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Journal of the House of Representatives of the session of ..
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 Material Information
Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: v. : ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: State Printer
Place of Publication: Tallahassee Fla
Creation Date: June 1978
 Subjects
Subjects / Keywords: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
General Note: Title varies slightly.
General Note: Description based on: 1907.
Funding: Digitized for the Florida House of Representatives, the Office of the Clerk.
 Record Information
Source Institution: University of Florida
Holding Location: Florida House of Representatives. Office of the Clerk.
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 003417935
oclc - 12901236
lccn - sn 85065608
System ID: UF00027772:00071
 Related Items
Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

Table of Contents
    Title Page
        Page i
    Members of the House of Representatives
        Page ii
        Page iii
    June 1978
        Wednesday, June 7
            Page 1
            Page 2
        Thursday, June 8
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
            Page 18
            Page 19
            Page 20
            Page 21
            Page 22
            Page 23
            Page 24
            Page 25
            Page 26
            Page 27
            Page 28
    Index
        Contents
            Page 29
        Members of the House with Bills Sponsored
            Page 30
            Page 31
        Bills, Resolutions, and Memorials Sponsored by Committees
            Page 32
        Miscellaneous Subjects
            Page 32
        Vetoed Bills
            Page 32
        Subject Index of House and Senate Bills, Resolutions, and Memorials
            Page 33
            Page 34
        House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition
            Page 35
        Senate Bills, Resolutions, and Memorials (Received in House) by Number, Subject, Sponsor, and Disposition
            Page 35
Full Text


Journa



I



of the

House of Representatives



Special



Session



of the



Fifth Legislature
[under the Constitution as Revised in 1968]
JUNE 7 through JUNE 8, 1978



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



I







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
















Thje Jourial OF THE
Wouse of &Ipreseqitatives




SPECIAL SESSION



Wednesday, June 7, 1978


Beginning of a Special Session of the Fifth Legislature under the Constitution as Revised in 1968, con-
vened by Proclamation of the Governor and held at the Capitol in the City of Tallahassee in the State of
Florida, on Wednesday, June 7, 1978.



The House was called to order at 11:00 a.m. by The Honor-
able Donald L. Tucker, Speaker, pursuant to the following
proclamation, which was read by the Clerk, Dr. Allen Morris:

PROCLAMATION

State of Florida
Executive Department
Tallahassee

TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:

WHEREAS, it is vital to the interest of the State of Florida
that the Legislature immediately consider and adopt legislation
for the protection of the State's lands, and
WHEREAS, it is my belief that it is in the best interest
of the citizens of this State that a Special Session be called
to accomplish this important purpose;
NOW, THEREFORE, I, REUBIN O'D. ASKEW, as Governor,
by virtue of the authority vested in me by Article III, Section
3c(1) of the Constitution of Florida (1968), do hereby convene
the Legislature in Special Session at the Capital, Tallahassee,
Florida, for three days beginning at 11:00 a.m., Wednesday,
June 7, 1978 and ending at 11:56 p.m., Friday, June 9, 1978.



This call is for the sole and exclusive purpose of adopting
legislation for the protection of the State's lands.
IN WITNESS WHEREOF, I have
hereunto set my hand and caused
the Great Seal of the State of Flor-
ida to be affixed at Tallahassee, the
Capital, this 2nd day of June 1978.
REUBIN O'D. ASKEW
Governor



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
Crady
Craig
Crawford



Crenshaw
Culbreath
Danson
Davis
Dixon
Dyer
Easley
Eckhart
Evans
Ewing
Fechtel
Fontana



Forbes
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grizzle
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
Maxvwell
lMci-.nald
McPherson
Melvin
Mica
Mixson



Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Poindexter
Poole
Ready
Redman
Richard
Richmond



Excused: Representatives Fulford, Hodes,
Representative Nelson, due to illness.



Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young



and McKnight;



Explanation of Absence
Upon the advice of a physician that my wife will deliver
her baby during the week of June 5, 1978, I felt it important
to be with her during this time.
Representative Robert W. McKnight

A quorum was present.

Prayer
Prayer by Representative William J. Rish:
Our Father, we ask that this day, in the hearts and minds
of each of us, we would strive to have the strength and
courage of Samson; to have the l:.o-ledge of Solomon; to
have the wisdom of Solomon and, Lord, that we might
show the love and compassion of Jesus. Amen.



Pledge
The Members pledged allegiance to the Flag.



The Journal
The Journal of June 2 was approved, as corrected.

Appointment of Select Committee
The Speaker appointed the following Members as a Select
Committee on Sovereignty Lands: Representative Samuel P.
Bell III, Chairman; Representatives Steve Pajcic, Ronald R.
Richmond, William E. Sadowski, and James G. Ward.

On motion by Mr. Craig, the rules were waived and the
select committee was clothed with all powers of a standing
committee, including the consideration and reporting of bills.
1









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Introduction and Reference

By Representatives Richmond, Kiser, and Sheldon-
HB 1-D-A bill to be entitled An act relating to the Florida
Evidence Code; amending section 23 of House Bill 2207, 1978
Regular Session; revising the effective date of said bill; pro-
viding an effective date.
-Introduction deferred.

By Representative Bell-
HB 2-D-A bill to be entitled An act relating to limitations
of actions; adding a subsection to s. 95.031, Florida Statutes,
exempting causes of action by the state for unauthorized uses
or invasions of state-owned lands from the statutes of limita-
tions; providing an effective date.
-was read the first time by title and referred to the Select
Committee on Sovereignty Lands.

By Representative Bell-
HB 3-D-A bill to be entitled An act relating to market-
able record titles; adding a subsection to s. 712.03, Florida
Statutes, exempting sovereign title rights to state lands
beneath navigable waters from marketable record title pro-
visions; providing an effective date.
-was read the first time by title and referred to the Select
Committee on Sovereignty Lands.



Presentation of Former Member
Representative Melvin presented The Honorable Gordon W.
Wells, former Member of the House from Escambia County.

Waiver of Rules for Committee Meeting
On motion by Mr. Bell, the rules were waived and the
Select Committee on Sovereignty Lands was given permission
to meet upon adjournment of the House today to consider HB's
2-D and 3-D.


Reports of Select Committee

The Select Committee on Sovereignty Lands recommends the
following pass: HB 2-D
The bill was placed on the calendar.

The Select Committee on Sovereignty Lands recommends
a committee substitute for the following: HB 3-D

The bill with committee substitute was placed on the calendar.


Adjournment

On motion by Mr. Craig, the House adjourned at 11:13 a.m.
to reconvene at 9:00 a.m. tomorrow.



June 7, 1978



2















wslo 0 0OF THE
ClT~e Journal OF TH


'louse of Jpresertatives



SPECIAL SESSION



Thursday, June 8, 1978



The House was called to order by the Speaker at 9:00 a.m.

The following Members were recorded present:



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



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



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



Excused: Representatives Fulford, McKnight, Redman; Repre-
sentative Richard, due to illness; Representative Lehman, due
to illness in the family; Representative Pajcic at 12:43 p.m.
for the remainder of the day.

A quorum was present.

Prayer
Prayer by Representative Robert C. Hector:
Dear Lord, our Heavenly Father, we ask Thy special
blessing on those gathered here today. Give us the strength
to do Thy work and the courage to vote our convictions.
We are all brothers under the skin. We all know that there
is but one law, and that is the Golden Rule: "Do unto
others as you would have them do unto you." All other
laws merely supplement this law in an effort to make us
live together more harmoniously.
Would my fellow Members in the House and friends in
the gallery join me in repeating the Lord's Prayer:
Our Father, Who art in Heaven
Hallowed be Thy name
Thy kingdom come, Thy will be done
On earth as it is in Heaven.
Give us this day our daily bread
And forgive us our trespasses
As we forgive those who trespass against us.



Lead us not into temptation, but deliver us from evil
For Thine is the kingdom, the power, and the glory
Forever and ever. Amen.



The Journal
The Journal of June 7 was approved.

Communications
The following proclamation was read:

PROCLAMATION

State of Florida
Executive Department
Tallahassee

TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 2nd day of June, 1978, a Proclamation
of the Governor was issued convening a special session of the
Florida Legislature commencing on the 7th day of June, 1978,
and,
WHEREAS, it is necessary and in the best interest of the
State to amend the Proclamation of the Governor of June 2,
1978, in order to expand the call of the special session so that
the Legislature may consider the additional legislative business
set forth below.
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
Article III, Section 3c(1) of the Constitution of Florida (1968),
do hereby proclaim as follows:

Section 1.
That the Legislature is convened for the sole and exclusive
purpose of considering legislation relating to:
(1) Protection of the State's lands.
(2) Items in the General Appropriations Act which are
contingent upon the passage of additional legislation.
(3) Creation of a 5-member appointive Public Service
Commission.
(4) Amendments to the state sales and gasoline taxes
under Chapters 206 and 212, Florida Statutes, and the
municipal public service tax under Chapter 166, Florida
Statutes.
(5) Placing a consumer on professional and occupational
boards.
(6) State comprehensive planning and coastal zone man-
agement.
(7) Workmen's compensation.
(8) Amendments to the Florida Evidence Code.



3



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









JOURNAL OF THE HOUSE OF REPRESENTATIVES



(9) Amendments to Chapter 400 relating to nursing
homes and related facilities.

Section 2.
Except as amended by this Proclamation, the Proclamation
of the Governor dated June 2, 1978, is ratified and con-
firmed.

STHIN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida
to be affixed at Tallahassee, the Capi-
tal, this 8th day of June, 1978
REUBIN O'D. ASKEW
Governor
ATTEST:
BRUCE A. SMATHERS
Secretary of State

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-



SB 3-D



SB 7-D



-and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Barron and others-
SB 3-D-A bill to be entitled An act relating to workmen's
compensation; amending s. 440.02(1) (b), (2) (d) and (9), Florida
Statutes, changing the definition of employment, excluding cer-
tain volunteers from the definition of "employee", and changing
the definition of disability, under the Workmen's Compensa-
tion Law; adding a new subsection (2) to s. 440.10, Florida Stat-
utes, providing duties of subcontractors with respect to securing
payment of compensation; amending s. 440.11(1), Florida Stat-
utes; extending the exclusiveness of liability to fellow employees
with certain exceptions; amending s. 440.12(1) and (2), Florida
Statutes, relating to compensation payments; amending s. 440.-
13(1) and (3), Florida Statutes, relating to injured employees'
remedial treatment, care, and attendance; modifying procedure
with respect to furnishing same; including treatment or service
at hospitals and other health care providers under certain fee
provisions; creating an advisory committee to aid in adoption of
schedules of charges; empowering the Division of Labor of the
Department of Commerce to conduct certain investigations rela-
tive thereto; amending s. 440.15(3) (u), (10) (c) and (11), Flor-
ida Statutes, relating to compensation for disability; restricting
consideration of diminution of wage-earning capacity with re-
spect to claims; providing for authorization to release unemploy-
ment compensation information; amending s. 440.185(2), (4)
and (9), Florida Statutes, decreasing time period for reporting
knowledge of injury or death; requiring the division to notify an
injured employee of his rights; amending s. 440.20(5), (7) and
(10), Florida Statutes, providing additional penalties for late
payment; authorizing the judge of industrial claims to examine
lump sum payments in excess of benefits allowable under the
law; authorizing lump sum settlements without a hearing under
certain circumstances; amending s. 440.25(3), Florida Statutes,
specifying limitations on and considerations of judges of indus-
trial claims conducting hearings on awards for diminution of
wage-earning capacity; limiting the extent of an award for dis-
ability; requiring reports; amending s. 440.29(3), Florida Stat-
utes, modifying provisions relating to practice and procedure
before the Industrial Relations Commission and judges of in-
dustrial claims; amending s. 440.34(1) and (3), Florida Statutes;
providing for determination of attorney's fees by judges of in-
dustrial claims; specifying that a portion of the attorney's fees
are payable by employer or carrier under certain circumstances;
limiting attorney's fees subsequent to a written offer of set-
tlement; amending s. 440.37, Florida Statutes, specifying fraud-
ulent activities and penalties therefore; adding a new subsection
to s. 440.38, Florida Statutes, relating to security for compensa-
tion, providing for certain medical benefits policies; creating



s. 440.442, Florida Statutes, providing that commissioners and
judges of industrial claims shall follow the Code of Judicial
Conduct; amending s. 440.45(1), Florida Statutes; providing in-
itial procedure for appointment of judges of industrial claims;
amending s. 440.49(4) (g), Florida Statutes, and adding new
subsection (2) thereto, relating to rehabilitation of injured em-
ployees and certain uses of the Special Disability Trust Fund;
amending s. 440.57, Florida Statutes, modifying provisions re-
lating to pooling, by employers, of liabilities; creating s. 440.59,
Florida Statutes, providing for a quarterly risk management re-
port; amending s. 443.12(7), Florida Statutes; providing cir-
cumstances for the release of unemployment compensation rec-
ords; creating s. 624.433, Florida Statutes; requiring workmen's
compensation insurers to submit certain reports; specifying con-
tents; providing for rate review; amending s. 627.091(1), Flor-
ida Statutes, and adding a subsection, providing for deductible
provisions in manuals of classifications, rules, and rates; creat-
ing s. 627.092, Florida Statutes, providing for a Workmen's
Compensation Administrator; amending s. 627.101(1), Florida
Statutes, relating to rate filings; providing for a joint legisla-
tive study committee; requiring reports; providing an appropri-
ation; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Senator Vogt-
SB 7-D-A bill to be entitled An act relating to the Florida
Public Service Commission; creating s. 350.001, Florida Stat-
utes; providing legislative intent; amending s. 350.01, Florida
Statutes; providing for appointment of Public Service Com-
missioners; increasing the number of commissioners to five;
providing for the filling of vacancies; providing for the re-
tention of commissioners serving current terms until comple-
tion of their terms; providing 4-year terms for commissioners
and providing for 6-year terms if authorized by a constitu-
tional amendment; providing for filing of a declaration of in-
tention to seek an additional term of office; providing for
selection of a commission chairman and his terms and duties;
providing procedures to expedite and assign commission pro-
ceedings; creating s. 350.031, Florida Statutes; establishing the
Florida Public Service Commission Nominating Council; pro-
viding for member appointments and filling of vacancies; pro-
viding for restriction of membership of persons having certain
interests; providing for council duties and responsibilities;
requiring meetings of the council to be open and subject to the
Sunshine Law; providing for reimbursement of expenses to
council members; imposing restrictions on commissioners and
employees of the commission after termination of service or
employment; providing an effective date.
-was read the first time by title and placed on the Cal-
endar without reference.

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed- SB 4-D SB 6-D
-and requests the concurrence of the House.
Joe Brown, Secretary

By Senators Hair, Lewis, Barron, W. D. Childers, Gallen,
Dunn, Plante, Ware and Vogt--
SB 4-D-A bill to be entitled An act relating to marketable
record titles to real property; adding s. 712.03(7), Florida
Statutes; providing an exception to marketability for sov-
ereignty lands; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Senators Hair, Lewis, Barron, W. D. Childers, Gallen,
Dunn, Plante, Ware and Vogt-
SB 6-D-A bill to be entitled An act relating to state lands;
creating the State Lands Study Committee; prescribing the
membership and duties of such committee; providing an ap-
propriation; providing an effective date.



-was read the first time by title and placed on the Cal-
endar without reference.



4



June 8, 1978









JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed, as amended-SB 5-D
--and requests the concurrence of the House.
Joe Brown, Secretary

By Senators Hair, Lewis, Barron, W. D. Childers, Gallen,
Dunn, Plante, Ware and Vogt-
SB 5-D-A bill to be entitled An act relating to limitations
of civil actions; adding s. 95.031(3), Florida Statutes; pro-
viding for the computation of time for the period of limitations
for causes of action involving sovereignty lands; providing an
effective date.
-was read the first time by title and placed on the Calendar
without reference.

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 1-D



SB 2-D



-and requests the concurrence of the House.
Joe Brown, Secretary

By Senator W. D. Childers-
SB 1-D--A bill to be entitled An act relating to the tax on
sales, use and other transactions; amending s. 212.08(5) and
(7) (a), (c), Florida Statutes, and adding paragraphs (1) and (m)
to subsection (7) and adding subsection (12) to said section;
relating to sales and use tax; providing that machinery and
equipment for use in new manufacturing plants or operations
shall be exempt from such tax; providing that machinery or
equipment purchased for use in expanding plants or operations
shall be exempt from any amount of such tax in excess of $100,-
000; providing for refunds of tax 30 days after acceptance by the
Department of Revenue; providing that certain industries shall
not be eligible for exemption; providing definitions; providing
that personal property sold or leased to state headquarters of
veteran organizations shall be exempt from such tax; providing
that sales of flyable aircraft by manufacturers to certain pur-
chasers shall be taxable at the rate equal to the sales tax rate of
the state in which such aircraft will be domiciled subsequent to
its purchase; providing exemptions; providing a penalty; provid-
ing that the dealer collection allowance concerning such sales
shall be 10 percent; providing that the sale or lease of aircraft
to an air carrier regulated by the Public Service Commission
shall be exempt from such tax; providing that boiler fuels
including wood products used in the manufacturing process shall
be exempt from such tax; adding s. 206.87(4) (g), Florida Stat-
utes; providing an exemption for the sale or use of certain fuels;
amending s. 166.231, Florida Statutes, relating to levy of public
service tax by municipalities; exempting the value of the first
50 kilowatt hours of electricity per month for residential use
from such tax beginning October 1, 1978; requiring the passing
of the exemption to each individual tenant; providing for re-
placement of municipality tax loss to cities; creating s. 166.232,
Florida Statutes, allowing the levy of public service tax by mu-
nicipalities on certain services at a uniform rate rather than on
a percentage basis; providing, under the uniform rate option, a
procedure to be used by municipalities in shifting their tax rate
structures; amending s. 220.62(1), Florida Statutes; redefining
the term "bank" for the purposes of part VII of the Code to in-
clude certain international banking associations, corporations,
or other similar organizations; requiring a final report; pro-
viding an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Senator Vogt-
SB 2-D-A bill to be entitled An act relating to land use
management; adding s. 23.0112(5), Florida Statutes; defining
the state comprehensive plan as the goals, objectives, and
policies contained in the plan; amending s. 23.0114, Florida
Statutes; providing for the preparation and revision of the



plan; amending s. 23.013, Florida Statutes; providing that
specific goals, objectives, and policies contained in the plan
may only be implemented or enforced through specific acts
of the Legislature; providing that nothing in the plan or re-
visions thereto will have the force and effect of law except
as specifically authorized by law; providing Legislative intent;
repealing s. 2, chapter 77-306, Laws of Florida, relating to
the effective date of the plan; repealing s. 23.018, Florida
Statutes, relating to the authority of the Department of Ad-
ministration to establish a schedule for adoption of certain
plans; creating the Florida Coastal Management Act of 1978;
directing the Department of Environmental Regulation to sub-
mit an application for federal funds pursuant to Section 306
of the Federal Coastal Zone Management Act of 1972; re-
'stricting the program application to existing state law;
designating the Department of Environmental Regulation as the
lead agency and providing for certain powers and duties;
providing for federal consistency review; providing for local
government eligibility for technical and financial assistance;
providing an express rejection of certain previously submitted
plans; providing severability; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

Consideration of Bills
HB 2-D was taken up. On motion by Mr. Bell, SB 5-D, a
similar or companion measure, was substituted therefore.

On motion by Mr. Bell, the rules were waived and-
SB 5-D-A bill to be entitled An act relating to limitations
of civil actions; adding s. 95.031(3), Florida Statutes; pro-
viding for the computation of time for the period of limitations
for causes of action involving sovereignty lands; providing
an effective date.
-was read the second time by title.

Representative Langley offered the following amendment:
Amendment 1-On page 1, line 25, insert new Section 2:
This act shall not affect any pending litigation.
Renumber subsequent section.
Mr. Langley moved the adoption of the amendment.

Mr. Pajcie moved to lay the amendment on the table.
Pending consideration thereof, without objection, the amendment
was withdrawn.

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

Yeas-107



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



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



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



June 8, 1978



5









6

Nays-3
Crady



JOURNAL OF THE HOUSI



Langley



Neal



Votes after roll call:
Yeas-Nelson, Papy
So the bill passed and was immediately certified to the
Senate.

Under Rule 7.11, HB 2-D was laid on the table.

By the Select Committee on Sovereignty Lands and Repre-
sentative Bell-
CS for HB 3-D-A bill to be entitled An act relating to
marketable record titles; adding a subsection to s. 712.03,
Florida Statutes, exempting sovereign title rights to state lands
beneath navigable waters from marketable record title pro-
visions; providing an effective date.
-was read the first time by title and HB 3-D was laid on the
table. Mr. Bell moved that SB 4-D, a similar or companion
measure, be substituted for CS for HB 3-D, which was agreed
to. The vote was:



Yeas-82
The Chair
Adams
Andrews
Barrett
Batchelor
Becker
Bell
Black
Bloom
Boyd
Brown
Burnsed
Carlton
Cassens
Cherry
Conway
Cox
Craig
Crawford
Culbreath
Danson

Nays-23
Blackburn
Burrall
Crady
Crenshaw
Evans
Fechtel



Davis
Dixon
Dyer
Eckhart
Ewing
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hawkins
Hazelton
Hazouri
Healey



Gallagher
Grizzle
Hollingsworth
James
Langley
Lewis, T.



Hector
Hieber
Hill
Hodes
Hodges
Hutto
Jones
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Margolis
Martin
Melvin
Mixson
Moore, R.
Moore, T.



Maxwell
McCall
McDonald
Neal
Patchett
Poole



Morgan
Nuckolls
Ogden
O'Malley
Pajcic
Patterson
Poindexter
Ready
Richmond
Rish
Robinson
Ryals
Sadowski
Sheldon
Steinberg
Thompson
Ward
Warner
Young



Sample
Smith
Taylor
Williams
Woodruff



Votes after roll call:
Yeas-Nelson

Mr. Blackburn raised the point of order that the Senate
bill should not be considered because copies of the bill were
not available. The Speaker ruled the point not well taken
because the House had voted to take up the bill.

On motion by Mr. Bell, the rules were waived and-
SB 4-D-A bill to be entitled An act relating to marketable
record titles to real property; adding s. 712.03(7), Florida
Statutes; providing an exception to marketability for sover-
eignty lands; providing an effective date.
-was read the second time by title.

Representative Langley offered the following amendment:
Amendment 1-On page 1, between lines 16 and 17, insert:
Section 2. The provisions of s. 712.03(7), Florida Statutes,
shall not operate retrospectively to any lands which are not



3 OF REPRESENTATIVES June 8, 1978

presently beneath navigable waters and which have been spe-
cifically conveyed by the State of Florida.
Renumber subsequent section
Mr. Langley moved the adoption of the amendment. On
motion by Mr. Pajcic, the amendment was laid on the table.
The vote was:

Yeas-59



The Chair
Adams
Andrews
Batchelor
Becker
Bell
Black
Bloom
Brown
Burnsed
Carlton
Cherry
Conway
Cox
Crawford

Nays-48
Allen
Barrett
Blackburn
Burrall
Cassens
Crady
Craig
Crenshaw
Culbreath
Danson
Easley
Evans
Votes after



Davis
Dixon
Dyer
Eckhart
Fontana
Fortune
Fox
Frank
Girardeau
Gordon
Gustafson
Hagler
Hazelton
Hazouri
Healey



Ewing
Fechtel
Foster
Grizzle
Haben
Hawkins
Hieber
Hodes
Hodges
Hollingsworth
Hutto
James
roll call:



Hector
Hill
Jones
Kershaw
Kiser
Kutun
Lockward
Malloy
Margolis
Martin
Melvin
Moffitt
Moore, T.
Morgan
Nelson


Jennings
Kirkwood
Langley
Lewis, J. W.
Lewis, T.
Maxwell
McCall
McDonald
McPherson
Mica
Mixson
Moore, R.



Yeas-Mann
Mr. Fortune moved the previous question
was agreed to.



Ogden
Pajcic
Poindexter
Ready
Richmond
Ryals
Sadowski
Sheldon
Smith
Steinberg
Thompson
Ward
Warner
Young



Neal
Nuckolls
O'Malley
Patchett
Patterson
Poole
Rish
Robinson
Sample
Taylor
Williams
Woodruff



on the bill, which



On motion by Mr. Bell, the rules were waived and SB 4-D
was read the third time by title. On passage, the vote was:

Yeas-79



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

Nays-33
Barrett
Blackburn
Burrall
Crady
Crenshaw
Easley
Evans
Grizzle
Haben



Danson
Davis
Dixon
Dyer
Eckhart
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Hagler
Hazelton
Hazouri



Hattaway
Hawkins
Hieber
Hodges
Hollingsworth
James
Jennings
Kirkwood
Langley



Healey
Hector
Hill
Hodes
Hutto
Jon-s
Kershaw
Kiser
Kutun
Lockward
Malloy
Mann
Margolis
Martin
Melvin
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan


Lewis, J. W.
Lewis, T.
Maxwell
McCall
McDonald
McPherson
Mica
Neal
Nelson



Nuckolls
Ogden
O'Malley
Pajcic
Patterson
Poindexter
Ready
Richmond
Rish
Robinson
Ryals
Sadowski
Sheldon
Smith
Steinberg
Thompson
Ward
Warner
Young



Patchett
Poole
Sample
Taylor
Williams
Woodruff









JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

Under Rule 7.11, CS for HB 3-D was laid on the table.

Explanation of Vote on SB 4-D
I voted no on SB 4-D because I am concerned that the lan-
guage contained in this piece of legislation could place a cloud
on property titles of home owners that own homes built on
dredged and filled property.
Representative John W. Lewis

SB 1-D-A bill to be entitled An act relating to the tax on
sales, use and other transactions; amending s. 212.08(5) and
(7) (a), (c), Florida Statutes, and adding paragraphs (1) and
(m) to subsection (7) and adding subsection (12) to said sec-
tion; relating to sales and use tax; providing that machinery
and equipment for use in new manufacturing plants or oper-
ations shall be exempt from such tax; providing that machinery
or equipment purchased for use in expanding plants or oper-
ations shall be exempt from any amount of such tax in excess
of $100,000; providing for refunds of tax 30 days after ac-
ceptance by the Department of Revenue; providing that certain
industries shall not be eligible for exemption; providing defini-
tions; providing that personal property sold or leased to state
headquarters of veteran organizations shall be exempt from
such tax; providing that sales of flyable aircraft by manu-
facturers to certain purchasers shall be taxable at the rate
equal to the sales tax rate of the state in which such aircraft
will be domiciled subsequent to its purchase; providing exemp-
tions; providing a penalty; providing that the dealer collection
allowance concerning such sales shall be 10 percent; providing
that the sale or lease of aircraft to an air carrier regulated
by the Public Service Commission shall be exempt from such
tax; providing that boiler fuels including wood products used
in the manufacturing process shall be exempt from such
tax; adding s. 206.87(4) (g), Florida Statutes; providing an
exemption for the sale or use of certain fuels; amending s.
166.231, Florida Statutes, relating to levy of public service
tax by municipalities; exempting the value of the first 50
kilowatt hours of electricity per month for residential use from
such tax beginning October 1, 1978; requiring the passing of
the exemption to each individual tenant; providing for replace-
ment of municipality tax loss to cities; creating s. 166.232,
Florida Statutes, allowing the levy of public service tax by
municipalities on certain services at a uniform rate rather
than on a percentage basis; providing, under the uniform rate
option, a procedure to be used by municipalities in shifting their
tax rate structures; amending s. 220.62(1), Florida Statutes;
redefining the term "bank" for the purposes of part VII of
the Code to include certain international banking associations,
corporations, or other similar organizations; requiring a final
report; providing an effective date.
-was taken up. On motion by Mr. Boyd, the rules were
waived and SB 1-D was read the second time by title.

Representative Batchelor offered the following amendment:
Amendment 1-On page 9, line 31, after the period insert:
The exemption contained in this subsection shall be increased
from 50 kilowatts to 100 kilowatts beginning October 1, 1979.
Mr. Batchelor moved the adoption of the amendment. On
motion by Mr. Pajcic, the amendment was laid on the table.
The vote was:

Yeas-62



The Chair
Allen
Andrews
Barrett
Bell
Blackburn
Bloom
Brown



Burnsed
Carlton
Cassens
Cherry
Considine
Conway
Cox
Craig



Crawford
Culbreath
Dixon
Eckhart
Fontana
Fortune
Foster
Frank



Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway
Hawkins



Hazelton
Healey
Hector
Hutto
Jones
Kershaw
Kiser
Kutun

Nays-44
Adams
Batchelor
Becker
Black
Burrall
Crady
Crenshaw
Danson
Davis
Easley
Evans



Lewis, J. W.
Lewis, T.
Lockward
Martin
Maxwell
McPherson
Melvin
Mixson


Ewing
Fechtel
Fox
Gallagher
Grizzle
Hazouri
Hieber
Hodges
Hollingsworth
Jennings
Kirkwood



Moffitt
Morgan
Pajcic
Patterson
Poindexter
Ready
Richmond
Robinson


Langley
Mann
Margolis
McCall
McDonald
Mica
Moore, R.
Moore, T.
Neal
Nelson
Nuckolls



Ryals
Sadowski
Sheldon
Taylor
Thompson
Ward



Ogden
O'Malley
Patchett
Poole
Rish
Sample
Smith
Steinberg
Warner
Woodruff
Young



Votes after roll call:
Yeas to Nays-Kutun, J. W. Lewis, Cox

Representatives Fechtel and Patchett offered the following
amendment:
Amendment 2-On page 3, line 26, and on page 4, line 5,
after the word "Industrial" insert the words: or agricultural
Mr. Fechtel moved the adoption of the amendment. On motion
by Mr. Fortune, the amendment was laid on the table.

On motion by Mr. Boyd, the rules were waived and SB 1-D
was read the third time by title.

Mr. Martin moved the previous question on the bill, which
was agreed to. The question recurred on the passage of SB 1-D.
The vote was:

Yeas-77



The Chair
Allen
Barrett
Batchelor
Bell
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Considine
Conway
Crady
Craig
Crawford
Crenshaw
Culbreath
Dixon

Nays-34
Adams
Andrews
Becker
Black
Cassens
Cherry
Cox
Danson
Davis



Evans
Ewing
Fontana
Fortune
Foster
Gallagher
Girardeau
Haben
Hagler
Hawkins
Hazelton
Hazouri
Healey
Hector
Hill
Hodges
Hollingsworth
Hutto
James
Jennings



Dyer
Easley
Fox
Frank
Gersten
Gordon
Grizzle
Gustafson
Hattaway



Jones
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Martin
Maxwell
McDonald
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Morgan
Neal
Nelson
Nuckolls



Hieber
Hodes
Langley
Lockward
Mann
Margolis
McCall
Moore, T.
Ogden



O'Malley
Pajcic
Patchett
Patterson
Poindexter
Poole
Ready
Richmond
Rish
Robinson
Sample
Sheldon
Taylor
Thompson
Ward
Williams
Young



Papy
Ryals
Sadowski
Smith
Steinberg
Warner
Woodruff



Votes after roll call:
Yeas-Fechtel
Yeas to Nays-Young
Nays to Yeas-Hattaway



June 8, 1978



7









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Abstained from Voting
I withheld my vote on SB 1-D due to ownership of stock
in Air Florida Systems which would be financially benefited
by passage of SB 1-D. This position shall apply to all related
amendments.
Representative James F. Eckhart
So the bill passed and was immediately certified to the
Senate.

SB 7-D-A bill to be entitled An act relating to the Florida
Public Service Commission; creating s. 350.001, Florida Stat-
utes; providing legislative intent; amending s. 350.01, Florida
Statutes; providing for appointment of Public Service Com-
missioners; increasing the number of commissioners to five;
providing for the filling of vacancies; providing for the reten-
tion of commissioners serving current terms until completion
of their terms; providing 4-year terms for commissioners and
providing for 6-year terms if authorized by a constitutional
amendment; providing for filing of a declaration of intention
to seek an additional term of office; providing for selection
of a commission chairman and his terms and duties; providing
procedures to expedite and assign commission proceedings;
creating s. 350.031, Florida Statutes; establishing the Florida
Public Service Commission Nominating Council; providing for
member appointments and filling of vacancies; providing for
restriction of membership of persons having certain interests;
providing for council duties and responsibilities; requiring meet-
ings of the council to be open and subject to the Sunshine Law;
providing for reimbursement of expenses to council members;
imposing restrictions on commissioners and employees of the
commission after termination of service or employment; pro-
viding an effective date.
-was taken up. On motion by Mr. Pajcic, the rules were
waived and SB 7-D was read the second time by title.

Representatives Poole, Considine, Burrall, Steinberg, Becker,
Craig and Evans offered the following amendment:
Amendment 1-On page 2, line 6, strike all after the enacting
clause and insert: Section 1. Section 350.01, Florida Statutes,
is amended to read:
(Substantial rewording of section. See s. 850.01, F.S., for
present text.)
350.01 Florida Public Service Commission.-

(1) Effective January 3, 1979, the Florida Public Service
Commission shall consist of five commissioners.

(2) Each commissioner serving on the effective date of
this act shall be permitted to remain in office until the com-
pletion of his current term.
(3) Four commissioners shall be elected at the general elec-
tion to be held in November 1978. The two seats of the com-
missioners serving on the effective date of this act whose
terms expire in January 1979 shall be filled at that election, and
subsequently, for 4-year terms. Two additional commissioners
shall be elected at that election for a 2.-year term, and their
successors shall be elected for 4-year terms thereafter. The
terms of these four commissioners shall begin on January 3,
1979.

(4) The seat of the commissioner serving on the effective
date of this act whose term expires in January 1981 shall
be filled by election at the general election held in November
1980 for a 4-year term and for 4-year terms thereafter.
Section 2. This act shall become law upon approval by the
electorate in the general election of November 1978.
Mr. Poole moved the adoption of the amendment. Mr. Martin
moved to lay the amendment on the table. Pending consideration
thereof-

The absence of a quorum was suggested. A quorum of 114
Members was present.



Yeas-61
The Chair
Andrews
Batchelor
Bell
Black
Bloom
Boyd
Brown
Carlton
Conway
Crawford
Culbreath
Dixon
Dyer
Eckhart
Fontana

Nays-54
Adams
Allen
Barrett
Becker
Blackburn
Burnsed
Burrall
Cassens
Cherry
Considine
Cox
Crady
Craig
Crenshaw



Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway
Hazouri
Healey
Hector
Hill



Danson
Davis
Easley
Evans
Ewing
Fechtel
Forbes
Grizzle
Hawkins
Hazelton
Hieber
Hodges
Hollingsworth
James



Hodes
Hutto
Jones
Kershaw
Kutun
Lockward
Malloy
Mann
Martin
McPherson
Melvin
Mixson
Moffitt
Morgan
Neal
Ogden


Jennings
Kirkwood
Kiser
Langley
Lewis, J. W.
Lewis, T.
Margolis
Maxwell
McCall
McDonald
Mica
Moore, R.
Moore, T.
Nelson



O'Malley
Pajcic
Patterson
Poindexter
Ready
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Thompson
Ward



Nuckolls
Papy
Patchett
Poole
Richmond
Rish
Steinberg
Taylor
Warner
Williams
Woodruff
Young



Votes after roll call:
Yeas to Nays-Gallagher, Sample

Representative Becker offered the following amendment:
Amendment 2-On page 8, line 31, strike "July 1, 1978" and
insert: January 21, 1979

Mr. Becker moved the adoption of the amendment. On motion
by Mr. Martin, the amendment was laid on the table. The vote
was:

Yeas-60



The Chair
Allen
Andrews
Batchelor
Bell
Black
Bloom
Boyd
Brown
Carlton
Conway
Cox
Crawford
Culbreath
Davis

Nays-52
Adams
Barrett
Becker
Blackburn
Burnsed
Burrall
Cassens
Cherry
Considine
Crady
Craig
Crenshaw
Danson



Dixon
Dyer
Eckhart
Fontana
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway



Easley
Evans
Ewing
Fechtel
Forbes
Gallagher
Grizzle
Hawkins
Hazelton
Hieber
Hodges
Hollingsworth
Hutto



Hazouri
Healey
Hodes
Kershaw
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Martin
McPherson
Melvin
Mixson
Moffitt
Morgan


James
Jennings
Jones
Kirkwood
Kiser
Langley
Lewis, T.
Margolis
Maxwell
McCall
McDonald
Mica
Moore, R.



Neal
Ogden
O'Malley
Pajcic
Patterson
Poindexter
Ready
Robinson
Ryals
Sadowski
Sheldon
Smith
Thompson
Ward
Young


Moore, T.
Nuckolls
Papy
Patchett
Poole
Richmond
Rish
Sample
Steinberg
Taylor
Warner
Williams
Woodruff



The question recurred on the motion to lay Amendment 1 on
the table, which was agreed to. The vote was:



Votes after roll call:
Yeas-Nelson



June 8, 1978



8









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Martin moved the previous question
was agreed to. The vote was:

Yeas-58



The Chair
Andrews
Batchelor
Bell
Black
Bloom
Boyd
Brown
Burnsed
Carlton
Conway
Crawford
Culbreath
Davis
Dixon

Nays-54
Adams
Allen
Barrett
Becker
Blackburn
Burrall
Cassens
Cherry
Considine
Cox
Crady
Craig
Crenshaw
Danson



Dyer
Eckhart
Fontana
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway
Hazouri



Easley
Evans
Ewing
Fechtel
Forbes
Gallagher
Grizzle
Hawkins
Hazelton
Hieber
Hodges
Hollingsworth
Hutto
James



Healey
Hodes
Jones
Kershaw
Kutun
Lewis, J. W.
Malloy
Mann
Martin
McCall
McPherson
Melvin
Moffitt
Morgan
Neal


Jennings
Kirkwood
Kiser
Langley
Lewis, T.
Lockward
Margolis
Maxwell
McDonald
Mica
Mixson
Moore, R.
Moore, T.
Nuckolls



on the bill, which



Ogden
O'Malley
Pajcic
Patterson
Poindexter
Ready
Robinson
Ryals
Sadowski
Sheldon
Smith
Thompson
Ward



Papy
Patchett
Poole
Richmond
Rish
Sample
Steinberg
Taylor
Warner
Williams
Woodruff
Young



Votes after roll call:
Nays-Nelson

Explanation of Vote on Motion for the Previous Question
When the previous question was moved on SB 7-D we had the
following amendment on the table:
"This act shall take effect only upon approval by the electorate
in the general election of 1978 of Article IV, Section 10, the
appointed Public Service Commission as passed by the Consti-
tution Revision Commission of 1978."
We believe this amendment was needed since if the people
reject the appointive Public Service Commission concept in No-
vember they should not have to have an appointed one. The Leg-
islature should not take away the people's right to vote for
their elected officials particularly when the question is already
on the ballot.
Representative Paul Steinberg
Representative A. H. (Gus) Craig

Mr. Pajcic moved that the rules be waived and SB 7-D be
read the third time by title, which was agreed to. The vote was:

Yeas-78



The Chair
Andrews
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Carlton
Cassens
Conway
Cox
Crawford
Crenshaw
Culbreath
Davis
Dixon
Dyer



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



Hector
Hodes
James
Jennings
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T.
Lockward
Malloy
Mann
Martin
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.



Morgan
Neal
Nuckolls
Ogden
O'Malley
Pajcic
Patterson
Poindexter
Ready
Richmond
Robinson
Ryals
Sadowski
Sheldon
Smith
Thompson
Ward
Young



Nays-35
Adams
Allen
Barrett
Burnsed
Burrall
Cherry
Considine
Crady
Craig



Danson
Easley
Evans
Ewing
Fechtel
Hieber
Hodges
Hollingsworth
Hutto



Jones
Langley
Maxwell
McCall
McDonald
Moore, T.
Nelson
Papy
Patchett



Poole
Rish
Sample
Steinberg
Taylor
Warner
Williams
Woodruff



Votes after roll call:
Yeas-Hill
SB 7-D was read the third time by title. On passage the vote
was:



Yeas-62
The Chair
Andrews
Batchelor
Bell
Black
Bloom
Boyd
Brown
Carlton
Cherry
Conway
Crawford
Culbreath
Davis
Dixon
Dyer

Nays-51
Adams
Allen
Barrett
Becker
Blackburn
Burnsed
Burrall
Cassens
Considine
Cox
Crady
Craig
Crenshaw



Eckhart
Fontana
Fortune
Foster
Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway
Hazouri
Healey
Hector



Danson
Easley
Evans
Ewing
Fechtel
Forbes
Gallagher
Grizzle
Hawkins
Hazelton
Hieber
Hodges
Hollingsworth



Hill
Hodes
Hutto
Kershaw
Kutun
Lockward
Malloy
Mann
Martin
McPherson
Melvin
Mixson
Moffitt
Moore, T.
Morgan
Neal



James
Jennings
Kirkwood
Kiser
Langley
Lewis, T.
Margolis
Maxwell
McCall
McDonald
Mica
Moore, R.
Nelson



Ogden
O'Malley
Pajcic
Patterson
Poindexter
Ready
Robinson
Ryals
Sadowski
Sheldon
Smith
Thompson
Ward
Young



Nuckolls
Papy
Patchett
Poole
Richmond
Rish
Sample
Steinberg
Taylor
Warner
Williams
Woodruff



Pair Votes

I am paired with Representative McKnight. If he were present,
he would vote Yea and I would vote Nay on the passage of SB
7-D.

Representative C. Fred Jones

I am paired with Representative Lehman. If he were present,
he would vote Yea and I would vote Nay on the passage of SB
7-D.
Representative John W. Lewis
So the bill passed and was immediately certified to the Senate.

Mr. Moffitt moved to reconsider the vote by which SB 7-D
passed. On motion by Mr. Bell, the motion to reconsider was
laid on the table.

Explanations of Votes on SB 7-D

I strongly support elections by the people of all public officials.
Elections make officials responsive and accountable. However,
the Florida Public Service Commission has not been responsive.
The setting of utility rates has been detrimental to public in-
terest. Therefore, a change in the selection of members to the
Commission may prove helpful until the people make the choice
on the Constitution Revision ballot in November. Hence, I voted
for SB 7-D to determine if any of the problems of utility rates



9



June 8, 1978









10 JOURNAL OF THE HOUSE

are resolved. This is an issue that affects every person in the
State of Florida.
Representative Gwendolyn Cherry
We strongly support election of public officials who exercise
their trust relationship with regard to policy decisions. How-
ever, the Public Service Commission is a quasi-judicial body and
it exists for the sole purposes of rate-making, license granting
and enforcement of the Florida Legislature's policy decisions.
We unequivocally oppose the proposed Constitutional Amend-
ment which would, if passed, provide in our Constitution that
Public Service Commissioners be appointed and only by addi-
tional and subsequent Constitutional Amendment can they be
elected by the people again.
Therefore, providing by general law the opportunity to try
an appointed commission is in the best interests of the people
of Florida.
Representative Barry Kutun
Representative A. M. (Tony) Fontana

A number of my constituents have called to indicate their
concern about losing the right to elect members of the Florida
Public Service Commission. I, too, treasure the elective process
and am pledged to preserve it wherever possible. I would there-
fore like to note for the record that my request for information
on this issue to Dade County's Consumer Advocate, Mr. Walter
Dartland, did produce the following: 38 state Public Service
Commissions are now appointed and those Commissions which
are generally thought to be most responsive to consumers and
most progressive are all appointed bodies.
Additionally, since my constituents have indicated general and
specific dissatisfaction with our Public Service Commission's
structure and activities over recent years each time they have
observed rate request proceedings, it was my conclusion that
my constituents positively do not want to preserve the Commis-
sion's status quo. However the Constitutional Revision Commis-
sion's recommendation to place an appointed P.S.C. into the
Constitution is, in my opinion, an inappropriate over-reaction,
and would not produce a truly changed Commission until 1982
and the expiration of terms begun in 1978.
SB 7 provides the people of Florida with the opportunity to
try an appointed Commission and see how it works for us. It
works well in very many other states and removes the campaign
support relationship of those who seek office as regulators to
those who are being regulated. Within the next four years we
will surely be able to ascertain the value of an appointed PSC
and have ample opportunity to re-address the issue if necessary.
Representative Elaine Bloom

SB 6-D-A bill to be entitled An act relating to state lands;
creating the State Lands Study Committee; prescribing the
membership and duties of such committee; providing an appro-
priation; providing an effective date.
-was taken up. On motion by Mr. Bell, the rules were waived
and SB 6-D was read the second time by title.

Representative Richmond offered the following amendment:
Amendment 1-On page 1, line 11, strike subsection 1, and
all of Section 2 on page 2 and insert: (1) The President of the
Senate and the Speaker of the House of Representatives shall
each appoint three members of their respective bodies to serve
as a Joint Select Committee on State Lands empowered and
clothed with all the powers and duties of other joint committees.
Mr. Richmond moved the adoption of the amendment. Pend-
ing consideration thereof-

Mr. Blackburn moved to lay the amendment on the table,
which was not agreed to.

The question recurred on the adoption of Amendment 1, which
was adopted.



Representative Richmond offered the following amendment:
Amendment 2-On pages 1 and 2, lines 23 and 3 respectively,
strike "State Lands Study"



iE



On motion by Mr. Bell,
as amended, was read the
vote was:



Yeas-114
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
Nays-None



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



the rules were waived and SB 6-D,
third time by title. On passage, the



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



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



So the bill passed, as amended, and was immediately certi-
fied to the Senate after engrossment.

By Representatives Craig, Mann, Hawkins, Nuckolls, Barrett,
Frank, Sheldon, Eckhart, Sadowski, Crawford, Allen, Jones,
Burnsed, Dixon, Girardeau, Smith, Hazouri, J. W. Lewis, Crady,
Williams, Lockward, Black, Healey, Culbreath, Considine, Hec-
tor, Poole, Becker, Steinberg, Cherry, Gordon, Fox, Fontana,
Margolis, Kutun, Kershaw, Hill, Dyer, Cox, Gustafson, Warner,
Young, Adams, O'Malley, McPherson, Boyd, Bloom, Hodges,
Forbes, Mica, Jennings, Carlton, Kirkwood, McDonald, Fortune,
Sample, Gersten, and R. Moore-
HB 7-D-A bill to be entitled An act relating to the Florida
Cemetery Act; amending s. 559.33(6), Florida Statutes; pro-
viding standards for the granting of a license to operate a
cemetery; amending s. 559.37(6) (a), and (c) and (7)(b), Flor-
ida Statutes, and adding a paragraph to subsection (7) thereof;
providing circumstances for the revocation or suspension of a
license; authorizing a circuit court to appoint an adminis-
trator for the property and operation of a cemetery; creating ss.
559.371-559.374, Florida Statutes; providing circumstances under
which the Department of Banking and Finance may issue a
cease and desist order to a cemetery company; providing for
award of attorney's fees and costs in certain litigation; pro-
viding for the personal liability of cemetery owners or officers
or directors of a cemetery company; providing for injunctions
and civil penalties against a person who violates a cease and
desist order; providing for maintenance of an abandoned ceme-
tery by a political subdivision, county, or municipality; creating
s. 559.405, Florida Statutes; prescribing authorized functions
of a licensed cemetery company; amending s. 559.41, Florida
Statutes; limiting the authority of a cemetery company to



- ---



OF REPRESENTATIVES June 8, 1978

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

Representative Richmond offered the following title amend-
ment:
Amendment 3-On page 1, line 3, strike "State Lands Study
Committee" and on line 5 strike "providing an appropriation"
and insert "Joint Select Committee on State Lands" on line 3
Mr. Richmond moved the adoption of the amendment, which
was adopted.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



deposit care and maintenance trust funds in a bank or savings
and loan association; amending s. 559.43(1), Florida Statutes;
requiring the deposit of a certain amount into such fund for
each burial right, grave, or space provided without charge;
amending s. 559.441(3) (b) and (d), (5) (a) and (b), (7), (8),
(10), and (11), Florida Statutes; authorizing the maintenance
of such fund as a trust account in a bank, trust company, or
savings and loan association; providing circumstances for re-
fund of moneys from such fund or account to a purchaser or
his heirs, assigns, or representative; requiring the filing of
financial reports relating to such fund or account; providing
for the examination by the department of certain records held
by the entity in which such account is maintained; deleting a
penalty; amending s. 559.481(1), Florida Statutes; requiring
a licensee to record certain notice; amending s. 559.51, Florida
Statutes; prohibiting the failure to make required contribu-
tions to a trust fund or account, the unlawful withdrawal of
funds from such fund or account, the making of certain false
reports, and the violation of any provision of the act; pro-
viding penalties; repealing ss. 559.49 and 559.50, Florida Stat-
utes, relating to the bond required of a licensee; providing leg-
islative intent; providing an effective date.

On motion by Mr. Craig, agreed to by the required Consti-
tutional two-thirds vote, HB 7-D was admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call.

The bill was read the first time by title. On motion by Mr.
Craig, the rules were waived and HB 7-D was read the second
time by title.

Representative Culbreath offered the following amendment:
Amendment 1-On page 11, between lines 20 and 21, insert:
(7) If an installment contract or promissory note for the
purchase of a pre-need burial space or pre-need burial mer-
chandise is sold or discounted to a third party the entire amount
due the care and maintenance trust fund or the merchandise
trust fund shall be payable no later than 5 days following the
close of the calendar month in which the contract was sold or
discounted, unless reserves held by the purchaser of the install-
ment contract or promissory note are equal to or greater than
the amount due to the care and maintenance or merchandise
trust fund.
Mr. Culbreath moved the adoption of the amendment, which
was adopted.

Representative Culbreath offered the following amendment:
Amendment 2-On page 10, line 19, strike colon and insert:
, and subsection (7) of section 559.43, Florida Statutes, is
created to read:
Mr. Culbreath moved the adoption of the amendment, which
was adopted.

Representative Culbreath offered the following title amend-
ment:
Amendment 3-On page 2, line 3, after the semicolon in-
sert: creating s. 559.43(7), Florida Statutes, providing for pay-
ment to the care and maintenance trust fund and merchandise
trust fund when a contract or promissory note is sold or dis-
counted to a third party;
Mr. Culbreath moved the adoption of the amendment, which
was adopted.

On motion by Mr. Craig, the rules were waived and HB
7-D, as amended, was read the third time by title. On passage,
the vote was:

Yeas-107



The Chair
Adams
Allen
Andrews
Barrett
Batchelor



Becker
Bell
Black
Blackburn
Bloom
Boyd



Brown
Burrall
Carlton
Cassens
Cherry
Considine



Conway
Cox
Craig
Crawford
Crenshaw
Culbreath



Danson
Dixon
Dyer
Easley
Eckhart
Evans
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler

Nays-5
Burnsed
Crady



Hattaway
Hawkins
Hazelton
Hazouri
Healey.
Hector
Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Kutun
Langley
Lewis, J. W.
Lewis, T.
Lockward



Davis



Malloy
Mann
Margolis
Martin
Maxwell
McCall
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls
Ogden
O'Malley
Papy
Patchett



Hodes



Patterson
Poindexter
Poole
Ready
Richmond
Rish "
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Williams
Woodruff
Young



Pajcic



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

By Representatives Forbes and Williams-
HB 4-D-A bill to be entitled An act relating to county
boundaries; amending s. 7.10, Florida Statutes, amending
the legal description of Clay County to include certain lands
which were inadvertently left off the legal description in
the 1976 revision of boundaries; providing an effective date.

On motion by Mr. Craig, agreed to by the required Con-
stitutional two-thirds vote, HB 4-D was admitted for intro-
duction, the Speaker having ruled that the measure was out-
side the purview of the Governor's call.

The bill was read the first time by title. On motions by
Mr. Williams, the rules were waived and HB 4-D was read
the second time by title and the third time by title. On
passage, the vote was:

Yeas-106



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

Nays-3
Davis
So the
Senate.



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



Hazouri



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



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



Smith



bill passed and was immediately certified to the



June 8, 1978



11









JOURNAL OF THE HOUSE OF REPRESENTATIVES



June 8, 1978



By Representatives Moffitt and Kiser-
HB 11-D-A bill to be entitled An act relating to eminent
domain; amending s. 74.011, Florida Statutes, adding regional
water supply authorities and lawfully constituted port or avia-
tion authorities to those entities authorized by law to take
possession and title in advance of final judgment in eminent
domain actions; providing an effective date.

On motion by Mr. Moffitt, agreed to by the required Con-
stitutional two-thirds vote, HB 11-D was admitted for intro-
duction, the Speaker having ruled that the measure was
outside the purview of the Governor's call.

The bill was read the first time by title. On motions by Mr.
Moffitt, the rules were waived and HB 11-D was read the
second time by title and the third time by title. On passage,
the vote was:

Yeas-96



The Chair
Allen
Barrett
Batchelor
Becker
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burrall
Cassens
Cherry
Conway
Cox
Crady
Crawford
Crenshaw
Danson
Davis
Dixon
Dyer
Easley



Nays-10
Craig
Culbreath
Fechtel
So the bill
Senate.



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



Haben
Hodges
Hollingsworth



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



Langley
Neal
Patchett



Moore, T.
Morgan
Nelson
Nuckolls
O'Malley
Pajcic
Papy
Poindexter
Poole
Ready
Richmond
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Steinberg
Thompson
Ward
Warner
Woodruff
Young


Patterson



passed and was immediately certified to the



By Representatives Richmond and Brown-
HB 16-D-A bill to be entitled An act relating to the Florida
Evidence Code; amending section 8 of chapter 76-237, Laws of
Florida, as amended, and section 23 of House Bill 2207, 1978
Regular Session; revising the effective date of the code and of
said act; providing an effective date.
-was read the first time by title. On motion by Mr. Rich-
mond, the rules were waived and HB 16-D was read the second
time by title.

Representatives Sheldon, Brown, and Richmond offered the
following amendment:
Amendment 1-On page 1, strike all of line 15 and insert:
Section 8. This act shall take effect Jaeaey 47a -1-9- July 1,
1979.
Mr. Richmond moved the adoption of the amendment, which
was adopted.

Representatives Sheldon, Brown, and Richmond offered the
following amendment:
Amendment 2-On page 1, strike all of line 18 and insert:
Section 23. This act shall take effect Janery 47 m Oy July
1, 1979,



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

On motion by Mr. Richmond, the rules were waived and
HB 16-D, as amended, was read the third time by title.
On passage, the vote was:

Yeas-83



The Chair
Allen
Andrews
Barrett
Batchelor
Bell
Black
Blackburn
Bloom
Boyd
Brown
Burnsed
Burrall
Carlton
Cassens
Cherry
Considine
Conway
Crady
Craig
Crawford

Nays-24
Adams
Becker
Cox
Danson
Davis
Fontana



Crenshaw
Culbreath
Dixon
Dyer
Easley
Eckhart
Evans
Ewing
Fechtel
Forbes
Fortune
Foster
Fox
Girardeau
Grizzle
Haben
Hagler
Hawkins
Hazouri
Hector
Hill


Frank
Gallagher
Gordon
Gustafson
Healey
Hieber



Hodges
Hollingsworth
Hutto
Jennings
Jones
Kirkwood
Kiser
Kutun
Malloy
Mann
Margolis
Martin
Maxwell
McDonald
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Morgan



James
Langley
Lockward
Moore, T.
Patchett
Patterson



Neal
Nelson
Nuckolls
O'Malley
Pajcic
Papy
Poole
Ready
Redman
Richmond
Rish
Ryals
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Williams
Woodruff



Poindexter
Robinson
Sadowski
Sample
Warner
Young



Votes after roll call:
Yeas-J. W. Lewis, Hazelton, T. Lewis, Gersten
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

SB 2-D-A bill to be entitled An act relating to land use
management; adding s. 23.0112(5), Florida Statutes; defin-
ing the state comprehensive plan as the goals, objectives, and
policies contained in the plan; amending s. 23.0114, Florida
Statutes; providing for the preparation and revision of the
plan; amending s. 23.013, Florida Statutes; providing that
specific goals, objectives, and policies contained in the plan may
only be implemented or enforced through specific acts of the
Legislature; providing that nothing in the plan or revisions
thereto will have the force and effect of law except as spe-
cifically authorized by law; providing Legislative intent; re-
pealing s. 2, chapter 77-306, Laws of Florida, relating to the
effective date of the plan; repealing s. 23.018, Florida Stat-
utes, relating to the authority of the Department of Admin-
istration to establish a schedule for adoption of certain plans;
creating the Florida Coastal Management Act of 1978; directing
the Department of Environmental Regulation to submit an
application for federal funds pursuant to Section 306 of the
Federal Coastal Zone Management Act of 1972; restricting
the program application to existing state law; designating the
Department of Environmental Regulation as the lead agency
and providing for certain powers and duties; providing for
federal consistency review; providing for local government
eligibility for technical and financial assistance; providing
an express rejection of certain previously submitted plans;
providing severability; providing an effective date.

-was taken up. On motions by Mr. Pajcic, the rules were
waived and SB 2-D 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
Becker
Bell
Black



Blackburn
Bloom
Boyd
Brown



Burnsed
Burrall
Carlton
Cassens



12








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Cherry
Considine
Conway
Cox
Craig
Crawford
Crenshaw
Culbreath
Danson
Davis
Dixon
Dyer
Easley
Eckhart
Evans
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster

Nays-10
Andrews
Crady
Hodges



Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hawkins
Hazouri
Healey
Hector
Hieber
Hill
Hodes
Hutto
James
Jennings
Jones



Hollingsworth
Langley
Martin



Kershaw
Kirkwood
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Margolis
Maxwell
McDonald
McPherson
Melvin
Mica
Mixson
Moffitt
Moore, R.
Moore, T.
Morgan
Neal
Nelson
Nuckolls


McCall
Patchett
Richmond



Votes after roll call:
Yeas-Hazelton, T. Lewis
So the bill passed and was immediately
Senate.



Ogden
O'Malley
Pajcic
Papy
Patterson
Poindexter
Poole
Ready
Rish
Robinson
.Sadowski
Sample
Sheldon
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Woodruff
Young


Williams



certified to the



By Representative Sheldon-
HB 14-D-A bill to be entitled An act relating to nursing
homes; adding subsection (3) to s. 400.19, Florida Statutes,
providing for certain hearings to be held within nursing home
facilities; amending s. 400.23(3) and (4), Florida Statutes;
providing for evaluation of nursing home facilities; provid-
ing three rating categories; removing provision requiring
inclusion of a facility's rating in advertising; removing pro-
visions requiring that the level of state vendor payments to
facilities be based on ratings received; amending s. 400.307(2)
(e), Florida Statutes, and adding paragraph (f) thereto, au-
thorizing district nursing home ombudsman committees to
enter nursing homes, with or without prior notice, for certain
purposes; authorizing said committees to review Medicaid
patients' personal property and money accounts; providing an
effective date.
-was read the first time by title. On motion by Mr. Sheldon,
the rules were waived and HB 14-D was read the second time
by title. Without objection, further consideration of HB 14-D
was temporarily deferred.

SB 3-D-A bill to be entitled An act relating to workmen's
compensation; amending s. 440.02(1) (b), (2) (d) and (9), Florida
Statutes, changing the definition of employment, excluding cer-
tain volunteers from the definition of "employee", and changing
the definition of disability, under the Workmen's Compensa-
tion Law; adding a new subsection (2) to s. 440.10, Florida
Statutes, providing duties of subcontractors with respect to se-
curing payment of compensation; amending s. 440.11(1), Florida
Statutes; extending the exclusiveness of liability to fellow em-
ployees with certain exceptions; amending s. 440.12(1) and (2),
Florida Statutes, relating to compensation payments; amending
s. 440.13(1) and (3), Florida Statutes, relating to injured em-
ployees' remedial treatment, care, and attendance; modifying
procedure with respect to furnishing same; including treatment
or service at hospitals and other health care providers under
certain fee provisions; creating an advisory committee to aid
in adoption of schedules of charges; empowering the Division of
Labor of the Department of Commerce to conduct certain investi-
gations relative thereto; amending s. 440.15(3) (u), (10) (c) and
(11), Florida Statutes, relating to compensation for disability;
restricting consideration of diminution of wage-earning capac-
ity with respect to claims; providing for authorization to release
unemployment compensation information; amending s. 440.185
(2), (4) and (9), Florida Statutes, decreasing time period for re-
porting knowledge of injury or death; requiring the division to
notify an injured employee of his rights; amending s. 440.20(5),
(7) and (10), Florida Statutes, providing additional penalties for
late payment; authorizing the judge of industrial claims to ex-



amine lump sum payments in excess of benefits allowable un-
der the law; authorizing lump sum settlements without a hearing
under certain circumstances; amending s. 440.25(3), Florida
Statutes, specifying limitations on and considerations of judges
of industrial claims conducting hearings on awards for diminu-
tion of wage-earning capacity; limiting the extent of an award
for disability; requiring reports; amending s. 440.29(3), Florida
Statutes, modifying provisions relating to practice and pro-
cedure before the Industrial Relations Commission and judges
of industrial claims; amending s. 440.34(1) and (3), Florida
Statutes; providing for determination of attorney's fees by
judges of industrial claims; specifying that a portion of the at-
torney's fees are payable by employer or carrier under certain
circumstances; limiting attorney's fees subsequent to a written
offer of settlement; amending s. 440.37, Florida Statutes, speci-
fying fraudulent activities and penalties therefore; adding a new
subsection to s. 440.38, Florida Statutes, relating to security for
compensation, providing for certain medical benefits policies;
creating s. 440.442, Florida Statutes, providing that commission-
ers and judges of industrial claims shall follow the Code of Ju-
dicial Conduct; amending s. 440.45(1), Florida Statutes; provid-
ing initial procedure for appointment of judges of industrial
claims; amending s. 440.49(4) (g), Florida Statutes, and adding
new subsection (2) thereto, relating to rehabilitation of injured
employees and certain uses of the Special Disability Trust Fund;
amending s. 440.57, Florida Statutes, modifying provisions relat-
ing to pooling, by employers, of liabilities; creating s. 440.59,
Florida Statutes, providing for a quarterly risk management re-
port; amending s. 443.12(7), Florida Statutes; providing cir-
cumstances for the release of unemployment compensation rec-
ords; creating s. 624.433, Florida Statutes; requiring workmen's
compensation insurers to submit certain reports; specifying con-
tents; providing for rate review; amending s. 627.091(1), Flor-
ida Statutes, and adding a subsection, providing for deductible
provisions in manuals of classifications, rules, and rates; cre-
ating s. 627.092, Florida Statutes, providing for a Workmen's
Compensation Administrator; amending s. 627.101(1), Florida
Statutes, relating to rate filings; providing for a joint legisla-
tive study committee; requiring reports; providing an appro-
priation; providing an effective date.
-was taken up. On motion by Mr. Forbes, the rules were
waived and SB 3-D was read the second time by title.

Representatives Moffitt and O'Malley offered the following
amendment:
Amendment 1-Strike everything after the enacting clause
and insert: Section 1. Paragraph (b) of subsection (1), and
paragraph (d) of subsection (2) of section 440.02, Florida Stat-
utes, are amended to read:
440.02 Definitions.-When used in this chapter, unless the
context clearly requires otherwise, the following terms shall
have the following meanings:
(1) "Employment."
(b) The term "employment" shall include:
1. Employment by the state and all political subdivisions
thereof and all public and quasi-public corporations therein,
including officers elected at the polls.
2. All private employment in which three eoe or more
employees are employed by the same employer.
(2) "Employee."
(d) The term "employee" shall not include:
1. An independent contractor, including an individual who
agrees in writing to perform services for a person or corpora-
tion without supervision or control as a real estate salesman
or agent, if such service by such individual for such person
or corporation is performed for remuneration solely by way
of commission; e*
2. A person whose employment is both casual and not in
the course of the trade, business, profession, or occupation of
the employer; or,
3. A volunteer who falls into one of the following categories:



a. Volunteers who serve in private nonprofit agencies and
who receive no compensation other than expenses in an amount
less than or equivalent to the standard mileage and per diem
expenses provided to salaried employees in the same agency,



13



June 8, 1978








14 JOURNAL OF THE HOUSE]

b. Volunteers participating in federal programs established
pursuant to Public Law 93-113.
Section 2. Subsection (1) of section 440.11, Florida Statutes,
is amended to read:
440.11 Exclusiveness of liability.-
(1) The liability of an employer prescribed in s. 440.10 shall
be exclusive and in place of all other liability of such employer
to any third party tortfeasor and to the employee, the legal
representative thereof, husband or wife, parents, dependents,
next of kin, and anyone otherwise entitled to recover damages
from such employer at law or in admiralty on account of such
injury or death, except that if an employer fails to secure pay-
ment of compensation as required by this chapter, an injured
employee, or the legal representative thereof in case death
results from the injury, may elect to claim compensation under
this chapter or to maintain an action at law or in admiralty
for damages on account of such injury or death. In such action
the defendant may not plead as a defense that the injury was
caused by negligence of a fellow servant, that the employee
assumed the risk of the employment, or that the injury was
due to the contributory negligence or comparative negligence
of the employee. The same immunities from liability enjoyed by
an employer shall extend as well to each employee of the
employer when such employee is acting in furtherance of the
employer's business and the injured employee is entitled to
receive benefits under this chapter. Such fellow-employee im-
munities shall not be applicable to an employee who acts, with
respect to a fellow employee, with willful and wanton disregard
or unprovoked physical aggression or with gross negligence
when such acts result in injury or death, or such acts proxi-
mately cause such injury or death, nor shall such immunities
be applicable to employees of the same employer when each is
operating in the furtherance of the employer's business but
they are assigned primarily to unrelated works within private
or public employment.
Section 3. Subsections (1) and (2) of section 440.12, Florida
Statutes, are amended to read:
440.12 Time for commencement and limits on weekly rate
of compensation.-
(1) No compensation shall be allowed for the first 7 days
of the disability, except benefits provided for in s. 440.13;
,provided, however, that if the injury results in disability of
more than 14 days compensation sh all be allowed from the
commencement of the disability. All weekly compensation pay-
ments, except for the first week, shall be paid by check.
S(2) Compensation for disability resulting from injuries
which occur after December 31, 1974, shall not be less than
$20 per week. However, if the employee's wages at the time of
injury are less than $20 per week, he shall receive his full
weekly wages. If his wages at the time of the injury exceed
$20 per week, compensation shall not exceed an amount per
week which is:
(a) Equal to sixty-six and two-thirds percent of the aver-
age weekly wage, determined as hereinafter provided for the
year in which the injury occurred and
(b) Adjusted to the nearest dollar multipe 4 $4.
For the purpose of this subsection the "average weekly wage"
means the average weekly wage paid by employers subject to
the Florida Unemployment Compensation Law as reported to
the department for the four calendar quarters ending each
June 30, which average weekly wage shall be determined by
the department on or before November 30 of each year and
shall be used in determining the maximum weekly compen-
sation rate with respect to injuries occurring in the calendar
year immediately following. The average weekly wage de-
termined by the department shall be reported annually to the
legislature.
Section 4. Subsections (1) and (3) of section 440.13, Flor-
ida Statutes, are amended to read:



440.13. Medical services and supplies; penalty for viola-
tions; limitations.-
(1) Subject to the limitations specified in paragraph (3) (b),
the employer shall furnish to the employee such remedial treat-
ment, care, and attendance under the direction and supervision
of a qualified physician or surgeon, or other recognized prac-



I



such excessive charges or required such treatment, hospitaliza-
tion, or visits, the hospital or medical practitioner shall not
receive payment under this chapter from a carrier, employer,
or employee for the excessive fees or unjustified treatment,
hospitalization, or visits and, furthermore, the hospital or medi-
cal practitioner shall be liable to return to the carrier or self-
insurer any such fees or charges already collected.
(d)4b. All rights for remedial attention under this section
shall be barred unless a claim therefore is filed with the divi-
sion within 2 years after the time of injury, except that if
payment of compensation has been made or remedial attention
has been furnished by the employer without an award on ac-
count of such injury a claim may be filed within 2 years after



a -W wwqqwvp-w." OWWA-%4lr"rr-4-lr



9 OF REPRESENTATIVES June 8, 1978

titioner, nurse, or hospital, and for such period as the nature
of the injury or the process of recovery may require, includ-
ing medicines, crutches, artificial members, and other appa-
ratus. If the employer fails to provide the same after request
by the injured employee, such injured employee may do so at the
expense of the employer, the reasonableness and the necessity
to be approved by a judge of industrial claims. The employee
shall not be entitled to recover any amount personally expended
for such treatment or service unless such employee shall
have requested the employer to furnish the same and the em-
ployer shall have failed, refused, or neglected to do so, or unless
the nature of the injury required such treatment, nursing, and
services and the employer or the superintendent or foreman
thereof, having knowledge of such injury, shall have neglected
to provide the same; nor shall any claim for medical, surgical,
or other remedial treatment be valid and enforceable unless
within 10 days following the first treatment (except in cases
where first-aid only is rendered), and thereafter at such inter-
vals as the division by regulation may prescribe, the physician
or other recognized practitioner giving such treatment or treat-
ments furnishes to the division and to the employer, or to the
carrier if the employer is not self-insured, a report of such
injury and treatment on forms prescribed by the division, pro-
vided that a judge of industrial claims for good cause may
excuse the failure of the physician or other recognized prac-
titioner to furnish any report within the period prescribed and
may order the payment to such employee of such remuneration
for treatment or service rendered as the judge of industrial
claims finds equitable. Along with such reports, the physician
or other recognized practitioner shall furnish a sworn state-
ment that the treatment or services rendered were reasonable
and necessary with respect to the bodily injury sustained. Said
sworn statement shall read as follows: "Under penalty of per-
jury, I declare that I have read the foregoing, and the facts
alleged are true, to the best of my knowledge and belief and
that the treatment and services rendered were reasonable and
necessary with respect to the bodily injury sustained." All
medical reports obtained or received by the employer, the
carrier, or the injured employee, or the attorney for any of
them, with respect to the remedial treatment, care, and at-
tendance of the injured employee, including reports of every
examination, diagnosis, or disability evaluation, shall be filed
with the Bureau of Workmen's Compensation within 5 days
after receipt of same. A medical report not previously filed
with the bureau shall not be received in evidence in a con-
tested case unless the party offering same has furnished a
copy thereof to the opposing party or his attorney at least 5
days prior to the hearing at which it is offered. The physician
shall also furnish to the injured employee, or to his attorney,
on demand, a copy of each such report without charge to the
injured employee, except actual cost to the physician or hos-
pital furnishing same.
(3)(a) All fees and other charges for such treatment or
service, including treatment or service at any hospital or other
health care provider, shall be limited to such charges as prevail
in the same community for similar treatment of injured per-
sons of like standard of living, and shall be subject to regula-
tions by the division, which shall adopt schedules of charges
for such treatment or services.
(b) There is hereby created an advisory committee to aid
and assist the Department of Commerce in adopting schedules
of maximum charges for hospital treatment and services payable
through workmen's compensation benefits, to be appointed by
and serve at the pleasure of the Secretary of Commerce.
(c) The Division of Labor of the Department of Commerce
shall be empowered to investigate hospitals and medical prac-
titioners to determine if they are in compliance with the sched-
ule of charges adopted by the division or if they are requiring
unjustified treatment, hospitalization, or office visits. If the
division finds that the hospital or medical practitioner has made









JOURNAL OF THE HOUSE



the date of the last payment of compensation or within 2 years
after the date of the last remedial attention furnished by the
employer; and all rights for remedial attention under this sec-
tion pursuant to the terms of an award shall be barred unless
a further claim therefore is filed with the division within 2 years
after the entry of such award, except that if payment of com-
pensation has been made or remedial attention has been furn-
ished by the employer under the terms of the award a further
claim may be filed within 2 years after the date of the last
payment of compensation or within 2 years after the date of the
last remedial attention furnished by the employer.
Section 5. Paragraph (u) of subsection (3), paragraph (c)
of subsection (10), and subsection (11) of section 440.15, Flor-
ida Statutes, are amended to read:
440.15 Compensation for disability.--Compensation for dis-
ability shall be paid to the employee, subject to the limits pro-
vided in s. 440.12(2), as follows:
(3) PERMANENT PARTIAL DISABILITY.-In case of dis-
ability partial in character but permanent in quality, the com-
pensation shall, in addition to that provided by subsection (2),
be 60 percent of the average weekly wages, and shall be paid
to the employee as follows:
(u) Other cases: In all other cases in this class of disability
the compensation shall be:
1. 60 percent of the injured employee's average weekly
wage for such number of weeks as the injured employee's per-
centage of disability is of 175 894 weeks when the injured em-
ployee's percentage of disability is 10 percent or less;
2. 60 percent of the injured employee's average weekly wage
for such number of weeks as the injured employee's percentage
of disability is of 350 weeks when the injured employee's per-
centage of disability is. more than 10 percent but less than and
including 50 percent;
3. 60 percent of the injured employee's average weekly
wage for such number of weeks as the injured employee's
percentage of disability is of 525 weeks when the injured
employee's percentage of disability is more than 50 percent
but less than and including 99 percent.
proided. However, thet for the purpose of this paragraph
"disability" means either physical impairment or diminution of
wage-earning capacity, whichever is greater.
(10) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER
THIS CHAPTER AND FEDERAL OLD-AGE, SURVIVORS,
AND DISABILITY INSURANCE ACT.-
(c) No disability compensation benefits payable for any
week, including those benefits provided by paragraph (1)(e),
shall be reduced pursuant to this subsection until the Social
Security Administration determines the amount otherwise pay-
able to the employee under 42 U.S.C. s. 423 and s. 402 and the
employee has begun receiving such social security benefit pay-
ments. The employee shall, upon demand by the division,
the employer, or the carrier, authorize the Social Security
Administration to release disability information relating to
him, and authorize the Division of Employment Security to
release unemployment compensation information relating to
him, in accordance with rules to be promulgated by the division
prescribing the procedure and manner for requesting the
authorization and for compliance by the employee. Neither the
division nor the employer or carrier shall make any payment of
benefits for total disability or those additional benefits pro-
vided by paragraph (1)(e) for any period during which the
employee willfully fails or refuses to authorize the release of
information in the manner and within the time prescribed by
said rules. The authority for release of disability information
granted by an employee under this paragraph shall be effective
for a period not to exceed 12 months, such authority to be
renewable as the division may prescribe by rule.

(11) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER
THIS CHAPTER WHO HAS RECEIVED UNEMPLOYMENT
COMPENSATION.-Weekly compensation benefits payable



under this chapter for temporary total disability or permanent
total disability resulting from injuries to an employee who is
receiving or has received unemployment compensation under
chapter 443, or under the unemployment compensation law of
any other state, for any week with respect to which weekly
compensation benefits are payable under this chapter for



June 8, 1978



(7) In addition to any other penalties provided by this
chapter for late payment, if any installment of compensation
is not paid when it becomes due, the employer or carrier
shall pay interest thereon at the rate of 12 percent per annum
from the date the installment becomes due until it is paid,



OF REPRESENTATIVES 15

temporary total disability or permanent total disability, shall
be reduced by the amount of unemployment compensation re-
ceived.
Section 6. Subsections (2) and (9) of section 440.185, Flor-
ida Statutes, are amended to read:
440.185 Notice of injury or death; reports; penalties for
violations.-
(2) Within 7 44 days of actual knowledge of injury or
death, the employer shall report same to the carrier by letter
or on a form prescribed by the division, providing the follow-
ing information:
(a) The name, address, and business of the employer;
(b) The name, social security number, street, mailing ad-
dress, and occupation of the employee;
(c) The cause and nature of the injury or death;
(d) The year, month, day, and hour when, and the par-
ticular locality where, the injury or death occurred; and
(e) Such other information as the division may require.
(9) Any employer or carrier who fails or refuses to send
any form, report, or notice required by this section shall be
subject to a civil penalty not to exceed $100 for each such
failure or refusal. However, any employer who fails to notify
the carrier of the injury on the prescribed form or by letter
within the 7 4 days required in subsection (2) shall be liable
for the civil penalty, which shall be paid by the employer and
not the carrier. Failure by the employer to meet its obli-
gations under subsection (2) shall not relieve the carrier from
liability for the civil penalty if it fails to comply with subsec-
tions (4) and (5).
Section 7. Subsections (5), (7), and (10) of section 440.20,
Florida Statutes, are amended to read:
440.20 Payment of compensation.-
(5) If any installment of compensation payable without
an award is not paid within 14 days after it becomes due, as
provided in subsection (2), there shall be added to such
unpaid installment an amount equal to 20 44 percent thereof,
which shall be paid at the same time as, but in addition to,
such installment of compensation, unless notice is filed under
subsection (4), or unless such nonpayment results from con-
ditions over which the employer or carrier had no control.
When any installment of compensation payable without an
award has not been paid within 14 days after it became due
and the claimant concludes the prosecution of the claim before
a judge without having specifically claimed additional compen-
sation in the nature of a penalty under this section, he will be
deemed to have acknowledged that, owing to conditions over
which the employer or carrier had no control, such install-
ment could not be paid within the period prescribed for pay-
ment and to have waived his right to claim such penalty.
However, during the course of a hearing, the judge on his
own motion may raise the question of whether such penalty
should be awarded or excused. If no claim for such penalty is
presented and the judge does not raise the question on his
own motion during the hearing, no penalty will be awarded,
and it will be deemed that the judge has excused such delay
in payment of compensation pursuant to this section. The divi-
sion may assess without a hearing the above-mentioned 20 44
percent additional payment against either the employer or the
insurance carrier, depending upon who was at fault in causing
the delay. However, if any party requests a hearing within
20 days of the assessment, such hearing shall be conducted
before a judge of industrial claims in accordance with s.
440.25. The insurance policy cannot provide that this sum
will be paid by the carrier if the division or the judge of in-
dustrial claims determines that the 20 W percent additional
payment should be made by the employer rather than the
carrier. Any additional installment of compensation paid by
the carrier pursuant to this section shall be paid directly to
the employee.









16 JOURNAL OF THE HOUE

whether such installment is payable without an order or under
the terms of an order.
(a) Within 30 days after final payment of compensation
has been made, the employer shall send to the division a
notice, in accordance with a form prescribed by the division
stating that such final payment has been made, the total
amount of compensation paid, the name of the employee and of
any other person to whom compensation has been paid, the
date of the injury or death, and the date to which compensation
has been paid.
(b) If the employer fails to so notify the division within
such time the division may assess against such employer a
civil penalty in an amount not over $100.
(10) Upon the application of any party in interest and
after giving due consideration to the interests of all interested
parties, if a judge of industrial claims finds that it is for
the best interests of the person entitled to compensation, said
judge of industrial claims may enter a compensation order
requiring that the liability of the employer for compensation
shall be discharged by the payment of a lump sum equal
to the present value of all future payments of compensation,
computed at 4 percent true discount compounded annually,
or requiring that the employer make advance payment of a
part of the compensation for which said employer is liable
by the payment of a lump sum equal to the present value
of such part of the compensation computed at 4 percent true
discount compounded annually. Upon joint petition of all
interested parties and after giving due consideration to the
interests of all interested parties, if a judge of industrial
claims finds that it is for the best interests of the person
entitled to compensation, such judge of industrial claims may
enter a compensation order approving and authorizing the
discharge of the liability of the employer for both compen-
sation and remedial treatment, care, and attendance by the
payment of a lump sum equal to the present value of all
future payments for both compensation and remedial treat-
ment, care, and attendance; and a compensation order so
entered upon joint petition of all interested parties shall
not be subject to modification or review under s. 440.28.
Provided, however, that nothing in this subsection shall be
construed to mean that a judge of industrial claims is required
to approve any award for lump sum payment when it is
determined by the judge of industrial claims that the pay-
ment being made is in excess of the value of benefits the
claimant would be entitled to under this chapter. The judge
shall make or cause to be made such investigations as he
considers necessary, in each case in which the parties have
stipulated that a proposed final settlement of all liability of
the employer shall not be subject to modification or review
under s. 440.28, to determine whether such final disposition
"will definitely aid the rehabilitation of the injured worker
or otherwise is clearly for the best interests of the person
entitled to compensation, and in his discretion may have an
investigation made by the Rehabilitation Section of the Bureau
of Workmen's Compensation. The joint petition and the report
of any investigation so made will be deemed a part of the
proceeding. A judge, in his discretion, may hear testimony
relating to a proposed stipulation for settlement under this
subsection without having in hand the bureau file; however, he
shall in no event enter an order thereon without first having
reviewed the bureau file. When the claimant is reprepresented by
counsel or when the claimant and carrier or employer are
represented by counsel, final approval of the lump sum
settlement agreement, as provided for in a joint petition and
spatipulation, shall be approved by entry of an order within 7
days of the filing of such joint petition and stipulation
without a hearing unless the judge determines, at his dis-
cretion, that additional testimony is needed before such settle-
ment can be approved or disapproved and so notifies the
parties. The probability of the death of the injured employee
or other person entitled to compensation before the expira-
tion of the period during which such person is entitled to
compensation shall, in the absence of special circumstances
making such course improper, be determined in accordance with
the most recent United States Life Tables published by the
National Office of Vital Statistics of the United States De-



apartment of Health, Education, and Welfare. The probability
of the happening of any other contingency affecting the amount
or duration of the compensation, except the possibility of the
remarriage of a surviving spouse, shall be disregarded. As a
condition of approving a lump sum payment to a surviving
spouse, the judge of industrial claims in the judge's dis-
cretion may require security which will insure that, in the
event of the remarriage of such surviving spouse, any un-



3



6. Wages actually being earned by claimant after the
injury;
7. Claimant's ability to compete in the open labor market;
8. Claimant's continued employment in the same employ-
ment; or



E OF REPRESENTATIVES June 8, 1978

accrued future payments so paid may be recovered or recouped
by the employer or carrier. 'Such applications shall be considered
and determined in accordance with ss. 440.25 and 440.27 and
the workmen's compensation rules of procedure prescribed by
the commission and adopted by the Supreme Court.
Section 8. Subsection (3) of section 440.25, Florida Statutes,
is amended to read:
440.25 Procedure in respect to claims.-
(3) (a) The division or judge of industrial claims shall make
or cause to be made such investigations as it considers necessary
in respect to the claim and upon application of any interested
party the judge of industrial claims shall order a hearing there-
of; provided, however, no claim for diminution of wage-earning
capacity shall mature until 90 days after the employee has
reached maximum medical improvement. If a hearing on such
claim is ordered, the judge of industrial claims shall give the
claimant and other interested parties at least 15 days' notice
of such hearing served upon the claimant and other interested
parties by mail. All medical reports obtained by the carrier or
employer under this section shall be furnished free of charge
to the employee or the attorney thereof on demand.
(b) The hearing shall be held in the county where the injury
occurred, if the same occurred in this state, unless otherwise
agreed to between the parties and authorized by the judge of
industrial claims in the county where the injury occurred. If the
injury occurred without the state, and is one for which compen-
sation is payable under this chapter, then the hearing above
referred to may be held in the county of the employer's residence
or place of business, or in any other county of the state which
will at the time of forwarding the file for hearing, in the dis-
cretion of the division, be the most convenient for a hearing.
Subsequent to the forwarding of the file to such county, the
parties and the judge may agree to transfer such file to a county
that is deemed most convenient for a hearing. The hearing shall
be conducted by a judge of industrial claims, who shall within
30 days, unless otherwise agreed to by the parties, after such
hearing determine the dispute in a summary manner. At such
hearing the claimant and employer may each present evidence in
respect of such claim and may be represented by any attorney
authorized in writing for such purpose. When there is a con-
flict in the medical evidence submitted at the hearing the judge
of industrial claims may designate a disinterested doctor to
submit a report or to testify in the proceeding, after such
doctor has reviewed the medical reports and evidence, examined
the claimant, or otherwise made such investigation as appropri-
ate. The report or testimony of any doctor so designated by the
judge of industrial claims shall be made a part of the record of
the proceeding and shall be given the same consideration by the
judge of industrial claims as is accorded other medical evidence
submitted in the proceeding; and all costs incurred in connec-
tion with such examination and testimony may be assessed as
costs in the proceeding, subject to the provisions of s. 440.13-
(3) (a). No judge of industrial claims shall either make a find-
ing of, or award compensation for, a disability for physical
impairment that is greater than the greatest disability given
the claimant by any examining or treating physician, except
upon stipulation of the parties.
(c) The order making an award or rejecting the claim, re-
ferred to in this chapter as a compensation order, shall set
forth the findings of ultimate facts and the mandate, and the
order need not include any other reason or justification for
such mandated ad. However, in making an award for diminu-
tion of wage-earning capacity, the judge of industrial claims
shall consider and make written findings of fact in the order
on each of the following factors which are applicable to the
specific claim before him:
1. Extent of claimant's actual physical impairment;
2. Claimant's age;
3. Claimant's work history;
4. Education of claimant;
5. Inability to obtain work which claimant can perform in
his after-injury condition;









JOURNAL OF THE HOUSE]



9. Evidence of good faith work search.
The compensation order shall be filed in the office of the
division at Tallahassee. A copy of such compensation order
shall be sent by mail to the parties and attorneys of record at
the last known address of each, with the date of mailing noted
thereon.
(d) Each judge of industrial claims or the Industrial Rela-
tions Commission is required to submit a special report to the
Bureau of Workmen's Compensation in each contested work-
men's compensation case in which the case is not determined
within 30 days of final hearing oir within 180 days of filing
an application for review. Said form shall be provided by the
bureau and shall contain the name of the judge of industrial
claims, if the case is before a judge of industrial claims, the
attorneys involved, and a brief explanation by the judge of
industrial claims or the Industrial Relations Commissioner
as to the treason for such a delay in issuing a final order. The
Bureau of Workmen's Compensation shall compile these spe-
cial reports into an annual public report to the Governor, the
Secretary of Commerce, the Legislature, the Florida Bar, and
the Appellate District Judicial Nominating Commissions.
Section 9. Subsection (3) of section 440.29, Florida Stat-
utes, is amended to read:
440.29 Procedure before the commission or judges of in-
dustrial claims.-
(3) The practice and procedure before the commission and
the judges of industrial claims shall be governed by rules
adopted by the Supreme Court except to the extent that such
rules conflict with the provisions of this chapter.
Section 10. Subsection (1) of section 440.34, Florida Stat-
utes, is amended to read:
440.34 Attorney's fees; costs; penalty for violations.-
(1) If the employer or carrier shall file notice of contro-
versy as provided in s. 440.20, shall decline to pay a claim
on or before the 21st day after they have notice of same, or
shall otherwise resist unsuccessfully the payment of compen-
sation, and the claimant shall have employed an attorney at
law in the successful prosecution of the claim, there shall, in
addition to the award for compensation, be awarded a reason-
able attorney's fee of 25 percent of the first $5,000 of the
amount of the benefits secured, 20 percent of the next $5,000 of
the amount of the benefits secured, and 15 percent of the re-
maining amount of the benefits secured, to be approved by the
judge of industrial claims, which fee may be paid direct to
the attorney for the claimant in a lump sum. With respect to
attorney's fees on claims for benefits other than medical
benefits, 75 percent shall be paid by the employer or carrier
and 25 percent shall be paid by the claimant; however, the
employer or carrier shall pay all of the attorney's fee if
the claimant proves to the judge that the employer or carrier
handled his claim in a negligent, arbitrary, or capricious
manner. However, the judge of industrial claims shall con-
sider the following factors in each case and may increase or
decrease the attorney's fee if in his judgment the circum-
stances of the particular case warrant such action:
(a) The time and labor required, the novelty and difficulty
of the questions involved, and the skill requisite to perform the
legal service properly.
(b) The likelihood, if apparent to the claimant, that the
acceptance of the particular employment will preclude employ-
ment of the lawyer by others or cause antagonisms with other
clients.
(c) The fee customarily charged in the locality for similar
legal services.
(d) The amount involved in the controversy and the bene-
fits resulting to the claimant.
(e) The time limitation imposed by the claimant or the
circumstances.
(f) The nature and length of the professional relationship
with the claimant.



(g) The experience, reputation, and ability of the lawyer
or lawyers performing the services.
(h) The contingency or certainty of a fee.



June 8, 1978



this part is not being followed, shall be grounds for suspension
or revocation of the license to operate the hospital or the imposi-
tion of an administrative penalty of up to $5,000 by the licens-
ing agency as set forth in chapter 395.
(c) Any person damaged as a result of a violation of any
provision of this subsection where there has been a criminal ad-
judication of guilt shall have a cause of action to recover com-



E OF REPRESENTATIVES 17

Section 11. Section 440.37, Florida Statutes, is amended to
read:
440.37 Misrepresentation; fraudulent activities; penalties

(1) Any person who willfully makes any false or mis-
leading statement or representation for the purpose of ob-
taining or denying any benefit or payment under this chap-
ter sha be guilty a miemean e4 the iet degee pun-
isheble s pr-ve4ded in a f 02 0 7-2 F e -7-7-9.847:
(a) Who presents or causes to be presented any written
or oral statement as part of, or in support of, a claim for pay-
ment or other benefit pursuant to any provision of this chapter,
knowing that such statement contains any false or misleading
information concerning any fact or thing material to such
claim, or
(b) Who prepares or makes any written or oral statement
that is intended to be presented to any employer, insurance
company, or self-insured program in connection with, or in
support of, any claim for payment or other benefit pursuant
to any provision of this chapter, knowing that such statement
contains any false or misleading information concerning any
fact or thing material to such claim,
shall be guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(2) (a) All claims forms as provided for in this chapter
shall contain a notice that clearly states in substance the
following: "Any person who, knowingly and with intent to
injure, defraud, or deceive any employer or employee, insurance
company, or self-insured program, files a statement of claim
containing any false or misleading information is guilty of a
felony of the third degree."
(b)1. Any physician licensed under chapter 458, osteopath
licensed under chapter 459, chiropractor licensed under chapter
460, or any other practitioner licensed under the laws of this
state who knowingly and willfully assists, conspires with, or
urges any person to fraudulently violate any of the provisions
of this chapter, or any person who, due to such assistance, con-
spiracy, or urging by said physician, osteopath, chiropractor, or
practitioner, knowingly and willfully benefits from the proceeds
derived from the use of such fraud, is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. In the event that a physician, osteopath, chiropractor,
or other practitioner is adjudicated guilty of a violation of this
subparagraph, the State Board of Medical Examiners as set
forth in chapter 458, the State Board of Osteopathic Medical
Examiners as set forth in chapter 459, the Florida State Board
of Chiropractic Examiners as set forth in chapter 460, or other
appropriate licensing authority, whichever is appropriate, shall
hold an administrative hearing to consider the imposition of
administrative sanctions as provided by law against said physi-
cian, osteopath, chiropractor, or other practitioner.
2. Any attorney who knowingly and willfully assists, con-
spires with, or urges any claimant to fraudulently violate any
of the provisions of this chapter, or any person who, due to
such assistance, conspiracy, or urging on such attorney's part,
knowingly and willfully benefits from the proceeds derived from
the use of such fraud, is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. No person or governmental unit licensed under chapter
395 to maintain or operate a hospital, and no administrator or
employee of any such hospital, shall knowingly and willfully
allow the use of the facilities of such hospital by any person
in a scheme or conspiracy to fraudulently violate any of the
provisions of this chapter. Any hospital administrator or em-
ployee who violates this subparagraph is guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.-
083, or s. 775.084. Any adjudication of guilt for a violation of
this subparagraph, or the use of business practices demonstrat-
ing a pattern indicating that the spirit of the law set forth in









18 JOURNAL OF THE HOUSE

pensatory damages, plus all reasonable investigation and liti-
gation expenses, including attorney's fees at the trial and
appellate courts.
(d) For the purposes of this subsection, the term "state-
ment" includes, but is not limited to, any notice, statement, proof
of injury, bill for services, diagnosis, prescription, hospital or
doctor records, x-ray, test result, or other evidence of loss, in-
jury, or expense.
(e) The provisions of this subsection shall also apply with
respect to any employer, insurer, self-insurer, adjusting firm,
or agent or representative thereof who intentionally injures, de-
frauds, or deceives any claimant with regard to any claim. Such
claimant shall have the right to recover the damages provided
in this subsection.
(f) It is unlawful for any attorney or other person, in his
individual capacity or in his capacity as a public or private
employee, or for any firm, corporation, partnership, or associa-
tion to unlawfully solicit any business in and about city or
county hospitals, courts, or any public institution or public
place, in and about private hospitals or sanitariums, or in and
about any private institution, or upon private property of any
character whatsoever, for the purpose of making workmen's
compensation claims. Any person who violates the provisions
of this paragraph is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Whenever any circuit or special grievance committee acting
under the jurisdiction of the Supreme Court finds probable
cause to believe that an attorney is guilty of a violation of
this section, such committee shall forward to the appropriate
state attorney a copy of the findings of probable cause and a
copy of the report being filed in the matter.
Section 12. Subsection (5) of section 440.38, Florida Sta-
utes, is renumbered as subsection (6), and a new subsection (5)
is added to said section to read:
440.38 Security for compensation.-
(5) All insurance carriers authorized to write workmen's
compensation insurance in this state shall make available, at
the option of the employer, an insurance policy containing a co-
insurance provision which shall bind the carrier to pay 80 per-
cent, and the employer to pay 20 percent, of the medical ben-
efits due to an employee for an injury compensable under this
chapter, up to the amount of $5,000. One hundred percent of the
medical benefits above $5,000 due to an employee for one injury
shall be paid by the carrier. Regardless of any coinsurance or
deductible amount, the claim shall be paid by the applicable car-
rier, which shall then be reimbursed by the employer for any
coinsurance or deductible amounts paid by the carrier. The em-
ployer shall be liable for such reimbursement. No insurance car-
rier shall be required to offer coinsurance to any employer if, as
a result of a credit investigation, the carrier determines that the
employer is not sufficiently financially stable to be responsible
for payment of such coinsurance amounts.
Section 13. Section 440.442, Florida Statutes, is created to
read:
440.442 Code of Judicial Conduct.-Industrial Relations Com-
missioners and judges of industrial claims shall observe and
abide by the Code of Judicial Conduct adopted by the Supreme
Court of Florida as of the effective date of this act, as well as
all amendments thereto that are hereafter adopted by the court.
Any material violation of a canon of the Code of Judicial Con-
duct shall constitute either malfeasance or misfeasance in of-
fice and shall be grounds for suspension and removal of such
commissioner or judge pursuant to the provisions of sec. 7, Art.
IV of the State Constitution, and all general laws implementing
that provision.
Section 14. Subsection (1) of section 440.45, Florida Statutes,
is amended to read:
440.45 Judges of industrial claims.-



I



(1) The Governor shall appoint as many full-time judges of
industrial claims as may be necessary to effectually perform
the duties prescribed for them under this chapter. The Governor
shall initially appoint a judge from a list of at least three per-
sons nominated by the Appellate District Judicial Nominating
Commission for the appellate district in which the judge will
principally conduct hearings. No person shall be nominated or
appointed as a full-time judge of industrial claims who has
not had 3 years' experience in the practice of law in this state;



E OF REPRESENTATIVES June 8, 1978

and no judge of industrial claims during a term of office shall
engage in the private practice of law. The Governor may
appoint any former judge of industrial claims to serve as a
judge of industrial claims pro hac vice to complete the pro-
ceedings on any claim with respect to which the judge had
heard testimony and which remained pending at the time of
the expiration of the judge's term of office. However, no for-
mer judge of industrial claims shall be appointed to serve as
a judge of industrial claims pro hac vice for a period to exceed
60 successive days.

Section 15. Subsections (2) through (4) of section 440.49,
Florida Statutes, are renumbered as subsections (3) through
(5), respectively, new subsection (2) is added to said section,
and paragraph (g) of present subsection (4) of said section is
amended to read:
440.49 Rehabilitation of injured employees; Special Dis-
ability Trust Fund.-
(2) Any insurer or insurance holding company, or subsidiary
of either, which offers to secure employment or help or gives
information as to where employment or help may be secured,
and performs such acts exclusively in conjunction with its
efforts to rehabilitate injured or disabled individuals, shall be
exempt from the provisions of chapter 449, relating to private
employment agencies.
(4) LIMITATION OF LIABILITY FOR SUBSEQUENT
INJURY THROUGH SPECIAL DISABILITY TRUST
FUND.-

(g) Reimbursement of employer.-The right to reimburse-
ment as provided in this subsection shall be barred unless
written notice of claim of the right to such reimbursement is
filed by the employer or carrier entitled to such reimbursement
with the division at Tallahassee prior to 60 days after the order
awarding the excess permanent compensation with respect to
which such reimbursement is claimed becomes final or, if pay-
ment of such excess permanent compensation is made by the
employer or carrier without an award, prior to 60 days after
the date the first payment of excess compensation for the per-
manent disability was made. The notice of claim shall contain
such information as the division by rule or regulation may
require; and the employer or carrier claiming reimbursement
shall furnish such evidence in support of the claim as the divi-
sion reasonably may require. For notice of claims on the Special
Disability Trust Fund filed on or after July 1, 1978, the Special
Disability Trust Fund, shall, within 120 days of receipt of
notice that a carrier has paid, been required to pay, or accepted
liability for excess compensation, serve notice of the acceptance
of the claim for reimbursement. Failure of the Special Dis-
ability Trust Fund to serve the notice shall be deemed a denial
of the claim by the Special Disability Trust Fund for reim-
bursement. If the Special Disability Trust Fund through its
representative denies or controverts the claim, the right to
such reimbursement shall be barred unless an application for a
hearing thereon is filed with the division at Tallahassee within
60 days after notice to the employer or carrier of such denial
or controversion. When such application for a hearing is timely
filed, the claim shall be heard and determined in accordance
with the procedure prescribed in s. 440.25 to the extent that
same is applicable, and in accordance with the workmen's
compensation rules of procedure. In such proceeding on a claim
for reimbursement, the Special Disability Trust Fund shall be
made the party respondent, and no findings of fact made with
respect to the claim of the injured employee or the dependents
for compensation, including any finding made or order entered
pursuant to s. 440.20(10), shall be res judicata. The Special
Disability Trust Fund shall not be joined or made a party to
any controversy or dispute between an employee and the
dependents and the employer or between two or more employers
or carriers without the written consent of the fund. When it
has been determined that an employer or carrier is entitled to
reimbursement in any amount, the employer or carrier shall
be reimbursed periodically every 6 months from the Special
Disability Trust Fund for the compensation and medical bene-
fits paid by the employer or carrier for which same is entitled



to reimbursement, upon filing request therefore and submitting
evidence of such payment in accordance with rules prescribed
by the division.
Section 16. Section 440.57, Florida Statutes, is amended to
read:









JOURNAL OF THE HOUSI



440.57 Pooling liabilities.-The division may, under such
rules and regulations as it may prescribe, permit two or more
employers to enter into agreements to pool their liabilities under
this chapter for the purpose of qualifying as self-insurers and
each employer member of such approved group shall be classi-
fied as a self-insurer as defined in this chapter. The agreement
entered into under this section may provide that the pool shall
be liable for 80 percent, and the employer member shall be
liable for 20 percent, of the medical benefits due any employee
for an injury compensable under this. chapter up to the amount
of $5,000. One hundred percent of the medical benefits above
$5,000 due to an employee for one injury shall be paid by the
pool. The agreement may also provide that each employer
member shall be responsible for the first $100 of medical
benefits due each of its employees for each injury. The claim
shall be paid by the pool, regardless of its size, which shall be
reimbursed by the employer for any amounts. required to be
paid by the employer under the agreement.
Section 17. Section 440.59, Florida Statutes, is created to
read:
440.59 Risk management report.-The Division of Labor
of the Department of Commerce shall complete on a quarterly
basis an analysis of the previous quarter's injuries which
resulted in workmen's compensation claims. The analysis, shall
be broken down by risk classification and shall show for each
such risk classification the frequency and severity for the
various types of injury, and shall include an analysis of the
causes of such injuries. The division shall distribute to each
employer and self-insurer in the state covered by the work-
men's compensation law the data relevant to its work force.
The report shall also be distributed to the insurers authorized
to write workmen's compensation insurance in the state.
Section 18. Subsection (7) of section 443.12, Florida Stat-
utes, is amended to read:
443.12 Division and board; powers, duties, etc.; rules and
regulations; personnel; advisory councils; records and reports;
cooperation, etc.-
(7) RECORDS AND REPORTS.-Each employing unit
shall keep true and accurate work records, containing such
information as the [division] may prescribe. Such records
shall be open to inspection and be subject to being copied by
the division at any reasonable time and as often as may be
necessary. The division or an appeals referee may require
from any employing unit any sworn or unsworn reports, with
respect to persons employed by it, deemed necessary for the
effective administration of this chapter. Information thus
obtained, or obtained from any individual pursuant to the
administration of this chapter, shall, except to the extent
necessary for the proper presentation of a claim or upon written
authorization of the claimant who has. a workmen's compensa-
tion claim pending, be held confidential and shall not be
published or be open to public inspection (other than to public
employees in the performance of their public duties), in any
manner revealing the individual's or employing unit's identity,
but any claimant (or his legal representative) at a hearing
before an appeals referee or the [board] shall be supplied
with information from such records to the extent necessary
for the proper presentation of his claim. Any employee or
member of the [board] or any employee of the division who
violates any provision of this subsection shall be guilty of a
misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083. Provided, however, the division may
furnish to any employer copies of any report previously sub-
mitted by such employer, upon the request of such employer,
and the division is authorized to charge therefore such reason-
able fee as the [division] may by regulations prescribe not to
exceed the actual reasonable cost of the preparation of such
copies. Fees received by the division for copies as herein pro-
vided shall be deposited to the credit of the Employment Se-
curity Administration Trust Fund.
Section 19. Section 624.435, Florida Statutes, is created to
read:
624.435 Reports of information by workmen's compensa-
tion insurers required.-



(1) Any insurer authorized to write a policy of workmen's
compensation insurance or self-insurer shall transmit the
the following information to the department each year with
the annual report of such insurer, and such information shall
be broken down by its nationwide and Florida insurance
writings:



June 8, 1978



rates. Such deductibles shall in all cases be in a form and
manner which is consistent with the underlying purpose of
chapter 440.
(5) Pursuant to the provisions of s. 627.321, the department
may examine the underlying statistical data used in such filings.



OF REPRESENTATIVES 19

(a) Direct premiums written;
(b) Direct premiums earned;
(c) Dividends paid or credited to policyholders;
(d) Losses paid;
(e) Allocated loss adjustment expenses;
(f) The ratio of allocated loss adjustment expenses to
losses paid;
(g) Unallocated loss adjustment expenses;
(h) The ratio of unallocated loss adjustment expenses to
losses paid;
(i) The total of losses paid and unallocated and allocated
loss adjustment expenses;
(j) The ratio of losses paid and unallocated and allocated
loss adjustment expenses to premiums earned;
(k) The number of claims outstanding as of December 31
of each year;
(1) The total amount of losses unpaid as of December 31
of each year;
(m) The total amount of allocated and unallocated loss
adjustment expenses unpaid as of December 31 of each year;
and
(n) The total of losses paid and allocated loss adjustment
expenses and unallocated loss adjustment expenses, plus the
total of losses unpaid as of December 31 of each year and loss
adjustment expenses unpaid as of December 31 of each year.
(2) The department shall provide a summary of informa-
tion provided pursuant to subsection (1) in its annual report.
(3) (a) The first report of this information shall include
the information for the last 6 months for the year ending
December 31, 1978. Such report shall be filed no later than
March 1, 1979. Beginning with the report for the period end-
ing December 31, 1980, all future reports shall have all infor-
mation required by subsection (1) broken down by year for the
current and 2 preceding years.
(b) Within 30 days after March 1, 1980, the Department
of Insurance shall commence a review of the rates of all work-
men's compensation insurers in effect at the time. If, after
the review, the department finds on a preliminary basis that
the rate may be excessive, inadequate, or unfairly discrimina-
tory, the department shall so notify the insurer. Upon being so
notified, the filer shall within 60 days file with the depart-
ment all information which the filer believes proves the reason-
ableness, adequacy, and fairness of the rate. In such instances,
the filer shall carry the burden of proof. In the event the de-
partment finds that a rate is excessive, inadequate, or unfairly
discriminatory, the department may order that a new rate
schedule be thereafter filed by the filer and may further specify
the manner in which noncompliance shall be corrected.

(4) There is hereby authorized one position and, for the
1978-79 fiscal year, $100,000 appropriated from the Insurance
Commissioner's Regulatory Trust Fund to implement the pro-
visions of this section.
Section 20. Subsection (1) of Section 627.091, Florida Stat-
utes, is amended, and subsection (5) is added to said section
to read:
627.091 Rate filings; workmen's compensation and employ-
er's liability insurances.-
(1) As to workmen's compensation and employer's liability
insurances, every insurer shall file with the department every
manual of classifications, rules and rates, every rating plan
and every modification of any of the foregoing which it pro-
poses to use. Every insurer is hereby authorized to include
deductible provisions in its manual of classifications, rules, and









JOURNAL OF THE HOUSE OF REPRESENTATIVES



June 8, 1978



Section 21. Section 627.092, Florida Statutes, is created to
read:
627.092 Workmen's Compensation Administrator.-There is
created within the Division of Insurance Company Regulation
of the Department of Insurance the position of Workmen's Com-
pensation Administrator to monitor carrier practices in the
field of workmen's compensation.
Section 22. Subsection (1) of section 627.101, Florida Stat-
utes, is amended to read:
627.101 When filing becomes effective; workmen's compen-
sation and employer's liability insurances.-
(1) The department shall review filings as to workmen's
compensation and employer's liability insurances as soon as
reasonably possible after they have been made in order to
determine whether they meet the applicable requirements of
this part. If the department determines that part of a rate
filing does not meet the applicable requirements of this part,
it may reject so much of the filing as does not meet these re-
quirements, and approve the remainder of the filing.
Section 23. The presiding officer of each house of the Legis-
lature shall, on or after July 1, 1978, designate members of
each house of the Legislature to serve on a joint committee,
for the purpose of receiving reports, recommendations, and sup-
porting cost data from state officers and others with expertise
and experience in the workmen's compensation system who have
prepared reliable data as to the effects of the proposals on
injured workers, employers, and other members of the public.
The committee members so designated shall prepare recom-
mendations and present them to their respective houses on
March 1, 1979. There is hereby appropriated from the General
Revenue Fund $150,000 to carry out the provisions of this sec-
tion.
Section 24. It is the intent of the Legislature, in enacting
this act, that it shall not operate to supersede or repeal any
changes made to the sections herein contained at the 1978 regu-
lar session of the Legislature unless a contrary intent is ex-
pressly set forth herein. To that end, the Division of Statutory
Revision of the Joint Legislative Management Committee is di-
rected to give full effect to the provisions of this act, as well as
to any such changes, insofar as it is possible to do so.
Section 25. This act shall take effect July 1, 1978, and shall
apply to all claims arising out of injuries which occur on or
after such date.
Mr. Moffitt moved the adoption of the amendment.

Representative Papy offered the following amendment to
the amendment:
Amendment 1 to Amendment 1-On page 2, lines 21 through
31, and on page 3, lines 1 through 3, strike all underlined lang-
uage
Mr. Papy moved the adoption of the amendment to the
amendment.

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

The question recurred on the adoption of the amendment
to the amendment, which failed of adoption.
The question recurred on the adoption of Amendment 1,
which was adopted. The vote was:

Yeas-66



The Chair
Adams
Andrews
Batchelor
Becker
Bell
Black
Bloom
Boyd
Brown
Cherry
Considine



Conway
Cox
Crawford
Crenshaw
Davis
Dyer
Easley
Eckhart
Fontana
Fox
Frank
Gersten



Girardeau
Gordon
Gustafson
Haben
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodes
Kershaw



Kirkwood
Kiser
Kutun
Langley
Lockward
Malloy
Mann
Margolis
McPherson
Mica
Moffitt
Moore, R.



Moore, T.
Nelson
Nuckolls
O'Malley
Pajcic

Nays-48
Allen
Barrett
Blackburn
Burnsed
Burrall
Carlton
Cassens
Crady
Culbreath
Danson
Dixon
Evans



Papy
Patterson
Ready
Richmond
Rish



Ewing
Fechtel
Forbes
Fortune
Foster
Gallagher
Grizzle
Hagler
Hattaway
Hawkins
Hodges
Hollingsworth



.Sadowski
Sample
Sheldon
Smith
Steinberg


Hutto
James
Jennings
Jones
Lewis, J. W.
Lewis, T.
Martin
Maxwell
McCall
McDonald
Melvin
Mixson



Warner
Woodruff
Young



Morgan
Neal
Ogden
Patchett
Poindexter
Poole
Robinson
Ryals
Taylor
Thompson
Ward
Williams



Votes after roll call:

Nays to Yeas-J. W. Lewis, Allen

Mr. Hazelton moved to reconsider the vote by which Amend-
ment 1 was adopted. On motion by Mr. Pajcic, the motion to
reconsider was laid on the table. The vote was:

Yeas-59



The Chair
Adams
Allen
Andrews
Batchelor
Becker
Bell
Black
Brown
Considine
Conway
Cox
Culbreath
Danson
Davis

Nays-43
Barrett
Bloom
Burnsed
Burrall
Carlton
Cassens
Cherry
Crady
Craig
Crenshaw
Dixon



Dyer
Easley
Eckhart
Ewing
Fox
Frank
Gersten
Girardeau
Gordon
Gustafson
Hagler
Hawkins
Hazelton
Hazouri
Healey



Evans
Fechtel
Fontana
Fortune
Foster
Grizzle
Haben
Hodges
Hollingsworth
Hutto
James



Hieber
Hodes
Jones
Kershaw
Kirkwood
Kiser
Langley
Lockward
Malloy
Margolis
McPherson
Moffitt
Moore, R.
Moore, T.
Nuckolls


Jennings
Lewis, J. W.
Lewis, T.
Maxwell
McCall
McDonald
Melvin
Mica
Morgan
Neal
Nelson



O'Malley
Pajcic
Papy
Patterson
Poindexter
Richmond
Rish
Sadowski
Sample
Sheldon
Smith
Steinberg
Woodruff
Young



Patchett
Poole
Ready
Redman
Robinson
Taylor
Thompson
Ward
Warner
Williams



Votes after roll call:
Yeas-Gallagher
Nays-Mixson
Yeas to Nays-Lockward, Danson, Hawkins
Nays to Yeas-Fontana, Cherry, Warner

Representative Moffitt offered the following title amend-
ment:
Amendment 2-Strike the entire title and insert: A bill to
be entitled An act relating to workmen's compensation; amend-
ing s. 440.02(1)(b) and (2)(d), Florida Statutes, changing the
definition of employment and excluding certain volunteers
from the definition of "employee"; amending s. 440.11(1),
Florida Statutes, extending the exclusiveness of liability to fel-
low employees with certain exceptions; amending s. 440.12(1)
and (2), Florida Statutes, relating to compensation payments;
amending s. 440.13(1) and (3), Florida Statutes, relating to
injured employees' remedial treatment, care, and attendance;
modifying procedure with respect to furnishing same; includ-
ing treatment or service at hospitals and other health care
providers under certain fee provisions; creating an advisory



20









"JOURNAL OF THE HOUSE OF REPRESENTATIVES



committee to aid in adoption of schedules of charges; empower-
ing the Division of Labor of the Department of Commerce to
conduct certain investigations relative thereto; amending s.
440.15(3) (u), (10)(c), and (11), Florida Statutes, relating to
compensation for disability; changing the basis upon which
unscheduled permanent partial disability benefits are deter-
mined; providing for authorization to release unemployment
compensation information; amending s. 440.185(2) and (9),
Florida Statutes, decreasing the time period for reporting
knowledge of injury or death; amending s. 440.20(5), (7),
and (10), Florida Statutes, providing additional penalties for
late payment; authorizing the judge of industrial claims to
examine lump sum payments in excess of benefits allowable
under the law; authorizing lump sum settlements without a
hearing under certain circumstances; amending s. 440.25(3),
Florida Statutes, specifying limitations on and considerations
of judges of industrial claims conducting hearings on awards
for diminution of wage-earning capacity; limiting the extent
of an award for disability; requiring reports; amending s.
440.29(3), Florida Statutes, modifying provisions relating to
practice and procedure before the Industrial Relations Com-
mission and judges of industrial claims; amending s. 440.34
(1), Florida Statutes; providing for determination of attorney's
fees by judges of industrial claims; specifying that a portion
of the attorney's fees are payable by employer or carrier
under certain circumstances; amending s. 440.37, Florida
Statutes, specifying fraudulent activities and penalties there-
for; adding a new subsection to s. 440.38, Florida Statutes,
relating to security for compensation, providing for certain
medical benefits policies; creating s. 440.442, Florida Statutes,
providing that commissioners and judges of industrial claims
shall follow the Code of Judicial Conduct; amending s. 440.45
(1), Florida Statutes; providing initial procedure for appoint-
ment of judges of industrial claims; amending s. 440.49(4)
(g), Florida Statutes, and adding new subsection (2) thereto,
relating to rehabilitation of injured employees and certain
uses of the Special Disability Trust Fund; amending s. 440.57,
Florida Statutes, modifying provisions relating to pooling, by
employers, of liabilities; creating s. 440.59, Florida Statutes,
providing for a quarterly risk management report; amending
s. 443.12(7), Florida Statutes; providing circumstances for
the release of unemployment compensation records; creating s.
624.435, Florida Statutes; requiring workmen's compensation
insurers to submit certain reports; specifying contents; pro-
viding for rate review; providing an appropriation; amending
s. 627.091(1), Florida Statutes, and adding a subsection, pro-
viding for deductible provisions in manuals of classifications,
rules, and rates; creating s. 627.092, Florida Statutes, providing
for a Workmen's Compensation Administrator; amending s.
627.101(1), Florida Statutes, relating to rate filings; provid-
ing an appropriation; providing an effective date.
Mr. Moffitt moved the adoption of the amendment, which was
adopted.

Representatives O'Malley, Woodruff, Becker, Hill, Papy,
Gustafson, and Fox offered the following amendment:
Amendment 3-On page 22, strike all of lines 4-10 and insert:
However, the judge of
Mr. O'Malley moved the adoption of the amendment.

Representative Forbes offered the following substitute amend-
ment:
Substitute Amendment 3-On page 23, line 11, strike "Of such
attorney's fees," and insert: With respect to attorney's fees on
claims for benefits other than medical benefits,
Mr. Forbes moved the adoption of the substitute amendment.
Pending consideration thereof, without objection, the substitute
amendment was withdrawn.

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

The question recurred on the adoption of Amendment 3, which
failed of adoption.



On motion by Mr. Pajcic, the rules were waived and SB 3-D,
as amended, was read the third time by title. On passage, the
vote was:



Yeas-100
The Chair
Adams
Allen
Andrews
Barrett
Batchelor
Black
Blackburn
Bloom
Boyd
Burnsed
Burrall
Carlton
Cassens
Considine
Cox
Crady,
Craig
Crawford
Crenshaw
Danson
Davis
Dixon
Dyer
Easley

Nays-11
Becker
Cherry
Conway'



Eckhart
Evans
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hagler
Hattaway
Hawkins:
Hazelton
Hazouri
Healey
Hector
Hieber
Hill
Hodges
Hollingsworth



Frank
Gallagher
Gersten



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


Hodes
Lockward
Papy



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


Poindexter
Woodruff



Votes after roll call:
Yeas-Bell, Brown
Nays to Yeas-Becker, Conway, Gallagher
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

THE SPEAKER PRO TEMPORE IN THE CHAIR

By Representative Cox-
HB 21-D-A bill to be entitled An act relating to the Depart-
ment of Professional and Occupational Regulation; adding s.
20.30(6), Florida Statutes; requiring each examining and licens-
ing board of such department to have a lay member; requiring
the Governor to appoint a lay member; providing an effective
date.
-was read the first time by title. On motion by Mr. Culbreath,
the rules were waived and HB 21-D was read the second time by
title.

Representatives James and Richmond offered the following
amendment:
Amendment 1-On page 1, line 24, strike the effective date
and insert: January 21, 1979
Mr. Richmond moved the adoption of the amendment. On mo-
tion by Mr. Culbreath, the amendment was laid on the table.

On motion by Mr. Culbreath, the rules were waived and HB
21-D was read the third time by title. On passage, the vote was:

Yeas-70



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



Cherry
Conway
Cox
Crady
Crenshaw
Culbreath
Davis
Dixon
Dyer
Evans
Fontana
Foster
Fox



Frank
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hazelton
Hazouri
Healey
Hector
Hieber
Hill



Hollingsworth
Hutto
James
Kershaw
Kiser
Lewis, J. W.
Lockward
Malloy
Margolis
Martin
Maxwell
McCall
McPherson



21



June 8, 1978









22

Mixson
Moffitt
Moore, T.
Morgan
Neal
Nays-39
Barrett
Burnsed
Burrall
Cassens
Craig
Crawford
Danson
Easley
Eckhart
Ewing



JOURNAL OF THE HOUSE]



Nelson
Nuckolls
O'Malley
Pajcic
Poindexter


Fechtel
Fortune
Gallagher
Hagler
Hattaway
Hawkins
Hodes
Hodges
Jennings
Jones



Sadowski
Sample
Sheldon
Smith



Kirkwood
Kutun
Langley
Lewis, T.
McDonald
Melvin
Mica
Moore, R.
Papy
Patterson



Steinberg
Warner
Williams
Young



Poole
Ready
Richmond
Rish
Robinson
Taylor
Thompson
Ward
Woodruff



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

THE SPEAKER IN THE CHAIR

By Representative Sheldon-
HB 23-D-A bill to be entitled An act relating to nursing
homes; amending s. 400.23(3) and (4), Florida Statutes; provid-
ing for evaluation of nursing home facilities; providing two
rating categories; removing provision requiring inclusion of a
facility's rating in advertising; removing provisions requiring
that the level of state vendor payments to facilities be based
on ratings received; amending s. 400.307(2) (e), Florida Stat-
utes, and adding paragraph (f) thereto, authorizing district
nursing home ombudsman committees to enter nursing homes,
with or without prior notice, for certain purposes; authorizing
said committees to review Medicaid patients' personal property
and money accounts for certain purposes; providing an effective
date.
-was read the first time by title. On motions by Mr. Sheldon,
the rules were waived and HB 23-D was read the second time
by title and the third time by title. On passage, the vote was:

Yeas-111



E OF REPRESENTATIVES June 8, 1978

(2) (b) Florida Statutes; renaming the Division of Hotels and
Restaurants of the Department of Business Regulation as the
Division of Hotels; amending ss. 509.013(1), (2), (3), (6), 509.-
032, 509.072, 509.091, 509.092, 509.101(1), 509.141(1), (2), (4),
509.142, 509.151, 509.161, 509.162, 509.211(2) (a), (b), (4), (5) (a),
(c), (d), 509.2111, 509.212, 509.221(1), (2), (4), (6), (8), (9),
509.241(3), (4), (5), 509.251(5), 509.261(1) (a), (3)(a), (b), (4),
509.281, 509.291(1), 509.301(1), (2), (3), 509.302(3), 215.22(25),
Florida Statutes, and adding s. 215.22(26), Florida Statutes;
repealing ss. 509.013(5), 509.221(7), 509.241(2), 509.251(3),
(4), 509.292, Florida Statutes; creating ss. 381.602-381.641, Flor-
ida Statutes; removing certain statutory provisions relating to
the licensing and regulation of public food service establish-
ments from chapter 509, Florida Statutes, and reenacting such
provisions, with some modifications, in chapter 381, Florida
Statutes, to be administered by the Department of Health and
Rehabilitative Services; providing for the adoption of standards;
prohibiting a unit of local government from adopting stand-
ards in conflict therewith except under certain circumstances;
providing a procedure for action upon such different standards;
renaming the Hotel and Restaurant Trust Fund as the Hotel
Trust Fund; establishing the Restaurant Trust Fund and pro-
viding for the deposit of funds collected by the Department of
Health and Rehabilitative Services as a result of food service
establishment regulation in such fund; providing for the ap-
pointment of a portion of the members of the Advisory Council
for Industry Education by the Secretary of Health and Re-
habilitative Services; removing the food service establishment
representatives from the advisory council to the division; re-
moving certain duties from such council and creating an ad-
visory council on the food service industry in the Department of
Health and Rehabilitative Services; directing the Division of
Statutory Revision and Indexing to make certain changes in
the Florida Statutes; providing an effective date.
-was read the first time by title.

Mr. Melvin called a point of order that under Rule 7.16, the
bill had fiscal impact, was not accompanied by a fiscal note,
and had not been referred to the Committee on Appropriations.
Mr. Fortune, Chairman of the Committee on Appropriations,
stated that funds to implement the bill were contained in the
general appropriations bill. Pending a ruling on the point-



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



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



Ward



So the bill passed and was immediately
Senate.



certified to the



By Representative Haben-
HB 19-D-A bill to be entitled An act relating to public
lodging and food service establishments; amending s. 20.16



Mr. Becker moved to lay
agreed to. The vote was:



Yeas-46
Adams
Allen
Andrews
Barrett
Becker
Bloom
Burrall
Carlton
Cassens
Cherry
Crady
Craig



Nays-59
The Chair
Batchelor
Bell
Black
Boyd
Burnsed
Considine
Conway
Cox
Crawford
Danson
Davis
Dyer
Fontana
Foster
Mr. Pajcic
sideration of
was:



Culbreath
Easley
Eckhart
Ewing
Fechtel
Forbes
Fortune
Hagler
Hazelton
Hodges
James
Jennings



Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hattaway
Hazouri
Healey
Hieber
Hodes
Hollingsworth



the bill on the table, which was not



Kirkwood
Langley
Lewis, T.
Martin
Maxwell
McDonald
Melvin
Mica
Mixson
Moore, R.
Moore, T.
Morgan



Hutto
Jones
Kershaw
Kiser
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
Margolis
McCall
McPherson
Neal
Pajcic
Papy



Nelson
Nuckolls
Ogden
Patchett
Poindexter
Richmond
Steinberg
Thompson
Ward
Woodruff



Patterson
Poole
Ready
Rish
Robinson
Ryals
Sadowski
Sample
Sheldon
Smith
Taylor
Warner
Williams
Young



moved that the rules be waived to allow con-
HB 19-D, which was not agreed to. The vote



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

Nays-3
Jennings



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


Patchett









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas--44
The Chair
Allen
Bell
Black
Boyd
Brown
Considine
Cox
Crawford
Davis
Dyer

Nays-63
Adams
Andrews
Barrett
Batchelor
Becker
Bloom
Burnsed
Burrall
Carlton
Cassens
Cherry
Conway
Crady
Craig
Culbreath
Danson



Hodes
Hollingsworth
Hutto
Jones
Kershaw
Kutun
Lewis, J. W.
Lockward
Malloy
Mann
McPherson



Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gustafson
Haben
Hawkins
Hazouri
Healey


Easley
Eckhart
Evans
Ewing
Fechtel
Fontana
Fortune
Gordon
Grizzle
Hagler
Hattaway
Hazelton
Hector
Hieber
Hodges
James



Moore, T.
Ogden
O'Malley
Pajcic
Papy
Poole
Rish
Sadowski
Sheldon
Smith
Taylor


Nuckolls
Patchett
Patterson
Poindexter
Ready
Richmond
Robinson
Sample
Steinberg
Thompson
Ward
Warner
Williams
Woodruff
Young



Votes after roll call:
Yeas to Nays-T. Moore

The Speaker ruled the pending point of order not well taken,
stating that since funds are contained in the general appro-
priations bill, no actual fiscal impact is involved.

Mr. Haben moved that the rules be waived and HB 19-D be
read the second time by title, which was not agreed to. The
vote was:

Yeas-42



Dyer
Foster
Frank
Gersten
Girardeau
Gustafson
Haben
Hazouri
Healey
Hodes
Hollingsworth



Easley
Evans
Ewing
Fechtel
Fontana
Fortune
Fox
Gallagher
Gordon
Grizzle
Hagler
Hattaway
Hazelton
Hector
Hieber
Hill
Hodges



Hutto
Kershaw
Kutun
Malloy
Mann
McPherson
Mixson
Moffitt
Ogden
O'Malley
Pajcic


James
Jennings
Jones
Kirkwood
Kiser
Langley
Lewis, J. W.
Lewis, T.
Lockward
Martin
Maxwell
McCall
McDonald
Melvin
Mica
Moore, R.
Moore, T.



Papy
Patterson
Poole
Robinson
Sadowski
Sheldon
Taylor
Warner
Young



Morgan
Neal
Nelson
Nuckolls
Patchett
Poindexter
Ready
Richmond
Sample
Smith
Steinberg
Thompson
Ward
Woodruff



Subsequently, Mr. Culbreath moved to reconsider the vote by
which HB 19-D failed to be read the second time.

Mr. Sheldon moved the previous question on the motion to
reconsider, which was agreed to. The question recurred on the
motion to reconsider, which was not agreed to. The vote was:



Yeas-49
The Chair
Adams
Batchelor
Bell
Black
Boyd
Brown
Carlton
Cassens
Considine
Conway
Cox
Crawford

Nays-59
Allen
Andrews
Barrett
Becker
Bloom
Burnsed
Burrall
Cherry
Crady
Crenshaw
Culbreath
Danson
Dixon
Easley
Eckhart



Dyer
Ewing
Foster
Fox
Frank
Girardeau
Gordon
Gustafson
Haben
Hattaway
Hazouri
Healey
Hodes



Evans
Fechtel
Fontana
Forbes
Fortune
Gallagher
Gersten
Grizzle
Hagler
Hazelton
Hector
Hieber
Hill
Hodges
James



Hutto
Kershaw
Kutun
Lockward
Malloy
Mann
Margolis
McPherson
Mixson
Moffitt
Moore, T.
Ogden
O'Malley



Jennings
Kirkwood
Kiser
Langley
Lewis, J. W.
Martin
Maxwell
McCall
McDonald
Melvin
Mica
Moore, R.
Morgan
Neal
Nelson



Pajcic
Papy
Poole
Rish
Robinson
Sadowski
Sheldon
Taylor
Warner
Young



Nuckolls
Patchett
Patterson
Poindexter
Ready
Richmond
Ryals
Sample
Smith
Steinberg
Thompson
Ward
Williams
Woodruff



By Representatives Craig, Hill, and Dixon--
HB 6-D-A bill to be entitled An act relating to public lands;
creating part II of chapter 253, Florida Statutes; creating a
Conservation and Recreation Lands Trust Fund within the
Department of Natural Resources; authorizing the Governor and
Cabinet to purchase certain public lands with moneys in
the fund; providing for the planning and management of lands
purchased with moneys from the fund; creating an Interagency
Advisory Council on Conservation and Recreation Lands; pro-
viding that all lands purchased under the act shall be open for
public use and enjoyment; amending s. 376.11, Florida Stat-
utes; limiting the Florida Coastal Protection Trust Fund to
$12 million, and transferring amounts in excess thereof to the
Conservation and Recreation Lands Trust Fund; providing that
no excise tax shall be collected on the transfer of pollutants
pursuant to s. 376.11 after December 31, 1978; providing an
effective date.

-was read the first time by title. On motion by Mr. Craig,
the rules were waived and HB 6-D was read the second time by
title.

Mr. Brown called a point of order that the bill spoke to
public lands and was not within the purview of the Governor's
call. The Speaker said that he did not think it was technically
within the call and the motion should have been to admit for
introduction by two-thirds vote.

Mr. Craig moved that HB 6-D 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 re-
quired Constitutional two-thirds vote. The vote was:

Yeas-42



The Chair
Allen
Barrett
Becker
Blackburn
Bloom
Burnsed
Burrall
Cassens
Considine
Crady



Craig
Culbreath
Danson
Dixon
Fortune
Hagler
Hazelton
Hector
Hill
Hodges
Hollingsworth



Hutto
James
Kershaw
Langley
Lewis, T.
Mann
Melvin
Moore, R.
Nuckolls
Ogden
Papy



Patterson
Poole
Ready
Richmond
Rish
Ryals
Sample
Ward
Williams



Jennings
Kirkwood
Kiser
Langley
Lewis, T.
Martin
Maxwell
McCall
McDonald
Melvin
Mica
Mixson
Moore, R.
Morgan
Neal
Nelson



The Chair
Adams
Allen
Bell
Black
Brown
Considine
Cox
Crawford
Davis
Dixon

Nays-65
Andrews
Barrett
Batchelor
Becker
Blackburn
Bloom
Burnsed
Burrall
Carlton
Cassens
Cherry
Conway
Crady
Craig
Crenshaw
Culbreath
Danson



23



June 8, 1978









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-63
Adams Fechtel
Andrews Fontana
Batchelor Foster
Bell Fox
Boyd Frank
Brown Girardeau
Carlton Gordon
Cherry Grizzle
Conway Gustafson
Cox Haben
Crawford Hattaway
Davis Hawkins
Easley Hazouri
Eckhart Healey
Evans Hieber
Ewing Hodes
Votes after roll call:



Jennings
Kirkwood
Kiser
Lewis, J. W.
Lockward
Malloy
Martin
Maxwell
McCall
McDonald
McPherson,
Mica
Mixson
Moffitt
Moore, T.
Morgan



Neal .i:'
Nelson
Pajcic:
Patchett
Poindexter
Robinson
Sadowski
Sheldon
Smith
Steinberg
Taylor
Thompson
Warner
Woodruff
Young



Yeas-Forbes, Gallagher
Nays-Gersten

By Representative Crady-
HB 12-D-A bill to be entitled An act relating to Nassau
County; amending Section 1 of Chapter 26046, Laws of Florida,
1949, as amended, to rename Humphreys Memorial Hospital as
the Nassau General Hospital; providing an effective date.
Proof of publication of the required notice was attached.

On motion by Mr. Craig, agreed to by the required Constitu-
tional two-thirds vote, HB 12-D was admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call.

The bill was read the first time by title. On motions by Mr.
Crady, the rules were waived and HB 12-D was read the second
time by title and the third time by title. On passage, the vote
was:

Yeas-109



Easley
Eckhart
Evans
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Frank
Gallagher
Gersten
Girardeau
Gordon
Grizzle
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
McPherson
Melvin
Mica
Mixson
Moore, R.
Moore, T.
Morgan
Neal



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



Nays-1
Davis
So the bill passed and was immediately certified to the Senate.

By Representatives Malloy, Gersten, Brown, Hill, Craig, Kiser,
Gallagher, Lockward, Black, and Steinberg-
HB 26-D-A bill to be entitled An act relating to professional
and occupational licensing; creating s. 455.11, Florida Statutes,



to provide for licensing of certain persons who have successfully
completed certain courses of study; providing an effective date.

On motion by Mr. Malloy, agreed to by the required Consti-
tutional two-thirds vote, HB 26-D was admitted for introduction,
the Speaker having ruled that the measure was outside the pur-
view of the Governor's call.

The bill was read the first time by title. On motions by Mr.
Malloy, the rules were waived and HB 26"D was read the second
time by title and the third time by title. On passage, the vote
was:

Yeas-93



The Chair
Adams
Allen
Barrett
Becker
Bell
Black
Bloom
Boyd
Brown
Burnsed
Carlton
Cassens
Cherry
Considine
Conway
Cox
Crady
Craig
Crawford
Crenshaw
.Culbreath
Danson
Dixon

Nays-6
Burrall
Langley



Dyer
Easley
Eckhart
Evans
Ewing
Fechtel
Fontana
Forbes
Fortune
Foster
Fox
Gallagher
Gersten
Girardeau
Gordon
Grizzle
Gustafson
Haben
Hattaway
Hawkins
Hazelton
Hazouri
Healey
Hector


Lewis, J. W.
Patchett



Hieber
Hill
Hodges
Hollingsworth
Hutto
James
Jennings
Jones
Kershaw
Kirkwood
Kiser
Lewis, T.
Lockward
Malloy
Mann
Margolis
Maxwell
McCall
McDonald,
McPherson
Mica
Mixson
Moffitt
Moore, R.



Richmond



Moore, T.
Morgan
Neal
Nelson
Nuckolls
O'Malley
Pajcic
Patterson
Poindexter
Poole
Ready
Rish
Sadowski
Sample
Sheldon
Smith
Steinberg
Thompson
Warner
Williams
Young



Woodruff



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

By Representatives Easley, Kiser, Woodruff, Poindexter,
Grizzle, McDonald, Hieber, Sample, and T. Moore-
HB 13-D-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending s. 334.064, Florida Statutes,
as created by chapter 78-90, Laws of Florida, and amending s.
334.14(4), Florida Statutes, as amended by chapter 78-90, Laws
of Florida, to provide that the operations of the department be
organized into seven districts; providing for the creation and
staffing of the additional district; providing an effective date.

Mr. Craig moved that HB 13-D 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-39



The Chair
Allen
Becker
Black
Carlton
Craig
Crenshaw
Culbreath
Easley
Fortune

Nays-60
Adams
Andrews
Barrett
"Bell
Bloom



Foster
Fox
Frank
Gallagher
Grizzle
Hieber
Hodes
Hodges
James
Jennings



Boyd
Brown
Burnsed
Burrall
Cassens



Kirkwood
Kiser
Lockward
Malloy
Maxwell
McDonald
Mica
Mixson
Moore, T.
Ogden



Cherry
Conway
Cox
Crady.
Crawford



Papy
Poindexter
Richmond
Rish
Ryals
Sadowski
Sample
Williams
Woodruff



Danson
Dixon
Dyer
Eckhart
Evans



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



24



June 8, 1978









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Ewing
Fechtel
Fontana
Forbes
Girardeau
Gordon
Gustafson
Haben
Hagler
Hattaway



Hawkins
Hazouri
Healey
Hill
Hutto
Jones
Lewis, J. W.
Mann
Martin
McCall



McPherson
Melvin
Moore, R.
Morgan
Neal
Nuckolls
O'Malley
Pajcic
Patchett
Patterson



Poole
Ready
Robinson
Smith
Steinberg
Taylor
Thompson
Ward
Warner
Young



Votes after roll call:
Nays-Nelson

By Representative Young-
HB 22-D-A bill to be entitled An act relating to laetrile;
legalizing manufacture, distribution, delivery, possession, sale,
and use of laetrile in this state; providing that delivery or
sale of laetrile shall be by prescription only; providing that no
such manufacture, distribution, sale, or delivery shall be for
the purpose of transporting laetrile across state lines; stipu-
lating labeling requirements; amending s. 465.101(1) (e), Florida
Statutes, protecting from penalty pharmacists filling properly
issued prescriptions for laetrile; adding a paragraph to s. 500.-
16(3), Florida Statutes, and amending s. 500.341(6), Florida
Statutes, and adding a subsection; excluding laetrile from cer-
tain regulation as a "new drug"; providing for duties of the
Department of Health and Rehabilitative Services; conditioning
all provisions of the act upon no hearing being conducted by
the State Boards of Medical Examiners and Osteopathic Medi-
cal Examiners at which laetrile is formally declared harmful;
providing legislative intent; providing an effective date.

Mr. Rish moved that HB 22-D 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-52



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

Nays-41
Andrews
Cherry
Craig
Crawford
Danson
Dixon
Easley
Eckhart
Evans
Ewing
Fechtel



Cassens
Considine
Conway
Cox
Crady
Crenshaw
Culbreath
Dyer
Forbes
Fortune
Foster
Gallagher
Gustafson


Fontana
Frank
Girardeau
Grizzle
Hagler
Hattaway
Hazouri
Hodes
James
Jennings
Kiser



Hawkins
Healey
Hieber
Hodges
Hutto
Ki-::wood
Kutun
Langley
Lockward
M alloy
Mann
McPherson
Mixson


Lewis, J. W.
Martin
McCall
McDonald
Melvin
Mica
Moore, R.
Morgan
Neal
Pajcic
Patchett



Moore, T.
Nuckolls
Poole
Richmond
Rish
Sadowski
Sheldon
Smith
Steinberg
Taylor
Warner
Williams
Young


Poindexter
Ready
Robinson
Ryals
Sample
Thompson
Ward
Woodruff



Votes after roll call:
Yeas-Gersten, Hazelton, Hill, Nelson

By Representatives Carlton and Hodes-
HB 24-D- A bill to be entitled An act relating to comprehen-
sive health education; amending s. 233.067(4), (5), Florida Stat-
utes, renumbering subsections (8), (9), (10), (11) of said sec-
tion, and adding a new subsection (8) to said section; requiring
the Department of Education to take the advice of school food
service personnel into consideration in its administration of the
comprehensive health education program; requiring inclusion
of nutrition instruction and training programs for food service
personnel in such program; requiring proposals for implemen-



25



station of district or school health education projects to include
certain provisions; providing for the monitoring and evaluation
of comprehensive health education programs or projects and for
annual reporting to the Legislature; amending s. 236.081(5),
Florida Statutes; redesignating comprehensive health education
as a general categorical program for funding purposes; provid-
ing an effective date.
-was read the first time by title. On motion by Mrs. Carl-
ton, the rules were waived and HB 24-D was read the second
time by title.

Representative Maxwell offered the following amendment:
Amendment 1-On page 3, line 25, strike "course" and insert:
program
Mr. Maxwell moved the adoption of the amendment, which was
adopted.

On motion by Mrs. Carlton, the rules were waived and HB
24-D, as amended, was read the third time by title. On pass-
age, the vote was:

Yeas-109



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



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



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



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



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



immediately certi-



Recess
On motion by Mr. Craig, the House recessed at 12:48 p.m. to
reconvene at 3:00 p.m.

Reconvened
The House was called to order by the Speaker at 3:00 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 amended House Amendments 1 and 2, concurred in
same as amended and passed SB 3-D, as amended,

By Senators Barron, McClain, MacKay and Zinkil-
SB 3-D-A bill to be entitled An act relating to workmen's
compensation; amending s. 440.02(1) (b) and (2) (d), Florida



June 8, 1978









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Statutes, changing the definition of employment and excluding
certain volunteers from the definition of "employee"; amending
s. 440.11(1), Florida Statutes, extending the exclusiveness of
liability to fellow employees with certain exceptions; amending
s. 440.12(1) and (2), Florida Statutes, relating to compensation
payments; amending s. 440.13(1) and (3), Florida Statutes, re-
lating to injured employees' remedial treatment, care, and at-
tendance; modifying procedure with respect to furnishing same;
including treatment or service at hospitals and other health
care providers under certain fee provisions; creating an advisory
committee to aid in adoption of schedules of charges; empower-
ing the Division of Labor of the Department of Commerce to
conduct certain investigations relative thereto; amending s.
440.15(3)(u), (10)(c), and (11), Florida Statutes, relating to
compensation for disability; changing the basis upon which un-
scheduled permanent partial disability benefits are determined;
providing for authorization to release unemployment compen-
sation information; amending s. 440.185(2) and (9), Florida
Statutes, decreasing the time period for reporting knowledge of
injury or death; amending s. 440.20(5), (7), and (10), Florida
Statutes, providing additional penalties for late payment; au-
thorizing the judge of industrial claims to examine lump sum
payments in excess of benefits allowable under the law; au-
thorizing lump sum settlements without a hearing under certain
circumstances; amending s. 440.25(3), Florida Statutes, specify-
ing limitations on and considerations of judges of industrial
claims conducting hearings on awards for diminution of wage-
earning capacity; limiting the extent of an award for disability;
requiring reports; amending s. 440.29(3), Florida Statutes, modi-
fying provisions relating to practice and procedure before the
Industrial Relations Commission and judges of industrial claims;
amending s. 440.34(1), Florida Statutes; providing for deter-
mination of attorney's fees by judges of industrial claims; speci-
fying that a portion of the attorney's fees are payable by em-
ployer or carrier under certain circumstances; amending s. 440.-
37, Florida Statutes, specifying fraudulent activities and penal-
ties therefore; adding a new subsection to s. 440.38, Florida Stat-
utes, relating to security for compensation, providing for certain
medical benefits policies; creating s. 440.442, Florida Statutes,
providing that commissioners and judges of industrial claims
shall follow the Code of Judicial Conduct; amending s. 440.45(1),
Florida Statutes; providing initial procedure for appointment of
judges of industrial claims; amending s. 440.49(4) (g), Florida
Statutes, and adding new subsection (2) thereto, relating to re-
habilitation of injured employees and certain uses of the Special
Disability Trust Fund; amending s. 440.57, Florida Statutes,
modifying provisions relating to pooling, by employers, of li-
abilities; creating s. 440.59, Florida Statutes, providing for a
quarterly risk management report; amending s. 443.12(7), Flor-
ida Statutes; providing circumstances for the release of unem-
ployment compensation records; creating s. 624.435, Florida Stat-
utes; requiring workmen's compensation insurers to submit
certain reports; specifying contents; providing for rate review;
providing an appropriation; amending s. 627.091(1), Florida
Statutes, and adding a subsection, providing for deductible pro-
visions in manuals of classifications, rules, and rates; creating
s. 627.092, Florida Statutes, providing for a Workmen's Com-
pensation Administrator; amending s. 627.101(1), Florida Stat-
utes, relating to rate filings; providing an appropriation; pro-
viding an effective date.
(House Amendments 1 and 2 attached to original bill.)
-and requests the concurrence of the House.
Joe Brown, Secretary

Senate Amendment 1-A to House Amendment 1-On page 33,
strike all of lines 11 through 23 and insert a new Section
23: Section 23. The foregoing sections represent the first
phase of needed reform of the workmen's compensation law.
Further reform, which will involve the review of that part
of the law which provides compensation and other assistance
for workers with a compensable, permanent partial disability,
should be undertaken at such time as the proposals for such
review have been refined and data as to cost and other effects
have been fully developed. Accordingly, the presiding officer
of each house of the legislature shall, on or before July
1, 1978, designate members of each house of the legislature
to serve on a joint committee, for the purpose of receiving
reports, recommendations and supporting cost data from state



officers and others with expertise and experience in the work-
men's compensation system who have prepared reliable data as
to the effects of the proposals on injured workers, employers
and other members of the public. The committee so designated



shall prepare recommendations and present them to their re-
spective houses on March 1, 1979. In recognition of the seri-
ousness of the problems in the existing system and the urgent
need for major reform, Chapter 440, Florida Statutes, is re-
pealed as of July 1, 1979. There is hereby appropriated from
the general revenue fund $150,000 to carry out the provisions
of this section.

Senate Amendm ent 2-A to House Amendment 2-On page
3, line 25, between the semicolon and "providing", insert: re-
pealing Chapter 440, Florida Statutes, effective July 1, 1979.

Mr. Moffitt moved that the House concur in Senate Amend-
ment 1-A to House Amendment 1 and in Senate Amendment
2-A to House Amendment 2. Mr. Gallagher moved the
previous question on the motion, which was agreed to. The
question recurred on the motion to concur in Senate amend-
ments to House Amendments 1 and 2, which was agreed to.
The question recurred on the passage of SB 3-D. The vote
was:

Yeas-109



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

Nays-4
Frank



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



Papy



Votes after roll call:
Yeas-Mica
So the bill passed, as fu
gether with the bill and an
ately certified to the Senate.



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



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



Poindexter Woodruff



rather amended. The action, to-
aendments thereto, was immedi-



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 2
and 3 and requests the House to recede, has amended House
Amendment 1, concurred in same as amended and passed
SB 6-D, as amended-

By Senators Hair, Lewis, Barron, W. D. Childers, Gallen,
Dunn, Plante, Ware and Vogt-
SB 6-D-A bill to be entitled An act relating to state lands;
creating the State Lands Study Committee; prescribing the
membership and duties of such committee; providing an appro-
priation; providing an effective date.
-and requests the concurrence of the House.

Joe Brown, Secretary



26



June 8, 1978









JOURNAL OF THE HOUSI



House Amendment 1-On page 1, line 11, strike subsection
1, and all of Section 2 on page 2 and insert: (1) The President
of the Senate and the Speaker of the House of Representatives
shall each appoint three members of their respective bodies to
serve as a Joint Select Committee on State Lands empowered
and clothed with all the powers and duties of other joint
committees.

Senate Amendment 1-A to House Amendment 1-On page 1,
strike all of lines 1 through and including line 7 and insert:
(1) There is hereby created a State Lands Study Committee
composed of eight members, four to be appointed by the
President of the Senate, at least two of whom shall be members
of the Senate, and four to be appointed by the Speaker of the
House of Representatives, at least two of whom shall be
members of the House of Representatives. The persons ap-
pointed shall designate one member of the committee to serve
as chairman, and the committee shall meet at the call of the
chairman. Members of the committee shall receive no compen-
sation but shall be entitled to receive reimbursement for travel
expenses and per diem as provided in s. 112.061, Florida
Statutes.
(2) The sum of $25,000 is hereby appropriated from the
General Revenue Fund to the State Lands Study Committee to
be used for the purpose of conducting the study and making
the reports required by this act.

House Amendment 2-On pages 1 and 2, lines 23 and 3
respectively, strike "State Lands Study"

House Amendment 3-On page 1 in the title, line 3, strike
"State Lands Study Committee" and on line 5, strike "providing
an appropriation" and insert: "Joint Select Committee on State
Lands" on line 3

On motions by Mr. Richmond, the House concurred in Senate
Amendment 1-A to House Amendment 1 and receded from
House Amendments 2 and 3. The question recurred on the
passage of SB 6-D. The vote was:

Yeas-109



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



Nays-5
Hollingsworth
Langley



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



Patchett



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



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



Thompson Williams



So the bill passed, as further amended. The action, together
with the bill and amendments thereto, was immediately certified
to the Senate.



June 8, 1978



The Chair
Adams
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

Nays-2
McCall



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



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



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



Ogden



Votes after roll call:
Yeas-Allen, Hazelton

So the bill passed and
Senate.



was immediately 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-SB 11-D
-and requests the concurrence of the House.

Joe Brown, Secretary

By Senator W.D. Childers-
SB 11-D-A bill to be entitled An act relating to cosmetology;
amending section 7 of Senate Bill 564, 1978 Regular Session;
changing the effective date of section 6 of Senate Bill 564, 1978
Regular Session; providing an effective date.

On motion by Mr. Kiser, agreed to by the required Constitu-
tional two-thirds vote, SB 11-D was admitted for introduction,
the Speaker having ruled that the measure was outside the
purview of the Governor's call.



SOF REPRESENTATIVES 27

The Honorable Donald L. Tucker, Speaker
I am directed to inform the House of Representatives that
the Senate has passed SB 12-D
-and requests the concurrence of the House.
Joe Brown, Secretary

By Senators Peterson and Castor-
SB 12-D--A bill to be entitled An act relating to education;
amending s. 228.195, Florida Statutes, relating to administration
and funding of school food and nutrition programs; providing
an effective date.
-was read the first time by title. On motions by Mrs. Bloom,
the rules were waived and SB 12-D was read the second time
by title and the third time by title. On passage, the vote was:

Yeas-110









JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

Yeas-112



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



Votes after roll call:
Yeas-Gallagher

So the bill passed and was immediately
Senate.



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



certified to the



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



HB 24-D
HB 21-D



HB 23-D



HB 16-D



Joe Brown, Secretary
The bills were ordered enrolled.
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 4-D
HB 7-D



HB 11-D



HB 26-D



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
Nays-None



HB 4-D
HB 11-D
HB 16-D



HB 21-D
HB 23-D



HB 24-D
HB 26-D



-have been enrolled, signed by the required Constitutional
Officers and presented to the Governor on June 19, 1978.
Allen Morris, Clerk



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 28, 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 7 through June 8, 1978. Additionally,
there has been included a record of the transmittal of Acts
subsequent to the sine die adjournment of the Special Session.




Clerk
Tallahassee, Florida
June 19, 1978



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



Joe Brown, Secretary
The bills were ordered enrolled.
Record Votes
Representative Hill:
Yea-Motion to lay on the table Amendment 1 to SB 1-D;
motion to lay on the table Amendment 2 to SB 7-D; motion
for third reading of SB 7-D
Nay-Motion to lay on the table HB 19-D; motion to waive
the rules to allow consideration of HB 19-D

Adjournment
On motion by Mr. Craig, the House adjourned at 3:48 p.m.
sine die.

Enrolling Reports

HB 7-D
-has been enrolled, signed by the required Constitutional
Officers and presented to the Governor on June 13, 1978.
Allen Morris, Clerk



28



June 8, 1978









INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session

of the

FIFTH LEGISLATURE
[under the Constitution as Revised in 1968]


June 7 through June 8, 1978






CONTENTS


Pages
Members of the House with Bills Sponsored ---- ----- ----- --------------- ------------ 30
Bills, Resolutions, and Memorials Sponsored by Committees ---------------32
Miscellaneous Subjects -------- --------"--- ----- ------------ --.32
Vetoed Bills -------------------------------------------------------------- 32
Subject Index of House and Senate Bills, Resolutions, and Memorials ----------- ------ 33
House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition -----------------35
Senate Bills, Resolutions, and Memorials (received in House) by Number, Subject, Sponsor,
and Disposition --------------------------------------- 35



29









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: 7-D

ALLEN, JOE-120th District
Co-sponsored: 7-D

ANDREWS, WILLIAM C.-27th District

BARRETT, DAVID L.-44th District
Co-sponsored: 7-D

BATCHELOR, DICK J.-43rd District

BECKER, ALAN S.-103rd District
Co-sponsored: 7-D

BELL, SAMUEL P., III-30th District
Sponsored: 2-D, 3-D

BLACK, HUGO, III-119th District
Co-sponsored: 7-D, 26-D

BLACKBURN, R. ED, JR.-64th District

BLOOM, ELAINE-100th District
Co-sponsored: 7-D

BOYD, CHARLES W.-96th District
Co-sponsored: 7-D

BROWN, J. HYATT-31st District
Sponsored: 26-D
Co-sponsored: 16-D

BURNSED, BEVERLY B.-50th District
Co-sponsored: 7-D

BURRALL, FREDERIC H.-75th District

CARLTON, FRAN-41st District
Sponsored: 24-D
Co-sponsored: 7-D

CASSENS, K. DALE-76th District
Sponsored: 27-D
CHERRY, GWENDOLYN S.-106th District
Co-sponsored: 7-D

CONSIDINE, JOHN J., III--82nd District
Co-sponsored: 7-D

CONWAY, WILLIAM R.-29th District

COX, LINDA C.-86th District
Sponsored: 21-D
Co-sponsored: 7-D

CRADY, GEORGE-15th District
Sponsored: 12-D
Co-sponsored: 7-D

CRAIG, A. H.-28th District
Sponsored: 6-D, 7-D, 26-D

CRAWFORD, ROBERT B.-49th District
Co-sponsored: 7-D

CRENSHAW, ANDER-24th District

CULBREATH, JOHN R.-36th District
Co-sponsored: 7-D

DANSON, THOMAS E., JR.-73rd District

DAVIS, HELEN GORDON-70th District

DIXON, R. EARL-23rd District
Co-sponsored: 6-D, 7-D

DYER, HAROLD J.-93rd District
Co-sponsored: 7-D

EASLEY, BETTY-56th District
Sponsored: 13-D

ECKHART, JAMES F.-115th District
Co-sponsored: 7-D

EVANS, MARILYN BAILEY-46th District

EWING, TED-74th District

FECHTEL, VINCE, JR.--34th District

FONTANA, A. M.-107th District
Co-sponsored: 7-D

FORBES, JOHN R.-17th District
Sponsored: 4-D
Co-sponsored: 7-D

FORTUNE, EDMOND M.-4th District
Co-sponsored: 7-D

FOSTER, JAMES S.-65th District

FOX, ROBERTA-110th District
Co-sponsored: 7-D

FRANK, PAT-67th District
Co-sponsored: 7-D

FULFORD, W. E.-40th District

GALLAGHER, C. THOMAS, III-111th District
Co-sponsored: 26-D

GERSTEN, JOSEPH M.-109th District
Sponsored: 26-D
Co-sponsored: 7-D

GIRARDEAU, ARNETT E.-16th District
Co-sponsored: 7-D



30



INDEX










JOURNAL OF THE HOUSE OF REPRESENTATIVES



GORDON, ELAINE--98th District
Co-sponsored: 7-D

GRIZZLE, MARY R.-53rd District
Co-sponsored: 13-D

GUSTAFSON, TOM-88th District
Co-sponsored: 7-D

HABEN, RALPH H., JR.-71st District
Sponsored: 19-D

HAGLER, CLYDE H.-3rd District

HATTAWAY, BOB-33rd District

HAWKINS, MARY ELLEN-89th District
Co-sponsored: 7-D

HAZELTON, DONALD F.-78th District

HAZOURI, THOMAS L.-21st District
Sponsored: 15-D, 28-D
Co-sponsored: 7-D

HEALEY, EDWARD J.-81st District
Co-sponsored: 7-D

HECTOR, ROBERT C.-114th District
Sponsored: 25-D
Co-sponsored: 7-D

HIEBER, GEORGE F., II-58th District
Co-sponsored: 13-D

HILL, JOHN A.-108th District
Sponsored: 6-D, 26-D
Co-sponsored: 7-D

HODES, RICHARD S.-68th District
Sponsored: 24-D

HODGES, GENE-14th District
Co-sponsored: 7-D

HOLLINGSWORTH, WAYNE-13th District

HUTTO, EARL--8th District

JAMES, WILLIAM G.-80th District

JENNINGS, TONI-42nd District
Co-sponsored: 7-D

JONES, C. FRED-52nd District
Co-sponsored: 7-D

KERSHAW, JOE LANG-105th District
Co-sponsored: 7-D

KIRKWOOD, LAWRENCE R.-38th District
Co-sponsored: 7-D

KISER, S. CURTIS-54th District
Sponsored: 26-D
Co-sponsored: 1-D, 11-D, 13-D

KUTUN, BARRY-99th District
Co-sponsored: 7-D

LANGLEY, RICHARD H.-35th District

LEHMAN, DAVID J.-97th District

LEWIS, JOHN W.-18th District
Co-sponsored: 7-D

LEWIS, THOMAS F.-83rd District

LOCKWARD, WILLIAM H.-104th District
Co-sponsored: 7-D, 26-D

MALLOY, JOHN CYRIL-118th District
Sponsored: 26-D

MANN, FRANKLIN B.-90th District
Co-sponsored: 7-D

MARGOLIS, GWEN-102nd District
Co-sponsored: 7-D

MARTIN, SIDNEY-26th District

MAXWELL, CLARK, JR.-45th District

McCALL, WAYNE C.-32nd District

McDONALD, DENNIS-57th District
Co-sponsored: 7-D, 13-D

McKNIGHT, ROBERT W.-116th District

McPHERSON, TOM-92nd District
Co-sponsored: 7-D

MELVIN, JERRY G.-5th District

MICA, JOHN L.-39th District
Co-sponsored: 7-D

MIXSON, WAYNE-7th District

MOFFITT, H. LEE-66th District
Sponsored: 11-D

MOORE, REID, JR.-79th District
Co-sponsored: 7-D

MOORE, TOM R.-55th District
Co-sponsored: 13-D

MORGAN, HERBERT F.-12th District

NEAL, PATRICK K.-72nd District

NELSON, C. WILLIAM-47th District

NUCKOLLS, H. PAUL-91st District
Co-sponsored: 7-D

OGDEN, CARL-20th District

O'MALLEY, TERENCE T.-85th District
Co-sponsored: 7-D



31



INDEX









JOURNAL OF THE HOUSE OF REPRESENTATIVES



PAJCIC, STEVE-22nd District

PAPY, CHARLES C., JR.-117th District

PATCHETT, R. DALE-48th District
Sponsored: 27-D

PATTERSON, THOMAS R.-2nd District

POINDEXTER, DON-59th District
Co-sponsored: 13-D

POOLE, VAN B.-84th District
Co-sponsored: 7-D

READY, GENE-51st District

REDMAN, JAMES L.-62nd District

RICHARD, BARRY-112th District

RICHMOND, RONALD R.-37th District
Sponsored: 1-D, 16-D

RISH, WILLIAM J.-9th District

ROBINSON, GROVER C., III-1st District
Sponsored: 5-D

RYALS, JOHN L.-63rd District

SADOWSKI, WILLIAM E.-113th District
Co-sponsored: 7-D

SAMPLE, DOROTHY EATON-61st District
Co-sponsored: 7-D, 13-D

SHELDON, GEORGE H.-69th District
Sponsored: 14-D, 20-D, 23-D
Co-sponsored: 1-D, 7-D

SMITH, ERIC B.-19th District
Co-sponsored: 7-D

STEINBERG, PAUL B.-10ist District
Co-sponsored: 7-D, 26-D
TAYLOR, WILLIAM J.-77th District

THOMPSON, JAMES HAROLD-10th District

TUCKER, DONALD L.-11th District

WARD, JAMES G.-6th District

WARNER, STEPHEN JAMES-87th District
Co-sponsored: 7-D
WILLIAMS, FRANK-25th District
Co-sponsored: 4-D, 7-D

WOODRUFF, TOM M.-60th District
Co-sponsored: 13-D

YOUNG, WALTER C.-95th District
Sponsored: 8-D, 9-D, 10-D, 17-D, 18-D, 22-D
Co-sponsored: 7-D



Bills, Resolutions, and Memorials
Sponsored by Committees
[Source: Information Division, Joint Legislative Management Committee]
SOVEREIGNTY LANDS (SELECT)
Committee Substitute: 3-D



Miscellaneous Subjects
Subject Pages Subject Pages
Committees Governor
Select Committee on Sovereignty Lands Proclamations of the House ------------------...1, 3-4
Appointment --------------- --------------------- 1
Rules of the House
Precedents and Rulings ....----------- .------ 6, 22, 23



Vetoed Bills
Dates shown hereafter are dates when Governor vetoed bills and sent these
directly to Secretary of State for subsequent transmittal to House or Senate.

Date
No. Subject Sponsor Pages Vetoed Disposition
1978 Special Session "D" Vetoed House Bills
HB
26-D Professional and occupational licensing M..-- Malloy --------.... ........... ....------------.--.......------ ......7-4-78
1978 Special Session "D" Vetoed Senate Bills
SB
12-D Education ---------- ------ -- --.__ ----..- Peterson -------------------------------------------- ---------6-27-78



32



INDEX










JOURNAL OF THE HOUSE OFV REPRESENTATIVES



Subject Index of House and Senate

Bills, Resolutions, and Memorials

[Source: :Informationi 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
Comprehensive plan, state lands; preparation/revision, S2-D
APPOINTMENTS
Governor
Professional & occupational reg. dept./lay member, S9-D,
H21-D
PSC commissioners, S7-D
State lands study committee, S6-D
Legislature
PSC nominating council, S7-D
State lands study committee, S6-D
APPROPRIATIONS
State lands study committee, S6-D
Workmen's compensation, S3-D1)
-B-

BAILIFFS
Employment, supervision, compensation (12th judicial cir-
cuit), S13-D
BUSINESS REGULATION, DEPARTMENT OF
Hotels & restaurants division renamed hotels division, H19-D


CANCER
Laetrile, legalization, H22-D
CEMETERIES
Law revision, H7-D
CLAY COUNTY
Boundary amendments, H4-D
COASTAL MANAGEMENT ACT
Creation, S2-D
COMPREHENSIVE PLANNING
State lands; preparation/revision, S2-D
COSMETOLOGY
Effective date, S11-D


EDUCATION
Food & nutrition programs, schools; administration fund-
ing, S12-D
Nutrition instruction, inclusion in comprehensive ed. program,
H24-D
EMINENT DOMAIN
Water supply/port/aviation authorities; possession rights,
Hll-D
ENVIRONMENTAL REGULATION, DEPT. OF
State land & coastal zone management; duties, S2-D
EVIDENCE CODE
Effective date, H1-D, H16-D
-FI-
FOOD SERVICE ESTABLISHMENTS
Licensing, inspections, generally regulated by H.R.S., H19-D
FOREIGN
Persons completing certain courses of study; licensing, H26-D



-G--
GOVERNOR
Reports
State lands study committee, S6-D
-H-
HEALTH & REHABILITATIVE SERVICES, DEPT. OF
Food service establishments; licensing, inspection; duties,
H19-D
Laetrile, duties re distribution, regulations, etc., H22-D


INSURANCE
State officers & emps., maximum benefit payments schedule,
S10-D
INTERNAL IMPROVEMENT TRUST FUND
Submerged lands; exempt marketable record title provisions,
H3-D, S4-D


JUDICIAL CIRCUITS
Bailiffs, 12th judicial circuit; supervision, appointment, etc.,
S13-D
-L--
LANDS
Comprehensive plan, preparation/revision, S2-D
Conservation & recreation lands acquisition, H6-D
Invasion/unauthorized use; limitations of actions, exempt,
H2-D, S5-D
Land study committee created, S6-D
Submerged lands; exempt marketable record title provision,
H3-D, S4-D
LEGISLATURE
Reports
Administration dept./growth, employment, capital invest-
ments, S1-D
Education dept./comprehensive health education program,
H24-D
State lands study committee, S6-D
LIMITATIONS OF ACTIONS
State-owned lands, unauthorized use/invasion, exemption,
H2-D, S5-D
LOCAL GOVERNMENTS
Coastal management; participation, S2-D
-M-
MARKETABLE RECORD TITLES
Lands beneath navigable waters; exemption, H3-D, S4-D
-N--
NASSAU COUNTY
Humphreys memorial hospital/Nassau general hospital, H12-D
NATURAL RESOURCES, DEPT. OF
Conservation & recreation lands trust fund, creation, H6-D
NURSING HOMES
Complaints of substandard care, lie. violations; hearings,
H14-D, H23-D
Medicaid patients' personal property & money accounts; re-
view, H23-D



INDEX



33










JOURNAL OF THE HOUSE OF REPRESENTATIVES



POPULAR NAMES
Cemetery act, H7-D
Coastal management act, S2-D
Conservation & recreation lands act, H6-D
Evidence code, H1-D, H16-D
Industrial tax relief bill, S1-D
Laetrile bill, H22-D

PRODUCTS LIABILITY
Manufacturers/sellers; liability determination, S8-D
PROFESSIONAL & OCCUPATIONAL REGULATION, DEPT.
OF
Examining & licensing bds., lay member appointed, S9-D,
H21-D
Foreigners; licensing on completion certain study courses,
H26-D
PUBLIC LODGING
Hotels & restaurants changed to hotels division, H19-D
PUBLIC SERVICE COMMISSION
Commissioners increased to 5; appointment, S7-D
-R-
RESTAURANTS
Licensing, inspections, generally regulated by H.R.S., H19-D
REVENUE, DEPT. OF
Tax refunds, S1-D

SALES TAX
Aircraft; tax status, Sl-D
Condominiums; leasing/rentals, Sl-D
Exemptions
Aircraft, sale/lease to air carrier regulated by PSC, S1-D
Boiler fuels/wood products, S1-D
Manufacturing plants/operations, new or expanded facili-
ties, Sl-D

SALES TAX (Cont.)
Exemptions (Cont.)
Personal property leased or sold to state VA organizations,
S1-D
Students, certain housing, Sl-D
Transient rentals, Sl-D

SCHOOLS
Food & nutrition programs; administration of funds, S12-D
Nutrition instruction progs.; food service personnel inclusion,
H24-D

SUNSHINE LAW
Public service commission nominating council meetings, S7-D
-T-
TAXATION
Public Service Tax
50 kwh per month, residential use; exemption, S1-D
Levy by municipalities, uniform rate, S1-D
TRUST FUNDS
Conservation & recreation lands, H6-D
Hotel, H19-D
Restaurant, H19-D
TRANSPORTATION
Seven transportation districts; creation, H13-D
-W-
WORKMEN'S COMPENSATION
Compensation, adjustment nearest dollar, S3-D
Disability, permanent partial; compensation, S3-D
Employers, 3 or more employees, S3-D
Hospitals & med. practitioners; investigations re fees, etc.,
S3-D
Injuries; notice in 24 hrs. to employee re rights, S3-D
Insurance carriers; reports to insurance department, S3-D
Pooling liabilities, S3-D
Subcontractors, S3-D
Volunteers, certain; exclusion, S3-D
Wage-earning capacity/diminution claims; consideration, S3-D



34



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
CS-Committee Substitute
CSP-Companion or similar bill passed
DCH-Died on house calendar
DM-Died in messages
FVIH-Failed vote for introduction in house
HB-House Bill
ID-Introduction deferred
LTH-Laid on table in house


HB
1-D Evidence code (Richmond) 2 ID
2-D Limitations of actions (Bell) 2, 5, 6 LTH/CSP
3-D Marketable record titles (Bell) (CS)2, 6, 7 LTH/CSP
4-D County boundaries (Forbes) 11, 28 Ch. 78-421
5-D Introduction deferred
6-D Public lands (Craig) 23-24 FVIH
7-D Cemetery act (Craig) 10-11, 28 Ch. 78-407
8-D Introduction deferred
9-D Introduction deferred
10-D Introduction deferred
11-D Eminent domain (Moffitt) 12, 28 Ch. 78-422
12-D Nassau County (Crady) 24 DM
13-D Department of Transportation (Easley) 24-25 FVIH
14-D Nursing homes (Sheldon) 13 DCH
15-D Introduction deferred
16-D Evidence code (Richmond) 12, 28 Ch. 78-379
17-D Introduction deferred
18-D Introduction deferred
19-D Public lodging and food service (Haben) 22-23 DCH
20-D Introduction deferred
21-D Department of Professional and Occupational Regula-
tion (Cox) 21-22, 28 Ch. 78-431
22-D Laetrile (Young) 25 FVIH
23-D Nursing homes (Sheldon) 22, 28 Ch. 78-393
24-D Comprehensive health education (Carlton) 25, 28 Ch.
78-432
25-D Introduction deferred
26-D Professional and occupational licensing (Malloy) 24, 28
Vetoed
27-D Introduction deferred
28-D Introduction deferred



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
SB-Senate Bill

SB
1-D Sales tax (Childers, W.) 5, 7-8 Ch. 78-299
2-D Land use management (Vogt) 5, 12-13 Ch. 78-287
3-D Workmen's compensation (Barron) 4, 13-21, 25-26 Ch.
78-300
4-D Marketable record titles (Hair) 4, 6-7 Ch. 78-288
5-D Limitations of civil actions (Hair) 5-6 Ch. 78-289
6-D State lands (Hair) 4, 10, 26-27 Ch. 78-301
7-D Public Service Commission (Vogt) 4, 8-9, 10 Ch. 78-426
11-D Cosmetology (Childers, W.) 27-28 Ch. 78-429
12-D Education (Peterson) 27 Vetoed



INDEX



35