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

Journ
of the

House

of Representatives

Special

Session

of the

Third Legislature
[under the Constitution as Revised in 1968]
JANUARY 29, 1974 through JANUARY 30, 1974

al

MEMBERS OF THE HOUSE OF REPRESENTATIVES
Special Session 1974
[Democrats in roman (78) ; Republicans in italic (42)]

District

1
2
3

Part of ESCAMBIA
Grover C. Robinson, Pensacola
R. W. "Smokey" Peaden, Pensacola
Tom Tobiassen, Pensacola

OKALOOSA, parts of ESCAMBIA,
SANTA ROSA, WALTON
4 Edmond M. Fortune, Pace
5 J. G. "Jerry" 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 Pat Thomas, Quincy
LEON, parts of JEFFERSON,
MADISON, WAKULLA
11 Donald L. Tucker, Tallahassee
12 Carroll Webb, Tallahassee
COLUMBIA, HAMILTON, parts of
MADISON, SUWANNEE
13 Leon N. McDonald, Sr., Live Oak
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
17 John R. Forbes, Jacksonville

District
18 Frank Carlucci, Jacksonville
19 Eric Smith, Jacksonville
20 Carl Ogden, Jacksonville
21 William 0. Birchfield, Jacksonville
22 Mattox Hair, 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 Ralph D. Turlington, Gainesville
27 William C. Andrews, Gainesville
Parts of FLAGLER, PUTNAM, ST. JOHNS
28 A. H. "Gus" Craig, St. Augustine

29
30
31

VOLUSIA, part of FLAGLER
William R. Conway, Ormond Beach
Gary R. Cunningham, New Smyrna Beach
J. Hyatt Brown, Daytona Beach

Parts of LAKE, MARION
32 Kenneth H. MacKay, Jr., Ocala

Parts of ORANGE, SEMINOLE
33 Eugene C. Mooney, Fern Park

Parts of LAKE, MARION, SEMINOLE
34 Vince Fechtel, 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

38
39
40

Part of ORANGE
William L. Gibson, Orlando
Harvey W. Matthews, Orlando
W. E. "Bill" Fulford, Orlando

District
41 Fred Hagan, Orlando
42 William D. Gorman, Tangerine
43 Lewis S. Earle, Winter Park

District

71
72

Parts of BREVARD, ORANGE, SEMINOLE
44 Jack Shreve, Merritt Island
45 F. Eugene Tubbs, Merritt Island
46 Jane W. Robinson, Cocoa
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 Larry Libertore, Lakeland
52 C. Fred Jones, Auburndale

Part of PINELLAS
53 Mary R. Grizzle, Clearwater
54 S. Curtis Kiser, Dunedin
55 Ed S. Whitson, Jr., Clearwater
56 Betty Easley, Clearwater
57 John J. Savage, St. Petersburg
(Deceased July 3, 1973)
57 Dennis McDonald, St. Petersburg
(Effective September 4, 1973)
58 A. S. "Jim" Robinson, St. Petersburg
59 Richard Price, St. Petersburg
60 Roger H. Wilson, Seminole
61 Donald R. Crane, Jr., St. Petersburg

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

Part of HILLSBOROUGH
Terrell Sessums, Tampa
Paul W. Danahy, Tampa
Richard S. Hodes, Tampa
Guy "Butch" Spicola, Tampa
Elvin L. Martinez, Tampa

73
74

HARDEE, parts of MANATEE, SARASOTA
Ralph H. Haben, Jr., Palmetto
John Harllee, Bradenton

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

DESOTO, parts of CHARLOTTE,
HIGHLANDS, SARASOTA
75 Jim K. Tillman, Sarasota

Parts of MARTIN, ST. LUCIE
76 Charles L. "Chuck" Nergard, Ft. Pierce

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

78
79
80
81
82
83

84
85
86
87
88

Parts of BROWARD, PALM BEACH
Don F. Hazelton, West Palm Beach
Ray Moudry, West Palm Beach
William G. James, Delray Beach
David C. Clark, West Palm Beach
Jay J. Reynolds, Boca Raton
Thomas F. Lewis, North Palm Beach

Part of BROWARD
Van B. Poole, Ft. Lauderdale
Arthur H. Rude, Pompano Beach
Jon C. Thomas, Ft. Lauderdale
George Williamson, Ft. Lauderdale
Randy Avon, Ft. Lauderdale

COLLIER, GLADES, parts of
HENDRY, HIGHLANDS, LEE
89 James Lorenzo Walker, Naples

90
91

92
93
94
95

Parts of CHARLOTTE, HENDRY, LEE
Ted Randell, Ft. Myers
H. Paul Nuckolls, Ft. Myers
Parts of BROWARD, DADE
Tom McPherson, Ft. Lauderdale
Harold Joseph Dyer, Hollywood
John (Jack) Miller, Hollywood
Walter C. Young, Hollywood

62
63
64
65

66
67
68
69
70

District
96 Charles "Charlie" W. Boyd, Hollywood
97 Daniel B. Bass, Hollywood
Part of DADE
98 Elaine Gordon, Miami
99 Barry Kutun, Miami
100 George I. Baumgartner, North Miami Beach
101 Paul B. Steinberg, Miami Beach
102 Ted Cohen, Miami Beach
103 Alan S. Becker, North Miami
104 William H. Lockward, Hialeah
105 Joe Lang Kershaw, Miami
106 Gwen Sawyer Cherry, Miami
107 A. M. "Tony" Fontana, Miami Lakes
108 Charles H. Snowden, North Miami

District
109 Robert C. Hartnett, South Miami
110 Walter W. "Wallie" Sackett, Jr., Miami
111 Carl A. Singleton, Coral Gables
112 Marshall S. Harris, Miami
113 John Cyril Malloy, Miami
114 Robert C. Hector, Miami
115 Murray H. Dubbin, Miami
116 Vernon C. Holloway, Miami
117 Charles C. "Charlie" Papy, Jr., Coral Gables
118 Dick Clark, Coral Gables
119 Jeff D. Gautier, Miami

MONROE, part of DADE
120 Fred N. Tittle, Jr., Tavernier

OFFICERS OF THE HOUSE OF REPRESENTATIVES

Special Session 1974

Speaker-Terrell Sessums
Speaker pro tempore-A. H. Craig

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

THE JOURNAL OF THE FLORIDA

-ttlE s~

House of Representatives

Proceedings at Tallahassee of the Third Legislature
[under the Constitution as Revised in 1968]

SPECIAL SESSION

Tuesday, January 29, 1974

Beginning of a Special Session of the Third Legislature under the Constitution as Revised in 1968, con-
vened by Proclamation of the Governor and held at the Capitol in Tallahassee, Florida, on Tuesday, January
29, 1974.

The House of Representatives was called to order at 11:00 a.m.
by the Honorable Terrell Sessums, Speaker, pursuant to the
following Proclamations of the Governor, which were read:
State of Florida
Executive Department
PROCLAMATION OF THE GOVERNOR
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Congress of the United States enacted, and
the President signed into law on the 15th day of December,
1973, Public Law 93-182 providing that Daylight Saving Time
go into effect on January 6, 1974 throughout all states of the
Union for the purpose of conserving energy during the present
national fuel shortage, and
WHEREAS 3(a) of Public Law 93-182 provides that indi-
vidual states with parts thereof in more than one time zone
may by law exempt the area of the state lying in the eastern-
most time zone from Daylight Saving Time, and
WHEREAS, the effect of Daylight Saving Time in Florida
during recent winter weeks has been to require many school
children to walk to school and cross heavily traveled thorough-
fares in the dark with the result that some pedestrian-vehicle
accidents have occurred to the injury and even death of some
school children, and
WHEREAS, although the exemption of this State will ad-
mittedly not solve all of the safety problems of its school chil-
dren, it is clear the additional hour of daylight in the morning
would promote the safety and welfare of those enroute to school
and work to the best interest of the State such that the Legis-
lature should be convened in Special Session to consider the
enactment of legislation to exempt from Daylight Saving Time
all of the State of Florida lying in the easternmost time zone;
NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor of
Florida, in obedience to my constitutional duty and by virtue
of the power and authority vested in me by Section 3, Article
III, Florida Constitution, do hereby proclaim as follows:
1. That the Legislature in the State of Florida is convened
in Special Session pursuant to Section 3(c), Article III, Florida
Constitution, at the Capitol, Tallahassee, Florida at 11:00 o'clock
a.m. on Tuesday, the 29th day of January, 1974, for a period of
one (1) day.
2. That the Legislature is convened for the sole purpose of
considering legislation to exempt that part of the State of
Florida lying in the Eastern Time Zone from the federal re-
quirements of Daylight Saving Time under Public Law 93-182,
Congress of the United States.

ATTEST:
RICHARD (DICK) STONE
Secretary of State

IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol,
this 28th day of January, 1974.
REUBIN O'D. ASKEW
Governor

PROCLAMATION OF THE GOVERNOR
Amendment to Proclamation dated January 28, 1974
TO THE HONORABLE MEMBERS OF THE FLOR'DA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 28th day of January, 1974, a Proclamation
was issued convening a special session of the Florida Legislature
commencing on the 29th day of January, 1974, and
WHEREAS, it is necessary and in the best interest of the
State to amend the Proclamation dated January 28, 1974, to
clarify the period of the call of the special session and permit
the Legislature to take up, consider, and enact other legislative
business;
NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor of
the State of Florida, in obedience to my constitutional duty and
by virtue of the power and authority vested in me by Section
3, Article III, Constitution of Florida (1968), do hereby pro-
claim as follows:
1. That Paragraph 1 of the Proclamation of the Governor
dated January 28, 1974, is amended to read:
"1. That the Legislature in the State of Florida is convened
in Special Session pursuant to Section 3(c), Article III, Flor-
ida Constitution, at the Capitol, Tallahassee, Florida, com-
mencing at approximately 11:00 o'clock a.m. on Tuesday, the
29th day of January, 1974, and ending at 12 o'clock midnight
on Wednesday, the 30th day of January, 1974."
2. That Paragraph 2 of the Proclamation of the Governor
dated January 28, 1974, is amended to read as follows:
"1. That the Legislature is convened for the sole purpose of
considering legislation:
(a) Exempting that part of the State of Florida lying in
the Eastern Time Zone from the federal requirements of
Daylight Saving Time under Public Law 93-182, Congress of
the United States:
(b) Establishing the opening and closing hours of schools
and authorizing the Commissioner of Education to establish
and adjust the opening and closing hours of schools.
3. Except as amended by this Proclamation, the Proclamation
of the Governor dated January 28, 1974, is ratified and con-
firmed.

IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol,
this 29th day of January, 1974.
REUBIN O'D. ASKEW
Governor

ATTEST:
RICHARD (DICK) STONE
Secretary of State
The following Members were recorded present:

The Chair
Andrews
Avon
Bass
Baumgartner

Becker
Birchfield
Blackburn
Boyd
Brown

Carlucci
Cherry
Clark, David
Clark, Dick
Clark, J. R.

Clem
Cohen
Conway
Crabtree
Craig

1

--

JOURNAL OF THE HOUSE OF REPRESENTATIVES

January 29, 1974

Crane
Crenshaw
Cunningham
Danahy
Dixon
Dubbin
Dyer
Earle
Easley
Fechtel
Fontana
Forbes
Fortune
Foster
Fulford
Gautier
Gibson
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Hair
Harllee

Excused: Representative C. A.
Culbreath for the Morning Sessioi
A quorum was present.

Harris
Hartnett
Hazelton
Hector
Hodes
Hodges
Holloway
Hutto
James
Johnson
Jones
Kershaw
Kiser
Kutun
Langley
Lewis
Libertore
Lockward
MacKay
Malloy
Martinez
Matthews
Mattox
McDonald, D.
McDonald, L.

Singleton; and Representative

Prayer
Prayer by Representative Carroll Webb:
Almighty God, as we come here representing this State,
to meet the problems of the day, we ask Thee to guide us in
everything we do. We pray that we will truly represent the
will of the people in our representative government. We ask
for Your blessings as we deliberate and as we vote because
we know our dependency upon You. This we ask in the name
of Christ, Amen.

Pledge
The Members pledged allegiance to the Flag.

Journal
The Journal of June 6, 1973 was approved.

Death of Representative Savage
The Speaker directed that the Journal record the death of
Representative John J. Savage, of the 57th District, on July 3,
1973.
Election of Representative Dennis McDonald
The Secretary of State notified the Clerk that Dennis
McDonald had been elected on September 4, 1973, to succeed
Mr. Savage as Member from the 57th District. The Clerk ad-
ministered the oath to Mr. McDonald on September 17, 1973.
Announcement
Representative Jim K. Tillman, Minority Leader, advised the
Clerk of the election in Republican Caucus on Monday, Septem-
ber 17, 1973, of Dr. F. Eugene Tubbs as Minority Leader pro
tempore in succession to the late John J. Savage.

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

Introduction and Reference
By Representative Dubbin-
HR 1-B Org.-A resolution providing for the Aules of the
House of Representatives in Special Session.
Be It Resolved by the House of Representatives of the State of
Florida:
1. That the Rules of the 1972-1974 House of Representatives
heretofore adopted shall govern the House in Special Session

McPherson Sackett
Melvin Shreve
Miller Singleton, M. L.
Mixson Smith
Mooney Snowden
Moudry Spicola
Nelson Steinberg
Nergard Thomas, J. C.
Nuckolls Thomas, P.
Ogden Tillman
Papy Tittle
Peaden Tobiassen
Poole Tolton
Poorbaugh Tubbs
Price Tucker
Randell Turlington
Redman Walker
Reynolds Webb
Richmond Whitson
Rish Williams
Robinson, A. S. Williamson
Robinson, G. C. Wilson
Robinson, J. W. Young
Rude
Ryals

-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

2

insofar as these are applicable, with the following specific ex-
ceptions:
(a) The Committee on Rules & Calendar shall serve as the
sole standing committee for the consideration of the substance
of legislation introduced within the Call of the Governor, and
in lieu of the Committees on Appropriations and Finance &
Taxation notwithstanding the provisions of Rule 8.7, or any
other rule, and the Committee on Rules & Calendar shall report
such legislation at any time notwithstanding any rule or rules
to the contrary.
(b) All measures deemed by the Speaker not to be within
the Call of the Governor shall be placed in the Committee on
Rules & Calendar for recommendation as to whether introduc-
tion shall be allowed.
2. These Rules may be changed, altered or amended by a ma-
jority vote of the House upon recommendation of a majority of
the Committee on Rules & Calendar, which report shall be
acted upon by the House instanter when presented.
-was read the first time by title. On motions by Mr. Dubbin,
the resolution was read the second time in full and adopted.

Communications

Honorable Terrell Sessums January 29, 1974
Speaker, House of Representatives
Dear Mr. Speaker:
In compliance with the provisions of Article III, Section 8(b),
of the State Constitution, I am transmitting to you for consider-
ation of the House the following vetoed bills, 1973 Regular
Session, with the Governor's objections attached thereto:
CSHB 432 Relating to Shands Teaching Hospital and related
clinics
CSHB 754 Relating to alcoholic beverages
CSCSHB 1166 Relating to milk and milk products
CSCSHB 1368 Relating to coastal mapping of Florida
CSHB 1558 Relating to the creation and establishment of
health facilities authorities
HB 2105 Relating to the department of natural resources
CSHB 2145 Relating to administrative procedures
Cordially,
Richard (Dick) Stone
The above vetoed bills, together with the Governor's objec-
tions thereto, were referred to the Committee on Rules &
Calendar.

Presentations
The Speaker presented The Honorable Doyle E. Conner, Com-
missioner of Agriculture, and former Speaker of the House of
Representatives.
The Speaker presented The Honorable Donald H. Reed, Jr.,
former Minority Leader and Member of the House from the 76th
District (Martin and Palm Beach Counties), and The Honorable
J. Wertz Neaqe, former Member of the House from the 26th Dis-
trict (Duval County).
On motion by Mr. Dubbin, the rules were waived and the
House advanced to the order of-

Introduction and Reference
By Representative Tubbs-
HB 1-B-A bill to be entitled An act relating to the establish-
ment of a state emergency rationing system; providing defini-
tions; providing for the system to be established by the division
of highway safety and motor vehicles; providing implementation
of the system by county sheriff's departments pursuant to pro-
visions of this act; providing a statewide grid system; providing
criteria for the selection of a service station representative and
an alternate for each grid section; providing for determination
of an emergency; providing for the notification of service sta-
tions responsibilities pursuant to provisions of this act; provid-
ing an effective date.

By Representative Tubbs-
HB 2-B-SF-A proposal to be entitled An act relating to
committee study of the purchase and establishment of six
waste disposal plants for the production of electricity.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Tubbs--
HB 3-B-SF-A proposal to be entitled An act relating to
committee study of a state audit system for verifying produc-
tion consumption, and storage figures of oil and other energy
sources within the state.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Tubbs-
HM 4-B-A memorial to the Congress of the United States,
urging the Federal Government to implement a project to
develop a new type of power source for vehicle propulsion.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Tubbs-
HM 5-B-A memorial to the Congress of the United States,
urging Congress to immediately initiate a program of explora-
tion and drilling in the Coastal Waters off Florida for oil.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Tubbs-
HB 6-B-SF-A proposal to be entitled An act relating to
committee study of the purchase of four industrial parks by
the State of Florida for the purpose of production processes of
petroleum and all other energy sources.
-was placed temporarily in the Committee on Rules & Calen-
dar for recommendation, the Speaker having ruled the measure
was outside the purview of the Call.
HB 7-B-Withdrawn
HB 8-B-SF-Withdrawn
HB 9-B-SF-Withdrawn
HB 10-B-Withdrawn
HB 11-B-SF-Withdrawn
HCR 12-B-Withdrawn
HM 13-B-Withdrawn
HB 14-B-Withdrawn

By Representative Dyer-
HB 15-B-A bill to be entitled An act relating to commercial
lighting; prohibiting the use of certain ornamental lighting by
business offices in the state after business hours; providing a
penalty; providing an effective date.

-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Tubbs--

HB 16-B-A bill to be entitled An act relating to an auto-
mobile race in conjunction with the Daytona 500 for cars oper-
ated with hydrogen fuels; providing authority to promulgate

3

race rules and safety regulations; providing an appropriation
for prize money; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Tubbs-
HM 17-B-A memorial to the Congress of the United States,
urging Congress to propose an amendment to the Clean Air
Act of 1970 relating to automobile emission control devices.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Conway-
HB 18-B-A bill to be entitled An act relating to energy con-
servation; and declaring legislative intent to meet the energy
crisis through the expeditious development of mass transit and
rapid transit facilities; directing the department of transporta-
tion to negotiate for the acquisition of a right-of-way on the
Florida East Coast Railroad bed for use by a rapid mass transit
system between Jacksonvil'e and Miami area; directing the de-
partment of transportation to develop detailed recommendations
in the form of proposed legislation which would provide for the
acquisition of rights-of-way and for the development of rapid
mass transit systems between Jacksonville and Miami and be-
tween Daytona Beach and Tampa Bay area via Orlando, and
for providing other specified mass transit construction and co-
operative programs, including the funding thereof for purposes
of urgently meeting the energy crisis; requiring a plan for the
development of median strips for future mass transit use in all
new construction of limited access roads and highways under-
taken by the department of transportation; providing an effec-
tive date.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representative Martinez-
HB 19-B-A bill to be entitled An act relating to time;
amending 1.02, Florida Statutes, to exempt that part of the
state lying within the eastern time zone from the provisions
of section 3(a) of P.L. 93-182; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

By Representative J. W. Robinson-
HM 20-B-A memorial to William E. Simon, President
Richard M. Nixon, and the Congress of the United States, urg-
ing that gasoline and fuel oils, contracted for by state agencies
and public service companies, and diverted to other areas of
the country for emergency purposes, should be refurnished to
the original state agency or public service company at the
original contracted price.
-was placed temporarily in the Committee on Rules &
Calendar for recommendation, the Speaker having ruled the
measure was outside the purview of the Call.

By Representatives Whitson and Reynolds-
HB 21-B-A bill to be entitled An act relating to education
amending section 229.053(2), Florida Statutes, by creating a
new subsection 229.053(2) (n) authorizing the state board of
education to establish times for the beginning and ending of the
school day; amending section 229.512, Florida Statutes, by
creating a new subsection 229.512(14) requiring the commis-
sioner of education to recommend establishment of or changes
in the times for the beginning and ending of the school day;
amending section 236.02, Florida Statutes, by creating a new
subsection 236.02(8) requiring compliance by district school
boards with times for the beginning and ending of the school
day as established and promulgated by the state board of
education; providing an effective date.

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

January 29, 1974

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Sessums-
HB 22-B-A bill to be entitled An act relating to education;
requiring opening and closing hours for grades K through 12 in
the district school system during the 1973-74 school year to
be one half () hour after sunrise and one-half (1) hour
before sunset; authorizing the commissioner of education to
grant exceptions; providing for computation of full-time equiv-
alent students; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

Waiver of Rules
On motion by Mr. Dubbin, the rules requiring written notice
of a committee meeting were waived for the 1:30 p.m. meeting
of the Committee on Rules & Calendar today.

Recess
On motion by Mr. Dubbin, the House recessed at 11:25 a.m.
to reconvene at 2:30 p.m. today.

AFTERNOON SESSION
The House was called to order by the Speaker at 2:30 p.m.
A quorum was present.

Recess
On motion by Mr. Dubbin, the House stood in informal recess
at 2:40 p.m. to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 3:18 p.m.
The following Members were recorded present:

The Chair Fechtel
Andrews Fontana
Avon Forbes
Bass Fortune
Baumgartner Foster
Becker Fulford
Birchfield Gautier
Blackburn Gibson
Boyd Gordon
Brown Gorman
Carlucci Grizzle
Cherry Grosse
Clark, David Haben
Clark, Dick Hagan
Clark, J. R. Hair
Clem Harllee
Cohen Harris
Conway Hazelton
Crabtree Hector
Craig Hodes
Crane Hodges
Crenshaw Holloway
Culbreath Hutto
Cunningham James
Danahy Johnson
Dixon Jones
Dubbin Kershaw
Dyer Kiser
Earle Kutun
Easley Langley
A quorum was present.

Lewis
Libertore
Lockward
MacKay
Malloy
Martinez
Matthews
Mattox
McDonald, D.
McDonald, L.
McPherson
Melvin
Miller
Mixson
Mooney
Moudry
Nelson
Nergard
Nuckolls
Ogden
Papy
Peaden
Poole
Poorbaugh
Price
Randell
Redman
Reynolds
Richmond
Rish

Robinson, A. S.
Robinson, G. C.
Robinson, J. W.
Rude
Ryals
Sackett
Shreve
Singleton, M. L.
Smith
Snowden
Spicola
Steinberg
Thomas, J. C.
Thomas, P.
Tillman
Tittle
Tobiassen
Tolton
Tubbs
Tucker
Turlington
Walker
Webb
Whitson
Williams
Williamson
Wilson
Young

Reports of Standing Committees
The Committee on Rules & Calendar recommends the follow-
ing pass: HB 22-B
The bill was placed on the calendar.

Report of the Committee on Rules & Calendar

The following report was read:
The Honorable Terrell Sessums
Speaker, House of Representatives
Sir:

January 29, 1974

Your Committee on Rules & Calendar submits the following:

1. The following bills filed outside the purview of the call
are not to be recommended for introduction. See Schedule
A.
2. The Rules Committee has no recommendation on the fol-
lowing veto messages relative to bills originating in the
House. See Schedule B.
3. The Rules Committee submits as the Special Order Cal-
endar under Rule 8.16 for Tuesday, January 29, 1974, the
consideration of the following bill:
HB 22-B-Education
A quorum of the Committee was present in person, and a
majority of those present agreed to the Report.
Respectfully submitted,
Murray H. Dubbin, Chairman
Committee on Rules & Calendar

"SCHEDULE A
Bills for Committee recommendation:
HB 1-B-Emergency gasoline rationing system
HSF 2-B-Electricity
HSF 3-B13-State audit system
HM 4-B-New type of power source for vehicle propulsion
HM 5-B-Off-shore oil drilling
HSF 6-B-Production of petroleum & other energy sources
HB 15-B-Commercial lighting
HB 16-B-Automobile racing
HM 17-B-Automobile emission control devices
HB 18-B-Energy conservation
HB 20-B-Gasoline & fuel oils

SCHEDULE B
HB's vetoed after the 1973 regular session:
CS/HB 432-Shands Teaching Hospital
CS/HB 754-Persons under 17 employed in certain establish-
ments serving alcoholic beverages
CS/CS/HB 1166-Milk and milk products
CS/CS/HB 1368-Coastal mapping of Florida

CS/HB 1558-Health facilities authorities
HB 2105-Department of Natural Resources
CS/HB 2145-Administrative procedures
On motion by Mr. Dubbin, the report was adopted.

Vetoed Bills (1973 Regular Session)
CS for HB 432 was taken up, together with the following
veto message:

Honorable Richard Stone
Secretary of State

June 26, 1973

Dear Mr. Secretary:
By the authority vested in me as Governor of Florida,
under the provisions of Article III, Section 8, of the Consti-
tution of the State of Florida, I hereby withhold my approval
of and transmit to you with my objections Committee Substi-
tute for House Bill 432 enacted by the Third Legislature of
Florida under the Florida Constitution, 1968 Revision, during
the Regular Session of 1973, and entitled:
"An act relating to Shands Teaching Hospital and its re-
lated clinics; providing legislative intent; providing that the
hospital and its related clinics shall not be subject to the
control of any state agency; creating the hospital manage-
ment board directly under the state board of education; pro-
viding the duties, powers and responsibilities of the board;
creating a capital improvements and construction trust fund
and providing for deposit of moneys therein; requiring ap-
propriations; providing an effective date."
It is apparent that in approving Committee Substitute for
House Bill 432 the Legislature intended to create a unique ad-
ministrative situation by separating the Shands Teaching Hos-
pital from the University System and placing the hospital under
the direct supervision of the State Board of Education. Under
this proposal, the hospital would no longer be part of the J.
Hillis Miller Medical Center nor would it be a part of the Uni-
versity of Florida.

4

January 29, 1974

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The bill also would remove the 1,326 current positions at
the hospital and its related clinics from the Career Service
System without making any provision for any form of merit
system for the protection of these career employees.
The effect of the bill on the budgetary review process is
unclear. Although the bill states that the hospital would not
be subject to the control of any agency of state government,
it requires the hospital to file a budget request which presum-
ably would be subject to the same process as budget requests
from other agencies.
While I understand the purpose of the bill, I am not con-
vinced that the proposed changes are necessary, workable or
desirable. To insure that the level of patient care at the hos-
pital is maintained and improved, I am directing the Secretary
of Administration to conduct a review of existing classifications
and pay levels. If we find that the pay levels are not competi-
tive, we will make adjustments through reclassification, geo-
graphical pay differentials or special in-hiring rates. It is my
feeling that this procedure is far superior to the statutory reme-
dy contained in Committee Substitute for House Bill 432.
I have discussed my objections with the Commissioner of
Education. He shares my concerns and has urged me to veto
Committee Substitute for House Bill 432.
For the foregoing reasons, I am withholding my approval
of Committee Substitute for House Bill 432, Regular Session of
the Legislature, commencing April 3, 1973, and do hereby veto
the same.
Sincerely,
REUBIN ASKEW
Governor
Dr. Tubbs moved that CS for HB 432 (1973 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-66

Andrews
Avon
Bass
Birchfield
Clark, David
Clark, J. R.
Clem
Crabtree
Crane
Crenshaw
Culbreath
Cunningham
Earle
Easley
Fechtel
Forbes
Fulford

Nays-49
The Chair
Baumgartner
Becker
Blackburn
Boyd
Brown
Carlucci
Cherry
Clark, Dick
Cohen
Conway
Craig
Danahy

Gautier
Gibson
Gordon
Gorman
Grizzle
Haben
Hagan
Harllee
Hazelton
Hector
Hodes
James
Johnson
Kiser
Langley
Libertore
Malloy

Dixon
Dubbin
Dyer
Fontana
Fortune
Foster
Grosse
Hair
Harris
Hodges
Holloway
Hutto
Jones

Martinez
Matthews
Mattox
McDonald, D.
Mooney
Moudry
Nelson
Nergard
Nuckolls
Ogden
Papy
Poole
Poorbaugh
Price
Randell
Reynolds
Richmond

Kershaw
Kutun
Lockward
MacKay
McDonald, L.
McPherson
Melvin
Miller
Mixson
Peaden
Redman
Rish
Ryals

Robinson, A. S.
Robinson, J. W.
Rude
Sackett
Smith
Snowden
Thomas, J. C.
Tillman
Tittle
Tobiassen
Tubbs
Turlington
Whitson
Williams
Wilson

Shreve
Singleton, M. L.
Spicola
Steinberg
Thomas, P.
Tolton
Tucker
Walker
Webb
Young

Representative G. C. Robinson was recorded as voting Nay.
So CS for HB 432 (1973 Regular Session) failed to pass by
the required Constitutional two-thirds vote of all Members
present.
The veto of the Governor was sustained and the bill was certi-
fied to the Secretary of State.
CS for HB 2145 was taken up, together with the following
veto message:

Honorable Richard Stone
Secretary of State

July 5, 1973

Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections Committee Substitute for
House Bill 2145 enacted by the Third Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regu-
lar Session of 1973, and entitled:
"An act relating to administrative procedures; amending
Section 120.021, Florida Statutes, redefining the terms "ag-
ency", and "rule" as used in Chapter 120, Florida Statutes;
amending Sections 120.031 and 120.041, Florida Statutes,
modifying the procedures for adoption of rules and the filing
and taking effect of such rules; amending Section 120.21(1)
and (2), Florida Statutes, redefining the term "adjudication"
as used in Chapter 120, Florida Statutes; providing an ef-
fective date."
Committee Substitute for House Bill 2145 partially amends
the rule making and adjudication procedures of administrative
agencies. Because I favor the revisions to the rule making pro-
cedure which increase public accessibility and participation in
administrative decisions, it is with great reluctance that I feel
compelled to disapprove the bill.
However, the applicability of the adjudication procedure to
the Governor impermissibly impinges upon and restricts the
Governor's constitutional responsibilities and powers specifically
in the area of suspensions.
By removing the longstanding exemption which has been
jointly shared by the Governor, Legislature, and courts, Sec-
tion 4 of the bill would limit the constitutional powers of the
Governor to suspend a public officer for malfeasance, mis-
feasance, neglect of duty, drunkenness, incompetence, perma-
nent inability to perform his function, and commission of a
felony without a prior administrative hearing.
In those cases where a public official has been criminally
indicted, a swift suspension of the indicted official is often
mandatory to prevent continued misuse of governmental powers.
The Florida Constitution, Article IV, Section 7 as well as
Chapter 112, Part V, Florida Statutes, provide that due process
be afforded by a subsequent hearing before the Senate. As
the federal and state courts have noted in upholding this pro-
vision, the eradication of corrupt practices in State government
is such an important responsibility that suspension of an of-
ficial prior to a hearing is consonant with due process, and
thus I cannot accept this statutory limitation of my constitu-
tional responsibilities.
I am confident that the Legislature will not abandon its
commitment, which I fully endorse, to increase the accessibility
and accountability of administrative agencies without sacrificing
effectiveness. In this regard I am informed that the first pri-
ority of the Law Revision Council during the coming year will
be the comprehensive review of the administrative procedure
act. I look forward to supporting legislative leadership in this
area while at the same time assuring the proper functioning of
constitutional powers of the Governor.
For the above reasons, I am withholding my approval of Com-
mittee Substitute for House Bill 2145, Regular Session of the
Legislature commencing April 3, 1973, and do hereby veto the
same.
Sincerely,
REUBIN O'D. ASKEW
Governor

Mr. Rude moved that CS for HB 2145 (1973 Regular Session)
pass, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-32

Avon
Bass
Clem
Earle
Easley

Fechtel
Gautier
Gibson
Gorman
Grizzle

Hagan
Hazelton
James
Langley
Lewis

Matthews
McDonald, D.
Nergard
Nuckolls
Peaden

January 29, 1974

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Poorbaugh
Price
Randell

Nays-77
The Chair
Andrews
Baumgartner
Becker
Birchfield
Blackburn
Boyd
Brown
Cherry
Clark, J. R.
Cohen
Conway
Crabtree
Craig
Culbreath
Cunningham
Danahy
Dixon
Dubbin
Dyer

Robinson, A.S. Tillman
Robinson, J. W. Tittle
Rude Tobiassen

Fontana
Forbes
Fortune
Foster
Fulford
Gordon
Grosse
Haben
Hair
Harllee
Harris
Hector
Hodes
Hodges
Holloway
Hutto
Johnson
Jones
Kershaw
Kiser

Representatives Carlucci,
recorded as voting Nay.

Kutun
Libertore
Lockward
MacKay
Malloy
Martinez
McDonald, L.
McPherson
Melvin
Miller
Mixson
Mooney
Moudry
Nelson
Ogden
Papy
Poole
Redman
Reynolds
Richmond

Tubbs
Williamson
Wilson

Rish
Ryals
Sackett
Shreve
Singleton, M. L.
Smith
Spicola
Steinberg
Thomas, P.
Tolton
Tucker
Turlington
Walker
Webb
Whitson
Williams
Young

Crenshaw, and G. C. Robinson were

So CS for HB 2145 (1973 Regular Session) failed to pass by
the required Constitutional two-thirds vote of all Members pres-
ent.
The veto of the Governor was sustained and the bill was
certified to the Secretary of State.

CS for CS for HB 1166 was taken up, together with the fol-
lowing veto message:

June 26, 1973

Honorable Richard Stone
Secretary of State

Dear Secretary Stone:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby withhold my approval of transmit
to you with my objections Committee Substitute for Committee
Substitute for House Bill 1166, enacted by the Third Legislature
of Florida under the Florida Constitution, 1968 Revision, during
the Regular Session of 1973, and entitled.

"An act relating to milk and milk products; amending Section
20.14, Florida Statutes providing a transfer of the powers of
the Division of Health relating to milk and milk products to
the Department of Agriculture & Consumer Services; amend-
ing section 502.171, Florida Statutes, deleting the provisions
permitting local inspection and regulation of milk and milk
products; amending section 502.211, Florida Statutes, provid-
ing for uniform statewide regulation; and notice to the divi-
sion of health; creating section 502.232, Florida Statutes, pro-
viding for superseding all municipal or county laws; providing
an effective date."

Committee Substitute for Committee Substitute for House
Bill 1166 seeks to completely remove all powers, duties and
functions of the division of health relating to the regulation,
inspection and certification of milk and milk products and place
same in the Department of Agriculture and Consumer Services.
This would remove all protection of an agency created by the
legislature for the single purpose of protecting the health of
the citizens of Florida and give exclusive power for these func-
tions to an agency charged by law to protect the dairy interests
of the state. (Section 570.07(19), Florida Statutes).
Milk is a sensitive food. It is a near perfect medium for the
growth and multiplication of microorganisms which cause di-
sease in man. If not properly and carefully produced, processed,
stored, sold and served, it can present a serious threat to human
health. Committee Substitute for Committee Substitute for
House Bill 1166 would remove those who have the greatest
knowledge, interest and responsibility to protect the health of
the people of Florida. I cannot see merit in such legislation.

Both as a Legislator and as Governor I have encouraged
efforts to eliminate unnecessary duplication of governmental
functions. Early in my administration, I called together repre-
sentatives of the Department of Health and Rehabilitative
Services, Department of Agriculture and Consumer Services and
the dairy industry, in an effort to resolve the question of
duplicative inspections. After many months of meetings and
negotiations, a workable agreement was put in final form. This
agreement placed the division of health in a monitoring role by
providing for periodic survey ratings and a review of records,
inspection reports and sample results by health professionals.
The Department of Agriculture and Consumer Services would
have the general responsibility for inspection and enforcement
of Chapter 502, Florida Statutes. The Secretary of the Depart-
ment of Health and Rehabilitative Services signed this agree-
ment and forwarded it to the Department of Agriculture for
ratification. Unfortunately no action was taken. This same
concept was adopted by the Senate Committee on Governmental
Operations in Committee Substitute for Senate Bill 362. This too
was summarily rejected by the dairy interests.
I am not convinced that the best interests of the people of
Florida will be served by casting aside the wealth of resources
available through state and local health officials to preserve
human health. To the contrary, there is a body of evidence over
recent years to show that state and local health officials have
been instrumental in preventing contaminated milk and milk
products from diseased dairy herds from reaching the con-
suming public.
The rewording of Section 502.211, Florida Statutes, deletes
important provisions of present law serving to dilute division
of health control of sanitation and sanitary practices in places
where milk and milk products are sold for consumption. At a
time when the population growth is putting increasing pres-
sure on the quality of our environment I cannot reconcile a
reduction in effort to ensure the health of the people of Flor-
ida. This would constitute a regression in protection afforded
to Florida residents and the millions of tourists who visit our
state each year.
As Governor, I am responsible for the health and welfare of
the people of Florida and cannot accept the wisdom of totally
removing the protection available through the division of health
from so vital a food as milk. In an effort to again resolve this
problem I am directing the Secretary of the Department of
Health and Rehabilitative Services to resubmit the above men-
tioned inter-agency agreement to the Department of Agricul-
ture and Consumer Services for ratification or further negotia-
tion. Through this effort I am confident the agencies involved
can carry out the legislative intent of this bill by removing
unnecessary duplication, yet continue to provide the best avail-
able protection to the people of Florida.
For these reasons, I am withholding my approval of Com-
mittee Substitute for Committee Substitute for House Bill
1166, Regular Session of the Legislature commencing April 3,
1973, and do hereby veto the same.
Sincerely,
REUBIN O'D. ASKEW
Governor

Mr. Martinez moved that CS for CS for HB 1166 (1973 Regu-
lar Session) pass, the veto of the Governor to the contrary not-
withstanding. The vote was:
Yeas-67

Andrews
Avon
Birchfield
Blackburn
Boyd
Clark, David
Clark, Dick
Clark, J. R.
Clem
Cohen
Craig
Crane
Culbreath
Dubbin
Fechtel
Forbes
Fortune

Foster
Fulford
Gautier
Gibson
Gorman
Grosse
Haben
Hagan
Harllee
Hector
Hodges
Hutto
James
Jones
Langley
Libertore
MacKay

Malloy
Martinez
Matthews
Mattox
McDonald, D.
McPherson
Melvin
Mixson
Mooney
Moudry
Nuckolls
Peaden
Poorbaugh
Price
Randell
Redman
Reynolds

Richmond
Rish
Robinson, A. S.
Robinson, J. W.
Rude
Ryals
Smith
Spicola
Thomas, P.
Tillman
Tittle
Tucker
Walker
Webb
Whitson
Williams

January 29, 1974

6

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-48
The Chair
Bass
Baumgartner
Becker
Brown
Carlucci
Cherry
Conway
Crenshaw
Cunningham
Danahy
Dixon

Dyer
Earle
Easley
Fontana
Gordon
Grizzle
Hair
Harris
Hazelton
Hodes
Holloway
Johnson

Kershaw
Kiser
Kutun
Lewis
Lockward
McDonald, L.
Miller
Nelson
Nergard
Papy
Poole
Robinson, G. C.

gackett
Shreve
Singleton, M. L.
Steinberg
Thomas, J. C.
Tobiassen
Tolton
Tubbs
Turlington
Williamson
Wilson
Young

So CS for CS for HB 1166 (1973 Regular Session) failed to
pass by the required Constitutional two-thirds vote of all Mem-
bers present.
The veto of the Governor was sustained and the bill was cer-
tified to the Secretary of State.

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

Introduction and Reference
By Representatives Young, Lockward, Dyer, and McPherson-
HB 23-B-A bill to be entitled An act relating to the sales
and use tax; adding paragraph (j) to subsection (7) of 212.08,
Florida Statutes, 1972 Supplement; exempting from the sales
and use tax the sale of solar water heaters and other appliances
powered by solar energy; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar for recommendation, the Speaker having ruled the meas-
ure was outside the purview of the Call.

By Representative Mixson-
HM 24-B-A memorial to the Congress of the United States
urging the repeal of the Emergency Daylight Saving Time
Energy Conservation Act of 1973.
-was placed temporarily in the Committee on Rules & Cal-
endar for recommendation, the Speaker having ruled the meas-
ure was outside the purview of the Call.

By Representatives Melvin, Cohen, Hagan, Williamson, Cun-
ningham, Becker, Boyd, McPherson, Nuckolls, Randell, P.
Thomas, Walker, Tolton, Smith, Miller, Young, Dyer, Earle,
J. C. Thomas, M. L. Singleton, Baumgartner, Kutun, Steinberg,
Price, Gordon, Cherry, Malloy, Fontana, Sackett, Lockward,
Kershaw, Matthews, Gibson, Gorman, Papy, Foster, Culbreath,
Nergard, Reynolds, L. McDonald and Langley-
HB 25-B-A bill to be entitled An act relating to Florida
tourism; recognizing the vital part of the economy the tourism
industry plays, the decline of visitor traffic as a result of the
current national energy crisis, the inadequacy of current adver-
tising and promotional funds in the face of the crisis; providing
for a reserve emergency appropriation of one (1) million dollars
for advertising and promotional projects until July 1, 1974, to
be released and monitored by the Cabinet after justification by
the Division of Tourism of the Department of Commerce; pro-
viding that any money not spent during the critical period, or
before July 1, 1974, shall return to the General Revenue Fund.
-was placed temporarily in the Committee on Rules & Calen-
dar for recommendation, the Speaker having ruled the measure
was outside the purview of the Call.

Adjournment

Pursuant to the motion previously adopted, the House ad-
journed at 4:12 p.m. to reconvene at 10:00 a.m. tomorrow.

7

January 29, 1974

"THE JOURNAL OF THE FLORIDA

A '

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

Wednesday, January 30, 1974

The House was called to order by the Speaker at 10:00 a.m.

The following Members were recorded present:

Report of the Committee on Rules & Calendar

The following report was read:

Langley
Lewis
Libertore
Lockward
MacKay
Malloy
Martinez
Matthews
Mattox
McDonald, D.
McDonald, L.
McPherson
Melvin
Miller
Mixson
Mooney
Moudry
Nelson
Nergard
Nuckolls
Ogden
Papy
Peaden
Poole
Poorbaugh
Price
Randell
Redman
Reynolds
Richmond

Rish
Robinson, A. S.
Robinson, G. C.
Robinson, J. W.
Rude
Ryals
Sackett
Shreve
Singleton, M. L.
Smith
Snowden
Spicola
Steinberg
Thomas, J. C.
Thomas, P.
Tillman
Tittle
Tobiassen
Tolton
Tubbs
Tucker
Turlington
Webb
Whitson
Williams
Williamson
Wilson
Young

The Honorable Terrell Sessums
Speaker, House of Representatives

January 30, 1974

Sir:
Your Committee on Rules & Calendar submits the following:
1. HM 24-B is recommended for introduction, outside the
purview.
2. HB 23-B and HB 25-B are not recommended for introduc-
tion.
3. HB 27-B relating to "legal time" is introduced as a Rules
Committee bill.
4. That conditioned upon the availability of each measure, the
Special Order Calendar under Rule 8.16 for Wednesday,
January 30, 1974, shall be:
(1) HM 24-B-Daylight saving time
(2) HB 27-B-Relative to "legal time".
A quorum of the Committee was present in person, and a
majority of those present agreed to the Report.
Respectfully submitted,
Murray H. Dubbin, Chairman
Committee on Rules & Calendar
On motion by Mr. Dubbin, the report was adopted.

Excused: Representatives C.
sentative Moudry at 3:00 p.m.

A. Singleton and Walker; Repre-

Introduction and Reference

A quorum was present.

Prayer

Prayer by Representative James L. Redman:
Our Dear Heavenly Father, we thank You for the rain,
for the health that we enjoy and all other blessings which
You have bestowed upon us. In this time, give us wisdom
for the occasion and faith that is unexcelled. Amen.

Journal

The Journal of January 29 was approved.

Co-introducers

Representatives David Clark, Dick Clark, J. R. Clark, Craig,
Fortune, Fulford, Hector, Hodges, Lewis, Libertore, Mattox,
D. McDonald, Mooney, Moudry, Poorbaugh, Richmond, Tittle,
and Williams were given permission to be recorded as co-
introducers of HB 25-B.

By Representative Mixson--
HM 24-B-A memorial to the Congress of the United States
urging the repeal of the Emergency Daylight Saving Time
Energy Conservation Act of 1973.

Mr. Dubbin moved that HM 24-B be admitted for introduction
and consideration, the Speaker having ruled that the measure
was outside the purview of the Governor's call. The vote was:

Yeas-72

The Chair
Andrews
Baumgartner
Birchfield
Blackburn
Boyd
Brown
Carlucci
Cherry
Clark, Dick
Clark, J. R.
Clem
Cohen
Conway
Craig
8

Crane
Cunningham
Danahy
Dixon
Dubbin
Dyer
Fontana
Forbes
Fortune
Foster
Gibson
Gordon
Grosse
Hagan
Hair

Harllee
Harris
Hector
Hodes
Hodges
Holloway
Hutto
Jones
Kershaw
Kutun
Libertore
Mattox
McDonald, L.
McPherson
Melvin

Miller
Mixson
Moudry
Nelson
Nergard
Ogden
Peaden
Poorbaugh
Redman
Rish
Robinson, J. W.
Ryals
Sackett
Shreve
Singleton, M. L.

The Chair
Andrews
Avon
Bass
Baumgartner
Becker
Birchfield
Blackburn
Boyd
Brown
Carlucci
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Clem
Cohen
Conway
Crabtree
Craig
Crane
Crenshaw
Culbreath
Cunningham
Danahy
Dixon
Dubbin
Dyer
Earle
Easley

Fechtel
Fontana
Forbes
Fortune
Foster
Fulford
Gautier
Gibson
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Hair
Harllee
Harris
Hartnett
Hazelton
Hector
Hodes
Hodges
Holloway
Hutto
James
Johnson
Jones
Kershaw
Kiser
Kutun

House o Representatizves

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Smith
Snowden
Spicola

Steinberg
Thomas, P.
Tittle

Gorman
Grizzle
Haben
Hartnett
Hazelton
James
Johnson
Kiser
Langley
Lewis
Lockward

Webb
Williams
Young

Tolton
Tucker
Turlington

Malloy
Martinez
Matthews
McDonald, D.
Mooney
Nuckolls
Papy
Poole
Price
Randell
Reynolds

Representative Becker was recorded as voting Yea; Repre-
sentative David Clark changed his vote from Nay to Yea.

The motion was not agreed to by the required Constitutional
two-thirds vote. Therefore, HM 24-B was not admitted for intro-
duction and consideration.

By The Committee on Rules & Calendar-
HB 27-B-A bill to be entitled An act relating to legal time;
providing findings and intent; providing an exemption for a
portion of the State of Florida from the Emergency Daylight
Saving Time Energy Conservation Act of 1973; providing an
effective date.
-was read the first time by title and placed on the Calendar
without reference.

Recess

On motion by Mr. Dubbin, the House recessed at 10:30 a.m. to'
reconvene at 11:00 a.m. today.

Reconvened

The House was called to order by the Speaker at 11:00 a.m.
A quorum was present.

Consideration of the Special Order

HB 27-B-A bill to be entitled An act relating to legal time;
providing findings and intent; providing an exemption for a
portion of the State of Florida from the Emergency Daylight
Saving Time Energy Conservation Act of 1973; providing an ef-
fective date.
-was taken up. On motion by Mr. Dubbin, the rules were
waived and HB 27-B was read the second time by title.

Representatives Earle, J. C. Thomas, Tubbs, and Peaden of-
fered the following amendment:
Amendment 1-On page 1, line 19, after the word "state."
insert: The legislature of the State of Florida further finds that
the forced busing of school children has resulted in a waste
of energy resources and has resulted in children traveling to and
from school during morning and evening darkness.
Dr. Earle moved the adoption of the amendment. Pending
consideration thereof-

Representative Harris offered the following substitute amend-
ment:
Substitute Amendment 1-Strike the enacting clause
Mr. Harris moved the adoption of the substitute amendment.
Pending consideration thereof-

Mr. Tobiassen raised the point of order that HB 27-B was
outside the purview of the Governor's Call. The Speaker, after

hearing discussion, ruled the point not well taken in the sense
that it had not been raised in timely fashion. The Speaker said
he was not ruling on whether the point might have been valid
if raised earlier "but we find ourselves now well in the course
of debate on amendments on the bill and I think it wise that the
House be allowed to work its will on the amendments."

Mr. Tillman moved the previous question on the substitute
amendment, which was agreed to.

The question recurred on the adoption of Substitute Amend-
ment 1, striking the enacting clause, which was adopted. The
vote was:

Yeas-84

Avon
Bass
Baumgartner
Birchfield
Brown
Carlucci
Cherry
Clark, David
Clark, Dick
Clem
Cohen
Crabtree
Crane
Crenshaw
Culbreath
Cunningham
Dixon
Dyer
Earle
Easley
Fechtel

Nays-32
The Chair
Andrews
Becker
Blackburn
Boyd
Clark, J. R.
Conway
Craig

Fontana
Fulford
Gautier
Gibson
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Harllee
Harris
Hartnett
Hazelton
Hector
Hutto
James
Johnson
Jones
Kiser
Langley

Danahy
Dubbin
Fortune
Foster
Hair
Hodes
Hodges
Holloway

Mr. Dubbin moved that
hour of 1:15 p.m. today.

Mr. Williamson offered
adjourn instanter.

Lewis
Libertore
Lockward
Malloy
Matthews
McDonald, D.
McPherson
Miller
Mooney
Moudry
Nelson
Nergard
Nuckolls
Papy
Peaden
Poole
Price
Randell
Reynolds
Richmond
Rish

Kershaw
Kutun
Martinez
Mattox
McDonald, L.
Melvin
Mixson
Ogden

Robinson, A. S.
Robinson, G. C.
Robinson, J. W.
Rude
Sackett
Shreve
Singleton, M. L.
Smith
Snowden
Spicola
Steinberg
Thomas, J. C.
Thomas, P.
Tillman
Tittle
Tobiassen
Tubbs
Whitson
Williams
Williamson
Wilson

Poorbaugh
Redman
Ryals
Tolton
Tucker
Turlington
Webb
Young

the House stand in recess until the

a substitute motion that the House

Mr. Johnson moved that the House adjourn at 11:59 p.m.
today.

The absence of a quorum was suggested. A quorum of 116
Members was present.

The question recurred on the motion by Mr. Johnson that the
House adjourn at 11:59 p.m., which was agreed to. The vote was:

Yeas-68

Andrews
Baumgartner
Becker
Birchfield
Boyd
Carlucci
Cherry
Clark, J. R.
Cohen
Craig
Crenshaw
Dixon
Dubbin
Earle

Easley
Fechtel
Fontana
Fortune
Gordon
Gorman
Grosse
Hagan
Hair
Hartnett
Hazelton
Hector
Hodes
Hodges

Hutto
Johnson
Jones
Kershaw
Kiser
Langley
Lewis
Libertore
MacKay
Mattox
McDonald, D.
Melvin
Miller
Mixson

Mooney
Nergard
Nuckolls
Ogden
Peaden
Randell
Reynolds
Rish
Robinson, G. C.
Robinson, J. W.
Rude
Sackett
Singleton, M. L.
Spicola

Richmond
Robinson, A. S.
Robinson, G. C.
Rude
Thomas, J. C.
Tillman
Tobiassen
Tubbs
Whitson
Williamson
Wilson

Nays-44
Avon
Bass
Clark, David
Crabtree
Crenshaw
Culbreath
Earle
Easley
Fechtel
Fulford
Gautier

9

January 30, 1974

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Tobiassen
Tolton
Tubbs

Steinberg
Thomas, P.
Tillman

Nays-48
The Chair
Avon
Bass
Blackburn
Brown
Clark, David
Clark, Dick
Clem
Conway
Crabtree
Crane
Culbreath

Tucker
Turlington
Webb

James
Kutun
Lockward
Malloy
Martinez
Matthews
McDonald, L.
McPherson
Moudry
Nelson
Papy
Poole

Williarms
Wilson'
Young

Poorbaugh
Price
Redman
Richmond
Robinson, A. S.
Ryals
Shreve
Smith
Thomas, J. C.
Tittle
Whitson
Williamson

Representative Holloway changed his vote from Nay to Yea.

Recess

On motion by Mr. Dubbin, the House recessed at 12:22 p.m.
to reconvene at 1:30 p.m. today.

AFTERNOON SESSION

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

The following Members were recorded present:

The Chair
Andrews
Avon
Bass
Baumgartner
Becker
Birchfield
Blackburn
Boyd
Brown
Carlucci
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Clem
Cohen
Conway
Crabtree
Craig
Crane
Crenshaw
Culbreath
Cunningham
Danahy
Dixon
Dubbin
Dyer
Earle
Easley

Fechtel
Fontana
Forbes
Fortune
Foster
Fulford
Gautier
Gibson
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Hair
Harllee
Harris
Hartnett
Hazelton
Hector
Hodes
Hodges
Holloway
Hutto
James
Johnson
Jones
Kershaw
Kiser
Kutun

Langley
Lewis
Libertore
Lockward
MacKay
Malloy
Martinez
Matthews
Mattox
McDonald, D.
McDonald, L.
McPherson
Melvin
Miller
Mixson
Mooney
Moudry
Nelson
Nergard
Nuckolls
Ogden
Papy
Peaden
Poole
Poorbaugh
Price
Randell
Redman
Reynolds
Richmond

Rish
Robinson, A. S.
Robinson, G. C.
Robinson, J. W.
Rude
Ryals
Sackett
Shreve
Singleton, M. L.
Smith
Spicola
Steinberg
Thomas, J. C.
Thomas, P.
Tillman
Tittle
Tobiassen
Tolton
Tubbs
Tucker
Turlington
Webb
Whitson
Williams
Williamson
Wilson
Young

A quorum was present.

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

Introduction and Reference

By Representatives Fortune and G. C, Robinson-
HB 26-B-A bill to be entitled An act relating to education;
amending 236.081 (5), Florida Statutes, as created by 4 of
chapter 73-345, Laws of Florida; providing for adjustment in
computation of district required local effort when the tax roll
is under litigation; providing for re-computation and adjustment
following adjudication; providing an effective date.

Cunningham
Danahy
Dyer
Foster
Fulford
Gautier
Gibson
Grizzle
Haben
Harllee
Harris
Holloway

Honorable Richard (Dick) Stone
Secretary of State
Department of State
Dear Mr. Secretary:

June 26, 1973

By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby transmit to you Senate Bill 1343,
with objections to portions of Senate Bill 1343, enacted by the
Third Legislature of Florida under the Florida Constitution,
1968 Revision, during the extended Regular Session of 1973,
and entitled:
"An act making appropriations; providing moneys for the
annual period beginning July 1, 1973 and ending June 30,
1974, to pay salaries, other expenses, capital outlay-buildings
and improvements, and for other specified purposes of the
various agencies of state government; suspending sections
216.262, 216.292, 216.301(2), 27.34(1) and 27.54(2), F.S.; pro-
viding an effective date."
Generally, the Legislature has developed a general appropria-
tions bill of which it can be proud. There are, however, a few
areas where changing circumstances or constitutional conflicts
make it necessary for me to withhold my approval. The follow-
ing provisions of the bill are vetoed for the reasons stated.

-was placed temporarily in the Committee on Rules & Calen-
dar for recommendation, the Speaker having ruled the measure
was outside the purview of the Call.

By Representatives Fortune and G. C. Robinson-
HB 28-B-A bill to be entitled An act relating to a loan from
the Working Capital Fund to the State Department of Education
for the Santa Rosa School District; making appropriations;
providing an effective date.
-was placed temporarily in the Committee on Rules & Calen-
dar for recommendation, the Speaker having ruled the measure
was outside the purview of the Call.

By Representatives Young, Dyer, McPherson, Boyd, Bass,
Miller, and Steinberg-
HM 29-B-A memorial to the Congress of the United States,
urging Congress to discontinue oil depletion allowances and tax
exemptions for any oil company which sells motor fuel and
heating oil abroad during the energy shortage in the United
States,
-was placed temporarily in the Committee on Rules & Calen-
dar for recommendation, the Speaker having ruled the measure
was outside the purview of the Call.

Messages from the Senate

The Honorable T. Terrell Sessums
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has reinstated by the required Constitutional two-
thirds vote of the members of the Senate present on January
30, 1974, the Governor's objections to the contrary notwith-
standing, the second proviso under Item 10 and the proviso
following Item 307 on page 21 in-
SB 1343 (1973 Regular Session)-An act making appropria-
tions; providing moneys for the annual period beginning July 1,
1973 and ending June 30, 1974, to pay salaries, other expenses,
capital outlay-buildings and improvements, and for other spec-
ified purposes of the various agencies of state government;
suspending sections 216.262, 216.292, 216.301(2), 27.34(1) and
27.54(2), F.S.; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Elmer 0. Friday, Secretary

The second proviso under Item 10 and the proviso following
Item 307 of SB 1343 (1973 Regular Session) were taken up,
together with the following veto message:

10

January 30, 1974

11

JOURNAL OF THE HOUSE OF REPRESENTATIVES

On Page 1, a proviso following Item 10 makes the $150,000
appropriation to the Department of Administration contingent
upon the passage of House Bill 1491, which is a proper restric-
tion on the appropriation of funds. The proviso attempts to go
further, however, and to make a delegation of spending authority
which was not included in the substantive law. Therefore, the
second proviso under Item 10 is not in keeping with Constitu-
tional restrictions and the proviso, which reads as follows, is
hereby vetoed:
"Provided, further, that the moneys allocated for the energy
needs study to the Department of Administration shall only
be expended at the direction of the co-chairmen of the Florida
Energy Committee created by HB 1491."
The proviso following Item 307 on Page 21 would violate the
constitutional prohibition against writing substantive law in
the appropriations bill. Section 272.121, Florida Statutes, en-
acted by the 1972 Legislature, provides that the development
plan for the Capitol Center shall be presented to the Capitol
Center Planning Commission for final approval. The proviso
would amend this procedure by requiring that the approval of
the Commission would be subject to the concurrence of the
Legislature. Although the Legislature can require its concur-
rence in any plan approved by the Commission, it must do so
within the limits of Sections 6 and 12 of Article III of the
Constitution. Therefore, the proviso following Item 307 on Page
21, which reads as follows, is hereby vetoed:
"Provided, however, that the plan, and amendments thereto,
shall be presented to the Capitol Center Planning Commission
for final approval subject to the concurrence of the Legisla-
ture."
Item 726A on Page 42 was included in the general appropria-
tions bill, assuming the implementation of Senate Bill 628, which
was vetoed on June 15, 1973. While I objected to the method of
establishing a Capitol Center Security Force, I stated that the
Legislature has the power and responsibility to maintain
security of its own chambers and buildings. I do not believe,
however, that the funds provided for the proposed Capitol
Center Security Commission are required in order for the
Legislature to provide for its own security.
With the concurrence of the President of the Senate and the
Speaker of the House, we have provided for the continuation of
security positions in other areas of the Capitol Center. If the
Legislature does not have sufficient funds available and needs
additional funds to assure the continuation of security positions
in the legislative buildings, the necessary amount can be pro-
vided by supplemental appropriation. Therefore, Item 726A,
which reads as follows, is hereby vetoed:
"Capitol Center Security Force
726A Lump Sum
From General Revenue Fund -------------45 $548,067
Provided, however, that the 18.5 people now on-board at
the present time under the Department of General Services
shall have first priority for positions under transfer to the
Capitol Center Security Force."
In Item 758 on Page 44, the Legislature provides an appro-
priation for construction of a bridge from the Primary Road
Trust Fund. Because of the uncertainty concerning the avail-
ability of federal highway funds in the coming fiscal year, this
attempt to mandate the allocation of funds for one project could
create a problem. If these federal funds are forthcoming, we
will attempt to meet the legislative intent expressed in this
item. The need for this project, however, must be considered
along with other priorities within the funds available. Therefore,
the following appropriation in Item 758 is hereby vetoed:
"From Primary Road Trust Fund ....--------........ $3,461,230."
Item 887 on Page 50 includes money to establish a financial
planning analyst position in the Public Service Commission and
the proviso following Item 887 states that this position may not
be filled by any of the Commission's current employees. Instead
of being a restriction on the spending of these funds, as pro-
vided by the Constitution, I believe this is an attempt to exclude

a specific group of people for no apparent reason. While the
Legislature may speak to the qualifications required, I do not
think it proper to discriminate against a group of individuals
by denying them the right to be considered based upon their
own training, experience and abilities. Therefore, the proviso
following Item 887, which reads as follows, is hereby vetoed:

"Provided, however, that the financial planning analyst posi-
tion provided shall not be filled by any of the current staff
of the Public Service Commission."
In Section II of the bill, which includes appropriations for
Fixed Capital Outlay, Item 93B on Page 61 provides $60,000 for
the completion of a Sunland Recreation Park for the handi-
capped in Gulf County. While I agree with the purpose for which
these funds were included, the appropriation duplicates the
funds provided in House Bill 1645, which has been approved.
Theref6re, these funds are not needed to accomplish the purpose,
and Item 93B, which reads as follows, is hereby vetoed:
"93B Lump Sum-Sunland Recreation Park for Handi-
capped-Gulf County
From General Revenue Fund ....--------.------------ $60,000
Item 93B is appropriated to complete Phase I construction of
the Bay Side Development and Phase II construction of the
above Park."
For the reasons stated, I am withholding my approval of the
quoted provisions of Senate Bill 1343 and do hereby veto these
provisions. The remaining provisions of Senate Bill 1343, en-
acted by the Third Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Extended Session of
1973, are hereby approved.
Respectfully,
REUBIN O'D. ASKEW
Governor

The question was put that the second proviso under Item 10
of SB 1343 (1973 Regular Session) be reinstated, the veto of
the Governor to the contrary notwithstanding. The vote was:

Yeas-10

Bass
Earle
Gautier

Nays-103
The Chair
Andrews
Avon
Baumgartner
Becker
Birchfield
Blackburn
Boyd
Brown
Carlucci
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Clem
Cohen
Conway
Crabtree
Craig
Crane
Crenshaw
Culbreath
Cunningham
Danahy
Dixon
Dubbin

Gibson
Poole
Robinson, J. W.

Dyer
Easley
Fechtel
Fontana
Forbes
Fortune
Foster
Fulford
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Hair
Harllee
Harris
Hazelton
Hector
Hodes
Hodges
Holloway
Hutto
James
Johnson
Jones

Rude
Thomas, J. C.
Tillman

Kershaw
Kiser
Kutun
Langley
Lewis
Libertore
MacKay
Malloy
Martinez
Matthews
Mattox
McDonald, D.
McDonald, L.
McPherson
Melvin
Miller
Mixson
Moudry
Nelson
Nergard
Nuckolls
Ogden
Papy
Peaden
Poorbaugh
Price

Tubbs

Randell
Redman
Reynolds
Richmond
Rish
Robinson, A. S.
Robinson, G. C.
Ryals
Shreve
Singleton, M. L.
Smith
Spicola
Steinberg
Thomas, P.
Tittle
Tobiassen
Tolton
Tucker
Turlington
Webb
Whitson
Williams
Williamson
Wilson
Young

Representative Sackett was recorded as voting Nay.

So the second proviso under Item 10 of SB 1343 (1973 Regu-
lar Session) failed to be reinstated by the required Constitu-
tional two-thirds vote of all Members present.

The veto of the Governor was sustained.

Mrs. Easley moved that the proviso following Item 307 of
SB 1343 (1973 Regular Session) be reinstated, the veto of the
Governor to the contrary notwithstanding.

January 30, 1974

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Harris suggested the absence of a quorum. A quorum of
112 Members was present.

The vote on the motion to reinstate was:

Yeas-56

Avon
Bass
Blackburn
Clark, David
Clark, J. R.
Clem
Crabtree
Crane
Crenshaw
Earle
Easley
Fechtel
Foster
Gautier

Nays-55
The Chair
Andrews
Baumgartner
Becker
Birchfield
Boyd
Brown
Carlucci
Cherry
Clark, Dick
Cohen
Conway
Craig
Culbreath

Gibson
Gorman
Grizzle
Haben
Hagan
Harllee
Hazelton
Holloway
James
Johnson
Kiser
Langley
Lewis
Malloy

Cunningham
Danahy
Dixon
Dubbin
Dyer
Fontana
Forbes
Fortune
Fulford
Gordon
Grosse
Hair
Harris
Hartnett

Matthews
Mattox
McDonald, D.
McDonald, L.
Mooney
Nergard
Nuckolls
Papy
Peaden
Poole
Poorbaugh
Price
Redman
Reynolds

Hector
Hodes
Hutto
Kershaw
Kutun
Libertore
MacKay
Martinez
McPherson
Melvin
Miller
Mixson
Moudry
Nelson

Richmond
Robinson, A. S.
Robinson, J. W.
Rude
Thomas, J. C.
Tillman
Tittle
Tobiassen
Tolton
Tubbs
Tucker
Whitson
Williamson
Wilson

Ogden
Rish
Ryals
Shreve
Singleton, M. L.
Smith
Spicola
Steinberg
Thomas, P.
Turlington
Webb
Williams
Young

Representatives Hodges and Sackett were recorded as voting
Nay; Representative Poole changed his vote from Yea to Nay.

So the proviso following Item 307 of SB 1343 (1973 Regular
Session) failed to be reinstated by the required Constitutional
two-thirds vote of all Members present.

The veto of the Governor was sustained. The action, together
with SB 1343 (1973 Regular Session) was certified to the
Senate.

Mr. Williamson moved that the House adjourn instanter.

Mr. Fulford suggested the absence of a quorum. A quorum of
114 Members was present.

The question recurred on the motion to adjourn instanter,
which was not agreed to. The vote was:

Gibson
Gorman
James
Kiser
Matthews
McDonald, D.

Clark, Dick
Clark, J. R.
Cohen
Conway
Craig
Crenshaw
Culbreath
Cunningham
Danahy
Dixon
Dubbin
Dyer

Moudry
Poole
Price
Richmond
Robinson, A. S.
Robinson, J. W.

Fechtel
Fontana
Fortune
Foster
Fulford
Gautier
Gordon
Grizzle
Grosse
Haben
Hagan
Hair

Thomas, J. C.
Tubbs
Whitson
Williamson
Wilson

Harllee
Harris
Hartnett
Hazelton
Hector
Hodes
Hodges
Holloway
Hutto
Johnson
Jones
Kershaw

Kutun
Lewis
Libertore
MacKay
Malloy
Martinez
Mattox
McDonald, L.
McPherson
Melvin
Miller

Mixson
Mooney
Nelson
Nergard
Nuckolls
Ogden
Papy
Peaden
Poorbaugh
Randell
Redman

Reynolds
Rish
Robinson, G. C.
Rude
Ryals
Shreve
Singleton, M. L.
Smith
Spicola
Steinberg
Thomas, P.

Tillman
Tittle
Tobiassen
Tolton
Tucker
Turlington
Webb
Williams
Young

Continuation of Messages from the Senate

The Honorable T. Terrell Sessums
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that
the Senate has passed-

By Senators Ware and Barron-
SB 8-B-A bill to be entitled An act relating to legal time;
providing an exemption for a portion of the State of Florida
from the Emergency Daylight Saving Time Energy Conserva-
tion Act of 1973; providing an effective date.
-and requests the concurrence of the House therein.
Respectfully,
Elmer 0. Friday, Secretary

SB 8-B, contained in the above message, was read the first
time by title and referred to the Committee on Rules & Calen-
dar.

Mr. Tobiassen called a point of order that SB 8-B was out-
side the purview of the Governor's Call for this Special Session.
The Chair stated that a bill having a slightly later effective
date than the one the Governor suggested, still came within the
purview of the Call and ruled the point not well taken.

Recess

On motion by Mr. Dubbin, the House recessed at 2:35 p.m.
for the purpose of holding a meeting of the Committee on
Rules & Calendar.

Reconvened

The House was called to order by the Speaker at 3:00 p.m.
A quorum was present.

Reports of Standing Committees

The Committee on Rules & Calendar recommends the follow-
ing pass: SB 8-B

The bill was placed on the Calendar.

Report of the Committee on Rules & Calendar

The following report was read:

The Honorable Terrell Sessums
Speaker, House of Representatives

January 30, 1974

Sir:
Your Committee on Rules & Calendar submits the following:
1. HB 28-B and HB 29--B are not recommended for introduc-
tion.

Yeas-23
Clark, David
Clem
Crabtree
Crane
Earle
Easley

Nays-90
The Chair
Andrews
Avon
Bass
Baumgartner
Becker
Birchfield
Blackburn
Boyd
Brown
Carlucci
Cherry

12

January 30, 1974

JOURNAL OF THE HOUSE OF REPRESENTATIVES

2. HB 26-B is recommended for introduction.
3. The Special Order Calendar under Rule 8.16 for Wednesday,
January 30, 1974, will be HB 26-B (conditioned upon its
availability for consideration); followed by SB 8-B.
A quorum of the Committee was present in person, and a
majority of those present agreed to the Report.
Respectfully submitted,
Murray H. Dubbin, Chairman
Committee on Rules & Calendar

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

On motion by Mr. Dubbin, agreed to by the required Consti-
tutional two-thirds vote, HB 26-B was admitted for introduction
by the House, the Speaker having ruled that the measure was
outside the purview of the Governor's Call.

Consideration of the Special Order

By Representatives Fortune and G. C. Robinson-
HB 26-B---A bill to be entitled An act relating to education;
amending 236.081 (5), Florida Statutes, as created by 4 of
chapter 73-345, Laws of Florida; providing for adjustment in
computation of district required local effort when the tax roll is
under litigation; providing for re-computation and adjustment
following adjudication; providing an effective date.
-was read the first time by title and taken up, by waiver of
the rules.

On motion by Mr. Fortune, the rules were waived and HB
26-B was read the second time by title.

Representative Ogden offered the following amendment:
Amendment 1-On page 2, strike all underlined material be-
tween lines 4 and 11 and insert: provided, that in those in-
stances in which there is litigation attacking the authority of
the assessor to include certain property on the tax assessment
roll as taxable property, and the tax collector has been directed
by the court not to collect taxes on such property, or has been
directed not to disburse to the tax levying authorities such
taxes, and the assessed value of the property in contest involves
more than ten percent (10%) of the total non-exempt assess-
ment roll, then ninety-five percent (95%) of the assessed value
of the property in contest shall be excluded for purposes of
computing the district required local effort.
Mr. Ogden moved the adoption of the amendment, which was
adopted. The vote was:

Yeas-67
The Chair
Andrews
Baumgartner
Becker
Birchfield
Blackburn
Brown
Cherry
Clark, Dick
Clark, J. R.
Cohen
Conway
Crabtree
Craig
Cunningham
Danahy
Dixon

Nays-37
Avon
Bass
Clem
Crane
Crenshaw

Dubbin
Dyer
Fontana
Forbes
Fortune
Foster
Fulford
Grosse
Haben
Hair
Harllee
Harris
Hartnett
Hodes
Hodges
Hutto
Jones

Culbreath
Earle
Easley
Fechtel
Gibson

Kershaw
Kutun
Libertore
MacKay
Malloy
Martinez
McPherson
Melvin
Miller
Mixson
Mooney
Nelson
Ogden
Papy
Peaden
Redman
Rish

Gorman
Grizzle
Hagan
Hazelton
James

Robinson, G. C.
Ryals
Shreve
Singleton, M. L.
Smith
Steinberg
Thomas, P.
Tittle
Tobiassen
Tolton
Tubbs
Tucker
Turlington
Webb
Williams
Young

Johnson
Kiser
Langley
Lewis
Matthews

McDonald, D.
McDonald, L.
Nergard
Nuckolls
Poole

Poorbaugh
Price
Randell
Reynolds
Richmond

Robinson, J. W. Williamson
Rude Wilson
Sackett
Thomas, J. C.
Tillman

Representatives Holloway and Spicola were recorded as voting
Yea.
Representative Fortune offered the following amendment:
Amendment 2-On page 3, line 1, strike "100%" and insert:
95%
Mr. Fortune moved the adoption of the amendment, which
was adopted.
On motion by Mr. Fortune, the rules were waived and HB
26-B, as amended, was read the third time by title. On passage,
the vote was:
Yeas-100

The Chair
Andrews
Avon
Bass
Baumgartner
Becker
Birchfield
Blackburn
Boyd
Brown
Cherry
Clark, David
Clark, Dick
Clark, J. R.
Clem
Cohen
Conway
Crabtree
Craig
Culbreath
Cunningham
Danahy
Dixon
Dubbin
Dyer

Nays-7
Crenshaw
Johnson

Earle
Easley
Fechtel
Fontana
Forbes
Fortune
Foster
Fulford
Gautier
Gibson
Gordon
Grizzle
Grosse
Haben
Hagan
Hair
Harllee
Harris
Hartnett
Hazelton
Hector
Hodes
Hodges
Holloway
Hutto

James
Jones
Kershaw
Kutun
Langley
Lewis
Libertore
MacKay
Malloy
Martinez
Mattox
McDonald, D.
McDonald, L.
McPherson
Melvin
Miller
Mixson
Mooney
Nelson
Nergard
Ogden
Papy
Peaden
Poole
Redman

Kiser Nuckolls
Matthews Poorbaugh

Reynolds
Richmond
Rish
Robinson, G. C.
Robinson, J. W.
Ryals
Sackett
Shreve
Singleton, M. L.
Smith
Spicola
Steinberg
Thomas, J. C.
Thomas, P.
Tillman
Tittle
Tobiassen
Tolton
Tubbs
Tucker
Turlington
Webb
Williams
Williamson
Wilson

Price

Representative Young was recorded as voting Yea.

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

SB 8-B--A bill to be entitled An act relating to legal time;
providing an exemption for a portion of the State of Florida
from the Emergency Daylight Saving Time Energy Conserva-
tion Act of 1973; providing an effective date.
-was taken up and read the second time by title.
Representatives Tucker, Webb, Blackburn, and P. Thomas of-
fered the following amendment:
Amendment 1-On page 1, lines 19 and 21, strike "the last
Sunday in October 1974" and insert: Sunday, February 3, 1974
Mr. Webb moved the adoption of the amendment. Pending
consideration thereof-
Mr. Dick Clark moved the previous question on the amend-
ment, which was agreed to.
The question recurred on the adoption of Amendment 1, which
failed of adoption.
Mr. Kiser raised a point of order that the House did not vote
to waive the rules to read the bill a second time. The Speaker
ruled the point well taken.
Mr. Dick Clark moved that the rules be waived and SB 8-B
be read a second time by title. The vote was:

January 30, 1974

13

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-57
The Chair
Andrews
Baumgartner
Becker
Blackburn
Boyd
Brown
Cherry
Clark, Dick
Clark, J. R.
Conway
Craig
Cunningham
Danahy
Dixon
Nays-57
Avon
Bass
Birchfield
Carlucci
Clark, David
Clem
Cohen
Crabtree
Crane
Crenshaw
Culbreath
Earle
Easley
Fechtel
Fontana

Dubbin
Dyer
Forbes
Foster
Fulford
Gordon
Hair
Hodes
Hodges
Holloway
Hutto
Jones
Kershaw
Kutun
Libertore

Gautier
Gibson
Gorman
Grizzle
Grosse
Haben
Hagan
Harllee
Harris
Hartnett
Hazelton
Hector
James
Johnson
Kiser

MacKay
Martinez
Mattox
McDonald, L.
McPherson
Melvin
Miller
Mixson
Nelson
Ogden
Redman
Rish
Robinson, G. C.
Ryals
Sackett

Langley
Lewis
Malloy
Matthews
McDonald, D.
Mooney
Nergard
Nuckolls
Papy
Peaden
Poole
Poorbaugh
Price
Randell
Reynolds

Shreve
Singleton, M. L.
Smith
Spicola
Steinberg
Thomas, P.
Tolton
Tucker
Turlington
Webb
Williams
Young

Richmond
Robinson, A. S.
Robinson, J. W.
Rude
Thomas, J. C.
Tillman
Tittle
Tobiassen
Tubbs
Whitson
Williamson
Wilson

The motion was not agreed to by two-thirds vote.

Engrossing Report
Your Engrossing Clerk reports amendments to-HB 26-B
-have been incorporated and the bill herewith returned.
Allen Morris, Clerk
-and the bill was ordered immediately certified to the Senate.

Adjournment

On motion by Mr. Dubbin, the House of Representatives ad-
journed this Special Session at 3:28 p.m. sine die.

Opinion of the Select Committee on Standards &
Conduct

OPINION NO. 27
The Committee has responded to an inquiry from a Member
with the following:
Dear Representative:
You asked for an opinion from the Select Committee on Stand-
ards and Conduct as follows:
I would like to have an opinion from your committee
whether or not a member of the legislature may be in prac-
tice with or associated with an attorney who is a lobbyist.
It was the unanimous decision of this Committee that such
an arrangement is in conflict with the best interests of the
Legislature and the constituents you serve. In no way does this
reflect on the integrity of those engaged in lobbying. We accept
lobbying as an entirely legitimate activity in the democratic
process and do not intend to reflect on any member of this
profession as long as a person is in compliance with applicable
law.

The Committee further suggests that you and your intended
associate refer to the canons of the Florida Bar, vis-a-vis, Opin-
ion 67.5 and others.

In conclusion, the Committee would caution members of the
Florida House of Representatives to avoid situations that would
appear to be a conflict of interest even though no conflict does
exist.

Leon N. McDonald, Sr., Chairman November 8, 1973
Select Committee on Standards & Conduct

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 14, inclusive, are and constitute a complete, true and
correct journal and record of the proceedings of the House of
Representatives of the State of Florida at a Special Session of
the Third Legislature under the Constitution as Revised in
1968, held from January 29, 1974 through January 30, 1974.

Clerk
Tallahassee, Florida
January 30, 1974

14

January 30, 1974

INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session

of the

Third Legislature

[under the Constitution as Revised in 1968]

January 29 through January 30, 1974

CONTENTS

Pages

Miscellaneous Subjects 16

Vetoed Bills16

Subject Index of House and Senate Bills, Resolutions, and Memorials17

House Bills, Resolutions, and Memorials by Number, Subject, Introducer, and Disposition18

Senate Bills, Resolutions, and Memorials (received in House) by Number, Subject, and Introducer18

15

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Miscellaneous Subjects

Subject Pages
Committees
Select
Standards & Conduct, Opinion -- ------ ---.-.- 14
Governor
Proclamations ....------- --- -----------------------1
Veto Messages ------ ------------------2, 4, 5, 6, 10-11
Members
McDonald, Dennis, Election of ------...------------ 2
Savage, John J., Death of -------2
Tubbs, F. Eugene, Election as Minority Leader pro tempore 2

Subject Pages
Presentation of Guests
Conner, Doyle E., Commissioner of Agriculture and former
Speaker of the House ----......------------2-----.-2
Nease, J. Wertz, former Member of the House 2
Reed, Donald H., Jr., former Minority Leader and Member
of the House ------ --.-----------------.--. -----.2
Rules of the House
Points of Order ---.--....---.... -_....... ... 9, 12, 13

Vetoed Bills

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

Bill No.SubjectIntroduced byPagesDisposition

1973 Regular Session Vetoed House Bills

CS/HB 432 Shands teaching hospital Tubbs 2, 4-5Sustained
CS/HB 754 Alcoholic beverages Johnson 2,4
CS/CS/HB 1166 Milk products -.. Martinez and others 2, 4, 6-7Sustained
CS/CS/HB 1368 Coastal mapping Fulford 2, 4
CS/HB 1558 Health facilities McPherson 2,4
HB 2105 Dept. of Natural Resources Committee on Natural Resources 2, 4
CS/HB 2145 Administrative procedures Committee on Governmental Operations 2, 4, 5-6Sustained

1973 Regular Session Vetoed Senate Bills

SB 628 Capitol securityFirestone 11
SB 1343 Appropriations Committee on Ways & Means 10, 11-12Sustained

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Subject Index of House and Senate

Bills, Resolutions, and Memorials

This index embraces all measures introduced in both the House and Senate. The house of origin is identi-
fied by the letter preceding each bill: H-House, S-Senate. Senate bills shown in this index include those never
received by the House, and their inclusion here is only for the convenience of the user interested in all the legis-
lation introduced in the Legislature on a particular subject.

-A-
ADMINISTRATION, DEPARTMENT OF
Santa Rosa School District; loan, H28B
ADVERTISEMENTS & ADVERTISING
Tourism, emergency appropriation, H25B
APPROPRIATIONS
Automobile racing, hydrogen operated cars; prize money,
H16B
Santa Rosa School District, H28B
Tourism Division, emergency, H25B
AUTOMOBILE RACING
Hydrogen powered cars; regulations, prize money, H16B
-B-
BONDS
Waste disposal plants; purchase, funding, H2B-SF
--C--
CLEAN AIR ACT
Motor vehicle emission control devices, H17B
COASTAL WATERS
Offshore oil exploration & drilling, H5B
COMMERCIAL LIGHTING See: ELECTRIC POWER
CONCURRENT RESOLUTIONS
Special Session extended, S3B
-.D--
DAYLIGHT SAVING TIME
Eastern time zone; exemptions, H19B, S8B
Emergency Daylight Saving Time
Exemptions, H27B, S1B
Repeal, H24B, S7B
School day, H21B, H22B, S5B, S6B
Students; busing before sunrise prohibited, S2B
-E-
EDUCATION
School day, H21B, H22B, S5B, S6B
ELECTRIC POWER
Commercial lighting; prohibitions; penalties, H15B
Waste disposal plants, H2B-SF
EMERGENCY DAYLIGHT SAVING TIME See: DAYLIGHT
SAVING TIME
EMERGENCY RATIONING SYSTEM
Petroleum products; distribution, H1B
-G--
GASOLINE & OIL
Diverted to other areas; refurnished to original state, H20B
Emergency Rationing System; established, H1B
Offshore oil drilling & exploration, Florida, H5B
Oil depletion allowance & tax exemptions; certain companies;
discontinued, H29B
Oil production, consumption, storage; state audit system,
H3B-SF
--I--
INDUSTRIAL PARKS
State purchase of; production of petroleum & other energy
sources, H6B-SF

-K-
KENNEDY SPACE CENTER
Power source for vehicle propulsion, H4B
-L-
LEGISLATURE
Special session extended, S3B
-M-
MASS TRANSIT FACILITIES
Development of, Jacksonville to Miami, H18B
MEMORIALS TO CONGRESS
Emergency Daylight Saving Time Energy Act, repeal, H24B,
S7B
Energy crisis; vehicle propulsion project, H4B
Gasoline & fuel oils, diverted to other areas, H20B
Motor vehicles; emission control devices, H17B
Offshore oil drilling & exploration, H5B
Oil depletion allowance & tax exemptions; certain companies,
H29B
MOTOR FUEL
Diverted to other areas, H20B
Emergency rationing system established, H1B
Oil depletion allowance & tax exemption; certain companies,
H29B
Oil production, consumption, storage; state audit system,
H3B-SF
MOTOR VEHICLES
Automobile racing, hydrogen powered cars, H16B
Emission control devices, H17B
-S-
SALES TAX
Solar powered appliances & water heaters; exemptions, H23B
SANTA ROSA SCHOOL DISTRICT
Working capital fund loan, H28B
SCHOOLS
Busing before sunrise prohibited, S2B
Education finance program; tax roll litigation, recomputation,
adjustment, H26B
School day; opening & closing hours, H21B, H22B, S5B, S6B
SOLAR ENERGY
Appliances & water heaters; powered by, H23B
-T-
TAXATION
School districts; tax roll litigation, recomputation, adjustment,
H26B
TOURISM, DIVISION OF
Advertising & promotion; emergency appropriation, H25B
-U-

UNEMPLOYMENT COMPENSATION
Weekly benefit, maximum; computation formula, S4B
-W-
WASTE DISPOSAL PLANTS
Purchased; electric power production; funding, H2B-SF

INDEX

17

18 JOURNAL OF THE HOUSE OF REPRESENTATIVES INDEX

House Bills, Resolutions, and Memorials

by Number, Subject, Introducer,

and Disposition

To obtain the number of a bill, see the subject matter index preceding this index.
Page numbers in Boldface Print indicate location of roll call votes on passage.

Abbreviations:
DCH-Died on house calendar
DHC-Died in house committee (no action by committee)
ECH-Enacting clause stricken in House
DHM-Died in House Message
FVI-H-Failed vote for introduction in House
HB-House Bill
HCR-House Concurrent Resolution
HM-House Memorial
ID-H-Introduction deferred in House
WH--Withdrawn from House

No. SUBJECT OF BILL INTRODUCED BY PAGES DISPOSITION

HR
1-B Org. House rules in special session ................. Dubbin--2 -_. --...... ----... .-------------...------ Adopted
HB
1-B Emergency gasoline rationing system _.....-- Tubbs-2, 4 -- ---------ID-H
2-B-SF Electricity -----------..---.- ---..-..-.---------Tubbs-3, 4 -----. --------.- ---.--.. ----------- ID-H
3-B-SF State audit system ----..-..--..------.----.----------- Tubbs-3, 4 .----....----.....----.--- ---.....-. ID-H
HM
4-B New type of power source for vehicle pro-
pulsion ------ ------------.-----.. Tubbs-3, 4 --------_-........-----.-.------------.---- ID-H
5-B Off-shore drilling -----------.---------- Tubbs-3, 4 I-----------------....------------------ID-H
HB
6-B-SF Production of petroleum and other energy
sources -- ---------....-------.------. Tubbs-3, 4 ---------------..---....-1---------.. ---.--- ID-H
7-B Withdrawn
8-B-SF Withdrawn
9-B-SF Withdrawn
10-B Withdrawn
11-B-SF Withdrawn
HCR
12-B Withdrawn
HM
13-B Withdrawn
HB
14-B Withdrawn
15-B Commercial lighting ---- ------------------- Dyer-3, 4 ------------------ID-H
16-B Automobile racing ------------------Tubbs-3, 4 _-_-__- ----.------Tubbs-3,---- ID-H
HM
17-B Automobile emission control devices -.--.-----. Tubbs-3, 4 -------------- ------ ---- .._-- ID-H
HB
18-B Energy conservation ---------. ---.-------.Conway-3, 4 -------- --- ---- ID-H
19-B Legal time --..-..-.. ------,-.--.-.-...----- Martinez-3 -------------- -- -----------------....... DHC
HM
20-B Gasoline and fuel oils ------.- ---- J.. W. Robinson--3, 4 --- .-------... ------_ ID-H
HB
21-B Education ....--------..---..-. --- ---...... Whitson and Reynolds-3 -----.-------------------......... DHC
22-B Education --------- ---- --------es....s.........-...---..-.... Sessums-4 __ DCH
23-B Sales and use tax -----------...--..---.. ---.. -.. Young and others-7, 8 ID-H
HM
24-B Daylight Saving Time ---..---- -----.... ..... Mixson--:, 8-9 ---.--.-------- --------- ..--.........- FVI-H
HB
25-B Tourism ---.-...-. ---------------.. ------....-... Melvin and others--7, 8 ------ ID-H
26-B Education ------------------------. .- .----. .....Fortune and G. C. Robinson-10, 13, 14 .....___ ..._.. DHM
27-B Legal time ------ ---------------------------- Committee on Rules & Calendar-8, 9 -.._ ... ECH
28-B Santa Rosa School District ------------.. ............ Fortune and G. C. Robinson-10, 12 _-..--,.--_........------- ID-H
HM
29-B Motor fuel or heating oil -------- Young and others-10, 12 -- ---------------------- ID-H

Senate Bills, Resolutions, and Memorials

(Received in House) by Number, Subject,

and Introducer

No. SUBJECT OF BILL INTRODUCED BY PAGES

8-B Legal time .....------------------------............. Ware and Barron--12, 13-14

	Title Page
	Members of the House of Repres...
	January 1974
	Index

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