuers of such vendors; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Craig-
HB 1631-A bill to be entitled An act relating to the Legis-
lature; amending s. 11.143, Florida Statutes, to clarify existing
language to authorize subcommittees of standing or select com-
mittees to issue subpoenas and perform certain other functions








88 JOURNAL OF THE HOUSE

which are necessary to conduct hearings, and which are present-
ly permitted to such committees; authorizing the chairman of
each such committee or subcommittee to issue process; author-
izing the chairman or any other member thereof to administer
oaths or affirmations; providing that any such committee or sub-
committee which conducts hearings to take sworn testimony
must consist of at least five members; authorizing the presiding
officer to direct witnesses to respond to certain requirements
upon penalty of contempt; requiring the issuance of certain
information to witnesses; authorizing witnesses, upon timely
request and upon payment therefore, to be furnished with tran-
scripts of proceedings; providing procedure for the issuance
of civil action and legislative subpoenas; providing for service;
providing for reimbursement of certain expenses of witnesses;
extending the prohibition against false swearing before any
standing or select committee to any subcommittee thereof, and
providing a penalty therefore; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representative Easley-
HB 1633-A bill to be entitled An act relating to appropria-
tions; amending s. 216.181(1), Florida Statutes, to provide that
amendments to legislative budgets submitted pursuant to ss.
216.023 and 216.162, Florida Statutes, shall be in the form of a
concurrent resolution; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

HB 1634-Withdrawn

HB 1636-Withdrawn



By Representatives J. W. Lewis, Forbes, Grosse, and Avon-
HB 1637-A bill to be entitled An act relating to motor ve-
hicles; adding subsection (12) to s. 20.16, Florida Statutes,
1975, amending s. 320.27(1)(c), Florida Statutes, 1975, and
creating ss. 320.901 through 320.915, Florida Statutes, creating
the State Used Car Dealers Licensing Board within the De-
partment of Business Regulation; providing for composition
of the board; providing for the licensing of used car dealers
by the board; providing procedures and requirements; pro-
viding exceptions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representative Morgan-
HB 1639-SF-A bill to be entitled A proposal relating to ad-
valorem property taxation.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

HB 1640-Withdrawn

By Representative Foster-
HB 1641-A bill to be entitled An act relating to livestock
at large; amending s. 588.13(4), Florida Statutes; enlarging
the definition of "public roads" for purposes of the fence law
to include county maintained roads in addition to Department
of Transportation maintained roads; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Craig-
HJR 1643-A joint resolution proposing an amendment to
Section 5 of Article III of the State Constitution relating to the
legislature.
-was read the first time by title and referred to the Com-
*mittee on Judiciary.



HB 1644-Withdrawn



IE



OF REPRESENTATIVES April 6, 1976

By the Committee on Regulated Industries & Licensing and
Representative Dixon (by request)-
HB 1645 (cs)-A bill to be entitled An act relating to cosme-
tology; amending s. 477.02(1) and (4), Florida Statutes, and
adding a new subsection; requiring licensure of any person who
operates a cosmetology salon or specialty salon; providing that
each cosmetology salon shall be supervised by a registered
master cosmetologist; providing for supervision of specialty
salons by registered cosmetologists or specialists; providing for
inspection of salons; amending s. 477.03, Florida Statutes, pro-
viding definitions of the various practices of cosmetology;
amending s. 477.04, Florida Statutes, to provide that a regis-
tered cosmetologist may be in charge of, own, or operate a
specialty salon without the supervision of a registered master
cosmetologist; amending s. 477.06(4), Florida Statutes, to pro-
vide for categories and qualifications of specialists; repealing
s. 477.06(2), Florida Statutes, relating to discontinuation of issu-
ance of certificates of registration to practice manicuring and
pedicuring; adding subsection (9) to s. 477.08, Florida Statutes,
providing for approval by the board of courses of training for
certification; adding subsections (5) and (6) to s. 477.29, Florida
statutes, providing for issuance of certificates to persons al-
ready practicing as specialists; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1646-Withdrawn

HB 1647-Withdrawn

HB 1648-Withdrawn

HB 1649-Withdrawn

By Representatives Becker and Gersten-
HB 1650-A bill to be entitled An act relating to court
costs; amending s. 57.081(1) and (3), Florida Statutes; providing
the services of courts, sheriffs, and clerks of the state without
charge to insolvent persons having actionable claims, demands,
and causes or taking appeals in proceedings in which such
persons have actionable claims, demands, and causes; providing
such services without charge to persons who are defendants
or respondents in such proceedings; deleting the required
attorney's certificate in certain instances; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Becker-
HJR 1651-A joint resolution proposing an amendment to
Sections 2 and 9 of Article VII of the State Constitution relat-
ing to property taxation.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Hector-
HB 1653-A bill to be entitled An act relating to savings
and loan associations; amending s. 665.231(5), Florida Stat-
utes, directing the Comptroller to adopt rules restricting or
prohibiting certain inducements for savings accounts; permit-
ting such inducements to the extent that federal savings and
loan associations are permitted to use such inducements;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Hector-
HB 1654-A bill to be entitled An act relating to banking;
creating s. 658.051, Florida Statutes, providing that the Depart-
ment of Banking and Finance regulate the offering of induce-
ments or premiums by commercial or state banks so as to
maintain equality between said banks and state savings and
loan associations, federal commercial banks, and federal say-








JOURNAL OF THE HOUSE



ings and loan associations operating within the state; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representatives Considine, Healey, Becker, Lehman, Ger-
sten, Moore, and Adams-
HB 1655-A bill to be entitled An act relating to mobile
home parks; creating ss. 83.74, 83.75, and 83.76, Florida Statutes,
prohibiting infringement upon right of mobile home owners to
peaceably assemble at reasonable times and in a reasonable
manner in common areas or recreation areas; prohibiting in-
fringement upon right of mobile home owner to invite public
officers or candidates for public office to appear and speak in
common areas or recreation areas at reasonable times and in
a reasonable manner; providing for injunction upon the appli-
cation of an aggrieved owner; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Tolton-
HB 1656-A bill to be entitled An act relating to pensions;
amending ss. 175.241 and 185.25, Florida Statutes, providing that
the present exemption from execution provisions with respect
to the Municipal Firemen's Pension Trust Fund and the Mu-
nicipal Police Officers' Retirement Trust Fund shall not apply
when members pledge their pensions, annuities, or other benefits
as security for personal loans from credit unions; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representatives Williamson, Avon, Steinberg, Becker,
Lehman, Margolis, Rude, Dyer, and Poole-
HB 1657-A bill to be entitled An act relating to condomin-
iums and cooperative apartments; creating s. 711.035, Florida
Statutes, declaring leases on recreational facilities or parking
spaces with regard to condominium or cooperatives as void and
unenforceable as being against public policy; amending s. 711.-
63(5), (6), and (7)(a), Florida Statutes, 1975, and ss. 711.64
(3)(h), 711.69(15)(c), (18)(a)2.-5., and (19)(g) and (h), and
711.70(4)(d), Florida Statutes, 1974 Supplement, deleting ref-
erences to leases of recreational facilities; providing an effec-
tive date.
-was read the first time by title and referred to the'Com-
mittee on Judiciary.

By Representatives Andrews and Poorbaugh-
HB 1658-A bill to be entitled An act relating to admin-
istrative boards; creating s. 455.09, Florida Statutes; providing
that administrative boards shall not prohibit advertisements of
prices or services, nor take action against licensee's attempting
such advertisement; providing for a study and report by the
Department of Professional and Occupational Regulation of all
anti-competitive rules, regulations and practices of boards under
its jurisdiction; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Becker, Steinberg, Bloom, Margolis, Ku-
tun, Lehman, Dyer, Boyd, Gordon, Young, McPherson, Gersten,
and Adams-
HB 1659-A bill to be entitled An act relating to landlord
and tenant; amending s. 83.43(10), Florida Statutes, and adding
subsection (13); redefining "transient occupancy" and defining
"late fee"; adding subsection (3) to s. 83.46, Florida Statutes;
providing guidelines for collection of late fees; amending
s. 83.49(1), (2), and (3)(a) and (b), Florida Statutes, and
adding a new subsection (7); deleting time and monetary excep-
tions in handling of security deposits; deleting an exception
from the required payment by the landlord to the tenant of
interest on security deposits or advanced rents; requiring
the landlord to notify the tenant of the identity of the surety
company holding a bond for the payment of such deposits and
rents; prohibiting the landlord from crediting interest to the



April 6, 1976



SOF REPRESENTATIVES 89

security deposit; providing landlord with procedures for noti-
fying tenant of claim brought against him; requiring land-
lord to pay double the security deposit in damages if claim
notification is not given tenant and deposit is not returned;
requiring the seller and purchaser of the rental property to
establish in writing who is responsible for the return of the
tenant's security deposit should the property transfer hands;
providing procedures for notifying tenant; requiring the mort-
gagee of the property to assume responsibility for the return
of security deposits in the event of a foreclosure on a mort-
gage on real property; amending s. 83.50(1), Florida Statutes;
requiring out-of-state corporations and individuals to appoint
a resident agent to receive service of process; adding subsec-
tion (5) to s. 83.51, Florida Statutes; prohibiting retaliatory
action by landlord against tenant for issuing complaint re-
garding building, housing, or health code violations or for
organizing or joining a tenant's union; amending s. 83.52(4),
Florida Statutes; deleting tenant's responsibility for repairing
plumbing fixtures; adding paragraph (c) to s. 83.56(1), Flor-
ida Statutes, and adding subsection (7); providing tenant with
the right to repair defects or have them repaired 20 days after
giving the landlord written notice of intent to repair, and
subsequently allowing tenant to deduct repair costs from rent;
prohibiting the protection of said provision if the tenant pre-
vents the landlord from making repairs; requiring that the
landlord make reasonable efforts to mitigate damages if the
tenant breaches, defaults or abandons a rental unit; amending
s. 83.58, Florida Statutes; providing the landlord with the
right to collect the amount of the rent due on the dwelling
for the period during which the tenant refused to surrender
possession; adding subsection (5) to s. 83.59, Florida Statutes;
providing for a stay of execution of judgment for possession
in certain instances when premises are occupied; amending
s. 83.60(2), Florida Statutes, and adding subsection (3); adding
the defense of the use of rental moneys for tenant repair in
an action for possession of a dwelling unit and providing the
court with the option to have the tenant pay rent accruing
during the pendency of the proceeding into the registry; adding,
as a defense to an action for summary procedure, a landlord's
action in reprisal for a tenant reporting a violation or sus-
pected violation of building, housing and health codes or in
reprisal for a tenant organizing or joining a tenant's union;
making such action a rebuttable presumption if commenced
against a tenant 6 months after such report; amending s. 83.61,
Florida Statutes; allowing the court to award funds deposited
in the registry to the landlord if the tenant's claims are found
to be not meritorious; amending s. 83.62, Florida Statutes;
making an exception for a stay of execution in an action for
possession by the landlord as provided in s. 83.59(5), Florida
Statutes, and extending the time period for posting of notice
of repossession of dwelling from 24 to 48 hours; creating
s. 83.64, Florida Statutes; providing damages, the costs of ac-
tion and attorney's fees if the landlord does not furnish the
tenant with basic services agreed upon in the rental contract
or if landlord attempts to regain possession without benefit
of judicial process; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

HB 1660-Withdrawn

By Representative Forbes-
HB 1666-A bill to be entitled An act relating to the distri-
bution and sale of certain types of candy, gum, or sweets; pro-
hibiting the distribution or sale of candy, gum, or sweets
which are made to resemble cigarettes, alcoholic beverages, or
controlled drugs; providing a penalty; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Considine-
HB 1667-A bill to be entitled An act relating to alcoholism
prevention, control, and treatment; creating ss. 396.191, 396.192,
396.193, 396.194, 396.195, 396.196, and 396.197, Florida Statutes;
providing for licensing of all alcoholic treatment resources by
the Department of Health and Rehabilitative Services; provid-
ing procedures for expiration, renewal, refusal, revocation, and
reinstatement of licenses; providing injunction for operation of
a treatment resource without license; providing for right of
entry and inspection by the Department of Health and Reha-








90 JOURNAL OF THE HOUS1

bilitative Services; requiring the department to adopt rules
setting standards for the operation of a treatment resource;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Ogden-
HB 1668-A bill to be entitled An act relating to the docu-
mentary excise tax; creating s. 201.022, Florida Statutes, ex-
empting transactions between a husband and wife, and trans-
actions between an individual and a corporation more than 80
percent in value of the outstanding stock of which is owned by
such individual, his spouse, and his minor children and minor
grandchildren, from the tax imposed upon real estate transfer
by subsection (1) of s. 201.02 and subsection (1) of s. 201.021,
Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
nmittees on Finance & Taxation and Appropriations.

HB 1669-Withdrawn

By Representative Belanger-
HB 1670-A bill to be entitled An act for the relief of Shelly
Lewis Natale; providing an appropriation to compensate her
"for injuries sustained as a result of the negligence of the De-
partment of Transportation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Claims.

By Representative Melvin-
HB 1671-A bill to be entitled An act relating to the Florida
Banking Code; amending s. 659.141(1), Florida Statutes, pro-
hibiting business organizations, banks, or holding companies, or
subsidiaries thereof, from taking certain action relating to the
control of banks without approval of the Department of Bank-
ing and Finance; exempting certain banks from the require-
ment of department approval; requiring the department to dis-
approve applications under certain circumstances; prohibiting
the operation in this state of certain businesses by banks, trust
companies or holding companies based in another state or coun-
try unless the business is permitted by law, provides certain
types of services, and is approved by the department; providing
a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

HB 1672-Withdrawn

By Representatives Hodes, Considine, and Batchelor-
HB 1673-A bill to be entitled An act relating to regional
neonatal intensive care program centers; providing legislative
intent and definitions; establishing the regional neonatal in-
tensive care program center grant program to be administered
by the Department of Health and Rehabilitative Services;
providing conditions for grant agreements and guidelines for
disbursing grants; providing for program review; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Morgan, Skinner, and Bloom-
HB 1674-A bill to be entitled An act relating to campaign
financing; amending s. 106.07(2), Florida Statutes, 1975, re-
quiring officers before whom candidates qualify, with the
exception of the Secretary of State, to make a preliminary
determination as to the accuracy and completeness of campaign
financing reports filed by candidates, within 48 hours of receipt
thereof; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.



E



OF REPRESENTATIVES April 6, 1976

By Representative Peaden-
HB 1675-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.101(2) (d), Florida Statutes,
1974 Supplement, exempting certain members of the Florida
Retirement System who had been contributors to the Highway
Patrol Pension Trust Fund from the definition of the term
"initial benefit" used in the computation of cost-of-living ad-
justment of benefits; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representative Peaden-
HB 1677-A bill to be entitled An act relating to motor
vehicle safety inspection; amending s. 325.16, Florida Statutes,
1974 Supplement, reducing the time period during which motor
vehicles which have failed a safety inspection may operate
legally; amending s. 325.24(1), Florida Statutes, 1974 Supple-
ment, requiring all inspection stations, except self-inspectors,
to charge the required $3 fee for inspecting a motor vehicle;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Peaden-
HB 1678-A bill to be entitled An act relating to state funds;
creating s. 215.315, Florida Statutes; prohibiting the use of
state funds for the purchase of alcoholic beverages; providing
an exception; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Nuckolls-
HB 1680-A bill to be entitled An act relating to osteopathic
physicians; amending s. 459.11(1), Florida Statutes, authorizing
the State Board of Osteopathic Medical Examiners to issue a
license to certain osteopathic physicians without examination;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Gersten-
HB 1681-A bill to be entitled An act relating to public
housing; adding subsection (3) to s. 422.04, Florida Statutes;
prohibiting the expenditure of state funds for housing unless at
least 15 percent of the units in the housing program are for
elderly persons and in compliance with criteria established by
the Department of Community Affairs; requiring that such
units be designated for elderly persons of low or moderate in-
come according to prevailing federal guidelines; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representatives Gordon, Rude, Andrews, James, and
Crenshaw-
HB 1682-A bill to be entitled An act relating to coroner's
juries; amending s. 936.04, Florida Statutes, to allow women to
serve on coroner's juries; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Kiser, Steinberg, Gorman, Crenshaw,
Richmond, Becker, Price, and Gersten-
HB 1683-A bill to be entitled An act relating to education;
creating s. 233.0615, Florida Statutes, to require courses of study
in secondary schools related to the legal and justice systems of
the state and of the United States; providing for adoption of
rules by the State Board of Education; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Barrett-
HB 1684-A bill to be entitled An act relating to the state
attorney; amending s. 27.04, Florida Statutes, providing that a
state attorney may summon and examine witnesses as to a
violation of any statute which he is directed by law to enforce
by civil proceedings and the cost shall be paid by the appropriate
county as is now the case with certain violations of criminal
law; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Barrett-
HB 1685-A bill to be entitled An act relating to private
schools; creating s. 232.024, Florida Statutes, prohibiting paro-
chial, denominational, and other private schools from expelling
pupils under certain circumstances; prohibiting such schools
from denying certain rights of pupils when such denial is based
upon nonpayment of tuition; providing for suspension or revo-
cation of accreditation upon determination of a violation; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Barrett-
HB 1686-A bill to be entitled An act relating to juveniles;
amending s. 39.04(1)(f), Florida Statutes, 1975, requiring law
enforcement officers and agencies taking a child into custody for
a delinquent act, which if committed by an adult would be a
crime, to file certain reports; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representatives Barrett, Considine, and Healey-
HB 1687-A bill to be entitled An act relating to collective
bargaining; providing for the payment of a service representa-
tion fee to an employee organization or labor organization
by all employees represented by the organization; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Finance & Taxation.

By Representative Young-
HB 1688-A bill to be entitled An act relating to mental
health; amending s. 394.459(1), Florida Statutes, 1974 Supple-
ment, providing that a jail may be used as an emergency fa-
cility in criminal cases if secure and appropriate facilities for
treatment are not available; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Young and Dyer-
HB 1689-A bill to be entitled An act relating to education;
amending s. 230.23(9)(b), Florida Statutes, 1974 Supplement;
authorizing district school boards to enter into leases or lease-
purchases with certain persons for school grounds, buildings,
and additions to buildings; providing terms for such leases and
lease-purchases; authorizing district school boards to sell certain
parcels of land under certain conditions; deleting certain limita-
tions on such leases and lease-purchases; providing an effec-
tive date.

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

By Representative Peaden-
HB 1690-SF-A bill to be entitled A proposal relating to
licensing and registration of cardiology technologists.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.



By Representative Redman-
HB 1692-A bill to be entitled An act relating to cosme-
tology; creating ss. 477.011-477.031, all Florida Statutes; pro-
viding legislative intent; creating the State Board of Cosme-
tology within the Division of Occupations of the Department of
Professional and Occupational Regulation; providing for board
members to be selected by the Governor; providing require-
ments and qualifications of board members; providing for of-
fices; providing powers and duties; providing compensation;
providing for the employment of an administrative officer, in-
spectors, and an educational director and assistants thereto;
providing for disposition of moneys; providing for maintenance
of records; defining terms; providing exemptions; providing
licensing requirements for instructors of cosmetology, master
cosmetologists, cosmetologists, and specialists; providing re-
quirements for a student-instructor training program; providing
for licensure of nonpublic cosmetology schools; providing for
examination of applicants for licensure; providing for renewal
of licenses and for additional training required therefore; pro-
viding grounds for refusal to issue or renew, suspension, and
revocation of licenses; providing penalties; providing for injunc-
tive proceedings; providing for the assistance of the Depart-
ment of Legal Affairs; providing that chapter 476, Florida
Statutes, relating to barbers, be unaffected by this act; fixing
maximum fees; providing for transitory provisions; repealing
ss. 477.02-477.29, Florida Statutes, as amended, the existing
cosmetology law; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representative Avon-
HB 1693-A bill to be entitled An act relating to pool con-
tractors; amending the introductory paragraph and paragraphs
(j) and (k) of s. 468.102(1), Florida Statutes, 1974 Supplement,
adding swimming pool work to those items which a contrac-
tor shall subcontract; adding to the scope of work of commer-
cial and residential pool contractors; providing an effective
date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Smith (by request)-
HB 1694-A bill to be entitled An act relating to convey-
ances of land; amending ss. 689.01 and 689.02, Florida Statutes,
removing messuages, tenements, and hereditaments from pro-
visions prohibiting certain interests therein from being created,
granted, transferred, released, assigned, or surrendered for
more than 1 year except in writing; removing the requirement
that any such creation or disposition of an interest in land be
made in the presence of witnesses; removing provisions au-
thorizing corporations to choose between alternative methods of
conveying interests in land; prescribing a new form of warranty
deeds; amending s. 689.06, Florida Statutes, deleting require-
ments that grants, conveyances or assignments of trust or
confidence in lands, tenements or hereditaments, or of in-
terests or estates therein, be sealed and signed in the presence
of witnesses; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Smith and Richard-
HB 1695-A bill to be entitled An act relatirig to contraband;
amending s. 943.41(1), Florida Statutes, 1974 Supplement, and
adding paragraph (e) to subsection (2) thereof; providing a
short title; including personal property used or intended for
use in the commission of certain crimes within the definition of
"contraband articles"; adding subsection (4) to s. 943.42, Florida
Statutes, 1974 Supplement, making unlawful the concealment
or possession of contraband articles of personal property;
amending s. 943.43, Florida Statutes, 1974 Supplement, providing
for forfeiture of contraband articles of personal property;
amending s. 943.44(1) and (2), Florida Statutes, 1974 Supple-
ment, providing forfeiture proceedings for such personal prop-
erty; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.



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April 6, 1976








JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Avon-
HB 1696-A bill to be entitled An act relating to juveniles;
amending ss. 39.03(6) and 39.12(3), Florida Statutes, to pro-
vide for the disclosure of certain juvenile records when the
child has been adjudicated delinquent and subsequent thereto
charged with a felony; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representatives Boyd, Mixson, Margolis, and Cherry-
HB 1698-A bill to be entitled An act relating to public
housing; creating part III of chapter 421, Florida Statutes,
consisting of ss. 421.555-421.67, Florida Statutes, creating the
"Florida Housing Authorities Law of 1976"; providing legis-
lative finding and declaration; providing definitions; granting
housing authorities additional powers; providing limitations on
housing authority powers; providing for the organization and
establishment of certain housing authorities; providing for the
validation of certain debentures, bonds, and notes; exempting
certain housing debentures, bonds, and notes from taxation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs, Finance & Taxation, and Ap-
propriations.

By the Committee on Finance & Taxation and Representa-
tive Conway-
HB 1699 (cs)-A bill to be entitled An act relating to mu-
nicipalities; amending ss. 166.221 and 205.042, Florida Statutes,
restricting the authority of municipalities to levy business,
professional, and occupational regulatory fees, or to levy an
occupational license tax on certain persons who hold a current
municipal or county occupational license; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representatives Smith, Richard, and Bloom-
HB 1700-A bill to be entitled An act relating to weapons
and firearms; creating s. 790.085, Florida Statutes, permitting a
law enforcement officer to seize a firearm or weapon encoun-
tered during the course of his duties under certain circum-
stances; providing for a method of disposal or return of a seized
firearm or weapon; requiring the law enforcement officer to
petition a court for a confiscation order; prohibiting the return
of a seized firearm or weapon to certain persons; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Neal-
HB 1701-A bill to be entitled An act relating to artesian
wells; creating s. 373.207, Florida Statutes, providing that each
water management district maintain an inventory of artesian
wells located within its boundaries; providing for notifica-
tion to persons in control of artesian wells of their duty to con-
trol same; providing for testing for inter-aquifer mixing; pro-
viding for each district to devise a comprehensive plan to carry
out the purposes of this section; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Neal-
HB 1702-A bill to be entitled An act relating to artesian
wells; amending s. 373.206, Florida Statutes, taking the re-
sponsibility for determination of water quality standards and
specifications for plugging from the Division of Interior Re-
sources and giving such responsibility to the respective water
management districts in which the wells are located; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.



By Representative Price-
HB 1703-A bill to be entitled An act relating to game and
fresh water fish; amending s. 372.57(4) (d), Florida Statutes,
to exempt nonresident military personnel while on leave for
30 days or less from purchasing fishing or hunting licenses;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Price-
HB 1704-A bill to be entitled An act relating to banks;
requiring banks to obtain account holder signature cards with
photographs and fingerprints of customers opening accounts
after October 1, 1976; requiring such fingerprints to be im-
printed on blank checks; requiring any person offering a check
or draft for cashing or payment to place his fingerprint thereon
upon request; providing a definition; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By the Committee on Health & Rehabilitative Services and
Representatives Fortune, Kutun, Tucker, and Healey-
HB 1705 (cs)-A bill to be entitled An act relating to health
care facilities; providing legislative findings and a declaration
of intent; providing definitions; creating the Florida Health
Care Cost Commission; providing for commission leadership,
procedures, duties, and powers; providing commission staff
and the appointment of committees; authorizing payment of
travel expenses for commission members; providing for the
development and implementation of a uniform system of fi-
nancial reporting for hospitals and nursing homes; requiring
licensed hospitals and nursing homes to file with the commission
statements of their financial condition; providing for the de-
velopment and implementation of a system for prospective re-
view and approval of hospital and nursing home rates and
changes in rates; providing a base rate for hospitals and
nursing homes; providing for commission studies and data
analysis; providing for commission accountability; providing for
a commission budget; providing exemption for facilities which
depend exclusively upon prayer or spiritual means for healing;
providing for severability; providing a penalty; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Price-
HB 1707-A bill to be entitled An act relating to witnesses;
amending s. 90.141, Florida Statutes, entitling law enforcement
officers to per diem and traveling expenses when appearing as
a witness at any court located within the municipality or county
in which the law enforcement officer is employed; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Claims and Appropriations.

By Representatives G. C. Robinson, Tolton, Melvin, Peaden,
Mixson, and Fortune-
HB 1711-A bill to be entitled An act relating to the letting
of public contracts; creating s. 163.04, Florida Statutes, pro-
viding definitions; granting preferences to certain contractors;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Kershaw-
HB 1712-A bill to be entitled An act relating to public
education on election days; adding subsection (26) to s. 228.041,
Florida Statutes; providing election days shall be teacher work
days; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



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April 6, 1976








JOURNAL OF THE HOUSI



By Representatives Belanger, Kutun, and Culbreath-
HB 1713-A bill to be entitled An act relating to dentistry,
dental hygiene and dental laboratories; amending ss. 466.01,
466.03(5), 466.08(5), (6) and (7), 466.25(1) and (4), 466.26,
466.52, 466.521, 466.54, 466.55 and 466.56, Florida Statutes, pro-
viding for registration and regulation of dental laboratory
technicians by the Florida State Board of Dentistry; creating
s. 466.09(6), Florida Statutes, defining laboratory technician
registration certificate; amending ss. 466.30 and 466.31, Flor-
ida Statutes, declaring it unlawful to use or sell a forged or
invalid registration certificate; amending s. 466.51, Florida
Statutes, defining dental laboratory technician; amending s.
466.57, Florida Statutes, declaring a violation of the law; a-
mending s. 466.58, Florida Statutes, providing penalties for
violation of the chapter; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

HB 1715-Withdrawn

HB 1716-Withdrawn

HB 1717-Withdrawn

By Representative Moffitt-
HB 1718-A bill to be entitled An act relating to education;
creating subsection (9) of section 236.081, Florida Statutes; pro-
viding for the redistribution of funds to facilitate consultation,
testing, and other activities not related to direct pupil-teacher
contact; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

HB 1719-Withdrawn

HB 1720-Withdrawn

By the Committee on Health & Rehabilitative Services and
Representatives Young, Melvin, Hill, Bloom, and Gersten-
HB 1721 (cs)-A bill to be entitled An act relating to adult
protective services; providing legislative intent; providing
definitions; authorizing the Department of Health and Rehabili-
tative Services to provide protective services; providing condi-
tions under which the department shall provide such services;
providing that services be received voluntarily unless ordered by
the court, guardian, or provided in an emergency; providing
for emergency services; providing for a report when emergency
services are rendered; providing for protective placement under
certain conditions; providing that the department may petition
the court for protective placement; requiring that the court
give preference to the least drastic alternative placement;
providing that the court request certain information; requiring
the department to review periodically the status of each per-
son in protective placement; providing for emergency temporary
protective placement; providing for voluntary protective place-
ment; providing for confidentiality; providing for reports of
abuse; providing for promulgation of rules; providing for agency
cooperation; authorizing fees; providing penalties; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1722-Withdrawn

By Representative Young-
HB 1723-A bill to be entitled An act relating to assess-
ments; providing that when any public building is renovated to
make it accessible to the physically handicapped the cost of
such renovations shall be assessed at their salvage value; pro-
viding minimum renovation requirements; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Finance &
Taxation.



April 6, 1976



E OF REPRESENTATIVES 93

By Representative Fortune-
HB 1724-A bill to be entitled An act relating to libraries;
amending s. 257.22, Florida Statutes, relating to allocation of
funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Fortune-
HB 1725-A bill to be entitled An act relating to fine arts;
providing for the purpose and administration of state ap-
propriations for fine art grants; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Fortune-
HB 1726-A bill to be entitled An act relating to the work-
ing capital fund; amending s. 215.32(2)(c), Florida Statutes,
and adding paragraph (d); providing annual appropriations for
emergency and deficiency needs of the state; providing for
reversion of such appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Fortune-
HB 1727-A bill to be entitled An act relating to veterinary
medicine; amending s. 474.17, Florida Statutes; increasing fee
for examination upon application for license; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Fortune-
HB 1728-A bill to be entitled An act relating to laws which
authorize the levy of taxes or assessments for certain purposes
on state lands; repealing s. 298.36(3), Florida Statutes, which
authorizes the assessment of taxes on lands belonging to the
state; repealing s. 373.543(1), Florida Statutes, which authorizes
taxes to be assessed by water management districts against
land held by the Board of Trustees of the Internal Improvement
Trust Fund; repealing all general, special or local laws insofar
as they authorize assessment of taxes on state lands for certain
purposes; providing a rule of statutory construction for laws
authorizing the imposition of taxes; amending s. 196.31, Florida
Statutes; providing that said section does not authorize any tax
on state lands for certain purposes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Fortune-
HB 1729-A bill to be entitled An act relating to the tax
on sales of motor vehicles within this state; amending s. 212.-
02(2)(a), Florida Statutes, redefining a taxable sale under
chapter 212, Florida Statutes, to exclude the transfer of title or
possession, or both, exchange, barter, lease, or rental, of a
motor vehicle to a resident of another state for use and regis-
tration in such other state; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Sackett-
HB 1730-A bill to be entitled An act relating to clinical
laboratories; adding subsection (4) to s. 483.031, Florida Stat-
utes; providing that respiratory therapy technicians and cardio-
pulmonary technicians performing duties under physician super-
vision shall be exempt from the provisions of chapter 483,
Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



HB 1732-Withdrawn



By Representatives Dick Clark, Kutun, and Culbreath-
HB 1734-A bill to be entitled An act relating to dentistry,
dental hygiene and dental laboratories; amending s. 466.08(1),
Florida Statutes, removing the requirement that the executive
director of the board be a dental school graduate; adding s. 466.-
08(12), Florida Statutes, providing that the board may con-
tract with third party insurers for disability and death insur-
ance for board members and the executive director; amending
s. 466.13, Florida Statutes, changing the age requirement for
licensure; providing that the board may charge a fee for re-
view of an applicant's manual skill on a laboratory model;
amending s. 466.17(1) and (2), Florida Statutes, providing
for biennial relicensing; providing for issuance of conditional
renewal certificate; providing for a $35 fee to be charged for
changing a conditional renewal certificate to a current renewal
certificate; adding s. 466.17(3), Florida Statutes, providing
for continuing education for relicensure; amending s. 466.18(1),
Florida Statutes, providing for a delinquency fee of $50 for
failure to renew license; amending s. 466.19(2), Florida Statutes,
providing for a fee of $25 for issuance of a duplicate license
certificate and a fee of $2.00 for a duplicate of any other
certificate; amending s. 466.20, Florida Statutes, providing for
an application fee of $25 and an examination fee of $75 for
dentists and an application fee of $15 and an examination
fee of $35 for dental hygienists; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

SBy Representative Belanger-
HB 1735-A bill to be entitled An act relating to campaign
financing; creating s. 106.30, Florida Statutes, relating to en-
dorsements by communications media, to require that certain
endorsements by communications media be reported as contri-
butions in an election campaign; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Richmond-
HB 1736-A bill to be entitled An act relating to alcoholic
beverages; amending s. 561.42(6), Florida Statutes, authorizing
trade discounts in the usual course of business on beer sales as
well as wine and liquor sales; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Steinberg-
HB 1737-A bill to be entitled An act relating to securities;
creating ss. 517.50-517.61, Florida Statutes; providing a short
title and definitions; prohibiting fraudulent, deceitful and mis-
leading practices in securities transactions; requiring disclo-
sure and the filing of disclosure statements with the Depart-
ment of Banking and Finance with respect to securities not
registered under the federal securities laws and not exempt
from registration thereunder; providing exemptions; providing
civil liability for violations of the act and for the making of
false or misleading statements; requiring registration of bro-
kers, dealers and agents; prohibiting certain persons from
engaging in the securities business as a broker, dealer or agent;
authorizing the department to make investigations and issue
and enforce subpoenas; providing for a temporary exemption
from the public records laws; providing for injunctions; pro-
viding penalties and statutes of limitation; authorizing the de-
partment to adopt rules; providing severability; adding para-
graph (e) to s. 95.11(4), Florida Statutes, 1974 Supplement,
as amended, to provide a civil statute of limitations; providing
a 1-year saving clause for civil actions, criminal prosecutions,
administrative proceedings, offers or sales; providing that all
registrations under prior law and orders relating to them
remain in effect; repealing the Sale of Securities Law, com-
prised of ss. 517.01-517.33, Florida Statutes; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.



By Representative Papy-
HB 1738-A bill to be entitled An act relating to school
finance and taxation; amending s. 236.24(2), Florida Statutes;
authorizing the investment of district school funds in full faith
and credit obligations issued by any state or political subdi-
vision thereof; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Hazelton, Tucker, and T. Lewis-
HB 1739-A bill to be entitled An act relating to nursing
homes; amending s. 400.121(8), Florida Statutes, providing
mandatory fines for repeated violations and for violations not
corrected within 45 days; amending s. 400.19, Florida Statutes,
providing for unannounced inspections and opening facilities
to visitation by the public; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By the Committee on Growth & Energy and Representative
Brown-
HB 1741-A bill to be entitled An act relating to the water
and sewer system regulatory law; amending s. 367.171, Florida
Statutes, to bring all private water and sewer systems under
the regulatory authority of the Public Service Commission;
adding subsection (7) to s. 367.081, Florida Statutes, and adding
subsection (5) to s. 367.041, Florida Statutes, to provide pro-
cedures for short form filing by certain water and sewer
utilities; repealing s. 367.181, Florida Statutes, which establishes
schedules for utilities holding certificates of public convenience
and necessity; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Foster-
HB 1742-A bill to be entitled An act relating to transpor-
tation; amending ss. 335.041 and 339.08(4), Florida Statutes,
providing the Department of Transportation shall budget and
expend the proceeds of the 80 percent surplus of the second
gas tax without a resolution from the county commissioners;
providing the maintenance of roads constructed from said
proceeds shall be the responsibility of the department; author-
izing and directing the Division of Statutory Revision of the
Joint Legislative Management Committee to make the neces-
sary statutory changes to bring conflicting statutes into agree-
ment with the provisions of this bill; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Foster-
HB 1743-A bill to be entitled An act relating to traffic
control; adding subsection (4) to s. 316.081, Florida Statutes;
providing that vehicles drive on the right hand side of road-
ways with certain exceptions; requiring posting of signs by
Department of Transportation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By the Committee on Criminal Justice-
HB 1745-A bill to be entitled An act relating to automo-
bile race meets; amending s. 549.04, Florida Statutes, providing
for payment of sheriff's fees; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representative Price-
HB 1746-A bill to be entitled An act relating to handguns;
creating s. 790.13, Florida Statutes; requiring a 72-hour delay



94



April 6, 1976








JOURNAL OF THE HOUSE



before delivery of a handgun; providing penalties; requiring
a record of sale; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Crabtree-
HB 1747-A bill to be entitled An act relating to alcoholic
beverages; creating s. 562.145, Florida Statutes, permitting any
person to possess any alcoholic beverage which the person has
brought into the state from outside the United States for his
personal use and upon which the state excise tax has not been
paid by a manufacturer, distributor, or vendor; requiring the
possessor to pay an excise tax on the total amount of such
beverages possessed each year; providing a tax rate; requiring
the Department of Revenue to collect the tax imposed by this
act; providing for the burden of proof regarding purchase out-
side the United States; amending ss. 562.15 and 562.16, Florida
Statutes, limiting certain exceptions to the provisions relating
to the unlawful possession of alcoholic beverages upon which
the excise tax has not been paid; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.
HB 1748-Withdrawn

HB 1749-Withdrawn

By Representative Crabtree-
HB 1750-A bill to be entitled An act relating to sales and
use tax; amending s. 212.12(3), Florida Statutes, to increase
the interest rate on unremitted balances; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Finance & Taxation and Representatives
Crabtree and Ogden-
HB 1751 (cs)-A bill to be entitled An act relating to the
excise tax on documents; amending s. 201.05, Florida Statutes,
requiring the tax on stock certificates to be paid to the Depart-
ment of State at the time of filing any articles of incorpora-
tion; prohibiting approval of any articles of incorporation before
the tax has been paid; requiring the Department of State to
evidence payment of the tax by placing a notation on the
articles of incorporation in lieu of affixing stamps to stock
books; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Crabtree-
HB 1752-A bill to be entitled An act relating to the tangible
personal property tax; amending s. 196.181, Florida Statutes,
to require that every person claiming the household goods
exemption be a citizen of the United States; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Crabtree-
HB 1753-A bill to be entitled An act relating to intangible
personal property taxation; amending s. 199.052(1) and (2),
Florida Statutes, 1974 Supplement, requiring fiduciaries holding
legal title to file a return and pay the tax regardless of the
amount of the tax; requiring agents to report for each person
for whom they hold intangible assets; amending s. 199.072(3),
Florida Statutes, 1974 Supplement, providing that interests
held in trust shall not be subject to any exemption; deleting
the exemption for persons for intangible assets held in trust;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



April 6, 1976



OF REPRESENTATIVES 95

By Representatives Fortune, Tolton, Melvin, G. C. Robinson,
and Nergard-
HB 1754-A bill to be entitled An act relating to taxation
on fuels; amending s. 206.47(7) and (9), Florida Statutes;
providing for the return to the counties of that portion of the
second gas tax which presently goes to the Department of
Transportation; further assigning responsibility for maintain-
ing roads in secondary road system to counties; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Easley (by request)-
HB 1755-SF-A bill to be entitled A proposal relating to the
regulation and certification of radiologic technologists; provid-
ing for establishment of the Radiologic Technology Board of
the radiological health section, Department of Health and Re-
habilitative Services.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

HB 1756 (cs)-Withdrawn

HB 1757-Withdrawn

By Representative Culbreath-
HB 1761-A bill to be entitled An act relating to nuisances;
adding subsection (5) to s. 60.05, Florida Statutes; providing
that any business regulated or licensed by the state which
meets all regulatory and licensing criteria for its operation
shall not be declared a nuisance under the provisions of s.
823.05, Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Burrall, Avon, Craig, and Eckhart-
HB 1762-A bill to be entitled An act relating to the sales
and use tax; amending s. 212.05(1), Florida Statutes; providing
an exemption from the sales and use tax on the sale of a boat
by a registered dealer when the boat is removed from the state
within 10 days; providing for proof of removal; providing a
penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Melvin-
HB 1763-A bill to be entitled An act relating to the State
Career Service System; amending s. 110.041(3), Florida Stat-
utes; increasing the honorarium paid the members of the Car-
eer Service Commission from $25 to $100 for each day spent on
the work of the commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

HB 1767-Withdrawn

By Representatives T. Lewis and Considine-
HB 1768-SF-A bill to be entitled A proposal relating to
municipal public safety departments.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Kutun-
HB 1769-A bill to be entitled An act relating to insurance;
adding s. 627.419(5), Florida Statutes, 1974 Supplement; re-
quiring an insurer to offer an optional rider or endorsement
upon request to provide payment for psychological services;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.





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