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

Journal
of the

House of Rep

rese

ntatives

Special

I

Session

of the

Fifth Legislature
[under the Constitution as Revised in 1968]
JUNE 22 through JUNE 24, 1977

0lje Joural OF THE

'Vouse of Itpreseijtatives

SPECIAL SESSION

Wednesday, June 22, 1977

Beginning of a Special Session of the Fifth Legislature under the Constitution as Revised in 1968, convened by
Proclamation of the Governor and held at the old Capitol in the City of Tallahassee in the State of Florida, on
Wednesday, June 22, 1977.

The House was called to order at 12:00 Noon by the Honorable
Donald L. Tucker, Speaker, pursuant to the following proclama-
tion of the Governor, which was read:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
Proclamation Convening Second Special Session
WHEREAS, the Legislature, during the Regular Session of
1977 failed to enact a General Appropriations Act or provide ade-
quate financing for necessary programs and activities of State
Government, and
WHEREAS, by Proclamation dated June 3, 1977 as amended by
Proclamation dated June 14, 1977, the Legislature of the State
of Florida was convened in Special Session from Wednesday,
June 8, 1977 to Friday, June 17, 1977, and
WHEREAS, during the first Special Session, the Legislature
of the State of Florida enacted a General Appropriations Act,
but failed to provide proper and adequate financing for the
General Appropriations Act, and
WHEREAS, it is necessary and in the best interest of the
State to call a Second Special Session so that the Legislature
may consider additional legislative business,
NOW, THEREFORE, I, REUBIN O'D. ASKEW, Governor of
the State of Florida, in obedience to my constitutional duty and
by virtue of the power and authority vested in me by Section 3,
Article III, constitution of Florida (1968), do hereby proclaim
as follows:
1. That the Legislature of the State of Florida be, and is
hereby convened in Special Session pursuant to Article III, Sec-
tion 3(c), Florida Constitution, at the Capitol, Tallahassee, Flor-
ida at 12 o'clock noon on Wednesday, the 22nd of June A. D.
1977, to and until 12 o'clock midnight, Friday, the 24th day of
June A. D. 1977.
2. The Legislature of the State of Florida is convened for the
sole and exclusive purpose of considering the enactment of the
following:
(a) Legislation related to taxation necessary to adequately
and properly finance the General Appropriations Bill,
(b) Legislation necessary to implement the General Appro-
priations Bill,
(c) Legislation relating to reduction of the level of assess-
ment of the inventory tax,
(d) Amendment of the Compensatory Education Act passed
in the previous Special Session,

(e) Legislation relating to the Canal Authority; providing
for transfer of the Canal Authority to the Department
of Natural Resources; prohibiting acquisition of lands
for construction of the canal; prohibiting expenditure of
funds for promotion of the canal; providing for develop-
ment of a plan for disposition of canal lands; and pro-
viding for repayment to counties of tax moneys con-
tributed for acquisition of canal lands.

ES IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol
this 21st day of June, 1977.
REUBIN O'D. ASKEW
WEGovernor

ATTEST:
BRUCE A. SMATHERS
Secretary of State

The following Members were recorded present:

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
Eckhart
Evans
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
Hodges

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

Nuckolls
Ogden
O'Malley
Pajcic
Papy
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 Ewing, Hodes, Lehman, Malloy, and
Mann.
A quorum was present.
1

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Prayer
Prayer by Representative Beverly B. Burnsed:
Our Dear Heavenly Father, to Whom all hearts are open,
we ask Thy blessings this day for all the citizens of our
great state and for those of us elected to represent them.
As we assemble again, give us the wisdom, the courage, the
patience and the guidance to reach fair and equitable solu-
tions to the needs and concerns facing us. We look to You
and seek Your divine help to lead us in unity, in harmony,
and in progress which will be pleasing to You and to all
those whom we serve.
We would also ask that Your strength be with Representa-
tive Lehman and Representative Rish and their families at
this time, due to the deaths of their fathers.
Today and every day we remember You are with us and
would ask for Your forgiveness and for Your help. Bless
this House, 0 Lord we pray. Amen.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of June 16 was corrected and approved.

Communication

Honorable Donald L. Tucker
Speaker, House of Representatives

June 22, 1977

Dear Mr. Speaker:
In compliance with the provisions of Article III, Section 8(b),
of the State Constitution, I am transmitting to you for consider-
ation of the House the following vetoed bills, 1977 Regular
Session, with the Governor's objections attached thereto:

HB 621
CS/CS HB 1787
HB 2361

Relating to financial assistance eligibility.
Creating the Florida Housing Finance Au-
thority.
Relating to nursing homes.

Sincerely,
BRUCE A. SMATHERS
Secretary of State

Introduction and Reference

By Representatives Hollingsworth and Adams-
HB 1-B-A bill to be entitled An act relating to prescription
and administration of dimethyl sulfoxide (DMSO); prohibiting
hospitals and health facilities from interfering with the physi-
cian-patient relationship by restricting use of dimethyl sulfoxide
(DMSO); providing conditions; providing for written release;
providing for disclosure by the physician; providing an effective
date.

Mr. Hollingsworth moved that HB 1-B be admitted for intro-
duction, the Speaker having ruled that the measure was outside
the purview of the Governor's call. The vote was:

Yeas-85

The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Black
Blackburn
Bloom
Boyd
Burnsed
Burrall

Carlton
Cherry
Considine
Conway
Crawford
Crenshaw
Culbreath
Danson
Dixon
Dyer
Easley
Eckhart
Forbes

Foster
Fox
Fulford
Gersten
Girardeau
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Healey

Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Langley
Lewis, J. W.

Lewis, T.
Lockward
Margolis
Martin
McCall
McPherson
Mica
Mixson
Moffitt
Nays-19
Bell
Cassens
Davis
Evans
Fechtel

Morgan
Neal
Nelson
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Poindexter

Fontana
Gallagher
Gordon
Hazouri
Kutun

Poole
Redman
Richard
Richmond
Rish
Robinson
Ryals
Sample
Smith

McDonald
McKnight
Moore, R.
Moore, T.
Pajcic

Steinberg
Taylor
Ward
Warner
Williams
Young

Papy
Sheldon
Thompson
Woodruff

The motion was agreed to by the required Constitutional two-
thirds vote and HB 1-B was read the first time by title. On mo-
tions by Mr. Hollingsworth, the rules were waived and HB 1-B
was read the second time by title and the third time by title.
On passage, the vote was:
Yeas-94

The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Black
Blackburn
Bloom
Boyd
Burrall
Cassens
Cherry
Conway
Cox
Crawford
Crenshaw
Culbreath
Danson
Dixon
Dyer
Easley
Eckhart

Nays-11
Bell
Carlton
Davis

Fechtel
Forbes
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth

Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Margolis
Martin
Maxwell
McCall
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, T.
Morgan
Neal
Nelson

Evans Moore, R.
Fontana Pajcic
McDonald Papy

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

Sheldon
Woodruff

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

By Representative McDonald-
HB 2-B-A bill to be entitled An act relating to the tax on the
severance of solid minerals; amending s. 211.31(1), Florida Stat-
utes, and adding subsections (3) and (4) to said section; increas-
ing the excise tax on the severance of phosphate rock; changing
the percentages on the distribution of the proceeds of such tax;
amending s. 211.32 (3) (d), Florida Statutes, and adding para-
graphs (m) and (n) to said subsection; conforming refund pro-
visions to the change in distribution of the taxes; creating the
Phosphate Land Reclamation Study Commission; requiring the
Department of Natural Resources to provide staff; providing for
economic assistance by the Division of Budget of the Department
of Administration; providing duties of the commission; providing
for a report; providing an appropriation; limiting the avail-
ability of tax refunds; amending s. 211.33, Florida Statutes; pro-
viding procedures for payment of severance tax; providing for
payment of estimated tax in installments; providing penalties;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 3-B-A bill to be entitled An act relating to tax on sales,
use and other transactions; amending s. 212.02(2) (a), Florida

June 22, 1977

JOURNAL OF THE HOUSI

Statutes, 1976 Supplement, and adding a new subsection (10) to
s. 212.08, Florida Statutes; providing for imposition of sales tax
on the sale of a new or used motor vehicle to a resident of an-
other state in an amount equal to the tax that would be imposed
under the laws of the purchaser's resident state; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 4-B-A bill to be entitled An act relating to excise tax
on documents; amending s. 201.01, Florida Statutes; providing
that the tax is applicable to documents recorded in the state;
requiring notation on certain notes and certificates of tax paid
on mortgages and deeds of trust; deleting language with respect
to notation on certain mortgages of the amount of tax paid;
amending s. 201.08(1), Florida Statutes, providing for applica-
tion of the tax with respect to certain mortgages, trust deeds,
security agreements, or other evidences of indebtedness; creat-
ing s. 201.205, Florida Statutes, providing that certain docu-
ments upon which the tax has not been paid are unenforceable;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 5-B-A bill to be entitled An act relating to the corporate
income tax; creating s. 220.16, Florida Statutes; providing a
tax credit for corporations making expenditures creating new
employment in Florida; providing requirements and limitations
on the availability of the tax credit; providing for the availability
of certain records to the Department of Revenue; authorizing
the department to adopt certain rules; requiring certain reports
to the Legislature; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 6-B-A bill to be entitled An act relating to the beverage
law; amending ss. 563.02(1), 564.02(1), and 565.02(1), Florida
Statutes, providing for an equalization of license fees for vendors
of malt beverages, beverages containing alcohol of more than 1
percent by weight and not more than 14 percent by weight,
wines, and any alcoholic beverages; deleting certain provisions
relating to zoning; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 7-B-A bill to be entitled An act relating to intangible tax-
ation; amending s. 199.042(2), Florida Statutes, and s. 199.052
(7) (a) and (c), Florida Statutes, 1976 Supplement, clarifying
the reference to liens upon real property referred to therein and
including the county comptroller for purposes of recording tax
instruments; providing a time limitation on the time for paying
intangible taxes under certain circumstances; providing certain
exemptions; providing a penalty when the proper tax has not
been paid on certain instruments within a certain time period;
providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 8-B-A bill to be entitled An act relating to the transient
rentals sales tax; amending s. 212.03(4) and (7), Florida Stat-
utes, reducing to 6 months the period of time a person must reside
in certain rented living quarters before being exempt from the
transient rentals sales tax; providing that a person who enters
into a bona fide written lease for 6 months of continuous resi-

dence at such living quarters shall also be exempt from the tax;
providing an exemption for persons who have resided for 6
months or more in such living quarters or who have paid the
tax for 6 months upon the effective date of the act, and ex-
empting full-time students enrolled in institutions offering post-

June 22, 1977

The Chair
Adams
Allen
Andrews
Bell
Black
Blackburn
Bloom
Brown
Burnsed
Burrall
Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Culbreath
Davis

Nays-24
Barrett
Batchelor
Becker
Danson
Dixon
Eckhart

Dyer
Easley
Evans
Fontana
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Hagler
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber

Fechtel
Forbes
Haben
Hattaway
James
Jennings

Hill
Hodges
Hollingsworth
Hutto
Jones
Kershaw
Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Moffitt
Moore, R.
Moore, T.

Kirkwood
McCall
Melvin
Mica
Nelson
Pajcic

Morgan
Neal
Nuckolls
Ogden
O'Malley
Papy
Poindexter
Poole
Redman
Richmond
Rish
Ryals
Sadowski
Sheldon
Steinberg
Taylor
Thompson
Warner
Woodruff
Young

Patchett
Patterson
Sample
Smith
Ward
Williams

Votes after roll call:
Yeas-Mixson, Richard, Fulford

E OF REPRESENTATIVES 3

secondary education; authorizing the Department of Revenue
to reform rental contracts in certain cases; providing an effec-
tive date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 9-B-A bill to be entitled An act relating to corporations;
amending s. 607.361(2), Florida Statutes, 1976 Supplement, to
increase the fee for the filing of the annual report of domestic
and foreign corporations; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Jones-
HB 10-B-A bill to be entitled An act relating to transporta-
tion; amending s. 320.20, Florida Statutes, relating to disposition
of motor vehicle licensing moneys; amending s. 210.02(1), (3),
(4) and (5), Florida Statutes, increasing cigarette tax; amending
s. 210.20(2) (a), Florida Statutes, increasing the amount of
cigarette tax by 1 cent, to be credited to the Revenue Sharing
Trust Fund for counties; amending subsections (26) and (27)
of s. 334.03, Florida Statutes, as amended, defining certain
terms for purposes of the Transportation Code; adding subsection
(3) to s. 335.02, Florida Statutes, authorizing the Department of
Transportation to purchase rights-of-way and to prepare maps
delineating rights-of-way for certain roads of the state highway
system; providing for hearings thereon and procedures relating
thereto; amending s. 335.04(1) and (2), Florida Statutes, as
amended, relating to transfers of responsibility; amending s.
339.08 (2) (b), Florida Statutes, as amended, requiring the de-
partment to match certain federal funds; amending s. 337.29(3),
Florida Statutes, as amended, specifying municipal powers with
respect to certain transferred roads or rights-of-way; providing
an effective date.
-was read the first time by title. On motions by Mr. Jones,
the rules were waived and HB 10-B was read the second time
by title and the third time by title.

Pending roll call, Mr. Moffitt moved that the bill be referred
to the Committee on Finance & Taxation, which was not agreed
to. The question recurred on the passage of HB 10-B. The
vote was:

Yeas-83

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

By Representatives Ryals and Blackburn-
HB 11-B-A bill to be entitled An act relating to bookmaking;
amending s. 849.25, Florida Statutes; redefining bookmaking,
providing penalties, providing for conspiracy, providing an ex-
ception; creating s. 550.361, Florida Statutes; prohibiting book-
making at a pari-mutuel track or fronton, providing penalties,
denying attendance to tracks and frontons of known bookmak-
ers, specifying duties of track employees with regard to book-
making, providing exceptions; repealing s. 849.24, Florida Stat-
utes, relating to bookmaking; providing an effective date.

Mr. Ryals moved that HB 11-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. The vote was:

Yeas-102

Dixon
Dyer
Easley
Eckhart
Evans
Fechtel
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill

Hodges
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, T.
Lockward
Martin
Maxwell
McCall
McDonald
McKnight
Melvin
Mica
Mixson
Moore, R.
Moore, T.
Morgan
Nelson
Nuckolls

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

Nays-None
Votes after roll call:
Yeas-Richard

The motion was agreed to by the required Constitutional two-
thirds vote and HB 11-B was read the first time by title. On
motions by Mr. Ryals, the rules were waived and HB 11-B
was read the second time by title and the third time by title.
On passage, the vote was:

Crawford
Culbreath
Danson
Davis
Dixon
Dyer
Easley
Eckhart
Evans
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle

Grosse
Gustafson
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Kiser
Kutun
Langley

Lewis, T.
Lockward
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
Ogden
O'Malley
Pajcic

Papy
Patchett
Patterson
Poindexter
Poole
Redman

Richard
Richmond
Rish
Robinson
Ryals
Sadowski

Sample
Sheldon
Smith
Steinberg
Taylor
Thompson

Ward
Warner
Williams
Woodruff
Young

Nays-1
Haben

So the bill
Senate.

passed and was immediately certified to the

By Representative Culbreath-
HB 12-B-A bill to be entitled An act relating to pari-mutuel
wagering; amending s. 550.162(2), Florida Statutes, 1973, con-
forming the number of days authorized for the daily operation
expense allowance at dog tracks to the total number of days
authorized in a racing season; providing an effective date.
Mr. Culbreath moved that HB 12-B be admitted for intro-
duction, the Speaker having ruled that the measure was out-
side the purview of the Governor's call. The vote was:

Yeas-110

The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Culbreath
Danson
Davis
Dixon
Dyer
Nays-None

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

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

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

The motion was agreed to by the required Constitutional
two-thirds vote and HB 12-B was read the first time by title.
On motions by Mr. Culbreath, the rules were waived and HB
12-B was read the second time by title and the third time by
title. On passage, the vote was:

Yeas-110

The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall

Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Culbreath
Danson
Davis
Dixon
Dyer
Eckhart
Evans

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
Hodges
Hollingsworth
James
Jennings
Jones

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

Yeas-111
The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig

June 22, 1977

4

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, T.
Lockward
Margolis
Martin
Maxwell
McCall
McDonald
McKnight

Nays-1
Hutto
So the
Senate.

McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
Ogden
O'Malley

Pajcic
Papy
Patchett
Patterson
Poindexter
Poole
Redman
Richard
Richmond
Rish
Robinson
Ryals
Sadowski

Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young

bill passed and was immediately certified to the

By Representative Haben-
HB 13-B-A bill to be entitled An act relating to the tax
on items of inventory; amending s. 192.001(11) (c), Florida
Statutes; redefining the term "inventory" so as to exclude
certain goods and raw materials; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Ogden-
HB 14-B-A bill to be entitled An act relating to estate
taxes; creating s. 198.015, Florida Statutes, providing that,
for purposes of estate taxes, persons who have dwelt or lodged
in Florida for a certain time prior to their demise shall be
presumed domiciliaries of the state; amending s. 198.15, Flor-
ida Statutes, 1976 Supplement, extending to 10 years the aggre-
gate of extensions allowed on the payment of estate taxes
which are due; amending s. 198.16, Florida Statutes, 1976 Sup-
plement, increasing the interest rate charged on deficient es-
tate taxes; amending s. 198.22, Florida Statutes; increasing to
12 years the amount of time for which a lien for unpaid taxes
is valid upon an estate; removing the waiver fee for waivers
releasing property from such lien; amending s. 198.35, Florida
Statutes, providing that the interpretation and construction of
Florida's estate tax laws shall, where applicable, be based on
the inheritance tax laws of the United States effective Jan-
uary 1, 1978; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Melvim-
HB 15-B-A bill to be entitled An act relating to assess-
ments of special classes of property; amending s. 193.511, Flor-
ida Statutes; changing the assessment on items of inventory
from 25 percent to 10 percent; providing an effective date.

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

By Representative Melvin-
HB 16-B-A bill to be entitled An act relating to sales, stor-
age, and use tax; amending s. 212.05(6), Florida Statutes,
1976 Supplement, reducing the tax on machinery, equipment,
and parts; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Melvin-
HB 17-B-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 process-
ing goods for sale or resale; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Melvin-
HB 18-B-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
abatement of pollutants from stationary sources; requiring that
such expenditures be certified by the Department of Environ-
mental Regulation in order to qualify for the exemption; ex-
empting from the sales and use tax that portion of the price
of a motor vehicle attributable to federally required pollution
control devices, in amounts certified by the Department of Reve-
nue; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Craig-
HB 19-B-A bill to be entitled An act relating to ad valorem
tax exemptions; creating s. 196.1985, Florida Statutes; provid-
ing exemption for property owned and used by labor organiza-
tions for certain purposes; amending s. 196.2001(1) (d), Florida
Statutes, 1976 Supplement, granting an ad valorem tax exemp-
tion to certain nonprofit sewer and water companies whose
rates for services are established by the Farmers Home Admin-
istration; exempting community halls owned by a non-profit
corporation from ad valorem taxation; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

Adjournment
On motion by Mr. Craig, the House adjourned at 12:51 p.m.
to reconvene at 11:00 a.m. tomorrow.

June 22, 1977

5

lle Jourrqal OF THE

'House of epres eqtatives

SPECIAL SESSION

Thursday, June 23, 1977

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

The following Members were recorded present:

The Journal
The Journal of June 22 was approved.

Easley
Eckhart
Evans
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
Hodges

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

Excused: Representatives Ewing, Lehman,
Representative Ogden at 3:00 p.m.

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

Redman, Hodes;

A quorum was present.

Prayer

Prayer by Speaker pro tempore John L. Ryals:
Dear Heavenly Father, thank You for this day, and the
opportunity to be here in service to You and to the people
of this great State. We pray for the presence of Thy guid-
ing hand through this Special Session of the Legislature.
We pray for the blessing of discernment, for wisdom, for a
greater capacity to understand, and for the ability to find
that path that leads to the greatest benefit for the greatest
number of our citizens. We ask Thy Spirit to give us the
individual strength to meet the task before us.
Grant that we will each be possessed with patience, with
the grace of compromise, that we will refrain from selfish
desires and interests, and that we will respect the honor and
beliefs of the citizens of our State. Lord, know that we are
mindful of our many blessings. Know that we love and ap-
preciate the many gifts we enjoy by Thy hand and know
that we understand our stewardship over these things
and that it requires us to protect and preserve the land
and its blessings for our children. We thank You for
these gifts. In the name of Jesus Christ, Amen.

Communication
Vetoed HB 388, 1977 Regular Session, with the Governor's
objections attached thereto, was received.

Introduction and Reference

By Representatives Young and Adams-
HB 21-B-A bill to be entitled An act relating to county-
owned real property; amending s. 125.35, Florida Statutes;
authorizing the lease of county real property by the board
of county commissioners without competitive bids; providing
for severability; providing an effective date.
Mr. Young moved that HB 21-B be admitted for introduction,
the Speaker having ruled the measure outside the purview of the
Governor's call. The motion was not agreed to by the required
Constitutional two-thirds vote. The vote was:

Yeas-69

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

Gersten
Girardeau
Grizzle
Grosse
Gustafson
Hagler
Hawkins
Hazelton
Healey
Hector
Hieber
Hodges
Hollingsworth
Hutto
James
Kershaw
Lewis, J. W.
Lewis, T.

Fontana
Jennings
Kirkwood

Malloy
Mann
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mixson
Moore, T.
Neal
Nelson
Nuckolls
Ogden
O'Malley
Papy
Patterson

Lockward
Mica
Moffitt

Poindexter
Poole
Ready
Richard
Richmond
Rish
Robinson
Sheldon
Smith
Steinberg
Taylor
Ward
Warner
Woodruff
Young

Thompson

Votes after roll call:
Nays-Danson, Gallagher, Sample
Therefore, HB 21-B was not admitted for introduction.

By Representative Boyd-
HB 23-B-A bill to be entitled An act relating to intangible
personal property tax; amending s. 199.112, Florida Statutes;
providing that for purposes of assessment of said tax sales of
tangible personal property are considered to be in this state
6

Adams
Barrett
Bell
Black
Brown
Burrall
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Eckhart
Foster
Fox
Frank
Fulford

Nays-10
Cassens
Davis
Evans

JOURNAL OF THE HOUSE OF REPRESENTATIVES

if delivered to a purchaser in this state regardless of the
f.o.b. point or other conditions of sale; providing an effective
date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 24-B-A bill to be entitled An act relating to the sales
and use tax; amending s. 212.08(6), Florida Statutes, and adding
a subsection; imposing the sales and use tax on charges for
advertising; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 25-B-A bill to be entitled An act relating to the sales
and use tax; amending s. 212.02(3)(a) and (d), and (4), and
adding a new paragraph (2) (e) and a new subsection (13),
amending s. 212.05, introductory paragraph, and adding a new
subsection (7), and amending s. 212.12(6) (b) and (7) and
adding a new subsection (12), all Florida Statutes, 1976
Supplement; amending s. 212.06(3) and adding a new paragraph
(1)(b) and paragraph (2)(k), amending s. 212.07(1), (2),
(4), and (9), amending s. 212.08, introductory paragraph, and
paragraph (7) (d) and (e), amending ss. 212.11(1), 212.13(2) and
(3), 212.14(1), 212.17(3) and (7), and 212.21(2)-(4), all Florida
Statutes; imposing the sales and use tax on professional serv-
ices; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

By Representative Boyd-
HB 26-B-A bill to be entitled An act relating to the sales
and use tax; amending s. 212.02(3)(a) and (d), and (4), and
adding a new paragraph (2) (e) and a new subsection (13),
amending s. 212.05, introductory paragraph, and adding a new
subsection (7), and amending s. 212.12(6)(b) and (7) and
adding a new subsection (12), all Florida Statutes, 1976 Supple-
ment; amending s. 212.06(3) and adding a new paragraph (1) (b)
and paragraph (2)(k), amending s. 212.07(1), (2), (4), and (9),
amending s. 212.08, introductory paragraph, and paragraph
(7)(e), amending ss. 212.11(1), 212.13(2) and (3), 212.14(1),
212.17(3) and (7), and 212.21(2)-(4), all Florida Statutes; im-
posing the sales and use tax on personal services; providing an
effective date.
-was read the first time by title and referred to the Com-
mittee on Finance & Taxation.

Recess
The House stood in informal recess at 11:19 a.m. to reconvene
upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 11:47 a.m.

A quorum was present.

Recess
The House recessed at 11:52 a.m. to reconvene at 1:15 p.m.
today.

AFTERNOON SESSION
The House was called to order by the Speaker at 1:15 p.m.

A quorum was present.

Continuation of Introduction and Reference

By Representative Boyd-
HB 34-B-A bill to be entitled An act relating to the Beverage
Law; creating s. 563.10, Florida Statutes, providing for an

excise tax on soft drinks; providing a definition of "soft drinks"
and "bottled soft drinks"; authorizing the Department of
Revenue to adopt rules and regulations for the collection of the
excise tax; providing for the deposit of the tax proceeds into
the State Treasury to the credit of the General Revenue Fund;
providing penalties, interest for delinquent payments, and en-
forcement procedures; providing an effective date.
-was read the first time by title. On motion by Mr. Boyd,
the rules were waived and HB 34-B was read the second
time by title.

Representative Easley offered the following amendment:
Amendment 1-On page 1, line 28, through page 2, line 2,
strike all of (2) (a) and insert: (2) (a) Soft drinks are defined
to be all carbonated and noncarbonated beverages, including but
not limited to carbonated water, containing less than 1 percent
alcohol by weight, any and all soft drink syrups and powders
used in the preparation of nonbottled soft drinks, and coffee
and tea. Milk and natural fruit juices are specifically excluded
from this definition.
Mrs. Easley moved the adoption of the amendment.

Pending consideration thereof, the Speaker ruled the amend-
ment out of order, stating that it unreasonably expanded the
bill.

THE SPEAKER PRO TEMPORE IN THE CHAIR

Representative James offered the following amendment:
Amendment 2-On page 2, line 7, strike "1 cent" and insert:
4 cents
Mr. James moved the adoption of the amendment. Pending
consideration thereof-

THE SPEAKER IN THE CHAIR

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

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

The question recurred
adoption. The vote was:

Yeas-28

The Chair
Allen
Andrews
Becker
Boyd
Considine
Culbreath

Nays-88
Adams
Barrett
Batchelor
Bell
Black
Blackburn
Bloom
Brown
Burnsed
Burrall
Carlton
Cassens
Cherry
Conway
Cox
Craig
Crawford
Crenshaw
Danson
Easley
Eckhart
Evans

Davis
Dixon
Dyer
Forbes
Frank
Gallagher
Gordon

Fechtel
Fontana
Fortune
Foster
Fox
Fulford
Gersten
Girardeau
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hodges
Hollingsworth

on Amendment 2, which failed of

Hill
James
Kutun
Mann
Margolis
McDonald
Neal

Hutto
Jennings
Jones
Kershaw
Kirkwood
Kiser
Langley
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Martin
Maxwell
McCall
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.

Ogden
O'Malley
Papy
Poindexter
Richmond
Ryals
Woodruff

Morgan
Nelson
Nuckolls
Pajcic
Patchett
Patterson
Poole
Ready
Richard
Rish
Robinson
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

June 23, 1977

7

8 JOURNAL OF THE HOUSE

Votes after roll call:
Yeas to Nays-Gordon, Margolis

Representatives Gallagher and Richmond offered the following
amendment:
Amendment 3-On page 1, line 17, strike "563.10" and insert:
569.01
Mr. Richmond moved the adoption of the amendment, which
was adopted.

Representatives Gallagher and Richmond offered the following
title amendment:

Amendment 4-On page 1, line 3, strike "563.10" and insert:
569.01
Mr. Richmond moved the adoption of the amendment, which
was adopted.

Representatives Richmond and Culbreath offered the following
amendment:
Amendment 5-On page 2, line 26, at the end of the line
insert: method of payment and remittance of taxes
Mr. Richmond moved the adoption of the amendment, which
was adopted.

Representatives Brown, Poole, and Foster offered the fol-
lowing amendment:
Amendment 6-Strike the enacting clause
Mr. Brown moved the adoption of the amendment. Pending
consideration thereof-

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

The question recurred on Amendment 6, which was adopted.

By Representative Fortune-
HB 33-B-A bill to be entitled An act relating to taxation;
amending ss. 125.0165(1), 212.05, 212.055(1), and 212.12(1),
(10) and (11), Florida Statutes, 1976 Supplement, and ss.
212.03(1), (3), and (6), 212.031(1), 212.04(1) and (5), and
212.06(1) (a), Florida Statutes, and amending s. 212.08(3),
Florida Statutes, and adding new subsection (10); increasing
the tax on sales, use, and other transactions under chapter 212,
Florida Statutes, to 4.5 percent and reducing the dealer's credit
to 2.6 percent; providing a partial exemption for certain fuels
and energy used for commercial purposes; providing an effective
date.

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

Parliamentary Inquiry Re Tax Bills
Mr. T. Moore raised the question, by way of parliamentary
inquiry, of why one bill embracing a number of kinds of taxes
could not be considered, much in the same manner as the general
appropriations bill "deals with every kind of subject." Such a
tax package, he continued, would enable the Senate and the
House and, if necessary, a conference committee, to "deal with
whatever issues are within that package." Mr. Moore said
his inquiry was prompted by the Speaker's comment, during
debate, that it would not be germane for a tax bill to encompass
more than one tax. The Speaker said he had felt, as did Mr.
Moore, that approach would be appropriate. However, the
Speaker continued, "we researched it and could find no way
to it under the Constitution and the laws and the Rules, and
so we didn't do it before. We would have done that in the last
session if we had been able to do it. That's the reason we
couldn't get into conference last session, because our bills were
so different."

A 9w lw%-W on"wqwwm WIWI-% -vr-rt-4-W

The following Members were recorded present:

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
Eckhart
Evans
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
Hodges

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

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

Excused: Representatives Ewing, Hodes, Lehman, Ogden, and
Redman.

A quorum was present.

Reconsideration
Mr. Craig moved that the House reconsider the vote by which
Amendment 6 to HB 34-B, striking the enacting clause, was
adopted this afternoon. On motion by Mr. Mixson, the motion
to reconsider was laid on the table.

Recess
At 6:05 p.m. the House stood in formal recess, to reconvene
upon the call of the Speaker.

Reconvene
The House was called to order by the Speaker at 6:44 p.m.

A quorum was present.

Messages from the Senate

The Honorable Donald L. Tucker, Speaker

I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required Constitutional two-thirds vote and passed-

3E

3 OF REPRESENTATIVES June 23, 1977

Waiver of Rule 6.2
On motion by Mr. Boyd, the rules were waived requiring
two hours notice of committee meetings for bills and the Com-
mittee on Finance & Taxation was given permission to meet
at 4:30 p.m. today.

Recess
On motion by Mr. Fulford, the House recessed at 3:19 p.m.
to reconvene at 6:00 p.m. today.

EVENING SESSION

The House was called to order by the Speaker at 6:00 p.m.

June 23, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Senator W. D. Childers and others-
SB 37-B-A bill to be entitled An act relating to purchases
made by political subdivisions; authorizing counties, municipali-
ties, school districts, and other political subdivisions of the state
to award preferences with respect to contracts for the purchase
of personal property to businesses in Florida which are not the
lowest bidder under certain conditions; providing an effective
date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary
Mr. Robinson moved that SB 37-B be admitted for introduction,
the Speaker having ruled that the measure was outside the pur-
view of the Governor's call. The vote was:

Yeas-99

The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Black
Blackburn
Bloom
Brown
Burnsed
Carlton
Considine
Cox
Craig
Crawford
Crenshaw
Danson
Davis
Dixon
Dyer
Easley
Evans
Fechtel

Nays-6
Burrall
Cassens

Fortune
Foster
Fox
Frank
Fulford
Gersten
Girardeau
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
Jennings

Fontana
Forbes

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

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

Gallagher James

Votes after roll call:
Yeas-Smith, Nelson

The motion was agreed to by the required Constitutional two-
thirds vote and SB 37-B was read the first time by title. On
motion by Mr. Robinson, the rules were waived and SB 37-B was
read the second time by title.
Representative Robinson offered the following amendment:
Amendment 1-On page 1, line 21, insert: If an invitation for
bids provides for the granting of such preference herein, any
bidder whose principal place of business is outside the state of
Florida must accompany any written bid documents with a
written opinion of an attorney at law licensed to practice law
in that foreign state as to the preferences, if any or none,
granted by the law of that state to its own business entities
whose principal place of business is in that foreign state in the
letting of any or all public contracts.

Mr. Robinson moved the adoption of the amendment, which was
adopted.

On motion by Mr. Robinson, the rules were waived and SB
37-B, as amended, was read the third time by title. On passage,
the vote was:

Yeas-110

The Chair
Adams
Allen
Barrett

Batchelor
Becker
Bell
Black

Blackburn
Bloom
Boyd
Brown

Burnsed
Carlton
Cassens
Cherry

Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Danson
Davis
Dixon
Dyer
Easley
Eckhart
Evans
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten

Nays-3

Burrall

Girardeau
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
Jennings
Jones
Kershaw
Kirkwood
Kiser
Kutun

James

9

Langley
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley

Pajcic

Papy
Patchett
Patterson
Poindexter
Poole
Ready
Richard
Richmond
Rish
Robinson
Ryals
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young

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

The Honorable Donald L. Tucker, Speaker

I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed as
amended--

By Senator Spicola-

SB 27-B-A bill to be entitled An act relating to ad valorem
tax exemptions; creating s. 196.1985, Florida Statutes; granting
an exemption with respect to real property owned and used by
labor organizations for educational purposes; amending s. 196.-
2001(1) (d) and adding a new subsection (e), Florida Statutes,
1976 Supplement; granting an exemption with respect to prop-
erty owned by certain nonprofit sewer and water companies
whose rates for services are established by the Farmers Home
Administration; providing an effective date.
-and requests the concurrence of the House therein.

Joe Brown, Secretary

Mr. Craig moved that SB 27-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. The vote was:

Yeas-77

The Chair
Adams
Allen
Barrett
Batchelor
Becker
Black
Blackburn
Bloom
Burnsed
Cherry
Considine
Conway
Cox
Craig
Crawford
Culbreath
Dixon
Dyer
Eckhart

Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Gordon
Grosse
Haben
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill

Hodges
Hutto
James
Kershaw
Kirkwood
Kutun
Lewis, T.
Lockward
Malloy
Margolis
Martin
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moore, R.
Moore, T.
Morgan

Nelson
Nuckolls
O'Malley
Papy
Ready
Rish
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Warner
Williams
Young

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gallagher
Grizzle
Hagler
Hollingsworth
Jennings
Langley
Lewis, J. W.

Mann
McCall
Moffitt
Neal
Pajcic
Patchett
Patterson

Poindexter
Robinson
Ward
Woodruff

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

On motion by Mr. Rish, the House agreed to reconsider the
vote by which SB 27-B was not admitted for introduction.

The absence of a quorum was suggested. A quorum of 109
Members was present. The question recurred on the motion that
SB 27-B be admitted for introduction. The vote was:

Yeas-88

Easley
Eckhart
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri

Grizzle
Jennings
Langley
Mann
McCall

Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Kershaw
Kirkwood
Lewis, T.
Lockward
Malloy
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Mixson
Moore, R.
Moore, T.

Melvin
Mica
Moffitt
Pajcic
Patterson

Morgan
Neal
Nelson
Nuckolls
O'Malley
Papy
Patchett
Ready
Richard
Richmond
Rish
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Warner
Williams
Young

Poindexter
Poole
Robinson
Ward
Woodruff

The motion was agreed to by the required Constitutional two-
thirds vote and SB 27-B was read the first time by title. On
motions by Mr. Craig, the rules were waived and SB 27-B was
read the second time by title and the third time by title. On
passage, the vote was:

Easley
Eckhart
Evans
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grosse
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Hector

Hieber
Hill
Hodges
Hutto
James
Jones
Kershaw
Kirkwood
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Mica
Mixson
Moffitt
Moore, R.

Morgan
Neal
Nelson
Nuckolls
O'Malley
Papy
Poole
Ready
Richard
Rish
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Thompson
Warner
Williams
Young

Nays-19
Burrall
Carlton
Danson
Grizzle
Hollingsworth

Jennings
Langley
McCall
Melvin
Moore, T.

Pajcic
Patchett
Patterson
Poindexter
Richmond

Robinson
Taylor
Ward
Woodruff

Nays-25
Burrall
Carlton
Cassens
Danson
Davis
Evans
Fulford

The Chair
Adams
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Brown
Burnsed
Carlton
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Dyer
Easley

Nays-9
Cassens
Danson
Davis

Eckhart
Evans
Fontana
Forbes
Fortune
Foster
Fox
Gallagher
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges

Fechtel
Fulford
Kirkwood

Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Langley
Lewis, J. W.
Lockward
Malloy
Mann
Martin
Maxwell
McCall
McKnight
McPherson
Mica
Mixson
Moffitt
Moore, R.
Morgan
Neal
Nelson

Lewis, T.
Sheldon

Nuckolls
O'Malley
Pajcic
Papy
Patchett
Patterson
Poindexter
Richard
Rish
Robinson
Ryals
Sample
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young

Smith

Votes after roll call:
Yeas-T. Moore, Ready

MR. HODGES IN THE CHAIR

The motion was agreed to by the required Constitutional
two-thirds vote and HB 28-B was read the first time by title.
On motions by Mr. Jones, the rules were waived and HB 28-B
was read the second time by title and the third time by title.
On passage, the vote was:

Yeas-97

The Chair
Adams
Allen
Andrews

Barrett
Becker
Bell
Black

Blackburn
Bloom
Boyd
Brown

Burnsed
Carlton
Cherry
Considine

Votes after roll call:
Yeas-Gustafson, Dixon, Healey
Nays to Yeas-Hollingsworth, T. Moore
So the bill passed and was immediately certified to the
Senate.

Without objection, the House reverted to the order of-

Introduction and Reference

By Representatives Malloy, Allen, McKnight, Lockward,
Black, Eckhart, Papy, Margolis, Warner, Gustafson, Richard,
and Hazouri-
HB 28-B-A bill to be entitled An act relating to the Depart-
ment of Transportation; adding subsection (4) to s. 338.19,
Florida Statutes, authorizing the department to make certain
payments on the cost of relocating water supply facilities during
reconstruction of the Keys bridges; providing an effective date.
Mr. Jones moved that HB 28-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. The vote was:

Yeas-89

The Chair
Adams
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Burnsed
Cherry
Considine
Conway
Cox
Craig
Crawford
Culbreath
Davis
Dixon
Dyer

Nays-20
Burrall
Carlton
Cassens
Danson
Evans

Yeas-89
The Chair
Adams
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Burnsed
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Davis
Dyer

10

June 23, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Dixon
Dyer
Easley
Eckhart
Evans
Fontana
Fortune
Foster
Fox
Gallagher
Gersten
Girardeau
Gordon
Grosse
Gustafson

Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Kutun
Lewis, J. W.
Lockward
Malloy

Nays-11
Burrall Davis
Cassens Fechtel
Danson Forbes
Votes after roll call:
Yeas-Richard

Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Pajcic
Papy

Fulford
Grizzle
Langley

So the bill passed and was immediately
Senate.

Patchett
Patterson
Poindexter
Poole
Ready
Richmond
Rish
Robinson
Sadowski
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young

Lewis, T.
Sample

certified to the

THE SPEAKER IN THE CHAIR

Continuation of Messages from the Senate

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Gordon-
SB 5-B-A bill to be entitled An act relating to the tax on
the severance of solid minerals; amending s. 211.31(1), Florida
Statutes, and adding subsections (3) and (4) to said section;
increasing the excise tax on the severance of phosphate rock;
changing the percentages on the distribution of the proceeds
of such tax; amending s. 211.32 (3)(d), Florida Statutes, and
adding paragraphs (m) and (n) to said subsection; conforming
refund provisions to the change in distribution of the taxes;
creating the Phosphate Land Reclamation Study Commission;
requiring the Department of Natural Resources to provide
staff; providing for assistance by the Division of Budget of the
Department of Administration; providing duties of the com-
mission; providing for a report; providing for the appropriation
of certain trust funds to the Department of Natural Resources;
limiting the availability of tax refunds; amending s. 211.33,
Florida Statutes; providing for the administration of the tax
and the confidentiality of returns; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 5-B was read the first time by title. On motion by Mr.
Boyd, the rules were waived and the bill was read the second
time by title.

Representatives Pajcic and Culbreath offered the following
amendment:
Amendment 1-On page 5, lines 27-31 and on page 6 lines
1-6, strike all of said lines and insert: (n) Notwithstanding
any other provision in this part, refunds from the taxes levied
under this part based upon the severance of solid minerals on
or after July 1, 1978, shall be paid from the Land Reclamation
Trust Fund only for the cost of restoration and reclamation
of land:

(1) Disturbed by the severance of solid minerals prior to
July 1, 1975 owned by any taxpayer who also owns land dis-
turbed by solid minerals after July 1, 1975.
(2) Disturbed by the severance of solid minerals after
July 1, 1975 owned by a taxpayer who owns no land disturbed
by the severance of solid minerals prior to July 1, 1975.
(3) Included within a site of severance on or before the
effective date of this act with a restoration and reclamation
program theretofore filed with the Department of Natural Re-
sources.
Mr. Pajcic moved the adoption of the amendment.

Mr. Craig moved that the amendment be laid on the table.
Pending consideration thereof, the motion was withdrawn.

After further debate, Mr. Hodges moved that the amendment
be laid on the table, which was agreed to. The vote was:

Yeas-66
The Chair
Adams
Andrews
Barrett
Becker
Black
Blackburn
Burnsed
Burrall
Carlton
Cassens
Considine
Craig
Danson
Davis
Dixon
Dyer

Nays-38
Allen
Batchelor
Bell
Bloom
Brown
Cherry
Conway
Cox
Crenshaw
Culbreath

Easley
Eckhart
Fechtel
Forbes
Fulford
Gersten
Grosse
Haben
Hagler
Hattaway
Hazelton
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth

Evans
Fontana
Foster
Frank
Girardeau
Gordon
Grizzle
Hazouri
Kiser
Kutun

Hutto
Jennings
Jones
Kershaw
Kirkwood
Langley
Lewis, T.
Malloy
Martin
Maxwell
McCall
McDonald
McPherson
Mica
Mixson
Moore, R.
Neal

Lewis, J. W.
Lockward
Mann
Margolis
McKnight
Melvin
Moffitt
Moore, T.
Morgan
Nelson

Nuckolls
O'Malley
Papy
Patchett
Patterson
Ready
Rish
Sample
Smith
Taylor
Thompson
Ward
Williams
Woodruff
Young

Pajcic
Poindexter
Poole
Richmond
Robinson
Sheldon
Steinberg
Warner

Votes after roll call:
Yeas-Gallagher
Nays-Richard

Representatives Frank, Poole, Bloom, and Sheldon offered the
following amendment:
Amendment 2-On page 9, line 25, after the period insert:
Section 5. Fifteen million dollars of the revenue produced by
the phosphate severance tax shall be allocated to fund a supple-
mental appropriation for the purpose of funding the Compensa-
tory Education Act passed during the first special session of
1977 to commence in fiscal year 1977-1978.
and renumber subsequent sections
Mr. Poole moved the adoption of the amendment. Pending
consideration thereof, without objection, the amendment was
withdrawn.

On motion by Mr. Craig, the rules were waived and SB 5-B
was read the third time by title. On passage, the vote was:

Yeas-81

The Chair
Adams
Allen
Andrews
Batchelor

Becker
Bell
Black
Bloom
Boyd

Brown
Burrall
Cassens
Cherry
Considine

Conway
Cox
Craig
Culbreath
Danson

June 23, 1977

11

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Davis
Dixon
Dyer
Easley
Eckhart
Evans
Fechtel
Fontana
Fortune
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grosse

Gustafson
Hazouri
Healey
Hector
Hieber
Hill
Hutto
James
Kiser
Kutun
Lockward
Malloy
Mann
Margolis
Martin
Maxwell

Nays-34
Barrett Grizzle
Blackburn Haben
Burnsed Hagler
Carlton Hattaway
Crawford Hawkins
Crenshaw Hazelton
Forbes Hodges
Foster Hollingsworth
Fulford Jennings
Votes after roll call:

McDonald
McKnight
McPherson
Mixson
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Pajcic
Papy
Patchett
Poindexter
Poole

Jones
Kershaw
Kirkwood
Langley
Lewis, J. W.
Lewis, T.
McCall
Melvin
Mica

Richard
Rish
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Warner
Woodruff
Young

Moffitt
Patterson
Ready
Richmond
Robinson
Ward
Williams

Nays to Yeas-Patterson, Carlton
So the bill passed and was immediately certified to the Senate.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By the Committee on Finance, Taxation and Claims-
CS for SB 6-B-A bill to be entitled An act relating to bev-
erage taxation; amending s. 563.05, Florida Statutes; increas-
ing the excise tax on malt beverages; amending s. 563.07, Flor-
ida Statutes; decreasing the percentage of the tax credit al-
lowed to distributors of malt beverages; amending s. 564.06
(1)-(4), Florida Statutes, and adding subsection (7) to said
section; providing a dealer's credit; increasing the excise tax
on wines and beverages; amending s. 565.12(1), (2), Florida
Statutes; increasing the excise tax on liquors and beverages;
amending s. 565.13, Florida Statutes; decreasing the percent-
age of the tax credit allowed to distributors of spirituous bev-
erages; creating s. 561.501, Florida Statutes; providing for ap-
plicability of tax increases; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary
-was read the first time by title. On motion by Mr. Andrews,
the rules were waived and CS for SB 6-B was read the second
time by title.

Representative Andrews offered the following amendment:
Amendment 1-On page 4, strike all of lines 16-23 and in-
sert: (5) As to all beverages taxed under this section which
are manufactured or bottled in Florida, there shall be a 1 2
percent discount allowed to the manufacturer or bottler on
the amount of taxes assessed against wine for his losses from
shrinkage, in filtering, breakage, and waste in bottling, said
1 8 percent to be computed on the taxable amount assessed
by the state when sold taxpaid, and said 1 2 percent shall be
deducted by the manufacturer or bottler on his monthly report.
Mr. Andrews moved the adoption of the amendment. Pend-
ing consideration thereof-

"Representatives Richmond and Culbreath offered the fol-
lowing substitute amendment:
Substitute Amendment 1-On page 1, strike "40" and "5"
wherever they appear and insert "36" in place of "40" and
"41/" in place of "5"

Mr. Richmond moved the adoption of the substitute amend-
ment. Pending consideration thereof-

Mr. Boyd raised a point of order that the amendment was
out of order since the same amendment had been offered in the
Committee on Finance & Taxation and killed there. The Speaker
ruled the point not well taken since the Rule applies to a bill
killed in committee and not to an amendment killed in com-
mittee.

Mr. Craig moved the previous question on the substitute
amendment, which was agreed to. The question recurred on
Substitute Amendment 1, which was adopted. The vote was:

Yeas-71
Adams
Barrett
Becker
Bell
Blackburn
Bloom
Brown
Burnsed
Burrall
Cassens
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Danson
Davis

Nays-41
The Chair
Allen
Andrews
Batchelor
Black
Carlton
Cherry
Considine
Evans
Fontana
Frank

Dixon
Dyer
Easley
Eckhart
Fechtel
Forbes
Foster
Fox
Fulford
Gallagher
Gersten
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway

Girardeau
Hazouri
Healey
Hieber
Hutto
Kutun
Langley
Lockward
Malloy
Mann
Margolis

Hawkins
Hazelton
Hector
Hill
Hodges
Hollingsworth
James
Jennings
Jones
Kershaw
Kirkwood
Kiser
Lewis, J. W.
Lewis, T.
McCall
McDonald
McPherson
Melvin

Martin
Maxwell
McKnight
Mixson
Morgan
Neal
Nelson
Pajcic
Papy
Patchett
Patterson

Mica
Moffitt
Moore, R.
Moore, T.
Nuckolls
O'Malley
Poole
Ready
Richard
Richmond
Ryals
Sample
Taylor
Ward
Warner
Williams
Young

Poindexter
Rish
Robinson
Sheldon
Smith
Steinberg
Thompson
Woodruff

Votes after roll call:
Nays to Yeas-Robinson

Representative Culbreath offered the following amendment:
Amendment 2-On page 3, line 21, strike "$2.43" and insert:
$1.75
Mr. Culbreath moved the adoption of the amendment. Pend-
ing consideration thereof, Mr. Batchelor moved that the amend-
ment be laid on the table, which was not agreed to. The vote
was:

Yeas-27
The Chair
Andrews
Batchelor
Cassens
Considine
Danson
Eckhart

Nays-85
Adams
Allen
Barrett
Becker
Black
Blackburn
Bloom
Boyd

Evans
Fortune
Grosse
Hazouri
Healey
Hieber
Hutto

Brown
Burnsed
Burrall
Cherry
Conway
Cox
Craig
Crawford

Langley
Maxwell
McKnight
Morgan
Nelson
Pajcic
Papy

Crenshaw
Culbreath
Davis
Dixon
Dyer
Easley
Fechtel
Fontana

Patchett
Poindexter
Rish
Sample
Thompson
Woodruff

Forbes
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau

June 23, 1977

12

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hector
Hill
Hodges
Hollingsworth
James
Jennings

Jones
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
McCall
McDonald

McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Neal
Nuckolls
O'Malley
Patterson
Poole
Ready
Richard

Richmond
Robinson
Ryals
Sheldon
Smith
Steinberg
Taylor
Ward
Warner
Williams
Young

Votes after roll call:
Nays to Yeas-Neal, Ryals

The question recurred on Amendment 2, which was adopted.

Representative Culbreath offered the following amendment:
Amendment 3-On page 3, line 22, strike "$1.22" and in-
sert: 87.5 cents
Mr. Culbreath moved the adoption of the amendment, which
was adopted.

Representatives Richmond and Culbreath offered the follow-
ing amendment:
Amendment 4-On page 2, strike lines 6 through 17 and re-
number remaining sections
Mr. Richmond moved the adoption of the amendment. Pend-
ing consideration thereof-

Mr. T. Lewis moved the previous question on the amend-
ment, which was agreed to. The question recurred on Amend-
ment 4, which was adopted. The vote was:

Yeas-62

Eckhart
Fechtel
Fontana
Forbes
Fox
Fulford
Gallagher
Gersten
Gordon
Grizzle
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hector

Danson
Evans
Fortune
Foster
Frank
Girardeau
Grosse
Gustafson
Hazouri
Healey
Hieber
Hutto
Kirkwood

Hill
Hodges
Hollingsworth
James
Jennings
Jones
Kershaw
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Martin
McCall
McDonald
McPherson
Melvin

Langley
Lockward
Malloy
Mann
Maxwell
McKnight
Moffitt
Moore, T.
Morgan
Neal
Nelson
Pajcic
Papy

Mica
Mixson
Moore, R.
Nuckolls
O'Malley
Poole
Ready
Richard
Richmond
Robinson
Smith
Steinberg
Taylor
Williams

Patchett
Patterson
Poindexter
Rish
Ryals
Sadowski
Sample
Sheldon
Thompson
Warner
Woodruff
Young

Votes after roll call:
Yeas to Nays-Cox, Bloom
Nays to Yeas-Burnsed

Representatives Richmond and Culbreath offered the follow-
ing title amendment:

Amendment 5-On page 1, line 5, strike "amending s. 563.07,
Florida Statutes; decreasing the percentage of the tax credit
allowed to distributors of malt beverages;"
Mr. Richmond moved the adoption of the amendment, which
was adopted.

Representatives Richmond and Culbreath offered the follow-
ing amendment:
Amendment 6-On page 6, line 8, strike lines 3 through 13 and
renumber remaining sections

Mr. Richmond moved the
was adopted. The vote was:

Yeas-60
Allen
Barrett
Becker
Blackburn
Burrall
Cherry
Craig
Crawford
Crenshaw
Culbreath
Davis
Dixon
Dyer
Eckhart
Fechtel

Nays-54
The Chair
Adams
Andrews
Batchelor
Bell
Black
Bloom
Brown
Burnsed
Carlton
Cassens
Considine
Conway
Cox

Fontana
Forbes
Fox
Fulford
Gallagher
Gordon
Grizzle
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hector
Hill
Hodges

Danson
Easley
Evans
Fortune
Foster
Frank
Gersten
Girardeau
Grosse
Gustafson
Hazouri
Healey
Hieber
Hutto

Votes after roll call:

Nays to Yeas-Burnsed

Representatives Richmond
ing title amendment:

adoption of the amendment, which

Hollingsworth
James
Jennings
Jones
Kershaw
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Margolis
McCall
McDonald
McPherson
Melvin
Mica

Kirkwood
Langley
Lockward
Malloy
Mann
Martin
Maxwell
McKnight
Moffitt
Moore, T.
Morgan
Neal
Nelson
Pajcic

Mixson
Moore, R.
Nuckolls
O'Malley
Poole
Ready
Richard
Richmond
Robinson
Sadowski
Smith
Steinberg
Taylor
Ward
Williams

Papy
Patchett
Patterson
Poindexter
Rish
Ryals
Sample
Sheldon
Thompson
Warner
Woodruff
Young

and Culbreath offered the follow-

Amendment 7-On page 1, line 14, strike "amending s. 565.13,
Florida Statutes; decreasing the percentage of the tax credit
allowed to distributors of spirituous beverages;"

Mr. Richmond moved the adoption of the amendment, which
was adopted.

On motion by Mr. Boyd, the rules were waived and CS for
SB 6-B, as amended, was read the third time by title. On
passage, the vote was:

Yeas--48

The Chair
Batchelor
Becker
Blackburn
Boyd
Burnsed
Carlton
Cassens
Craig
Crawford
Culbreath
Davis

Dixon
Evans
Fechtel
Forbes
Fortune
Foster
Grosse
Hagler
Hazouri
Hill
Hutto
Jones

Langley
Mann
Maxwell
McDonald
Mixson
Moore, R.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Pajcic

Papy
Patchett
Poindexter
Ready
Richmond
Rish
Robinson
Ryals
Steinberg
Thompson
Ward
Woodruff

Allen
Barrett
Becker
Blackburn
Bloom
Burrall
Cherry
Cox
Craig
Crawford
Crenshaw
Culbreath
Davis
Dixon
Dyer
Easley

Nays-51
The Chair
Adams
Andrews
Batchelor
Bell
Black
Boyd
Brown
Burnsed
Carlton
Cassens
Considine
Conway

June 23, 1977

13

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-67
Adams
Allen
Andrews
Barrett
Bell
Black
Bloom
Brown
Burrall
Cherry
Considine
Conway
Cox
Crenshaw
Danson
Dyer
Easley

McPherson
Melvin
Mica
Moffitt
Moore, T.
Patterson
Poole
Richard
Sadowski
Sample
Sheldon
Smith
Taylor
Warner
Williams
Young

Nays-66
Adams
Allen
Barrett
Bell
Black
Bloom
Brown
Burrall
Cherry
Considine
Conway
Cox
Crenshaw
Danson
Dyer
Easley
Eckhart

Fontana
Forbes
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hattaway
Hawkins
Hazelton
Healey
Hector

Hieber
Hodges
Hollingsworth
James
Jennings
Kershaw
Kirkwood
Kiser
Kutan
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Margolis
McCall
McKnight
McPherson

Votes after roll call:
Nays to Yeas-Richard, McKnight, Black, Bloom
So the bill failed to pass. Mr. Andrews moved that the
House reconsider the vote by which CS for SB 6-B failed to
pass. Mr. Jones moved that the motion to reconsider be laid
on the table, which was not agreed to. Mr. Considine moved
the previous question on the motion to reconsider, which was
agreed to. The question recurred on the motion to reconsider
the vote by which the bill failed to pass, which was agreed to.
The vote was:

Yeas-64
The Chair
Andrews
Batchelor
Becker
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cassens
Considine
Conway
Cox
Culbreath

Nays-45
Adams
Allen
Barrett
Burrall
Cherry
Craig
Crenshaw
Danson
Davis
Easley
Eckhart
Fontana

The question
vote was:

Yeas-49
The Chair
Andrews
Batchelor
Becker
Blackburn
Boyd
Burnsed
Carlton
Cassens
Craig
Crawford
Culbreath
Davis

Dixon
Dyer
Evans
Fechtel
Fortune
Foster
Frank
Fulford
Grosse
Gustafson
Haben
Hagler
Hazouri
Healey
Hector
Hieber

Forbes
Fox
Gallagher
Gersten
Girardeau
Grizzle
Hattaway
Hawkins
Hazelton
Hodges
James
Jennings

Hill
Hollingsworth
Hutto
Jones
Langley
Mann
Martin
Maxwell
McDonald
McKnight
McPherson
Melvin
Mixson
Moore, R.
Neal
Nelson

Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Margolis
McCall
Mica
Moffitt
Morgan

Nuckolls
O'Malley
Pajcic
Papy
Patchett
Poindexter
Ready
Rish
Robinson
Ryals
Sheldon
Smith
Steinberg
Thompson
Ward
Woodruff

Poole
Richard
Richmond
Sadowski
Sample
Taylor
Warner
Williams
Young

recurred on the passage of CS for SB 6-B. The

Dixon
Evans
Fechtel
Fortune
Foster
Grosse
Hagler
Hazouri
Hill
Hutto
Jones
Langley
Mann

Martin
Maxwell
McDonald
Mixson
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Pajcic
Papy

Patchett
Poindexter
Ready
Richmond
Rish
Robinson
Ryals
Thompson
Ward
Woodruff

Votes after roll call:
Nays to Yeas-Cox, Richard, Gustafson, Black, Bloom, Cherry,
Fontana, Gersten, Gordon, Kutun, Warner, Considine, Steinberg,
Adams, Margolis, Fox, Bell, McKnight, Hieber
So the bill failed to pass.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that the
Senate has passed as amended-

By Senator Gordon-
SB 7-B-A bill to be entitled An act relating to the oil and
gas production tax; amending s. 211.02(1), Florida Statutes;
increasing the rate of taxation on oil production; changing the
percentage distribution under the first and second oil tax; ex-
cluding from the value of oil or gas production, wellhead or
other production taxes imposed by the United States; providing
an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary
-was read the first time by title. On motion by Mr. Boyd,
the rules were waived and SB 7-B was read the second time by
title.

THE SPEAKER PRO TEMPORE IN THE CHAIR

Representatives Frank, Poole, Bloom, and Sheldon offered the
following amendment:
Amendment 1-On page 2, line 23, after the period insert:
Section 4. Fourteen million dollars of the revenue produced by
the oil and gas production tax allocated to the General Revenue
Fund is hereby allocated to fund a supplemental appropriation
for the purpose of funding the Compensatory Education Act
passed during the First Special Session of 1977 to commence in
fiscal year 1977-78. In the event that the revenues generated by
the oil and gas production tax exceed $14,000,000 the excess up to
$15,000,000 shall also be allocated to fund the supplemental
appropriation.

Renumber remaining section.
Mrs. Frank moved the adoption of the amendment. Pending
consideration thereof-

THE SPEAKER IN THE CHAIR
Mr. Young moved the previous question on the amendment,
which was agreed to. The question recurred on Amendment 1,
which was adopted.

Representatives Frank, Poole, Bloom, and Sheldon offered the
following title amendment:
Amendment 2-On page 1, line 9, after the semicolon insert:
allocating a certain amount of the oil and gas production tax to
fund the Compensatory Education Act;

Hieber
Hodges
Hollingsworth
James
Jennings
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Margolis
Martin
McCall
McKnight

Eckhart
Fontana
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hattaway
Hawkins
Hazelton
Healey
Hector

Melvin
Mica
Moffitt
Patterson
Poole
Richard
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Warner
Williams
Young

June 23, 1977

June 23, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mrs. Frank moved the adoption of the amendment, which was
adopted.

Representative Morgan offered the following amendment:
Amendment 3-On page 2, in new Section 4, after "$15,000,000
shall" insert: in the fiscal year 1977-78
Mr. Morgan moved the adoption of the amendment. Pending
consideration thereof--

Mr. Hodges moved the previous question on the amendment,
which was agreed to. The question recurred on Amendment 3,
which was adopted. The vote was:

Forbes
Fortune
Foster
Fulford
Gallagher
Grizzle
Grosse
Hagler
Hattaway
Hawkins
Hodges
Hollingsworth
Hutto
Jennings
Jones
Kershaw

Davis
Fontana
Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Hazelton
Hazouri
Healey

Kirkwood
Kiser
Langley
Malloy
Mann
Maxwell
McCall
McDonald
Melvin
Mica
Mixson
Morgan
Neal
Nelson
Nuckolls
O'Malley

Hector
Hieber
Hill
James
Kutun
Lewis, J. W.
Lockward
Margolis
McKnight
McPherson
Moore, R.

Papy
Patchett
Patterson
Poindexter
Poole
Richmond
Rish
Robinson
Ryals
Sample
Thompson
Ward
Williams
Woodruff

Moore, T.
Pajcic
Ready
Richard
Sadowski
Sheldon
Smith
Steinberg
Taylor
Warner
Young

Yeas-62
The Chair
Allen
Barrett
Blackburn
Burnsed
Burrall
Carlton
Cassens
Craig
Culbreath
Danson
Dixon
Dyer
Eckhart
Evans
Fechtel

Nays-44
Adams
Becker
Bell
Black
Bloom
Boyd
Cherry
Considine
Conway
Cox
Crawford

On motion
as amended,
vote was:

Yeas-86
The Chair
Adams
Allen
Andrews
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cherry
Considine
Conway
Cox
Craig
Crawford
Culbreath
Davis

Dixon
Dyer
Easley
Eckhart
Evans
Fechtel
Fontana
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grosse
Gustafson
Haben
Hazelton
Hazouri
Healey
Hector

Crenshaw
Danson
Fulford

Hieber
Hill
Hutto
Jones
Kershaw
Kiser
Kutun
Lewis, T.
Lockward
Malloy
Mann
Margolis
Maxwell
McDonald
McKnight
McPherson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson

Grizzle
Hagler
Hattaway

O'Malley
Pajcic
Papy
Patchett
Poindexter
Poole
Richard
Richmond
Rish
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Warner
Woodruff
Young

Hawkins
Hodges
Hollingsworth

James
Jennings
Kirkwood
Langley

Lewis, J. W.
McCall
Melvin
Mica

15

Mixson
Nuckolls
Patterson
Ready

Robinson
Williams

Votes after roll call:
Yeas-Martin
Nays-Ward
Yeas to Nays-Sample
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the 'Senate has passed-

By Senator Lewis (by request)-
SB 10-B-A bill to be entitled An act relating to corporations;
amending s. 607.361(2), Florida Statutes, 1976 Supplement; to
increase the fee for filing an annual report; providing an
effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 10-B was read the first time by title. On motions by
Mr. Boyd, the rules were waived and SB 10-B was read the
second time by title and the third time by title. On passage,
the vote was:

Yeas-90

The Chair
Adams
Allen
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Culbreath
Davis
Dixon

Nays-22
Barrett
Burrall
Danson
Evans
Forbes
Fulford

Dyer
Easley
Eckhart
Fechtel
Fontana
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grosse
Gustafson
Haben
Hagler
Hazouri
Healey
Hector
Hieber
Hill
Hutto

Grizzle
Hattaway
Hawkins
Hazelton
Hodges
Hollingsworth

Jones
Kershaw
Kiser
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Melvin
Mixson
Moffitt
Moore, R.
Moore, T.
Neal
Nelson
Nuckolls
O'Malley

James
Kirkwood
Langley
Lewis, T.
McCall
Mica

Votes after roll call:
Nays-Jennings
Nays to Yeas-Morgan
So the bill passed and was immediately
Senate.

Pajcic
Papy
Patchett
Patterson
Poindexter
Poole
Ready
Richard
Rish
Robinson
Ryals
Sadowski
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Woodruff
Young

Morgan
Richmond
Sample
Williams

certified to the

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that the
Senate has passed-

by Mr. Boyd, the rules were waived and SB 7-,B,
was read the third time by title. On passage, the

Nays-26
Barrett
Burrall
Cassens

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Senator Lewis (by request)-
SB 11-B-A bill to be entitled An act relating to estate
taxes; creating s. 198.015, Florida Statutes, providing that, for
purposes of estate taxes, persons who have dwelt or lodged in
Florida for a certain time prior to their demise shall be pre-
sumed domiciliaries of the state; amending s. 198.15, Florida
Statutes, 1976 Supplement, extending to 10 years the aggregate
of extensions allowed on the payment of estate taxes which
are due; amending s. 198.16, Florida Statutes, 1976 Supplement,
increasing the interest rate charged on deficient estate taxes;
amending s. 198.22, Florida Statutes; increasing to 12 years
the amount of time for which a lien for unpaid taxes is valid
upon an estate; removing the waiver fee for waivers releasing
property from such lien; amending s. 198.35, Florida Statutes,
providing that the interpretation and construction of Florida's
estate tax laws shall, where applicable, be based on the in-
heritance tax laws of the United States effective January 1,
1978; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 11-B was read the first time by title. On motions by Mr.
Boyd, the rules were waived and SB 11-B was read the second
time by title and the third time by title. On passage, the vote
was:

Yeas-85

Dixon
Dyer
Easley
Eckhart
Fechtel
Fontana
Fortune
Fox
Frank
Gallagher
Gersten
Girardeau
Grosse
Gustafson
Haben
Hagler
Hazouri
Healey
Hector
Hieber
Hill
Hutto

Grizzle
Hattaway
Hawkins
Hazelton
Hodges
Hollingsworth
James

Jones
Kershaw
Kiser
Kutun
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Melvin
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls

Kirkwood
Langley
Lewis, T.
McCall
Mica
Patchett
Patterson

Votes after roll call:
Yeas-Foster
Nays-Jennings
So the bill passed and was immediately
Senate,

O'Malley
Pajcic
Papy
Poindexter
Poole
Ready
Richard
Rish
Ryals
Sadowski
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Woodruff
Young

Richmond
Robinson
Sample
Williams

certified to the

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed-

By Senator Gordon-
SB 12-B-A bill to be entitled An act relating to the sales tax;
amending s. 212.02(2) (a), Florida Statutes, 1976 Supplement;
redefining "sale" to include sales of motor vehicles to residents
of other states for use and registration in such other states;
renumbering s. 212.08(10), Florida Statutes, and adding a new
subsection (10) to said section; providing for the amount of

sales tax imposed upon the sale of a new or used motor
vehicle to a resident of another state; providing an effective
date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 12-B was read the first time by title. On motions by
Mr. Boyd, the rules were waived and SB 12-B was read the
second time by title and the third time by title. On passage, the
vote was:

Yeas-110

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

Nays-4
Grizzle
So the
Senate.

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

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

Neal
Nelson
Nuckolls
O'Malley
Pajcic
Papy
Patchett
Patterson
Poindexter
Poole
Ready
Richard
Rish
Robinson
Ryals
Sadowski
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young

Langley Richmond Sample
bill passed and was immediately certified to the

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed-

By Senator Lewis (by request)-
SB 14-B-A bill to be entitled An act relating to intangible
personal property tax; amending s. 199.112, Florida Statutes;
providing that for purposes of assessment of said tax sales of
tangible personal property are considered to be in this state
if delivered to a purchaser in this state regardless of the f.o.b.
point or other conditions of sale; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 14-B was read the first time by title. On motions by
Mr. Boyd, the rules were waived and SB 14-B was read the
second time by title and the third time by title. On passage, the
vote was:

Yeas-92

The Chair
Adams
Allen
Andrews
Batchelor
Becker
Bell
Black
Blackburn

Bloom
Boyd
Brown
Burnsed
Cassens
Cherry
Considine
Conway
Cox

Craig
Crawford
Crenshaw
Culbreath
Davis
Dixon
Dyer
Easley
Eckhart

Evans
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford

The Chair
Adams
Allen
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Davis

Nays-25.
Barrett
Batchelor
Burrall
Danson
Evans
Forbes
Fulford

June 23, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gallagher
Gersten
Girardeau
Gordon
Grosse
Gustafson
Haben
Hagler
Hazouri
Healey
Hector
Hieber
Hill
Hutto

Jones
Kershaw
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Mica

Hazelton
Hodges
Hollingsworth
James
Jennings
Kirkwood

Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Pajcic
Papy
Patterson
Poindexter
Poole

Kiser
Langley
Lewis, T.
McCall
Patchett
Richmond

bill passed and was immediately certified to the

Ready
Richard
Rish
Ryals
Sadowski
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Woodruff
Young

Robinson
Sample
Williams

Nuckolls
O'Malley
Pajcic
Papy
Patchett
Patterson
Poindexter
Poole

McPherson
Melvin
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal

Nays--23
Barrett
Burrall
Cassens
Danson
Evans
Fechtel

Ready
Richard
Rish
Ryals
Sadowski
Sheldon
Smith
Steinberg

James
Jennings
Langley
Lewis, J. W.
Lewis, T.
McCall

Votes after roll call:
Yeas-Nelson
Nays-Forbes
Nays to Yeas-Mica
So the bill passed and was immediately
Senate.

Taylor
Thompson
Ward
Warner
Woodruff
Young

Mica
Richmond
Robinson
Sample
Williams

certified to the

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Lewis (by request)-
SB 15-B-A bill to be entitled An act relating to the excise
tax on documents; amending s. 201.01, Florida Statutes; pro-
viding that the tax is applicable to documents recorded in the
state; deleting language with respect to notations on certain
mortgages of the amount of tax paid; requiring notation on
certain notes and certificates of tax paid on mortgages and
deeds of trust; amending s. 201.08(1), Florida Statutes; provid-
ing for application of the tax with respect to certain mortgages,
trust deeds, security agreements, or other evidences of indebted-
ness; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 15-B was read the first time by title. On motions by
Mr. Boyd, the rules were waived and SB 15-B was read the
second time by title and the third time by title.

Representative Moffitt offered the following amendment:
Amendment 1-On page 2, line 29, strike the period and
insert: except those which are executed by companies regu-
lated by the Florida Public Service Commission and which secure
bonds, certificates of indebtedness, promissory notes, or written
obligations to pay money executed or issued out of the state.
Mr. Moffitt moved the adoption of the amendment. Pending
consideration thereof, without objection, the amendment was
withdrawn.

The question recurred on the passage of SB 15-B. The vote
was:

Yeas-90

The Chair
Adams
Allen
Andrews
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cherry

Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Davis
Dixon
Dyer
Easley
Eckhart
Fontana
Fortune
Foster

Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grosse
Gustafson
Haben
Hagler
Hazelton
Hazouri
Healey
Hector
Hieber

Hill
Hutto
Jones
Kershaw
Kirkwood
Kiser
Kutun
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight

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

By Senator Poston-
SB 23-B-A bill to be entitled An act relating to motor ve-
hicle licenses; amending ss. 320.06(2), 320.0805(7), Florida Stat-
utes; removing the transfer fee and refunds on certain vehicles;
providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

Mr. Hagler moved that SB 23-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. The vote was:

Yeas-86

The Chair
Adams
Allen
Barrett
Becker
Bell
Black
Bloom
Boyd
Burnsed
Carlton
Cassens
Cherry
Conway
Cox
Craig
Crawford
Culbreath
Davis
Dixon
Easley
Eckhart

Fontana
Fortune
Foster
Fox
Gersten
Girardeau
Grizzle
Grosse
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
Jennings

Nays-8
Burrall Danson
Considine Evans

Jones
Kershaw
Kirkwood
Kiser
Kutun
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Melvin
Mica
Moffitt
Moore, R.
Moore, T.
Morgan
Neal

Nelson
Nuckolls
O'Malley
Pajcic
Papy
Patchett
Patterson
Poindexter
Ready
Richard
Rish
Robinson
Sadowski
Smith
Steinberg
Taylor
Warner
Williams
Woodruff
Young

Fulford James
Gallagher Thompson

Votes after roll call:
Yeas-Forbes, Blackburn

The motion was agreed to by the required Constitutional
two-thirds vote and SB 23-B was read the first time by title.
On motions by Mr. Hagler, the rules were waived and SB 23-B

Fulford
Grizzle
Hattaway
Hawkins
Hodges
Hollingsworth

Nays-21
Barrett
Burrall
Carlton
Danson
Grizzle
Hattaway
So the
Senate.

June 23, 1977

17

JOURNAL OF THE HOUSE OF REPRESENTATIVES

was read the second time
On passage, the vote was:

Yeas-110
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
Eckhart
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank'
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges

by title and the third time by title.

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

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

Nays-2
Evans Fulford
Votes after roll call:
Yeas-J. W. Lewis
Nays-Williams
So the bill passed and was immediately certified to the Senate.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed-

By Senator Lewis-
SB 24-B-A bill to be entitled An act relating to public
school funding; amending s. 236.081(3), Florida Statutes,
1976 Supplement; changing the method of determining the
differentials used in calculating the Florida Education Finance
Program in any year; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary
-was read the first time by title and referred to the Com-
mittee on Education.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed-

By Senator Castor and others-
SB 34-B-A bill to be entitled An act relating to educational
funding; providing legislative intent; requiring a minimum
level of funding for the compensatory education program in
certain budget proposals for the 1978-79 fiscal year; providing
an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 34-B was read the first time by title. On motion by Mrs.
Frank, the rules were waived and SB 34-B was read the second
time by title.

Representatives Bloom and Frank offered the following
amendment:

Amendment 1-On page 1, line 22, after "1977-78" insert:
and the supplemental appropriation of $15,000,000 provided for
by tax revenues produced in the 1977 Second Special Session
of the Legislature

Mrs. Frank moved the adoption of the amendment.

Ms. Evans moved that the amendment be laid on the table.
Pending consideration thereof, the motion was withdrawn and,
without objection, the amendment was withdrawn.

Representative Frank offered the following amendment:
Amendment 2-Insert: Section The requirement of each
school district to award certificates of attendance as prescribed
in s. 232.245, Florida Statutes, shall be deferred until the
1979-1980 school year which is the school year following the
budgeting of the compensatory education program at a minimum
level of $26,500,000 as provided in section 2.
Mrs. Frank moved the adoption of the amendment. On mo-
tion by Mr. Langley, the amendment was laid on the table. The
vote was:

Yeas-57

Allen
Andrews
Barrett
Batchelor
Blackburn
Burnsed
Cassens
Craig
Danson
Dixon
Easley
Eckhart
Evans
Forbes
Fortune

Nays-45
The Chair
Adams
Becker
Bell
Black
Bloom
Carlton
Considine
Conway
Crenshaw
Culbreath
Davis

Foster
Fulford
Grosse
Hagler
Hattaway
Hawkins
Hector
Hieber
Hodges
Hollingsworth
Hutto
Jennings
Jones
Kirkwood
Kiser

Fechtel
Fontana
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Haben
Hazelton
Hazouri

Langley
Lewis, T.
Martin
McCall
McDonald
Melvin
Mica
Mixson
Morgan
Nelson
Nuckolls
O'Malley
Papy
Patchett
Patterson

Healey
James
Kershaw
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Margolis
Maxwell
McKnight
Moffitt

Poindexter
Ready
Richard
Richmond
Rish
Robinson
Sample
Steinberg
Thompson
Ward
Williams
Woodruff

Moore, R.
Moore, T.
Neal
Pajcic
Sadowski
Sheldon
Taylor
Warner
Young

Votes after roll call:
Nays-Smith

Representative Foster offered the following amendment:
Amendment 3-On page 1, line 28, strike "Section 2. This
act shall take effect upon becoming a law." and insert: Section
2. Subsection (4) of section 232.245, Florida Statutes, 1976
Supplement, is created to read:
(4) During any school year in which 25 percent of the
pupils tested pursuant to this section, fail to meet the mini-
mum standards set forth, the school board shall evaluate those
teachers in the system deemed responsible for the education
of said pupils. Any teacher found not to meet a satisfactory
level of competency as determined by the State Board of Educa-
tion shall be removed from the school system regardless of
tenure.
Section 3. This act shall take effect July 1, 1977.

June 23, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Foster moved the adoption of the amendment.

Mr. Hodges moved the previous question on the amendment
and the bill, which was agreed to. The question recurred on
Amendment 3, which failed of adoption.

On motion by Mrs. Frank, the rules were waived and SB
34-B was read the third time by title. On passage, the vote
was:

Dixon
Dyer
Eckhart
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Grizzle
Grosse
Gustafson
Haben
Hawkins
Hazelton
Hazouri

Nays-31
Barrett Hattaway
Burnsed Hodges
Burrall Hollingsworth
Craig Hutto
Danson Jones
Evans Kirkwood
Fulford Langley
Hagler Lewis, J. W.
Votes after roll call:
Yeas-Gordon

Healey
Hector
Hieber
James
Jennings
Kershaw
Kiser
Kutun
Lewis, T.
Lockward
Malloy
Mann
M1Vargolis
Martin
McKnight
McPherson
Moffitt
Moore, R.
Moore, T.
Morgan

Maxwell
McCall
McDonald
Melvin
Mica
Mixson
Patchett
Patterson

So the bill passed and was immediately
Senate.

Neal
Nelson
Nuckolls
O'Malley
Pajcic
Papy
Poindexter
Poole
Richard
Richmond
Ryals
Sadowski
Sheldon
Smith
Steinberg
Taylor
Warner
Woodruff
Young

Ready
Rish
Robinson
Sample
Thompson
Ward
Williams

certified to the

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Lewis (by request)-
SB 8-B-A bill to be entitled An act relating to taxation;
amending ss. 210.02(1), (3)-(5), 210.20(2)(a), Florida Stat-
utes; increasing the excise or privilege tax on cigarettes;
changing the distribution of funds received from such taxes;
amending s. 200.132 (1), Florida Statutes, providing the meth-
od for determining population for purposes of distributing
such funds; providing an effective date.
-and requests the concurrence of the House therein.

Joe Brown, Secretary

SB 8-B was read the first time by title. On motion by Mr.
Boyd, the rules were waived and SB 8-B was read the second
time by title.

Representative Patchett offered the following amendment:
Amendment 1-On page 3, line 17, strike Section 4 and in-
sert:
Section 4. Part II of chapter 210, Florida Statutes, consist-
ing of sections 210.51, 210.515, 210.52, 210.54, 210.55, 210.56,
210.57, 210.58, 210.59, 210.61, 210.62, 210.65, 210.68, 210.70,
210.72, and 210.75, is created to read:

Yeas-79
The Chair
Adams
Allen
Andrews
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Cassens
Cherry
Considine
Conway
Cox
Crenshaw
Culbreath
Davis

(18) "Bonding agent" means any independent insurance
agent or company insurance agent authorized to do business in
this state and dealing in surety bonds.

PART II
TAX ON TOBACCO PRODUCTS
210.51 Definitions.-When used in this part, the following
words shall have the meaning herein indicated:
(1) "Tobacco products" means cigars, little cigars, smoking
tobacco, pipe tobacco, chewing tobacco, snuff, or tobacco in any
form, other than cigarettes, prepared or intended for consump-
tion or use by humans, including any substitutes therefore.
(2) "Person" means any individual, copartnership, society,
club, association, corporation, joint stock company, and any
combination of individuals and also an executor, administrator,
receiver, trustee, or other fiduciary.
(3) "Sale" means the first transfer, exchange, or barter in
any manner, or by any means whatever.
(4) "Retail sale" or "sale at retail" means a sale to a con-
sumer or to any person for any purpose other than resale.
(5) "Dealer" or "wholesaler" means any wholesale dealer as
hereinafter defined.
(6) "Wholesale dealer" means any person who imports or
sells tobacco products to wholesale or retail dealers or other
persons for purposes of resale only, or any person who operates
more than one vending machine from which tobacco products
are sold located in more than one place of business.
(7) "Retail dealer" means any person other than a whole-
sale dealer engaged in the business of selling tobacco products.
(8) "Package" means the individual package, box, or other
container in or from which wholesale sales of tobacco products
are normally made or intended to be made, as determined by
the division.
(9) "Agent" means any wholesale dealer authorized by the
Division of Beverage to purchase tobacco products directly from
the manufacturer.
(10) "Division" means the Division of Beverage of the De-
partment of Business Regulation.
(11) "Use" means the consuming, giving away, or disposing,
in any manner, of tobacco products.
(12) "First transfer" means the first use or consumption of
tobacco products within this state.
(13) "Distributing agent" means every person, firm or cor-
poration in this state who acts as an agent for any person,
firm or corporation outside or inside the state by receiving
tobacco products in interstate or intrastate commerce and stor-
ing such tobacco products subject to distribution or delivery
upon order from said principal to wholesale dealers and other
distributing agents inside or outside this state.
(14) "Place of business" means any place where tobacco
products are sold or where tobacco products are stored or kept
for the purpose of wholesale or retail sale or consumption; or,
if tobacco products are sold from a vending machine, the place
in which the vending machine is located.
(15) "Manufacturer's representative" means a person who
represents a manufacturer of tobacco products but who has
no place of business in this state where tobacco products are
stored. A manufacturer's representative is required to obtain
any tobacco products required by him through a wholesale
dealer in this state and to make such reports as may be re-
quired by the Division of Beverage of the Department of
Business Regulation.
(16) "Exporter" means a person who transports tax exempt
tobacco products into this state under bond for delivery beyond
the borders of this state. Each permit shall entitle the permitted
to store such tobacco products under bond at one location in
this state pending shipment beyond the borders of this state.
(17) "Manufacturer's price to the wholesaler" means that
price paid by the wholesale dealer to a manufacturer, importer,
or other wholesale dealer, whether foreign or domestic, as
stated on the shipping invoice.

June 23, 1977

19

20 JOURNAL OF THE HOUSE

210.515 Restrictions upon retail dealers.-Every retail dealer
engaging in the business of selling tobacco products, as defined
herein, shall purchase the tobacco products from the holder of
a wholesale dealer permit issued by the division.
210.52 Tax on tobacco products imposed; collection; reports;
etc.-
(1) An excise or privilege tax, in addition to all other taxes
of every kind imposed by law, is imposed upon the sale, receipt,
purchase, possession, consumption, handling, distribution, and
use of tobacco products, as defined herein, in this state at the
rate of 20 percent of the manufacturer's price to the whole-
saler dealer. However, tobacco products manufactured within
the State of Florida shall be exempt from the tax imposed in
this section.
(2) This tax shall be paid on a monthly basis by the whole-
sale dealer to the Division of Beverage of the Department of
Business Regulation, for deposit and distribution as hereinafter
provided, upon the first sale or transaction within the state,
whether or not such sale or transfer be to the ultimate
purchaser or consumer. The wholesale dealer shall collect
the tax from the purchaser or consumer and the purchaser or
consumer shall pay the tax to the wholesale dealer. The whole-
sale dealer shall be responsible for the collection of the tax
and the payment of the tax by the 10th of each month following
the month of collection. Whenever tobacco products are shipped
from outside the state to anyone other than a distributing agent
or wholesale dealer, the person receiving the tobacco products
shall be responsible for the tax on said tobacco products and
the payment of same to the division.
(3) It is the legislative intent that the tax on tobacco
products shall be uniform throughout the state.
(4) (a) Manufacturers and wholesale dealers shall each keep
a complete and accurate record and make reports showing
the amount of tobacco products manufactured or sold within
the state and to whom sold; also, of all tobacco products im-
ported from beyond the limits of the state and to whom sold;
also, all tobacco products exported beyond the limits of the state,
to whom sold, the place where sold and the address of the
person to whom sold. Manufacturers and wholesale dealers
shall make full and complete report by the 10th day of each
month for the previous calendar month. Said report shall be
made out in triplicate, two copies of which shall be sent to
the division, the third copy retained for the manufacturer's
or wholesale dealer's record. Reports shall be made on forms
prepared and furnished by the division.
(b) All manufacturers and wholesale dealers licensed under
this part shall maintain and keep for a period of 3 years
at their licensed places of business such records of tobacco
products received, sold, or delivered within or without this
state as may be required by the division.
210.54 Construction; exemptions; collection, etc.-
(1) The amount of taxes advanced and paid to the state
aforesaid shall be added to and collected as a part of the sales
price of the tobacco products, as defined herein, sold or dis-
tributed, which amount may be stated separately from the price
of tobacco products on all display signs, sales and delivery slips,
bills, and statements which advertise or indicate the price of the
product.
(2) The tax imposed on tobacco products shall be collected
only once upon the same package or container of such products.
(3) It shall be presumed that all tobacco products are
subject to the tax imposed by this part until the contrary is
established, and the burden of proof that they are not taxable
shall be upon the person having possession of them.
(4) Nothing in this part shall be construed to prohibit the
sale of tobacco products, upon which the tax has been ad-
vanced, through the medium of vending machines where the tax
is collected by the said vending machines.

(5) Except as hereinafter provided, all wholesale dealers
shall be liable for the collection and payment of the tax im-
posed by this part, and shall pay the tax to the division as
provided herein.
(6) The division may authorize manufacturers to distribute
in the state, through their representatives, free sample packages
or containers of tobacco products, and may limit the size thereof

sl

the law, such records to be kept and reports to be made to the
division by any distributing agent, wholesale dealer, retail
dealer, common carrier, or any other person handling, transport-
ing, or possessing tobacco products for sale or distribution
within the state as may be necessary to collect and properly
distribute the taxes imposed by s. 210.52. All reports shall be
made on or before the tenth day of the month following the
month for which the report is made, unless the division by rule
shall prescribe that reports be made more often.

E OF REPRESENTATIVES June 23, 1977

or amount contained therein as it deems necessary, provided that
copies of shipping invoices to such representatives be furnished,
and payment of all taxes imposed on said tobacco products by
law be made, directly to the division not later than the 10th day
of each calendar month.
210.55 Discount for collection of tax.-For the prompt and
proper remittance of the tax provided in this part, a wholesale
dealer shall be entitled to receive, as compensation for his
services and expenses, a discount at the rate of 2 9/10 percent of
the first $25,000 of tax remitted in a calendar month. The dis-
count rate shall be 2 percent on monthly amounts of tax due in
excess of $25,000.
210.56 Revocation of authority of wholesale dealer or per-
mittee.-The division may revoke the authority of any whole-
sale dealer or permitted failing to comply with the requirements
of this part or the rules promulgated hereunder and such whole-
sale dealer or permitted may in addition be punished in ac-
cordance with the provisions of this part.
210.57 Vending machines; identification stickers.-
(1) Wholesale or retail dealers of tobacco products owning,
leasing, furnishing, or operating vending machines from which
tobacco products are sold shall affix to each such machine in a
conspicuous place an identification sticker furnished by the
Division of Beverage. The sticker shall show the name and ad-
dress of the tobacco products wholesale or retail dealer owning,
leasing, furnishing, or operating said vending machines.
(2) No vending machine shall be allowed to operate in the
state that does not have affixed thereto the identification sticker
required by this section nor shall any vending machine be al-
lowed to operate in the state that does not display at all times
at least one package of each brand of the packages located
therein so the same are clearly visible. It shall be the duty of
any person, firm, or corporation operating a vending machine
from which tobacco products are sold in this state to furnish
the Division of Beverage the location of the vending machine
and to report within 30 days to the division any change of loca-
tion of the vending machine.
210.58 Bond for payment of taxes.-
(1) Each wholesale dealer shall file with the Division of
Beverage a surety bond from a bonding agent in an amount
equal to 110 percent of the wholesale dealer's tax liability for
a calendar month as surety for the payment of all taxes on
tobacco products as defined herein.
(2) Each distributing agent shall file with the division a
surety bond from a bonding agent in an amount not greater
than $10,000, nor less than $1,000, as determined by the divi-
sion based on the distributing agent's amount of business.
(3) If such wholesaler dealer or distributing agent is also
required to file a surety bond with the division as surety for
the payment of cigarette taxes as provided in s. 210.08, the
division shall not waive the bond required by this section or
by s. 210.08, but may accept one cumulative surety bond for
the total amount required by the division pursuant to both sec-
tions.
210.59 Records to be kept; reports to be made; examina-
tion.-
(1) Every person who shall possess or transport any tobacco
products upon which the tax has not been paid upon the public
highways, roads or streets of the state, shall be required to have
in his actual possession invoices or delivery tickets for such to-
bacco products. The absence of such invoices or delivery tickets
shall be prima face evidence that such person is a wholesaler
dealer in tobacco products in this state and subject to the provi-
sions of this part.
(2) The Division of Beverage is authorized to prescribe and
promulgate, by rules which shall have the force and effect of

JOURNAL OF THE HOUSI

(3) All distributing agents, wholesale dealers, or retail
dealers shall maintain and keep for a period of 3 years at the
place of business where any transaction takes place, such records
of tobacco products received, sold, or delivered within the state
as may be required by the division. The division or its duly
authorized representative is hereby authorized to examine the
books, papers, invoices, and other records, stock of tobacco
products in and upon any premises where the same are placed,
stored, and sold, and equipment of any such distributing agents,
wholesale dealers, or retail dealers, pertaining to the sale and
delivery of tobacco products taxable under this part. To verify
the accuracy of the tax imposed and assessed by this part, each
person is hereby directed and required to give to the division
or its duly authorized representatives the means, facilities, and
opportunity for such examinations as are herein provided for
and required.
(4) (a) All persons who are either wholesale dealers, vending
machine operators, or distributing agents, and agents and
employees of the same, are required to keep daily sales tickets
or invoices of tobacco product sales and it shall be the duty
of said persons to see that each sales ticket and invoice handled
by them or on behalf of them show the correct name and ad-
dress to whom sold and the number of packages or cartons of
each brand sold. It shall also be the duty of said persons to
see that each sales ticket or invoice correctly shows whether
the same is inside or outside of a qualified municipality and if
the sale is made within the limits of a qualified municipality,
the correct name of the municipality must be indicated.
(b) The Division of Beverage shall suspend or revoke the
license of any person who is either a wholesale dealer, vending
machine operator, or distributing agent upon sufficient cause
appearing that the said persons, or their agents or employees,
have failed to keep daily sales tickets or invoices in accordance
with this section.
(c) Before the division shall suspend or revoke the license of
any licensee under this part, the procedure set out in s. 561.29
shall be followed.
(5) Common carriers in this state are required to report to
the division all packages or cartons of tobacco products on which
the tax has not been paid which are refused by the consignee
because of damage or otherwise. Authority in writing from the
division must be obtained to sell or dispose of such tobacco
products on which the tax has not been paid. Any wholesale
dealer or distributing agent who refuses any shipment or part of
a shipment of untaxed tobacco products must show in his next
monthly report to the division the number of packages or cartons
of tobacco products refused and the name of the common carrier
from whom the tobacco products were refused.
210.61 Refunds; payment of tax.-Whenever any tobacco
products upon which the tax has been paid have been sold and
shipped into another state for sale or use therein, or have become
unfit for use and consumption or unsalable, or have been de-
stroyed, the wholesale dealer involved shall be entitled to a re-
fund of the actual amount of the tax paid with respect to such
tobacco products, less any discount allowed by the Division of
Beverage pursuant to s. 210.55, upon receipt of satisfactory
evidence of the wholesale dealer's right to receive such refund,
provided application for refund is made within 3 months of the
date the tobacco products were shipped out of the state, became
unfit, or were destroyed. The division may prescribe necessary
rules concerning refunds and redemptions under the provisions
of this part. Appropriation is hereby made out of revenues col-
lected under this part for payment of such allowances.
210.62 Seizures; forfeiture proceedings.-
(1) The state, acting by and through the Division of Bever-
age, shall be authorized and empowered to seize, confiscate, and
forfeit, for the use and benefit of the state, any tobacco products
upon which taxes payable hereunder may be unpaid, and also
any vending machine or receptacle in which such tobacco prod-
ucts are held for retail sale, or any vending machine that does
not have affixed thereto the identification sticker required by
the provisions of s. 210.57, or which does not display at all times
at least one package of each brand of tobacco products located
therein so the same is clearly visible. Such seizure may be made
by the division, its duly authorized representative, any sheriff
or deputy sheriff, or any police officer.

(2) The procedure for seizure, the listing, appraisal, adver-
tisement, and sale of the property seized, the bond of any claim-

June 23, 1977

ing. No wholesale dealer or exporter permit shall be issued to
any person who has been convicted within the past 5 years of
any offense against the tobacco products or cigarette laws of
this state or who has been convicted in this state, any other
state, or the United States during the past 5 years of any
offense designated as a felony by such state or the United
States, or to a corporation, any of whose officers have been

E OF REPRESENTATIVES 21

ant, the court proceedings, if any, including the parties, personal
service of citation, and other personal services, the services by
publication, judicial sale, and all other proceedings for the
confiscation and forfeiture of the property for the nonpayment
of the taxes shall be regulated, conducted, governed, and con-
trolled in the manner provided by chapter 562, relating to the
seizure, confiscation, and forfeiture of property under the
Beverage Law which is incorporated herein by reference except
to the extent that such sections may conflict or be inconsistent
herewith.
(3) From the proceeds of any sale hereunder the division
shall collect the tax on the property, together with a penalty
of 50 percent thereof and the costs incurred in such proceedings;
the balance, if any, shall be payable by the division to the
person in whose possession the said property was found or as the
court may direct.
(4) The distribution by the division of the proceeds of the
sale from any tobacco products or other property that may be
forfeited and confiscated hereunder, shall, after the payment
of expenses of such forfeiture, be governed by the provisions
of this part.
(5) No sale shall be made hereunder to any person except
a licensed wholesale or retail dealer authorized to engage in
the sale of tobacco products under the laws of Florida. AuI
sales shall be made to the highest and best bidder for cash. The
division shall provide for the payment of any taxes payable
upon any tobacco products sold hereunder before the same are
delivered to any purchaser.
(6) The state attorney for the judicial circuit in which such
property was seized shall act as the attorney for the division
in such confiscation and forfeiture proceedings.
210.65 Permits.-
(1) (a) Every person, firm, or corporation desiring to deal
in tobacco products as a distributing agent, wholesale dealer,
or exporter within this state shall file an application for a
tobacco products permit for each place of business with the
Division of Beverage or any assistant designated by it. Every
application for a permit shall be made on forms furnished by
the division and shall set forth the name under which the
applicant transacts or intends to transact business, the location
of his place of business within the state, and such other in-
formation as the division may require. If the applicant has
or intends to have more than one place of business dealing in
tobacco products within this state, the application shall state
the location of each place of business. If the applicant is an
association, the application shall set forth the names and
addresses of the persons constituting the association, and if a
corporation, the names and addresses of the principal officers
thereof and any other information prescribed by the division
for the purpose of identification. The application shall be
signed and verified by oath or affirmation by the owner, if a
natural person, and in the case of an association or partnership,
members or partners thereof, and in the case of a corporation,
by an executive officer thereof or by any person specifically
authorized by the corporation to sign the application, to which
shall be attached the written evidence of this authority. The
permit for a distributing agent shall be issued annually for
which an annual fee of $5 shall be charged.
(b) The holder of any duly issued, annual tobacco products
permit for a distributing agent shall be entitled to a renewal
of his annual permit from year to year as a matter of course,
on or before July 1, upon making application to the division
and upon payment of this annual permit fee.
(c) The tobacco products permit for a wholesale dealer or
exporter shall be issued only to persons of good moral character,
who are not less than 21 years of age. Wholesale dealer or
exporter permits to corporations shall be issued only to corpora-
tions whose officers are of good moral character and not less
than 21 years of age. There shall be no exemptions from the
permit fees herein provided to any persons, association of
persons or corporation, any law to the contrary notwithstand-

22 JOURNAL OF THE HOUSE

so convicted. The term "conviction" shall include an adjudication
of guilt on a plea of guilty or a plea of nolo contender, or the
forfeiture of a bond when charged with a crime.
(d) The division may refuse to issue a wholesale dealer
or exporter tobacco products permit to any person, firm or
corporation whose permit under the tobacco products or cigar-
ette law has been revoked or to any corporation, an officer
of which has had his permit under the tobacco products or
cigarette law revoked, or to any person who is or has been
an officer of a corporation whose permit has been revoked under
the tobacco products or cigarette law. Any permit issued to a
firm or corporation prohibited from obtaining such permit
under this part may be revoked by the division.
(e) Prior to an application for a wholesale dealer or ex-
porter tobacco products permit being approved, the applicant
shall file two sets of fingerprints on regular United States
Department of Justice forms for himself. The applicant shall
also file a set of fingerprints for any person or persons in-
terested directly or indirectly with the applicant in the business
for which the permit is being sought, when so required by the
division. If the applicant or any person interested with the
applicant, either directly or indirectly, in the business for which
the permit is sought shall be such a person as is within the
definition of persons to whom a wholesale dealer or exporter
permit shall be denied, then the application may be denied
by the division. If the applicant is a partnership, all members
of the partnership are required to file said fingerprints, or if
a corporation, all principal officers of the corporation are
required to file said fingerprints. The permit for a wholesale
dealer or exporter shall be originally issued at a fee of $100
which sum is to cover the cost of the investigation required
before issuing such permit.
(f) The tobacco products permit for a wholesale dealer or
exporter shall be renewed from year to year as a matter of
course at an annual cost of $5 on or before July 1 upon making
application to the division and upon payment of the annual re-
newal fee.
(g) Permittees, by acceptance of their permits, agree that
their places of business or vehicles transporting tobacco pro-
ducts shall always be subject to be inspected and searched with-
out search warrants for the purpose of ascertaining that all
provisions of this chapter are complied with by authorized em-
ployees of the division and also by sheriffs, deputy sheriffs and
police officers during business hours or during any other time
such premises are occupied by the permitted or other persons.
Retail dealers and manufacturers' representatives by dealing
in tobacco products, agree that their places of business or
vehicles transporting tobacco products shall always be subject
to inspection and search without search warrant for the pur-
pose of ascertaining that all provisions of this part are complied
with by authorized employees of the division and also by sher-
iffs, deputy sheriffs and police officers during business hours
or other times when the premises are occupied by the retail
dealer or manufacturers' representatives or other persons.
(h) No retail sales of tobacco products may be made at a
location for which a wholesale dealer, distributing agent, or ex-
porter permit has been issued. Retail sales of tobacco products
may be made from any location for which a general retailer's
license has been issued. The excise tax on sales made to any
traveling location, such as an itinerant store or industrial cater-
er, shall be paid into the General Revenue Fund unallocated.
Tobacco products may be purchased for retail purposes only
from a person holding a wholesale dealer permit. The invoice
for the purchase of tobacco products must show the place of
business for which the purchase is made and the tobacco pro-
ducts cannot be transferred to any other place of business for
the purpose of resale.
(2) Upon approval of the application, the division shall
grant and issue to each applicant a tobacco products permit
for each place of business within the state set forth in his
application. Tobacco products permits shall not be assignable
and shall be valid only for the persons in whose names issued,
and for the transaction of business at the places designated
therein, and shall at all times be conspicuously displayed at
the places for which issued.

(3) All tobacco products permits of distributing agents,
wholesale dealers, or exporters shall remain in force and ef-
fect until July 1 following their issuance, or until suspended,
surrendered, or revoked for cause by the division before July 1
following their issuance.

-:

E OF REPRESENTATIVES June 23, 1977

(4) Whenever any permit issued under the provisions of
this part is destroyed or lost, the holder thereof shall immediate-
ly make application for a duplicate permit on a form prescribed
by the division, which application shall be filed with the division
or any assistant designated by it. The said application shall
be under oath and shall state that the applicant is a holder
of a valid permit which has been destroyed or lost as the case
may be and that the said permit has not been suspended, sur-
rendered or revoked for cause by the division.
(5) Applicants for a tobacco products permit hereunder, by
the acceptance of such permit, agree that their places of busi-
ness covered by such permit shall always be subject to be in-
spected and searched without search warrant by the division
or any of its authorized assistants and also by sheriffs, deputy
sheriffs or police officers.
(6) The division shall promulgate suitable rules for carry-
ing out the provisions of this section.
210.68 Penalties for tax evasion; reports by sheriffs.-
(1) Any person who possesses or transports any tobacco
products for which the Florida tax provided in this part has
not been paid, upon the public highways, roads, or streets in
the state for the purpose of sale, or, who sells or offers for
sale such products in violation of the provisions of this part,
or, who willfully attempts in any manner to evade or defeat
any tax imposed by this part, or the payment thereof, shall
be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. Any person who has been
convicted of a violation of any provision of this part, and is
thereafter convicted of a further violation of this part, shall,
upon conviction of said further offense, be guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(2) Any wholesale or retail dealer who fails, neglects or
refuses to comply with, or violates the provisions of this
part or the rules promulgated by the division under this part
shall be guilty of a misdemeanor of the first degree, punish-
able as provided in s. 775.082 or s. 775.083. Any wholesale
or retail dealer who has been convicted of a violation of any
provision of this part, and is thereafter convicted of a further
violation of this part, shall, upon conviction of said further
offense, be guilty of a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) (a) Any person or corporation who owns or has in his
or its possession any tobacco products upon which a tax is im-
posed by this part, or which would be imposed if such tobacco
products were manufactured in or brought into this state in
accordance with the regulatory provisions of this part, and
upon which such tax has not been paid shall, in addition to the
fines and penalties otherwise provided in this part, be person-
ally liable for the amount of the tax imposed on such tobacco
products, and the division may collect such tax from such per-
son by suit or otherwise.
(b) This subsection shall not apply to manufacturers or
distributors licensed under this part, to state bonded warehouses,
or to persons possessing tobacco products having a retail value
not in excess of $15, which tobacco products have been pur-
chased by said possessor outside of the state in accordance with
the laws of the place where purchased and brought into this
state by said possessor. The burden of proof that such tobacco
products were purchased outside the state and in accordance
with the laws of the place where purchased shall in all cases be
upon the possessor of such tobacco products.
(4) (a) All tobacco products on which taxes are imposed
by this part, or would be imposed if such tobacco products were
manufactured in or brought into this state in accordance with
the regulatory provisions of such law, which are found in the
possession or custody or within the control of any person for the
purpose of being sold or removed by him in fraud of this part
or with design to evade payment of said taxes may be seized by
the division or any supervisor, sheriff, deputy sheriff, or other
law enforcement agent and shall be forfeited to the state.

(b) This subsection shall not apply to persons possessing
tobacco products having a retail value not in excess of $15,
which tobacco products have been purchased by said possessor
outside of the state in accordance with the laws of the place
where purchased and brought into this state by said possessor.
(5) Every person, firm, or corporation which removes, de-
posits, or conceals, or is concerned in the removing, depositing,

June 23, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

or concealing of, any tobacco products upon which the tax has
not been paid for or in respect whereof any tax is imposed
by this part or would be imposed if such tobacco products were
manufactured in or brought into this state, in accordance with
the regulatory provisions thereof, having a retail value in excess
of $50, with the intent to sell shall be guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(6) (a) Every person, firm, or corporation which possesses,
removes, deposits, or conceals, or is concerned in the removing,
depositing, or concealing of, any untaxed tobacco products for
or in respect whereof any tax is imposed by this part or would
be imposed if such tobacco products were manufactured in or
brought into this state, in accordance with the regulatory pro-
visions thereof, not having a retail value in excess of $50, with
the intent to defraud the state of such tax or any part thereof
shall be guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) This subsection shall not apply to persons possessing
tobacco products having a retail value not in excess of $50
purchased by said possessor outside of the state in accordance
with the laws of the place where purchased and brought into
this state by said possessor. The burden of proof that such
tobacco products were purchased outside the state and in ac-
cordance with the laws of the place where purchased shall
in all cases be upon the possessor of such tobacco products.
(7) Any sheriff, deputy sheriff, or police officer, upon the
seizure of any untaxed tobacco products under this section,
shall promptly report such seizure to the Division of Beverage
or its representative, together with a description of all such
untaxed tobacco products seized so that the state may be
kept informed as to the size and magnitude of the illicit tobac-
co business.
210.70 Employees and assistants; distribution of funds.-
(1) The Division of Beverage under the applicable rules
of the Department of Administration shall have the power to
employ such employees and assistants and incur such other
expenses as may be necessary for the administration of this
part, within the limits of an appropriation for the operation of
the Department of Business Regulation as may be authorized
by the General Appropriations Act.
(2) As collections are received by the Division of Beverage
from such taxes on tobacco products as defined herein, it shall
pay the same into the General Revenue Fund. It is the intent
of the Legislature that such collections shall only be expended
on the K-12 education program within this state.
210.72 Declaration of legislative intent.-In the event that
any section or clause hereof shall for any reason be held or
declared invalid, the same shall be eliminated and the remain-
ing portion or portions hereof shall remain in full force and
effect as if such invalid clause or section had not been incor-
porated herein, provided that s. 210.70 is declaratory of the
specific legislative intent in the passage of this part, and should
said section be declared unconstitutional, ineffective, or invalid,
then in such event, the entire part shall become inoperative and
void.
210.75 Applicability of specified sections of part I.-The
provisions of ss. 210.10, 210.13, 210.14, 210.16, and 210.19 of
part I, relating to general powers of the Division of Beverage,
determination of tax upon failure to file a return, warrants for
collection of taxes, revocation or suspension of permits, and
records to be kept by the Division of Beverage, shall, as far as
is lawful and practicable, be applicable to the tax levied and
imposed by this part, and to the collection thereof, as fully as
if set out in this part; however:
(1) As used in said sections, "cigarette" or any variant
thereof means "tobacco product," or appropriate variant, as
defined herein.
(2) No provision of any such section shall apply if it con-
flicts with any provision of this part.
Section 5. In editing manuscript for the next edition of
the official Florida Statutes, the Statutory Revision and Index-
ing Division of the Joint Legislative Management Committee
shall designate ss. 210.01-210.22, Florida Statutes, inclusive, as
part I of chapter 210, Florida Statutes, and shall change "chap-
ter" to "part" wherever the same appears in said sections.

Section 6. This act shall take effect July 1, 1977.
Mr. Patchett moved the adoption of the amendment.

Mr. Pajcic moved the previous question on the amendment,
which was agreed to. The question recurred on Amendment 1,
which was adopted.

Representative Patchett offered the following title amend-
ment:
Amendment 2-On page 1, line 6, after the semicolon insert:
creating part II of chapter 210, Florida Statutes, consisting
of ss. 210.51-210.75; providing definitions; requiring retail deal-
ers selling tobacco products, other than cigarettes, to purchase
such products from a wholesale dealer holding a permit; im-
posing a tax upon such tobacco products; exempting Florida
products; providing for the payment and collection of such
tax in a manner similar to that provided for the cigarette tax;
providing for records and reports; providing a discount to
wholesalers for prompt and proper remittance of the tax;
authorizing the Division of Beverage to revoke a wholesale deal-
er's or permitted's authority; requiring identification stickers
on vending machines; requiring posting of a bond, the sum
of which shall be in addition to any such bond posted pursuant
to the Cigarette Law; providing for the posting of one bond for
the total amount owed; providing for records and reports;
providing for refunds; providing for seizures and forfeiture pro-
ceedings; providing for permits for distributing agents, whole-
sale dealers, and exporters; providing penalties for tax evasion;
authorizing the employment of assistants and employees; pro-
viding for the payment of tax revenues into the General Revenue
Fund; providing legislative intent; providing for applicability
of certain portions of the Cigarette Tax Law (relating to general
powers of the division, determination of tax upon failure to file
a return, warrants, revocation or suspension of permits, and
division records) to the tax on tobacco products; directing that
changes in terminology in the Florida Statutes be made;
Mr. Patchett moved the adoption of the amendment, which
was adopted.

On motion by Mr. Boyd, the rules were waived and SB
8-B, as amended, was read the third time by title.

Mr. Hazelton moved the previous question, which was agreed
to. The question recurred on the passage of SB 8-B. The vote
was:

Yeas-31

The Chair
Batchelor
Blackburn
Boyd
Burnsed
Carlton
Cassens
Evans

Nays-82
Adams
Allen
Andrews
Barrett
Becker
Bell
Black
Bloom
Brown
Burrall
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Danson
Dixon
Dyer

Fechtel
Fontana
Fortune
Foster
Gordon
Hagler
Hill
Hutto

Easley
Eckhart
Forbes
Fox
Frank
Gallagher
Gersten
Girardeau
Grizzle
Grosse
Gustafson
Haben
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hodges
Hollingsworth

Jones
Langley
Mann
Martin
Maxwell
McDonald
Moore, R.
Neal

James
Jennings
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Margolis
McCall
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, T.
Morgan
Nelson

Nuckolls
O'Malley
Papy
Patchett
Poindexter
Ready
Woodruff

Pajcic
Patterson
Poole
Richard
Richmond
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Votes after roll call:
Nays-Fulford
Nays to Yeas-Crawford
So the bill failed to pass.

23

JOURNAL OF THE HOUSE OF REPRESENTATIVES

June 23, 1977

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed-HB 12-B
Joe Brown, Secretary
The bill was ordered enrolled.
Without objection, the House reverted to the order of-

Introduction and Reference

By the Committee on Finance & Taxation-
HB 39-B-A bill to be entitled An act relating to taxation;
amending ss. 125.0165(1), 212.05, 212.055(1), and 212.12(1),
(10) and (11), Florida Statutes, 1976 Supplement, and ss. 212.-
03(1), (3), and (6), 212.031(1), 212.04(1) and (5), and 212.06-
(1) (a), Florida Statutes, and amending s. 212.08(3), Florida
Statutes; increasing the tax on sales, use, and other transactions
under chapter 212, Florida Statutes, to 4.5 percent and reducing
the dealer's credit to 2.6 percent; providing an effective date.
-was read the first time by title. On motion by Mr. Boyd,
the rules were waived and HB 39-B was read the second time
by title.

THE SPEAKER PRO TEMPORE IN THE CHAIR

Mr. Dixon moved the previous question, which was agreed to.
On motion by Mr. Boyd, the rules were waived and HB 39-B
was read the third time by title. On passage, the vote was:

Yeas-50
Adams
Bell
Black
Bloom
Boyd
Brown
Cherry
Considine
Conway
Cox
Dyer
Easley
Fontana

Nays-61
The Chair
Allen

Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Haben
Hazelton
Hazouri
Healey
Hector
Hieber
Kershaw

Andrews
Barrett

Kiser
Kutun
Lewis, T.
Lockward
Malloy
Margolis
Martin
McDonald
McKnight
McPherson
Moffitt
Moore, T.
Morgan

O'Malley
Pajcic
Poindexter
Poole
Richard
Sadowski
Sheldon
Steinberg
Taylor
Warner
Young

Batchelor Blackburn
Becker Burnsed

Burrall Foster Kirkwood
Carlton Fulford Langley
Cassens Gallagher Lewis, J. W.
Craig Grizzle Mann
Crawford Hagler Maxwell
Crenshaw Hattaway McCall
Danson Hawkins Melvin
Davis Hill Mica
Dixon Hodges Mixson
Eckhart Hollingsworth Moore, R.
Evans Hutto Neal
Fechtel James Nelson
Forbes Jennings Nuckolls
Fortune Jones Papy
Votes after roll call:
Nays-Culbreath, Woodruff, Richmond
So the bill failed to pass.

Patchett
Patterson
Ready
Rish
Robinson
Sample
Smith
Thompson
Tucker
Ward
Williams

THE SPEAKER IN THE CHAIR

Mr. Craig moved that the House reconsider the vote by which
the bill failed to pass. On motion by Mr. Melvin, the motion to
reconsider was laid on the table.

Mr. Craig moved that the House adjourn after the receiving
of Reports to reconvene at 8:00 a.m. tomorrow, which was
agreed to.

Co-introducers
HB 1-B-Foster
HB 3-B-Mixson

Reports of Standing Committees
The Committee on Finance & Taxation recommends the
following pass:
HB 2-B (fiscal note attached)
HB 3-B (fiscal note attached)
HB 4-B (fiscal note attached)
HB 9-B (fiscal note attached)
HB 14-B (fiscal note attached)
HB 23-B (fiscal note attached)
The above bills were placed on the calendar.

Adjournment
Pursuant to the motion previously adopted, the House ad-
journed at 10:10 p.m. to reconvene at 8:00 a.m. tomorrow.

24

Je JourijalOF THE

VHouse of Npreseijtatives

SPECIAL SESSION

Friday, June 24, 1977

The House was called to order by the Speaker at 8:00 a.m.

The following Members were recorded present:

Easley
Eckhart
Evans
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
Hodges

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

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

Excused: Representatives Ewing, Hodes, Lehman, Ogden, and
Woodruff; Representative Redman until 10:00 a.m.
A quorum was present.

Prayer

Prayer by Representative Ronald R. Richmond:
Our Heavenly Father, we thank Thee for this day and
for the opportunity to serve Thee and Thy people. Grant
unto us the wisdom and courage to do what is right and
pleasing in Thy sight, both as it pertains to the affairs of
this State and as it pertains to our everyday lives. Father,
we ask that You will guide and protect our families while
we are apart. Guide us in all our actions and thoughts. All
this we ask in Jesus' name. Amen.

The Journal

The Journal of June 23 was approved.

Introduction and Reference

By Representatives Robinson and Brown-
HB 20-B-A bill to be entitled An act relating to the letting
of public contracts; creating s. 163.04, Florida Statutes, pro-

viding definitions; authorizing preferences to certain contrac-
tors; providing an effective date.

On motion by Mr. Melvin, the bill was laid on the table,
SB 37-B, a similar or companion measure, having passed the
House yesterday.

Mr. Young suggested the absence of a quorum. A quorum of
87 Members was present.

By Representatives Young and Adams-
HB 21-B-A bill to be entitled An act relating to county-
owned real property; amending s. 125.35, Florida Statutes;
authorizing the lease of county real property by the board
of county commissioners without competitive bids; providing
for severability; providing an effective date.

Mr. Young moved that HB 21-B be admitted for introduction,
the Speaker having ruled that the measure was outside the pur-
view of the Governor's call. The vote was:

Yeas-80

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
Eckhart
Fontana
Fortune
Foster
Fox
Frank
Fulford
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges

Hollingsworth
Hutto
Jennings
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, T.
Lockward
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
Melvin
Mica
Mixson

Gallagher Lewis, J. W.
James Neal

Moffitt
Moore, R.
Moore, T.
O'Malley
Patterson
Poindexter
Poole
Ready
Richmond
Rish
Ryals
Sadowski
Sample
Sheldon
Steinberg
Taylor
Ward
Warner
Williams
Young

Pajcic

Votes after roll call:
Yeas-Black, Gersten, Nelson, Becker, Malloy, Smith, Nuck-
olls, Patchett, Papy, Cherry
Nays-Thompson

The motion was agreed to by the required Constitutional two-
thirds vote and HB 21-B was read the first time by title. On
motions by Mr. Young, the rules were waived and HB 21-B
was read the second time by title and the third time by title.
On passage, the vote was:

25

The Chair
Adams
Allen
Barrett
Batchelor
Bell
Blackburn
Bloom
Boyd
Burnsed
Burrall
Carlton
Considine
Conway
Cox
Craig
Crawford
Culbreath
Dixon
Dyer

Nays-7
Cassens
Danson

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-91
The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Bell
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Cassens
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Danson
Dixon

Dyer
Easley
Eckhart
Fontana
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges

Hollingsworth
Hutto
James
Jennings
Kershaw
Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
Melvin
Mica
Mixson
Moffitt
Moore, R.

Nays-1
Kirkwood
Votes after roll call:
Yeas-Black, Cherry, Evans, Gersten, Morgan, Nuckolls,
Robinson, Becker, Considine, Malloy, Patchett, Forbes, Papy
So the bill passed and was immediately certified to the
Senate.

By Representative Smith-
HB 22-B-A bill to be entitled An act relating to the Legis-
lature; creating ss. 11.701-11.709, Florida Statutes; providing
legislative intent; providing definitions; establishing the Florida
Joint Legislative Committee on Organized Crime; providing for
an executive director and other employees; providing powers
and duties of the committee; providing for investigations and
hearings; providing procedures; providing for closed meetings;
authorizing cooperation with other law enforcement agencies;
providing for salaries and expenses; providing an appropriation;
providing for a report to the Legislature; providing an effective
date.
Mr. Smith moved that HB 22-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. The vote was:

Yeas-86

Fortune
Foster
Fox
Frank
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Kirkwood

Fontana

Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Neal
Nelson

Fulford

O'Malley
Patterson
Poindexter
Poole
Richard
Richmond
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Gallagher

Votes after roll call:
Yeas-Black, Becker, Forbes, Gersten, Malloy, Nuckolls, Papy,
Cherry

The motion was agreed to by the required Constitutional
two-thirds vote and HB 22-B was read the first time by title.
On motions by Mr. Smith, the rules were waived and HB
22-B was read the second time by title and the third time by
title. On passage, the vote was:

Yeas-97

Moore, T.
Neal
Nelson
O'Malley
Pajcic
Patterson
Poindexter
Poole
Richmond
Rish
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Easley
Eckhart
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth

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

Nays-None
Votes after roll call:
Yeas-Black, Cherry, Evans, Gersten,
Becker, Malloy, Patchett, Papy

Neal
Nelson
O'Malley
Patterson
Poole
Ready
Richard
Richmond
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Morgan, Nuckolls,

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

By Representative Lockward-
HB 27-B-A bill to be entitled An act relating to veterans;
amending s. 292.05(2), Florida Statutes, as created by an act
enacted by the 1977 Regular Session of the Legislature; delet-
ing the requirement that the Director of the Division of Veter-
ans' Affairs be selected by the Secretary of Community Affairs
from a list of persons nominated by the Advisory Council on
Veterans' Affairs; deleting the requirement that the director's
salary be fixed by the secretary; providing an effective date.

Mr. Lockward moved that HB 27-B be admitted for intro-
duction, the Speaker having ruled that the measure was out-
side the purview of the Governor's call. The vote was:

Yeas-91

The Chair
Adams
Allen
Barrett
Batchelor
Bell
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath

Dixon
Dyer
Easley
Eckhart
Fechtel
Forbes
Fortune
Foster
Fox
Frank
Fulford
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hazelton

Hazouri
Healey
Hector
Hieber
Hodges
Hollingsworth
Hutto
James
Jennings
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin

McCall
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Neal
Nelson
Nuckolls
O'Malley
Pajcic
Patterson
Poindexter
Poole
Ready
Richard

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

The Chair
Adams
Andrews
Barrett
Batchelor
Blackburn
Bloom
Burnsed
Burrall
Carlton
Cassens
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Dixon
Dyer
Easley
Eckhart
Fechtel

Nays-4
Danson

June 24, 1977

26

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Sadowski
Sample
Sheldon
Smith

Danson

Steinberg
Taylor
Thompson
Ward

Gallagher

Warner
Williams
Young

Votes after roll call:
Yeas-Gersten, Becker, Malloy, Papy, Cherry

The motion was agreed to by the required Constitutional
two-thirds vote and HB 27-B was read the first time by title.
On motions by Mr. Lockward, the rules were waived and HB
27-B was read the second time by title and the third time by
title. On passage, the vote was:

Yeas-95

Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hazelton
Hazouri
Healey
Hector
Hieber
Hodges
Hollingsworth
Hutto

James
Jennings
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Neal
Nelson

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

Nays-None
Votes after roll call:
Yeas-Cherry, Evans, Langley, Morgan, Becker, Malloy,
Patchett, Papy, Brown
So the bill passed and was immediately certified to the
Senate.

By Representative Steinberg-
HB 29-B-A bill to be entitled An act relating to the In-
vestor Protection Act; amending s. 2(5) (b) of House Bill 1828,
as enacted during the 1977 Regular Session of the Legislature;
excluding certain offers from exempt offers; providing an ef-
fective date.
Mr. Steinberg moved that HB 29-B be admitted for intro-
duction, the Speaker having ruled that the measure was outside
the purview of the Governor's call. The vote was:

Culbreath
Dixon
Dyer
Easley
Eckhart
Forbes
Fortune
Fox
Fulford
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler

Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Kershaw
Kirkwood
Kiser

Kutun
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt

Moore, R.
Moore, T.
Neal
Nelson
Nuckolls
O'Malley

Patterson
Poindexter
Poole
Ready
Richard
Richmond

Richmond
Rish
Robinson
Ryals

Nays-3
Cassens

Rish
Ryals
Sample
Smith
Steinberg
Thompson

Frank
Gallagher

Ward
Warner
Williams
Young

Taylor

Yeas-Becker, Malloy, Cherry, Papy

The motion was agreed to by the required Constitutional two-
thirds vote and HB 29-B was read the first time by title. On
motions by Mr. Steinberg, the rules were waived and HB 29-B
was read the second time by title and the third time by title.
On passage, the vote was:

Yeas-100

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

Easley
Eckhart
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber

Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Mann
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt

Moore, R.
Moore, T.
Neal
Nelson
Nuckolls
O'Malley
Patterson
Poindexter
Poole
Ready
Richard
Richmond
Rish
Robinson
Ryals
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Nays-None
Votes after roll call:
Yeas-Evans, Morgan, Becker, Malloy, Papy, Patchett
So the bill passed and was immediately certified to the
Senate.

Recess
At 8:26 a.m. the House stood in formal recess, to reconvene
upon the call of the Speaker.

Reconvened
The House was called to order by the Speaker at 9:07 a.m.

A quorum was present.

Reconsideration
On motion by Mr. Richmond, by unanimous consent, the
House agreed to reconsider the vote by which CS for SB 6-B
failed to pass yesterday and-
CS for SB 6-B-A bill to be entitled An act relating to bev-
erage taxation; amending s. 563.05, Florida Statutes; increas-
ing the excise tax on malt beverages; amending s. 564.06
(1)-(4), Florida Statutes, and adding subsection (7) to said
section; providing a dealer's credit; increasing the excise tax
on wines and beverages; amending s. 565.12(1), (2), Florida
Statutes; increasing the excise tax on liquors and beverages;

Nays-9
Burrall Fechtel
Cassens Fontana
Danson Foster
Votes after roll call:

The Chair
Adams
Allen
Barrett
Batchelor
Blackburn
Bloom
Boyd
Burnsed
Burrall
Carlton
Cassens
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Danson
Dixon
Dyer
Easley
Eckhart
Fechtel

Yeas-86
The Chair
Adams
Allen
Barrett
Batchelor
Bell
Blackburn
Bloom
Brown
Burnsed
Carlton
Conway
Cox
Craig
Crawford
Crenshaw

27

June 24, 1977

28 JOURNAL OF THE HOUSE

creating s. 561.501, Florida Statutes; providing for applica-
bility of tax increases; providing an effective date.
-was placed on third reading.

On motion by Mr. Richmond, the House agreed to reconsider
the vote by which Substitute Amendment 1 was adopted. With-
out objection, Substitute Amendment 1 was withdrawn. The
question recurred on Amendment 1. Without objection, Amend-
ment 1 was withdrawn.

On motions by Mr. Richmond, the House agreed to recon-
sider the votes by which Amendments 2 and 3 were adopted.
Without objection, Amendments 2 and 3 were withdrawn.

Mr. Batchelor moved the previous question, which was agreed
to. The question recurred on the passage of CS for SB 6-B. The
vote was:

Yeas-73

Culbreath
Davis
Dixon
Dyer
Easley
Evans
Fechtel
Fontana
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Gustafson
Hazelton
Hazouri
Hector
Hieber

Grizzle
Haben
Hagler
Hattaway
Hawkins
Healey
Hodges
Hollingsworth
Jennings
Kirkwood

Hill
Hutto
James
Kershaw
Kutun
Langley
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight
McPherson
Mixson
Moffitt
Moore, R.
Moore, T.

Kiser
Lewis, J. W.
Lewis, T.
McCall
Melvin
Mica
O'Malley
Patterson
Poole
Richmond

Votes after roll call:
Yeas-Jones, Grosse, Gordon, Redman
Nays to Yeas-Sheldon, Ward
So the bill passed, as amended, and was
fied to the Senate after engrossment.

Morgan
Neal
Nelson
Nuckolls
Papy
Patchett
Poindexter
Ready
Richard
Rish
Ryals
Sadowski
Smith
Steinberg
Taylor
Thompson

Robinson
Sample
Sheldon
Ward
Warner
Williams
Young

immediately certi-

Continuation of Introduction and Reference

By Representative McPherson-
HB 35-B-A bill to be entitled An act relating to cigarettes;
amending s. 210.15(1) (f), Florida Statutes, and adding a sub-
section (8) thereto, relating to dealers who operate without a
permit and increasing the annual permit fee; amending s.
210.18(6) (a), Florida Statutes, repealing subsection (7) there-
of, and adding a subsection (9) thereto, relating to evasion of
the cigarette tax; adding subsection (18) to s. 210.01, Florida
Statutes, to define unstampedd package" and unstampedd cig-
arettes"; amending ss. 561.01(1), 561.02, and 210.10(1), Flor-
ida Statutes, to change the name of the Division of Beverage;
directing the statutory revision and indexing division to make
certain changes; providing for computation of the dealer dis-
count by the stamping location; providing an effective date.
Mr. McPherson moved that HB 35-B be admitted for intro-
duction, the Speaker having ruled that the measure was outside
the purview of the Governor's call. The vote was:

3E OF REPRESENTATIVES

Yeas-86
The Chair
Adams
Allen
Barrett
Batchelor
Becker
Black
Blackburn
Bloom
Boyd
Burnsed
Carlton
Cherry
Cox
Craig
Crawford
Culbreath
Davis
Dixon
Dyer
Easley
Eckhart

Nays-10
Burrall
Cassens
Danson

Evans
Fechtel
Fontana
Fortune
Foster
Fox
Fulford
Gersten
Girardeau
Grizzle
Gustafson
Haben
Hawkins
Hazelton
Hazouri
Hector
Hieber
Hill
Hutto
James
Jennings
Kershaw

Forbes
Gallagher
Hattaway

Kirkwood
Kiser
Kutun
Langley
Lewis, T.
Lockward
Malloy
Mann
Margolis
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Morgan
Neal
Nelson

Hodges
Hollingsworth
Poole

Nuckolls
O'Malley
Papy
Patchett
Patterson
Poindexter
Ready
Richard
Richmond
Rish
Ryals
Sadowski
Sample
Smith
Steinberg
Taylor
Thompson
Ward
Williams
Young

Warner

Votes after roll call:
Yeas-Conway, Jones, Bell, Brown, Gordon, Grosse

The motion was agreed to by the required Constitutional
two-thirds vote and HB 35-B was read the first time by title.
On motion by Mr. McPherson, the rules were waived and HB
35-B was read the second time by title. Mr. Hazelton moved the
previous question, which was agreed to. On motion by Mr. Mc-
Pherson, the rules were waived and HB 35-B was read the third
time by title. On passage, the vote was:

The Chair
Adams
Allen
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cherry
Considine
Conway
Cox
Craig
Crawford

Nays-37
Andrews
Barrett
Burrall
Cassens
Crenshaw
Danson
Eckhart
Forbes
Fulford
Gallagher

Dyer
Easley
Evans
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Gallagher
Gersten
Girardeau
Gordon
Grosse
Haben
Hattaway
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto

Frank
Fulford
Grizzle

James
Jennings
Jones
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.

Hagler
Hawkins
Lewis, J. W.

Morgan
Neal
Nelson
Nuckolls
O'Malley
Papy
Patchett
Patterson
Poindexter
Poole
Ready
Richard
Richmond
Rish
Ryals
Sadowski
Sample
Smith
Steinberg
Taylor
Thompson
Ward
Williams
Young

Robinson
Warner

Votes after roll call:
Yeas-Sheldon, Gustafson, Considine
Nays to Yeas-Hawkins, J. W. Lewis, Crenshaw, Warner,
Eckhart
So the bill passed and was immediately certified to the
Senate.

Yeas-99
The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Cassens
Cherry
Conway
Cox
Craig
Crawford
Culbreath
Danson
Davis

Nays-11

Crenshaw
Dixon
Eckhart

June 24, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Reconsideration
On motion by Mr. Culbreath, the House agreed to reconsider
the vote by which SB 8 as amended by the House, failed to pass
and-
SB 8-B-A bill to be entitled An act relating to taxation;
amending ss. 210.02(1), (3)-(5), 210.20(2)(a), Florida Stat-
utes; increasing the excise or privilege tax on cigarettes;
changing the distribution of funds received from such taxes;
creating part II of chapter 210, Florida Statutes, consisting
of ss. 210.51-210.75; providing definitions; requiring retail deal-
ers selling tobacco products, other than cigarettes, to purchase
such products from a wholesale dealer holding a permit; im-
posing a tax upon such tobacco products; exempting Florida
products; providing for the payment and collection of such
tax in a manner similar to that provided for the cigarette tax;
providing for records and reports; providing a discount to
wholesalers for prompt and proper remittance of the tax;
authorizing the Division of Beverage to revoke a wholesale deal-
er's or permitted's authority; requiring identification stickers
on vending machines; requiring posting of a bond, the sum
of which shall be in addition to any such bond posted pursuant
to the Cigarette Law; providing for the posting of one bond for
the total amount owed; providing for records and reports;
providing for refunds; providing for seizures and forfeiture pro-
ceedings; providing for permits for distributing agents, whole-
sale dealers, and exporters; providing penalties for tax evasion;
authorizing the employment of assistants and employees; pro-
viding for the payment of tax revenues into the General Revenue
Fund; providing legislative intent; providing for applicability
of certain portions of the Cigarette Tax Law (relating to general
powers of the division, determination of tax upon failure to file
a return, warrants, revocation or suspension of permits, and
division records) to the tax on tobacco products; directing that
changes in terminology in the Florida Statutes be made;
amending s. 200.132 (1), Florida Statutes, providing the meth-
od for determining population for purposes of distributing
such funds; providing an effective date.
-was placed on third reading.

Mr. Hodges moved the previous question, which was agreed
to. The question recurred on the passage of SB 8-B. The vote
was:

Yeas-51

The Chair
Allen
Batchelor
Becker
Bell
Blackburn
Boyd
Brown
Burnsed
Carlton
Cassens
Cherry
Considine

Nays-62

Conway
Craig
Crawford
Culbreath
Davis
Dyer
Evans
Fechtel
Fortune
Gersten
Girardeau
Gordon
Hagler

Adams Frank
Andrews Fulford
Barrett Gallagher
Black Grizzle
Bloom Grosse
Burrall Gustafson
Cox Haben
Crenshaw Hattaway
Danson Hawkins
Dixon Hazelton
Easley Hazouri
Eckhart Healey
Fontana Hodges
Forbes Hollingsworth
Foster James
Fox Jennings
Votes after roll call:
Yeas to Nays-Thompson
Nays to Yeas-Bloom
So the bill failed to pass.

Hector
Hieber
Hill
Hutto
Jones
Kutun
Langley
Lockward
Mann
Margolis
Maxwell
McDonald
Moore, R.

Kershaw
Kirkwood
Kiser
Lewis, J. W.
Lewis, T.
Malloy
Martin
McCall
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Morgan
Patterson

Moore, T.
Neal
Nelson
Nuckolls
O'Malley
Papy
Patchett
Poindexter
Ready
Richard
Steinberg
Thompson

Poole
Richmond
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Taylor
Ward
Warner
Williams
Young

Subsequently, on motion by Mr. Haben, by consent, the
House again reconsidered the vote by which SB 8-B failed to
pass and the bill was placed on third reading.

On motions by Mr. Patchett, the House reconsidered the
votes by which Amendments 1 and 2 were adopted yesterday.
Without objection, the amendments were withdrawn.

Mr. Blackburn moved the previous question, which was
agreed to. The question recurred on the passage of-
SB 8-B-A bill to be entitled An act relating to taxation;
amending ss. 210.02(1), (3)-(5), 210.20(2) (a), Florida Stat-
utes; increasing the excise or privilege tax on cigarettes;
changing the distribution of funds received from such taxes;
amending s. 200.132 (1), Florida Statutes, providing the meth-
od for determining population for purposes of distributing
such funds; providing an effective date.

The vote was:

Yeas-69

The Chair
Allen
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cassens
Cherry
Conway
Cox
Craig
Crawford

Nays-42
Adams
Andrews
Barrett
Burrall
Considine
-Crenshaw
Danson
Dixon
Easley
Eckhart
Fontana

Culbreath
Davis
Dyer
Evans
Fechtel
Fortune
Foster
Fox
Gallagher
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hazelton
Hazouri
Hector

Forbes
Fulford
Grizzle
Grosse
Hattaway
Hawkins
Healey
Hodges
Hollingsworth
Jennings
Kershaw

Hieber
Hill
Hutto
James
Jones
Kutun
Langley
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McKnight
Moffitt
Moore, R.

Kirkwood
Kiser
Lewis, J. W.
McCall
McPherson
Melvin
Mica
Mixson
Patterson
Poole
Richmond

Votes after roll call:
Yeas-Redman
So the bill passed and was immediately
Senate.

Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Papy
Patchett
Poindexter
Ready
Richard
Steinberg
Taylor
Thompson
Warner

Rish
Robinson
Ryals
Sadowski
Sample
Smith
Ward
Williams
Young

certified to the

Continuation of Introduction and Reference

By the Committee on Finance & Taxation and Representatives
Melvin, McDonald, Easley, Langley, Sample, Burrall, Patchett,
Hollingsworth, Hawkins, Dyer, Maxwell, Mixson, Burnsed,
Nuckolls, Barrett, Thompson, Richmond, Hodges, Fechtel, Cas-
sens, R. Moore, Ward, Hattaway, McCall, Danson, Fulford,
Grizzle, and Crawford-
HJR 37-B-A joint resolution relating to the holdback of
funds in the General Appropriations Bill.
Mr. Melvin moved that HJR 37-B be admitted for introduction,
the Speaker having ruled the measure outside the purview of
the Governor's call. The motion was not agreed to by the
required Constitutional two-thirds vote. The vote was:

Yeas-38

Barrett
Bloom

Burrall
Cassens

Craig Danson
Crawford Easley

June 24, 1977

29

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Forbes
Fulford
Grizzle
Hattaway
Hodges
Hollingsworth
Hutto
James

Jennings
Kirkwood
Kiser
Langley
McCall
McDonald
Melvin
Mica

Nays-66
The Chair Dyer
Adams Eckhart
Allen Evans
Andrews Fontana
Becker Foster
Bell Fox
Black Frank
Blackburn Gallagher
Boyd Gersten
Brown Girardeau
Cherry Gordon
Considine Grosse
Conway Haben
Crenshaw Hagler
Culbreath Hawkins
Davis Hazelton
Dixon Hazouri
Votes after roll call:

Mixson
Moore, R.
Moore, T.
Nelson
Nuckolls
Patchett
Patterson
Poole

Healey
Hector
Hieber
Hill
Kershaw
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
McKnight
McPherson
Moffitt
Morgan

Richmond
Sample
Steinberg
Thompson
Ward
Williams

Neal
O'Malley
Papy
Poindexter
Ready
Richard
Rish
Robinson
Ryals
Sadowski
Sheldon
Smith
Taylor
Warner
Young

Nays to Yeas-Gallagher, Hawkins
Therefore, HJR 37-B was not admitted for introduction.

Recess
At 9:37 a.m. the House stood in formal recess, to reconvene
upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 9:50 a.m.

A quorum was present.

Communications

The House took up the following vetoed Act of the 1977
Regular Session, which had been transmitted by the Secretary
of State with the objections of the Governor:
CS for CS for HB 1787

Honorable Bruce A. Smathers
Secretary of State
Dear Secretary Smathers:

June 18, 1977

exempting bonds together with income and interest thereon
from taxation; providing severability; providing an effective
date."
This act is meant to provide a mechanism for creating county
housing finance authorities to alleviate a shortage of capital
for housing. I have long supported this laudable goal and, last
year, proposed and supported a constitutional amendment to
grant the State authority to assist in meeting this need. Un-
fortunately, protections against misuse of public authority which
I insisted upon in last year's act have not been included in this
proposal.
The act contains a very broad definition of "housing develop-
ment" which would authorize the use of tax-free public bond
money for virtually any development activity in any income
range, including projects only marginally related to housing.
It is not restricted to the public purpose of providing low and
moderate-income housing. In addition, the act does not con-
tain the protections against misuse of the bond power contained
in the State bond act.
The act appears to violate the provisions of Article VII, Sec-
tion 10 of the Florida Constitution prohibiting the lending of
public credit to private companies. The constitutional principle
that public powers shall not be delegated to private bodies is
also violated. In fact, the act grants great power to the private
lending institution which stands to make a profit from its
activities. This bill even permits the lending institution involved
to make the sole decision whether there will be a public sale
or whether the bond will be sold by private negotiations. This
violation of public policy is further compounded by permitting
the private lending institution to direct the investment of bond
moneys not immediately required for the purpose of the
bond issue.
Admittedly, federal regulation and bond validations in court
provide some protection against misuse; however, it is especially
incumbent upon the State to assure proper use of public tax-
free bonds. I have not only highlighted this need to the Legis-
lature, but also in my meetings in New York with representa-
tives of the national bond market. Since the fiscal problems of
New York became evident, it is absolutely necessary to insure
the proper management of our governmental bonds.
Because of the serious constitutional and public policy prob-
lems I have outlined above, I am withholding my approval of
Committee Substitute for Committee Substitute for House
Bill 1787, Regular Session of the Legislature commencing on
April 5, 1977, and do hereby veto the same.
,Sincerely,
REUBIN ASKEW
Governor

Mr. Martin moved the previous question, which was agreed
to. Mr. Ready suggested the absence of a quorum. A quorum
of 110 Members was present. The question recurred on the pas-
sage of CS for CS for HB 1787, the veto of the Governor to
the contrary notwithstanding. The vote was:

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
Committee Substitute for House Bill 1787, enacted by the Fifth
Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1977, and entitled:
"An act relating to public financing for housing; creating
the "Florida Housing Finance Authority Law"; providing
definitions; authorizing the creation of a housing finance
authority by ordinance; providing for the functioning of such
authorities to alleviate a shortage of housing and capital
for investment in housing; providing for membership, powers,
and duties; authorizing a county to exercise the powers of
such authority until members are appointed; prohibiting mem-
bers and employees from acquiring or having certain in-
terests with respect to a qualifying housing development;
requiring disclosures of interest; providing for removal of
members; authorizing such authorities to make, purchase, and
sell loans for qualifying housing developments; prohibiting
the financing of qualifying housing developments for profit;
authorizing such authorities to issue bonds and limiting
sources from which such bonds are payable; providing for
validation proceedings; providing for remedies of an obligee;

Yeas-63
Adams
Barrett
Becker
Bell
Blackburn
Bloom
Boyd
Burnsed
Burrall
Considine
Conway
Cox
Craig
Crawford
Dyer
Easley

Nays-43
Allen
Andrews
Batchelor
Black

Eckhart
Evans
Fortune
Foster
Fox
Fulford
Gallagher
Gordon
Grizzle
Haben
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector

Carlton
Cherry
,Crenshaw
Danson

Hieber
Hill
Hodges
Hollingsworth
James
Jennings
Jones
Kirkwood
Kiser
Langley
Lewis, T.
Margolis
Maxwell
McCall
Melvin
Mica

Davis
Dixon
Fechtel
Fontana

Mixson
Moore, R.
Morgan
Nuckolls
O'Malley
Patchett
Poindexter
Poole
Ready
Redman
Steinberg
Thompson
Ward
Warner
Williams

Frank
Girardeau
Grosse
Hagler

30

June 24, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Hutto
Kershaw
Kutun
Lewis, J. W.
Lockward
Malloy
Mann

Martin
McDonald
McKnight
McPherson
Moffitt
Moore, T.
Neal

Nelson
Pajcic
Papy
Richard
Richmond
Rish
Robinson

Ryals
Sadowski
Sample
Sheldon
Smith
Taylor

Votes after roll call:
Nays-Cassens, Gersten, Brown
Nays to Yeas-Taylor
So CS for CS for HB 1787 (1977 Regular Session) failed to
pass by the required Constitutional two-thirds vote of all
Members present. The veto of the Governor was sustained and
the bill was certified to the Secretary of State.

THE SPEAKER PRO TEMPORE IN THE CHAIR

Presentation of Gifts to the Speaker
On behalf of the Members, Mr. John Hill, Majority Leader,
presented the Speaker with gifts of remembrance and appre-
ciation. The Speaker responded with remarks of thanks, after
which the Members shared moments of reminiscence of the
Speaker's term.

Without objection, the House advanced to the order of-.

Messages from the Senate

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has refused to concur in House Amendments 1, 2 and
3 to:

By Senator Gordon-
SB 7-B-A bill to be entitled An act relating to the oil and
gas production tax; amending s. 211.02(1), Florida Statutes;
increasing the rate of taxation on oil production; changing
the percentage distribution under the first and second oil tax;
excluding from the value of oil or gas production, wellhead or
other production taxes imposed by the United States; providing
an effective date.
and requests the House to recede.
Joe Brown, Secretary

House Amendment 1-On page 2, line 23, after the period
insert: Section 4. Fourteen million dollars of the revenue pro-
duced by the oil and gas production tax allocated to the Gen-
eral Revenue Fund is hereby allocated to fund a supplemental
appropriation for the purpose of funding the Compensatory
Education Act passed during the First Special Session of 1977
to commence in fiscal year 1977-78. In the event that the reve-
nues generated by the oil and gas production tax exceed $14,-
000,000 the excess up to $15,000,000 shall also be allocated
to fund the supplemental appropriation.
Renumber remaining section

House Amendment 2-On page 1, line 9, after the semicolon
insert: allocating a certain amount of the oil and gas production
tax to fund the Compensatory Education Act;

House Amendment 3-On page 2, in new Section 4, after "$15,-
000,000 shall" insert: in the fiscal year 1977-78,

Mr. Boyd moved that the House recede from House Amend-
ments 1, 2, and 3. Mr. Hill moved the previous question on the
motion, which was agreed to. The question recurred on the
motion to recede, which was agreed to. The vote was:

Yeas-68

The Chair
Allen
Andrews

Barrett
Batchelor
Bell

Blackburn
Boyd
Brown

Burnsed
Burrall
Carlton

Cassens
Cherry
Craig
Culbreath
Danson
Dixon
Eckhart
Evans
Fechtel
Forbes
Fortune
Foster
Frank
Fulford

Nays-46
Adams
Becker
Black
Bloom
Considine
Conway
Cox
Crawford
Crenshaw
Davis
Dyer
Easley

Girardeau
Grosse
Haben
Hagler
Hattaway
Hector
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw

Fontana
Fox
Gallagher
Gersten
Gordon
Grizzle
Gustafson
Hawkins
Hazelton
Hazouri
Healey
Hieber

Kirkwood
Kutun
Langley
Lewis, J. W.
Martin
Maxwell
McCall
McDonald
Melvin
Mica
Mixson
Moffitt
Morgan
Neal

Kiser
Lewis, T.
Lockward
Malloy
Mann
Margolis
McKnight
McPherson
Moore, R.
Moore, T.
Papy
Poindexter

Nelson
Nuckolls
O'Malley
Patchett
Patterson
Redman
Richmond
Rish
Robinson
Sadowski
Sheldon
Thompson
Tucker
Ward

Poole
Ready
Richard
Sample
Smith
Steinberg
Taylor
Warner
Williams
Young

Votes after roll call:
Yeas to Nays-Kutun

The question recurred on the passage of SB 7-B. The vote
was:

Yeas-79

The Chair
Allen
Andrews
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cassens
Cherry
Cox
Craig
Culbreath
Davis
Dixon

Nays-34
Adams
Barrett
Burrall
Considine
Conway
Crawford
Crenshaw
Danson
Easley

Dyer
Eckhart
Evans
Fechtel
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grosse
Gustafson
Haben
Hazelton
Hector
Hieber
Hill

Fontana
Fulford
Grizzle
Hagler
Hattaway
Hawkins
Hazouri
Healey
Hollingsworth

Hodges
Hutto
James
Jones
Kershaw
Kutun
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Mixson
Moffitt
Moore, R.

Jennings
Kirkwood
Kiser
Langley
Lewis, J. W.
Melvin
Mica
Patterson
Poole

Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Papy
Patchett
Poindexter
Redman
Richard
Rish
Robinson
Sadowski
Sheldon
Steinberg
Thompson
Ward
Young

Ready
Richmond
Sample
Smith
Taylor
Warner
Williams

Votes after roll call:
Yeas to Nays-Ward, Fechtel, Sadowski
Nays to Yeas-Considine
So the bill passed. The action, together with the bill, was
immediately certified to the Senate.

Recess
At 11:32 the House stood in formal recess, to reconvene upon
call of the Speaker.

31

June 24, 1977

JOURNAL OF THE HOUSI

Reconvened
The House was called to order by the Speaker pro tempore at
11:56 a.m.

A quorum was present.

Without objection, the House reverted to the order of-

Introduction and Reference

By Representative Craig-
HB 32-B-A bill to be entitled An act relating to pilots;
amending s. 310.131, Florida Statutes, providing for an increase
in the assessment of licensed pilots; providing for the payment
of said assessment into a trust fund; providing an effective
date.
-was read the first time by title. On motions by Mr. Craig,
the rules were waived and HB 32-B was read the second time
by title and the third time by title. On passage, the vote was:

Yeas-63

The Chair
Adams
Allen
Becker
Black
Blackburn
Bloom
Boyd
Burnsed
Carlton
Cherry
Considine
Cox
Craig
Crawford
Easley

Nays-27
Barrett
Batchelor
Burrall
Cassens
Crenshaw
Danson
Davis

Eckhart
Fechtel
Fortune
Frank
Gallagher
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway
Hazelton
Hector
Hieber
Hodges

Dixon
Fontana
Foster
Grizzle
Hawkins
Healey
Hutto

Jennings
Jones
Kershaw
Kiser
Kutun
Lewis, T.
Lockward
Malloy
Mann
Margolis
McCall
McKnight
McPherson
Mica
Moffitt
Moore, R.

Kirkwood
Lewis, J. W.
Maxwell
Melvin
Mixson
Neal
Nelson

Nuckolls
O'Malley
Papy
Patterson
Poindexter
Poole
Ready
Redman
Richard
Robinson
Sample
Steinberg
Taylor
Ward
Young

Richmond
Rish
Sadowski
Thompson
Warner
Williams

Votes after roll call:
Yeas-Fox, Patchett, Hill, Morgan, Brown
Nays-Hollingsworth
So the bill passed and was immediately certified to the
Senate.

Without objection, the House advanced to the order of-

Messages from the Senate

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

By Senator Holloway and others-
SB 36-B-A bill to be entitled An act relating to the De-
partment of Transportation; providing for the payment of the
costs of relocating and replacing water supply facilities in the
construction and reconstruction of the Florida Keys bridges;
providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

E OF REPRESENTATIVES June 24, 1977

On motion by Mr. Jones, agreed to by the required Consti-
tutional two-thirds vote, SB 36-B, contained in the above
message, was admitted for introduction, the Speaker having
ruled that the measure was outside the purview of the Governor's
call.

SB 36-B was read the first time by title. On motions by Mr.
Jones, the rules were waived and SB 36-B was read the second
time by title and the third time by title. On passage, the vote
was:

Yeas-90
The Chair
Adams
Allen
Barrett
Batchelor
Becker
Black
Blackburn
Bloom
Boyd
Burnsed
Carlton
Cassens
Cherry
Considine
Cox
Craig
Crawford
Crenshaw
Davis
Dixon
Easley
Eckhart

Nays-4
Burrall

Evans
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hawkins
Healey
Hector
Hieber
Hill
Hodges
Hutto
James

Danson

Votes after roll call:
Yeas-Redman, Patchett,
Brown
Yeas to Nays-Sample

Jennings
Jones
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Margolis
Maxwell
McCall
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Morgan
Neal
Nelson

Fechtel

Nuckolls
O'Malley
Papy
Patterson
Poindexter
Poole
Ready
Richard
Richmond
Rish
Robinson
Sadowski
Sample
Sheldon
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Lewis, T.

Smith, Hazelton, Hollingsworth,

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

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and adopted-SCR
42-B
-and requests the concurrence of the House therein.
Joe Brown, Secretary

By Senator Scarborough and others-
SCR 42-B-A concurrent resolution establishing legislative
policy regarding the impact federal legislation, regulations, and
funding has on the long-term goals, policies, and programs of
the state.
WHEREAS, the Congress of the United States and federal
executive agencies, through unreasonable prescriptive legisla-
tion and regulation, have undermined the basic concept of the
reserved powers of the states enumerated in the Tenth Amend-
ment to the Constitution of the United States by dictating to the
states how certain program services are to be provided, and
WHEREAS, it is not the proper role of the Congress of the
United States to dictate how each individual state shall pro-
vide the measure of certain services to its citizens, and
WHEREAS, as the states become more sophisticated and tech-
nically capable, increased flexibility is needed in the administra-
tion of new and existing programs, and
WHEREAS, existing federal legislation and regulations are
often overly complex and restrictive, limiting efforts of states
and localities to develop innovative systems for delivering
quality services to meet unique local needs, and

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WHEREAS, the legal, historical, and constitutional role of
the states compels each to assume the ultimate responsibility
for establishing and administering certain long-term goals,
policies, and programs which meet the unique needs of its
citizens, and
WHEREAS, in recognition of the serious consequences which
federal legislation, regulation, and financial assistance may have
on certain long-term goals, policies, and programs of the state,
each new federal program, or federal program heretofore estab-
lished but requiring change in established legal and/or financial
commitment, shall be reviewed by the Florida Legislature to
determine the anticipated policy and financial impact of the
new or changed federal requirement, and
WHEREAS, state agencies may not lawfully adhere to the
requirements of any federal program, or any part thereof,
where a determination has been made that the requirements of
that program require legal or financial commitments in conflict
with the long-term goals, policies, and programs of the state
as expressed in state law, and
WHEREAS, the current legislative and regulatory language
of certain federal programs would force Florida, which has
established quality programs to meet the needs of its citizens,
to change program policy and provide for the delivery of serv-
ices in a manner contrary to existing state policy, statute, and
program structure, NOW, THEREFORE,
Be It Resolved by the Senate of the State of Florida, the House
of Representatives Concurring:
That each state agency shall develop strategies for deter-
mining its standing and eligibility with regard to receiving
federal funds available under new, reauthorized, and currently
authorized federal programs, which shall include, but not be
limited to, the following:
(1) Where the state's programs for providing services are
determined to be in substantial compliance with the standards,
goals, and intent of particular federal programs, applications
and plans which so state shall be submitted to the appropriate
federal agency for funds available under existing federal pro-
grams when a determination is made to participate.
(2) Plans submitted thereunder shall be in conformity with
state laws applicable to each state agency.
(3) Should any state plan, or any part thereof, not be ap-
proved by the Federal Government for reasons of nonconformity
with existing statutory or regulatory requirements of federal
law, the federal disapproval along with recommendations for
legislative action shall be submitted by the affected state agency
to the appropriate substantive committees and the appropria-
tions committees of both houses of the Legislature within 45
days of such disapproval.
BE IT FURTHER RESOLVED that copies of this resolution
be distributed to the Governor, members of the Cabinet, mem-
bers of the Florida Congressional Delegation, the legislative
bodies of each state, the National Governors' Conference, the
Council of Chief State School Officers, the National Associa-
tion of State Boards of Education, the National Conference of
State Legislatures, the Education Commission of the States,
and whomsoever may express an interest in or benefit from
information concerning this issue.

On motion by Mrs. Bloom, agreed to by the required Con-
stitutional two-thirds vote, SCR 42-B, contained in the above
message, was admitted for introduction, the Speaker having
ruled that the measure was outside the purview of the Governor's
call.

SCR 42-B was read the first time by title. On motions by Mrs.
Bloom, the rules were waived and the concurrent resolution was
read the second time in full, adopted and under the rule im-
mediately certified to the Senate.

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

By Senators Plante and W. D. Childers-

SB 43-B-A bill to be entitled An act relating to trust
funds; creating the State-Federal Relations Trust Fund; re-

quiring state agencies to apply for overhead costs in federal
grant applications; requiring deposit of certain moneys in the
trust fund; providing a use for such moneys; providing legis-
lative intent; creating the Office of State-Federal Relations;
providing for duties; providing for cooperation between the
office and state agencies; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

On motion by Mrs. Bloom, agreed to by the required Con-
stitutional two-thirds vote, SB 43-B, contained in the above
message, was admitted for introduction, the Speaker having
ruled that the measure was outside the purview of the Gover-
nor's call.

SB 43-B was read the first time by title. On motions by Mrs.
Bloom, the rules were waived and SB 43-B was read the second
time by title and the third time by title. On passage, the vote
was:

Yeas-84

The Chair
Adams
Allen
Barrett
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Carlton
Cherry
,Considine
Conway
Cox
Crawford
Crenshaw
Easley
Eckhart
Evans

Nays-15
Becker
Burrall
Cassens
Danson

Fontana
Forbes
Fortune
Foster
Fox
Fulford
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill

Davis
Dixon
Fechtel
Frank

Hodges
Hutto
James
Jennings
Kershaw
Kirkwood
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson

Haben
Moffitt
Patchett
Patterson

Votes after roll call:
Yeas-Smith, Hollingsworth
So the bill passed and was immediately
Senate.

Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Papy
Poindexter
Poole
Ready
Richard
Richmond
Rish
Sheldon
Steinberg
Taylor
Thompson
Ward
Warner
Young

Robinson
Sample
Williams

certified to the

THE SPEAKER IN THE CHAIR

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration
by the required constitutional two-thirds vote and passed as
amended-
SB 40-B
-and requests the concurrence of the House therein.
Joe Brown, Secretary

By Senator Johnston and others-
SB 40-B-A bill to be entitled An act relating to the code
of ethics for public officers and employees; amending s.
112.312(1), (4), and (8), Florida Statutes, 1976 Supplement,
and adding subsections (18)-(26); providing definitions; amend-
ing s. 112.313(1), Florida Statutes, and adding subsections
(12) and (13); providing exemptions from restrictions on doing
business with one's agency and on conflicting employment or

June 24, 1977

33

JOURNAL OF THE HOUSE OF REPRESENTATIVES

contractual relationships; prohibiting representation of clients
before certain government agencies by certain state and local
officers during tenure in office; providing exemptions; creating
s. 112.3144, Florida Statutes; prohibiting representation of
clients by elected constitutional, state and local officers, ap-
pointed secretaries or executive directors of state departments,
and Supreme Court justices before the agency or body of which
such person was a member or officer for 2 years following
vacation of office; amending s. 112.3145, Florida Statutes,
1976 Supplement, relating to disclosure of financial interests
and clients represented before agencies; including constitutional
officers; providing requirements for full public disclosure of
financial interests and specifying who shall file such disclosure;
providing requirements for limited public disclosure of financial
interests and specifying who shall file such disclosure; provid-
ing that local governing bodies may require full disclosure by
certain persons; providing the Governor by executive order
may require members of certain boards or commissions to file
full financial disclosure; amending s. 112.3147(2) and (3), F. S.,
1976 Supplement, and adding subsections (4) and (5); pro-
viding requirements with regard to disclosure forms; amending
s. 112.321(1), Florida Statutes; providing for appointment of a
member of the Commission on Ethics by the Chief Justice of
the Supreme Court; adding subsection (8) to s. 112.322, Florida
Statutes, 1976 Supplement; requiring the adoption and publica-
tion of certain rules by the commission; creating s. 112.327,
Florida Statutes, providing that public officers or employees
benefiting financially from malfeasance shall be liable for
certain damages; providing that persons participating with pub-
lic officers or employees in acts of malfeasance and benefiting
financially therefrom shall be liable for certain damages; pro-
viding that public officers or employees, and persons partici-
pating with public officers or employees, benefiting financially
from nonfeasance or misfeasance shall be liable for actual
damages plus interest; extending the filing deadline for the year
1977; providing an effective date.

Mr. Kiser moved that SB 40-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. Mr. Martin moved the previous
question, which was agreed to. The question recurred on the
motion to admit SB 40-B for introduction, which was not agreed
to by the required Constitutional two-thirds vote. The vote was:

Yeas-23

The Chair
Burnsed
Cassens
Conway
Crawford
Fechtel

Nays-84
Adams
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burrall
Cherry
Considine
Cox
Craig
Crenshaw
Danson
Davis
Dixon
Easley
Eckhart

Forbes
Fulford
Gallagher
Haben
Hattaway
Hazelton

Evans
Fontana
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Grosse
Gustafson
Hagler
Hawkins
Hazouri
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
Kershaw
Kirkwood

James
Jennings
Jones
Kiser
Lewis, T.
Mann

Kutun
Langley
Lewis, J. W.
Lockward
Malloy
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mixson
Moffitt
Moore, R.
Morgan
Nelson
Nuckolls
O'Malley
Pajcic

Mica
Moore, T.
Neal
Ready
Ryals

Papy
Patchett
Patterson
Poindexter
Poole
Redman
Richard
Richmond
Rish
Robinson
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

So SB 40-B was not admitted for introduction.

Subsequently, Mr. James moved that the House reconsider the
vote by which SB 40-B was not admitted for introduction,
which was not agreed to.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Vogt-
SB 1-B-A bill to be entitled An act relating to assessments
of special classes of property; amending s. 193.511, Florida
Statutes; changing the assessment on items of inventory from
25 percent to 10 percent, and to 1 percent for certain items;
providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 1-B was read the first time by title. Mr. Haben moved
that the rules be waived and the bill be read the second time
by title, which was agreed to. The vote was:

Yeas-68

Allen
Barrett
Bloom
Burnsed
Burrall
Cassens
Conway
Craig
Crenshaw
Danson
Davis
Dixon
Dyer
Easley
Evans
Fechtel
Fontana

Nays-30
Adams
Batchelor
Becker
Bell
Black
Brown
Cherry
Considine

Forbes
Fortune
Foster
Frank
Gallagher
Girardeau
Gordon
Grizzle
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hector
Hieber
Hodges
Hutto

Cox
Eckhart
Gersten
Grosse
Gustafson
Hazouri
Healey
Hill

James
Jennings
Jones
Kershaw
Kiser
Kutun
Lewis, J. W.
Lewis, T.
McCall
McDonald
Melvin
Mica
Mixson
Moffitt
Moore, R.
Morgan
Neal

Kirkwood
Lockward
Malloy
Mann
Margolis
McKnight
Pajcic
Papy

Nelson
Nuckolls
O'Malley
Patchett
Patterson
Poindexter
Poole
Richmond
Rish
Robinson
Ryals
Sheldon
Smith
Taylor
Thompson
Ward
Williams

Richard
Sadowski
Sample
Steinberg
Warner
Young

Votes after roll call:
Yeas-Fox, Hollingsworth
Nays to Yeas-Considine, Cox, McKnight
-and the bill was read the second time by title.

Representative McPherson offered the following amendment:
Amendment 1-On page 1, strike line 28 and insert: Section 4.
Section 196.032, Florida Statutes, is amended to read:
196.032 Replacement funds; trust funds; annual payments.-
(1) There is created the Local Government Additienal4 Heme-
stead Exemption Trust Fund, to be administered by the Depart-
ment of Revenue.
(2) Each qualified county, municipality, or special district
is entitled to receive an annual payment from the fund in an
amount equal to the revenue lost as a result of the additional
exemptions provided in s. 196.031(3) and the reduction of in-
ventory assessment provided in s. 196.511 as amended in this
act. Revenue lost shall be calculated by multiplying 96 percent
of the additional exemption granted in s. 196.031(3) and the
reduction of inventory assessment provided in s. 198.511 as
amended by this act by the applicable millage. A qualified
local government is one which either:
(a) Made application to the department not later than
December 1; or
(b) Participated in the distribution from the trust fund for
the preceding year and levied an ad valorem tax for the current
year.

34

June 24, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(3) Not later than 30 days after the application deadline of
each year, the department shall authorize payment to qualified
local governments from the trust fund as follows:
(a) Qualified local governments for which the department
has received the data necessary to compute the amount of reve-
nue lost in the current fiscal year's ad valorem tax levy as a
result of the additional exemptions shall receive payment in
the amount of that loss. The department is authorized to make
payments on a prorated basis if it deems the balance in the
trust fund insufficient to make projected payments.
(b) Qualified local governments for which the department
has not received sufficient data to compute the amount of
revenue so lost shall receive payment in an amount equivalent
to 85 percent of the replacement funds received the previous
year from the trust fund. The department shall make full pay-
ment, or the proration if the fund is being prorated, upon re-
ceipt of sufficient data. F-es po-spese e mking payment be
eneh teeeI govenme-eno fe looseee incurred or e uthe 44 ten
yePs the deaPestment shell estimate the emoeants eto be id o e
the basis e4 the best evidenee ava44able.
(4) Amounts by which actual payments to any qualified local
government are less than the amount finally determined as the
revenue lost from that year's ad valorem tax levy as the result
of the additional homestead tax exemptions provided in s.
196.031(3) and the reduction of inventory assessment provided
in s. 198.511, as amended by this act shall constitute a first
priority charge against the following year's distribution from
the trust fund. Such deficiency shall be made as soon as funds
are available. At the end of each state fiscal year all funds not
distributed from the Local Government Exemption Trust Fund
shall revert to the General Revenue Fund.
Section 5. Section 199.292(4), Florida Statutes, is amended
to read:
199.292 Disposition of intangible personal property taxes;
appropriations for expenses of assessment and collection;
county sharing.
(4) An amount equal to 55 percent of the total net intangible
taxes collected shall be transferred to the Revenue Sharing
Trust Fund for counties in the month following collection. wow-
evep, net eo eeetione f-em the ee t as*eeseY anteas e*4 Jeey f
4, fi and eeleeted p4of to Jity 1973 i eW, en provided
in -9. 043 she ll be de-Peited in the Geneel rlRepeniue Fund-
The remaining balance of net collections from this tax shall
be transferred to the General Revenue Fnd Local Government
Exemption Trust Fund provided for in s. 196.082. For the pur-
poses of this law, "net collections" means the total amount
collected less a pro rata share of all costs, as provided in
subsections (2) and (3).
Section 6. Section 1 of this act shall take effect July 1,
1977. Sections 4 and 5 of this act shall take effect July 1, 1978.
Mr. McPherson moved the adoption of the amendment,
which was adopted.

Representative McPherson offered the following title amend-
ment:
Amendment 2-On page 1, line 6, after the semicolon
insert: amending s. 196.032, Florida Statutes; renaming a trust
fund; providing for replacement funds for reduction in inventory
assessment; amending s. 199.292(4), Florida Statutes; providing
for the disposition of a portion of the intangible personal prop-
erty tax into the trust fund;
Mr. McPherson moved the adoption of the amendment, which
was adopted.

Representative Pajcic offered the following amendment:
Amendment 3-On page 1, strike all of line 18 and insert:
Section 3. This act shall take effect on July 1 following the
creation of a trust fund which is fully funded by the General
Appropriations Act to provide replacement funds to counties
for the loss of tax revenues generated by the passage of this
act.

Mr. Pajcic moved the adoption of the amendment. On motion
by Mr. Fortune, the amendment was laid on the table.

Representative Sadowski offered the following amendment:
Amendment 4-Strike the enacting clause
Mr. Sadowski moved the adoption of the amendment.

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

The question recurred on Amendment 4, which failed of
adoption.

On motion by Mr. Haben, the rules were waived and SB 1-B,
as amended, was read the third time by title. On passage,
the vote was:

Yeas-89

The Chair
Allen
Barrett
Becker
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Cassens
Cherry
Considine
Conway
Craig
Crawford
Crenshaw
Danson
Davis
Dixon
Dyer
Easley
Evans

Nays-20
Adams
Batchelor
Bell
Black
Cox

Fechtel
Fontana
Forbes
Fortune
Foster
Fulford
Gallagher
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto

Eckhart
Fox
Frank
Girardeau
Healey

James
Jennings
Jones
Kershaw
Kiser
Kutun
Langley
Lewis, T.
Lockward
Malloy
Martin
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Neal
Nelson
Nuckolls

Kirkwood
Mann
Margolis
Moore, T.
Morgan

O'Malley
Papy
Patchett
Patterson
Poindexter
Poole
Ready
Richard
Richmond
Rish
Robinson
Ryals
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Williams

Pajcic
Redman
Sadowski
Warner
Young

Votes after roll call:
Nays to Yeas-Adams, Cox, Fox, Young
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Myers-
SB 32-B-A bill to be entitled An act relating to trans-
portation; amending s. 320.20, Florida Statutes, relating to
disposition of motor vehicle licensing moneys; adding s. 335.-
02(3), Florida Statutes, authorizing the Department of Trans-
portation to purchase rights-of-way and to prepare maps de-
lineating rights-of-way for certain roads of the state highway
system; providing for hearings thereon and procedures relating
thereto; amending s. 335.04(1), (2), Florida Statutes, as amend-
ed, relating to transfers of responsibility; amending s. 339.-
08(2) (b), Florida Statutes, as amended; requiring the depart-
ment to match certain federal funds; amending s. 337.29(3),
Florida Statutes, as amended; specifying municipal powers
with respect to certain transferred roads or rights-of-way;
providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

SB 32-B was read the first time by title and, on motion by
Mr. Jones, taken up in lieu of HB 10-B, a companion or similar
measure.

35

June 24, 1977

JOURNAL OF THE HOUSE OF REPRESENTATIVES

On motions by Mr. Jones, the rules were waived and SB 32-B
was read the second time by title and the third time by title. On
passage, the vote was:

Yeas-104

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

Evans
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Girardeau
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
Jennings

Fechtel

Votes after roll call:
Yeas to Nays--Smith
Nays to Yeas-Fechtel
So the bill passed and was immediately
Senate.

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

certified to the

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

By Senator McClain-
SB 47-B-A bill to be entitled An act relating to health
care providers; amending s. 768.40(1), Florida Statutes, 1976
Supplement, to clarify and redefine the term "medical review
committee" to include committees of state or local professional
societies of health care providers composed of licensed physi-
cians, osteopaths, podiatrists, dentists, chiropractors, or phar-
macists; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

Mr. Richard moved that SB 47-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. The vote was:

Burrall
Carlton
Cherry
Considine
Conway
Cox
Craig
Crawford
Davis
Dixon
Dyer
Easley
Eckhart

Evans
Fechtel
Fontana
Fortune
Foster
Fox
Frank
Girardeau
Gordon
Grizzle
Grosse
Gustafson
Haben

Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
Jennings

Jones
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell

Nays-3
Cassens

McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls

Danson

O'Malley
Pajcic
Papy
Patchett
Patterson
Poindexter
Poole
Ready
Redman
Richard
Richmond
Rish
Robinson
Ryals

Gallagher

Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Jones
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson

Hattaway

The Chair
Adams
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Danson
Davis
Dixon
Dyer
Easley
Eckhart
Nays-None

Evans
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Girardeau
Gordon
Grizzle
Grosse
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James

Jennings
Jones
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Mann
Margolis
Martin
Maxwell
McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls

So the bill passed and was immediately
Senate.

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

certified to the

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

By Senator MacKay-
SB 48-B-A bill to be entitled An act relating to unemploy-
ment compensation, amending s. 443.05(1) (e), Florida Statutes,
as amended by Committee Substitute for Senate Bill 1262
enacted by the Legislature during the 1977 Regular Session;
reducing from 20 times to 10 times the average weekly wage
that must be earned to establish eligibility for claims filed on
or after July 1, 1977, but prior to November 30, 1977; requiring
the Department of Commerce to monitor claims paid from the
Unemployment Compensation Trust Fund as a result of this act
and to request in 1978 that such amounts be reimbursed to the
Unemployment Compensation Trust Fund from the General
Revenue Fund; providing an effective date.
-and requests the concurrence of the House therein.
Joe Brown, Secretary

The motion was agreed to by the required Constitutional
two-thirds vote and SB 47-B was read the first time by title. On
motions by Mr. Richard, the rules were waived and SB 47-B
was read the second time by title and the third time by title.
On passage, the vote was:

Yeas-109

Nays-3
Barrett

Yeas-105
The Chair
Adams
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed

June 24, 1977

36

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Pajcic moved that SB 48-B be admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call. The vote was:

Yeas-102

Fortune
Foster
Fox
Frank
Gallagher
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw

Nays-5
Cassens Danson
Conway
Votes after roll call:
Nays to Yeas-Neal

The Chair
Adams
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Cherry
Considine
Cox
Craig
Crawford
Davis
Dixon
Dyer
Easley
Eckhart
Evans
Fechtel

Pajcic
Papy
Patchett
Patterson
Poindexter
Poole
Ready
Redman
Richard
Richmond
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

Jennings
Kershaw
Kirkwood
Kiser
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Margolis
Martin
Maxwell
Nays-None

McCall
McDonald
McKnight
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls

O'Malley
Pajcic
Papy
Patchett
Patterson
Poindexter
Poole
Ready
Redman
Richard
Richmond
Rish
Robinson
Ryals

So the bill passed and was immediately
Senate.

Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Young

certified to the

Kirkwood
Kiser
Kutun
Langley
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
O'Malley

Fontana

HB 1-B
HB 21-B

Neal

HB 29-B
HB 32-B

HB 35-B

Joe Brown, Secretary

The bills were ordered enrolled.

The motion was agreed to by the required Constitutional
two-thirds vote and SB 48-B was read the first time by title.
On motions by Mr. Pajcic, the rules were waived and SB 48-B
was read the second time by title and the third time by title.
On passage, the vote was:

Yeas-109

Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Danson
Davis
Dixon
Dyer
Easley

Eckhart
Evans
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Gallagher
Girardeau
Gordon
Grizzle
Grosse
Gustafson

Haben
Hagler
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James

Record Votes
Representative Redman asked to be recorded as voting Yea
on the passage of SB 5-B.

Closing Prayer
Representative William J. Rish offered the following prayer
to close proceedings in the old Capitol:
Our God, we thank You for the more than a century
that men and women have stood here trying to make wise
decisions for the people of this great State. Where we failed
You, we ask for Thy divine forgiveness and we ask that
You would guide us and lead us and hold us by our hands
in the days to come, that we might always do things that
would be pleasing in Thy sight. In His name we pray. Amen.

Adjournment

On motion by Mr.
sine die.

Craig, the House adjourned at 1:03 p.m.

Enrolling Reports

HB 1-B
HB 12-B

HB 21-B
HB 29-B

HB 32-B
HB 35-B

-have been enrolled, signed by the required Constitutional
Officers and presented to the Governor on June 29, 1977.
Allen Morris, Clerk

TURN TO THE NEXT PAGE for a photograph of the
last House to meet in the Chamber of the Old Capitol.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has concurred in House Amendments and passed
as amended-SB1-B CS for SB 6-B SB 37-B
Joe Brown, Secretary

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

The Chair
Adams
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall

June 24, 1977

-4

ta

0

This portrait of the 1977 House of Representatives was taken on Friday, June 24, a few moments before sine die adjournment of what was regarded
as the last session in the Old Capitol. Standing in the center aisle are the Speaker (center), Speaker pro tempore (right), and the Clerk of the House
(left). The Sergeant at Arms (in white) is to the left of the double-door at the rear. The photographer was Mark Foley of The Associated Press.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 37, inclusive, are and constitute a complete, true and
correct journal and record of the proceedings of the House of
Representatives of the State of Florida at a Special Session of
the Fifth Legislature under the Constitution as Revised in
1968, held from June 22 through June 24, 1977. Additionally,
there has been included a record of the transmittal of Acts sub-
sequent to the sine die adjournment of the Special Session.

Clak
Tallahassee, Florida
June 24, 1977

June 24, 1977

39

INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session

of the

FIFTH LEGISLATURE
[under the Constitution as Revised in 1968]

June 22 through June 24, 1977

CONTENTS

Pages
Members of the House with Bills Sponsored ------------------------------- -------- 41
Bills, Resolutions, and Memorials Sponsored by Committees ---------------- ---- ----------43
Miscellaneous Subjects -----------------------------------------43
Vetoed Bills ------------------------------------------------------------------------------- 43
Subject Index of House and Senate Bills, Resolutions, and Memorials ------------ -----44
House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition --46
Senate Bills, Resolutions, and Memorials (received in House) by Number, Subject, Sponsor,
and Disposition ---------.------ ,---------*--------- -------........._.... 46

40

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Members of the House with Bills Sponsored

[Source: Information Division, Joint Legislative Management Committee]

ADAMS, JOHN-94th District
Co-sponsored: 1-B, 21-B

ALLEN, JOE-120th District
Sponsored: 28-B

ANDREWS, WILLIAM C.-27th District

BARRETT, DAVID L.--44th District
Co-sponsored: 37-B

BATCHELOR, DICK J.-43rd District

BECKER, ALAN S.-103rd District
Sponsored: 36-B

BELL, SAMUEL P., III-30th District

BLACK, HUGO, III-119th District
Co-sponsored: 28-B

BLACKBURN, R. ED, JR.-64th District
Sponsored: 11-B

BLOOM, ELAINE-100th District

BOYD, CHARLES W.-96th District
Sponsored: 3-B, 4-B, 5-B, 6-B, 7-B, 8-B, 9-B, 23-B, 24-B, 25-B,
26-B, 34-B

BROWN, J. HYATT-31st District
Sponsored: 20-B

BURNSED, BEVERLY B.-50th District
Co-sponsored: 37-B

BURRALL, FREDERIC H.-75th District
Co-sponsored: 37-B

CARLTON, FRAN-41st District

CASSENS, K. DALE-76th District
Co-sponsored: 37-B

CHERRY, GWENDOLYN S.-106th District

CONSIDINE, JOHN J., III-82nd District

CONWAY, WILLIAM R.-29th District

COX, LINDA C.-86th District

CRAIG, A. H.-28th District
Sponsored: 19-B, 32-B

CRAWFORD, ROBERT B.-49th District
Co-sponsored: 37-B

CRENSHAW, ANDER-24th District

CULBREATH, JOHN R.-36th District
Sponsored: 12-B

DANSON, THOMAS E., JR.-73rd District
Co-sponsored: 37-B

DAVIS, HELEN GORDON-70th District

DIXON, R. EARL---23rd District

DYER, HAROLD J.-93rd District
Co-sponsored: 37-B

EASLEY, BETTY-56th District
Co-sponsored: 37-B

ECKHART, JAMES F.-115th District
Co-sponsored: 28-B

EVANS, MARILYN BAILEY-46th District

EWING, TED-74th District

FECHTEL, VINCE, JR.-34th District
Co-sponsored: 37-B

FONTANA, A. M.-107th District

FORBES, JOHN R.-17th District

FORTUNE, EDMOND M.-4th District
Sponsored: 33-B

FOSTER, JAMES S.-65th District
Co-sponsored: 1-B

FOX, ROBERTA-110th District

FRANK, PAT-67th District
Sponsored: 30-B, 31-B

FULFORD, W. E.-40th District
Co-sponsored: 37-B

GALLAGHER, C. THOMAS, III-111th District

GERSTEN, JOSEPH M.-109th District

GIRARDEAU, ARNETT E.-16th District

GORDON, ELAINE-98th District

GRIZZLE, MARY R.-53rd District
Co-sponsored: 37-B

GROSSE, GEORGE R.-15th District

GUSTAFSON, TOM-88th District
Co-sponsored: 28-B
HABEN, RALPH H., JR.-71st District
Sponsored: 13-B

HAGLER, CLYDE H.-3rd District

41

INDEX

42 JOURNAL OF THE HOUSE OF REPRESENTATIVES

HATTAWAY, BOB-33rd District
Co-sponsored: 37-B

HAWKINS, MARY ELLEN-89th District
Co-sponsored: 37-B

HAZELTON, DONALD F.-78th District

HAZOURI, THOMAS L.-21st District
Co-sponsored: 28-B

HEALEY, EDWARD J.-81st District

HECTOR, ROBERT C.-114th District

HIEBER, GEORGE F., II-58th District

HILL, JOHN A.-108th District

HODES, RICHARD S.-68th District

HODGES, GENE-14th District
Co-sponsored: 37-B

HOLLINGSWORTH, WAYNE-13th District
Sponsored: 1-B
Co-sponsored: 37-B

HUTTO, EARL--8th District

JAMES, WILLIAM G.-80th District

JENNINGS, TONI-42nd District

JONES, C. FRED-52nd District
Sponsored: 10!-B

KERSHAW, JOE LANG-105th District

KIRKWOOD, LAWRENCE R.-38th District

KISER, S. CURTIS-54th District

KUTUN, BARRY-99th District

LANGLEY, RICHARD H.--35th District
Co-sponsored: 37-B
o-sponsored: 37-B

LEHMAN, DAVID J.-97th District

LEWIS, JOHN W.-18th District

LEWIS, THOMAS F.-83rd District

LOCKWARD, WILLIAM H.-104th District
Sponsored: 27-B
Co-sponsored: 28-B

MALLOY, JOHN CYRIIL-118th District
Sponsored: 28-B

MANN, FRANKLIN B.-90th District

MARGOLIS, GWEN-102nd District
Co-sponsored: 28-B

MARTIN, SIDNEY-26th District

MAXWELL, CLARK, JR.-45th District
Co-sponsored: 37-B

McCALL, WAYNE C.-32nd District
Co-sponsored: 37-B

McDONALD, DENNIS-57th District
Sponsored: 2-B
Co-sponsored: 37-B

McKNIGHT, ROBERT W.-116th District
Co-sponsored: 28-B

McPHERSON, TOM-92nd District
Sponsored: 35-B

MELVIN, JERRY G.-5th District
Sponsored: 15-B, 16-B, 17-B, 18-B
Co-sponsored: 37-B

MICA, JOHN L.-39th District

MIXSON, WAYNE-7th District
Co-sponsored: 3-B, 37-B

MOFFITT, H. LEE-66th District

MOORE, REID, JR.-79th District
Co-sponsored: 37-B

MOORE, TOM R.-55th District

MORGAN, HERBERT F.-12th District

NEAL, PATRICK K.-72nd District

NELSON, C. WILLIAM--47th District

NUCKOLLS, H. PAUL--91st District
Sponsored: 36-B
Co-sponsored: 37-B

OGDEN, CARL--20th District
Sponsored: 14-B

O'MALLEY, TERENCE T.-85th District
Sponsored: 40-B

PAPY, CHARLES C., JR.-117th District
Co-sponsored: 28-B

PATCHETT, R. DALE---48th District
Co-sponsored: 37-B

PATTERSON, THOMAS R.-2nd District

POINDEXTER, DON-59th District

POOLE, VAN B.-844th District

READY, GENE--51st District

REDMAN, JAMES L.-62nd District

INDEX

INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES

RICHARD, BARRY-112th District
Co-sponsored: 281-B

RICHMOND, RONALD R.-37th District
Co-sponsored: 37-B

RISH, WILLIAM J.-9th District

ROBINSON, GROVER C., III-1st District
Sponsored: 20-B

RYALS, JOHN L.-63rd District
Sponsored: 11-B

SADOWSKI, WILLIAM E.-113th District

SAMPLE, DOROTHY EATON-61st District
Co-sponsored: 37-B

SHELDON, GEORGE H.-69th District

SMITH, ERIC B.-19th District
Sponsored: 22-B

STEINBERG, PAUL B.-101st District
Sponsored: 29-B

TAYLOR, WILLIAM J.-77th District

THOMPSON, JAMES HAROLD-10th District
Co-sponsored: 37-B

TUCKER, DONALD L.-llth District

WARD, JAMES G.-6th District
Co-sponsored: 37-B

WARNER, STEPHEN JAMES-87th District
Co-sponsored: 28-B

WILLIAMS, FRANK-25th District

WOODRUFF, TOM M.-60th District

YOUNG, WALTER C.-95th District
Sponsored: 21-B

Bills, Resolutions, and Memorials
Sponsored by Committees
[Source: Information Division, Joint Legislative Management Committee]
FINANCE & TAXATION
Committee Bills: 37-B, 38-B, 39-B

Miscellaneous Subjects

Subject Pages
Governor
Proclamation 1

Photograph of last House to meet in the Chamber of the
old Capitol 38

Subject
Rules of the House
Precedents and Rulings 8, 12

Speaker
Presentation of gifts by Members 31

Vetoed Bills

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

Date
No. Subject Sponsor Pages Vetoed Disposition

1977 Regular Session Vetoed House Bills
HB
388 Purchasing ....-----------------..---------- Melvin 6 ------------------- .-------------6-22-77
621 HRS; financial assistance ------Hieber 2 ................-- ......... .........................-----------------........6-20-77
CS/CS/HB
1787 Public financing for housing --...-------- ..-------.. Committees on Finance & Taxation and Community
Affairs and Ready 2, 30-31 ........------------------6-18-77 Sustained
2361 Nursing homes ----------------- Committee on Health & Rehabilitative
Services 2 ..---- ............. ...--------- -----.. ---..............6-20-77
Dates shown hereafter are dates when Governor vetoed bills and sent these
directly to Secretary of State for subsequent transmittal to House.
1977 Special Session "B" Vetoed House Bills
HB
1-B Dimethyl sulfoxide (DMSO) .....................----------------. Hollingsworth -- ----------------- ----7-13-77

43

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Subject Index of House and Senate

Bills, Resolutions, and Memorials

[Source: Information Division, Joint Legislative Management Committee]

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

-A-
ADMINISTRATION, DEPT. OF
State-Federal Relations Trust Fund created, S43-B
ALCOHOLIC BEVERAGES & LIQUORS
Malt beverages; excise tax exemption deleted re military op-
erations, S26-B
"Net purchase price" defined; tax percentage, S28-B, S6-B
Soft drinks; excise tax, H34-B, S22-B
Tax increase; dealer's credit; applicability of increases, S6-B
Vendors/malt beverages/wines, etc., license fee equaliza-
tion, H6-B, S9-B
ALCOHOLIC BEVERAGES & TOBACCO, DIV. OF
Created, H35-B
APPOINTMENTS
Governor
Phosphate Land Reclamation Study Commission, H2-B,
S5-B
Legislature
Organized Crime Committee, H22-B
APPROPRIATIONS
Holdback of funds, General Appropriations Bill, H37-B
Household Property Tax Relief, S29-B
Organized Crime Legislative Committee, H22-B
Phosphate Land Reclamation Study Commission, H2-B,
S5-B
-B-
BOOKMAKING
Penalties; conspiracy, etc., H11-B
-C--
CANAL AUTHORITY
Transferred to Natural Resources Dept. & renamed, S39-B,
S45-B
CIVIL OR CIVIL RIGHTS ACTIONS
Public Officers & Employees; defense authorized, S41-B
CONDEMNATIONS
Helton, Hubert S./Senate Appropriations Staff Director,
S25-B
Plante, Kenneth A./Senate Minority Leader, S44-B
CONCURRENT RESOLUTIONS
Federal legislation/regulations/funding; legislative policy
established re impact, S42-B
CONSTITUTIONAL AMENDMENTS
Appropriation Bill funds; holdback re additional income,
H37-B
CONTRACTS
Preferring state contractors/public contracts, H20-B, S37-B
CORPORATE INCOME TAX
" Tax credits re corporations creating new employment, H5-B,
S4-B
CORPORATIONS
Foreign/domestic; annual report filing fees increased, H9-B,
S10-B
Investor protection; exempt offer redefined re exclusions,
S33-B, H29-B

COUNTY COMMISSIONERS
County-owned real property; lease without competitive bid,
H21-B
CRIMES & PENALTIES
Bookmaking, H11-B
-D-
DISCLOSURE
Financial disclosure; law revision, S46-B
Public Officers & Employees; full financial disclosure, forms/
filing, etc., S40-B
DOCUMENTARY EXCISE TAX
Mortgages/deeds of trust/notes/certificates, H4-B, S15-B
--E--
EDUCATION
Compensatory Education Program; minimum level of funding,
H30-B, S34-B
Handicapped/retarded children; special instruction program,
S38-B, S24-B
Pupil progression; certificates of attendance; differentiated
diplomas, H31-B
ETHICS, CODE OF
Law revision, S46-B
Public Officers & Employees, full financial disclosure; forms/
filing, etc., S40-B

GOVERNMENTAL REORGANIZATION
Alcoholic Beverages & Tobacco Division created, H35-B
Canal Authority transferred to Natural Resources Dept. &
renamed, S39-B, S45-B
Organized Crime, Joint Legislative Committee; created, H22-B
Phosphate Land Reclamation Study Commission created
Natural Resources Dept., H2-B, S5-B
State-Federal Relations Office created; location, Washington,
D.C., S43-B
GOVERNOR
Reports
Organized Crime Committee, H22-B
Phosphate Land Reclamation Study Commission, H2-B,
S5-B
State-Federal Relations Office created; location, Washington,
D.C., S43-B
-H-
HOSPITALS
DSMO (arthritis drug); administration, Hi-B
Medical Review Committee redefined re health care provid-
ers, S47-B
-I--
IMPACT
Federal legislation/regulations/funding; legislative policy
established re, S42-B
INVESTOR PROTECTION
Exempt offer redefined re exclusions, S33-B, H29-B
-K-
KEYS BRIDGES
Water supply facilities; relocation/replacement costs, pay-
ment, S36-B

INDEX

44

JOURNAL OF THE HOUSE OF REPRESENTATIVES

-L-
LAND SALES PRACTICES LAW
Subdividers; financial statements; books/records, examina-
tion, H36-B
LEGISLATURE
Organized Crime, Joint Legislative Committee, H22-B
Reports
Natural Resources Dept./Canal Authority transfer, S39-B,
S45-B
Organized Crime Committee, H22-B
Phosphate Land Reclamation Study Commission, H2-B,
S5-B
LOCAL GOVERNMENT
Purchases; state businesses, preferential treatment, S37-B
-M-
MOTOR VEHICLES
License renewal period redefined; annual reregistration com-
mercial vehicles, S21-B
License transfer fee/refunds; certain removed, S23-B
-N--
NATURAL RESOURCES, DEPT. OF
Canal Authority transfer; duties re, S39-B, S45-B
NURSING HOMES
Medical Review Committee redefined re health care pro-
viders, S47-B

PHYSICIANS & SURGEONS
DSMO (arthritis drug); administration, Hl-B
Medical Review Committee redefined re health care pro-
viders, S47-B
PILOTS
Licensed; assessment increased, H32-B
POPULAR NAMES
Household Property Tax Relief Act, S29-B
PUBLIC OFFICERS & EMPLOYEES
Civil & Civil Rights Actions; defense authorization, S41-B
Financial disclosure; law revision, S46-B
Full financial disclosure, S40-B
PURCHASING
Political subdivisions; state businesses preferential treat-
ment, S37-B
Preferring state contractors/public contracts, H20-B, S37-B
-R-
RACING
Bookmaking; penalties, conspiracy, etc., H11-B
Dog tracks; days of operation increased, H12-B
REAL ESTATE & REAL PROPERTY
County-owned; lease without competitive bids, H21-B
--S--

SALES TAX
Advertising, H24-B
Businesses selling tangible personal property; cap on tax re
certain machinery, etc., S2-B
Dealer's credit; allowable percentage rate changed, S18-B
Fuel/energy used re manufacturing/processing goods for
sale or resale; certain exempt, H17-B

SALES TAX (Cont.)
Fuel/energy used re manufacturing/processing tangible per-
sonal property, S3-B
Increased; dealer's credit reduced; commercial fuel, partial
exemption, H33-B, S31-B, H39-B
Machinery, equipment & parts; tax reduction, H16-B
Out-of-state car buyers, H3-B, S12-B
Personal services, H26-B
Pollution control equipment; exemptions, S20-B, H18-B
Professional services, H25-B
Rentals/admissions/communication services, etc. increased,
S31-B, H33-B, H39-B
Taxable services; rates, returns, regulations, S35-B
Transient rentals; exempt time reduced, H8-B, S13-B
SCHOOLS
Compensatory Education Program; minimum level of fund-
ing, H30-B, 834-B
Education Finance Program; differential determination meth-
od changed, S24-B
Handicapped/retarded children; special instruction program,
S38-B, S24-B
Pupil progression; certificates of attendance; differentiated
diplomas, H31-B
-.-T-
TAXATION
Cigarette dealer permits; annual cost increase, H35-B
Cigarette tax increased; method of distribution, S8-B, H38-B,
H10-B
Estate taxes; extensions; interest rates, H14-B, S11-B
Household Property Tax Relief, S29-B
Intangible personal property tax; assessment re purchase
point, H23-B, S14-B
Intangibles; certain references clarified; time limitation re
payment, H7-B, S16-B
Inventory tax; assessment rate reduced, H15-B, Si-B
Inventory tax; exclusion of certain goods/raw materials,
S30-B, H13-B
Labor organizations, real property used re education; exemp-
tion, H19-B, S27-B
Municipal tax; fuel oil/kerosene; levy authorized, S19-B
Oil & gas production tax; rate increased, S7-B
Phosphate tax, H2-B, S5-B
Soft drinks; excise tax imposed, S22-B
Water & sewer companies, FHA rates; exemption, H19-B,
S27-B
TRANSPORTATION
Keys bridges; relocating/replacing water supply facilities;
funds, H28-B, S36-B
Motor vehicle licensing moneys; disposition, H10-B, H38-B,
S32-B
Right-of-way maps, purchases, etc., S32-B
TRUST FUNDS
State-Federal Relations, S43-B
--U--
UNEMPLOYMENT COMPENSATION
Average weekly wage earned; reduced from 20 to 10 times
re eligibility, H40-B, S48-B

VETERANS
Director, Veterans Affairs Division; selection/salary, H27-B
--W--

WORKMEN'S COMPENSATION
Tax assessment re insurance carriers; deductions, S17-B

45

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

House Bills, Resolutions, and Memorials by

Number, Subject, Sponsor, and Disposition
To obtain the number of a bill, see the subject matter index preceding this index.
Page numbers in Boldface Print indicate location of roll call votes on disposition.

Abbreviations:
Ch.-Chapter Number, as passed
CSP-Companion or similar bill passed
DCH-Died on house calendar
DHC-Died in house committee (no action by committee)
DM-Died in messages
ECH-Enacting clause stricken in house

FPH-Failed to pass house (defeated)
FVI-H-Failed vote for introduction in house
HB-House Bill
HJR-House Joint Resolution
LTH-Laid on table in house

HB
1-B Dimethyl sulfoxide (DMSO) (Hollingsworth) 2, 24, 37
Vetoed
2-B Severance of solid minerals tax (McDonald) 2, 24
DCH/CSP
3-B Sales and use tax (Boyd) 2,24 DCH/CSP
4-B Excise tax on documents (Boyd) 3, 24 DCH/CSP
5-B Corporate income tax (Boyd) 3 DHC
6-B Beverage law (Boyd) 3 DHC
7-B Intangible taxation (Boyd) 3 DHC
8-B Transient rentals sales tax (Boyd) 3 DHC
9-B Corporations (Boyd) 3, 24 DCH
10-B Transportation (Jones) 3, 35 DM/CSP
11-B Bookmaking (Ryals) 4 DM
12-B Pari-mutuel wagering (Culbreath) 4-5, 24, 37 Ch. 77-
449
13-B Inventory tax (Haben) 5 DHC
14-B Estate taxes (Ogden) 5, 24 DCH
15-B Property assessments (Melvin) 5 DHC/CSP
16-B Sales, storage, and use tax (Melvin) 5 DHC
17-B Sales, storage, and use tax (Melvin) 5 DHC
18-B Sales and use tax (Melvin) 5 DHC
19-B Ad valorem tax exemptions (Craig) 5 DHC/CSP
20-B Letting of public contracts (Robinson) 25 LTH/CSP
21-B County-owned real property (Young) 6, 25-26, 37
Ch. 77-475

HB
22-B Joint Legislative Committee on Organized Crime
(Smith) 26 DM
23-B Intangible personal property tax (Boyd) 6, 24 DCH/
CSP
24-B Sales and use tax (Boyd) 7 DHC
25-B Sales and use tax (Boyd) 7 DHC
26-B Sales and use tax (Boyd) 7 DHC
27-B Veterans (Lockward) 26-27 DM
28-B Department of Transportation (Malloy) 10-11 DM
29-B Investor Protection Act (Steinberg) 27, 37 Ch. 77-450
30-B Withdrawn
31-B Withdrawn
32-B Pilots (Craig) 32, 37 Ch. 77-470
33-B Taxation (Fortune) 8 DHC
34-B Beverage law (Boyd) 7-8 ECH
35-B Cigarettes (McPherson) 28, 37 Ch. 77-421
36-B Withdrawn
HJR
37-B Holdback of funds (Finance & Taxation) 29630 FVI-H
HB
38-B Withdrawn
39-B Taxation (Finance & Taxation) 24 FPH
40-B Withdrawn

Senate Bills, Resolutions, and Memorials

(Received in House) by Number, Subject,

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

Abbreviations:
Ch.-Chapter Number, as passed
DHC-Died in house committee (no action by committee)
FVI-H-Failed vote for introduction in house
SB-Senate Bill
SCR-Senate Concurrent Resolution

SB
1-B Special property assessments (Vogt) 34-35, 37 Ch.
77-476
5-B Severance of solid minerals (Gordon) 11-12, 37 Ch.
77-406
6-B Beverage taxation (Finance, Taxation and Claims) 12,
13-14, 27-28, 37 Ch. 77-407
7-B Oil and gas production tax (Gordon) 14-15, 31 Ch.
77-408
8-B Cigarette taxation (Lewis) 19-23, 29, Ch. 77-409
10-B Corporations (Lewis) 15 Ch. 77-410
11-B Estate taxes (Lewis) 16 Ch. 77-411
12-B Sales tax (Gordon) 16 Ch. 77-412
14-B Intangible personal property tax (Lewis) 16-17 Ch.
77-413
15-B Excise tax on documents (Lewis) 17 Ch. 77-414
23-B Motor vehicle licenses (Poston) 17-18 Ch. 77-415

SB
24-B Public school funding (Lewis) 18 DHC
27-B Ad valorem tax exemptions (Spicola) 9-10 Ch. 77-459
32-B Transportation (Myers) 35-36 Ch. 77-416
34-B Educational funding (Castor) 18-19 Ch. 77-417
36-B Department of Transportation (Holloway) 32 Ch. 77-
418
37-B Political subdivisions purchases (Childers, W.) 9, 25,
37 Ch. 77-460
40-B Ethics in government (Johnston) 33-34 FVI-H
SCR
42-B Legislative policy (Scarborough) 32-33 Adopted
SB
43-B Trust funds (Plante) 33 Ch. 77-419
47-B Health care providers (McClain) 36 Ch. 77-461
48-B Unemployment compensation (MacKay) 36-37 Ch.
77-420

46

INDEX

MILLISECOND	CLASS.METHOD	MESSAGE
0	sobekcm_page_globals.constructor
0	sobekcm_page_globals.constructor	Application State validated or built
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.constructor	Navigation Object created from URI query string
0	sobekcm_database.verify_item_lookup_object
0	sobekcm_page_globals.display_item	Retrieving item or group information
0	sobekcm_page_globals.get_entire_collection_hierarchy	Retrieving hierarchy information
0	sobekcm_assistant.get_entire_collection_hierarchy
0	cached_data_manager.retrieve_item_aggregation
0	cached_data_manager.retrieve_item_aggregation	Found item aggregation on local cache
0	item_aggregation_builder.get_item_aggregation	Found 'all' item aggregation in cache
0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
0	html_echo_mainwriter.add_style_references	Adding style references to HTML
0	html_echo_mainwriter.add_text_to_page	Reading the text from the file and echoing back to the output stream
77	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file