• TABLE OF CONTENTS
HIDE
 Title Page
 Members of the House of Repres...
 April 1977
 May 1977
 June 1977
 Index














Group Title: Journal of the Florida House of Representatives.
Title: Journal of the House of Representatives of the session of ..
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00027772/00066
 Material Information
Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: v. : ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: Florida. Legislature. House of Representatives.
State Printer
Place of Publication: Tallahassee, Fla
Publication Date: April-June 1977
 Subjects
Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Additional Physical Form: Electronic reproduction of copy from George A. Smathers Libraries, University of Florida also available.
General Note: Title varies slightly.
General Note: Description based on: 1907.
 Record Information
Bibliographic ID: UF00027772
Volume ID: VID00066
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 12895215
alephbibnum - 003417935
oclc - 12901236
lccn - sn 85065608
 Related Items
Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

Table of Contents
    Title Page
        Page i
    Members of the House of Representatives
        Page ii
        Page iii
    April 1977
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
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        Page 18
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    May 1977
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Full Text



Journals

of the


House of Representatives



FIRST REGULAR



SESSION



of the



FIFTH LEGISLATURE
[under the Constitution as Revised in 1968]



NOVEMBER



16, 1976



and
APRIL 5 through JUNE 3, 1977



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









MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (92); Republicans in Italic (28)]
(as of Organization Session)

District



District



Part of Escambia
1 Grover C. Robinson, III, Pensacola
2 Thomas R. "Tom" Patterson, Pensacola
3 Clyde H. "Jack" Hagler, Pensacola
Okaloosa, parts of Escambia, Santa Rosa, Walton
4 Edmond M. "Ed" Fortune, Pace
5 J.G. "Jerry" Melvin, Fort Walton Beach
6 James G. Ward, Fort 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. "Billy Joe" 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. "Herb" Morgan, Tallahassee
Columbia, Hamilton, parts of Madison, Suwannee
13 Wayne Hollingsworth, 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
(Resigned July 31, 1977)
Part of Duval
16 Arnett E. Girardeau, D.D.S., Jacksonville
17 John R. Forbes, Jacksonville
18 John W. Lewis, Jacksonville
19 Eric B. Smith, Jacksonville
20 Carl Ogden, Jacksonville
21 Thomas L. "Tommy" Hazouri, Jacksonville
22 Steve Pajcic, Jacksonville
23 R. Earl Dixon, Jacksonville
24 Ander Crenshaw, Jacksonville
Bradford, Clay, part of St. Johns
25 Frank Williams, Starke
Alachua, parts of Marion, Putnam, Union
26 Sidney "Sid" Martin, Hawthorne
27 William C. "Bill" Andrews, Gainesville
Parts of Flagler, Putnam, St. Johns
28 A. H. "Gus" Craig, St. Augustine
Volusia, part of Flagler
29 William R. "Bill" Conway, Ormond Beach



30 Samuel P. Bell, III, Daytona Beach
31 J. Hyatt Brown, Ormond Beach
Parts of Lake, Marion
32 Wayne C. McCall, D.D.S., Ocala
Parts of Orange, Seminole
33 Bob Hattaway, Altamonte Springs
Parts of Lake, Marion, Seminole
34 Vince Fechtel, Jr., Leesburg
Parts of Lake, Marion, Sumter
35 Richard H. "Dick" Langley, Clermont
Parts of Hernando, Pasco, Polk, Sumter
36 John R. Culbreath, Brooksville
Parts of Pasco, Pinellas
37 Ronald R. "Ron" Richmond, New Port Richey
Part of Orange
38 Lawrence R. "Larry" Kirkwood, Winter Park
39 John L. Mica, Winter Park
40 W. E. "Bill" Fulford, Orlando
41 Fran Carlton, Orlando
42 Toni Jennings, Orlando
43 Dick J. Batchelor, Orlando
Parts of Brevard, Orange, Seminole
44 David L. "Dave" Barrett, Indialantic
45 Clark Maxwell, Jr., Melbourne
46 Marilyn Bailey Evans, Melbourne
47 C. William "Bill" Nelson, Melbourne
Indian River, parts of Brevard, Okeechobee, Osceola,
St. Lucie
48 R. Dale Patchett, Vero Beach
Parts of Highlands, Osceola, Polk
49 Robert B. "Bob" Crawford, Winter Haven
50 Beverly B. Burnsed, Lakeland
51 Gene Ready, Lakeland
52 C. Fred Jones, Auburndale
Part of Pinellas
53 Mary R. Grizzle, Clearwater
54 S. Curtis "Curt" Kiser, Palm Harbor
55 Tom R. Moore, Clearwater
56 Betty Easley, Largo
57 Dennis McDonald, St. Petersburg
58 George F. Hieber, II, St. Petersburg
59 Don Poindexter, St. Petersburg
60 T. M. "Tom" Woodruff, St. Petersburg
61 Dorothy Eaton Sample, St. Petersburg
Parts of Hillsborough, Polk
62 James L. "Jim" Redman, Plant City









District



63
64
65



John L. Ryals, Brandon
R. Ed Blackburn, Jr., Temple Terrace
James S. "Trooper Jim" Foster, Tampa



Part of Hillsborough
66 H. Lee Moffitt, Tampa
67 Pat Frank, Tampa
68 Richard S. "Dick" Hodes, M.D., Tampa
69 George H. Sheldon, Tampa
70 Helen Gordon Davis, Tampa
Hardee, parts of Manatee, Sarasota
71 Ralph H. Haben, Jr., Palmetto
72 Patrick K. "Pat" Neal, Bradenton
Parts of Charlotte, Manatee, Sarasota
73 Thomas E. "Tom" Danson, Jr., Sarasota
74 Ted Ewing, Venice
DeSoto, parts of Charlotte, Highlands, Sarasota
75 Frederic H. "Fred" Burrall, Port Charlotte
Parts of Martin, St. Lucie
76 K. Dale Cassens, Fort Pierce
Parts of Martin, Okeechobee, Palm Beach
77 William J. "Bill" Taylor, Tequesta
Parts of Broward, Palm Beach
78 Donald F. "Don" Hazelton, West Palm Beach
79 Reid Moore, Jr., Palm Beach
80 William G. "Bill" James, Delray Beach
81 Edward J. "Ed" Healey, West Palm Beach
82 John J. Considine, III, West Palm Beach
83 Thomas F. "Tom" Lewis, North Palm Beach
Part of Broward
84 Van B. Poole, Fort Lauderdale
85 Terence T. "Terry" O'Malley, Hallandale
86 Linda C. Cox, Lauderhill
87 Stephen James "Steve" Warner, Pompano Beach
88 Tom Gustafson, Fort Lauderdale
Collier, Glades, parts of Hendry, Highlands, Lee
89 Mary Ellen Hawkins, Naples



District
Parts of Charlotte, Hendry, Lee
90 Franklin B. Mann, Fort Myers
91 Hugh Paul Nuckolls, Fort Myers

Parts of Broward, Dade
92 Tom McPherson, Fort Lauderdale
93 Harold J. Dyer, Hollywood
94 John Adams, Hollywood
95 Walter C. "Walt" Young, Pembroke Pines
96 Charles W. "Charlie" Boyd, Hollywood
97 David J. Lehman, M.D., Hollywood

Part of Dade
98 Elaine Gordon, North Miami
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 Beach
104 William H. "Bill" Lockward, Miami Lakes
105 Joe Lang Kershaw, Miami
106 Gwendolyn Sawyer "Gwen" Cherry, Miami
107 A. M. "Tony" Fontana, Miami Lakes
108 John Allen Hill, Miami Lakes
109 Joseph M. "Joe" Gersten, Miami
110 Roberta Fox, Miami
111 C. Thomas "Tom" Gallagher, III, Coconut Grove
112 Barry Richard, Miami
113 William E. "Bill" Sadowski, Miami
114 Robert C. "Bob" Hector, Miami
115 James F. "Jim" Eckhart, Miami
116 Robert W. "Bob" McKnight, Miami
117 Charles C. "Charlie" Papy, Jr., Miami
118 John Cyril Malloy, Miami
(Mr. Malloy changed party affiliation from Re-
publican to Democratic on April 4, 1977.)
119 Hugo Black, III, Miami

Monroe, part of Dade
120 Joe Allen, Key West



OFFICERS OF THE HOUSE OF REPRESENTATIVES



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



Clerk-Allen Morris
Sergeant at Arms-Wayne Westmark



- I-- -II-
















7I1e Jour al ,OFTHE

SIouse of Iepreserqtatives



Tuesday, April 5, 1977


Journal of the House of Representatives for the First Regular Session of the Fifth Legislature convened under
the Constitution as Revised in 1968, begun and held at the old Capitol in the City of Tallahassee in the State of
Florida, on Tuesday, April 5, 1977, being the day fixed by the Constitution for the purpose.



Present were the following officers chosen at the Organization
Session of November 16, 1976: Donald L. Tucker, Speaker;
John L. Ryals, Speaker pro tempore; Allen Morris, Clerk; and
Wayne Westmark, Sergeant at Arms.

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

The following Members were recorded present:



Eckhart
Evans
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodes
Hodges



Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Kutun
Langley
Lehman
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Nelson



Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Poindexter
Poole
Ready
Redman
Richard
Richmond
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young



Excused: Representatives Kiser, Neal, and Papy



A quorum was present.

Oath taken by Members
Because they were prevented from being present at the
Organization Session in November, Representative Steinberg was
administered the oath of office by Mr. Allen Morris, Clerk, on
January 11, 1977, and Representative Forbes was administered
the oath of office by Mrs. Lois Sadler, Assistant Clerk, on
February 9, 1977.

Prayer
Prayer by Bishop Steven Campora, Tallahassee Second Ward,
Church of Jesus Christ of Latter Day Saints:
Our dear Father in Heaven, we are indeed grateful for
this opportunity to meet in the capacity of this legislative



session. We are indeed grateful for a process of government
which makes it possible for every citizen of this great State
of Florida to be represented here this day. We're grateful
for these men and women who have sought office and won
that office, and who now will dedicate their time and their
talents to representing the people of Florida. We pray that
they might be blessed with good health and strength in
their task and that their families, whether they be in their
various homes or here in Tallahassee, might be blessed with
well-being and with strength. We pray that these Repre-
sentatives might be blessed with discernment, that they
might be blessed with wisdom to decide in fact what is best
for the people of Florida.

We pray that Thy spirit might be present here with us
during this day and this upcoming session, and we do it in
the name of our Lord and Saviour, Jesus Christ. Amen.


Pledge

The Members pledged allegiance to the Flag.

Journal

The Journal of November 16, 1976 was approved.

Introduction of House Physicians
The 'Speaker introduced Dr. Roy Young and Dr. George Palmer,
both of Tallahassee, who are serving in the Clinic today.

Committee to the Senate
On motion by Mr. Craig, the Speaker appointed Representa-
tives Redman, Forbes, and Grizzle as a committee to notify the
'Senate that the House was convened and ready to transact
business. The committee was excused to perform its assignment.

Announcement
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 November 15, 1976, for party leadership positions for
the next two years:

Minority Leader-Representative William G. James
Minority Leader pro tempore-Representative Mary R. Grizzle
Minority Whip-Representative Richard H. Langley
Minority Caucus Chairman-Representative Betty Easley

Communications

Governor Reubin O'D. Askew advised that he desired to ad-
dress the Legislature in Joint Session at 11:00 a.m. today.
1



The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Danson
Davis
Dixon
Dyer
Easley









JOURNAL OF THE HOUSE OF REPRESENTATIVES



IN THE SUPREME COURT OF FLORIDA
JANUARY TERM, A. D. 1977
IN RE: CERTIFICATE OF JUDICIAL
MANPOWER AS REQUIRED BY
SECTION 9,
ARTICLE V, CONSTITUTION OF
FLORIDA, : CASE NO. 51,368A
AS REVISED MARCH 14, 1972, FOR
CIRCUIT AND COUNTY COURTS.
Opinion filed April 4, 1977
Case of Original Jurisdiction
PER CURIAM
The actual judicial functions of the Circuit and County Courts
differ from those of the District Courts of Appeal making the
requirements for the respective courts different, and we are
therefore certifying separately to the Legislature the needs of
the trial courts.

Since the adoption of Article V in 1972 considerable statis-
tical information has been collected but because of the disparity
in procedure for tabulating cases in the individual circuits for
statistical purposes, it is difficult to relate one circuit to an-
other.
To ensure accurate and credible statistical information, this
Court, with the assistance of the chief judges, court clerks,
prosecutors, and public defenders, established a uniform means
and method to report court cases in accordance with an ad-
ministrative order entered by the Chief Justice on January
13, 1977. Once uniform statistical information is available,
this Court will be able to adopt a rule establishing uniform
criteria for the determination of need for additional judges.
Because that information is not currently available, we must
certify from the statistical data now available as verified
through the administrative staff of the office of the State
Courts Administrator, together with information concerning
needs of the respective circuits as presented by the chief
judges.
From the present information available to the Court, it ap-
pears there is no significant increase in the trial court case
load in 1976 in comparison with 1975, although it must be
recognized there was a substantial increase at the trial court
level for the four-year period from 1972 through 1975. Added
to the case load burden but not reflected in the 1976 statistics
is the impact of final consolidation of municipal courts into
the state court system, effective January 1, 1977.
Most of the trial courts' needs were met by the 1976 cer-
tification. There is, however, an immediate need for three
county court judges and two circuit court judges.

COUNTY COURTS
In 1976 we certified a need for 26 county judges, predicated
on the need for consolidating the remaining municipal courts
into the state court system. Our certification was substantially
less than the 62 deemed necessary by the Select House Com-
mittee for municipal courts. The 1976 Legislature approved all
county court positions with the exception of three county court
judge positions for Broward County. Broward County present-
ly has 10 county judges. This is clearly inadequate for a coun-
ty with a population of 959,500 and 29 municipalities. Broward
County presently has only one county judge per 95,950 popula-
tion, which exceeds by approximately 30,000 the judges per
capital in all other counties. We deem it imperative that the
three county judges we certified in 1976 be provided for Bro-
ward County so that the courts in Broward County may pro-
perly carry out their judicial responsibilities.

CIRCUIT COURTS
In our opinion, we can only presently justify a statistical
need for additional circuit judges in the First Circuit
[Escambia, Okaloosa, Santa Rosa, and Walton Counties], and
the Thirteenth Circuit [Hillsborough County]. Each of these
circuits has in excess of 1400 filings per judge for the year
1976.



We recognize that there are presently substantial delays of
civil trials in the Fifteenth Circuit, Palm Beach County, and
the Seventeenth Circuit, Broward County. However, we have
been unable to justify statistically additional judges for these
circuits either by case load per judge or judge per capital.



Further, it must be clearly understood that this certifica-
tion does not take into account any increased judicial work load
which might result from either additional responsibilities in
malpractice actions, the abolishment of plea bargaining, or
Chief Justice Burger's request to Congress to return the
diversity jurisdiction now in the federal court system to the
state courts.

CERTIFICATION
We, therefore, in accordance with Section 9, Article V, Con-
stitution of Florida, as revised March 14, 1972, hereby cer-
tify the need for three additional county court judges in
Broward County, one additional circuit judge in the First Cir-
cuit, and one additional circuit judge in the Thirteenth Cir-
cuit, for a total of five additional trial court judicial positions.
This Court certifies the aforementioned judicial officers as
necessary and recommends that they be made permanent
by law and funded by this State.
OVERTON, C. J., ADKINS, BOYD, ENGLAND, SUNDBERG,
HATCHETT and KARL, J. J., Concur

IN THE SUPREME COURT OF FLORIDA
JANUARY TERM, A. D. 1977



IN RE: CERTIFICATE OF
JUDICIAL MANPOWER AS
REQUIRED BY SECTION 9,
ARTICLE V, CONSTITUTION
OF FLORIDA, AS REVISED
MARCH 14, 1972, FOR DISTRICT
COURTS OF APPEAL.
Opinion filed April 4, 1977
Case of Original Jurisdiction



CASE NO. 51,368B



PER CURIAM
The actual judicial functions of the District Courts of Ap-
peal differ from those of the Circuit and County Courts mak-
ing the requirements for the respective courts different, and
we are therefore certifying separately to the Legislature the
needs of the appellate courts from the trial courts.

We have determined, as we did last year at this time, that
there is an absolute and immediate need for three additional
District Court of Appeal judge positions, one each for the
First, Second, and Third District Courts of Appeal.
In 1965 when the Fourth District Court of Appeal was
added to our appellate court structure, the total District
Court case load was twenty-seven hundred cases. The case
load since that time has more than tripled. In the short
period from 1972 to 1976 there has been a one hundred
percent increase in case load. To cope with this "law ex-
plosion," the Judicial Council and a Special Appellate Court
Review Committee recommended in 1975 that each of the
District Courts of Appeal be increased by two judges so that
each District Court would have a total complement of seven
judges.
This Court in 1975 certified a need for two additional
judges for the First, Second, and Fourth District Courts of
Appeal. It delayed for one year a certification for two addi-
tional judges for the Third District both because new court
facilities were under construction and experienced retired ap-
pellate judges were available for service during that period.
No additional District Court judge positions were created by
the 1975 Legislature.
In 1976 we certified the need for eight additional District
Court of Appeal judges, consisting of the six certified in
1975 and two for the Third District Court of Appeal. The
Legislature created five of those positions but failed to pro-
vide a seventh judge for the First, Second, or Third Dis-
trict Courts of Appeal. Based on all available data, the need
in 1977 is greater than it was in 1976.
In addition to providing these three additional judges, we
believe it is imperative that the additional staff requested by
the respective District Courts in their appropriations request
be provided. Merely increasing the number of judges does not
in and of itself take care of the increased case load. Our



2



April 5, 1977










JOURNAL OF THE HOUSE



courts have appreciably less staff than similar courts in other
jurisdictions and proportionately less than executive and legis-
lative positions of similar authority.
We therefore, in accordance with Section 9, Article V, Con-
stitution of Florida, as revised March 14, 1972, hereby certify
the immediate need for three additional District Court of Ap-
peal judges as set forth herein. A graph of statistical case
load information for each District Court is attached (graph
not reproduced). This Court certifies the aforementioned judi-
cial officers as necessary and recommends that they and the
necessary staff to operate these courts be made permanent
by law and funded by this State.
OVERTON, C. J., ADKINS, BOYD, ENGLAND, SUNDBERG,
HATCHET and KARL, J.J., Concur

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

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

Veto Messages
The following vetoed Acts of the 1976 Regular Session, trans-
mitted by the Secretary of State with the objections of the
Governor, were received:

June 23, 1976
Honorable Bruce Smathers
Secretary of State
Dear Secretary Smathers:
By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of the
State of Florida, I hereby withhold my approval of and trans-
mit to you with my objections House Bill 1300 enacted by the
Fourth Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1976, and en-
titled:
"An act relating to juveniles; amending s. 39.02(5) (c),
Florida Statutes, to authorize the state attorney to seek a
grand jury indictment against any child charged with a
felony; creating s. 39.025 to provide that once jurisdiction
over a child has been waived pursuant to s. 39.09 or pursuant
to an indictment if the prosecution results in a conviction of
a criminal offense, the court is thereafter divested of juris-
diction over the child and the child shall be handled as an
adult for pending or subsequent criminal offenses; amending
section 39.03(1)(g), providing that a law enforcement officer
may take a child into custody for the purpose of delivering
the child without unreasonable delay to the school system
if the officer has reasonable grounds to believe that the
child is absent from school without authorization; amending
section 39.03(6) (a), Florida Statutes; authorizing the photo-
graph of a child taken into custody upon probable cause that
he has committed a criminal act to be shown to any victim
or witness of a crime for the purpose of identifying the
person who committed such crime; amending section 39.12(3),
and (4) and section 39.14(5), Florida Statutes; entitling law
enforcement agencies, the Department of Health and Re-
habilitative Services, and the Department of Offender Re-
habilitation to inspect and copy court records relating to
treatment of juveniles under chapter 39, Florida Statutes;
providing an effective date."
House Bill 1300 would add two methods by which a state



attorney could certify a juvenile to circuit court as an adult
without petitioning the court under the waiver procedures in
section 39.09(2). Section 2 of the bill would allow the state



April 5, 1977



House Bill 1300 is essentially an attempt to make it easier
for prosecutors in Florida to try 16 and 17 year olds as adults.
It emerged from a widespread feeling of frustration with the
performance of our criminal justice system as it relates to these



SOF REPRESENTATIVES 3

attorney to file a direct information against a child who is 16
or 17 years old and who is alleged to have committed a capital
crime or a crime punishable by a life sentence or a felony of
the first or second degree. Second, it gives the state attorney
the option of taking these specified cases to the grand jury
for indictment. If the state attorney decides to use any of
these procedures, then the circuit court may dismiss the in-
formation or indictment and treat the "child as a child" when
it determines that the circumstances so justify.
The law now requires that a waiver hearing be held and
that certain criteria be met before a child can be tried as an
adult. This procedure may be used when the child is 14 years
or older at the time of the alleged offense and when the act
would be a violation of law if committed by an adult. If the
child has been previously judged delinquent for: murder, rape,
sexual battery, armed robbery or aggravated assault, and is
currently charged with a second or subsequent such offense,
then the state attorney is required to ask that the child be
tried as an adult in circuit court.
The provision in Section 2 of the bill allowing the state
attorney to file a direct information against a juvenile for
capital felonies is unconstitutional under Article I, Section 15
of the Florida Constitution. The Constitution prohibits a person
from being tried for a capital crime unless indicted by a grand
jury. I have discussed the question with the Attorney General
and he agrees with my judgment that this provision is un-
constitutional. Also, present law requires a juvenile be in-
dicted by a grand jury where the punishment is life imprison-
ment. This protection is eliminated in the bill.
Under the bill, juveniles charged with these crimes receive
none of the protections offered by current law. For example,
there is no judicial review or judicial approval of the transfer
of a juvenile to be tried as an adult. Also, the state attorney is
not required to consider the eight criteria s. 39.09(2) (d) 1-81
the juvenile court now considers in a waiver hearing. The state
attorney is not required to explain in writing the reasons for
his decision as currently required by the court under a
waiver hearing. Though, under the bill, the circuit judge may
dismiss the information or indictment against the juvenile,
he is not required to consider the eight criteria. Nor is the
judge required to explain in writing the reasons for his de-
cision. Also, under current law, the judge certifying the juve-
nile as an adult may not participate in any subsequent pro-
ceeding relating to the offense over the objection of the juve-
nile. This protection is not provided in the bill.
Section 5 of the bill allows a law enforcement officer to
take a child into custody when the officer has reasonable
grounds to believe the child is absent from school without
authorization. The officer is required to return the child with-
out unreasonable delay to the school system. This bill would
allow a juvenile to be stopped, questioned, detained and trans-
ported back to the school system solely on the discretion of
a law enforcement officer. There are no guidelines in the bill
to assure that the intent of the bill would, in fact, be pursued.
For example, truancy problems occur during daylight hours.
But nothing in the bill would prohibit a law enforcement of-
ficer from detaining young people, without reason, at night.
While there may be a need to pursue this purpose by statute,
and to use law enforcement as a positive tool in diminishing
truancy problems in the State, guidelines for such actions
should be more clear and more consistent with individual
rights.
Section 6 of the bill amends section 39.13 to allow law en-
forcement agencies, Health and Rehabilitative Services and
the Department of Offender Rehabilitation the right to use
any official record pertaining to a child. This section does not in
any way limit the use of the information if a law enforcement
agency releases it to the public or the press. Apparently, this
was a technical oversight, since the bill does limit use of these
records by Health and Rehabilitative Services and the De-
partment of Offender Rehabilitation. At present, the court may
determine under what conditions a person or agency may
use juvenile records, except that the parents, child or at-
torney have always had access to all records. Under this pro-
posed law, the discretion of the court would be limited where
the actions of law enforcement agencies are concerned.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



older juveniles. Many feel that our present system is inade-
quate in confronting the problems posed by juvenile crime.
And I agree. But the answer will not be found in efforts to
transfer more juveniles into the adult correctional system.
The Health and Rehabilitative Services Committee chaired
by Elaine Gordon adopted a bill which envisions a compre-
hensive study of youthful offender laws for the purpose of
developing legislation to be presented during the 1977 session.
Ms. Gordon feels that a piecemeal approach such as that at-
tempted by House Bill 1300 is ill-advised, and a more compre-
hensive approach is needed. I agree. Speaker Tucker has ap-
proved the proposed study by the Health and Rehabilitative
Services Committee of the House and wholeheartedly sup-
ports it. I am also ready and willing to lend whatever sup-
port I can to this effort.
In short, there is a need to review all the laws of Florida
which relate to juveniles and crime. But this review should be
careful, cautious and comprehensive. And it should be conducted
with the intent of protecting the rights of accused juveniles
as well as protecting society from the damages and the dis-
tress that are caused by juvenile crime.
For the reasons stated, I am withholding my approval of
House Bill 1300, Regular Session of the Legislature, com-
mencing on April 6, 1976, and do hereby veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), to-
gether with the Governor's objections thereto, was referred to
the Committee on Criminal Justice.

June 29, 1976
Honorable Bruce Smathers
Secretary of State
Dear Secretary Smathers:
By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of the
State of Florida, I hereby withhold my approval of and trans-
mit to you with my objections Committee Substitute for
House Bill 1808 enacted by the Fourth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the
Regular Session of 1976, and entitled:
"An act relating to unemployment compensation; amending
s. 443.04(1), Florida Statutes, providing that benefits be
paid through claims offices; providing that claimants must
report in person to certify for and receive benefits; pro-
hibiting mailing of unemployment benefits; amending ss.
443.03(5) (n) and (o) and 443.05(3) (a), Florida Statutes;
providing that service in the employ of the state for which
remuneration is paid from other personal service appropria-
tions shall be excluded from the definition of "employment,"
with certain exceptions, and exempting certain temporary,
substitute and part-time employees from unemployment
compensation coverage; amending s. 443.08(5) and (6)(a),
Florida Statutes, and adding subsection (7) thereto; pro-
viding for loss of benefits where an individual was terminated
for violation of a criminal law of this state; providing that
state, county, and municipal governmental units may elect
the experience rating method of financing unemployment
compensation benefits; providing for prospective application
with respect to wage credits earned in service to the state;
providing an effective date."
Committee Substitute for House Bill 1808 contains five
substantive amendments to chapter 443, Florida Statutes, the
Florida Unemployment Insurance Law. Sections 2-5 were
contained in the original committee substitute bill. These
amendments exclude several classes of public employees from
unemployment compensation coverage and have been recom-
mended by several public employer representatives, including
the Department of Administration. Sections 1 and 6 were both
added as floor amendments. This legislation is an unfortunate
example of what can result when floor amendments are hastily
added to legislation which has been thoughtfully prepared and
subjected to public hearing and committee review.



Section 1 of the bill would prohibit the Department of Com-
merce from implementing any system, no matter how fraud-
proof, for the delivery of unemployment benefits by mail. Such



systems are currently utilized by more than half of the state
unemployment insurance programs. Reports from participating
states indicate that such mail claims systems do not increase
the incidence of fraud but rather, by relieving unnecessary
congestion in local offices, contribute to better adjudication
and more personalized assistance to claimants seeking jobs.
The authority for the Department of Commerce to design and
implement such a procedure should not be prohibited by law in
Florida.
The most serious problem with the bill relates to a conflict
with the requirements of federal law. Section 6 would require
the denial of benefits to any person terminated from a job as
the result of being charged with a violation of any criminal
law of this state. The person need not be found guilty. And the
misconduct need not have any connection with the person's
work. Federal law only permits total reduction of benefits
when a claimant has been discharged from employment for
misconduct connected with the work. Officials of the United
States Department of Labor have advised me in writing that
extension of the disqualification provision beyond the work-
related requirements of the Federal Unemployment Tax Act
could lead to the termination of administrative funds and em-
ployer tax credits currently available to Florida.
As I have previously stated, Florida's unemployment in-
surance law and program need a comprehensive evaluation.
The program needs to be simplified and improved, to function
as a part of a system that helps people receive benefits they
have earned and helps them to find jobs. If this bill were to
become law, it would add complexity and discriminatory re-
quirements. I have asked the Secretary of the Department of
Commerce, working with the Unemployment Compensation Ad-
visory Council, to undertake a complete review of our present
law and program and prepare recommendations for the 1977
Legislative Session.
For the reasons stated, I am withholding my approval of
Committee Substitute for House Bill 1808, Regular Session of
the Legislature, commencing on April 6, 1976, and do hereby
veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Commerce.

June 22, 1976
Honorable Bruce Smathers
Secretary of State
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 House Bill 2102, enacted
by the Fourth Legislature of Florida under the Florida Con-
stitution, 1968 Revision, during the Regular Session of 1976,
and entitled:
"An act relating to gambling; amending ss. 849.093(1), (6)
and (7) and 849.094(1) (a), Florida Statutes, permitting non-
profit organizations to conduct raffles; providing for certain
limitations and filing procedures; adding subsection (3) to s.
849.16, Florida Statutes, providing that nothing in this sec-
tion shall apply to certain coin operated games or devices
which may entitle the player to free replays; providing an
effective date."
House Bill 2102 amends Chapter 849, Florida Statutes, to
permit non-profit organizations and veterans organizations to
conduct raffles, subject to certain restrictions. The Legislation
is unconstitutional as it would permit lotteries which are pro-
hibited by the State Constitution.
Article X, Section 7 of the Florida Constitution reads as
follows:



"Section 7. Lotteries-Lotteries, other than the types of
pari-mutuel pools authorized by law as of the effective date
of this constitution, are hereby prohibited in this State."



4



April 5, 1977









April 5, 1977



Lotteries, by judicial definition, consist of three elements:
(1) a prize, (2) an award by chance, and (3) consideration.
See Little River Theatre Corporation v. State ex rel. Hodge,
185 So. 855; and Blackburn v. Ippolito, 156 So.2d 550. See also
Greater Loretta Imp. Ass'n. v. State ex rel. Boone, 234 So.2d
665 (Fla. 1970), and M. Lippincott Mortgage Investment Co.
of Florida v. Childress, 204 So.2d 919, (1 DCA, Fla. 1967).

Raffles, which is the primary subject of the legislation in
question, are clearly lotteries in every sense of the word since
they contain the necessary elements. The prize is always evi-
dent as is the distribution by a chance drawing. The considera-
tion is apparent from the fact that people have to purchase
raffle tickets in order to secure a chance to win. That draws
the circle tightly and denominates a raffle as a prohibited lot-
tery. I have discussed the question with the Attorney General
and he agrees with my judgment that the proposed legisla-
tion is unconstitutional.

For the above reason, although I recognize the legitimate
interest of non-profit and veterans' organizations in fund rais-
ing to carry out their programs, I am withholding my ap-
proval of House Bill 2102, Regular Session of the Legislature,
commencing on April 6, 1976 and do hereby veto the same.

Sincerely,
Reubin Askew
Governor

-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Judiciary.



June 22, 1976



Honorable Bruce Smathers
Secretary of State



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 House Bill 2338, enacted by
the Fourth Legislature of Florida under the Florida Constitu-
tion, 1968 Revision, during the Regular Session of 1976, and
entitled:

"An act relating to motor vehicle registration amending s.
320.05, Florida Statutes; restricting the disclosure of infor-
mation received in conjunction with an application for reg-
istration of a motor vehicle, trailer, or semitrailer; providing
procedures for disclosure of such information; providing for
promulgation of rules; providing an effective date."

House Bill 2338 amends Chapter 320, Florida Statutes, to
limit and regulate public access to motor vehicle registration
information. This information is public under present law,
available to any citizen who asks for it in person, in writing or
by telephone.

If the bill becomes law, only law enforcement officers and
officials directly involved could see the records. All others
would be required to submit a written request and, with some
exceptions, be required to state why the information is needed.
Then the State would send a written response, but only after
fulfilling the law's requirement that the identity of the citizen
asking for information be checked out.

The apparent intention of House Bill 2338 was to prevent
disclosure of registration information to individuals who may
use it for illegal purposes. I appreciate this concern but I do
not believe that these types of records are of such a sensitive
nature as to outweigh the public's right to know. In addition,
motor vehicle dealers and others in the business community
are in constant need of immediate information regarding
motor vehicle titles and lien status. The executive director of
the Department of Highway Safety and Motor Vehicles reports
that the department reviewed during the last eleven months
approximately 89,000 telephone requests, 50,000 letters, and
187,164 teletype requests for license plate information.



JOURNAL OF THE HOUSE



June 29, 1976



Honorable Bruce Smathers
Secretary of State



Dear Secretary Smathers:

By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of the
State of Florida, I hereby withhold my approval of and trans-
mit to you with my objections House Bill 2959 enacted by
the Fourth Legislature of Florida under the Florida Constitu-
tion, 1968 Revision, during the Regular Session of 1976, and
entitled:

"An act relating to the licensing of foreign professionals;
repealing s. 455.015, Florida Statutes, which requires boards
and commissions within the Department of Professional and
Occupational Regulation, in conjunction with the Depart-
ment of Education, to approve continuing education programs
for applicants who are graduates of professional schools in
countries other than the United States and which provides,
through such programs, for the licensing of foreign profes-
sional school graduates; providing an effective date."

House Bill 2959 was intended to repeal a 1974 law to aid
foreign-born professionals in their pursuit of licenses in Florida.
The 1974 law called for specified professional and occupational
regulatory boards, upon application of 15 persons to conduct
a continuing education program and examination for licens-
ing in the native language of the applicants. It was the primary
intent of this legislation to assist Cuban citizens of various
professions to work in Florida in the area of their prior edu-
cation and experience.

Executive Directors and board coordinators of the eleven
boards that administered exams in foreign languages during
this past fiscal year estimated total costs of $500,000 with an
estimated cost for each applicant of from $65 to $200. Cer-
tainly the cost and time required have been considerable and
a legislative review of this program is appropriate.

The effective date of House Bill 2959 was amended in the
Senate in an attempt to "grandfather" those professionals
of Cuban origin who lived in Cuba between June 30, 1956 and
June 30, 1976 and who lived in Florida when this act was
"passed." This would appear to exempt any other Cuban pro-
fessional who might come to this country and seek a license
after June, 1976, although, as amended the bill includes an
effective date of January, 1977, for repeal of the law.

The proper legal construction of the bill as passed is vir-
tually impossible to decipher. By providing an exemption to
a law that is being repealed, a great deal of confusion among
the various boards would occur as to whether they must con-
tinue to provide courses and exams in Spanish to certain per-
sons of Cuban descent, but in no other language and, pre-
sumably, to no other Spanish speaking professionals. That
would place the boards in the posture of denying any other
foreign-born professional the right to the special program,
which would seem to violate the equal protection clause of
the United States Constitution.

Efforts to repeal the foreign professionals act may have
been defensible in view of the administrative costs of im-
plementing the act. But the amendments to this bill
make it confusing, contradictory, and probably unconstitutional.



OF REPRESENTATIVES 5

I question whether sufficient justification has been shown
for this legislation. Also, the Legislature did not provide the
additional personnel required to implement the bill.
For the above reasons, I am withholding my approval of
House Bill 2338, Regular Session of the Legislature, com-
mencing on April 6, 1976, and do hereby veto the same.

Sincerely,
Reubin Askew
Governor

-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Transportation.









:6



JOURNAL OF THE HOUSI



For the reasons stated, I am withholding my approval of
Committee Substitute for House Bill 2959, Regular Session of
the Legislature, commencing on April 6, 1976, and do hereby
veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Regulated Industries & Licensing.

Honorable Bruce A. Smathers June 24, 1976
Secretary of State
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 House Bill 3121 enacted
by the Fourth Legislature of Florida under the Florida Con-
stitution, 1968 Revision, during the Regular Session of 1976,
and entitled:
"An act relating to state government, interagency disputes
between executive agencies; defining "agency"; prohibiting
the institution of an action by an agency against another
agency; providing that after good faith efforts and nego-
tiations the final resolution of any dispute shall be made
by the Governor and Cabinet and further may intervene to
make a final resolution of such disputes at anytime; provid-
ing an effective date."
House Bill 3121 provides that no legal action can be insti-
tuted by an agency of State government against any other
agency without "prior approval from the Cabinet." I am in
sympathy with the basic concept that, whenever possible, the
executive branch should decide matters internally without re-
sort to the costs and delays of legal action. However, certain
aspects of House Bill 3121 are, in my opinion, unacceptable.
Section 3 of House Bill 3121 states that legal action by de-
partment heads can be instituted upon "prior approval from
the Cabinet." Article IV, Section 4 of the Florida Constitution
states that, "There shall be a cabinet composed of a secretary
of state, an attorney general, a comptroller, a treasurer, a
commissioner of agriculture and a commissioner of education."
The Governor is not a member of the Cabinet. Under House Bill
3121, the chief executive officer of the State would not be in-
volved in decisions concerning litigation by executive agencies.
I have serious doubts about the constitutionality of any
executive function being placed in the Cabinet. Article IV, Sec-
tion 6 of the Constitution provides that, "[a]ll functions of
the executive branch shall be allotted among not more than
twenty-five departments, exclusive of those specifically pro-
vided for or authorized in this constitution. The administration
of each department, unless otherwise provided in this consti-
tution, shall be placed by law under the direct supervision of
the governor, the lieutenant governor, the governor and cabi-
net, a cabinet member, or an officer or board appointed by
and serving at the pleasure of the governor . .
I do not know whether this was intended or the result of
a drafting error. However, since another section of the bill
specifically mentions "the Governor and Cabinet," consistent
construction would be difficult.
House Bill 3121 contains other serious omissions and draft-
ing deficiencies including a lack of continuity of terms. Sec-
tion 4 of the bill states that resolution of certain disputes shall
be made "by the Governor and Cabinet." Would this require
the affirmative vote of the Governor along with the affirma-
tive vote of four members of the six-member Cabinet? An-
other provision of the bill requires a majority vote of the
Governor and Cabinet. Section 4 of the bill departs from the
term "institution of legal action" and mentions "disputes" be-
tween undefined "parties."



I am also disturbed about policy implications of the bill.
House Bill 3121 ignores the multi-jurisdictional nature of the
executive branch. In most agencies, in order to pinpoint re-
sponsibility, the Legislature has placed executive agencies un-



SOF REPRESENTATIVES April 5, 1977

der the administration of the Governor or a member of the
Cabinet. This legislation would allow the Governor and Cabi-
net authority over agencies outside their jurisdiction.
Additionally, some agencies of State government, such as
the Game and Fresh Water Fish Commission, have constitu-
tional duties. I doubt that interpretation and control of those
duties can be constitutionally placed in the Governor and Cabi-
net.
I am firmly convinced that the Legislature should take an-
other look at this area. I will work with the appropriate legis-
lative committees to seek ways to reduce litigation while main-
taining the integrity of the executive branch. In this manner,
we can insure that those charged with the responsibility of
carrying out legislative enactments retain the authority to
carry out those enactments.
For the above reasons, I am withholding my approval of
House Bill 3121, Regular Session of the Legislature commenc-
ing on April 6, 1976, and do hereby veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Governmental Operations.



June 24, 1976



Honorable Bruce Smathers
Secretary of State



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 3170, enacted by the Fourth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the
Regular Session of 1976 and entitled:
"An act relating to public health, amending s. 381.272(2)
and (3), Florida Statutes, relating to sewage disposal facili-
ties, exempting certain undeveloped private property from
certain requirements of Chapter 10D-6, Florida Administra-
tive Code; providing an effective date."
It is my understanding that the initiative for this legislation
came primarily from a provision in Chapter 10D-6, Florida
Administrative Code, which had provided for a January 1,
1977 cutoff date on the installation of septic tanks in lots
platted before 1972. However, new rules were filed with the
Secretary of State on June 15, 1976. The revision of Chapter
10D-6 eliminates the prohibition on the installation of septic
tanks after January 1, 1977, on lot platted before 1972, as
desired by the sponsors of this legislation. The revised rules
still maintain the distance specifications between a well and an
individual sewage system and also the lot size provisions on
the installation of septic tanks.
Committee Substitute for House Bill 3170 would also elim-
inate all lot size and distance specifications relating to the in-
stallation of septic tanks, as now required under Chapter
10D-6, Florida Administrative Code, for all lots platted before
1972. Current regulations require a minimum distance of 75
feet between a well and an individual sewage system.
The deletion of this distance requirement, especially on lots
with private wells, would permit installation of a septic tank
close enough to a drinking well to be a definite health hazard.
This could lead to the pollution of an otherwise potable water
supply with pathogenic organisms that can cause, among other
diseases, typhoid fever, cholera, and dysentery.
For the above reasons, I am withholding my approval of
Committee Substitute for House Bill 3170, Regular Session of
the Legislature, commencing on April 6, 1976, and do hereby
veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Governmental Operations.










JOURNAL OF THE HOUSE



June 22, 1976
Honorable Bruce Smathers
Secretary of State
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 House Bill 3239, enacted by
the Fourth Legislature of Florida under the Florida Constitu-
tion, 1968 Revision, during the Regular Session of 1976, and
entitled:
"An act relating to the Medical Examiners Commission;
amending s. 406.11, Florida Statutes; providing that the
district medical examiner may make such autopsies or ex-
aminations on persons who die in the State as are authorized
by law with the approval of the state attorney or the board
of county commissioners or their designees; providing an
exception; amending s. 406.07, Florida Statutes, providing
for a budget authorized by the boards of county commissioners
for compensation of district and associate medical examiners;
amending s. 406.02(1) and (2), Florida Statutes, increasing
the membership of the commission to include a county
commissioner who represents the State Association of Coun-
ty Commissioners, designated by the association; providing
for a 4-year term; providing an effective date."
House Bill 3239, in its original form, simply added one mem-
ber to the Medical Examiners Commission who would be desig-
nated by the State Association of County Commissioners.
Chapter 406, Florida Statutes, establishes the six-member
Medical Examiners Commission appointed by and within the
Department of Health and Rehabilitative Services with the re-
sponsibility of establishing medical examiner districts, sub-
mitting district medical examiner nominees to the Governor
for appointment, and reporting annually to the Governor and
Legislature on the activities and findings of the district medical
examiners.
It is appropriate that county government be represented on
the Commission and I have no objection to the legislation as
originally introduced.
However, the legislation was altered by the inclusion of a
floor amendment far removed from the original purpose which
could effectively curtail medical examiner services. The amend-
ment to chapter 406.11, Florida Statutes, requires the medical
examiner to obtain permission from either the State Attorney
or the County Commission before performing an autopsy unless
the medical examiner suspects a criminal violation.
House Bill 3239 as passed would subject the professional
judgment of the medical examiner to needless restriction. The
medical examiner is charged with the responsibility to deter-
mine cause of death. His authority to exercise good profes-
sional judgment necessary to his investigation should not be
abridged. Neither a state attorney nor a county commissioner
has the medical training or experience to decide what scientif-
ic tests, including autopsies, should be utilized by a physician
in the diagnosis of the cause of death. This should be a phy-
sician's responsibility.
The provision of the bill authorizing a medical examiner
to act independent of state attorney or county commissioner's
approval where he suspects a criminal violation of Florida
law is unworkable because it places an unreasonable burden
on the medical examiner. The practical effect of the legisla-
tion would be that virtually all autopsies and laboratory ex-
aminations by medical examiners would be required to be
formally approved by the state attorney or county commissioner.
The effect would be added, unnecessary administrative bur-
dens and a weakening of public protection and independent pub-
lic service by medical examiners in Florida.
The Chairman of the Medical Examiners Commission as well
as a number of State Attorneys and district medical examiners
have written urging that the bill be vetoed. I have discussed my
concerns with Representative Martin and he concurs in my
decision.
For the above reasons, I am withholding my approval of
House Bill 3239, Regular Session of the Legislature, com-
mencing on April 6, 1976, and do hereby veto the same.



Sincerely,
Reubin Askew
Governor



April 5, 1977



I have discussed this legislation with the Attorney General.
He agrees with me that thesis an ill-conceived measure that
warrants a veto. The powers of law should further the in-
terests of justice and, wherever possible, provide needed pro-
tection for the people from the tragic consequences of crime.
Instead of protecting innocent victims of crime, as the sponsors
intended, this bill would lead to the needless loss of victims'
lives.



OF REPRESENTATIVES 7

-and the above vetoed bill (1976 Regular Session), to-
gether with the Governor's objections thereto, was referred
to the Committee on Health & Rehabilitative Services.

June 23, 1976

Honorable Bruce Smathers
Secretary of State

Dear Secretary Smathers:

By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of the
State of Florida, I hereby withhold my approval of and trans-
mit to you with my objections House Bill 3243 enacted by the
Fourth Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1976, and en-
titled:
"An act relating to burglary; renumbering s. 810.02(2), (3),
Florida Statutes, and adding a new subsection to said sec-
tion; providing that burglary of a dwelling place is a capital
felony if other specified offenses are committed upon per-
sons lawfully within the dwelling; providing an effective
date."
House Bill 3243 would greatly expand present law to allow the
death penalty if, during a burglary of a dwelling place, a sexual
battery or kidnapping were committed.
Under current law, there are three degrees of burglary. An
increased punishment is specified for each degree of the crime
based on the presence of certain aggravated factors. The maxi-
mum penalty for the most serious degree of burglary is life
imprisonment.
There are also varying levels of punishment under the law
for sexual battery and for kidnapping. Punishment for these
offenses is also based on the seriousness of the offense and
the likelihood of harm to the victim. The death penalty is only
authorized in one instance. An offender who is 18 years old
or older and commits a sexual battery on a child 11 years or
younger can receive a death sentence.
The maximum punishment for all other degrees of sexual
battery and kidnapping is imprisonment for up to life. Of
course, if a murder is committed during any burglary, kid-
napping, or sexual battery, the offender could receive the
death penalty under Florida law.
House Bill 3243 is a substantial and, I believe, unwise de-
parture from our present law. The bill makes no distinction
among the various degrees of burglary, sexual battery or kid-
napping. It would authorize the death penalty for any sexual
battery or kidnapping committed during a burglary of a dwell-
ing house. By unnecessarily expanding the law in this manner,
the Legislature has not shown a reasonable relationship between
the seriousness of the crime and the punishment.
Death is an unusually severe punishment and should be
reserved for the most severe criminal conduct. Under this bill,
the death penalty would be grossly disportionate to the crime
if imposed under every instance allowed and would be of
questionable constitutionality. Imposing the death penalty under
these circumstances would not give an offender any incentive
to keep his victim alive.
Contrary to what the sponsors of House Bill 3243, in good
faith intended, it is my conclusion that this bill would en-
courage burglars, sexual offenders and kidnappers to kill their
victims. They would realize that, if captured for their crimes,
they would face possible capital punishment. And they would
know that leaving witnesses to their crimes would only in-
crease the likelihood of their capture and conviction.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



For the reasons stated, I am withholding my approval of
House Bill 3243, Regular Session of the Legislature, commenc-
ing on April 6, 1976, and do hereby veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Criminal Justice.

June 23, 1976
Honorable Bruce Smathers
Secretary of State
Dear Mr. Secretary:
By 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 3299 enacted by the Fourth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the
Regular Session of 1976, and entitled:
"An act relating to charity racing days at horse racetracks,
dog racetracks, and jai alai frontons; providing for an addi-
tional day of racing for the University of Florida College
of Veterinary Medicine; specifying the relationship of funds
received by the College of Veterinary Medicine under the
provisions of this act with funds appropriated to the college
of law; creating s. 550.490, Florida Statutes, redefining the
method of accounting and distribution of charity day rac-
ing funds for all charity days conducted by licensees; pro-
viding for other matters relative to the foregoing; provid-
ing an effective date."
Committee Substitute for House Bill 3299 allows one addi-
tional charity day at each pari-mutuel operation in the state.
The proceeds from said additional day shall be allocated to
the University of Florida, College of Veterinary Medicine.
This would amount to an authorization of 36 days of racing
with an estimated revenue potential of $600,000 in 1976-77.
Furthermore, these funds are exclusive of the budgetary and
appropriations process. This would amount to an unwarranted
proportion of funds going to the College of Veterinary Medi-
cine being outside the budget review process. This is a ques-
tionable practice at all times but particularly when other
state agency budgets are under such strict review. Every func-
tion of government supported by general revenue should be
treated equally as we determine the amount of money to be
appropriated for its operations.
Committee Substitute for House Bill 3299 also redefines the
method of accounting for charity days at pari-mutuel opera-
tions. This bill allows the pari-mutuel permitted to recover
a pro-rata share of fixed annual expenses for each charity
day operated. Thus, a pari-mutuel permitted can charge more
than his marginal cost against charity day proceeds and there-
by increase his annual profit by running charity days. This
practice would be contrary to the current law and practice
whereby a permitted is entitled to recover from charity days
only those additional costs incurred in running said charity
days.
Thus the effect of this bill is to reduce the proceeds to
charities and increase the revenue of the permitted. The cur-
rent practice has no effect on the permitted's annual profit
level and means that charity days are run solely for goodwill
purposes as intended and not for the personal gain of the
permitted. The proper approach to adjustments in pari-mutuel
permitted profits is via the industry-wide tax structure not
changes in the method of charity day accounting. Committee
Substitute for House Bill 3299 does not even guarantee that
the charitable purpose would receive, as a minimum, the
amount that would otherwise accrue to the state in taxes.
For the reasons stated, I am withholding my approval of
Committee Substitute for House Bill 3299, and do hereby veto
same.



Sincerely,
Reubin Askew
Governor



-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Regulated Industries & Licensing.

June 23, 1976
Honorable Bruce Smathers
Secretary of State
Dear Secretary Smathers:
By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of the
State of Florida, I hereby withhold my approval of and trans-
mit to you with my objections House Bill 3325 enacted by the
Fourth Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1976, and en-
titled:
"An act relating to public officers and employees; amending
s. 111.07, Florida Statutes, broadening current authorization
with respect to the defense of public officers and employees
in criminal or civil actions arising out of the officer's or
employee's acts done in the scope of employment; providing
exceptions; authorizing the Department of Legal Affairs to
provide defense with respect to actions in Federal Court;
creating s. 111.09, Florida Statutes; providing that a person
who is appointed to fill a vacancy created by the suspension
of a public officer shall be entitled to the benefits and im-
munities of that office; providing for the defense of an
appointee's right to hold office or perform the duties of
the office; providing that the expenses of such defense shall
include attorney's fees; providing that the state shall pay
all reasonable and necessary expenses including attorney's
fees incurred by a suspended officer when he successfully
challenges the suspension; providing an effective date."
The current law Section 111.07, Florida Statutes, authorizes
any agency of the state or political subdivision of the state to
defend any of its officers or employees against charges of al-
leged negligence which arise out of or in the scope of their
employment.
House Bill 3325 would significantly expand current law
to authorize a state agency or political subdivision to defend
any officer or employee in cases where criminal charges are
involved, and where those charges arise out of or in the scope
of their employment. Payment would be authorized prior to
any determination of guilt or innocence. Under this bill, if the
officer or employee is found guilty of the charges, the state
must recover these costs from the convicted defendant. There
would be little incentive for a convicted officer or employee
to reimburse the state. Thus, the state could become unneces-
sarily involved in two separate legal actions, one to defend
an officer or employee and one to recover legal costs from the
defendant if the defendant is found guilty.
I have signed into law Senate Bill 583, which authorizes
reimbursement of legal costs and reasonable attorney fees
for any law enforcement officer involved in a civil or criminal
action arising out of the performance of his official duties.
This reimbursement will be made only in those cases in which
the accused officer is exonerated. There may be a need for
additional legislation that would apply to public officials and
employees who are not law enforcement officers.
If so, legislation should require that any payment of legal
costs or attorney fees be made as reimbursement after acquit-
tal or dismissal of charges. This is a provision of Senate Bill
583 and it should be a provision of any other law that might
be enacted in this regard. Also, the provision of Section 2
that requires the trial court to determine what legal expenses
are reasonable and necessary should be applied to all cases
this bill is intended to address.
For the reasons stated, I am withholding my approval of
House Bill 3325, Regular Session of the Legislature, com-
mencing on April 6, 1976, and do hereby veto the same.
Sincerely,
Reubin Askew
Governor



-and the above vetoed bill (1976 Regular Session), to-
gether with the Governor's objections thereto, was referred
to the Committee on Retirement, Personnel & Collective Bar-
gaining.



8



April 5, 1977










JOURNAL OF THE HOUSE OF REPRESENTATIVES



June 24, 1976
Honorable Bruce Smathers
Secretary of State
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 House Bill 3542, enacted
by the Fourth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1976, and
entitled:
"An act relating to Hillsborough County; amending section 1
of chapter 71-687, Laws of Florida, as amended, by adding
that the district school board may enter into agreements for
group insurance with health and hospitalization, as well as
life, insurance companies for the benefit of retired employees
of the public schools in the county and by adding that said
board may provide such health and hospitalization, as well
as life, insurance for said retired employees; providing for
contributions by the board to the premiums therefore; pro-
viding an effective date."
The Legislature over the past several years has made a com-
mendable effort to establish uniform benefits for all retiring
public employees. Included in this overall approach by the
Legislature has been a concerted effort to place the retirement
program for public employees on a sound funding basis.
The approach taken by the Legislature in connection with
the Public Employee Retirement Program has been a sound
one and the provisions in this bill are in conflict with these
approaches.
The Attorney General, in his Opinion 75-147, clearly indi-
cated that the providing of life, health and hospitalization con-
tracts for employees other than during the period of their
employment would be no more than a pure gratuity and should
not be authorized for persons that have left the employment
of the public employer.
A local bill similar to House Bill 3542 was vetoed last year
because it would have allowed the use of public funds to pur-
chase insurance for persons who had retired from public
service. This policy question was considered by the 1976
Legislature which approved a general bill authorizing the
State and all local governments and school districts to allow
retired employees to continue participation in group insurance
programs, provided that the cost of any such insurance is paid
by the retired employees.
This general bill, Senate Bill 1000 which I have signed into
law, prohibits the use of public funds to pay premiums for
any retired employees, providing that the total cost must be
paid by the retired employees.
House Bill 3542 would let the district school board of Hills-
borough County use public funds to pay the premiums for
health, hospitalization and life insurance for retired employees.
It attempts to give to these former employees a benefit that
cannot be provided for retired employees of other school dis-
tricts, cities, counties or the state.
For the above reasons, I am withholding my approval of
House Bill 3542, Regular Session of the Legislature, commenc-
ing on April 6, 1976, and do hereby veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Community Affairs.

June 16, 1976
Honorable Bruce Smathers
\Secretary of State
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 House Bill 3628, enacted



by the Fourth Legislature of Florida under the Florida Con-
stitution, 1968 Revision, during the Regular Session of 1976,
and entitled:
"An act relating to thoroughbred, harness and quarter horse
racing; creating s. 550.48, Florida Statutes, prohibiting bet-
ting by minors or consumption of alcoholic beverages at
racetracks; allowing attendance of minors at racetrack events
under the regulation and control of the Division of Pari-
mutuel Wagering of the Department of Business Regulation;
providing for the application for a permit of admission of
minors to racing events; setting standards for the granting
of such permit, the regulation thereof, and providing for
the revocation of such permit; providing an effective date."
House Bill 3628 creates Section 550.48, Florida Statutes, and
authorizes minors to attend thoroughbred horse racing meet-
ings when accompanied by the minor's parent or guardian. In
1973 I vetoed similar legislation and my views on this subject
remain the same. Whatever the possible benefits of this policy
in terms of convenience to parents or positive impact on state
revenues, they are far outweighed by the potential for harm.
I strongly oppose the idea of exposing minors to the at-
mosphere which frequently accompanies pari-mutuel gambling
together with the e serving of alcoholic beverages. Whatever the
intended purpose of this bill might have been, an inescapable
by-product would be the exposure of children to habit form-
ing activities at an impressionable age.
Some would argue that minors should be allowed to accom-
pany their parents to a horse race the same as they are per-
mitted to attend other sporting events. With this argument I
disagree. The injection of gambling into the sport gives it an
altogether different character.
For the above reasons, I am withholding my approval of
House Bill 3628, Regular Session of the Legislature, commenc-
ing April 6, 1976, and do hereby veto same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Regulated Industries & Licensing.

June 24, 1976
Honorable Bruce A. Smathers
Secretary of State
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 House Bill 3701 enacted
by the Fourth Legislature of Florida under the Florida Con-
stitution, 1968 Revision, during the Regular Session of 1976,
and entitled:
"An act relating to the operation and administration of the
county hospital system in Escambia County; separating Cent-
ury Memorial Hospital, Century, from University Hospital,
Pensacola, by providing a separate Board of Trustees for
Century Memorial Hospital; providing for membership of
Century Memorial Hospital Board and for the appointment
by the Governor of certain persons as members of the
Board of Trustees of Century Memorial Hospital; providing
terms of office therefore, and method of filling vacancies;
providing for certain amount of revenue to be given to said
hospital by Escambia County; providing financial responsi-
bility for care of indigents; superseding provisions of chap-
ter 155, Florida Statutes; providing an effective date."
House Bill 3701 establishes a Board of Trustees for Century
Memorial Hospital separate from the University Hospital in
Escambia County.
The bill provides for appointment of the Board of Trustees
by the Escambia County Commission. However, the title pro-



vides for appointment by the Governor. Article III, Section 6
of the Florida Constitution, 1968 Revision, provides that "every
law shall embrace but one subject and matter properly con-
nected therewith, and the subject shall be briefly expressed in
the title."



9



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Because of the fatal title defect relating to the appointment
power of the Governor, I am withholding my approval of
House Bill 3701, Regular Session of the Legislature, commenc-
ing on April 6, 1976, and do hereby veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Community Affairs.

June 23, 1976
Honorable Bruce A. Smathers
Secretary of State
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 House Bill 4143 enacted
by the Fourth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1976, and
entitled:
"An act relating to the Lake Worth Downtown Development
Authority; amending section 8 of chapter 72-592, Laws of
Florida, increasing the rate of ad valorem taxation levied by
the authority from 1 to 3 mills beginning with the au-
thority's 1976-1977 fiscal year; authorizing the authority to
lower the tax rate and to thereafter increase it up to 3 mills
according to law; providing for a referendum; providing an
effective date."
House Bill 4143 is a local bill which was designed to increase
the millage authority of the Lake Worth Downtown Develop-
ment Authority. The legislative delegation wanted to provide
such increased authority only after a referendum of the electors
and the owners of downtown businesses. They have advised
me now that the bill does not give the property owners an
opportunity to vote on the question and have asked that I
veto the measure this year. They plan to introduce similar
legislation next year with a proper referendum provision.
For the foregoing reasons, I am withholding my approval
of House Bill 4143, Regular Session of the Legislature com-
mencing on April 6, 1976, and do hereby veto the same.
Sincerely,
Reubin Askew
Governor
-and the above vetoed bill (1976 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Community Affairs.

Committee from the Senate
A committee from the Senate, consisting of Senators Gallen,
Plante, and Wilson, was received and announced that the
Senate was convened and ready to transact business. The
Speaker presented former Senate Sergeant at Arms LeRoy
Adkison who escorted the committee.

Remarks by Speaker Tucker

The Speaker addressed the House with the following extem-
poraneous remarks:

This Chamber today is very lovely, and this is the last ses-
Sion that we will serve in this Chamber of the House. The
latest about the completion of the new Capitol is that it
will be completed in May. This indicates to me that probably
by next October or November we can move in there. So it
seems that we'll have ample time and that we can properly say
at this time this will be the last session that we will serve in
this old Capitol, and regardless, some of us may say that.



There has been some speculation over the past few months
about the direction in which the House was going and about



who was in control of the House of Representatives. Some of
the Members, about three, have complained that there was
a lack of direction, that they weren't receiving orders from
the Chair, and that they didn't know what to do. For those
people, I'm going to give you a list of bills and my opinion
about them, matters that I think we should consider, and this
pablum can be absorbed by those who need it as a mandate.
The rest of you, who have the intelligence that God gave you
to decide for yourselves the appropriate action to take, can
just take these as suggestions and make up your own minds.

When I first ran for office, almost 11 years ago, one of the
major issues confronting us, and one that was important in
every campaign in the state, was education and what the Legis-
lature was going to do about the needs of education in this
state. I traveled around during the general election because in
those days being a Democrat meant something and I didn't
have an opponent in the general election. I found that in
other states education was also the major issue in the cam-
paigns that were going on at that time. Over the years edu-
cation has become less and less significant as an issue in
the campaigns. I hope that this session of the Legislature
it will become an important issue in this Legislature. I be-
lieve that our society will best be judged by the level of edu-
cational opportunities that we allow for our people. With
that in mind, I think we need to have a strong commitment to
the cause of education from kindergarten through the graduate
level. We make a statement many times-I've heard it; you
have-that our children are our most important natural re-
sources. That's probably one of the most hypocritical state-
ments made by rational, thinking people, because if our
children are our most important resources then we should be
willing to sacrifice and to do everything within our power
to insure that those children are given the best education to
provide themselves and equip themselves with the skills nec-
essary to compete in an ever-increasingly complex society.
I hope that hypocrisy will not be the mark of this Legislature,
and that we will provide the funds necessary to maintain
our university system and to improve the quality of education
at all levels for the children in this state.

I'm going to ask the Appropriations Committee to con-
tinue the zero-based budgeting approach that we began last
year. We're going to continue to ask you to examine the ne-
cessity for every bureaucracy in our government and to
question very carefully every request for monies or personnel
made by these bureaucratic departments. I hope that this
Legislature will see us move into a biennial budget so that
we'll have time to adequately assess our needs. We've created
a separate bureaucracy in our government, and that is a group
of people whose sole responsibility it is to prepare budgets
from year to year before they even have a chance to assess what
the previous year's budget has done.

In the area of criminal justice, we need to compensate the
victims of crime. That's an idea whose time has come. Many
of our Members have been supporting this for years and I
ask you to support it this year. I think it's proper that the
criminals themselves be assessed the task of helping to com-
pensate those upon whom they have perpetrated their evil deeds.
I also think that based on the success of the three year mini-
mum sentence that we've given to felons who commit a crime
using a firearm-I understand it has reduced crime by some
25 or more percent-that we ought to this year do the same
thing for breaking and entering and see if we can't reduce that
crime also. All of this will require that we have an expanded



prison system and this is going to cost money, and we might
just as well be prepared to pay for it because when you man"



10



April 5, 1977












date that people go to jail you've got to have a place to house
them.
And this is something you haven't heard about before, but
I'm advocating that we do away with the grand jury system in
Florida. There was a program on television the other night
that pointed out that the grand jury system in this country
has moved from the accusatorial position for which it was
designed to being inquisitorial. The grand jury is subject to
information supplied to it by the prosecuting attorney. Any
prosecuting attorney who has evidence against an individual
can bring a direct information and does not need to use a
grand jury to embarrass or harass the citizens in this state.
Except for capital crimes, where a person's life is in jeopardy,
and I don't think one person should make the decision to try
them, we ought to eliminate the grand jury from our criminal
justice system.
I don't agree with those who want to call for registration of
firearms. I do, however, support very strongly a 72 hour wait-
ing period for the purchase of handguns. I don't know of
anyone with a legitimate purpose who can't wait that long to
get his hands on that piece of steel. Also, I think we ought
to do as we did in the House last session, re-pass a bill that I
introduced to outlaw and make illegal the sale of silencers,
because I don't know of anyone who needs that except a
criminal.
I'm going to ask you to support the product of our Com-
mittee on Elections, on their sweeping reform of the election
laws in this state. I think in the final analysis we will have
the bill from the Senate and the bill from the House in pretty
much the same form. It will put our election laws in such a
way that the average person can understand them, that reports
can be filed timely, and that those who are running for election
won't inadvertently violate the law.
I think we should reform the Public Service Commission,
should do away with the elected three member commission
and have a five member commission appointed by the Governor
from among recommendations by a committee appointed by the
Speaker, the President, and the Governor. I've had a lot of
cute things to say about the Public Service Commission. I
won't say anything else other than that.
I think there are several changes that need to be made in the
Department of Business Regulation. The pari-mutuel industry is
very important to the people in the State of Florida and we
decided a long time ago that the revenue from this industry
could be used in every county in the State of Florida, as well
as being used in our general revenue funds. One segment of
that industry, the thoroughbred industry, the horseracing in-
dustry, is in bad trouble, perhaps because the state is taking
out too much money as its share from the revenues generating
in the pari-mutuel fund. Some people would advocate that we
take from the dog tracks and from the jai alai frontons monies
and give it to the horses to compensate them for their losses.
I don't agree with that. If the horses aren't making a profit,
then we ought to reduce the amount of money that comes to
the state. If the dogs are making too much money, we ought to
take more money from them and put into the state. If the
frontons are making too much money, we ought to adjust the
tax that we take from them upwards so that they, too, can
pay their fair share. But in the interests of that industry
being able to get along with each other, I don't think that one
of them should be taxed to support the others. Two years ago
we did something similar to that in a band-aid approach to
the pari-mutuel problems. I'm not going to support any more
band-aid approaches. If we can't solve the pari-mutuel problem



in the State of Florida this session, then we ought to let the
pari-mutuel industry go to pot. We ought to make up our



11



mind that it's either going to thrive and be a part of the
economy of this state or we ought to let it go. With that in
mind, I think we ought to create a pari-mutuel commission of
professionals who are better able to adjudicate the various
interests of those in the pari-mutuel industry in this state.
Then in the Department of Business Regulation, I think we
ought to do away with the Beverage Division. We ought to
have quota licenses issued by the Department of Revenue,
preferably on a bid basis so that the state would get the
proper tax for the issuance of those licenses. The tax col-
lectors in the counties ought to issue beer and wine licenses
because anyone can get one anyway. And then the Florida
Department of Criminal Law Enforcement, a professional en-
forcement body, should be charged with the responsibility of
enforcing the beverage laws. I think this would probably save
us about five million dollars a year and would provide for
better enforcement and better implementation of the beverage
laws.
We ought to do something for state employees this session.
We ought to have cost-of-living increases. We should re-pass
and hope the Senate will act on our 30 year retirement bill.
And we ought to increase per diem for all state employees
to at least $35 a day.
In collective bargaining, one of the most pressing issues in
our state and in local government, we need to act to insure
that the Public Employee Relations Commission has adequate
personnel to help them solve the problems that come before
them, so we should increase them to three full time commis-
sioners. I think the Legislature should try to evade and avoid
having to act as arbitrators in disputes between the state or
local governments and the representatives of employees. In
the final analysis, we will be making a determination as to
whether or not we're going to appropriate increased funds or
make other changes, and we're not, at least I'm not, going to be
bound by any arbitrator at the bargaining table. People in
Florida elected us to make the final decisions about the amount
of money that will be spent, and we'll take the advice of
arbitrators and others but in the final analysis, we're the ones
who were elected to make the decision. For example, if an
arbitrator recommends $90 a month increase for the Highway
Patrol and we feel they ought to have $150 a month, then we
ought to do it. On the other hand, if we feel like they ought to
have less, we ought to do that too. That's our responsibility
and we should not shirk it, and I don't believe we will.
We need to have a continuing source of revenue for the
maintenance of our transportation system and completion of
the interstate system. I would recommend, because we need a
continuing source that we can count on from year to year,
that we earmark the equivalent of two cents per gallon from
the automobile license tag tax for the maintenance of our high-
way system. I also support matching funds from the state for
the Dade Area Rapid Transit program, that we give them
funds for their initial start-up program, but that the state at
no time be willing to provide operational funds, but let that be
done by local government.
We want to encourage the expansion of our economic base
by encouraging industrial growth and trying to entice new
industry into Florida. But by the same token, we should not
permit any weakening of the strong environmental protective
measures that we have in our state today. We need to clarify
responsibility for the administration of the state's drinking
water program. We need a comprehensive law to insure that
all our people will have a continuing source of clean, safe
drinking water.



You're asking, some of you, for my opinion on things, and
I think we ought to tear down the old Capitol. I'd love to



April 5, 1977



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



save it for its historical value, but there's one thing that is
paramount to me above all considerations: I'd love to save
it if it wasn't blocking the entrance to the 43 million dollar
building that we are just about to complete. And realistically,
it costs too much to keep it. It's the only State Capitol I know
of that has a major highway running into its front door. We
could tear it down and have a more beautiful Capitol Center,
and I think that the merits of doing that far outweigh the
emotional consideration that has lately been generated when
all through the years people have known that the building
was to be torn down. And bless his heart, our Secretary of
State would like to save it, and so I think we ought to dedi-
cate the dome to him and raze the building and go ahead and
provide a beautiful Capitol for all the people in Florida.
Now we need to also speak to that subject which the people
of Florida have asked us to speak to when they endorsed
the Sunshine Amendment. It's our responsibility to imple-
ment that. I have every confidence that Chairman Sid Martin
and the Standards & Conduct Committee will come up with
an implementation plan that will be fair and acceptable and
proper for the people in Florida.
While we're in that area, I think we ought to also support
a single registration of lobbyists within the Office of the
Secretary of State, but that people who lobby the Executive
Branch should also be required to register as lobbyists.
Every now and then we need to be reminded of what our
title really is. I read in the newspapers every now and then,
for whatever that's worth, comments made by different indi-
viduals about coalitions and how much they're going to get
for their area and how they're going to work together to di-
vert all the state's funds into one particular area of the state
or another. Our title, each one of us, is "State Representative."
That means that we should be concerned about the needs of
the people all over the State of Florida, the welfare recipient
in Sopchoppy, the students in the classrooms in Miami, workers
throughout the state. All of these people are important to
you and to me, because we represent the State of Florida;
we're just elected from various areas in the state. One of
the main problems with Congress is the parochial nature of
the Congressmen. Their whole political life depends on their
being able to satisfy their constituents that they have brought
as much of the federal government's money into their district
as they possibly can and therefore they're good Congressmen,
and they do not devote their time and statesmanship to the
problems of this country. And I would hope that our selfish de-
sires to feather our own nests would not supersede the re-
sponsibility that is inherent in our office to provide for all
the people in the State of Florida. As we go about consider-
ing the appropriations bill, I would hope that we would not
continue to have Members who sulk because they don't feel
they're getting enough money in one area or another in their
particular districts. And I tell you, I'm going to be the same
as I was last year, just as mean, just as vindictive, and just
as vigorous in insisting that we do our job responsibly, to
insure that we try to distribute the monies in this state for
the best interests of the most people in the State of Florida,
and that we keep in mind when we have minority interests that
they're protected too.
Now there's been a lot of comment about the power of the
Speaker. Some people even think he's too powerful. Those
three or four have already had their instructions. On a serious
note, let me tell you what my opinion is. I believe that the
membership of this House has the authority at any time to
remove the Speaker by majority vote. I don't know why we



need to worry about the power of the Speaker. If you want
me to be removed from office, I'll take the vote any time
you want to try it, because if the Members of this House do



not want me to be their Speaker then I don't want it. And
I'm tired of those few individuals and some few media people
who are always trying to destroy this democratic system of
ours by running down the presiding authority and the method
for choosing that presiding authority because they don't agree
with the individual who happens to be in office at the time. All
the power that the Speaker has emanates from you and I'm
conscious of that. I know that. When I look out among you it
makes me have chills up and down my spine because I'm so
proud to live in a country that has a democratic society such
as ours. I don't care what the media say, I've never dictated
to this Legislature and I don't intend to today. God gave you
a certain amount of common sense and wisdom to use, the
people in your districts have clothed you with the authority
to act on their behalf, and one man is not powerful enough to
dictate to 119 others the philosophy of government that's going
to prevail in the State of Florida. I don't want anybody to
think that this ship doesn't have a rudder, that this ship doesn't
have a captain. I'm going to continue to insist that this House
operate in an orderly and efficient manner. We're going to
continue to slow the process down and make it more respon-
sive and more understandable and more receptive to all the
Members in this Chamber. But as long as you have clothed me
with and permit me to maintain this authority, I'm going to
use it and I'm going to insist that this House operate properly.
And any time any Member wants to challenge me, they can
do it and I'll take that challenge before this full body and
stand upon the collective results when the smoke has cleared.
I don't want anybody to speculate about my political career.
You know, all these years people have been saying that Don
does this and he does that because he's running for something.
Now they say I'm really loose because I'm not, and they
finally got an excuse for the way I've behaved ever since
I've been in office. We're going to do what's right for the
people in Florida as we collectively see it. I feel that all the
Members of this House are going to be sincere in their ef-
forts to do what they think is right, and I hope that they will
grant to their fellow Legislators that concession that their
fellow Legislators are also properly motivated and sincere in
their desire to do what's right.
We're going to have a great session and I tell you I'm
looking forward to serving with you. And who knows, if a
better caliber person doesn't decide to run for Governor, I
may yet stay and take on that responsibility.

Messages from the Senate

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

Presentation of Florida Times-Union/Allen Morris Awards
On motion by Mr. Grosse, the rules were waived and the
Speaker appointed Representatives Grosse, Hazouri, and Thomp-
son as a committee to escort The Honorable J. J. Daniel, Pub-
lisher, and Mr. John S. Walters, Executive Editor of the
Florida Times-Union and Jacksonville Journal to the rostrum
for the purpose of presenting the annual Allen Morris Awards.
In his remarks to the House, Mr. Daniel noted that the awards
were originated by Alien Morris, now Clerk of the House, to
encourage high quality law making and to reward those who
achieve this high quality. When Mr. Morris became Clerk, the
newspaper agreed to present the awards, with the stipulation
that they continue to carry his name.



The following were presented plaques symbolizing the honors
voted them in secret balloting by their colleagues:



12



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Most Effective First Term Member-H. Lee Moffitt
Most Effective in Committee-former Member Granville H.
Crabtree, Jr.
Most Effective in Debate-William J. Rish
First Runner-up as Most Effective Member-John R. Forbes
Most Effective Member-A. H. Craig
The committee then escorted Messrs. Daniel and Walters
from the Chamber.

Recess
At 10:47 a.m. the House stood in informal recess to await
the Joint Session.

Reconvened
The House was called to order by the Speaker at 10:50 a.m.
A quorum was present.

JOINT SESSION
Pursuant to the provisions of HCR 1-Org., the members of
the Senate, escorted by the Sergeant at Arms of the Senate,
along with former Sergeant at Arms LeRoy Adkison, and
the Sergeant at Arms of the House, were seated in the Cham-
ber.

Arrival of Lieutenant Governor and Cabinet
The Honorable James H. Williams, Lieutenant Governor; The
Honorable Bruce A. Smathers, Secretary of State; The Honor-
able Robert L, Shevin, Attorney General; The Honorable Ger-
ald A. Lewis, Comptroller; The Honorable Bill Gunter, Treas-
urer; The Honorable Doyle E. Conner, Commissioner of Agri-
culture; and The Honorable Ralph D. Turlington, Commissioner
of Education, constituting the Cabinet of the State of Florida,
were escorted into the Chamber by the Sergeant at Arms of
the Senate and seated.

Arrival of Supreme Court
Chief Justice Ben F. Overton, Mr. Justice James C. Adkins,
Jr., Mr. Justice Joseph A. Boyd, Mr. Justice Arthur J. England,
Jr., Mr. Justice Alan C. Sundberg, Mr. Justice Joseph W.
Hatchett, and Mr. Justice Frederick B. Karl, constituting the
Supreme Court of Florida, were escorted into the Chamber
by the Sergeant at Arms of the House and seated.

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

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

THE PRESIDENT OF THE SENATE PRESIDING

A quorum of the Joint Session was declared present.

Prayer
Prayer by the Right Reverend Frank S. Cerveny, D. D.,
Bishop of the Episcopal Diocese of North Florida.

Almighty God, Who holds us accountable for the use of
all our powers and privileges, we pray for all those who
have authority in governing this State of Florida. Grant
to them at this time a sense of duty, that no self-interest
shall turn them from it. Drive away all temptations toward
arrogance and a desire simply to please. Give them hearts
to feel and minds to think that they may uphold what is
right and follow what is true. And bless, 0 Lord, all the
people of this State that our efforts, aloni with those who



govern, might be a blessing to this Country through sound
government, good education, just laws, and an honest press.
In time of prosperity, fill our hearts with thankfulness,
and in the day of trouble, grant that our trust in You shall
not fail. All this we ask in Your name. Amen.



Pledge
The Joint Session pledged allegiance to the Flag led by
Anthony L. (Tony) Ulchar, Sr., Department Commander, Ameri-
can Legion of Florida.

Committee to the Governor
On motion by Mr. Jones, the President appointed Senators
Myers, Dunn, and Ware and, on behalf of the Speaker, ap-
pointed Representatives Jones, Moffitt, and Haben as a joint
committee to notify the Governor that the Legislature had
assembled to receive his message.
The committee retired to execute its responsibility.

Presentation of Guests
The President presented the following guests: former Gov-
ernor LeRoy Collins; Mrs. Askew, Angela, and Kevin, wife
and children of the Governor; Mrs. Harper, mother of Mrs.
Askew; Mrs. Williams, wife of the Lieutenant Governor; Mrs.
Brantley, wife of the President; and General Bullard, Adjutant
General of Florida.

The committee returned escorting His Excellency, Governor
Reubin O'D. Askew.

Governor's Address
The President presented Governor Askew, who after greeting
the Supreme Court, the Cabinet, families and guests, addressed
the Joint Session as follows:
I want to welcome the new legislators beginning their first
session, and I want to welcome back those who have served
before. For freshmen and veterans alike, this session surely
will be a challenging experience.
This marks the seventh year that I have had the opportunity
to address the opening of the Legislature . more times
than any Florida governor has had that privilege. Many of
you have had the privilege to serve even longer in your
respective offices.
Longevity in itself, however, has never been an accurate
measure of success. For those of us in public life, the true
measure of success is our record of accomplishment on behalf
of the people. For the people are our final arbiters, judging
us by their confidence and their trust.
A recent Gallup poll indicates that public confidence in gov-
ernment today, nationwide, is greater than it has been at any
time for the last 15 years. People are beginning to believe
again that government can, and does, work for them.
We know that in Florida, this confidence has been inspired,
in part, by our efforts in recent years to make State govern-
ment work even better for the people. We have tried to make
government a vehicle for meeting the needs of the people in a
responsive and responsible way. And the wisdom of the people
has guided us on a course that has made Florida, in many
ways, a model for the nation. We have opened up the process
of government and raised a higher ethical standard, to better
earn the people's trust. We have faced critical problems. We
have made difficult decisions. We have set ambitious goals.
And it is upon this course that we must continue to travel-
following the road the people have chosen. Our ability to do
this will be tested in the days ahead-not only in the new
programs we establish in this legislative session, but also
by how we improve the effectiveness of the programs we
already have. For good government is more than proposing
new programs year after year. Good government is infusing



new ideas and new energies in all programs, new and old
alike. And good government is hard work.



13



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



' This hard work is often unacknowledged. It rarely captures
headlines. It requires patience and persistence. And, above
all, it requires dedication-by all of us assembled here today
-and by many more who work in state government and are
committed to making it the good government the people
deserve.

Budget and Taxes
One of the most important responsibilities I have as Gov-
ernor is recommending a budget to meet the needs of the
people. For the next fiscal year, I am proposing a budget of
$2.88 billion in general revenue and Federal Revenue Sharing
money. This is a realistic and balanced budget. But it also is the
most challenging of the seven I have submitted.
To understand what we must do, we must look at the factors
that have placed Florida in its present situation. We have
tightened the belt on State government for the past two
years. This has been a good experience. It has forced us to
set priorities. It has forced us to be more efficient and pro-
ductive. Our current State budget is actually less than it
was in 1974 because we chose to live within our means.
But the recession and inflation of recent years have taken
a toll on government, just as they have on the people. In the
last two years, State tax collections have been dramatically
affected by a depressed economy. The increase of general
revenue has been less than half the rate of inflation since 1974.
Our revenue growth has not kept pace with our growing
needs and the cost of meeting those needs. But our responsi-
bility has not diminished. We must provide our children with
a good education. We must improve a neglected transportation
network. We must continue helping the growing number of
people who require government services. We must respond
to burgeoning growth in our prison population. And we must
retain quality employees in State government, to provide
these services, through salaries that are competitive with the
private sector. But we cannot do all this adequately with
estimated revenue for the coming fiscal year totaling only
three percent more than the current appropriation. We find
ourselves in the paradoxical position of having to raise taxes
for necessary revenue to serve the people at a time when
many of the people need relief from financial burdens. No one
enjoys paying taxes. But the people expect government to
respond to our greatest needs. You have received my tax
recommendations for meeting these needs, including an increase
in the Sales Tax, from four to five percent.
I made this decision after reviewing all our possible alterna-
tives. And I made this decision with the knowledge that the
percentage of personal income spent on State taxes today is less
than when I became Governor. As a percentage of personal
income, 46 states levy higher state and local taxes than Florida
does. We have acted to eliminate inequities in our tax structure.
In fact, since I became Governor in 1971, we have repealed
more taxes than have been imposed and have made our tax
structure more equitable.
A sales tax can be a regressive tax. But, in Florida, we do
not tax groceries. We do not tax medicine. We do not tax house-
hold utilities. And we do not tax residential rents. In short,
unlike some other states, we do not impose the sales tax on
these necessities of life. This makes our sales tax much less
regressive.

Tax Relief



The general tax approach I propose would permit further
adjustments, to offset some of the impact of the tax increase.



The spiraling cost of household utilities has become almost
prohibitive for many Floridians. The Municipal Utility Tax com-
pounds this burden by as much as 10 percent-in effect penaliz-
ing people for use of a basic necessity. I am proposing more than
$32 million in relief to exempt the first 750 kilowatts of house-
hold electrical usage from this tax. The State would reimburse
cities for the revenue they would lose. This could mean an an-
nual reduction on utility bills of nearly $30 for families paying
the tax.
I also have recommended a $50 million program to assure
that property taxes do not become an excessive burden on a
family's income. In past years we have provided homeowners
some relief by rolling back property taxes and increasing
homestead exemptions for the elderly.
But renters, who comprise 35 percent of all Florida house-
holds, receive no exemption and little or no benefit from the
rollback even though they pay property taxes indirectly through
their rents. This proposal, called a circuit breaker, would give
some direct relief to renters for the first time as well as
provide further relief to eligible homeowners. In some cases,
rebates could be as much as $250 per year. This program would
especially assist the poor and those on fixed and moderate in-
comes.
My tax recommendations also would permit adjustments di-
rectly affecting our business community. I am concerned that
property taxes on business inventories are a disincentive in our
efforts to promote economic development. I recommend $22.5
million to reduce the level of assessment from 25 percent to 10
percent of the value.
Since 1971, we have exempted household utilities from the
state sales tax. To provide $12.5 million in relief to business,
I recommend reducing the sales tax for commercial energy
users from four percent to three percent.

Education
In 1947, the Florida legislature made a significant commit-
ment to a quality educational system. Since then, Florida has
dedicated itself to providing a good education to all children,
regardless of the financial ability of their home county to
provide it.
But there still is much to be done.
I am recommending $1.69 billion for public schools, community
colleges, universities, and the school for the deaf and blind.
This is an increase of $161 million over the current appropria-
tion. This raises the total per pupil expenditure in each of the
67 counties to $817 and provides money for additional textbooks.
A recent Department of Education study shows that 56 per-
cent of our fifth graders cannot tell time. Many students can-
not spell common words like "horse" and "funny." Many students
cannot comprehend what they read. And many others cannot
compute simple mathematical problems.

To improve the basic skills of students with learning defi-
ciencies, I am recommending $32 million for a year-round
compensatory education program, proposed by Education Com-
missioner Turlington. This state commitment would be coupled
with $84 million in federal funds.

I also recommend an increase of $21 million for our com-
munity colleges, to meet needs caused by anticipated growth in
student population, and $41 million in university system in-
creases, including $20 million for pay raises.



The increased allocation for universities will enable us to im-
prove the system's libraries, replace graduate students with



14



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



additional faculty members in the instructional program, and
finance other priorities to be set by the board of regents.

Human Services
The true measure of any society is its commitment to help the
less fortunate among its people.
To address the problems of the indigent, the infirm, and those
with serious disadvantages, I am requesting a $99 million in-
crease for the Department of Health and Rehabilitative Services,
of which about $60 million is federal money.
In the state medicaid program, I recommend an increase of
$13 million from general revenue to respond to rising medical
costs. To contain medical costs and eliminate abuse, an additional
$1 million is provided for a statewide monitoring program.
We must continue our commitment to community care pro-
grams for older people. These programs have proven effective
and enable the elderly to live in dignity.
We also must continue the community care approach for re-
tarded individuals who do not require placement in institutions.
And I have recommended $4 million for facilities to provide better
and safer housing for retarded individuals now living in multi-
level Sunland Centers in Tallahassee and Orlando.
Currently, many people who are declared incompetent and then
committed to mental health and retardation facilities do not
have legal guardians. I ask you to provide for automatic court
appointment of guardians for these people.
We know that inflation and recession affect us all, but their
impact is greatest on the poor, especially families with only
one parent. I am therefore recommending that assistance to these
families be increased from 79 percent to 85 percent of the
approved standards of need.
Florida has been nationally recognized for steps we have taken
to significantly reduce fraud in this program.
I also would like to call to your attention a pilot program being
planned in Jacksonville, in which family assistance payments
would be pooled with other resources to pay salaries in a jobs
program for the chronically unemployed. This is one way we
can help those in need make a transition to self-reliance and off
the welfare rolls.
We must continue assisting the development of local plans
to better serve our older people, the unemployed, the handi-
capped and the poor.

Transportation
We need better roads in Florida. We need to repair or replace
many of our bridges. We need to complete our interstate system.
And we need to make a substantial commitment to mass transit,
so that it can become a reality rather than a promise for the
future.
But a construction dollar today is worth only a little more
than half of what it was worth 10 years ago. And, since 1973,
there has been only about a two percent average annual increase
in motor fuel revenues.

Our transportation needs now exceed our transportation re-
sources and have reached a critical state.

For years, ardent supporters of a user tax approach have said
that money from motor vehicle license fees should be used for



transportation. A portion of those fees now is constitutionally
earmarked for paying off school bonds in lieu of property taxes.



This program will continue. From the remaining portion of the
license fees, we have an opportunity now to earmark about $87
million for transportation, avoiding the need for an immediate
increase in the gasoline tax. This is a desirable course to follow.
Increased sales taxes would replace this money in general
revenue.
The transportation message I presented yesterday detailed
priorities for a more efficient and balanced transportation
system. I urge you to give this program your most serious con-
sideration.

Economic Development
February unemployment figures for Florida reflect the severity
of our unemployment problem. Nearly 290,000 of our people
are out of work.
Joblessness is even more critical among young people. For,
while overall unemployment in Florida is 8.1 percent, the figure
for those between the ages of 16 and 19 is more than 18 percent.
And the figure for black youth in that age group is an astonish-
ing 37 percent.
We have embarked on an intensive economic development
program to expand our economy, and because we realize economic
development is a long-term jobs program.
My recent visits to New York and Europe have been encourag-
ing. We have explained that the climate is as good in Florida for
business as it has always been for people. We have learned that
Europeans, like Americans, are looking increasingly to the South-
eastern United States for investment opportunities. And we
want Florida to realize its share.
I am convinced that the impression we made will translate into
new interest in Florida by both foreign and domestic investors
in the months and years to come.
Our expanded economic development efforts in 1976 resulted in
the location of 50 new firms in Florida-creating 5,300 new jobs
and a taxable capital investment of more than $87 million. In the
first nine months of this fiscal year, our efforts have created an
additional 7,000 new jobs.
This is a good beginning. We must continue this vital pro-
gram.
Our research indicates 80 percent of Florida's economic
growth potential rests with expansion of present businesses.
We must create an atmosphere conducive to this kind of growth.
And we must also do what we can to help smaller businesses in
Florida. I urge you to establish an office within the Division
of Economic Development to determine the problems of small
businesses so we can appropriately assist them.
As we seek to diversify our economy, we must continue
strengthening the position of two of Florida's most important
industries, tourism and agriculture. These two mainstays have
seen us through difficult times in recent years.
In our quest for increased tourism in parts of Florida, we
should not resort to an artificial solution such as casino
gambling. I am aware this idea has attracted some new sup-
porters, but I am convinced it would be a tragic mistake for
Florida. I continue to be unalterably opposed to it.

Criminal Justice
Many Floridians live in fear-in their homes, in their com-
munities and in their hearts-because of crime. Despite a



welcome decrease in the volume of offenses reported last year,
crime remains a serious problem.



15



April 5, 1977









16



We must provide the law enforcement community with
tools to effectively combat crime. I have already submitted
my proposals for doing this.
The new council for prosecution of organized crime must
have an adequate budget. We also need the benefit of anti-rack-
eteering, use immunity and anti-fencing statutes.
My recommended budget provides additional agents for the
Department of Criminal Law Enforcement, state aid to local
crime laboratories, and a permanent staff for the statewide
grand jury.
We need a program to assist victims of crime. To begin, I
recommend we provide compensation only for medical ex-
penses incurred as a result of a crime, until we have experi-
ence to consider possible extensions.
It is my sincere hope this session will provide legislation
to reduce the deadly potential of handguns in Florida. Just
as we license automobiles and boats-out of a concern for
public safety-we certainly should register handguns, instru-
ments of violence. A sufficient "cooling-off" period should be
required between application for purchase and actual possession
of handguns.

Offender Rehabilitation
Since I became Governor in 1971, the inmate population in
our prisons has risen from about 9,000 to almost 19,000-more
than double. We have made a major effort to respond to this
growing problem.
In the last two years, we have spent about $76 million
for prison construction-79 percent of all general revenue
appropriated for construction. But we must do more.
I have proposed major increases for the Department of
Offender Rehabilitation to operate existing facilities, to open
new ones, and to build or expand other facilities.
I recommended and supported a mandatory three-year prison
sentence for felonies committed with a gun, and I sincerely
believe it has helped. But, at our present rate of incarceration,
we should carefully weigh the consequences of other mandatory
sentences. We are fighting an expensive catch-up battle to
provide necessary prison facilities and should not create a
situation in which we are forced by the federal courts to make
wholesale release of inmates.
In addition to recommendations contained in this budget
for the coming fiscal year, our best projections indicate that
in the following fiscal year-1978-79-we will have a 220-
inmate increase per month. This would require an additional
expenditure of $73 million-just to keep pace.
It is imperative that we find alternatives to incarceration,
to reduce the inmate population and rehabilitate those who can
return to society as productive members.
I have proposed a statewide system of probation and resti-
tution centers for selected non-violent offenders who tradi-
tionally go to prison. Inmates chosen for this "half-in" program
would continue to work in their communities, pay a portion of
the cost of their residency in the centers, and make restitution
payments to their victims.
We must provide more personnel to improve supervision of
parole and probation programs.
To ease the stress on the criminal justice system, I have
also proposed a statewide pre-trial intervention program to



divert selected lesser felony cases from the existing judicial
process. This program would delay prosecution while the de-



April 5, 1977



fendant is screened, investigated, and considered for possible
probation. Restitution would be required, and supervision would
be more intense than in regular probation.

Environment
Florida's commitment to environmental quality must be
continued.
Because we were not satisfied with the environmental costs
or the economic benefits, a cabinet majority and I have
recommended against completion of the Cross-Florida Barge
Canal and have asked Congress to de-authorize completion of
the canal. It is now time for the legislature to speak on this
issue and abolish the canal authority, transferring this re-
sponsibility to the Department of Natural Resources.
Once again, I urge legislation to protect Florida's wetlands,
a precious and vital element in nature's cycle. After the legisla-
ture acts on this proposal, Florida-rather than the federal
government-can assume primary responsibility for wetlands
protection. A wetlands law also will improve Florida's position
for receiving federal funds to protect coastal zones.
There are approximately 10,000 public water systems in
Florida today. To the extent that we can, we must assure the
people that their water will be fit to drink. Our present laws,
however, are inadequate. We need a Florida safe drinking
water act to provide a minimum standard of water quality.
And again, such action will enable our state, rather than the
federal government, to assume this primary responsibility.
We also must give state health laboratories the capability to
conduct drinking water tests.
And, to insure that Florida air remains clean and safe, we
must continue our current air quality program with additional
support staff.
Also, the legislature must clarify its intent and give direction
to the coordinating council for the restoration of the Kissimmee
River and Lake Okeechobee.

Energy
The world's energy shortages constitute one of the greatest
challenges we face now and in the foreseeable future.
I urge the legislature to study a proposed Florida energy
policy developed through the combined efforts of state officials
and 250 citizens who served on regional energy action com-
mittees. Such a policy could help us to more efficiently use
current resources and to more wisely plan for the future.
I also recommend continued support for research at the
Florida Solar Energy Center. And I am requesting funds to
improve the energy efficiency in state buildings.
The legislature should also consider proposals aimed at
encouraging energy conservation by the public and by the pri-
vate sector. These measures would entitle Florida to federal
monies for energy conservation programs.

Automobile Insurance
Despite extensive work during recent legislative sessions,
auto insurance rates have increased beyond the reach of many
Floridians, and the number of uninsured motorists is still
growing as rates continue to increase. For better or worse,
most Floridians depend on automobiles for transportation. If
we are going to require them to be insured, then we must



do all we can to make adequate insurance available and af-
fordable.



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Admittedly, I don't have an answer to this very complex
problem. But I am certainly willing to work with those who
are seeking to find one.

Ethics and Elections
You have received my proposals for implementing the sun-
shine amendment and making necessary changes in our elec-
tion system.
As we extend the sunshine amendment to other public of-
ficials and employees at every level of government, our goal
should be to set meaningful and workable standards for fi-
nancial disclosure and other requirements. I support the two-
tier disclosure approach proposed by the Ethics Commission.
We need a statewide voter registration program to make
the democratic process more accessible to the people. Expanded
use of mobile registration facilities and elimination of out-
dated provisions would help accomplish this.
We should study the experience of programs in other states
designed to allow citizens to register and vote on election
day, to see if such a plan is practical for Florida. But a pre-
requisite to such a program is an assurance that the integ-
rity of the ballot will be safeguarded.
We need to address the whole issue of fundraising for candi-
dates and public officeholders, to reduce the potential for
abuse. Individuals should not be allowed to raise funds until
they have announced their candidacy. Excess funds after an
election should not be used for personal or political purposes.
The remaining funds should be returned to contributors, or
given to respective political parties or the State.
I recommend a study of public financing of elections to
determine if there are any political races for which such a
program can appropriately be applied in Florida. House
Speaker Don Tucker has displayed interest in this area. The
results of this study could be considered by the 1978 legisla-
ture and, if enacted, could be implemented before the 1978
general election.

Human Rights
Our democracy is founded upon a basic commitment to
human rights for all. The promise of equal opportunity, how-
ever, remains unfulfilled for too many people.
It is time for Florida to approve the equal rights amend-
ment, to assure that the promise of opportunity is kept.
Simply to add these few words to the United States Constitu-
tion-that "equality of rights under the law shall not be de-
nied or abridged . on account of sex"-would renew our
commitment to human rights.
I recommend strengthening the Human Relations Commis-
sion. We must clarify the appointing authority and more
clearly define the Commission's responsibilities, providing it
with the capability to carry out those responsibilities.
In keeping with a federal mandate, the legislature must
act this session to extend unemployment insurance to farm-
workers and domestic workers.
I commend the legislature for its initiative in studying the
problems of farmworkers, and I ask you to consider provid-
ing a collective bargaining mechanism through which farm-
workers can represent themselves.

Government Organization



To better serve the people, we must make government more
efficient and more accountable.



I support the concept of making the Public Service Com-
mission a five-member body, appointed by the Governor and
confirmed by the Senate. This would broaden the range of
expertise on the Board and provide for better representation
of the public.
We also must provide consumer representation on profes-
sional boards under the department of professional and oc-
cupational regulation so that confidence in the boards' ability
to actually serve the people will not be eroded.
I also recommend that the Department of Business Regu-
lation be reorganized, with the department head a Secretary
under the Governor. This will enable us to better pinpoint re-
sponsibility. The Board of Business Regulation would continue
to serve an important role but would not retain administra-
tive control of the Department. I also propose giving the De-
partment adequate enforcement authority over industries it
regulates, including pari-mutuels, beverage and land sales.

Studies from our uniform accounting system confirm that
the thoroughbred industry is in a critical state and is in need
of help. We must build greater equity into the system for
the thoroughbred tracks.
We must eliminate overlapping authorities in our state
health inspection program, defining the respective roles of the
Departments of Business Regulation and Health and Reha-
bilitative Services. If you decide to place this responsibility in
one department, I recommend that it be given to health offi-
cials in H.R.S. and the County Health Departments.
I want to work with you as we review Florida's brief ex-
perience in collective bargaining, but I would like to express
my continued opposition to binding arbitration.
We must insure that public employers bargain in good
faith. And we must broaden the statutory definition of "strike"
to include overt preparations, such as establishment of strike
funds. Unions involved in such actions would be subject to
the same penalties we now impose on public strikes, which
are clearly prohibited by the Florida Constitution.
In view of the important responsibilities involved, I am
recommending that the legislature make the Public Employees
Relations Commission a full-time body, reduced to three mem-
bers, with a salary comparable to that paid under law to
judges of the District Courts of Appeal.
I have recommended $2 million to assist in the development
of local comprehensive plans, as required by the Comprehen-
sive Planning Act of 1972, and within a few weeks I will be
submitting major components of the state comprehensive plan
to the legislature.
We need to hold the 1978 legislative session earlier than
usual. I have discussed this with Speaker Tucker and Presi-
dent Lew Brantley, and we are in agreement. This would pro-
vide sufficient time for work of the Constitution Revision
Commission and also would enable those legislators appointed
to the Commission to fully participate in the process before
the issue goes to the voters in the fall. I also recommend
legislative restraint in proposing any constitutional amend-
ments, to avoid a possible conflict with the Commission's ulti-
mate product.

As we look ahead to next year, I again want to recommend
a biennial approach to budget-making, coupled with annual
review, to enable us to more efficiently allocate our re-
sources in meeting the needs of the people.



I have outlined a lengthy agenda--a catalogue of many of
the most pressing problems that confront Florida.



April 5, 1977



17










JOURNAL OF THE HOUSE OF REPRESENTATIVES



We have an opportunity to build on the foundation of our
past accomplishments.
Our job now is to set priorities and to devote the necessary
resources that will make Florida an even better place in which
to live.
Lieutenant Governor Williams and I extend our sincere best
wishes and our pledge to work with you and your leader-
ship for a most productive session. Thank you.

Governor's Supplementary Message on Budget and Taxation

Honored Members:
Pursuant to law, I respectfully submit herewith my recom-
mendations to finance the responsibilities of state government
and to provide assistance to counties, cities, and school districts
during the 1977-78 fiscal year. This recommended budget pre-
sents, in terms of dollars, a detailed plan showing where the
State of Florida needs to go and what we need to do this
twelve-month period.
This is the seventh budget I have had the opportunity to
recommend to the Legislature. As in the past, it is the result
of a detailed and demanding process which weighs relative
needs and values, establishes priorities, and makes determina-
tions on the level of funding required for the responsible
operation of various programs and services. In order to properly
address the problems at both the state and local levels, however,
it was not possible to balance this recommended budget within
anticipated revenue from current sources.
Since I submitted my first budget recommendations to the
1971 Legislature, we have made particular progress in more
adequately providing for our schools, in addressing the prob-
lems in our prison system and our courts, in striving for more
productivity and efficiency in government, and in improving the
necessary services provided for those who cannot provide for
themselves. Through our Fair Share Tax Reform Program we
have been able to remove many of the inequities and deficien-
cies of the old tax system. And in so doing, we have been able
to repeal more taxes than have been imposed.
Unfortunately, during this same period the price of goods and
services, as reflected in the Consumer Price Index, has increased
more than 50 percent. Because Florida has continued to grow,
there also have been significantly more people to be served.
In addition, since the 1974 recession, Florida has also faced un-
usual economic problems which have affected us all. For
example, personal income per capital has dropped below the
national average and our citizens have fewer real dollars in
terms of purchasing power.
While the people of Florida have truly suffered during these
economic difficulties, state government has likewise faced seri-
ous financial problems. In fact, state tax collections have not
kept pace with the population and income growth of Floridians.
In the past two years, as we experienced the worst economic
problems in decades, we have struggled to cut every possible
dollar from the budget so that priority programs could be
maintained without imposing new taxes. Revenue shortfalls
forced holdbacks in appropriated funds for two consecutive
years. Productivity was increased in virtually every program.
New programs and new positions were held to a minimum.
Every effort was made to get more for each tax dollar and
to avoid spending any money that did not have to be spent.
As a result, we have been able to hold the growth of the
general revenue budget to less than half the rate of inflation



since 1974-75. And, the amount appropriated by the 1976 Legis-
lature still was less than the total appropriated in 1974.



We are, of course, continuing and expanding our efforts to
improve productivity and efficiency. Faced with estimated rev-
enue which totals only 3 percent more than was appropriated
for the current year, it is not possible to adequately provide for
the coming year without considering additional resources.
Our concern for the poor, the needy, and those who must
depend upon the state for food, care, treatment and rehabili-
tation must not be unrealistically limited by the amount of
money that happens to be available. Our responsibility to pro-
tect the public, to provide adequately for the education of our
youth, and to maintain other necessary services of government
is not diminished by a revenue shortfall. We must determine
the level of funding necessary after full consideration of the
needs and concerns of all our citizens.
Traditionally, more than half the general revenue budget fi-
nances the various educational programs from kindergarten
through graduate school. The needs of education are great. And,
while it is not always possible to provide the amounts that may
be desired, it is necessary that we spend all we can afford
on educating the children of this State. I believe that the total
recommended in this budget will adequately finance educational
programs for the coming fiscal year.
I am recommending $1,689,200,000 in state funds for public
schools, community colleges, universities, and the School for
the Deaf and the Blind, an increase of $161.6 million.
In public schools, I am recommending the full $63 per pupil
increase requested by the Commissioner of Education, or a total
of $817 for each pupil. In addition, I am also recommending
$4.4 million, a 42.5 percent increase in textbook funds to
adequately meet that need.
When we originally started equalization efforts our goal
was to equalize seven of ten mills, or 70 percent of the local
dollars. Since that time we provided funding to lower the school
ad valorem tax to 8 mills and in 1977-78 we are equalizing
6.4 mills of the possible 8 mills, or 80 percent of the local
dollars available, so that while we have not accomplished com-
plete equalization, we have made progress that exceeded our
original expectations. I remain committed to the goal of equali-
zation and it is my hope that more progress can be made in
future years.
In addition to the increases provided under the Florida
Education Finance Program, I am recommending $32 million
to implement a special remedial program originally proposed
by the Commissioner to improve the basic skills of low
educational achievers in the public school system. The con-
cept of providing special help where it is most needed is good,
and the evaluation requirements add a desirable measure of
accountability.
In recent years, the scores of Florida students have di-
minished considerably on college entrance examinations. At
the same time, the initial results of our statewide assessment
program have shown how we are falling short in providing our
children the basic skills they need and deserve.
I am convinced of the need for this remedial program. If
the Legislature agrees on the need, we must make certain that
the money is actually used to assist the students for whom
it is intended.
This $32 million, when coordinated with approximately $84
million in Federal funds, should provide a comprehensive com-
pensatory education program.
We must further be sure that administrative costs are mini-



mized and the maximum benefit from program dollars is
realized by the school children. If, however, the Legislature



18



April 5, 1977











does not agree to implement this program, then the total I
have recommended for public schools should be reduced by
this amount.
The increase I am recommending for public schools totals
$95.6 million in state dollars, which is the largest increase
that we have been able to provide for several years. Coupled
with local revenues and Federal funds, this recommendation
should provide sufficient funds for improving educational op-
portunities and achievement in public schools during the coming
school year.
For Community Colleges, I am recommending an increase of
$20.9 million. This will enable the colleges to meet an antici-
pated growth in student population and provide a 6.35 percent
increase in the basic allocation per student.
While the student population in our University System
does not exceed the level appropriated for last year, I am
nevertheless recommending an increase of $21.4 million. This
will provide for improved libraries, for meeting anticipated
price increases, for additional faculty members to replace some
graduate assistants in the instructional program, for increased
funds for equipment and book purchases and for other specific
improvements to be developed in detail by the Regents. I
am also recommending $10.5 million to keep salaries competi-
tive for faculty, administrative and professional personnel in
the University System. For the School for the Deaf and the
Blind, I am recommending an increase of $237,550 for opera-
tions, as well as $168,757 for competitive pay adjustments.
The rising costs of food, of utilities, and of all the basic
necessities of life have hit hardest at those least able to pay.
Many Floridians who are trying to work and be self-sufficient
have been forced to accept governmental assistance in order
to provide for their dependents. The fact that applications
for assistance since the 1974 recession have increased almost
65 percent is a reflection of the difficult economic times which
have affected us all.

Simply to provide for the additional numbers of the needy
will require an increase of $5 million in general revenue funds.
But, we also must recognize the economic effect that inflation
has had on those with little or no other income and provide
additional assistance for those who need it most. I am recom-
mending that the Aid to Families with Dependent Children be
increased from 79 percent to 85 percent of the approved stand-
ards of needs. For a family of four, this will increase the
maximum payment from $181.70 to $195.50 per month. This
increase of $13.80 each month will require an allocation of
$5.7 million from the General Revenue Fund.
To provide for rising medical costs, physician fees, changes in
the Federal matching formula, and increased medical needs
of the poor, I am recommending a general revenue increase of
$13 million or 14.5 percent in the State Medicaid Program. I have
also included $1 million to establish a statewide system among
doctors to monitor the Medicaid Program and improve its ad-
ministration to help insure that the program is not abused.

These budget recommendations will expand the child day
care program from $17.5 million to $19.6 million, enabling more
mothers in low income families to work, and it will properly
fund the statewide program to license and inspect day care
centers.
I am further recommending that we extend our efforts
to place more retarded individuals who do not require institu-
tionalization into group living homes in the community. And,



in the case of the severely and profoundly retarded, I am
seeking $25,000 for a study to determine the most effective,
efficient and safe way to house these individuals who are



19



now living in the multilevel Sunland Centers in Tallahassee
and Orlando. I have also included $4.0 million to begin con-
struction of those facilities upon completion of the study.
My budget for the Department of Health and Rehabilitative
Services also recommends:
-$824,400 for improved staffing of the Forensic Unit at
South Florida State Hospital in Broward County;
-an additional $1.1 million to better serve the emotionally
disturbed children at the Northeast State Hospital in Macclenny
and the Mental Health Institute in Tampa;
-$500,000 for improvements in Florida's Emergency Medical
Services Program to provide ambulance equipment and tech-
nical training;
-$1,570,000 to improve the effectiveness of counselors work-
ing with youthful offenders by reducing their caseloads.
The necessary increases, together with limited additional
amounts primarily for meeting rising prices and increased
workloads in the various other services delivered through the
Department of Health and Rehabilitative Services, account for
$39.1 million in general revenue funds over the amounts ap-
propriated this year. These dollars, along with an additional
$60.2 million in Federal funds and other sources of revenue such
as patient fees, provide a total increase of $99.3 million for
these human services.
One of the biggest problems that has faced the State of
Florida over the past few years has been the drastic increase
in the population of our prison system. We have made a major
effort to provide sufficient money, manpower and facilities
to incarcerate, and hopefully rehabilitate, those convicted of
crimes and sentenced to prison terms. We have developed
several programs to prevent persons from being sent to jail
unnecessarily and to get eligible inmates back into productive
lives in the community as soon as possible. Yet the number of
inmates is anticipated to grow by some 2,640 next year, a rate
nearly five times the growth rate of our population.
New institutions have been opening each year and we must
start additional new facilities so that they will be completed
in time to accommodate the continuing growth. In order to
operate current facilities, to open the new institutions which
will be completed in 1977-78, and to provide for the increased
price of food, clothing and other supplies and materials which
must be purchased for the operation of the system, I am
recommending an increase of $21.9 million in general revenue
funds. This includes financing for 1,163 positions to staff
the new institutions in Dade, Baker, Polk and Hendry Counties
and the expansions to existing facilities. It also will fund 245
positions for improved staffing throughout the system for
better control of inmates and 83 positions for necessary im-
provement in inmate medical services.
To continue our efforts to provide sufficient space for the
detention of growing numbers of inmates, I am recommending
$38 million to increase our prison capacity by 2,496. This
amount will allow us to begin building three new institutions,
including a maximum security facility in South Florida. It
also will allow us to complete the institutions we have started
in Baker and Dade Counties and expand four other facilities.
At the same time, I am recommending that we increase
our efforts to divert selected minor offenders who do not need
to be sent to a state prison and to provide better supervision
for inmates who can leave the prison system and return to



society. As an alternative between probation and prison, I
am recommending that we spend $1.3 million for expanded pro-
grams to house 270 persons for whom judges would not



April 5, 1977



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



otherwise approve probation. This "half-in" concept will pro-
vide the opportunity for these persons to continue their jobs
and remain in their communities until they are ready to
return to their homes. These people, based on their ability,
will be required to pay the additional cost of this type of super-
vision. I am also recommending $443,744 to expand programs
of pre-trial diversion statewide. This program has operated
successfully in nine judicial circuits and should be implemented
throughout the State. Finally, I am recommending $2.2 million
and 205 positions to improve parole supervision and provide
the necessary level of guidance for those approved for release
from the system.
Florida has invested billions of dollars in our highway
system over the years in order to build a safe transportation
network which will properly accommodate travel for busi-
ness and pleasure. Many millions more are needed to complete
our Interstate System, to maintain the roads and bridges
we now have, and to assist local governments in providing
mass transit facilities. Energy problems and unusual economic
conditions have contributed to the development of a substantial
gap between the revenues produced from the sale of each
gallon of gasoline and resources needed to meet those needs.
At the same time, we have experienced rapid increases in the
cost of building and repairing the many miles of roads.
To protect this investment, and to build for the future and
provide needed additional assistance to local governments in
meeting transportation requirements, I am recommending gen-
eral revenue funding of $87.3 million, which is equivalent to a
two-cent increase in motor fuel taxes. I also am recommending
that the motor fuel tax be annually adjusted to wholesale
petroleum prices so that transportation revenues can begin
to keep pace with rising costs in the future. Our current tax
method, based on gallons of consumption, has not and will not
increase as rapidly as inflation and transportation needs. This
proposed change in transportation revenues will provide for
the maintenance of our multibillion dollar investment, improve
the safety of our highways for the traveling public, and
assure that we will be able to match Federal allocations. It
also will relieve local government of the responsibility for pur-
chasing primary right-of-way, allow the State to pay for high-
way water and sewer line relocation, and give counties control
of the fifth and sixth cents of the Gas Tax, previously ad-
ministered by the State. In addition, these additional funds
will provide $10 million for acceleration of interstate construc-
tion in 1977-78, or a total of $70 million over a five-year
period. It also will finance the state share of the construction
costs for the Dade Area Rapid Transit System. This will allow
the State to provide in 1977-78 the first $2.1 million of the
total state commitment of $72.5 million in construction funds
for this mass transportation project.

Some major program areas covered by this budget proposal
have already been outlined. In addition, I have summarized
here some other important recommendations:
-Just as economic development and tourism promotion have
been a high priority this fiscal year, these efforts must con-
tinue as we seek to expand our tax base and to provide jobs.
To that end, I am recommending a 1977-78 total budget for
economic and tourist development of $7.6 million, an increase
of about 16 percent over the current $6.5 million.

-I have recommended a $1.8 million increase in the Depart-
ment of Criminal Law Enforcement's current $4.7 million budget
and have requested 25 additional law enforcement agents. And
I am also seeking to substantially bolster the capabilities of



our State Crime Labs, as well as assisting local crime labs
through financial grants.



-To counter the potential for on-track crimes in our pari-
mutuel establishments, this budget provides eight additional
on-track inspectors, which will quadruple the number of man-
hours devoted to this problem. Four additional positions also
are budgeted for auditing in the pari-mutuel industry.
-Eighteen additional positions to improve audit capability
in the Department of Revenue, at a cost of $272,000 will help
Florida realize additional revenue and strengthen our tax en-
forcement program.
-An appropriation of $674,000 is recommended for the de-
velopment and implementation of a state energy conservation
plan to reduce energy demands on nonrenewable fuels at least
five percent by 1980. I have also included $2.0 million in capi-
tal outlay funds for cost beneficial energy saving projects in
state buildings.
-Safeguarding Florida's drinking water will be enhanced by
a budget increase of $448,000 or 72; percent in the State's per-
mitting and inspection program;
-To finance the Constitution Revision Commission, which
begins its work shortly after the 1977 Legislative Session, I
am asking for $200,000;
-I am recommending that the annual freshwater fishing li-
cense fee be increased from $3 to $6 and the hunting license,
which has remained at $7.50 since 1942, be increased to $16.50.
This will bring in an additional $4,150,000 to better manage our
wildlife and fisheries resources.
-I have requested a $208,000 appropriation to enable the
Department of Natural Resources to improve management
of state-owned lands.
If we are to be successful in our continuing efforts to im-
prove efficiency and to conduct the business of government in a
businesslike manner, we need to keep State salaries competitive
with those paid by other employers. Unless necessary adjust-
ments are made, we cannot hope to compete with private em-
ployers and local government which also are seeking well-
qualified employees. Last year, after a detailed pay survey, I
recommended the amounts necessary to bring career service
salaries up to competitive levels. The Legislature appropriated
about 70 percent of the recommended adjustments. Now, I am
recommending that $9.8 million in general revenue funds be
appropriated for the remainder of last year's recommendation
and that an additional $23.8 million be provided to finance fully
the competitive adjustments determined to be necessary in the
pay survey conducted during the current fiscal year for career
service positions.
There are some areas of the State where the competitive pay
scale for specific jobs significantly exceeds the statewide levels
included in these recommendations. To address this problem and
more nearly meet local competition, I am recommending that
an additional $5.3 million be appropriated. The career service
compensation package I am recommending also includes $13.6
million for a three percent merit or incentive pay increase and
$1.7 million to implement, for State law enforcement officers,
the training incentive payments which the State has required
for local officers for years. These adjustments for the Career
Service System will require $54.2 million in general revenue
funds, plus $41 million from Federal funds and other trust
funds, for a total of $95.2 million.

To present a balanced budget and meet Florida's transpor-
tation needs on a continuing basis without increasing the



gasoline tax two cents, my recommendations require tax in-
creases and adjustments which will provide $298.7 million for



20



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



the General Revenue Fund during the 1977-78 fiscal year. These
recommendations include an increase in the sales tax, from four
to five percent of taxable sales on all items except farm ma-
chinery, which continues at three percent. In addition, I am
recommending a reduction in the sales tax on commercial
energy usage from four percent to three percent to provide
some relief for business. Residential energy has been totally
exempt from sales tax since 1971. I am also recommending a
$49 million increase in the tax rate on liquor, wine and beer,
plus smaller increases which I am recommending primarily
for equity considerations.
"The tax on the ever-increasing price of electrical utilities has
long been one of my concerns. We have removed the sales tax
on household utilities, and I have promised to address the
Municipal Utilities Tax which is charged on most monthly utility
bills, and can increase those bills by as much as ten percent.
Therefore, I am recommending the tax on electrical energy,
now based on the dollar amount, be converted to a flat rate
per kilowatt hour and that the first 750 kilowatt hours per
month for residential use only be exempt from utility taxes.
This will mean relief to most Floridians on necessary usage
of electrical energy while continuing the tax on large users
as an energy conservation incentive. To provide this tax
relief, I am recommending that the State reimburse the cities
$32.7 million through the Municipal Revenue Sharing Trust
Fund.
A persistent problem which has been aggravated by infla-
tion is the burden of property taxes on those with low or fixed
incomes. I am recommending $50 million to offer relief for these
people when that burden becomes excessive. Called a "circuit
breaker" approach, this program would assure that a person's
property tax does not exceed a fixed percentage of his or her
income, and covers both homeowners and renters. While renters
do not pay property taxes directly, they nonetheless bear that
burden through their rent and are just as entitled as home-
owners to property tax relief. And, at a time that Florida con-
tinues to suffer high unemployment, this program is particu-
larly appropriate. The income requirements of this program
insure that the benefits go only to those in need. Details for
effective and efficient administration of this program will be
developed with the appropriate legislative committees.

As we consider our efforts to promote Florida for economic
development, I am concerned that the property tax on business
inventories is placing Florida at a competitive disadvantage
with neighboring states which do not impose such a tax. There-
fore, I am recommending a reduction in the assessment level of
all items of inventory from 25 percent to 10 percent of value for
property tax purposes. In carrying this out, the State would
provide $22.5 million in replacement revenue to local govern-
ments and school districts.

Money which goes into the Municipal Revenue Sharing Trust
Fund for our cities--primarily cigarette tax revenue--has not
kept pace with the cost of services which cities must provide.
And, because of the 10-mill property tax cap, many cities have
had a difficult time providing an adequate level of services.
In recognition of the squeeze on city revenues, I am recom-
mending a one-cent increase in cigarette taxes to provide
$11.5 million additional revenue for cities. Of this amount $2
million would be earmarked to help local governments meet
the requirements of the Local Comprehensive Planning Act to
properly plan for the orderly growth and development of our
State. This $2 million would be earmarked for this purpose
for each of the next two years, and then the entire amount



would flow to the municipalities through the regular revenue
sharing formula.



21



Time has not permitted my including in this document my
recommendations on eliminating duplication of restaurant in-
spections, or a program to meet the facility needs of forensic
patients in our mental health program. I plan to submit these
supplemental recommendations prior to the beginning of the
Session.
The total of the budget I am recommending from general
revenue and federal revenue sharing funds is $2,879,875,319 in-
cluding $1,372,198,798 for state operations, $1,435,662,821 for
Aid to Local Governments, and $72,013,700 for Fixed Capital
Outlay. The total which I am recommending from all funds, in-
cluding federal and trust funds is $5,531,187,858, an increase of
$386,573,802 or 7.5 percent.
Because of the changing economic conditions during the
time when these recommendations were being prepared, it has
not been possible to submit these recommendations as early as
I would have liked. This document does, however, address the
problems and the issues in terms of the conditions currently
anticipated during the 1977-78 fiscal year and these recommenda-
tions should be fully considered in the legislative budget pro-
cess.
Sincerely,
Reubin O'D. Askew
Governor

Governor's Supplementary Message on Ethics and Elections
Honored Members:
When delegates to the Constitutional Convention met in
Philadelphia in 1787, they were anything but united. Great
differences separated them as to the form any national gov-
ernment might take. Doubt was expressed whether any agree-
ment could be reached. But George Washington advised: "Let
us raise a standard to which the wise and the honest can
repair."
We cannot hope to always have agreement in a democratic
government. And this session of the Legislature, in this State,
will be no exception. But we should have standards to help
assure that the integrity of government is preserved as we
attempt to reconcile the differences among us.
Recent years have been marked by significant achievement
by both the Legislature and the people in raising such stand-
ards. The "who gave it- who got it" campaign disclosure pro-
visions, gift reporting, conflict of interest legislation, and
creation of the Ethics Commission represented substantial ef-
forts on the part of the Legislature to set a higher standard
in government. Many present members participated in these
efforts.
In November, 1975, the people embarked on the first suc-
cessful use of the initiative in Florida history, culminating in
overwhelming voter approval of a comprehensive ethics amend-
ment to the Florida Constitution in the November, 1976 general
election. Public sentiment on this subject is unmistakable.

The Sunshine Amendment is a strong ethics provision, but
our efforts cannot be regarded as complete with its passage.
Because a constitution must be a statement of broad principle
-capable of enduring and evolving with passage of time-the
Sunshine Amendment was not intended to address every ethics
issue. The amendment establishes a foundation and a frame-
work on which'we can add the specificity that statutes permit.

I am confident the Legislature will respect the expressed



desires of the vast majority of Florida voters and move, in
good faith, to further extend the Amendment. The Amend-



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



ment leaves to the Legislature sufficient flexibility to carry out
the will and intent of the voters. However, we in government
cannot accept a retreat from this constitutional mandate.
The first critical issue that must be addressed is extension
of the financial disclosure provision of the amendment to
other elected and appointed officials. This is an area in which
we must move with caution, for financial disclosure can be a
double-edged sword. Disclosure is of significant value in dem-
onstrating that public officials are indeed working for the
public interest rather than for their own private gain. But,
particularly in areas in which people serve for little or no pay,
disclosure might inhibit efforts to attract outstanding people
to public service. We must recognize this problem as we move
to extend the amendment.
I believe there is a distinction between certain types of pub-
lic office, or public employment. It should not be necessary to
require the same disclosure of a member of a local library
board that is required of a member of the State Board of
Business Regulation. Nor is it reasonable to require the same
of an elected member of a mosquito control district that we
ask of the Governor.
That is why I believe we should recognize that differences
do exist between the kinds of public officers in Florida by
establishing two levels of disclosure. And that is why the
Sunshine Amendment applies its strict standards only to those
persons occupying offices created by the Constitution-in ef-
fect, major state and county officers-and leaves flexibility
with the Legislature to address other offices with the pre-
cision the statutory process allows.
It is my recommendation that, at least initially, we move
cautiously in extending the strict disclosure provisions of the
amendment beyond constitutional officers. I believe we should
immediately include major state appointive officials whose
responsibilities include decisions of great financial interest.
The Board of Business Regulation, other boards appropriately
designated, and the appointive secretaries of the executive
branch should be included. We should also make it clear that
the strict standards apply to elected officials of charter coun-
ties and consolidated governments, just as they apply to elect-
ed constitutional officers in non-charter counties.
Beyond those officials, I recommend we use a second tier of
disclosure similar to that proposed by the Ethics Commission.
This proposal would require disclosure of all sources of in-
come above $1,000 within dollar ranges rather than specific
amounts. Thus, for the second level of officials and employees,
we would require greater disclosure than is presently required,
but less than the stricter disclosure provision of the Sunshine
Amendment.
I further recommend that the Legislature establish by stat-
ute an option for local government, to allow local governmental
bodies to select either of the two forms of disclosure. The
principle of home rule is a fundamental element of Florida's
government. In keeping with the spirit of that principle, use
of the local option would enable any city or county govern-
ment, by ordinance, to require designated officials and em-
ployees to file under the Sunshine Amendment standards in-
stead of making second tier disclosure. This would provide
the flexibility to recognize the difference between a large city
government and a very small city in which officials often
serve without compensation.
If we later encounter problems with local governmental
bodies involving potential abuses of power, it might be de-
sirable then to include all municipalities in the stricter dis-
closure requirements. At that point, we can consider that issue



and weigh it with the experience acquired in the interim
period. Certainly, the Legislature would retain the authority



to upgrade disclosure required of state appointive officials and
employees.
We must keep in mind that all these efforts should be
geared toward building and enhancing public confidence in
the disclosure process. Provisions must be written in language
that is clearly understandable-to dispel potential confusion
that could inhibit public confidence in the process. Provisions
approved by the Legislature should be consistent with the
intent of the Sunshine Amendment, but they should not be so
complex as to impose an onerous burden on the officeholder
or employee. Disclosure language should be simple enough to
promote compliance by those covered, rather than be so com-
plex as to necessitate professional accounting assistance for
an individual to comply. This is a new concept in Florida
government and, undoubtedly, we will encounter initial prob-
lems in putting the law into effect. This is all the more reason
for the Legislature to move with cautious deliberation.
I hope to work closely with Representative Sid Martin and
the House Committee on Standards and Conduct, as well as
with appropriate members of the Senate, in the development of
this legislation.
Another provision of the Sunshine Amendment that re-
quires further implementation is the section prohibiting the
appearance of certain elected officials before any board on
which they served in the two years following their departure
from the respective board. To the extent that law and the
Constitution permit, we should consider extending a similar
prohibition to other appointed and elected officials. I recommend
that all elected officials be included who are not now covered
by the Sunshine Amendment. I strongly urge the Legislature to
adopt comprehensive legislation to ensure that public officers
and high ranking state employees do not use their public service
career, and contacts developed in that capacity, to later enrich
themselves at the expense of the public. This would increase
public confidence that matters coming before our agencies and
boards are decided on their merits.

ELECTIONS
The mechanism by which we make our democracy work-by
which we select our representatives to operate our govern-
ment-is the election process. This process is governed by
election laws which, unfortunately, are disorganized and con-
fusing. This condition of the election laws has an adverse
effect on the ability of our selection process to function in
an orderly and understandable fashion. Both citizens who regis-
ter to vote and candidates seeking political office suffer as a
result. It is most important that the Legislature take steps
to make our entire elections code more concise and compre-
hensible by all elements of the community.
Disturbingly, current electoral trends indicate that increas-
ing numbers of our citizens are not participating in the political
process. The following chart reflects the disparity between
the number of voting-age citizens eligible to vote and the num-
ber of citizens actually registering and voting:

NATIONAL ELECTION DATA (votes cast for President)



Voting Age
Population
Eligible to Number
Year Vote Registered



1964 113,930,000

1968 120,353,000
1972 139,642,000
1976 146,548,000



Not
Available
82,029,426
94,093,489
97,761,000



% of
Number Eligibles
Voted Voting
70,641,128 62.0



73,3i59,762
77,738,511
82,090,924



60.8
55.7
56.0



% of
Registered
Voting
Not
Available
80.8
82.6
83.9



22



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Election Data from: Hearings on Postcard Voter Registration
before the Subcommittee on Elections of
the Committee on House Administration,
April 8-9, May 8, 1975.
1976 data based on early report of the
U.S. Census Bureau.

FLORIDA ELECTION DATA (votes cast for President)
Voting Age



Year
1964
1968
1972
1976



Population
Eligible to
Vote
3,516,000
3,924,00
5,10,5,000
6,186,644



Number
Registered
2,501,546
2,765,316
3,487,458
4,094,308



% of
Number Eligibles
Voted Voting

1,854,481 52.7
2,187,316 55.7
2,583,283 50.6
3,150,631 50.9



% of
Registered
Voting
74.1
79.1
74.1
76.9



Election Data from: Florida Secretary of State's Office
1976 voting age estimate from Florida
Statistical Abstract, July 1, 1975, p. 479
The 1976 statistics are particularly alarming. Nationally,
only 67 percent of our voting age citizens are registered to vote.
To further illustrate the decline, only 56 percent of those
eligible to register to vote actually did vote. In Florida, 66
percent of our citizens are registered, but barely 50 percent of
the voting age population eligible exercised their right to vote
in the last general election. Therefore, it is incumbent upon the
elected leaders of Florida to take a critical look at our electoral
process, with emphasis on making changes that will heighten
public interest and participation.
The first area for review should be our system of register-
ing voters. Our system must be streamlined to remove obsta-
cles and to encourage more citizens to register to vote. Some
particular elements of that process should include a statewide
plan for voter registration, expanded use of mobile registration
laws, and the elimination of antiquated registration provisions.
The Legislature should critically review new methods for
registering voters that have proven successful in other states.
For example, registration programs that allow citizens to
register and vote on election day-now in effect in Wisconsin
and Minnesota-should be considered. The results in Minne-
sota have been highly significant. Nearly 22 percent of the
1.9 million citizens who voted in that state in November were
not registered until they reached their polling place on election
day. Before any such system is established, however, it is im-
perative that we make certain that the integrity of the ballot
is protected.
Another state plan that deserves review is Michigan's use
of the state motor vehicles computer and driver's license exam-
ining facilities to register citizens. Michigan citizens can con-
veniently register at the same time a driver's license is renewed.
This system also has proven effective in increasing the num-
ber of registered voters.
Our goal this session should be to develop a voter registra-
tion system in Florida that enhances the ability of citizens
to exercise their right to vote. Only through increased par-
ticipation can government truly become responsive to the
wants and needs of the people. If we, as public officials, allow
citizen participation levels to continue declining without trying
to reverse the trend, our political system will lose its viability,
and a decline in public support for the actions of political leaders
almost certainly will lead to a decline in our ability to govern.
It is my recommendation that the election law recodification
should at least reduce the voter registration book closing dates



from 45 to 30 days prior to election day. Secondly, the registra-
tion books should be purged every fourth year, not every second
year.
Finally, in the area of testimonial events, the law should be
tightened to prevent potential abuse. In addition to specifying
the method for conducting and reporting such events, limita-
tions should be placed on how contributions from these events
may be utilized.
All of these things relate to specific concerns that must be
considered if we are to make our government more responsive
to the will of the people. The Legislature has already begun a
review and reorganization of our current election laws. The
joint effort by the House Committee on Elections and Senate
Judiciary-Civil Committee is commendable, and the leadership
in both houses has displayed a particular interest in this area.
I am committed to working with the Legislature in these im-
portant areas. As we seek better ways to make the democratic
process more accessible to the people, we also are working to
better earn the public's trust. And, through these efforts, we
are establishing standards to guide the future of Florida govern-
ment.
With kind regards,
Sincerely,
Reubin Askew
Governor

Governor's Supplementary Message on Criminal Justice
Honored Members:
Our efforts against crime in Florida have not been with-
out success. Soon the Florida Department of Criminal Law
Enforcement will release its annual report on crime in this
State. All the details of that report are not yet available. How-
ever, I can say now that, according to the FDCLE, the volume
of crime reported in Florida during 1976 decreased by 8,6
percent from that reported in 1975.
And there is other encouraging news. The number of murders
reported in Florida last year decreased by 20.3 percent. The
number of robberies decreased by 21.7 percent. Robberies with
firearms were down 33.2 percent. And the dollar loss of re-
ported property thefts in the State decreased by 15.2: percent.
These statistics are testimony to our firm opposition to crime
in Florida. However, they are not cause for complacency. For,
even with these welcome decreases, there remains the disturb-
ing fact that non-violent crimes have increased by 53 percent
and violent crimes have increased by 35.4 percent in Florida
since 1972. At least one crime is reported in this State every
54 seconds.
Rather than rest on our achievements in the fight against
crime in Florida, we must add to those achievements. We must
strengthen our law enforcement agencies. We must provide
ample resources for our prosecutors. And we must develop a
sophisticated system of law enforcement throughout the State
that is capable of meeting and matching the increasing sophisti-
cation of organized crime.
Organized crime exists on a large scale within Florida and
those who are involved engage in the same sordid pattern of
unlawful conduct which characterizes organized crime nationally.
At least 15 of the 27 publicly-identified organized crime "fam-
ilies" in the United States and in Canada are reportedly operat-
ing in Florida.



According to a report prepared by FDCLE for the Senate Ju-
diciary Criminal Committee last December, the estimated profits



23



April 5, 1977









24



of organized crime through gambling, narcotics, and financial
fraud alone in Florida now total more than $2 billion annually.
Moreover, the same report indicated that organized criminals
may own more than $1 billion in real property in this State.
There may be no way to determine exactly how much of Florida's
economy may be affected by organized crime. But these figures
certainly are suggestive of how very real and how very serious
this menace has become.
The harm done by organized crime in Florida can be measured
in deception of innocent investors, interference with free com-
petition, loss of tax revenues, and fraudulent abuse of both
merchants and consumers. All too often, that harm is reflected
in an attitude that excuses wanton immorality and condones
an atmosphere of criminality. Organized crime represents a sub-
stantial danger not only to our economic and political institu-
tions in Florida, but also to the safety and welfare of our people.
But organized crime need not always be with us. With com-
mitment-of ourselves and of our resources-we can meet the
threat that organized crime poses in Florida and elsewhere. It
is my firm belief that the following recommendations, if enacted,
would assist us in meeting that threat.

Council for Prosecution of Organized Crime
Florida presently has a localized system of law enforcement.
Prosecution of criminal offenses is handled by twenty elected
and independent state attorneys answerable only to the people
of their respective circuits. Investigation and arrest are primarily
functions of the sheriffs of the sixty-seven counties and the local
police departments. Powers of arrest and prosecution are limited
by city limits, county lines, and the boundaries of judicial cir-
cuits.
Unfortunately, organized crime does not respect these bound-
aries. Organized criminal organizations are generally multi-
county in nature. Florida's present system of law enforcement
does not provide an adequate mechanism to focus law enforce-
ment and prosecutorial efforts on criminal problems extending
beyond a single judicial circuit.
I have supported the concept of a prosecutor with statewide
jurisdiction. I believe that statewide jurisdiction, together with
a method of coordinating the efforts of the state attorneys of the
twenty circuits, is essential to our efforts against organized
crime. Creation of such an office and adequate delineation of
jurisdiction require constitutional change. With constitutional
revision imminent, I recommend that consideration of this im-
portant concept be a subject of the deliberations of the Con-
stitution Revision Commission.
Meanwhile, I am prepared to support a plan that has been
presented by the Florida Prosecuting Attorneys Association. The
Association is to be commended for its efforts to address the lack
of coordination now inherent in our prosecutorial system. I am
establishing a Council for Prosecution of Organized Crime com-
posed of five State Attorneys and headed by Ed Austin of Jack-
sonville. I ask you to support this effort with adequate ap-
propriations.
Particularly with respect to multi-jurisdictional crime, the
council will facilitate the exchange of information and movement
of expertise and resources to assist respective state attorneys
with their responsibilities. Each of the twenty state attorneys
has agreed to create a division within his office to work under
the direction of this new council, having organized crime control
as an exclusive responsibility.



The council will be aided by a permanent staff located within
the Office of the Governor. This staff will assist the council
and the Governor in marshaling the combined resources of



April 5, 1977



prosecutors, local law enforcement, the Department of Business
Regulation, the Department of Criminal Law Enforcement, and
other State and Federal agencies in a cooperative effort against
organized crime.
The council and staff should establish a permanent system
of records for the statewide grand jury so that each grand jury
would not start completely anew. Also, they should develop
a method of insuring reporting to the people and to the Legis-
lature about the activities of organized crime.

Anti-Racketeering Statute
I strongly recommend that Florida adopt an anti-racketeering
statute similar to the Federal Racketeer Influenced and Corrupt
Organizations Statute (commonly known as the "RICO" statute).
At present, other than the Statewide Grand Jury Act, Florida has
no legislation aimed specifically at the involvement of organized
crime in business in this State.
An anti-racketeering statute has been proposed by Senator
Ed Dunn as well as by the House Criminal Justice Committee
chaired by Representative Haben. Such a statute would outlaw
infiltration and illegal acquisition of legitimate economic enter-
prises and ban the use of such enterprises to further criminal
activities. Adoption of this legislation would serve as unmistak-
able notice that organized crime will not be tolerated in Florida.
An anti-racketeering statute is designed to meet the variety
of crimes committed by professional and organized criminals who
invest in, acquire, infiltrate, and use economic organizations. A
RICO statute allows the prosecution to allege and prove the
entire history of a criminal enterprise. It permits the court and
jury to see criminal activity from the economic and financial
vantage point of the criminals. While traditionally the law en-
forcement process has been designed for the control of individuals,
the RICO statute provides a method of going beyond the limited
system of sanctions against the individual to address the criminal
organization.
The Florida Statute should be patterned after the Federal
RICO legislation-which has led to convictions and which has
successfully withstood constitutional scrutiny in the federal
courts. This legislation should contain strong criminal penalties
as well as appropriate civil and administrative remedies. Those
who participate in organized crime should be punished-and
punished severely. A RICO statute would give prosecutors a
new and important weapon in our fight against organized crime.

Use Immunity
I also support the concept of "use immunity," a tool much
needed by prosecutors to assist in conviction of criminals. At
present, Florida Statute 914.04 provides for "transactional" im-
munity. Under this law, a witness is automatically given im-
munity from prosecution for any offense substantially connected
with the transaction, matter, or thing about which he testifies
while before a grand jury or any other criminal proceeding.
Anyone who is subpoenaed to testify is automatically immune
from future prosecution for anything related to the subject
matter under investigation. This "transactional" immunity makes
it very difficult for the prosecutor to investigate sophisticated
criminal activity. In fact, it gives the witness considerably broader
protection than does the privilege against self-incrimination in
the Fifth Amendment.
This law should be amended to provide for immunity only
for the "use" of testimony or evidence derived from testimony
that is compelled of a witness before a state attorney, a grand



jury, a court having trial jurisdiction, or a standing committee
of either house of the Legislature. This amendment would allow



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSE OF REPRESENTATIVES



conviction of the criminal if other evidence is available or be-
comes independently available to connect the witness to the
crime. Such an amendment would bring the Florida immunity
statute into line with federal law, would conform with the de-
cisions of the United States Supreme Court, and would enhance
the ability of the prosecutor to detect and prosecute organized
crime.

Business Regulation
There can be no compromise with those elements of organized
crime which seek to infiltrate legitimate businesses in this State
so that they will be able to prey on unsuspecting consumers
and profit from unsavory enterprises. This is true of all our
industries, but we must recognize that we have in government
a particular responsibility to safeguard those industries which
are regulated by the State. To that end, the State Board of
Business Regulation has recommended a far-reaching legislative
package for consideration in this session.
I strongly endorse those recommendations, which have been
introduced by Representative Billy Joe Rish. I urge you to endorse
them as well. The need for these changes has been demonstrated
both by the Florida Organized Crime Control Council's study of
our current regulatory practices and by the recent comprehensive
report of the Second Statewide Grand Jury.

We must maintain the integrity of our pari-mutuel industry
in this State. We should give pari-mutuel investigators the power
to enforce laws already on the books and we must begin now
to deny pari-mutuel permits to all persons and to all corporations
ever convicted of a felony. Permits should be denied to all con-
victed felons-whether the conviction occurred in Florida or not.
This prohibition should extend to both direct and indirect owners
of pari-mutuel industries. And it should extend not only to those
who may seek permits in the future, but also to those who have
permits now. There must be no exceptions.

Moreover, we must insure the integrity of the whole process
of granting permits in Florida by strengthening the investiga-
tive and enforcement powers of the Department of Business
Regulation. Falsifying information on an application for any
kind of permit-whether pari-mutuel, liquor, or otherwise-
should be a felony as well as grounds for denial or revocation of
a license. Permits should be renewed annually with requirements
for up-to-date stockholder lists. And the Department should have
broad and extensive authority to require fingerprints, back-
ground investigations, and all relevant ownership information
as prerequisites to approval.

Anti-Fencing Statute

Traditionally, law enforcement activities directed against prop-
erty theft have focused on the thieves. After all, the thief is the
immediate perpetrator of the event reported to the police. How-
ever, the activities of these thieves are supported by a stable and
continuing market for stolen property. Studies show that as much
as 75 to 85 percent of annual theft losses consist-not of cash-
but of goods and merchandise. Not only large-scale professional
theft, but also countless thefts by juveniles and occasional of-
fenders depend on the availability of a ready and regular market
for stolen property. Providing that market is the crucial func-
tion of the criminal receiver or, as he is commonly called, the
"fence."

As early as 1975, Patrick Colquhoun, known as the father of
the British police, wrote, "In contemplating the characters of all



these different classes of (criminals), there can be little hesi-
tation in pronouncing the Receivers to be the most mischievous



of the whole; inasmuch as without the aid they afford ..
Thieves, Robbers, and Swindlers . .must quit the trade ...."
Receivers of stolen goods remain among "the most mischievi-
ous" of criminals. And, if we are ever to effectively combat the
serious and ever increasing problem of property theft, it is
clear that we must focus not only on the thief, but also on the
market for stolen property. The "fence" lurks at the heart of the
theft problem.
In recognition of the importance of the "fence," law enforce-
ment officials across the Nation have launched imaginative anti-
fencing efforts. The first LEAA-financed undercover anti-fencing
storefront, for example, opened for business in Florida in 1974.
Such anti-fencing efforts offer great promise for both law
enforcement agencies and the communities they serve.
We must insure, however, that the prosecutor has the statutory
tools necessary for anti-fencing enforcement. State Attorney
James Russell and other Florida prosecutors have suggested the
need for special anti-fencing legislation. Similar legislation
has been adopted in New York and other States. I urge you to
enact such legislation for Florida so that we can employ the full
force of our criminal justice system against the lucrative practice
of receiving, harboring, and selling stolen property.

Statewide Grand Jury
The Statewide Grand Jury is the only mechanism we now
have which allows a statewide approach to prosecuting organized
crime. Our first two statewide grand juries-investigating the
traffic in illegal drugs and the pervasiveness of illegal gambling
-have demonstrated that a statewide approach can be of signifi-
cant value in confronting crimes which recognize no govern-
mental or jurisdictional boundaries.

But we have yet to realize completely the potential of the
statewide grand jury as a weapon against crime. And the
experience of the prosecutors who have worked with these
grand juries, as well as that of the grand jurors themselves,
has prompted several suggestions which would enhance the
grand jury's effectiveness.

The prosecutor assigned to the statewide grand jury should
have statewide subpoena power to depose witnesses before
grand jury sessions. To be effective, the prosecutor and his
staff must be able to question potential witnesses so that they
may eliminate from consideration those with nothing really
useful to tell the grand jury. Also, this change would help the
prosecutor develop new information on a continuous basis and
speed up the grand jury process.

In addition, the size of the grand jury when impaneled should
be increased from eighteen to twenty-one members. The quorum
"for a session should remain at fifteen, with the affirmative
vote of twelve members still required for an indictment. This
would lessen the difficulty the two previous juries faced in
insuring a quorum at all times while, at the same time, pre-
serving an adequate number for a quorum.

Moreover, pornography should be included in the enumerated
criminal activities which can be the subject of a statewide grand
jury investigation. Law enforcement officials estimate that
organized crime controls 80' percent of the pornographic film
business and 70 percent of the hard-core magazine, book, and
newspaper publishing market nationally. The Second State-
wide Grand Jury determined that organized crime, on a multi-
county basis, is heavily involved in pornography in this State



and that gambling proceeds are being used to pay for porno-
graphic activities. This cannot be tolerated.



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



Finally, I urge the Legislature to accept my budget recom-
mendation of $300,000 for the statewide grand jury. The grand
jury must be strengthened if we are to succeed in our campaign
against organized crime.

Florida Department of Criminal Law Enforcement
If we are to succeed in such an assault on organized crime,
the prosecutor and other law enforcement officials in Florida
must have access to the resources of a strong and capable De-
partment of Criminal Law Enforcement. There should no longer
be any doubt in the minds of any of us that FDCLE needs
additional support-through additional appropriations and
through an increased awareness at both the local and State
levels of its unrealized potential as a crime-fighting agency.
With this in mind, I urge you to approve my recommended
budget of $20.2 million for the FDCLE in the approaching fiscal
year. This recommendation includes $826,000 which would be
used to hire 25 additional special agents-agents we badly need
to pursue organized crime. Also, I am recommending $900,000
for aid to local crime laboratories which have proved invaluable
as a resource for local law enforcement agencies.

Assistance for Second Judicial Circuit
If we continue to expect the State Attorney for the Second
Judicial Circuit to shoulder the additional burden imposed upon
that office by reason of state government's location in Talla-
hassee, we should provide the necessary resources. My budget
recommendation includes $74,802 far establishment of a State
Capital Prosecuting Unit within the office of State Attorney
Harry Morrison. This, too, deserves your support.

WITNESS ASSISTANCE, VICTIM ASSISTANCE
AND CRIME AGAINST THEIR ELDERLY
Our criminal justice system has always focused on the crimi-
nal-on catching the criminal, on convicting the criminal, and
on incarcerating the criminal. All this is necessary. But, all too
often, in focusing on the criminal, we forget those who are
affected by his crime. We forget the innocent man or woman
who is injured by or witnesses the criminal act.
This can be seen daily in the courtrooms of Florida in the
problems our prosecutors have with witnesses. A witness-
whether the actual victim of the crime or merely an observer
of the crime-is obviously crucial to the success of a trial.
If a witness for the State does not appear, or if he or she is
frightened or intimidated by the imposing nature of the court-
room, then the case for the prosecution suffers substantially and
a criminal will often go free.
We have safeguards aplenty for assuring that defendants
will appear at their trials. But we do not have sufficient means
for assuring that the witnesses against those defendants also
will appear. Nor is any effort made on a regular basis to help
those witnesses who want to appear, but who may be hindered by
lack of transportation, by lack of understanding, or simply by a
lack of knowledge about when they are expected to be in court.
For these reasons, I recommend the passage of legislation
to provide mandatory programs of witness assistance in each of
the twenty judicial circuits in this State. The state attorney
of each judicial circuit should be required by law to designate
at least one person on his staff to coordinate efforts to assist
witnesses who are needed in court. Such a program would be of
significant value in our efforts to convict criminals of their



crimes-and thus keep them from adding to their list of vic-
tims.



Also, I recommend that we abolish Section 90.142 of the
Florida Statutes, which concerns pay for witnesses. In its place,
I ask this Legislature to adopt for purposes of criminal trials
the model statute of witness fees proposed by the National
District Attorneys Association.
Currently, witnesses in Florida receive just $5 for each
day's actual attendance at court and six cents for each mile
traveled to and from court. These small amounts can hardly
be said to encourage witnesses to testify. In contrast, the model
statute I propose would pay the federal minimum wage for court
appearances by witnesses, would prohibit employers from mak-
ing witnesses take either vacation or sick leave to appear in
court, and would assure compensation for transportation and
other hardships within the boundaries of judicial discretion.
Altogether, I am persuaded that the increased reliability of wit-
nesses that would result from this change would be well worth
the added expense.
Older Floridians fall victim more than any other segment
of the population of this State to vandalism, burglary, fraud, and
all other forms of crime, violent and non-violent alike.
Lieutenant Governor Jim Williams, Chairman of the Gover-
nor's Commission on Criminal Justice Standards and Goals,
has discussed this with me and has concluded that the severity
of this problem requires special attention. As the Lieutenant
Governor has suggested, we will soon create a Task Force
on Crime and the Elderly, to work within the Commission on
Criminal Justice Standards and Goals.
The Task Force will be created in response to the U.S.
Crime Control Act of 1976, which provides that federal techni-
cal aid and assistance should be given to those states which par-
ticipate in the "development and operation of programs designed
to reduce and prevent crime against elderly persons." The Task
Force will be charged with finding ways for Florida to achieve
these Congressionally-defined objectives. Your support for its
efforts is requested.
Older Floridians have every right to expect their government
to employ forceful and imaginative measures in an effort to
provide them with additional security in their homes, in their
businesses, and in their communities. At the same time, older
Floridians-and all Floridians who fall prey to the lawlessness
and senselessness of crime-have every right to expect to be
compensated for their needless victimization.
This is why I support the concept of a Florida Crimes Com-
pensation Commission, which has been recommended by Senator
Jim Glisson, Senator Pat Thomas, Representative Eric Smith,
and other members of the Legislature. However, I urge you to
proceed cautiously on this issue. A law allowing such compen-
sation should include proper safeguards. Among other things,
there should be a maximum amount of recovery, as suggested in
the current draft of the Senate Bill. Also, it is my feeling that-
for now-it might be best to limit compensation to medical ex-
penses and exclude recovery for both out-of-pocket expenses
and "pain and suffering." Moreover, I do not believe that
compensation should be financed by appropriations from general
revenue.

SENTENCING
Of the nine most populous states in the Nation, Florida--
by far-has the highest rate of incarceration. We are sending
more people to prison. And we are leaving them there longer
than most other states. For many, incarceration will remain the
most effective punishment. However, for some offenders, in-



carceration is counter-productive and overly expensive for so-
ciety.



26



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



That is why I propose that a statewide system of Probation
and Restitution Centers be established. These "halfway-in-
houses" would offer us a needed alternative to placing first and
second non-violent offenders in our major institutions.
If this recommendation is accepted, the courts and the De-
partment of Offender Rehabilitation would decide which of-
fenders could be placed in these centers without jeopardizing
public safety. These offenders would then be sent to the "half-
way-in-houses," which would function in much the same way
as the community correctional centers we already have in
Florida for those offenders who are "halfway-out" of the crimi-
nal justice system.
Such a program, through restricting residency and freedom
of activity, provides a necessary degree of punishment, while
allowing the offender to continue to provide for his family, make
restitution to his victim, and live in a controlled environment
that emphasizes responsibility.
I am also requesting a statewide Pretrial Intervention Pro-
gram. The purpose of pretrial intervention is to divert select
first-time, third-degree felony cases as early as possible from
normal processing through the court. Prosecution is delayed
during the period of supervision, which is usually 180 days,
and after which prosecution is no longer pursued. Unsuccessful
cases are returned for trial. Prior to entering a supervision
contract with restitution and other conditions, the program
participant is screened, investigated, and the consent of the
victim and the feeling of the arresting officer are obtained.
Supervision is more intense because Pretrial Intervention Pro-
grams are shorter than normal probation sentences. The daily
cost is much less than the daily cost in a major institution.
Moreover, I recommend adoption of sentencing legislation
which has been proposed by ;Senator Ed Dunn and the Senate
Judiciary Criminal Committee. This proposed legislation would
improve sentencing practices in our criminal justice system
in Florida. It has evolved from the findings of the Governor's
Select Corrections Task Force and from the deliberations in
1976 of both houses of the Legislature. It has been developed
with the assistance of the Department of Offender Rehabili-
tation and the Parole and Probation Commission.
At present, guidelines for sentencing in Florida are con-
fusing and complex. This proposed legislation would consolidate
all sentencing alternatives into a general sentencing chapter in
the Florida Statutes. It contains a clear expression of legislative
intent for judges to employ when imposing sentences. This
measure is meant to help assure an element of punishment as
a part of every sentence, although punishment would not always
mean incarceration.
With passage, restitution and community work programs
would be emphasized-as they should be. Unfair disparities
which now exist in sentencing practices in different courts
and in different parts of the !State would be substantially re-
duced. At the same time, the judicial discretion that is such
an essential part of our criminal justice system would be pre-
served.

HANDGUN'S
A recent poll conducted by a federally-funded research group
showed that a vast majority of Floridians favor governmental
efforts to control handguns.
Fifty eight percent of those who responded to the statewide
survey last October said they favored some form of licensing



so that handguns could be kept from the hands of children,
convicted felons, and others who are not trained to use them



properly. At the same time, eighty percent of those who re-
sponded said they supported proposals which would require all
persons who own handguns to register them with the proper
authorities.
Also, eighty percent said they favored a "cooling off" period
for the purchase of handguns. And eighty two percent agreed
that owners of handguns should be held financially responsible
for any injuries or damages caused by their handguns, either by
themselves or by those they allowed to use their weapons.
The findings of this Florida poll were consistent with those
of several national polls. A 1975 Harris Survey showed that
77 percent of Americans favored handgun registration. A na-
tionwide Gallup Poll in 1975 reported that 67 percent favored
registration. And a CBS News telephone poll last year found
that 78 percent of those questioned favored registration.
It should be apparent by now to all those in positions of
public responsibility that the people are demanding positive
action against the growing menace of the handgun.
About 40 million handguns are now in private circulation
in the United States. And this arsenal is increasing by 2.5 mil-
lion weapons every year. According to the latest available
Uniform Crime Report for Florida-the report on 1975-54
percent of all homicides in this State in that year were com-
mitted with handguns.
And we should not conclude from these statistics that most
of the homicides were committed by career felons who-as
the saying goes-would be able to obtain weapons no matter
what laws were passed. The national statistics for 1974 showed
that 72 percent of all murders nationwide occurred among family
members, friends, and acquaintances. And, during 1975, more
than 22,000 Americans were killed with handguns.
If there is still doubt about the lethal effect of handguns,
it might be advisable to ask the local policeman. Between 1961
and 1970, 95 percent of the policemen killed in the line of
duty in the United States were killed by handguns. Between
1973 and 1975, 17 law enforcement officers were killed in Flor-
ida in the line of duty. Thirteen were killed with handguns.

And Florida's failure to solve this problem has not affected
only Floridians. Studies by the United States Treasury De-
partment have consistently identified Florida as a major sup-
plier of handguns for the rest of the Nation. By our inaction,
we have not only helped criminals in Florida, we have aided
the cause of crime throughout the Nation.
For many Floridians, and for many Americans, the omni-
presence of the handgun in our society has made empty words of
the constitutional guarantees of freedom and opportunity. What
freedom can there be when a man or woman is afraid to walk
the streets at night? What opportunity is there when a small
businessman is robbed at gunpoint?

The answer does not lie-as some might suggest-in making
this Nation an armed fortress. The answer lies in effective
efforts by the people to curtail the rising threat of the hand-
gun. And the best means of halting that threat is through de-
feating the selfish and powerful handgun lobby and enacting
tough legislation.

We have not hesitated in Florida to take other needed steps
against criminal violence. The mandatory three-year sentence
we imposed last year for the use of a firearm in the commission
of a felony is but one example of the depth of our concern



about crime. But why should we wait until the handgun is used
in a crime? Why should we wait until life is lost or property



April 5, 1977



27









JOURNAL OF THE HOUSE OF REPRESENTATIVES



is stolen or destroyed ? Why not act before the deadly potential
of the handgun is employed and pass strong legislation now to
reduce handgun violence in Florida?
In the past, I have recommended a prohibition on the manu-
facture, assembly, sale, and possession of "Saturday Night
Specials." I recognize that there has been difficulty in arriv-
ing at a satisfactory definition of a "Saturday Night Special."
I urge you to continue efforts to come to grips with this prob-
lem. In addition, it is my belief that it is time to look beyond
the Saturday Night Special and act now against the criminal use
of all kinds of handguns.
We must enact in Florida a comprehensive law requiring
registration of all handguns in this State. We must, in this
legislation, place stringent controls on who is allowed to possess
a handgun in this State. And we must establish, at the same
time, an effective means of enforcing this registration law.
As part of this legislation, we must provide for an adequate
"cooling-off" period in Florida. We need a full-scale assault
on the frightening specter of the handgun. We must make the
owners of handguns liable financially for the injuries and
damages caused by their weapons. And we must provide strict
and severe penalties for all violations of the new law. Only
with such penalties will the law be able to work.
With kind regards,
Sincerely,
Reubin Askew
Governor
Governor's Supplementary Message on Transportation
Honored Members:
Section 23.043 of the Florida Statutes instructs the State
Department of Transportation "to solve or assist in the solu-
tion of the problems of transportation, to plan, program and
promote an efficient, integrated and balanced transportation
system for the State." This law makes the department-in co-
operation with the municipal, county, and federal governments-
responsible for maintaining our transportation system in Flor-
ida. In addition, the department is responsible for expanding
and altering that system to meet the changing needs of a grow-
ing population.
These are imposing responsibilities. We have in Florida
about 98,000 miles of streets and highways. These roads carry
more than five million resident automobiles and nearly 200,000
trucks. They are also used by the millions of tourists who visit
Florida every year. Maintaining and improving these streets
and highways-and broadening one system to include other
needed means of transportation-requires constant attention,
much imagination, and a substantial investment of our State
resources.
We have acknowledged these lawful responsibilities in Florida
in recent years. We have devoted our attention, our imagina-
tion, and our resources to the increasing transportation needs
of our people. We have replaced politics with professionalism in
the Department of Transportation. We have planned carefully.
We have used available money wisely. And we have achieved
lasting results.
For the most part, our transportation programs have been
financed by revenue from the State motor fuels tax. Over the
years, the Department of Transportation became accustomed to
sizable annual increases in receipts from this tax. The de-
partment relied on the natural growth of our economy to



generate additional money from gasoline sales for expansion
of our transportation system.



Historically, the motor fuels tax has produced rising reve-
nues because of increased fuel consumption and the dynamic
growth of the State. Traditionally low fuel prices and an
abundance of motor fuel supplies also proved helpful for many
years in assuring a reliable flow of revenue for transpor-
tation. From 1960 to 1973, motor fuel tax revenues rose at a
compound annual rate of 7.4 percent, while the Federal High-
way Administration construction cost index rose at a compound
rate of 5.2 percent during the same period. We were able to
work within these boundaries.
But now the situation has changed-and changed drastically.
The Arab oil embargo intervened in 1973. And, since that time,
we have seen only too well how our tax structure can be
adversely affected by events beyond our immediate control.
Since 1973, there has been almost no growth in motor fuel
tax revenues. In the three-year period between 1973 and 1976,
those revenues increased only two percent annually. Uncertain
economic conditions, much higher fuel costs, and an overdue
emphasis on more efficient automobiles have all combined to
help hold down fuel consumption.
We are in the midst today of a continuing-and probably
longlasting energy crisis. And, in responding to that crisis, we
have altered our traditional practices of energy consumption in
this State. This is certainly as it should be. But one unavoidable
corollary to energy conservation in Florida is a decline in the
growth of revenue from taxes based on energy use.
And, while our revenues from motor fuels have faltered, the
costs of providing adequate transportation for the people have
increased even more rapidly than before. A construction dollar
of ten years ago is worth only 58 cents today. Highway con-
struction costs in Florida are now increasing at an annual rate
of eight percent. And the cost of some vital resurfacing projects
--because they involve asphalt materials-are increasing at an
annual rate of more than eight percent.
We need better primary roads in Florida. We need to re-
surface many of our roads and repair or replace many of our
bridges. We need to complete our interstate highways. We need
a substantial commitment by the State to mass transit, for we
can no longer pretend that transportation in Florida is a
matter merely of streets and highways and bridges.
But we will never accomplish all that the people want and
expect us to accomplish in transportation unless we have more
money. We will not be able to fulfill our statutory responsibili-
ties-as they must be fulfilled-without more money. This
fact must no longer be ignored.
While it is difficult to project inflation rates, it is neither
unreasonable nor unrealistic to expect that construction costs
in Florida will continue to increase over the next few years at a
higher rate than the expected annual rate of increase in motor
fuels tax revenues. Such expectations make the need for addi-
tional revenue for transportation that much more compelling.
Last year, I recommended an increase in the motor fuels
tax as a means of providing needed money for our transporta-
tion programs. This year, instead, I have recommended an in-
crease in the State sales tax. And a principal motivation for
that recommendation was the plight of our transportation sys-
tem. I have recommended $87.3 million from general revenue
for transportation-the equivalent of a two-cent per gallon in-
crease in the motor fuels tax-be earmarked from motor ve-
hicle license tag revenues, after we have met our constitutional
responsibilities for building schools. The increased sales tax will



replace the portion of the motor vehicle license fee used for
transportation.



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April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Furthermore, I have recommended an annual adjustment of
the current eight-cent tax on motor fuels in Florida to keep
pace with inflation. This would permit the State to preserve our
volume-based tax, but it would also allow gasoline tax revenues
to reflect increases in gasoline prices. Under this indexing plan,
the eight cents of the State gas tax would be increased in pro-
portion to the increase in the wholesale price of refined pe-
troleum products, as determined annually by the United States
Department of Labor. The proceeds from this indexing method
would be distributed in the same way as our current tax pro-
viding needed revenue increases for State as well as city and
county transportation programs.
Adoption of these proposals would do much to offset the
effect of inflation on the cost of providing transportation serv-
ices in Florida. Together, the earmarked appropriations from
general revenue and the indexing plan would allow us to avoid
an immediate increase in the gasoline tax and, at the same time,
address our critical transportation problems.
Those problems were discussed in detail in the report of
my Advisory 'Committee on Transportation last year. We are
now implementing many of the recommendations of that com-
mittee. But the most important recommendations of that com-
mittee require action by the Legislature. Above all, they re-
quire the additional appropriations I have suggested for the
coming fiscal year.
By the end of the current fiscal year, we will have resur-
faced 3,469 lane miles of State roads since I became Governor in
1971. During those same six years, we have either constructed
or completely reconstructed another 3,500 lane miles of State
roads. I consider this a record of accomplishment.
But the extraordinary inflation beginning in 1973 has hin-
dered primary road construction and caused serious deterioration
in the level of highway maintenance, particularly in urban
areas.
I am recommending $15.6 million for primary road construc-
tion-to be financed by increased state taxes. This will enable
us to renew our State efforts to provide better primary roads
for our people.

Also, more than 11,000 miles in the State highway system
still need resurfacing. It will not be possible to resurface all
these miles in a short time. However, it is possible this year to
avoid further deterioration of our multi-billion dollar investment
in transportation and make significant progress toward restor-
ing our highways to a reasonable standard of fitness and safety.
Toward this end, I have included a $45 million resurfacing
program including $8.1 million which must come from increased
taxes as recommended in my budget. Of this total, $35 million
represents State-matched federal funds. Your support is needed
to proceed with the critical resurfacing that can no longer be
postponed.
Since I became Governor in 1971, we have replaced 13
major bridges in Florida through the federal replacement pro-
gram at a cost of $18 million. During those same six years, we
have either repaired or replaced 89 smaller bridges at a cost
of $29.4 million through the State bridge rehabilitation program.
I consider this a record of accomplishment.
But there are nearly 3,400 bridges in the State primary
highway system. And, of this total, the Department of Trans-
portation has estimated that 564 still need repair or replace-
ment.



I have recommended appropriation of $20 million in State
money to be combined with $10 million in available federal



money as the initial investment in a ten-year program to elimi-.,
nate all sub-standard bridges in Florida. This appropriation
includes $4 million which must come from increased taxes this
year. This appropriation is required for public safety. And, as
we improve our bridges, we will be able to increase the weight
limits in the transportation of products by trucks. This will
improve our commerce and, hence, our economy.
Nor can we ignore the needs of the Florida Keys. The
37 bridges that provide the only access by land to the Keys must
also be replaced. Since 1971, we have spent about $10 million
in State money on repairs for the Keys bridges. We have com-
mitted $3.1 million for replacement of three of the bridges. An
additional $4.1 million will be let before the end of the current
fiscal year for the replacement of three more. We must con-
tinue to seek the release of the federal money that has been ear-
marked for this important project.
Since I became Governor six years ago, we have opened to
traffic in Florida nearly 233 miles of Interstate highway. We
have placed under construction nearly 215 miles of Interstate
highway. At present, nearly 70 Interstate miles are under
construction.
Last December, we received bids on the last major con-
struction contract of the originally authorized interstate system
in this State. All the initial system authorized for Florida
in 1956 is either open to traffic or under construction. The
work remaining consists entirely of those parts of the Inter-
state system which were authorized in 1968, 1970 and 1973.
I submit that this is a record of accomplishment. Yet, the
fact remains that completion of Florida's total Interstate sys-
tem is still years in the future. We are moving ahead as rapidly
as possible. Through March of this year, twelve construction
projects, totaling more than $46 million and 36 miles, had been
contracted on Interstate 75, between Tampa Bay and Miami.
And additional contracts are scheduled for July.
But the people of Florida are expecting more from us-and
more quickly. For our Interstate system, I have recommended
an appropriation of $10 million this coming fiscal year. This
will be part of a total five-year program of $70 million which
will continue to advance completion of the overall system. I
urge your support for this recommendation. Also, I urge you to
support our continuing efforts to change federal distribution
policies and permit additional acceleration in construction of
our Interstate system.
When I became Governor in 1971, there was a State program
for mass transit in name only. Since that time, we have in-
vested $22.8 million in State money for surface transit pro-
grams. This State money has brought us $64 million in federal
money. As a result, we have provided 1500 modern buses for
urban transit systems throughout the State.
We have kept mass transit alive in some Florida cities and
helped improve it in others. We have sponsored a number of
innovative demonstration projects throughout the State which
have provided everything from downtown shuttle services to
special transit programs for the elderly and the handicapped.
And, during those same six years, we have invested $15.7
million in State money in aviation. This has attracted $79.5 mil-
lion in federal money and allowed us to finance 237 airport
development projects throughout Florida. Today we are con-
tinuing our efforts to provide air transit as an alternative
means of transportation to the automobile.
Through these and other efforts, we have cooperated with



local governments in planning and designing for mass transit.
But the time for planning and designing is rapidly approaching



29



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



an end. As the energy crisis continues, it becomes essential
for us to offer the people a practical and feasible alternative
to reliance on the automobile.

For many parts of Florida, and especially for our grow-
ing urban centers, mass transit is the best answer. In addi-
tion, it has been estimated that there are between 1.2 million
and 1.8 million Floridians who-because of age, circumstance,
or handicap-cannot make full use of our conventional trans-
portation.
With this in mind, I have recommended the commitment of
$2.1 million as the initial portion of the State's $72.5 million
share of the cost for the proposed Dade Area Rapid Transit
system. This commitment by the State, together with the
local contribution, would help generate as much as $580 mil-
lion in federal money for a project which is obviously needed.
As I have said many times before, we must make mass trans-
it a reality and not merely a rhetorical promise for the peo-
ple of this State.
Similarly, we must move beyond rhetoric where our commit-
ment to preserving the vitality of Florida's local governments
are concerned. We have to make some basic changes in re-
sponsibility to assist local government in their transportation
programming. Again this year, I am recommending that ad-
ministration of the fifth and sixth cent of the State gasoline
tax be transferred to the counties-where it rightfully be-
longs-and that reclassification of Florida's road and high-
way systems be completed to insure proper responsibility for
those systems. I am also recommending that the Department
of Transportation be made responsible for the acquisition of all
rights-of-way in the primary road system and to allow the
State to pay for highway water and sewer lines relocation.
But increased revenue is needed to pay for these changes.
Too often in the past, Florida's counties have been required
to use their entire secondary tax budget to acquire right-of-way
for State roads and for a full construction program. As a result,
many counties have been left with no money for secondary
road programs. This is unfair and unnecessary. My recom-
mendation would mean an additional $20 million per year to
the counties for secondary roads-money which must come
from increased taxes.
Likewise, I am again recommending that the Department of
Transportation assume the responsibility for paying for re-
location of publicly-owned water and sewer facilities because
of primary construction projects. This would remove an addi-
tional annual burden of about $6 million from local govern-
ments. But this money must also come from increased taxes.
Also, I am recommending State appropriations to finance
critical parts of the principal arterial system, necessary con-
nectors to the Interstate system, and other important con-
struction projects for which federal funds are not available.
This, too, would help ease the financial burden on local gov-
ernments.

Improvement of Florida's transportation system is not only
a matter of transportation. It is also a matter of economic
development. Employment in our important construction in-
dustry has increased in recent months. But the Department of
Commerce estimates that at least 75,000 construction workers
are still out of work in this State. Approval of my recom-
mendations for transportation would mean more jobs--as well
as better roads and transit systems-for the people of Florida.

And this is only one area in which the activities of the



Department of Transportation are directed at Florida's need
for more jobs through economic development. The department



is working now on plans for aviation, for railroads, and for
water ports which will all have an impact on the future of
Florida's economy. We must realize-now and in the days
ahead-that the future of our transportation system in this
State cannot be separated from the future of our economy.
The number of authorized positions in the Department of
Transportation on June 30, 1971, was 10,156. Today there are
10,080-76 fewer positions than there were six years ago.
Our transportation programs are not meant to serve growing
bureaucracy. They will serve the needs of our State.
I think every member of the Legislature will agree that
there are transportation needs in virtually every part of our
State. Florida's need for what we have envisioned in our laws
as an "efficient, integrated and balanced transportation sys-
tem" is no less apparent than when the Legislature last met
a year ago. Last year you chose not to respond to those needs.
This year the needs have increased. They can no longer be
ignored.
With kind regards,
Sincerely,
Reubin Askew
Governor

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

On motion by Senator Gallen, the Joint Session was dis-
solved at 11:56 a.m. and the Senators were escorted from the
Chamber by the Senate Sergeant at Arms.

Reconvened
The House was called to order by the Speaker at 12 noon.
A quorum was present.
Presentation of St. Petersburg Times Award
On motion by Mr. Poindexter, the rules were waived and
the Speaker appointed Representatives Poindexter, T. Moore,
and Hieber as a committee to escort Governor LeRoy Collins,
Mr. Sanford H. Stiles of the St. Petersburg Times and The
Honorable Carl Ogden to the rostrum.
Following brief remarks by Governor Collins, on behalf of
the St. Petersburg Times and those legislative correspondents
and newspaper editors who participated in the poll, he pre-
sented Mr. Ogden with a plaque symbolizing his selection as
the "Most Valuable Member" of the 1976 House. The gentlemen
were then escorted from the rostrum.

Report of the Committee on Rules & Calendar

The following report amending Rules 6.1, 6.18(a), 7.12, and
13.3 was read:

April 5, 1977
The Honorable Donald L. Tucker
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar recommends the follow-
ing amendments to the Rules of the House of Representatives:
Amend Rule 6.1 to read:
Beginning with the Organization Session, the Speaker shall
appoint the membership of these standing committees:



Agriculture & General Legislation
Appropriations
Claims



30



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Commerce
Community Affairs
Corrections, Probation & Parole
Criminal Justice
Education
Elections
Finance & Taxation
Governmental Operations
Health & Rehabilitative Services
House Administration
Judiciary
Natural Resources
Regulated Industries & Licensing
Retirement, Personnel & Collective Bargaining
Rules & Calendar
Standards & Conduct
Tourism & Economic Development
Transportation
Veterans Affairs
The Committee on Rules & Calendar shall have no more than
32 members. With the exception of the Committee on House
Administration and the Committee on Claims, eeeh all other
standing committees shall consist of not less than five nor more
than 29 members, one of whom shall be designated by the
Speaker as chairman and another as vice chairman. The
Speaker shall, ex officio, be an additional member of every
committee. The chairman of the Committee on Claims also
shall be known as Coordinator of the Subcommittees on Claims.
Committees shall meet on the call of the chairman; or, in
his absence, the vice chairman, or, upon the written request of
three or more members of the committee to the remaining
members.
The Speaker shall appoint such select committees as may be
necessary or authorized by the House.

Amend Rule 6.18 (a) to read:
(a) Subcommittees shall only be created and designated by
the Speaker by order given in writing to the Clerk for publica-
tion in the Interim Calendar or Session Journal. Membership
of a subcommittee shall in no case be fewer than five members.
Subcommittee chairmen shall be designated by parent committee
chairmen, except in the case of the Committee on Appropria-
tions the subcommittee chairmen shall be appointed by the
Speaker. The chairman of the parent committee shall, ex
officio, be an additional member of every subcommittee.
Amend Rule 7.12 to read:
Papers of a miscellaneous nature addressed to the House
may, at the discretion of the Speaker, be read, noted in the
Journal or filed with an appropriate committee. When the
reading of a paper other than one upon which the House is
called to give a final vote is demanded, and the same is ob-
jected to by any Member, it shall be determined without debate
by a majority vote of the House. In the case of veto
messages, the Speaker shall refer them to the appropriate
committee for recommendation.
Amend Rule 13.3 to read:
Any person who, on an isolated basis and without intent to
continue beyond a single legislative day, merely appears before
a committee of the House in his individual capacity without
compensation or reimbursement, to express support of or op-
position to any legislation, and who shall so declare to the
Representatives or committee with whom he discusses any pro-
posed legislation, shall not be required to register as a lobbyist.
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

On motion by Mr. Craig, the above report was adopted.



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



Introduction and Reference

THE SPEAKER PRO TEMPORE IN THE CHAIR

By Representatives Gordon, Margolis, Hazouri, Lockward,
Cox, Becker, Healey, Lehman, Frank, Steinberg, Gersten,
Bloom, Maxwell, Moffitt, Bell, Davis, McPherson, T. Moore,
Fontana, O'Malley, Pajcic, Fox, Barrett, Easley, Warner,
Hazelton, Grizzle, Mann, Young, Kutun, Girardeau, Brown,
Kiser, Gustafson, Batchelor, Eckhart, Adams, Sadowski, Dyer,
Carlton, Richard, Smith, Evans, Sheldon, Tucker, Nelson,
McKnight, T. Lewis, Hawkins, Andrews, Black, Ogden, Con-
sidine, Martin, Hattaway, James, Poindexter, Hill, Cherry,
Hodes, and Malloy-
HCR 1-A concurrent resolution ratifying the proposed a-
mendment to the Constitution of the United States relating to
equal rights for men and women.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Cherry-
HCR 2-A concurrent resolution ratifying the proposed
amendment to the Constitution of the United States relating
to equal rights for men and women.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Young-
HB 3-A bill to be entitled An act relating to compensa-
tion of county officials; amending s. 145.041(1), Florida Stat-
utes, providing for maximum salaries for district school board
members based on revised population brackets; providing pro-
cedures, including a public hearing, for increasing salaries
above existing amounts; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Young-
HB 4-A bill to be entitled An act relating to education;
amending s. 231.40(1) (c), Florida Statutes, 1976 Supplement,
and s. 231.48(2), Florida Statutes; clarifying application of
terminal pay provisions for instructional and noninstructional
personnel; providing terminal pay for administrative person-
nel; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Lehman and Gordon-
HM 5-A memorial to the Congress of the United States,
urging Congress to study and enact a national health insurance
program.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Margolis-
HB 6-A bill to be entitled An act for the relief of Benjamin
Smith; providing an appropriation to compensate him for
injuries received due to the negligence of the Department of
Transportation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representatives Young, Cox, and Poole-
HJR 7-A joint resolution proposing an amendment to Sec-
tion 3, Article III of the State Constitution relating to ses-
sions of the Legislature.



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



April 5, 1977



31









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Dyer, Lockward, Young, Margolis, Ready,
Rish, McPherson, Bloom, Ewing, Eckhart, Evans, Adams,
O'Malley, Gersten, Kershaw, Healey, Fox, Barrett, Davis,
Hattaway, Hazouri, Lehman, Taylor, Becker, Fontana, Boyd,
Cox, Gordon, Warner, and Woodruff-
HB 8-A bill to be entitled An act relating to the regula-
tion of public utilities; adding subsection (5) to s. 366.06,
Florida Statutes, requiring utilities to file monthly affidavits
regarding fuel adjustment and purchased power cost recovery
clauses; providing for quarterly hearings by the Public Serv-
ice Commission; specifying certain actions to be taken at hear-
ings; prohibiting the inclusion within the rate schedule of any
public utility of a cost recovery clause of any type except a
fuel cost, purchased power or franchise tax cost recovery clause;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Becker and Richmond-
HB 9-A bill to be entitled An act relating to alcoholic bev-
erage licenses; providing legislative intent; adding subsections
(9) and (10) to s. 561.20, Florida Statutes, as amended, relat-
ing to the number of quota alcoholic beverage licenses to be
issued to retail vendors; providing that no person, firm, or
corporation may be issued or hold more than a maximum of
25 percent of the quota alcoholic beverage licenses in any one
county; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Becker and Richmond-
HB 10-A bill to be entitled An act relating to alcoholic bev-
erage licenses; creating s. 561.305, Florida Statutes, providing
legislative intent; providing that holders of licenses issued un-
der s. 565.02(1) (a)-(f), Florida Statutes, inclusive, shall no-
tify the Division of Beverage of the Department of Business
Regulation of any liens or mortgages on such licenses or licensed
premises; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Becker and Richmond-
HB 11-A bill to be entitled An act relating to alcoholic bev-
erage licenses; amending ss. 561.20(1) and (3), Florida Stat-
utes, 1976 Supplement, and ss. 563.02(1), 564.02(1), 565.02(1),
and 565.03(2), Florida Statutes, providing that population
figures with respect to the allocation and fees for consumption-
on-premises alcoholic beverage licenses and consumption-
off-the-premises alcoholic beverage licenses and the license
fees for vendors and distributors of certain alcoholic bever-
ages shall be based on the population estimates compiled by the
Department of Administration under s. 23.019, Florida Statutes,
rather than state or federal census; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Becker and Richmond-
HB 12--A bill to be entitled An act relating to the beverage
law; amending s. 561.20(6), Florida Statutes, as amended, re-
lating to quota beverage licenses, to provide that when a quota
beverage license is originally issued, said license shall not
be transferred for a period of 3 years from the date of is-
suance; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Hawkins, Becker, and Richmond--



HB 13-A bill to be entitled An act relating to alcoholic bev-
erage licenses; providing legislative intent; creating s. 561.205,
Florida Statutes, providing that the Division of Beverage of
the Department of Business Regulation shall not renew licenses
issued under s. 565.02(1) (a)-(f), Florida Statutes, unless such
licenses have been utilized at least 120 days during the current



year of issuance; providing exceptions; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives McKnight, Fox, Healey, and Adams-
HB 14-A bill to be entitled An act relating to psychotic and
emotionally disturbed children; providing for purchase by the
Department of Health and Rehabilitative Services of services of
approved residential facilities; providing definitions; providing
for administration by the department; providing an effective
date.
--was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representatives McKnight, Fox, Becker, Margolis, Adams,
and Gordon-
HB 15-A bill to be entitled An act relating to landlord and
tenant; creating s. 83.565, Florida Statutes, permitting the sur-
viving spouse of a tenant, or the personal representative of his
estate if there be no surviving spouse, to terminate a residen-
tial rental agreement upon the death of the tenant; requiring
the landlord to return the security deposit less any valid claim
upon such termination; requiring disclosure of such permission
to terminate on all residential rental agreements; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Young, Margolis, Gordon, Becker, and
Adams-
HB 16-A bill to be entitled An act relating to adult pro-
tective services; providing legislative intent; providing defini-
tions; authorizing the Department of Health and Rehabilitative
Services to provide protective services; providing conditions
under which the department shall provide such services; pro-
viding that services be received voluntarily unless ordered
by the court, guardian, or provided in an emergency; provid-
ing for emergency services; providing for a report when emer-
gency services are rendered; providing for protective placement
under certain conditions; providing that the department may
petition the court for protective placement; requiring that the
court give preference to the least drastic alternative placement;
providing that the court request certain information; requiringg
the department to review periodically the status of each person
in protective placement; providing for emergency temporary
protective placement; providing for voluntary protective place-
ment; providing for confidentiality; providing for reports of
abuse; providing for promulgation of rules; providing for
agency cooperation; authorizing fees; providing penalties; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representatives Young, Maxwell, Cox, Thompson, Hutto,
and Rish-
HB 17-A bill to be entitled An act relating to retirement;
amending s. 121.021(29), Florida Statutes, 1976 Supplement;
providing that any member of the Florida Retirement System
may retire with full benefits after 30 years of creditable serv-
ice; adding a new subsection (9) to s. 122.08, Florida Statutes,
providing that any member of the State and County Officers
and Employees' Retirement System may retire with full bene-
fits after 30 years of creditable service; adding subsection (18)
to s. 238.07, Florida Statutes, 1976 Supplement, providing that
any member of the Teachers' Retirement System of Florida
may retire with full benefits after 30 years of creditable serv-
ice; providing an effective date.



-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.



32



April 5, 1977









JOURNAL OF THE HOUST



By Representative Young-
HB 18-A bill to be entitled An act relating to nonpublic
educational and training institutions; amending s. 246.131, Flor-
ida Statutes, prohibiting schools that have not obtained a li-
cense or schools that are under an injunction against operating
from advertising for students; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representatives Young and Cox-
HB 19-A bill to be entitled An act relating to registration
office, officers and procedures; amending s. 98.081, Florida
Statutes, requiring the supervisor to provide the recognized
political parties with a copy of the lists of electors temporarily
withdrawn from the registration records; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Elections.

MS. GORDON IN THE CHAIR

By Representative Young-
HB 20-A bill to be entitled An act relating to the Depart-
ment of Education; creating s. 229.841, Florida Statutes, re-
quiring the department to develop a plan and procedure for
adoption of the metric system in public school education by
1980; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Young and Margolis-
HB 21-A bill to be entitled An act relating to supplemental
security income; providing for the enactment of interim as-
sistance payments as provided by federal law; authorizing the
Department of Health and Rehabilitative Services to develop
policies and procedures; providing for repayment of assistance;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representatives Young, Margolis, Sheldon, and Dyer-
HB 22-A bill to be entitled An act relating to Florida radia-
tion protection; amending ss. 290.01, 290.02, 290.03, 209.04,
290.051, 290.06, 290.07, 290.08, 290.09, 290.10, 290.11, 290.12,
290.13, 290.14, 290.15, 290.16, 290.17, 290.18, and 290.19, Florida
Statutes; providing a short title; providing declaration of policy;
providing definitions; designating a state radiation protection
agency; creating the Radiation Protection Advisory Council;
authorizing the Department of Health and Rehabilitative Serv-
ices to perform radiological environmental surveillance; provid-
ing powers and duties of the department; authorizing licensing
of sources of ionizing radiation; providing rule-making author-
ity for the department; providing for inspections; authorizing
training and educational programs; authorizing the department
to require records of persons who possess or use sources of
ionizing radiation; providing authority to respond to emer-
gencies involving the release of radioactive materials; author-
Izing the department to impound certain materials in emer-
gencies; authorizing the department to require posting of a
bond by licensees; authorizing the department to require a
perpetual care trust fund; authorizing the department to charge
and collect fees; providing prohibited uses for sources of radia-
tion; providing for injunctive relief against violators; providing
penalties; repealing s. 290.071, Florida Statutes, which author-
izes certain activity by the Florida Nuclear and Space Council
with regard to the Kennedy Space Center; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Martin--



HB 23-A bill to be entitled An act relating to public em-
ployees; amending s. 447.203(2), Florida Statutes, 1976 Sup-



April 5, 1977



HB 30-A bill to be entitled An act relating to corrections;
amending the introductory paragraph of s. 944.584, Florida
Statutes, and adding a subsection; prohibiting ex-felons from
employment as correctional officers; providing temporary and
permanent exemptions; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Corrections, Probation & Parole.



SOF REPRESENTATIVES 33

plement, redefining the term "public employer" with respect
to collective bargaining and employees of the state university
system; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Martin-
HB 24-A bill to be entitled An act for the relief of Mack
Harrell; providing an appropriation to compensate him for
his retirement; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Martin-
HB 25-A bill to be entitled An act relating to state retire-
ment systems; adding paragraph (f) to s. 121.011(3), Florida
Statutes; prohibiting the reversal of certain decisions with re-
spect to state-supported retirement systems by succeeding ad-
ministrators when such reversal will adversely affect the rights,
benefits or service credit of a member; providing exceptions;
providing legislative intent; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Mixson-
HB 26-A bill to be entitled An act relating to the district
school tax; amending s. 236.022(1), Florida Statutes, requiring
the alternative method of school finance being developed by
certain agencies to provide certain revenues; amending s. 236.-
25(1), Florida Statutes, and adding a subsection; providing a
schedule of phased abolition of the district school tax; repeal-
ing s. 236.25, Florida Statutes, as amended, abolishing the dis-
trict school tax effective July 1, 1984; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative McPherson-
HB 27-A bill to be entitled An act relating to lobbying;
requiring persons engaged in executive or legislative lobbying to
file a registration statement with the Secretary of State stating
certain information under oath; requiring disclosure of certain
information with respect to lobbying activities; providing ex-
emptions; providing for the publication of lists of lobbyists;
providing for advisory opinions by the Commission on Ethics;
providing for investigation and hearing of alleged violations
by the Legislature or the commission; providing for reports
and recommendations from such bodies; providing penalties;
amending s. 11.061, Florida Statutes, requiring state employee
lobbyists to register with the Secretary of State; clarifying
terminology and expanding exemptions; amending s. 11.062,
Florida Statutes, conforming provisions; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Standards & Conduct and Appropriations.

HB 28-Withdrawn

By Representative McPherson-
HB 29-SF-A bill to be entitled A proposal relating to
elections.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Williams-









34 JOURNAL OF THE HOUSE

By Representative Fortune-
HB 31-SF-A bill to be entitled A proposal relating to bi-
ennial budgeting.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Hazelton and Fontana-
HB 32-A bill to be entitled An act relating to search war-
rants; amending ss. 933.06 and 933.07, Florida Statutes, author-
izing the issuance of search warrants by oral affidavit and pro-
Ividing a procedure therefore; amending s. 933.11, Florida Stat-
utes, conforming provisions relating to the deliverance of search
warrants to such procedure; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Rish and Hutto-
HB 33-A bill to be entitled An act relating to alcoholic bev-
erages; creating s. 396.181, Florida Statutes, to create the Flor-
ida State Alcoholic Rehabilitation Trust Fund to be adminis-
tered by the Department of Health and Rehabilitative Services;
amending s. 561.12, Florida Statutes; providing that 12 per-
cent of the revenue collected from the excise tax on specified
alcoholic beverages shall be deposited in the Alcoholic Rehabilita-
tion Trust Fund, and the remainder shall be paid into the Gen-
eral Revenue Fund; amending s. 565.12(1)(a) and (2)(a), Flor-
ida Statutes, increasing the excise tax on specified alcoholic
beverages; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representative Rish-
HB 34-A bill to be entitled An act for the relief of the Cal-
houn County Board of County Commissioners; providing an
appropriation to compensate the board for additional expenses
incurred at the direction and insistence of the Department of
Revenue; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Rish-
HB 35-A bill to be entitled An act relating to community
mental health services; adding paragraph (d) to s. 394.76(4),
Florida Statutes, 1976 Supplement, relating to funding of dis-
trict mental health plans, providing that certain expenditures
of 100 percent of all third-party payments and fees for non-
inpatient services shall be eligible for state financial partici-
pation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Rish-
HB 36-A bill to be entitled An act relating to corporate in-
come tax; amending s. 220.14(1), Florida Statutes, increasing
to $10,000 the exemption allowed on net income subject to the
corporate income tax law; providing an effective date.

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

By Representative Rish-



HB 37-A bill to be entitled An act relating to county gov-
ernment; adding paragraph (y) to subsection (1) of s. 125.01,
Florida Statutes, authorizing county legislative and governing
bodies to place questions on the ballot at certain elections to
obtain an expression of elector sentiment; providing a limita-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.



- - - 6- -- -



By Representative Rish-
HB 44-A bill to be entitled An act relating to special fuel
dealers; amending ss. 206.89(2) and 206.90(1), Florida Stat-



"51



OF REPRESENTATIVES April 5, 1977

By Representative Rish-
HB 38-A bill to be entitled An act relating to drivers' li-
cense reexamination fees; amending s. 322.121(2), Florida Stat-
utes, providing that fees for first reexaminations shall cover
the cost of certain subsequent reexaminations; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Rish-
HJR 39-A joint resolution proposing an amendment to Sec-
tion 8 of Article III of the State Constitution relating to when
the legislature takes up the governor's veto messages.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representatives Rish and Hutto-
HB 40-A bill to be entitled An act for the relief of Mr.
Auburn D. Hood; providing an appropriation; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representatives Rish and Hutto-
HB 41-A bill to be entitled An act relating to insurance;
creating s. 627.4237, Florida Statutes, providing for notice of
coordination of benefits under group and group-type insur-
ance policies and plans; providing the specific form of such no-
tice; requiring the signature or mark of an insured on the in-
surance certificate as a condition precedent to the insurer's
authority to coordinate benefits with respect to the insured's
coverage; prohibiting the issuance of policies and the making,
issuance, circulation, and causing to be made, issued, or cir-
culated of estimates, circulars, and statements not conforming
to the provisions of this act; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Rish and Hutto-
HB 42-A bill to be entitled An act relating to local govern-
ment; creating s. 112.22, Florida Statutes, authorizing counties,
other political subdivisions, and municipalities to provide cer-
tain types of insurance for volunteer or auxiliary firemen, vol-
unteer or auxiliary law enforcement agents, and volunteer or
auxiliary ambulance and emergency service personnel; provid-
ing for payment of premiums; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Rish-
HB 43-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(19), Florida Statutes,
1976 Supplement, expanding the definition of "prior service"
for the Florida Retirement System to permit the purchase of
retirement credit for employment during which no contributions
were made, under certain circumstances, and to permit pur-
chase of service when no contributions were made due to a
written rejection of the system; amending s. 121.051(2) (a),
Florida Statutes, authorizing certain employees who had re-
jected membership in the Florida Retirement System to with-
draw such rejection and participate in the system; amending
s. 121.081(2), Florida Statutes, 1976 Supplement, providing
the interest rate at which prior service must be purchased for
certain prior employment under which no contributions were
made; providing for the purchase of creditable service by cer-
tain officers or employees who possess 40 years of creditable
service; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.









JOURNAL OF THE HOUSI



utes, clarifying language with respect to an exemption from
certain motor fuel dealer license bonding requirements; provid-
ing a limitation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Finance & Taxation.

By Representative Nelson-
HB 45-A bill to be entitled An act relating to planning and
budgeting; amending s. 216.262(3), Florida Statutes, 1976 Sup-
plement, permitting any state employee holding a position the
salary of which is fixed by law to receive additional compen-
sation from an education appropriation; providing limitations;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Easley-
HB 46-A bill to be entitled An act relating to State Uni-
form Traffic Control; amending s. 316.123(2) and creating
s. 316.1235, Florida Statutes, providing procedures for stopping
and proceeding at four-way stop intersections and intersections
in which the traffic lights are inoperative; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Easley-
HB 47-A bill to be entitled An act relating to drivers' li-
censes; creating s. 322.081, Florida Statutes, providing that op-
erator's or chauffeur's licenses shall not be issued to any per-
son under 18 years of age who has not successfully completed
a driver education course consisting of 36 hours of instruction;
providing exemptions; amending s. 322.07(1), Florida Statutes,
restricting the authority of persons with temporary instruction
permits to operate a motor-driven cycle; amending s. 322.16(2),
Florida Statutes, requiring minors under age 16 to pass a driv-
ing test on a motor-driven cycle before being entitled to op-
erate same on a restricted license; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Easley-
HM 48-A memorial to the Congress of the United States,
urging Congress to propose an amendment to the Federal
Child Labor Laws.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Adams, Young, Warner, Becker, Margolis,
Cox, and Malloy-
HB 49-A bill to be entitled An act relating to condominiums;
amending s. 718.501(3) (b), Florida Statutes, 1976 Supplement;
reducing from $25 to $10 the fee required for filing with the
Division of Florida Land Sales and Condominiums a complaint
alleging a violation of the Condominium Act and seeking in-
vestigation, arbitration or enforcement by the division; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Foster, Fontana, Craig, Dyer, Conway,
Eckhart, Becker, Bloom, and Davis---
HB 50-A bill to be entitled An act relating to motor vehicle
traffic accidents; creating ss. 322.49-322.56, Florida Statutes,
to be known as the "Florida Traffic Accident Casualty Act;"
providing definitions; creating the Florida Traffic Accident
Casualty Trust Fund consisting of fees collected for drivers' li-
censes to be used to reimburse qualified claimants for actual



losses due to any traffic accident occurring in this state; pro-
viding for the applicability of benefits payable under this act;
providing limitations on recoveries against the fund; providing
for the filing of claims; providing for the applicability of other
insurance benefits; providing a detailed procedure for the award



April 5, 1977



By Representatives Conway, Healey, and Robinson-
HJR 58-A joint resolution of apportionment; providing for
the apportionment of the House of Representatives of the
Florida Legislature, to be composed of not more than 80 mem-



E OF REPRESENTATIVES 35

of claims and for appeals therein; providing a penalty; provid-
ing for the powers and duties of the Division of Driver Licenses
of the Department of Highway Safety and Motor Vehicles
with respect to this art; providing for additional drivers' li-
cense fees based upon a classification of drivers' licenses; re-
pealing chapter 324, Florida Statutes, as amended, relating to
financial responsibility with respect to damages for liability
incurred for certain automobile accidents; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Commerce, Finance & Taxation, and Appropriations.

By Representative Conway-
HB 51-A bill to be entitled An act relating to state govern-
ment; creating the Governor's Commission on Paperwork Man-
agement; providing for membership; providing for organization;
providing duties and powers; providing for administration; pro-
viding for cooperation by state agencies; providing effective
and expiration dates.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Conway-
HB 52-A bill to be entitled An act relating to Pascua Flor-
ida Day; adding a new paragraph (g) to s. 683.01(1), Florida
Statutes, providing that Pascua Florida Day is a legal and pub-
lic holiday; amending s. 683.06(2), Florida Statutes, providing
for conformity with respect to the day upon which such holiday
is to be observed when the regularly designated calendar day
falls on a Sunday; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representative Conway-
HB 53-A bill to be entitled An act relating to correctional
institutions; directing the Department of Offender Rehabilita-
tion to expend funds currently available to it for the construc-
tion of a separate institution for first-time offenders con-
victed of nonserious crimes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

HB 54-Withdrawn

By Representative Conway-
HB 55-A bill to be entitled An act relating to sentencing;
adding subsection (5) to s. 775.084, Florida Statutes, providing
a minimum sentence for certain persons convicted of certain
violent crimes; amending s. 947.16(1), Florida Statutes, and
adding a subsection thereto, declaring certain persons convicted
of certain violent crimes to be ineligible for parole if they
were previously convicted of a felony; adding subsection (7) to
s. 948.01, Florida Statutes, 1976 Supplement, declaring such per-
sons to be ineligible for probation; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Corrections, Probation & Parole.

By Representative Conway-
HB 56-A bill to be entitled An act relating to education;
amending s. 215.01, Florida Statutes, and s. 228.041(18), Flor-
ida Statutes, 1976 Supplement, changing the dates of the fiscal
year for district school systems; amending s. 216.011 (1)(g),
Florida Statutes, relating to the definition of fiscal year; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

HB 57--Withdrawn









36 JOURNAL OF THE HOUSE

bers; providing that each Senate district shall contain two
House districts; declaring the state policy followed by the
Legislature in such apportionment; providing an effective date.
-was read the first time by title aid referred to the Com-
mittees on Elections and Appropriations.

By Representative Conway-
HB 59-A bill to be entitled An act relating to criminal law;
amending s. 777.04(2), Florida Statutes; proscribing criminal
solicitation; exempting law enforcement officers acting within
their official duties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Kutun, Gordon, Margolis, Hill, Fox,
Easley, and Cox-
HB 60-A bill to be entitled An act relating to spouse abuse;
creating s. 827.10, Florida Statutes; providing definitions; pro-
viding a purpose; requiring persons to report incidents of
spouse abuse to the Department of Health and Rehabilitative
Services; providing certain conditions as evidence of maltreat-
ment before a report is required; providing the nature and con-
tent of the report; requiring the department to notify the
State Attorney upon receipt of a report when appropriate; re-
quiring public agencies to cooperate with the department; pro-
viding for the creation and maintenance of a central registry
in the department; providing for the transmittal of spouse
abuse records by the department to the State Attorney when
appropriate; providing that persons participating in making
a report shall be immune from liability; exempting the ap-
plication of certain privileges; providing a penalty; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representatives Kutun, Gordon, Margolis, Hill, Fox, and
Cox-
HB 61-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; providing intent;
providing definitions; providing duties and functions of the
department in the establishment of a program for the preven-
tion, care, treatment and rehabilitation of persons engaged
in or subject to spouse abuse; requiring the department to
furnish certain assistance, conduct research, carry out programs
and establish diagnostic-intervention centers; providing for the
temporary receipt of persons subject to spouse abuse at the
center until the conflict can be properly investigated; requiring
the center to refer such persons and their spouses to appro-
priate treatment or rehabilitation agencies; providing confi-
dentiality; requiring law enforcement officers to notify per-
sons subject to spouse abuse of the availability of a center;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representatives Kutun, Gordon, Margolis, Hill, Fox, and
Easley--
HB 62-A bill to be entitled An act relating to arrests;
adding subsection (6) to s. 901.15, Florida Statutes, authorizing
a peace officer to arrest a person without a warrant if the of-
ficer has probable cause to believe that the person has com-
mitted a battery upon the person's spouse and the officer finds
evidence of bodily harm or reasonably believes that there is
danger of further violence; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.



It



By Representative McKnight-
HB 63-A bill to be entitled An act relating to grouper, a
saltwater fish; amending s. 370.11(2) (a), Florida Statutes; pro-
hibiting the taking, possessing, buying, offering for sale, sell-
ing, or unnecessarily destroying of any grouper of less length



E OF REPRESENTATIVES April 5, 1977

than 12 inches; providing a penalty; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative McKnight-
HB 64-A bill to be entitled An act relating to regional
planning councils; creating s. 160.03, Florida Statutes; requir-
ing regional planning councils to afford land developers an
opportunity to appear and present testimony before the
council with respect to any hearing or other action by the
council which will affect the developers' interests; requiring
notice from the council; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Maxwell-
HB 65-A bill to be entitled An act relating to education;
amending s. 231.16, Florida Statutes, deleting the requirement
that the State Board of Education prescribe classes and ranks
of teaching certificates; amending s. 233.068(3), Florida Stat-
utes, providing that the minimum salary for job-related voca-
tional instructors shall be that of an instructor holding a
graduate certificate instead of that of a Rank III instructor;
amending s. 233.0681(1), Florida Statutes, providing the same
minimum salary change for occupational specialists; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representatives Burrall, Ewing, and Nuckolls-
HB 66-A bill to be entitled An act relating to corrections;
requiring prior legislative approval before any state institu-
tion or facility for the housing of prisoners, patients, or
juvenile offenders may be established on certain public or rec-
reational land; providing an effective date.
-was read the first time by title and referred to the Comn-
mittee on Corrections, Probation & Parole.

By Representatives Burrall, Ewing, Pajcic, Cox, and Haw-
kins-
HB 67-A bill to be entitled An act relating to cruelty to
animals; creating s. 828.1215, Florida Statutes, to prohibit the
use of live animals to train greyhounds in a manner which
would normally lead to the destruction or injuring of such ani-
mals; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representatives Burrall, Ewing, Fechtel, and Langley-
HB 68-A bill to be entitled An act relating to elections;
adding a new subsection (3) to s. 447.509, Florida Statutes, to
prohibit political contributions or expenditures in connection
with any election or convention by employee organizations;
amending s. 106.19, Florida Statutes, to prohibit acceptance of
such contributions by candidates, political committees, and
campaign treasurers; providing penalties; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives Burrall and Ewing-
HB 69-A bill to be entitled An act relating to pari-mutuel
wagering; creating s. 550.075, Florida Statutes, prohibiting
racetrack or fronton permit holders from cashing welfare



checks issued pursuant to s. 409.235, Florida Statutes, at a
racetrack or fronton; providing a civil penalty; providing an
effective date.



-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.









JOURNAL OF THE HOUSE



By Representatives Burrall, Ewing, and Nuckolls-
HB 70-A bill to be entitled An act relating to motor ve-
hicles; adding subsection (28) to s. 320.01, Florida Statutes,
1976 Supplement, defining the term "golf car" or "golf cart";
creating s. 320.515, Florida Statutes; exempting golf carts from
certain provisions of law with respect to motor vehicles and
traffic control; providing certain limitations upon such exemp-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representatives Burrall, Ewing, and Mann-
HB 71-A bill to be entitled An act relating to game and
freshwater fish; amending s. 372.99(1), Florida Statutes, and
adding a subsection thereto; providing for forfeiture of li-
censes for illegal taking or possession of deer or wild turkey;
providing for forfeiture of licenses for taking or killing of
doe deer; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Adams-
HB 72-A bill to be entitled An act relating to state gov-
ernment; amending s. 112.075(6) and (7), Florida Statutes,
1976 Supplement; providing for the payment by state agencies
of individual coverage of participants and dependents' coverage
for certain participants in the State Officers and *Employees
Group Insurance Program; deleting obsolete provisions to con-
form herewith; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative McKnight-
HB 73-A bill to be entitled An act relating to the Florida
Hazardous Substances Law; adding subsection (8) to s. 501.-
075, Florida Statutes, prohibiting the introduction, delivery for
introduction, or receipt and subsequent delivery or proffered
delivery in commerce of a hazardous substance in an improper-
ly sealed container; providing that the use of such a container
results in the substance being labeled a banned hazardous
substance; providing a definition; indicating applicable penal-
ties and remedies; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives McKnight and Bell-
HB 74-A bill to be entitled An act relating to juveniles;
adding a new subsection (6) to s. 39.02, Florida Statutes, pro-
viding that once a child has been transferred for criminal
prosecution pursuant to a waiver hearing or has been indicted
by a grand jury, resulting in conviction of a criminal offense,
the court shall be divested of juvenile jurisdiction over him for
all pending or subsequent criminal offenses; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Easley (by request)-
HB 75-A bill to be entitled An act relating to the sales and
use tax; amending s. 212.08(7) (a) and (c), Florida Statutes,
exempting from the sales and use tax the sale or lease of cer-
tain intangible personal property to cultural institutions cer-
tified by the Division of Cultural Affairs of the Department
of State; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Easley-
HB 76-A bill to be entitled An act relating to transporta-
tion; abolishing the Tampa Bay Area Rapid Transit Authority;
providing an effective date.



April 5, 1977



HJR 81-A joint resolution proposing amendments to Section
15 of Article III and Section 14 of Article XII of the State
Constitution relating to terms of members of the House of Rep-
resentatives.



-was read the first time by title and referred to the Com- -was read the first time by title and referred to the Com-
mittee on Transportation. mittee on Governmental Operations.



SOF REPRESENTATIVES 37

By Representative Easley-
HB 77-A bill to be entitled An act relating to the Pinellas
County Transportation Authority Law; repealing part I of chap-
ter 348, Florida Statutes, consisting of ss. 348.012-348.152, elim-
inating the Pinellas County Transportation Authority; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Cherry-
HCR 78-A concurrent resolution urging the Governor and
the Cabinet to commute the death sentences of certain prisoners
to life imprisonment.
-was read the first time by title and referred to the Com-
mittee on Corrections, Probation & Parole.

By Representatives Conway, Bell, Sheldon, Moffitt, Brown,
Hutto, and Hieber-
HB 79-A bill to be entitled An act relating to coastal wet-
lands; providing a short title; providing a declaration of policy;
providing definitions; providing exemptions; requiring persons
who undertake a dredging or filling activity or any activity
conducted in a coastal wetlands area or connected by an excava-
tion or series of excavations to a coastal wetlands area to ob-
tain a permit from the Department of Environmental Regula-
tion; providing for applications for such permits; providing
limitations with respect to the application and approval pro-
cedure; limiting the period for which permits are effective;
providing criteria for approval or rejection of a permit applica-
tion; providing for the collection of fees; providing for validity
of certain prior permits and certifications; providing for revoca-
tion, suspension, and modification of permits; providing protec-
tion of landowner's rights; providing penalties; authorizing the
adoption of certain rules; providing for application to govern-
mental agencies; providing limitations with respect to certain
exemptions; providing for application with respect to local re-
quirements; providing limitations on duplicative permitting;
providing for construction; providing for inclusion of the act
within chapter 403, Florida Statutes; providing for other matters
relative to the foregoing; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Conway-
HB 80-A bill to be entitled An act relating to local occupa-
tional license taxes; amending ss. 205.032, 205.033, 205.042,
205.043(1)(a), (5) and (6) and 205.053(1), Florida Statutes,
and creating ss. 205.034 and 205.044, Florida Statutes, relating
to the levy of such tax by counties and incorporated munici-
palities; deleting authority to levy such tax by resolution; pro-
viding that such tax shall not be based upon gross receipts;
providing for annual reporting; authorizing issuance of tem-
porary occupational licenses to transient businesses; providing
a new procedure for the distribution of county occupational
license tax receipts; prohibiting municipalities from levying an
occupational license tax on certain professional associations;
creating s. 205.048, Florida Statutes, orda Ses providing for the levy of
a joint city-county occupational license tax; creating s. 205.049,
Florida Statutes, providing certain conditions for the levy of
such tax; amending s. 205.162(1), Florida Statutes, providing
an exemption from occupational license taxes to certain cripples,
widows, invalids, or elderly people engaged in a profession;
amending s. 205.171(1)-(4), Florida Statutes, which provides an
exemption from the first $50 of occupational license taxes for
certain disabled veterans engaging in any business or occupation,
to include veterans of the Air Force or Air Force Reserve and
to include engaging in any profession within the scope of said
section; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Finance & Taxation.

By Representatives Conway, Healey, and Hazouri-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Margolis, Dyer, Kutun, Gordon, Hill, Fox,
Becker, Sadowski, Black, Eckhart, Gersten, Fontana, Richard,
Adams, Considine, Lehman, Burrall, Grizzle, T. Moore, Cox,
Davis, Sheldon, Young, and Kiser-
HB 82-A bill to be entitled An act relating to the regula-
tion of public utilities; adding a new paragraph (a) to s. 366.04
(2) and adding subsections (9) and (10) to s. 366.05, Florida
Statutes; empowering and requiring the Public Service Com-
mission to prescribe as permanent certain rates and charges
collected by public utilities, rural electric cooperatives and
municipal electric utilities for residential usage of electricity;
empowering the commission to approve rate and charge in-
creases during peak periods under certain circumstances; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Pajcic and Cox-
HB 83-A bill to be entitled An act relating to the landlord
and tenant law; amending s. 83.43(2), Florida Statutes, rede-
fining the term "dwelling unit" to include structures operated
or used as living quarters for five or more seasonal, temporary,
or migrant workers; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Pajcic-
HB 84-A bill to be entitled An act relating to insurance;
creating ss. 631.70-631.79, Florida Statutes; providing defini-
tions; requiring that certain domestic insurance companies and
certain foreign or alien insurance companies maintain, with a
custodian, a policyholder security account of a certain amount,
consisting of cash or marketable securities; providing a method
for determining amount; allowing the Insurance Commissioner
to accept compliance of certain foreign or alien insurance com-
panies with the requirements of the state of domicile, in lieu
of compliance with this act; requiring certain insurance com-
panies to provide a lien in favor of the Florida Insurance Guar-
anty Association; providing for reduction of the amount to be
maintained in the policyholder security account, due to credits
for reinsurance; providing for annual computation of accounts;
providing credit for certain deposits of securities; providing for
annual valuation and audit of accounts by the Insurance Com-
missioner; providing procedures with respect to deficiencies in
accounts and correction thereof; authorizing insurance com-
panies to exchange, substitute, or withdraw cash or securities
from accounts under certain circumstances; requiring prior
notice and authorization in certain cases; prohibiting the crea-
tion of interest or priority, in favor of any person or entity,
in the cash, security, or investments maintained in an account;
providing an exception; providing a schedule for compliance
with respect to the value of the policyholder security account;
providing for a lien on the account of insolvent insurers; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Pajcic, Bell, and J. W. Lewis-
HB 85-A bill to be entitled An act relating to state uniform
traffic control; amending s. 316.287, Florida Statutes; deleting
provisions which require persons who operate or ride upon a
motorcycle to wear protective headgear; deleting provisions
authorizing the Department of Highway Safety and Motor Ve-
hicles to approve or disapprove and to establish standards and
specifications for such headgear; deleting provisions requiring
the publication of lists of approved headgear; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Pajcic--



HB 86-A bill to be entitled An act relating to insurance;
creating s. 631.397, Florida Statutes; providing that the De-
partment of Insurance, as receiver of an insolvent insurance
company, shall propose for court approval a plan for the use
and disbursement of certain marshalled assets of the company;



specifying certain contents and procedures in regard to such
proposals; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Pajcic, Cox, and Becker-
HB 87-A bill to be entitled An act relating to farm labor
registration; creating s. 450.39, Florida Statutes, providing
civil remedies for farm workers against farm labor contractors
who violate the Farm Labor Registration Law; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representative Hutto-
HB 88-A bill to be entitled An act relating to juveniles;
creating s. 39.125, Florida Statutes, authorizing news dissem-
inating agencies to publish the names of juveniles and their
paSelIs Mhs jo suoTVloTA tqyI uoI7ouuoo u1 suulpjn2nS o sueiued
to have been committed by such juveniles; amending s. 39.03
(6), Florida Statutes; permitting the fingerprinting and photo-
graphing of 16 or 17 year old children under certain circum-
stances; removing the confidentiality requirement with respect
to juvenile records; amending s. 39.12(3) and (4), Florida Stat-
utes, removing the confidentiality requirement with respect to
juvenile court records; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representatives Hutto, Martin, Neal, and Rish-
HB 89-A bill to be entitled An act relating to dissolution
of marriage; amending s. 61.13(2) (b), Florida Statutes, author-
izing the court in a dissolution of marriage proceeding to award
visitation rights to the natural grandparents of a minor child;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Hutto-
HB 90--A bill to be entitled An act relating to state govern-
ment; creating a forms reduction and management program to
be headed by the Secretary of State; authorizing certain acts
by the secretary; prohibiting issuance, duplication, and distri-
bution of certain forms; creating a Forms Reduction and Man-
agement Appeals Board; providing for appointment, composi-
tion, and organization of the board; requiring certain reports;
providing for creation of a new section within the Department
of State for the purpose of administration and execution of
the provisions of this act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Hutto-
HJR 91-A joint resolution proposing an amendment to Sec-
tion 5 of Article IV and the addition of a new section to Ar-
ticle XII of the State Constitution relating to the election of
cabinet officers.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Hutto-
HB 92-A bill to be entitled An act relating to parental
support and maintenance; obligating certain persons aged 18
or over to assist in parental support and maintenance when
the parent or parents are in needy circumstances; providing
limitations; providing that the obligation of such support is
joint and severable for all persons so obligated; providing for
enforcement by court order; providing for revision of orders;
providing an effective date.



-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.



38



April 5, 1977









JOURNAL OF THE HOUSE



By Representatives Hutto and Fox-
HB 93-A bill to be entitled An act relating to child support;
amending s. 61.12, Florida Statutes, to provide that a court may
issue a continuing writ of garnishment to enforce the periodic
payment of child support; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Hutto-
HB 94-A bill to be entitled An act relating to unemploy-
ment compensation; creating s. 443.075, Florida Statutes, author-
izing self-employed business owners to contribute and receive
benefits under the unemployment compensation law under cer-
tain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Hutto and Hazouri-
HB 95-A bill to be entitled An act relating to beach and
shore preservation; amending ss. 161.053(4) and 161.121, Florida
Statutes; providing a second degree misdemeanor penalty for
driving a vehicle upon or damaging sand dunes seaward of
established setback lines; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Hutto-
HB 96-A bill to be entitled An act relating to disaster pre-
paredness; adding paragraph (1) to s. 252.36(5), Florida Stat-
utes, authorizing the Governor to use forces to assist private
citizens in clean-up and recovery operations under certain cir-
cumstances; providing immunity; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Nuckolls-
HB 97-A bill to be entitled An act relating to homestead
exemption; amending s. 196.081(1), Florida Statutes, 1976 Sup-
plement, removing certain residency requirements for eligibility
for homestead exemption which are imposed upon certain per-
manently and totally disabled veterans; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Davis-
HB 98-A bill to be entitled An act relating to fraudulent
practices; creating s. 817.562, Florida Statutes; providing defi-
nitions; prohibiting any person from selling, attempting to sell,
or possessing with intent to sell reproductions of fine art mul-
tiples unless labeled as such; providing a penalty; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative McKnight-
HB 99-A bill to be entitled An act relating to the South
Dade Water Conveyance System; providing an appropriation
to the Department of Natural Resources for the purpose of
providing state matching funds for the second year of con-
struction of such system; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

HB 100-Withdrawn

By Representatives Kiser, Margolis, and Cox-



HB 101-A bill to be entitled An act relating to electric utili-
ties; creating s. 366.075, Florida Statutes, authorizing and di-
recting the Florida Public Service Commission to adopt and



April 5, 1977



HB 107-A bill to be entitled An act relating to governmental
reorganization; creating s. 20.36, Florida Statutes; creating a
Department of Veterans' Affairs; transferring the Division of
Veterans' Affairs of the Department of Community Affairs to
said department; providing powers and duties of the depart-
ment; directing that conforming editorial changes be made in
the Florida Statutes; repealing s. 20.18(2) (c) and (13), Florida
Statutes, to conform to this act; providing that any costs oc-



OF REPRESENTATIVES 39

implement rules providing for a peak load pricing system for
all electric utilities; providing for inclusion of certain matters
within such rules; authorizing the commission to prohibit the
installation of certain electricity meters; adding paragraph (f)
to s. 366.04(2), Florida Statutes, and amending s. 366.11(1),
Florida Statutes, 1976 Supplement, providing for conformity;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Kiser-
HB 102-A bill to be entitled An act relating to education;
creating s. 233.0615, Florida Statutes, to require courses of
study in secondary schools related to the legal and justice sys-
tems of the state and of the United States; providing for adop-
tion of rules by the State Board of Education; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Kiser-
HB 103-A bill to be entitled An act relating to governmental
reorganization; transferring certain functions of the Division
of Resource Management of the Department of Natural Re-
sources relating to coastal zone management to the Bureau of
Coastal Zone Planning and Management of the Division of State
Planning of the Department of Administration, as created by
this act; amending s. 20.31(3), Florida Statutes, creating a
Bureau of Coastal Zone Planning and Management within the
Division of State Planning of the Department of Administra-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Hazelton-
HB 104-A bill to be entitled An act relating to the Admin-
istrative Procedure Act; adding paragraph (c) to s. 120.54(1),
Florida Statutes, 1976 Supplement, providing that when a pro-
posed rule affects rates charged members of the public for
services, required notice under the Administrative Procedure
Act must be published in the Florida Administrative Weekly
and in a newspaper of general circulation in the affected area,
and provided to each member of the Legislature representing
the affected area; providing that such notice must be provided
at least 21 days prior to the intended action; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Mixson-
HJR 105-A joint resolution proposing an amendment to Sec-
tion 9 of Article VII of the State Constitution relating to local
taxes for school purposes.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Lehman and Gordon-
HB 106-A bill to be entitled An act relating to mental
health; creating s. 394.4585, Florida Statutes, authorizing the
use of certain chemical weapons in mental health facilities
under certain circumstances; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representatives Neal and Hieber-









40 JOURNAL OF THE HOUSE

casioned by the operations of the act shall be paid from the
existing budget of the Division of Veterans' Affairs; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Appropriations.

By Representative Easley-
HB 108-A bill to be entitled An act relating to motor ve-
hicle title certificates; amending s. 319.21(2), Florida Statutes,
prohibiting the practice of updating motor vehicles for sale;
defining updating; providing an exception; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Easley-
HB 109-A bill to be entitled An act relating to homestead
exemption; amending s. 196.031(3) (b) and (c), Florida Statutes;
providing a homestead exemption of $5,000 for persons who
are totally and permanently disabled; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Easley-
HB 110-A bill to be entitled An act relating to motor ve-
hicle inspection; amending s. 325.16, Florida Statutes, reducing
the period during which the operator of a motor vehicle which
fails to pass inspection may correct or repair the defect with-
out penalty or additional charge; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

HB 111-Withdrawn

By Representative Easley-
HB 112-A bill to be entitled An act relating to marriage
licenses; amending s. 741.04, Florida Statutes, eliminating a re-
quirement of posting a copy of the application for said license
at the county courthouse for a certain period of time; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Becker and Fontana--
HB 113-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.052(1)(b) and (c), Florida
Statutes, 1976 Supplement, including judges of industrial claims
and members of the Industrial Relations Commission within
the Elected State Officers' Class of the Florida Retirement
System; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Maxwell-
HB 114-A bill to be entitled An act relating to boards of
education; amending s. 230.17(1), Florida Statutes, providing
for regular and special meetings of such boards at or near the
office of the superintendent; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Maxwell--



II



HB 115-A bill to be entitled An act relating to labor;
amending s. 447.605, Florida Statutes, clarifying the require-
ments of the Government in the Sunshine Law as it applies to
collective bargaining negotiations; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.



E OF REPRESENTATIVES April 5, 1977

By Representative Maxwell-
HB 116-A bill to be entitled An act relating to property
assessments; amending s. 193.085(4), Florida Statutes, direct-
ing the Department of Revenue to submit county railroad prop-
erty assessments to the respective county property appraisers
not later than a certain date; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

HB 117-Withdrawn

By Representative Maxwell-
HB 118-A bill to be entitled An act relating to labor or-
ganizations-public employees; amending s. 447.507(6), Florida
Statutes, requiring, instead of authorizing, the Public Employees
Relations Commission to suspend or revoke the certification
and revoke the check-off privileges of an employee organiza-
tion if the commission determines that the organization unlaw-
fully participated in a strike against a public employer; pro-
viding that any such suspension or revocation shall be for 2
years; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Maxwell-
HB 119-A bill to be entitled An act relating to taxation;
amending ss. 125.01(1)(r) and 200.071(3), Florida Statutes,
limiting the levy of ad valorem taxes within certain special
districts and municipal service taxing units to property receiv-
ing municipal services or benefits; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Maxwell-
HB 120-A bill to be entitled An act relating to the educa-
tion of exceptional students; amending s. 233.056, Florida Stat-
utes, providing specialized educational materials and other avail-
able services to exceptional students; providing an appropria-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

MRS. BLOOM IN THE CHAIR

By Representative Nelson-
HB 121-A bill to be entitled An act relating to courts;
amending s. 43.29(3), Florida Statutes, prohibiting members of
a Judicial Nominating Commission from serving more than
one consecutive 4-year term; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary,

By Representatives Nelson and Fox-
HJR 122-A joint resolution proposing an amendment to
Section 20 of Article V of the State Constitution relating to
judicial nominating commissions.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Hazelton, Woodruff, T. Lewis, and
Gordon-
HB 123--A bill to be entitled An act relating to public
buildings; creating s. 255.27, Florida Statutes, requiring the
supervisor or person in charge of a governmental building to
establish rules respecting a smoking policy in the building;
providing guidelines for such rules; providing an effective date.



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

By Representative Redman-
HB 124-A bill to be entitled An act relating to judgments;
amending s. 55.10, Florida Statutes, providing that judgments









JOURNAL OF THE HOUSE



and decrees become liens on real estate in the county where the
judgment or decree is recorded at the time of their recordation
and in other counties when separately recorded therein; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Redman and Young-
HB 125-A bill to be entitled An act relating to drug abuse
prevention and control; creating s. 893.135, Florida Statutes,
defining the crime of trafficking in a controlled substance;
providing that such crime is a separate offense under the pro-
visions of the chapter; providing a penalty; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Redman-
HB 126-A bill to be entitled An act relating to naturopathy;
amending s. 462.04(1), Florida Statutes, providing that the
Board of Naturopathic Examiners shall meet only once a year;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Redman-
HB 127-A bill to be entitled An act relating to negligence;
adding subsection (14) to s. 768.28, Florida Statutes, providing
for venue with respect to tort actions brought against the state
under the state's waiver of sovereign immunity law; amending
s. 768.30, Florida Statutes, providing that the venue provisions
are retroactive; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Maxwell-
HB 128-A bill to be entitled An act relating to ad valorem
taxation; amending s. 200.065(1), Florida Statutes, 1976 Sup-
plement, changing the formula by which the certified millage
is calculated by the property appraiser; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Maxwell-
HB 129-A bill to be entitled An act relating to traffic
safety; amending s. 234.082, Florida Statutes, which requires
that school boards notify appropriate agencies of highway
hazards to pupils, to provide for notification of the entity re-
sponsible for maintenance of the sidewalk, street, or highway
closest to the hazard; removing provisions which require school
boards to take precautions to safeguard pupils; providing an
effective date.
--was read the first time by title and referred to the Com-
mittee on Education.

By Representative Conway--
HB 130-A bill to be entitled An act relating to workmen's
compensation; amending s. 440.34(1), Florida Statutes, limiting
the attorney's fee for successful prosecution of a workmen's
compensation claim; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Commerce.

HB 131-Withdrawn

By Representative Gallagher--



HB 132-A bill to be entitled An act for the relief of Metro-
politan Dade County Transit Authority; providing an appro-
priation to compensate the county for its loss of revenue sus-



April 5, 1977



By Representative James-
HB 138-A bill to be entitled An act relating to salt water
conservation; prohibiting the taking of salt water fish by any
means other than hook and line within 300 feet seaward from



OF REPRESENTATIVES 41

tainted by overpayment of motor vehicle license taxes on county
buses; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Claims, Finance & Taxation, and Appropriations.

By Representative Grizzle-
HB 133-A bill to be entitled An act relating to saltwater
fisheries and conservation; creating s. 370.24, Florida Statutes,
authorizing all law enforcement agencies in the state to assist
the Division of Marine Resources of the Department of Nat-
ural Resources in the enforcement of laws and rules under the
jurisdiction of the division; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Kiser-
HCR 134-A concurrent resolution to encourage and support
the study of law in the Florida public school system.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Young-
HB 135-A bill to be entitled An act relating to education;
authorizing and directing the State Board of Education and
the Board of Regents to establish an institution to be known
as the Florida Open University; providing definitions; amend-
ing s. 239.01, Florida Statutes, which defines the State Uni-
versity System; authorizing the establishment of an adminis-
trative headquarters and learning centers; authorizing the
granting of degrees; authorizing the Florida Open University
to contract for space, for the development and preparation of
courses of instruction, and for testing, counseling, and instruc-
tional services; protecting the right of other state universities
to offer external degree and continuing education programs;
providing for reciprocity of credits; authorizing the Board of
Regents to assess student fees; providing for an annual report
to the Legislature; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Young, Conway, and Cox-
HB 136-A bill to be entitled An act relating to taxation;
adding subsection (19) to s. 212.02, Florida Statutes, 1976
Supplement, and adding paragraph (o) to subsection (1) of
s. 220.03, Florida Statutes, 1976 Supplement, defining the term
"solar energy systems"; adding a new subsection (10) to
s. 212.08, Florida Statutes, exempting certain sales involving
solar energy systems from the sales and use tax; amending
s. 220.12(1), Florida Statutes, and creating s. 220.145, Florida
Statutes, exempting income derived from the manufacture and
sale of solar energy systems from taxation under the cor-
porate income tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representatives James, Healey, and Robinson--
HB 137-A bill to be entitled An act relating to the district
school system; amending s. 230.23(7) (d), Florida Statutes,
1976 Supplement, providing for the establishment and main-
tenance of a school library media services program; amending
s. 230.33(9) (d), Florida Statutes, 1976 Supplement, providing
that the superintendent shall recommend plans for a school
library media services program; repealing s. 233.29, Florida
Statutes, relating to establishment and maintenance of librar-
ies by school boards; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.









42 JOURNAL OF THE HOUSE

the mean low water line on the public beaches of the City
of Boca Raton; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

HB 139-Withdrawn

By Representative James-
HB 140-A bill to be entitled An act relating to law enforce-
ment; amending s. 321.02, Florida Statutes, directing the De-
partment of Highway Safety and Motor Vehicles to furnish
each patrol officer of the Florida Highway Patrol with a
bulletproof vest; amending s. 370.021(5), Florida Statutes, pro-
viding that the Department of Natural Resources shall fur-
nish each of its law enforcement officers with a bulletproof
vest; providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Grizzle and Moffitt-
HB 141-A bill to be entitled An act relating to hemophilia;
creating the Hemophilia Advisory Council; requiring the De-
partment of Health and Rehabilitative Services to develop and
administer a program to assist hemophiliacs in obtaining treat-
ment, to develop programs for treatment, and to institute
educational programs; requiring the Hemophilia Advisory
Council to advise the Department of Health and Rehabilitative
Services on appropriate programs for the care and treatment
of hemophilia and to coordinate programs of various organiza-
tions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Adams-
HCR 142-A concurrent resolution proposing the appoint-
ment of a joint legislative study committee on use of the com-
munity colleges as vocational institutions.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Adams-
HB 143-A bill to be entitled An act relating to uniform
traffic control; amending s. 316.165(1) and (6), Florida Stat-
utes, authorizing certain handicapped persons to use parking
spaces reserved for wheelchair disabled persons; removing pro-
visions requiring any such disabled person to be certified as
totally and permanently disabled; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Adams-
HB 144-A bill to be entitled An act relating to the Florida
Public Service Commission; amending s. 364.20 and adding
subsection (9) to s. 366.05, Florida Statutes, requiring the
commission by rule to require the return of security deposits
by telephone companies and pub cities to certain cus-
tomers; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Adams-
HB 145--A bill to be entitled An act relating to public
employee labor organizations; amending s. 447.303, Florida
Statutes, relating to payroll deduction of employee organiza-
tion dues and uniform assessments by public employers; pro-
viding an effective date.



1



-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representatives Adams and Gordon-
HB 146-A bill to be entitled An act relating to the state
officers and employees group insurance program; amending



E OF REPRESENTATIVES April 5, 1977

s. 112.075(3) (b) and (9), Florida Statutes, 1976 Supplement,
providing for inclusion of chiropractic benefits within the pro-
gram; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Hieber and Fox-
HB 147-A bill to be entitled An act relating to resort taxes;
providing for the levy of a resort tax of 1 percent on certain
transient rentals and admissions that is in addition to all other
taxes; providing for collection and distribution; providing pro-
hibitions, enforcement, and penalties; creating the Florida
Tourist Commission; providing for membership and compensa-
tion of the Florida Tourist Commission; providing exemption;
providing for disposition of revenues; providing for the adop-
tion of rules; prohibiting the authorization of any credit or
discount for collecting the tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Tourism & Economic Development, Finance & Tax-
ation, and Appropriations.

By Representative Redman-
HB 148-A bill to be entitled An act relating to gambling;
amending s. 849.12, Florida Statutes, declaring as contraband,
and providing for the seizure and disposition of, money, prop-
erty, or other things of value involved in illegal lotteries or
gambling, by the governmental entity which seized such con-
traband; providing for actions for conversion under certain
circumstances; replacing present provisions relating to recov-
ery proceedings for such forfeited contraband; providing pro-
tection for innocent parties and valid lienholders and providing
for the return of their money, property, or other things of
value under certain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Redman and Young-
HB 149-A bill to be entitled An act relating to drug abuse;
creating s. 893.16, Florida Statutes: declaring as contraband,
and providing for the seizure and disposition of, money, prop-
erty, or other things of value involved in the purchase or sale
of controlled substances, by the governmental entity which
seized such contraband; providing for actions for conversion
under certain circumstances; providing protection for innocent
parties and valid lienholders and providing for the return
of their money, property, and other things of value seized
under certain circumstances; exempting the seizure of vessels,
motor vehicles, and aircraft; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Foster and Margolis-
HB 150-A bill to be entitled An act relating to firearms
and weapons: creating the "Florida Firearm Act of 1977":
providing legislative intent; adding subsections (15), (16), and
(17) to s. 790.001, Florida Statutes, 1976 Supplement, provid-
ing definitions; amending s. 790.01, Florida Statutes, 1976
Supplement, relating to carrying concealed weapons and pen-
alties therefore: amending s. 790.05, Florida Statutes, 1976
Supplement, relating to penalty for carrying a firearm or
electric weapon without a license; amending s. 790.06, Florida
Statutes, 1976 Supplement, relating to procuring a license to
carry a firearm or electric weapon; creating s. 790.235, Florida
Statutes. prohibiting certain sales of firearms or electric weap-
ons or devices; amending s. 790.25(3), Florida Statutes, pro-
viding for lawful possession and use of firearms and other
weapons; creating s. 790.27, Florida Statutes, providing for
unlawful use and disposition of shotguns, rifles, or pistols;
providing penalties; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Criminal Justice.



HB 151-Withdrawn

By Representatives Nelson, Evans, and Fox-
HB 152-A bill to be entitled An act relating to the Public
Service Commission; amending s. 350.01, Florida Statutes, to










JOURNAL OF THE HOUSE OF REPRESENTATIVES



increase the number of public service commissioners from
three to five; providing for election of the two new members
in the general election of November 1978; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Hattaway-
HB 153-A bill to be entitled An act relating to elections;
creating s. 99.033, Florida Statutes, requiring each candidate
for election to the Legislature to be a bona fide elector and
resident of the district at the time of qualifying; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Hutto-
HB 154-A bill to be entitled An act relating to state funds;
creating s. 215.315, Florida Statutes; prohibiting the use of
state funds for the purchase of alcoholic beverages; providing
an exception; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Hutto-
HB 155-A bill to be entitled An act relating to drivers'
licenses; amending s. 322.051(1), Florida Statutes, removing
age limitation with respect to issuance of identification cards
to persons who have no valid driver's license; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives Hutto and Fox--
HB 156-A bill to be entitled An act relating to motor
vehicle licenses; amending ss. 320.0806(2) and 320.083(1) and
(2), Florida Statutes; providing that "HP" license tags for
handicapped persons and special license tags for amateur radio
operators may be issued for private pickup trucks and recrea-
tional vehicles; amending s. 320.084, Florida Statutes; provid-
ing that "DV" license tags be issued free only to disabled
veterans who meet certain residency requirements; requiring
the surrender of such tag when the veteran is no longer a
resident of Florida; amending s. 320.0843(1), Florida Statutes,
providing that license plates for wheelchair users may be
issued for recreational vehicles; amending s. 320.089(1) and
(2), Florida Statutes, providing that special license plates
issued to members of the National Guard may be issued for
private pickup trucks and recreational vehicles; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Neal-
HB 157-A bill to be entitled An act relating to the Work-
men's Compensation Law; adding a new subsection (6) to
s. 440.151, Florida Statutes, providing for benefits with re-
spect to disability or death caused by asbestosis, berylliosis,
silicosis, and other dust diseases under the Workmen's Com-
pensation Law; providing limitations on benefits; providing
for findings by a qualified medical specialist for examination
and recommendations with regard to the diagnosis of such
diseases; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Neal--
HB 158-A bill to be entitled An act relating to workmen's
compensation; amending s. 440.02(1)(c), Florida Statutes, de-
leting certain persons from the definition of the term "em-
ployment" under the Workmen's Compensation Law; providing
an effective date.



By Representative Redman-
HB 159-A bill to be entitled An act relating to obscene
literature; creating s. 847.10, Florida Statutes, declaring as
contraband, and providing for the seizure and disposition of,
money, property, or other things of value involved in the pur-
chase or sale of obscene materials, by the governmental entity
which seized such contraband; providing for actions for con-
version under certain circumstances; providing protection for
innocent parties and valid lienholders and providing for the
return of their money, property, or other things of value
seized under certain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Redman-
HB 160-A bill to be entitled An act relating to prostitution;
creating s. 796.08, Florida Statutes, declaring as contraband,
and providing for the seizure and disposition of, money, prop-
erty, or other things of value involved in certain illegal acts
relating to prostitution, by the governmental entity which
seized such contraband; providing for actions for conversion
under certain circumstances; providing protection for innocent
parties and valid lienholders and providing for the return of
their money, property, or other things of value under certain
circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Becker-
HB 161-A bill to be entitled An act relating to juries;
amending s. 40.09, Florida Statutes, authorizing certain coun-
ties to abolish their jury commission and empower the court
administrator to perform the commission's duties without re-
gard to any special law or general law of local application
to the contrary; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Melvin-
HB 162-A bill to be entitled An act relating to education;
amending s. 233.062, Florida Statutes, permitting school
boards to provide a daily period of silent meditation in public
schools; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Education.

By Representative Melvin-
HCR 163-A concurrent resolution requesting the National
Railroad Passenger Corporation to reinstitute the "Gulf Wind"
passenger train between Jacksonville, Florida, and New Orleans,
Louisiana, as an experimental route.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representatives Melvin and Margolis-
HB 164-A bill to be entitled An act relating to education;
creating the Florida Education for Aging Act of 1977; estab-
lishing a grant program for school districts and community
colleges; providing for grant proposals to be submitted to the
Department of Education; providing for review and disposition
of proposals; providing for state leadership and technical
assistance; providing for an annual report by the Commis-
sioner of Education; providing an appropriation and for dis-
tribution of the funds; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Melvin-
HB 165-A bill to be entitled An act relating to the abuse
of human beings; creating s. 827.10, Florida Statutes; pro-
hibiting the physical or mental abuse of human beings; pro-
viding penalties; providing an effective date.



-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.



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



43



April 5, 1977









44



By Representative Melvin-
HB 166-A bill to be entitled An act relating to the bever-
age law; amending s. 561.26, Florida Statutes, providing a
3-month license fee for applications made after July 1; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representatives Melvin and Fox-
HB 167-A bill to be entitled An act relating to alcoholic
beverage licenses; amending s. 561.20(2)(a), Florida Statutes,
1976 Supplement, and adding paragraph (f) thereto, removing
certain statutory language relating to the exemption on seat-
ing capacity and minimum size requirements granted to certain
restaurants which serve alcoholic beverages which are part of
publicly-owned or leased airports; exempting certain alcoholic
beverage vendors operating in municipally-owned or leased air-
ports from the quota alcoholic beverage license limitations;
providing for the issuance of "Special Airport Licenses" and
prohibiting transfer of such licenses; providing an exception;
exempting Special Airport Licenses from certain requirements
of law or rules promulgated thereunder; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Melvin-
HB 168-A bill to be entitled An act relating to retirement;
amending s. 121.052, Florida Statutes, 1976 Supplement, pro-
viding for the merger of the membership of the Elected State
Officers' Class into the regular class of the Florida Retire-
ment System; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Fontana-
HB 169-A bill to be entitled An act relating to the regu-
lation of bail bondsmen; amending s. 648.34(2)(d), Florida
Statutes, and adding subsection (5); requiring successful com-
pletion of a basic certification course in the criminal justice
system for licensure of limited surety agents and professional
bondsmen; authorizing the Department of Insurance to approve
such certification course; requiring successful completion of
the course by current licensees; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Fontana-
HB 170-A bill to be entitled An act relating to the State
Career Service System; repealing s. 110.051(3), Florida Stat-
utes, which provides that employees of the Department of
Criminal Law Enforcement are exempt from the provisions
of s. 110.061, Florida Statutes, 1976 Supplement, relating to
suspensions, dismissals, reductions in pay, demotions, layoffs,
and transfers; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Fontana-
HB 171-A bill to be entitled An act relating to motor
vehicles; amending s. 320.33, Florida Statutes, relating to
unlawful possession of motor vehicles from which the serial
number has been removed; increasing the penalty from a mis-
demeanor of the second degree to a felony of the third degree;
providing an exception; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Young and Conway--



HB 172-A bill to be entitled An act relating to the tax
on sales, use, and other transactions; adding paragraph (1)



April 5, 1977



to subsection (7) of s. 212.08, Florida Statutes; 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 read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Young and Conway-
HB 173-SF-A bill to be entitled A proposal relating to
property rights.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Hawkins-
HB 174-A bill to be entitled An act relating to forest
protection; creating s. 590.025, Florida Statutes, authorizing
the Division of Forestry of the Department of Agriculture and
Consumer Services to control burn wild lands under certain
circumstances and subject to certain conditions; providing
duties of tax collectors with respect thereto; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropria-
tions.

By Representatives Margolis and Fox-
HB 175-A bill to be entitled An act relating to public
utilities; requiring certain private utility companies to trans-
mit estimated monthly installments of collections of utility
receipts representing local government franchise fees or fran-
chise taxes on a monthly basis; providing for the calculation
and adjustment of such installments; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Finance &
Taxation.

By Representatives Melvin, Mica, Malloy, and O'Malley-
HB 176-A bill to be entitled An act relating to the Capitol
Center; amending s. 272.111 and creating s. 272.115, Florida
Statutes, expressing legislative intent and directing the Divi-
sion of Building Construction and Property Management to
preserve and restore the old state capitol building; amending
s. 272.121(1) and (4), Florida Statutes, including such restora-
tion within the Capitol Center long-range plan; requiring the
submission of an architectural study of such restoration by
the division and the Capitol Center Planning Commission to
the Governor and Legislature; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Hill, Fox, Richard, Davis, Allen, Rish,
Culbreath, and Margolis-
HJR 177-A joint resolution proposing an amendment to
Section 4 of Article VII of the State Constitution relating
to assessment of property for purposes of taxation.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Finance & Taxation.

By Representatives Hill, Fox, and Eckhart-
HB 178-A bill to be entitled An act relating to motor
vehicle repair; creating the "Motor Vehicle Repair Act of
1977"; providing definitions; providing exceptions to the appli-
cation of the act; creates the State Motor Vehicle Repair
Board; providing for organization, compensation, powers, and
duties of the board; requiring persons who engage in the



repair of motor vehicles for compensation to be licensed as
a specialty or master mechanic; providing procedures for appli-
cation and examination; requiring permits for mechanic train-
ees; requiring motor vehicle repair facilities to be registered
with the board; providing for fees; providing penalties; pro-
viding for a simplified licensure procedure with respect to



JOURNAL OF THE HOUSE OF REPRESENTATIVES










JOURNAL OF THE HOUSE



certain mechanics who have practiced before the effective date
of this act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Hieber-
HJR 179-A joint resolution proposing an amendment to
Section 12 of Article III of the State Constitution relating
to state appropriations.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

HB 180-Withdrawn

HB 181-Withdrawn

By Representative Nuckolls-
HB 182-A bill to be entitled An act relating to windstorm
insurance; repealing s. 627.351(6), Florida Statutes, 1976 Sup-
plement, deleting the provision that certain windstorm risks
shall be and remain insured under the National Flood Insur-
ance Program to be eligible for windstorm insurance coverage;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Becker, Adams, Warner, Fox, Gordon,
Pajcic, Davis, and Margolis-
HB 183-A bill to be entitled An act relating to combina-
tions restricting trade or commerce; creating s. 542.13, Flor-
ida Statutes; providing that no person shall exclude, require
another to be excluded, or be required to exclude another
from a business transaction on the basis of a policy requiring
discrimination on the basis of sex, race, color, religion, ances-
try, or national origin or on the basis that the person to be
excluded has conducted business in a particular location; pro-
viding that terms of any contract or agreement which are
in violation of the act are void and unenforceable; providing
for applicability of penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Adams-
HB 184-A bill to be entitled An act relating to motor
homes and mobile homes; amending s. 320.01(1)(b) and (2),
Florida Statutes, 1976 Supplement, redefining the terms "motor
home" and "mobile home"; providing a directive to statute
editors; providing effective dates.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Nuckolls-
HB 185-A bill to be entitled An act relating to probate;
creating s. 731.112, Florida Statutes; providing that records,
documents, or judicial proceedings filed with the Clerk of
the Circuit Court in probate matters shall only be open for
inspection to certain persons or organizations; providing an
exception; requiring the clerk to insure the proper inspection
of such records; providing a penalty; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Lockward-
HB 186-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending s. 338.19(1), Florida Stat-
utes, to require the department to reimburse a government
owned utility from the Working Capital Trust Fund for the



entire expense of removing or relocating any utility facility;
providing for certain deductions from the reimbursement; au-
thorizing expenditure of both restricted and unrestricted state



April 5, 1977



amending s. 382.28, Florida Statutes, which requires the
Bureau of Vital Statistics to prescribe the form for marriage
licenses, to require that such licenses include provisions allow-
ing each person to select, as a legal surname for either or
both, and allowing both persons to select, as a legal surname
for the children of the marriage, at the time of applying for



OF REPRESENTATIVES 45

roads moneys and gas tax revenues for such reimbursement;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives Fontana and Moffitt-
HB 187-A bill to be entitled An act relating to courts;
amending s. 40.24, Florida Statutes, 1976 Supplement, provid-
ing an increase in pay of jurors; amending s. 92.142, Florida
Statutes, 1976 Supplement, providing an increase in pay and
travel expenses of witnesses; amending s. 92.141, Florida Stat-
utes, 1976 Supplement, relating to mileage allowances for law
enforcement officers who travel in privately-owned vehicles to
testify as official witnesses; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives McKnight and Fox-
HB 188-A bill to be entitled An act relating to outdoor
advertisers; adding subsection (18) to s. 479.01, Florida Stat-
utes, defining "political sign"; creating s. 479.215, Florida
Statutes, providing that any person who places a political
sign on or above any state or county road right-of-way is
guilty of a noncriminal violation; amending s. 479.22, Florida
Statutes, providing for conformity; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Hattaway-
HB 189-A bill to be entitled An act relating to public
construction; amending s. 255.05, Florida Statutes; providing
the conditions of payment and performance bonds; providing
for notices to be given to the contractor and surety by the
lienors not in privity with the contractor; prescribing a per-
missible form of bond; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Young-
HB 190-A bill to be entitled An act relating to beverage
taxation; amending s. 563.05, Florida Statutes, increasing the
excise tax on malt beverages; amending s. 564.06(1), (2), (3),
and (4), Florida Statutes, increasing the excise tax on wines
and beverages; amending s. 565.12(1) and (2), Florida Stat-
utes, increasing the excise tax on liquors and beverages;
amending s. 565.13, Florida Statutes, providing that the dis-
tributor's discount permitted with respect to the tax shall not
apply to the increase in taxes as provided by this act; pro-
viding for other matters relative to the foregoing; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Finance &
Taxation.

By Representatives Morgan and Robinson-
HB 191-A bill to be entitled An act relating to district
school systems; amending s. 230.23(5)(h), Florida Statutes,
1976 Supplement, increasing the maximum limits of certain
awards which may be made to personnel of the system; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Gordon and Fox-
HB 192-A bill to be entitled An act relating to change
of name; amending s. 62.031(7), Florida Statutes, and adding
a new subsection, to provide that a petition for a change of
name shall not be denied on the basis of sex or marital status;









46 JOURNAL OF THE HOUSE

such license, certain names or combinations of names; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Gordon and Fox--
HB 193-A bill to be entitled An act relating to family
planning; amending s. 381.382(3) and (5), Florida Statutes,
permitting broader dissemination of maternal health and con-
traceptive information and services to minors; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representatives Gordon and Fox-
HB 194-A bill to be entitled An act relating to prostitution;
amending s. 796.03, Florida Statutes, relating to the procuring
of females under the age of 16 for prostitution, to extend
the application of the law to males under the age of 16 as
well; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Gordon and Fox--
HB 195-A bill to be entitled An act relating to desertion;
amending s. 856.04(1), Florida Statutes, providing, for both
spouses, equal application of the law relating to desertion and
the withholding of support; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Redman-
HB 196-A bill to be entitled An act relating to financial
matters of the state; adding subsection (4) to s. 215.44, Flor-
ida Statutes, directing the Board of Administration to prepare
and approve an operating budget; creating s. 215.515, Florida
Statutes, providing that the board shall make charges for all
investment services performed for any agency or fund pur-
suant to any provision of law; directing the Department of
Administration to review such charges; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Fontana-
HB 197-A bill to be entitled An act relating to public
lodging establishments; amending s. 509.101(2), Florida Stat-
utes, and adding subsection (3) to said section; providing
that guest registers shall be available for inspection by law
enforcement officers; providing a penalty; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Tourism & Economic Development.

By Representative Fontana-
HB 198-A bill to be entitled An act relating to the Bever-
age Law; amending s. 561.25, Florida Statutes, relating to the
prohibition against law enforcement officers and certain em-
ployees engaging in business related to the sale of alcoholic
beverages, to provide that such officers and employees may
own certain securities which are traded on a major stock
exchange; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.



I]



By Representatives Healey, Pajcic, Steinberg, T. Moore,
Bloom, Cox, O'Malley, Fox, Warner, Gustafson, Batchelor,
McPherson, Black, and Cassens-
HB 199-A bill to be entitled An act relating to the sale
of beverages; providing definitions; requiring every container
of certain beverages sold in the state to have a clearly indi-
cated refund value of not less than 5 cents; requiring dealers



9 OF REPRESENTATIVES April 5, 1977

and distributors of such beverages to accept the return of
beverage containers and to pay the required refund; providing
a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

On motion by Mr. Culbreath, without objection, HB 199 was
withdrawn from the Committee on Commerce and referred to
the Committee on Regulated Industries & Licensing.

By Representatives Neal and Healey-
HB 200-A bill to be entitled An act relating to the Cross-
Florida Barge Canal; repealing parts I and II of chapter 374,
Florida Statutes, consisting of ss. 374.011-374.521, Florida
Statutes, repealing the Canal Authority Act and abolishing
all navigation districts, commissions, and powers and duties
established pursuant thereto; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Batchelor-
HB 201-A bill to be entitled An act relating to taxation;
providing for the levy of a local option resort tax by any
county within the state; providing for and requiring a refer-
endum as a prerequisite to the levy; providing for payment
and collection of the tax; providing for reports to the county
tax collectors and the Department of Revenue; authorizing
the expenditure of collections for the promotion of tourism-
related facilities; authorizing the pledging of funds collected
as security for bonds; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Tourism & Economic Development, Finance & Tax-
ation, and Appropriations.

By Representative Young-
HB 202-A bill to be entitled An act relating to the tax
on cigarettes; amending s. 210.02(1), (3), (4), and (5), Florida
Statutes, increasing the cigarette tax; amending s. 210.20(2)
and (3), Florida Statutes, and adding a subsection thereto;
providing for the distribution of revenues from such tax to
the General Revenue Fund; directing that a change in term-
inology in the Florida Statutes be made; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Conway-
HB 203-A bill to be entitled An act relating to personnel
of the school system; adding subsections (10) and (11) to
s. 231.36, Florida Statutes, relating to dismissal or suspension
of instructional, administrative, and supervisory personnel;
specifying bases for bringing charges of incompetency; pro-
viding procedures for dismissal on basis of incompetency; re-
quiring that employees so dismissed be offered any teacher
aide vacancy; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Conway-
HJR 204-A joint resolution proposing an amendment to
Section 3 of Article III and the creation of Section 18 of
Article XII of the State Constitution relating to sessions of
the Legislature.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Conway and Fox-



HB 205-A bill to be entitled An act relating to Florida's
freshwater resources; designating the 17 major springs in
Florida, certain portions of the rivers flowing from them,
and contiguous areas as areas of critical state concern; pro-
viding for prescription of the definitive boundary of such
areas; exempting such areas from specified provisions of the











Florida Environmental Land and Water Management Act of
1972; imposing a suspension on development pending land use
regulations; providing legislative intent; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Conway-
HB 206-A bill to be entitled An act relating to educational
records; creating s. 229.782, Florida Statutes; providing defi-
nitions; providing that the parent or guardian of a pupil or
student attending any public school, area vocational-technical
center, community college, or state university, or the pupil or
student himself if he is 18 or older or otherwise eligible, shall
be entitled to specified rights of access, waiver of access,
challenge and hearing, and privacy, with regard to records
and reports relating to such pupil or student maintained and
used by such educational institution; providing for rules to be
determined by the State Board of Education; prohibiting re-
lease of pupil and student records without written consent;
providing exceptions; providing for notification of parents,
guardians, pupils, and students of their rights; providing a
penalty; amending s. 119.07(2)(b), Florida Statutes, exempt-
ing such pupil and student records from provisions generally
relating to the inspection and examination of public records;
amending ss. 230.7681, 232.23(1), and 239.77, Florida Statutes,
relating to records maintained by public schools, community
colleges, and state universities, to conform to this act; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Hieber-
HJR 207-A joint resolution proposing an amendment to
Section 5 of Article IV and the creation of Section 18 of
Article XII of the State Constitution limiting the number of
terms of office for cabinet members.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representatives Ogden, Fox, and Adams-
HB 208-A bill to be entitled An act relating to ad valorem
tax relief; creating part II of chapter 196, Florida Statutes,
providing for annual grants of tax relief from ad valorem
taxes to qualified households; providing definitions and pro-
cedures; providing for administration by the Department of
Revenue and county tax collectors; providing for penalties
and confidentiality; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Hieber, Cox, and Warner-
HB 209-A bill to be entitled An act relating to elections;
amending s. 97.021(1), Florida Statutes, redefining "primary
election"; amending s. 100.061, Florida Statutes; providing
that the candidate receiving the highest number of votes in
a primary election shall be declared nominated for office;
providing for the drawing of lots in case of a tie vote; deleting
requirement of a second primary election where no candidate
receives a majority of the votes cast; amending s. 100.111(1),
Florida Statutes, deleting reference to second primary election
provisions relating to the filling of vacancies in elective
office; amending ss. 105.021, 105.031(1), 105.041(4V(a), and
105.051, Florida Statutes, providing for one rather than two
nonpartisan elections for judicial offices; changing the pro-
cedure for election of judicial officers by deleting necessity
for run-off elections; amending ss. 106.08(1) and 106.10(1),
Florida Statutes, relating to campaign contributions and cam-
paign expenditures, to conform to the removal of second pri-
mary elections; amending s. 582.18(1), Florida Statutes, relat-
ing to the election of supervisors of soil and water conservation
districts; repealing s. 100.091, Florida Statutes, as amended,
abolishing second primary elections; providing a directive to
statute editors; providing an effective date.



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



47



By Representative Melvin-
HB 210-A bill to be entitled An act relating to public
documents; establishing the State Government Printing Office
within the Department of General Services to distribute public
documents of general interest; providing duties of the execu-
tive director and the department; providing for rules and
fees; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations, Finance & Taxation, and
Appropriations.

HB 211-Withdrawn

By Representative Hazouri-
HB 212-A bill to be entitled An act relating to voter
registration; amending s. 98.051(4) and (5), Florida Statutes,
providing that the closing date for registration for state and
local elections shall be the same as that for national presi-
dential elections; prohibiting any person from altering his
existing registration except during a period provided for the
registration of electors; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives T. Moore and Grizzle-
HB 213-A bill to be entitled An act relating to drinking
water; creating the "Florida Safe Drinking Water Act," and
providing definitions therefore; authorizing the Department of
Environmental Regulation to adopt and enforce state primary
and secondary drinking water regulations applicable to public
water systems; exempting certain public water systems; au-
thorizing establishment of procedures for enforcement, includ-
ing monitoring and inspection of such systems; providing for
records and reports; restricting the department from adopting
regulations requiring the addition of substances to drinking
water solely for preventive health care purposes; providing
that the department may authorize certain variances and
exemptions; authorizing the department to issue orders and
commence civil actions to protect the public from imminent
health hazards; requiring the promulgation of an adequate
plan for emergency provision of water; providing specified
procedures for notification of users and regulatory agencies
under certain conditions; authorizing alternative notice pro-
cedures; authorizing departmental inspections; prohibiting cer-
tain acts; providing penalties and remedies; providing depart-
ment powers and duties; repealing ss. 381.271 and 381.281,
Florida Statutes, relating to approval of water and water
supply and disposal system advisory duty; providing sever-
ability; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative T. Moore-
HB 214-A bill to be entitled An act relating to assess-
ments; amending s. 193.501(1), (3), (4), and (6), Florida
Statutes, providing that land in an area of critical state
concern or land designated by a county to be environmentally
endangered shall be eligible for preferential ad valorem tax
assessment based upon the use of the land in the manner
presently provided for land used for outdoor recreational or
park purposes; providing that such lands shall be subject to
certain conservation restrictions; providing that such lands be
assessed as certain other lands whose use is restricted; re-
stricting the owner's use of such lands; providing for the
payment of a deferred tax liability upon the reconveyance of
the development right or release of the covenant; deleting
provisions relating to the payment of the tax liability; defin-
ing "conservation restriction" and "deferred tax liability";
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Finance & Taxation.

By Representative T. Moore-



HJR 215-A joint resolution proposing an amendment to
Section 4 of Article VII of the State Constitution relating
to taxation.



April 5, 1977



JOURNAL OF THE HOUSE OF REPRESENTATIVES









48 JOURNAL OF THE HOUSE

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

By Representatives Brown and Fox-
HB 216-A bill to be entitled An act relating to elections;
adding subsection (6) to s. 97.063, Florida Statutes, providing
for a sworn statement of physical disability for eligibility
for absentee registration; providing a penalty; amending s.
97.065, Florida Statutes, providing for two witnesses to attest
absentee registration application of physically disabled per-
sons; adding subsection (6) to s. 98.051, Florida Statutes,
providing for the registration of physically handicapped per-
sons by mail; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Brown-
HB 217-A bill to be entitled An act relating to insurance;
amending s. 628.401(1), Florida Statutes, authorizing a domes-
tic stock or mutual insurer to pay interest not to exceed the
usury rate upon money borrowed for certain business pur-
poses; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Patchett, T. Lewis, and Lehman-
HB 218-A bill to be entitled An act relating to criminal
child abuse; creating s. 827.065, Florida Statutes, providing
that it is unlawful to cause a minor under 18 years of age
to become a delinquent or dependent child or to continue to
be a delinquent or dependent child; providing a misdemeanor
penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Becker-
HB 219-A bill to be entitled An act relating to the state-
wide grand jury; amending ss. 905.33(1) and 905.36, Florida
Statutes, providing that the Attorney General of the state, or
one of his designated assistants, shall serve as legal advisor
to all statewide grand juries rather than the State Attorney
or assistant state attorneys; directing prosecution of indict-
ments by the respective State Attorneys; authorizing the
Attorney General to assist in certain circumstances; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Maxwell and Healey-
HB 220-A bill to be entitled An act relating to collective
bargaining; amending s. 447.401, Florida Statutes, providing
that no certified employee organization shall be required to
process a grievance for any public employee who is not a
member of the organization; providing an effective date.
.-was read the first time by title and referred to the Com-
;mittee on Retirement, Personnel & Collective Bargaining.

By Representative Gordon-
HB 221-A bill to be entitled An act relating to elections;
amending s. 106.19, Florida Statutes, prohibiting qualification
for public office by persons convicted of violation of certain
election laws; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Gordon-



HM 222-A memorial to the Congress of the United States,
urging Congress to enact into law a universal comprehensive
health care program.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.



I



3 OF REPRESENTATIVES April 5, 1977

By Representative Gordon-
HB 223-A bill to be entitled An act relating to the Bureau
of Vital Statistics; creating s. 382.215, Florida Statutes, re-
quiring the State Registrar to make and file a new birth
certificate for a person upon receipt of certain evidence that
such person's sex has been changed; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

HB 224-Withdrawn

By Representative Gordon-
HB 225- A bill to be entitled An act relating to alcoholic
beverage licenses; adding paragraph (f) to s. 561.29(1), Florida
Statutes, providing that discrimination by a licensee in favor
of or against any person on the basis of race, color, creed, or
sex shall be grounds for suspension or revocation of license;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Adams and Cox-
HB 226-A bill to be entitled An act relating to mobile
home parks; amending s. 83.765(1), Florida Statutes, 1976
Supplement; prohibiting mobile home park owners from deny-
ing mobile home owners the right to place "For Sale" signs on
their mobile home; providing grounds for denial of entry with
respect to the purchase of a mobile home in a mobile home
park; requiring that such denial must be in writing and must
delineate reasons therefore; providing for appeal of such denial
through the court system; removing a limitation; providing an
effective date.
--was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Adams, Becker, Warner, and Cox-
HJR 227-A joint resolution proposing an amendment to Sec-
tion 4 of Article IV of the State Constitution relating to the
creation of a commissioner of elderly affairs within the cabi-
net.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Adams-
HB 228-A bill to be entitled An act relating to the regula-
tion of wells; repealing s. 373.323(5), Florida Statutes, elimi-
nating an obsolete provision of law allowing certain persons
engaged in the business of water well contracting to be li-
censed without an examination; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representatives Adams, Lockward, and Warner-
HB 229-A bill to be entitled An act relating to homestead
tax exemption; amending s. 196.081(1), Florida Statutes, 1976
Supplement; authorizing certain permanently and totally dis-
abled veterans to claim total homestead exemption with respect
to condominiums or mobile homes used as a homestead; elimi-
nating the requirement that the disability be service-connected
for a veteran to claim such homestead exemption; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Finance & Taxation.

By Representative Adams-



HB 230-A bill to be entitled An act relating to elections;
adding subsection (4) to s. 101.71, Florida Statutes, requiring
the boards of county commissioners to consider the use of
public schools as polling places; creating s. 230.225, Florida
Statutes; requiring every district school board to close all









JOURNAL OF THE HOUSE



schools under its control on the day of any election held in
the county; providing for the effect of such closings on the
school year; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Adams-
HB 231-A bill to be entitled An act relating to political ad-
vertisements; amending s. 104.37(2) and (3), Florida Statutes,
removing a limitation upon the candidates to whom certain pro-
visions relating to political advertisements apply; placing re-
quirements upon the disclosure of party affiliation in political
advertisements; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives Adams and Cox-
HB 232-A bill to be entitled An act relating to consumer
protection; creating s. 501.142, Florida Statutes; requiring
statements of satisfaction as to the operation or repair of cer-
tain repaired items to be in writing and to contain certain
information; providing for a customer's right to cancel; pro-
viding limitations; providing that such statements not in com-
pliance with the provisions of this act are null, void, and of
no force or effect; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Adams, Neal, and Cox-
HB 233-A bill to be entitled An act relating to mobile
homes; creating s. 83.7565, Florida Statutes; requiring a mobile
home park owner to hold security deposits and advance rent
in a separate account or post a bond; requiring the park owner
to give notice of manner in which such deposits and rent are
held; requiring interest be paid on such deposits and rent which
are commingled with other funds of the park owner; providing
a procedure for imposition of a claim on a security deposit;
providing for court costs and attorneys' fees in a court action
over rights to a security deposit; providing an exemption; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary,

By Representative Adams-
HB 234-A bill to be entitled An act relating to sale of re-
tail merchandise; creating s. 817.185, Florida Statutes; re-
quiring that certain merchandise sold at retail in an unassem-
bled condition be so marked on the container; providing a pen-
alty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Hawkins-
HJR 235-A joint resolution proposing an amendment to
Section 7 of Article X of the State Constitution relating to
lotteries.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Hawkins-
HB 236--A bill to be entitled An act relating to state lot-
teries; providing definitions; establishing the Division of State
Lottery of the Department of Business Regulation; establishing
within the division a State Lottery Commission; providing mem-
bership, terms, expenses, powers, and duties thereof; provid-
ing for the appointment, powers, and duties of a director of
the division, who shall also act as secretary and executive of-
ficer of the commission; providing that the Governor shall have
the power to veto actions taken by the commission; requiring
lottery sales agents to be licensed by the director; providing



qualifications therefore; requiring display of licenses; prohibiting
the sale of lottery tickets under certain conditions; providing
a penalty therefore; prohibiting purchase of lottery tickets
by certain persons; providing procedures for distributing prizes;



April 5, 1977



By Representative Hieber-
HB 241-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.091(5) (g), Florida Stat-
utes, to provide for the forfeiture of benefits for elected of-



OF REPRESENTATIVES 49

creating a State Lottery Fund and providing for the appropria-
tion and disbursement of moneys therefrom; providing for an
annual postaudit; adding paragraph (f) to s. 20.16(2), Florida
Statutes, 1976 Supplement, to conform to this act; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation and Appropriations.

By Representatives Maxwell, Patchett, Neal, and Burrall-
HB 237-A bill to be entitled An act relating to the Canal
Authority Act; amending s. 374.011, Florida Statutes; provid-
ing that the authority operate as the Division of Barge Canal
of the Department of Natural Resources; transferring the prin-
cipal office of the authority to Tallahassee; amending s. 374.-
051, Florida Statutes; providing for the termination of and
prohibiting expenditures for the project of a canal across the
peninsula of Florida; providing for a report to the Legislature;
providing for use of funds; amending ss. 374.141 and 374.161,
Florida Statutes; providing for annual reports to the Legisla-
ture; authorizing the authority to contract with and make as-
signments, transfers, and conveyances to the United States;
adding s. 20.25(2)(f), Florida Statutes; amending s. 20.25(12),
Florida Statutes; to conform to this act; repealing sections
374.061, 374.071, 374.081, 374.091, 374.101, 374.111, 374.122,
374.151 and 374.171, Florida Statutes; relating to the authority's
power to issue obligations of indebtedness, to acquire rights-
of-way, property, and property rights, to take state-owned land,
to fix and collect tolls, to employ and license pilots and regu-
late pilotage on the canal, to assign, transfer, and convey as-
sets, franchises and property of the authority to the United
States; relating to the power of counties to condemn lands,
levy taxes, and donate rights-of-way and land to the authority;
relating to the use of revenues; relating to the bond, per diem,
and compensation of members of the board of directors of the
authority; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation and Ap-
propriations.

By Representative Lockward-
HB 238-A bill to be entitled An act relating to the Division
of General Regulation of the Department of Business Regula-
tion; providing definitions; providing for the licensing and
regulation of persons engaging in the automotive repair busi-
ness; providing for license and other fees; providing for an ad-
ministrative penalty; .providing standards governing the issu-
ance of licenses; setting forth prohibited practices; providing a
civil remedy; providing for the use of injunctions; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Fechtel, Maxwell, and Poole-
HB 239-A bill to be entitled An act relating to the district
school system; amending s. 230.03(2), Florida Statutes, speci-
fying powers of district school boards; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative McPherson-
HB 240-A bill to be entitled An act relating to dentistry;
amending ss. 466.04 and 466.14(1), Florida Statutes, adding
oral-maxillofacial surgery and physical evaluation related to
surgery as acts constituting the practice of dentistry; pro-
viding an effective date.
---was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation and Appropriations.









50 JOURNAL OF THE HOUSE

ficials who are members of the system and who are found
guilty of the commission of a felony relating to their official
duties and responsibilities, or for any officials who are re-
moved from office by the Senate pursuant to the State Con-
stitution for any reason other than permanent inability to per-
form official duties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representatives Healey and Cox-
HB 242-A bill to be entitled An act relating to health claim
forms; requiring the Department of Insurance to prescribe
standard health claim forms to be used by hospitals and phy-
sicians; requiring acceptance of such forms by insurers and the
Department of Health and Rehabilitative Services; providing an
exception; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representatives Boyd and Cox-
HB 243-A bill to be entitled An act relating to unemploy-
ment compensation; providing that state, county, and munici-
pal governmental units may elect the experience rating method
of financing benefits; amending the introductory paragraph of
s. 443.08(5), Florida Statutes; amending s. 443.08(5) (a) and
(6) (a), Florida Statutes, and adding subsection (7) thereto;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representatives Eckhart and Rish-
HJR 244-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution to authorize
an increase in the homestead exemption to $10,000 for all home-
owners.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Eckhart-
HB 245-A bill to be entitled An act relating to insurance;
creating s. 627.7395, Florida Statutes, requiring insurers who
use age differentials in the setting of premiums for the is-
suance of automobile liability insurance to use the insured's
23rd birthday as an age differential with respect to certain
insured parties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Brown--
HB 246--A bill to be entitled An act relating to blind serv-
ices; adding paragraph (e) to s. 20.15(3), Florida Statutes,
and amending subsection (26); creating the Division of Blind
Services within the Department of Education and providing for
its duties and organization; directing that changes in termi-
nology in the Florida Statutes be made; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Brown-
HB 247-A bill to be entitled An act relating to the Blind
Services Program; amending ss. 413.011-413.013, 413.021(3)
and (4), 413.031(1)(a) and (5), 413.041, 413.051, 413.062---413.-
069, 413.07(2), (3), and (4), 413.08(1)(b), (2), (4)(c), and (5),
413.091, 121.051(6)(b), and 215.311, all Florida Statutes, and
s. 413.034(1), Florida Statutes, 1976 Supplement, conforming



terminology to chapter 75-48, Laws of Florida, which trans-
ferred the Blind Services Program from the Bureau of Blind
Services of the Division of Vocational Rehabilitation of the
Department of Health and Rehabilitative Services to the De-
partment of Education; creating the Office of Blind Services
within the department; requiring the office to cooperate with
the Division of the Blind and Physically Handicapped of the



1E



OF REPRESENTATIVES April 5, 1977

Library of Congress; creating the Advisory Council for the
Blind and for membership and duties thereof; providing a
term of office for the third appointive member of the Council
for the Purchase of Products and Services of the Blind or Other
Severely Handicapped; deleting provisions requiring blind in-
dividuals to pay for identification cards; including certain or-
ganizations in exemptions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Maxwell-
HB 248-A bill to be entitled An act relating to group in-
surance for public officers and employees; amending s. 112.0801,
Florida Statutes, 1976 Supplement, authorizing community
colleges which provide group insurance plans for employees
to continue such coverage with respect to retired employees
under certain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representatives Bloom and Lehman-
HB 249-A bill to be entitled An act relating to ambulatory
surgical centers; adding subsection (5) to s. 395.01, Florida
Statutes, defining "ambulatory surgical center"; amending s.
395.02, Florida Statutes, including such centers within pro-
visions providing the purpose for licensing hospitals; amend-
ing s. 395.03, Florida Statutes, requiring the licensure of such
centers; amending s. 395.04(2), Florida Statutes, requiring the
payment of license fees; amending s. 395.045, Florida Statutes,
requiring such centers to establish minimum standards for the
acceptance of clinical laboratory results and diagnostic X-ray
results; amending s. 395.05, Florida Statutes, providing for the
issuance and renewal of licenses; amending s. 395.07, Florida
Statutes, requiring the Department of Health and Rehabilita-
tive Services to adopt rules regarding such centers; amending
s. 395.15, Florida Statutes, prohibiting persons from operating
an ambulatory surgical center without a license; providing a
penalty; amending s. 395.16, Florida Statutes, authorizing the
department to seek to enjoin the operation of a center with-
out a license; amending s. 395.171, Florida Statutes, prohibit-
ing the use of the term "ambulatory surgical center" except by
licensed centers; creating s. 395.21, Florida Statutes, delaying
the effective date of rules for existing centers; creating s. 395.-
22, Florida Statutes, restricting the department from public
disclosure of information pertaining to patient's records; creat-
ing s. 395.23, Florida Statutes, providing an appeals process for
centers aggrieved by department actions; amending s. 381.-
493(3)(j), Florida Statutes, conforming to this act the defini-
tion of "ambulatory surgical center" as used in provisions
relating to health facilities planning; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Taxa-
tion and Appropriations.

By Representative Steinberg-
HB 250-A bill to be entitled An act relating to the Florida
Wing of the Civil Air Patrol; providing an appropriation to
the Division of Disaster Preparedness of the Department of
Community Affairs to be paid to the Florida Wing of the
Civil Air Patrol for certain statutorily authorized purposes;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Steinberg-
HB 251-A bill to be entitled An act relating to the tax on
the lease or rental of real property; adding subsection (5) to
s. 212.031, Florida Statutes; providing a partial tax exemption
for real property subleased for conventions, public shows, or
trade shows; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.



By Representative Melvin-
HB 252-A bill to be entitled An act relating to water and
sewer systems; adding s. 153.03(11), Florida Statutes; author-



"









JOURNAL OF THE HOUSE



izing a county to acquire sewer and water system facilities
by gift or by purchase of the capital stock of a corporation
presently owning such facilities; providing that a county may
pledge revenues from such facilities as security for the purchase
price of the stock; providing that a county may continue to
operate the facilities through the corporation or may dissolve
the corporation after acquisition; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Finance & Taxation.

By Representatives Melvin, Patterson, Hagler, Fortune, and
"Ward-
HB 253-A bill to be entitled An act relating to the Depart-
ment of Environmental Regulation; adding a new subsection
(27) to s. 403.061, Florida Statutes, providing that the depart-
ment shall establish a permit system for spoil site approval to
facilitate the provision of upland spoil sites by certain local
governmental agencies sponsoring specified dredge and fill op-
erations; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Melvin-
HM 254-A memorial to the Congress of the United States,
urging Congress to propose an amendment to the Constitution
of the United States abolishing the Electoral College.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representative Melvin-
HB 255-A bill to be entitled An act relating to motor ve-
hicle licenses; adding a new subsection (15) to s. 320.01, Flor-
ida Statutes, 1976 Supplement, defining "pickup truck"; amend-
ing s. 320.0805(1), (2), (7), and (8)(a), Florida Statutes,
authorizing the issuance and transfer of personalized prestige
license plates to pickup trucks not used for hire or commercial
use; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Rish-
HB 256-A bill to be entitled An act relating to the Florida
Law Revision Council; amending ss. 13.90, 13.91, 13.92, Florida
Statutes; renaming the council; changing the method of, and
qualifications for, appointment to the council; ending the
terms of all present members; providing for the terms of new
appointees; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Margolis-
HJR 257-A joint resolution proposing an amendment to
Section 10 of Article VII of the State Constitution providing for
the issuance of revenue bonds to finance the cost of tourist
related attractions.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Margolis--
HB 258-A bill to be entitled An act relating to pari-mutuel
wagering; amending s. 550.12(2) (b), Florida Statutes, provid-
ing that the appraisal filed by a permitted may be prepared by
a member of any nationally recognized appraisal society or as-
sociation; providing for new permittees; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Margolis, Pajcic, Hazouri, Bloom, Langley,
Nelson, and James--



"HJR 259-A joint resolution proposing an amendment to
Sections 10 and 12 and the creation of Section 16 of Article



April 5, 1977



HB 265-A bill to be entitled An act relating to the disposi-
tion of traffic infractions; amending s. 318.19(1), Florida Stat-
utes, removing the requirement that persons cited for a traffic
infraction which results in an accident causing personal injury
or property damage in excess of $250 must appear at a hear-
ing rather than post bond or pay a civil penalty; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.



OF REPRESENTATIVES 51

VII of the State Constitution relating to deferred tax on
homesteads.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Evans, Patchett, Mica, and Bloom-
HJR 260-A joint resolution proposing an amendment to
Section 5 of Article IV and the creation of Section 18 of Article
XII of the State Constitution relating to the terms of office
of the lieutenant governor and the cabinet members.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Morgan, Hector, and Sheldon-
HB 261-A bill to be entitled An act relating to the admin-
istration of the Career Service System; amending s. 110.022(2),
Florida Statutes, 1976 Supplement, requiring the Department of
Administration to establish criteria and guidelines for the class-
ification of positions; authorizing the personnel officer of each
executive department having more than 3,000 authorized posi-
tions to classify and reclassify positions without the prior ap-
proval of the Division of Personnel, but making such actions
subject to postaudit by the Division of Personnel; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Morgan and Hector-
HB 262-A bill to be entitled An act relating to state gov-
ernment; amending s. 216.345, Florida Statutes, providing for
approval of payment of certain membership dues by the agency
head or the designated agent thereof; requiring organization
certification with respect to agency memberships in certain
circumstances; providing limitations; providing for promulga-
tion of certain criteria; requiring reports; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Warner-
HB 263-A bill to be entitled An act relating to consumer
protection; creating s. 501.141, Florida Statutes; requiring state-
ments of satisfaction as to the operation or condition of certain
goods delivered to be in writing and to contain certain informa-
tion; providing for a buyer's right to cancel; providing limita-
tions; providing that such statements not in compliance with
the provisions of this act are null, void, and of no force or ef-
fect; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Moffitt-
HB 264-A bill to be entitled An act relating to public prop-
erty and public buildings; adding subsection (3) to s. 255.05,
Florida Statutes, providing venue for suits by persons supply-
ing labor, material, or supplies to a contractor or subcontractor
constructing or repairing a public building or public work in
the county which is the site of the construction or repair; ex-
cluding actions instituted prior to the effective date of the
act; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Moffitt-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Hutto, Tucker, Grizzle, McCall, Healey,
Langley, Williams, Becker, Ready, and Robinson-
HB 266-A bill to be entitled An act relating to biennial
budgeting and appropriations; amending s. 216.023, Florida
Statutes, to require submission of biennial legislative budgets
to the Governor by each agency; amending s. 216.031, Florida
Statutes, specifying the contents of the biennial legislative
budget submitted for operational expenditures; amending
s. 216.043, Florida Statutes, specifying the contents of the bi-
ennial legislative budget submitted for capital outlay; amending
s. 216.051, Florida Statutes, to provide that, in addition to copies
of legislative budgets, the legislative appropriations committees
may require copies of certain other reports, schedules, etc.;
amending s. 216.081, Florida Statutes, to provide that estimates
of the financial needs of the legislative branch for the bi-
ennium be furnished to the Governor on or before January 1,
in each even-numbered year; amending s. 216.162, Florida Stat-
utes, requiring that a copy of the recommended budget for each
state agency be furnished to each legislator by the Governor
in each odd-numbered year; specifying the contents of the
recommended budget submitted by the Governor; amending
s. 216.181(1), Florida Statutes, to provide that the chairmen
of the legislative appropriations committees shall furnish
information concerning amendments to the submitted budgets
in any year in which an appropriation is made; amending s.
216.241, Florida Statutes, to require that no new program be
initiated or commenced without specifically appropriated funds
unless such proposed changes are reported to the Speaker of
the House, President of the Senate, and legislative appropria-
tions committees, who may advise the commission prior to the
commission's approval of said proposals; amending s. 216.-
271(1), Florida Statutes, to provide for approval of revolving
funds during each biennium by the Department of Adminis-
tration; amending s. 216.275, Florida Statutes, providing for
clearing accounts on a biennial basis; amending s. 216.292(3),
Florida Statutes, to provide that transfers of appropriations
shall be by supplemental appropriations legislation; amending
s. 216.301, Florida Statutes, to provide for certification, by the
Department of Administration, of funds expended but not dis-
bursed by state agencies at the end of each biennium and a
report to the legislative appropriations committees, the Comp-
troller, and the Auditor General and to provide for the re-
version of funds unexpended at the end of the biennium; re-
moving obsolete language; providing for due consideration of
any agency having any balance of any appropriation remaining
from the preceding biennium; amending s. 216.311, Florida
Statutes, to provide that the Department of Administration
may authorize the Board of Regents to recruit up to 50 per-
cent of new positions recommended for each fiscal year of the
biennium; providing a penalty with respect to persons who
willfully contract to spend certain moneys in excess of the
amount appropriated; adding subsection (5) to s. 216.091,
Florida Statutes, to provide that copies of the reports furnished
thereunder shall be provided to the legislative appropriations
committees; creating s. 216.045, Florida Statutes, providing
for supplemental appropriations acts in even-numbered years
of the biennium; providing that there shall be no continuing
appropriation without approval; providing for the creation of
a joint legislative committee to review agency programs dur-
ing the biennium and to make recommendations; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Warner-
HB 267-A bill to be entitled An act relating to elections;
amending s. 101.151(3), Florida Statutes, requiring general
election ballots to be set up so as to permit electors to cast
one vote for an entire party ticket in lieu of voting for in-
dividual candidates; amending s. 101.28, Florida Statutes, re-
quiring voting machines to be so set up; providing an effec-
tive date.
--was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Conway--



HCR 268-A concurrent resolution proposing a change in
legislative rules to require that bills enacted into law contain
a specific expression of legislative intent.
---was read the first time by title and referred to the Com-
mittee on Rules & Calendar.



By Representative James-
HB 269-A bill to be entitled An act relating to labor or-
ganizations; amending s. 447.503(1) and (3) (a), Florida Stat-
utes, prohibiting the Public Employees Relations Commission
and its agents from engaging in certain activities relating to
charges of unfair labor practices; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representatives James and Neal-
HB 270-A bill to be entitled An act relating to the Florida
Uniform Traffic Control Law; amending s. 316.210(2) (b) and
(d), 1976 Supplement, prohibiting motor vehicle rear windows,
sidewings and side windows from being composed of, covered
by, or treated with any material which has a highly reflective
or mirrored appearance; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

MR. FONTANA IN THE CHAIR

By Representative Fontana-
HB 271-A bill to be entitled An act relating to larceny;
adding subsection (7) to s. 812.031, Florida Statutes, 1976 Sup-
plement, restricting the defense of impossibility in a prosecution
for an attempt to receive, retain, dispose of, or aid in the con-
cealment of stolen property; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Fontana-
HB 272-A bill to be entitled An act relating to criminal
justice; creating s. 812.0412, Florida Statutes, making it un-
lawful to make, mend or possess certain instruments or tools
with intent to use the same unlawfully in connection with theft
of any motor vehicle, aircraft, boat or boat motor, or the theft
of property therefrom or unlawful damage thereto; providing
a penalty; providing for prima facie evidence of intent to use
unlawfully; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Davis-
HB 273-A bill to be entitled An act relating to circuit
courts; authorizing creation of Citizen Dispute Settlement Cen-
ters by the chief judges of the circuit courts of this state;
establishing objectives for the center; establishing authority
in chief judge of circuit to oversee operations of centers, and
to appoint a director for each center; establishing eligibility
for participation in the mediation programs; establishing pro-
cedures for center operations; providing confidentiality of in-
formation received by center from participants; providing for
written settlements; providing for funding of centers; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Easley-
HB 274-A bill to be entitled An act relating to the tax on
sales, use and other transactions; amending s. 212.08(2), Florida
Statutes, defining prosthetic and orthopedic appliances which
are exempt from such tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Eckhart--
HB 275-A bill to be entitled An act relating to motor ve-



hicle inspection certificates; adding a new subsection (5) to
s. 322.27, Florida Statutes, 1976 Supplement, prohibiting the
Department of Highway Safety and Motor Vehicles from con-
sidering motor vehicle inspection certificate violations as a part
of the point system for the purpose of suspending or revoking
a driver's license; creating s. 627.7395, Florida Statutes, pro-



52



April 5, 1977









JOURNAL OF THE HOUSE



hibiting insurers who issue automobile liability insurance from
utilizing violations for failure to have a current valid inspec-
tion certificate as a factor in the setting of premiums for in-
surance coverage; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Eckhart-
HB 276-A bill to be entitled An act relating to insurance;
creating s. 627.7385, Florida Statutes, prohibiting insurers who
issue automobile liability insurance from utilizing the dissolution
of the insured's marriage or the separation of the insured from
his or her spouse as a factor in the setting of premiums; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Eckhart and Cox-
HB 277-A bill to be entitled An act relating to insurance;
creating s. 627.7385, Florida Statutes, prohibiting insurers who
issue automobile liability insurance from utilizing as a factor
in the setting of rates the fact that the insured party's motor
vehicle was involved in an accident while lawfully parked;
providing an effective date.
.-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Eckhart-
HB 278-A bill to be entitled An act relating to the Florida
Automobile Reparations Reform Act; creating s. 627.7305,
Florida Statutes, requiring the Department of Insurance to
establish a statewide uniform rate structure for automobile
insurance policies along specified lines; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Eckhart--
HB 279-A bill to be entitled An act relating to pension and
retirement funds; amending ss. 121.151, 175.071(2), and 185.-
06(2), Florida Statutes; restricting the investment of funds of
the Florida Retirement System, the Municipal Firemen's Pen-
sion Trust Fund, and the Municipal Police Officers' Retire-
ment Trust Fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Finance & Taxation.

By Representative Eckhart-
HB 280-A bill to be entitled An act relating to insurance;
creating s. 627.7405, Florida Statutes, prohibiting insurers who
issue automobile liability insurance from utilizing the age of
drivers in the insured party's household as a factor in the set-
ting of premiums under certain circumstances; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Langley, Cox, Lehman, Kutun, Sheldon,
Hazouri, Mica, Fox, Kershaw, Easley, Hazelton, Woodruff, Neal,
McDonald, Kiser, Gustafson, Cherry, Crenshaw, O'Malley,
Healey, Patchett, Becker, Ewing, Conway, Evans, Margolis,
Nuckolls, Bloom, Richard, Warner, Danson, Davis, and Mann-
HB 281-A bill to be entitled An act relating to mobile home
parks; providing definitions; limiting the act to mobile home
parks containing 50 or more dwelling units; creating a State
Mobile Home Tenant-Landlord Commission composed of seven
members appointed by the Governor; creating a State Mobile
Home Tenant-Landlord Trust Fund consisting of certain funds



deposited by the commission; requiring owners of mobile home
parks with 50 or more units to register with the commission
and to pay a $1 fee per dwelling unit to the commission to
be deposited in said trust fund; authorizing the charging of
tenants therefore; providing for the powers of the commission;



April 5, 1977



he was convicted; providing for the distribution of any funds
collected; providing for enforcement of the lien; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.:



SOF REPRESENTATIVES 53

requiring the commission to hold hearings at mobile home parks
upon the petition of 51 percent or more of mobile home park
tenants who are subject to increases in rental fees or service
charges; requiring park owners to notify tenants of rate in-
creases as of November 1 of each year for the succeeding
year; requiring tenants to petition the commission within a
certain time period; directing the commission to resolve rental
or service charge increase problems; directing the commission
to make certain rules; directing the commission to examine
rental or service charge increases which went into effect Jan-
uary 1, 1977, under certain circumstances; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Judiciary, Finance & Taxation and Appropriations.

By Representative Langley-
HB 282-A bill to be entitled An act relating to public em-
ployees; amending s. 447.507(3) and (5), Florida Statutes;
providing for automatic termination of the employment of
any public employee found to be in contempt of court for vio-
lating a permanent injunction enjoining a strike against a
public employer; removing the limitation on the amount that
an employee organization may be fined if found to be in
contempt of court for violating a permanent injunction enjoin-
ing a strike against a public employer; providing for manda-
tory termination of the employment of any public employee
found by the Public Employees Relations Commission, after a
hearing, to have violated the strike prohibition; providing a
time limit for such hearings; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Langley-
HJR 283-A joint resolution proposing an amendment to
Section 6 of Article I of the State Constitution relating to the
right to work.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Langley-
HB 284-A bill to be entitled An act relating to the Florida
Statutes; amending s. 11.242(6), Florida Statutes; requiring
the looseleaf system of binding of the Florida Statutes; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Langley and Neal-
HB 285-A bill to be entitled An act relating to juveniles;
creating s. 39.025, Florida Statutes, authorizing the state at-
torney to seek a grand jury indictment or file an information
against any child, aged 16 or older, charged with certain felo-
nies, for trial as an adult, without the requirement that the
state attorney file a petition alleging delinquency and that an
adjudicatory hearing be held on the petition; providing that in
cases when a child is treated as an adult pursuant to chapter
39, Florida Statutes, with respect to capital or life felonies,
that child shall also be treated as an adult for all subsequent
felonies; providing that the circuit court may dismiss the indict-
ment or information and treat the child as a child; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Langley-
HB 286-A bill to be entitled An act relating to corrections;
providing a lien in favor of the State of Florida upon royalties
payable to or accruing to the benefit of a convicted felon from
any literary, cinematic, or other account of the crime for which









54 JOURNAL OF THE HOUSE

By Representative Langley-
HB 287-A bill to be entitled An act relating to criminal
law; providing that a person holding an elected office, if found
guilty of certain criminal offenses, be sentenced to a minimum
term of imprisonment of 3 calendar years; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Langley and Hazelton-
HB 288-A bill to be entitled An act relating to judgments;
amending s. 55.03, Florida Statutes, providing that, unless
otherwise specified at a lesser rate, all judgments and decrees
shall bear interest at the rate of 9 percent a year; limiting
applicability; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Langley-
HB 289-A bill to be entitled An act relating to nonpartisan
elections for judicial officers; amending s. 105.021, Florida Stat-
utes, providing that the second nonpartisan election for judicial
officers shall be held at the general election instead of at the
second primary election; amending s. 105.041(4) (a), Florida
Statutes, conforming provisions relating to the qualification of
write-in candidates to the act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Langley and Lehman-
HB 290-A bill to be entitled An act relating to criminal
penalties; amending s. 775.084(4)(a), Florida Statutes, specify-
ing maximum and minimum terms for certain subsequent
felony offenders; specifying minimum terms for subsequent
felony offenders before their eligibility for parole; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Langley and Lehman-
HB 291-A bill to be entitled An act relating to drug abuse
prevention and control; amending s. 893.13(1)(a)-(c), Florida
Statutes, 1976 Supplement, providing that the sale or posses-
sion with intent to sell of certain controlled substances, and
the delivery of certain controlled substances from a person
over the age of 18 years to any person under the age of 18
years, shall be subject, upon conviction, to a minimum 3-year
term of imprisonment with no suspension or deferral of sen-
tence or probation or parole; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Langley-
HB 292-A bill to be entitled An act relating to alcoholism
prevention, control and treatment; creating s. 396.181, Florida
Statutes; providing for the implementation and funding of the
Comprehensive Alcoholism Prevention, Control, and Treatment
Act; imposing a surcharge on license fees; imposing a sur-
charge on manufacturing, sale, and distribution of alcoholic
beverages; creating the Florida State Alcoholic Rehabilitation
Trust Fund to be administered by the Department of Health
and Rehabilitative Services; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Taxa-
tion and Appropriations.

By Representatives Langley, Lockward, Hodges, and Warn-
er--



I



HB 293-A bill to be entitled An act relating to service
officers for veterans; amending s. 292.08(1), Florida Statutes,
requiring the designation or employment of a county service
officer in each county; amending s. 292.11(1), Florida Statutes,
requiring the designation or employment of a county service



E OF REPRESENTATIVES April 5, 1977

officer and authorizing persons who are not wartime veterans
to serve as county service officers as long as they comply with
other requirements; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Appropriations.

By Representative Steinberg-
HB 294-A bill to be entitled An act relating to fraudulent
practices; creating s. 817.562, Florida Statutes, providing that
certain practices by a person who has created a security in-
terest in personal property securing a monetary obligation
constitute fraud; providing penalties; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Steinberg-
HB 295-A bill to be entitled An act relating to education;
adding subsection (5) to s. 240.052, Florida Statutes, 1976 Sup-
plement, and creating s. 230.7683, Florida Statutes, providing
that a dependent child of a police officer as defined in s. 943.10
shall be given a waiver of undergraduate tuition if the police
officer was killed in the line of duty; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Young-
HB 296-A bill to be entitled An act relating to state uni-
form traffic control; amending s. 316.111(15), Florida Statutes,
1976 Supplement, requiring persons who operate mopeds to wear
protective headgear; authorizing the Department of Highway
Safety and Motor Vehicles to establish standards and specifi-
cations for such headgear and to publish a list of approved
headgear; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Margolis-
HB 297-A bill to be entitled An act relating to building con-
struction standards; creating part VII of chapter 553, Florida
Statutes, consisting of ss. 553.90-553.94, Florida Statutes, the
"Florida Building Security Act"; providing definitions; pro-
viding minimum burglar-proofing standards with respect to
materials used in the construction of buildings; providing
general building security and safety requirements; providing
a building classification plan and requirements with respect to
burglary security and fire detection relative to building oc-
cupancy; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Craig-
tB 298-A bill to be entitled An act relating to juveniles;
amending s. 39.01(6), Florida Statutes, reducing the age under
which a person is considered a child for purposes of judicial
treatment of juveniles; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representatives Craig and Maxwell-
HJR 299-A joint resolution proposing amendments to Sec-
tion 9 of Article VII and Section 4 of Article IX of the State
Constitution, relating to the ad valorem taxing power of school
districts.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.



By Representative Craig-
HB 300-A bill to be entitled An act relating to the district
school system; amending s. 230.061(1), Florida Statutes, re-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



quiring district school board member residence areas to be
based on population rather than on the number of qualified
electors; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Foster-
HB 301-A bill to be entitled An act relating to the trans-
portation of school children; creating s. 234.112, Florida Stat-
utes; directing the Department of Transportation, in coopera-
tion with district school boards, to establish permanent school
bus stops at certain locations; providing for the placement of
signs; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Barrett-
HB 302-A bill to be entitled An act relating to ad valorem
tax exemptions; creating s. 196.1985, Florida Statutes, pro-
viding exemption for real property owned and used by certain
labor organizations for certain purposes; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Finance & Taxation.

By Representative Barrett-
HB 303-A bill to be entitled An act relating to county
detention facilities; amending s. 951.22, Florida Statutes, add-
ing communications, coins and currency, food, clothing and
certain drugs and medicines to the list of contraband articles
for which the unauthorized taking to or receiving from a
prisoner in a county detention facility, or the attempt to do so,
is a felony of the third degree; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

By Representative Barrett--
HB 304-A bill to be entitled An act relating to the bever-
age law; creating s. 562.101, Florida Statutes, permitting ejec-
tion of undesirable customers from licensed premises; providing
for notice, procedure, and enforcement; providing a penalty;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representative Barrett-
HB 305-A bill to be entitled An act relating to professional
and occupational licenses; amending s. 205.171(1), (2), and (4),
Florida Statutes, expanding the exemption allowed disabled
veterans of war with regard to the payment of fees up to
$50 for business or occupational licenses to include professional
licenses; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs, Finance & Taxation and Appropri-
ations.

By Representative Barrett--
HB 306-A bill to be entitled An act relating to driver's li-
censes; adding paragraph (c) to s. 322.271(1), Florida Statutes,
providing that, in cases where a person's driver's license is
suspended, canceled, or revoked and the person requests a hear-
ing, the suspension, cancellation, or revocation shall be stayed
until the hearing is complete; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Barrett-



HB 307-A bill to be entitled An act relating to housekeep-
ers; requiring registration and certification of persons engaged
in the practice of housekeeping and prescribing qualifications
therefore; providing definitions; providing for application of
act and for exceptions; providing for duties of the Department



of Health and Rehabilitative Services and the Health Program
Office; creating the Board of Registration for Housekeepers
and providing for its membership, powers, and duties; provid-
ing for renewal and reinstatement of certificates; providing for
branch office certificates; providing for denial or revocation
of certificates; providing for judicial review; providing for
reexamination and rehearing; providing for injunctive relief;
providing penalties; providing fees; providing for registration
without examination of certain persons; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Taxa-
tion and Appropriations.

By Representative Barrett-
HB 308-A bill to be entitled An act relating to the state
attorney; amending s. 27.04, Florida Statutes; providing that
a state attorney may summon and examine witnesses as to a
violation of any statute which he is directed by law to enforce
by civil proceedings; providing that the cost shall be paid by
the appropriate county as is now the case with certain vio-
lations of criminal law; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Barrett-
HCR 309-A concurrent resolution directing the President
of the Senate and the Speaker of the House of Representatives
to appoint a legislative committee to investigate the Public
Service Commission, public utility companies, and telephone
companies.
-was read the first time by title and referred to the Com-;
mittees on Rules & Calendar and Appropriations.

By Representative Barrett--
HB 310-A bill to be entitled An act relating to candidates;
amending s. 97.011, Florida Statutes, to include chapters 105
and 106, Florida Statutes, relating to nonpartisan elections for
judicial officers and to campaign financing, within "The Florida
Election Code"; amending s. 99.012(3), Florida Statutes, and
adding new subsections; providing that certain resignation
procedures prior to qualifying for public office apply to any
individual holding office instead of only to incumbent public
officers; prohibiting any individual from qualifying for pub-
lic office who has not resigned his office as otherwise required
in said section; prohibiting an individual who resigns from
being appointed to fill the remainder of the term of the of-
fice he resigned from; providing for enforcement by the Flor-
ida Elections Commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Barrett--
HB 311-A bill to be entitled An act relating to arrests;
amending s. 901.04, Florida Statutes, providing that arrest
warrants shall be directed to and may be executed by municipal
police officers as well as sheriffs under certain circumstances;
providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Barrett--
HB 312-A bill to be entitled An act relating to elections;
amending s. 102.161, Florida Statutes, providing that the state
attorney for the judicial circuit in which an election is con-
tested, upon probable cause, has standing to intervene in the
contest; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Nelson, Pajcic, and Batchelor-



HB 313-A bill to be entitled An act relating to lobbying;
providing definitions; requiring lobbyists engaged in executive
or legislative lobbying to file a registration statement with the



55



April 5, 1977









56 JOURNAL OF THE HOUSE

Secretary of State stating certain information under oath;
requiring disclosure of certain information with respect to
lobbying activities; providing for the publication of lists of
lobbyists; providing for advisory opinions by the Commission
on Ethics; providing for investigation and hearing of alleged
violations and the recommendation of penalties by the commis-
sion; providing for the imposition of penalties; authorizing the
Attorney General to bring civil actions under certain circum-
stances; providing for appeals of commission findings; amend-
ing s. 11.061, Florida Statutes, requiring state employee lobby-
ists to register with the Secretary of State; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Standards & Conduct and Appropriations.

By Representative Conway-
HB 314-A bill to be entitled An act relating to the con-
struction industry; creating s. 468.1045, Florida Statutes, pro-
viding that surplus funds of the Florida Construction Industry
Licensing Board be distributed to certain universities and com-
munity colleges for industry-related research and continuing
education; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representatives Eckhart, McCall, and Gallagher-
HB 315-A bill to be entitled An act relating to negligence;
creating s. 768.32, Florida Statutes, requiring certain examining
and licensing boards, and the bar of Florida with respect to
attorneys, to submit to the chief judge of the various circuits a
list of names of members of the professions to be available
to testify in proceedings involving allegations of negligence
against a member of the profession; providing a statewide
standard of care for such professions; conforming, to the ex-
tent of any conflict, provisions providing a standard of care
in cases of medical negligence; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Craig-
HB 316--A bill to be entitled An act relating to the His-
toric St. Augustine Preservation Board of Trustees; providing
an appropriation from the General Revenue Fund to the board
for the annual Cross and Sword Pageant for fiscal year 1977-
1978; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Craig-
HB 317-A bill to be entitled An act relating to state agen-
cies; amending s. 111.08, Florida Statutes, authorizing any state
agency as described in chapter 20, Florida Statutes, to compen-
sate certain officers, employees or agents for personal liability
for payment of judgments arising out of their employment;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Bell and Melvin-
HB 318--A bill to be entitled An act relating to the assist-
ance of small businesses; providing legislative intent; provid-
ing definitions; providing that a meaningful percentage of
state purchasing be procured from such businesses and pro-
viding a waiver under certain circumstances; providing duties
of the Division of Purchasing of the Department of General
Services and of the Department of Commerce; providing for
interagency cooperation; requiring submission of an annual re-
port to certain persons; creating an advisory council; providing
an effective date.



I1



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

By Representative Bell-
HB 319-A bill to be entitled An act relating to property
assessment for purposes of ad valorem taxation; amending



E OF REPRESENTATIVES April 5, 1977

s. 195.062, Florida Statutes, 1976 Supplement; deleting re-
quirement that property assessment manual include an in-
struction on the assessment of platted but undeveloped acreage;
providing that the act operate retroactively; providing sever-
ability; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Culbreath-
HB 320-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(24), Florida Statutes,
1976 Supplement, to change the definition of "average final
compensation"; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Culbreath-
HB 321-SF-A bill to be entitled A proposal relating to the
Division of Ad Valorem Tax of the Department of Revenue.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Hill, Malloy, Melvin, and Craig-
HB 322-A bill to be entitled An act relating to the Public
Service Commission; amending s. 350.01, Florida Statutes, to
increase the number of public service commissioners from three
to five; providing for election of the two new members in the
general election of November 1978; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representative McPherson-
HB 323-A bill to be entitled An act relating to public of-
ficers and employees; adding subsection (10) to s. 106.07, Flor-
ida Statutes, requiring that a copy of campaign financial re-
ports be filed with the executive director of the Commission
on Ethics; amending s. 112.312(1), Florida Statutes, 1976 Sup-
plement, redefining the term "advisory body"; amending s.
112.313(3) and (7), Florida Statutes, permitting certain public
officers and employees to do business with their own agencies
or hold certain employment or contractual relationships in
certain circumstances; requiring disclosure of conflicting in-
terests; creating s. 112.3144, Florida Statutes, restricting rep-
resentation before governmental agencies by certain officers
and employees following vacation of office; amending s. 112.-
3145(1)(b), (2), (3), (4), and (5), Florida Statutes, 1976 Sup-
plement, relating to disclosure of financial interests and clients
represented before agencies; expanding the definition of "speci-
fied employee"; including constitutional officers and candidates
for such office within the provisions of said section; revising
statement of financial interests requirements; providing that
public officers or employees who breach the public trust for
private gain and those inducing such breach shall be liable to
the state for all financial benefits obtained by such actions;
providing that public officers or employees convicted of a
felony involving breach of public trust shall forfeit certain
retirement or pension rights and privileges; amending
s. 112.3147, Florida Statutes, 1976 Supplement, authorizing
the Commission on Ethics to prescribe certain forms; pro-
viding for distribution of disclosure forms; amending s. 112.321,
Florida Statutes, relating to appointment and removal of mem-
bers of the commission and compensation of the executive di-
rector; amending s. 112.322(1), (2)(a) and (b), and (6), Flor-
ida Statutes, 1976 Supplement, and adding subsections thereto;
requiring the commission to receive and investigate sworn com-
plaints of violations of s. 8 of Art. II of the State Constitution;
requiring that a hearing regarding allegations of violation of
the code of ethics be held before the full commission or a ma-



jority thereof and requiring the commission's findings to be is-
sued within 30 days of the conclusion of such hearing; deleting
requirement that the Department of Legal Affairs provide
legal and investigative assistance to the commission; requiring
the commission to adopt and publish certain rules; requiring
the commission to review all reports of campaign financing and
initiate appropriate enforcement proceedings; authorizing the
commission to keep an inventory relating to persons required
to file financial disclosure statements and to make a finding of









JOURNAL OF THE HOUSE



violation of financial disclosure provisions and recommend pen-
alties in the absence of a sworn complaint under certain con-
ditions; amending s. 112.324(3), Florida Statutes, deleting the
provision that records relating to preliminary investigations
of complaints of violation of the code of ethics by impeachable
officers or legislators shall become public records under certain
circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Standards & Conduct and Appropriations.

By Representatives McPherson and Richmond-
HB 324-A bill to be entitled An act relating to cigarettes;
adding subsection (8) to s. 210.15, Florida Statutes, providing a
penalty for engaging in certain activities in the cigarette bus-
iness without obtaining a cigarette permit; amending s. 210.-
18(6), Florida Statutes, and adding a subsection; prohibiting
the possessing, removing, depositing, or concealing, or aiding
therein, of more than 10 cartons of cigarettes on which the tax
has not been paid with the intent to defraud; prohibiting the
possessing, removing, depositing, or concealing, or aiding there-
in, of more than 50 cartons of cigarettes on which the tax has
not been paid with the intent to sell; providing that it is un-
lawful to do certain acts which amount to a conspiracy to vio-
late provisions of law relating to tax on cigarettes; providing
penalties; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives McPherson and Richmond-
HB 325-A bill to be entitled An act relating to the Depart-
ment of Business Regulation; amending s. 20.16(2) (d) and (8),
s. 210.10(1), and the introductory paragraph of s. 561.02, Flor-
ida Statutes; renaming the Division of Beverage of the De-
partment of Business Regulation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.

By Representative Williams-
HB 326-A bill to be entitled An act relating to disabled
persons; providing definitions; requiring the provision of a
certain number of specifically reserved parking spaces ad-
jacent to or near public buildings and facilities for use by
disabled persons and disabled persons confined to wheelchairs;
providing for location and configuration of such spaces; pro-
viding for identification of such spaces; providing for removal
of unauthorized vehicles from such spaces; prohibiting unauthor-
ized use of such spaces; providing penalties; providing for
implementation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Williams-
HB 327-A bill to be entitled An act relating to criminal law
enforcement; amending s. 943.14(2), Florida Statutes, 1976
Supplement, allowing law enforcement agencies to employ per-
sons as police officers for a 6-month period before such police
officers must obtain a certificate of compliance from the Po-
lice Standards and Training Commission; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice-

By Representative Hazelton-
HB 328-A bill to be entitled An act relating to tax on sales,
use, and other transactions; adding a new subsection (7) to
s. 212.05, Florida Statutes, 1976 Supplement, specifying the
rate of taxation with respect to the gross proceeds of certain
bingo games and guest games; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Hazelton-



HB 329-A bill to be entitled An act relating to driving
while under the influence; amending s. 316.028 (2) (b) and



April 5, 1977



HB 335-A bill to be entitled An act relating to campaign
financing; adding subsection (5) to s. 106.10, Florida Statutes,
including certain business expenditures by or on behalf of a
candidate within the limitations upon campaign expenditures;
authorizing the Elections Commission to determine compliance
with the act; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.



SOF REPRESENTATIVES 57

(4)(b), Florida Statutes, authorizing the court, with respect
to certain second convictions for driving while under the in-
fluence, to require the convicted person to participate in an
inpatient program for the treatment of alcoholism or an in-
patient program for the rehabilitation of drug dependents; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Corrections, Probation & Parole.

By Representatives Hazelton and Lehman-
HB 330-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; requiring notifi-
cation of certain persons whenever any involuntarily committed
mentally disordered person escapes from any state institution;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representatives Hazelton and Poole-
HB 331-A bill to be entitled An act relating to labor; creat-
ing s. 877.15, Florida Statutes; prohibiting any person from
knowingly employing an illegal alien; providing a penalty; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

HB 332-Withdrawn

By Representatives Hazelton and Conway-
HB 333-A bill to be entitled An act relating to innocent
victims of violent crimes; providing a short title; providing
legislative intent; providing definitions; setting forth elements
of recovery; providing prerequisites to award; providing for
apportionment of award when there are two or more claimants;
providing for reduction or denial of award in certain cases;
providing restriction on recovery; providing time and procedure
for filing claims; providing procedure for determining claims,
including investigation of claims and hearings therefore; pro-
viding an appeal procedure before the commission; providing
for appeal to the District Court of Appeal; providing for mod-
ification of orders; providing for the taking of depositions and
the payment of witness fees; providing for attorney's fees; pro-
viding a penalty; providing powers of the Division of Labor of
the Department of Commerce, judges of industrial claims, and
the Industrial Relations Commission; providing for compensa-
tion; providing certain limitations on recovery; providing for
emergency awards; providing a penalty for fraud; providing
for subrogation; providing that awards shall not be subject
to execution or attachment; authorizing the division to with-
hold certain information; providing for an annual report; pro-
viding for rules; providing for creation and administration of
the Crimes Compensation Trust Fund; providing an appropria-
tion; providing authority to apply for federal funds; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice, Finance & Taxation, and Appro-
priations.

By Representatives Boyd and Lehman-
HB 334-A bill to be entitled An act relating to the Flor-
ida Mental Health Act; adding subsection (4) to s. 394.461,
Florida Statutes; requiring separate housing facilities for the
criminally insane; requiring early transfer from state hospitals;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Corrections, Probation & Parole.

By Representative Hieber-









58 JOURNAL OF THE HOUSE

By Representative McKnight-
HB 336-A bill to be entitled An act relating to water sup-
ply and distribution facilities; creating s. 373.595, Florida Stat-
utes, authorizing issuance of state bonds to finance water sup-
ply and distribution facilities; amending s. 403.1834(1) and (3),
Florida Statutes, and adding subsection (8) to said section,
authorizing the issuance of state bonds to finance construction
of water supply and distribution facilities and defining such
facilities for which bonds may be issued; increasing the maxi-
mum amount of bonds which may be issued; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Ap-
propriations.

By Representative McKnight-
HJR 337-A joint resolution proposing an amendment to
Section 14 of Article VII of the State Constitution relating to
general obligation bonds.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Ap-
propriations.

By Representatives McKnight and Allen-
HB 338-A bill to be entitled An act relating to the Depart-
ment of Natural Resources; providing an appropriation to the
department for the completion of the synoptic mapping of the
Florida coral reef tract; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representatives McKnight and Allen-
HB 339-A bill to be entitled An act relating to the Depart-
ment of Natural Resources; providing an appropriation to the
department for monitoring and analyzing the health and stabil-
ity of the Florida coral reefs; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Considine-
HB 340-A bill to be entitled An act relating to fire pro-
tection; creating s. 633.066, Florida Statutes; requiring that
certain buildings and structures have automatic fire extinguish-
ment sprinkler systems; providing for enforcement by the
State Fire Marshal; providing penalties; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Considine--
HB 341-A bill to be entitled An act relating to fire protec-
tion; creating s. 633.067, Florida Statutes; requiring that cer-
tain buildings and structures have automatic smoke alarm de-
vices; providing for enforcement by the State Fire Marshal;
providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Considine--
HB 342-A bill to be entitled An act relating to fire pro-
tection; creating s. 633.068, Florida Statutes; requiring that
institutional occupancies shall be equipped with automatic fire
extinguishment sprinkler systems; providing for enforcement
by the State Fire Marshal; providing penalties; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.



By Representatives Considine and Margolis-
HB 343-A bill to be entitled An act relating to husband
and wife; creating s. 741.25, Florida Statutes, abrogating the



iE



SOF REPRESENTATIVES April 5, 1977

common law rule which prohibits actions in tort between former
spouses for torts committed during the marriage; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

HB 344-Withdrawn

By Representative Hazelton-
HB 345-A bill to be entitled An act relating to county and
municipal detention facilities; amending s. 951.23(2), Florida
Statutes; transferring responsibility for adoption of rules for
such facilities from the Secretary of Health and Rehabilitative
Services to the Secretary of Offender Rehabilitation; deleting
the requirement that the number of prisoners housed therein
must be related to floor space; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

By Representative Hazelton-
HB 346-A bill to be entitled An act relating to parole and
probation; amending s. 945.30, Florida Statutes, 1976 Supple-
ment, exempting certain persons on probation and parole from
contributing to the cost of their supervision; providing that
failure to pay required contributions constitutes grounds for
revocation of probation or parole; substituting the Secretary of
Offender Rehabilitation of the Department of Offender Rehabili-
tation for the Parole and Probation Commission in provisions
authorizing other exemptions from such required contribution;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

By Representatives Hieber and Williams-
HB 347-A bill to be entitled An act relating to civil de-
fense; amending s. 252.37(1) and (2), Florida Statutes, creat-
ing a contingency fund for the purpose of providing disaster
relief; providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Conway, Brown, and Bell-
HB 348-A bill to be entitled An act relating to historic
preservation; creating part VII of chapter 266, Florida Stat-
utes; creating the Historic Volusia County and Flagler Coun-
ty Preservation Board of Trustees within the Department of
State; providing definitions; specifying functions and purposes
of the board; providing for appointment and terms of members
and for organization of the board; providing that the State
Treasurer have custody of all funds of the board; prescribing
powers and duties of the board; authorizing the Board of
County Commissioners of Volusia County and the Board of
County Commissioners of Flagler County to appropriate mon-
eys annually from available funds for the use of the board;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Bloom, Fortune, and Melvin-
HB 349-A bill to be entitled An act relating to geriatric
outpatient nurse clinics; providing legislative intent; providing
definitions; amending s. 400.141(3), Florida Statutes, providing
guidelines for participation by nursing facilities in the opera-
tion of geriatric outpatient nurse clinics; providing for an
evaluation; providing for a report to the Legislature; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.



By Representatives Bloom, Tucker, Hazouri, Margolis, and
Forbes-
HB 350-A bill to be entitled An act relating to discrimina-
tory practices; providing legislative intent and a declaration of









JOURNAL OF THE HOUSE OF REPRESENTATIVES



policy; providing a definition; prohibiting any governmental
agency or person from willfully or knowingly entering into any
agreement, contract, arrangement, or understanding with a for-
eign person, foreign government, or international organization
which contains any provision which discriminates against any
person; prohibiting any person doing business in this state
from enforcing or attempting to enforce certain discriminatory
practices; providing for civil remedies; providing for injunc-
tions; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Craig-
HB 351-A bill to be entitled An act relating to medical
care or treatment of crippled children; creating s. 391.11, Flor-
ida Statutes; providing that claims for payment under dis-
ability insurance policies for care or treatment in certain li-
censed hospitals may not be denied solely because the hos-
pitals lack facilities for major surgery; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Craig-
HB 352-A bill to be entitled An act relating to public busi-
ness; creating s. 283.035, Florida Statutes, requiring agencies
of the state and its subdivisions to give preference to binderies
located within the state when awarding contracts to have mate-
rials bound; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

HB 353-Withdrawn

By Representative Craig-
HB 354-A bill to be entitled An act relating to the tree,
Melaleuca quinquenervia, popularly known as Cajeput or Punk
Tree; prohibiting the sale or transportation over public high-
ways of such species; providing penalties; providing an ap-
propriation to the Department of Natural Resources for re-
search into the effects of such trees on humans, wildlife, and
water resources; requiring the department to subcontract with
designated agencies for certain of these studies; providing an
appropriation to the Department of Natural Resources for the
eradication and control of such trees; requiring the South
Florida Water Management District to provide an appropriation
for the removal of such trees from certain areas of the dis-
trict; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representatives James, Gustafson, Langley, Neal, Pajcic,
J. W. Lewis, Mica, Burrall, Cherry, Conway, Cox, Crenshaw,
Culbreath, Danson, Evans, Ewing, Fechtel, Gallagher, Grizzle,
Hattaway, Hawkins, Hazelton, Healey, T. Lewis, Mann, Max-
well, McDonald, Mixson, T. Moore, Nelson, Nuckolls, Papy,
Patchett, Richmond, Rish, Sample, Sheldon, Smith, Steinberg,
Taylor, Poole, Craig, Kiser, Batchelor, and Woodruff-
HJR 355-A joint resolution proposing an amendment to
Section 16 of Article III of the ,State Constitution relating to
legislative apportionment.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative James--
HB 356-A bill to be entitled An act relating to automobile
liability insurance; creating s. 627.7275, Florida Statutes, re-
quiring certain portions of automobile insurance policies to
indicate the month of inspection of the motor vehicles covered



therein; adding subsection (13) to s. 627.728, Florida Statutes,
requiring automobile insurance companies to notify the Depart-
ment of Highway Safety and Motor Vehicles upon the can-
cellation, nonrenewal, or expiration of an automobile insurance
policy within the 11 months immediately following the vehicle
inspection month as stated in the policy; requiring the depart-



ment to notify the insured and certain law enforcement agen-
cies of the receipt of such notice of cancellation, nonrenewal,
or expiration; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representatives T. Lewis and Blackburn-
HB 357-A bill to be entitled An act relating to kidnapping
and false imprisonment; amending s. 787.04(1), Florida Stat-
utes, prohibiting any person without either a court order or
the permission of any custodial parent residing in the state
from enticing or removing a child beyond the limits of the
state; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives James, T. Lewis, Healey, Considine, R.
Moore, and Taylor-
HB 358-A bill to be entitled An act for the relief of the
City of West Palm Beach; providing an appropriation to com-
pensate the city for the construction of a sewage treatment
plant made obsolete by recent amendments to chapter 403,
Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representatives James, T. Moore, Healey, Considine, R.
Moore, and Taylor-
HB 359-A bill to be entitled An act for the relief of the
City of Lake Worth, Palm Beach County; providing for reim-
bursement for the construction of an ocean outfall in reliance
on approval by the State Board of Health; providing an ap-
propriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representatives Frank, Hodes, Young, Conway, Const-
dine, Maxwell, and Girardeau-
HB 360-A bill to be entitled An act relating to educational
accountability; creating s. 236.088, Florida Statutes, creating
the "Florida Compensatory Education Act of 1977"; providing
procedures for computation, allocation, and expenditure of
funds; providing for audits of programs; amending s. 237.-
34(3) (b), Florida Statutes, 1976 Supplement; providing for
expenditure of compensatory education funds; repealing s. 236.-
081(2), Florida Statutes; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Morgan and Hector-
HB 361-A bill to be entitled An act relating to state gov-
ernment; amending s. 216.262, Florida Statutes, 1976 Supule-
ment, authorizing agency heads to add, delete, or transfer
authorized positions under certain circumstance'; providing
limitations; requiring monthly reports; authorizing transfer
of authorized positions from one budget entity to another;
amending s. 216.292(2), Florida Statutes, providing for transfer
of appropriations by department heads under certain circum-
stances; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Dyer and Lehman-
HB 362-A bill to be entitled An act for the relief of the
City of Hollywood, Broward County; providing for reimburse-
ment for the reconversion of a sewage treatment plant; provid-
ing an appropriation; providing an effective date.



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



April 5, 1977



59









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative T. Lewis-
HB 363-A bill to be entitled An act relating to motor ve-
hicle inspection; amending s. 325.13(5), Florida Statutes, 1976
Supplement, deleting reference to Saturday closings in provi-
sions extending the validity of expired inspection certificates
under certain circumstances; adding subsection (3) to s. 325.20,
Florida Statutes, requiring licensed safety equipment inspec-
tion stations to be open on certain days; amending s. 325.27,
Florida Statutes, requiring inspection stations operated by
counties to be open on certain days; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Evans-
HB 364-A bill to be entitled An act relating to consumer
protection; requiring a warning label on aerosol spray contain-
ers that contain certain propellants; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Healey, Becker, Lehman, Smith, and
Bloom-
HB 365-A bill to be entitled An act relating to firearms;
adding subsections (15) and (16) to s. 790.001, Florida Stat-
utes, 1976 Supplement, defining "dealer" and "handgun"; creat-
ing s. 790.27, Florida Statutes, prohibiting the delivery of a
handgun by a dealer to a purchaser within 72 hours of a pur-
chase order; providing an exception; requiring dealers to
maintain records; prohibiting a person from engaging in the
business of selling firearms after conviction of a violation of
said section; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Tucker and Melvin-
HB 366-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121,021(29), Florida Statutes,
1976 Supplement, redefining the term "normal retirement date"
to provide that members of the system may retire after 30
years of creditable service, regardless of age, under certain
circumstances; amending s. 121.091(3), Florida 'Statutes, and
adding paragraph (f) to subsection (6) thereof, providing for
an optional early retirement plan; providing that persons
who elect to retire under the provisions of the Florida Re-
tirement System shall be prohibited from joining any state or
local government-supported retirement system in Florida; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Melvin-
HB 367-A bill to be entitled An act relating to education;
amending s. 230.66(1), (2)(a), (5) and (6), Florida Statutes,
which establishes an industry services training program and
creates the Industry Services Advisory Council; enlarging the
scope of the program and increasing the membership of the
council; providing for participation in training programs by
community college boards of trustees; deleting certain restric-
tions on teachers employed in such programs; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Tourism & Economic Development and Appropria-
tions.

By Representative Young-
HB 368-A bill to be entitled An act for the relief of Harry
John Kasmin, a National Guardsman; providing an appropria-
tion to compensate him for losses sustained by injury while
on duty during the Hurricane Donna on September 16, 1960;
providing an effective date.



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



By Representative Gallagher-
HB 369-A bill to be entitled An act relating to the Florida
Cemetery Act; creating s. 559.515, Florida Statutes; author-
izing any state, county, or municipal political subdivision which
contains unmaintained cemeteries within its jurisdiction to main-
tain such cemeteries under certain circumstances and to re-
quire the owner, when located, to pay for such service; pro-
viding that any such political subdivision which so maintains
a cemetery may maintain an action at law for services ren-
dered under certain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Gallagher-
HB 370--A'bill to be entitled An act relating to state gov-
ernment; providing definitions; authorizing state departments
and agencies to recruit, train, and accept volunteers for state
service; directing departments and agencies to make certain
rules with respect to volunteers; providing benefits for volun-
teers; requiring state departments and agencies to include
information on volunteers in their annual reports to the Legis-
lature and the Governor; requiring departments and agencies to
include volunteer impact statements in budget requests to the
Legislature; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Lehman, Steinberg, Young, Lockward,
Cox, Warner, James, Cherry, Conway, Papy, Hutto, Adams,
Craig, Nuckolls, Ewing, Patchett, Grizzle, Bloom, Patterson,
O'Malley, Hazouri, Fontana, and Hodes-
HB 371-A bill to be entitled An act relating to health test-
ing services; creating part II of chapter 483, Florida Statutes,
consisting of ss. 483.41-483.59, relating to the regulation of
multiphasic health testing centers; providing exceptions; pro-
viding definitions; providing powers and duties of the Depart-
ment of Health and Rehabilitative Services relating to the
licensing and regulation of such centers; authorizing the depart-
ment to inspect centers; providing for establishment of an
advisory council to the department; requiring the licensing
of centers; providing procedures and limitations relative there-
to; providing qualifications and duties of center directors; re-
quiring display of license; requiring centers to forward human
specimens to clinical laboratories for analyses; requiring trans-
mittal of results to the director of the center; providing grounds
and procedures for revocation and suspension of licenses; pro-
viding penalties; providing for injunctive relief; directing that
certain changes in terminology in the Florida Statutes be made;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Taxa-
tion, and Appropriations.

By Representative Fontana-
HB 372-A bill to entitled An act relating to inquests of the
dead; creating ss. 936.001, 936.002, and 936.003, Florida Stat-
utes, providing a definition; providing a new procedure for in-
quests of the dead; requiring inquests to be open to the pulb-
lic; vesting certain duties of the coroner in the medical ex-
aminer; repealing ss. 936.02-936.22, Florida Statutes, abolish-
ing the present provisions relating to inquests of the dead;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Morgan an and Tucker--
HB 373-A bill to be entitled An act relating to revenue
sharing; amending s. 218.245(2)(c), Florida Statutes, pro-
viding a change in the method of calculating the apportion-
ment factor to reflect the existence of state-owned lands with-
in an eligible municipality; providing an effective date.



-was read the first time by title and referred to the Corm-
mittees on Governmental Operations and Appropriations.



60



April 5, 1977









JOURNAL OF THE HOUSI



By Representative Hazelton-
HB 374-A bill to be entitled An act relating to medical treat-
ment; providing for termination of sustaining treatment of
a terminally ill or injured patient in certain circumstances;
providing immunity for physicians, medical institutions, and
certain employees of such institutions from civil and criminal
liability under certain circumstances; exempting persons com-
plying with this act from the provisions of s. 782.08, Florida
Statutes; providing for revocation of a document authorizing
the termination of sustaining medical treatment; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representatives Becker, Gustafson, Cox, and Warner-
HB 375-A bill to be entitled An act relating to condomin-
iums; amending s. 718.114, Florida Statutes, 1976 Supplement,
prohibiting the inclusion of certain items as common expen-
ses in the declaration and bylaws; providing that no lien shall
be enforceable for maintenance or rent payable for a recrea-
tional facility in which fee simple title is not held by the unit
owners or the association; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Adams-
HB 376-A bill to be entitled An act relating to insurance;
amending s. 627.419, Florida Statutes, 1976 Supplement, pro-
viding that insurance contracts which provide for the payment
for procedures which are within the scope of a chiropractor's
license shall be construed to include payment to a chiropractor
who performs such services; deleting current provisions of law
which require certain insurers to offer optional chiropractic
riders on policies; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Adams-
HB 377-A bill to be entitled An act relating to mobile home
parks; amending s. 83.760(2), Florida Statutes, 1976 Supple-
ment, and adding a new subsection; providing that, with re-
spect to mobile home park owners who rent lots to mobile
home owners, effective July 1, 1978, no such tenancy may be
enforced or terminated, nor may any rent be collected there-
for, unless a written lease has been offered; providing a pen-
alty; providing an effective date.
"-,was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Langley-
HB 378-A bill to be entitled An act relating to drivers' li-
censes; amending s. 322.27(2) (d), Florida Statutes, 1976 Sup-
plement, providing a point value of 1 point with respect to the
point system for the suspension or revocation of drivers' li-
censes for speeding at 70 miles per hour or less on certain
roads in the state; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Gordon-
HB 379-A bill to be entitled An act relating to sexual bat-
tery; amending s. 794.011(2), Florida Statutes, reducing the
penalty from a capital felony to a life felony for the commis-
sion by an adult of sexual battery upon a person 11 years of
age or younger or for injury by an adult of the sexual organs
of such person in an attempt to commit sexual battery; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice-

By Representative Barrett--



HB 380-A bill to be entitled An act relating to collective
bargaining; providing for the payment of a service representa-



April 5, 1977



on the homestead; prescribing procedures for maintaining rec-
ords of deferred taxes and interest; providing for issuance of
tax anticipation notes by the tax collector upon authorization
by local governing bodies; prescribing times and circumstances
in which deferred taxes become due and payable and delinquent;
specifying conditions under which surviving spouse of owner
may continue deferral; authorizing early payment or partial
payment of deferred taxes or interest by certain persons; pro-



SOF REPRESENTATIVES 61

tion fee to an employee organization or labor organization by
all employees represented by the organization; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Barrett-
HB 381-A bill to be entitled An act relating to jai alai;
adding paragraph (j) to subsection (2) of s. 550.03, Florida
Statutes, authorizing an additional charity day at the Brevard
County Jai Alai Frontons, the proceeds of which are to be
paid to the Harbor City Volunteer Ambulance Squad of Mel-
bourne; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Barrett-
HB 382-A bill to be entitled An act relating to jai alai;
adding paragraph (j) to subsection (2) of s. 550.03, Florida
Statutes, authorizing an additional charity day at the Brevard
County Jai Alai Frontons, the proceeds of which are to be
divided equally between the Brevard Community College and
the Florida Institute of Technology; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Mixson-
HB 383-A bill to be entitled An act for the relief of Marvin
J. Bryan; providing an appropriation to compensate him for
losses incurred due to the erection of a dam by the Game and
Fresh Water Fish Commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Maxwell-
HB 384-A bill to be entitled An act relating to the Flor-
ida Revenue Sharing Act of 1972; repealing s. 218.23(1) (c),
Florida Statutes, relating to the requirement that units of
local government levy taxes equivalent to an ad valorem tax of
3 mills in order to be eligible for revenue sharing beyond the
minimum entitlement; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs, Finance & Taxation, and Ap-
propriations.

By Representative T. Moore-
HB 385-A bill to be entitled An act relating to the election
code; creating s. 104.185, Florida Statutes; providing that it
is unlawful for any person to knowingly sign a petition for a
particular issue or candidate more than one time; providing
a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Margolis, Davis, T. Lewis, James, Bloom,
Langley, Hazouri, Nelson, and Pajcic-
HB 386-A bill to be entitled An act relating to ad valorem
taxation; authorizing certain persons entitled to homestead
tax exemption to defer payment of a portion of the ad val-
orem taxes levied on the homestead; providing definitions; pre-
scribing qualifications and procedures for applying for such
deferral; prescribing limitations; providing for interest on de-
ferred taxes; providing that deferred taxes constitute a lien









JOURNAL OF THE HOUSE OF REPRESENTATIVES



viding for collection of deferred taxes and interest; providing
for distribution and deposit of deferred taxes and interest
collected; providing penalties; adding paragraph (d) to s. 194.-
032(1), Florida Statutes, 1976 Supplement, providing for hear-
ing of appeals by property appraisal adjustment boards; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Melvin--
HB 387-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.052(1) (b) and (c) and
(6) (a), Florida Statutes, 1976 Supplement, eliminating legis-
lators from the Elected State Officers' Class of the Florida
Retirement System; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Melvin-
HB 388-A bill to be entitled An act relating to purchasing;
creating s. 287.057, Florida Statutes; placing certain condi-
tions upon the purchase of professional and technical services
by the state and its agencies; providing for written agreement
and for methods of billing for such services; providing that the
conditions of this act do not apply to contracts for such services
in effect on the effective date of this act; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Neal-
HB 389-A bill to be entitled An act relating to elections;
creating s. 100.365, Florida Statutes, providing a procedure
whereby the electors of a county or municipality may petition
for the submission of certain questions or issues to the electors
in a referendum; requiring the petition to contain certain in-
formation and a specified percentage of signatures of the
electors of the county or municipality; providing for the sub-
mission of the petition to the supervisor of elections for cer-
tification; requiring the governing body to place the question
on the ballot within a certain period if the required minimum
percentage of signatures on a petition is obtained; requiring the
governing body to call a special election for the submission of
the question to the electors under certain circumstances; provid-
ing for the effect of any vote cast on such question; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Margolis-
HB 390---A bill to be entitled An act relating to roads and
highways; authorizing and directing the Department of Trans-
portation to redesignate that portion of State Road 826 known
as Interama Boulevard within the City of North Miami Beach
as North Miami Beach Boulevard and Sunny Isles Boulevard;
authorizing and directing the Department of Transportation to
redesignate the interchange of State Road 826, U.S. 441, 1-95
and the Florida Turnpike from "Interama Interchange" to
"Golden Glades Interchange"; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropria-
tions.

By Representatives Becker, Warner, and Adams--
HB 391-A bill to be entitled An act relating to combinations
restraining trade or commerce; creating ss. 542.15-542.39,
Florida Statutes, as the Florida Antitrust Act of 1977; pro-
viding legislative intent; providing definitions; prohibiting re-
straints of trade or commerce, monopolization, exclusive deal-
ing and tying, unlawful mergers, and other anticompetitive



conduct; providing exemptions; providing penalties; author-
izing treble damages under certain circumstances; providing for
injunctive relief; providing for consent judgments; providing
for the legal effect of actions of corporate officers, di-
rectors, representatives, or agents acting within the scope



of their authority; providing for the forfeiture of char-
ter rights and privileges to do business under certain cir-
cumstances; providing that certain judgments in favor of the
state shall be considered prima facie evidence of violations of
this act brought by other parties against the same defendant;
providing for notification of civil actions filed under the act
by plaintiffs to the Attorney General; providing for a statute
of limitation with respect to actions under this act; providing
for venue; prohibiting the barring of actions under the act as
affecting or involving interstate or foreign commerce; providing
for the enforcement authority of the act; providing for civil
investigative demands under certain circumstances; providing
for the duty of public officers vis-a-vis the requirements of this
act; providing for rules of construction; providing that the
remedies provided in the act are cumulative; renumbering
s. 542.12, Florida Statutes, as s. 542.38, Florida Statutes, and
including it in the act to keep present provisions of law pro-
viding exceptions to the prohibition on contracts in restraint
of trade; repealing ss. 542.01-542.11, Florida Statutes, elim-
inating the current provisions of law governing combinations
restraining trade or commerce; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative T. Moore-
HB 392-A bill to be entitled An act relating to eminent
domain; amending s. 73.071(3), Florida Statutes, providing
compensation to a mobile home owner where the appropriation
by eminent domain is of property upon which a mobile home
is located and where the effect of the taking of the property
involved requires removal or relocation of such mobile home;
providing that such compensation shall be the reasonable re-
moval or relocation expenses incurred by such mobile home
owner; adding a new subsection (5) to s. 73.021, Florida Stat-
utes, providing that a statement shall be required showing the
necessity of removal of such mobile home and providing that if
removal is required the petition shall name the owners of each
such mobile home as defendants; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Nuckolls-
HB 393-A bill to be entitled An act relating to the safety
equipment inspection of motor vehicles; amending s. 325.11(13),
Florida Statutes, 1976 Supplement, redefining the term "motor
vehicle" so as to exclude "ancient" motor vehicles; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representatives Healey and Hattaway-
HB 394-A bill to be entitled An act relating to the Florida
Public Service Commission; amending s. 350.01, Florida Stat-
utes, increasing the number of commissioners from three to
five and providing for their appointment; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Healey and Warner-
HB 395---A bill to be entitled An act relating to public
utilities and telephone companies; providing that certain pub-
lic utilities and telephone companies may refuse to provide
service or discontinue service to customers who have not paid
charges for services or who have violated company rules or reg-
ulations only under certain circumstances; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Healey-



HB 396-A bill to be entitled An act relating to uniform
traffic control; adding paragraph (e) to s. 316.210(2), Florida
Statutes, which prohibits operation of a motor vehicle equipped
with certain reflective window glass, to exempt certain persons



62



April 5, 1977









JOURNAL OF THE HOUSE



from such prohibition based upon medical necessity; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Healey-
HB 397-A bill to be entitled An act relating to witnesses;
amending s. 92.141, Florida Statutes, to allow law enforcement
officers appearing as official witnesses to receive mileage al-
lowance under certain conditions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Healey-
HB 398-A bill to be entitled An act relating to animals;
amending s. 828.12, Florida Statutes, increasing the penalty
for certain actions deemed cruel to animals; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Melvin, Morgan, and Robinson-
HB 399-A bill to be entitled An act relating to retirement;
amending s. 121.091(9), Florida Statutes, eliminating certain
restrictions on the employment of a person who has retired
under the Florida Retirement System; authorizing such reem-
ployment for 600 hours per year with a monetary earnings
limit per year, without suspension of benefits; prohibiting re-
employment after retirement within 1 month with any employer
within the system; providing that a retired person holding
public office is subject to the same reemployment limitations
as any other member of the system and also applying these
limitations to retired persons who are independent contractors;
amending s. 121.046(4), Florida Statutes, to provide these
same reemployment restrictions to members of the Judicial
Retirement System; amending s. 122.16, Florida Statutes, to
apply these same reemployment limitations to members of the
State and County Retirement System; amending s. 238.181,
Florida Statutes, to apply these same reemployment limita-
tions to the retirement system for school teachers; adding sub-
section (11) to s. 121.091, Florida Statutes, relating to rein-
statement of membership in the Florida Retirement System
after retirement; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Fulford-
HB 400-A bill to be entitled An act relating to state-owned
lands; providing that state lands shall have a portion of such
lands designated for indigenous trees to be established and
maintained by the using agency with the assistance of the
Division of Forestry of the Department of Agriculture and
Consumer Services; providing that the division may exempt
lands which are unsuitable; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Malloy--
HB 401-A bill to be entitled An act relating to district
school boards; providing for the nonpartisan election of dis-
trict school board members; providing procedures for such non-
partisan elections; providing that the electors of a school
district must approve the provisions of this act in a referendum
before the act can be implemented in a district; providing for
adoption by districts already having nonpartisan elections and
validation of such elections; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Gordon and Lehman--



HB 402-A bill to be entitled An act relating to child abuse;
adding paragraphs (f) and (g) to s. 827.07(1), Florida Statutes,



April 5, 1977



By Representative Eckhart-
HB 408-A bill to be entitled An act relating to insurance;
creating s. 626.9705, Florida Statutes; prohibiting insurers
from imposing or requesting an additional premium for auto-
mobile insurance, or from refusing to issue or renew a policy,



OF REPRESENTATIVES 63

1976 Supplement, amending subsections (1)(b), (2), (4), (6),
(7), (9) and (11) thereof and adding two new subsections
thereto; providing definitions; authorizing the courts to order
medical services by a licensed physician or treatment by a
duly accredited practitioner under certain circumstances; provid-
ing for immunity from criminal prosecutions to licensed physi-
cians offering such services; requiring certain reports to be
made to the Department of Health and Rehabilitative Services;
requiring certain persons to report the death of a child resulting
from abuse; excluding autopsy reports from confidentiality re-
quirements; providing for the taking of photographs; providing
for the taking of x-rays at the county's expense to be reimbursed
by the parent, guardian or custodian; providing that photo-
graphs and reports on x-rays shall be sent to the department;
providing for the taking of a child into protective custody; pro-
viding for confidentiality of certain records; creating a meth-
od for classifying reports of child abuse; providing for expunction
of unfounded and indicated reports; providing immunity to per-
sons taking photographs and x-rays of suspected abused chil-
dren and persons taking children into custody; providing educa-
tion and training for appropriate persons; providing penalties for
failure to report and for preventing another from reporting;
providing a criminal, rather than a civil, penalty for willful
or knowing publication or disclosure of certain confidential in-
formation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

HB 403-Withdrawn

HB 404-Withdrawn

By Representative Hazelton-
HB 405-A bill to be entitled An act relating to consumer
credit financing; amending s. 520.35(3), Florida Statutes, re-
lating to revolving accounts, and s. 659.181, Florida Statutes,
relating to bank loans and credit cards, to provide for the
reduction of the maximum allowable interest rates to not more
than 9% per year; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Bloom-
HB 406-A bill to be entitled An act relating to education;
amending s. 228.091, Florida Statutes; providing a penalty for
the trespass by certain persons upon the grounds or facilities
of educational institutions; increasing the penalty for the
failure of such persons to leave after being ordered to do so;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Young-
HB 407-A bill to be entitled An act relating to education;
amending s. 231.601(1) and (2), Florida Statutes, and adding
a new subsection (3), providing for a program for the con-
tinuous improvement of public education and assigning respon-
sibility for initiation of the program to the Commissioner of
Education, and for implementation of the program to the
Board of Regents, community college boards of trustees, and
district school boards; creating s. 231.6045, Florida Statutes;
providing for primary service and leadership regions and for
advisory councils for such regions; providing for appointment,
membership, expenses, and duties of the councils; providing
for regional program directors and duties thereof; amending
s. 231.609, Florida Statutes, providing for funding; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



solely because the insured or applicant was cited for certain
traffic violations; prohibiting cancellation of automobile insur-
ance, because of a single accident, after the insured has paid
premiums for a specified period or longer; providing penalties;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

MR. McKNIGHT IN THE CHAIR

By Representative Davis-
HB 409-A bill to be entitled An act relating to sentencing;
providing for the creation of a Sentence Review Commission
for the purpose of reviewing all sentences rendered in the state
each month for substantial disparities between two sentences for
the same crime; providing for the membership of the commis-
sion, terms of office, and compensation; providing for the
selection of a chairman of the commission; providing that cer-
tain commission findings shall be forwarded to the appropriate
court of appeal; directing the Division of Electronic Data Pro-
cessing of the Department of General Services to develop a
data processing system to provide the commission with certain
information; requiring the commission to report to the Legis-
lature at each regular session; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Fox-
HB 410-A bill to be entitled An act relating to occupational
license taxes; amending s. 205.171(1), (3), (4), and (6), Flor-
ida Statutes, relating to the exemption from such taxes for dis-
abled veterans and their unremarried widows, to provide that
the exemption shall be applicable to both men and women and
the surviving spouse of either; providing an effective date.
-was read the first time by title and referred to the Com-i
mittees on Veterans Affairs and Finance & Taxation.

By Representative Fox-
HB 411-A bill to be entitled An act relating to the dissolu-
tion of marriage; creating s. 61.21, Florida Statutes, requiring
the court to consider specific factors in distributing marital
property in proceedings for the dissolution or annulment of a
marriage; providing that certain property is presumed to be
marital property; providing for a showing to overcome the pre-
sumption; authorizing the court to impose liens or charges upon
marital property and to direct the continuance of life insur-
ance policies under certain circumstances; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Fox-
HB 412-A bill to be entitled An act relating to marriage
licenses; amending s. 741.06, Florida Statutes, to provide that
no marriage license may be issued to those under the age of
16 years, whether male or female, except at the discretion of
the county court judge, upon sworn application that applicants
are the parents or expectant parents of a child; conforming
section to new age of majority rights; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Boyd-
HB 413-A bill to be entitled An act relating to workmen's
compensation; amending s. 440.34(1), Florida Statutes; pro-
viding criteria to be considered in assessing attorney's fees
in claim proceedings; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Malloy-



HB 414-A bill to be entitled An act relating to unemploy-
ment compensation; creating s. 443.075, Florida Statutes,



authorizing employers who are contributing to the Unemploy-
ment Compensation Trust Fund on behalf of certain employees
to investigate unemployment compensation claims, and where
the claims appear improper, file a petition in the circuit court;
authorizing the award of certain funds to such employers;
providing for a readjustment of experience ratios; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Finance & Taxation.

By Representative Martin-
HB 415-A bill to be entitled An act relating to discrimina-
tion in state employment; directing the Department of Admin-
istration to undertake a program to eradicate discrimination
on the basis of sex, race or age in the granting of salaries and
promotional opportunities with respect to certain state employ-
ees; requiring the department to make annual salary equity
studies; providing an appropriation and providing for the dis-
position of funds which are appropriated but not used; re-
quiring the department to report to the Joint Legislative Man-
agement Committee of the Legislature annually; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Gordon-
HB 416-A bill to be entitled An act relating to mental
health; amending s. 917.13, Florida Statutes, providing defini-
tions; amending s. 917.14, Florida Statutes, providing for cer-
tification of a defendant for hearing; amending s. 917.17, Flor-
ida Statutes, relating to appointment of experts and contempt of
court; creating s. 917.175, Florida Statutes, providing for re-
ports by experts; creating s. 917.176, Florida Statutes, provid-
ing for examinations by experts; amending s. 917.18, Florida
Statutes, relating to hearings to provide counsel for an in-
digent defendant; amending s. 917.19, Florida Statutes, pro-
viding for commitment to the Department of Health and Re-
habilitative Services rather than to the Department of Offender
Rehabilitation; amending s. 917.20, Florida Statutes, provid-
ing for periodic examinations, discharge procedures of the
department and recommencement of civil proceedings by the
court; amending s. 917.21, Florida Statutes, providing for the
jurisdiction of the committing court and for certain treatment
decisions to be made by the department; creating s. 917.215,
Florida Statutes, providing for recommencement of criminal
proceedings; creating s. 917.216, Florida Statutes, providing
for probation and training programs for outpatient therapists;
creating s. 917.217, Florida Statutes, providing for work-release
and community furlough programs; creating s. 917.218, Flor-
ida Statutes, providing for time spent in admission procedure to
count as gain-time; amending s. 917.22, Florida Statutes, re-
lating to confidentiality of records, to specify exceptions;
creating s. 917.225, Florida Statutes, providing for information
and documentation responsibilities of the court upon commit-
ment of an offender to the department; amending s. 917.25,
Florida Statutes, providing for fees paid by the offender;
creating s. 917.29, Florida Statutes, providing for clearing of
the courtroom and providing exceptions; creating s. 917.31,
Florida Statutes, authorizing the department to establish men-
tal health research and treatment centers; creating s. 917.32,
Florida Statutes, requiring the department to conduct re-
search; repealing chapter 801, Florida Statutes, the "Child
Molester Act," and encompassing the provisions thereof in this
act; repealing ss. 917.15, 917.16, 917.26, 917.27, and 917.28,
Florida Statutes, relating to procedures for hearings, examina-
tions, and custody of mentally disordered sex offenders; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representatives Steinberg and Papy-
HB 417-A bill to be entitled An act relating to a special
election to be held pursuant to Section 5 of Article XI of the
State Constitution for the approval or rejection by the electors
of Florida of a joint resolution amending Section 7 of Article X
and adding Section 18 to Article XII of the State Constitution
relating to casino gambling; providing for publication of notice
and for procedures; providing an effective date.



-was read the first time by title and referred to the Com-
mittees on Tourism & Economic Development and Appropria-
tions.



64



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Conway, Crenshaw, Hieber, Ward, Robin-
son, Pajcic, and Rish-
HB 418-A bill to be entitled An act relating to retired mem-
bers of state retirement systems; amending s. 112.362(4), Flor-
ida Statutes, 1976 Supplement, authorizing certain retirees
who were members of state-supported retirement systems which
did not require their members to participate in social security
to receive cost-of-living adjustments in addition to certain re-
computed retirement benefits; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Young-
HB 419-A bill to be entitled An act relating to education;
creating s. 229.8085, Florida Statutes; requiring defunct non-
public schools to transfer certain student records to the super-
intendent of schools; providing responsibilities of the Depart-
ment of Education; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Moffitt-
HB 420-A bill to be entitled An act relating to circuit and
county court judges; amending s. 216.262 (3), Florida Statutes,
1976 Supplement, providing that upon approval of the Depart-
ment of Administration, circuit judges and county court judges
may be compensated, above and beyond the salary provided for
such judges by law, from an educational appropriation for
teaching one course of instruction per academic term; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Moffitt-
HB 421-A bill to be entitled An act relating to instructional
aids; adding a new subsection (12) to s. 233.25, Florida Stat-
utes, requiring publishers and manufacturers of instructional
materials, with respect to any copyright held by the publisher
or its agency, to give automatic permission to the Department
of Education or its agencies for the reproduction of the mate-
rial in Braille, large print, or as sound recordings for visually
handicapped students as a prerequisite to providing such in-
structional materials to the state; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Steinberg-
HB 422-A bill to be entitled An act relating to securities;
creating ss. 517.50-517.62 and 517.65, Florida Statutes; pro-
viding a short title; providing definitions; prohibiting fraudu-
lent, deceitful, or misleading practices in securities transactions;
requiring disclosure and the filing of disclosure statements with
the Department of Banking and Finance with regard to securi-
ties not registered under the securities laws of the United
States and not exempt from registration thereunder or by this
act; authorizing the department to adopt rules; providing ex-
emptions; providing civil liability for violations of the act and
for the making of misleading statements; requiring registra-
tion of brokers, dealers, and agents; prohibiting certain per-
sons from engaging in the securities business as a broker, deal-
er, or agent; permitting the department to make investigations
and issue and enforce subpoenas; providing for a temporary ex-
emption from the public records act; providing for injunctions
to restrain violators of securities laws; granting cease and
desist powers to the department; providing criminal and civil
penalties; providing for fees; adding paragraph (e) to s. 95.-
11(4), Florida Statutes, providing a statute of limitations with
regard to certain actions related to securities; providing ap-
plicability; providing a 1-year saving clause for civil actions,
criminal prosecution, administrative proceedings, offers, or
sales that could have been made under prior law but would be



prohibited or barred by this act; providing that all registra-
tions under prior law and orders relating to them remain valid;
renumbering ss. 517.32 and 517.33, Florida Statutes, as ss. 517.-
63 and 517.64, Florida Statutes, respectively; repealing ss. 517,-



01-517.311, Florida Statutes, relating to sale of securities;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Healey-
HB 423-A bill to be entitled An act relating to the prac-
tice of pharmacy; creating s. 465.32, Florida Statutes, to allow
licensed pharmacists to fill valid prescriptions on file with
another pharmacy under certain conditions; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Healey-
HB 424-A bill to be entitled An act relating to pharmacists;
amending s. 465.071(1) (c), Florida Statutes, to exempt cer-
tain persons from internship requirements; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Davis-
HB 425-A bill to be entitled An act relating to community
colleges and the State University System; amending s. 230.-
763, Florida Statutes, and adding s. 240.052(5), Florida Stat-
utes, 1976 Supplement; providing that older persons may at-
tend courses at a community college or university except a
medical school without receiving academic credit, and with-
out paying certain fees; providing that this privilege may be
limited or denied if classroom space is inadequate; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representative 'Smith-
HB 426-A bill to be entitled An act relating to determina-
tion of death; providing a standard for determining human
death consistent with currently accepted medical standards;
providing for applicability of the standard; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Mixson-
HB 427-A bill to be entitled An act relating to honeybees;
amending s. 586.11, Florida Statutes, requiring importers of
honeybees to pay a fee; providing for the distribution of reve-
nues derived therefrom; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agricultural & General Legislation, Finance & Tax-
ation, and Appropriations.

By Representative Conway-
HB 428-A bill to be entitled An act relating to education;
adding subsection (17) to s. 230.23, Florida Statutes, 1976 Sup-
plement, and adding paragraph (j) to s. 230.754(2) and para-
graph (r) to s. 240.042(2), Florida Statutes, authorizing ap-
propriate boards to adopt by rule penalties for violation of
rules in all levels of education; providing for appeal; amending
s. 239.55, Florida Statutes, to provide that traffic violations
in the state university system shall be punished in accordance
with Board of Regents rules; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Bell-



HB 429-A bill to be entitled An act relating to maternity
and infancy hygiene; amending ss. 383.15, 383.16, 383.17, 383.19,
383.20, and 383.21, Florida Statutes, 1976 Supplement, expand-
ing the emphasis of the neonatal intensive care centers to



65



April 5, 1977









66 JOURNAL OF THE HOUSE

perinatal intensive care centers; providing priority in establish-
ment of such centers; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representatives Bloom and Blackburn-
HB 430-A bill to be entitled An act relating to parent and
child; providing legislative intent; requiring certain public
agencies and authorizing certain private agencies providing
parental services to advise the courts of their availability; pro-
viding for fee waivers; adding subsection (3) to s. 39.04, Flor-
ida Statutes, authorizing the intake officer to request that the
parents or legal guardians of a child receive parental assist-
ance from certain agencies; amending s. 39.11(7), Florida Stat-
utes, conforming provisions relating to court ordered counseling
for parents or legal guardians of dependent, delinquent, or un-
governable children to the act; creating s. 232.175, Florida
Statutes, authorizing a school superintendent to request the
parent or legal guardian of a child failing to attend school to
receive such parental assistance; authorizing the school super-
intendent to request the court to order the receipt of such as-
sistance in a prosecution under the compulsory attendance law;
adding subsection (7) to s. 232.19, Florida Statutes, authorizing
the court in such a prosecution to order the receipt of such
parental assistance; adding subsection (4) to s. 232.26, Florida
Statutes, 1976 Supplement, authorizing the principal of a
school, his designated representative, or the district school
board to request a parent or legal guardian of a pupil sub-
ject to suspension or dismissal to receive such assistance;
amending s. 741.24, Florida Statutes, authorizing the court in
certain civil actions against the parents or guardians of a
minor to require the child, or parents or guardians, or both,
to provide services to the claimant, and authorizing the court
to order the parents to receive parental assistance; amending
s. 827.07(7), Florida Statutes, 1976 Supplement, relating to
abuse of children, providing for the inclusion of referrals of
parents and legal guardians to such agencies in the central reg-
istry maintained by the Department of Health and Rehabilita-
tive Services; creating s. 827.10, Florida Statutes, authorizing
the court to order the referral of such parents and legal guard-
ians to agencies providing parental services; providing for the
enforcement of an order; requiring certain agencies to file a
report with the Legislature; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Hill, Evans, Patchett, and Craig-
HB 431-A bill to be entitled An act relating to ad valorem
taxation; creating s. 193.622, Florida Statutes: defining "solar
energy system"; providing for a reduction in the assessed value
of property on which a solar energy system is installed; pro-
viding procedures for claiming the right of such assessment;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Finance & Taxation.

By Representatives Hill, Fox, and Craig-
HB 432-A bill to be entitled An act relating to alcoholic
beverage licenses; amending s. 561.20(2)(a), Florida Statutes,
1976 Supplement; providing that for special license purposes,
food sales in restaurants need not be simultaneous with alco-
holic beverage sales and that restaurants licensed prior to the
enactment of chapter 57-773, Laws of Florida, shall not in-
clude paclkage sales as part of its annual gross revenue factor;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives Hill and Lockward--
HB 433---A bill to be entitled An act relating to driver's li-



censes; adding a new paragraph (g) to s. 322.27(2), Florida
Statutes, 1976 Supplement, providing for the issuance of a
temporary driver's permit to any person whose license is sus-
pended under the point system; providing restrictions upon
the issuance and renewal of the permit; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.



;I



mittee on Education.

By Representative Hazelton-
HB 440-A bill to be entitled An act relating to the Parole
and Probation Commission; amending s. 947.04(1), Florida



SOF REPRESENTATIVES April 5, 1977

By Representative Healey-
HB 434-A bill to be entitled An act relating to education;
amending s. 236.081(6), Florida Statutes, 1976 Supplement, to
provide for funding for elementary school counselors as a
general categorical program; amending s. 236.086, Florida
Statutes, to require annual appropriations in an amount at
least sufficient to provide one such counselor for each element-
ary school; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Grizzle and Richmond-
HJR 435-A joint resolution proposing an amendment to
Section 3 of Article III of the State Constitution, providing
that the regular session of the Legislature held in odd-num-
bered years be open only for the consideration and passage of a
biennial general appropriations act, implementing legislation,
and finance and taxation legislation; providing emergency
powers; providing that the regular sessions of the Legislature
held in even-numbered years be for the transaction of all other
legislative business.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Hazouri-
HB 436-A bill to be entitled An act for the relief of Griggs
T. Bigbie, L. B. Chambers, James W. Ezell, Charles Groover,
Gerald L. Myers, James C. Parkman, Lowen Strong, and Her-
bert Darley; providing an appropriation to compensate them
for an improper and unauthorized withdrawal by the Depart-
ment of Health and Rehabilitative Services, Division of Voca-
tional Rehabilitation, Bureau of Blind Services, from the gross
proceeds of the claimants' operation of their respective blind
vending stands; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representatives Hazouri and Warner-
HB 437-A bill to be entitled An act relating to elections;
amending s. 98.081, Florida Statutes, relating to removal of
names from registration books; requiring supervisors, in odd-
numbered years, to mail forms to all electors who did not vote
in the past 4 years; providing for restoration of purged
names by application in writing; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Melvin and Morgan-
HB 438-A bill to be entitled An act relating to retirement;
amending s. 121.051(1) and (2)(a), Florida Statutes, to pro-
vide that after June 30, 1977, the compulsory participation re-
quirements of said section shall not be construed to require
participation in the Florida Retirement System by a member of
an existing system who returns to employment following a
break in service, provided such member leaves his contributions
on deposit with e existing system; reopening the Florida
Retirement System to members of certain existing retirement
systems and extending survivor benefits for members trans-
ferring from the Teachers' Retirement System of Florida to
the Florida Retirement System; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Young-
HB 439-A bill to entitled An act relating to education;
amending s. 228.041(27), Florida Statutes, 1976 Supplement,
to redefine "expulsion" for purposes of the Florida School
Code; providing an effective date.
-was read the first time by title and referred to the Comn-









JOURNAL OF THE HOUSE



Statutes, providing for a vice-chairman of the Parole and Pro-
bation Commission; adding subsection (4) to s. 947.09, Florida
Statutes, providing procedures for employment of, and qualifi-
cations for, hearing examiners; amending s. 947.17(7), Flor-
ida Statutes, and adding new subsections (3) and (4) thereto,
requiring notice of hearings and access to records; requiring
written notification for denial of parole and specific reasons
for denial; amending s. 947.18, Florida Statutes, requiring
establishment of criteria to be used in the decision to grant
or deny parole; requiring written notice when a decision is
made outside of such guidelines; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

By Representatives Hazelton and Lehman-
HB 441-A bill to be entitled An act relating to restitution
to victims of crimes; creating s. 947.181, Florida Statutes, al-
lowing the Parole and Probation Commission to require victim
restitution as a condition of parole; amending s. 945.091(1),
Florida Statutes, 1976 Supplement, and adding a subsection, al-
lowing the Department of Offender Rehabilitation to require
victim restitution of offenders working at paid employment;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

By Representative Lockward-
HB 442-A bill to be entitled An act relating to insurance;
prohibiting insurers from increasing rates charged for insur-
ance prior to the date upon which approval for such an in-
crease is granted by the Department of Insurance; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Pajcic-
HB 443-A bill to be entitled An act relating to venue;
repealing s. 47.191, Florida Statutes, removing provisions which
require the movant to pay accrued costs in an action before a
change of venue may be granted; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Finance & Taxation.

By Representative Lockward-
HB 444-A bill to be entitled An act relating to fire protec-
tion; creating s. 633.067, Florida Statutes; requiring that
single-family residences have automatic smoke alarm devices;
providing for enforcement by the State Fire Marshal; providing
penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Evans-
HB 445-A bill to be entitled An act relating to taxation of
solar energy systems; adding paragraph (1) to s. 212.08(7),
Florida Statutes, to provide a sales tax exemption for certain
solar energy systems; providing effective and expiration dates.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representative Fulford-
HB 446-A bill to be entitled An act relating to the Game
and Fresh Water Fish Commission; providing that it is unlaw-
ful for members of the commission to expend or contract for
the expenditure of funds in excess of lawful appropriations and
providing that certain members voting for such action shall
be liable for excess expenditures above lawful appropriations;
providing that such members shall be guilty of malfeasance



and subject to suspension; providing a penalty; providing that
commission members who violate certain provisions of law with
respect to the expenditure of state funds shall be guilty of



April 5, 1977



By Representatives Dyer and Conway-
HB 453-A bill to be entitled An act relating to thermal
efficiency standards; creating part VII of chapter 553, Florida



SOF REPRESENTATIVES 67

malfeasance in office and subject to suspension; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Davis (by request)-
HB 447-A bill to be entitled An act relating to the public
defender; amending s. 27.52(2)(d), Florida Statutes, provid-
ing that parents of minors represented by special assistant
public defenders are liable for certain costs of representation;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representatives Mixson, Hattaway, and Langley-
HB 448-A bill to be entitled An act relating to insurance;
amending s. 627.082(1)(o), Florida Statutes, and adding a new
paragraph; providing that the experience of certain persons
associated with operating a vehicle or train as a public convey-
ance shall not be a factor in setting their motor vehicle li-
ability insurance rates; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Mixson-
HB 449-A bill to be entitled An act relating to cosmetology;
adding subsection (7) to s. 477.05, Florida Statutes, providing
exemption from the Florida Cosmetology Law for certain
persons who provide cosmetology services gratuitously to dis-
abled, ill, or physically incapacitated persons; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Finance &
Taxation.

By Representative Kutun-
HB 450-A bill to be entitled An act for the relief of William
Thomas Huddlestun; providing an appropriation to compensate
him for personal injury sustained and expenses incurred as a
result of the negligence of the City of Coral Gables; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By the Committee on Tourism & Economic Development-
HB 451-A bill to be entitled An act relating to the Depart-
ment of Commerce; adding subsections (22) and (23) to s.
288.03, Florida Statutes, 1976 Supplement, and adding para-
graphs (k) and (1) to s. 288.34(1), Florida Statutes; specify-
ing authority of the Division of Economic Development and the
Division of Tourism of the Department of Commerce to pay
certain foreign travel expenses of state officers and employees
and other authorized persons, and to pay certain travel ex-
penses of such persons when traveling with business prospects
of the state, with travel writers, or in connection with trade
shows and other specified types of travel; exempting such
expenditures from certain provisions of s. 112.061, Florida Stat-
utes, 1976 Supplement; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives T. Moore and Pajcic-
HB 452-A bill to be entitled An act relating to beaches;
providing legislative intent; granting the Department of
Natural Resources the power of eminent domain to secure pub-
lic access to beach areas of the state; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Statutes, consisting of ss. 553.91-553.99, Florida Statutes, en-
titled the "Florida Thermal Efficiency Code"; providing legisla-
tive purpose; providing definitions; providing that the act ap-
plies to all new and renovated buildings in the state for which
building permits are obtained after December 31, 1978; pro-
viding exceptions; providing thermal efficiency standards for
new residential and nonresidential buildings and for renovated
buildings; providing for compliance; providing for inspection;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Crenshaw-
HB 454-A bill to be entitled An act relating to taxation of
solar energy systems; adding paragraph (1) to s. 212.08(7),
Florida Statutes, to provide a sales tax exemption for certain
solar energy systems; providing effective and expiration dates.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representative Crenshaw--
HB 455-A bill to be entitled An act relating to ad valorem
taxation; creating s. 193.651, Florida Statutes; providing for the
classification of certain equipment as a solar energy system;
providing an assessment factor to be used on the increased
property value due to the installation of such system; providing
procedures for claiming the right of such assessment; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representatives Moffitt and Lehman-
HB 456-A bill to be entitled An act relating to bail; creating
s. 903.011, Florida Statutes, providing legislative intent; creat-
ing s. 903.021, Florida Statutes; providing a procedure for the
release of persons on bail prior to conviction; authorizing the
court to impose conditions upon such release; providing in-
formation to be considered by the court in making its deter-
mination; requiring the court to inform the accused of any
conditions of release and of penalties for violation thereof;
authorizing the court to impose additional conditions; provid-
ing for the review and amendment of conditions of release;
providing for the return of money deposited by the accused in
the execution of an appearance bond once the conditions have
been met, except for a percentage to be retained by the clerk
of the court; renumbering and amending s. 843.15, Florida
Statutes, transferring to chapter 903, Florida Statutes, penalties
for the failure of the defendant on bail to appear; repealing s.
903.02, Florida Statutes, relating to the jurisdiction of in-
ferior courts to admit persons to bail; repealing s. 903.03,
Florida Statutes, which authorizes the court to order the release
of persons on bail prior to the filing of an indictment, affida-
vit, or information and which authorizes the Department of
Offender Rehabilitation to prepare a report to assist the court;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative McPherson--
HB 457--A bill to be entitled An act for the relief of Albert
Franklin Christison, Jr.; providing an appropriation to com-
pensate him for injuries received due to the negligence of the
Department of Transportation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Conway--



HB 458-A bill to be entitled An act relating to education;
amending ss. 228.041(19) and 230.23(4) (m), Florida Statutes,
1976 Supplement; redefining "exceptional students"; allow-
ing financial assistance to parents or guardians of such students
served by special programs provided through contractual ar-



rangements with private or nonpublic schools; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Conway-
HB 459-A bill to be entitled An act relating to civil engi-
neering and associated professions; establishing a civil engi-
neering school, teaching clinic, and collectanea at the University
of Florida; establishing programs and degrees; requiring gov-
ernmental agencies to furnish the collectanea copies of docu-
ments, building permits, and other data relating to certain
plans, facilities, buildings or structures; creating administrative
and specialty boards; prescribing powers and duties of boards;
providing authority to accept projects and accept grants and
other available funds; amending s. 471.21(1), Florida Statutes;
authorizing students in the final year of the doctoral program
of the civil engineering school to take the state professional
engineer examination for registration; providing an appro-
priation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Conway-
HB 460-A bill to be entitled An act relating to education;
amending s. 231.601(1) and (2), Florida Statutes, and adding
a new subsection (3), providing for a program for the contin-
uous improvement of public education and assigning responsi-
bility for initiation of the program to the Commissioner of
Education, and for implementation of the program to the
Board of Regents, community college boards of trustees, and
district school boards; creating s. 231.6045, Florida Statutes;
providing for primary service and leadership regions and for
advisory councils for such regions; providing for appointment,
membership, expenses, and duties of the councils; providing for
regional program directors and duties thereof; amending s.
231.609, Florida Statutes, providing for funding; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Conway-
HB 461-A bill to be entitled An act relating to educational
funding; amending s. 236.081(5) (a), Florida Statutes, 1976
Supplement, to provide that required local effort shall not ex-
ceed 25 percent of the total allocation for the Florida Education
Finance Program; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Conway-
HB 462-A bill to be entitled An act relating to educational
funding; amending s. 236.081(1)(d), (2), (4), and (6)(a),
Florida Statutes, 1976 Supplement, and adding subsections
thereto; specifying assigned weighted full-time equivalent stu-
dent membership for certain special programs; providing for
supplement to base student cost in compensatory education
programs and providing for such programs in basic skills;
providing for inservice educational personnel training expend-
iture; specifying additional general categorical programs; pro-
viding for teacher-pupil ratio in certain grades and for alter-
native education programs; providing appropriations; providing
an effective date,
-was read the first time by title and referred to the Com-
mittees on 'Education and Appropriations.

By Representative James-
HB 463-A bill to be entitled An act relating to bingo and
guest games; amending s. 849.093(8), Florida Statutes, pro-
viding that authorized bingo or guest games may be held on
municipal property under certain circumstances; providing an
effective date.



-was read the first time by title and referred to the Com-
mittee on Criminal Justice,



68



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Fontana--
HB 464-A bill to be entitled An act relating to law en-
forcement; adding subsection (4) to s. 112.531, Florida Stat-
utes, defining "interrogation"; amending s. 112.532(1)(d), (2)
and (3), Florida Statutes, relating to law enforcement officers'
rights; providing for complaints of a criminal nature; provid-
ing for hearing procedure; restricting civil suits against employ-
ing agency; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Fechtel-
HB 465-A bill to be entitled An act relating to execution;
amending ss. 922.07 and 922.08, Florida Statutes, changing
"warden" to "superintendent" in provisions relating to proceed-
ings when persons sentenced to death may be insane or preg-
nant; amending s. 922.09, Florida Statutes, providing for the
issuance of warrants of execution by the Supreme Court rather
than the Governor; providing exceptions; requiring execution of
the sentence during a specified period; amending ss. 922.11(1),
922.12, and 922.14, Florida Statutes, conforming to the act
provisions relating to the regulation of executions, return of
warrants of execution, and the issuance of warrants when a
death sentence is unjustifiably not executed; providing for the
setting of execution dates following stays by the Governor; re-
pealing s. 922.06, Florida Statutes, relating to stays of execu-
tions of death sentences; repealing s. 922.15, Florida Statutes,
removing unnecessary provisions relating to the return of
warrants to the Supreme Court; directing that changes in
terminology in the Florida Statutes be made; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Corrections, Probation & Parole.

By Representatives Pajcic and Hazouri-
HJR 466--A joint resolution proposing amendments to Sec-
tions 1, 3, and 5 and the creation of Section 6 of Article XI
of the State Constitution relating to constitutional amendments,
initiative and referendum.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Kiser and T. Lewis-
HB 467-A bill to be entitled An act relating to state gov-
ernment; providing for modification or adaptation of certain
examinations administered by state agencies so that blind per-
sons can more equitably compete with sighted persons taking
any such examination; providing criteria for certain modifi-
cations and adaptations; providing for rules; providing penal-
ties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Considine-
HB 468-A bill to be entitled An act relating to public print-
ing; creating s. 283.30, Florida Statutes, requiring prior justi-
fication and approval of each state agency publication as an ap-
propriation line item within the agency's budget request to the
Legislature; providing for approval and funding of state agency
publications in a different manner; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Considine-
HB 469-A bill to be entitled An act relating to alcoholism
prevention, control, and treatment; creating ss. 396.191, 396.-
192, 396.193, 396.194, 396.195, 396.196, and 396.197, Florida
Statutes; providing for licensing of all alcoholic treatment re-
sources by the Department of Health and Rehabilitative Serv-
ices; providing procedures for licensure; providing for expira-
tion, renewal, refusal, suspension, revocation, and reinstate-



ment of licenses; providing for injunction for operation of a
treatment resource without license; providing for right of
entry and inspection by the Department of Health and Re-
habilitative Services; requiring the department to adopt rules



setting standards for the operation of a treatment resource;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Tax-
ation, and Appropriations.

By Representative Richard-
HB 470-A bill to be entitled An act relating to millage;
amending s. 200.065(1), (2), and (3)(a) and (c), Florida
Statutes, 1976 Supplement, deleting requirement that the prop-
erty appraiser use 95 percent of taxable value in calculating
certified millage; requiring a public hearing after preparing
a proposed budget prior to levying more than certified village;
requiring such hearing to be after 7 p.m.; providing the form
of advertisement; providing form of advertisement when school
board proposes a millage increase in excess of required local
effort; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Richard-
HB 471-A bill to be entitled An act relating to small busi-
nesses; creating the Small Business Assistance Act; providing
legislative purpose; defining "small business"; providing duties
of the Department of Commerce under the Act; providing pro-
grams for an information system, for assistance and counseling,
for receipt of complaints and suggestions, and for ensuring
that a certain percentage of state agency purchases be from
small businesses; providing for annual reports; creating an
advisory council to the department and providing its duties;
providing for a 4-year report; providing for termination of
certain programs; providing for repeal of this act under certain
circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Bell-
HB 472-A bill to be entitled An act relating to auctioneers;
creating the Florida Auctioneers' Commission of the Division
of Occupations of the Department of Professional and Occu-
pational Regulation; providing definitions; requiring the certi-
fication and examination of auctioneers; providing a procedure
for fees; requiring the posting of a surety bond; authorizing
the adoption of rules; providing a penalty; providing a grand-
father section; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

MR. KERSHAW IN THE CHAIR

By Representative Bell-
HB 473-A bill to be entitled An act relating to state, county,
and municipal agencies and officials; amending ss. 125.0105,
166.251, Florida Statutes; adding s. 215.34(4), Florida Stat-
utes; prohibiting such agencies and officials from refusing to
accept certain personal and business checks; providing an ef-
fective date.
--was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Bell-
HB 474-A bill to be entitled An act relating to real prop-
erty; creating the "Time Share Ownership Act"; providing
definitions; prohibiting the creation of time share estates in
any manner other than pursuant to project instruments ex-
pressly permitting the creation of such estates; providing that
each time share estate constitutes a separate interest in real



property; providing for separate taxation; providing for the
obligations of persons who own time share estates in projects;
prohibiting the partition of time share units except pursuant
to the project instruments and deeds; providing that any awards
or proceeds which become payable to all of the time share
owners of a unit shall be payable in proportion to the interest



69



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



each owner has in the unit; providing for the taxation of
such units; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Finance & Taxation.

By Representative Bell-
HB 475-A bill to be entitled An act relating to garnishment;
amending s. 77.28, Florida Statutes, increasing the amount of
the deposit for attorney's fees required to be paid into the
registry of the court by a person applying for a writ of
garnishment prior to the issuance of the writ; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Moffitt-
HB 476-A bill to be entitled An act relating to garnishment;
amending s. 77.031(1), Florida Statutes, and adding subsection
(4) thereto, requiring a verified motion or affidavit for the
procurement of a writ of garnishment before judgment; au-
thorizing such a writ only upon an order issued therefore by
certain judges; amending s. 77.07(2) and (4), Florida Stat-
utes, providing that, where a writ of garnishment is dissolved,
the action shall proceed as if no writ had been issued; pro-
viding damages and reasonable attorney's fees where a writ
of garnishment is wrongfully issued; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Cherry-
HB 477-A bill to be entitled An act relating to law enforce-
ment; creating s. 901.253, Florida Statutes, authorizing desig-
nated municipal police officers of charter counties to make
fresh pursuit of a person within certain areas outside their
jurisdiction for certain violations, to respond to certain re-
quests for assistance in other jurisdictions, and to make in-
vestigations of crimes within certain areas outside their
jurisdiction; providing procedures for such officers making
certain arrests; providing liability of the employing municipal-
ity for actions of such officers; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Hattaway--
HB 478-A bill to be entitled An act relating to mechanics'
liens; amending ss. 713.01(3), (7), (10), (12), (19), 713.02(6),
713.03(3), 713.05, 713.06(1), (2)(a), (3)(c), (d), (h), 713.08
(1)(h), (2), (4)(c), 713.13(1)(f) and (g), and adding a new
paragraph to said subsection, 713.14, 713.16(2), 713.22(1), 713.-
23, 713.29, 713.32, Florida Statutes; changing definitions; pro-
viding procedures for acquiring liens; designating who qualifies
as a lienor; providing notice requirements for perfecting liens;
providing forms for payment of bonds and notices of such
bonds; requiring notice to interested persons; extending the
effectiveness of a lien by recording a notice of lis pendens;
changing the determination of attorney's fees in legal proceed-
ings and on appeal; changing requirements of a notice of
commencement; requiring copies of contracts and statements
of account upon demand; providing liabilities and penalties;
repealing s. 627.756(1), Florida Statutes, relating to perform-
ance and payment bonds; repealing s. 713.02(7), (8), Florida
Statutes, relating to types of lienors; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representatives Hattaway, Fechtel, and Barrett--
HB 479--A bill to be entitled An act relating to circuit
courts; amending s. 26.021(18), Florida Statutes, requiring
three of the judges of the 18th circuit to reside in Seminole
County; providing an effective date.



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



By Representatives Hattaway, Neal, T. Lewis, Lockward,
Kutun, and Margolis-
HB 480-A bill to be entitled An act relating to the Work-
men's Compensation Law; amending s. 440.02(2)(d), Florida
Statutes, redefining the term "employee" for the purposes of
the Workmen's Compensation Law to exclude real estate sales-
men or agents who perform services for remuneration solely
by way of commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Poole-
HB 481-A bill to be entitled An act relating to homeowners'
corporations not for profit; providing that a corporation not
for profit, composed of homeowners and incorporated for
purposes including representation and advancement of the
welfare and interests of its members in zoning, land use, and
deed restriction matters concerning lands within its corporate
area of activity, may bring actions for declaratory or equitable
relief in zoning, land use, and deed restriction matters if some
or all of its members have been or will be directly and per-
sonally aggrieved in some manner relating to and within the
scope of the interests represented and advanced by the corpora-
tion; providing attorney fees in such deed restriction actions;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Poole--
HB 482-A bill to be entitled An act relating to insurance;
amending s. 624.602(1), Florida Statutes, to specifically include
the granting of annuity contracts within the definition of
transaction of life insurance; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Poole-
HB 483-A bill to be entitled An act relating to homestead
and exemptions; amending s. 222.14, Florida Statutes, exempt-
ing from legal process of creditors the proceeds of certain
annuity contracts; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Richmond and Culbreath-
HB 484-A bill to be entitled An act relating to water re-
sources; creating s. 373.1964, Florida Statutes, providing legis-
lative intent; providing for the creation of the Florida Water
Supply Authority; providing for the powers and duties of the
authority; directing the authority to designate and identify
areas of excess surface water supplies in the state and areas
of critical need in the state and to supply the areas of critical
need with surface water from areas of excess surface water
supplies under certain circumstances; requiring certain local
governmental units to pay for such water; requiring hearings;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Richmond--
HB 485-A bill to be entitled An act relating to the alco-
holic beverage law; amending s. 561.17(1), Florida Statutes,
requiring all applicants for alcoholic beverage licenses and
managers or persons to be in charge of the business for which
a license is to be issued, except for managers or persons in
charge of establishments operating under a vendor's license
for consumption off the premises, to file a set of fingerprints
with the Division of Beverage of the Department of Business
Regulation; requiring any person interested directly or in-
directly with the business for which the license is issued to
file such a set of fingerprints; providing exceptions: providing
an effective date.



-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.



70



April 5, 1977









April 5, 1977



By Representative Richmond-
HB 486-A bill to be entitled An act relating to elections;
amending s. 102.012(1), Florida Statutes; providing for ap-
pointment of election boards by the supervisor of elections;
providing that the election board appointed for the first pri-
mary election also serve for the second primary election; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative T. Moore-
HB 487-A bill to be entitled An act relating to sale of
aerosol sprays; prohibiting sale or offer of sale of aerosol
sprays containing certain propellants; providing a penalty;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative McKnight-
"HB 488-A bill to be entitled An act relating to maternal
and infant hygiene; amending ss. 383.19(1) and 383.21, Florida
Statutes, 1976 Supplement, providing certain procedures to be
observed by the Department of Health and Rehabilitative
Services in the allocation of funds appropriated for the neo-
natal intensive care program; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representative Fulford-
HB 489-A bill to be entitled An act relating to aquatic
plant control; providing legislative intent; amending ss. 372.932
and 372.925, Florida Statutes, and combining and renumbering
said sections as s. 370.24, Florida Statutes; providing defini-
tions; vesting the Department of Natural Resources with
certain authority with respect to nonindigenous and noxious
aquatic plant control programs; requiring a permit as a condi-
tion precedent to undertaking, or causing to be undertaken,
certain noxious and nonindigenous aquatic plant control pro-
grams; providing penalties; limiting liability of public agencies
and agents who undertake certain programs; specifying certain
duties and responsibilities of the Department of Natural Re-
sources with respect to noxious and nonindigenous aquatic plant
control programs; authorizing the Department of Natural Re-
sources to enter into certain agreements for aquatic plant
control; removing provisions authorizing the Department of
Natural Resources to delegate certain functions to the Game
and Fresh Water Fish Commission; authorizing the Depart-
ment of Natural Resources to perform certain functions with
respect to research activities; amending s. 403.271, Florida
Statutes, and renumbering said section as s. 370.25, Florida
Statutes; providing a condition precedent upon the authority
of the Department of Natural Resources to issue an aquatic
plant importation permit; providing for the conduct of certain
investigations; providing for publicizing the provisions of the
law and the expenditure of funds therefore; providing for other
matters relative to the foregoing; providing certain responsi-
bilities for the Division of Statutory Revision and Indexing of
the Joint Legislative Management Committee; providing an
effective date.
--was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Fulford--
HB 490-A bill to be entitled An act relating to the Florida
Corrections Code; amending s. 944.42, Florida Statutes, ex-
panding provisions relating to assaults by certain prisoners
to prohibit certain assaults by any person confined or in-
carcerated in any prison, jail, road camp, or other penal
institution; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Correctons, Prtions, Probation & Parole and Appropriations.

By Representatives Eckhart and Hill-



HB 491-A bill to be entitled An act relating to educational
institutions; amending s. 228.091, Florida Statutes; providing



JOURNAL OF THE HOUSE



HB 497-A bill to be entitled An act relating to sales and
use taxation; adding paragraph (1) to s. 212.08(7), Florida
Statutes, exempting from the tax the purchase of solar heating
and cooling units, insulation materials, heat reducing and re-
flective materials, and certain other items which effect a de-



OF REPRESENTATIVES 71

penalties for trespass upon the grounds of educational facili-
ties; providing for the detention of persons suspected of such
trespass; providing for arrest of such persons without warrant;
providing exemption from liability for false arrest, false im-
prisonment or unlawful detention; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representatives Dyer and Conway-
HB 492-A bill to be entitled An act relating to lighting
standards; creating Part VII of Chapter 553, Florida Statutes,
entitled the "Florida Lighting Efficiency Code"; providing
legislative purpose; providing definitions; providing that the
act applies to new public buildings for which a permit is
obtained on or after December 31, 1978; providing statewide
lighting standards; providing for inspection; providing that
the required standards are deemed to be a part of certain
county and state building codes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Cassens-
HB 493-A bill to be entitled An act relating to waiver of
sovereign immunity, amending s. 768.28(1), Florida Statutes,
providing for recovery for bodily injury rather than personal
injury; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Richard-
HB 494-A bill to be entitled An act relating to civil litiga-
tion; creating s. 57.105, Florida Statutes; providing that the
court shall award a reasonable attorney's fee to the prevailing
party in any civil action in which the court finds that there
are no genuine issues of law or material fact in dispute; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Richard-
HB 495-A bill to be entitled An act relating to public
officers and employees; creating s. 111.09, Florida Statutes;
providing that public officers or employees benefiting finan-
cially from malfeasance shall be liable for treble damages;
providing that persons participating with public officers or
employees in acts of malfeasance and benefiting financially
therefrom shall be liable for treble damages; providing that
public officers or employees, and persons participating with
public officers or employees, benefiting financially from non-
feasance or misfeasance shall be liable for actual damages plus
interest; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Standards & Conduct.

By Representative Richard-
HB 496-A bill to be entitled An act relating to parole;
amending ss. 947.13(1) and s. 947.16(2), Florida Statutes,
relating to the powers and duties of the Parole and Probation
Commission; providing that no person who has been convicted
of specified violent crimes shall be placed on parole unless the
Parole and Probation Commission finds that there is substan-
tial certainty that release will not pose a danger to others;
providing for review by the sentencing court; providing for
appellate review; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

By Representatives Bloom, Kiser, and Evans-









72 JOURNAL OF THE HOUSE

crease in the usage of electrical and other forms of generated
energy; specifying certain duties for the Florida Public Service
Commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Bloom, Kiser, and Evans-
HB 498-A bill to be entitled An act relating to corporate
income taxation; amending s. 220.12(1), Florida Statutes, pro-
viding for conformity with s. 220.145, Florida Statutes, as
created by this act; creating s. 220.145, Florida Statutes, ex-
empting from the tax income derived by a taxpayer from the
manufacture, sale, and installation of solar heating and cooling
units, insulation materials, heat reducing and reflective ma-
terials, and other items which effect a decrease in the usage of
generated energy, according to a list of such items prepared
by the Florida Public Service Commission; providing certain
limitations upon the exemption; providing procedures; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Easley-
HB 499-A bill to be entitled An act relating to regional
planning councils; adding subsection (12) to s. 160.02, Florida
Statutes, authorizing regional planning councils to act as agents
for any or all of their member governments for the purpose
of entering into contracts for public transportation facilities
and services, and for receiving and expending funds, grants,
and services from the Federal Government or its agencies with
respect to public transportation facilities and services; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative McPherson-
HB 500-A bill to be entitled An act relating to library
services; providing appropriations to the Division of Library
Services of the Department of State to be used for library
operating and construction grants; providing an effective
date.
--was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Craig-
HB 501-A bill to be entitled An act relating to tax on
sales, use and other transactions; creating s. 212.085, Florida
Statutes, authorizing refund of such taxes paid on special
fuels used for commercial fishing purposes; providing limita-
tions on such refunds; requiring permits; authorizing agents
of the Department of Revenue to enter and inspect premises
of persons entitled to refunds or of dealers in the enforcement
of the act; prescribing conditions for entitlement to such
refunds; providing procedures for receiving such refunds; au-
thorizing deduction of fee for processing claims for refunds;
requiring the Department of Revenue, dealers, and persons
entitled to refunds to maintain records; requiring such records
to be open to inspection; authorizing revocation of permit for
certain fraudulent practices; authorizing suspension of permit
for violation of the act; providing for hearings; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation and Appro-
priations.

By Representative Craig-



It



HB 502-A bill to be entitled An act relating to state lands;
adding subsection (3) to s. 259.04, Florida Statutes, requiring
the Governor and Cabinet to give preference to certain lands for
state capital projects for environmentally endangered lands;
amending s. 253.111(1), Florida Statutes, authorizing the sale
or conveyance of such lands under certain circumstances with-
out first making them available to the county in which the
lands are situated; requiring appraisals of such lands; providing
an effective date.



, OF REPRESENTATIVES April 5, 1977

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

By Representatives Craig and Evans-
HB 503-A bill to be entitled An act relating to sales and
use tax; amending s. 212.051, Florida Statutes, exempting from
the sales and use tax any facility, structure, device, fixture,
materials, equipment, or machinery used primarily for the
control or abatement of industrial or manufacturing pollutants;
requiring that expenditures for pollution control or abatement
facilities or equipment be certified as such by the Department
of Pollution Control in order to qualify for the exemption;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.

By Representative Craig-
HB 504-A bill to be entitled An act relating to local govern-
ment comprehensive planning; amending s. 163.3177(6) (g),
Florida Statutes, to require that the coastal zone protection
element of comprehensive plans include policies for the identi-
fication of areas to be limited to water-dependent uses; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representatives Craig, Warner, and T. Lewis-
HB 505-A bill to be entitled An act relating to the Florida
Public Service Commission; amending s. 350.01, Florida Stat-
utes; increasing the number of commissioners; providing for
election of commissioners from districts; providing for filling
of vacancies; providing that expenses attributable to this act
be paid from the Florida Public Service Regulatory Trust
Fund; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representative Craig-
HB 506-A bill to be entitled An act relating to the Na-
tional Guard; amending s. 250.20, Florida Statutes, providing
for the payment of maintenance allowances to National Guard
armories in an amount determined by the Adjutant General
from funds of the Department of Military Affairs; deleting
provisions which specify an amount for such allowances to be
paid to certain commanders; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Craig-
HB 507-A bill to be entitled An act relating to the Legis-
lature; amending s. 11.143, Florida Statutes, to clarify existing
language to authorize standing or select committees or sub-
committees thereof to issue subpoenas and perform certain
other functions which are necessary to conduct hearings, and
which are presently permitted to such committees; authorizing
the chairman of each such committee or subcommittee to issue
process; authorizing the chairman or any other member thereof
to administer oaths or affirmations; providing that any such
committee or subcommittee which conducts hearings to take
sworn testimony must consist of at least five members; au-
thorizing the presiding officer to direct witnesses to respond
to certain requirements upon penalty of contempt; requiring
the issuance of certain information to witnesses; authorizing
witnesses, upon timely request and upon payment therefore, to
be furnished with transcripts of proceedings; providing pro-
cedure for the issuance of civil action and legislative sub-



poenas; providing for service; providing for reimbursement of
certain expenses of witnesses; extending the prohibition against
false swearing before any standing or select committee to
false swearing before any subcommittee thereof; providing
penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Moffitt, Crawford, Lehman, and Richard-
HB 508-A bill to be entitled An act relating to sentencing;
creating s. 921.186, Florida Statutes, authorizing the court, in
sentencing a convicted felon, to specify a minimum period of
confinement before the felon becomes eligible for parole;
amending s. 947.16(1), Florida Statutes, providing for the
interview of an inmate by the Parole and Probation Commis-
sion during the 6-month period preceding the termination of
the inmate's minimum period of confinement; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Thompson-
HB 509-A bill to be entitled An act relating to the Depart-
ment of Offender Rehabilitation; amending s. 402.181, Florida
Statutes, including within the damages and expenses which
may be paid out of the State Institutions Claims Fund, certain
damages and expenses caused by escapees or inmates of state
institutions under the Department of Offender Rehabilitation;
providing the procedures for and limitations upon such claims;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Corrections, Probation & Parole and Appropriations.

By Representative Barrett-
HCR 510-A concurrent resolution directing the Speaker of
the House of Representatives and the President of the Senate
to appoint a joint committee to investigate overregulated in-
dustries.
-was read the first time by title and referred to the Com-
mittees on Tourism & Economic Development and Appropria-
tions.

By Representative Barrett-
HB 511-A bill to be entitled An act relating to private
property; creating s. 810.13, Florida Statutes, prohibiting the
posting of "no trespassing" signs on private property without
consent of the owner; providing a penalty; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Martin-
HB 512-A bill to be entitled An act relating to the Division
of Beverage of the Department of Business Regulation; pro-
viding definitions; requiring all beverage containers sold in the
state to have a refund value; requiring dealers and distributors
of beverages to accept beverage containers and to pay the
required refund; providing exceptions; requiring indications on
beverage containers of the amount of refund; providing an
exception; prohibiting sale of certain types of containers; pro-
viding for the establishment of beverage container redemption
centers; providing a fee; providing a penalty; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Martin--
HB 513-A bill to be entitled An act relating to venue;
amending s. 47.021, Florida Statutes, providing that the joinder
of certain members or employees of nonprofit associations or
corporations in a legal action shall not be deemed as the
joinder of an additional defendant for venue purposes; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Young--



"HB 514-A bill to be entitled An act relating to early re-
tirement of public employees; amending s. 121.091(3), Florida
Statutes, providing the amount to be paid as benefit to certain
special early retirees under the Florida Retirement System and



the method for funding such payments; adding subsection (17)
to s. 230.23, Florida Statutes, 1976 Supplement, providing that
district school boards may elect to provide for the early retire-
ment of instructional or administrative personnel who are at
least 55 years of age and have completed 30 years of creditable
service under the provisions of a special early retirement
program as provided by law; adding subsection (24) to s. 230.33,
Florida Statutes, 1976 Supplement, providing that, under cer-
tain circumstances, the school superintendent shall recommend
to the district school board persons who are entitled to special
early retirement; amending s. 238.07(2)(e) and (7), Florida
Statutes, 1976 Supplement, providing the amount of benefits
to be paid to special early retirees under the Teachers' Retire-
ment System of Florida; providing that district school boards
be liable for the difference between amounts actually paid to a
retiree and amounts the retiree was actually entitled to receive
at the date of special early retirement; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Adams-
RB 515-A bill to be entitled An act relating to campaign
financing; amending s. 106.011(2), Florida Statutes, reducing
the minimum amount of contributions accepted or expenditures
made by certain combinations of individuals or persons to
qualify them as being a "political committee"; amending s. 106.-
03(1) and (4), Florida Statutes, and adding a subsection, con-
forming provisions relating to the registration of political com-
mittees; prohibiting certain political committees from making
expenditures until filing their statements of organization; re-
quiring the filing officer to provide supervisors of elections
with certain information; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Adams-
HB 516-A bill to be entitled An act relating to savings
associations; amending s. 665.381(4) and (5), Florida Statutes,
restricting the interest rate on property improvement loans
and mobile home loans invested in by savings associations;
prohibiting such interest from being precomputed; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative O'Malley-
HB 517-A bill to be entitled An act relating to credit life
or disability insurance premiums; amending s. 627.684, Florida
Statutes, providing that premiums charged by lenders or cred-
itors for credit life or disability insurance when written by or
through the creditor or lender shall be included in the compu-
tation of the loan or finance charge for the purpose of all
applicable laws; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Fechtel-
HB 518-A bill to be entitled An act relating to planning
and budgeting; amending s. 216.151, Florida Statutes, to re-
quire the secretary of the Department of Administration to
analyze the financial effect on local governments as a result of
executive, legislative, or judicial action; adding subsection (3)
to s. 216.162, Florida Statutes, to require the Governor's legis-
lative budget to include recommendations for sources of funds
for local governments when executive, legislative, or judicial
actions cause revenue loss or increased expenditures to local
governments; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representatives Richard, Moffitt, Tucker, Bloom, and
Lehman-



HB 519-A bill to be entitled An act relating to handguns;
adding subsections (15) and (16) to s. 790.001, Florida Statutes,



73



April 5, 1977









74 JOURNAL OF THE HOUSE

1976 Supplement, defining "dealer" and "handgun" respectively;
creating s. 790.27, Florida Statutes, prohibiting delivery of
a handgun by a dealer to a purchaser within 72 hours of a
purchase order; requiring dealers to maintain records; prohibit-
ing a dealer from engaging in the business of selling firearms
after conviction of a violation of said section; providing pen-
alties; providing exemptions for certain sales; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Kershaw-
HB 520-A bill to be entitled An act relating to elections;
renumbering chapters 97 through 106, Florida Statutes; amend-
ing ss. 97.011 and 105.10, Florida Statutes, relating to election
code citations; amending s. 97.021(6) (d) and (18), Florida
Statutes, and adding subsections, providing definitions; amend-
ing ss. 97.102 and 104.181, Florida Statutes, relating to resi-
dency requirements for electors; amending ss. 99.121 and 102.-
151, Florida Statutes, relating to notification by supervisors
of county commissioners of persons nominated; repealing ss.
98.181, 98.141 and 98.151, Florida Statutes, which provide for
implementation of permanent registration system by 1966; re-
pealing ss. 98.381 and 104.44, Florida Statutes, which repealed
conflicting laws; repealing s. 98.411, Florida Statutes, which
provides an explanation of intent; repealing ss. 101.5601 and
101.291, Florida Statutes, which provide short titles; repealing
s. 104.28, Florida Statutes, relating to violation of candidate
expenditure provisions; repealing s. 104.46, Florida Statutes,
relating to publication of the Election Code by Department
of State; repealing ss. 104.371, Florida Statutes, 1976 Supple-
ment, and ss. 105.011 and 106.011, Florida Statutes, which pro-
vide definitions; directing the Statutory Revision and Indexing
Division of the Joint Legislative Management Committee to
make changes in terminology and statutory references in the
Florida Statutes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Hector-
HB 521-A bill to be entitled An act relating to alcoholic
beverage containers; amending ss. 565.05 and 565.10, Florida
Statutes, relating to the purchase, sale, and distribution of
distilled spirits in containers of liter measure; amending s. 563.-
06(6), Florida Statutes, relating to the size of malt beverage
containers; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representatives T. Lewis and Tucker--
HB 522-A bill to be entitled An act relating to weapons
and firearms; adding subsection (15) to s. 790.001, Florida
Statutes, 1976 Supplement, defining the term "firearm muffler"
or "firearm silencer"; creating s. 790.075, Florida Statutes,
providing that possession of mufflers or silencers for use with
a firearm is unlawful as against public policy; providing a
penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives T. Lewis and Maxwell--
HB 523-A bill to be entitled An act relating to the Florida
Highway Patrol; amending s. 943.22(2)(a)-(e), (g) and (h),
Florida Statutes, providing that Florida Highway Patrolmen
shall participate in the salary incentive program for local law
enforcement officers; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.



I1



By Representative Culbreath-
HB 524-A bill to be entitled An act relating to public fairs
and expositions; amending s. 616.13, Florida Statutes, providing
that certain types of shows operating within the same county
rather than within 1 mile of certain fairs or exhibitions and



OF REPRESENTATIVES April 5, 1977

within 30 days prior to such fairs or exhibitions are subject to
a license tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Finance & Taxation.

By Representative Culbreath-
HB 525-A bill to be entitled An act relating to ad valorem
taxation; amending s. 192.042, Florida Statutes, providing for
biennial assessment of property for purposes of ad valorem
taxation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Culbreath-
HB 526-A bill to be entitled An act relating to the Ad-
ministrative Procedure Act; adding subsection (3) to s. 120.63,
Florida Statutes, 1976 Supplement, exempting the Division of
Pari-mutuel Wagering of the Department of Business Regula-
tion from certain notice requirements for certain hearings in-
volving stewards, judges, and boards of judges; providing an
effective date.
-was read the first time by title and referred to the Com.
mittees on Governmental Operations and Appropriations.

By Representative Culbreath-
HCR 527-A concurrent resolution providing for the creation
of a Joint Religious Cult Study Committee for the purpose of
studying problems caused by religious cults in the State of
Florida.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative James-
HB 528-A bill to be entitled An act relating to larceny;
adding a new paragraph to s. 812.021(2), Florida Statutes, to
provide that taking money, or any other thing, of the value of
$5 or more from the person of another is grand larceny; pro-
viding an effective date.
--was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative James-
HB 529-A bill to be entitled An act relating to the county
road system; amending s. 336.59(2), Florida Statutes, 1976
Supplement; providing the time that each county shall distrib-
ute road and bridge taxes to municipalities; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representatives Hutto and Tucker-
HB 530-A bill to be entitled An act relating to state gov-
ernment; defining "agency"; prohibiting the institution of an
action by an agency against another agency; providing an
exception; providing for the disposition of interagency disputes;
providing that this act be liberally construed and that it shall
supersede all inconsistent laws; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Hutto-



HB 531-A bill to be entitled An act relating to death
registration; amending s. 382.081(3), Florida Statutes, requiring
that medical certification be completed within 24 hours after
death; allowing physician last in attendance to make such
certification; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.












By Representative Hutto-
HB 532-A bill to be entitled An act relating to judicial
treatment of juveniles; amending s. 39.11(2)(f), Florida Stat-
utes; providing that an adjudicated delinquent child ordered
to work in a specified state, county, or municipally supervised
work program is not an employee of the state, county or mu-
nicipality, nor is the child within the Workmen's Compensation
Law; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Hutto-
HB 533-A bill to be entitled An act relating to the payment
of governmental charges by check; creating s. 832.08, Florida
Statutes, prohibiting state, county, or municipal governmental
entities from refusing to allow citizens to pay governmental
charges by check, draft, or other order; providing an exception;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Young-
HB 534-A bill to be entitled An act relating to public build-
ings; amending s. 255.254, Florida Statutes, requiring approval
of the Governor and Cabinet prior to construction of certain
state buildings the design of which utilizes an energy system
other than a solar energy system under certain circumstances;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operions and Appropriations.

By Representative Davis-
HB 535-A bill to be entitled An act relating to the Depart-
ment of Insurance; amending s. 20.13(1), Florida Statutes, 1976
Supplement, providing that the head of the department shall
be an appointed secretary instead of the Treasurer; repealing
s. 20.13(2), Florida Statutes, removing obsolete language; di-
recting that changes in terminology in the Florida Statutes be
made; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Governmental Operations,

By Representative Richard-
HB 536-A bill to be entitled An act relating to the Depart-
ment of Legal Affairs; amending s. 20.11(3), Florida Statutes,
and adding a subsection; transferring attorneys employed as
legal counsel by state agencies in the executive branch to the
Department of Legal Affairs; permitting the Governor and
each department to employ one attorney each to advise them;
prohibiting other state agencies from employing legal counsel;
providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Hazouri--
HB 537-A bill to be entitled An act relating to jurors and
jury lists; amending s. 40.01(1), Florida Statutes; eliminating
the requirement that jurors be qualified electors and requiring
a common data base list to be used for the selection of jurors;
creating s. 40.011, Florida Statutes, requiring the Department
of Highway Safety and Motor Vehicles to furnish a common
data base list to the clerk of the circuit court and providing
for affidavits for application for jury duty.for those citizens
whose names do not appear on the list; creating ss. 40.022 and
40.023, Florida Statutes, requiring the clerk of the circuit court
to purge the jury lists once a month of convicted felons and
mentally incompetent persons; repealing s. 40.01(3), Florida
Statutes, relating to the qualifications of jurors; providing an
effective date.



75



By Representative Conway-
HB 538-A bill to be entitled An act relating to plea agree-
ments; providing public policy; providing procedures to be used
in plea discussions, plea agreements, and the decision of the
trial judge to accept or refuse plea agreements; prohibiting
plea discussions or the acceptance of plea agreements with
respect to certain defendants; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By the Committee on Community Affairs-
HB 539-A bill to be entitled An act relating to local gov-
ernment formation; amending s. 165.021, Florida Statutes, re-
lating to the encouragement of citizen involvement in local
government formation; amending s. 165.041, Florida Statutes,
providing procedures for municipal incorporation; creating
ss. 165.042 and 165.043, Florida Statutes, providing for pro-
cedures for merger and creation of local units of government;
amending s. 165.071(1), Florida Statutes, providing for assump-
tion of debt; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Burrall, Danson, and Mann-
HB 540-A bill to be entitled An act relating to Charlotte
County; amending section 4 (b) (1) of chapter 69-931, Laws of
Florida, as amended, relating to Harbour Heights Fire Control
District and reintroducing HB3281 (Chapter 76-345); changing
the rate of assessments on residential dwellings or homes; pro-
viding for a referendum; providing an effective date.
Proof of publication of the required notice was attached.
--was read the first time by title and referred to the Com-
mittees on Community Affairs and Finance & Taxation.

By Representatives Burrall, Danson, and Mann-
HB 541-A bill to be entitled An act relating to the Port
Charlotte-Charlotte Harbor Fire Control District, Charlotte
County; amending section 4 of chapter 65-1355, Laws of Florida,
as amended, changing the method and rate of taxation of the
Port Charlotte-Charlotte Harbor Fire Control District; estab-
lishing a maximum village upon the assessed value of real
estate within the district; providing for a referendum; pro-
viding an effective date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Finance & Taxation.

By Representatives Burrall, Danson, and Ewing---
HB 542-A bill to be entitled An act relating to Charlotte
County; amending section 1 of chapter 76-343, Laws of Florida,
prohibiting any person from using more than one trawl net,
regardless of size, for the taking of shrimp in certain Charlotte
County waters; providing a penalty; providing an effective
date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representatives Burrall and Patchett-
HB 543-A bill to be entitled An act for the relief of Janice
G. Fels of Avon Park, Highlands County; providing an appro-
priation to compensate her for loss sustained resulting from
the theft of her automobile from the Florida School for Boys
at Okeechobee and the subsequent damaging of the automobile
by inmates at the school, which occurrence was the result of
inadequate security surveillance on state property; providing an
effective date.



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



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



April 5, 1977



JOURNAL OF THE HOUSE OF REPRESENTATIVES









76 JOURNAL OF THE HOUSE

By Representatives Patchett and Fontana--
HB 544-A bill to be entitled An act relating to jurors;
amending s. 40.07(2), Florida Statutes, disqualifying municipal
police officers from jury duty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Richmond and Easley-
HB 545-A bill to be entitled An act relating to state at-
torneys; amending s. 27.34(1), Florida Statutes; providing that
a county or municipality may appropriate funds to pay the
salary of one assistant state attorney who shall solely prose-
cute violations of ordinances or special laws; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Adams and Warner-
HM 546-A memorial to the Congress of the United States,
urging the creation of a national consumer advocacy agency.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representatives Adams, Warner, and Becker-
HB 547-A bill to be entitled An act relating to consumer
services; amending s. 20.18(2), Florida Statutes, creating the
Division of Consumer Advocacy within the Department of Com-
munity Affairs; creating s. 501.31, Florida Statutes, providing
powers and duties of the division; amending and renumbering
s. 501.131, Florida Statutes, requiring consumer protection or-
ganizations to register with the division; providing for fees;
specifying initial studies to be carried out by the division;
requiring reports to the Legislature; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Judiciary, Finance & Taxation, and Appropriations.

By Representatives Adams and Warner-
HB 548-A bill to be entitled An act relating to campaign
financing; amending ss. 106.11 and 106.14(1) and (2), Florida
Statutes; requiring certain information to be required on cam-
paign checks; changing the reference of authorization voucher
and voucher to campaign check; stating that campaign deposi-
tories may print or order campaign checks in a form approved
by the Division of Elections; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Dyer-
HB 549-A bill to be entitled An act relating to the disposi-
tion of unclaimed property; amending ss. 717.02(1) and (3),
717.03, 717.04(1)(b) and (2) (b), 717.05, 717.06, 717.08 and 717.09,
Florida Statutes, lowering from 15 to 7 years the period of time
for which certain property is deemed abandoned; amending s.
717.07, Florida Statutes, adding credit unions and other financial
organizations to a list of organizations whose intangible per-
sonal property must be held for 7 years upon voluntary or
involuntary dissolution; amending s. 717.10, Florida Statutes,
providing for the disposition of unpaid and unclaimed salary,
wages, or other compensation; amending s. 717.13(1) and (4),
Florida Statutes, relating to notices and reports on abandoned
property; amending s. 717.131, Florida Statutes, providing for
administrative declaration of abandoned property; amending
s. 717.14, Florida Statutes, relating to the payment or delivery
of abandoned property; amending s. 717.15, Florida Statutes,
requiring persons who hold certain property to deliver a dupli-
cate certificate of ownership to the Department of Banking
and Finance and providing for the effect of such delivery;
amending s. 717.16, Florida Statutes, providing for the disposi-



tion of income accruing after payment or delivery of aban-
doned property to the department; amending s. 717.18(1) and
(3), Florida Statutes, and adding subsections (4) and (5) there-
to, requiring the sale of stocks and bonds by the department
within 1 year from the delivery of such stocks and bonds as
abandoned property; providing for the issuance of title to prop-



I



K OF REPRESENTATIVES April 5, 1977

erty sold by the department; providing for the disposition of
property which has no apparent value; exempting the depart-
ment from liability for losses on sales or disposition of aban-
doned property; amending s. 717.19, Florida Statutes, increasing
to $150,000 the separate account maintained by the Depart-
ment of Banking and Finance for the payment of claims duly
allowed and for expenses incurred by the department in admin-
istering this chapter; amending s. 717.195, Florida Statutes,
providing an annual transferal from the regulatory trust fund
to the Division of Finance of the Department of Banking and
Finance for the costs of administering chapter 717; amending
s. 717.22, Florida Statutes, providing for the administrative
rather than judicial review of decisions made by the depart-
ment; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary, Finance & Taxation, and Appropriations.

By Representative Gustafson-
HB 550-A bill to be entitled An act relating to public em-
ployee labor organizations; amending s. 447.303, Florida Stat-
utes, relating to payroll deduction of employee organization
dues and uniform assessments by public employers; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Retirement, Personnel & Collective Bargaining.

By Representative Fox-
HB 551-A bill to be entitled An act relating to property
taxation; amending s. 196.081, Florida Statutes, 1976 Supple-
ment, and s. 196.091, Florida Statutes, relating to the exemp-
tion of the homestead of certain disabled veterans and disabled
veterans confined to wheelchairs, to provide that the exemption
shall be available to both ex-servicemen and ex-servicewomen
or the surviving spouse of either; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Finance & Taxation.

By Representatives Fox and Davis-
HB 552-A bill to be entitled An act relating to the dissolu-
tion of marriage; amending s. 61.08, Florida Statutes, speci-
fying certain factors which the court must consider in deter-
mining a proper award of alimony; providing an effective date.
-was read the first time by title and referred to the Com.
mittee on Judiciary.

By Representative Barrett--
HB 553-A bill to be entitled An act relating to public
schools; amending s. 233.064(2), Florida Statutes, providing
that the course "Americanism versus Communism" be an elective
rather than a required public high school course; creating s.
233.0645, Florida Statutes, requiring public high schools to
teach a required course entitled "American Democracy"; requir-
ing the Department of Education and the State Textbook Coun-
cil to develop the course and materials for the course; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Richard-
HB 554-A bill to be entitled An act relating to fictitious
names; amending s. 865.09, Florida Statutes, requiring adver-
tisement and registration by persons doing business in fictitious
names; providing for indexing of fictitious names by clerks of
the circuit courts; providing for a service charge; providing
that persons not complying shall have consented to be sued and
served with process in their fictitious names; providing for
service of process upon a business agent at the principal place



of business in the case of a person not in compliance; providing
for periodic renewal of registration; providing for notification
prior to expiration of registration; providing for removal of
names from index after expiration; providing for application
of certain judgments; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Judiciary.











By Representatives McKnight, Gersten, Sadowski, Gordon,
Black, Kutun, Richard, Steinberg, Fox, Margolis, Becker, Fon-
tana, Kershaw, Allen, Cherry, Gallagher, Hector, Papy, and
Lockward-
HB 555-A bill to be entitled An act relating to the quality
of drinking water; providing an appropriation to Florida In-
ternational University to establish a Drinking Water Quality
Research Center and Consortium for the development of neces-
sary hardware, techniques, and training to provide quality
drinking water to the residents of Florida; providing an effec-
tive date.
--was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Gustafson-
HJR 556-A joint resolution of apportionment; providing
for the apportionment of the Senate of the Florida Legislature
into 20 dual member districts; providing for the representation
of and election from such districts; providing for such appor-
tionment upon the existence of 20 Congressional districts; pro-
viding for the apportionment of the House of Representatives
of the Florida Legislature, to be composed of not more than
100 members; providing that each dual member Senate district
shall contain five House districts; declaring the state policy
followed by the Legislature in such apportionment; providing an
effective date.
--was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Hill, O'Malley, Fox, Patterson, and Mof-
fitt-
HB 557-A bill to be entitled An act relating to disability
insurance; creating ss. 627.6057 and 627.6617, Florida Stat-
utes, providing definitions; providing, with respect to indi-
vidual or group hospital or medical expense policies or hospital
or medical service plan contracts delivered, issued, or renewed
in this state on or after July 1, 1977, that coverage for reim-
bursement for home health care costs must be provided; placing
certain conditions upon reimbursement; authorizing limitations
on the number of home visits for which benefits are payable;
providing a deductible; providing an exception; providing for
payment of benefits where coverage exists under more than
one policy or contract; authorizing certain additional home
health care coverage; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Richmond-
HB 558-A bill to be entitled An act relating to jurors;
amending s. 40.27, Florida Statutes; providing a $50 fine for
each failure of a duly summoned juror to appear without
sufficient excuse; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Richard and Healey--
HB 559-A bill to be entitled An act relating to registration
of electors; amending s. 97.063, Florida Statutes, providing for
registration of electors by mail; providing application pro-
cedures for such registration; providing grounds for denial;
providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Gustafson--
HJR 560-A joint resolution proposing an amendment to
Section 16 of Article III of the State Constitution relating to
legislative apportionment.



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



77



By Representatives Adams, Becker, Kutun, T. Moore, O'Mal-
ley, Warner, Cox, Margolis, Boyd, Young, Gustafson, Lehman,
and Dyer-
HB 561-A bill to be entitled An act relating to escalation
clauses in leases for recreational facilities, land, or other com-
monly used facilities serving condominiums and cooperatives;
amending ss. 718.401(8) and 719.401(8), Florida Statutes, 1976
Supplement, to provide that said subsections, which make cer-
tain of such clauses void, apply to existing contractual rela-
tionships even though such relationships were created prior to
the effective date of said subsections; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Kiser, Langley, Steinberg, McDonald,
Lehman, and Considine-
HB 562-A bill to be entitled An act relating to the Florida
Mobile Home Landlord and Tenant Act; amending s. 83.752(3),
Florida Statutes, 1976 Supplement; redefining "mobile home
park"; amending s. 83.759(1)(c), Florida Statutes, 1976 Sup-
plement; deleting provision that a mobile home park rule is
presumed reasonable under certain circumstances; amending
s. 83.760(2), (3), (6), Florida Statutes, 1976 Supplement; pro-
viding for leases offered by a mobile home park owner to be
for a 1-year term or more, unless otherwise agreed; requiring
all leases offered within the same park to be upon the same
terms and conditions; prohibiting escalation clauses and rental
increase clauses except in original leases of 1 year or less;
authorizing voluntary rental increases, and increases when jus-
tified and with sufficient cause; providing for notification prior
to the increase; providing for passing on of costs from the
mobile home park owner to the mobile home owner when
justified and with sufficient cause; exempting park which con-
tains less than five mobile home lots; amending s. 83.765(1),
Florida Statutes; prohibiting a mobile home park rule that pro-
hibits the mobile home owner from placing a "for sale" sign
on or in his mobile home; creating s. 83.766, Florida Statutes;
prohibiting retaliatory conduct by the mobile home park owner
for certain activities of a mobile home owner; specifying cer-
tain conduct to be prima facie evidence of retaliation; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives James, Rish, Blackburn, Hazelton, Hagler,
Robinson, Malloy, Young, Maxwell, Easley, Pajcic, Ward,
Sheldon, Langley, Hodges, Richmond, Martin, Williams, Cren-
shaw, Davis, Warner, Healey, Forbes, O'Malley, Smith, Grizzle,
Hutto, and Girardeau-
HB 563-A bill to be entitled An act relating to retirement;
providing for an increase in benefit payments for certain re-
tired members of state-supported retirement systems, for cer-
tain members of such systems who will retire between June 30,
1977, and July 1, 1978, for the surviving spouse or beneficiary
of any person who qualifies for such an increase, and for cer-
tain persons who retired as permanently and totally disabled
members of any state-supported retirement system; providing
a definition; providing an appropriation; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representatives McDonald, Danson, Burrall, Evans, Max-
well, Mica, Sample, Woodruff, Neal, and Becker-
HB 564-A bill to be entitled An act relating to the tax on
the severance of minerals amending s. 211.31(1), Florida Stat-
utes, and adding a subsection, changing the excise tax on the
commercial severance of phosphate rock; providing for the dis-
tribution of such tax; amending s. 211.32(1), Florida Statutes,
providing that the ad valorem tax credit against the excise tax
on the severance of solid minerals is not allowable upon the
tax on the severance of phosphate rock; amending s. 211.33(2),
Florida Statutes, and adding a subsection, providing for the
quarterly payment of the tax on the severance of phosphate
rock; providing an effective date.



-was read the first time by title and referred to the Com-
mittees on Natural Resources, Finance & Taxation, and Appro-
priations.



April 5, 1977



JOURNAL OF THE HOUSE OF REPRESENTATIVES









78 JOURNAL OF THE HOUSE]

By Representatives Smith, Tucker, Richard, Hill, Hazelton,
Morgan, Bloom, Lehman, Bell, Neal, Hawkins, O'Malley, Burrall,
McPherson, Fox, J. W. Lewis, Fontana, Eckhart, Margolis, and
Warner-
HB 565-A bill to be entitled An act relating to assistance
for the victims of crime; creating chapter 897, Florida Stat-
utes, providing for a program to assist victims of crime; pro-
viding legislative intent; providing definitions; providing for
eligibilityL creating the Florida Crimes Compensation Com-
mission; providing for powers and duties; providing for the
filing and determination of claims; providing for judicial re-
view; providing for emergency awards; providing limitations;
providing for manner of payment; providing for limited con-
fidentiality of records; providing for subrogation; providing
for debts due to the state; providing a penalty for fraud; pro-
viding for additional costs; establishing the Crimes Compen-
sation Trust Fund; authorizing application for federal funds;
requiring notice of the provisions of this act; providing for
duties of the Department of Health and Rehabilitative Serv-
ices; providing severability; amending s. 20.19(3)(c), Florida
Statutes, 1976 Supplement, establishing the Crime Victims
Program Office; amending ss. 142.01 and 142.03, Florida Stat-
utes, providing an exception for inclusion in the fine and for-
feiture fund; adding subsection (3) to s. 775.083, Florida Stat-
utes, to provide for fines for crimes compensation; amending
s. 947.18, Florida Statutes, authorizing the Parole and Pro-
bation Commission to require restitution of the debt due and
owing to the state as a condition of parole; adding paragraph
(i) to s. 948.03(1), Florida Statutes, authorizing the court to
require restitution of the debt due and owing to the state as
a condition of probation; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice, Finance & Taxation, and Appro-
priations.

By Representatives Smith and Lehman-
HB 566-A bill to be entitled An act relating to disabled
persons; amending s. 316.1964, Florida Statutes, as transferred
from s. 316.163, Florida Statutes, by chapter 76-31, Laws of
Florida; defining a disabled person; providing qualifications
for application for identification; providing that no fee for
parking on public streets or highways or in any metered park-
ing space shall be exacted from any person parking a vehicle
for the purpose of loading or unloading a disabled person;
providing that no penalty for overtime parking shall be im-
posed upon any person parking for the purpose of loading or
unloading a disabled person; authorizing the use of certain desig-
nated parking spaces and loading zones for the purpose of
loading or unloading disabled persons; providing for the display
of an identifying sticker; providing a penalty; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representatives Smith, O'Malley, Young, Lehman, and
Becker-
HM 567-A memorial to the Congress of the United States,
urging Congress to adopt legislation relating to the compensa-
tion of victims of crime.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representatives Hodes and Morgan--
HB 568-A bill to be entitled An act relating to the State
University System; amending s. 239.665, Florida Statutes, re-
moving certain restrictions on the use of credit cards; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Barrett--



HB 569-A bill to be entitled An act relating to arrests;
amending s. 901.25, Florida Statutes; authorizing sheriffs and
deputy sheriffs, as well as municipal police officers, to make
fresh pursuit of a person within certain areas outside their
jurisdiction for certain violations; authorizing such law en-



E



HB 575-A bill to be entitled An act relating to the Bev-
erage Law; adding subsection (12) to s. 561.01, Florida Stat-
utes, defining the term "transfer"; amending s. 561.32, Florida
Statutes, 1976 Supplement, providing that the transfer fee for
transfers of liquor "quota" licenses shall be equal to the annual



OF REPRESENTATIVES April 5, 1977

forcement officers to make lawful arrests anywhere in the
state under certain conditions; permitting such law enforce-
ment officers to respond to certain requests for assistance in
certain other jurisdictions; providing procedures following ar-
rest of a person in another jurisdiction when not in fresh pur-
suit; providing liability of the employing municipality or county
for actions of such officers in the scope of their employment;
providing for applicability to certain charter counties; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Richmond-
HB 570-A bill to be entitled An act relating to the onjudi-
cial sale of boats or vessels; creating s. 371.84, Florida Statutes,
authorizing the sale of certain boats or vessels, which are in
high and dry storage, at a nonjudicial sale by marinas under
certain circumstances; providing notice; providing for the dis-
position of the proceeds of such a sale; directing the Depart-
ment of Natural Resources to provide certification forms for
such sales and to transfer title; providing that such sales are
subject to prior perfected liens; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representatives Morgan, Bloom, Thompson, T. Lewis,
Neal, Robinson, Fortune, Williams, Steinberg, Gordon, Tucker,
and Hattaway-
HB 571-A bill to be entitled An act relating to private prop-
erty rights; providing intent and definitions; providing proce-
dures for landowners to challenge the validity of land use re-
strictions; providing for relief when the restriction is deter-
mined to be valid but the landowner is found to have assumed
an inordinate burden; providing for determination of compen-
sation; providing for court costs and attorney's fees; limiting
certain restrictions to a reasonable length of time and providing
for determination thereof; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

HB 572-Withdrawn

By Representative Andrews-
HB 573-A bill to be entitled An act for the relief of Tam
Cato, a former employee of the Department of Transportation;
providing an appropriation to compensate him for a permanent
disability following an accident during his employment with
the department; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Sample-
HB 574-A bill to be entitled An act relating to govern-
mental reorganization; creating s. 20.36, Florida Statutes; cre-
ating a Department of Veterans' Affairs; transferring the Di-
vision of Veterans' Affairs of the Department of Community
Affairs to said department; providing powers and duties of
the department; directing that conforming editorial changes be
made in the Florida Statutes; repealing s. 20.18(2) (c) and
(13), Florida Statutes, 1975, to conform to this act; providing
that any costs occasioned by the operations of the act shall be
paid from the existing budget of the Division of Veterans' Af-
fairs; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Appropriations.

By Representative Craig--









JOURNAL OF THE HOUSE OF REPRESENTATIVES



license tax rather than 10 percent of said tax; providing excep-
tions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representative Conway-
HB 576-A bill to be entitled An act relating to planning and
budgeting; amending s. 215.32(2)(c), Florida Statutes; author-
izing the Administrative Commission to transfer Working Capi-
tal Funds to General Revenue Fund upon revenue shortage in
lieu of reducing operating budgets; amending s. 216.011(1) (a),
(g), Florida Statutes; redefining "legislative budget" and "fiscal
year of the state"; amending s. 216.162(1), Florida Statutes;
requiring the Governor to furnish the recommended budget to
the Legislature 60 days prior to the session; creating s. 216.175,
Florida Statutes; providing a method by which the Legislature
shall indicate an intended appropriation of amounts of money
for future years; providing for a transitional budget to new
fiscal year of the state; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations, Finance & Taxation, and
Appropriations.

By Representatives Hodges and Nuckolls-
HB 577-A bill to be entitled An act relating to purchasing;
creating s. 287.095, Florida Statutes, prohibiting the purchase
by public agencies of fresh or frozen imported beef for certain
purposes; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropria-
tions.

By Representative Dyer-
HB 578-A bill to be entitled An act relating to the Depart-
ment of General Services; amending s. 287.032, Florida Statutes,
1976 Supplement, extending the purpose of the Division of Pur-
chasing to include conservation of energy; creating s. 287.083,
Florida Statutes, relating to the purchasing of commodities by
the Division of Purchasing, to provide for life cycle cost an-
alysis; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Hazelton-
HB 579-A bill to be entitled An act relating to ad valorem
tax exemption; amending s. 196.012(5), Florida Statutes, 1976
Supplement, redefining the term "governmental purpose" with
respect to ad valorem tax exemptions; amending s. 196.199(2)
and (4), Florida Statutes, 1976 Supplement, eliminating the
current ad valorem tax exemption granted to certain nongov-
ernmental lessees of governmental property; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Hazelton-
HB 580-A bill to be entitled An act relating to state uni-
form traffic control; amending s. 316.111(15), Florida Statutes,
1976 Supplement; requiring all mopeds to be equipped with at
least one headlamp which meets requirements established by the
Department of Highway Safety and Motor Vehicles; prohibiting
operation of any moped on a public street or highway unless the
headlamp or headlamps are turned on; providing an effective
date.
--was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives Hagler, Ward, and Robinson--



HB 581-A bill to be entitled An act relating to the docu-
mentary excise tax; amending s. 201.09, Florida Statutes, ex-
empting certain student loans from the documentary excise
tax; repealing s. 201.10, Florida Statutes, relating to the ex-



emption from the documentary excise tax for certificates of de-
posit issued by banks, banking associations, or trust companies
and transferring the exemptions to s. 210.09, Florida Statutes;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education, Finance & Taxation, and Appropriations.

By Representatives Hagler and Ward-
HB 582-A bill to be entitled An act relating to education;
adding paragraph (j) to s. 230.754(2), Florida Statutes, and
amending s. 240.045, Florida Statutes; providing for uniform
codes of penalties for violation of rules of community colleges
and universities; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Hagler-
HB 583-A bill to be entitled An act relating to motor ve-
hicle licenses; amending s. 320.06(2), Florida Statutes; elimi-
nating certain fees and refunds and simplifying procedure with
respect to license plate transfers in the disposition of certain
classes of automobiles and trucks; eliminating certain transfer
fees with respect to the surviving spouse of a deceased regis-
tered motor vehicle owner; amending s. 320.08(2) and (3),
Florida Statutes, 1976 Supplement, altering the license fee
structure with respect to automobiles for private use and cer-
tain trucks; amending s. 320.0805, Florida Statutes, eliminating
transfer fees and refunds with respect to certain automobiles
for private use which have personalized prestige license tags;
requiring payment of the registration license tax when the re-
placement vehicle to which the personalized prestige license
plate is to be transferred is of a different weight classification;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Mann-
HB 584-A bill to be entitled An act relating to sovereign
immunity; repealing ss. 768.28 and 768.30, Florida Statutes, as
amended, to remove provisions which provide a waiver of sov-
ereign immunity for liability for torts; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Mann-
HB 585-A bill to be entitled An act relating to motor ve-
hicle license plates; adding a new subsection (9) to s. 320.0805,
Florida Statutes, providing that certain license plates issued to
members of the United States Congress or members of the
State Legislature shall be issued as personalized prestige license
plates at the same fee as personalized prestige license plates;
repealing s. 320.72(5) and (6), Florida Statutes, relating to
specially selected license plate numbers issued to members of
the United States Congress or members of the State Legisla-
ture; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropri-
ations.

By Representative Nuckolls-
HB 586-A bill to be entitled An act relating to parks and
recreation; amending s. 125.01(1)(f), Florida Statutes, and
adding subsection (3) to s. 592.072, Florida Statutes, exempting
every resident veteran who was honorably discharged with at
least a 50 percent service-connected disability from the re-
quirement of paying an admission fee for entry into any state
or county park; providing an effective date,
--was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Finance & Taxation.

By Representative Davis-



HB 587-A bill to be entitled An act relating to the Depart-
ment of Banking and Finance; amending s. 20.12, Florida Stat-



April 5, 1977



79









JOURNAL OF THE HOUSE OF REPRESENTATIVES



utes, renaming the department as the Department of Banking;
changing the head of the department from the comptroller to
an appointed secretary of banking; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Hawkins-
HB 588-A bill to be entitled An act relating to the construc-
tion industry; amending s. 468.105(1) (a), Florida Statutes, and
amending s. 468.106(3), Florida Statutes, and adding a new
subsection (5), requiring applicants for registration or certifi-
cation by the Florida Construction Industry Licensing Board
to furnish payment bonds against certain claims; repealing
ss. 713.02(6) and 713.23, Florida Statutes, relating to payment
bonds furnished by contractors and liens; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Hawkins-
HB 589--A bill to be entitled An act relating to liens; creat-
ing s. 713.231, Florida Statutes, requiring contracts between
owners and contractors to disclose certain information relating
to payment bonds and liens; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Richard-
HB 590-A bill to be entitled An act relating to communica-
tions fraud; creating s. 817.025, Florida Statutes; providing
that it shall be a felony of the third degree for any person to
use the United States mail or any wire, radio, or television
communication for the purpose of executing a fraud, or to use
any fictitious name or address for the purpose of committing
an unlawful act by means of the United States Postal Service;
providing an effective date.
-was read the first time by title and referred to the Comb
mittees on Criminal Justice and Appropriations.

HB 591-Withdrawn

By the Committee on Tourism & Economic Development-
HB 592-A bill to be entitled An act relating to the Depart-
ment of Commerce, creating s. 288.075, Florida Statutes, mak-
ing confidential and privileged those records of the Division of
Economic Development which contain or would provide informa-
tion concerning the plans, intentions, or interests of any private
corporation, partnership, or person to locate, relocate, or expand
its manufacturing or other business activities in Florida; pro-
viding a penalty; amending s. 119.07(2) (b), Florida Statutes,
relating to public records, to conform to this act; providing an
effective date.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Tourism & Economic Development and
Representative Robinson--
HB 593-A bill to be entitled An act relating to sales, stor-
age, and use tax; amending s. 212.02(3)(c):, Florida Statutes,
1976 Supplement, and s. 212.08(4), Florida Statutes, to exempt
from taxation fuel and energy used in manufacturing or proces-
sing goods for sale or resale; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Tourism & Economic Development and
Representative Robinson-
HB 594-A bill to be entitled An act relating to sales and



use tax; amending s. 212.051, Florida Statutes; exempting from
the sales and use tax expenditures for any device, systems,
equipment, or machinery used primarily for the control or abate-
ment of pollutants from stationary sources; requiring that such



expenditures be certified by the Department of Environmental
Regulation in order to qualify for the exemption; exempting from
the sales and use tax that portion of the price of a motor ve-
hicle attributable to federally required pollution control devices,
in amounts certified by the Department of Revenue; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation, and Appropriations.

By Representative Lehman-
HB 595-A bill to be entitled An act relating to life and dis-
ability insurance; requiring the Department of Insurance to
authorize the issuance and renewal of life insurance and dis-
ability insurance policies at reduced premiums for individuals
who pass rigorous annual physical examinations; providing
for approval of policy forms by the department; authorizing the
department to prescribe standards for such physical examina-
tions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

HB 596-Withdrawn

By Representative Gordon-
HB 597-A bill to be entitled An act relating to medical
assistance for the needy; amending s. 409.266, Florida Stat-
utes; conforming the statute to the reorganization of the De-
partment of Health and Rehabilitative Services; authorizing the
department to contract with certified health maintenance or-
ganizations for provision of medical services; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representatives Gordon, Fontana, Hill, Fox, Margolis, and
Black-
HB 598-A bill to be entitled An act relating to voting;
amending s. 101.051(1), Florida Statutes, deleting a restriction
upon persons who may assist certain electors in voting; cor-
recting an erroneous cross reference; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representatives Gordon, Culbreath, Nuckolls, Smith, Fos-
ter, Hodges, and Ready-
HB 599-A bill to be entitled An act relating to chiroprac-
tors; amending s. 395.105, Florida Statutes, requiring hospitals
licensed pursuant to chapter 395, Florida Statutes, to provide
to licensed chiropractors certain access to facilities, records, and
data; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative McDonaId-
HB 600-A bill to be entitled An act relating to criminal law;
amending s. 806.01, Florida Statutes; making it a felony of the
first degree for any person to willfully and maliciously, by
fire or explosive, damage any dwelling house or any hospital,
nursing home, jail, prison facility, or institution in which per-
sons are confined by court order; making it a felony of the
second degree for any person to willfully and maliciously set
fire to or distribute flammable, explosive, or combustible ma-
terial within or adjacent to any hospital, nursing home, jail,
prison facility, or institution in which persons are confined by
court order; making it a felony of the third degree for any
person to willfully and maliciously set fire to or distribute
flammable, explosive, or combustible material within or adja-
cent to any structure with intent to damage such structure or
to willfully and maliciously set fire to any tree, grass, or other
vegetation; providing penalties; defining the term "damage";



amending s. 806.111, Florida Statutes; making it a felony of the
third degree for any person to possess, manufacture, or dispose
of any firebomb or incendiary device with intent that the same
be willfully and maliciously used to set fire to or burn any



80



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



structure or property; providing that the possession, manufac-
ture, or disposal of any firebomb or incendiary device be prima
facie evidence that the person possessing, manufacturing, or
disposing of the same intends that it be willfully and maliciously
used to set fire to or burn any structure or property; rede-
fining the term "firebomb"; defining the terms "incendiary
device" and "structure"; providing penalties; providing excep-
tions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By the Committee on Transportation-
HB 601-A bill to be entitled An act relating to motor ve-
hicle licenses; amending s. 320.01(26), Florida Statutes, 1976
Supplement, redefining "registration period"; adding subsection
(3) to s. 320.02, Florida Statutes, requiring notification of the
Department of Highway Safety and Motor Vehicles as to any
change of address within 10 days; amending s. 320.06(1) (b), (c),
(d), and (e), (4), (5) (a), and (8), Florida Statutes, providing
that license plates shall be issued for an indefinite period; de-
leting the provision that county identification stickers be issued;
requiring that stickers reflecting the owner's year of examina-
tion and month of expiration be issued; changing the registra-
tion schedule for certain applicants; specifying a certain time
for expiration of the registration period; providing for certain
imprinting of license plates; authorizing the department to
require replacement of all license plates upon giving 6 months'
public notice; providing for the replacement at no charge of
license plates deemed illegible; amending s. 320.071, Florida
Statutes, reducing the duration of revalidation period for ad-
vance registration of motor vehicles under certain circum-
stances; deleting the service charge for advance registration
renewal; deleting provisions relating to deposit of advance
registration payments in a special trust account; amending
s. 320.72, Florida Statutes, deleting provisions relating to cer-
tain specially selected license plate numbers; amending s. 320.-
131(1), Florida Statutes, extending, in certain cases, the period
during which temporary tags are valid; adding subsection (8)
to s. 325.19, Florida Statutes, requiring inspection of license
plates and validation stickers; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Danson and Burrall-
HB 602-A bill to be entitled An act relating to alcoholic
beverages; creating s. 562.145, Florida Statutes, permitting any
person to possess any alcoholic beverage which the person has
brought into the state from outside the United States for his
personal use and upon which the state excise tax has not been
paid by a manufacturer, distributor, or vendor; requiring the
possessor to pay an excise tax on the total amount of such
beverages possessed each year; providing a tax rate; requiring
the Department of Business Regulation to collect the tax Im-
posed by this act; providing for the burden of proof regarding
purchase outside the United States; amending ss. 562.15 and
562.16, Florida Statutes, limiting certain exceptions to the pro-
visions relating to the unlawful possession of alcoholic bever-
ages upon which the excise tax has not been paid; providing
an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative T. Moore-
HB 603-A bill to be entitled An act relating to legislative
organization and procedure; adding subsection (6) to s. 11.143,
Florida Statutes, providing procedures for removal of chair-
men of standing or select committees; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Rules & Calendar and Appropriations.

By Representative T. Moore-



HB 604-A bill to be entitled An act relating to legislative
organization and procedure; creating s. 11.1451, Florida Stat-
utes, providing procedures for additional assignment or re-
moval of a member to or from a standing committee during
any session of the Legislature; providing an effective date.



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

By Representative T. Moore-
HJR 605-A joint resolution proposing an amendment to
Section 2 of Article III of the State Constitution relating to
removal of legislative officers.
-was read the first time by title and referred to the Com-
mittees on Rules & Calendar and Appropriations.

By Representative Richard-
HB 606-A bill to be entitled An act relating to stolen prop-
erty; adding subsection (7) to s. 812.031, Florida Statutes, 1976
Supplement, providing that stolen property retains its character
as stolen property for purposes of the unlawful receipt of
stolen property until certain conditions are met; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By Representative Foster-
HB 607-A bill to be entitled An act for the relief of the
City of Temple Terrace; providing an appropriation to com-
pensate the city for damages incurred as a result of legal and
court costs expended against the Department of Health and Re-
habilitative Services; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Hieber (by request)-
HB 608-A bill to be entitled An act relating to liens; amend-
ing s. 713.10, Florida Statutes, requiring that only notice of
certain leases be filed with the clerk of the circuit court in
order to exempt the lessor from liens for improvements made
by a lessee; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Hieber-
HB 609-A bill to be entitled An act relating to elections;
amending s. 104.37(6), Florida Statutes, and adding a new
subsection; prohibiting candidates for public office from using
photographs of themselves that are more than 4 years old in
any political advertisement or campaign literature; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Margolis-
HB 610-A bill to be entitled An act relating to the tax on
cigarettes; amending s. 210.15(1)(f), Florida Statutes, increas-
ing the renewal fees for cigarette permits for wholesale dealers
or exporters; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representative Craig-
HJR 611-A joint resolution proposing an amendment to
Section 9 of Article IV and the creation of Section 18 of Ar-
ticle XII of the State Constitution relating to the Game and
Fresh Water Fish Commission.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Healey-



HB 612-A bill to be entitled An act relating to occupational
therapists; amending s. 468.203(4), Florida Statutes, requiring
an occupational therapy assistant to work under the super-
vision of an occupational therapist; amending s. 468.209(2),



81



April 5, 1977









82 JOURNAL OF THE HOUSE

Florida Statutes, and adding subsection (3) to said section;
changing from 2 to 4 years the period that is required before
certain occupational therapy assistants may take the examina-
tion to be licensed as an occupational therapist; authorizing the
State Board of Medical Examiners to issue a temporary permit
to practice occupational therapy; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By Representatives Healey and Davis-
HJR 613-A joint resolution proposing amendments to Sec-
tions 10 and 11 of Article V of the State Constitution relating
to the election of circuit court judges.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative T. Moore-
HB 614-A bill to be entitled An act relating to campaign
financing; creating part II of chapter 106, Florida Statutes,
the "Florida Judiciary Campaign Financing Act", providing for
partial public financing of nonpartisan elections for judicial
office; providing definitions; creating the Florida Judiciary
Campaign Trust Fund and providing that all qualifying fees
paid by candidates for judicial'office shall be deposited therein;
providing for expenditure limitations on candidates for judicial
office who accept public moneys; providing powers and duties
of the Secretary of State; providing procedures, including a
petitioning process, whereby such candidates may become quali-
fied to direct that payment be made from the fund for certain
qualified campaign expenditures; providing for verification of
petitions as provided by law and for reimbursement of verifi-
cation costs; providing for determination of qualification by
Secretary of State; providing for disbursement of funds;
amending s. 105.031(3), Florida Statutes, relating to qualifica-
tion fees for candidates for judicial office, to conform to this
act; providing for relationship to other laws; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Elections, Finance & Taxation, and Appropriations.

HB 615-Withdrawn

By Representative T. Lewis-
HB 616-A bill to be entitled An act relating to tax on sales,
use and other transactions; creating ss. 125.0167 and 212.057,
Florida Statutes, and adding a new subsection (12) to s. 212.12,
Florida Statutes, 1976 Supplement; authorizing counties to levy
a discretionary tax, with proceeds to be used by the district
school systems; requiring approval of such levy at a refer-
endum; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education, Finance & Taxation, and Appropriations.

By Representative Malloy-
HB 617-A bill to be entitled An act relating to public offi-
cers and employees; authorizing state, county, and municipal
governments to pay reasonable costs and attorney's fees with
respect to civil or criminal actions involving public officers or
employees under certain circumstances; providing an effective
date.
--was read the first time by title and referred to the Com-
mittees on Standards & Conduct and Appropriations.

By Representative Boyd--
HB 618-A bill to be entitled An act relating to planning
and budgeting; adding a new subsection (5) to s. 216.151,
Florida Statutes, to require the secretary of the Department
of Administration to analyze the financial effect on local gov-
ernments as a result of executive, legislative, or judicial action;



adding subsection (3) to s. 216.162, Florida Statutes, to require
the Governor's legislative budget to include recommendations
for sources of funds for local governments when executive,
legislative, or judicial actions cause revenue loss or increased
expenditures to local governments; providing an effective date.



IE



OF REPRESENTATIVES April 5, 1977

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

By Representative Fulford (by request)-
HB 619-A bill to be entitled An act for the relief of Phyllis
McGuire; providing an appropriation to compensate her for her
injuries sustained in an automobile accident which occurred on
Florida State Road S-535 due to the negligent maintenance of
the road by the Department of Transportation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Fulford (by request)-
HB 620-A bill to be entitled An act relating to Orange
County; authorizing Orange County to compensate Phyllis
McGuire for her injuries sustained in an automobile accident
which occurred on Florida State Road S-535 due to the negli-
gent maintenance of the road by Orange County; providing an
effective date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representative Hieber-
HB 621-A bill to be entitled An act relating to financial
assistance; adding paragraph (d) to s. 409.185(3), Florida Stat-
utes, excluding burial plots and crypts from consideration in
determinations of eligibility for financial assistance from the
Department of Health and Rehabilitative Services; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representative McDonald-
HB 622-A bill to be entitled An act relating to life insur-
ance; amending s. 627.476(8), Florida Statutes, to eliminate a
provision allowing the calculation of adjusted premiums and
present values in life insurance policies on a female risk
according to an age not more than 3 years younger than the
actual age of the insured female; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Hutto-
HB 623-A bill to be entitled An act relating to the Teach-
ers' Retirement System of Florida; amending s. 238.06(4),
Florida Statutes, authorizing prior service credit under the
system, for service in the Armed Forces of the United States
during World War II, for members who were school teachers
(public or otherwise) within 1 year prior to entering the
Armed Forces; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Hutto-
HB 624-A bill to be entitled An act relating to state finan-
cial matters; amending s. 215.34(1), Florida Statutes; directing
the Comptroller to establish a collection account for each state
officer or agency; providing a procedure whereby certain re-
turned checks, drafts, or orders for the payment of money can
be processed by the State Treasurer; requiring officers or
agencies to provide the State Treasurer with certain informa-
tion; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.



By Representatives Hazelton and T. Lewis-
HB 625-A bill to be entitled An act relating to medical
assistance for the needy; adding subsection (3) to s. 409.266,









April 5, 1977



Florida Statutes, including psychiatric care within the term
"medical services" to allow medicaid payments for the provi-
sion of such care; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representative Hazelton-
HCR 626-A concurrent resolution providing for the creation
of a joint legislative committee to review part I of chapter
394, Florida Statutes, the Baker Act.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Langley-
HB 627-A bill to be entitled An act relating to the state
system of public education; creating s. 228.042, Florida Stat-
utes; prohibiting the granting of continuing contracts and
tenure status to personnel of the state system of public edu-
cation; amending ss. 230.23(5) (g) and 236.02(3), Florida Stat-
utes, 1976 Supplement, and ss. 230.321(1), 230.66(5), 230.759,
231.36(6), 231.39(2), and 241.731(1) and (2)(a), Florida Stat-
utes; deleting provisions relating to continuing contracts and
tenure; repealing ss. 231.29(2)(c), 231.351, and 231.36(3)-(5),
(7), and (9), Florida Statutes, relating to continuing contracts
and tenure; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Hazelton-
HB 628-A bill to be entitled An act relating to public busi-
ness; creating s. 286.24, Florida Statutes, requiring boards,
commissions, or authorities of state agencies or of political
subdivisions of the state to make their public meetings accessi-
ble to the physically handicapped upon request; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representatives Moffitt and Bell-
HB 629-A bill to be entitled An act relating to court costs;
adding a new subsection (2) to s. 57.041, Florida Statutes,
providing for the award of attorney's fees in certain civil
actions commenced after October 1, 1977; providing that such
an award becomes a part of the judgment and is subject to
execution; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Moffitt, Davis, and Bell-
HB 630-A bill to be entitled An act relating to county
court judges; amending s. 34.021, Florida Statutes, providing
that, in counties with populations over 40,000, county court
judges must have been members of The Bar of Florida for
5 years; providing an exception for judges currently serving;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Moffitt and Bell--
HB 631-A bill to be entitled An act relating to compen-
sation for court appointed attorneys; amending s. 925.035, Flor-
ida Statutes, 1976 Supplement, authorizing the reimbursement
of expenses for certain court appointed attorneys representing
insolvent clients; requiring such attorneys to file a sworn state-
ment of their expenses and the amount of their fees including
a justification for such fees; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Maxwell-



HB 632-A bill to be entitled An act relating to local occu-
pational license taxes; amending s. 205.033, Florida Statutes,



JOURNAL OF THE HOUSE



training schools for service officers; requiring the division's
semiannual report to be submitted to the leadership of the
Legislature as well as to the Governor; amending s. 292.07,
Florida Statutes; renaming the administrative personnel of the
division; providing qualifications for such personnel; amend-
ing s. 292.10, Florida Statutes, empowering cities to assist
veterans in filing claims and securing benefits; amending s.
292.11, Florida Statutes, requiring counties to employ county
veteran service officers and provide them with certain assist-



OF REPRESENTATIVES 83

granting to all counties the option to limit the levy of an
occupational license tax to the unincorporated areas; providing
that in such event all revenue shall go to the governing body
of the county; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Finance & Taxation.

By Representative McCall-
HB 633-A bill to be entitled An act relating to sales and
use taxation; adding paragraph (1) to s. 212.08(7), Florida
Statutes, exempting from sales and use tax artificial poppy
flowers sold by certain veterans' organizations; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Finance & Taxation.

By Representatives Williams, Warner, Hodges, Crenshaw,
Malloy, Hagler, Martin, Hollingsworth, Langley, Sheldon, Rich-
mond, Pajcic, Ward, Maxwell, Young, Culbreath, Cox, James,
Hazelton, Rish, Davis, Adams, Patterson, Grizzle, Fox, Forbes,
Girardeau, Smith, O'Malley, and Fulford-
HB 634-A bill to be entitled. An act relating to state-
administered retirement systems; amending s. 121.101(5), Flor-
ida Statutes, increasing the maximum cost-of-living adjustment
available to members of the Florida Retirement System or any
state-administered retirement system; requiring employers to
make contributions on behalf of employees to fund the increase;
providing for the creation of a special trust fund for the
deposit of such contributions and providing for the transfer
of funds from the special trust fund to the Florida Retirement
System Trust .Fund each fiscal year; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining,
Finance & Taxation, and Appropriations.

By the Committee on Veterans Affairs and Representatives
T. Moore, Foster, Hodges, Warner, Adams, Hieber, Nuckolls,
and Lockward-
HB 635-A bill to be entitled An act relating to registra-
tion fees at universities and community colleges; amending
s. 240.052(4), Florida Statutes, 1976 Supplement, restructuring
the present deferment of registration fees allowed to veterans-
requiring institutions granting deferments to grant at least
one 60-day deferment to certain veterans or other qualified
persons; providing that all persons receiving such deferments
shall sign promissory notes; authorizing institutions to enforce
such notes; adding subsection (3) to s. 201.08, Florida Statutes,
providing that such promissory notes do not require docu-
mentary stamps; providing a form for the application for
deferments; creating s. 230.7686, Florida Statutes, providing
for deferment of registration fees; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By the Committee on Veterans Affairs and Representatives
Hodges, Hieber, Warner, Adams, Foster, T. Moore, Nuckolls,
and Lockward-
HB 636-A bill to be entitled An act relating to veterans;
amending s. 20.18(5) (a), Florida Statutes, relating to member-
ship on the Interdepartmental Coordinating Council on Com-
munity Services of the Department of Community Affairs;
amending s. 292.05, Florida Statutes; transferring thereto pro-
visions of s. 292.06, Florida Statutes, relating to employment
of a state service officer for veterans; renaming the state
service officer as the Director of the Division of Veterans'
Affairs of the Department of Community Affairs and provid-
ing for his selection; providing additional qualifications for
employment as director; deleting certain provisions relating to









JOURNAL OF THE HOUSE OF REPRESENTATIVES



ance; authorizing cities to employ city veteran service officers
and provide such assistance; providing uniform qualifications
for all such veteran service officers; transferring thereto pro-
visions relating to the employment of such officers from s.
292.08, Florida Statutes; requiring the training program for
county veteran service officers to include city veteran service
officers; providing traveling expenses to county and city vet-
eran service officers while meeting training requirements;
transferring provisions relating to appropriations and provi-
sions subjecting veteran service officers to rules of the divi-
sion; amending s. 292.12, Florida Statutes, authorizing cities
to cooperate with federal, state, county or city agencies to
provide services to veterans and to jointly employ veteran
service officers with counties or cities; amending s. 292.13,
Florida Statutes, providing that services by city veteran serv-
ice officers shall be free to veterans; amending s. 292.15,
Florida Statutes, conforming terminology; excepting present
state service officers and assistant state service officers from
certain employment qualifications; repealing s. 292.01, Florida
Statutes, removing the duty of the Adjutant General to assist
veterans in preparing claims for veterans' benefits; repealing
s. 292.06, Florida Statutes, relating to the employment of a
state service officer by the division; repealing s. 292.08, Flor-
ida Statutes, relating to local service officers; providing an
effective date.
"-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

HM 637-Withdrawn

HM 638-Withdrawn

By the Committee on Veterans Affairs and Representatives
Foster, T. Moore, Warner, Adams, Heiber, Nuckolls, and Lock-
ward-
HM 639-A memorial requesting the United States Congress
and the Veterans Administration to provide a cemetery for
veterans in central Florida.
--was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By the Committee on Veterans Affairs and Representatives
Foster, T. Moore, Warner, Adams, Heiber, Nuckolls, and Lock-
ward--
HM 640-A memorial to the Congress of the United States,
requesting Congress to direct the United States Veterans
Administration to establish a Veterans Administration Regional
Office on the east coast of Florida.
--was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By the Committee on Veterans Affairs and Representatives
Foster, T. Moore, Warner, Adams, Heiber, Nuckolls, and Lock-
ward-
HM 641-A memorial to the Congress of the United States,
requesting Congress to direct the Administrator of the United
States Veterans Administration to conduct a demographic sur-
vey of Monroe County, Florida, and of West Florida between
Tallahassee and Pensacola to confirm the need for a United
States Veterans Administration satellite clinic in such areas
and to report back to Congress in 6 months the results of
such study.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representative Hazouri-
HB 642-A bill to be entitled An act relating to the Jackson-
ville Transportation Authority; amending ss. 349.05(1) and
349.17(1), Florida Statutes, providing that issuance of certain
revenue bonds by the authority be subject to referendum;
providing an effective date.



-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.



By Representative Papy-
HB 643-A bill to be entitled An act relating to the Florida
Highway Patrol; adding subsection (6) to s. 321.05, Florida
Statutes, providing that the Department of Highway Safety
and Motor Vehicles shall require the installation of citizens'
band radios in every patrol vehicle of the Florida Highway
Patrol for use in traffic safety; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representatives McPherson, Mixson, Fulford, Morgan,
Hector, Grizzle, and Blackburn-
HB 644-A bill to be entitled An act relating to the John
and Mable Ringling Museum of Art; amending s. 265.27, Flor-
ida Statutes, specifying additional places where museum paint-
ings and objects of art may be temporarily loaned for exhibit;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representatives T. Lewis, Lockward, Hazelton, and
James-
HB 645-A bill to be entitled An act relating to retirement;
providing that any person who retires under the disability
provisions of the Florida Retirement System, or of any retire-
ment system therein consolidated, after 10 years of creditable
service and whose disability continues until age 60 may receive
additional benefits; providing for the computation of such addi-
tional benefits; authorizing the Division of Retirement to adopt
rules; providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.

By Representative Thompson-
HB 646-A bill to be entitled An act for the relief of Jessie
Porter; providing a $5,000 appropriation to compensate him
for injuries sustained as a result of purchasing property from
the state at a tax sale; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Craig-
HB 647-A bill to be entitled An act relating to health
studio services; providing legislative intent; defining the term
"contract for health studio services"; providing that every
contract for health studio services entered into after July 1,
1977, shall contain a provision allowing any person who has
entered such contract to cancel the contract without penalty
upon notice to the health studio 30 days prior to such can-
cellation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Fox and Margolis-
HB 648-A bill to be entitled An act relating to child sup-
port; amending s. 61.13(1), Florida Statutes, requiring the
court to consider certain factors in determining an order for
child support; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representatives Fox and Margolis-
HB 649-A bill to be entitled An act relating to abuse of
adults and minor children; providing legislative intent; provid-
ing definitions; providing procedures for commencement of
proceedings for relief by abused adults or by representatives
of abused minors; authorizing issuance of certain orders by
the court; providing that willful violation of such orders may
be punished as contempt of court; providing an effective date.



-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.



84



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Kutun, Fox, and Hieber-
HB 650-A bill to be entitled An act relating to child cus-
tody; creating the Uniform Child Custody Jurisdiction Act;
providing legislative intent; providing definitions; providing a
procedure for determining jurisdiction in child custody cases
between states; providing notice requirements; providing pro-
cedure with respect to discovery of simultaneous proceedings
pending in other states; authorizing the court to decline to
exercise jurisdiction under certain circumstances; providing a
required list of information which parties in a custody pro-
ceeding are required to file under oath; requiring the addition
of parties to a custody proceeding under certain circumstances;
providing for the appearance of any party as well as the child
who is the subject of the custody proceeding before the court
under certain circumstances; providing for the binding force
and res judicata effect of custody decrees; providing for the
legal recognition of out-of-state custody decrees and for the
filing and enforcement of such decrees; providing for the
modification of such decrees; requiring the Clerk of the Circuit
Court to keep a registry of out-of-state custody decrees and
proceedings and authorizing the clerk to provide certified
copies to certain courts and persons; providing for the taking
of testimony in another state; providing for hearings and
studies in another state as well as orders to appear; requir-
ing courts of this state to render assistance to courts of other
states regarding custody proceedings; requiring the preserva-
tion of documents in such proceedings until the child reaches 18
years of age; requiring courts of this state to request court
records of other states in custody proceedings; providing for
the international application of this act; amending s. 39.06(6),
Florida Statutes, and s. 61.13(2) (b), Florida Statutes, to con-
form to the provisions of this act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Mann-
HB 651-A bill to be entitled An act relating to motor ve-
hicle licenses; amending s. 320.01(1)(b), Florida Statutes,
1976 Supplement, increasing the allowable body length of cer-
tain recreational vehicles; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Lockward-
HB 652-A bill to be entitled An act relating to homestead
exemption; amending s. 196.131, Florida Statutes, extending
the filing date for homestead exemption claims for persons ill
or out of the state during the filing period; amending s. 196.-
151, Florida Statutes, 1976 Supplement, conforming provi-
sions relating to procedures for the approval or refusal of
claims; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Haben-
HB 653-A bill to be entitled An act for the relief of Burton
and Mary Ann Holmes; providing an appropriation to compen-
sate them for the loss of their daughter due to acts and omis-
sions by the Department of Natural Resources; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Craig--
HB 654-A bill to be entitled An act relating to property
assessment; amending s. 193.011, Florida Statutes, to provide
that assessments entered on the tax rolls on December 31,
1976, shall be conclusively deemed just valuation and shall
not be changed except under specified circumstances; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representatives Craig, Hollingsworth, Maxwell, Girardeau,
Foster, and Hattaway-



HB 655-A bill to be entitled An act relating to taxation;
creating the Property Tax Relief Act of 1977; providing legis-



85



lative intent relating to financing of education; amending s.
236.25(1), Florida Statutes, limiting the district school tax rate
to 4 mills; amending and adding ss. 125.0165(1), 212.02(2) (e),
(3)(a) and (d), (4), and (13), 212.05, 212.055(1), and 212.12
(6) (b), (7), (10), (11), and (12), all Florida Statutes, 1976 Sup-
plement; amending and adding ss. 212.03(1), (3), and (6), 212.-
031(1), 212.04(1) and (5), 212.06(1)(a) and (b), (2)(k), and
(3), 212.07(1), (2), (4), and (9), 212.08, introductory paragraph
and (3), (7)(a) and (e), and (11), 212.11(1), 212.13(2) and (3),
212.14(1), 212.17(3) and (7), and 212.21(2), (3), and (4), all
Florida Statutes; increasing the tax on sales, use, and other
transactions under chapter 212, Florida Statutes, to 5 percent;
imposing said tax on the creating, furnishing, performing,
providing, or rendering of professional or other personal serv-
ices; providing definitions and exceptions; specifying that said
tax shall apply to advertising and services related thereto;
amending provisions relating to charter county discretionary
sales tax to conform to this act; amending ss. 206.43(1), 206.91,
210.05(3)(a), and 565.13, Florida Statutes, and repealing ss.
212.12(1) and 563.07, Florida Statutes; eliminating the deal-
er's or distributor's allowance for collection of taxes on sales,
use, and other transactions, motor fuels and special fuels,
cigarettes and malt beverages and spirituous beverages; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative T. Moore-
HB 656-A bill to be entitled An act relating to legislative
organization and procedure; amending s. 11.141(2), Florida
Statutes, providing for the creation of a Committee on Com-
mittees within the House of Representatives; providing for
proportional representation of political parties on all com-
mittees in the House; providing a procedure for election of the
membership of the Committee on Committees and for the chair-
man thereof; providing for powers and duties of the Committee
on Committees to be assigned by the House; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Rules & Calendar and Appropriations.

By Representative Neal-
HB 657-A bill to be entitled An act relating to artesian
wells; creating s. 373.207, Florida Statutes; providing that
each water management district governing board maintain an
inventory of artesian wells; providing for notification of per-
sons in control of artesian wells as to their duty to control
same; providing for testing for interaquifer mixing; providing
for comprehensive plans; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Neal-
HB 658-A bill to be entitled An act relating to artesian
wells; amending s. 373.206, Florida Statutes; providing that
the governing boards of the water management districts shall
determine the usability of a water supply and provide specifi-
cations for well plugging; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representatives Nuckolls and Adams-
HB 659--A bill to be entitled An act relating to mobile homes;
amending s. 83.765(1), Florida Statutes, 1976 Supplement; pro-
hibiting a mobile home park from denying or abridging the
right of any owner of a lot in the park to sell his lot; restrict-
ing the park in the collection of a fee for such sale; author-
izing the sale of the lot without the park's permission under
certain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.



By Representatives Nuckolls and Hawkins-
HB 660-A bill to be entitled An act relating to veterans;
creating s. 295.14, Florida Statutes; providing that the state



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



shall pay a portion of the expense of transporting the body
of an indigent veteran who dies in this state for burial in a
national cemetery in this state; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Appropriations.

By Representatives Bloom, Hector, and Foster-
HB 661-A bill to be entitled An act relating to pest control;
amending various sections of chapter 482, Florida Statutes,
to clarify and to conform to reorganization of the Department
of Health and Rehabilitative Services; amending s. 482.021(1)-
(6), (8), (9), (12)-(14), (16), (19), and (22), Florida Stat-
utes, and adding a new subsection (16) and subsection (24)
thereto, defining "department," and "pesticide or economic
poison," and "termite or other wood-destroying organism in-
spection report" and clarifying existing definitions; amending
s. 482.051, Florida Statutes, relating to departmental require-
ments as to the use of certain pesticides or economic poison,
to include restrictions established by the U. S. Environmental
Protection Agency; amending s. 482.061, Florida Statutes,
clarifying provisions relating to inspectors; amending s. 482.-
071(1), Florida Statutes, and adding a subsection, requiring
specified insurance coverage of licensees; amending s. 482.091,
Florida Statutes, relating to identification cards, providing
certain requirements and responsibilities; amending s. 482.111
(1), (2), (5), (8), (9), and (10), Florida Statutes, authorizing
licensees to designate other qualified certified operators to
perform certain duties during the temporary absences of cer-
tified operators in charge; amending s. 482.132, Florida Stat-
utes, specifying "good moral character" as a qualification for
certification as a pest control operator; amending s. 482.133,
Florida Statutes, modifying prerequisite qualifications for
examination; amending s. 482.141(2), (3), and (5), Florida
Statutes, providing for refund of examination application fees
in certain cases; amending s. 482.171, Florida Statutes, speci-
fying that business entities, rather than business locations,
are subject to suspension or revocation of license for viola-
tion of the act; amending s. 482.211(1), Florida Statutes,
clarifying language relating to exemptions; amending s. 482.-
221, Florida Statutes, removing obsolete grandfatherinq pro-
visions; amending s. 482.231, Florida Statutes, authorizing
certain employees to use fogging machines under supervision;
amending s. 482.241, Florida Statutes, clarifying "liberal in-
terpretation"; amending s. 482.242, Florida Statutes, clarifying
"preemption"; creating s. 482.26, Florida Statutes; requiring
licensees to provide a termite or other wood-destroying organ-
ism inspection report to parties involved in a closing under
certain circumstances; requiring reports based on visual in-
spection to contain certain information; providing that the
report shall not be a guarantee; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Taxa-
tion, and Appropriations.

By the Committee on Corrections, Probation & Parole-
HB 662-A bill to be entitled An act relating to the public
defender; amending s. 27.51(1), Florida Statutes; authorizing
the public defender to represent insolvent persons charged
with a violation of a condition of parole; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representatives Martin and Smith--
HB 663-A bill to be entitled An act relating to the restora-
tion of sight; creating s. 732.920, Florida Statutes; permitting
medical examiners to remove the eyes of a decedent for pur-
poses of corneal transplant upon certain conditions; relieving
medical examiners and eye banks of liability for failure to
obtain consent of next of kin; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Health & Rehabilitative Services.

By Representative Burrall--



HB 664-A bill to be entitled An act relating to elevators;
amending s. 399.02(2), Florida Statutes; requiring buildings
which are greater than two stories in height, constructed after
January 1, 1978, to have at least one elevator of sufficient size



to accommodate an ambulance stretcher; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Brown-
HB 665-A bill to be entitled An act relating to the fine arts;
creating s. 15.041, Florida Statutes; providing for the designa-
tion of a state poet laureate by the Governor upon the recom-
mendation of the Fine Arts Council of the Department of State;
providing for a term of office; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

By Representative Danson-
HB 666-A bill to be entitled An act relating to ad valorem
tax exemption; amending ss. 196.012(10) and 196.101(3) and
(5), Florida Statutes, 1976 Supplement, to allow certification
of total and permanent disability by the applicable branch
of the Armed Forces; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs and Finance & Taxation.

By Representative Hutto-
HB 667-A bill to be entitled An act relating to anatomical
gifts; amending s. 732.921(1), Florida Statutes; authorizing
the Department of Health and Rehabilitative Services to pro-
vide certain necessary supplies, pouches, forms, and other ac-
cessories related to anatomical gifts; authorizing the Depart-
ment of Health and Rehabilitative Services to accept contribu-
tions from nonprofit organizations for this purpose; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropriations.

By Representative T. Moore-
HB 668-A bill to be entitled An act relating to tax ex-
emption; adding subsection (5) to s. 196.031, Florida Statutes,
and amending s. 196.202, Florida Statutes, to provide that the
value of homestead exemptions and of the $500 exemption for
property of widows, blind persons, and permanently disabled
persons shall be adjusted annually to reflect the changing
value of the dollar; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Nuckolls and Hodges-
HB 669-A bill to be entitled An act relating to regulation
of public utilities; creating s. 366.051, Florida Statutes, pro-
viding requirements for customer billing; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Nuckolls and Hodges-
HB 670-A bill to be entitled An act relating to the Local
Government Comprehensive Planning Act of 1975; amending
s. 163.3187, Florida Statutes, providing that the state land
planning agency and the appropriate regional planning agency,
in reviewing proposed amendments to an adopted comprehen-
sive plan or element or portion thereof, shall limit review to
written comments or suggestions; restricting such agencies
from modifying, altering, deleting or adding to any such
amendment and from taking authority to approve or disapprove
such an amendment; amending s. 163.3194(2) (a), Florida Stat-
utes, limiting the authority of local planning agencies with
respect to the review of local regulations, codes or amendments
which may affect an adopted comprehensive plan; providing an
effective date.



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



86,



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Ready-
HB 671-A bill to be entitled An act relating to the pre-
servation of wild trees, shrubs and plants; amending s. 865.-
06(1), (2)(b), and (4), Florida Statutes and adding a subsec-
tion thereto; adding and deleting plants from the list of pro-
tected plants; authorizing the Department of Agriculture and
Consumer Services to promulgate an endangered plant list;
prohibiting certain activities respecting endangered plants;
requiring preservation of habitats of protected and endangered
plants wherever possible; providing a penalty; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Agriculture & General Legislation and Appropria-
tions.

By Representative Woodruff-
HB 672-A bill to be entitled An act relating to the Florida
Automobile Reparations Reform Act; amending s. 627.736(8),
Florida Statutes, 1976 Supplement, and adding subsection (9)
thereto; specifying when attorneys' costs may be provided for
in disputes under the act; prohibiting employees or representa-
tives of insurance companies or insurers providing coverage
under the act from coercing sick or injured insured parties in
the selection of medical services; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Woodruff-
HB 673-A bill to be entitled An act relating to garnishment;
amending s. 222.11, Florida Statutes, authorizing limited gar-
nishment of wages; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Woodruff-
HB 674-A bill to be entitled An act relating to the Public
Service Commission; amending s. 350.01, Florida Statutes, in-
creasing the number of public service commissioners from
three to five; providing for their election from 5 commission
districts; providing for election of the two new members in
the general election of November 1978; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative James-
HB 675-A bill to be entitled An act relating to podiatry;
amending s. 461.07(2), Florida Statutes, exempting certain
podiatrists from the annual continuing professional educational
requirement; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative James-
HB 676-A bill to be entitled An act relating to public busi-
ness; creating s. 286.24, Florida Statutes, requiring state
agencies to give prior notice to affected state agencies and
political subdivisions of the state of proposed actions prior to
taking final action; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Davis--
HB 677-A bill to be entitled An act relating to alimony;
amending s. 61.08, Florida Statutes, removing the authority
of the court to consider adultery for purposes of determining
a proper alimony award; providing specified factors to be con-
sidered by the court for such purposes; providing an effective
date.



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



By the Committee on Transportation-
HB 678-A bill to be entitled An act relating to noncriminal
traffic infraction adjudication; providing legislative intent;
amending s. 34.01(1), Florida Statutes, to include traffic in-
fractions within the jurisdiction of county courts; creating s.
34.0215, Florida Statutes, providing qualifications for traffic
infraction hearing officers; adding a new paragraph (f) to
s. 43.26(2), Florida Statutes, providing for the appointment of
traffic infraction hearing officers; amending s. 318.13(4), Flor-
ida Statutes, 1976 Supplement, providing that traffic infraction
hearing officers may preside over hearings adjudicating traf-
fic infractions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Hazouri-
HB 679-A bill to be entitled An act relating to the regula-
tion of labor unions and their business agents; amending s.
447.02, Florida Statutes, providing for the transfer of certain
powers, duties, and functions to the Division of Labor of the
Department of Commerce; amending s. 447.04, Florida Statutes,
relating to business agents' licenses and permits; revising ex-
piration date for business agent licenses and permits; provid-
ing grounds for denial or suspension; creating s. 447.045,
Florida Statutes, making certain investigatory information
confidential; amending s. 447.06, Florida Statutes, relating to
labor organization registration; providing for sworn reports;
revising the registration renewal date for labor organizations;
amending s. 447.10, Florida Statutes, providing for adminis-
trative hearings; amending s. 447.12, Florida Statutes, pro-
viding for collection of fees and their deposit by the Division of
Labor; amending s. 447.16, Florida Statutes, to conform to this
act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce, Finance & Taxation, and Appropriations.

By Representatives R. Moore and Langley-
HB 680-A bill to be entitled An act relating to attorney's
fees; amending s. 59.46, Florida Statutes; providing that in the
absence of expressed contrary intent, provisions of statute or
contract for the payment of attorney's fees be construed to
include the payment of such fees on appeal; conforming pro-
visions of said section to the rules adopted by the Supreme
Court for practice and procedure; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By the Committee on Corrections, Probation and Parole-
HB 681-A bill to be entitled An act relating to statutory
gain-time; amending s. 944.27(2), Florida Statutes, 1976 Sup-
plement, to provide that gain-time be allowed to prisoners serv-
ing two or more cumulative sentences as if such sentences
were all one sentence; repealing s. 944.271, Florida Statutes,
1976 Supplement, and s. 19 of chapter 76-273, Laws of Flor-
ida, which provide for the repeal on January 1, 1979, of provi-
sions relating to gain-time allowance for prisoners who faith-
fully perform work assigned, and which provide a schedule of
gain-time allowance for prisoners who participate in an organ-
ized program of agricultural or mechanical labor; amending s.
20 of chapter 76-273, Laws of Florida, to conform to this act;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Corrections, Probation and Parole-
HB 682-A bill to be entitled An act relating to parole and
probation; amending s. 949.08, Florida Statutes; providing for
the Parole and Probation Commission as well as the Depart-
ment of Offender Rehabilitation to enact rules relating to com-
pacts pertaining to parolees; providing an effective date,
-was read the first time by title and referred to the Com-
mittee on Appropriations.



By Representative Hazelton-
HB 683-A bill to be entitled An act for the relief of Myrtle
McDowell McDougall, the former Myrtle R. McDowell, personal



87



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



representative of the estate of Samuel W. McDowell; providing
an appropriation to compensate said estate and the beneficiaries
thereof for the death of Samuel W. McDowell; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Hazelton-
HB 684-A bill to be entitled An act relating to Palm Beach
County; providing for the relief of William G. Willis; providing
an appropriation to compensate him for loss of income and
personal injury as a result of an accident caused by the negli-
gence of the Palm Beach County Survey Department; provid-
ing an effective date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative J. W. Lewis-
H HB 685-A bill to be entitled An act relating to electrolo-
gists; creating an Electrologist Council under the State Board
of Medical Examiners; providing membership and terms; pro-
viding powers and duties of the board which may be delegated
to the council; providing for licensing of electrologists; pre-
scribing qualifications and fees for licenses; providing exemp-
tions; authorizing the board to suspend, revoke or refuse to
renew licenses or discipline licensees; authorizing the use
of titles and abbreviations; making specified conduct unlaw-
ful; providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Gordon-
HB 686-A bill to be entitled An act relating to legal holi-
days; adding a new paragraph (e) to s. 683.01(1), Florida
Statutes, designating Susan B. Anthony's birthday as a legal
holiday; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representatives Fox and Hill-
HB 687-A bill to be entitled An act relating to marriage
and family counselors; providing legislative intent; providing
definitions; requiring that marriage and family counselors
be licensed; creating the State Board of Marriage and Family
Counselors under the Division of Professions of the Depart-
ment of Professional and Occupational Regulation; provid-
ing for the board's organization, powers, and duties; provid-
ing for application for and issuance of licenses; providing for
examination; providing for reciprocity; providing for the
denial, suspension, revocation, or cancellation of licenses; pro-
viding for reinstatement; providing penalties; providing for
fees; providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Nuckolls--
HB 688-A bill to be entitled An act relating to corporations;
creating s. 607.0245, Florida Statutes, prohibiting the use of
the words "veteran" or "veterans" in the name of any nonpro-
fit association or prospective corporation except upon prior
approval of the Advisory Council on Veterans' Affairs of the
Department of Community Affairs; providing a penalty; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Veterans Affairs.

By Representative Easley-



HB 689-A bill to be entitled An act relating to radiologic
technology; providing a declaration of policy; providing def-
initions; prohibiting the use of x-rays and x-ray producing



equipment by certain persons; creating a Radiologic Tech-
nology Board within the Radiological and Occupational Health
Section, or its successor, of the Health Program Office of the
Department of Health and Rehabilitative Services; providing
for board membership, organization, and duties; providing
for certain rules; providing for certification of persons as radi-
ologic technologists; providing for approval of schools; pro-
viding for examinations and fees; providing qualifications for
certification; providing for issuance, possession, and display
of certification; providing for temporary certification; provid-
ing for certification based on prior experience or training; pro-
viding for duration, renewal, issuance, suspension, and revoca-
tion of certification; prohibiting certain actions and activities;
providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Tax-
ation, and Appropriations.

By Representative Steinberg-
HB 690-A bill to be entitled An act relating to mopeds;
amending s. 316.003(2), (21), (22), (23), and (64), Florida
Statutes, 1976 Supplement, removing moped from the defini-
tion of bicycle; removing the exclusion of moped from the
definitions of motor vehicle and motorcycle; including moped
in the definition of motor-driven cycle and vehicle; amending
ss. 316.111(14) and (15) and 316.183(7), Florida Statutes,
1976 Supplement, deleting reference to the definition of mo-
ped; amending s. 320.01(1)(a) and (23), Florida Statutes,
1976 Supplement, including motor-driven cycles and mopeds in
the definition of motor vehicle and including moped in the
definition of motor-driven cycle; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Hutto-
HB 691-A bill to be entitled An act for the relief of Mrs.
Alberta McMahan, Willow Woods, Ohio; providing an appro-
priation to compensate her for damages suffered as a result
of negligence by the Department of Transportation; provid-
ing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representatives Considine and Margolis-
HB 692-A bill to be entitled An act relating to condomin-
iums and cooperatives; creating ss. 718.122-718.124 and 719.-
109-719.111, Florida Statutes, prohibiting infringement upon
right of owners to peaceably assemble at reasonable times and
in a reasonable manner on common elements, common areas, or
recreational facilities; prohibiting infringement upon right of
owner to invite public officers or candidates for public of-
fice to appear and speak on common elements, common areas
or recreational facilities at reasonable times and in a rea-
sonable manner; providing for injunction upon the application
of an aggrieved owner; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Considine-
HB 693-A bill to be entitled An act relating to mobile home
parks; creating ss. 83.74, 83.75, and 83.76, Florida Statutes,
prohibiting infringement upon right of mobile home owners
to peaceably assemble at reasonable times and in a reasonable
manner in common areas or recreation areas; prohibiting in-
fringement upon right of mobile home owner to invite pub-
lic officers or candidates for public office to appear and speak
in common areas or recreation areas at reasonable times and
in a reasonable manner; providing for injunction upon the
application of an aggrieved owner; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Healey-



HB 694-A bill to be entitled An act relating to state uni-
form traffic control; amending s. 316.066(3), Florida Statutes,



88"



April 5, 1977









JOURNAL OF THE HOUSE



providing that in certain counties law enforcement officers
shall submit written reports of accidents to central traffic
records sections; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative McDonald--
HB 695-A bill to be entitled An act relating to intangible
personal property tax; adding paragraph (g) to s. 199.072(1),
Florida Statutes, exempting from intangible personal property
tax the assets of a corporation registered under the Investment
Company Act of 1940 of the United States; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation.and Appropriations.

By Representative Pajcic-
HB 696--A bill to be entitled An act relating to recall;
amending s. 100.361, Florida Statutes; providing procedures
for the recall of any elected public officer; providing duties
of supervisors of elections and the Department of State; pro-
viding for circulation of petitions and holding of recall elec-
tion; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.
By Representative Cox-
HB 697-A bill to be entitled An act relating to condomin-
iums; creating s. 718.1165, Florida Statutes; providing that
in an action by an association to foreclose a lien or recover
a money judgment for unpaid assessments a unit owner may
defend nonpayment of maintenance assessments on the ground
of material noncompliance with maintenance provisions of
bylaws; providing for notice; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Warner--
HB 698-A bill to be entitled An act relating to motor ve-
hicle repair; providing definitions; requiring the Department
of Highway Safety and Motor Vehicles annually to register
motor vehicle repair shops and to license repairmen; providing
for a fee schedule; creating motor vehicle repair review boards
in each county; providing a procedure for investigations and
hearings of complaints concerning motor vehicle repair; re-
quiring the review boards to forward justified complaints to the
department; authorizing the department to suspend or revoke
registrations and licenses and, under certain circumstances, to
permanently deny a repair shop owner's right to engage in the
business of motor vehicle repairs; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Bell--
HB 699-A bill to be entitled An act relating to service of
process; creating s. 48.1815, Florida Statutes; providing for
the appointment of the Secretary of State as an agent for
the service of process with respect to any nonresident who
exercises the right of access to the courts of this state; pro-
viding that such service of process is deemed to be personal
service; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Warner--
"HB 700--A bill to be entitled An act relating to dentists;
creating s. 466.145, Florida Statutes, to provide for license by
endorsement under certain conditions; providing that such li-
cense shall expire if not used within a certain period; pro-
viding an effective date.



--was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.



April 5, 1977



By Representative Craig-
HB 707-A bill to be entitled An act relating to recovery of
solid wastes; amending s. 403.714, Florida Statutes; requiring



SOF REPRESENTATIVES 89

By Representative T. Lewis-
HB 701-A bill to be entitled An act for the relief of the
Town of Palm Beach, Palm Beach County; providing for re-
imbursement for the construction of an ocean outfall in reliance
on approval by the Florida State Board of Health; providing
an appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representatives Pajcic and Smith-
HB 702-A bill to be entitled An act relating to campaign
financing; adding a new subsection (4) to s. 106.10, Florida
Statutes; requiring the return of unexpended campaign con-
tributions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representatives Forbes, Eckhart, and O'Malley-
HB 703-A bill to be entitled An act relating to motor ve-
hicle safety inspection; repealing part II of chapter 325, Flor-
ida Statutes, which requires such inspection annually; amending
ss. 318.12 and 318.14(1), Florida Statutes, and repealing ss.
316.285(3) and 450.33(9), Florida Statutes, deleting refer-
ences thereto; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Transportation.

By Representative Bell-
HB 704-A bill to be entitled An act relating to retarded
persons; creating the "Community Residential Placement Act";
providing legislative intent; providing definitions; establish-
ing the Community Residential Placement Program; providing
a purpose; directing the Department of Health and Rehabili-
tative Services to adopt rules establishing procedure for deter-
mining reimbursement for certain categories of residential facili-
ties; providing that donations made by relatives to residential
facilities shall not reduce benefits paid by the state; providing
that admission or maintenance of a retarded person to a resi-
dential facility shall not be conditioned upon receipt of dona-
tions; authorizing the collection of fees in compliance with
s. 402.33, Florida !Statutes, 1976 Supplement; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Craig-
HB 705-A bill to be entitled An act relating to podiatry;
amending ss. 461.03(1) and 461.07, Florida Statutes, increasing
fees for examination and reexamination; providing that all
licensees shall be known as licensed podiatrists; providing for
waiver of continuing education requirement for good cause
shown; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Craig--
HB 706-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(15), Florida Stat-
utes, 1976 Supplement, redefining the term "special risk mem-
ber" to eliminate the requirement that members apply to the
administrator and be approved for inclusion in the special
risk category and to include certain additional persons in the
special risk class; amending s. 121.23, Florida Statutes, to
conform to the act; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Retirement, Personnel & Collective Bargaining and
Appropriations.










JOURNAL OF THE HOUSE OF REPRESENTATIVES



the Department of General Services to establish a solid waste
recovery program to be implemented by agencies of state gov-
ernment; prohibiting unauthorized removal of solid wastes;
requiring annual reports; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Craig-
HB 708-A bill to be entitled An act relating to retired
justices and judges; amending s. 25.073, Florida Statutes, pro-
viding for additional compensation to be paid to a retired
justice or judge who is assigned to active judicial service; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Craig-
HB 709-A bill to be entitled An act relating to water re-
sources; creating s. 373.1966, Florida Statutes; providing leg-
islative intent; establishing the Advisory Council on the Res-
toration of the Upper St. Johns River Basin within the De-
partment of Natural Resources; providing for membership and
duties; providing duties of the executive director of the de-
partment; providing for implementation of measures adopted
to restore the water quality and natural environmental func-
tion of the upper St. Johns River basin; establishing a trust
fund; providing an appropriation; providing for dissolution of
the council; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative Craig-
HB 710-A bill to be entitled An act relating to justices and
judges who are retirees under the Florida Retirement System;
amending s. 121.046(4), Florida Statutes; providing for the
compensation and retirement benefits to be paid to such retirees
while assigned to temporary judicial service; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Craig-
HB 711-A bill to be entitled An act relating to homestead
exemptions; amending s. 196.031(3)(a), Florida Statutes, and
s. 196.101(4), Florida Statutes, 1976 Supplement, providing that
the additional $5,000 homestead tax exemption for persons 65 or
older and the total exemption for quadriplegic and other dis-
abled persons who must use a wheelchair or are legally blind
shall carry over to the spouse upon death of the claimant
under certain conditions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Veterans Affairs, Finance & Taxation, and Appro-
priations.

By Representative Craig-
HB 712-A bill to be entitled An act relating to funeral
directors and embalmers; creating s. 470.105, Florida Stat-
utes; defining continuing education and providing that the
State Board of Funeral Directors and Embalmers shall establish
by rule a program for continuing education; providing that
beginning July 1, 1980, proof of continuing education must
be shown for license renewal; providing exemptions; adding
paragraph (f) to s. 470.08(1), Florida Statutes, 1976 Supple-
ment, to require examination of an applicant for license as
an embalmer by the Conference of Funeral Service Examining
Boards; amending s. 470.35, Florida Statutes, to provide for
an initial license fee of $100 for applicants qualified by re-
ciprocal agreement; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Poole-



HB 713-A bill to be entitled An act relating to the prac-
tice of physical therapy; amending ss. 486.021(1), 486.031(3),



486.041, 486.052, 486.081, 486.103, 486.105, and 486.107, Flor-
ida Statutes; redefining "physical therapy"; revising provi-
sions relating to approval of physical therapy courses; provid-
ing for registration of graduates of physical therapy pro-
grams in foreign countries; providing examination fees for ap-
plicants for registration as physical therapist and physical
therapist assistant; providing fees and procedures for renewal
of registration; providing for cancellation of delinquent cer-
tificates; repealing s. 486.131, Florida Statutes, relating to reg-
istration with Department of Health and Rehabilitative Serv-
ices; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Hattaway-
HB 714-A bill to be entitled An act relating to paid holi-
days observed by state agencies; adding a new subsection (2) to
s. 683.011, Florida Statutes, 1976 Supplement, requiring the
Secretary of Administration to provide for a paid holiday in
lieu of Christmas Day for certain employees in accordance with
their religious beliefs; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By the Committee on Judiciary and Representatives Thomp-
son and Rish-
HB 715-A bill to be entitled An act relating to the issue
of insanity; creating s. 921.131, Florida Statutes; providing
for separate trial proceedings on the issue of insanity after
determination of guilt; amending s. 394.467(3) (b), (4)(a), and
(5), Florida Statutes, conforming provisions relating to the
disposition of persons adjudicated not guilty by reason of in-
sanity; requiring certain notification as to hearings relating to
the continued involuntary hospitalization or release of such
persons; changing the procedure by which release orders for
such persons may be judicially reviewed; limiting to patients
the right to request a jury for certain hearings; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Moffitt-
HB 716-A bill to be entitled An act relating to education;
amending ss. 230.23(4)(n) and 236.081(6)(b), Florida Stat-
utes, 1976 Supplement, to expand the transitional categorical
program for the severely and profoundly retarded to include
all profoundly handicapped children as defined by rules of the
State Board of Education; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Neal-
HB 717-A bill to be entitled An act relating to dentistry;
repealing s. 466.24(3)(g), (h), and (i), Florida Statutes, re-
moving certain grounds for suspension or revocation of the
license of a dentist or dental hygienist; repealing s. 466.27,
Florida Statutes, removing provisions which restrict certain
signs, announcements, and advertisements of dentists; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Grosse-
HB 718-A bill to be entitled An act relating to apprentices;
creating s. 446.075, Florida Statutes, to authorize the Division
of Labor of the Department of Commerce to enter into con-
tracts with the United States Department of Labor and to serve
as registration agent for federal apprenticeship registration
purposes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.



By Representative Margolis-
HB 719-A bill to be entitled An act relating to occupational
license taxes; repealing ss. 205.033(6), (7), 205.043(5), (6),



90



April 5, 1977









April 5, 1977



Florida Statutes, relating to a county or municipality making
monthly reports to the Department of Revenue and filing with
the department the resolution or ordinance authorizing the
tax; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Fechtel--
HB 720-A bill to be entitled An act relating to commerce;
repealing part III of chapter 450, Florida Statutes, the Flor-
ida Farm Labor Registration Law, upon the finalization of an
agreement between the Department of Commerce and the Sec-
retary of Labor of the United States; authorizing the Depart-
ment of Commerce to administer the Federal Farm Labor
Contractor Registration Act; providing for unexpended funds;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Commerce and Appropriations.

By Representative Hollingsworth-
HB 721-A bill to be entitled An act relating to motion
pictures; prohibiting the exhibition of a preview of any movie
rated other than 'G" on the same program with a "G" rated
feature film; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Patchett-
HB 722-A bill to be entitled An act relating to recall;
amending s. 100.361, Florida Statutes, providing for the recall
of any elected official of municipalities with at least 500 regis-
tered electors, counties, and charter counties; providing duties
of supervisors of elections; providing for circulation of petitions
and holding of recall elections; providing for filling of vacan-
cies; providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Elections and Appropriations.

By Representative Fechtel-
HCR 723-A concurrent resolution recognizing the exemplary
services performed and accomplishments attained by David
M. Newell in the interest of the conservation of the state.
-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representative Papy-
HB 724-A bill to be entitled An act relating to casualty
insurance contracts; amending s. 627.7262(1), Florida Statutes,
1976 Supplement, authorizing certain local insurance adjusters
representing insurers who provide motor vehicle liability in-
surance to file required statements with respect to legal ac-
tions involving insured parties; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Papy-
HB 725-A bill to be entitled An act relating to wrongful
death; amending s. 768.18(1) and (2), Florida Statutes, rede-
fining "survivors" and "minor children" as used in the Florida
Wrongful Death Act; amending s. 768.21(1), (3), and (4),
Florida Statutes, removing limitations upon the recovery of
damages in wrongful death actions by children for the loss
of their parent and by a parent for the loss of his child; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Papy-



HB 726-A bill to be entitled An act relating to damages;
exempting persons from liability for exemplary or punitive
damages for the wrongful act of another unless such persons



JOURNAL OF THE HOUSI



By Representative T. Lewis-
HB 732-A bill to be entitled An act for the relief of Mar-
garet Case of Palm Beach County; providing an appropriation
to compensate her for losses sustained by injury resulting from



OF REPRESENTATIVES 91

participate in or authorize or ratify such act; providing an ef-
fective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Grizzle-
HB 727-A bill to be entitled An act relating to dissolution
of marriage; amending s. 61.08, Florida Statutes, delineating the
factors which shall be considered by the court in the granting
of alimony; creating s. 61.085, Florida Statutes, to delineate the
factors to be considered by the court in the division of prop-
erty; amending s. 61.13(1), Florida Statutes, requiring the court
to consider certain economic factors regarding child custody
and support; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Hodges-
HB 728-A bill to be entitled An act for the relief of Anna
Mae Martin; providing an appropriation to compensate her
for the death of her husband, Carroll L. Martin, due to the
negligence of the Department of Transportation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Hodges-
HB 729-A bill to be entitled An act relating to state uni-
versities; prohibiting the use of stadium seats within any
stadium of any state university; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations,

By Representative Hodges-
HB 730-A bill to be entitled An act relating to osteopathy;
amending s. 459.03(1), Florida Statutes, and adding subsection
(6), exempting the practice of allopathic medicine and stu-
dents practicing in supervised, approved extern programs
from the requirements of chapter 459; amending ss. 459.06(5)
and (6) and 459.09, Florida Statutes; providing for fees and
for conditions for retaking the examination to practice as an
osteopathic physician; providing for acceptance of internship
programs substantially equivalent to those approved by the
American Osteopathic Association; amending s. 459.11(1) and
(2), Florida Statutes, 1976 Supplement; deleting certain re-
quirements with regard to issuance of a license without ex-
amination; making issuance of limited licenses to certain per-
sons discretionary; amending s. 459.21, Florida Statutes, pro-
viding conditions for payment of compensation and expenses
of members of the State Board of Osteopathic Medical Exam-
iners; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing, Finance & Tax-
ation, and Appropriations.

By Representative Langley-
HB 731-A bill to be entitled An act relating to burglary;
adding s. 810.02(4), Florida Statutes; providing for a mini-
mum sentence of imprisonment without parole for persons con-
victed of burglary; authorizing probation except in certain
circumstances; providing that if the minimum sentence is im-
posed, it may be served in the county jail; providing that any
county in which a person is imprisoned for burglary shall be
reimbursed by the Department of Offender Rehabilitation for
the costs incurred thereby; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.









92 JOURNAL OF THE HOUSE

a fall caused by debris carelessly left by state employees on
state property; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative McPherson--
HB 733-A bill to be entitled An act relating to county
court judges; amending s. 34.022(6), Florida Statutes, 1976
Supplement; providing for five additional county court judges
in Broward County; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative McPherson-
HB 734-A bill to be entitled An act relating to circuit
judges; amending s. 26.031(1)(q), Florida Statutes, 1976 Sup-
plement; providing five additional circuit judges in the seven-
teenth judicial circuit; providing an appropriation; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Hodges-
HB 735-A bill to be entitled An act relating to the South-
west Florida Water Management District; providing for the
relief of Anna Mae Martin; authorizing and directing the
Southwest Florida Water Management District to compensate
her for the death of her husband, Carroll L. Martin due to the
negligence of the district; providing an effective date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Dyer-
HB 736-A bill to be entitled An act relating to county
boundaries; amending ss. 7.06 and 7.13, Florida Statutes, to
extend the boundaries of Broward County to include certain
property in Dade County; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative McKnight--
HB 737-A bill to be entitled An act relating to abortion
clinics; providing definitions; providing for licensing and regu-
lation by the Department of Health and Rehabilitative Services;
providing for denial, suspension and revocation of licenses; pro-
viding administrative penalties; prohibiting certain acts and
providing penalties; providing injunctive relief; providing sev-
erablity; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services, Finance & Tax-
ation, and Appropriations.

By Representative McKnight--
HB 738-A bill to be entitled An act relating to greyhound
racing; making it unlawful for any greyhound racing permitted
or licensee to own or control, either directly or indirectly, any
financial interest in a racing greyhound or greyhound kennel;
requiring an oath of such permitted or licensee; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative McKnight-



E



HB 739-A bill to be entitled An act relating to state capital
projects for environmentally endangered lands and outdoor rec-
reation lands under the Land Conservation Act of 19,72; amend-
ing s. 380.05(1) (a), Florida Statutes; providing that the state
land planning agency include, in its recommendations to the
Administration Commission for designation of an area of criti-



SOF REPRESENTATIVES April 5, 1977

cal state concern, recommendations as to the purchase of lands
within such area as environmentally endangered lands or out-
door recreation lands; adding s. 259.04(3), Florida Statutes;
providing that the Department of Natural Resources be re-
quired to make recommendations to the head of the department
as to purchase of lands within an area of critical state concern
for such purposes; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Appropriations.

By Representative McKnight-
HB 740-A bill to be entitled An act relating to nonresiden-
tial landlord-tenant relationships; creating s. 83.252, Florida
Statutes; providing that a security deposit or advance rent pay-
ment held in excess of 3 months be held in a separate account
unless a surety bond is posted; providing for return of deposit
or notice of claim thereon within 15 days after termination of
the lease; providing for deduction of the amount of the claim
upon the tenant's failure to object within 15 days; providing
that a tenant who fails to give 7 days' notice prior to vacating
the premises waives his right to notice; providing for court
costs and attorney's fees; providing a saving clause; providing
an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.

By Representative Batchelor-
HB 741-A bill to be entitled An act relating to the State
Community College Council; amending s. 230.751(1), Florida
Statutes; increasing council membership; providing that mem-
bers shall be community college district board trustees at time
of appointment; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Hodges-
HB 742-A bill to be entitled An act relating to stone crabs;
extending, for calendar year 1977, the stone crab season by 30
days; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Natural Resources.

By Representative Maxwell (by request)-
HB 743-A bill to be entitled An act for the relief of Jack
Forte; providing an appropriation to compensate him for the
wrongful taking of his property by the State of Florida; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Eckhart-
HB 744-A bill to be entitled An act relating to fraudulent
practices; prohibiting persons devising certain fraudulent
schemes from using the U.S. Postal Service to effect such
schemes; prohibiting certain persons from receiving mail mat-
ter addressed to a fictitious name or address under certain
circumstances; prohibiting persons from using wire, radio, or
television communication in interstate or foreign commerce for
the purpose of executing certain fraudulent schemes; providing
penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

MR. ECKHART IN THE CHAIR

By Representative Cherry-



HB 745-A bill to be entitled An act relating to marriage;
providing that any common law marriage entered into on or
after July 1, 1977, is valid; repealing s. 741.211, Florida Stat-
utes, relating to the current invalidity of common law mar-
riages; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Judiciary.









JOURNAL OF THE HOUSI



By Representative Hagler-
HB 746-A bill to be entitled An act relating to abandoned
property; amending s. 705.18, Florida Statutes, to provide for
the sale of personal property lost or abandoned on community
college campuses and for the disposition of proceeds therefrom;
providing an effective date.
"-was read the first time by title and referred to the Com-
mittee on Education.

By Representative Hagler-
HB 747-A bill to be entitled An act relating to universities
and agencies under the jurisdiction of the Board of Regents;
providing for regulation of traffic; amending s. 239.53, Florida
Statutes; providing additional definitions; providing for the
adoption of traffic rules by each such institution or agency;
amending s. 239.54, Florida Statutes; requiring the posting,
filing, and availability of such rules; providing for applicability
of municipal traffic ordinances and provisions of state law;
amending s. 239.55, Florida Statutes, 1976 Supplement; pro-
viding for violations and penalties; amending s. 239.56, Florida
Statutes; providing procedure for payment of fines and adop-
tion of a procedure for a hearing upon a violation; deleting
current provisions of law relating to jurisdiction of municipal
courts and campus traffic courts, and to violation fees and cash
bonds; amending s. 239.57, Florida Statutes; providing for dis-
position of parking fees and traffic fines; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Transportation and Appropriations.

By Representative Gustafson-
HB 748-A bill to be entitled An act relating to campaign
financing; amending s. 106.08(1), Florida Statutes, reducing the
maximum allowable amount of campaign contributions by any
person or political committee; amending s. 106.09(1) and (2),
Florida Statutes, reducing the maximum allowable cash contri-
bution which may be made without a required contribution
statement; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Elections.

By Representative Andrews-
HB 749-A bill to be entitled An act relating to the Board
of Regents; amending s. 240.191, Florida Statutes, which au-
thorizes the board to secure liability insurance or provide for
such insurance as a self-insurer; providing that faculty, stu-
dents, and certain professional practitioners may be included
in such insurance; providing for administration of a self-insur-
ance program; providing for rules and deleting reference to
approval by the Department of General Services; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Education and Appropriations.

By Representative Foster-
HB 750-A bill to be entitled An act relating to conversion;
providing that the illegal conversion of another's personal prop-
erty including personal property leased, rented, or entrusted
to the offender is illegal conversion; providing a specific series
of actions which constitute prima facie intent to commit the
crime; providing a definition; providing a penalty; providing
for the determination of the value of the property converted;
providing for an affirmative defense to the crime; providing an
effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By the Committee on6 Agriculture & General Legislation--
HB 751-A bill to be entitled An act relating to the Citrus



Code; amending s. 601.10(8), Florida Statutes, 1976 Supple-
ment; authorizing the Department of Citrus to prepare and
maintain a citrus grower mailing list for department refer-
endum and official use; providing limitations on use of list;
providing exemption from the public records law and require-
ment for state agencies to purge mailing lists; providing access



April 5, 1977



HB 757-A bill to be entitled An act relating to the Citrus
Code; amending s. 601.9909, Florida Statutes; increasing the
maximum Brix and ratio levels for frozen concentrated orange
juice; deletes the provision which provides that such section
shall not prohibit the sale of certain frozen concentrated orange



SOF REPRESENTATIVES 93

by Auditor General and persons specifically authorized by the
Florida Citrus Commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Agriculture & General Legislation-
HB 752--A bill to be entitled An act relating to the Depart-
ment of Citrus; repealing s. 601.12, Florida Statutes, which
provides for publication, effectiveness, protests, hearings, and
judicial review of rules of the Department of Citrus, which pro-
cedure is in conflict with the Administrative Procedures Act
regarding uniform procedures for agency rulemaking; pro-
viding an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Agriculture & General Legislation-
HB 753-A bill to be entitled An act relating to the Citrus
Code; amending s. 601.154, Florida Statutes; redesignating the
"Orange Stabilization Act of Florida" the "Citrus Stabilization
Act of Florida"; authorizing the promoting, subsidizing and
underwriting of grapefruit, tangerines and regulated citrus
hybrids and products thereof in addition to oranges and orange
products; providing for the encouragement of the development
or expansion of all markets rather than just new or secondary
markets; eliminating the necessity that advertising, merchan-
dising and sales promotion for new or larger markets supple-
ment existing programs; providing for transfer of excess funds
to the Florida Citrus Advertising Trust Fund; providing for
the use of the transferred funds; deleting requirement of De-
partment of Citrus' consideration of approval or disapproval
of cooperative associations of producers for marketing orders;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Agriculture & General Legislation-
HB 754-A bill to be entitled An act relating to the Citrus
Code; amending s. 601.45, Florida Statutes; clarifying existing
language; providing for grading in registered packinghouses;
providing for designation of grade, or alternatively a brand or
trademark, on the fruit or container; providing for registration
of labels for grade purposes and record of same; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Agriculture & General Legislation-
HB 755-A bill to be entitled An act relating to the Citrus
Code; amending s. 601.48, Florida Statutes; clarifying existing
language; providing for grading in registered processing plants;
providing for designation of grade on containers; providing
for registration of labels for grade purposes and record of
same; excluding intrastate shipments between licensed citrus
fruit dealers from grade labeling requirements; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Agriculture & General Legislation-
HB 756-A bill to be entitled An act relating to the Citrus
Code; adding s. 601.57(6), Florida Statutes; providing certain
employees of the Department of Citrus access to criminal jus-
tice information for investigation of citrus fruit dealer license
applications; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Agriculture & General Legislation-









JOURNAL OF THE HOUSE OF REPRESENTATIVES



juice in institutional size containers and which authorizes the
Department of Citrus to define institutional size containers and
establish the Brix range for certain frozen concentrated orange
juice; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By the Committee on Agriculture & General Legislation-
HB 758-A bill to be entitled An act relating to the Citrus
Code; amending s. 601.9913, Florida Statutes; providing a defi-
nition of high density frozen concentrated orange juice; pro-
viding standard and labeling requirements for different size
containers; providing for Department of Citrus rulemaking as
to composition and container definitions; providing for inspec-
tion and payment of fees; providing for permit issuance for
existing label inventory; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Agriculture & General Legislation-
HB 759-A bill to be entitled An act relating to the Florida
Citrus Code; amending s. 601.151(3) and (5), Florida Statutes;
expanding the definition of advertising to include promotional
activities approved by the Florida Citrus Commission; author-
izing the Department of Citrus to use certain taxes for special
advertising of fruit taxed; providing an effective date.
--was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Agriculture & General Legislation-
HB 760-A bill to be entitled An act relating to the Florida
Citrus Code; amending s. 601.157(4) (d), Florida Statutes, re-
lating to tax on processed grapefruit products, expanding the
definition of advertising to include promotional activities ap-
proved by the Florida Citrus Commission; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Hector-
HB 761-A bill to be entitled An act relating to the Depart-
ment of Business Regulation; adding s. 20.16(12), Florida Stat-
utes; authorizing the establishment of uniform application
forms and certificates of license within the department; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Warner and Adams-
HB 762-A bill to be entitled An act relating to consumer
protection; creating s. 501.138, Florida Statutes, prohibiting
retail food dealers from placing certain conditions upon the
eligibility of consumers to purchase an item at a certain price;
providing a penalty; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representatives Warner and Adams--

HB 763-A bill to be entitled An act relating to the Fine
Arts Council; adding subsection (7) to s. 265.29, Florida Stat-
utes, 1976 Supplement, authorizing the council to expend appro-
priations; providing that funds appropriated under this section
shall be distributed by the council on a per capital basis to the
governing body of each county; providing that such funds shall
be distributed by such governing body to worthwhile and effec-
tive fine arts projects; repealing s. 265.30, Florida Statutes,
1976 Supplement, removing provisions which authorize the Di-



vision of Cultural Affairs of the Department of State to accept
and administer state appropriations for fine art grants; pro-
viding an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.



By Representatives Warner and Adams-
HB 764-SF-A bill to be entitled A proposal relating to ad-
vertising of fees for professional services.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Considine-
HB 765-A bill to be entitled An act for the relief of the
personal representative of the estate of Althea Jaudon; pro-
viding compensation for the loss of Wilfred M. Jaudon, who
died from injuries received in a boating accident as the result
of the negligence of a marine patrol operator of a boat be-
longing to the Department of Natural Resources; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Claims.

By Representative Forbes-
HB 766-A bill to be entitled An act relating to banking;
creating chapter 662, Florida Statutes, the Florida Multiple-
Party Accounts Act; providing definitions; authorizing the
creation of such accounts in state and federal financial insti-
tutions including, but not limited to, banks and trust companies,
savings banks, building and loan associations, savings and loan
companies or associations, and credit unions; providing for the
ownership of multiple-party accounts during life and after
death; providing for the rights of parties, creditors, and fi-
nancial institutions with respect to payment of such accounts;
providing for protection of financial institutions upon payment
of such accounts including the right of set-offs; providing for
payment at death; amending s. 689.15, Florida Statutes, to
include multiple-party accounts; repealing ss. 656.33, 656.34,
659.29, 659.291, 659.30, 665.271, and 665.291, Florida Statutes,
relating to multiple-party accounts in various institutions, to
conform to provisions of this act; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Commerce.

By Representative Robinson-
HJR 767-A joint resolution proposing an amendment to
Section 2 of Article III of the State Constitution prohibiting
any person from serving two consecutive terms as President of
the Senate or Speaker of the House of Representatives.
-was read the first time by title and referred to the Com-
mittees on Rules & Calendar and Appropriations.

By Representative T. Lewis-
HB 768-A bill to be entitled An act relating to prescription
and administration of laetrile; prohibiting hospitals and health
facilities from interfering with the physician-patient relation-
ship by restricting use of amygdalin laetrilee); providing con-
ditions; providing for written release; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Kirkwood--
HB 769-A bill to be entitled An act relating to a straw
ballot referendum; relating to the Equal Rights Amendment to
the United States Constitution; proposing a certain question
to the voters of Florida and placing said question before the
voters in the first primary election to be held on September
12, 1978; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Health & Rehabilitative Services and Appropria-
tions.

By Representative Gersten-
HB 770-A bill to be entitled An act relating to excise tax
on documents; creating s. 125.0166, Florida Statutes; author-



izing each county by ordinance to levy a discretionary surtax
to be deposited in a Home Ownership Assistance Loan Trust
Fund for home ownership assistance purposes; providing limi-



94



April 5, 1977









JOURNAL OF THE HOUSE OF REPRESENTATIVES



stations and procedures; creating s. 201.031, Florida Statutes,
providing for the levy of the surtax authorized under the pro-
visions of this act; providing for administration, collection, and
distribution of the proceeds of the surtax for home ownership
assistance programs; providing for an annual report to the
Department of Banking and Finance; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs, Finance & Taxation, and Ap-
propriations.

By Representative Gersten-
HB 771-A bill to be entitled An act relating to regulation
of telephone companies; creating s. 364.195, Florida Statutes,
requiring such companies to list married women's names along
with their husbands' in telephone directories upon request;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Regulated Industries & Licensing.

By Representative Gersten--
HB 772-A bill to be entitled An act relating to the Medical
Practice Act; amending s. 458.01, Florida Statutes; changing
the membership of the State Board of Medical Examiners;
amending s. 458.02(1), Florida Statutes; providing for appoint-
ment to the board of citizens who are not physicians; amend-
ing s. 458.04, Florida Statutes; providing for increased reim-
bursement for board members; providing for not less than two
regular meetings annually; repealing four successive weekly
notice requirement; amending ss. 458.05(3) (a), 458.09, Florida
Statutes; eliminating written examination requirement; amend-
ing s. 458.121(1), Florida Statutes; eliminating provision for
complainant to deliver ten copies of charges to the board;
amending s. 458.122(1), Florida Statutes; including the execu-
tive director among those who are authorized to require produc-
tion of evidence for hearings; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representative Becker--
HB 773-A bill to be entitled An act relating to law enforce-
ment; amending s. 901.25, Florida Statutes; authorizing sheriffs
and deputy sheriffs, as well as municipal police officers, to
make fresh pursuit of a person within certain areas outside
their jurisdiction for certain violations; authorizing such law
enforcement officers to make lawful arrests anywhere in the
state under certain conditions; permitting sheriffs, deputy
sheriffs, and municipal police officers to respond to certain re-
quests for assistance in certain other jurisdictions; providing
procedures following arrest of a person in another jurisdiction
when not in fresh pursuit; providing liability of the employing
municipality or county for actions of such officers in the scope
of their employment; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representatives Becker and Adams-
HB 774-A bill to be entitled An act relating to fishing
licenses; adding paragraph (f) to s. 372.57(4), Florida Stat-
utes, 1976 Supplement; excepting certain retarded persons from
the payment of fees for fishing licenses; providing an effective
date.
-was read the first time by title and referred to the Com-
mittees on Natural Resources and Finance & Taxation.

By Representatives Becker and Adams--
HB 775-A bill to be entitled An act relating to the Florida
Consumer Finance Act; repealing s. 516.05(2) (b), Florida Stat-
utes, relating to the authority of the Department of Banking
and Finance to grant a license to a person to make and collect
loans under the provisions of the Florida Consumer Finance



Act, eliminating the requirement that approval must be based
upon a finding that the issuance of such a license will promote
the convenience and advantage of the community; providing an
effective date.



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

By Representatives Becker and Adams-
HB 776-A bill to be entitled An act relating to fraud; pro-
hibiting the use of the United States mail system in the execu-
tion or the attempted execution of a scheme to defraud, obtain
money or property by false pretenses, or sell, dispose of, loan,
exchange, alter, give away, distribute, supply, or furnish or
procure for unlawful use any counterfeit or spurious coin, ob-
ligation, security, or other article; prohibiting the carrying on
of such a scheme or any other unlawful business through the
mail system using a fictitious, false, or assumed title, name, or
address without being registered under the Fictitious Name
Statute; prohibiting the execution of a scheme to defraud or for
obtaining money or property by false pretenses by means of
wire, radio, or television communication in interstate or foreign
commerce; providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Gustafson-
HJR 777-A joint resolution of apportionment; providing
that the Senate of the Florida Legislature shall be composed
of twice the number of Representatives to Congress from the
state; providing for dual-member senatorial districts identical
to congressional districts; providing for the representation of
and election from such districts; providing that the House of
Representatives of the Florida Legislature shall be composed
of five times the number of Representatives to Congress from
the state; providing that each dual-member senatorial district
shall contain five single-member representative districts; de-
claring the state policy followed by the Legislature in such
apportionment; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By Representative Gustafson-
HJR 778-A joint resolution proposing an amendment to
Section 16 of Article III of the State Constitution relating to
legislative apportionment.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By the Committee on Transportation-
HB 779-A bill to be entitled An act relating to state uni-
form traffic control; amending s. 316.131(3), Florida Statutes,
relating to uniform traffic signals and devices, extending the
mandatory compliance date with respect to traffic control sig-
nals purchased prior to January 1, 1972, to January 1, 1980;
providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

By Representatives Warner and Adams-
HB 780-A bill to be entitled An act relating to the regula-
tion of public utilities; creating s. 366.14, Florida Statutes, re-
stricting advertising by public utilities regulated by the Flor-
ida Public Service Commission; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropria-
tions.

By Representatives Warner and Adams-
HB 781-A bill to be entitled An act relating to medical
practice; creating s. 458.24, Florida Statutes, requiring licensed
practitioners of the healing arts who order the admission of a
patient to a hospital or other health facility to disclose any
financial interest in such facility; providing a penalty; pro-
viding an effective date.



-was read the first time by title and referred to the Com-
mittees on Regulated Industries & Licensing and Appropriations.



95



April 5, 1977









96 JOURNAL OF THE HOUSE

By Representative Kiser-
HB 782-A bill to be entitled An act relating to the consti-
tution revision commission; providing that the Governor, in
consultation with the Speaker of the House of Representatives,
President of the Senate, Chief Justice of the Supreme Court,
and Attorney General, may appoint staff to collect information
for the commission; providing appropriations for such purpose
and for the printing and distribution of the commission's rec-
ommendations; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Fechtel-
HB 783-A bill to be entitled An act relating to larceny;
amending s. 812.021, Florida Statutes; providing for the crimes
of grand larceny in the first degree and in the second degree;
providing penalties; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Criminal Justice and Appropriations.

By Representative Craig-
HB 784-A bill to be entitled An act relating to institutions
of higher learning; repealing s. 241.471(3), Florida Statutes,
removing provisions which declare that counties are liable to
the University of Florida Medical Center for the costs of treat-
ing certain indigent patients transferred by the county to the
center; removing provisions requiring counties to set moneys
aside for and pay such costs, and provisions requiring the pay-
ment of such costs by the Department of Banking and Finance
under certain circumstances; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Education.

By Representatives Allen and Kirkwood-
HB 785-A bill to be entitled An act relating to tax exemp-
tion; amending ss. 196.031(1) and (2) and 196.041, Florida Stat-
utes; providing that members of certain homes for the aged
shall be entitled to homestead exemption with respect to the
unit or apartment they occupy; creating s. 196.1977, Florida
Statutes, and repealing s. 196.1975, Florida Statutes, 1976 Sup-
plement; revising provisions relating to determination of ad
valorem tax exemption of property of homes for the aged; cre-
ating s. 196.1978, Florida Statutes; providing that portions of
real property and tangible personal property of a nonprofit
home for the aged used for religious or medical purposes shall
be exempt from ad valorem taxation; repealing s. 196.1976,
Florida Statutes, 1976 Supplement, relating to nonseverability
of certain provisions; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Jones-
HB 786-A bill to be entitled An act relating to motor car-
riers; amending s. 323.01(4), (6), (10) and (18), Florida Stat-
utes, 1976 Supplement, and adding subsections, providing defi-
nitions; creating s. 323.011, Florida Statutes, providing a fee
schedule for various applications or petitions for hearings re-
lating to motor carriers and a penalty fee schedule for viola-
tions by motor carriers; providing for the disposition of moneys
collected from such fees and penalties; providing a new fee for
temporary authority to operate a motor carrier; increasing and
decreasing certain existing application, cab card and other fees;
amending s. 323.02, Florida Statutes, 1976 Supplement, relating
to the prohibited operation of a motor carrier without a cer-
tificate or permit; amending s. 323.03, Florida Statutes, re-
lating to the issuance of certificates of convenience to combine
all types of motor carriers within its provisions; specifying
items to be considered in issuing a certificate and providing for
the issuance thereof absent timely protest; provides for the



issuance of temporary certificates; deleting provisions requiring
a hearing if no protests filed; creating s. 323.032, Florida Stat-
utes, transferring provisions relating to detour authority for
charter carriers and to charter rights; amending s. 323.041(2)
and (6), Florida Statutes, deleting provisions relating to the
refund of fees to applicants for the transfer of certificates
under certain circumstances; authorizing the Public Service
Commission to cancel any duplicating authority involved in the



I!



E OF REPRESENTATIVES April 5, 1977

reissuance of a transfer of a certificate; amending s. 323.042,
Florida Statutes, deleting the hearing requirement for deter-
minations of whether multiple transportation authority by a
motor carrier is contrary to the public interest; amending s.
323.05, Florida Statutes, exempting specified motor carriers
and types of transportation from requirements of securing a
certificate but requiring them to secure permits; providing a
procedure for the issuance of such permits; prohibiting the
assignment, sale or transfer of permits; creating s. 323.053,
Florida Statutes, requiring taxicab operators to obtain a master
taxi permit; providing for the application for such permits by
motor carriers; exempting taxicab operators operating wholly
within a municipality or its suburban areas or within certain
counties; creating s. 323.054, Florida Statutes, authorizing mu-
nicipalities to regulate motor carriers within their boundaries
and suburban areas; amending s. 323.06(1) and (3), Florida
Statutes, authorizes the commission to fix the amount of in-
surance required of carriers from time to time instead of only
at the issuance of the certificate or permit; clarifying informa-
tion to be supplied by carriers wishing to self-insure; amend-
ing s. 323.08, Florida Statutes, specifying items to be considered
by the commission in fixing rates and charges for motor car-
riers; deleting provisions requiring a public hearing for rate
increases; authorizing charter carriers and newspaper carriers
to negotiate their compensation with the parties to be served;
amending s. 323.09, Florida Statutes, deleting provisions re-
lating to mileage reports maintained by certificate and permit
holders; amending s. 323.10(1), (3) and (5), Florida Statutes,
relating to the application fee for suspensions of operations
of certificate holders; amending s. 323.15(1), (2) and (6),
Florida Statutes, incorporating various road taxes imposed upon
motor carriers into categories based upon capacity and loca-
tion of operation; amending s. 323.16, Florida Statutes, 1976
Supplement, relating to separate accounts kept with respect to
moneys collected from motor carriers; amending s. 323.21, Flor-
ida Statutes, authorizing commission investigators to inspect
the contents of trucks and motor carriers; amending s. 323.22,
Florida Statutes, 1976 Supplement, authorizing motor carriers
to obtain emergency or trip-lease permit cards to identify ve-
hicles under certain circumstances; amending s. 323.28(2), Flor-
ida Statutes, conforming fee provisions to the act; amending
s. 323.29, Florida Statutes, 1976 Supplement, relating to trans-
portation exempted from regulation of motor carriers; repeal-
ing s. 323.01(9), Florida Statutes, which defines "for hire"
for purposes of the regulation of motor carriers; repealing s.
323.031, Florida Statutes, relating to certificates for the haul-
ing of construction aggregates; repealing s. 323.04, Florida
Statutes, relating to requirements for obtaining a contract
carrier certificate; repealing s. 323.051, Florida Statutes, re-
lating to single county road aggregate permits; repealing s.
323.14(2)-(8), Florida Statutes, relating to charter carriers, to
conform to the act; repealing s. 323.151, Florida Statutes, re-
lating to the imposition of additional taxes on certificates and
permits; repealing s. 323.19, Florida Statutes, which prohibits
carriers from varying from tariffs which are on file; repealing
s. 323.191, Florida Statutes, which permits carriers to negotiate
fees for carrying newspapers; repealing s. 323.20, Florida Stat-
utes, conforming suspension provisions to the act; repealing
s. 323.27, Florida Statutes, which exempts certain carriers from
being considered common carriers; repealing s. 323.33, Florida
Statutes, conforming fee provisions to the act; providing an
effective date.
--was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representative Nuckolls-
HB 787-A bill to be entitled An act relating to driver's
licenses; amending ss. 322.03(1), 322.12(2), and 322.14, and
adding paragraph (d) to s. 322.16(2), Florida Statutes; re-
quiring operators of motorcycles and motor-driven cycles to
have an operator's, chauffeur's or restricted operator's license
bearing an endorsement to the effect that they are qualified
to operate same; requiring that an applicant for such an en-
dorsement be observed operating a motorcycle or motor-driven
cycle as part of the driving ability examination; providing for
the endorsement of licenses; providing an effective date.



--was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appropria-
tions.

By Representatives Steinberg and Lockward-
HB 788-A bill to be entitled An act relating to insurance;
amending s. 627.458(1), Florida Statutes, to permit a maximum









April 5, 1977



JOURNAL OF THE HOUSE OF REPRESENTATIVES



97



policy loan rate of 8 percent; providing that present policies trends depicting violence, sex and certain trends in commer-
shall not be affected; providing an effective date. cialization.



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

By Representatives Steinberg and Barrett-
HB 789-A bill to be entitled An act relating to ancient
motor vehicles; amending s. 325.12, Florida Statutes; providing
that licensed ancient motor vehicles are exempt from safety
equipment inspection requirements; repealing s. 325.18, Florida
Statutes, concerning safety equipment inspection of ancient
automobiles; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Transportation, Finance & Taxation, and Appro-
priations.

By Representatives Fortune, Morgan, James, Batchelor, Hec-
tor, and Bloom-
HB 790-A bill to be entitled An act relating to planning and
budgeting by state agencies; amending s. 216.141, Florida Stat-
utes; requiring the Department of Administration, in consulta-
tion with and with the concurrence of the Joint Legislative
Management Committee and the Auditor General, to prescribe
a budget system and related reporting and evaluating systems;
designating the accounting system developed by the Auditor
General pursuant to s. 11.46, Florida Statutes, as the State of
Florida Accounting System; requiring the Comptroller to use
such system; requiring the Comptroller, with the concurrence
of the Auditor General, to develop and implement a plan to im-
plement such accounting system in all state agencies; requiring
the Comptroller to make quarterly reports; providing for con-
tracting with the Legislature for data processing; providing
for transferring equipment to the Division of Electronic Data
Processing; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By the Committee on Regulated Industries & Licensing-
HB 791-A bill to be entitled An act relating to public ac-
countancy; creating ss. 473.32-473.53, Florida Statutes, com-
pletely replacing the current chapter on Public Accountancy;
providing for a State Board of Accountancy; providing for
qualifications to become a certified public accountant; providing
for reciprocity with respect to certified public accountants from
other states; providing for the issuance of permits and requir-
ing certified public accountants to periodically reestablish their
professional knowledge and competency through continuing
professional education; requiring certified public accountants
to register wtih the board; providing rules under which part-
nerships and professional service corporations of certified pub-
lic accountants may practice; requiring such partnerships and
corporations to register with the board; providing for the issu-
ance of temporary permits; providing for the revocation or
suspension of certificates, permits to practice, or temporary
permits; providing for the revocation or suspension of registra-
tion of partnerships or corporations; providing procedures for
enforcement; providing for reinstatement; prohibiting the use
of titles indicating that a person, firm, or corporation is a CPA
under certain circumstances; prohibiting unauthorized persons
to attest that they are CPA's unless they have a permit; pro-
hibiting CPA's from performing certain acts; providing ex-
ceptions; providing a procedure to enjoin violations of this
chapter; providing a penalty; providing that a single act in
violation of this chapter is enough to prove unlawful practice;
providing for the ownership of a CPA's work product; pro-
hibiting the issuance of occupational licenses in accountancy to
persons who do not have a permit to practice; repealing ss.
473.011-473.31, Florida Statutes, which is the current law on
public accountancy; providing an effective date.
--was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative T. Lewis--
HM 792-A memorial to the Congress of the United States,
petitioning Congress to urge the Federal Communications Com-
mission to hold public hearings to determine if the public de-
sires a reversal of current television industry programming



-was read the first time by title and referred to the Com-
mittee on Agriculture & General Legislation.

By Representative Allen-
HB 793-A bill to be entitled An act relating to the Lower
Florida Keys Hospital District, Monroe County; amending sec-
tion 26 of chapter 67-1724, Laws of Florida, providing for
signing warrants for funds of the district; providing an effec-
tive date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Allen-
HB 794-A bill to be entitled An act relating to the Lower
Florida Keys Hospital District, Monroe County; amending sec-
tion 31 of chapter 67-1724, Laws of Florida, providing for the
disposal of real or personal property of the district; providing
an effective date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Allen-
HB 795-A bill to be entitled An act relating to the Lower
Florida Keys Hospital District, Monroe County; amending sec-
tion 7 of chapter 67-1724, Laws of Florida, changing the amount
of purchase necessary to advertise for bids; providing an effec-
tive date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.

By Representative Allen-
HB 796-A bill to be entitled An act relating to The Lower
Florida Keys Hospital District, Monroe County; amending
section 2 of chapter 67-1724, Laws of Florida, as amended,
changing the number of board of commissioners, providing for
removal of commissioners by governing body, deleting require-
ment to be freeholder; providing an effective date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittee on Community Affairs.
By Representative Allen-
HB 797-A bill to be entitled An act relating to the Lower
Florida Keys Hospital District, Monroe County; adding section
40 to chapter 67-1724, Laws of Florida, as amended; providing
for exemption of the district from the application of chapter
120, Florida Statutes; providing an effective date.
Proof of publication of the required notice was attached.
-was read the first time by title and referred to the Com-
mittee on Governmental Operations.

HB 798-Withdrawn

By Representative Allen-
HB 799-A bill to be entitled An act relating to public
buildings; providing that plans for public buildings provide an
adequate number of windows for natural ventilation and cool-
ing; providing duties of the Department of General Services;
providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Governmental Operations and Appropriations.

By Representative Allen-
HB 800-A bill to be entitled An act relating to highways
and bridges; providing an appropriation for the purpose of





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