Title Page
        Page i
    Members of the House of Representatives
        Page ii
        Page iii
    December 1977
        Tuesday, December 13
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
    Index
        House Resolutions by Number, Subject, Sponsor, and Disposition
            Page 7
        Miscellaneous Subjects
            Page 7
        Vetoed Bills
            Page 7

Journa



I



of the

House of Representatives



Special



I



Sessio



of the
Fifth Legislature



[under the Constitution as Revised in 1968]



December 13, 1977



n







MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (93); Republicans in Italic (27)]

District



District



Part of Escambia
1 Grover C. Robinson, III, Pensacola
2 Thomas R. "Tom" Patterson, Pensacola
3 Clyde H. "Jack" Hagler, Pensacola
Okaloosa, parts of Escambia, Santa Rosa, Walton
4 Edmond M. "Ed" Fortune, Pace
5 J. G. "Jerry" Melvin, Fort Walton Beach
6 James G. Ward, Fort Walton Beach
Holmes, parts of Jackson, Walton, Washington
7 Wayne Mixson, Marianna
Parts of Bay, Walton, Washington
8 Earl Hutto, Panama City
Calhoun, Gulf, parts of Bay, Gadsden, Jackson, Liberty
9 William J. "Billy Joe" Rish, Port St. Joe
Franklin, parts of Gadsden, Jefferson, Liberty,
Taylor, Wakulla
10 James Harold Thompson, Quincy
Leon, parts of Jefferson, Madison, Wakulla
11 Donald L. Tucker, Tallahassee
12 Herbert F. "Herb" Morgan, Tallahassee
Columbia, Hamilton, parts of Madison, Suwannee
13 Wayne Hollingsworth, Lake City
Citrus, Dixie, Gilchrist, Lafayette, Levy, parts of
Hernando, Marion, Suwannee, Taylor
14 Gene Hodges, Cedar Key
Baker, Nassau, parts of Duval, Union
15 George Crady, Yulee
(Elected September 27, 1977)
Part of Duval
16 Arnett E. Girardeau, D.D.S., Jacksonville
17 John R. Forbes, Jacksonville
18 John W. Lewis, Jacksonville
19 Eric B. Smith, Jacksonville
20 Carl Ogden, Jacksonville
21 Thomas L. "Tommy" Hazouri, Jacksonville
22 Steve Pajcic, Jacksonville
23 R. Earl Dixon, Jacksonville
24 Ander Crenshaw, Jacksonville
Bradford, Clay, part of St. Johns
25 Frank Williams, Starke
Alachua, parts of Marion, Putnam, Union
26 Sidney "Sid" Martin, Hawthorne
27 William C. "Bill" Andrews, Gainesville
Parts of Flagler, Putnam, St. Johns
28 A. H. "Gus" Craig, St. Augustine
Volusia, part of Flagler
29 William R. "Bill" Conway, Ormond Beach



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







District
63 John L. Ryals, Brandon
64 R. Ed Blackburn, Jr., Temple Terrace
65 James S. "Trooper Jim" Foster, Tampa
Part of Hillsborough
66 H. Lee Moffitt, Tampa
67 Pat Frank, Tampa
68 Richard S. "Dick" Hodes, M.D., Tampa
69 George H. Sheldon, Tampa
70 Helen Gordon Davis, Tampa

Hardee, parts of Manatee, Sarasota
71 Ralph H. Haben, Jr., Palmetto
72 Patrick K. "Pat" Neal, Bradenton
Parts of Charlotte, Manatee, Sarasota
73 Thomas E. "Tom" Danson, Jr., Sarasota
74 Ted Ewing, Venice

DeSoto, parts of Charlotte, Highlands, Sarasota
75 Frederic H. "Fred" Burrall, Port Charlotte
Parts of Martin, St. Lucie
76 K. Dale Cassens, Fort Pierce
Parts of Martin, Okeechobee, Palm Beach.
77 William J. "Bill" Taylor, Tequesta
Parts of Broward, Palm Beach
78 Donald F. "Don" Hazelton, West Palm Beach
79 Reid Moore, Jr., Palm Beach
80 William G. "Bill" James, Delray Beach
81 Edward J. "Ed" Healey, West Palm Beach
82 John J. Considine, III, West Palm Beach
83 Thomas F. "Tom" Lewis, North Palm Beach
Part of Broward
84 Van B. Poole, Fort Lauderdale
85 Terence T. "Terry" O'Malley, Hallandale
86 Linda C. Cox, Lauderhill
87 Stephen James "Steve" Warner, Pompano Beach
88 Tom Gustafson, Fort Lauderdale



District
Collier, Glades, parts of Hendry, Highlands, Lee
89 Mary Ellen Hawkins, Naples
Parts of Charlotte, Hendry, Lee
90 Franklin B. Mann, Fort Myers
91 Hugh Paul Nuckolls, Fort Myers
Parts of Broward, Dade
92 Tom McPherson, Fort Lauderdale
93 Harold J. Dyer, Hollywood
94 John Adams, Hollywood
95 Walter C. "Walt" Young, Pembroke Pines
96 Charles W. "Charlie" Boyd, Hollywood
97 David J. Lehman, M.D., Hollywood
Part of Dade
98 Elaine Gordon, North Miami
99 Barry Kutun, Miami Beach
100 Elaine Bloom, North Miami Beach
101 Paul B. Steinberg, Miami Beach
102 Gwen Margolis, North Miami
103 Alan S. Becker, North Miami Beach
104 William H. "Bill" Lockward, Miami Lakes
105 Joe Lang Kershaw, Miami
106 Gwendolyn Sawyer "Gwen" Cherry, Miami
107 A. M. "Tony" Fontana, Miami Lakes
108 John Allen Hill, Miami Lakes
109 Joseph M. "Joe" Gersten, Miami
110 Roberta Fox, Miami
111 C. Thomas "Tom" Gallagher, III, Coconut Grove
112 Barry Richard, Miami
113 William E. "Bill" Sadowski, Miami
114 Robert C. "Bob" Hector, Miami
115 James F. "Jim" Eckhart, Miami
116 Robert W. "Bob" McKnight, Miami
117 Charles C. "Charlie" Papy, Jr., Miami
118 John Cyril Malloy, Miami
119 Hugo Black, III, Miami
Monroe, part of Dade
120 Joe Allen, Key West



OFFICERS OF THE HOUSE OF REPRESENTATIVES



Speaker-Donald L. Tucker



Clerk-Allen Morris



Sergeant at Arms-Wayne Westmark



__



Speaker pro tempore-John L. Ryals















STlje Joural OF THE


'House of Jipreseqitatives


SPECIAL SESSION



Tuesday, December 13, 1977

Beginning of a Special Session of the Fifth Legislature under the Constitution as Revised in 1968, convened
by Proclamation of the President of the Senate and the Speaker of the House of Representatives and held at
the old Capitol in the City of Tallahassee in the State of Florida, on Tuesday, December 13, 1977.



The House was called to order at 10:00 a.m. by the Honorable
Donald L. Tucker, Speaker, pursuant to the following procla-
mation, which was read by the Clerk, Dr. Allen Morris:

THE FLORIDA LEGISLATURE
JOINT PROCLAMATION
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE FLORIDA HOUSE OF REPRESEN-
TATIVES:
We, Lew Brantley, President of the Florida Senate, and
Donald L. Tucker, Speaker of the Florida House of Repre-
sentatives, by virtue of the authority vested in us by Section
3, Article III, Florida Constitution, and Section 11.011, Florida
Statutes, do hereby proclaim:
1. That the Legislature of the State of Florida is convened
in Special Session pursuant to Section 3(c), Article III,
Florida Constitution and Section 11.011, Florida Statutes,
at the old Capitol facilities in Tallahassee, Florida, at 10
o'clock A.M., on Tuesday, the 13th day of December, 1977,
for a period of one day.
2. That the Legislature is convened for the sole and ex-
clusive purposes of consideration by the Florida Senate of
a Report and Recommendation of the Senate Committee on
Judiciary-Civil relating to discipline of the Senator from the
38th senatorial district and consideration by the Florida
Senate of resolutions relating to standards of conduct.



LEW BRANTLEY
President,
The Florida Senate

November 29, 1977



DONALD L. TUCKER
Speaker,
The Florida House of
Representatives
November 29, 1977



Duly filed with and received
by the Florida Department
of State this 29th day of
November, 1977.
by BRUCE A. SMATHERS

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
Crady
Craig
Crawford
Crenshaw
Culbreath
Danson
Davis
Dixon
Dyer
Easley
Eckhart
Evans
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Fulford
Gallagher
Gersten
Excused:
Morgan.



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



Langley Papy
Lehman Patchett
Lewis, J. W. Patterson
Lewis, T. Poindexter
Lockward Poole
Mann Ready
Margolis Redman
Martin Richard
Maxwell Richmond
McCall Rish
McDonald Robinson
McKnight Ryals
McPherson Sadowski
Mica Sample
Mixson Sheldon
Moffitt Smith
Moore, R. Steinberg
Moore, T. Taylor
Neal Thompson
Nelson Ward
Nuckolls Warner
Ogden Williams
O'Malley Woodruff
Pajcic Young
Haben, Malloy, Melvin,



and



A quorum was present.

Prayer
Prayer by Representative William J. Rish:
Our Heavenly Father, we thank You for this day that
You've given us to live and to serve Thee. We ask that as
the Senate gathers this day that they might have the
divine guidance of You to lead them in their deliberations.
Our Heavenly Father, we thank You for all the blessings
that You have bestowed upon us. We ask that You would
forgive us where we have failed You. And at this season
of the year, especially, may we feel our hearts strangely
warm in such a way that we would rededicate our lives to
the better service of the building of the Kingdom on this
earth. Amen.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of June 24 was approved.

Communications

The Secretary of State had notified the Clerk that Mr.
George Crady was elected on September 27, 1977 as Member
of the House of Representatives from the 15th District, to



1








JOURNAL OF THE HOUSE OF REPRESENTATIVES



succeed Mr. George R. Grosse who resigned effective July
31, 1977. Mr. Crady was administered the Oath of Office
by the Clerk on October 5, 1977.
The Speaker presented Mr. Crady to the House.

Veto Messages
The following vetoed Acts of the 1977 Regular and Special
Sessions, transmitted by the Secretary of State with the ob-
jections of the Governor, were received:



Honorable Bruce A. Smathers
Secretary of State



June 24, 1977



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
"the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 676, enacted
by the Fifth Legislature of the State of Florida, under the
Florida Constitution, 1968 Revision, during the Regular Session
of 1977, and entitled:
"An act relating to public business; creating s. 286.24,
Florida Statutes, requiring state agencies to give prior
notice to affected political subdivisions of the state of pro-
posed actions prior to taking final action; providing an
effective date."
House Bill 676 would require each state agency to provide
"sufficient notice" to any "political subdivision" of the state
of any "proposed action" by the agency which would "directly
affect" that subdivision. The intent of this bill is to provide
notice to local governments of proposed agency action. This
has been advanced by State government in recent years. Pass-
age of the Administrative Procedure Act in 1974 is an excellent
example of the concern we share in State government for
allowing individuals and local governments a voice in the
making of administrative decisions at the State level. Any
statutory effort to increase these notice requirements, how-
ever, should be developed to deal with specific problems instead
of adopting a general wide ranging approach which would
simply have the effect of making the activities of government
more cumbersome.
Also, I am concerned about that part of the bill which
provides for a "reasonable period of time" which the affected
governmental bodies would be given to respond to agency
notification. There are no guidelines in the bill for determining
precisely what a "reasonable period of time" might be. And,
while we must be concerned about the impact of State agency
decisions on local areas, we must also be concerned about the
harmful delays that might conceivably result in some instances
if a "reasonable period of time" does not prove to be as
reasonable as it should be. This could prove costly.
The bill, however well intended, is neither practical nor
workable. It is vague, for it does not define "sufficient
notice" or "directly affect." It is expensive, and it is not
accompanied by an appropriation which would be needed to
pay for the costly and time-consuming task of notifying all
those political subdivisions of the State affected by proposed
actions. In addition, the bill is misplaced, for it would seem to
be a modification of the Administrative Procedure Act, which
is Chapter 120, Florida Statutes, rather than in Chapter 286,
Florida Statutes, dealing with "Public Business."
For these reasons, I am withholding my approval of House
Bill 676 and do hereby veto same.
Sincerely,
REUBIN ASKEW
Governor
-and the above vetoed bill (1977 Regular Session), to-
gether with the Governor's objections thereto, was referred to
the Committee on Health & Rehabilitative Services.



Honorable Bruce Smathers
Secretary of State
Dear Secretary Smathers:



June 29, 1977



By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of



the State of Florida, I hereby withhold my approval of and
transmit to you with my objections for House Bill 1107
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 meetings; amending s. 286.011,
Florida Statutes, which provides that meetings of state
and local agencies shall be open to the public, to provide for
assessment of attorneys' fees against agencies and certain
individuals found in violation of said section; authorizing
the award of attorney's fees under certain circumstances;
prohibiting public meetings at certain locations; providing
for reimbursement of attorney's fees under certain circum-
stances; providing that a board or commission may meet with
its attorney in a private meeting not open to the public
regarding pending litigation, the minutes of which meeting
are exempt from s. 119.07(1) until the final conclusion of
such litigation at which time such minutes shall be made
public; providing an effective date."
Originally, House Bill 1107 was intended to strengthen
Section 286.011, Florida Statutes, which is commonly known
as the "Sunshine Law." The sponsor of the bill, Representa-
tive Arnett Girardeau of Jacksonville, sought to amend the
"Sunshine Law" by awarding attorneys' fees to persons
who successfully bring legal actions to compel governmental
boards or agencies to comply with the law.
Later, House Bill 1107 was amended to prohibit public
bodies from meeting at any place which discriminates on
the basis of sex, age, race, creed, color, origin, or economic
status, or which operates in such a manner as to unreasonably
restrict public access. This amendment was introduced by
Representative Dick Batchelor of Orlando. There is consider-
able merit in what he hoped to accomplish with his amendment.
Unfortunately, there is another provision in House Bill 1107
which would seriously damage the "Sunshine Law." Due to this
provision, Representatives Girardeau and Batchelor have joined
with many other supporters of "Government-in-the-Sunshine"
in urging me to withhold my approval from this bill.
Section 8 of House Bill 1107 permits public bodies involved
in litigation to meet secretly with their attorney to "decide
or discuss future action in the litigation." In my opinion,
allowing such secret gatherings would frustrate the intent of
the "Sunshine Law" and diminish considerably the atmosphere
of openness that has come to be expected of government in this
State.
Discussion of pending litigation behind closed doors would
prove a very broad and significant exception to the "Sunshine
Law." Many of the decisions which public boards and agencies
are called upon to make today are directly related to pending
litigation. These decisions include the sale of public lands,
environmental disputes, educational issues, and the financing of
public projects-to name just a few. So what we are talking
about is excluding the public from a significant amount of
public business.
Furthermore, discussion about litigation almost necessarily
wanders far afield. Practically speaking, such discussions
cannot be confined to narrow legal issues. Secret discussions
could very well result in tentative or even final decisions on
matters of great public interest. Indeed, governmental decisions
about whether to start or stop litigation are among the most
important decisions that public bodies make.
Section 8 of House Bill 1107 invites abuse. "Government-in-
the-Sunshine" offers nedeed protection from the willfulness and
the duplicity that too often characterize governments which
meet in secret. Public decisions must not be made by public
officials in private meetings. If matters of litigation strategy
and other matters of public concern are kept from the people,
then a strong possibility exists of a misuse of the condemna-
tion power, of collusive out-of-court settlements, and of other
evils which can be avoided by requiring "Government-in-the-
Sunshine."
I realize that Section 8 requires tape recordings and written
verbatim transcripts of all secret meetings between public



officials and counsel. However, Section 8 also provides that
these tape recordings and transcripts shall be kept secret

until the conclusion of the litigation. Consequently, it could
literally be years before the public has an opportunity to
become informed about what should be public decisions. By



2



December 13, 1977








JOURNAL OF THE HOUSI



that time, any chance for public influence on those decisions
would surely have passed. Some of the public officials who
made those decisions might even have left office. The harm
would be done.
Many times there is little incentive for a public body not
to bring a lawsuit. Public officials generally have abundant
legal resources at their disposal. Often the only real deterrent
to litigating or continuing a case is public opinion. The fact
that public bodies must seek the advice of counsel at public
meetings surely has stopped questionable lawsuits from being
filed or pursued.
It should be remembered, too, that public litigation is financed
by public money. Attorneys for public bodies are paid with
public money. Their clients are not the boards and the com-
missions and the councils they advise, but rather the people
those public bodies are supposed to serve. Since these collective,
decision-making bodies are covered by the "Sunshine Law,"
the people should not be excluded when litigation is discussed.
While it might appear to some at first glance that public
bodies should not be kept from doing what their private
adversaries in litigation do all the time, this is not really a
proper comparison. The argument that the "other side" has
an unfair advantage in litigation with public agencies because
they are able to consult in private, ignores the reality of
litigating under the modern rules of civil procedure. These
rules allow very extensive pretrial discovery of evidence by
opposing parties to a suit. The party that prevails today is not
the party with a secret strategy or document, but rather the
side that has done the best job of researching and preparing its
case.
I am not unappreciative of the fact that there is some
merit to permitting public bodies to meet privately with
their attorneys, but the potential for abuse outweighs the
potential benefit. Public agencies in Florida have managed to
survive for ten years without holding secret meetings with
their attorneys. There is no reason to think that they should
not be able to survive many more. While this may cause
some inconveniences in the short run, certainly we have dis-
covered in this state that it is far better in the long run
to conduct public business in the "sunshine." The public
trust and the public confidence that are fostered by free and
open government proceedings far outweigh any possible bene-
fits that might be derived from Section 8 of this bill.
For these reasons, I am withholding my approval of House
Bill 1107, Regular Session of the Legislature, commencing
on April 5, 1977 and do hereby veto the same.
Sincerely,
REUBIN ASKEW
Governor
-and the above vetoed bill (1977 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Governmental Operations.

Honorable Bruce A. Smathers July 1, 1977
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida,
under the provisions of Article III, Section 8, of the Consti-
tution of the State of Florida, I hereby withhold my approval
of and transmit to you with my objections House Bill 1464
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 automobile inspection and warranty
associations; amending s. 634.052, Florida Statutes; pro-
viding that before a license is issued by the Department of
Insurance to such an association, it must show proof of full
coverage insurance, or must establish and maintain capital
and surplus as set forth in ss. 624.407 and 624.408, Florida
Statutes; prescribing a compliance period for present license
holders; providing an effective date."
House Bill 1464 requires automobile warranty associations



to have either full-coverage insurance by a licensed casualty
insurer or a capitalization equal to a new casualty insurer
($1,250,000) instead of the present deposit or bond of $50,000
with the Insurance Commissioner. It grants these associations
90 days from the October 1, 1977 effective date of the act to
comply with the provisions of this act.



December 13, 1977



Honorable Bruce Smathers
Secretary of State



July 1, 1977



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida,
under the provisions of Article III, Section 8, of the Consti-
tution of the State of Florida, I hereby withhold my approval
of and transmit to you with my objections House Bill 1606,
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 Lee County; authorizing the Division
of Beverage of the Department of Business Regulation to
issue a special alcoholic beverage license to the American
Legion Melvin Cowart Post No. 274, Inc., for specified
purposes; providing an effective date."
House Bill 1606 attempts to exempt from the limitations
contained in Section 565.02(4), Florida Statutes, the American
Legion Melvin Cowart Post No. 274, Inc. by allowing the
organization to serve alcoholic beverages at functions held
at the Cowart Legion Post which are sponsored by other
bona fide organizations. Present law would allow organizations
granted a license under Section 565.02(4) to sell alcoholic
beverages to the public by obtaining an extension of its
license for an additional fee. But the extension by law is
limited to one event per year, not to exceed five days.
House Bill 1606 would create a new class of special
licenses. If I were to allow this bill to become law, the
purpose and intent of Section 565.02(4) would be eroded at
each session of the legislature by the continual passage of
local acts.
If it is the intent of the legislature to extend the alcoholic
beverage sales privilege granted to certain bona fide organiza-
tions, the subject should be addressed in a general bill. The
legislature should not create a new class of beverage licenses
by local act.
This State must have a uniform policy whereby licenses
are issued fairly, and such decisions should not be made on
the basis of patronage or without the benefit of a statewide
point of view. Only with a uniform statewide procedure can
the difficult decisions of licensing be made in a fair and
consistent manner.
For the above reasons, I am withholding my approval of
House Bill 1606, Regular Session of the Legislature, commenc-
ing on April 5, 1977, and do hereby veto the same.
Sincerely,
REUBIN ASKEW
Governor



1'OF REPRESENTATIVES 3

The Insurance Commissioner has indicated that he feels the
compliance time is too short and that virtually all companies
would be put out of business. At his urging, a bill was filed
in the Special Session to extend the time for compliance. This
corrective bill failed to pass and the Insurance Commissioner
has recommended that I veto this bill.
There is merit to the principle behind this bill. I want to
commend all legislators who helped in its passage, particularly
Representative Don Hazelton. The basic problem with this
legislation, however, is that it does not provide sufficient and
reasonable time for all affected companies to comply with the
requirements. If the act had provided such sufficient time, I
would have signed the bill. With this in mind, I urge all
associations to improve their capitalization and secure adequate
insurance coverage. The Insurance Commissioner and I will
seek to assure consumers of proper protection and liquidity
in this area of warranty protection. We also will assist the
legislature, prior to the next session, in drafting whatever
regulatory laws are necessary to provide this protection.
For the reasons stated, I am withholding my approval of
House Bill 1464 and do hereby veto same.
Sincerely,
REUBIN ASKEW
Governor
-and the above vetoed bill (1977 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Commerce.








4 JOURNAL OF THE HOUSE

-and the above vetoed bill (1977 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Community Affairs.



Honorable Bruce A. Smathers
Secretary of State



July 1, 1977



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida,
under the provisions of Article III, Section 8, of the Consti-
tution of the State of Florida, I hereby withhold my approval
of and transmit to you with my objections House Bill 1803
"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 the Jacksonville Transportation Author-
ity; amending ss. 349.03, 349.04(2) (c), (f) and (h), and
349.041(2), Florida Statutes, providing for the removal of
members of the authority; extending financial disclosure and
conflict of interest provisions to said members; providing
that any lease of real property by the authority shall be
a public record; restricting the ability of the aby of the authority to
sell land; providing that charges for services and facilities
of the Jacksonville Expressway System may be increased or
imposed only with approval of the council of the City of
Jacksonville; providing certain bidding procedures; providing
that the authority shall use the legal services of the City
of Jacksonville; providing an effective date."
This bill is part of a package resulting from a delegation
review of the independent authorities in Jacksonville-Duval
County. Among its several changes in the legal status of the
Jacksonville Transportation Authority, the bill attempts to
have each member, except the seventh member who is the DOT
District Engineer, serve at the pleasure of the appointing
authority. However, any removal, including removal by the
Governor of one of the three members he appoints, is
conditional upon approval by two-thirds vote of the city
council. This limitation on the Governor's powers would seem
to be inconsistent with, and in violation of, the attempts to
provide service at the Governor's pleasure and may abridge
his authority granted pursuant to Article IV, Section 7.
In addition to the question of suspension and removal of
officers, this bill also raises serious constitutional and policy
questions relating to the expressway bonds of the authority
which are also guaranteed by the full faith and credit of the
State. But counsel informs me that the additional authority
granted the City Council to review any increase in "rates,
fees, rentals, and other charges" may impair existing bond
convenant and contractual agreements of the authority and will
certainly pose a serious restriction on future bond sales-one
of which is presently in the market.
The potential impairment of bonds guaranteed by the full
faith and credit of our State, as well as the substantial re-
straints on any future sales which would result in higher
interest and other bond costs, coupled with the problem in
removing officers, requires me to withhold my approval of
House Bill 1803 and I do hereby veto same.
Sincerely,
REUBIN ASKEW
Governor
-and the above vetoed bill (1977 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Community Affairs.



June 25, 1977



Honorable Bruce Smathers
Secretary of State



!I



Dear Mr. Secretary:
By authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8, of the Constitution
of the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 2287 enacted
by the Fifth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1977,
and entitled:
"An act relating to harness horse racing; adding a new sec-
tion to chapter 550, Florida Statutes; expressing legislative
intent concerning the daily operational expense allowance



Honorable Bruce Smathers
Secretary of State



June 30, 1977



Dear Mr. Secretary:
By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 32-A enacted
by the Fifth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Special Session of 1977, and
entitled:



SOF REPRESENTATIVES December 13, 1977

for harness horse racing permittees; providing an effective
date."
The horseracing industry in Florida has been faced with
declining attendance and declining wagers. In 1975, the Legisla-
ture found that it was in the best interest of the state to
stimulate interest in all segments of the horseracing industry.
In addition to several other findings the Legislature maintained
that the decline of pari-mutuel handle and attendance com-
pared to the increase in fixed and variable operating expenses
significantly affected the ability of the horse race tracks to
continue their business operations.
As a result of these findings, the Legislature enacted the
1975 "thoroughbred relief package" including Chapter 75-46
which specifically addressed the harness racing segment of
the industry. The 1975 relief statutes provided for an auto-
matic expiration on July 1, 1977.
Chapter 75-46 was repealed during the 1977 legislative
session by the passage of House Bill 2235 which I signed
into law as Chapter 77-167, Laws of Florida. Chapter 77-167
addressed the harness racing relief issue by amending section
550.37(5) to reduce the tax rate from 7 percent to 5.3 percent
of the total pari-mutuel pool. The legislation further provides
for a specialpurs lowane equal to $450 per race not to
exceed $450,000 in any one racing season as a deduction from
the taxes levied pursuant to section 550.37(5). The total
financial relief of Chapter 77-167 from lower taxes and in-
creased per race allowances for harness racing is estimated to
be $975,000 per year.
The Division of Pari-Mutuel Wagering would face serious
administrative difficulties if House Bill 2287 were allowed to
become law because its references are so vague and uncertain.
Harness Racing permittees could possibly deduct additional
allowances for "daily operational expenses" in the amount of
four-tenths of one percent of handle at the rate of $1500
per race with a ceiling of $250,000 per year plus an additional
$170 per race as an "initial expense of operation." The
amount of additional relief extended to the harness racing
permittees by House Bill 2287 would therefore be about
$275,000 per year. The Legislature established no expiration
date for this law as provided in both the 1975 and 1977
thoroughbred relief packages.
It is my belief that the 1977 thoroughbred relief package
(HB's 2234 and 2235) properly addressed the industry issues.
Harness racing was included in the relief package through the
reduction in the tax rate and a substantial deduction from
taxes levied for special purse allowances.
Further the method of drafting House Bill 2287 attempts
to incorporate by reference a statute scheduled to expire on
July 1, 1977. Had it been the intent of the Legislature in
the 1977 thoroughbred relief package to continue additional
relief for harness racing it would not have repealed Chapter
75-46.
If I were to allow House Bill 2287 to become law it would
provide a continuing annual windfall of over a quarter of
a million dollars at public expense.
For the reasons stated, I am withholding my approval of
House Bill 2287, and do hereby veto same.
Sincerely,
REUBIN ASKEW
Governor
-and the above vetoed bill (1977 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Regulated Industries & Licensing.








JOURNAL OF THE HOUSE



"An act relating to pari-mutuel wagering; adding a new
section to chapter 550, Florida Statutes, and adding a new
section to chapter 551, Florida Statutes, requiring dogracing,
horseracing, and jai alai permittees to withhold an additional
commission of 0.6% from the pari-mutuel pools; providing
for disposition of said funds; excepting quarter horse racing
permittees; repealing chapter 75-42, Laws of Florida, relating
to the presently provided additional 0.4% commission author-
ized to be withheld from the pari-mutuel pools, which
authorization expires July 1, 1977; providing effective and
expiration dates."
House Bill 2234 signed into law as Chapter 77-166, Laws
of Florida, authorized dog track, horse track and jai alai
permittees to withhold an additional six-tenths of one percent
from the total contributions to the pari-mutuel pool. In enact-
ing the law this year, section 4 provided for the repeal of
Chapter 75-42.
The repeal of Chapter 75-42 inadvertently reduced the num-
ber of days that a dog track permitted was authorized to
withhold a daily operational expense from 105 days as enacted
in 1975 to the pre-1975 level of 90 days.
House Bill 32-A was an attempt to reinstate the 105 day
authorization through a proviso in the repeal section of the
bill. This was not legally sufficient; therefore, in the second
special session the Legislature passed House Bill 12-B which
cured the problem caused by the error in House Bill 2234,
Chapter 77-166. I have signed House Bill 12-B and am vetoing
House Bill 32-A.
For the foregoing reasons, I am withholding my approval of
House Bill 32-A, Special Session of the Legislature, commenc-
ing on June 8, 1977, and do hereby veto same.
Sincerely,
REUBIN ASKEW
Governor
-and the above vetoed bill (1977 Special Session), together
with the Governor's objections thereto, was referred to the
Committee on Regulated Industries & Licensing.



Honorable Bruce Smathers
Secretary of State



June 30, 1977



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida under
the provisions of Article III, Section 8 of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 54-A, enacted
by the Fifth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Special Session of 1977, and
entitled:
"An act relating to the code of ethics for public officers
and employees; amending s. 112.312(4), Florida Statutes,
1976 Supplement, as amended by act of the 1977 regular
legislative session, redefining "candidate"; amending s. 112.-
3145(1) and (6), Florida Statutes, 1976 Supplement, as
amended by act of the 1977 regular legislative session,
requiring candidates to file full public disclosure of financial
interests; exempting any person who files a disclosure from
filing a subsequent disclosure of the same type for the same
disclosure period; providing an exemption from nondisclo-
sure penalty provisions under certain circumstances; amend-
ing s. 10 of Senate Bill 1454, as enacted during the 1977
Regular Session of the Legislature, to clarify application of
financial disclosure provisions for the year 1977; providing an
effective date."
House Bill 54-A was intended to correct several technical
problems present in Senate Bill 1454, relating to financial dis-
closure. Senate Bill 1454 passed during the Regular Session and
was vetoed June 29, 1977. Because House Bill 54-A amends the
bill which I have vetoed, it cannot take effect.
For the above reason, I am withholding my approval of
House Bill 54-A, Special Session, of the Legislature, Commenc-
ing on June 8, 1977, and do hereby veto the same.
Sincerely,
REUBIN ASKEW
Governor



OF REPRESENTATIVES 5

-and the above vetoed bill (1977 Special Session), together
with the Governor's objections thereto, was referred to the
Committee on Standards & Conduct.



Honorable Bruce Smathers
Secretary of State



July 13, 1977



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida under
the provisions of Article III, Section 8 of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 1-B, enacted
by the Fifth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Special Session of 1977 and
entitled:
"An act relating to prescription and administration of
dimethyl sulfoxide (DMSO); prohibiting hospitals and health
facilities from interfering with the physician-patient rela-
tionship by restricting use of dimethyl sulfoxide (DMSO);
providing conditions; providing for written release; providing
for disclosure by the physician; providing an effective date."
This bill would prohibit hospitals and health facilities from
interfering with physicians prescribing or administering di-
methyl sulfoxide (DMSO) to patients. DMSO is a drug which
would be used primarily in the treatment of arthritis. It
has been classified by the Food and Drug Administration as
a drug for investigational use only, to be used under extremely
limited and controlled conditions. The FDA has been giving
DMSO exhaustive attention and study. The FDA studies to
date show that DMSO causes such side effects as nausea and
dizziness in humans. It is unknown as yet whether the continued
use on one patient would have long range damaging effects
on vital organs such as the liver. A decision on its possible
approval or continued disapproval by FDA appears to be im-
minent.
Those who support the use of DMSO see no difference
between this issue and the use of Laetrile. However, DMSO
differs significantly from Laetrile. Even the most ardent
opponents of Laetrile maintained that it is an innocuous medi-
cation at worst, with no toxic effects. The FDA does not
approve Laetrile's use on the basis of its unproven effective-
ness, not because of any inherent potential danger of the
Laetrile itself. While there is some question as to the effec-
tiveness of DMSO, it is clearly a toxic substance whose long
range effects are not known.
It should be rememberemembered that the FDA was established to
protect the public from possibly dangerous drugs. There have
been instances where drugs have shown initial success in the
treatment of disease, but have later been found to be harmful
or extremely dangerous. Thalidomiomide is an example of such a
drug whose long term effects were not fully tested before it
was used for short term relief. So this is an area that we must
proceed with caution and make decisions affecting the public
well-being on the basis of substantial evidence. In contrast,
House Bill 1-B was passed during the second special session
of the legislature without the benefit of committee hearings or
testimony from the public or the medical and scientific com-
munity.
Inasmuch as DMSO may have some unknown toxic effects
not yet identified and since there was not a full legislative
hearing on both sides of this issue, the Florida Arthritis
Foundation and the Florida Medical Association have urged
my veto of this bill.
Clearly the people who suffer the painful and crippling
effects of arthritis are entitled to the entitled to the very best and most
effective treatment. We know that extensive and costly re-
search is being conducted to find the causes and cure of
this terrible disease that afflicts millions of Americans. And
we all pray that day is not far off.

But the evidence to date on DMSO shows that its effec-
tiveness and long term harmful effects are unknown. Under
such uncertain circumstances we must look to thorough scienti-
fic testing for the very safety of the public. I have discussed
this with Representative Wayne Hollingsworth, primary spon-
sor of House Bill 1-B. We have been advised that the FDA
will permit physicians to use DMSO under experimental, super-
vised conditions on patients who requests it and it will be
our intention to urge Florida doctors to investigate that
approach.



December 13, 1977








JOURNAL OF THE HOUSE OF REPRESENTATIVES



For the above reasons, I am withholding my approval of
House Bill 1-B, Special Session, of the Legislature, commenc-
ing in June 8, 1977, and do hereby veto the same.
Sincerely,
REUBIN ASKEW
Governor
-and the above vetoed bill (1977 Special Session), together
with the Governor's objections thereto, was referred to the
Committee on Health & Rehabilitative Services.
On motion by Mr. Craig, the House proceeded to the order
of-

Introduction and Reference

By Representative Tucker-
HR 1-C-A resolution authorizing the sale of obsolete House
of Representatives' chamber desks and chairs to members of
the House of Representatives.
WHEREAS, since moving to the new House of Representa-
tives' chamber, the Sergeant at Arms does have on hand, as
excess and obsolete furniture, 125 small chamber desks, each
of which has a fair market value of $10 for singles and $20
for doubles, and their accompanying chairs, each of which has
a fair market value of $75, and
WHEREAS, the House of Representatives resolves to author-
ize a current or former member of the House, upon his or
her written request, to purchase a desk and/or chair, and
WHEREAS, it is desirable that the Speaker of the House,
the Speaker Pro Tempore, the Clerk of the House, and the
Sergeant at Arms, serving as a disposition committee, deter-
mine the priority of disposition when more than one request
is received for a particular item, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:
That upon written request filed in the office of the Speaker
of the House not later than June 2, 1978, any current member
of the House of Representatives may purchase for the sum
indicated the obsolete and excess chamber desks and chairs.
The Sergeant at Arms shall deliver the items as directed
by the Speaker of the House.
BE IT FURTHER RESOLVED that, in the event a particular
item is not requested by a current member of the House, any
former member may file a similar request for purchase.
BE IT FURTHER RESOLVED that the Speaker of the
House, the Speaker Pro Tempore, the Clerk of the House,



and the Sergeant at Arms, serving as a committee, shall
determine the priority of disposition should there be more
than one request.
On motions by Mr. Craig, agreed to by two-thirds vote,
HR 1-C was admitted for introduction, read the first time by
title, the second time in full, and adopted.

By Representative Moffitt-
HR 2-C-A resolution commending the Tampa Bay Bucs
for their recent victory over the New Orleans Saints.
WHEREAS, the Tampa Bay Bucs have had to overcome a
great many setbacks in their participation in professional
football, and
WHEREAS, the team has been quarterbacked by Gary Huff,
a former Florida State University quarterback, and
WHEREAS, the Tampa Bay Bucs recently defeated the
New Orleans Saints by a score of 33 to 14, and
WHEREAS, Coach John MacKay, in a moment of rare
exaggeration termed the victory "the greatest victory in the
history of the world," and
WHEREAS, the Tampa Bay Bucs should be commended for
their remarkable professional abilities, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:
That the Tampa Bay Bucs are hereby commended by the
Legislature of the State of Florida for their fine efforts in
defeating the New Orleans Saints.
On motions by Mr. Moffitt, agreed to by two-thirds vote,
HR 2-C was admitted for introduction, read the first time by
title, the second time in full, and adopted.

Tribute to Florida A & M University Football Team
Representative Kershaw, alumnus of Florida A & M Uni-
versity, brought to the attention of the House that the Florida
A & M Rattlers are the National Black College Champion
Football Team for 1977. Representative Cherry, also an alumna,
and Members present joined him in his commendation of the
team and the university.

Adjournment

On motion by Mr. Craig, the House adjourned at 10:27 a.m.
sine die.



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 6, inclusive, are and constitute a complete, true and
correct journal and record of the proceedings of the House of
Representatives of the State of Florida at a Special Session of
the Fifth Legislature under the Constitution as Revised in
1968, held on December 13, 1977.



Clerk
Tallahassee, Florida
December 13, 1977



6



December 13, 1977









I



NDEX



to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session

of the

FIFTH LEGISLATURE
[under the Constitution as Revised in 1968]


December 13, 1977


House Resolutions by Number,
Subject, Sponsor, and Disposition



HR
1-C Sale of chamber desks and chairs (Tucker) page 6adopted
2-C Tampa Bay Bucs, commendation (Moffitt) page 6adopted


Miscellaneous Subjects
Subject Pages Subject Pages
Florida A & M University, tribute to ------------------- 6 Proclamation; joint ---- ---------- 1
Member
Crady, George; election ---------------- 1,2 Veto messages -- 2-6



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
676 Public business -- ---James 2 ----------------------------6-24-77
1107 Public meetings ------- ---------Girardeau 2-3 ------------------------------6-29-77
1464 Automobile inspection and warranty
associations ---------------- Hazelton 3 7- 1-77
1606 Lee County --------------------Nuckolls 3-4 ---------------------7- 1-77
1803 Jacksonville Transportation Auth. ------------- Forbes 4 -- -- --- --- ---7- 1-77
2287 Harness horse racing ----Committee on Regulated Industries & Licensing 4 --6-25-77
1977 Special Session "A" Vetoed House Bills
HB
32-A Pari-mutuel wagering Culbreath 4-5 ---------6-30-77
54-A Code of ethics; public officers & employees Martin 5 -----_.-- ----- 6-30-77
1977 Special Session "B" Vetoed House Bills
HB
1-B Dimethyl Sulfoxide (DMSO) ------------------. Hollingsworth 5-6 ------------------7-13-77

7



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