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 November 1974
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 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: State Printer
Place of Publication: Tallahassee Fla
Creation Date: November 1974
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Politics and government -- Periodicals -- Florida   ( lcsh )
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oclc - 12901236
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System ID: UF00027772:00063
 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
    Members of the House of Representatives
        Page ii
        Page iii
        Page iv
    November 1974
        Tuesday, November 19
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
    Index
        Miscellaneous Subjects
            Page 7
        House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition
            Page 8
        Vetoed Bills
            Page 8
Full Text


Journa



I



of the

House of Representatives



SPECIAL SESSION
of the
FOURTH LEGISLATURE
[under the Constitution as Revised in 1968]

NOVEMBER 19, 1974



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









MEMBERS OF THE HOUSE OF REPRESENTATIVES

Organization and Special Sessions 1974
[Democrats in roman (86); Republicans in italic (34)]



District
Part of ESCAMBIA
1 Grover C. Robinson, Pensacola
2 R. W. "Smokey" Peaden, Pensacola
3 Clyde H. Hagler, 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 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
17 John R. Forbes, Jacksonville



District
18 John W. Lewis, Jacksonville
19 Eric 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



26
27



ALACHUA, parts of MARION,
PUTNAM, UNION
Sidney Martin, Hawthorne
William C. Andrews, Gainesville



Parts of FLAGLER, PUTNAM, ST. JOHNS
28 A. H. "Gus" 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, 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 Dick J. Batchelor, Orlando



Parts of BREVARD, ORANGE, SEMINOLE
David L. Barrett, Indialantic
Clark Maxwell, Jr., Melbourne
Jane W. Robinson, Merritt Island
C. William Nelson, Melbourne



INDIAN RIVER, parts of BREVARD,
OKEECHOBEE, OSCEOLA, ST. LUCIE
48 Chester Clem, Vero Beach



Parts of HIGHLANDS, OSCEOLA, POLK
Ray Mattox, Winter Haven
John R. Clark, Lakeland
Wendell H. Watson, Lakeland
C. Fred Jones, Auburndale

Part of PINELLAS
Mary R. Grizzle, Clearwater
S. Curtis Kiser, Palm Harbor
Tom R. Moore, Clearwater
Betty Easley, Clearwater
Dennis McDonald, St. Petersburg
George F. Hieber II, St. Petersburg
Richard Price, St. Petersburg
Roger H. Wilson, Seminole
Laurent W. Belanger, 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
H. Lee Moffitt, Tampa
Ray C. Knopke, Tampa
Richard S. Hodes, Tampa
George H. Sheldon, Tampa
Helen Gordon Davis, Tampa



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

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

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

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



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
Gene Campbell, West Palm Beach
William G. James, Delray Beach
Edward J. Healey, West Palm Beach
John J. Considine, Mangonia Park
Thomas F. Lewis, North Palm 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



49
50
51
52



53
54
55
56
57
58
59
60
61


62
63
64
65


66
67
68
69
70



92
93
94
95



Parts of BROWARD, DADE
Tom McPherson, Ft. Lauderdale
Harold Joseph Dyer, Hollywood
John (Jack) Miller, Hollywood
Walter C. Young, Pembroke Pines



44
45
46
47



COLLIER, GLADES, parts of
HENDRY, HIGHLANDS, LEE
89 Mary Ellen Hawkins, Naples
Parts of CHARLOTTE, HENDRY, LEE
90 Franklin B. Mann, Ft. Myers
91 H. Paul Nuckolls. Ft. Myers









District
96 Charles "Charlie" W. Boyd, Hollywood
97 David J. Lehman, Hollywood
Part of DADE
98 Elaine Gordon, Miami Beach
99 Barry Kutun, Miami Beach
100 Elaine Bloom, North Miami Beach
101 Paul B. Steinberg, Miami Beach
102 Gwen Margolis, North Miami
103 Alan S. Becker, North Miami
104 William H. Lockward, Miami Lakes
105 Joe Lang Kershaw, Miami
106 Gwen Sawyer Cherry, Miami
107 A. M. "Tony" Fontana, Miami Lakes
108 John A. Hill, Miami Lakes



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

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



OFFICERS OF THE HOUSE OF REPRESENTATIVES

Organization and Special Sessions 1974



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



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










THE JOURNAL OF THE FLORIDA



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r3 P"'Lakll xr
;i' r"
'I
it
bn T



Tuesday, November 19, 1974

Beginning of a Special Session of the Fourth 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, November
19, 1974.



The House of Representatives was called to order at 5:00 p.m.
by the Honorable Donald L. Tucker, Speaker, pursuant to the
following proclamation of the Governor, which was 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 First District Court of Appeal has recently
ruled in the companion cases of State ex rel. Christian v.
Austin and State ex rel. Christian v. Rudd, that the Grand
Jury proceedings therein were not in accordance with State
law, and
WHEREAS, the Court's decision would prohibit the future
assignment by the Governor of a State Attorney to investigate
and prosecute a specific matter in another circuit without the
disqualification of the resident State Attorney, and
WHEREAS, the Court's decision would prohibit the utiliza-
tion by the Assigned State Attorney of his own Assistant State
Attorneys in the performance of his duties within the assigned
circuit, and
WHEREAS, the Court's decision also declared that it is con-
trary to law for Assistant State Attorneys to appear in the
Grand Jury room with the State Attorney, and
WHEREAS, the effectiveness of prosecution and investiga-
tion of alleged illegal acts in this State through the assignment
of State Attorneys and their Assistants would be seriously im-
paired by the Court's construction of Sections 27.14, 905.17 and
905.19, Florida Statutes, it is clear that the best interest of
the people of the State of Florida would be promoted by con-
vening the Legislature in Special Session to consider the en-
actment of legislation that will correct the deficiencies in the
law found by the Court, and
WHEREAS, the Inter-American Center Authority failed to
receive any bids on its bond issue on September 1974, and
WHEREAS, the Inter-American Center Authority has in ex-
cess of six million dollars in debts coming due prior to January
1, 1975, including five million dollars of bond anticipation notes,
and
WHEREAS, to continue the use of the lands for public pur-
poses, it is clear that the best interest of the people of the
State of Florida would be promoted by convening the Legisla-
ture in Special Session to consider the present situation sur-
rounding Interama.
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 Corstitution, 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, on November
19, 1974, for a period of one day.
1



2. That the Legislature is convened for the sole purpose of
considering legislation that will:
(a) clarify the law construed by the Florida First District
Court of Appeal in the companion cases of State ex rel. Chris-
tian v. Austin and State ex rel. Christian v. Rudd, decided
November 5, 1974, concerning the assignment by the Governor
of State Attorneys to another circuit and those persons author-
ized to attend Grand Jury sessions, and
(b) abolish the Inter-American Center Authority created
in Chapter 554, Florida Statutes; provide for the transfer of
the title to its lands to the State of Florida Board of Trustees
of the Internal Improvement Trust Fund; provide for successor
agencies and the disposition and settlement of its debts.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at the Capitol, Tallahassee,
Florida, this 15th day of November,
1974.
REUBIN O'D. ASKEW
Governor
ATTEST:
DOROTHY W. GLISSON
Secretary of State

The following Members were recorded present:



The Chair
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
Eckhart



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



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



Nergard
Nuckolls
Ogden
Pajcic
Papy
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



A quorum was present.



House of Representatives


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










November 19, 1974



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Announcement
The Speaker announced the appointment of the following
Standing Committee:

RULES & CALENDAR
A. H. "Gus" Craig, Chairman; R. Ed Blackburn, Jr., Vice
Chairman; Charles W. Boyd, Hyatt Brown, Dick Clark, Chester
Clem, John R. Culbreath, John R. Forbes, Edmond M. Fortune,
Bill Fulford, Mary R. Grizzle, Ralph H. Haben, Robert C.
Hector, Richard S. Hodes, William G. James, C. Fred Jones,
Joe Lang Kershaw, Barry Kutun, Ray Mattox, Tom McPherson,
Jerry G. Melvin, Wayne Mixson, Carl Ogden, Van B. Poole,
William J. Rish, and John L. Ryals.

Communications
Representative William G. James, Minority Leader, advised
the Clerk of the following results of elections held during a
caucus of the Republican Members of the House of Representa-
tives on Monday, November 18, 1974 for party leadership posi-
tions for the next two years:
Minority Leader-Representative William G. James
Minority Leader pro tempore-Representative Mary R. Grizzle
Minority Whip-Representative Van B. Poole
Minority Caucus Chairman-Representative Chester Clem



Honorable Donald L. Tucker
Speaker, House of Representatives



November 19, 1974



Dear Mr. Speaker:
In compliance with the provisions of Article III, Section
8(b), of the State Constitution, I am transmitting to you for
consideration of the House the following vetoed bills, 1974
Regular Session, with the Governor's objections attached there-
to:



HB 1078
HB 1955
HB 2745
HB 2909
HB 2939
CSHB 3169
HB 3608
HB 3900
HB 3930
HB 4131



Relating to the Farm Labor Registration Law
Relating to the mailing of motor vehicle license
plates
Relating to the issuance of bonds by the Pasco
County Expressway Authority
Relating to Pasco County alcoholic beverage li-
censes
Relating to alcoholic beverage licenses
Relating to alcoholic beverage licenses in con-
nection with food sales
Relating to excise tax on documents
Relating to funds for the Polk County Legal
Aid Society, Inc.
Relating to club beverage licenses in Lee County
Relating to the Jacksonville Electric Authority



Cordially,
DOROTHY W. GLISSON
Secretary of State

The above vetoed bills, together with the Governor's objec-
tions thereto, were referred to the Committee on Rules &
Calendar.

Presentation
The Speaker presented the Honorable Ted Alvarez, former
Member of the House from the 19th District (Duval County).

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


Introduction and Reference
By Representative Craig--
HR 1-A Org.-A resolution providing for the Rules 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 House of Representatives heretofore
adopted shall govern the House in Special Session insofar as
these are applicable, with the following specific exceptions:
(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 & Tax-
ation 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
majority 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. Craig,
the rules were waived and the resolution was read the second
time by title and adopted.

By Representative Ogden-
HB 1-A-A bill to be entitled An act relating to the Municipal
Financial Assistance Trust Fund; amending subsection (1) of
s. 200.132, Florida Statutes, to provide qualifications for muni-
cipalities to receive grants of cigarette tax; 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 Ogden-
HB 2-A-A bill to be entitled An act relating to revenue
sharing with units of local government; amending paragraph
(c) of subsection (1) of s. 218.23, Florida Statutes, as amended
by Chapter 74-194, Laws of Florida; 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 Representatives Hector, Dick Clark, Kutun, Margolis,
Gordon, Bloom, Cherry, Fontana, Hill, Gersten, Richard, Stein-
berg, Flynn, McKnight, Harrington, Kershaw, Lockward, Gal-
lagher, Sackett, Becker, Eckhart, and Papy-
HB 3-A-A bill to be entitled An act relating to the Inter-
American Center Authority; repealing Chapter 554, Florida
Statutes; providing for the transfer of certain real and per-
sonal property to the State of Florida Board of Trustees of the
Internal Improvement Trust Fund; providing for the removal
of the conditions upon the appropriation of funds contained in
item 12 B of Section 2, Chapter 74-300, Laws of Florida, and
reappropriating such funds for specific purposes; providing
certain exemptions from building and zoning regulations; pro-
viding for transfer of certain contract to Board of Regents;
providing for the transfer of certain real and personal property
to Dade County subject to certain conditions; providing au-
thorization for the issuance of revenue bonds; providing for the
return of the real and personal property by Dade County to the
State of Florida Board of Trustees of the Internal Improve-
ment Trust Fund subject to certain conditions; providing for the
waiver of certain liabilities; providing a declaration of public
purpose; providing power to establish and maintain proper and
adequate zoning and building requirements and restrictions;
providing powers supplementary to Dade County Home Rule
Charter powers; providing for liberal construction; providing
authority to the State Board of Trustees to value lands; pro-
viding for restrictions on use of lands; providing an effective
date.
--was read the first time by title and referred to the Com-
mittee on Rules & Calendar.

Recess



On motion by Mr. Craig, the House recessed at 5:20 p.m. to
reconvene upon call of the Speaker.



2










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Reconvened
The House was called to order by the Speaker at 6:06 p.m.
A quorum was present.


Report of Standing Committee
The Committee on Rules & Calendar recommends the follow-
ing pass: HB 3-A
The bill was placed on the calendar.


Report of the Committee on Rules & Calendar
The following report was read:
The Honorable Donald L. Tucker November 19, 1974
Speaker, House of Representatives
Sir:

Your Committee on Rules & Calendar recommends for intro-
duction the following bills:
HB 1-A HB 2-A
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
A. H. "Gus" Craig, Chairman
Committee on Rules & Calendar
On motion by Mr. Craig, the report was adopted.

On motion by Mr. Craig, HB 1-A and HB 2-A were admitted
for introduction by the required Constitutional two-thirds vote.
The vote was:

Yeas-116



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



Johnson
Jones
Kershaw
Kiser
Knopke
Kutun
Langley
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
Papy
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



Introduction and Reference

By Representative Ogden-
HB 1-A-A bill to be entitled An act relating to the Munic-
ipal Financial Assistance Trust Fund; amending subsection
(1) of s. 200.132, Florida Statutes, to provide qualifications for
municipalities to receive grants of cigarette tax; providing an
effective date.



-was read the first time by title and taken up by waiver of
the rules.

On motions by Mr. Ogden, the rules were waived and HB 1-A
was read the second time by title and the third time by title.
On passage, the vote was:



Yeas-118
The Chair
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
Eckhart



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



Johnson
Jones
Kershaw
Kiser
Knopke
Kutun
Langley
Lehman
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin
Matthews
Mattox
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Miller
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



Nays-1
Papy



So the bill
Senate.



passed and was immediately certified to the



By Representative Ogden-
HB 2-A-A bill to be entitled An act relating to revenue
sharing with units of local government; amending paragraph
(c) of subsection (1) of s. 218.23, Florida Statutes, as amended
by Chapter 74-194, Laws of Florida; providing an effective
date.
-was read the first time by title and taken up by waiver of
the rules.

On motions by Mr. Ogden, the rules were waived and HB 2-A
was read the second time by title and the third time by title.
On passage, the vote was:

Yeas-119



The Chair
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
Eckhart
Fechtel
Flynn
Fontana
Forbes
Fortune
Foster



Freeman
Fulford
Gallagher
Gersten
Gibson
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Hagler
Harrington
Hattaway
Hawkins
Hazelton
Hazouri
Healey



Hector
Hieber
Hill
Hodges
Hutto
James
Johnson
Jones
Kershaw
Kiser
Knopke
Kutun
Langley
Lehman
Lewis, J. W.
Lewis, T.
Lockward
Mann



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
Eckhart
Nays-None



November 19, 1974










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Margolis
Martin
Matthews
Mattox
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Miller
Mixson
Nays-None

So the bill
Senate.



Moffitt
Moore
Morgan
Neal
Nelson
Nergard
Nuckolls
Ogden
Pajcic
Papy
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



passed and was immediately certified to the



Presentation
The Speaker presented the Honorable A. S. Robinson, former
Member of the House from the 58th District (Pinellas County)
and the Honorable Jim K. Tillman, former Minority Leader
and Member of the House from the 75th District (DeSoto, parts
of Charlotte, Highlands, Sarasota Counties).

By Representative Melvin-
HB 4-A-A bill to be entitled An act relating to retirement;
amending Section 13 of Chapter 74-302, Laws of Florida, per-
taining to the employee non-contributory provisions of the
Florida Retirement System, to provide that such provisions
for special risk members employed by state agencies, the state
community college districts and the school districts shall take
effect October 1, 1975; providing an effective date.
-was placed temporarily in the Committee on Rules & Cal-
endar for recommendation, the Speaker having ruled the mea-
sure was outside the purview of the Call.

Recess
On motion by Mr. Craig, the House recessed at 6:37 p.m. to
reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 10:07 p.m.
A quorum was present.

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

Messages from the Senate

The Honorable Donald L. Tucker
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required constitutional two-thirds vote and passed as amended-

By the Committee on Judiciary-Criminal-
CS for SB 3-A-A bill to be entitled An act relating to state
attorneys; amending s. 27.14, Florida Statutes; authorizing the
governor to assign any state attorney to discharge specified
duties of state attorney in any circuit of the state; providing
for the use of assistant state attorneys and state attorney in-
vestigators assigned to other circuits; amending ss. 905.17(1)
and 905.19, Florida Statutes; authorizing a state attorney to
designate assistant state attorneys to accompany and assist
him at sessions of the grand jury or to attend such sessions
and perform duties, amending s. 905.36, Florida Statutes; au-
thorizing the state attorney or assistant state attorneys to per-
form specified duties at sessions of the statewide grand jury;
providing an effective date.
--and requests the concurrence of the House therein.
Respectfully,
Joe Brown, Secretary



On motion by Mr. Craig, agreed to by the required constitu-
tional two-thirds vote, CS for SB 3-A was admitted for intro-
duction, the Speaker having ruled that the measure was outside
the purview of the Call.

The bill was read the first time by title and referred to the
Committee on Rules & Calendar.

The Honorable Donald L. Tucker
Speaker, House of Representatives
Sir:
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required constitutional two-thirds vote and passed HB 1-A and
HB 2-A.
Respectfully,
Joe Brown, Secretary
The bills were ordered enrolled.

Recess
On motion by Mr. Craig, the House stood in informal recess
at 10:11 p.m., to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 10:20 p.m.
A quorum was present.


Report of Standing Committee
The Committee on Rules & Calendar recommends the follow-
ing pass: CS for SB 3-A
The bill was placed on the calendar.

Consideration of CS for SB 3-A
CS for SB 3-A-A bill to be entitled An act relating to state
attorneys; amending s. 27.14, Florida Statutes; authorizing the
governor to assign any state attorney to discharge specified
duties of state attorney in any circuit of the state; providing
for the use of assistant state attorneys and state attorney in-
vestigators assigned to other circuits; amending ss. 905.17(1)
and 905.19, Florida Statutes; authorizing a state attorney to
designate assistant state attorneys to accompany and assist
him at sessions of the grand jury or to attend such sessions
and perform duties, amending s. 905.36, Florida Statutes; au-
thorizing the state attorney or assistant state attorneys to per-
form specified duties at sessions of the statewide grand jury;
providing an effective date.
-was taken up. On motion by Mr. Haben, the rules were
waived and CS for SB 3-A was read the second time by title.

Representatives Becker and Kiser offered the following
amendment:
Amendment 1-On page 4, line 21, strike the period and in-
sert: and shall apply to all cases presently pending before a
grand jury or in any stage of litigation.
Mr. Becker moved the adoption of the amendment.

Representative Culbreath offered the following substitute
amendment:
Substitute Amendment 1-On page 3, line 20, after the period
insert: (4) Whenever it has been determined by the state attor-
ney that, through the nature of the investigation, it is probable
that one or more individuals may be charged with a criminal
offense then any such individual or individuals shall be notified
and shall have the right to be present, along with legal counsel
in any and all proceedings of the grand jury concerning such
an individual or individuals.



Mr. Culbreath moved the adoption of the substitute amend-
ment. Without objection, the substitute amendment was with-
drawn.



4



November 19, 1974











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Fulford moved that Amendment 1 be laid on the table.
Without objection, the motion to lay was withdrawn.



The question recurred on the adoption
which was adopted. The vote was:



Yeas-61
Avon
Barrett
Becker
Belanger
Bloom
Burrall
Cherry
Considine
Conway
Coolman
Crenshaw
Davis
Dyer
Easley
Fechtel
Flynn

Nays-58
The Chair
Andrews
Batchelor
Bell
Blackburn
Boyd
Brown
Campbell
Clark, Dick
Clark, J. R.
Clem
Crabtree
Craig
Culbreath
Dixon



of Amendment 1,



Papy
Peaden
Poole
Poorbaugh
Price
Redman
Robinson, G. C.
Robinson, J. W.
Rude
Skinner
Williams
Wilson
Young



Kiser
Kutun
Lehman
Lockward
Margolis
Matthews
Maxwell
McDonald
McKnight
McPherson
Melvin
Miller
Moore
Neal
Nelson
Nergard



Jones
Knopke
Langley
Lewis, J. W.
Lewis, T.
Mann
Martin
Mattox
McCall
Mixson
Moffitt
Morgan
Nuckolls
Ogden
Pajcic



Representative Easley offered the following amendment:
Amendment 2-On page 4, line 14, after the word "jury"
insert: ; provided, however, that only the state attorney or a
designated assistant shall question any one witness
Mrs. Easley moved the adoption of the amendment, which
failed of adoption.

Mr. Fontana moved that the House reconsider the vote by
which Amendment 1 was adopted.

Mr. Becker moved that the motion to reconsider be laid on
the table, which was not agreed to. The vote was:



Foster
Fulford
Grizzle
Grosse
Haben
Hagler
Harrington
Hattaway
Hawkins
Hazeliton
Hazouri
Healey
Hector



Hill
Hodges
Hutto
Johnson
Jones
Kershaw
Knopke
Langley
Lewis, J. W.
Lewis, T.
Mann
Margolis
Mattox



McCall
McKnight
McPherson
Miller
Mixson
Moffitt
Morgan
Neal
Ogden
Pajcic
Richard
Richmond
Rish



Ryals
Sheldon
Singleton
Skinner
Smith
Steinberg
Thompson
Tolton
Watson
Williams
Williamson



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

Mr. Andrews moved the previous question on the amendment
and the bill, which was agreed to.



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



Fontana
Fortune
Foster
Freeman
Gallagher
Gersten
Gibson
Gordon
Gorman
Grizzle
Hagan
Hawkins
Hieber
Hutto
James
Kershaw



Eckhart
Forbes
Fulford
Grosse
Haben
Hagler
Harrington
Hattaway
Hazelton
Hazouri
Healey
Hector
Hill
Hodges
Johnson



Gallagher
Gersten
Gibson
Gordon
Gorman
Grizzle
Hagan
Hawkins
Hieber
James
Kiser
Kutun


Culbreath
Dixon
Eckhart
Flynn
Fontana
Forbes
Foster
Fulford
Grosse
Haben
Hagler
Harrington
Hattaway
Hazelton
Hazouri
Healey
Hector
Hill



Lehman
Lockward
Margolis
Matthews
Maxwell
McDonald
Melvin
Moore
Nelson
Nergard
Nuckolls
Papy


Hodges
Hutto
Johnson
Jones
Kershaw
Knopke
Langley
Lewis, J. W.
Lewis, T.
Mann
Martin
Mattox
McCall
McKnight
McPherson
Miller
Mixson
Moffitt



of Amendment 1,



Peaden
Poole
Poorbaugh
Price
Redman
Robinson, G. C.
Robinson, J. W.
Rude
Skinner
Wilson
Young



Morgan
Neal
Ogden
Pajcic
Richard
Richmond
Rish
Ryals
Sackett
Sheldon
Singleton
Smith
Steinberg
Thompson
Tolton
Watson
Williams
Williamson



Poorbaugh
Price
Redman
Robinson, G. C.
Robinson, J. W.
Rude
Sackett
Wilson
Young





Crenshaw
Culbreath
Dixon
Flynn
Fontana
Forbes



On motion by Mr. Haben,
SB 3-A was read the third i
was:



Yeas-115
The Chair
Andrews
Avon
Barrett
Batchelor
Belanger
Bell
Blackburn
Bloom
Boyd
Brown
Burrall
Campbell
Cherry
Clark, Dick
Clark, J. R.



Clem
Conway
Coolman
Crabtree
Craig
Crenshaw
Culbreath
Davis
Dixon
Dyer
Easley
Eckhart
Fechtel
Flynn
Fontana
Forbes



the rules were waived and CS for
time by title. On passage, the vote



Fortune
Foster
Freeman
Fulford
Gallagher
Gersten
Gibson
Gordon
Gorman
Grizzle
Grosse
Haben
Hagan
Hagler
Harrington
Hattaway



Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hutto
James
Johnson
Jones
Kershaw
Kiser
Knopke
Kutun



Richard
Richmond
Rish
Ryals
Sackett
Sheldon
Singleton
Smith
Steinberg
Thompson
Tolton
Watson
Williamson



Yeas-47
Barrett
Becker
Belanger
Considine
Conway
Coolman
Davis
Dyer
Easley
Fechtel
Fortune
Freeman

Nays-72
The Chair
Andrews
Avon
Batchelor
Bell
Blackburn
Bloom
Boyd
Brown
Burrall
Campbell
Cherry
Clark, Dick
Clark, J. R.
Clem
Crabtree
Craig
Crenshaw



Yeas-45
Barrett
Becker
Belanger
Conway
Coolman
Davis
Dyer
Easley
Eckhart
Fechtel
Fortune
Freeman

Nays--74
The Chair
Andrews
Avon
Batchelor
Bell
Blackburn



Gallagher
Gersten
Gibson
Gordon
Gorman
Hagan
Hieber
James
Kiser
Kutun
Lehman
Lockward



Bloom
Boyd
Brown
Burrall
Campbell
Cherry



Martin
Matthews
Maxwell
McDonald
Melvin
Moore
Nelson
Nergard
Nuckolls
Papy
Peaden
Poole



Clark, Dick
Clark, J. R.
Clem
Considine
Crabtree
Craig



5



November 19, 1974










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Langley McKnight
Lehman McPherson
Lewis, J. W. Melvin
Lewis, T. Miller
Lockward Mixson
Mann Moffitt
Margolis Moore
Martin Morgan
Matthews Neal
Mattox : : Nelson
Maxwell Nergard
McCall Nuckolls
McDonald Ogden



Nays-.4
Becker



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



Considine Williams



Wilson



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

Explanation of Vote
I would like to explain my vote in favor of CS for SB 3-A.
I voted in favor of CS for SB 3-A only to clarify and make
more evident to all parties the original intent of the legislature.
This intent has been that the Governor, to assure proper in-
vestigation of criminal activity, shall have sufficient authority



to assign or exchange state attorneys for single, or multiple
purposes; that assistant state attorneys and investigators are
to be authorized to accompany a state attorney to an assigned
circuit; and that assistant state attorneys are authorized to
accompany, or replace, state attorneys presenting evidence
before grand juries.
It is my opinion that the recent decisions in State ex rel.
Christian v. Rudd, et al, and State ex rel. Christian v. Austin,
et al are incorrect and falsely portray legislative intent as set
forth in CS for SB 3-A.
Representative James L. Redman

Adjournment
On motion by Mr. Craig, the House of Representatives ad-
journed at 11:28 p.m. sine die.



NOVEMBER 21, 1974


HB 2-A



-have been enrolled, signed by the required Constitutional
Officers and presented to the Governor on November 21, 1974.
Allen Morris, Clerk



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 6, 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 Fourth Legislature under the Constitution as Revised in
1968, held on November 19, 1974. Additionally, there has been
included a record of the transmittal of Acts subsequent to the
sine die adjournment of the Special Session.




Clerk
Tallahassee, Florida
November 21, 1974



Enrolling Report
HB 1-A



6



November 19, 1974












INDEX

to the

JOURNALS OF THE HOUSE OF REPRESENTATIVES



Organization Session

and

Special Session

of the



FOURTH LEGISLATURE

[under the Constitution as Revised in 1968]

November 19, 1974



Miscellaneous Subjects

Subject Pages Subject Pages
ORGANIZATION SESSION, November 19, 1974 SPECIAL SESSION, November 19, 1974
Committees Committees
Standing; chairmen announced __8-11 Rules & Calendar, membership ----- 2--2
HR 1-Org. by Craig Governor
Organization of the House of Representatives Proclamation ------------ 1
during the Fourth Legislature; adopted 6-8 Vetoed bills from 1974 Regular Session ---
Members Presentation of former Members
Certified list 1-2 Alvarez, Ted; 19th District 2
Oath of office --2- Robinson, A. S.; 58th District .4
Officers Tillman, Jim K.; 75th District 4
Clerk-elected 6 Republican Caucus Elections 2
Sergeant at Arms-designated ____ 6
Speaker-elected-remarks by Reps. Dick Clark,
Craig, Fortune, Clem, and T. Lewis 2-4
Speaker pro tempore-elected-remarks by Reps.
Blackburn, Rish, Nelson, Wilson, and J. Robinson 4-6
Remarks by Speaker __8-11
Remarks by Speaker pro tempore __._ -6



7








8



Abbreviations:
Ch.-Chapter Number, as passed
DCH-Died on house calendar



HB-House Bill
HR-House Resolution
ID-Introduction deferred



No. Subject Introducer Pages Disposition

HR
1-A Org. Rules for Special Session Craig-2 ------------_--__________ Adopted
HB
1-A Municipal financial assistance trust fund_ Ogden-2, 3,4,6 Ch. 74-629
2-A Revenue sharing; local governments Ogden-2, 3-4, 6 ------Ch. 74-628
3-A Inter-American center authority ---- Hector and others-2, 3 DCH
4-A Retirement-- ----- ---- Melvin-4 -ID



Senate Bills, Resolutions, and Memorials (Received in

House) by Number, Subject, Introducer,

and Disposition



Vetoed Bills

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



No.



Subject



Introducer



Pages



Date
Vetoed Disposition



1974 Regular Session Vetoed House Bills
HB
1078 Farm labor registration---
1955 Motor vehicle license plates ----_ ----
2745 Pasco county expressway authority- ---_-
2909 Pasco county; alcoholic beverage licenses
2939 Alcoholic beverage licenses
CS/HB
3169 Alcoholic beverage licenses; food sales ---
HB
3608 Excise tax on documents --------
3900 Polk county legal aid society ---- .-------------- ..---
3930 Lee county; beverage licenses ------- --
4131 Jacksonville electric authority -----



Mixson 2 -----6-26-74
Committee on Finance & Taxation -__--2----_ 6-26-74
Richmond and Culbreath 2 ____2__ 6-18-74
Richmond 2 -------6-26-74
Committee on General Legislation -----2 __-.-- 6-27-74

Dick Clark and Lockward- 2 ------------- 6-12-74

Forbes 2 ---------_-- 6-27-74
J. R. Clark and others ----2 -- -6-25-74
Nuckolls and Randell ---2 6-26-74
Dixon and others 2-- __2_- 6-25-74



INDEX



--



I



JOURNAL OF THE HOUSE OF REPRESENTATIVES




House Bills, Resolutions, and Memorials by

Number, Subject, Introducer, and Disposition



Page numbers in Boldface Print indicate location of roll call votes on passage.