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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: December 1979
 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: UF00027772:00076
 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
    November 1979
        Tuesday, November 27
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
            Page 18
            Page 19
        Wednesday, November 28
            Page 20
            Page 21
            Page 22
            Page 23
            Page 24
            Page 25
            Page 26
            Page 27
            Page 28
            Page 29
            Page 30
            Page 31
            Page 32
            Page 33
            Page 34
            Page 35
            Page 36
            Page 37
        Thursday, November 29
            Page 38
            Page 39
            Page 40
            Page 41
            Page 42
            Page 43
            Page 44
            Page 45
            Page 46
            Page 47
            Page 48
            Page 49
        Friday, November 30
            Page 50
            Page 51
            Page 52
            Page 53
            Page 54
            Page 55
            Page 56
            Page 57
            Page 58
    December 1979
        Monday, December 3
            Page 59
            Page 60
            Page 61
            Page 62
            Page 63
            Page 64
            Page 65
            Page 66
            Page 67
            Page 68
            Page 69
            Page 70
        Tuesday, December 4
            Page 71
            Page 72
    Index
        Contents
            Page 73
        Members of the House with Bills Sponsored
            Page 74
            Page 75
        Bills and Resolutions Sponsored by Committees
            Page 76
        Miscellaneous Subjects
            Page 76
        Vetoed Bills
            Page 76
        Subject Index of House and Senate Bills, Resolutions, and Memorials
            Page 77
            Page 78
            Page 79
        House Bills and Resolutions by Number, Subject, Sponsor, and Disposition
            Page 80
        Senate Bills and Resolutions (Received in House) by Number, Subject, Sponsor, and Disposition
            Page 80
Full Text


Journal
of the

House of Representatives



Special



Session



of the
Sixth Legislature
under the Constitution as Revised in 1968






NOVEMBER 27 through DECEMBER 4, 1979
[Including a record of transmittal of Acts subsequent to sine die adjournment]







MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (88); Republicans in Italic (82)]

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 Bolley L. "Bo" Johnson, Gulf Breeze
5 Kenneth E. "Ken" Boles, Fort Walton Beach
6 James G. Ward, Fort Walton Beach
Holmes, parts of Jackson, Walton, Washington
7 Sam Mitchell, Vernon
Parts of Bay, Walton, Washington
8 Ronald Clyde "Ron" Johnson, Panama City
Calhoun, Gulf, parts of Bay, Gadsden, Jackson, Liberty
9 Leonard J. Hall, Panama City
Franklin, parts of Gadsden, Jefferson, Liberty,
Taylor, Wakulla
10 James Harold Thompson, Quincy
Leon, parts of Jefferson, Madison, Wakulla
11 Don C. Price, 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 A. Crady, Yulee
Part of Duval
16 Arnett E. Girardeau, D.D.S., Jacksonville
17 John Thomas, Jacksonville
18 John W. Lewis, Jacksonville
19 Andrew E. "Andy" Johnson, Jacksonville
20 Carl Ogden, Jacksonville
21 Thomas L. "Tommy" Hazouri, Jacksonville
22 Steve Pajcic, Jacksonville
23 Frederick B. "Fred" Tygart, Jacksonville
24 William G. Bankhead, Jacksonville
Bradford, Clay, part of St. Johns
25 Frank Williams, Starke
Alachua, parts of Marion, Putnam, Union
26 Sidney "Sid" Martin, Hawthorne
27 Jon L. Mills, Gainesville
Parts of Flagler, Putnam, St. Johns
28 Hamilton D. Upchurch, Elkton
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
(Deceased April 11, 1980)
32 Christian "Chris" Meffert, Ocala
(Elected May 27, 1980 to succeed Representative
McCall)
Parts of Orange, Seminole
33 Bob Hattaway, Altamonte Springs
Parts of Lake, Marion, Seminole
34 Bobby Brantley, Longwood
Parts of Lake, Marion, Sumter
35 Everett A. Kelly, Tavares
Parts of Hernando, Pasco, Polk, Sumter
36 Charles R. "Chuck" Smith, 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 Richard "Rich" Crotty, 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 Winston W. "Bud" Gardner, Jr., Titusville
46 Marilyn Bailey Evans, Melbourne
47 Timothy D. "Tim" Deratany, Indialantic

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 Peter M. Dunbar, Dunedin
54 S. Curtis "Curt" Kiser, Palm Harbor
55 James Harrison "Jim" Smith, Jr., Clearwater
56 Betty Easley, Largo
57 Dennis L. Jones, D.C., St. Petersburg
58 George F. Hieber, II, St. Petersburg
59 Robert E. "Bob" Melby, O.D., St. Petersburg







District
60 T. M. "Tom" Woodruff, St. Petersburg
61 Dorothy Eaton Sample, St. Petersburg
Parts of Hillsborough, Polk
62 Carl Carpenter, Jr., Plant City
63 John L. Ryals, Brandon
64 Malcolm E. Beard, Seffner
(Resigned March 25, 1980)
64 John A. Grant, Jr., Tampa
(Elected March 25, 1980 to succeed
Representative Beard)
65 James S. "Trooper Jim" Foster, Tampa
Part of Hillsborough



66
67
68
69
70



H. Lee Moffitt, Tampa
Elvin L. Martinez, Tampa
Richard S. "Dick" Hodes, M.D., Tampa
George H. Sheldon, Tampa
Helen Gordon Davis, Tampa



Hardee, parts of Manatee, Sarasota
71 Ralph H. Haben, Jr., Palmetto
72 Lawrence F. "Larry" Shackelford, Palmetto
Parts of Charlotte, Manatee, Sarasota



73
74



Thomas E. "Tom" Danson, Jr., Sarasota
Ted Ewing, Venice



DeSoto, parts of Charlotte, Highlands, Sarasota
75 Frederic H. "Fred" Burrall, Port Charlotte
Parts of Martin, St. Lucie
76 Charles L. "Chuck" Nergard, Port St. Lucie
Parts of Martin, Okeechobee, Palm Beach
77 William G. "Doe" Myers, M.D., Hobe Sound
Parts of Broward, Palm Beach



78
79
80
81
82
83



Ray Liberti, West Palm Beach
Eleanor Weinstock, Palm Beach
James L. "Jim" Watt, Lake Park
Edward J. "Ed" Healey, West Palm Beach
Gene Campbell, Royal Palm Beach
Thomas F. "Tom" Lewis, North Palm Beach



Part of Broward
84 Thomas J. "Tom" Bush, Fort Lauderdale



District
85 Terence T. "Terry" O'Malley, Fort Lauderdale
86 Linda C. Cox, Fort Lauderdale
87 Stephen James "Steve" Warner, Pompano Beach
88 Tom Gustafson, Fort Lauderdale
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 Frederick "Fred" Lippman, Hollywood
95 Walter C. "Walt" Young, Pembroke Pines
96 Lawrence J. "Larry" Smith, Hollywood
97 David J. Lehman, M.D., Hollywood
Part of Dade



98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119



Elaine Gordon, North Miami
Barry Kutun, Miami Beach
Virginia L. Rosen, North Miami
Harold W. "Hal" Spaet, Miami Beach
Gwen Margolis, North Miami Beach
Ronald A. "Ron" Silver, North Miami Beach
William H. "Bill" Lockward, Miami Lakes
Joe Lang Kershaw, Miami
Carrie P. Meek, Miami
A. M. "Tony" Fontana, Miami Lakes
Robert "Bob" Reynolds, Miami
Joseph M. "Joe" Gersten, Miami
Roberta Fox, Coral Gables
C. Thomas "Tom" Gallagher, III, Coconut Grove
Lawrence H. "Larry" Plummer, Miami
William E. "Bill" Sadowski, Miami
Robert C. "Bob" Hector, Miami
James F. "Jim" Eckhart, Miami
Gene Flinn, Miami
Bill Flynn, Miami
John Cyril Malloy, Miami
Lawrence R. "Larry" Hawkins, Miami



Monroe, part of Dade
120 Joe Allen, Key West



OFFICERS OF THE HOUSE OF REPRESENTATIVES



Speaker-J. Hyatt Brown



Clerk-Allen Morris



Speaker pro tempore-Richard S. Hodes



I



Sergeant at Arms-Wayne Westmark













Wi e Jourual OF THE


'Vouse of Represerqtatives

SPECIAL SESSION



Tuesday, November 27, 1979


Beginning of a Special Session of the Sixth Legislature under the Constitution as Revised in 1968, convened by
Proclamation of the Governor and held at the Capitol in the City of Tallahassee in the State of Florida, on Tues-
day, November 27, 1979.



The House was called to order at 2:00 p.m. by the Honorable
J. Hyatt Brown, Speaker, pursuant to the following proclama-
tion, which was read:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Governor's Tax Reform Commission was
created and given the responsibility to review the adequacy of
Florida's state financial structure to support the current level
of programs and the fairness of Florida's tax structure in
distributing the burden of taxation, while at the same time
providing security for Florida's homeowners, condominium
owners and renters from excessive property taxes, in order to
consider and make recommendations as to tax policy to assist
in the attainment of the State's goals of promoting economic
prosperity, increasing the availability of jobs for Florida's
citizens and supporting community revitalization and energy
conservation, and
WHEREAS, the Tax Reform Commission has met and has
diligently carried out its prescribed duties, and
WHEREAS, on October 26, 1979, the Tax Reform Com-
mission presented its recommendations to the Governor, and

WHEREAS, the Governor has carefully reviewed the recom-
mendations presented by the Tax Reform Commission and has
adopted a substantial number of them and in some cases has
modified such proposals, and
WHEREAS, immediate legislative action is required in order
to insure the successful implementation of a program of tax
reform for the citizens of Florida, and

WHEREAS, certain other pressing matters, as more par-
ticularly described below, have arisen which will require im-
mediate legislative action, and
WHEREAS, it is necessary and in the public interest of the
citizens of the State of Florida that the Legislature be con-
vened in special session to consider the legislative business
described in Section 2 hereof;

NOW, THEREFORE, I, BOB GRAHAM, Governor of
Florida, in obedience to my constitutional duty and by virtue



of the power and authority vested in me by Article III, Section
3(c) (1), Florida Constitution, do hereby proclaim as follows:
Section 1
That the Legislature of the State of Florida be and is hereby
convened in special session pursuant to Article III, Section
3(c) (1), Florida Constitution, at the Capitol, Tallahassee,
Florida, commencing at 2:00 p.m. on Tuesday, November 27,
1979, and extending through 5:00 p.m., Friday, November 30,
1979.
Section 2
That the Legislature is convened for the sole purpose of
considering the following matters:
1. Revision of Article VII of the Florida Constitution as
follows:
(a) Amendments to Section 1 providing for state expendi-
ture limitations and stabilization;

(b) Amendments to Section 3 extending the exceptions
authorized in Subsection (b) to all residents and to widowers
and authorizing ad valorem exemptions for community rede-
velopment and economic development;
(c) Amendments to Section 4 authorizing preferential assess-
ment, classification or exemption for stock and trade, livestock
and property used for energy conservation or community re-
development, setting forth the standard to be used to establish
just value and authorizing a fractional assessment for prop-
erty;
(d) Amendments to Section 5 providing for estate tax li-
ability to the extent of federal credit without regard to other
states' taxing policies and for the deletion of an unnecessary
subsection (c);
(e) Amendments to Section 6 providing for homestead
exemptions and authorizing ad valorem tax relief for perma-
nent residents;

(f) Amendment to Section 8 providing for the use of state
ratio studies as a condition on aid to local governments;
(g) Amendment to Subsection 9(b) providing for additional
school capital outlay millage to be voted up to ten (10) years;
(h) Amendments to create new sections providing for state
homeowner and renter housing assistance programs; com-
munity redevelopment programs; and a schedule for this re-
1








JOURNAL OF THE HOUSE OF REPRESENTATIVES



vision providing an effective date and which language shall
prevail in the event that more than one amendment to a section
is adopted.
2. Amendment and revision of the general laws of Florida
regarding ad valorem assessment and collection practices and
State review thereof.
3. Amendments to Chapter 27, Florida Statutes, providing
which public defenders shall handle appeals in the Fifth Ap-
pellate District.
4. Amendments to Article V, Section 3(a) and (b) of the
Florida Constitution, concerning the organization and judicial
jurisdiction of the Florida Supreme Court.
5. Amendments to Chapter 659, Florida Statutes, for the
purpose of considering lawfully authorized places where Florida
banking institutions may transact commercial banking business.
6. Amendments to Chapter 79-183, Laws of Florida, relating
to local government audits.
7. Laws relating to the submission of items 1 and 4 to a
special election called for March 11, 1980.

IN TESTIMONY WHEREOF, I have
of'THE S hereunto set my hand and caused
the Great Seal of the State of
Florida to be affixed to this Procla-
Smation convening the Legislature in
special session, at the Capitol, this
21st day of November, 1979.
0 WX BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State

Subsequently, the following amended proclamation also 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 21st day of November, 1979, a Proclama-
tion of the Governor was issued convening a special session of
the Florida Legislature commencing on the 27th day of Novem-
ber, 1979, and
WHEREAS, it is necessary and in the best interest of the
State to amend the Proclamation of the Governor of November
21, 1979 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, BOB GRAHAM, 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 3(c)(1), Florida Constitution, do hereby proclaim
as follows:
Section 1
That the Legislature of the State of Florida be and is hereby
convened in special session pursuant to Article III, Section
3(c) (1), Florida Constitution, at the Capitol, Tallahassee, Flor-



Section 2
That the Legislature is convened for the sole purpose of con-
sidering the following matters:
1. Revision of Article VII of the Florida Constitution as
follows:
(a) Amendments to Section 1 providing for state expendi-
ture limitations and stabilization;
(b) Amendments to Section 3 extending the exceptions au-
thorized in Subsection (b) to all residents and to widowers and
authorizing ad valorem exemptions for community redevelop-
ment and economic development;
(c) Amendments to Section 4 authorizing preferential as-
sessment, classification or exemption for stock in trade, live-
stock, property used for energy conservation or community
redevelopment and environmentally endangered lands, and
setting forth the standard to be used to establish just value
and authorizing a fractional assessment for property;
(d) Amendments to Section 5 providing for estate tax
liability to the extent of federal credit without regard to other
states' taxing policies and for the deletion of an unnecessary
subsection (c);
(e) Amendments to Section 6 providing for homestead ex-
emptions and authorizing ad valorem tax relief for permanent
residents;
(f) Amendment to Section 8 providing for the use of state
ratio studies as a condition on aid to local governments;
(g) Amendment to Subsection 9(b) providing for additional
school capital outlay millage to be voted up to ten (10) years;
(h) Amendments to create new sections providing for
state homeowner and renter housing assistance programs; com-
munity redevelopment programs; and a schedule for this revi-
sion providing an effective date and which language shall pre-
vail in the event that more than one amendment to a section
is adopted.
2. Amendment and revision of the general laws of Florida
regarding ad valorem assessment and collection practices and
State review thereof.
3. Amendments to Chapter 27, Florida Statutes, providing
which public defenders shall handle appeals in the Fifth Appel-
late District and providing an appropriation of $302,629 for
operations in fiscal year 1979-1980 for the Fifth District Court
of Appeal.
4. Amendments to Article V, Section 3(a) and (b) of the
Florida Constitution, concerning the organization and judicial
jurisdiction of the Florida Supreme Court.
5. Amendments to Chapter 659, Florida Statutes, for the
purpose of considering lawfully authorized places where Flor-
ida banking institutions may transact commercial banking
business.
6. Amendments to Chapter 79-183, Laws of Florida, relat-
ing to local government audits.

7. Laws relating to the submission of items 1 and 4 to a
special election called for March 11, 1980.

8. Amendments to Section 570.15(1) and (2), Florida Stat-
utes, regarding individuals who have access to regulated
premises or vehicles, access to documents, issuance of search



ida, commencing at 2:00 p.m. on Tuesday, November 27, 1979,
and extending through 5:00 p.m., Friday, November 30, 1979.



2



November 27, 1979



warrants, establishment of administrative probable cause, and
requiring vehicles to submit to inspection.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Section 3
Except as amended by this Proclamation, the Proclamation
of the Governor dated November 21, 1979 is ratified and con-
firmed.

k TE SriIN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida
0 .to be affixed at Tallahassee, the
Capitol, this 27th day of November,
coowV' 1979.

BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State

The following Members were recorded present:



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn



Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gordon
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw



Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
"Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson



Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Excused: Representative Fontana due to death in family; Rep-
resentative Reynolds due to illness; Representative Gordon at
2:20 p.m.

A quorum was present.

Prayer

Prayer was offered by Representative James Harold Thomp-
son.

Pledge

The Members pledged allegiance to the Flag.

Journal

The Journals of June 6, Regular and Special Sessions, were
approved.

Committee to Senate
On motion by Mr. Bell, the rules were waived and the Speaker
appointed Representatives Bell, Kiser, and Moffitt as a com-



mittee to notify the Senate that the House was convened and
ready to transact business. The committee was excused to per-
form its assignment.

Committee from Senate
A committee from the Senate, consisting of Senators Scar-
borough, Hill, and Scott, was received and announced that the
Senate was convened and ready to transact business.

Committee to Governor
On motion by Mr. Kutun, the rules were waived and the
Speaker appointed Representatives Kutun, Pajcic, and Rich-
mond as a committee to notify the Governor that the House
was convened and ready to transact business. The committee
was excused to perform its assignment.

Recognition of Speaker's Education Task Force
On motion by Mr. Haben, the rules were waived and the
regular order of business was suspended for a recognition cere-
mony, and the Speaker appointed Representatives Young, Davis,
and Hodes as a committee to escort members of the Speaker's
Education Task Force to the well.

By Representative Brown-
HR 1-C-A resolution recognizing the exemplary services per-
formed and accomplishments attained by the public schools task
force appointed from the business community for the improve-
ment of management in the state's public schools.
WHEREAS, it is of importance that the public school system
in the State of Florida be improved to ensure the citizens of
the state the best possible education utilizing the most efficient
management practices available, and
WHEREAS, the business community in the State of Florida
is keenly interested in improving the calibre of education avail-
able in the state and is best qualified to examine management
practices in our public schools, and
WHEREAS, a public schools task force appointed from with-
in the business community, consisting of Richard L. Brown
(Alexander Grant & Company), David N. Campbell (Tampa
Electric Company), William F. Chastain, Jr. (Arthur Andersen
& Co.), C. L. Cuthbertson, Jr. (Southern Bell Telephone & Tele-
graph Company), Richard B. McKnight (Price Waterhouse &
Co.), Charles 0. Norman (American Heritage Life Insurance
Company) and Frank J. Perez (Arthur Young and Company),
was formed for the purpose of examining management in the
public schools, and
WHEREAS, the seven executives appointed to the task force
contributed many hours and a substantial amount of money to
the examination of management in the public schools, and
WHEREAS, many recommendations made by the task force
to the Speaker of the House of Representatives were imple-
mented in the 1979 Appropriations Act, and
WHEREAS, the members of the task force are still involved
in upgrading our public schools by acting as an advisory board
on various management issues and by giving speeches in various
school districts for the purpose of helping the districts improve
their management of public funds, and
WHEREAS, the State of Florida is indebted to these execu-
tives for the time, interest and knowledge which they have
devoted towards solving a public problem, and
WHEREAS, the House of Representatives should commend
these men for their efforts, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida:
That the House of Representatives hereby commends Richard



L. Brown, David N. Campbell, William F. Chastain, Charles L.
Cuthbertson, Richard B. McKnight, Charles 0. Norman and
Frank J. Perez for their untiring and unselfish efforts expended
in behalf of better education in the state and hereby accords
this expression in recognition and appreciation of the invaluable
service thus rendered to the citizens of the state.



3



November 27, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



B13E IT FURTHER RESOLVED that copies of this resolution
be presented to Richard L. Brown, David N. Campbell, William
F. Chastain, Jr., C. L. Cuthbertson, Jr., Richard B. McKnight,
Charles 0. Norman and Frank J. Perez as a tangible token of
the sentiments expressed herein.
-was read the first time by title. On motions by Mr. Haben,
the rules were waived and the resolution was read the second
time in full and adopted.

The following honorees were escorted to the rostrum, where
they were presented to the House by the Speaker: David N.
Campbell (Tampa Electric Company); William F. Chastain, Jr.
(Arthur Andersen & Co.); C. L. Cuthbertson, Jr. (Southern Bell
Telephone & Telegraph Company); Richard B. McKnight (Price
Waterhouse & Co.); Charles 0. Norman (American Heritage
Life Insurance Company); and Frank J. Perez (Arthur Young
and Company). Richard L. Brown (Alexander Grant & Com-
pany) was unable to attend because of illness.

The Speaker commended the panel of business men for their
willingness to share their expertise in management and to
serve without compensation to help Florida schools. Each was
presented with a framed copy of the resolution, after which
the committee escorted them from the Chamber.

Recognition of Mrs. Devins
On motion by Mr. Boles, the rules were waived and the regu-
lar order of business was suspended for a recognition cere-
mony. The Speaker appointed Representative Boles to escort
Mrs. Linda Devins to the well. Mr. Boles presented Mrs.
Devins, an artist from Fort Walton Beach. A seascape, painted
by Mrs. Devins and presented to the House, was unveiled,
after which she was escorted from the Chamber.

Introduction and Reference

HR 1-C-Adopted earlier.

By Representatives Moffitt and Davis-
HJR 2-C-A joint resolution proposing an amendment to
Section 8 of Article V of the State Constitution, relating to
the judiciary.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.

By Representatives Moffitt and Davis-
HB 3-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5
of Article XI of the State Constitution for the approval or
rejection by the electors of Florida of a joint resolution amend-
ing Section 8 of Article V of the State Constitution to permit
any justice or judge who attains the age of 70 to complete his
term of office; providing for publication of notice and for pro-
cedures; providing an effective date.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.

By Representative Mills-
HB 4-C-A bill to be entitled An act relating to the excise
tax on documents; creating s. 201.132, Florida Stautes; authoriz-
ing certain persons to collect the tax without affixing stamps
to the document involved in the transaction; requiring such per-
sons, unless they are elected officials, to apply for a certificate
of registration from the Department of Revenue and providing
for the issuance of such certificates; requiring such persons to
maintain certain records and to submit a report to the depart-
ment each month together with a remittance of the tax due:



requiring certain information to be maintained and reported on
nontaxable transactions; amending ss. 201.12 and 201.17(2),
Florida Statutes, to conform provisions relating to duties of



the clerks of the circuit courts and penalties; providing an
effective date.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.

By Representatives Hollingsworth and Hodges-
HB 5-C-A bill to be entitled An act relating to local govern-
ment; amending s. 11.45(3) (a), Florida Statutes, as amended;
requiring that the Auditor General annually make postaudits
of the accounts and records of county agencies; amending s.
218.32(1) (b), Florida Statutes, as amended; deleting certain
requirements with respect to annual financial reports submitted
by units of local government to the Department of Banking
and Finance; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Community Affairs and Appropriations.

By Representative Ewing-
HJR 6-C-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution relating to
homestead exemption.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Ewing-
HJR 7-C-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution relating to
homestead exemption.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Ewing-
HJR 8-C-A joint resolution proposing an amendment to
Section 1 of Article VII of the State Constitution relating to
state appropriations.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Kiser-
HJR 9-C-A joint resolution proposing an amendment to
Section 1, Article VII of the State Constitution, relating to
finance and taxation; providing that in no year shall the rate
of increase in appropriations from state general tax revenues
exceed the estimated rate of growth of the economy of the
state as determined by law; providing that no appropriation
in excess of this limitation shall be made unless the legislature
sets forth the dollar amount and rate by which the limit will
be exceeded; providing for a three-fifths vote of each house of
the legislature to adopt any appropriation in excess of the
limitation; providing for a working capital fund; providing for
tax relief.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representatives Kutun, Dunbar, Young, Gustafson, Ger-
sten, Kiser, Gallagher, T. F. Lewis, Mica, Martinez, Silver,
Richmond, Bush, and J. H. Smith-
HB 10-C-A bill to be entitled An act relating to con-
dominiums and cooperatives; amending ss. 718.401(4) (a) and
719.401(4) (a), Florida Statutes, providing additional purposes
for which the court may authorize disbursement to the lessor
of leasehold rents deposited into the registry of the court during
the course of litigation; providing an effective date.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview
of the Call.

By Representative Bush-



HB 11-C-A bill to be entitled An act relating to education;
creating the "Balanced Treatment for Scientific Creationism and
Evolution Act"; providing legislative findings and intent; pro-



November 27, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



viding definitions; requiring balanced treatment; prohibiting re-
ligious instruction under certain circumstances; providing for
nondiscrimination; providing applicability; providing an effec-
tive date.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.

By the Committee on Commerce-
HB 12-C-A bill to be entitled An act relating to banking;
amending s. 659.06, Florida Statutes, relating to places of trans-
acting banking business; removing certain restrictions upon the
number and location of branch banks; authorizing the establish-
ment of branch banks by merger with banks throughout the
state; providing restrictions; requiring rules; specifying stand-
ards for review of branch bank applications; declaring certain
facilities located on military bases or installations to be branch-
es; providing an effective date.



tion; providing that nothing in chapter 197 shall be construed
to prevent the tax collector or other public official from giv-
ing additional notice beyond minimum requirements; amend-
ing ss. 197.151(2) and 197.156(1), Florida Statutes, relating
to redemption of tax sale certificates belonging to the county
and those sold to purchasers other than the county, and s.
197.266(1), Florida Statutes, relating to sale at public auction;
providing for payment of costs incurred for said personal serv-
ice; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Judiciary and Appropriations.

By the Committee on Finance & Taxation-
HB 17-C-A bill to be entitled An act relating to ad valorem
taxes; amending s. 197.013, Florida Statutes; providing for
payment of installments; providing for postage; providing for
distribution of taxes; providing for notice; providing an ef-
fective date.



-was read the first time by title and placed on the Calendar -was read the first time by title and referred to the Corn-
without reference. mittee on Appropriations.



By the Committee on Judiciary-
HB 13-C-A bill to be entitled An act relating to the public
defender; amending' s. 27.51(4), Florida Statutes, providing
which public defender shall handle appeals in the fifth appellate
district; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Haben-
HR 14-C-A resolution providing that the House Select Com-
mittee on Energy shall have the powers of a standing committee.
-was read the first time by title and placed on the Calendar
without reference.

By the Committee on Community Affairs-
HB 15-C-A bill to be entitled An act relating to local gov-
ernment; creating a County Audit Trust Fund and providing
for distribution of funds therein to the counties; providing duties
of the Department of Community Affairs; providing an appro-
priation from the fund to the department; creating the Auditing
Selection Act; providing definitions; providing procedures for
units of local government to obtain independent auditing ser-
vices; providing for public announcements; providing for estab-
lishment of auditor qualification committees in noncharter coun-
ties and providing duties thereof with respect to selection of
qualified auditors; requiring competitive bidding by qualified
auditors; amending s. 129.04, Florida Statutes; providing for
annual county postaudits; providing for discussion of auditor's
comments with county officers; providing for written statements
in response thereto; amending s. 11.45(3) (a), Florida Statutes;
providing a date for submission of certain county postaudits;
amending s. 218.32(1) (b), Florida Statutes; deleting the require-
ment that information in the annual financial report of certain
local governments be completed by a certified public accountant;
providing effective and expiration dates.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Finance & Taxation and Representatives
Thompson, Morgan, Margolis, and Pajcic-
HB 16-C-A bill to be entitled An act relating to tax sales;
amending s. 197.072(1), Florida Statutes; providing that, if
applicable, notice of taxes shall include the fact that back
taxes are unpaid; adding new subsection (2) to s. 197.116,
Florida Statutes; providing that tax certificates with less than
$100 of delinquent taxes on homestead property shall be issued
to the county and providing restrictions with respect to ob-
taining tax deeds thereon; amending ss. 197.062(3) and 197.-
141(1), Florida Statutes, relating to advertisement of property
with delinquent taxes and transferability of tax sale certifi-
cates, providing an exception with respect to such tax cer-
tificates; amending s. 197.256, Florida Statutes; providing a
clear notice of pending sale; providing for notice to owner
through personal service by sheriff; providing an excep-



By the Committee on Finance & Taxation-
HB 18-C-A bill to be entitled An act relating to ad valorem
taxation; providing legislative intent with respect to equaliza-
tion of funding efforts among school districts; amending s.
236.081(4), Florida Statutes; providing duties of Department
of Revenue and Commissioner of Education with respect to
computation of required local effort under the Florida Educa-
tion Finance Program; providing for consideration of the school
district's assessment level; providing a limitation; providing
definitions; amending s. 236.25(1), Florida Statutes; providing
requirements with respect to computation of the district school
tax; amending s. 195.098(1) and (2), Florida Statutes; provid-
ing duties of the Assessment Administration Review Commis-
sion with respect to complaints relating to the determination
of the level of assessment; providing for actions by the school
board or the Commissioner of Education to contest such de-
termination; amending s. 195.096, Florida Statutes; providing
requirements with respect to review of county assessment rolls
by the Division of Ad Valorem Tax; revising time periods;
providing for publication of results; providing for determina-
tion of projected levels of assessment for certain counties;
providing requirements with respect to audits of the admin-
istration of ad valorem tax laws by the Auditor General;
amending s. 195.097, Florida Statutes; providing requirements
and procedures with respect to notification by the executive
director of the department to property appraisers regarding
defects in assessment rolls; providing duties of property ap-
praiser upon receipt of an administrative order relating there-
to; providing for continuing supervision; revising time periods
and providing for an extension of deadlines; providing an
appropriation; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.
By Representatives Thompson and Morgan-
HJR 19-C-A joint resolution proposing an amendment to
Section 3 of Article VII and the creation of Section 18 of
Article XII of the State Constitution relating to ad valorem
taxation.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Finance & Taxation-
HJR 20-C-A joint resolution proposing amendments to Sec-
tions 1 and 6 of Article VII of the State Constitution relating
to finance and taxation.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By the Committee on Finance & Taxation-
HJR 21-C-A joint resolution proposing amendments to sec-
tions 3 and 9, and the creation of sections 16 and 17 of Article
VII of the State Constitution relating to finance and taxation.
-was read the first time by title and referred to the Com-
mittee on Appropriations.



November 27, 1979



5








JOURNAL OF THE HOUSI



By the Committee on Finance & Taxation-
HJR 22-C-A joint resolution proposing amendments to Sec-
tions 3, 4, 6, 8 and 9 of Article VII of the State Constitution
relating to finance and taxation.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

By Representative Nuckolls-
HJR 23-C-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution relating to
homestead exemption.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Nuckolls-
HB 24-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5 of
Article XI of the State Constitution for the approval or rejec-
tion by the electors of Florida of a joint resolution amending
Section 6 of Article VII of the State Constitution revising the
computation of the homestead exemption, deleting the increased
exemptions for persons 65 and over or totally and permanently
disabled, and allowing ad valorem tax relief to renters; pro-
viding for publication of notice and for procedures; providing
an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Nuckolls-
HJR 25-C-A joint resolution withdrawing Senate Joint Reso-
lution No. 1-B, entitled "A joint resolution proposing an amend-
ment to Section 6 of Article VII of the State Constitution
relating to ad valorem tax relief."
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Nuckolls-
HB 26-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5 of
Article XI of the State Constitution for the approval or re-
jection by the electors of Florida of a joint resolution amending
Section 6 of Article VII of the State Constitution relating to ad
valorem tax relief; repealing chapter 79-406, Laws of Florida,
which provides for such election; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Kiser-
HB 27-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5
of Article XI of the State Constitution for the approval or
rejection by the electors of Florida of a joint resolution pro-
posing an amendment to Section 1 of Article VII of the State
Constitution relating to the rate of increase in appropriations
from state general tax revenues; providing for publication of
notice and for procedures; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Kiser-
HJR 28-C-A joint resolution proposing amendments to Sec-
tions 1 and 8, Article VII of the State Constitution, relating to
finance and taxation; providing that in no year shall the rate of
increase in appropriations from state general tax revenues
exceed the estimated rate of growth of the economy of the state
as determined by law; providing that no appropriation in excess
of this limitation shall be made unless the legislature sets forth
the dollar amount and rate by which the limit will be exceeded;



providing for a two-thirds vote of each house of the legislature
to adopt any appropriation in excess of the limitation; pro-
viding for a working capital fund; providing for tax relief;
providing that, pursuant to general law enacted by a two-thirds



OF REPRESENTATIVES November 27, 1979

vote of each house of the legislature, relative county assessment
levels may be used in the appropriation of state funds to the
counties.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By Representative Kiser-
HB 29-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5
of Article XI of the State Constitution for the approval or
rejection by the electors of Florida of a joint resolution pro-
posing amendments to Sections 1 and 8 of Article VII of the
State Constitutitution relating to the rate of increase in appro-
priations from state general tax revenues and relative ad
valorem assessment levels of the counties in the appropriation
of state funds; providing for publication of notice and for pro-
cedures; providing an effective date.
-was read the first time by title and referred to the Com-
mittees on Finance & Taxation and Appropriations.

By the Committee on Finance & Taxation-
HB 30-C-A bill to be entitled An act relating to ad valorem
taxation; creating s. 193.1145, Florida Statutes, providing in-
tent; providing for interim assessment rolls under specified
circumstances; specifying the valuations to be shown on such
assessment rolls; requiring taxing units to levy provision
millage rates upon such assessment rolls and to certify the
rates to the property appraiser; providing for the applicability
of certain laws to such rates; providing duties of property
appraisers, tax collectors, and circuit court clerks with respect
to such interim assessment rolls; specifying certain notice in
tax bills based on such assessment rolls; providing for the
recomputation of millage rates and for the reconciliation of
interim and approved assessment rolls for certain purposes;
providing for and restricting billings and refunds based upon
such reconciliation; authorizing delays in supplemental billing or
refunding; providing a form for notice of supplemental bills
or refunds; providing for review of interim assessments; pro-
viding for the applicability of certain delinquent tax provisions
to delinquent provisional taxes based upon such interim assess-
ment rolls; providing that the recomputation of millage rates
shall not affect the amount of revenues to school districts,
counties and municipalities; providing for the effect of pro-
visional millage rates levied by multi-county taxing authorities;
amending s. 197.012, Florida Statutes, specifying an alterna-
tive date by which tax collectors must collect delinquent taxes;
creating s. 197.0125, Florida Statutes, authorizing certain de-
lays in time requirements relating to the collection of or
administrative procedures regarding delinquent taxes; amend-
ing s. 120.57(1) (b), Florida Statutes, conforming provisions
relating to formal proceedings to the act; creating s. 120.571,
Florida Statutes, providing uniform procedures for decisions
relating to the levy, assessment or refund of certain taxes,
tax roll approvals, and county assessment levels; including
the Comptroller as a party in matters involving refunds; pro-
viding that the hearing officer's order shall constitute final
agency action; providing for judicial review; adding a new
subsection (3) to s. 120.65, Florida Statutes, creating a bureau
within the Division of Administrative Hearings of the Depart-
ment of Administration to conduct hearings relating to such
taxes, tax roll approvals, and county assessment levels; adding
a new subsection (2) to s. 120.69, Florida Statutes, providing
for the enforcement of final agency action on such tax matters;
providing for severability; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.

Consideration of HR 14-C
On motions by Mr. Haben, the rules were waived and-
HR 14-C-A resolution providing that the House Select Com-
mittee on Energy shall have the powers of a standing committee.



Be It Resolved by the House of Representatives of the State of
Florida:
That the House Select Committee on Energy shall have the
powers of a standing committee of the House of Representatives.
-was read the second time in full and adopted.








JOURNAL OF THE HOUSE



Mr. Haben moved that the rules be waived and all listed bills
(HB's 15-C, 12-C, HJR 33-C, HB 34-C, HB 13-C, HJR's 20-C,
21-C, 22-C, HB's 30-C, 16-C, 17-C, 18-C, and 36-C) on the Special
Order Calendar be withdrawn from the committees of reference
and taken up, which was agreed to by two-thirds vote.

The House advanced to the order of-

Consideration of the Special Order

HB 15-C-A bill to be entitled An act relating to local gov-
ernment; creating a County Audit Trust Fund and providing
for distribution of funds therein to the counties; providing duties
of the Department of Community Affairs; providing an appro-
priation from the fund to the department; creating the Auditing
Selection Act; providing definitions; providing procedures for
units of local government to obtain independent auditing serv-
ices; providing for public announcements; providing for estab-
lishment of auditor qualification committees in noncharter coun-
ties and providing duties thereof with respect to selection of
qualified auditors; requiring competitive bidding by qualified
auditors; amending s. 129.04, Florida Statutes; providing for
annual county postaudits; providing for discussion of auditor's
comments with county officers; providing for written statements
in response thereto; amending s. 11.45(3) (a), Florida Statutes;
providing a date for submission of certain county postaudits;
amending s. 218.32(1) (b), Florida Statutes; deleting the require-
ment that information in the annual financial report of certain
local governments be completed by a certified public accountant;
providing effective and expiration dates.
-was taken up. On motion by Mr. Martin, the rules were
waived and HB 15-C was read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 3, lines 13-31, and on page 4, lines
1-2, strike all of said lines and insert: (1) Funds shall be dis-
tributed to each Board of County Commissioners in the several
counties pursuant to 2(a) and (b) of this section. (2) The
distribution to a Board of County Commissioners shall be de-
termined by:
(a) Applying a factor of 1.1 to the county's total revenue
for the 1977-78 fiscal year as reported in Table B-1 of the Local
Government Financial Report prepared pursuant to s. 218.32(2),
Florida Statutes except that for the consolidated government
of Duval County, a factor of 1.1 shall be applied to the con-
solidated government's total revenue for the 1977-78 fiscal
year as reported in Table B-3 of the Local Government Financial
Report prepared pursuant to s. 218.32(2), Florida Statutes.
(b) Applying a factor of .0015 to the product obtained in
2 (a) of this section.
(c) Applying a factor of 1.5 to the product obtained in 2(b)
of this section.
(d) Those counties which would receive less than $30,000
based upon the calculation in (2) (a) (b) and (c) of this sec-
tion shall be provided a minimum of $30,000 except that no
county shall receive an amount which exceeds 100% of the
amount agreed to by contract between the county and the audi-
tor or auditing firm selected pursuant to this act or by any
other selection method entered into prior to the adoption of this
act.
Mr. Martin moved the adoption of the amendment, which
was adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 2-On page 3, line 10, strike "three million,
three hundred and seventy thousand ($3,370,000)" and insert:
five million, five hundred thousand ($5,500,000)
Mr. Martin moved the adoption of the amendment which
was adopted.



The Committee on Appropriations offered the following
amendment:



November 27, 1979



(d) Should the unit of local government reject all bids, the
selection process shall continue in accordance with this section
until a bid is accepted.
Renumber subsequent subsections accordingly.



OF REPRESENTATIVES 7

Amendment 3-On page 4, lines 23-31; page 5, lines 1-31; and
on page 6, lines 1-28, strike all of said lines and insert a new
subsection (3) and a new subsection (4):
(3) PUBLIC ANNOUNCEMENT, QUALIFICATION PROCE-
DURES AND AUDITOR SELECTION COMMITTEE.-
(a) Notwithstanding any other provision of law, each unit of
local government shall utilize the procedures in this section to
obtain independent auditing services.
(b) Each unit of local government shall adopt criteria for the
evaluation of candidates for auditing services, including, but
not limited to, capabilities, adequancy of personnel, past record
and experience, and such other factors as may be determined by
the unit of local government to be applicable to its particular
requirements.
(c) Each unit of local government shall publicly announce,
in a manner consistent with the provisions of chapter 50, Flor-
ida Statutes, each occasion when auditing services are required.
The announcement shall include a general description of the
services and shall indicate how interested parties can apply for
consideration.
(d) Any firm or individual desiring to provide auditing serv-
ices to the unit of local government must submit proof of
licensure and be determined to be qualified by the unit of local
government or auditor qualification committee pursuant to law
and the requirements of the unit of local government.
(e) Each unit of local government shall encourage firms or
individuals engaged in the practice of public accounting who
desire to provide auditing services to the unit of local govern-
ment to submit a statement of qualifications and performance
data.
(f) The public shall not be excluded from the proceedings
under this section.
(g) In each non-charter county, an Auditor Qualification
Committee shall be established consisting of the county officers
elected pursuant to Article VIII, section 1(d), Florida Constitu-
tion, and one member of the Board of County Commissioners
or its designee.
(h) The Auditor Qualification Committee shall review re-
quests for proposals for auditing services required pursuant to
Chapter 79-183, Laws of Florida.
(i) Following their review of qualifications, abilities of pro-
fessional personnel, past performance, willingness to meet time
and budget requirements, and recent, current and projected
work loads of auditors or auditing firms desiring to perform the
annual independent audit required pursuant to Chapter 79-183,
Laws of Florida, the Auditor Qualification Committee shall de-
termine the firm or firms qualified to perform the required
services.
(j) Nothing in this section shall be construed to impair con-
tracts in force upon the effective date of this act nor to pro-
hibit a unit of local government from contracting for audit
services for a period longer than 1 year.
(4) COMPETITIVE BIDDING PROCEDURES.-
(a) Only the firm or firms qualified under subsection (3)
shall be allowed to competitively bid under this section.
(b) The purchase of auditing services shall be by means of
sealed competitive bids. All such bids shall be opened in public
by the Auditor Qualification Committee which shall recommend
to the Board of County Commissioners the firm submitting the
lowest and best responsible bid received. A bid not conforming
to the requirements established in the selection process pur-
suant to subsection (3) may be rejected without rejecting all
other bids.
(c) The Board of County Commissioners may accept or re-
ject the recommendation of the Auditor Qualification Com-
mittee. If the Board of County Commissioners rejects the rec-
ommendation of the Auditor Qualification Committee, it shall
direct the Auditor Qualification Committee to review the pro-
posals submitted and submit another recommendation.







JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

The Committee on Appropriations offered the following
amendment:
Amendment 4-On page 10, between lines 6 & 7 insert:
Section 7. All agencies, other than state agencies as defined
in this section, district school boards and district boards of
trustees of community colleges shall have the power to have a
performance audit or post audit of their accounts and records
by an independent certified public accountant retained by them
and paid from their public funds.
Renumber subsequent section
Mr. Martin moved the adoption of the amendment, which was
adopted.

Representative Martin offered the following amendment:
Amendment 5-On page 4, between lines 11 & 12, insert a
new subsection (6):
(6) Counties are authorized to utilize the funds provided by
this section to reimburse those county officers elected pursuant
to s.1(d), Article VIII of the State Constitutuion, who, prior to
the effective date of this act, entered into a contract or contracts
with an independent certified public accountant, for a postaudit
of its accounts and records, in furtherance of the obligation
imposed by Chapter 79-183.
Mr. Martin moved the adoption of the amendment, which was
adopted.

Representatives Hattaway and Richmond offered the following
amendment:
Amendment 6 (applies to Amendment 3)-On page 2, lines
25-31, and on page 3, line 1, strike all of said lines and insert:
(a) The purchase of auditing services shall be by means of
competitive negotiations pursuant to subsection (5) of Section
16 of chapter 79-202, Laws of Florida.
Renumber subsequent paragraphs
Mr. Hattaway moved the adoption of the amendment. On
motion by Mr. Martin, the amendment was laid on the table.

Subsequently, Representatives Myers, Spaet, Nergard, Patch-
ett, and Dyer offered the following amendment:
Amendment 7 (applies to Amendment 1)-On page 1, line 16,
after the period insert: (e) Those counties that have contracted
for an independent audit shall receive 100 percent of the amount
agreed to by contract between the county and the auditor or
auditing firm selected pursuant to chapter 79-183, Laws of
Florida, and prior to the adoption of this act.
Dr. Myers moved the adoption of the amendment, which was
adopted.

Representatives Myers, Spaet, Nergard, Patchett, and Dyer
offered the following amendment:
Amendment 8 (applies to Amendment 2)-On page 1, line 2,
strike "five million, five hundred thousand ($5,500,000)" and
insert: five million, five hundred and eighty thousand ($5,580,-
000)
Dr. Myers moved the adoption of the amendment, which was
adopted.

Representative Hollingsworth offered the following amend-
ment:
Amendment 9-Strike everything after the enacting clause
and insert:
Section 1. Paragraph (a) of subsection (3) of section 11.45,
Florida Statutes, as amended by chapter 79-183, Laws of Flor-
ida, is amended to read:
11.45 Definitions; duties; audits; reports.-



(3) (a) 1. The Auditor General shall annually make post-
audits and performance audits of the accounts and records of



all state agencies, as defined in this section, and make post-
audits of the accounts and records of all district school boards,
end district boards of trustees of community colleges and
county agencies as defined in this section.
2. The Auditor General may at any time make postaudits
and performance audits of the accounts and records of gov-
ernmental entities created pursuant to law. The postaudits
and performance audits referred to in this subparagraph shall
be made whenever determined by the Auditor General, when-
ever directed by the Legislative Auditing Committee, or when-
ever otherwise required by law or concurrent resolution.
3. Each local governmental entity created pursuant to law
for which entity a postaudit was not performed pursuant to
subparagraph 1. or subparagraph 2., except municipalities with
annual budgets of less than $100,000, shall require that an an-
nual postaudit of its accounts and records be completed, with-
in 6 months after the end of its respective fiscal year, by an
independent certified public accountant retained by it and
paid from its public funds.
4. Any postaudit required to be performed under subpara-
graph 3. shall be submitted to the Auditor General no later
than 7 months after the end of the fiscal year of the govern-
mental entity. If the Auditor General does not receive the post-
audit within such period, he shall notify the Legislative Audit-
ing Committee that such governmental entity has not complied
with this subparagraph. Following notification of failure to
submit the required audits the Legislative Auditing Committee
may:
a. In the case of a city e eoeenty, notify the Department of
Revenue and the Department of Banking and Finance that
the local unit of government has failed to comply. Upon notifi-
cation the department shall withhold any funds payable to
such governmental entity until the required postaudit is re-
ceived by the Auditor General.
b. In the case of a special district, notify the Department
of Community Affairs that the special district has failed to
provide the required audits. Upon notification, the department
shall proceed pursuant to ss. 165.214 and 165.215.
5. The Auditor General, in consultation with the Board of
Accountancy, shall review all audits completed for local units
of government by an independent certified public accountant.
Section 2. Paragraph (b) of subsection (1) of section
218.32, Florida Statutes, as amended by chapter 79-183, Laws
of Florida, is amended to read:
218.32 Financial reporting; units of local government.-
(1)
(b) Each unit of local government shall submit a copy of
a financial report covering its operations during the preced-
ing fiscal year within 180 days after the close of the fiscal
year. The financial report shall be consistent with the stand-
ards established by the United States Bureau of the Census and
shall contain such information and be in such form as may be
required by the department to adequately assess the financial
conditions of the unit of local government. -The -in-femation
in the fint al repeat enbmitted to the department ehal, ex-
eept fe" municipalties with annual budget e4 less than $ ,1O-
000, e eempleted by a eetified public eeeeoentant retained
by the uit;W ofmeal geve-n t en @ rem it ps bie
*eport bee been completed 4n accordancd e with instrueetien
peev4ded by the department end is predneed feem the edited
finensial statements required by e 1 .45()
Section 3. This act shall take effect October 1, 1980.
Mr. Hollingsworth moved the adoption of the amendment,
which failed of adoption.

Under Rule 8.19, the bill was referred to the Engrossing Clerk.



HB 12-C-A bill to be entitled An act relating to banking;
amending s. 659.06, Florida Statutes, relating to places of trans-
acting banking business; removing certain restrictions upon the
number and location of branch banks; authorizing the establish-
ment of branch banks by merger with banks throughout the
state; providing restrictions; requiring rules; specifying stand-
ards for review of branch bank applications; declaring certain



November 27, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



facilities located on military bases or installations to be branch-
es; providing an effective date.
-was taken up. On motion by Mr. Moffitt, the rules were
waived and HB 12-C was read the second time by title and,
under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Judiciary-
HJR 33-C---A joint resolution proposing an amendment to
Section 3 of Article V of the State Constitution relating to the
Supreme Court.

On motions by Mr. Thompson, the rules were waived and
HJR 33-C was read the first time by title and the second time
by title.

Representative Thompson offered the following amendment:
Amendment 1-On page 1, line 11, strike line 11 and insert:
at a special election to be held in conjunction with the Presi-
dential Preference Primary Election in March 1980; and which,
if approved, shall take effect April 1, 1980.
Mr. Thompson moved the adoption of the amendment, which
was adopted.

Representative Gustafson offered the following amendment:
Amendment 2-On page 2, line 14, after the word "that"
insert: expressly
Mr. Gustafson moved the adoption of the amendment, which
was adopted.

Representative Hodes offered the following amendment:
Amendment 3-On page 2, strike lines 5-10 and insert: review
action relating to rates and service of any agency created by law
to regulate utilities providing electric, gas or telephone service.
Dr. Hodes moved the adoption of the amendment. On motion
by Mr. Richmond, the amendment was laid on the table.

Representative Sadowski offered the following amendment:
Amendment 4-On page 4, line 5, after the word "penalty"
insert: bond validations
Mr. Sadowski moved the adoption of the amendment, which
was adopted.

Representative Sadowski offered the following amendment:
Amendment 5-On page 4, line 13, after the word "decisions"
insert: expressly
Mr. Sadowski moved the adoption of the amendment, which
was adopted.

Representative Sadowski offered the following amendment:
Amendment 6-On page 4, line 15 after the comma insert:
or in conflict with other appellate divisions or affecting a class
of constitutional officers
Mr. Sadowski moved the adoption of the amendment, which
was adopted.

Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

Consideration of HB 34-C was temporarily deferred.

HB 13-C-A bill to be entitled An act relating to the public
defender; amending s. 27.51(4), Florida Statutes, providing
which public defender shall handle appeals in the fifth appellate
district; providing an effective date.



-was taken up. On motion by Mr. Thompson, the rules were
waived and HB 13-C was read the second time by title.-



The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 2, after line 9, insert: Section 2.
There is hereby appropriated $302,629 from the General Revenue
Fund to the 5th District Court of Appeal for operations in the
fiscal year 1979-80.
Renumber subsequent sections
Mr. Morgan moved the adoption of the amendment, which was
adopted.

Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HJR 20-C-A joint resolution proposing amendments to Sec-
tions 1 and 6 of Article VII of the State Constitution relating
to finance and taxation.
-was taken up. On motion by Mr. Pajcic, the rules were
waived and HJR 20-C was read the second time by title,

Representatives Easley, T. F. Lewis, Woodruff, Hieben
Crotty, M. E. Hawkins, Richmond, Patchett, Brantley, Deratany,
Dunbar, Sample, D. L. Jones, Jennings, Ewing, Melby, J. H.
Smith, Mica, Gallagher, Tygart, Burrall, Evans, Bankhead,
Watt, Nergard, Myers, Nuckolls, Danson, Kiser, and Bush
offered the following amendment:
Amendment 1-On page 2, lines 18-31, and on page 3, lines
1-17, strike all of said lines.
Mrs. Easley moved the adoption of the amendment.

Mr. Kutun moved that the amendment be laid on the table.
The absence of a quorum was suggested. A quorum of 115
Members was present. The question recurred on the motion to
lay, which was not agreed to. The vote was:

Yeas-54



The Chair
Allen
Bell
Boles
Campbell
Conway
Cox
Crady
Crawford
Davis
Dyer
Eckhart
Flinn
Flynn

Nays-59
Bankhead
Barrett
Batchelor
Beard
Brantley
Burnsed
Burrall
Bush
Carlton
Carpenter
Crotty
Danson
Deratany
Dunbar
Easley



Fox
Gersten
Gustafson
Haben
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Johnson, A. E.
Kershaw
Kutun
Lehman


Evans
Ewing
Foster.
Gallagher
Gardner
Hagler
Hall
Hawkins, M. E.
Hieber
Hodges
Hollingsworth
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Lewis, J. W.
Liberti
Lipuman
Lockward
Margolis
Martin
McPherson
Meek
Mills
Moffitt
Morgan
Ogden
O'Malley
Pajcic


Jones, D. L.
Kirkwood
Kiser
Lewis, T. F.
Mann
Martinez
McCall
Melby
Mica
Mitchell
Myers
Nergard
Nuckolls
Patchett
Price



Patterson
Plummer
Rosen
Sadowski
Sheldon
Silver
Smith, L. J.
Spaet
Thomas
Warner
Weinstock
Young




Ready
Richmond
Robinson
Ryals
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Upchurch
Ward
Williams
Woodruff



Votes after roll call:
Nays-Watt, Kelly
The question recurred on the adoption of Amendment 1.

Representatives Bell and Robinson offered the following
substitute amendment:
Substitute Amendment 1-On page 3, lines 14-15, strike
"including without limitation conditions relating to income,"



November 27, 1979



9








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Bell moved the adoption of the substitute amendment.
Pending consideration thereof-

Mr. Richmond moved the previous question on the substitute
amendment and Amendment 1, which was agreed to.



The question recurred on the adoption of
ment 1, which was adopted. The vote was:



Gersten
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Hodges
Johnson, A. E.
Johnson, R. C.
Kershaw
Kutun



Nays-53
Bankhead Evans
Barrett Ewing
Batchelor Foster
Beard Gallagher
Brantley Gardner
Burrall Hawkins, M. E.
Bush Hieber
Carlton Hollingsworth
Carpenter Jennings
Crotty Johnson, B. L.
Danson Jones, C. F.
Deratany Jones, D. L.
Dunbar Kelly
Easley Kirkwood
Votes after roll call:



Yeas-62
The Chair
Allen
Bell
Boles
Burnsed
Campbell
Conway
Cox
Crady
Crawford
Davis
Dyer
Eckhart
Flinn
Flynn
Fox



Substitute Amend-



Patterson
Plummer
Robinson
Rosen
Sadowski
Sheldon
Silver
Smith, L. J.
Spaet
Thomas
Ward
Warner
Weinstock
Young




Ryals
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Upchurch
Watt
Williams
Woodruff



Yeas-Girardeau

Representatives Easley, T. F. Lewis, Woodruff, Kirkwood,
Hieber, M. E. Hawkins, Jennings, Richmond, Patchett, Mica,
Dunbar, Deratany, Brantley, Sample, D. L. Jones, Ewing, Melby,
Crotty, J. H. Smith, Gallagher, Tygart, Burrall, Bankhead,
Watt, Nergard, Evans, Myers, Nuckolls, Danson, and Kiser
offered the following amendment:
Amendment 2-On page 2, line 14, after the word "act"
insert: which must be approved by at least a two-thirds vote of
each house of the Legislature



Mrs. Easley moved the adoption of the
failed of adoption. The vote was:



Ewing
Foster
Gallagher
Gardner
Haben
Hall
Hattaway
Hawkins, M. E.
Hieber
Hollingsworth
Jennings
Johnson, B. L.
Johnson, R. C.



Jones, C. F.
Jones, D. L.
Kirkwood
Kiser
Lewis, T. F.
McCall
Melby
Mica
Mitchell
Myers
Nergard
Nuckolls
Patchett



amendment, which



Ready
Richmond
Robinson
Sample
Shackelford
Smith, J. H.
Thompson
Tygart
Upchurch
Ward
Watt
Woodruff



Conway
Cox
Crady
Crawford
Davis
Dyer
Eckhart
Flinn
Flynn
Fox
Gersten
Girardeau
Gustafson
Hagler



Hawkins, L. R.
Hazouri
Healey
Hector
"Hodes
Hodges
Johnson, A. E.
Kelly
Kershaw
Kutun
Lehman
Lewis, J. W.
Liberti
Lippman



Lockward
Mann
Margolis
Martin
Martinez
McPherson
Mills
Moffitt
Morgan
Ogden
Pajcic
Patterson
Plummer
Price



Rosen
Ryals
Sadowski
Sheldon
Silver
Smith, C. R.
Smith, L. J.
Spaet
Thomas
Warner
Weinstock
Williams
Young



Representative Ryals offered the following amendment:
Amendment 3-On page 3, line 13, strike all of lines 13-17
Mr. Ryals moved the adoption of the amendment. Pending
consideration thereof-

Mr. Pajcic raised the point of order that the amendment was,
in effect, the same as Amendment 1, offered by Mrs. Easley
and rejected, and therefore not in order. Following discussion
to the point, the Speaker stated two things should be con-
sidered: first, the amendment by Mrs. Easley was superseded
by a substitute amendment and not directly rejected, a sub-
stitute being an indirect rejection; second, the intervening sub-
stitute amendment struck some language, but the amendment
by Mr. Ryals attempts to strike language not affected by the
substitute and on a different subject. Therefore, the Speaker
ruled the point not well taken and the amendment in order.



Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Margolis
Martin
McPherson
Meek
Mills
Mitchell
Moffitt
Morgan
Ogden
O'Malley
Paicic


Kiser
Lewis, T. F.
Mann
Martinez
McCall
Melby
Mica
Myers
Nergard
Nuckolls
Patchett
Price
Ready
Richmond



Yeas-48
The Chair
Burnsed
Campbell
Conway
Cox
Crawford
Davis
Dyer
Eckhart
Flinn
Flynn
Fox

Nays-64
Bankhead
Barrett
Batchelor
Beard
Boles
Brantley
Burrall
Bush
Carlton
Carpenter
Crady
Crotty
Danson
Deratany
Dunbar
Easley



Girardeau
Gustafson
Haben
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Johnson, A. E.
Kershaw
Kutun
Lehman


Evans
Ewing
Foster
Gallagher
Gardner
Hagler
Hall
Hattaway
Hawkins, M. E.
Hieber
Hodges
Hollingsworth
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Lewis, J. W.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
McPherson
Meek
Mills
Moffitt
Morgan


Jones, D. L.
Kelly
Kirkwood
Kiser
Lewis, T. F.
Martinez
McCall
Melby
Mica
Mitchell
Myers
Nergard
Nuckolls
Patchett
Patterson
Price



the table, which



Ogden
O'Malley
Pajcic
Plummer
Sadowski
Sheldon
Silver
Spaet
Thomas
Warner
Weinstock
Young


Ready
Richmond
Robinson
Rosen
Ryals
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Upchurch
Ward
Watt
Williams
Woodruff



Votes after roll call:
Yeas-Gersten
Mr. Richmond moved the previous question on the amend-
ment, which was agreed to. The question recurred on the adop-
tion of Amendment 3, which was adopted. The vote was:



Nays-63
The Chair Bell
Allen Boles



Burnsed Carlton
Campbell Carpenter



Mr. Pajcic moved to lay Amendment 3 on
was not agreed to. The vote was:



Yeas-51
Bankhead
Barrett
Batchelor
Beard
Brantley
Burrall
Bush
Crotty
Danson
Deratany
Dunbar
Easley
Evans



Yeas-60
Bankhead
Barrett
Batchelor



Beard
Boles
Brantley



Burrall
Bush
Carlton



Carpenter
Crady
Crotty



November 27, 1979



10








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Danson Hieber
Deratany Hodges
Dunbar Hollingsworth
Easley Jennings
Evans Johnson, B. L.
Ewing Johnson, R. C.
Foster Jones, C. F.
Gallagher Jones, D. L.
Gardner Kirkwood
Hagler Kiser
Hall Lewis, T. F.
Hawkins, M. E. Mann



Nays-54
The Chair
Allen
Burnsed
Campbell
Conway
Cox
Crawford
Davis
Dyer
Eckhart
Flinn
Flynn
Fox
Gersten



Girardeau
Gustafson
Haben
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Johnson, A. E.
Kelly
Kershaw
Kutun
Lehman



Martinez
McCall
Melby
Mica
Mitchell
Myers
Nergard
Nuckolls
Patchett
Ready
Richmond
Robinson


Lewis, J. W.
Liberti
Lippman
Lockward
Margolis
Martin
McPherson
Meek
Mills
Moffitt
Morgan
Ogden
O'Malley
Pajcic



Representatives Easley, Woodruff, and
following amendment:



Ryals
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Upchurch
Ward
Watt
Williams
Woodruff



Patterson
Plummer
Rosen
Sadowski
Sheldon
Silver
Smith, L. J.
Spaet
Thomas
Warner
Weinstock
Young



others offered the



Amendment 4-On page 3, lines 25-26, strike said lines be-
ginning with "and" on line 25 and insert period after "Fund".

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

Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HJR 21-C-A joint resolution proposing amendments to sec-
tions 3 and 9, and the creation of sections 16 and 17 of Article
VII of the State Constitution relating to finance and taxation.

-was taken up. On motion by Mr. Pajcic, the rules were
waived and HJR 21-C was read the second time by title.

The Committee on Appropriations offered the following
amendment:

Amendment 1-On page 5, line 7, strike all of section (2)
Mr. Pajcic moved the adoption of the amendment, which
failed of adoption.

Representatives Kutun, Pajcic, and Robinson offered the
following amendment:

Amendment 2-On page 2, lines 18-31, strike all of said
lines and insert: (d) Pursuant to general law and subject to
conditions specified therein, a county or municipality may, for
the purpose of its respective tax levy, and upon approval of a
majority of the electors residing therein, grant an economic
development ad valorem exemption for additions of tangible
personal property and new improvements to real property
used by a new business or added tangible personal property
and added improvements to real property used by an expanded
existing business. The limits on the amount of such exemption
shall be specified by general law. The period of time for which
such exemption may be granted to a new business or expanded
existing business shall not exceed ten years. The authority to
grant such exemption shall expire ten years from the date of
approval by the electors and may be renewable for periods of
not more than ten years per renewal as provided by general
law.
Mr. Kutun moved the adoption of the amendment, which
was adopted.



Representative Patchett offered the following amendment:
Amendment 3-On page 6, line 6, strike "and to add sec-
tions 16 and 17 thereto,"
Mr. Patchett moved the adoption of the amendment. Pending
consideration thereof-



Mr. Silver moved to lay the amendment
was not agreed to. The vote was:



Yeas-50
The Chair
Allen
Bankhead
Barrett
Batchelor
Bell
Burnsed
Campbell
Conway
Cox
Davis
Dyer
Eckhart

Nays-56
Beard
Boles
Brantley
Burrall
Bush
Carlton
Carpenter
Crady
Crotty
Danson
Deratany
Dunbar
Easley
Evans



Flynn
Fox
Gersten
Girardeau
Gustafson
Haben
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Johnson, A. E.
Kutun


Ewing
Foster
Gallagher
Gardner
Hagler
Hall
Hattaway
Hawkins, M. E.
Hieber
Hodges
Hollingsworth
Jennings
Johnson, B. L.
Johnson, R. C.



Lehman
Liberti
Lippman
Lockward
Mann
Margolis
Martin
McPherson
Meek
Mills
Morgan
Ogden
O'Malley


Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser
Lewis, T. F.
Martinez
McCall
Melby
Mica
Mitchell
Myers
Nergard
Nuckolls



Votes after roll call:
Nays--J. W. Lewis
The question recurred on the adoption
which failed of adoption. The vote was:



Yeas-55
Beard
Boles
Brantley
Burrall
Bush
Carlton
Carpenter
Crady
Crotty
Danson
Deratany
Dunbar
Easley
Evans

Nays-55
The Chair
Allen
Bankhead
Barrett
Batchelor
Bell
Burnsed
Campbell
Cox
Crawford
Davis
Dyer
Eckhart
Flynn



Ewing
Foster
Gallagher
Gardner
Hagler
Hall
Hattaway
Hawkins, M. E.
Hieber
Hodges
Hollingsworth
Jennings
Johnson, B. L.
Johnson, R. C.


Fox
Gersten
Girardeau
Gustafson
Haben
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Johnson, A. E.
Kershaw
Kutun
Lehman



Jones, C. F.
Jones, D. L.
Kelly
Kirkwood
Kiser
Lewis, T. F.
McCall
Melby
Mica
Mitchell
Myers
Nergard
Nuckolls
Patchett


Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McPherson
Meek
Mills
Moffitt
Morgan
Ogden
O'Malley



on the table, which



Pajcic
Plummer
Price
Rosen
Sadowski
Silver
Spaet
Thomas
Warner
Weinstock
Young




Patchett
Patterson
Ready
Richmond
Robinson
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Tygart
Upchurch
Ward
Williams
Woodruff



of Amendment 3,



Patterson
Ready
Richmond
Robinson
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Tygart
Upchurch
Ward
Williams
Woodruff



Pajcic
Plummer
Price
Rosen
Sadowski
Silver
Spaet
Thomas
Thompson
Warner
Watt
Weinstock
Young



Votes after roll call:
Yeas--J. W. Lewis



11



November 27, 1979








JOURNAL OF THE HOUSI



Representative Batchelor offered the following amendment:
Amendment 4-On page 5, line 7, strike "by eminent domain
or otherwise,"
Mr. Batchelor moved the adoption of the amendment. Pend-
ing consideration thereof-

Representative Gallagher offered the following substitute
amendment:
Substitute Amendment 4-On page 5, line 8, after the word
"area" insert: provided that no authority created by general or
special law and governed by a county or municipality shall
have the authority to acquire any property by eminent domain
Mr. Gallagher moved the adoption of the substitute amend-
ment, which was adopted.

Representatives Robinson, Kutun, and Pajcic offered the
following amendment:
Amendment 5-On page 3, line 3, after "property" insert:
and tangible personal property
Mr. Robinson moved the adoption of the amendment, which
was adopted.

Subsequently, Representatives Gersten, Fox, Kutun, and
Easley offered the following amendment:
Amendment 6-On page 5, line 3, after "may" insert: upon
approval of a majority of the electors residing in the munici-
pality in which the community redevelopment area is located
or in the county if the community redevelopment area is lo-
cated outside of municipal boundaries,



Mr. Gersten moved the adoption of the
was adopted. The vote was:



Flynn
Fox
Gallagher
Gersten
Girardeau
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hieber
Hodges
Hollingsworth
Jennings
Kelly
Kirkwood
Kiser
Kutun



Gustafson
Haben :
Hagler
Hall
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.



Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martinez
Meek
Melby
Mica
Mills
Morgan
Myers
Nergard
Ogden
Patchett
Plummer
Price
Ready



Kershaw
Lehman
Mann
McCall
Mitchell
Nuckolls
O'Malley
Pajcic



Votes after roll call:
Yeas-Gardner, J. W. Lewis, Foster
Yeas to Nays-Mica
Nays to Yeas-R. C. Johnson

Under Rule 8.19, the bill was referred
Clerk.



amendment, which



Richmond
Rosen
Ryals
Sadowski
Sample
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L J.
Spaet
Thompson
Tygart
Upchurch
Watt
Williams
Woodruff
Young



Patterson
Robinson
Thomas
Ward
Warner



to the Engrossing



12



The Chair
Barrett
Batchelor
Bell
Boles
Burnsed
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Davis
Eckhart
Flinn
Flynn

Nays-44
Allen
Bankhead
Beard
Brantley
Burrall
Bush
Crotty
Danson
Deratany
Dunbar
Dyer



Foster
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Hodges
Hollingsworth
Johnson, A. E.



Easley
Evans
Ewing
Fox
Gallagher
Hawkins, M.
Hieber
,Jennings
Jones, D. L.
Kirkwood
Kiser



Johnson, R. C.
Kelly
Kutun
Lewis, J. W.
Liberti
Lockward
Mann
Margolis
Martin
Martinez
Meek
Mills
Mitchell
Moffitt
Morgan
Ogden
O'Malley



Lehman
Lippman
McCall
McPherson
Melby
E. Mica
Myers
Nergard
Nuckolls
Patchett
Price



Pajcic
Patterson
Plummer
Robinson
Ryals
Shackelford
Silver
Smith, C. R.
Spaet
Thomas
Thompson
Upchurch
Ward
Warner
Weinstock
Williams
Young


Ready
Richmond
Rosen
Sadowski
Sample
Sheldon
Smith, J. H.
Smith, L. J.
Tygart
Watt
Woodruff



Votes after roll call:
Nays to Yeas-L. J. Smith

Representatives Easley, T. F. Lewis, Woodruff, Hieber, M. E.
Hawkins, Jennings, Richmond, Deratany, Patchett, Brantley,
Myers, Dunbar, Sample, D. L. Jones, Ewing, Melby, Crotty, J.
H. Smith, Mica, Gallagher, Tygart, Burrall, Evans, Bankhead,
Watt, Nergard, Nuckolls, Bush, Danson, and Kiser offered the
following amendment:
Amendment 3-On page 1, lines 22-30; page 2, lines 1-31;
page 3, lines 1-31; page 4, lines 1-2 and 10-31; and on page 5,
lines 1-3, strike all of said lines.
Mrs. Easley moved the adoption of the amendment, which
failed of adoption. The vote was:



Yeas-33
Bankhead
Brantley
Burrall
Bush
Crotty




Danson
Deratany
Dunbar
Easley
Evans



Ewing
Gallagher
Hawkins, M. E.
Hieber
Jennings



Jones, D. L.
Kelly
Kirkwood
Kiser
Lewis, T. F.



3 OF REPRESENTATIVES November 27, 1979

HJR 22-C-A joint resolution proposing amendments to Sec-
tions 3, 4, 6, 8 and 9 of Article VII of the State Constitution
relating to finance and taxation.
-was taken up. On motion by Mr. Pajcic, the rules were
waived and HJR 22-C was read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 2, line 2, strike "to every resident
of this state" and insert: to every head of a household whether
married or single, residing in this state
Mr. Pajcic moved the adoption of the amendment, which was
adopted.

The Committee on Appropriations offered the following
amendment:
Amendment 2-On page 2, line 20, strike "three-fourths" and
insert: two-thirds
Mr. Pajcic moved the adoption of the amendment, which was
adopted. The vote was:

Yeas-68



Yeas-72
The Chair
Barrett
Batchelor
Beard
Brantley
Burnsed
Burrall
Bush
Carlton
Crotty
Danson
Davis
Deratany
Dyer
Easley
Eckhart
Ewing
Flinn

Nays-29
Allen
Bankhead
Boles
Campbell
Conway
Cox
Crady
Dunbar









JOURNAL OF THE HOUSI



McCall
Melby-
Mica
Myers



Nays-80
The Chair
Allen
Barrett
Batchelor
Beard
Bell
Boles
Burnsed
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Davis
Dyer
Eckhart
Flinn:
Flynn



Nergard
Patchett
Richmond
Sample



Foster
Fox
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Hodges
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.



Smith, J. H.
Tygart
Upchurch



Kershaw
Kutun
Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McPherson
Meek
Mills
Mitchell
Moffitt
Morgan
Ogden
O'Malley
Pajcic



Watt
Woodruff



Patterson
Plummer
Price
Robinson
Rosen
Ryals
Sadowski
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, L. J.
Spaet
Thomas
Thompson
Ward
Warner
Weinstock
Williams
Young



Representative Nuckolls offered the following amendment:
Amendment 4-On page 4, line 2, after the period insert:
In considering any increase in the value of exemptions provided
in this section, the Legislature shall calculate any such exemp-
tion in the following manner: the base amount of five thousand
dollars shall be increased in the same proportion that residential
construction costs have increased for the year of computation
as compared to 1938, and said increased amount shall be multi-
plied by the county level of assessment as determined by the
Department of Revenue. The proportion of increase in resi-
dential construction costs shall be determined in a manner
provided by general law, and may vary from county to county.
Mr. Nuckolls moved the adoption of the amendment. On
motion by Dr. Hodes, the amendment was laid on the table.

Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HB 30-C-A bill to be entitled An act relating to ad valorem
taxation; creating s. 193.1145, Florida Statutes, providing in-
tent; providing for interim assessment rolls under specified
circumstances; specifying the valuations to be shown on such
assessment rolls; requiring taxing units to levy provision
millage rates upon such assessment rolls and to certify the
rates to the property appraiser; providing for the applicability
of certain laws to such rates; providing duties of property
appraisers, tax collectors, and circuit court clerks with respect
to such interim assessment rolls; specifying certain notice in
tax bills based on such assessment rolls; providing for the
recomputation of millage rates and for the reconciliation of in-
terim and approved assessment rolls for certain purposes; pro-
viding for and restricting billings and refunds based upon such
reconciliation; authorizing delays in supplemental billing or
refunding; providing a form for notice of supplemental bills
or refunds; providing for review of interim assessments; pro-
viding for the applicability of certain delinquent tax provisions
to delinquent provisional taxes based upon such interim assess-
ment rolls; providing that the recomputation of millage rates
shall not affect the amount of revenues to school districts,
counties and municipalities; providing for the effect of pro-
visional millage rates levied by multi-county taxing authorities;
amending s. 197.012, Florida Statutes, specifying an alterna-
tive date by which tax collectors must collect delinquent taxes;
creating s. 197.0125, Florida Statutes, authorizing certain de-
lays in time requirements relating to the collection of or
administrative procedures regarding delinquent taxes; amend-
ing s. 120.57(1) (b), Florida Statutes, conforming provisions
relating to formal proceedings to the act; creating s. 120.571,
Florida Statutes, providing uniform procedures for decisions
relating to the levy, assessment or refund of certain taxes,
tax roll approvals, and county assessment levels; including
the Comptroller as a party in matters involving refunds; pro-
viding that the hearing officer's order shall constitute final



November 27, 1979



Amendment 1-On page 3, line 20, following the word "issued."
insert: Providing, however, that when the tax certificates and
accrued interest thereon represent an amount of $100 or more,
such property shall be sold at public auction in accordance with
this chapter.
Mr. Thompson moved the adoption of the amendment, which
was adopted.



3 OF REPRESENTATIVES 13

agency action; providing for judicial review; adding a new
subsection (3) to s. 120.65, Florida Statutes, creating a bureau
within the Division of Administrative Hearings of the Depart-
ment of Administration to conduct hearings relating to such
taxes, tax roll approvals, and county assessment levels; adding
a new subsection (2) to s. 120.69, Florida Statutes, providing
for the enforcement of final agency action on such tax matters;
providing for severability; providing an effective date.
-was taken up. On motion by Mr. Pajcic, the rules were
waived and HB 30-C was read the second time by title.

Representatives Kiser and Sheldon offered the following
amendment:
Amendment 1-On page 15, lines 20-29, strike all of sub-
section (3) and insert: (3) In addition to the requirements of
subsection (2), a hearing officer employed to conduct hearings
on matters dealing with the levy, assessment or refund of a
tax imposed pursuant to chapters 198, 199, 201, 908, 206, 211,
212, 214 and 220, matters dealing with the approval or dis-
approval of a county's tax roll pursuant to s. 193.114, and the
determination of a county's assessment level pursuant to s. 195.-
096, must demonstrate expertise in the area of taxation.
Mr. Kiser moved the adoption of the amendment, which was
adopted.

Representatives Kiser and Sheldon offered the following
title amendment:
Amendment 2-On page 2, lines 22-26, strike "creating a
bureau within the Division of Administrative Hearings of the
Department of Administration to conduct hearings relating to
such taxes, tax roll approvals, and county assessment levels;"
and insert: providing that hearing officers who conduct hearings
on matters specified in s. 120.571, Florida Statutes, shall demon-
strate expertise in the area of taxation;
Mr. Kiser moved the adoption of the amendment, which was
adopted.

Under Rule 8.19, the bill was referred to the Engrossing Clerk.

HB 16-C-A bill to be entitled An act relating to tax sales;
amending s. 197.072(1), Florida Statutes; providing that, if
applicable, notice of taxes shall include the fact that back
taxes are unpaid; adding new subsection (2) to s. 197.116,
Florida Statutes; providing that tax certificates with less than
$100 of delinquent taxes on homestead property shall be issued
to the county and providing restrictions with respect to ob-
taining tax deeds thereon; amending ss. 197.062(3) and 197.-
141(1), Florida Statutes, relating to advertisement of property
with delinquent taxes and transferability of tax sale certifi-
cates, providing an exception with respect to such tax cer-
tificates; amending s. 197.256, Florida Statutes; providing a
clear notice of pending sale; providing for notice to owner
through personal service by sheriff; providing an excep-
tion; providing that nothing in chapter 197 shall be construed
to prevent the tax collector or other public official from giv-
ing additional notice beyond minimum requirements; amend-
ing ss. 197.151(2) and 197.156(1), Florida Statutes, relating
to redemption of tax sale certificates belonging to the county
and those sold to purchasers other than the county, and s.
197.266(1), Florida Statutes, relating to sale at public auction;
providing for payment of costs incurred for said personal serv-
ice; providing an effective date.
---was taken up. On motion by Mr. Pajcic, the rules were
waived and HB 16-C was read the second time by title.

Representative Thompson offered the following amendment:








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Representative Thompson offered the following amendment:
Amendment 2-On page 8, line 8, following "requested."
insert: In addition, a copy of such notice shall be posted in a
conspicuous place on the property by the sheriff of the county
in which the property is located.
Mr. Thompson moved the adoption of the amendment, which
was adopted.
Representative Thompson offered the following title amend-
ment:
Amendment 3-On page 1, line 9, following the word "county"
insert: providing that tax certificates representing $100 or
more of delinquent taxes shall be sold at public auction in
accordance with this chapter,
Mr. Thompson moved the adoption of the amendment, which
was adopted.

Representative Thompson offered the following title amend-
ment:
Amendment 4-On page 1, line 19, following the word "sher-
iff" insert: providing that notice be posted in a conspicuous
place on the property by the sheriff of county where property
is located
Mr. Thompson moved the adoption of the amendment, which
was adopted.

Under Rule 8.19, the bill was referred to the Engrossing
Clerk.
HB 17-C-A bill to be entitled An act relating to ad valorem
taxes; amending s. 197.013, Florida Statutes; providing for
payment of installments; providing for postage; providing for
distribution of taxes; providing for notice; providing an ef-
fective date.
-was taken up. On motion by Mr. Pajcic, the rules were
waived and HB 17-C was read the second time by title.

Representative Bell offered the following amendment:
Amendment 1-On page 3, line 31 and line 1 on page 4,
strike "newspaper of general circulation within the county,
as defined by section 50.011" and insert: newspaper of paid
general circulation in the county. The advertisement shall ap-
pear in a newspaper that is published at least 5 days a week
unless the only newspaper of general circulation in the county
is published less than 5 days a week. The newspaper shall be
one of general interest and readership in the community, and
not one of limited subject matter.
Mr. Bell moved the adoption of the amendment, which was
adopted.

Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HB 18-C-A bill to be entitled An act relating to ad valorem
taxation; providing legislative intent with respect to equaliza-
tion of funding efforts among school districts; amending s.
236.081(4), Florida Statutes; providing duties of Department
of Revenue and Commissioner of Education with respect to
computation of required local effort under the Florida Educa-
tion Finance Program; providing for consideration of the school
district's assessment level; providing a limitation; providing
definitions; amending s. 236.25(1), Florida Statutes; providing
requirements with respect to computation of the district school
tax; amending s. 195.098(1) and (2), Florida Statutes; provid-
ing duties of the Assessment Administration Review Commis-
sion with respect to complaints relating to the determination
of the level of assessment; providing for actions by the school
board or the Commissioner of Education to contest such de-
termination; amending s. 195.096, Florida Statutes; providing
requirements with respect to review of county assessment rolls
by the Division of Ad Valorem Tax; revising time periods;
providing for publication of results; providing for determina-
tion of projected levels of assessment for certain counties;



providing requirements with respect to audits of the admin-
istration of ad valorem tax laws by the Auditor General;
amending s. 195.097, Florida Statutes; providing requirements
and procedures with respect to notification by the executive



director of the department to property appraisers regarding
defects in assessment rolls; providing duties of property ap-
praiser upon receipt of an administrative order relating there-
to; providing for continuing supervision; revising time periods
and providing for an extension of deadlines; providing an
appropriation; providing an effective date.
-was taken up. On motion by Mr. Pajcic, the rules were
waived and HB 18-C was read the second time by title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 18, line 19, strike "1980" and in-
sert: 1981
Mr. Pajcic moved the adoption of the amendment, which
was adopted.

Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

Announcements
Mr. Crawford, Chairman, announced a meeting of the Com-
mittee on Criminal Justice tomorrow morning at 8:30 a.m.
in Room 16 HOB, to consider HB 35-C.
Mr. Mann, Chairman, announced a meeting of Subcommittee
I of the Committee on Appropriations tomorrow at noon.

Mr. Haben moved that the rules be waived and the House
adjourn after the receiving of Communications, completion
of Introduction and Reference, and the receiving of Reports,
to reconvene at 9:30 a.m. tomorrow, which was agreed to.


Communications
Honorable J. Hyatt Brown November 27, 1979
Speaker, House of Representatives
Dear Mr. Speaker:
In compliance with the provisions of Article III, Section
8(b), of the State Constitution, I am transmitting to you for
consideration of the House the following vetoed bills, 1979
Regular Session, with the Governor's objections attached
thereto:
CS for HB 4-Relating to tax exemption; certain civic
organizations
HB 519-Okaloosa County; alcoholic beverage licenses
HB 538-Relating to compulsory school attendance
HB 857-Relating to environmental control
HB 892-Relating to cable television rates
HB 1055-Definition of a full-time equivalent student
HB 1246-Monroe County; employees of elected officials
HB 1546-Sales of alcoholic beverages to certain persons
HB 1580-Administrative Procedure Act; state contracts
HB 1824-Optometrists; regulation
Sincerely,
GEORGE FIRESTONE
Secretary of State

Honorable George Firestone July 3, 1979
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida un-
der the provisions of Article III, Section 8, of the Constitution
of the State of Florida, I hereby withhold my approval of and



transmit to you with my objections Committee Substitute for
House Bill 4, enacted by the Sixth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the
Regular Session of 1979, and entitled:



November 27, 1979







JOURNAL OF THE HOUSE OF REPRESENTATIVES



An act relating to tax exemption; creating s. 196.1965, Flor-
ida Statutes; specifying additional criteria under which
certain structures owned by bona fide civic organizations
shall be considered to serve a charitable purpose and be
exempt from ad valorem taxation; providing an effective
date.
Uniformity has long been recognized and accepted as a
fundamental policy goal in ad valorem taxation. This legisla-
tion would provide for differing standards of taxability for
ad valorem purposes not only between counties, but between
taxing jurisdictions within the same county, by allowing an
exemption for certain civic organization property only upon
annual approval by the governing body of the county, for
county taxes, or the governing body of a municipality, for
municipal taxes.
The precedent of optional local tax exemptions could ulti-
mately lead to "tax competition" between political subdivisions
of the state for a wide range of property uses and classifica-
tions. This, I feel, would be detrimental not only to the com-
peting jurisdictions but to Florida as a whole.
Furthermore, the bill makes it more difficult for charitable
organizations to receive tax exemption because it imposes
additional requirements on them, beyond the ordinary require-
ments of Section 196.196, Florida Statutes, which all charitable
organizations must meet.
The general statutory criteria for charitable exemptions are
sufficiently clear in their application to bona fide charitable
civic organizations that additional restrictive measures are un-
desirable as well as unnecessary.
For the above reasons, I am hereby withholding my approval
of Committee Substitute for House Bill 4, Regular Session of
the Legislature, commencing on April 3, 1979, and do hereby
veto same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Finance & Taxation.
Honorable George Firestone July 3, 1979
Secretary of State
Dear Mr. Secretary:
By authority vested in me as Governor of Florida, under
provisions of Article III, Section 8, of the Constitution of the
State of Florida, I hereby withhold my approval of and trans-
mit to you with my objections House Bill 519 enacted by the
Sixth Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1979 entitled:
"An act relating to Okaloosa County; amending section 1 of
chapter 69-798, Laws of Florida, providing that certain bona
fide restaurants in Okaloosa County which have accommoda-
tions at all times for 150 persons at tables occupying more
than 2,500 square feet of floor space shall be entitled to an
alcoholic beverage license regardless of specified general
law; providing an effective date."
Provision is made under current law for alcoholic beverage
licenses to be issued, in Okaloosa County, in exception to the re-
quirements of general law, to bona fide restaurants, having ac-
commodations at all times for two hundred or more patrons at
tables which occupy more than five thousand square feet of
floor space. House Bill 519 reduces the size of the minimum ac-
commodations required to be available at all times to tables
for 150 persons, occupying 2,500 square feet of floor space.
It is my opinion that present law makes adequate pro-
vision for the small restaurateur who desires to serve alcoholic
beverages. The legislation which has been presented to me for
consideration inappropriately reduces the requirements for
obtaining an alcoholic beverage license. This proposed, amended
exception to Section 561.20, Florida Statutes, carries a conse-
quence which the legislature did not intend, that of permitting
establishments lacking the predominate character of a res-
taurant to circumvent the provisions of general law regarding



the limitations and qualifications for obtaining an alcoholic
beverage license.



The legislature may be commended for its effort to assist
Okaloosa County's small businessmen in the restaurant busi-
ness. House Bill 519, however, provides unintended opportuni-
ties for abuse, may detrimentally affect these small restaurants,
and inappropriately allows establishments, opened not for the
predominate purpose of serving meals, to obtain an alcoholic
beverage license.
For the above reasons, I am withholding my approval of
House Bill 519, Regular Session of the Florida Legislature,
commencing on April 3, 1979 and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committees on Community Affairs and Regulated Industries &
Licensing.



Honorable George Firestone
Secretary of State



July 3, 1979



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8 of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 538 enacted by
the Sixth Legislature of Florida, under the Florida Constitution,
1968 Revision, during the regular session of 1979, and entitled:
"An act relating to compulsory school attendance; amending
the introductory paragraph of s. 232.09, Florida Statutes, and
subsection (2) thereof, prohibiting criminal prosecution with
respect to nonattendance of children under certain circum-
stances; deleting an exception to parental responsibility for
a child's nonattendance at school; providing an effective
date."
This bill provides that no criminal prosecution shall be
brought against a parent, guardian, or other person having
control of the child until the provisions of s. 232.17 (2) (c)
have been performed. It deletes the "unable to control" defense
a parent may present in court.
I am in sympathy with a general goal of House Bill 538,
greater parental responsibility for the school attendance of their
children. However, the bill removes a reasonable defense cur-
rently available to a parent, that the parent has been unable
to control or keep the child in school after a diligent effort has
been made.
A significant instance in which this defense would apply is
the single working parent with a truant teenage child. Neither
the ends of justice nor the education of the child would be
served by holding this parent responsible.
For the foregoing reasons, I am withholding my approval of
House Bill 538, Regular Session of the Legislature, commencing
on April 3, 1979, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Education, K-12.



Honorable George Firestone
Secretary of State



July 3, 1979



Dear Mr. Secretary:
By authority vested in me as Governor of Florida, undex
the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby withhold by approval of and
transmit to you with my objections House Bill 857 enacted by
the Sixth Legislature of Florida under the Florida Constitu-
tion, 1968 Revision, during the Regular Session of 1979 en-
titled:
"An act relating to environmental control; amending ss.
253.126(1) and 403.061(14) (a), Florida Statutes, 1978 Supple-
ment, requiring the Department of Environmental Regulation
to establish a program authorizing the Department of Trans-



November 27, 1979



15








JOURNAL OF THE HOUSI



portation to perform certain activities regulated under chap-
ters 253 and 403, Florida Statutes, under certain conditions;
provides the department shall accept certification of compli-
ance for programs; removes a limitation on activities which
may be so authorized; specifically excludes new construction
or expansion of existing roadways from authorization; adding
s. 403.813(2) (p), Florida Statutes, 1978 Supplement; provid-
ing permit exemptions for certain emergency circumstances;
providing an effective date.
This bill proposes a revision of Chapters 253 and 403, Flor-
ida Statutes, relating to Florida Department of Transportation
road construction projects which require the prior issuance of
state environmental permits.
In 1978, the Florida Legislature enacted Chapter 78-437,
Laws of Florida, which also addressed this subject. That chap-
ter authorized the Florida Department of Environmental Regu-
lation to establish a procedure which allows the Department
of Transportation to undertake certain construction projects,
which would otherwise require state environmental permits, by
certifying that the projects would comply with all environmental
standards imposed by law. Included were statutory provisions
which required the Department to adopt procedural rules to
implement the new law and granted sufficient enforcement
authority and discretion to the Department to ensure that the
certification procedure was not detrimental to Florida's natural
resources.
The Department of Environmental Regulation instituted rule-
making proceedings and adopted Section 17-4.32, Florida Ad-
ministrative Code, in compliance with the Legislative directive.
This rule was developed through several public hearings and
after consideration of numerous comments by the Department
of Transportation, environmental groups, and interested mem-
bers of the public. The new certification procedure, however,
has not yet been operational for sufficient time to determine
if the permitting procedural problems perceived by the Legis-
lature have been fairly resolved.
House Bill 857, Laws of Florida, substantially revises the
1978 legislation on this subject. It removes the Department
of Environmental Regulation's discretionary authority to evalu-
ate the certification program and determine if it, indeed, does
provide effective assurances that the state's environmental
standards will not be violated. Further, while mandating the
establishment of the certification program, it limits the De-
partment's enforcement authority to revocation of certifica-
tion-an awkward and impractical remedy.
This State's landmark environmental laws were enacted to
fulfill the mandate of Article II, Section 8, of the Constitution
of Florida. From their inception, these laws recognized that
Florida's unique natural resources have been despoiled not
only by private enterprises-for economic gain, but by govern-
mental entities-in the name of public good. Accordingly, pub-
licly funded construction projects which impact our natural
resources are measured by and must meet the same environ-
mental standards as privately funded projects. Experience has
confirmed the wisdom of this even-handed treatment.
House Bill 857 substantially lessens the authority of the
Florida Department of Environmental Regulation to ensure that
the new certification program achieves its legislative objec-
tives. It, therefore, mandates a certification program which
may have the effect of allowing one government agency to
receive preferential treatment in the application of Florida's
essential environmental standards.
For the above reasons, I am withholding my approval of
House Bill 857, Regular Session of the Legislature, commencing
on April 3, 1979, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Transportation.



July 3, 1979



Honorable George Firestone
Secretary of State



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section 8, of the Constitution of



OF REPRESENTATIVES November 27, 1979

the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 892 enacted by
the Sixth Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1979, and entitled:
An act relating to cable television rates; providing for de-
regulation of rates of cable television entities; providing ex-
ceptions; providing for the applicability of the act; pro-
viding for an effective date.
House Bill 892 would prohibit municipalities, counties, or any
other local authority from regulating rates for cable television
service. Any existing ordinance or charter would be null and
void. Excluded would be any effect on franchise agreements
other than to prohibit the regulation of rates by a unit of local
government.
This bill poses some serious constitutional questions under
Article I, Section 10, of the Florida Constitution which pro-
hibits the passage of any law impairing the obligations of a
contract. House Bill 892 declares any provision of any ordinance
of any municipality or county, which has granted a cable tele-
vision franchise wherein rates are regulated, to be null and
void.
This bill serves to further erode the powers and authorities
of local government. It is important to cities and counties to
protect against the erosion of their powers. It is equally im-
portant to the operator and subscribers that reasonable sub-
scriber rates, franchise fees, quality signals, programming,
and esthetics of construction be set in an appropriate balance
and reflect local needs. Without regulation, it is my opinion
that these needs will not be met. Local political subdivisions
are in the best position to do and determine what is in their
citizens' best interests.
When the cable television industry began to operate in com-
munities throughout the State, there were certain understand-
ings regarding rate regulation between them and municipali-
ties in which they were franchised, as well as with their sub-
scribers. If these understandings and agreements are to be
abrogated, this should be determined on the local level, not by
such a sweeping statewide action. In fact, some 50 or more com-
munities have chosen on their own accord to so deregulate.
It is virtually impossible to calculate the impact of deregula-
tion on local governments. I welcome a study by the Legisla-
ture in this area, but at this time am unwilling to remove
these powers from local government.
For the above reasons, I am withholding my approval of
House Bill 892, Regular Session of the Legislature, com-
mencing on April 3, 1979, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), to-
together with the Governor's objections thereto, was referred to
the Committee on Community Affairs.



Honorable George Firestone
Secretary of State



June 29, 1979



Dear Mr. Secretary:
By authority vested in me as Governor of Florida, under
provisions of Article III, Section-8 of the Constitution of the
State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 1055, enacted
by the Sixth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1979 and
entitled:
"An act relating to education; amending Section 236.013
(2)(c), Florida Statutes; revising the definition of a full-
time equivalent student; providing an effective date."
House Bill 1055 amends Section 236.013(2) (c) 2.a and e,
Florida Statutes, revising the definition of a full-time equiva-
lent student enrolled in postsecondary and adult programs to
include twelfth grade students enrolled in adult education for
graduation and remediation credits. Committee Substitute for
Senate Bill 627, which I signed into law, amends the same sub-
sections, but limits enrollment for courses required for high
school graduation credits. Remediation should be provided








JOURNAL OF THE HOUSE



through compensatory education funds or regular classroom in-
struction. Therefore, I am withholding my approval of House
Bill 1055, Regular Session of the Legislature, commencing on
April 3, 1979, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Education, K-12.



July 3, 1979



Honorable George Firestone
Secretary of State



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, un-
der the provisions of Article III, Section 8 of the Constitution
of the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 1246 enacted by
the Sixth Legislature of Florida under the Florida Constitu-
tion, 1968 Revision, during the Regular Session of 1979 and
entitled:
"An act relating to Monroe County; amending section 3
of chapter 76-439, Laws of Florida, as amended, by ex-
cepting employees of elected officials from the provisions
of said act; providing that all laws, whether general or
special, in conflict herewith are superseded; providing an
effective date."
This bill relates to the Career Service Employees of Mon-
roe County. House Bill 1246 is nearly identical to Senate Bill
1062 which I allowed to become law without my signature
on June 28, 1979. This would duplicate legislation already
passed and be unnecessary.
For this reason, I am withholding my approval of House
Bill 1246 and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Community Affairs.

Honorable George Firestone June 29, 1979
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida under
the provisions of Article III, Section 8 of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 1546, enacted
by the Sixth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the regular session of 1979 and
entitled:
An act relating to the Beverage Law; creating s. 562.51,
Florida Statutes, providing that a person selling or furnishing
alcoholic beverages to another person is not thereby liable for
injury or damage caused by or resulting from the intoxication
of such other person; providing exceptions; providing an
effective date.
When stripped of superfluous language and viewed in the
light of existing law, HB 1546 is exposed as unwarranted insu-
lation from civil liability for business establishments dispensing
alcoholic beverages to minors in violation of the beverage law.
Business establishments licensed by the State of Florida to
dispense alcoholic beverages (licensees) are afforded substantial
and sufficient protection under existing law. HB 1546 would
unduly insulate licensees from civil liability while eviscerating
a one year old statute that affords licensees a degree of pro-
tection consistent with the public interest.
Under existing case law neither an intoxicated person nor
one injured by an intoxicated person has a legal remedy against
one who lawfully serves intoxicating liquors, in the absence of a
special statute, usually called a "Dram Shop Act," providing a
legal remedy. 45 Am.Jur.2d, Intoxicating Liquors 553 (1969).
Florida has no Dram Shop Act nor any otherwise denominated



November 27, 1979



HB 1546 would exacerbate the serious problem of teenage
drunken driving. A person who is intoxicated is from 7-50 times
more likely than normal to be involved in a traffic accident.
The risk is multiplied for the teenager who is not only an
inexperienced driver but also an inexperienced drinker. In Flor-
ida, of the fatal traffic accidents during 1975-1978 involving



OF REPRESENTATIVES 17

statute providing a cause of action against one lawfully serving
alcoholic beverages for injuries to or caused by consumers of
alcoholic beverages. Davis v. Shiappacossee, 155 So.2d at 367
(Fla. 1963).
I am informed that some interested parties and concerned
citizens believe that HB 1546 is necessary in order to insulate
alcoholic beverage licensees, as well as private party hosts, from
large, unavoidable civil damage awards based on the dispensing
of alcoholic beverages to minors in violation of Section 562.11,
Florida Statutes. Even a cursory analysis of the cases decided
under Section 562.11 would show that such beliefs have no
basis in law.
The courts have held that Section 562.11(1), which prohibits
sales of alcoholic beverages to persons under 18 years of age,
does not create a cause of action against a social host for
injuries sustained by one injured as a result of a host's dis-
pensing alcoholic beverages to a minor. United Services Auto-
mobile Association v. Butler, 359 So.2d 498 (Fla. 4th DCA 1978).
Those who might be sued civilly based on an unlawful sale of
alcoholic beverages to minors are business establishments li-
censed to dispense alcoholic beverages. The liability of licensees
is not unavoidable.
Licensees have avoided liability by raising fundamental de-
fenses provided by the law of negligence. For example, see
Bryant v. Jax Liquors, 352 So.2d 542 (Fla. 1st DCA 1977) and
Rio v. Minton and Palm Lounge, 291 So. 2d 214 (Fla. 2d DCA
1974). In light of these and similar court decisions, I must con-
clude that the law of negligence provides licensees substantial
protection from civil liability arising from violations of Section
562.11(1) (a).
In the Regular Session of the 1978 Legislature, licensees
received even further protection with the enactment of Section
562.11(1) (b), Florida Statutes (1978 Supp.), which provides a
licensee a simple, reasonable method by which it may secure
"a complete defense to any civil action" based on an unlawful
sale of alcoholic beverages to a minor. Section 562.11 (1)(b)
totally insulates those licensees who check a purchaser's drivers
license or other comparable identification and act in good faith
reliance upon the identification and appearance of the purchaser
in the belief that the purchaser is of legal age to consume
alcoholic beverages. To avoid civil liability altogether, a licensee
need only follow some of the routine procedures that would
normally be followed in deciding whether to accept a customer's
personal check.
The present law, therefore, imposes a modest condition on
the availability of a complete defense. Section 562.11(1) (b),
Florida Statutes (1978 Supp.) establishes a reasonable balance
between licensees' need for protection from lawsuits and the
public's need for protection from the harms that can result from
the imbibing of intoxicants by immature persons.
HB 1546 completely disrupts the balance achieved by the 1978
legislation. HB 1546 effectively eradicates the modest conditions
to the availability of the Section 562.11(1) (a) complete defense.
HB 1546 provides in relevant part that, "whoever willfully and
unlawfully sells or furnishes alcoholic beverages to a person
under 18 years of age may become liable for injury caused by
or resulting from the intoxication of such minor ." (Em-
phasis supplied). If HB 1546 were allowed to become law, a
licensee that sells alcoholic beverages to minors without care-
fully checking identification or scrutinizing physical appearance
of the purchaser could defend against civil liability on the
grounds that the sale to the minor was not "willful." The busi-
ness could negligently or even recklessly violate the law pro-
hibiting sales of alcoholic beverages to minors and stand unac-
countable in civil lawsuits to those persons who are injured by
intoxicated minors.
HB 1546 is an unwarranted alteration of existing law. It
would create the injustice of depriving an individual of a legal
remedy even where his or her injury is the natural, probable
and foreseeable result of criminal conduct. Considering the pro-
visions of Article II, Section 21, Florida Constitution, HB 1546
may be unconstitutional. However, I am withholding my approval
because HB 1546 is unconscionable.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



drivers 15-17 years of age, 55 percent of those tested had been
drinking and 32 percent were legally intoxicated. Arrests for
driving under the influence among 15-17 year olds increased
162 percent during the period 1974-1977.
Given the grave consequences of teenage drunken driving,
the citizens of Florida cannot tolerate legislation that could
worsen the problem.
For the above reasons, I am withholding my approval of
House Bill 1546, Regular Session of the Legislature commencing
on April 3, 1979, and do hereby veto same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Regulated Industries & Licensing.



Honorable George Firestone
Secretary of State
Dear Mr. Secretary:



June 29, 1979



By the authority vested in me as Governor of Florida under
the provisions of Article III, Section 8 of the Constitution of
the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 1580, enacted
by the Sixth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the regular session of 1979 and
entitled:
An act relating to the Administrative Procedure Act; amend-
ing the introductory paragraph of s. 120.57, Florida Stat-
utes, 1978 Supplement, and creating s. 120.575, Florida Stat-
utes, providing a separate procedure with regard to pro-
ceedings involving state contracts; providing for the applica-
bility of such procedures; adding subsection (15) to s. 120.68,
Florida Statutes, 1978 Supplement, prohibiting the district
court of appeal and the Supreme Court from enjoining or
staying agency action with respect to state contracts; amend-
ing s. 120.73, Florida Statutes, 1978 Supplement, providing
that nothing in the Administrative Procedure Act shall be
construed to provide an alternative forum for those actions
in eminent domain elsewhere provided by law; providing
for severability; providing an effective date.
One of the major aims of the Florida Administrative Pro-
cedure Act (APA) when it was enacted in 1974 was to achieve
uniformity in agency proceedings. 120.72, Florida Statutes.
However HB 1580 would set up separate procedures for
handling disputes involving the solicitation of the bids and
the award of contracts. Consequently, HB 1580 would thereby
generate an unrelated and unreconcilable set of procedures
for resolving a particular kind of dispute. The proliferation of
divergent sets of procedures would weaken the APA.
I am aware of the delay in acquisition of state purchases
that may result from requests for hearings under the APA.
HB 1580 would allow not only actual bidders, but also "pros-
pective" bidders to delay state purchasing by invoking a cum-
bersome procedural alternative to existing APA processes.
Agency proceedings should be expedited, not protracted.
HB 1580 would precipitate interminable and costly APA con-
tests to the detriment of agencies, litigants, and the taxpayers
of Florida.
Serious doubt exists as to the constitutionality of the pro-
visions of HB 1580 that purport to limit the appellate juris-
diction of the Florida Supreme Court, and the District Courts
of Appeal. HB 1580 also contains a highly suspect provision
which would deprive the courts of their constitutional preroga-
tive to issue all writs necessary or proper to complete the
proper exercise of their jurisdiction. Article V, Florida Con-
stitution (1968).
For the foregoing reasons, I am withholding my approval
of House Bill 1580, Regular Session of the Legislature com-
mencing on April 3, 1979, and do hereby veto same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Transportation.



Honorable George Firestone
Secretary of State
Dear Mr. Secretary:



June 19, 1979



By authority vested in me as Governor of Florida, under pro-
visions of Article III, Section 8, of the Constitution of the
State of Florida, I hereby withhold my approval of and trans-
mit to you with my objections House Bill 1824 enacted by the
Sixth Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1979, entitled:
"An act relating to optometrists, creating Chapter 463,
Florida Statutes, providing intent and definitions; providing
applicability of the chapter; providing for a Board of Op-
tometry and providing the membership and terms of the
board; providing eligibility requirements for examination;
providing requirements with respect to licenses; providing
procedures for the renewal of licenses; providing for inactive
status and license cancellation; providing disciplinary ac-
tions and penalties and specifying grounds therefore; pro-
viding criminal penalties for specified unlawful acts with re-
spect to the practice and licensing of optometry; providing
for optometric services to public agencies; providing for keep-
ing of prescriptions; providing for making copies available
upon request; providing for supportive personnel; providing
for prosecution of criminal violations; providing for recipro-
city; providing for effect on certain rules; providing for re-
peal and legislative review; repealing chapter 463, Florida
"Statutes; providing an effective date."
House Bill 1824 received final vote for passage in both
houses of the Legislature on June 1, 1979.
On June 5, 1979 the Legislature enacted House Bill 1849
which corrected certain objectionable language contained in
House Bill 1824 relating to employment of optometrists. It
also limits rule making authority of the Board with respect to
establishment of the practice of Optometry in mercantile or
commercial establishments.
For the above reasons, I am withholding my approval of
Committee Substitute for House Bill 1824, Regular Session of
the Legislature, commencing on April 3, 1979, and do hereby
veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1979 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Regulatory Reform.

Introduction and Reference

By Representatives C. F. Jones, T. F. Lewis, Lockward, Beard,
R. C. Johnson, Foster, Warner, Plummer, Hagler, Hector,
Haben, Nuckolls, and Dunbar-
HB 31-C-A bill to be entitled An act relating to the Florida
Transportation Code; adding subsections (3) and (4) to s.
337.34, Florida Statutes, providing legislative intent; authoriz-
ing the Department of Transportation to utilize certain funds
for the Accelerated Construction of Interstate Program; pro-
viding for adjustments in certain contracts; providing an ef-
fective date.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.

By Representative Crady-

HB 32-C-A bill to be entitled An act relating to school
buildings in Nassau County; repealing section 6, chapter
79-517, Laws of Florida, which provides that no referendum or
election is required; amending section 10, chapter 79-517, Laws
of Florida; conditioning the effectiveness of the act upon
approval of the electors voting in a special election held at the
time of the next presidential preference primary; providing
an effective date.
Proof of publication of the required notice was attached.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.



18



November 27, 1979








19



JOURNAL OF THE HOUSE OF REPRESENTATIVES



HB 33-C-Introduced earlier today.

By the Committee on Judiciary-
HB 34-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5
of Article XI of the State Constitution for the approval or
rejection by the electors of Florida of a joint resolution amend-
ing Section 3 of Article V of the State Constitution to modify
the jurisdiction of the Supreme Court; providing for publication
of notice and for procedures; providing an effective date.
-was read the first time by title and placed on the Calendar
without reference.

By Representatives Hollingsworth and Hodges-
HB 35-C-A bill to be entitled An act relating to agricul-
tural inspections; amending s. 570.15(1) and (2), Florida Stat-
utes, providing that the Commissioner of Agriculture may
designate, in writing, individuals who shall have access to
regulated premises or vehicles for agricultural inspection pur-
poses; providing for access to documents which could be used
for agricultural purposes; providing for search warrants to be
issued to certain persons for the regulatory inspection of prem-
ises and vehicles under certain circumstances; requiring drivers
of certain vehicles to submit to agricultural inspections under
penalty of law; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Criminal Justice.

By the Committee on Appropriations-
HB 36-C-A bill to be entitled An act relating to education;
creating the "1980 Countercyclical Construction Industry Jobs
Program for Remodeling, Renovation, Repair, and Maintenance
of Educational Facilities"; providing legislative intent; pro-
viding definitions; providing for the allocation of funds; pro-
viding eligibility requirements for school boards to receive
funds; providing for distribution of funds; providing for the
reallocation of funds under certain circumstances; providing for
administration; providing an appropriation; amending s. 235.32,



Florida Statutes, requiring performance bonds under certain cir-
cumstances; providing an effective date.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.
By the Committee on Commerce-

HB 37-C-A bill to be entitled An act relating to extensions
of credit; amending section 15 of chapter 79-274, Laws of Flor-
ida; broadening application of the prospective effect provision
of chapter 79-274, Laws of Florida; clarifying certain termi-
nology; providing for retroactive application in certain cases;
providing an effective date.
-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview
of the Call.

Reports of Standing Committees
The Committee on Appropriations recommends the following
pass: HB 16-C
The above bill was referred to the Committee on Judiciary.

The Committee on Appropriations recommends the follow-
ing pass:
HB 13-C, with amendment (Fiscal Note Attached)
HB 15-C, with amendments (Fiscal Note Attached)
HJR 22-C, with amendments
HJR 21-C, with amendment
HJR 20-C
HB 18-C, with amendment
HB 17-C
HB 30-C
The above bills were placed on the calendar.

Adjournment
Pursuant to the motion previously adopted, the House ad-
journed at 6:53 p.m. to reconvene at 9:30 a.m. tomorrow.



November 27, 1979















e Jourial OF THE


'Vouse of Npreseq tatives


SPECIAL SESSION



Wednesday, November 28, 1979



The House was called to order by the Speaker at 9:30 a.m.

The following Members were recorded present:



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn



Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood



Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Malloy
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson



Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Excused: Representative Fontana due to death in family;
Representative Reynolds due to illness; Representative Gordon.

A quorum was present.

Prayer
Prayer was offered by Representative Richard S. Hodes.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of November 27 was corrected and approved as
follows: On page 5, column 1, line 5 from bottom, strike "sales"
and insert "sale"; in column 2, line 15 of title of HB 18-C,
strike "Commission" and insert "Commissioner"; on page 6,
column 2, at beginning of line 15 of title of HB 30-C, insert
"such"; on page 9, in roll call vote in column 2, insert "Johnson,
A. E." in Yea votes and strike "Johnson, A. E." in Nay votes;
on page 10, column 1, in roll call vote on adoption of Amend-
ment 2 to HJR 20-C, strike "Burnsed" and "O'Malley" in Yea
votes and insert "Burnsed" in Nay votes; on page 11, in roll
call vote in column 1, in Yea votes, strike "Flynn" and "Mills"
and insert "Mica", in Nay votes, strike "Mica" and insert
"Flynn" and "Mills"; on page 13, column 1, at beginning of line
20



21 from bottom, insert "such"; on page 14, column 1, line 10
from bottom, strike "Commission" and insert "Commissioner";
on page 19, column 2, strike lines 3 and 4 from top, and insert
"-was placed in the Committee on Rules & Calendar, the
Speaker having ruled the measure was outside the purview of
the Call.

Recognition Ceremony for Florida State University Football
Team
On motion by Mr. Haben, the rules were waived and the
regular order of business was suspended for a recognition
ceremony honoring the Florida State University football team.
On motion by Mr. Morgan, Representatives Morgan, Burnsed,
Bush, Dunbar, Hieber, B. L. Johnson, Kelly, Kiser, J. W. Lewis,
Ready, Richmond, Sheldon, Thompson, Ward, Woodruff, and
Martin were appointed as a committee to escort the honorees
to the well.

On motions by Mr. Morgan, the rules were waived and-
By Representatives Morgan, Price, Thompson, Ward, B. L.
Johnson, Burnsed, Sheldon, Woodruff, Ready, Richmond, Hieber,
Martin, Kiser, Kelly, Boles, Dunbar, and Bush-
HR 45-C-A resolution commending the 1979 Florida State
University football team.
WHEREAS, the Florida State University Seminole football
team has recently completed a perfect 11-0 undefeated season
for the first time in the history of its competition at the
major college level, and
WHEREAS, during the course of this remarkably successful
season, the Seminoles have appeared on network television on
three occasions, attracted virtual sellout crowds to each of their
home games, defeated four teams who, at the time of their
encounter, were among the Top 20 rated teams, and have risen
to the status of the Number 4 ranked team in the nation
according to the most current Associated Press Poll, and
WHEREAS, in recognition of the accomplishments of the
1979 edition of the Florida State University football team, the
Fighting Seminoles have been invited to appear in the prestigi-
ous Orange Bowl game in Miami on January 1, 1980, at which
time it is expected that they will extend their record to 12 and 0
at the expense of a very fine University of Oklahoma football
team, and
WHEREAS, the House of Representatives of the State of
Florida is justly proud of the success and accomplishments of
the Florida State University football team in the season just
completed, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida:
That the House of Representatives of the State of Florida,
in special session assembled, and on behalf of the people of
the State as a whole, does hereby commend and congratulate
the coaches, staff, and players of the 1979 Florida State
University Seminole football team, for its many accomplish-
ments both on and off the field of play, and wishes to express
its sincere appreciation and admiration to a team, a staff and
a university which is truly a credit to itself and to the people
of Florida.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



BE IT FURTHER RESOLVED that a copy of this resolu-
tion be presented to President Bernie Sliger and to Head Coach
Bobby Bowden as a tangible token of the sentiments expressed
herein.
-was read the first time by title, the second time in full and
adopted.
Mr. Morgan paid tribute to the football team upon their
outstanding season with an 11 and 0 record and their being
invited to participate in the Orange Bowl game in Miami on
New Year's Day. He introduced team members Mike Good,
Ivory Joe Hunter, Jimmy Jordan, and Wally Woodham accom-
panied by Coach Bob Harbison. Mr. Morgan presented Coach
Harbison for brief remarks. The Speaker introduced former
FSU football player, T. K. Wetherell from Daytona Beach, who
was visiting in the Chamber. The guests were then escorted
from the Chamber.

Waiver of Rule 10.9
Mr. Haben moved that Rule 10.9, relating to reconsideration,
be waived so that motions to reconsider may be left pending
on bills for this Special Session, which was agreed to by two-
thirds vote.

Consideration of Bills and Joint Resolutions on Third
Reading
HB 15-C-A bill to be entitled An act relating to local gov-
ernment; creating a County Audit Trust Fund and providing
for distribution of funds therein to the counties; providing duties
of the Department of Community Affairs; providing an appro-
priation from the fund to the department; creating the Auditing
Selection Act; providing definitions; providing procedures for
units of local government to obtain independent auditing ser-
vices; providing for public announcements; providing for estab-
lishment of auditor qualification committees in noncharter coun-
ties and providing duties thereof with respect to selection of
qualified auditors; requiring competitive bidding by qualified
auditors; amending s. 129.04, Florida Statutes; providing for
annual county postaudits; providing for discussion of auditor's
comments with county officers; providing for written statements
in response thereto; amending s. 11.45(3) (a), Florida Statutes;
providing a date for submission of certain county postaudits;
amending s. 218.32(1) (b), Florida Statutes; deleting the require-
ment that information in the annual financial report of certain
local governments be completed by a certified public accountant;
providing effective and expiration dates.
-was read the third time by title.

Representative Martin offered the following title amendment:
Amendment 10-On page 1, between lines 27-28 insert: pro-
vides authority for certain agencies, district school boards, and
district boards of trustees of community colleges to have a per-
formance audit or postaudit by an independent certified public
accountant;
Mr. Martin moved the adoption of the amendment, which
was adopted.

Representative Martin offered the following amendment:
Amendment 11-On page 11, line 3, insert between "records"
and "by": performed
Mr. Martin moved the adoption of the amendment, which was
adopted by two-thirds vote.

Representative Martin offered the following amendment:
Amendment 12-On page 10, line 31, strike "this section" and
insert: section 11.45, Florida Statutes
Mr. Martin moved the adoption of the amendment, which was
adopted by two-thirds vote.

Representative Martin offered the following amendment:
Amendment 13-On page 3, lines 15-16, strike "2(a) and (b)
of this section." and insert: subsection 2



Mr. Martin moved the adoption of the amendment, which was
adopted by two-thirds vote.



The question recurred on the passage of HB 15-C. The vote
was:

Yeas-114



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gallagher'
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kershaw



Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett



Nays-None
Votes after roll call:
Yeas-C. F. Jones, Malloy, Sadowski
So the bill passed, as further amended,
grossed.



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



and was ordered en-



Mr. Haben moved that the House reconsider the vote by which
HB 15-C passed and left the motion pending.

HB 12-C-A bill to be entitled An act relating to banking;
amending s. 659.06, Florida Statutes, relating to places of trans-
acting banking business; removing certain restrictions upon the
number and location of branch banks; authorizing the establish-
ment of branch banks by merger with banks throughout the
state; providing restrictions; requiring rules; specifying stand-
ards for review of branch bank applications; declaring certain
facilities located on military bases or installations tobe beranch-
es; providing an effective date.
-was read the third time by title. On passage, the vote wast:

Yeas-98



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Brantley
Burnsed
Burrall
Carlton
Carpenter
Conway
Cox
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Gustafson
Haben
Hagler
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hodes
Hodges
Jennings
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser



Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Upchurch
Ward
Watt
Woodruff
Young



21



November 28, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-18
Boles Hall Johnson, R. C.
Bush Hieber Mann
Campbell Hollingsworth Mitchell
Crady Johnson, A. E. Thompson
Girardeau Johnson, B. L. Tygart
Votes after roll call:



Warner
Weinstock
Williams



Yeas-Malloy
So the bill passed.

Mr. Haben moved that the House reconsider the vote by
which HB 12-C passed and left the motion pending.

HB 13-C-A bill to be entitled An act relating to the public
defender; amending s. 27.51(4), Florida Statutes, providing
which public defender shall handle appeals in the fifth appel-
late district; providing an effective date.
-was read the third time by title.

The Committee on Rules & Calendar offered the following
title amendment:
Amendment 2-On page 1, line 5, after the semicolon in-
sert: providing an appropriation;
Mr. Thompson moved the adoption of the amendment, which
was adopted.

The question recurred on the passage of HB 13-C. The vote
was:

Yeas-114



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Cox-
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn
Flynn



Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood



Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson



Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Malloy, Conway, Bell
So the bill passed, as further amended, and was ordered en-
grossed.

Mr. Haben moved that the House reconsider the vote by
which HB 13-C passed and left the motion pending.

HJR 20-C-A joint resolution proposing amendments to Sec-
tions 1 and 6 of Article VII of the State Constitution re-
lating to finance and taxation.
--was read the third time by title.



The Committee on Rules & Calendar offered the following
amendment:
Amendment 5-On page 1, line 8, and page 3, line 17, strike
"Sections 1 and 6" and insert "Section 1" and on page 2,
lines 18-30 and page 3, lines 1-12, strike all of said lines
Mr. Pajcic moved the adoption of the amendment, which was
adopted by two-thirds vote.

The Committee on Rules & Calendar offered the follow-
ing amendment:
Amendment 6-On page 1, lines 16-18, strike all of said
lines and insert: effect upon such approval;
Mr. Pajcic moved the adoption of the amendment, which
was adopted by two-thirds vote.

The Committee on Rules & Calendar offered the following
title amendment:
Amendment 7-On page 1, line 3, strike "Sections 1 and 6"
and insert: Section 1
Mr. Pajcic moved the adoption of the amendment, which
was adopted.

The question recurred on the passage of HJR 20-C which
now reads as follows:
HJR 20-C-A joint resolution proposing amendments to Sec-
tion 1 of Article VII of the State Constitution relating to
finance and taxation.
Be It Resolved by the Legislature of the State of Florida:
That the amendments to Section 1 of Article VII of the State
Constitution set forth below are hereby agreed to and that the
same shall be submitted to the electors of this state for approval
or rejection at a special election to be held on March 11, 1980;
provided that if such amendments are not submitted to the
electors at a special election on March 11, 1980, they shall be
submitted to the electors at the next general election, and, if
approved, such amendments shall take effect upon such ap-
proval;
ARTICLE VII
FINANCE AND TAXATION
SECTION 1. Taxation; appropriations; state expenses.-
(a) No tax shall be levied except in pursuance of law. No
state ad valorem taxes shall be levied upon real estate or
tangible personal property. All other forms of taxation shall be
preempted to the state except as provided by general law.
(b) Motor vehicles, boats, airplanes, trailers, trailer coaches
and mobile homes, as defined by law, shall be subject to a license
tax for their operation in the amounts and for the purposes
prescribed by law, but shall not be subject to ad valorem taxes.
(c) No money shall be drawn from the treasury except in
pursuance of appropriation made by law.
(d) Provision shall be made by law for raising sufficient
revenue to defray the expenses of the state for each fiscal
period.
(e) Provision shall be made by law to ensure that the state's
general revenue fund appropriations shall not exceed the prior
year's total general revenue fund appropriation as adjusted by
the rate of change in population and other economic factors
defined by law except that provisions may be made to average
said rates over the business cycle. No appropriation in excess
of this limitation shall be made unless the legislature shall,
through a separate appropriation act, set forth the specific
appropriations by which the limit will be exceeded. All general
revenue fund receipts in excess of authorized appropriations
shall be placed in a stabilization fund for use as determined by
law.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the substance
of the amendments proposed herein shall appear on the ballot
as follows:



Proposing an amendment to Section 1 of Article VII of the
State Constitution, relating to finance and taxation, to place a
limitation on appropriations from the General Revenue Fund.



November 28, 1979



22








JOURNAL OF THE HOUSE OF REPRESENTATIVES

ras suggested. A quorum of 113 ARTICLE V

JUDICIARY



On passage of HJR 20-C, the vote was:



Yeas-64
The Chair
Allen
Barrett
Batchelor
Beard
Bell
Boles
Burnsed
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Eckhart
Flinn

Nays-51
Bankhead
Brantley
Burrall
Bush
Campbell
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Evans



Flynn 'Johnson, R. C.
Foster Jones, C. F.
Girardeau Kelly
Gustafson Kershaw
Haben Lehman
Hagler Lewis, J. W.
Hall Liberti
Hattaway Lippman
Hawkins, L. R. Lockward
Hazouri Martin
Healey Martinez
Hodes Mills
Hodges Mitchell
Hollingsworth Moffitt
Johnson, A. E. Morgan
Johnson, B. L. Ogden



Ewing Mann
Fox Margolis
Gallagher McCall
Gardner McPherson
Hawkins, M. E. Meek
Hector Melby
Hieber Mica
Jennings Myers
Jones, D. L. Nergard
Kirkwood Nuckolls
Kiser Patchett
Kutun Plummer
Lewis, T. F. Ready



Votes after roll call:
Yeas-Malloy
Nays--Gersten
So the joint resolution, as further amended, failed to pass
by the required Constitutional three-fifths vote of the member-
ship.

Mr. Kutun moved that the House reconsider the vote by
which HJR 20-C failed to pass and left the motion pending.

Without objection, the rules were waived and the House re-
verted to the order of-

Messages from the Senate
The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended, by the required Constitu-
tional three-fifths vote of all members elected to the Senate,
SJR 20-C, and requests the concurrence of the House.
Joe Brown, Secretary

By Committee on Judiciary-Civil-
SJR 20-C-A joint resolution proposing an amendment to
Section 3, Article V of the State Constitution, relating to the
organization and jurisdiction of the Supreme Court.

Be It Resolved by the Legislature of the State of Florida:

That the following amendment to Section 3 of Article V
of the State Constitution is hereby agreed to and shall be
submitted to the electors of this state for approval or rejec-
tion at a special election to be held in conjunction with the
presidential preference primary election in March 1980; and
which, if approved, shall take effect April 1, 1980.



23



O'Malley'
Pajcic
Patterson
Price
Robinson
Rosen
Ryals
Shackelford
Smith, C. R.
Smith, L. J.
Thomas
Thompson
Upchurch
Ward
Williams
Young



Richmond
Sadowski
Sample
Sheldon
Silver
Smith, J. H.
Spaet
Tygart
Warner
Watt
Weinstock
Woodruff



November 28, 1979



The absence of a quorum w
Members was present.



SECTION 3. Supreme court.-
(a) ORGANIZATION.-The supreme court shall consist of
seven justices. Of the seven justices, each appellate district
shall have at least one justice elected or appointed from the
district to the supreme court who is a resident of the district
at the time of his original appointment or election. Five jus-
tices shall constitute a quorum. The concurrence of four
justices shall be necessary to a decision. When recusals for
cause would prohibit the court from convening because of the
requirements of this section, judges assigned to temporary
duty may be substituted for justices.
(b) JURISDICTION.-The supreme court:
(1) Shall hear appeals from final judgments of trial courts
imposing the death penalty and from epdevs ef tAa4 eeuts
a04 decisions of district courts of appeal declaring invalid
a state statute or a provision of the state constitution initially
&R 4i4e4 4 pees ing + 4he v*al4d4.ty e4 e state 4etatae e a
eder4t statute e r treaty es eeefstoruing pevisieon e4 the
staea eo federal constitution.
(2) When provided by general law, shall hear appeals from
final judgments ead orders 4 tr4al eeuts impos4g life im-
iseimnet final jdgmertsl entered in proceedings for the
validation of bonds or certificates of indebtedness and shall
review action of statewide agencies relating to rates or service
of utilities providing electric, gas, or telephone service.
(3) May review b:y eertier-a any decision of a district
court of appeal that expressly declares valid a state statute,
or that expressly construes a provision of the state or federal
constitution, or that expressly affects a class of constitutional
or state officers7 that p eases ups e question eeeti4f4ed by a
distefret ee4 r appeal to be 4 great public interest or that
expressly and directly conflicts that is *in dire eenfl4et with
a decision of another any district court of appeal or of the
supreme court on the same question of law. and 4ay inter-
leentory epeode easing -yse a matter wLi'eh nyse fiml jedg-
ment w 4 be D cioeuly 4 a ppealable to 49the enuup eeeooo end
may isse writ e4 eertioari to esmmissi4ns established by
general l aw having etatowide juesdietisn.
(4) May review any decision of a district court of appeal
that passes upon a question certified by it to be of great
public importance, or that is certified by it to be in direct
conflict with a decision of another district court of appeal.
(5) May review any order or judgment of a trial court
certified by the district court of appeal in which an appeal
is pending to be of great public importance, or to have a great
effect on the proper administration of justice throughout
the state, and certified to require immediate resolution by the
supreme court.
(6) May review a question of law certified by the Supreme
Court of the United States or a United States Court of Ap-
peals which is determinative of the cause and for which there
is no controlling precedent of the supreme court of Florida.
(7)-4- May issue writs of prohibition to courts and
eemmiasien in ewaseis within thfe jrisdieties e4 the supreme
eur t to review, and all writs necessary to the complete exer-
cise of its jurisdiction.
(8)4--) May issue writs of mandamus and quo warrant to
state officers and state agencies.
(9)-4- May, or any justice may, issue writs of habeas
corpus returnable before the supreme court or any justice, a
district court of appeal or any judge thereof, or any circuit
judge.

tive aetis- precribed by general l.aw
(c) CLERK AND MARSHAL.-The supreme court shall
appoint a clerk and a marshal who shall hold office during the
pleasure of the court and perform such duties as the court
directs. Their compensation shall be fixed by general law. The
marshal shall have the power to execute the process of the








JOURNAL OF THE HOUSE OF REPRESENTATIVES



court throughout the state, and in any county may deputize
the sheriff or a deputy sheriff for such purpose.
BE IT FURTHER RESOLVED that the following statement
be placed on the ballot:
CONSTITUTIONAL AMENDMENT
ARTICLE V, SECTION 3
Proposing an amendment to the State Constitution to modify
the jurisdiction of the Supreme Court.
-was read the first time. On motions by Mr. Thompson, the
rules were waived and SJR 20-C was read the second time and
the third time. On passage, the vote was:

Yeas-107



Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Evans
Ewing
Flinn
Flynn



Foster
Fox
Gallagher
Gersten
Girardeau
Gustafson
Haben
Hagler
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hieber
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser
Kutun



Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer



Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-1



Burrall
Votes after roll call:
Yeas-Malloy, Allen, Hodes, Hector
Yeas to Nays-Flynn
So the joint resolution passed by the required Constitutional
three-fifths vote of the membership and was immediately certi-
fied to the Senate.

The Honorable J. Hyatt Brown, Speaker

I am directed to inform the House of Representatives that
the Senate has passed by the required Constitutional three-
fourths vote of all members elected to the Senate SB 21-C,
and requests the concurrence of the House.
Joe Brown, Secretary

By the Committee on Judiciary-Civil-
SB 21-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5
of Article XI of the State Constitution, for the approval or
rejection by the electors of a joint resolution amending Section
3 of Article V of the State Constitution relating to the judi-
ciary; providing for publication of notice and for procedures;
providing an effective date.
-was read the first time by title. On motions by Mr. Thomp-
son, the rules were waived and SB 21-C was read the second
time by title and the third time by title. On passage, the vote
was;



Yeas-113
The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly



Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic



Patchett
Patterson
Plummer
Price
Richmond
Robinson
Rosen
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Malloy
So the bill passed by the required Constitutional three-
fourths vote of the membership and was immediately certified
to the Senate.

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended SB 11-C, and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator Hair-
SB 11-C-A bill to be entitled An act relating to public de-
fenders; amending s. 27.51(4), Florida Statutes; providing that
the public defender for the seventh judicial circuit handle all
appeals within the district comprising the Fifth District Court
of Appeal; providing an effective date.
-was read the first time by title. On motion by Mr. Thomp-
son, the rules were waived and SB 11-C was read the second
time by title.

Representative Thompson offered the following amendment:
Amendment 1-On page 1, lines 10-29, and on page 2, lines
1-14, strike all of said lines and insert:
Section 1. Subsection (4) of section 27.51, Florida Statutes,
is amended to read:
27.51 Duties of public defender.-
(4) The public defenders for the judicial circuits enumer-
ated below may, if requested by any public defender within the
appellate district shown, handle all appeals to the state and fed-
eral courts required of the official making such request:
(a) Public defender of the second judicial circuit, on behalf
of any public defender within the district comprising the First
District Court of Appeal.
(b) Public defender of the twelfth judicial circuit, on behalf
of any public defender within the district comprising the Sec-
ond District Court of Appeal.
(c) Public defender of the eleventh judicial circuit, on be-
half of any public defender within the district comprising the
Third District Court of Appeal.



24



November 28, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



(d) Public defender of the fifteenth judicial circuit, on be-
half of any public defender within the district comprising the
Fourth District Court of Appeal.

(e) Public defender of the seventh judicial circuit, on behalf
of any public defender within the district comprising the Fifth
District Court of Appeal.

A sum shall be appropriated annually to the public defender of
those judicial circuits enumerated in paragraphs (a)-(e)
{4} for the employment of attorneys as part-time public de-
fenders, clerical employees, and expenses, including those in-
curred in cases on appeal.
Section 2. There is hereby appropriated $302,629 from the
General Revenue Fund to the 5th District Court of Appeal for
operations in the fiscal year 1979-80.

Section 3. This act shall take effect upon becoming a law.

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

Representative Thompson offered the following title amend-
ment:

Amendment 2-On page 1, lines 1-14, strike all of said lines
and insert: A bill to be entitled An act relating to the public
defender; amending s. 27.51(4), Florida Statutes, providing
which public defender shall handle appeals in the fifth appel-
late district; providing an appropriation; providing an effective
date.

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



On motion by Mr. Thompson, the
SB 11-C, as amended, was read the
passage, the vote was:



Yeas-113

The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing



Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood



rules were waived and
third time by title. On



Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson



Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-None

Votes after roll call:

Yeas-Flynn, Malloy

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



THE SPEAKER PRO TEMPORE IN THE CHAIR

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration
by the required constitutional two-thirds vote and passed-
By Senators W. D. Childers and Tobiassen-
SB 29-C-A bill to be entitled An act relating to Escambia
County; amending s. 8.2, chapter 79-453, Laws of Florida;
authorizing the Escambia County Civil Service Board to
exempt from the provisions of chapter 79-453, Laws of Florida,
employees employed by the Escambia County Public Health
Trust; providing an effective date.
Proof of publication of the required notice was attached

-and requests the concurrence of the House.

Joe Brown, Secretary

On motion by Mr. Robinson, agreed to by the required Con-
stitutional two-thirds vote, SB 29-C, contained in the above
message, was admitted for introduction, the Speaker having
ruled the measure was outside the purview of the Call. The
vote was:

Yeas-103



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans

Nays-4
Davis



Ewing Kelly
Flinn Kershaw
Flynn Kirkwood
Foster Kiser
Fox Lehman
Gallagher Lewis, J. W.
Gardner Lewis, T. F.
Girardeau Liberti
Gustafson Lippman
Haben Lockward
Hagler Mann
Hall Martin
Hattaway Martinez
Hawkins, L. R. McCall
Hawkins, M. E. McPherson
Hazouri Meek
Hector Melby
Hieber Mica
Hodges Mills
Hollingsworth Mitchell
Jennings Morgan
Johnson, A. E. Myers
Johnson, B. L. Nergard
Johnson, R. C. Nuckolls
Jones, C. F. Ogden
Jones, D. L. O'Malley



Kutun



Margolis



Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Weinstock
Williams
Woodruff
Young



Pajcic



Votes after roll call:
Yeas-L. J. Smith, Spaet, Malloy, Gersten
Yeas to Nays-J. W. Lewis
The bill was read the first time by title. On motions by Mr.
Robinson, the rules were waived and SB 29-C was read the
second time by title and the third time by title. On passage,
the vote was:



Yeas-108
The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed



Burrall
Campbell
Carlton
Carpenter
Conway
Crawford
Crotty
Danson
Davis
Deratany



Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn
Flynn
Foster
Gallagher



Gardner
Gersten
Girardeau
Gustafson
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri



November 28, 1979



25








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Healey
Hector
Hieber
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lehman



Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan



Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample



Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Malloy, Fox
So the bill passed.

Mr. Kutun moved that the House reconsider the vote by
which SB 29-C passed and left the motion pending.

THE SPEAKER IN THE CHAIR

Continuation of Consideration of Bills and Joint Reso-
lutions on Third Reading
HJR 21-C-A joint resolution proposing amendments to sec-
tions 3 and 9, and the creation of sections 16 and 17 of Article
VII of the State Constitution relating to finance and taxation.
Be It Resolved by the Legislature of the State of Florida:
That the amendments to Sections 3 and 9 and the creation
of sections 16 and 17 of Article VII of the State Constitution
set forth below are hereby agreed to and that the same shall
be submitted to the electors of this state for approval or re-
jection at a special election to be held on March 11, 1980;
provided that if it is not submitted to the electors at a special
election on March 11, 1980, it shall be submitted to the electors
at the next general election, and, if approved, shall take effect
upon such approval and, for ad valorem taxes, shall apply to
the taxes levied on the assessment rolls for the year 1981 and
each year thereafter:

ARTICLE VII
FINANCE AND TAXATION

SECTION 3. Taxes; exemptions.-
(a) All property owned by a municipality and used exclu-
sively by it for municipal or public purposes shall be exempt
from taxation. A municipality, owning property outside the
municipality, may be required by general law to make payment
to the taxing unit in which the property is located. Such
portions of property as are used predominately for educa-
tional, literary, scientific, religious or charitable purposes may
be exempted by general law from taxation.
(b) There shall be exempt from taxation, cumulatively, to
every head of a family residing in this state, household goods
and personal effects to the value fixed by general law, not less
than one thousand dollars, and to every widow or person who
is blind or totally and permanently disabled, property to the
value fixed by general law not less than five hundred dollars.
(c) Pursuant to general law and subject to conditions
specified therein, a county or municipality may, for the purpose
of its respective tax levy, and upon approval of a majority of
the electors residing therein, grant a community redevelopment
ad valorem exemption for improvements to real property
within a slum or blighted area designated for redevelopment
pursuant to a plan adopted by the county or municipality. The
amount of such exemption shall be established by general law.
The period of time for which such exemption may be granted
shall not exceed twenty-five years.



(d) Pursuant to general law and subject to conditions speci-
fied therein, a county or municipality may, for the purpose of
its respective tax levy, and upon approval of a majority of the
electors residing therein, grant an economic development ad
valorem exemption for additions of tangible personal property
and new improvements to real property used by a new business
or added tangible personal property and added improvements
to real property used by an expanded existing business. The
limits on the amount of such exemption shall be specified by
general law. The period of time for which such exemption may
be granted to a new business or expanded existing business
shall not exceed ten years. The authority to grant such exemp-
tion shall expire ten years from the date of approval by the
electors and may be renewable for periods of not more than
ten years per renewal as provided by general law.
(e) By general law and subject to conditions specified
therein, an energy conservation ad valorem exemption may be
granted for improvements to real property and tangible per-
sonal property used for energy conservation purposes. The
amount of such exemption and the period of time for which
such exemption may be granted shall be specified by general
law. This exemption may be granted in the form of an ad
valorem tax credit.

(f) By general law and subject to conditions specified
therein, historic property may be granted an ad valorem tax
exemption. The amount of said exemption shall be set by
general law at a specified percentage of the just value of the
property.

SECTION 9. Local taxes.-
(a) Counties, school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad valorem
taxes and may be authorized by general law to levy other
taxes, for their respective purposes, except ad valorem taxes
on intangible personal property and taxes prohibited by this
constitution.
(b) Ad valorem taxes, exclusive of taxes levied for the
payment of bonds and taxes levied for periods not longer than
two years, or not longer than ten years in the case of taxes
designated by a school board for capital improvements, when
authorized by vote of the electors who are the owners of free-
holds therein not wholly exempt from taxation, shall not be
levied in excess of the following millages upon the assessed
value of real estate and tangible personal property: for all
county purposes, ten mills; for all municipal purposes, ten
mills; for all school purposes, ten mills; for water management
purposes for the northwest portion of the state lying west of
the line between ranges two and three east, 0.05 mill; for water
management purposes for the remaining portions of the state,
1.0 mill; and for all other special districts a millage authorized
by law approved by vote of the electors who are owners of
freeholds therein not wholly exempt from taxation. A county
furnishing municipal services may, to the extent authorized by
law, levy additional taxes within the limits fixed for municipal
purposes.

SECTION 16. Revenue bonds for homeowner and renter
assistance.-

(a) When authorized by law, revenue bonds may be issued
without an election to finance or refinance state homeowner
and renter assistance programs.

(b) The bonds shall be secured by a pledge of and shall be
payable primarily from all or any part of revenues to be
derived from the financing, operation or sale of such facilities,
mortgage or loan payments, and any other revenues or assets
that may be legally available for such purposes derived from
sources other than ad valorem taxation, including revenues
from other facilities, or any combination thereof (herein collec-
tively referred to as "pledge revenues"). No state housing
agency established by law shall make mortgage loans directly
to any mortgagor.



(c) No bonds shall be issued unless a state fiscal agency,
created by law, has made a determination that in no state
fiscal year will the debt service requirements of the bonds
proposed to be issued and all other bonds secured by the same
pledged revenues exceed the pledged revenues available for
payment of such debt service requirements, as defined by law.



26



November 28, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



SECTION 17. Financing of community redevelopment
projects.-
(a) When provided by general law, a county or munici-
pality, or an authority created by general or special law and
governed by a county or municipality, may, upon approval of
a majority of the electors residing in the municipality in which
the community redevelopment area is located or in the county
if the community redevelopment area is located outside of mu-
nicipal boundaries, designate an area as a community rede-
velopment area and may:
(1) Provide for redevelopment of such area for residential,
recreational, commercial, or industrial uses;
(2) Acquire by eminent domain or otherwise, for purposes of
redevelopment, property located in such area provided that no
authority created by general or special law and governed by a
county or municipality shall have the authority to acquire any
property by eminent domain;
(3) Sell or transfer property acquired in such area to any
private person or public entity; and
(4) Issue revenue bonds, secured solely by a pledge of and
payable from tax increments, to finance or refinance the re-
development of such area. A tax increment shall consist of
that portion of the ad valorem tax revenues of the taxing au-
thority collected each year from property located in a desig-
nated community redevelopment area, which exceeds the tax
revenues that would have been collected at the current year's
village rate had such property been assessed at its value as
shown on the assessment roll in the year immediately prior to
the year in which the area was designated as a community re-
development area.
(b) Community redevelopment plans, as may be authorized
by general law shall:
(1) Contain the findings and determinations of the elected
governing body that the community redevelopment area is a
slum or blighted area; and
(2) Contain the findings and determinations of the elected
governing body that the community redevelopment agency has
a feasible method or plan to provide replacement housing for
those persons temporarily or permanently displaced from hous-
ing facilities within the community redevelopment area.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the substance
of the amendments proposed herein shall appear on the ballot
as follows:
Proposing to amend sections 3 and 9 of Article VII of the
State Constitution, and to add sections 16 and 17 thereto, re-
lating to finance and taxation, to:
1. Authorize ad valorem tax exemptions for county and
municipal community redevelopment and economic development
programs.
2. Authorize an energy conservation ad valorem tax exemp-
tion.
3. Authorize an ad valorem tax exemption for historic
property.
4. Permit the levy of a 10-year school tax for capital im-
provements upon approval by the electors.
5. Authorize the issuance of revenue bonds to finance or
refinance state homeowner and renter assistance programs.
6. Authorize counties and municipalities to designate com-
munity redevelopment areas and to exercise eminent domain
powers and issue revenue bonds with respect thereto.
-was read the third time.

Representative Gallagher offered the following amendment:
Amendment 7-On page 2, line 20, after "levy," insert:
upon approval by petition requiring the signatures of at least
10 percent of the registered voters residing in the municipality
in which the community redevelopment area is located or in
the county if the community redevelopment area is located out-
side of municipal boundaries,



Mr. Gallagher moved the adoption of the amendment. With-
out objection, the amendment was withdrawn.



Representative Gallagher offered the following amendment:
Amendment 8-On page 3, line 3, after the word "property"
insert: or tangible personal property
Mr. Gallagher moved the adoption of the amendment. With-
out objection, the amendment was withdrawn.

The question recurred on the passage of HJR 21-C. The vote
was:



Yeas-81
The Chair
Allen
Barrett
Batchelor
Beard
Bell
Boles
Burnsed
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Davis
Dyer
Eckhart
Flinn
Flynn
Foster

Nays-33
Bankhead
Brantley
Burrall
Bush
Crotty
Danson
Deratany
Dunbar
Easley



Fox
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Hodges
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly


Evans
Ewing
Gallagher
Hawkins, M. E.
Hieber
Jennings
Jones, D. L.
Kirkwood
Kiser



Kershaw
Kutun
Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McPherson
Meek
Mills
Mitchell
Moffitt
Morgan
Ogden
Pajcic
Patterson
Plummer


Lewis, T. F.
McCall
Melby
Mica
Myers
Nergard
Nuckolls
Patchett
Ready



Price
Robinson
Rosen
Sadowski
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, L. J.
Spaet
Thomas
Thompson
Upchurch
Ward
Warner
Weinstock
Williams
Young





Richmond
Sample
Smith, J. H.
Tygart
Watt
Woodruff



Votes after roll call:
Yeas-Malloy
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of the membership.

Mr. Haben moved that the House reconsider the vote by
which HJR 21-C passed and left the motion pending.

HJR 22-C-A joint resolution proposing amendments to Sec-
tions 3, 4, 6, 8 and 9 of Article VII of the State Constitution
relating to finance and taxation.
-was read the third time.

Representatives Ogden, Robinson, Kiser, and Pajcic offered
the following amendment:
Amendment 5-On page 2, line 22, after the word "property"
insert: and tangible personal property
Mr. Ogden moved the adoption of the amendment, which was
adopted by two-thirds vote.

The Committee on Rules & Calendar offered the following
amendment:
Amendment 6-On page 5, line 11, strike "resident of the
state" and insert: head of a household whether married or
single residing in this state
Mr. Haben moved the adoption of the amendment, which
was adopted by two-thirds vote.

The question recurred on the passage of HJR 22-C, which
now reads as follows:



27



November 28, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



HJR 22-C-A joint resolution proposing amendments to
Sections 3, 4, 6, 8 and 9 of Article VII of the State Constitution
relating to finance and taxation.
Be It Resolved by the Legislature of the State of Florida:
That the amendments to Sections 3, 4, 6, 8, and 9 of Article
VII of the State Constitution set forth below are hereby agreed
to and shall be submitted to the electors of this state for
approval or rejection at a special election to be held on
March 11, 1980; provided that if such amendments are not
submitted to the electors at a special election on March 11,
1980, they shall be submitted to the electors at the next gen-
eral election, and, if approved, shall take effect upon such
approval and, for ad valorem taxes, shall apply to the taxes
levied on the assessment rolls for the year 1981 and each
year thereafter:
ARTICLE VII
FINANCE AND TAXATION
SECTION 3. Taxes; exemptions.--
(a) All property owned by a municipality and used ex-
clusively by it for municipal or public purposes shall be exempt
from taxation. A municipality, owning property outside the
municipality, may be required by general law to make pay-
ment to the taxing unit in which the property is located. Such
portions of property as are used predominately for educa-
tional, literary, scientific, religious or charitable purposes may
be exempted by general law from taxation. -
(b) There shall be exempt from taxation, cumulatively, to
every head of a f-m4ty household whether married or single,
residing in this state, household goods and personal effects
to the value fixed by general law, not less than one thousand
dollars, and to every widow or widower or person who is
blind or totally and permanently disabled, property to the
value fixed by general law not less than five hundred dollars.
SECTION 4. Taxation; assessments.-By general law regu-
lations shall be prescribed which shall secure a just valuation
of all property for ad valorem taxation, provided:
(a) Agricultural land or land used exclusively for non-
commercial recreational purposes may be classified by general
law and assessed solely on the basis of character or use.
(b) Pursuant to general law tangible personal property held
for sale as stock in trade and livestock may be valued for
taxation at a specified percentage of its value, may be classi-
fied for tax purposes, or may be exempted from taxation.
(c) By general law enacted by the affirmative vote of two-
thirds of the membership of each house of the legislature,
all other property may be assessed at a uniform proportion
of its just valuation or improvements to real property and
tangible personal property may be assessed at a proportion
of its just valuation. Provided, however, that upon adoption
of a proportion less than 100 percent, the value of all village
caps imposed pursuant to section 9 herein, all village caps
authorized by special acts or a vote of the electors, and all
exempt amounts authorized as a fixed dollar amount pursuant
to section 6 herein, are hereby adjusted by an amount neces-
sary to maintain the same proportionate relationship between
said amounts and the authorized fractional assessment rate.
The legislature is hereby empowered to establish by general
law adjustments less than those necessary to maintain said
relationship.
SECTION 6. Homestead exemptions.-
(a) Every person who has the legal or equitable title to
real estate and maintains thereon the permanent residence
of the owner, or another legally or naturally dependent upon
the owner, shall be exempt from taxation thereon, except as-
sessments for special benefits, up to the assessed valuation
of five thousand dollars, upon establishment of right thereto
in the manner prescribed by law. The real estate may be held
by legal or equitable title, by the entireties, jointly, in com-
mon, as a condominium, or indirectly by stock ownership or
membership representing the owner's or member's proprietary
interest in a corporation owning a fee or a leasehold initially in
excess of ninety-eight years.



(b) Not more than one exemption shall be allowed any
individual or family unit or with respect to any residential



unit. No exemption shall exceed the value of the real estate
assessable to the owner or, in case of ownership through stock
or membership in a corporation, the value of the proportion
which his interest in the corporation bears to the assessed
value of the property.
(c) By general law and subject to conditions specified
therein, the exemption may be increased up to an amount not
exceeding ten thousand dollars of the assessed value of the
real estate if the owner has attained age sixty-five or is totally
and permanently disabled.
(d) By general law and subject to conditions specified there-
in, the legislature may increase the value of exemptions pro-
vided in this section to reflect inflation or changes in overall
assessment levels.
SECTION 8. Aid to local governments.-State funds may
be appropriated to the several counties, school districts, munici-
palities or special districts upon such conditions as may be
provided by general law. The relative ad valorem assessment
levels of the counties, as determined by an agency designated
by general law, may be used without limitation in the appro-
priation of state funds.
SECTION 9. Local taxes.-
(a) Counties, school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad valorem
taxes and may be authorized by general law to levy other
taxes, for their respective purposes, except ad valorem taxes
on intangible personal property and taxes prohibited by this
constitution.
"(b) Ad valorem taxes, exclusive of taxes levied for the
payment of bonds and taxes levied for periods not longer
than two years when authorized by vote of the electors who
are the owners of freeholds therein not wholly exempt from
taxation, shall not be levied in excess of the following millages
upon the assessed value of real estate and tangible personal
property: for all county purposes, ten mills; for all municipal
purposes, ten mills; for all school purposes, ten mills; for
water management purposes for the northwest portion of the
state lying west of the line between ranges two and three
east, 0.05 mill; for water management purposes for the re-
maining portions of the state, 1.0 mill; and for all other in-
dependent special districts a millage authorized by law and
approved by vote of the electors who are owners of freeholds
therein not wholly exempt from taxation. A county furnishing
municipal services may, to the extent authorized by law, levy
additional taxes within the limits fixed for municipal purposes.
BE IT FURTHER RESOLVED that in accordance with
the requirements of section 101.161, Florida Statutes, the sub-
stance of the amendments proposed herein shall appear on
the ballot as follows:
Proposing to amend Sections 3, 4, 6, 8 and 9 of Article VII
of the State Constitution, relating to finance and taxation, to:
1. Extend the tax exemption for household goods and per-
sonal effects to every head of a household whether married
or single residing in this state.
2. Authorize the classification for taxation, or exemption
therefrom, of inventory and livestock.
3. Authorize ad valorem tax assessments to be established
at a uniform proportion of its just value.
4. Authorize an increase in the homestead exemption to
reflect inflation or changes in overall assessment levels.
5. Provide that relative county assessment levels may be
used in the appropriation of state funds to the counties.

On passage of HJR 22-C, the vote was:

Yeas-77



The Chair
Allen
Barrett
Batchelor
Bell
Boles
Burnsed



Campbell
Carlton
Conway
Cox
Crady
Davis
Dyer



Eckhart
Flinn
Flynn
Fox
Gallagher
Gardner
Gersten



Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.



28



November 28, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Hazouri
Healey
Hector
Hodes
Hodges
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kershaw
Kutun
Lehman



Nays-37
Bankhead
Beard
Brantley
Burrall
Bush
Carpenter
Crawford
Crotty
Danson
Deratany



Lewis, J. W.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Mills
Mitchell


Dunbar
Easley
Evans
Ewing
Foster
Hawkins, M.
Hieber
Jennings
Jones, D. L.
Kelly



Moffitt
Morgan
Ogden
Pajeic
Patterson
Plummer
Price
Robinson
Rosen
Sadowski
Shackelford
Sheldon
Silver


Kirkwood
Kiser
Lewis, T. F.
Melby
Mica
E. Myers
Nergard
Nuckolls
Patchett
Ready



Smith, C. R.
Smith, L. J.
Spaet
Thomas
Upchurch
Ward
Warner
Weinstock
Williams
Young



Richmond
Sample
Smith, J. H.
Thompson
Tygart
Watt
Woodruff



Votes after roll call:
Yeas-Malloy
Yeas to Nays-Gallagher, Hollingsworth
Nays to Yeas-Ready, Crawford
So the joint resolution passed, as further amended, by the
required Constitutional three-fifths vote of the membership and
was ordered engrossed.

Mr. Haben moved that the House reconsider the vote by which
HJR 22-C passed and left the motion pending.

HB 30-C-A bill to be entitled An act relating to ad valorem
taxation; creating s. 193.1145, Florida Statutes, providing intent;
providing for interim assessment rolls under specified circum-
stances; specifying the valuations to be shown on such assess-
ment rolls; requiring taxing units to levy provision millage
rates upon such assessment rolls and to certify the rates to
the property appraiser; providing for the applicability of certain
laws to such rates; providing duties of property appraisers,
tax collectors, and circuit court clerks with respect to such
interim assessment rolls; specifying certain notice in tax bills
based on such assessment rolls; providing for the recomputation
of millage rates and for the reconciliation of interim and ap-
proved assessment rolls for certain purposes; providing for and
restricting billings and refunds based upon such reconciliation;
authorizing delays in supplemental billing or refunding; provid-
ing a form for notice of supplemental bills or refunds; providing
for review of interim assessments; providing for the applica-
bility of certain delinquent tax provisions to delinquent provi-
sional taxes based upon such interim assessment rolls; providing
that the recomputation of millage rates shall not affect the
amount of revenues to school districts, counties and municipali-
ties; providing for the effect of provisional millage rates levied
by multi-county taxing authorities; amending s. 197.012, Florida
Statutes, specifying an alternative date by which tax collectors
must collect delinquent taxes; creating s. 197.0125, Florida Stat-
utes, authorizing certain delays in time requirements relating
to the collection of or administrative procedures regarding delin-
quent taxes; amending s. 120.57(1) (b), Florida Statutes, con-
forming provisions relating to formal proceedings to the act;
creating s. 120.571, Florida Statutes, providing uniform proce-
dures for decisions relating to the levy, assessment or refund
of certain taxes, tax roll approvals, and county assessment
levels; including the Comptroller as a party in matters involving
refunds; providing that the hearing officer's order shall con-
stitute final agency action; providing for judicial review; adding
a new subsection (3) to s. 120.65, Florida Statutes, providing
that hearing officers who conduct hearings on matters specified
in s. 120.571, Florida Statutes, shall demonstrate expertise in
the area of taxation; adding a new subsection (2) to s. 120.69,
Florida Statutes, providing for the enforcement of final agency
action on such tax matters; providing for severability; pro-
viding an effective date.
-was read the third time by title. On passage, the vote was:



Yeas-67
The Chair
Barrett
Batchelor
Bell
Burnsed
Campbell
Carlton
Conway
Cox
Crawford
Davis
Dyer
Easley
Eckhart
Ewing
Flinn
Foster

Nays-41
Allen
Bankhead
Boles
Brantley
Burrall
Bush
Carpenter
Crady
Crotty
Danson
Deratany



Fox
Gardner
Girardeau
Gustafson
Haben
Hagler
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hodes
Johnson, A. E.
Johnson. B. L.
Jones, C. F.
Kershaw


Dunbar
Evans
Gallagher
Hall
Hieber
Hodges
Hollingsworth
Jennings
Johnson, R. C.
Jones, D. L.
Kelly



Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McPherson
Meek
Mills-
Moffitt
Morgan
Pajcic


Kirkwood
Kiser
McCall
Melby
Mica
Mitchell
Myers
Nergard
Nuckolls
Richmond
Sample



Patchett
Patterson
Plummer
Price
Ready
Robinson
Rosen
Sheldon
Silver
Smith, L. J.
Spaet
Ward
Warner
Watt
Weinstock
Young



Shackelford
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Upchurch
Williams
Woodruff



Votes after roll call:
Yeas-Gersten, Malloy, Flynn
Nays-Thomas
So the bill passed, as amended.



Mr. Haben moved that the House reconsider the vote by which
HB 30-C passed and left the motion pending.

HB 16-C-A bill to be entitled An act relating to tax sales;
amending s. 197.072(1), Florida Statutes; providing that, if
applicable, notice of taxes shall include the fact that back taxes
are unpaid; adding new subsection (2) to s. 197.116, Florida
Statutes; providing that tax certificates with less than $100
of delinquent taxes on homestead property shall be issued to
the county, providing that tax certificates representing $100 or
more of delinquent taxes shall be sold at public auction in ac-
cordance with this chapter, and providing restrictions with re-
spect to obtaining tax deeds thereon; amending ss. 197.062(3)
and 197.141(1), Florida Statutes, relating to advertisement of
property with delinquent taxes and transferability of tax sale
certificates, providing an exception with respect to such tax
certificates; amending s. 197.256, Florida Statutes; providing
a clear notice of pending sale; providing for notice to owner
through personal service by sheriff, providing that notice be
posted in a conspicuous place on the property by the sheriff of
county where property is located; providing an exception; pro-
viding that nothing in chapter 197 shall be construed to prevent
the tax collector or other public official from giving additional
notice beyond minimum requirements; amending ss. 197.151(2)
and 197.156(1), Florida Statutes, relating to redemption of tax
sale certificates belonging to the county and those sold to pur-
chasers other than the county, and s. 197.266(1), Florida Stat-
utes, relating to sale at public auction; providing for payment
of costs incurred for said personal service; providing an ef-
fective date.
-was read the third time by title.

Representatives Kutun and Thompson offered the following
amendment:
Amendment 5-On page 8, line 23, insert new subsection
(3): The sheriff shall make all reasonable efforts to serve the
notice upon the legal titleholder. However, if such person
cannot be located, the notice provided for in subsection (1)
and the posting of notice provided for in subsection (2) shall
be deemed sufficient.
Renumber Subsequent Subsection



November 28, 1979



29








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Kutun moved the adoption of the amendment, which
was adopted by two-thirds vote.

The question recurred on the passage of HB 16-C. The vote
was:

Yeas-110



Flynn
Foster
Fox
Gallagher
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw



Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W
Lewis, T. F
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Paicic



Nays-None
Votes after roll call:
Yeas-Deratany, Malloy, Sadowski
So the bill passed, as further amended,
grossed.



Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn



Mr. Haben moved that the House reconsider the vote by
which HB 16-C passed and left the motion pending.

HB 17-C-A bill to be entitled An act relating to ad valorem
taxes; amending s. 197.013, Florida Statutes; providing for
payment of installments; providing for postage; providing for
distribution of taxes; providing for notice; providing an ef-
fective date.
-was read the third time by title.

Representative Pajcic offered the following amendment:
Amendment 2-On page 4, line 6, after "matter." insert:
The notice shall be published
Mr. Pajcic moved the adoption of the amendment, which was
adopted by two-thirds vote.

The question recurred on the passage of HB 17-C. The vote
was:

Yeas-108



Conway
Cox
Crady
Crawford
Crotty
Danson
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn
Flynn



Foster
Fox
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector



Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser



Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson



Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
Pajcic
Patchett



Nays-3
Boles Davis
Votes after roll call:



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.


Thompson



Yeas-Malloy, Sadowski, Gallagher
So the bill passed, as further amended,
engrossed.



Smith, J. H.
Smith, L. J.
Spaet
Thomas
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



and was ordered



Patchett
Patterson
Plummer
Price
r. Ready
Richmond
Robinson
Rosen
Sample
Shackelford
Sheldon
Silver
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young






and was ordered en-



Mr. Haben moved that the House reconsider the vote by
which HB 17-C passed and left the motion pending.

HB 18-C-A bill to be entitled An act relating to ad valorem
taxation; providing legislative intent with respect to equaliza-
tion of funding efforts among school districts; amending s.
236.081(4), Florida Statutes; providing duties of Department
of Revenue and Commissioner of Education with respect to
computation of required local effort under the Florida Educa-
tion Finance Program; providing for consideration of the school
district's assessment level; providing a limitation; providing
definitions; amending s. 236.25(1), Florida Statutes; providing
requirements with respect to computation of the district school
tax; amending s. 195.098(1) and (2), Florida Statutes; provid-
ing duties of the Assessment Administration Review Commis-
sion with respect to complaints relating to the determination
of the level of assessment; providing for actions by the school
board or the Commissioner of Education to contest such de-
termination; amending s. 195.096, Florida Statutes; providing
requirements with respect to review of county assessment rolls
by the Division of Ad Valorem Tax; revising time periods;
providing for publication of results; providing for determina-
tion of projected levels of assessment for certain counties;
providing requirements with respect to audits of the admin-
istration of ad valorem tax laws by the Auditor General;
amending s. 195.097, Florida Statutes; providing requirements
and procedures with respect to notification by the executive
director of the department to property appraisers regarding
defects in assessment rolls; providing duties of property ap-
praiser upon receipt of an administrative order relating there-
to; providing for continuing supervision; revising time periods
and providing for an extension of deadlines; providing an
appropriation; providing an effective date.
-was read the third time by title.

Representative Thompson offered the following amendment:
Amendment 2-On page 18, line 4, insert: Section 7. Subsec-
tion (5) of section 195.027, Florida Statutes, as created by Chap-
ter 79-334, Laws of Florida, is hereby repealed.
Renumber the following sections accordingly.
Mr. Thompson moved the adoption of the amendment, which
was adopted by two-thirds vote.

On motion by Mr. Thompson, the House reconsidered the vote
by which Amendment 2 was adopted. The question recurred on
the adoption of Amendment 2, which failed of adoption.

Representatives Pajcic, Thompson, Morgan, and L. J. Smith
offered the following amendment:
Amendment 3-On page 18, line 3, insert: Section 7. Sub-
section (5) of s. 195.027, Florida Statutes, as amended by chap-
ter 79-334, Laws of Florida, is amended to read:
(5) The rules and regulations shall prescribe an information
form that will provide the property appraiser with adequate
data on the transfer of interests in real property to enable him



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter



November 28, 1979









JOURNAL OF THE HOUSE OF REPRESENTATIVES



to evaluate the transfer, its terms, and consideration. Said data
shall consist of a certified statement that there were no unusual
closing costs or financing terms; or if there were such unusual
costs or terms, said costs and terms shall be disclosed on the
form. The clerk of the circuit court shall require at the time
of recording of conveyances in real property either a properly
executed information form or a copy of the closing statement in
lieu thereof, provided that said statement shall contain no less
information than that required on the form. Either the buyer
or the seller or the agent of either shall complete the informa-
tion form or supply the closing statement and certify that the
form or statement is accurate to the best of his knowledge and
belief. The information form or closing statement shall be con-
fidential in the hands of all persons after delivery to the clerk,
provided that the Department of Revenue and the Auditor Gen-
eral shall have access to such in the execution of their official
duties. The information form or closing statement may be used
in any judicial proceeding, upon a motion to produce duly made
by any party to such proceedings. Failure of the clerk to obtain
an information form of closing statement with the recording
shall not impair the validity of the recording or the conveyance.
The form shall provide for a notation by the clerk indicating
the book and page number of the conveyance in the official
record books of the county. The clerk shall promptly deliver all
information forms and closing statements received by him to
the property appraiser for his custody and use.
Mr. Pajcic moved the adoption of the amendment, which was
adopted by two-thirds vote.

Representatives Pajcic, Thompson, Morgan, and L. J. Smith
offered the following title amendment:
Amendment 4-On page 2, line 9, after the semicolon insert:
amending s. 195.027(5), Florida Statutes, as amended, relating
to information provided to the property appraiser;
Mr. Pajcic moved the adoption of the amendment, which was
adopted.

The question recurred on the passage of HB 18-C. The vote
was:

Yeas-102



Flinn
Flynn
Foster
Fox
Gallagher
Gardner
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kershaw



Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
Pajcic



Nays-3
Allen Johnson, B. L. Richmond
Votes after roll call:
Yeas-Malloy
So the bill passed, as further amended,
engrossed.



Patchett
Patterson
Plummer
Price
Ready
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Warner
Watt
Weinstock
Williams
Woodruff
Young



and was ordered



Without objection, the rules were waived and the House
reverted to the order of-

Messages from the Senate
The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended SB 18-C, and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator Lewis-
SB 18-C-A bill to be entitled An act relating to gov-
ernmental auditing; amending s. 11.45(1)-(4), (8), Florida
Statutes, as amended; providing definitions; replacing refer-
ences to postaudits with references to financial audits; provid-
ing for establishment of an auditor selection committee in non-
charter counties and providing duties thereof with respect to
selection of qualified auditors to audit county agencies; cre-
ating the County Government Audit Trust Fund in the De-
partment of Banking and Finance; providing circumstances for
reimbursement of county agencies for certain costs of auditing;
providing an appropriation; providing an effective date.
-was read the first time by title. On motion by Mr. Martin,
the rules were waived and SB 18-C was read the second time
by title.

Representative Martin offered the following amendment:
Amendment 1-Strike everything after the enacting clause
and insert:
WHEREAS, chapter 79-183, Laws of Florida, was enacted to
insure the financial stability of local governments, by estab-
lishing an information system using timely data to forecast
potential local government financial emergencies, providing
procedures for state assistance should a local government's
financial stability be threatened, and providing minimum stand-
ards for the operation and funding of public retirement sys-
tems, and
WHEREAS, section 2 of chapter 79-183, Laws of Florida,
requires counties to obtain an annual independent postaudit, as
municipalities and special districts are currently required, so
that all citizens of Florida could be assured that their local
governments were functioning in a financially responsible
manner and so that timely information would be available to
the state in analyzing the financial condition of local govern-
ments, and
WHEREAS, chapter 79-332, Laws of Florida, restricts the
ability of local governments to raise ad valorem revenues, and
WHEREAS, price competition in the public accounting in-
dustry will minimize public sector postaudit costs, and
WHEREAS, the Legislature declares that providing for an
annual independent county audit is a responsibility of county
government, is consistent with home rule pursuant to s. 1,
Art. VIII of the State Constitution, has higher costs the first
year because of the need to review and analyze unaudited fi-
nancial data from past years, review financial transactions
of the constitutional offices, and provide initial audit start-up
expenses; the audit requirement does not conflict with s. 11.076,
Florida Statutes, as discussed in Attorney General's Opinion
79-86; the restriction on the ability for counties to raise ad
valorem revenues has made it difficult for counties to pay for
the higher first year audit costs; and competitive bidding by
independent certified public accountants who are prequalified
by the unit of local government will insure a quality postaudit
at minimum cost to Florida taxpayers, NOW, THEREFORE,
Section 1. County Audit Trust Fund.-There is hereby cre-
ated a County Audit Trust Fund to be administered by the
Department of Community Affairs. There shall be deposited
into the fund five million, five hundred and eighty thousand
($5,580,000) from the General Revenue Fund to be distributed
to the several counties pursuant to this act.
Section 2. Distribution of funds.-



Mr. Haben moved that the House reconsider the vote by
which HB 18-C passed and left the motion pending.



(1) Funds shall be distributed to each Board of County
Commissioners in the several counties pursuant to subsection
2.



Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush-
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dyer
Easley
Eckhart
Evans
Ewing



November 28, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



(2) The distribution to a Board of County Commissioners
shall be determined by:
(a) Applying a factor of 1.1 to the county's total revenue
for the 1977-78 fiscal year as reported in Table B-1 of the Local
Government Financial Report prepared pursuant to s. 218.32(2),
Florida Statutes except that for the consolidated government
of Duval County, a factor of 1.1 shall be applied to the con-
solidated government's total revenue for the 1977-78 fiscal year
as reported in Table B-3 of the local Government Financial
Report prepared pursuant to s. 218.32(2), Florida Statutes.
(b) Applying a factor of .0015 to the product obtained in
2(a) of this section.
(c) Applying a factor of 1.5 to the product obtained in
2(b) of this section.
(d) Those counties which would receive less than $30,000
based upon the calculation in (2) (a) (b) and (c) of this section
shall be provided a minimum of $30,000 except that no county
shall receive an amount which exceeds 100% of the amount
agreed to by contract between the county and the auditor
or auditing firm selected pursuant to this act or by any other
selection method entered into prior to the adoption of this act.
(e) Those counties that have contracted for an independent
audit shall receive 100 percent of the amount agreed to by
contract between the county and the auditor or auditing firm
selected pursuant to chapter 79-183, Laws of Florida, and prior
to the adoption of this act.
(3) The Department of Community Affairs shall distribute
funds pursuant to this act no later than April 1, 1980.
(4) Five thousand dollars is hereby appropriated from the
County Audit Trust Fund to the Department of Community
Affairs for the purposes of administering this section.
(5) Counties shall certify the audit contract amount to the
Department of Community Affairs no later than February
15, 1980.
(6) Counties are authorized to utilize the funds provided
by this Section to reimburse those county officers elected pur-
suant to s. 1(d), Article VIII of the State Constitution, who,
prior to the effective date of this act, entered into a contract
or contracts with an independent certified public accountant,
for a postaudit of its accounts and records, in furtherance of
the obligation imposed by Chapter 79-183.
Section 3. Auditing Selection Act.-
(1) SHORT TITLE.-This section shall be known and may
be cited as the Auditing Selection Act.
(2) DEFINITIONS.-As used in this section, except where
the context clearly indicates a different meaning:
(a) "Unit of local government" means a county, munici-
pality or special district.
(b) "Public accounting" shall be the same as defined in s.
473.302(4), Florida Statutes.
(c) "Auditing services" means a postaudit required to be
performed pursuant to s. 11.45 (3) (a), Florida Statutes.
(3) PUBLIC ANNOUNCEMENT, QUALIFICATION PRO-
CEDURES AND AUDITOR SELECTION COMMITTEE.-
(a) Notwithstanding any other provision of law, each unit
of local government shall utilize the procedures in this section
to obtain independent auditing services.
(b) Each unit of local government shall adopt criteria for
the evaluation of candidates for auditing services, including,
but not limited to, capabilities, adequacy of personnel, past
record and experience, and such other factors as may be deter-
mined by the unit of local government to be applicable to its
particular requirements.



(c) Each unit of local government shall publicly announce,
in a manner consistent with the provisions of chapter 50, Flor-
ida Statutes, each occasion when auditing services are required.
The announcement shall include a general description of the
services and shall indicate how interested parties can apply
for consideration.



(d) Any firm or individual desiring to provide auditing
services to the unit of local government must submit proof
of licensure and be determined to be qualified by the unit of
local government or auditor qualification committee pursuant
to law and the requirements of the unit of local government.
(e) Each unit of local government shall encourage firms
or individuals engaged in the practice of public accounting
who desire to provide auditing services to the unit of local
government to submit a statement of qualifications and per-
formance data.
(f) The public shall not be excluded from the proceedings
under this section.
(g) In each non-charter county, an Auditor Qualification
Committee shall be established consisting of the county offi-
cers elected pursuant to Article VIII, section 1(d), Florida
Constitution, and one member of the Board of County Com-
missioners or its designee.
(h) The Auditor Qualification Committee shall review re-
quests for proposals for auditing services required pursuant to
Chapter 79-183, Laws of Florida.
(i) Following their review of qualifications, abilities of
professional personnel, past performance, willingness to meet
time and budget requirements, and recent, current and projected
work loads of auditors or auditing firms desiring to perform
the annual independent audit required pursuant to Chapter
79-183, Laws of Florida, the Auditor Qualification Committee
shall determine the firm or firms qualified to perform the
required services.
(j) Nothing in this section shall be construed to impair
contracts in force upon the effective date of this act nor to
prohibit a unit of local government from contracting for audit
services for a period longer than 1 year.
(4) COMPETITIVE BIDDING PROCEDURES.-
(a) Only the firm or firms qualified under subsection (3)
shall be allowed to competitively bid under this section.
(b) The purchase of auditing services shall be by means of
sealed competitive bids. All such bids shall be opened in public
by the Auditor Qualification Committee which shall recommend
to the Board of County Commissioners the firm submitting the
lowest and best responsible bid received. A bid not conforming
to the requirements established in the selection process pur-
suant to subsection (3) may be rejected without rejecting all
other bids.
(c) The Board of County Commissioners may accept or
reject the recommendation of the Auditor Qualification Com-
mittee. If the Board of County Commissioners rejects the
recommendation of the Auditor Qualification Committee, it
shall direct the Auditor Qualification Committee to review the
proposals submitted and submit another recommendation.
(d) Should the unit of local government reject all bids, the
selection process shall continue in accordance with this section
until a bid is accepted.
Section 4. Section 129.04, Florida Statutes, is amended to
read:
129.04 Fiscal year; audits.-
(1) The fiscal year of each county of the state shall com-
mence on October 1, and end on September 30 of each year, and
whenever the word "year" appears in this chapter, it shall
be construed as meaning the fiscal year as hereby estab-
lished.
(2) (a) Each board of county commissioners shall make pro-
vision for an annual postaudit, in accordance with generally
accepted auditing standards, of the financial accounts of the
county, including those of the county officers elected pursuant
to s. l(d), Art. VIII of the State Constitution, pursuant to
s. 11.45 and the rules of the Auditor General. It is the legisla-
tive intent that the rules of the Auditor General impose sub-
stantially the same requirements as those promulgated as
Duties .ofMunicipalities by rule 10.510(3), (4), (5), and (6).



(b) At the conclusion of the audit field work, the inde-
pendent certified public accountant shall discuss with each
county officer elected pursuant to s. 1(d), Art. VIII of the
State Constitution, and the. chairman of the board of county



November 28, 1979.








JOURNAL OF THE HOUSE OF REPRESENTATIVES



commissioners or his designee, all the auditor's comments which
will be included in the report containing the auditor's comments
for the areas within .their responsibility. If the officer is not
available to discuss the auditor's comments, then their discus-
sion is presumed when the comments are delivered in writing
to his office.
(c) The officer's written statement of explanation or re-
buttal concerning the auditor's comments, including corrective
action to be taken, shall be filed with the governing body of
the county and with the Auditor General within 20 days of the
delivery of the postaudit report.
Section 5. Paragraph (a) of subsection (3) of section 11.45,
Florida Statutes, is amended to read:
11.45 Definitions; duties; audits; reports.-
(3) (a)1. The Auditor General shall annually make post-
audits and performance audits of the accounts and records
of all state agencies, as defined in this section, and make
postaudits of the accounts and records of all district school
boards and district boards of trustees of community colleges,
as defined in this section.
2. The Auditor General may at any time make postaudits
and performance audits of the accounts and records of all
governmental entities created pursuant to law. The postaudits
and performance audits referred to in this subparagraph shall
be made whenever determined by the Auditor General, whenever
directed by the Legislative Auditing Committee, or whenever
otherwise required by law or concurrent resolution.
3. Each local governmental entity created pursuant to law,
for which entity a postaudit was not performed pursuant to
subparagraph 1. or subparagraph 2., except a municipality
with an annual budget of less than $100,000, shall require that
an annual postaudit of its accounts and records be completed,
within 6 months after the end of its respective fiscal year, by
an independent certified public accountant retained by it and
paid from its public funds.
4. Any postaudit required to be performed under subpara-
graph 3. shall be submittedto the Auditor General no later than
7 months after the end of the fiscal year of the governmental
entity, except that the postaudit required to be performed by
counties for the 1978-1979 fiscal year shall be submitted no
later than September 30, 1980. If the Auditor General does not
receive the postaudit within such period, he shall notify the
Legislative Auditing Committee that such governmental entity
has not complied with this subparagraph. Following notification
of failure to submit the required audits, the Legislative-Audit-
ing Committee may:
a. In the case of a city or county, notify the Department
of Revenue and the Department of Banking and Finance that
the local unit of government has failed to comply. Upon notifi-
cation, the department shall withhold any funds payable to
such governmental entity until the required postaudit is re-
ceived by the Auditor General.
b. In the case of a special district, notify the Department
of Community Affairs that the special district has failed to
provide the required audits. Upon notification, the department
shall proceed pursuant to ss. 189.008 and 189.009.
5. The Auditor General, in consultation with the Board of
Accountancy, shall review all audits completed for local units
of government by an independent certified public accountant.
Section 6. Paragraph (b) of subsection (1) of section 218.32,
Florida Statutes, is amended to read:
218.32 Financial reporting; units of local government.-
(1)
(b) Each unit of local government shall submit a copy of a
financial report covering its operations during the preceding
fiscal year within 180 days after the close of the fiscal year.
The financial report shall be consistent with the standards
established by the United States Bureau of the Census and
shall contain such information and be in such form as may be
required by the department to adequately assess the finan-
cial conditions of the unit of local government. T-he in4er-ma-
tiof i4 the f inaneil report eibmitted to the department shal1,



ex-eept See m eipalities with ena- ia4 be4gete 4 les theai
$100,000, be eemplted by a eertified public aeeentant retained
by the imt e4 leeel government and p 4id 9em its public funds.



T-he ertified public eeeouatant shell ee4i4y thet the repeat hee
beea eempoeted 4i n cordane with i4truetiene p-rovided by the
deperment and is proed4eed fom the audite4 fi ne4. State-
mnents requ4.ied by s -445*-,
Section 7. All agencies, other than state agencies as de-
fined in section 11.45, Florida Statutes, district school boards
and district boards of trustees of community colleges shall have
the power to have a performance audit or postaudit of their
accounts and records performed by an independent certified
public accountant retained by them and paid from their public
funds.
Section 8. This act shall take effect upon becoming a law,
and the provisions of sections 1 and 2 of this act shall expire
and be void and inoperative on June 30, 1980.
Mr. Martin moved the adoption of the amendment, which was
adopted.

Representative Martin offered the following title amendment:
Amendment 2-On page 1, lines 1-13, strike all of said lines
and insert: A bill to be entitled An act relating to local govern-
ment; creating a County Audit Trust Fund and providing for
distribution of funds therein to the counties; providing duties
of the Department of Community Affairs; providing an appro-
priation from the fund to the department; creating the Audit-
ing Selection Act; providing definitions; providing procedures
for units of local government to obtain independent auditing
services; providing for public announcements; providing for
establishment of auditor qualification committees in noncharter
counties and providing duties thereof with respect to selection
of qualified auditors; requiring competitive bidding by quali-
fied auditors; amending s. 129.04, Florida Statutes; providing
for annual county postaudits; providing for discussion of
auditor's comments with county officers; providing for written
statements in response thereto; amending s. 11.45(3) (a), Flor-
ida Statutes; providing a date for submission of certain county
postaudits; amending s. 218.32(1) (b), Florida Statutes; delet-
ing the requirement that information in the annual financial
report of certain local governments be completed by a certified
public accountant; provides authority for certain agencies,
district school boards, and district boards of trustees of com-
munity colleges to have a Derformance audit or postaudit by
an independent certified public accountant; providing effective
and expiration dates.
Mr. Martin moved the adoption of the amendment, which was
adopted.

On motion by Mr. Martin, the rules were waived and SB 18-C,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-108



Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gardner
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly



Kershaw
Kirkwood
Kiser
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Thomas
Thompson
Tygart
- Upchurch
"Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



November 28, 1979



33









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-2
Gallagher Mica
Votes after roll call:
Yeas-Spaet, Malloy, Gersten
Yeas to Nays-Warner
So the bill passed, as amended, and was immediately certi-
fied to the Senate after engrossment.

THE SPEAKER PRO TEMPORE IN THE CHAIR

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed SB 19-C, and requests the concurrence
of the House.
Joe Brown, Secretary

By .Senators Frank and Winn-
SB 19-C--A bill to be entitled An act relating to banking;
amending s. 659.06, Florida Statutes; authorizing the estab-
lishment of branches by merger anywhere in the state with
certain restrictions; providing for the establishment of not
more than two branches per calendar year in a county in
which a branch is established by merger; providing certain
considerations and procedures for the granting of a branch
application; requiring written notification to the Department
of Banking and Finance prior to operating a bank facility;
providing for the conversion of certain military facilities into
branches; providing an effective date.
-was read the first time by title. On motions by Mr. Moffitt,
the rules were waived and SB 19-C was read the second time
by title and the third time by title. On passage, the vote was:



Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hodges
Hollingsworth
;Jennings
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kutun



Nays-16
Boles Hall
Bush Hieber
Campbell Johnson, A. E.
Crady Johnson, B. L.
Votes after roll call:



Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer



Johnson, R. C.
Kiser
Lewis, T. F.
Mann



Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Upchurch
Ward
Warner
Watt
Woodruff
Young





Mitchell
Tygart
Weinstock
Williams



THE SPEAKER IN THE CHAIR

On motions by Mr. Crawford, the rules were waived and-
HB 35-C--A bill to be entitled An act relating to agricul-
tural inspections; amending s. 570.15(1) and (2), Florida Stat-
utes, providing that the Commissioner of Agriculture may
designate, in writing, individuals who shall have access to
regulated premises or vehicles for agricultural inspection pur-
poses; providing for access to documents which could be used
for agricultural purposes; providing for search warrants to be
issued to certain persons for the regulatory inspection of prem-
ises and vehicles under certain circumstances; requiring drivers
of certain vehicles to submit to agricultural inspections under
penalty of law; providing an effective date.
-was taken up and read the second time by title.
Mr Patchett moved the previous question, which was agreed
to.

On motion by Mr. Crawford, the rules were waived and
HB 35-C was read the third time by title. On passage, the
vote was:



Yeas-96
The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Campbell
Carlton
Carpenter
Conway
Crady
Crawford
Crotty
Danson
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gallagher
Gardner
Girardeau
Haben
Hagler
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Nays-12
Bush Deratany
Cox Gersten
Davis Kutun
Votes after roll call:



Jones, D. L.
Kelly
Kirkwood
Kiser
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Morgan
Myers
Nergard
Nuckolls



O'Malley
Ready
Rosen



Ogden
Patchett
Patterson
Plummer
Price
Richmond
Robinson
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Ward
Watt
Weinstock
Williams
Woodruff
Young



Sadowski
Upchurch
Warner



Yeas-Malloy, Mann
Nays-Dunbar
So the bill passed and was immediately certified to the Senate.

Immediate Certification

Without objection, Mr. Haben withdrew his pending motions
to reconsider the passage of HB's 30-C, 16-C, 17-C, and 18-C
and the bills were immediately certified to the Senate.

The following amended proclamation was read:

PROCLAMATION



Yeas-Malloy State of Florida
Yeas to Nays-Warner Executive Department
Nays to Yeas-Kiser, T. F. Lewis Tallahassee
So the bill passed and was immediately certified to the Senate. (Second Amendment to Proclamation Dated November 21, 1979)



Yeas-98
The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Brantley
Burnsed
Burrall
Carlton
Carpenter
Conway
Cox
Crawford
Crotty
Danson
Davis
Deratany
Dyer
Easley
Eckhart
Evans
Ewing
Flinn



November 28, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

WHEREAS, on the 21st day of November 1979, a Proclama-
tion of the Governor was issued convening a special session of
the Florida Legislature commencing on the 27th day of Novem-
ber 1979, and



WHEREAS, on the 27th day of November 1979, a Proclama-
tion was issued amending the Proclamation of November 21,
1979, and

WHEREAS, it is necessary and in the best interest of the
State to further amend the Proclamation of the Governor of
November 21, 1979 in order to further expand the call of the
special session so that the Legislature may consider the addi-
tional legislative business set forth below,

NOW, THEREFORE, I, BOB GRAHAM, 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 3(c)(1), Florida Constitution, do hereby proclaim as
follows:

Section 1

That Section 2 of the Proclamation of November 21, 1979, as
amended, is further amended to add the following new para-
graph 9:

9. Appropriations for a special school maintenance, reno-
vating and remodeling program and implementing legislation
therefore.

Section 2

Except as amended by this Proclamation and the Proclama-
tion dated November 27, 1979, the Proclamation of the Governor
dated November 21, 1979 is ratified and confirmed.

Es IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol,
this 28 day of November 1979.
BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State

Consideration of House Bills and Joint Resolutions



By the Committee on Appropriations-
HB 36-C-A bill to be entitled An act relating to education;
creating the "1980 Countercyclical Construction Industry Jobs
Program for Remodeling, Renovation, Repair, and Maintenance
of Educational Facilities"; providing legislative intent; pro-
viding definitions; providing for the allocation of funds; pro-
viding eligibility requirements for school boards to receive
funds; providing for distribution of funds; providing for the
reallocation of funds under certain circumstances; providing for
administration; providing an appropriation; amending s. 235.32,
Florida Statutes, requiring performance bonds under certain cir-
cumstances; providing an effective date.

On motions by Dr. Hodes, the rules were waived and HB
36-C was read the first time by title and the second time by
title.

Further consideration of HB 36-C was temporarily deferred.



Recess
The House recessed at 12:04 p.m., to reconvene at 1:30 p.m.
today.

Reconvened
The House was called to order by the Speaker at 1:30 p.m.

A quorum was present.

On motion by Mr. Silver, the rules were waived and-
By Representatives Silver and Haben-
HCR 46-C-A concurrent resolution expressing support for
the President of the United States in his efforts to obtain
the safe release of Americans being unlawfully detained in
Iran.
WHEREAS, on November 4, 1979 hundreds of Iranians at-
tacked the United States Embassy in Tehran, Iran and held
over 60 American citizens captive within the embassy, and
WHEREAS, this outrageous and unprovoked attack upon the
United States Embassy and the Americans employed therein
has since been ratified and praised by the leadership of Iran,
including the Ayatollah Khomeini, and
WHEREAS, this unlawful and contemptible action on the
part of Iran to blackmail the United States into releasing the
former Shah of Iran to certain death in Iran cannot be toler-
ated, and
WHEREAS, the Legislature of the State of Florida wishes
to express its concern for the Americans being held hostage in
Iran and to their families, and
WHEREAS, the Legislature of the State of Florida, repre-
senting over 8,000,000 United States citizens in Florida, fully
supports the President of the United States in his efforts to
secure the safe release of the 50 American hostages still being
detained in Iran and condemns the actions of Iran in their
seizure and continued detention of our fellow citizens, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida, the Senate Concurring:
That the Legislature of the State of Florida expresses its
unequivocal support of the President of the United States in
his efforts to secure the safe return of the 50 American citizens
being unlawfully detained by Iran and joins the President of
the United States and all citizens of Florida and of the United
States in condemning the actions of Iran in its continued de-
tention of those Americans.
BE IT FURTHER RESOLVED that copies of this resolution
be forwarded to the President of the United States, the Presi-
dent of the United States Senate, the Speaker of the United
States House of Representatives, and to each member of the
Florida delegation to the United States Congress.
-was read the first time by title. On motions by Mr. Silver,
the rules were waived and the concurrent resolution was read
the second time in full and adopted. The vote was:



Yeas-107
The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford



Crotty
Danson
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson



Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Jones, D. L.
Kelly
Kershaw
Kirkwood
Kutun
Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Malloy
Mann
Margolis
Martin
Martinez
McCall
Meek
Melby



November 28, 1979



35









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
O'Malley



Patchett
Patterson
Plummer
Price
Ready
Robinson
Rosen
Ryals
Sadowski



Shackelford
Sheldon
Silver
Smith, C. R.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart



Upchurch -.
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-None

The concurrent resolution was immediately certified to the
Senate.

Report of Select Committee on Pitts-Lee Claims
(HB 1265, 1979 session; HB 9, 1980 session)
Mr. Ryals, Chairman, went to the well and gave an oral
report on the work of the committee. Dr. Girardeau was recog-
nized to speak briefly on the minority report of the committee.
Copies of the report were distributed to the Members.

Members of the committee are Representatives Ryals, Chair-
man, Easley, L. R. Hawkins, Girardeau, Richmond, Upchurch,
and Moffitt.

Continuation of Consideration of House Bills and Joint
Resolutions
HB 36-C-A bill to be entitled An act relating to education;
creating the "1980 Countercyclical Construction Industry Jobs
Program for Remodeling, Renovation, Repair, and Maintenance
of Educational Facilities"; providing legislative intent; pro-
viding definitions; providing for the allocation of funds; pro-
viding eligibility requirements for school boards to receive
funds; providing for distribution of funds; providing for the
reallocation of funds under certain circumstances; providing for
administration; providing an appropriation; amending s. 235.32,
Florida Statutes, requiring performance bonds under certain
circumstances; providing an effective date.
-was taken up on second reading.

Representatives Morgan, Hodes, Danson, Conway, and Ward
offered the following amendment:
Amendment 1-On page 4, line 6, after the period insert:
Any repairs, renovations, remodeling or maintenance performed
under the memorandum of agreement shall be funded solely
by the General Revenue funds appropriated herein and the
funds appropriated by this act shall not be co-mingled with
any federal funds
Dr. Hodes moved the adoption of the amendment, which
was adopted.

On motion by Dr. Hodes, the rules were waived and HB
36-C, as amended, was read the third time by title. Pending
roll call-



Hawkins, M. E. Lehman
Hazouri Lewis, J. W.
Healey Lewis, T. F.
Hector Liberti
Hieber Lippman
Hodes Lockward
Hodges Malloy
Hollingsworth Mann
Jennings Margolis
Johnson, A. E. Martin
Johnson, B. L. Martinez
Johnson, R. C. McCall
Jones, C. F. Meek
Jones, D. L. Melby
Kelly Mica
Kershaw Mills
Kirkwood Mitchell
Kiser Moffitt
Kutun Morgan



Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon



Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Flynn, Gallagher, McPherson, Gersten
So the bill passed, as amended, and wvas immediately certi-
fied to the Senate after engrossment.
Mr. C. F. Jones moved that HB 31-C be admitted for intro-
duction, the Speaker having ruled the measure was outside the
purview of the Call. The vote was:
Yeas-111



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gardner
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw



Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Malloy
Mann
Margolis
Martin
Martinez
McCall
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic



Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Representative Morgan offered the following amendment: Nays-None



Amendment 2-On page 8, line 13, strike "31" after the word
"June" and insert "30" after the word "June"
Mr. Morgan moved the adoption of the amendment, which
was adopted by two-thirds vote.

The question recurred on the passage of HB 36-C. The vote
was:

Yeas-113



Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty



Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flinn



Foster
Fox
Gardner
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.



Votes after roll call:
Yeas-Gallagher, Gersten
The motion was agreed to
two-thirds vote, and-



by the required Constitutional



By Representatives C. F. Jones, T. F. Lewis, Lockward, Beard,
R. C. Johnson, Foster, Warner, Plummer, Hagler, Hector,
Haben, Nuckolls, and Dunbar-
HB 31-C-A bill to be entitled An act relating to the Florida
Transportation Code; adding subsections (3) and (4) to s.
337.34, Florida Statutes, providing legislative intent; authoriz-
ing the Department of Transportation to utilize certain funds
for the Accelerated Construction of Interstate Program; pro-
viding for adjustments in certain contracts; providing an ef-
fective date.
-was read the first time by title. On motion by Mr. C. F.
Jones, the rules were waived and HB 31-C was read the second
time by title.



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed



36



November 28, 1979








November 28, 1979 JOURNAL OF THE HOUSE OF REPRESENTATIVES 37

Representatives Dunbar, Easley, T. F. Lewis, Nuckolls, and Presentation of Former Members
Kiser offered the following amendment: Mr. Ryals presented the Honorable R. Ed Blackburn, former
Amendment 1-On page 2, line 5, after the period insert: Member of the House from Tampa.
Section 2. There is hereby appropriated from the Working
Capital Trust Fund the sum of $123,000,000 to be used for the The Speaker presented the Honorable Jerry G. Melvin, former
accelerated construction of the interstate system. The provisions ThMember of the House from ort Walton Beach.
of this section shall take effect May 25, 1980.
Renumber the subsequent section. Reports of Standing Committees
Mr. Dunbar moved the adoption of the amendment. Pending The Committee on Criminal Justice recommends the following
consideration thereof, further consideration of HB 31-C was H 3
temporarily deferred.
The above bill was placed on the calendar.
Announcement
Mr. Mills, Chairman, announced that Subcommittee III (Over- Adjournment
view) of the Committee on Insurance would meet at 9:00 a.m. The House adjourned at 2:38 p.m. to reconvene at 11:00 a.m.
tomorrow. tomorrow.















Sue Jou~ral oE


Vouse of Pe.preseqrta tives


SPECIAL SESSION



Thursday, November 29, 1979



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

The following Members were recorded present:



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly



Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Malloy
Margolis
Martin
Martinez
McCall
McPherson
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Paicic
Patchett



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L.J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Excused: Representative Fontana due to death in family;
Representatives Gordon and Mann; Representative Meek due to
death in family; Representative Reynolds due to illness.

A quorum was present.

Prayer
Prayer was offered by Representative Steve Pajcic.


Pledge
The Members pledged allegiance to the Flag.

House Physician
Dr. Roy M. Baker of Jacksonville is serving in the Clinic today.



"Pajcic" in Yea votes and insert "Price"; on page 36, column 2,
between lines 13 and 14 from bottom, insert "The motion was
agreed to by the required Constitutional two-thirds vote, and-"

The following amended proclamation was read:

PROCLAMATION

State of Florida
Executive Department
Tallahassee

(Third Amendment to Proclamation Dated November 21, 1979)

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

WHEREAS, on the 21st day of November 1979, a Proclama-
tion of the Governor was issued convening a special session
of the Florida Legislature commencing on the 27th day of
November 1979, and

WHEREAS, on the 27th day of November 1979, a Proclama-
tion was issued amending the Proclamation of November 21,
1979, and

WHEREAS, on the 28th day of November 1979, a Proclama-
tion was issued further amending the Proclamation of Novem-
ber 21, 1979, as amended, and

WHEREAS, it is necessary and in the best interest of the
State to further amend the Proclamation of the Governor of
November 21, 1979 in order to further expand the call of the
special session so that the Legislature may consider the addi-
tional legislative business set forth below.

NOW, THEREFORE, I, BOB GRAHAM, 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 3(c) (1), Florida Constitution, do hereby proclaim as
follows:

Section 1

That Section 2 of the Proclamation of November 21, 1979,
as amended, is further amended to add the following new para-
graph 10:



10. Authority to renovate the former Monroe School in
The Journal Brevard County.



The Journal of November 28 was corrected and approved as
follows: On page 20, add "Malloy" to quorum call; on page 25,
column 2, line 7 from top, strike "SB 28-C" and insert "SB 29-C";
on page 31, column 1, at beginning of line 24 from top, insert
"record"; on page 34, in roll call vote on HB 35-C, strike



Section 2

Except as amended by this Proclamation and the Proclama-
tions dated November 27, 1979 and November 28, 1979, the
38








JOURNAL OF THE HOUSE OF REPRESENTATIVES



39



Proclamation of the Governor dated November 21, 1979 is
ratified and confirmed.

IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol,
"this 28th day of November 1979.

"BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State

Without objection, the rules were waived and the House ad-
vanced to the order of-

Messages from the Senate
The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required Constitutional two-thirds vote and adopted SCR 27-C,
and requests the concurrence of the House.
Joe Brown, Secretary



By Senator Barron and others-
SCR 27-C-A concurrent resolution commending the Masons
of Florida.
-was read the first time by title. On motions by Mr. Lipp-
man, the rules were waived and the concurrent resolution was
read the second time in full, adopted and under the rule imme-
diately certified to the Senate.

The Honorable J. Hyatt Brown, 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 28-C, and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Vogt-
SB 28-C-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; providing an ap-
propriation for a fixed capital outlay project to the Office of
Assistant Secretary for Operations District Administration
of the Department of Health and Rehabilitative Services; sus-
pending sections 20.22 and 255.25, Florida Statutes, relating to
construction plans and contracts; providing an effective date.
-was read the first time by title and referred to the Com-
mittee on Appropriations.
Without objection, the rules were waived and the House ad-
vanced to the order of-

Unfinished Business
HB 31-C-A bill to be entitled An act relating to the Florida
Transportation Code; adding subsections (3) and (4) to s.
337.34, Florida Statutes, providing legislative intent; authoriz-
ing the Department of Transportation to utilize certain funds
for the Accelerated Construction of Interstate Program; pro-
viding for adjustments in certain contracts; providing an ef-
fective date.
-was taken up, having been read the second time yesterday
and now pending on motion by Mr. Dunbar to adopt Amend-
ment 1. Mr. Dunbar, with unanimous consent, withdrew the
pending amendment.

On motion by Mr. C. F. Jones, the rules were waived and HB
31-C was read the third time by title. On passage, the vote was:



Yeas-100
Allen
Barrett
Batchelor
Beard
Bell
Boles
Burnsed
Burrall
Bush
Campbell
Carlton
CarDenter
Conway
Cox
Crawford
Crotty
Danson
Davis
Dunbar
Dyer
Easley
Ewing
Foster
Gardner
Girardeau

Nays-5
Bankhead
Brantley



Gustafson Lewis, J. W.
Haben Lewis, T. F.
Hagler Liberti
Hall Lippman
Hattaway Lockward
Hawkins, L. R. Malloy
Hawkins, M. E. Margolis
Hazouri Martin
Healey Martinez
Hieber McCall
Hodes McPherson
Hodges Melby
Hollingsworth Mica
Jennings Mills
Johnson, A. E. Mitchell
Johnson, B. L. Moffitt
Johnson, R. C. Morgan
Jones, C. F. Myers
Jones, D. L. Nergard
Kelly Nuckolls
Kershaw Ogden
Kirkwood O'Malley
Kiser Pajcic
Kutun Patchett
Lehman Patterson



Deratany Evans



Plummer
Price
Ready
Richmond
Robinson
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Tygart



Votes after roll call:
Yeas-Gersten, Fox, Gallagher, Rosen, Eckhart
So the bill passed and was immediately certified to the Senate.

Waiver of Rules for Committee Meeting
On motion by Dr. Girardeau, Chairman, the rules were waived
and the Committee on Corrections, Probation & Parole was
given permission to meet at 1:00 p.m. today in Room 317 C.

Announcement
Mr. Morgan, Chairman, announced that the Committee on
Appropriations would meet today at 1:30 p.m. to consider
SB 28-C.

Recess
The House recessed at 11:35 a.m., to reconvene at 3:00 p.m.
today.

Reconvened
The House was called to order by the Speaker at 3:00 p.m.
A quorum was present.
SB 28-C-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; providing an ap-
propriation for a fixed capital outlay project to the Office of
Assistant Secretary for Operations District Administration of
the Department of Health and Rehabilitative Services; suspend-
ing sections 20.22 and 255.25, Florida Statutes, relating to
construction plans and contracts; providing an effective date.
-was taken up. On motions by Mr. Gardner, the rules were
waived and SB 28-C was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-108



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed



Burrall
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson



Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Flinn
Flynn
Foster



Fox
Gallagher
Gardner
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.



November 29, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser



Kutun
Lehman
Lewis, T. F.
Liberti
Lippman
Lockward
Malloy
Margolis
Martin
Martinez
McCall
McPherson
Melby
Mica
Mills
Mitchell
Moffitt



Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample



Shackelford-
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Young



Nays-3
Bush Johnson, R. C. Woodruff
Votes after roll call:
Yeas-Gersten
So the bill passed and was immediately certified to the Senate.

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

Matters on Reconsideration
On motions by Mr. Haben, the rules were waived and the
pending motion to reconsider the vote by which SB 29-C passed
was called up and agreed to.
SB 29-C-A bill to be entitled An act relating to Escambia
County; amending s. 8.2, chapter 79-453, Laws of Florida;
authorizing the Escambia County Civil Service Board to exempt
from the provisions of chapter 79-453, Laws of Florida, em-
ployees employed by the Escambia County Public Health Trust;
providing an effective date.



The question recurred on the passage of
was:



Flynn
Foster
Fox
Gallagher
Gardner
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodes
Hodges
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly


Healey
Malloy



Kershaw
Kiser
Kutun
Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson


McPherson
Melby



SB 29-C. The vote



Plummer
Price
Ready
Richmond
Robinson
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Williams
Woodruff
Young



Sadowski



Recess
The House recessed at 3:29 p.m. to reconvene at 5:00 p.m.
today.

Reconvened
The House was called to order by the Speaker at 5:00 p.m.
A quorum was present.

Messages from the Senate
The Honorable J. Hyatt Brown, 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 26-C
and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Anderson-
SB 26-C-A bill to be entitled An act relating to extensions
of credit; amending section 15 of chapter 79-274, Laws of Flor-
ida; broadening application of and clarifying chapter 79-274,
Laws of Florida; providing for retroactive application; provid-
ing an effective date.

On motion by Mr. Gallagher, agreed to by the required Con-
stitutional two-thirds vote, SB 26-C, contained in the above
message, was admitted for introduction, the Speaker having
ruled the measure was outside the purview of the Call. The
vote was:

Yeas-101



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crotty
Deratany
Dyer
Easley
Eckhart
Evans
Ewing
Flynn

Nays-3
Danson



Foster.
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
dJennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kershaw



Davis



Kirkwood.
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
Melby
Mica
Mills
Mitchell
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer
Price


Woodruff



Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Young



Votes after roll call:
Yeas-Dunbar, Morgan
The bill was read the first time by title. On motions by
Mr. Gallagher, the rules were waived and SB 26-C was read
the second time by title and the third time by title. On passage,
the vote was:



Votes after roll call:
Yeas-Kirkwood, Gersten, Jennings
Nays-Bush
Nays to Yeas-Melby, Deratany, Crotty
So the bill passed and was immediately
Senate.



certified to the



Yeas-98
The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Danson
Davis
Dunbar
Dyer
Easley
Eckhart
Evans
Flinn
Nays-7
Crotty
Deratany



Yeas-105
The Chair
Allen
Bankhead
Barrett
Batchelor
Beard



Bell
Boles
Brantley
Burnsed
Burrall
Campbell



Carlton
Carpenter
Conway
Cox
Crady
Crawford



Crotty
Danson
Davis
Deratany
Dunbar
Dyer



November 29, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Easley
Eckhart
Evans
Ewing
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector



Woodruff



Hieber
Hodes
Hodges
Hollingsworth
;Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis



Martin
Martinez
McCall
Melby
Mica
Mills
Mitchell
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Ryals



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

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed with amendments-
By the Committee on Appropriations-
HB 36-C-A bill to be entitled An act relating to education;
creating the "1980 Countercyclical Construction Industry Jobs
Program for Remodeling, Renovation, Repair, and Maintenance
of Educational Facilities"; providing legislative intent; pro-
viding definitions; providing for the allocation of funds; pro-
viding eligibility requirements for school boards to receive
funds; providing for distribution of funds; providing for the
reallocation of funds under certain circumstances; providing for
administration; providing an appropriation; amending s. 235.32,
Florida Statutes, requiring performance bonds under certain cir-
cumstances; providing an effective date.
-and requests the concurrence of the House.
Joe Brown, Secretary

Senate Amendment 1-On page 1, line 20, strike everything
after the enacting clause and insert:
Section 1. Short Title.-This act shall be known and cited
as "The 1980 Countercyclical Construction Industry Jobs Pro-
gram for Special School Maintenance Act."
Section 2. Legislative intent; purpose.-It is the intent of
the Legislature that supplemental funds shall be provided to
district school boards for the purpose of performing needed
remodeling, renovation, repair, and maintenance of educational
facilities, which cannot otherwise be performed during the
period of time in which countercyclical employment of con-
struction industry workers will be most needed and within the
funds currently available to school boards, and that the supple-
mental funds provided by this act shall be used by each school
board in such manner as shall be necessary to ensure to the
maximum extent possible the employment or contracting of
construction industry workers who are unemployed because of
a cyclical downturn in construction industry activity.
Section 3. Definitions.-For the purposes of this act, the
following definitions shall apply:
(1) "Educational facilities" means the buildings and fixed
equipment of a public school district that are built, installed,
or established to serve educational purposes and that have been
recommended for continued use in the most recent official
educational plant survey or that have been classified as satis-
factory in the state inventory of educational facilities.
(2) "Remodeling" means to change existing facilities by
the rearrangement of spaces and their uses, and shall include
but not be limited to: converting two classrooms to a science



Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Young



(5) That the remodeling, renovation, and repair maintenance
projects financed from these funds shall be planned and ad-



lab, converting a closed plan arrangement to an open plan
configuration, closing up window walls in order to air condi-
tion, installing a new air conditioning system, and providing
access for handicapped persons and retrofitting to achieve
energy conservation.
(3) "Renovation" means to upgrade existing facilities by
installation of, or replacement of, materials and equipment,
including but not limited to air conditioning, heating, or venti-
lating equipment; fire alarm system; emergency lighting;
electrical systems; complete roof or roofing replacement in-
cluding membrane or structure.
(4) "Maintenance and repair" means the upkeep of prop-
.erty or equipment, including but not limited to roof or roofing
repair short of complete replacement of membrane or struc-
ture; repainting of interior or exterior surface; resurfacing
of floors; repair or replacement of windows or doors; replace-
ment of glass; repair of hardware; furniture, equipment, and
plumbing fixtures; resurfacing of paved playing courts, drives,
and parking areas; replacement of light bulbs, switches, fuses.
Section 4. Exemptions.-In order to assist in achieving the
countercyclical employment objectives of this act, the provisions
of chapters 230, 235, 236, 237, 255, and 287, Florida Statutes,
to the contrary notwithstanding, the remodeling, renovation,
and repair and maintenance projects funded under this act are
hereby exempt from day labor limitations, performance bond
requirements for projects less than $25,000, the Consultants'
Competitive Negotiation Act, and prior approval of plans and
specifications by the Office of Educational Facilities Construc-
tion, Department of Education. This exemption does not relieve
each school board of the duty and responsibility of ensuring
compliance with all requirements of the State Uniform Building
Code for Educational Facilities for all remodeling, renovation,
and repair and maintenance performed or for the prudent
management and efficient expenditure of all funds received
pursuant to this act.
Section 5. Allocation of funds.-
(1) Using the facility depreciation formula adopted by the
State Board of Education pursuant to s. 235.435(3) (a), Florida
Statutes, the Office of Educational Facilities Construction, De-
partment of Education, shall calculate the depreciation value of
all existing educational facilities in each school district and the
total depreciation value of all districts. In addition, the de-
preciation value of each district shall be shown as its per-
centage of the total depreciation value of all districts.
(2) From the total funds appropriated and available for dis-
tribution to school districts for the purposes of this act, the
Commissioner of Education shall assign to each school district
an initial allocation which shall be the same percentage of the
total funds available as the district's percentage of the total
depreciation value determined in subsection (1).
Section 6. Eligibility to receive funds.-To be eligible to
receive funds from its allocation, each district school board
shall adopt and file with the Office of Educational Facilities
Construction, Department of Education, a memorandum of agree-
ment, duly approved by the board, which shall contain at least
the following commitments:
(1) That the school board shall not use the funds received
pursuant to this act to supplant funds in the 1979-1980 approved
operating budget, and that all budgeted funds shall be expended
at a rate not less than would have been expended had the funds
under this act not been received.
(2) That the school board shall maintain its effort for ex-
penditures for remodeling, renovation, and repair and main-
tenance for 1980-1981 at not less than the level included in the
approved operating budget for 1979-1980.
(3) That each remodeling, renovation, and repair and main-
tenance project will expand or upgrade current educational fa-
cilities to prolong the useful life of the facility.
(4) That the school board shall not reduce employment for
the remodeling, renovation, and repair and maintenance projects
that are already budgeted in its 1979-1980 approved operating
budget.



Nays-2
Bush



November 29, 1979



41








JOURNAL OF THE HOUSE OF REPRESENTATIVES



ministered in a manner which will employ or contract for the em-
ployment of the maximum number of construction industry
workers who are unemployed because of a cyclical downturn in
employment in the construction industry.
(6) That the school board shall maintain fund accounting
in a manner which will permit a detailed audit of the funds
expended in this program.
(7) The school board shall:
(a) Submit a report to the Office of Educational Facilities
at the end of each 60 days listing projects completed and in-
cluding actual expenditures, projects underway including esti-
mated expenditures, and projects under planning including
projected expenditures.
(b) Include in the district's annual financial report each
project under this program and the funds expended.
Section 7. Distribution of funds.-
(1) All funds distributed to district school boards under this
act shall supplement, and be in addition to, all other funds al-
located by district school boards for maintenance and repair
of educational facilities. The ratio of educational facilities
maintenance and repair expenditures to total general operating
fund expenditures in the approved 1979-1980 operating budget
of the district shall not be reduced as a result of the supplemental
funds received under this act.
(2) For each district school board determined by the Com-
missioner of Education to be eligible to receive funds pursuant
to this act, distribution shall be as follows:
(a) On December 1, 1979, or as soon thereafter as possible,
40 percent of the initial allocation for each district shall be
distributed to the school board which has submitted an ap-
proved memorandum of agreement required in section (6).
(b) As soon as possible following the date on which the
Executive Office of the Governor certifies to the Commissioner
of Education that the seasonally adjusted average for the pre-
vious 3-month period for single and multi-family housing starts
falls below 12,000 units (annual rate of 144,000), 60 percent of
the district initial allocation shall be disbursed to each eligible
school board and subject to this amount of funds being author-
ized by the Legislature for this purpose.
Section 8. Reallocation of funds.-
(1) If 120 days after the effective date of this act any school
board has not submitted to the Office of Educational Facilities
Construction a memorandum of agreement, the remainder of
the initial allocation for that district shall be reallocated by the
Commissioner of Education to those school boards which have
filed a memorandum of agreement and are eligible to receive
funds under this act.
(2) When any school board has not expended the funds re-
ceived in a timely manner consistent with the purposes of this
act, the State Board of Education may require such board to
return the unobligated funds to the state to be reallocated to
other districts.
Section 9. Administration.-It is the intent of the Legisla-
ture that this act be liberally construed so as to effectuate its
purposes as far as legally and practically possible. The Com-
missioner of Education through the Office of Educational Fa-
cilities Construction shall administer this act as provided herein.
Section 10. There is hereby appropriated $21,800,000 to the
Department of Education from the General Revenue Fund for
1979-1980 which amount represents 40 percent of the initial
allocation of $54,516,000 for the purposes of implementing this
act.
Section 11. This act shall take effect upon becoming a law.

Senate Amendment 1-A-On page 7, line 3, insert new Section
11. and renumber subsequent section: Section 11. Paragraph
(d) of subsection (2) of section 235.221, Florida Statutes, is
amended to read:



235.221 High priority facilities construction; use by school
districts; conditions and procedures.-
(2) Those districts in need of such facilities shall:



(d) Officially waive 80 percent of any future annual allo-
cations from the trust fund until such time that the total
amount of the advancement is repaid, provided further, the
Broward County District School Board is authorized to re-
schedule the repayment of the advanced funds for fiscal year
1979-80 only, and to repay during that year one-half of the 80
percent prescribed herein. However, the office shall calculate
each school board's remodeling needs pursuant to s. 235.435,
and shall annually waive repayment of the advance funding in
an amount equal to that board's remodeling and safety-to-life-
correction needs, not to exceed 20 percent of the board's pro-
jected annual allocation.

Senate Amendment 2-On page 1, in the title, strike all of
lines 2 through line 16 and insert: An act relating to educational
facilities; creating The 1980 Countercyclical Construction In-
dustry Jobs Program for Special School Maintenance Act; pro-
viding definition of terms; providing a method for allocating
funds; providing for exemption from day labor limitations,
performance bond requirements, the Consultants' Competitive
Negotiation Act, and prior approval of projects by the Office
of Educational Facilities Construction; prescribing eligibility
requirements for school boards to receive funds; providing for
the distribution of funds; providing for the reallocation of un-
claimed funds; providing for the administration of this act;
providing an appropriation; providing an effective date.

Senate Amendment 2-A-On page 1, in the title, line 16,
insert after "appropriation;" amending s. 235.221(2) (d), Florida
Statutes; providing a delayed repayment of advanced Capital
Outlay Funds for Broward County District School Board;

Senate Amendment 3-On page 3, line 27, after the period
insert: Any repairs, renovations, remodeling or maintenance per-
formed under the memorandum of agreement shall be funded
solely by the General Revenue funds appropriated herein and
the funds appropriated by this act shall not be co-mingled with
any federal funds.

On motions by Dr. Hodes, the House concurred in Senate
Amendments 1, 2, and 3; refused to concur in Senate Amend-
ments 1-A and 2-A and requested the Senate to recede. The
question recurred on the passage of HB 36-C. The vote was:

Yeas-104



Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans



Ewing
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
" Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.



Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Margolis
Martin
Martinez
McCall
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tye-art
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-None

Votes after roll call:
Yeas-Danson, Lockward, Sadowski, McPherson
So the bill passed as further amended. The action of the
House, together with the bill and amendments thereto was
immediately certified to the Senate.



42



November 29, 1979









JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed with amendments-
By the Committee on Finance & Taxation and Representative
Thompson and others-
HB 16-C-A bill to be entitled An act relating to tax sales;
amending s. 197.072(1), Florida Statutes; providing that, if
applicable, notice of taxes shall include the fact that back taxes
are unpaid; adding new subsection (2) to s. 197.116, Florida
Statutes; providing that tax certificates with less than $100 of
delinquent taxes on homestead property shall be issued to the
county, providing that tax certificates representing $100 or
more of delinquent taxes shall be sold at public auction in
accordance with this chapter, and providing restrictions with
respect to obtaining tax deeds thereon; amending ss. 197.062(3)
and 197.141(1), Florida Statutes, relating to advertisement of
property with delinquent taxes and transferability of tax sale
certificates, providing an exception with respect to such tax
certificates; amending s. 197.256, Florida Statutes; providing a
clear notice of pending sale; providing for notice to owner
through personal service by sheriff, providing that notice be
posted in a conspicuous place on the property by the sheriff
of county where property is located; providing an exception;
providing that nothing in chapter 197 shall be construed to
prevent the tax collector or other public official from giving
additional notice beyond minimum requirements; amending ss.
197.151(2) and 197.156(1), Florida Statutes, relating to redemp-
tion of tax sale certificates belonging to the county and those
sold to purchasers other than the county, and s. 197.266(1),
Florida Statutes, relating to sale at public auction; providing
for payment of costs incurred for said personal service; pro-
viding an effective date.
-and requests the concurrence of the House.
Joe Brown, Secretary

Senate Amendment 1-On page 2, line 11, strike everything
after the enacting clause and insert: Section 1. Subsection
(3) of section 197.062, Florida Statutes, 1978 Supplement,
is amended to read:
197.062 Advertisement of real or personal property with
delinquent taxes.-
(8) REAL PROPERTY.-The tax collector shall advertise
once each week for 4 weeks and shall sell tax certificates on
all real property with taxes dueon on or before June 1 of each
year. Such advertisement shall be published in a newspaper
of general circulation in the area in which the real property
is located and in accordance with the provisions of chapter
.0. He shall make a list of such properties specifying the
amount due on each parcel, including interest at the rate of 18
percent per year from April 1 to the date of sale, provided that
the minimum charge for any taxes redeemed prior to the sale
of a tax certificate shall be 3 percent regardless of the time
of redemption, with the cost of advertising and expense of
sale in the same order in which the lands were assessed.
Section 2. Subsections (1) and (4) of section 197.072,
Florida Statutes, 1978 Supplement, are amended to read:
197.072 Notice of taxes, tax certificates, tax certificate
sales by mail, etc.-
(1) Within 20 days after delivery to him of the tax roll
with the property appraiser's warrant and recapitulation sheet,
the tax collector shall mail to each taxpayer appearing on the
assessment roll, whose post-office address is known to him,
notice that the tax roll is open for payment of taxes, stating
the amount of current taxes due by the taxpayer and, if ap-
plicable, the fact that back taxes remain unpaid and advising
the taxpayer of the discounts allowed for early payment. The
notice shall be accompanied by a printed statement that shall
clearly designate and separately identify the rate of taxation
to be levied for the use of the county and school board and
the total rate of taxation for all other taxing authorities in
the county. The postage shall be paid out of the general fund
of the county upon statement thereof by the tax collector.



(4) The tax collector shall mail such additional notices as
he may deem proper and necessary or as may be required by



reasonable rules and regulations of the Department of Reve-
nue. An additional notice Additien--4 f etieis shall be mailed to
each taxpayer these txpayeesr whose payment has not been
received prior to March 1 of the year following the year of
assessment and this notice shall include a description of
the property and the following statement: "If the taxes for
the year -..-.. (year)-...... on your property are not paid, a tax
certificate will be sold for these taxes, and your property
may be sold at a future date. Contact the tax collector's office
in the court house at once." The notices required in this
section do- .4ewevesr, ei requ remei t does not preclude the
tax collector from mailing such other notices as he may deem
necessary or be required to mail.
Section 3. Subsections (2), (3), (4), (5), (6), (7) and
(8) of section 197.116, Florida Statutes, are renumbered as
subsections (3), (4), (5), (6), (7), (8) and (9), respectively,
and a new subsection (2) is added to said section to said section to read:
197.116 Sale of tax certificates for unpaid taxes.-
(2) However, tax certificates representing less than $100
of delinquent taxes, on property that has been granted a home-
stead exemption for the year in which the delinquent taxes
were assessed, shall not be sold at public auction but shall
be issued by the tax collector to the county at the maximum
rate of interest allowed by law. The provisions of s. 197.241
(3) shall not be invoked as long as the homestead exemp-
tion is granted to the person who received the homestead
exemption for the year in which the tax certificate was
issued. Providing, however, that when the tax certificates and
accrued interest thereon represent an amount of $100 or
more, such property shall be sold at public auction in accord-
ance with this chapter.
Section 4. Subsection (2) of section 197.151, Florida Stat-
utes, is amended to read:
197.151 Tax sale certificates belonging to the county held
by the tax collector; redemption.-
(2) The tax collector of the county is authorized and di-
rected to allow the redemption or purchase, in whole or in
part, when the part to be redeemed or purchased can be ascer-
tained by legal description, of any tax certificates held by the
county, at any time before the vesting of title in the county.
The property appraiser shall, within 15 days after request from
the collector, apportion the property into the parts sought
to be redeemed or purchased. The payment of the amount of
the tax certificate or certificates, or the part thereof as the
part to be redeemed or purchased bears to the whole, and any
and all subsequent unpaid or omitted taxes due on the land to
be redeemed or purchased shall be paid with interest thereon
at the rate of 18 percent per annum for the period of time
from the date of the certificate. For each certificate redeemed,
each county certificate purchased, or each omitted year, the
collector shall receive a fee of $5. Payment shall be made at
the time of redemption for costs incurred for the personal
service of notice provided for in s. 197.256(2).
Section 5. Subsection (1) of section 197.156, Florida
Statutes, is amended to read:
197.156 Redemption of tax sale certificates sold to pur-
chaser other than county.-
(1) Any person owning or claiming lands upon which a tax
sale certificate has been sold, or any part or parcel thereof
or any interest therein, or the creditor of any owner or claim-
ant, may redeem the lands at any time after the issuance of
the tax sale certificate and before a tax deed is issued by
paying to the tax collector in the county where the land is
situated the face amount of the certificate of sale, or the part
thereof as the part or interest redeemed shall bear to the
whole, upon the collector's being furnished within 15 days
by the property appraiser with a certificate apportioning the
value to the part or parts sought to be redeemed and to the
remaining land or lands under said certificate or certificates,
according to their respective part or parts, the apportionment
to be made upon the basis of valuation. Upon redemption
being made, the person redeeming the tax sale certificate shall
pay all taxes, interest, costs, charges, and omitted taxes, if



any, as provided by law upon the part or parts of the cer-
tificate so redeemed or purchased, with interest as stated in
the certificate from the date of the certificate to the date of
redemption. In addition, payment shall be made for costs in-



November 29, 1979



43








JOURNAL OF THE HOUSE OF REPRESENTATIVES



curred for the personal service of notice provided for in s.
197.256(2). When a tax sale certificate is redeemed and the
interest earned on the tax sale certificate is less than 5
percent of the face amount of the certificate, then a mandatory
charge of 5 percent shall be levied upon the tax sale certifi-
cate. The person redeeming the tax sale certificate shall pay
the interest rate bid or the 5 percent mandatory charge, which-
ever is greater. This shall apply to all tax sale certificates
except those with an interest rate bid of zero percent.
Section 6. Subsection (3) of section 197.241, Florida Stat-
utes, 1978 Supplement, is amended to read:
197.241 Application for obtaining tax deed by holder of
tax sale certificate; fees.-
(3) The county shall make application for a deed on all
certificates 2 years from the date the taxes to which they
relate were due. A county shall apply for a deed on all cer-
tificates in its possession that have been in its possession for
more than 2 years. Upon application for a tax deed, the county
shall deposit with the collector all applicable costs and fees,
but shall not deposit any money to cover the redemption of
other outstanding certificates covering the land. The opening
bid on nonhomestead property shall be the sum of the value
of all outstanding certificates against the land, plus omitted
years' taxes, delinquent taxes, interest, and all costs and fees
paid by the county. The opening bid on property assessed on
the latest tax roll as homestead property shall include, in
addition to the amount of money required for an opening bid
on nonhomestead property, an amount equal to one-half of
the latest assessed value of the homestead, provided that the
opening bid for titleholders of record of the property shall
be the same as bids for nonhomestead property.
Section 7. Subsections (1), (2) of section 197.256, Florida
Statutes, are amended and subsection (3) is added to said
section to read:
"197.256 Notice to owner where application is made by
holder.-
(1) In addition to the publication of the notice provided
for by s. 197.246, the clerk of the circuit court shall notify,
by certified mail with return receipt requested, the legal title-
holder and lienholders of record of the property if the name
and address of such persons appear on the record of the con-
veyance of the lands to the owner, and each lienholder as
listed in the collector's certification who claims a lien thereon
at the date of the filing of the application for obtaining tax
deed. 44 the addresee 4 the ewner -ppeaps e the reeered
o- the eonveyanc eex the la ds to the ewne, er If the ad-
dress of the owner does not appear on the record of con-
veyance theQron, then the notice shall be mailed, by certified
mail with return receipt requestedT to the owner to whom the
property was assessed on the tax roll for the year in which
the property was last assessed.. eo, If the name and address of
such person do dees not appear thereon, then the notice shall
be mailed, by certified mail with return receipt requested, to
the person last paying taxes upon the lands. If, upon dili-
gent search, no address can be found, then no notice shall be
required. The collector shall also mail, by certified mail with
return receipt requested, notices to other lienholders who make
application to his office. The clerk shall mail, by certified
mail with return receipt requested, a copy of the notice to
each mortgagee whose mortgage upon such lands is recorded in
the county in which the property is located. The clerk shall
also mail, by certified mail with return receipt requested, a
notice to vendees of recorded contracts for deed or those who
have made application to receive tax notices, including those
making application for homestead exemption. The clerk shall
enclose with every copy mailed a statement as follows:
"WARNING: There are unpaid taxes on property which you
own or in which you have a legal interest. The property will
be sold at public auction on ...(date)- unless the back
taxes are paid. To make arrangements for payment, or to re-
ceive further information, contact the clerk of court immedi-
ately at ....-...(address)-....... telephone number -.-" .'-W.arning7

the enoeed notc"; eand The clerk shall make out and attach
to the affidavit of the publisher a certificate containing the
names and addresses of those persons to whom the copy was
sent and the date thereof. The certificate shall be signed by
the clerk and his official seal affixed. The certificate shall be



prima facie evidence of the fact that the notice was mailed.
In the event the addresses of the owners, if any, do not appear



on the tax roll and the address of the person last paying
taxes upon the lands is not shown, the clerk shall execute a
certificate to this effect. The failure of the owner, contract
vendee, mortgagee, or municipality or other taxing district
to receive the notice shall not affect the validity of the tax deed
issued pursuant to the notice.
(-- The notice referred to in this subsection eeetion may
be sent any time not later than 20 days prior to the date
of sale and a printed copy of the notice as published in the
newspaper shall be sufficient.
(2) In addition to the notice provided in subsection (1),
the sheriff of the county in which the legal titleholder re-
sides shall, at least 20 days prior to the date of sale, notify
the legal titleholder of record of the property on which the
tax certificate is outstanding. Such notice shall be served by
personal service of process as specified in chapter 48, and if
the sheriff is unable to make personal service, he shall mail
the notice by certified mail, with return receipt requested,
to the legal titleholder of record at his last known address,
and shall post a copy of the notice in a conspicious place on
the property. The notice shall be in substantially the follow-
ing form:
WARNING
"There are unpaid taxes on the property which you
own. The property will be sold at public auction on
-..--.-(date)-..... unless the back taxes are paid. To make
arrangements for payment, or to receive further infor-
mation, contact the clerk of court at --.(address) ---
telephone number .
However, a legal titleholder of record residing outside the
state may be notified by certified mail with return receipt
requested. In addition, a copy of such notice shall be posted
in a conspicuous place on the property by the sheriff of the
county in which the property is located.
(3) Nothing in this chapter shall be construed to prevent
the tax collector or other public official in his discretion from
giving additional notice in any form concerning tax certifi-
cates and tax sales beyond the minimum requirements of this
chapter.
Section 8. Subsection (1) of section 197.266, Florida Stat-
utes, is amended to read:
197.266 Sale at public auction.-
(1) The lands advertised for sale to the highest bidder as
a result of an application filed under s. 197.241 shall be sold
at public auction by the clerk of the circuit court, or his
deputy, of the county where the lands are located, on the
date, at the time, and at the courthouse door as set forth in
the published notice, which shall be during the regular
hours his office is open. At the time and place the clerk shall
read the notice of sale, and shall offer the lands described in
the notice for sale to the highest bidder for cash at public out-
cry. The amount required to redeem the tax certificate, plus the
amounts paid by the holder to the clerk of the circuit court
in charges for costs of sale, redemption of other tax certificates
on the same lands, and all other costs to the applicant for tax
deed, plus interest thereon at the rate of 18 percent per year
for one month, and costs incurred for the personal service of
notice provided for in s. 197.256(2), shall be considered the
bid of the certificate holder for the property. If there are no
higher bids, the land shall be struck off and sold to the cer-
tificate holder. If there are other bids, the certificate holder
shall have the right to bid as others present may bid, and
the property shall be struck off and sold to the highest bidder.
Section 9. Section 197.018, Florida Statutes, is hereby re-
pealed.
Section 10. This act shall take effect upon becoming a law.

Senate Amendment 2-On pages 1 & 2, strike the title and
insert: A bill to be entitled An act relating to tax collections



and tax sales; amending s. 197.062(3), Florida Statutes, 1978
Supplement; providing certain requirements for the advertise-
ment of tax certificate sales; amending s. 197.072(1), (4), Flor-
ida Statutes, 1978 Supplement; providing that, if applicable,
notice of taxes shall include the fact that back taxes are unpaid;
requiring notice of tax certificate sales; amending s. 197.116(2),



44



November 29, 1979









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Florida Statutes; providing that tax certificates with less than
$100 of delinquent taxes on homestead property shall be struck
off only to the county; amending ss. 197.151(2) and 197.156(1),
Florida Statutes, relating to redemption of tax sales certificates
belonging to the county and those sold to purchasers other than
the county; amending s. 197.241(3), Florida Statutes, 1978 Sup-
plement; providing minimum bid requirements for the sale of
property subject to homestead tax exemption; amending s.
197.256, Florida Statutes; providing a clear notice of pending
sale; providing for notice to owner through personal service
by sheriff, providing that notice be posted in a conspicuous place
on the property by the sheriff of county where property is
located; providing an exception; providing that nothing in
chapter 197 shall be construed to prevent the tax collector or
other public official from giving additional notice beyond mini-
mum requirements; amending s. 197.266(1), Florida Statutes;
providing for payment of costs incurred for said personal serv-
ice; repealing s. 197.018, Florida Statutes, relating to tax cer-
tificate notice; providing an effective date.
Representative Thompson offered the following amendment:
House Amendment 1 to Senate Amendment 1-On page 3, lines
18-21, strike all of lines 18-21 and insert: issued. Provided, how-
ever, that when the tax certificates and accrued interest thereon
represent an amount of $100 or more, the provisions of s.
197.241(3) shall be invoked.
Section 4. Subsection (1) of section 197.141, Florida Statutes,
"s amended to read:
197.141 Tax sale certificate transferable by endorsement.-
(1) All tax sale certificates issued, whether to the county,
a municipality, or an individual, except those certificates de-
scribed in s. 197.116(2), shall be transferable by endorsement at
any time before they are redeemed or a tax deed is executed
thereunder.
Renumber the following sections accordingly.
Mr. Thompson moved the adoption of the amendment, which
was adopted.

Representative Thompson offered the following amendment:
House Amendment 2 to Senate Amendment 1-On page 8,
line 17, strike "conspicious place on the property" and insert:
conspicuous place on the residence
Mr. Thompson moved the adoption of the amendment, which
was adopted.

Representative Thompson offered the following amendment:
House Amendment 1 to Senate Amendment 2-On page 1, line
'4, insert: amending s. 197.141(1), providing an exception to
"he transfer of tax sale certificates;
Mr. Thompson moved the adoption of the amendment, which
was adopted.

On motions by Mr. Thompson, the House concurred in Senate
Amendments 1 and 2, as amended by House amendments. The
question recurred on the passage of HB 16-C. The vote was:

Yeas-105



Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flynn
Foster
Fox
Gardner



Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth



Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis



Martin
Martinez
McCall
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard



Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen



Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart



Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-McPherson
So the bill passed, as amended by Senate and House amend-
ments.
Subsequently, on motions by Mr. Bell, the House reconsidered
the votes by which HB 16-C passed and by which the House
concurred in the Senate amendments.

Representative Bell offered the following amendment:
House Amendment 3 to Senate Amendment 1-On page 2,
lines 11-25, strike all of Section 1 and insert new Section 1.
to read:
Section 1. Section 197.062, Florida Statutes, 1978 Supple-
ment, is amended to read:
197.062 Advertisement of real or personal property with
delinquent taxes.-
(1) The board of county commissioners shall, whenever legal
advertisements are required, select and advertise as provided i
pter in a newspaper of paid general circulation in the
county. Such advertisements shall appear in a newspaper that
is published at least 5 days a week unless the only newspaper
of general circulation in the county is published less than
5 days a week. The newspaper shall be one of general interest
and readership in the community, and not one of limited subject
matter. The office of the tax collector shall pay all newspaper
charges, and the proportionate cost of the advertisements shall
be added to the delinquent taxes when they are collected.
(2) Within 45 days after the personal property taxes be-
come delinquent, the tax collector shall advertise a list of the
names of delinquent personal property taxpayers and the
amount of tax due by each.
The advertisement shall include a notice that all personal
property taxes are now drawing interest at the rate of 18
percent per year and that, unless the delinquent taxes are
paid, warrants will be issued thereon pursuant to s. 197.086
and the tax collector will apply to the circuit court for an
order directing levy upon and seizure of the personal property
of the taxpayer for the unpaid taxes.
(3) The tax collector shall advertise once each week for 4
weeks and shall sell tax certificates, except as provided in 8.
197.116(2), on all real property with taxes due on or before
June 1 of each year. He shall make a list of such properties
specifying the amount due on each parcel, including interest
at the rate of 18 percent per year from April 1 to the date of
sale, provided that the minimum charge for any taxes redeemed
prior to the sale of a tax certificate shall be 3 percent regard-
less of the time of redemption, with the cost of advertising and
expense of sale in the same order in which the lands were
assessed.
(4) All advertisements shall be in the form prescribed by
the Department of Revenue.
Mr. Bell moved the adoption of the amendment, which was
adopted.

Representative Bell offered the following amendment:
House Amendment 2 to Senate Amendment 2-On page 1,
line 3, strike "(3)"
Mr. Bell moved the adoption of the amendment, which was
adopted.



Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox



45



November 29, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



On motions by Mr. Bell, the House concurred in Senate
Amendments 1 and 2, as further amended. The question re-
curred on the passage of HB 16-C. The vote was:



Yeas-97
Allen
Bankhead
Barrett
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans



Ewing
Foster
Fox
Gardner
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodes
Hodges
jJennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw



Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McPherson
Melby
Mica
Mills
Moffitt
Morgan
Myers
Nergard
Ogden
Pajcic
Patchett
Patterson
Plummer



Price
Ready
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff



Nays-None
Votes after roll call:
Yeas-Batchelor, Hollingsworth, Nuckolls, Richmond, Gersten
So the bill passed, as further amended. The action of the
House, together with the bill and amendments thereto, was
immediately certified to the Senate.

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that the
Senate has passed with amendments-
By Representatives Hollingsworth and Hodges-
HB 35-C-A bill to be entitled An act relating to agricul-
tural inspections; amending s. 570.15(1) and (2), Florida Stat-
utes, providing that the Commissioner of Agriculture may
designate, in writing, individuals who shall have .access to
regulated premises or vehicles for agricultural inspection pur-
poses; providing for access to documents which could be used
for agricultural purposes; providing for search warrants to be
issued to certain persons for the regulatory inspection of prem-
ises and vehicles under certain circumstances; requiring drivers
of certain vehicles to submit to agricultural inspections under
penalty of law; providing an effective date.
-and requests the concurrence of the House.
Joe Brown, Secretary

Senate Amendment 1-On page 1, lines 20-31, and on page 2,
lines 1-31, and on page 3, lines 1-22, strike on page 1, all of lines
20 through and including line 31, and on page 2, all of lines 1
through and including line 31, and on page 3, all of lines 1
through and including line 22 and insert: Section 1. Subsec-
tions (1) and (2) of section 570.15, Florida Statutes, 1978 Sup-
plement, as amended by chapter 79-371, Laws of Florida, is
amended to read:
570.15 Access to places of business and vehicles.-
(1)(a) The commissioner, assistant eem Gieera' dipeeters
eounsel Eperts, chemists agets inspectors, road-guard in-
spection special officers, and such other employees and officers
of the department, as designated by the commissioner in writing,
shall have full access at all reasonable hours to all:
1. Places of business;
2. Factories;
3. Farm buildings;



4. Carriages;
5. Railroad cars;
6. Trucks;
7. Motor vehicles, except private passenger automobiles with
no trailer in tow, travel trailers, camping trailers, and motor
homes as defined in s. 320.01(1) (b);
8. Truck and motor vehicle trailers;
9. Vessels; and
10. All records or documents pertaining thereto;
which are used or are of a type which could be used in the
production, manufacture, storage, sale, or transportation with-
in the state of any food product; any agricultural, horticultural,
or livestock product; or any article or product with respect
to which any authority is conferred by law on the department.
(b) If such access is he refused by the owner, agent, or
manager of any aech premises or by the driver or operator of
any seeh aer-e-a44id vehicle which an; the inspector or road-
guard inspection special officer has reason to believe is sub-
ject to inspection under this section, such inspector or officer
may apply for, obtain, and maey execute a search warrant
for regulatory inspection after stating under oath that: he
has reason to believe that the premises or vehicle is subject
to inspection pursuant to paragraph (a); that the vehicle
sought to be inspected has had reasonable notice to stop for
inspection; and that the owner, agent, manager, driver, or
operator of the premises or vehicle has refused access for
regulatory inspection. Application for a search warrant shall
be made in the county in which the premises are located, or
in the case of a vehicle to which access is refused, in the
county in which such refusal occurs. The provisions of chapter
933, relating to probable cause for the issuance of search
warrants, shall not apply to this section.-; w4eh shall be
elqaWned a- pnevided 4y l a-w &ew the ebta-i4ing g4 eeare wan-
Y& *e ie then eawsen eo miamy eendaet a ee&eek e4 any 4 the
afereeaitd vehi4eles withueat a waa-t paereaat e f 033.19.49
(c) Such departmental officers, employees, and road-guard
inspection special officers may inspect any premises or vehicle
referred to in paragraph (a), and may examine and open any
package or container of any kind containing or believed to
contain any article or product which may be transported, manu-
factured, sold, or exposed for sale in violation of the provisions
of this chapter, the rules of the department, or the laws which
the department enforces and may inspect the contents thereof
and take therefrom samples for analysis.
(2) It shall be unlawful for the driver of any vehicle, other
than those exempted in subparagraph 7. of paragraph (a)
of subsection (1), trek en any tr-ek es meter vehiele trailer
to pass any official road-guard inspection station without first
stopping and submitting the vehicle for inspection. A violation
of this subsection shall constitute a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
Section 2. This act shall take effect upon becoming a law.

Senate Amendment 2-On page 1, in the title, lines 2-16,
strike on page 1, all of lines 2 through and including line 16
and insert: An act relating to agricultural inspections; amend-
ing s. 570.15(1), (2), Florida Statutes, 1978 Supplement, as
amended; authorizing certain officers and employees of the
Department of Agriculture and Consumer Services to have
access to certain premises, vehicles, vessels, and documents;
providing standards for the issuance and execution of search
warrants for regulatory inspections; authorizing specified of-
ficers and employees of the department to inspect certain premi-
ses, vehicles, packages, or containers; prohibiting the drivers
of certain vehicles from passing any official road-guard inspec-
tion station without stopping and submitting such vehicles for
inspection; providing a penalty; providing an effective date.

On motions by Mr. Crawford, the House concurred in Senate
Amendments 1 and 2. The question recurred on the passage of
HB 35-C. The vote was:

Yeas-91



Allen Barrett Beard
Bankhead Batchelor Bell



Boles
Brantley



46



November 29, 1979









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Burnsed
Campbell
Carlton
Carpenter
Conway
Crady
Crawford
Crotty
Danson
Davis
Dyer
Easley
Eckhart
Evans
Ewing
Flynn
Foster
Fox
Gallagher
Gardner
Gersten

Nays-14
Burrall
Bush
Cox
Deratany



Dunbar
Healey
Kutun
O'Malley



Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kershaw



Ready
Rosen
Sheldon
Spaet



Kirkwood
Kiser
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Margolis
Martin
Martinez
McCall
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden



Votes after roll call:
Yeas-McPherson, Lockward
Nays-Sadowski
Yeas to Nays-Gersten, Margolis
So the bill passed, as amended by Senate amendments. The
action was certified to the Senate and the bill was ordered
enrolled after engrossment.

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has refused to concur in House Amendments 1
and 2 to SB 18-C and requests the House to recede.
In the event the House refuses to recede, the Senate requests
the appointment of a Conference Committee.
(Amendments 1 and 2 attached to original bill.)
Joe Brown, Secretary

On motions by Mr. Martin, the House refused to recede from
House Amendments 1 and 2 and again requested the Senate
to concur therein. In the event the Senate again refuses to
recede, the House acceded to the request for a Conference
Committee and the Speaker appointed Representatives Martin,
Gustafson, and Mica as conferees on the part of the House.
The action of the House, together with the bill and amendments
thereto was immediately certified to the Senate.

Consideration of House Bills and Joint Resolutions
On motion by Mr. Moffitt, agreed to by the required Con-
stitutional two-thirds vote, HJR 2-C was admitted for intro-
duction, the Speaker having ruled the measure was outside the
Purview of the Call. The vote was:

Yeas-108



Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing
Flynn



Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri



Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw



Kirkwood
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson



Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
O'Malley
Pajcic
Patchett
Patterson



Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.



Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Patchett
Patterson
Plummer
Price
Richmond
Robinson
Sample
Shackelford
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Thompson
Tygart
Ward
Watt
Weinstock
Williams
Woodruff
Young



Upchurch
Warner



By Representatives Moffitt and Davis-
HJR 2-C-A joint resolution proposing an amendment to
Section 8 of Article V of the State Constitution, relating to
the judiciary.
-was read the first time by title. On motion by Mr. Moffitt,
the rules were waived and HJR 2-C was read the second time
by title.

Representative Williams offered the following amendment:

Amendment 1-On page 1, lines 26-28, after the period,
strike all of lines 26, 27, and 28
Mr. Williams moved the adoption of the amendment.

Mrs. Easley moved that the amendment be laid on the table,
which was not agreed to. The question recurred on the adoption
of the amendment, which failed of adoption. The vote was:

Yeas-47



Allen
Bankhead
Barrett
Beard
Boles
Brantley
Burrall
Carpenter
Conway
Cox
Crady
Danson

Nays-61
The Chair
Batchelor
Bell
Burnsed
Bush
Campbell
Carlton
Crawford
Crotty
Davis
Dunbar
Dyer
Easley
Evans
Flynn
Fox



Deratany
Eckhart
Ewing
Gallagher
Gustafson
Hagler
Hattaway
Hawkins, M. E.
Hazouri
Hodges
Hollingsworth
Johnson, A. E.



Gardner
Gersten
Girardeau
Haben
Healey
Hector
Hieber
Hodes
Jennings
Jones, D. L.
Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, T. F.



Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Lewis, J. W.
Liberti
McPherson
Mitchell
Morgan
Myers
Nergard
Patchett



Lippman
Lockward
Margolis
Martin
Martinez
McCall
Melby
Mica
Mills
Moffitt
Nuckolls
O'Malley
Pajcic
Richmond
Rosen
Ryals



Patterson
Plummer
Price
Ready
Robinson
Shackelford
Smith, C. R.
Thompson
Ward
Williams
Young




Sadowski
Sample
Sheldon
Silver
Smith, J. H.
Smith, L. J.
Spaet
Tygart
Upchurch
Warner
Watt
Weinstock
Woodruff



Votes after roll call:
Yeas-Hall
Yeas to Nays-Cox, Gustafson, Eckhart, Allen



Nays-1
The Chair
Votes after roll call:
Yeas to Nays-Morgan



Allen
"Rankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter



47



November 29, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



On motion by Mr. Moffitt, the rules were waived and HJR
2-C was read the third time by title. The vote was:

Yeas-103



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart

Nays-4
Hall



Evans Kelly
Ewing Kershaw
Flynn Kirkwood
Foster Kiser
Fox Kutun
Gallagher Lehman
Gardner Lewis, T. F.
Gersten Liberti
Girardeau Lippman
Gustafson Lockward
Haben Margolis
Hagler Martin
Hattaway Martinez
Hawkins, M. E. McCall
Hazouri Melby
Healey Mica
Hector Mills
Hieber Mitchell
Hodes Moffitt
Hodges Morgan
Hollingsworth Myers
Jennings Nergard
Johnson, A. E. Nuckolls
Johnson, B. L. O'Malley
Johnson, R. C. Patchett
Jones, D. L. Plummer



Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Jones, C. F. Lewis, J. W. Patterson



The question recurred on the passage of HJR 2-C, which reads
as follows:
HJR 2-C-A joint resolution proposing an amendment to Sec-
tion 8 of Article V of the State Constitution, relating to the
judiciary.
Be It Resolved by the Legislature of the State of Florida:
That the amendment to Section 8 of Article V of the State
Constitution set forth below is agreed to and shall be submitted
to the electors of Florida for approval or rejection at the general
election to be held in November 1980, or, if authorized by three-
fourths of the membership of each house of the Legislature, at
a special election to be held March 11, 1980:
SECTION 8. Eligibility.-No person shall be eligible for
office of justice or judge of any court unless he is an elector of
the state and resides in the territorial jurisdiction of his court.
No justice or judge shall serve after attaining the age of seventy
years except upon temporary assignment or to complete a
term; one h &f o whihk he h es seved. No person is eligible for
the office of justice of the supreme court or judge of a district
court of appeal unless he is, and has been for the preceding ten
years, a member of the bar of Florida. No person is eligible for
the office of circuit judge unless he is, and has been for the
preceding five years, a member of the bar of Florida. Unless
otherwise provided by general law, a county court judge must
be a member of the bar of Florida.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the substance
of the amendment proposed herein shall appear on the ballot
as follows:
Proposing an amendment to Section 8 of Article V of the
State Constitution to permit any justice or judge who attains
the age of 70 to complete his term of office.
On passage of HJR 2-C, the vote was:

Yeas-103



The Chair
Rankhead
Barrett
Batchelor
Beard
Bell
Brantley



Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway



Cox
Crawford
Crotty
Danson
Davis
Deratany
Dunbar



Dyer
Easley
Eckhart
Evans
Ewing
Flynn
Foster



Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.



Nays-7
Boles
Crady



Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson



Melby
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals



Hagler Mica
Jones, C. F. Patterson



Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Woodruff
Young



Williams



Votes after roll call:
Yeas-Allen, Hall
So the joint resolution passed by the required Constitutional
three-fifths vote of the membership and was immediately certi-
fied to the Senate.

On motion by Mr. Moffitt, agreed to by the required Con-
stitutional two-thirds vote, HB 3-C was admitted for introduc-
tion, the Speaker having ruled the measure was outside the
purview of the Call. The vote was:

Yeas-95



Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Dunbar
Dyer
Easley
Eckhart

Nays-8
The Chair
Burnsed



Ewing
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Haben
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.



Hagler
Hall



Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson
Melby
Mills
Mitchell
Moffitt
Myers
Nergard
Nuckolls
Ogden
O'Malley



Patchett
Patterson
Plummer
Price
Richmond
Robinson
Rosen
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Woodruff



Johnson, A. E. Morgan
Lewis, J. W. Williams



By Representatives Moffitt and Davis-
HB 3-C-A bill to be entitled An act relating to a special
election to be held on March 11, 1980, pursuant to Section 5
of Article XI of the State Constitution for the approval or
rejection by the electors of Florida of a joint resolution amend-
ing Section 8 of Article V of the State Constitution to permit
any justice or judge who attains the age of 70 to complete his
term of office; providing for publication of notice and for pro-
cedures; providing an effective date.
-was read the first time by title. On motions by Mr. Moffitt,
the rules were waived and HB 3-C was read the second time by
title and the third time by title. On passage, the vote was:



48



November 29, 1979









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas-103
The Chair Ewing
Allen Flynn
Bankhead Foster
Barrett Fox
Batchelor Gallagher
Beard Gardner
Bell Gersten
Brantley Girardeau
Burnsed Gustafson
Burrall Haben
Bush Hall
Campbell Hattaway
Carlton Hawkins, L. R.
Carpenter Hawkins, M. E.
Conway Hazouri
Cox Healey
Crady Hector
Crawford Hieber
Crotty Hodes
Danson Hodges
Davis Hollingsworth
Deratany Jennings
Dunbar Johnson, A. E.
Dyer Johnson, B. L.
Easley Johnson, R. C.
Eckhart Jones, C. F.

Nays-4
Boles Hagler
Votes after roll call:
Nays-Mica



Jones, D. L.
Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McCall
McPherson
Melby
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden



O'Malley
Pajcic
Patchett
Plummer
Price
Ready
Robinson
Rosen
Ryals
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Woodruff



Patterson Williams



So the bill passed by the required Constitutional three-
fourths vote of the membership and was immediately certified
to the Senate.
Mr. Kutun moved that HB 10-C be admitted for introduction,
the Speaker having ruled the measure was outside the purview
of the Call. The vote was:

Yeas-58



Allen
Bankhead
Barrett
Beard
Bush
Campbell
Conway
Cox
Dunbar
Dyer
Easley
Eckhart
Flynn
Fox
Gallagher



Gardner
Gersten
Girardeau
Hagler
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hector
Hieber
Hodges
Hollingsworth
Jones, D. L.
Kershaw
Kirkwood
Kiser



Kutun
Lehman
Liberti
Lippman
Lockward
Margolis
Martin
Martinez
McPherson
Mica
Mills
Nuckolls
Ogden
O'Malley
Pajcic



Patterson
Plummer
Price
Rosen
Silver
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Upchurch
Warner
Watt
Weinstock



Nays-35
The Chair
Batchelor
Bell
Brantley
Burnsed
Burrall
Carpenter
Crady
Danson



Ewing
Hall
Hazouri
Hodes
Jennings
Johnson, A. E.
Johnson, R. C.
Jones, C. F.
Kelly



Lewis, J. W.
Lewis, T. F.
Melby
Mitchell
Morgan
Myers
Nergard
Patchett
Richmond



Sample
Shackelford
Sheldon
Smith, C. R.
Tygart
Ward
Williams
Woodruff



Votes after roll call:
Yeas-Gustafson
Nays-Crotty
The motion was not agreed to by the required Constitutional
two-thirds vote.
Subsequently, Dr. Melby moved that the House reconsider
the vote by which HB 10-C failed of introduction and left the
motion pending.

Introduction of Guests
Representative Easley presented the Honorable Charles F.
Mebus, former Member and now Chief Clerk of the House of
Representatives, Commonwealth of Pennsylvania. Mr. Mebus
was a high school classmate of Mrs. Easley.

The Speaker presented the Honorable Peggy Mulligan, Secre-
tary of the Senate of Alaska, who was seated in the gallery.

Record Votes
Representative Dunbar:
Yea-HB 18-C, SB 18-C
Nay-SB 19-C
Representative Gustafson:
Yea-HB 35-C
Co-sponsors
HCR 47-C-D. L. Jones

Reports of Standing Committees

The Committee on Appropriations recommends the following
pass: SB 28-C (fiscal note attached)
The above bill was placed on the calendar.

Adjournment

The House adjourned at 6:09 p.m., to reconvene at 10:00 a.m.
tomorrow.



November 29, 1979



49















WesV e Jour al 0 THE


'House of lepreserqtatives

SPECIAL SESSION



Friday, November 30, 1979



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



The following Members were recorded present:



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Evans
Ewing



Flinn
Flynn
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodes
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly



Kershaw
Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Lockward
Malloy
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Excused: Representative Fontana due to death in family;
Representatives Gordon and Mann; Representative Reynolds due
to illness.

A quorum was present.


Prayer

Prayer was offered by Representative Frederick Lippman.

Pledge

The Members pledged allegiance to the Flag.

The Journal

The Journal of November 29 was corrected and approved as
follows: On page 40, column 1, in vote on SB 29-C, strike
"Fontana" in Yea votes and insert "Foster"; on page 41, column
2, line 18 from bottom, after "funds" insert "received"; on page
46, column 2, line 24 from top, strike "as" and insert "has";
on page 49, column 2, line 5 from bottom, after "SB" insert
"28-C"

50



Messages from the Senate
The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended by the required Constitutional
three-fifths vote of all members elected to the Senate CS for
SJR 25-C, and requests the concurrence of the House.
Joe Brown, Secretary

By the Committee on Ways & Means and Senator Gordon
(by request)-
CS for SJR 25-C-A joint resolution proposing a revision of
Article VII of the State Constitution relating to finance and
taxation.
-was read the first time by title. On motion by Mr. Haben,
the rules were waived and CS for SJR 25-C was read the second
time by title.

Representative Haben offered the following amendment:
Amendment 1-On page 2, line 18, strike sections 3, 4, 6,
and 8 and insert:
ARTICLE VII
FINANCE AND TAXATION
SECTION 3. Taxes; exemptions.-
(a) All property owned by a municipality and used ex-
clusively by it for municipal or public purposes shall be
exempt from taxation. A municipality, owning property out-
side the municipality, may be required by general law to
make payment to the taxing unit in which the property is
located. Such portions of property as are used predominately
for educational, literary, scientific, religious or charitable
purposes may be exempted by general law from taxation.
(b) There shall be exempt from taxation, cumulatively, to
every head of a frmi-y household whether married or single,
residing in this state, household goods and personal effects
to the value fixed by general law, not less than one thousand
dollars, and to every widow or widower or person who is blind
or totally and permanently disabled, property to the value
fixed by general law not less than five hundred dollars.
(c) Pursuant to general law and subject to conditions
specified therein, a county or municipality may, for the pur-
pose of its respective tax levy, and upon approval of a ma-
jority of the electors residing therein, grant a community
redevelopment ad valorem exemption for improvements to
real property within a slum or blighted area designated for
redevelopment pursuant to a plan adopted by the county or
municipality. The amount of such exemption shall be estab-
lished by general law. The period of time for which such
exemption may be granted shall not exceed twenty-five years.
(d) Pursuant to general law and subject to conditions
specified therein, a county or municipality may, for the pur-
pose of its respective tax levy, and upon approval of a ma-
jority of the electors residing therein, grant an economic de-
velopment ad valorem exemption for additions of tangible
personal property and new improvements to real property used








JOURNAL OF THE HOUSI



by a new business or added tangible personal property and
added improvements to real property used by an expanded
existing business. The limits on the amount of such exemption
shall be specified by general law. The period of time for
which such exemption may be granted to a new business or
expanded existing business shall not exceed ten years. The
authority to grant such exemption shall expire ten years from
the date of approval by the electors and may be renewable
for periods of not more than ten years per renewal as pro-
vided by general law.
(e) By general law and subject to conditions specified
therein, an energy conservation ad valorem exemption may
be granted for improvements to real property and tangi-
ble personal property used for energy conservation purposes.
The amount of such exemption and the period of time for which
such exemption may be granted shall be specified by general
law. This exemption may be granted in the form of an ad
valorem tax credit.
(f) By general law and subject to conditions specified
therein, historic property may be granted an ad valorem tax
exemption. The amount of said exemption shall be set by
general law at a specified percentage of the just value of the
property.
SECTION 4. Taxation; assessments.-By general law
regulations shall be prescribed which shall secure a just
valuation of all property for ad valorem taxation, provided:
(a) Agricultural land or land used exclusively for non-
commercial recreational purposes may be classified by gen-
eral law and assessed solely on the basis of character or use.
(b) Pursuant to general law tangible personal property
held for sale as stock in trade and livestock may be valued
for taxation at a specified percentage of its value, may be
classified for tax purposes, or may be exempted from tax-
ation.
(c) By general law enacted by the affirmative vote of
two-thirds of the membership of each house of the legislature,
all other property may be assessed at a uniform proportion
of its just valuation or improvements to real property and
tangible personal property may be assessed at a proportion of
its just valuation. Provided, however, that upon adoption of
a proportion less than 100 percent, the value of all millage
caps imposed pursuant to section 9 herein, all millage caps
authorized by special acts or a vote of the electors, and all
exempt amounts authorized as a fixed dollar amount pursuant
to section 6 herein, are hereby adjusted by an amount neces-
sary to maintain the same proportionate relationship between
said amounts and the authorized fractional assessment rate.
The legislature is hereby empowered to establish by general
law adjustments less than those necessary to maintain said
relationship.
SECTION 6. Homestead exemptions.-
(a) Every person who has the legal or equitable title to real
estate and maintains thereon the permanent residence of the
owner, or another legally or naturally dependent upon the
owner, shall be exempt from taxation thereon, except assess-
ments for special benefits, up to the assessed valuation of five
thousand dollars, upon establishment of right thereto in the
manner prescribed by law. The real estate may be held by legal
or equitable title, by the entireties, jointly, in common, as a con-
dominium, or indirectly by stock ownership or membership rep-
resenting the owner's or member's proprietary interest in a
corporation owning a fee or a leasehold initially in excess of
ninety-eight years.
(b) Not more than one exemption shall be allowed any indi-
vidual or family unit or with respect to any residential unit.
No exemption shall exceed the value of the real estate assessable
to the owner or, in case of ownership through stock or member-
ship in a corporation, the value of the proportion which his in-
terest in the corporation bears to the assessed value of the
property.
(c) By general law and subject to conditions specified
therein, the exemption may be increased up to an amount
not exceeding ten thousand dollars of the assessed value of the
real estate if the owner has attained age sixty-five or is totally
and permanently disabled.



(d) By general law and subject to conditions specified there-
in, the legislature may increase the value of exemptions pro-



November 30, 1979



(b) The bonds shall be secured by a pledge of and shall
be payable primarily from all or any part of revenues to
be derived from the financing, operation or sale of such fa-
cilities, mortgage or loan payments, and any other revenues
or assets that may be legally available for such purposes
derived from sources other than ad valorem taxation, including
revenues from other facilities, or any combination thereof



SOF REPRESENTATIVES 51

vided in this section to reflect inflation or changes in overall as-
sessment levels.
SECTION 8. Aid to local governments.-State funds may be
appropriated to the several counties, school districts, munici-
palities or special districts upon such conditions as may be pro-
vided by general law. The relative ad valorem assessment levels
of the counties, as determined by an agency designated by gen-
eral law, may be used without limitation in the appropriation of
state funds.
municipal services may, to the extent authorized by law, levy
additional taxes within the limits fixed for municipal purposes.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the substance
of the amendments proposed herein shall appear on the ballot
as follows:
Proposing to amend Sections 3, 4, 6, and 8 of Article VII of
the State Constitution, relating to finance and taxation, to:
1. Extend the tax exemption for household goods and per-
sonal effects to every head of a household whether married or
single residing in this state.
2. Authorize the classification for taxation, or exemption
therefrom, of inventory and livestock.
3. Authorize ad valorem tax assessments to be established
at a uniform proportion of its just value.
4. Authorize an increase in the homestead exemption to
reflect inflation or changes in overall assessment levels.
5. Provide that relative county assessment levels may be
used in the appropriation of state funds to the counties.
Mr. Haben moved the adoption of the amendment, which
was adopted.

Representative Haben offered the following amendment:
Amendment 2-On page 7, line 3, strike sections 9, 16, and
17 and insert: SECTION 9. Local taxes.-
(a) Counties, school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad valorem
taxes and may be authorized by general law to levy other
taxes, for their respective purposes, except ad valorem taxes
on intangible personal property and taxes prohibited by this
constitution.
(b) Ad valorem taxes, exclusive of taxes levied for the
payment of bonds and taxes levied for periods not longer than
two years, or not longer than ten years in the case of taxes
designated by a school board for capital improvements, when
authorized by vote of the electors who are the owners of free.
holds therein not wholly exempt from taxation, shall not be
levied in excess of the following millages upon the assessed
value of real estate and tangible personal property: for all
county purposes, ten mills; for all municipal purposes, ten
mills; for all school purposes, ten mills; for water manage-
ment purposes for the northwest portion of the state lying west
of the line between ranges two and three east, 0.05 mill; for
water management purposes for the remaining portions of
the state, 1.0 mill; and for all other independent special dis-
tricts a millage authorized by law and approved by vote of
the electors who are owners of freeholds therein not wholly
exempt from taxation.
A county furnishing municipal services may, to the extent
authorized by law, levy additional taxes within the limits
fixed for municipal purposes.
SECTION 16. Revenue bonds for homeowner and renter
assistance.-
(a) When authorized by law, revenue bonds may be is-
sued without an election to finance or refinance state home-
owner and renter assistance programs.








52 JOURNAL OF THE HOUSE

(herein collectively referred to as "pledge revenues"). No
state housing agency established by law shall make mortgage
loans directly to any mortgagor.
(c) No bonds shall be issued unless a state fiscal agency,
created by law, has made a determination that in no state
fiscal year will the debt service requirements of the bonds
proposed to be issued and all other bonds secured by the same
pledged revenues exceed the pledged revenues available for
payment of such debt service requirements, as defined by
law.
SECTION 17. Financing of community redevelopment proj-
ects.-
(a) When provided by general law, a county or munici-
pality, or an authority created by general or special law and
governed by a county or municipality, may, upon approval of a
majority of the electors residing in the municipality in which
the community redevelopment area is located or in the county
if the community redevelopment area is located outside of
municipal boundaries, designate an area as a community rede-
velopment area and may:
(1) Provide for redevelopment of such area for residen-
tial, recreational, commercial, or industrial uses;
(2) Acquire by eminent domain or otherwise, for pur-
poses of redevelopment, property located in such area pro-
vided that no authority created by general or special law and
governed by a county or municipality shall have the authority
to acquire any property by eminent domain;
(3) Sell or transfer property acquired in such area to any
private person or public entity; and
.(4) Issue revenue bonds, secured solely by a pledge of and
payable from tax increments, to finance or refinance the
redevelopment of such area. A tax increment shall consist of
that portion of the ad valorem tax revenues of the taxing
authority collected each year from property located in a
designated community redevelopment area, which exceeds the
tax revenues that would have been collected at the current
year's millage rate had such property been assessed at its value
as shown on the assessment roll in the year immediately prior
to the year in which the area was designated as a community
redevelopment area.
(b) Community redevelopment plans, as may be authorized
by general law shall:
(1) Contain the findings and determinations of the elected
governing body that the community redevelopment area is a
slum or blighted area; and
(2) Contain the findings and determinations of the elected
governing body that the community redevelopment agency has
a feasible method or plan to provide replacement housing for
those persons temporarily or permanently displaced from
housing facilities within the community redevelopment area.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the sub-
stance of the amendments proposed herein shall appear on the
ballot as follows:
Proposing to amend section 9 of Article VII of the State
Constitution, and to add sections 16 and 17 thereto, relating to
finance and taxation, to:
1. Permit the levy of a 10-year school tax for capital im-
provements upon approval by the electors.
2. Authorize the issuance of revenue bonds to finance or
refinance state homeowner and renter assistance programs.
3. Authorize counties and municipalities to designate com-
munity redevelopment areas and to exercise eminent domain
powers and issue revenue bonds with respect thereto.
Mr. HIaben moved the adoption of the amendment, which
was adopted.



On motion by Mr. Haben, the rules were waived and CS for
SJR 25-C, as amended, was read the third time by title.

The question recurred on the passage of CS for SJR 25-C,
which now reads as follows:



;1



(d) Pursuant to general law and subject to conditions speci-
fied therein, a county or municipality may, for the purpose of
its respective tax levy, and upon approval of a majority of the
electors residing therein, grant an economic development ad
valorem exemption for additions of tangible personal property



E OF REPRESENTATIVES November 30, 1979

CS for SJR 25-C-A joint resolution proposing a revision of
Article VII of the State Constitution relating to finance and
taxation.
Be It Resolved by the Legislature of the State of Florida:
That the following revision consisting of a revision of Article
VII of the State Constitution is hereby agreed to and that the
revision shall be submitted to the electors of this state for ap-
proval or rejection at a special election to be held on March
11, 1980, and if approved, such revision shall take effect April
1, 1980 and, for ad valorem taxes, shall apply to the taxes levied
on the assessment rolls for the year 1980 and each year there-
after:
ARTICLE VII
FINANCE AND TAXATION
SECTION 1. Taxation; appropriations; state expenses.-
(a) No tax shall be levied except in pursuance of law. No
state ad valorem taxes shall be levied upon real estate or
tangible personal property. All other forms of taxation shall
be preempted to the state except as provided by general law.
(b) Motor vehicles, boats, airplanes, trailers, trailer coaches
and mobile homes, as defined by law, shall be subject to a li-
cense tax for their operation in the amdtnts and for the pur-
poses prescribed by law, but shall not be subject to ad valorem
taxes.
(c) No money shall be drawn from the treasury except in
pursuance of appropriation made by law.
(d) Provision shall be made by law for raising sufficient
revenue to defray the expenses of the state for each fiscal
period.
(e) Provision shall be made by general law for an expendi-
ture limitation plan to govern state appropriations, utilizing
generally accepted criteria of economic growth with such con-
ditions, restrictions and limitations as may be determined by
general law.
SECTION 2. Taxes; rate.-All ad valorem taxation shall be
at a uniform rate within each taxing unit, except the taxes on
intangible personal property may be at different rates but shall
never exceed two mills on the dollar of assessed value; provided,
as to any obligations secured by mortgage, deed of trust, or
other lien on real estate wherever located, an intangible tax
of not more than two mills on the dollar may be levied by law
to be in lieu of all other intangible assessments on such
obligations.
SECTION 3. Taxes; exemptions.-
(a) All property owned by a municipality and used exclu-
sively by it for municipal or public purposes shall be exempt
from taxation. A municipality, owning property outside the
municipality, may be required by general law to make payment
to the taxing unit in which the property is located. Such por-
tions of property as are used predominately for educational,
literary, scientific, religious or charitable purposes may be
exempted by general law from taxation.
(b) There shall be exempt from taxation, cumulatively, to
every head of a family household whether married or single,
residing in this state, household goods and personal effects to
the value fixed by general law, not less than one thousand
dollars, and to every widow or widower or person who is blind
or totally and permanently disabled, property to the value
fixed by general law not less than five hundred dollars.
(c) Pursuant to general law and subject to conditions speci-
fied therein, a county or municipality may, for the purpose of
its respective tax levy, and upon approval of a majority of the
electors residing therein, grant a community redevelopment ad
valorem exemption for improvements to real property within a
slum or blighted area designated for redevelopment pursuant
to a plan adopted by the county or municipality. The amount
of such exemption shall be established by general law. The
period of time for which such exemption may be granted
shall not exceed twenty-five years.









JOURNAL OF THE HOUSE



and new improvements to real property used by a new business
or added tangible personal property and added improvements
to real property used by an expanded existing business. The
limits on the amount of such exemption shall be specified by
general law. The period of time for which such exemption may
be granted to a new business or expanded existing business
shall not exceed ten years. The authority to grant such exemp-
tion shall expire ten years from the date of approval by the
electors and may be renewable for periods of not more than
ten years per renewal as provided by general law.
(e) By general law and subject to conditions specified there-
in, an energy conservation ad valorem exemption may be granted
for improvements to real property and tangible personal prop-
erty used for energy conservation purposes. The amount of
such exemption and the period of time for which such exemption
may be granted shall be specified be specified by general law. This exemp-
tion may be granted in the form of an ad valorem tax credit.
(f) By general law and subject to conditions specified there-
in, historic property may be granted an ad valorem tax exemp-
tion. The amount of said exemption shall be set by general law
at a specified percentage of the just value of the property.
SECTION 4. Taxation; assessments.-By general law regu-
lations shall be prescribed which shall secure a just valuation
of all property for ad valorem taxation, provided:
(a) Agricultural land or land used exclusively for non-com-
mercial recreational purposes may be classified by general law
and assessed solely on the basis of character or use.
(b) Pursuant to general law tangible personal property
held for sale as stock in trade and livestock may be valued for
taxation at a specified percentage of its value, may be classified
for tax purposes, or may be exempted from taxation.
(c) By general law enacted by the affirmative vote of two-
thirds of the membership of each house of the legislature, all
other property may be assessed at a uniform proportion of its
just valuation or improvements to real property and tangible
personal property may be assessed at a proportion of its just
valuation. Provided, however, that upon adoption of a proportion
less than 100 percent, the value of all village caps imposed pur-
suant to section 9 herein, all village caps authorized by special
acts or a vote of the electors, and all exempt amounts authorized
as a fixed dollar amount pursuant to section 6 herein, are
hereby adjusted by an amount necessary to maintain the same
proportionate relationship between said amounts and the author-
ized fractional assessment rate. The legislature is hereby em-
powered to establish by general law adjustments less than those
necessary to maintain said relationship.
SECTION 5. Estate, inheritance and income taxes.-
(a) NATURAL PERSONS. No tax upon estates or inheri-
tances or upon the income of natural persons who are residents
or citizens of the state shall be levied by the state, or under its
authority, in excess of the aggregate of amounts which may be
allowed to be credited upon or deducted from any similar tax
levied by the United States and oe any state.
(b) OTHERS. No tax upon the income of residents and
citizens other than natural persons shall be levied by the state,
or under its authority, in excess of 5% of net income, as de-
fined by law, or at such greater rate as is authorized by a three-
fifths (3/5) vote of the membership of each house of the leg-
islature or as will provide for the state the maximum amount
which may be allowed to be credited against income taxes
levied by the United States and other states. There shall be ex-
empt from taxation not less than five thousand dollars ($5,000)
of the excess of net income subject to tax over the maximum
amount allowed to be credited against income taxes levied by
the United States and other states.
{ EFFECTIVE J 44. e Doetier shel beeome e4fective
immediately upon approval by he etersf 4Florida.
SECTION 6. Homestead exemptions.-
(a) Every person who has the legal or equitable title to real
estate and maintains thereon the permanent residence of the
owner, or another legally or naturally dependent upon the
owner, shall be exempt from taxation thereon, except assess-



ments for special benefits, up to the assessed valuation of five
thousand dollars, upon establishment of right thereto in the
manner prescribed by law. The real estate may be held by legal
or equitable title, by the entireties, jointly, in common, as a



November 30, 1979



mills; for all school purposes, ten mills; for water manage-
ment purposes for the northwest portion of the state lying
west of the line between ranges two and three east, 0.05 mill;
for water management purposes for the remaining portions of
the state, 1.0 mill; and for all other independent special dis-
tricts a millage authorized by law and approved by vote of the
electors who are owners of freeholds therein not wholly exempt



1 OF REPRESENTATIVES 53

condominium, or indirectly by stock ownership or membership
representing the owner's or member's proprietary interest in
a corporation owning a fee or a leasehold initially in excess of
ninety-eight years.
(b) Not more than one exemption shall be allowed any indi-
vidual or family unit or with respect to any residential unit.
No exemption shall exceed the value of the real estate assess-
able to the owner or, in case of ownership through stock or
membership in a corporation, the value of the proportion which
his interest in the corporation bears to the assessed value of
the property.
(c) By general law and subject to conditions specified there-
in, the exemption may be increased up to an amount not exceed-
ing ten thousand dollars of the assessed value of the real
estate if the owner has attained age sixty-five or is totally and
permanently disabled.
(d) By general law and subject to conditions specified there-
in, the legislature may increase the value of exemptions provided
in this section to reflect inflation or changes in overall assess-
ment levels.
SECTION 7. Allocation of pari-mutuel taxes.-Taxes upon
the operation of pari-mutuel pools may be preempted to the
state or allocated in whole or in part to the counties. When
allocated to the counties, the distribution shall be in equal
amounts to the several counties.
SECTION 8. Aid to local governments.-State funds may be
appropriated to the several counties, school districts, munici-
palities or special districts upon such conditions as may be
provided by general law. The relative ad valorem assessment
levels of the counties, as determined by an agency designated by
general law, may be used without limitation in the appropriation
of state funds.
municipal services may, to the extent authorized by law, levy
additional taxes within the limits fixed for municipal purposes.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the substance
of the amendments proposed herein shall appear on the ballot
as follows:
Proposing to amend Sections 3, 4, 6, and 8 of Article VII of
the State Constitution, relating to finance and taxation, to:
1. Extend the tax exemption for household goods and per-
sonal effects to every head of a household whether married or
single residing in this state.
2. Authorize the classification for taxation, or exemption
therefrom, of inventory and livestock.
3. Authorize ad valorem tax assessments to be established
at a uniform proportion of its just value.
4. Authorize an increase in the homestead exemption to re-
flect inflation or changes in overall assessment levels.
5. Provide that relative county assessment levels may be
used in the appropriation of state funds to the counties.
SECTION 9. Local taxes.-
(a) Counties, school districts, and municipalities shall, and
special districts may, be authorized by law to levy ad valorem
taxes and may be authorized by general law to levy other
taxes, for their respective purposes, except ad valorem taxes
on intangible personal property and taxes prohibited by this
constitution.
(b) Ad valorem taxes, exclusive of taxes levied for the
payment of bonds and taxes levied for periods not longer than
two years, or not longer than ten years in the case of taxes
designated by a school board for capital improvements, when
authorized by vote of the electors who are the owners of free-
holds therein not wholly exempt from taxation, shall not be
levied in excess of the following villages upon the assessed
value of real estate and tangible personal property: for all
county purposes, ten mills; for all municipal purposes, ten








JOURNAL OF THE HOUSE OF REPRESENTATIVES



from taxation. A county furnishing municipal services may,
to the extent authorized by law, levy additional taxes within
the limits fixed for municipal purposes.
SECTION 10. Pledging credit.-Neither the state nor any
county, school district, municipality, special district, or agency
of any of them, shall become a joint owner with, or stock-
holder of, or give, lend or use its taxing power or credit to
aid any corporation, association, partnership or person; but
this shall not prohibit laws authorizing:
(a) the investment of public trust funds;
(b) the investment of other public funds in obligations of,
or insured by, the United States or any of its instrumentali-
ties;
(c) the issuance and sale by any county, municipality, spe-
cial district or other local governmental body of (1) revenue
bonds to finance or refinance the cost of capital projects for
airports or port facilities, or (2) revenue bonds to finance
or refinance the cost of capital projects for industrial or
manufacturing plants to the extent that the interest thereon
is exempt from income taxes under the then existing laws of
the United States, when, in either case, the revenue bonds are
payable solely from revenue derived from the sale, operation
or leasing of the projects. If any project so financed, or any
part thereof, is occupied or operated by any private corpora-
tion, association, partnership or person pursuant to contract
or lease with the issuing body, the property interest created
by such contract or lease shall be subject to taxation to the
same extent as other privately owned property.
(d) a municipality, county, special district, or agency of
any of them, being a joint owner of, giving, or lending or
using its taxing power or credit for the joint ownership, con-
struction and operation of electrical energy generating or
transmission facilities with any corporation, association, part-
nership or person.
SECTION 11. State bonds; revenue bonds.-
(a) State bonds pledging the full faith and credit of the
state may be issued only to finance or refinance the cost
of state capital projects upon approval by a vote of the
electors; provided state bonds issued pursuant to this sub-
section (a) may be refunded without a vote of the electors at
a lower net average interest cost rate. The total outstanding
principal of state bonds issued pursuant to this subsection (a)
shall never exceed fifty per cent of the total tax revenues of the
state for the two preceding fiscal years.
(b) Moneys sufficient to pay debt service on state bonds
as the same becomes due shall be appropriated by law.
(c) Revenue bonds may be issued by the state or its
agencies without a vote of the electors only to finance or re-
finance the cost of state capital projects and shall be payable
solely from funds derived from sources other than state tax
revenues or rents or fees paid from state tax revenues.
SECTION 12. Local bonds.-Counties, school districts, mu-
nicipalities, special districts and local governmental bodies with
taxing powers may issue bonds, certificates of indebtedness or
any form of tax anticipation certificates, payable from ad
valorem taxation and maturing more than twelve months after
issuance only:
(a) to finance or refinance capital projects authorized by
law and only when approved by vote of the electors who are
owners of freeholds therein not wholly exempt from taxation;
or
(b) to refund outstanding bonds and interest and redemp-
tion premium thereon at a lower net average interest cost rate.
SECTION 13. Relief from illegal taxes.-Until payment of
all taxes which have been legally assessed upon the property of
the same owner, no court shall grant relief from the payment
of any tax that may be illegal or illegally assessed.
SECTION 14. Bonds for pollution control and abatement
facilities.-



(a) When authorized by law, state bonds pledging the full
faith and credit of the state may be issued without an election
to finance the construction of air and water pollution control
and abatement and solid waste disposal facilities (herein re-



ferred to as "facilities") to be operated by any municipality,
county, district or authority, or any agency thereof (herein
referred to as "local governmental agencies"), or by any
agency of the State of Florida. Such bonds shall be secured by
a pledge of and shall be payable primarily from all or any
part of revenues to be derived from operation of such facilities,
special assessments, rentals to be received under lease-purchase
agreements herein provided for, any other revenues that may be
legally available for such purpose, including revenues from
other facilities, or any combination thereof (herein collectively
referred to as "pledged revenues"), and shall be additionally
secured by the full faith and credit of the State of Florida.
(b) No such bonds shall be issued unless a state fiscal
agency, created by law, has made a determination that in no
state fiscal year will the debt service requirements of the bonds
proposed to be issued and all other bonds secured by the pledged
revenues exceed seventy-five per cent of the pledged revenues.
(c) The state may lease any of such facilities to any local
governmental agency, under lease-purchase agreements for
such periods and under such other terms and conditions as may
be mutually agreed upon. The local governmental agencies may
pledge the revenues derived from such leased facilities or any
other available funds for the payment of rentals thereunder;
and, in addition, the full faith and credit and taxing power
of such local governmental agencies may be pledged for the
payment of such rentals without any election of freeholder
electors or qualified electors.
(d) The state may also issue such bonds for the purpose
of loaning money to local governmental agencies, for the con-
struction of such facilities to be owned or operated by any of
such local governmental agencies. Such loans shall bear interest
at not more than one-half of one per cent per annum greater
than the last preceding issue of state bonds pursuant to this
section, shall be secured by the pledged revenues, and may
be additionally secured by the full faith and credit of the local
governmental agencies.
(e) The total outstanding principal of state bonds issued
pursuant to this section 14 shall never exceed fifty per cent
of the total tax revenues of the state for the two preceding
fiscal years.
SECTION 15. Revenue bonds for scholarship loans.-
(a) When authorized by law, revenue bonds may be issued
to establish a fund to make loans to students determined
eligible as prescribed by law and who have been admitted to
attend any public or private institutions of higher learning,
junior colleges, health related training institutions, or voca-
tional training centers, which are recognized or accredited un-
der terms and conditions prescribed by law. Revenue bonds is-
sued pursuant to this section shall be secured by a pledge of
and shall be payable primarily from payments of interest,
principal, and handling charges to such fund from the recipients
of the loans and, if authorized by law, may be additionally
secured by student fees and by any other moneys in such fund.
There shall be established from the proceeds of each issue of
revenue bonds a reserve account in an amount equal to and
sufficient to pay the greatest amount of principal, interest,
and handling charges to become due on such issue in any en-
suing state fiscal year.
(b) Interest moneys in the fund established pursuant to
this section, not required in any fiscal year for payment of
debt service on then outstanding revenue bonds or for main-
tenance of the reserve account, may be used for educational
loans to students determined to be eligible therefore in the
manner provided by law, or for such other related purposes as
may be provided by law.
SECTION 16. Revenue bonds for homeowner and renter
assistance.-
(a) When authorized by law, revenue bonds may be issued
without an election to finance or refinance state homeowner and
renter assistance programs.
(b) The bonds shall be secured by a pledge of and shall be
payable primarily from all or any part of revenues to be
derived from the financing, operation or sale of such facilities,



mortgage or loan payments, and any other revenues or assets
that may be legally available for such purposes derived from
sources other than ad valorem taxation, including revenues
from other facilities, or any combination thereof (herein col-



November 30, 1979



54








JOURNAL OF THE HOUSE OF REPRESENTATIVES



lectively referred to as "pledge revenues"). No state housing
agency established by law shall make mortgage loans directly
to any mortgagor.
(c) No bonds shall be issued unless a state fiscal agency,
created by law, has made a determination that in no state
fiscal year will the debt service requirements of the bonds
proposed to be issued and all other bonds secured by the same
pledged revenues exceed the pledged revenues available for
payment of such debt service requirements, as defined by law.
SECTION 17. Financing of community redevelopment pro-
jects.-
(a) When provided by general law, a county or munici-
pality, or an authority created by general or special law and
governed by a county or municipality, may, upon approval of
a majority of the electors residing in the municipality in which
the community redevelopment area is located or in the county
if the community redevelopment area is located outside of mu-
nicipal boundaries, designated area as a community rede-
velopment area and may:
(1) Provide for redevelopment of such area for residential,
recreational, commercial, or industrial uses;
(2) Acquire by eminent domain or otherwise, for purposes
of redevelopment, property located in such area provided that
no authority created by general or special law and governed
by a county or municipality shall have the authority to acquire
any property by eminent domain;
(8) Sell or transfer property acquired in such area to any
private person or public entity; and
(4) Issue revenue bonds, secured solely by a pledge of and
payable from tax increments, to finance or refinance the re-
development of such area. A tax increment shall consist of
that portion of the ad valorem tax revenues of the taxing au-
thority collected each year from property located in a desig-
nated community redevelopment area, which exceeds the tax
revenues that would have been collected at the current year's
millage rate had such property been assessed at its value as
shown on the assessment roll in the year immediately prior to
the year in which the area was designated as a community
redevelopment area.
(b) Community redevelopment plans, as may be authorized
by general law shall:
(1) Contain the findings and determinations of the elected
governing body that the community redevelopment area is a
slum or blighted area; and
(2) Contain the findings and determinations of the elected
governing body that the community redevelopment agency has
a feasible method or plan to provide replacement housing for
those persons temporarily or permanently displaced from hous-
ing facilities within the community redevelopment area.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the substance
of the amendments proposed herein shall appear on the ballot
as follows:
Proposing to amend section 9 of Article VII of the State
Constitution, and to add sections 16 and 17 thereto, relating to
finance and taxation, to:
1. Permit the levy of a 10-year school tax for capital im-
provements upon approval by the electors.
2. Authorize the issuance of revenue bonds to finance or
refinance state homeowner and renter assistance programs.
3. Authorize counties and municipalities to designate com-
munity redevelopment areas and to exercise eminent domain
powers and issue revenue bonds with respect thereto.
SECTION 18. Schedule.-



(a) If at a special election held on March 11, 1980, there
is also approved by the electors of this state an amendment or
revision to Section 6 of this Article which contains language
in conflict with that contained in this revision, the language
contained in this revision shall prevail to the extent of any
conflict.



(b) Until changed by law enacted by the affirmative vote
of two-thirds of the membership of each house of the legisla-
ture, property assessed pursuant to subsection (f) of Section 4
of this Article shall be assessed at sixty-five percent of its
just valuation. With respect to ad valorem taxes based upon the
1980 or 1981 assessment rolls, any taxing authority which
levies its maximum authorized millage and which, as a result
of the assessment of property for ad valorem tax purposes at
sixty-five percent of just value, would receive less ad valorem
tax revenue than it received from ad valorem taxes based upon
the 1979 assessment rolls may require that property subject to
taxation by such taxing authority be uniformly assessed for
purposes of taxation by such authority at the percentage of
just value necessary for such taxing authority to receive the
same amount of ad valorem tax revenue that it received from
taxes based upon the 1979 assessment rolls.
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the substance
of the revision proposed herein shall appear on the ballot as
follows:
Proposing to revise Article VII of the State Constitution,
relating to finance and taxation, to:
1. Place a limitation on appropriations.
2. Extend the tax exemption for household goods and per-
sonal effects to every resident of the state.
3. Authorize ad valorem tax exemptions for community re-
development and economic development programs.
4. Authorize ad valorem tax relief for homeowners and
renters based on income or other conditions.
5. Provide that relative county assessment levels may be
used in the appropriation of state funds.
6. Authorize the issuance of revenue bonds to finance or
refinance state homeowner and renter assistance programs.
7. Provide for the financing of community redevelopment
projects and to specify powers and requirements with respect
thereto, including the power to exercise eminent domain and
to issue revenue bonds.
8. Authorize historic property to be valued for taxation at
a specified percentage of its value.

On passage of CS for SJR 25-C, the vote was:

Yeas-71



The Chair
Allen
Barrett
Batchelor
Beard
Boles
Burnsed
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Davis
Eckhart
Flinn
Flynn

Nays-40
Bankhead
Brantley
Burrall
Bush
Crotty
Danson
Deratany
Dunbar
Dyer
Easley



Foster
Fox
Gersten
Girardeau
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Hodges
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.


Evans
Ewing
Gallagher
Gardner
Hawkins, M. E.
Hieber
Hollingsworth
Jennings
Jones, D. L.
Kelly



Kershaw
Kutun
Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Malloy
Margolis
Martin
Martinez
McPherson
Meek
Mills
Mitchell
Moffitt
Morgan
Ogden


Kirkwood
Kiser
Lewis, T. F.
McCall
Melby
Mica
Myers
Nergard
Nuckolls
Patchett



O'Malley
Plummer
Price
Ready
Robinson
Rosen
Sheldon
Silver
Smith, L. J.
Spaet
Thomas
Upchurch
Ward
Warner
Weinstock
Williams
Young



Patterson
Richmond
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Watt
Woodruff



So the joint resolution failed to pass by the required Con-
stitutional three-fifths vote of the membership.



55



November 30, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mr. Haben moved that the House reconsider the vote by
which CS for SJR 25-C failed to pass by the required three-
fifths vote of the membership, which was agreed to. The vote
was:

Yeas-74



The Chair
Allen
Barrett
Batchelor
Beard
Boles
Burnsed
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Davis
Dyer
Eckhart
Flinn
Foster

Nays-37
Bankhead
Brantley
Burrall
Bush
Crotty
Danson
Deratany
Dunbar
Easley
Evans
Votes after



Fox
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Hodges
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kershaw


Ewing
Gallagher
Hall
Hawkins, M. E.
Hieber
Hollingsworth
Jennings
Jones, D. L.
Kelly
Kirkwood
roll call:



Price
Ready
Robinson
Rosen
Ryals
Shackelford
Sheldon
Silver
Smith, L. J.
Spaet
Thomas
Upchurch
Ward
Warner
Weinstock
Williams
Young



Kutun
Lehman
Lewis, J. W.
Liberti
Lockward
Malloy
Margolis
Martin
Martinez
McPherson
Meek
Mills
Mitchell
Moffitt
Morgan
Ogden
O'Malley
Patterson
Plummer


Kiser
Lewis, T. F.
McCall
Melby
Mica
Myers
Nergard
Nuckolls
Patchett
Richmond



Yeas-Bell



The question again recurred
25-C. The vote was:



Foster
Fox
Gardner
Gersten
Girardeau
Gustafson
Haben
Hagler
Hattaway
Hawkins, L. R.
Hazouri
Healey
Hector
Hodes
Hodges
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.


Evans
Ewing
Gallagher
Hall
Hawkins, M. E.
Hieber
Hollingsworth
Jennings
Jones, D. L.
Kelly



on the passage of CS for SJR



Kershaw
Kutun
Lehman
Lewis, J. W.
Liberti
Lippman
Lockward
Malloy
Margolis
Martin
Martinez
Meek
Mills
Mitchell
Moffitt
Morgan
Ogden
O'Malley
Patterson


Kirkwood
Kiser
Lewis, T. F.
McCall
McPherson
Melby
Mica
Myers
Nergard
Nuckolls



Plummer
Price
Ready
Robinson
Rosen
Ryals
Shackelford
Sheldon
Silver
Smith, L. J.
Spaet
Thomas
Ward
Warner
Weinstock
Williams
Young




Patchett
Richmond
Sample
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Upchurch
Watt
Woodruff



So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of the membership. The action
of the House, together with the joint resolution and amend-
ments thereto, was immediately certified to the Senate.



The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives
that the Senate acceded to the request of the House for a
Conference Committee. The President has appointed Senators
Johnston, Stuart and Dunn as the Conferees on the part of
the Senate on S.B. 18-C.
Joe Brown, Secretary
The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has receded from Senate Amendments 1A and 2A
and passed HB 36-C as amended.
Joe Brown, Secretary
The bill was ordered enrolled after engrossment.

Recess
The House recessed at 10:42 a.m., to reconvene at 1:30 p.m.
today.

Reconvened
The House was called to order by the Speaker pro tempore
at 1:30 p.m. A quorum was present.

Recess
The House recessed at 1:34 p.m. to reconvene at 2:30 p.m.
or upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 2:25 p.m.
Excused: Representative Thomas due to illness of his mother.
A quorum was present.

Recess
The House recessed at 2:30 p.m. to reconvene at 4:00 p.m.
today.

Reconvened
The House was called to order by the Speaker at 4:00 p.m.
A quorum was present.

The following amended proclamations were received:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
(Fourth Amendment to Proclamation Dated November 21, 1979)
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 21st day of November 1979, a Proclama-
tion of the Governor was' issued convening a special session of
the Florida Legislature commencing on the 27th day of Novem-
ber 1979, and
WHEREAS, on the 27th day of November 1979, a Proclama-
tion was issued amending the Proclamation of November 21,
1979, as amended, and
WHEREAS, on the 28th day of November 1979, a Proclama-
tion was issued further amending the Proclamation of Novem-
ber 21, 1979, as amended, and
WHEREAS, on the 28th day of November 1979, a Proclama-



tion was issued again amending the Proclamation of November
21, 1979, as amended, and



Sample
Smith, C. R.
Smith, J. H.
Thompson
Tygart
Watt
Woodruff



Yeas-74
The Chair
Allen
Barrett
Batchelor
Beard
Bell
Boles
Burnsed
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Davis
Eckhart
Flinn
Flynn

Nays---40
Bankhead
Brantley
Burrall
Bush
Crotty
Danson
Deratany
Dunbar
Dyer
Easley



56



November 30, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



WHEREAS, it is necessary and in the best interest of the
State to further amend the Proclamation of the Governor of
November 21, 1979, as amended, in order to extend the period of
the call of the special session for the sole purpose of consider-
ing tax reform,
NOW THEREFORE, I, BOB GRAHAM, 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 3(c) (1), Florida Constitution, do hereby proclaim as
follows:

Section 1
That Section 1 of the Proclamation of November 21, 1979
is amended to read:
1. That the Legislature of the State of Florida be and is
hereby convened in special session pursuant to Article
III, Section 3(c)(1), Florida Constitution, at the Capitol,
Tallahassee, Florida, commencing at 2:00 p.m. on Tues-
day, November 27, 1979, and extending through noon,
Tuesday, December 4, 1979.

Section 2
That the Legislature is convened in this extended special
session for the sole purpose of considering the matters described
in paragraphs 1(a) through (h) and 2 of Section 2 of the
Proclamation dated November 21, 1979, as amended.

Section 3
Except as amended by this Proclamation and the Proclama-
tions dated November 27, 1979, November 28, 1979, and Novem-
ber 28, 1979, the Proclamation of the Governor dated November
21, 1979 is ratified and confirmed.
oESg sIN TESTIMONY WHEREOF, I have
OR E Phereunto set my hand and caused the
A. Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol,
this 30 day of November 1979.
WEI BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State

PROCLAMATION
State of Florida
Executive Department
Tallahassee
(Fifth Amendment to Proclamation Dated November 21, 1979)

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

WHEREAS, on the 21st day of November 1979, a Proclama-
tion of the Governor was issued convening a special session of
the Florida Legislature commencing on the 27th day of Novem-
ber 1979, and

WHEREAS, on the 27th day of November 1979, a Proclama-
tion was issued amending the Proclamation of November 21,
1979, as amended, and

WHEREAS, on the 28th day of November 1979, a Proclama-



tion was issued further amending the Proclamation of Novem-
ber 21, 1979, as amended, and



WHEREAS, on the 28th day of November 1979, a Proclama-
tion was issued again amending the Proclamation of November
21, 1979, as amended, and
WHEREAS, on the 30th day of November 1979, a Proclama-
tion was issued amending the Proclamation of November 21,
1979, as amended, for the purpose of extending the call of the
special session for the sole purpose of considering .tax reform,
and
WHEREAS, it is necessary and in the best interest of the
State to further amend the Proclamation of the Governor of
November 21, 1979, as amended, in order that the Legislature
may also consider during the extended special session the
matters described in paragraph 7 of the Proclamation dated
November 21, 1979, as amended.
NOW, THEREFORE, I, BOB GRAHAM, 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 3(c)(1) Florida Constitution, do hereby proclaim as
follows:

Section 1
That the Legislature is convened in this extended special
session for the sole purpose of considering the matters described
in paragraphs 1(a) through (h), 2 and 7 of Section 2 of the
Proclamation dated November 21, 1979, as amended.

Section 2
Except as amended by this Proclamation and the Proclama-
tions dated November 27, 1979, November 28, 1979, November
28, 1979 and November 30, 1979, the Proclamation of the
Governor dated November 21, 1979 is ratified and confirmed.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed at Tallahassee, the Capitol,
this 30th day of November, 1979.

BOB GRAHAM
Governor

ATTEST:
GEORGE FIRESTONE
Secretary of State

Messages from the Senate



The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has refused to concur in House Amendments to
CS for SJR 25-C and requests the House to recede. In the
event the House refuses to recede the Senate requests the
appointment of a conference committee of 7 members. The
President has appointed Senators Gordon, Myers, Ware, W. D.
Childers, Vogt, Hair and Scott as the Conferees on the part
of the Senate on CS for SJR 25-C.
Joe Brown, Secretary

The Speaker appointed Representatives Pajcic, Bell, Haben,
Margolis, Morgan, Easley, and Kiser as the conferees on the
part of the House on CS for SJR 25-C.

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed HB 17-C.
Joe Brown, Secretary
The bill was ordered enrolled.



November 30,:. 1979



57








58 JOURNAL OF THE HOUSE OF REPRESENTATIVES November 30, 1979

The Honorable J. Hyatt Brown, Speaker Record Votes
I am directed to inform the House of Representatives that Representative Hector:
the Senate has concurred in House Amendments to Senate Yea-HB 31-C
Amendments and passed HB 16-C, as further amended.
Joe Brown, Secretary Representative Gallagher:
Yea-HB 16-C
The bill was ordered enrolled after engrossment.
Co-sponsors
The Honorable J. Hyatt Brown, Speaker HB 10-C-Dyer
I am directed to inform the House of Representatives that
the Senate has concurred in House Amendments and passed Recess
SB 11-C, as amended. The House recessed at 4:32 p.m. to reconvene at 11:00 a.m.,
Joe Brown, Secretary Monday, December 3.















W tle JouralOF THE


VHouse of Jpreseqtatives


SPECIAL SESSION



Monday, December 3, 1979



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



The following Members were recorded present:



Flynn
Fontana
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kershaw



Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Malloy
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Ogden
O'Malley
Pajcic
Patchett



Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Excused: Representative Flinn, to attend Legis/50 Conference
in Atlanta; Representatives Evans, Gordon, Gustafson, Hodes,
D. L. Jones, Lehman, Nuckolls; Representatives Batchelor,
Lockward, Reynolds, due to illness.

A quorum was present.

Prayer

Prayer was offered by Representative Samuel P. Bell, III.



Messages from the Senate
The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has accepted the Conference Committee Report as
an entirety and passed SB 18-C as amended by the Conference
Committee Report.
Joe Brown, Secretary

On motion by Mr. Martin, agreed to by the required Consti-
tutional two-thirds vote of the membership, the Report of the
Conference Committee on SB 18-C was taken up, being outside
the Call for this extended Special Session. The vote was:

Yeas-86



The Chair
Allen
Barrett
Beard
Bell
Boles
Burnsed
Burrall
Bush
Campbell
Carpenter
Conway
Cox
Crawford
Danson
Davis
Dunbar
Dyer
Easley
Eckhart
Ewing
Flynn



Fontana
Foster
Fox
Gardner
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodges
Jennings
Johnson, R. C.
Jones, C. F.
Kelly
Kershaw
Kirkwood
Kiser
Kutun



Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
O'Malley
Pajcic
Patchett



Patterson
Plummer
Ready
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Upchurch
Ward
Watt
Weinstock
Young



Nays-None
Votes after roll call:
Yeas-Price

Conference Committee Report on SB 18-C



The Honorable Philip D. Lewis
President of the Senate



November 30, 1979



The Members pledged allegiance to the Flag.

The Journal

The Journal of November 30 was corrected and approved as
follows: On page 51, column 1, line 22 from top, strike "as" and
insert "at"; in same column, line 14 from bottom, strike "No"
and insert "Not"; on page 52, column 1, line 15 from top, after
"county" insert "or municipality, may, upon approval of a
majority"; in same column, line 17 from top, strike "of" and
insert "if"; on page 53, column 1, line 26 from bottom, after
"aggregate" insert "of"
59



The Honorable J. Hyatt Brown
Speaker, House of Representatives
Dear Sirs:
Your Conference Committee on the disagreeing votes of the
two Houses on the House amendments to Senate Bill 18-C same
being:
An act relating to governmental auditing; amending s. 11.45
(1)-(4), (8), Florida Statutes, as amended; providing defini-
tions; replacing references to postaudits with references to
financial audits; providing for establishment of an auditor
selection committee in noncharter counties and providing



The Chair
Allen
Bankhead
Barrett
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Ewing



Pledge








JOURNAL OF THE HOUSE OF REPRESENTATIVES



duties thereof with respect to selection of qualified auditors
to audit county agencies; creating the County Government
Audit Trust Fund in the Department of Banking and Finance;
providing circumstances for reimbursement of county agencies
for certain costs of auditing; providing an appropriation;
providing an effective date.
having met, and after full and free conference, have agreed to
recommend and do recommend to their respective Houses, as
follows:
1. That the House recede from its amendments 1 and 2.
2. That the Senate and the House of Representatives adopt
the Conference Committee amendments attached hereto,
and by reference made a part of this report.
Sidney Martin, Chairman Edgar M. Dunn, Jr.
Tom Gustafson Harry A. Johnston, II
John L. Mica George Stuart, Jr.



Managers on the part of the
House of Representatives



Managers on the part of the
Senate



Statement of substantial changes by Conference Committee-
SB 18-C
1-Modified the competitive negotiation procedure for the
selection of county auditors.
2-Modified the distribution of $6.7 million for reimburse-
ments to counties.

Conference Committee Amendment 1-Strike everything after
the enacting clause and insert:
Section 1. Subsections (1), (2), (3), (4), and (8) of sec-
tion 11.45, Florida Statutes, as amended by chapter 79-183,
Laws of Florida, are amended to read:
11.45 Definitions; duties; audits; reports.-
(1) As used in this section he following word and phreaes
have the- following meaning leso e different meaning 4e
required by the eentegEt
(a) "Performance audit" means an examination of the ef-
fectiveness of administration and its efficiency and adequacy
in terms of the program of the state agency authorized by law
to be performed.
(b) "Political subdivision" means a separate agency or
unit of :local government created or established by law and
includes, but is not limited to, the following and the officers
thereof: authority, board, branch, bureau, city, commission,
consolidated government, county, department, district, institu-
tion, metropolitan government, municipality, office, officer,
public corporation, town, or village.
(c) "Financial audit" means an examination of financial
statements in order to express an opinion on the fairness with
which they present financial position, results of operations,
and changes in financial position in conformity with generally
accepted government accounting principles and an examination to
determine whether operations are properly conducted in accord-
ance with legal and regulatory requirements. "Poetaudit'
means an audit made. at so me point frf the completion ef
a tr=n-action ore g eo f transaetieon.
(d) "State agency" means a separate agency or unit of
state government created or established by law and includes,
but is not limited to, the following and the officers thereof:
authority, board, branch, bureau, commission, department,
division, institution, office, officer, or public corporation, as
the case may be, except any such agency or unit within the
legislative branch of state government.
(e) "County agency," for the exclusive purposes of this
section, means a board of county commissioners or other
legislative and governing body of a county however styled,
including that of a consolidated or metropolitan government,
a Clerk of the Circuit Court, a separate or ex officio clerk
of the county court, a sheriff, a property appraiser, a tax
collector, a supervisor of elections, or any and other officer
effieere in whom any portion of the fiscal duties of the above



are may under law be separately placed f-em time e time.
Each county agency is a local governmental entity for purposes
of subparagraph (3)(a)3.

(2) The Auditor General shall make financial audits pest-
ad-its and performance audits of public records and perform
related duties as prescribed by law or concurrent resolution of
the Legislature. He shall perform his duties independently but
under the general policies established by the Legislative Audit-
ing Committee.
(3) (a)1. The Auditor General shall annually make financial
audits pectauditQ and performance audits of the accounts and
records of all state agencies, as defined in this section, and
make financial audits postaud4its of the accounts and records
of all district school boards and district boards of trustees
of community colleges; as defined in this eestion.

2. The Auditor General may at any time make financial
audits pectaudits and performance audits of the accounts and
records of all governmental entities created pursuant to law.
The peAtaudits and performanee audits referred to in this
subparagraph shall be made whenever determined by the
Auditor General, whenever directed by the Legislative Auditing
Committee, or whenever otherwise required by law or con-
current resolution.
3. Each local governmental entity created pursuant to law,
for which entity a financial audit potes dit was not performed
pursuant to subparagraph 1. or subparagraph 2., except a
municipality with an annual budget of less than $100,000, shall
require that an annual financial audit peotau4it of its accounts
and records be completed, within 6 months after the end of its
respective fiscal year, by an independent certified public
accountant retained by it and paid from its public funds. The
county audit shall be a single report. The governing body of a
county shall be responsible for selecting an independent certi-
fied public accountant to audit the county agencies of the
county according to the following procedure:
a. In each noncharter county, an Auditor Selection Commit-
tee shall be established consisting of the county officers elected
pursuant to Article VIII, section 1(d), Florida Constitution, and
one member of the Board of County Commissioners or its de-
signee. :.
b. The committee shall publicly announce, in a uniform
and consistent manner, each occasion when auditing services
are required to be purchased. Public notice shall include a gen-
eral description of the audit and shall indicate how interested
certified public accountants can apply for consideration.:-.-
c. The committee shall encourage firms engaged in the law-
ful practice of public accounting who desire to provide pro-
fessional services to submit annually a statement of qualifica-
tions and performance data.
d. Any certified public accountant desiring to provide audit-
ing services must first be qualified pursuant to law. The com-
mittee shall make a finding that the firm .or individual to be
employed is fully qualified to render the required service.
Among the factors to be considered in making this finding are
the capabilities, adequacy of personnel, past record, and experi-



adequacy of personnel, past record and experience, and such
other factors as may be determined by the committee to .be
applicable to its particular requirements.
f. The public shall not be excluded from the proceedings
under this subparagraph.

g. The committee shall evaluate current statements of quali-
fications and performance data on file with the committee, to-
gether with those that may be submitted by other firms regard-
ing the proposed audit and shall conduct discussions with, and
may require public presentations by, no less than three firms,
regarding their qualifications, approach to the audit, and abil-
ity to furnish the required service.



h. The committee shall select no less than three firms deemed
to be most highly qualified to perform the required services
after considering such factors as the ability of professional per-



60



December 3, 1979








JOURNAL OF THE HOUSI



soninel, past performance, willingness to meet time and budget
requirements, location, recent, current, and projected work loads
,of the firms, and the volume of work previously awarded to
the firm by the agency, with the object of effecting an equitable
distribution of contracts among qualified firms, provided such
distribution does not violate the principle of selection of the
most highly qualified firms. If less than three firms desire to
perform the services, the committee shall recommend such firms
as it determines to be qualified.
i. Nothing in this subparagraph shall be construed to pro-
hibit contracts for a period in excess of 1 year.
j. The Board of County Commissioners shall simultaneously
negotiate with the recommended firms for auditing services
at compensation which the board determines is fair, com-
petitive, and reasonable. The board shall also negotiate on
the scope and quality of services. In making such determination
the board shall conduct a detailed analysis of the cost of the
professional services required in addition to considering their
scope and complexity. For contracts over $50,000, the board
shall require the firm receiving the award to execute a truth-
in-negotiation certificate stating that the rates of compen-
sation and other factual unit costs supporting the compensa-
tion are accurate, complete, and current at the time of con-
tracting. Such certificate shall also contain a description and
disclosure of any understanding that places a limit on cur-
rent or future years' audit contract fees, including any ar-
rangements under which fixed limits on fees will not be sub-
ject to reconsideration if unexpected accounting or auditing
issues are encountered. Such certificate shall also contain a
description of any services rendered by the certified public
accountant or firm of certified public accountants at rates or
terms that are not customary. Any auditing service contract
under which such a certificate is required shall contain a
provision that the original contract price and any additions
thereto shall be adjusted to exclude any significant sums by
which the board determines the contract, price was increased due
to inaccurate or incomplete factual unit costs. All such con-
tract adjustments shall be made within "1 year following the
end of the contract. This subsubparagraph shall apply to
audits covering the 1978-1979 fiscal year, and the procedure
in this subsubparagraph may be used by any county for sub-
sequent audits.
k. Should the board be unable to negotiate a satisfactory
contract with any of the selected firms, the committee shall
select additional firms and the board shall continue negotiations
in accordance with this subsection until an agreement is reached.
1. At the conclusion of the audit field work, the inde-
pendent certified public accountant shall discuss with the head
of each county agency and the chairman of the board of
county commissioners or his designee, all of the auditor's
comments which will be included in the report containing the
auditor's comments for th thareas ithin their responsibility.
If the officer is not available to discuss the auditor's com-
ments, their discussion is presumed when the comments are
delivered in writing to his office.
m. The officer's written statement of explanation or re-
buttal concerning the auditor's comments, including correc-
tive action to be taken, shall be filed with the governing body
of the county and with the Auditor General within 20 days


of Accountancy, shall adopt rules for the form and conduct of
county audits. ..
o. If there is a conflict between this subparagraph and
s. 478.317, this subparagraph shall prevail.
4. Any financial audit hesteaud4f required to be performed
under subparagraph 3. shall be submitted to the Auditor Gen-
eral no later than 7 months after the end of the fiscal year
of the governmental entity. If the Auditor General does not
receive the financial audit oete4rdit within such period, he

shall notify the Legislative Auditing Committee that such gov-
ernmental entity has not complied with this subparagraph.
Following notification of failure to submit the required audits,
the Legislative Auditing Committee may:



a In the case of a city or county, notify the Department
of Revenue and the Department of Banking and Finance that
the local unit of government has failed to comply. Upon noti-
fication, the department shall withhold -any funds payable to



December 3, 1979



the involved state agency or state officer. Thereafter, and in
no event later than the 10th day of the next succeeding legisla-
tive session, the person in charge of the involved state agency,
or the involved state officer, as the case may be, shall explain
in writing to the chairmen of the said respective legislative
committees and to the Legislative Auditing Committee the rea-



OF REPRESENTATIVES 81

such governmental entity until the required financial audit
ps.taud4i4 is received by the Auditor General.
b. In the case of a special district, notify the Department of
Community Affairs that the special district has failed to pro-
vide the required audits. Upon notification, the department
shall proceed pursuant to ss. 189.008 and 189.009.
5. The Auditor General, in consultation with the Board of
Accountancy, shall review all audits completed for local units
of government by an independent certified public accountant.
(b) The Legislative Auditing Committee may authorize and
direct the Auditor General to make a financial audit 9^rIta!d4t
;the ffairrs of any municipality or independent agency or au-
thority of any municipality within the state, and the committee
-shall direct him to make such audit seit *d4t whenever pe-
titioned to do so by at least 20 percent of the electors of any
municipality. The supervisor of elections of the county in
which the municipality is located shall certify whether or not
the petition contains the signatures of at least 20 percent of
the electors of the municipality. The expenses of such audit
pestadit shall be paid by the eai4 municipality and, in the
event the municipality fails to pay the cost of the audit, the
Department of Revenue shall, upon certification of the Auditor
General, withhold from that portion of the municipal financial
assistance trust fund for municipalities which is derived from
the cigarette tax imposed under chapter 210, and which is
distributable to said municipality, a sum sufficient to pay the
cost of the audit, and shall deposit said sum in the General
Revenue Fund of the state.
(c) The Auditor General shall exercise any power and duty
which by any law, general or otherwise, is now vested in
the state auditor or the legislative auditor. The Auditor General
shall make an annual financial audit scta dit of accounts
and records of any other public body or political subdivision
when required by law or concurrent resolution to do so.
(d) The Auditor General shall at least every 2 years make
a performance audit of the local government financial re-
porting system required by this subsection; ss. 23.0115, 165.091,
and 189.001-189.009; and part VII of chapter 112 and part III
,of chapter 218. The performance audit shall analyze each
component of the reporting system separately and analyze the
reporting system as a whole. The purpose of such an audit
aud4ts is to determine the efficiency and effectiveness of the
reporting system in monitoring and evaluating the financial
conditions of local governments and to make recommendations
to the local governments, the Governor, and the Legislature as
to how the reporting system can be improved and how program
costs can be reduced.
(4) Each pueh audit required or authorized by this section,
when practicable, shall be made and completed within not more
than 12 months following the end of each fiscal year of the
state agency or political subdivision, if an annual audit, or at
such lesser time which may be provided by law or concurrent
resolution or directed by the Legislative Auditing Committee.
When the Auditor General is required by law to make a
financial audit aestaudit of the whole or a portion of a fiscal
year of a political subdivision and his current workload of
audits of state agencies and political subdivisions is so great
that it is not practicable within the required time to perform
such audit posta dit and also to make financial audits of
petaud4it that political subdivision as to any other period not
previously audited postau+dited by him, then in his discretion he
may temporarily or indefinitely postpone his audits aet=audit
of such other period or any portion thereof unless otherwise
directed by the committee.
(8) If the Auditor General discovers any errors, unusual
practices, or any other discrepancies in connection with his
audits adit e peetau+idit of a state agency or state officer, the
Auditor General shall, as soon as practicable, notify in writing
the President of the Senate and the Speaker of the House of
Representatives, respectively, who, in turn, shall promptly there-
after forward a copy thereof to the chairmen of the respective
legislative committees, which in the judgment of the President
of the Senate and the Speaker of the House of Representatives,
respectively, are substantially concerned with the functions of








JOURNAL OF THE HOUSE OF REPRESENTATIVES



sons or justifications for such errors, unusual practices, or dis-
crepancies and the corrective measures, if any, taken by the
agency.
Section 2. There is hereby created in the Department of
Community Affairs the County Government Audit Trust Fund
for the purpose of reimbursing counties for costs incurred in
having audits required by s. 11.45, Florida Statutes, made by
independent certified public accountants with respect to the
1978-1979 fiscal year. Any county which desires such reim-
bursement shall apply therefore to the Department of Commu-
nity Affairs on forms furnished by the department, including
certification of audit costs, no later than September 30, 1980,
and the Secretary of the department shall, no later than No-
vember 30, 1980, issue a warrant to reimburse such county from
such trust fund for any reasonable costs properly connected
with the making of such audit. If the total cost of all county
audits certified to the Department of Community Affairs ex-
ceeds the amount deposited in the County Government Audit
Trust Fund, the distribution to each county shall be reduced by
the same percentage as the total cost for all county audits
exceeds the total appropriation. This section is repealed on
September 30, 1981.
Section 3. All agencies, other than state agencies as defined
herein, and all district school boards and district boards of
trustees of community colleges shall have the power to have a
performance audit or financial audit of their accounts and rec-
ords by an independent certified public accountant retained by
them and paid from their public funds.
Section 4. Paragraph (b) of subsection (1) of section 218.32,
Florida Statutes, is amended to read:
218.32 Financial reporting; units of local government.-
(1)
(b) Each unit of local government shall submit a copy of a
financial report covering its operations during the preceding
fiscal year within 180 days after the close of the fiscal year.
The financial report shall be consistent with the standards es-
tablished by the United States Bureau of the Census and shall
contain such information and be in such form as may be re-
quired by the department to adequately assess the financial
conditions of the unit of local government. The information in
the financial report submitted to the department shel eaeept
ee mui4p-al.4tie- with en an l budgets e4 less than $100,000,
shall be completed by the chief financial officer of the unit
of local government or by a certified public accountant re-
tained by the unit of local government and paid from its
public funds. The chief financial officer or the certified public
accountant shall review the financial information contained
within the report and report any material differences to the
department eer-tify that the r-epet has been eempleted in ee--
eer-danee with instiaetioins provided by the department end
is p-reoeed fem the -ndited financial statements requireed by

Section 5. The financial audit, required by s. 11.45(3) (a)3.,
Florida Statutes, to be performed by counties for the 1978-1979
fiscal year shall be submitted to the Auditor General no later
than September 30, 1980.
Section 6. The procedures under s. 11.45(3) (a)3.a.-k., Florida
Statutes, shall not apply to audit agreements or contracts en-
tered into prior to the effective date of this act.
Section 7. The sum of $6,700,000 is hereby appropriated from
the General Revenue Fund to the County Government Audit
Trust Fund. The sum of $6,700,000 is hereby appropriated from
the County Government Audit Trust Fund to the Department of
Community Affairs for the fiscal period of July 1, 1980-June 30,
1981 for disbursement pursuant to section 2 of this act.
Section 8. The sum of $5,000 is hereby appropriated from
the General Revenue Fund to the Department of Community
Affairs for the fiscal year July 1, 1980---June 30, 1981 for the
purpose of administering this act.
Section 9. This act shall take effect upon becoming a law.



Conference Committee Amendment 2-Strike all of existing
title and insert: A bill to be entitled An act relating to govern-
mental auditing; amending s. 11.45(1)-(4), (8), Florida Stat-
utes, as amended; providing definitions; replacing references to
postaudits with references to financial audits; providing for



establishment of an auditor selection committee in noncharter
counties and providing duties thereof with respect to selection
of qualified auditors to audit county agencies; creating the
County Government Audit Trust Fund in the Department of
Community Affairs; providing circumstances for reimburse-
ment of county agencies for certain costs of auditing; amending
s. 218.32(1) (b), Florida Statutes, providing for completion and
review of the financial report; providing an appropriation; pro-
viding an effective date.

On motion by Mr. Martin, the Report of the Conference Com-
mittee on SB 18-C was accepted and adopted in its entirety.

The question recurred on the passage of SB 18-C, as amended
by the Conference Committee Report. The vote was:

Yeas-94



The Chair
Allen
Barrett
Beard
Bell
Boles
Burnsed
Burrall
Bush
Campbell
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Dunbar
Dyer
Easley
Eckhart
Ewing
Flynn



Fontana
Foster
Fox
Gardner
Girardeau
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodges
Hollingsworth
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kershaw
Kirkwood
Kiser



Kutun
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
O'Malley
Pajcic
Patchett
Patterson



Plummer
Price
Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Smith, J. H.
Smith, L. J.
Thomas
Thompson
Upchurch
Ward
Watt
Weinstock
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Carlton, Healey, Ogden, C. R. Smith, Spaet, Gersten
So the bill passed, as amended by the Conference Committee
Report. The action of the House, together with SB 18-C and
Conference Committee Report thereon, was immediately certified
to the Senate.

The Honorable J. Hyatt Brown, 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 with
amendments HB 31-C, and requests the concurrence of the
House.
Joe Brown, Secretary

On motion by Mr. C. F. Jones, agreed to by the required Con-
stitutional two-thirds vote of the membership, HB 31-C was
taken up, being outside the Call for this extended Special Ses-
sion. The vote was:

Yeas-94



The Chair
Allen
Barrett
Beard
Bell
Boles
Burnsed
Burrall
Bush
Campbell
Carpenter
Conway
Cox



Crady
Crawford
Crotty
Danson
Davis
Dunbar
Dyer
Easley
Eckhart
Ewing
Flynn
Fontana
Foster



Fox
Gardner
Gersten
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodges



Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kershaw
Kirkwood
Kiser
Kutun
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman



62



December 3, 1979








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell



Moffitt
Morgan
Myers
Nergard
O'Malley
Paicic
Patchett
Patterson
Plummer
Price
Ready



Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, J. H.
Smith, L. J.



Spaet
Thompson
Upchurch
Ward
Watt
Weinstock
Williams
Woodruff
Young



Nays-None

By Representative C. F. Jones and others-
HB 31-C-A bill to be entitled An act relating to the Florida
Transportation Code; adding subsections (3) and (4) to s.
337.34, Florida Statutes, providing legislative intent; authoriz-
ing the Department of Transportation to utilize certain funds
for the Accelerated Construction of Interstate Program; pro-
viding for adjustments in certain contracts; providing an ef-
fective date.

Senate Amendment 1-On page 1, strike lines 25 through and
including line 31 and on page 2, strike lines 1 through and
including line 5 and insert: (a) Have released, and use funds
appropriated from General Revenue for the 1979 Special Ap-
propriation Program, as appropriated in item 7D, Section 8,
Chapter 79-212, Laws of Florida, prior to utilization of funds
appropriated from the ACI Revolving Trust Fund also for the
1979 Special Appropriation Program.
(b) Maximize interstate contractural letting by utilizing on
a cash basis any remaining balance in the ACI Revolving Trust
Fund.

Senate Amendment 1-A to Senate Amendment 1-On page 1,
line 8, insert after the word "cash": flow

Senate Amendment 2-On page 1 in the title, strike all of
line 8

On motions by Mr. Jones, the House concurred in Senate
Amendments 1, 1-A, and 2. The question recurred on the
passage of HB 31-C. The vote was:

Yeas-89



Allen
Barrett
Beard
Bell
Boles
Burnsed
Burrall
Bush
Campbell
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Dunbar
Dyer
Easley
Eckhart
Ewing
Flynn



Fontana
Foster
Fox
Gardner
Gersten
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hector
Hieber
Hodges
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kershaw
Kirkwood
Kiser
Kutun



Lewis, J. W.
Lewis, T. F.
Liberti
Mann
Margolis
Martin
Martinez
McCall
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
O'Malley
Paicic
Patchett
Patterson
Plummer
Price



Ready
Richmond
Robinson
Rosen
Ryals
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, L. J.
Spaet
Thompson
Upchurch
Ward
Watt
Weinstock
Williams
Woodruff
Young



Nays-1
McPherson
Votes after roll call:
Yeas-Carlton, Girardeau, Healey, Hollingsworth, Ogden,
C. R. Smith, J. H. Smith
So the bill passed, as amended by Senate amendments. The
action was certified to the Senate and the bill was ordered
enrolled after engrossment.



MR. MOFFITT IN THE CHAIR

Report
Mr. Pajcic, Chairman of the Committee on Finance & Taxa-
tion, reported to the House on taxation proposals espoused by
the Senate, the House, and the Governor, and on the progress
of the Conference Committee on these proposals.

Recess
On motion by Mr. Haben, the House recessed at 12:27 p.m.,
to reconvene at 4:00 p.m. today.

Reconvened
The House was called to order by the Speaker at 4:00 p.m.
A quorum was present.

Committee Meeting Notice
The Speaker announced a meeting of the Conference Com-
mittee on CS for SJR 25-C tonight at 8:00 p.m. in Senate Room
A.

Messages from the Senate
The following message was read:
The Honorable J. 'Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has refused to concur in House Amendments to
CS for SJR 25-C and requests the House to recede. In the event
the House refuses to recede the Senate requests the appoint-
ment of a conference committee of 7 members. The President
has appointed Senators Gordon, Myers, Ware, W. D. Childers,
Vogt, Hair and Scott as the Conferees on the part of the
Senate on CS for SJR 25-C.
SJoe Brown, Secretary

The House acceded to the request of the Senate for a con-
ference committee. The Speaker announced the appointment of
Representatives Pajcic, Bell, Haben, Margolis, Morgan, Easley,
and Kiser as the conferees on the part of the House on CS for
SJR 25-C. The action of the House, together with the bill and
amendments thereto, was immediately certified to the Senate.

Recess
The House recessed at 4:20 p.m. to reconvene at 5:30 p.m.
today or upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 6:22 p.m.
A quorum was present.

Messages from the Senate

The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended CS for SB's 23-C & 24-C
and requests the concurrence of the House.
Joe Brown, Secretary

By the Committee on Ways and Means-
CS for SB's 23-C & 24-C-A bill to be entitled An act re-
lating to ad valorem taxation; amending s. 195.092, Florida Stat-
utes; providing authority for Property Appraisers to institute
actions; providing judicial remedies to compel performance of
Property Appraisers' duties; providing for initiation of suit by
the department upon roll disapproval; specifying venue; provid-



ing for interim assessment rolls under specified circumstances;
providing for confirmation of interim rolls as final rolls; pro-
viding intent; providing for review of circuit court orders by
certiorari; amending s. 236.081(4) (a), Florida Statutes; pro-
viding for computation of required local effort under the Florida



December 3, 1979



63








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Education Finance Program; amending s. 236.25(1), Florida
Statutes; providing a millage limitation for the district school
boards for 1980-1981; providing an effective date.
-was read the first time by title. On motion by Mr. Pajcic,
the rules were waived and CS for SB's 23-C & 24-C was read
the second time by title.

Representative Pajcic offered the following amendment:
Amendment 1-On page 1, line 21, strike everything after
enacting clause and insert:
Section 1. Legislative intent.--
(1) It is the legislative intent of this act to insure that the-
equalization of funding effort among school districts in the
grade, kindergarten through 12 program is not unnecessarily
reduced by unavoidable or short term imperfections in assess-
ments among the counties of the state. The Legislature recog-
nizes that just valuation of property for purposes of ad valorem
taxation is mandated by the Florida Constitution and that the
courts have ruled that this equates to fair market valuation.
The Legislature endorses this concept and intends that assess-
ments below just value shall not be tolerated. The Legislature
further recognizes that perfection in assessments between and
within counties is a goal which can be approached, and, with
the passing of time, improvements in information flows, ad-
vances in the state of assessment arts, enhanced sophistication
among the elected county property appraisers, and more effec-
tive supervision and assistance at the state level, can be at-
tained to an ever-increasing degree. However; the Legislature
also recognizes that imperfections in assessments can today be
measured with reasonable certainty and statistical reliability.
The task of making such measurements, along with that of
establishing standard measures of value, assessment guidelines,
and disapproving assessment rolls not in substantial compliance
with the requirements of law, has been logically delegated to the
Department of Revenue, whose supervisory role the courts have
recognized.
(2) While it is understood by the-Legislature that determina-
tion of fair market value is not a simple task, and that the
property appraiser is a constitutional office and as such his
assessments are to be presumed valid, nevertheless, the conse-
quences of failure to measure assessment performance and
failure to fully utilize performance measures to not only pro-
mote better performance but also remove other inequities which
derive from less than perfect assessments are too great to be
tolerated, even in the short run, and particularly in the case of
basic education funding.
(3) The Florida Education Finance Program, designed to
insure equality of funding between school districts with widely
varying tax bases, uses state dollars to supplement local taxes
such that the tax revenue per student is equal for all districts.
Historically, to the extent a county is assessed at less than just
value, the education tax burden is unfairly shifted to other-
counties, and the quality of the education system, as reflected
by total dollars per student, is reduced. The shift in tax burdens
has had the effect of punishing those counties that comply with
legal alluation requirements, and therefore acting as an impedi-
ment to the practical attainment of just valuations. It is the
legislative intent that this act eliminate such perversity in con-
flicting government programs and have the dual effect of en-
hancing uniformity in school funding and eliminating a major
obstacle to full and uniform valuation.
Section 2. Subsection (4) of section 236.081, Florida Stat-
utes, is amended to read:
236.081 Funds for operation of schools.-The annual alloca-
tion from the Florida Education Finance Program to each dis-
trict for operation of schools shall be determined as follows:
(4) .COMPUTATION OF DISTRICT REQUIRED LOCAL
EFFORT.--The amount that each district shall provide annually
toward the cost of the Florida Education Finance Program shall
be calculated as follows:
(a) Estimated and final calculations:



1. The Department of Revenue on or before July 10 shall
certify to the Commissioner of Education its most recent-
estimate of the nonexempt assessed valuation and the assess-
ment level of each school district and the state as a whole for the,
current calendar year based on the latest available data obtained



from the leal property appraiser. The commissioner, upon re-
ceipt of the data, shall calculate each district's required local ef-
fort by computing 95 percent of the district's equalized non-
exempt assessed valuation and multiplying this product by the
millage rate prescribed in that year's General Appropriations
Act.
2. The Department of Revenue shall, upon receipt of the
official final tax roll from each of the property appraisers,
certify to the commissioner the total assessed valuation of
nonexempt property in each school district, subject to the pro-
visions of paragraph (b). The Department of Revenue shall,
upon completion of its responsibilities under s. 195.096 for
each county, certify to the commissioner the assessment level
for each school district. Upon receipt of the data, the commis-
sioner shall recalculate each district's required local effort by
computing 95 percent of the equalized assessed valuation of non-
exempt property included in the final tax roll and multiply-
ing this product by the village rate prescribed in that year's
General Appropriations Act. This revised calculation shall be'
the official required local effort for that district in that fiscal
year. For the purpose of this subparagraph, the official final
tax roll shall be the tax roll on which the tax bills are com-
puted and mailed to the taxpayers.
3. In no event shall the required local effort computed
pursuant to this subsection require a levy in excess of 8.4
mills.
(b) In those instances in which:
1. There is litigation either ation either attacking the authority of
the property appraiser to include certain property on the tax
assessment roll as taxable property or contesting the assessed
value of certain property on the tax assessment roll; and
2. The assessed value of the property in contest involves
more than 10 percent of the total nonexempt assessment roll,
the assessed value of the property in contest shall be excluded
from the nonexempt assessed valuation for school purposes
for purposes of computing the district-required local effort.
(c) Following ing final adjudication of any litigation on the
basis of which an adjustment in nonexempt valuation was
made pursuant to paragraph (b), the department shall re-
compute the required local effort for each district for each
year affected by such adjustments, utilizing nonexempt valu-
ations approved by the court, and shall adjust subsequent allo-
cations to such districts accordingly.
(d) For the purposes of this chapter, the following defini-
tions shall apply:
1. "Assessment level" means the value weighted mean as-
sessment ratio for the county or state as a whole, as determined
pursuant to s. 195.096.
2. "Equalized nonexempt assessed valuation" means the
amount determined by dividing nonexempt assessed valuation
of the county by an equalization factor which factor shall be the
assessment level of the county divided by the assessment level
of the state as a whole.
3. "Additional village required for equalization" means the
number of mills levied by a district to make the required mini-
mum financial effort pursuant to s. 236.02(6) in excess of the




236.25 District school tax.-
(1) Each school board desiring to participate in the state
allocation of funds for current operation as prescribed by s.
236.081(6) shall levy no more than 8 mills of tax on the non-
exempt assessed valuation for school purposes of the district,
than t m4er exclusive of additional village required for
equalization pursuant to s. 236.081(4), and village voted under
the provisions of ss. 9(b) and 12 of Art. VII of the State
Constitution. However, exclusive of said, voted millage and
millage required to make the minimum financial effort pursuant
to s. 236.02(6) each district may levy an amount not to exceed
1.6 mills. .



Section 4. Subsections (1) and (2) of section 195.098, Flor-
ida Statutes, are amended to read:



December 3, 1979








JOURNAL OF THE HOUSE



195.098 Assessment Administration Review Commission;
hearings; judicial review.-
:(1) There is hereby created, pursuant to s. 1, Art. V of the"
State Coristitution, 1968, as amended, the -Assessment Admin-.
istration Review Commission, which shall have adjudicatory
authority to hear complaints relating to approval or disap-
proval of assessment rolls, and complaints relating to the level
of assessment in relation to just value for a county's assess-
ment roll as determined pursuant to s. 195.096. The creation of
this commission is not intended in any way to limit the juris-
diction of the. Circuit Courts of this state in litigation relating
to ad valorem taxation, except in regard to appeals from ap-
proval or disapproval of an assessment roll by the department,
or actions to force modification or require redetermination of
assessment levels for the purposes of s. 236.081(4).
(a) The Assessment Administration Review Commission
shall consist of three persons knowledgeable in any of the fol-
lowing three general areas: property tax law, determination of
property values, or statistics. Members of the commission shall
be appointed by the Governor with the consent of three mem-
bers of the cabinet, subject to approval by the Senate, and
each shall serve for a term concurrent with the Governor.
Each member shall receive compensation at the rate of $100
per day, but not more than $10,000 in any fiscal year. The
members shall not be considered full-time employees of the
state.
(b) The commission shall be authorized to employ the neces-
sary clerical staff and hearing examiners to assist it in the
performance of its duties. In addition, the commission shall
engage a person to :act as law officer of its hearings who shall
have those qualifications set for the office of circuit judge by
s. 8, Art. V of the State Constitution of 1968, as amended. Such
law officer shall preside over all hearings of the commission,
make all necessary rulings of law, and prepare the final order
of the commission pursuant to its findings of facts.
(c) The commission is authorized to establish rules for its
operations and for the conduct of its hearings. The law officer
shall have the power to issue notices of hearings and subpoenas
requiring the attendance of witnesses and the production of
evidence, administer oaths, and take testimony as may be neces-
sary to carry out the duties and responsibilities of the commis-
sion.
(2) Upon approval or disapproval of all or any part of any
roll of any county, as provided for in subsection 193.114(5)
or subsection 193.114 (6), an appeal may be filed with the com-
mission. Said 2he appeal shall be filed within 20 days of the
issuance of the rule of the executive director approving or
disapproving all or any part of a county assessment roll. Upon
the determination or projection of a county's assessment level.
pursuant to s. 195.096(2)(f) or (3)(b), an action may be filed
with the commission. Said action shall be filed within 20 days
of the receipt by the school board of the county assessment
level as determined by the department. Appeals or actions shall
be filed in the form and manner as prescribed by the rules of
the commission. A property appraiser may appeal a disapproval
of all or any part of any of his rolls, and the Auditor General,.
when expressly so directed by the joint legislative auditing
committee, may appeal an approval of all or any part of any
roll. A school board or the Commissioner of Education may file
an action contesting the department's determination of the level
of assessment of any county. When an appeal is taken by the
Auditor General, the executive director, joined by the ap-
propriate property appraiser, shall defend such approval. When
an action is filed regarding a county's assessment level, that
county's property appraiser may join the school board or the
commissioner in objecting to the assessment level or may join
the department in defending said level. Upon receipt by the
law officer of an appeal or an action, the law officer shall
promptly notify all proper parties of the hearing date.
(a) In a hearing reviewing the disapproval of all or any
part of an assessment roll, or contesting the level of assessment
as determined pursuant to s. 195.096, neither the determination
of the department nor the assessments of the property appraiser
shall be presumed correct, but the burden of proof shall be on
the executive director. In a hearing challenging the approval of
all or any part of an assessment roll, the burden of proof
shall, be on the Auditor General.



(b) The commission shall make findings of fact, and the
law officer shall prepare the final order of the commission,



December 3, 1979



tee, eneeutive di ee of the depremen- and the appropriate
property appraiser. T-he 4Divi4sn of Ad -leeI- pae shell
"eo-i4-te the per seal preper-ty review end for waId it' find-
legs to the phreperty .Fr's and the executive direster
ef the department e'latesr then Mareli 4? ^er any rell sub-.



OF REPRESENTATIVES 65

which oider shall'be binding uhpo-n all parties. Such order shall
be subject to review by the Supreme Court as-provided below.
Section 5. Section 195.096, Florida Statutes, is amended to
read:
195.096 Review of assessment rolls.-
(1) The assessment rolls of each county shall be subject to
review by the Division of Ad Valorem Tax.
(2) Beginning with the 1981 assessment rolls 1974, the Divi-
si6n of Ad Valorem Tax shall conduct, no less frequently than
once every 2 4 years, an in-depth review of the assessment rolls
of each county. The Division of Ad Valorem, Tax need not
individually study every use-class of property set forth in s.
195.073, but shall study the level of assessment in relation to
just value of such classifications and such other strata it deems
as -ae significant in each a per4ieula- county. However, the
classifications or strata studied- shall be structured to allow
publication of independent results for the property classes speci-
fied in subsection (3). Such in-depth review may include pro-
ceedings of the property. appraisal adjustment board.
(a) The Division of Ad Valorem Tax shall, at least 30 days
prior to the beginning of an in-depth review in any county,
notify the property appraiser in the county of the pending
review. At the request of the property appraiser, the Division
of Ad Valoreim Tax shall consult with the property appraiser
regarding the classifications and strata to be studied, in order
that the review will be useful to the property appraiser in
evaluating his procedures. ..,.
(b) Every property appraiser whose upcoming roll is subject
to an in-depth review 441 the eerrent year shall, if requested by
the department on or before January 1, deliver upon completion
of the assessment roll deliver a list of the parcel numbers of
all parcels that did not appear on the assessment roll of the
previous year, indicating the parcel number of the parent
parcel from which each new parcel was created or "cut out."
(c) In the conduct of assessment ratio studies, the Division
of Ad Valorem Tax shall utilize a statistically reliable sample
of properties in tests of each-classification, stratum, or roll made
the subject of a ratio study published by it. Computations for
the ratio studies shall use the median as the that measure of,
central tendency which most accurately reflects the true ratio
for that particular classification, stratum, or roll and shall-also
include the simple mean, value weighted mean, and other meas-
ures of central tendency, if any, deemed necessary by the divi-
sion.
(d) In the conduct of such reviews, the Division of Ad
Valoremfi Tax shall adhere to all standards to which the property
appraisers are required to adhere.
(e) The Division of! Ad Valorem Tax and each property
appraiser shall cooperate in the conduct of such reviews, and
each shall make available to the other all matters and records
bearing oil the preparation and computation of such reviews.
The property appraisers shall provide any and all data request-
ed by the Division of Ad Valorem Tax in the conduct of such
studies, including electronic data processing tapes. Direct re-
imbursable costs of providing such data shall be borne by the
Division of Ad Valorem Tax. Copies of existing data or records,
whether maintained or required pursuant to law or rule or data
or records otherwise maintained, shall be submitted within 30
days from the date requested in the case of written or printed
information, and within 14 days from the date requested in the
case of computerized information. .....
(f) Within 120 days following the receipt of the county's
assessment roll by the executive director of the department
pursuant to subsection 193.114(5), or within 10 days of approval
of the assessment roll, whichever is later but 44* no avant
ater then .Juary -. the Division of Ad Valorem Tax shall
complete a county's review and forward its findings? eneep^
gethe wth a! e its w -opredhi gen w4ieh its f-inding
ee based, including, a. statement, of the confidence interval
for each stratum- or. classification studied and for the roll as .a
whole, employing a 95 percent, level of confidence, and.related
statistical and analytical details,. to ..the Senate .Ways and
Means Committee. the House Finance and Taxation Commit-








66 JOURNAL OF THE HOUSE

m4tted to the department feP approval aefte December 2-
end upon goee eeaee shewv the eneeu tite dieete r 4 the de-
peiment may gamt the DPisie'en f4 Ad Vaelerem T an en-
tension 4 149 daye roinm the sbmiesion date 4 the sell in
wi4eh to e mplete its review
(3) (a) No later than November 1 of each year, the Division
of Ad Valorem Tax shall publish the results of reviews con-
ducted pursuant to this section. Said results shall include all
statistical and analytical measures computed pursuant to this
section for the real property assessment roll as a whole, the
personal property assessment roll as a whole, and independently
for the following real property classes:
1. Single-family, condominium, cooperative, mobile home, and
other owner-occupied residential.
2. Residential income property.
3. Agricultural and other use-valued property.
4. Vacant lots.
5. Nonagricultural acreage and other undeveloped parcels.
6. Institutional and governmental property.
7. Improved commercial property.
8. Improved industrial, utility, locally assessed railroad, oil,
gas and mineral lands, subsurface rights, and other real prop-
erty.
The division shall also publish such results for any subgroup-
ings of the above classes or assessment rolls it may have chosen
to study. For each improved subgrouping or property class and
for the real property roll as a whole, the division shall also
publish separate assessment ratio statistics for land valuations
and for improvement valuations.
(b) When necessary for compliance with s. 236.081(4)(a)1.,
and for those counties not being studied in the current year,
the Division of Ad Valorem Tax shall project value weighted
mean levels of assessment for each county seo net oubjeet
to an in- dpth review in the eusreent yea. The Division of
Ad Valorem Tax shall make its projection based upon the best
information available- utilizing professionally accepted method-
ology, and shall separately allocate changes in total assessed
value to:
1. New construction, additions and deletions.
2. Changes in the value of the dollar.
3. Changes in the market value of property other than
those attributable to changes in the value of the dollar.
4. Changes in the level of assessment.
In lieu of the statistical and analytical measures published
pursuant to paragraph (a), the department shall publish de-
tails concerning the computation of estimated assessment levels
and the allocation of changes in assessed value for those
counties not subject to an in-depth review. The prejeetions eae
eegnized to bee eily a4d shall et m e ued
ea t-e t e ba-iS legal admiitratv e
(4) It is declared to be the legislative intent that approval
of the rolls by the department pursuant to subsection 193.114(5)
and certification by the property appraisal adjustment board
pursuant to subsection 193.122(1) shall not be deemed to im-
pugn the use of postcertification reviews to require adjust-
ments in the preparation of succeeding assessment rolls to
insure that such succeeding assessment rolls do meet the con-
stitutional mandates of just value.
(5) It is the legislative intent that the Division of Ad
Valorem Tax utilize to the fullest extent practicable objective
measures of market value in the conduct of reviews pursuant
to this section.



(6) Reviews conducted pursuant to this section shall in-
clude an evaluation of whether all assessable property is being
placed on the rolls, whether exempt values determined by the
appraiser pursuant to any applicable provision of chapter 196
are correct, and whether agricultural classifications were
granted in accordance with law.
(7)(a)--4 The Auditor General shall have the responsi-
bility to perform financial postaudits and performance audits



I



action necessary. No later than May 1, the executive director
shall notify the property appraiser, in writing, as to whether
he is in substantial compliance with the order. In the event
that the executive director determines that the property ap-
praiser is not in substantial compliance at that time, he shall
send to the property appraiser and the governing body of each



.1 qw 01% .



E OF REPRESENTATIVES December 3, 1979

of the administration of ad valorem tax laws by the department
and prgramn pursuant to the general authority granted in
chapter 11. Such performance audits shall be conducted no less
frequently than once every 3 years. A performance audit of
the Ad Valorem Tax Division shall be submitted to the Legis-
lature no later than January 1, 1981.
(b) Within 90 days of the issuance of a performance audit
of the division, the division shall respond in writing to the
Legislature regarding any criticisms or suggestions contained
therein.
(8)-({C- Chapter 120 shall not apply to this section.
Section 6. Section 195.097, Florida Statutes, is amended
to read:
195.097 Postaudit notification of defects review e4 e1Se;
supervision by the department.-
(1) Upon evaluation of any reviews, studies, or the find-
ings of the Division of Ad Valorem Tax, aed pen the inde-
pendent etdy e4 his otaff, the executive director of the depart-
ment shall evaluate the aseseament Fello 4 el a eenties and
shall issue a notice to any property appraiser who he has
determined has one or more classes or other strata of property
listed on the assessment rolls in a manner inconsistent with
the requirements of law, or is otherwise not assessing in ac-
cordance with law. The executive director shall specify in his
notice the classes or strata of property that have been im-
properly assessed on the prior year's roll, the nature of the
defect or defects, and the requirements of the department to
obtain approval of the current year's assessment roll. Such
notice shall be provided to the property appraiser no later than
November 15 Januasy -14.
(2) Within 15 days after receipt of a notice, but no later
than December 1 Febeary -, the property appraiser shall
either notify the executive director in writing of his intention
to comply or request an immediate conference with the execu-
tive director for the purpose of attempting to resolve differ
ences between himself and the executive director. Such con-
ference shall be held no later than December 15 Febr:a -y 14.
At the conclusion of such conference, but no later than January
1 Mapeh 4-, the executive director shall issue his administrative
order, which order shall incorporate the remedial steps, if
any, to be taken by the property appraiser to insure that
all property on his rolls is assessed at just value. An ad-
ministrative order shall also be issued in the case of a prop-
erty appraiser who has stated his intention to comply. he
deopazmen* mayq with sespeet to the pereseel pe peey assess-
ment reol amend its aee rh erde4r eiees to M"eeh 45 in these
eeonties i* which the enditei general has ed4ted the >in4e
y pme' nal opery a esoment ol
(3) Upon receipt of an administrative order issued pur-
suant to this section, but not later than January 15, the prop-
erty appraiser shall notify the department of his intent to com-
ply with said order, or of the basis for his intended noncom-
pliance. Upon receipt of a notice of intended noncompliance,
the department shall take such action as it deems necessary
pursuant to s. 195.092.
(4)4-. Upon the issuance of the administrative order, the
Division of Ad Valorem Tax depeement shall commence con-
tinuing supervision of the preparation of the current rolls
to insure that every reasonable effort is being taken by the
property appraiser to comply with the order. Supervision may
include, but shall not be limited to, the conduct of ratio or
other mass data studies on the roll being prepared7, on-site
inspection of the property appraiser's office or field oper-
ations, and interviews with the property appraiser's person-
nel or consultants. The executive director may require the
property appraiser to certify in writing the specific steps
taken to comply with the administrative order. During such
its supervision, the executive director department may seek
any judicial remedy available to him it under law to force
compliance with his its order, and may request removal of
the property appraiser by the Governor when he it deems such









JOURNAL OF THE HOUSI



tax-levying agency in the county a notice of intent to disap-
prove the tax roll in whole or in part.
(5) The dates specified in this section shall be extended if
the date for completion of the prior year's roll was extended
pursuant to s. 193.023(1), or records or data requested in
writing pursuant to s. 195.096(2) (e) were not submitted with-
in the time allowed by law. The length of extension of dates
specified in this section shall be equal to the number of days
the date for completion of the rolls was extended, or the num-
ber of days from the time said data or records were required
by law to be submitted until the time received by the depart-
ment.
(6)+4)- Chapter 120 shall not apply to this section.
Section 7. Subsection (5) of s. 195.027, Florida Statutes,
as amended by chapter 79-334, Laws of Florida, is amended to
read:
(5) The rules and regulations shall prescribe an infor-
mation form that will provide the property appraiser with ade-
quate data on the transfer of interests in real property to
enable him to evaluate the transfer, its terms, and consider-
ation. Said data shall consist of a certified statement that
there were no unusual closing costs or financing terms; or if
there were such unusual costs or terms, said costs and terms
shall be disclosed on the form. The clerk of the circuit court
shall require at the time of recording of conveyances in real
property either a properly executed information form or a
copy of the closing statement in lieu thereof, provided that
said statement shall contain no less information than that re-
quired on the form. Either the buyer or the seller or the agent
of either shall complete the information form or supply the
closing statement and certify that the form or statement is
accurate to the best of his knowledge and belief. The infor-
mation form or closing statement shall be confidential in the
hands of all persons after delivery to the clerk, provided that
the Department of Revenue and the Auditor General shall have
access to such in the execution of their official duties. The
information form or closing statement may be used in any
judicial proceeding, upon a motion to produce duly made by
any party to such proceedings. Failure of the clerk to obtain
an information form or closing statement with the recording
shall not impair the validity of the recording or the con-
veyance. The form shall provide for a notation by the clerk
indicating the book and page number of the conveyance in
the official record books of the county. The clerk shall
promptly deliver all information forms and closing statements
received by him to the property appraiser for his custody and
use.
Section 8. Section 193.1145, Florida Statutes, is created to
read:
193.1145 Preparation of interim assessment rolls.-
(1) It is the intent of the Legislature that no undue re-
straint shall be placed on the ability of local government to
finance its activities in a timely and orderly fashion, and,
further, that just and uniform valuations for all parcels shall
not be frustrated if the attainment of such valuations necessi-
tates delaying a final determination of assessments beyond
July 1. Toward these ends, the Legislature hereby provides a
method for levying and collecting ad valorem taxes which shall
be used if:
(a) An action filed pursuant to s. 195.092 or an action filed
by the property appraiser regarding an order issued pursuant
to s. 195.097 has delayed completion of assessments by the
property appraiser beyond July 1.
(b) The date for completion of a county's assessment roll
has been extended beyond July pursuant to s. 193.023(1);
or
(c) All or part of the assessment roll of a county is dis-
approved pursuant to s. 193.114(6).
However, if it is determined by a hearing officer or a court
of competent jurisdiction or by the executive director that the
delay in the final determination of assessments will be minimal,
these interim assessment roll provisions may be waived.



(2) (a) When one of the conditions listed under subsection
(1) exists, the property appraiser shall prepare and extend
taxes against an interim assessment roll meeting the provisions
of s. 193.114, except that:



December 3, 1979



(d) However, a hearing officer or a court of competent
jurisdiction, upon a determination that the amount to be sup-
plementally billed and refunded is insufficient to warrant a sep-
arate billing or that the length of time until the next regular
issuance of ad valorem tax bills is similarly insufficient, may
authorize the tax collector to withhold issuance of supplemental



OF REPRESENTATIVES 67

1. The valuations shown thereon shall be those of the initial
roll submitted to the department, in the event all or part of
the assessment roll has been disapproved; or
2. The valuations shown thereon shall be the most recently
determined valuations for real property assessed on the prior
year's roll and current year valuations for new parcels, new
construction and personal property, in the event the date for
completion of the roll has been extended; or
3. The valuations shown thereon shall be those shown on the
prior year's roll, in the event that more recent valuations are
unavailable.
(b) The extension of taxes shall occur within 60 days of
disapproval of all or part of the assessment roll, or by Sep-
tember 15, whichever occurs later.
(3) Upon authorization to prepare an interim assessment
roll, the property appraiser shall so advise the taxing units
within his jurisdiction. The units shall levy provisional millage
rates based upon valuations shown on the interim assessment
roll and shall certify said rates to the property appraiser.
(4) All provisions of law applicable to millage rates and
limitations thereon shall apply to provisional millage rates,
except as otherwise provided in this section.
(5) Upon extension, the property appraiser shall certify the
interim assessment roll to the tax collector, and shall notify the
tax collector and the clerk of the circuit court that such roll is
provisional and that ultimate tax liability on the property is
subject to a final determination. The tax collector and the clerk
of the circuit court shall be responsible for posting notices to
this effect in conspicuous places within their respective offices.
The property appraiser shall insure that such notice appears
conspicuously on the printed interim roll.
(6) The tax collector shall prepare and mail provisional tax
bills to the taxpayers based upon interim assessments and pro-
visional millage rates, which bill shall be subject to all pro-
visions of law applicable to the collection and distribution of ad
valorem taxes, except as otherwise provided in this section.
These bills shall be clearly marked "provisional" and shall be
accompanied by an explanation of the possibility of a supple-
mental tax bill or refund based upon the tax roll as finally ap-
proved, pursuant to subsection (7), and shall further explain
that the total amount of taxes collected by each taxing unit shall
not be increased when the roll is finally approved.
(7) Upon approval of the assessment roll by the executive
director, and after certification of the assessment roll by the
property appraisal adjustment board pursuant to s. 193.122(2),
the property appraiser shall recompute each provisional village
rate of the taxing units within his jurisdiction such that the
total taxes levied when applying each recomputed rate against
the approved roll are equal to those of the corresponding pro-
visional rate against the interim roll. Each recomputed rate shall
be considered the official millage levy of the taxing unit for the
tax year in question. The property appraiser shall notify each
taxing unit as to the value of the recomputed or official millage
rate.
(8) (a) Upon recomputation, the property appraiser shall
extend taxes against the approved roll, and shall prepare a re-
conciliation between the interim and approved assessment rolls.
The reconciliation shall show, for each parcel, provisional taxes
levied, final taxes levied, and the difference thereof.
(b) The property appraiser shall certify said reconciliation
to the tax collector, unless otherwise authorized pursuant to
paragraph (d), which reconciliation shall contain sufficient in-
formation for the preparation of supplemental bills or refunds.
(c) Upon receipt of said reconciliation, the tax collector
shall prepare and mail to the taxpayers either supplemental
bills, due and collectible in the same manner as bills issued pur-
suant to chapter 197, or refunds in the form of county warrants.
However, no bill shall be issued or considered due and owing,
and no refund shall be authorized, if the amount thereof is
less than $5. Approval by the Department of Revenue shall not
be required for refunds made pursuant to this section.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



bills and refunds until issuance of the next year's tax bills. At
that time the amount due or the refund amount shall be added
to or subtracted from the amount of current taxes due on each
parcel. Current. tax and prior year tax or refund shall be shown
separately on the bill.
(e) Any tax bill showing supplemental taxes due or a refund
due, or any warrant issued as a refund shall be accompanied by
an explanatory notice in substantially the following form:
NOTICE OF SUPPLEMENTAL BILL
OR REFUND
OF PROPERTY TAXES
Property taxes for (year) were based upon a
temporary assessment roll, to allow time for a more accurate
determination of property values. Reassessment work has now
been completed and final tax liability for. (year)-... has
been recomputed for each taxpayer. BY LAW, THE RE-
ASSESSMENT OF PROPERTY AND RECOMPUTATION
OF TAXES WILL NOT INCREASE THE TOTAL
AMOUNT OF TAXES COLLECTED BY EACH LOCAL
GOVERNMENT.
However, if your property was relatively underassessed on the
temporary roll, you owe additional taxes. If your property
was relatively overassessed, you will receive a partial refund of
taxes. If you have questions concerning this matter, please
contact your county tax collector's office... .
"(9) Any person objecting to an interim assessment ,placed
on any property taxable to him may request an informal con-
ference with the property appraiser, .pursuant to 194.011(3)),
or may seek judicial review of the interim property assessment.
However, petitions to the property appraisal adjustment board
shall not be filed or heard with respect to interim assessments.
All provisions of law applicable -to. objections to assessments
shall apply to the final approved-assessment roll.
(10) (a) Delinquent provisional taxes on real property shall
not be subject to the delinquent tax provisions of chapter 197
until such time as the assessment roll is reconciled, supple-
mental bills are issued, and taxes on the property remain
delinquent. Provided, however, that delinquent provisional taxes
on real property shall accrue interest at an annual rate of 1.2
percent, computed in accordance with s. 197.0161. Interest
accrued on provisional taxes shall be added to the taxes, in-
terest, costs and charges due with respect to final taxes levied.
When interest begins to accrue on delinquent provisional taxes,
the property owner shall be given notice by registered mail.
(b) -Delinquent provisional taxes on personal property shall
be subject to all applicable provisions of chapter 197.
(11) A recomnputation of village rates under this section
shall not reduce or increase the total of all revenues available
from state or local sources to a school district or to a unit of
local government as defined in" part II of chapter 218. The
Department of Education shall, for the purpose of ascertaining
compliance with required local effort for a school district which
has levied millage against an interim assessment roll, treat the
interim roll as the approved final roll .for the year in question.
Notwithstanding the provisions of subsection (7), the provi-
sional millage rates levied by a multi-county taxing authority
against an interim roll shall not be recomputed, but shall be
considered the official or final tax rate for the year in ques-
tion, and the interim roll shall be considered the final roll for
said taxing authorities.
S(12) The property appraiser shall follow a reasonable and
expeditious timetable in completing a roll in compliance with
the requirements of law. In the event of noncompliance the
executive director may seek any judicial or administrative
remedy available to him under law to secure such compliance.
(13) For the purpose of this section, the terms "roll,'
"assessment roll," and "interim assessment roll" shall mean
the'rolls for real, personal and centrally assessed property.
Section 9. Section 197.012, Florida Statutes, is amended
to read:



197.012 When taxes due; discounts if paid: before certain
time.---All taxes shall be due and payable on November 1 of
each year or as soon thereafter as the assessment roll, of
which he shall give notice by publication, may come into the
hands of the tax collector. The tax collector is hereby 'vested



with the power, and it shall be his duty, to collect all taxes
as shown on the tax roll, which taxes shall become delinquent
on April 1 following the year in which they are assessed.
On all'taxes assessed on the county tax rolls and collected by
the county tax collector, discounts for early payment thereof
shall be at the. rate of 4 percent in the month of November and
at any time within :30 days after the mailing of the original
tax notice; 3 percent in the month of December; 2 percent in
the following month of January; and 1 percent in the following
month of February. The taxes paid in March shall be without
discount. It shall also be his' duty, 'and .he is hereby vested with
the power, to collect by sale of the tax liens on the real prop-
erty and by seizure and sale of personal property, all taxes
assessed on the roll and which are not paid prior to April 1 of
the year following the year in which the taxes are assessed
or' within 30 day after the mailing of thenoriginal tax notice
on the final assessment roll, whichever is later.
Section 10. Section 197.0125, Florida Statutes, is created
to read:
.197.0125 Delinquent taxes on late assessment rolls.-In
the event the delinquency date for ad valorem taxes is later
than April 1 of the year following the year in which taxes
are assessed, all dates or time periods specified :in this chapter
relative to the collection of or administrative procedures re-
garding delinquent taxes shall be extended a like number of
days.
.Section: 11. Paragraph (b) of subsection (1) of section
120.57, Florida Statutes, is amended to read:
120.57 Decisions which affect substantial interests.-The
provisions of this section shall apply in all proceedings in
which the substantial interests of a party are determined by
an agency. Unless waived by all parties, subsection (1) shall
apply whenever the proceeding involves a disputed issue of
material fact. Unless otherwise agreed, subsection (2) shall
apply in all other cases.
(1) FORMAL PROCEEDINGS.-
(b) In cases to which this subsection is applicable, the
followingg procedures shall apply:
1., Requests for hearings shall be granted or denied with-
it 15 days of receipt.
2. All parties shall be afforded an opportunity for a hear-
ing after reasonable notice of not less than 14 days; how-
ever, the 14-day notice requirement may be waived with the
consent of all parties. In preliminary hearings for the revo-
cation of parole, no less than 7 days' notice shall be given.
In parole revocation hearings pursuant to ss. 949.10 and 949.11,
reasonable notice of not less than 5 days shall be given. In
hearings involving student disciplinary suspensions or expul-
sions conducted by educational units, the 14-day notice re-
quirement may be waived by the agency head or the hearing
officer without the consent of the parties. The notice shall in-
clude:
a. A statement of the time, place, and nature of the hear-
ing.
"b. A statement of the legal authority and jurisdiction under
which' the hearing is to be held.
c. A reference to the particular sections of the statutes and
rules involved. ... ..
Sd. A short and plain statement of the matters asserted by
the agency and by all parties of record at the time notice is
given. If the agency or any party is unable to state the mat-
ters in sufficient detail at the time initial notice is given, the
notice may be limited to a statement of the issues involved,
and thereafter, upon timely written application, a more def-
inite and detailed statement shall be furnished not less than
3 days prior to the date set for the hearing.
3. Except for proceedings conducted as prescribed in s. 120.-
54(4), e s. 120.56, or s. 120.571, all petitions or requests for
hearings under this section shall be filed with the agency. If
the agency elects to request a hearing officer froni the division;
it shall 'notify the division within 10 days of receipt of the peti-



tion or request, requesting the assignment of a hearing officer
and, with the concurrence of the division, set the time, date,
and place of the hearing. On request of any agency, the-divi-
sion shall assign hearing officers with, due regard to the ex-
pertise required for the particular matter.i Any party may re-



December 3, 1979



68








JOURNAL OF THE HOUSE OF REPRESENTATIVES



quest the disqualification of any hearing officer by filing an
affidavit with the division prior to the taking of evidence at a
*hearing, stating the grounds -with particularity.
4. All parties shall have an opportunity to respond, to
present evidence and argument on all issues involved, to conduct
cross-examination and submit rebuttal evidence, to submit pro-
posed findings of facts and orders, to file exceptions to any
order or hearing officer's recommended order, and to be rep-
resented by counsel. When appropriate, the general public may
be given an opportunity to present oral or written communica-
tions. If the agency proposes to consider such material, then all
parties shall be given an opportunity to cross-examine or chal-
lenge or rebut it.
5. The record in cases governed by this subsection shall con-
sist only of:
a. All notices, pleadings, motions, and intermediate rul-
ings;
b. Evidence received or considered;
c. A statement of matters officially recognized;
d. Questions and proffers of proof and objections and rul-
ings thereon;
e. Proposed findings and exceptions;
f. Any decision, opinion, proposed or recommended order, or
report by the officer presiding at the hearing;
g. All staff memoranda or data submitted to the hearing
officer during the hearing or prior to its disposition, after no-
tice of the submission to all parties, except communications by
advisory staff as permitted under s. 120.66(1), if such communi-
cations are public records;
h. All matters placed on the record after an ex parte
communication pursuant to s. 120.66(2); and
i. The official transcript.
6. The agency shall accurately and completely preserve all
testimony in the proceeding, and, on the request of any
party, it shall make a full or partial transcript available at
no more than actual cost.
7. Findings of fact shall be based exclusively on the evi-
dence of record and on matters officially recognized.
8. Except as provided in subparagraph 12., the hearing
officer shall complete and submit to the agency and all parties
a recommended order consisting of his findings of fact, con-
clusions of law, interpretation of administrative rules, rec-
ommended penalty, if applicable, and any other information re-
quired by law or agency rule to be contained in the final order.
The agency shall allow each party at least 10 days in which to
submit written exceptions to the recommended order.
9. The agency may adopt the recommended order as the
agency's final order. The agency in its final order may re-
ject or modify the conclusions of law and interpretation of ad-
ministrative rules in the recommended order, but may not re-
ject or modify the findings of fact unless the agency first
determines from a review of the complete record, and states
with particularity in the order, that the findings of fact were
not based upon competent substantial evidence or that the
proceedings on which the findings were based did not comply
with essential requirements of law. The agency may accept or
reduce the recommended penalty in a recommended order, but
may not increase it without a review of the complete record.
In the event a court reverses an agency's order, the court in
its discretion may award attorney's fees and costs to the ag-
grieved prevailing party.
10. If the hearing officer assigned to a hearing becomes
unavailable, the division shall assign another hearing officer
who shall use any existing record and receive any additional
evidence or argument, if any, which the new hearing officer
finds necessary.
11. A hearing officer who is a member of an agency head
may participate in the formulation of the agency's final order,
provided he has completed all his duties as hearing officer.



12. In applications for a license or mergers pursuant to
title XXXVII or title XXXVIII which are referred by the
agency to the division for hearing pursuant to this section,



the hearing officer shall complete and submit to the agency
and to all parties a written report consisting of findings of
fact and rulings on evidentiary matters. The agency shall al-
low each party at least 10 days in which to submit written
exceptions to the report, hearing officer;
Section 12. Section 120.571, Florida Statutes, is created to
read:
120.571 Tax related decisions which affect substantial in-
terests.-
(1) This section shall apply to any matter dealing with
the levy, assessment or refund of a tax imposed pursuant to
chapters 198, 199, 201, 203, 206, 211, 212, 214, and 220, or
any matter dealing with the approval or disapproval of a tax
roll pursuant to s. 193.114, or the determination of a county's
assessment level pursuant to s. 195.096.
(2) In those matters specified in subsection (1), a petition
for a formal hearing shall be filed with the division and certi-
fied copies shall be provided to all other parties.
(3) In any matter dealing with a refund of a tax, the
Comptroller shall be a party to the proceeding.
(4) In those matters specified in subsection (1), the hearing
officer shall issue a final order rather than a recommended
order. A final order issued pursuant to this section is final
agency action.
(5) A final order issued pursuant to this section shall
comply with s. 120.59, and any party to the proceeding is
entitled to judicial review pursuant to s. 120.68.
(6) This section shall apply to all proceedings initiated after
the effective date of this act.
Section 13. Subsections (3), (4), (5), (6), and (7) of sec-
tion 120.65, Florida Statutes, are renumbered as subsections
(4), (5), (6), (7), and (8), respectively, and a new subsection
(3) is added to said section to read:
120.65 Hearing officer.-
(3) In addition to the requirements of subsection (2), a
hearing officer employed to conduct hearings on matters deal-
ing with the levy, assessment or refund of a tax imposed pur-
suant to chapters 198, 199, 201, 203, 206, 211, 212, 214 and 220,
matters dealing with the approval or disapproval of a county's
tax roll pursuant to s. 193.114, and the determination of a
county's assessment level pursuant to s. 195.096, must demon-
strate expertise in the area of taxation.
Section 14. Subsections (2), (3), (4), (5), (6), and (7) of
section 120.69, Florida Statutes, are renumbered as subsections
(3), (4), (5), (6), (7), and (8), respectively, and a new sub-
section (2) is added to said section to read:
120.69. Enforcement of agency action.-
(2) Enforcement of agency action pursuant to s. 120.571
shall be sought by filing a petition for enforcement, as provided
in this section, in the district court of appeal in the appellate
district where the subject matter of the enforcement is located.
Section 15. The sum of $804,900 is hereby transferred from
the Property Assessment Loan Fund to the Division of Ad
Valorem Tax of the Department of Revenue, and is hereby
appropriated as a lump sum amount, and 29 additional positions
are authorized, to supplement the division's 1979-1981 opera-
ting budget to carry out the provisions of this act.
Section 16. If any provision of this act is held to be invalid
or inoperative for any reason, it is the legislative intent that the
invalidity shall not affect other provisions or applications there-
of which can be given effect without the invalid provision or
application, and to this end the provisions of this act are
declared to be severable.
Section 17. This act shall take effect upon becoming a
law and, except where expressly provided otherwise, shall first
apply to assessment rolls and taxes levied thereon for the year
1981 and each year thereafter provided that sections 2 and 3
shall apply to school districts for fiscal year 1982-1983 and
each year thereafter.



Mr. Pajcic moved the adoption of the amendment. Pending
consideration thereof, further consideration of CS for SB's
23-C and 24-C was temporarily deferred.



.December 3, 1979



69








70 JOURNAL OF THE HOUSE OF REPRESENTATIVES December 3, 1979

Enrolling Reports Adjournment
HB 35-C HB 36-C The House adjourned at 6:48 p.m. to reconvene at 8:00 a.m.
-have been enrolled, signed by the required Constitutional
Officers and presented to the Governor on December 3, 1979.
Allen Morris, Clerk















Tic0 Jourial OF THE


House of Represeiqta tives


SPECIAL SESSION



Tuesday, December 4, 1979



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

The following Members were recorded present:



The Chair
Allen
Bankhead
Barrett
Batchelor
Beard
Bell
Boles
Brantley
Burnsed
Burrall
Bush
Campbell
Carlton
Carpenter
Conway
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Eckhart
Ewing



Flynn
Fontana
Foster
Fox
Gallagher
Gardner
Gersten
Girardeau
Haben
Hagler
Hall
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hector
Hieber
Hodges
Hollingsworth
Jennings
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw



Kirkwood
Kiser
Kutun
Lehman
Lewis, J. W.
Lewis, T. F.
Liberti
Lippman
Malloy
Mann
Margolis
Martin
Martinez
McCall
McPherson
Meek
Melby
Mica
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic



Patchett
Patterson
Plummer
Price
Ready
Richmond
Robinson
Rosen
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Warner
Watt
Weinstock
Williams
Woodruff
Young



Excused: Representative Flinn to attend Legis/50 Conference
in Atlanta; Representatives Lockward and Reynolds due to
illness; Representatives Evans, Gordon, Gustafson, Hodes, and
Ryals.

A quorum was present.

Prayer
Prayer was offered by Representative George H. Sheldon.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of December 3 was corrected and approved as
follows: On page 60, column 2, line 33 from top, strike "for"
and insert "from"; on page 62, column 1, strike line 13 from
bottom and following line 11 from bottom, insert "1981 for
disbursement pursuant to section 2 of this act."; on page 63,
column 1, line 25 from top, after "7" insert "D"; in same
column, in vote on HB 31-C, insert "Plummer" in Yea votes
The Journal of November 27 was further corrected and
approved as follows: On page 13, column 2, line 10 of title
of HB 16-C, strike "sales" and insert "sale"



The Journal of November 29 was further corrected and
approved as follows: On page 43, column 1, line 26 from
bottom, strike "pacrel" and insert "parcel"; on same page,
column 2, line 16 from bottom, strike "sales" and insert "sale"

Messages from the Senate
The Honorable J. Hyatt Brown, Speaker
I am directed to inform the House of Representatives that
the Senate has adopted HCR 46-C
Joe Brown, Secretary

The concurrent resolution was ordered enrolled.

Recess
The House recessed at 8:08 a.m., to reconvene at 10:00 a.m.
today.

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

Record Votes
Representative Gallagher:
Yea-SB 18-C, HB 31-C
Representative Lehman:
Yea-SB 18-C, HB 31-C

Co-sponsors
HB 31-C-Martin, Moffitt

Enrolling Reports



HB 16-C



HB 17-C



HB 31-C



-have been enrolled, signed by the required Constitutional
Officers and presented to the Governor on December 4, 1979.
Allen Morris, Clerk

Adjournment
On motion by Mr. Pajcic, the House adjourned at 10:03 a.m.
sine die.


Enrolling Report
HCR 46-C
-has been enrolled, signed by the required Constitutional
Officers and filed with the Secretary of State on December 5,
1979.
Allen Morris, Clerk



71








JOURNAL OF THE HOUSE OF REPRESENTATIVES



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 71, 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 Sixth Legislature under the Constitution as Revised in
1968, held from November 27 through December 4, 1979. Addi-
tionally, there has been included a record of the transmittal
of Acts subsequent to the sine die adjournment of the Special
Session.



Clerk
Tallahassee, Florida
December 5, 1979



December 5, 1979








INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session

of the

SIXTH LEGISLATURE
under the Constitution as Revised in 1968


November 27 through December 4, 1979






CONTENTS


Pages
Members of the House with Bills Sponsored -------------------------------------- ------------ 74
Bills and Resolutions Sponsored by Committees ------------------------------------ ---------------------------------------- 76
Miscellaneous Subjects-------------------- ---------------------------------------------------- 76
Vetoed Bills ---------------------- ------ ---------- ------ ------------- 76
Subject Index of House and Senate Bills, Resolutions, and Memorials ----- -----------------77
House Bills and Resolutions by Number, Subject, Sponsor, and Disposition ------------------ 80
Senate Bills and Resolutions (received in House) by Number, Subject, Sponsor, and Disposition 80



73








74 JOURNAL OF THE HOUSE OF REPRESENTATIVES INDEX

Members of the House with Bills Sponsored

[Source: Information Division, Joint Legislative Management Committee]

ALLEN, JOE-120th District

BANKHEAD, WILLIAM G.-24th District

BARRETT, DAVID L.-44th District

BATCHELOR, DICK J.-43rd District

BEARD, MALCOLM E.-64th District
Co-sponsored: 31-C

BELL, SAMUEL P., III-30th District

BOLES, KENNETH E.-5th District
Co-sponsored: 45-C
Local Bill: 38-C

BRANTLEY, BOBBY-34th District

BROWN, J. HYATT-31st District
Sponsored: 1-C

BURNSED, BEVERLY B.-50th District
Co-sponsored: 45-C

BURRALL, FREDERIC H.-75th District

BUSH, THOMAS J.-84th District
Sponsored: 11-C
Co-sponsored: 10-C, 45-C

CAMPBELL, GENE-82nd District

CARLTON, FRAN-41st District

CARPENTER, CARL, JR.-62nd District

CONWAY, WILLIAM R.-29th District

COX, LINDA C.-86th District

CRADY, GEORGE A.-15th District
Local Bill: 32-C

CRAWFORD, ROBERT B.-49th District

CROTTY, RICHARD-40th District

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

DAVIS, HELEN GORDON-70th District
Sponsored: 2-C, 3-C

DERATANY, TIMOTHY D.-47th District

DUNBAR, PETER M.-53rd District
Sponsored: 10-C
Co-sponsored: 31-C, 45-C

DYER, HAROLD J.-93rd District
Co-sponsored: 10-C

EASLEY, BETTY-56th District

ECKHART, JAMES F.-115th District

EVANS, MARILYN BAILEY-46th District

EWING, TED-74th District
Sponsored: 6-C, 7-C, 8-C

FLINN, GENE-116th District

FLYNN, BILL-117th District

FONTANA, A. M.-107th District

FOSTER, JAMES S.-65th District
Co-sponsored: 31-C

FOX, ROBERTA-110th District
C. THOMAS, III-111th District
Co-sponsored: 10-C

GARDNER, WINSTON W., JR.-45th District
Sponsored: 48-C

GERSTEN, JOSEPH M.-109th District
Sponsored: 10-C

GIRARDEAU, ARNETT E.-16th District

GORDON, ELAINE-98th District

GUSTAFSON, TOM-88th District
Sponsored: 10-C

HABEN, RALPH H., JR.-71st District
Sponsored: 14-C, 44-C, 46-C
Co-sponsored: 31-C

HAGLER, CLYDE H.-3rd District
Co-sponsored: 31-C
Local Bill: 38-C

HALL, LEONARD J.-9th District

HATTAWAY, BOB-33rd District

HAWKINS, LAWRENCE R.-119th District

HAWKINS, MARY ELLEN-89th District

HAZOURI, THOMAS L.-21st District

HEALEY, EDWARD J.-81st District

HECTOR, ROBERT C.-114th District
Co-sponsored: 31-C


HIEBER, GEORGE F., II-58th District
Co-sponsored: 45-C

HODES, RICHARD S.-68th District

HODGES, GENE-14th District
Sponsored: 5-C, 35-C

HOLLINGSWORTH, WAYNE-13th District
Sponsored: 5-C, 35-C







INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES

JENNINGS, TONI-42nd District

JOHNSON, ANDREW E.-19th District

JOHNSON, BOLLEY L.-4th District
Co-sponsored: 45-C
Local Bill: 38-C

JOHNSON, RONALD CLYDE-8th District
Co-sponsored: 31-C

JONES, C. FRED-52nd District
Sponsored: 31-C

JONES, DENNIS L.-57th District
Co-sponsored: 47-C

KELLY, EVERETT A.-35th District
Co-sponsored: 45-C

KERSHAW, JOE LANG-105th District

KIRKWOOD, LAWRENCE R.-38th District

KISER, S. CURTIS-54th District
Sponsored: 9-C, 27-C, 28-C, 29-C
Co-sponsored: 10-C, 45-C

KUTUN, BARRY-99th District
Sponsored: 10-C

LEHMAN, DAVID J.-97th District

LEWIS, JOHN W.18th District
LEWIS, JOHN W.-18th District

LEWIS, THOMAS F.-83rd District
Co-sponsored: 10-C, 31-C

LIBERTI, RAY-78th District

LIPPMAN, FRED-94th District
Sponsored: 47-C

LOCKWARD, WILLIAM H.-104th District
Co-sponsored: 31-C

MALLOY, JOHN CYRIL-118th District

MANN, FRANKLIN B.-90th District

MARGOLIS, GWEN-102nd District
Co-sponsored: 16-C
MARTIN, SIDNEY-26th District
Co-sponsored: 31-C, 45-C

MARTINEZ, ELVIN L.-67th District
Co-sponsored: 10-C

McCALL, WAYNE C.-32nd District

McPHERSON, TOM-92nd District

MELBY, ROBERT E.-59th District

MICA, JOHN L.-39th District
Co-sponsored: 10-C

MILLS, JON L.-27th District
Sponsored: 4-C

MITCHELL, SAM-7th District

MOFFITT, H. LEE-66th District
Sponsored: 2-C, 3-C
Co-sponsored: 31-C

MORGAN, HERBERT F.-12th District
Co-sponsored: 16-C
Co-sponsored: 16-C

MYERS, WILLIAM G.-77th District

NERGARD, CHARLES L.-76th District

NUCKOLLS, HUGH PAUL-91st District
Sponsored: 23-C, 24-C, 25-C, 26-C
Co-sponsored: 31-C

OGDEN, CARL-20th District
Co-sponsored: 47-C

O'MALLEY, TERENCE T.-85th District

PAJCIC, STEVE-22nd District
Sponsored: 41-C, 42-C, 43-C
Co-sponsored: 16-C

PATCHETT, R. DALE-48th District

PATTERSON, THOMAS R.-2nd District
Local Bill: 38-C

PLUMMER, LAWRENCE H.-112th District
Co-sponsored: 31-C

PRICE, DON C.-llth District
Co-sponsored: 45-C

READY, GENE-51st District
Co-sponsored: 45-C

REYNOLDS, ROBERT-108th District

RICHMOND, RONALD R.-37th District
Co-sponsored: 10-C, 45-C

ROBINSON, GROVER C., III-1st District
Local Bill: 38-C

ROSEN, VIRGINIA L.-100th District

RYALS, JOHN L.-63rd District

SADOWSKI, WILLIAM E.-113th District

SAMPLE, DOROTHY EATON-61st District

SHACKELFORD, LAWRENCE F.-72nd District

SHELDON, GEORGE H.-69th District
Co-sponsored: 45-C

SILVER, RONALD A.-103rd District
Sponsored: 46-C
Co-sponsored: 10-C

SMITH, CHARLES R.-36th District

SMITH, JAMES H.-55th District
Co-sponsored: 10-C

SMITH, LAWRENCE J.-96th District

SPAET, HAROLD W.-101st District


75









76 JOURNAL OF THE HOUSE OF REPRESENTATIVES INDEX

THOMAS, JOHN-17th District

THOMPSON, JAMES HAROLD-10th District
Sponsored: 19-C
Co-sponsored: 16-C, 45-C

TYGART, FREDERICK B.-23rd District

UPCHURCH, HAMILTON D.-28th District

WARD, JAMES G.-6th District
Co-sponsored: 45-C
Local Bill: 38-C

WARNER, STEPHEN JAMES-87th District
Co-sponsored: 31-C

WATT, JAMES L.-80th District

WEINSTOCK, ELEANOR-79th District

WILLIAMS, FRANK-25th District

WOODRUFF, T. M.--60th District
Co-sponsored: 45-C

YOUNG, WALTER C.-95th District
Sponsored: 10-C

Bills and Resolutions

Sponsored by Committees
[Source: Information Division, Joint Legislative Management Committee]
APPROPRIATIONS
Committee Bills: 36-C

COMMERCE
Committee Bills: 12-C, 37-C

COMMUNITY AFFAIRS
Committee Bills: 15-C

FINANCE & TAXATION
Committee Bills: 16-C, 17-C, 18-C, 20-C, 21-C, 22-C, 30-C

JUDICIARY
Committee Bills: 13-C, 33-C, 34-C, 39-C, 40-C


Miscellaneous

Subject Pages
Ceremonies
Devins, Mrs. Linda; presentation of seascape 4
Florida State University Football Team (HR 45-C) 20-21
Speaker's Education Task Force (HR 1-C) -------- 3-4
Committees
Conference Committees
Appointments ---________-- -47, 56, 57, 63
Report; SB 18-C (governmental auditing) ....__ 59-62
Select
Report; Pitts-Lee claims (HB 1265, 1979 session;
HB 9, 1980 session) ------------_ 36
Governor
Proclamations ----------......-........... ---- 1-3, 34-35, 38-39, 56-57
Rules of the House
Precedent --_ --------__ 10
Waiver of Rule 10.9 ---- ---_-- 21
Veto Messages --- ------- ---------14-18


Vetoed Bills

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

Date
No. Subject Sponsor Pages Vetoed Disposition

1979 Regular Session Vetoed House Bills
CS/HB
4 Ad valorem tax exemption; civic organizations Committee on Finance & Taxation and
Richmond 14-15 ----- -- -..- ..-7-3-79
HB
519 Okaloosa County; alcoholic beverage licenses Ward 14, 15 -- --------- 7-3-79
538 Compulsory school attendance ---_- -- Hall 14, 15 --------------------- ---- 7-3-79
857 Environmental control; roadways Committee on Transportation 14, 15-16 ---..------..7-3-79
892 Cable television rates; deregulation Dunbar 14, 16 ------ ---- 7-3-79
1055 Education; full-time equivalent student -----_ Warner 14, 16-17 ------ ---- --------- 6-29-79
1246 Monroe County; employees of elected officials Allen 14, 17 ---...........-----.... ---------- 7-3-79
1546 Alcoholic beverages; seller not liable -- --------Committee on Regulated Industries &
Licensing 14, 17-18 -------------------.6-29-79
1580 Administrative Procedure Act; state contracts Committee on Transportation 14, 18 -------6-29-79
1824 Board of Optometry ___ ___ Committee on Regulatory Reform 14, 18 ..........6-19-79








INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 77



Subject Index of House and Senate

Bills, Resolutions, and Memorials

[Source: Information Division, Joint Legislative Management Committee]
This index embraces all measures introduced in both the House and Senate. The house of origin is identi-
fied by the letter preceding each bill: H-House, S-Senate. Senate bills shown in this index include those never
received by the House, and their inclusion here is only for the convenience of the user interested in all the legis-
lation introduced in the Legislature on a particular subject.

(Boldfaced bill numbers passed both houses.)



-A-
ADMINISTRATIVE PROCEDURES ACT
Pari-mutuel wagering; exemption determination, S30-C, H44-C
AGRICULTURE & CONSUMER SERVICES, DEPT. OF
Road-guard inspection personnel; regulatory inspections,
H35-C, S32-C
APPROPRIATIONS
Ad valorem tax division re county tax roll review, H18-C,
S23-C
Countercyclical construction industry jobs program for spe-
cial school maintenance act, H36-C, S22-C
County audit trust fund, H15-C, S18-C
County government audit trust fund, S18-C
Health & rehab. services dept./Monroe School (Brevard),
S28-C, H48-C
Public defender, 5th district court of appeal, H13-C, S11-C
Public defenders; lump-sum funding, S11-C
AUDITOR GENERAL
Ad valorem tax division performance audits, H18-C, S23-C
County agencies; annual postaudits, H5-C
County/municipal financial audits; authority, S18-C, H15-C
-B--
BANKING & FINANCE, DEPT. OF
Auditor general/ad valorem tax division performance audit,
H18-C, S23-C
County government audit trust fund created, S18-C
BANKS & TRUST COMPANIES
Branch banks; establishments, mergers; military base facili-
ties, etc., H12-C, S19-C
Loans/lines of credit prior 7/1/79; clarification, H37-C, S26-C
Loans under $50,000; interest/premiums/penalties, etc., S30-C,
H44-C
BIDS, COMPETITIVE
School maintenance/renovation, etc.; exemption, H36-C
BONDS
Investments; authorized securities, S30-C, H44-C
School remodeling projects under $25,000; performance bond
exemption, H36-C
BREVARD COUNTY
Health & rehab. services dept./Monroe School, S28-C, H48-C
-C--
COMMENDATIONS
Curry, Mable Alice Wilson; 100th birthday commemorated,
S31-C
FSU Seminoles; undefeated football season, H45-C
Masons of Florida, S27-C, H47-C
Public schools task force, H1-C
COMMUNITY AFFAIRS, DEPT. OF
County audit trust fund; creation; administration, H15-C,
S18-C
CONCURRENT RESOLUTIONS
American citizen hostages in Iran; support of President re
release efforts, H46-C
Masons; commendation, S27-C, H47-C



CONDOMINIUMS & COOPERATIVES
Leasehold rents, court registry; disbursement broadened,
H10-C
CONSTITUTIONAL AMENDMENTS
Ad valorem tax; economic development exemptions, S15-C,
H19-C, H21-C, S25-C
Ad valorem tax; household goods/inventory/livestock; overall
assessment, H22-C, S25-C
Appropriations based on tax revenues restricted, S7-C, H8-C,
H9-C, H20-C, H28-C, S25-C, S33-C, S35-C
Community redevelopment, slum/blighted areas, H21-C, S25-C
Homeowners/renters, permanent residents; tax relief, H20-C,
H23-C, S25-C
Homestead exemption
Head of household, married/single, H22-C
Increased by general law, H6-C, H7-C
Marijuana production; benefits, S13-C
Judges & justices 70 years old; serving restriction removed,
S4-C, H39-C
Judges & justices 70 years old; term of office, completion,
H2-C, Sl-C
Legislature (Art. III) amended, S33-C
SJR 1-B; withdrawal from ballot, H25-C
Supreme court organization & jurisdiction revised, S20-C,
H33-C
Taxation, historic property; percentage of assessment, S10-C
COURTS
Supreme court; organization & jurisdiction, S20-C, H33-C
-D-
DISTRICT COURTS OF APPEAL
Public defender, 7th Judicial Circuit, handle appeals 5th Dis-
trict, Sll-C, H13-C
Public defender, 10th Judicial Circuit, handle appeals 2nd
District, Sll-C
DOCUMENTARY EXCISE TAX
Collection without affixing stamps; certificate of registra-
tion, etc., H4-C

-E-
EDUCATION
Construction industry jobs program special school mainte-
nance; funding, H36-C, S22-C
Evolution/scientific creationism taught in schools, H11-C
ELECTIONS
SJR 1-B; withdrawal from ballot, H25-C, H26-C
Special election
Ad valorem tax relief, H24-C, S14-C, S16-C, H41-C, H42-C,
H43-C
Appropriations from state tax revenues, rate of increase,
H27-C, H29-C, S36-C, S34-C
Article III amendments, S36-C
Bills published journal satisfies 1st reading requirement,
S36-C
Budget stabilization, S34-C
Economic development; new business/expansions, S16-C,
H43-C
Governor action on bills 30 days in lieu of 15 days, S36-C
Homestead exemption, aged/disabled persons; increases
deleted, H23-C, H24-C
Impeachment, trial procedures, S36-C
Judiciary; term of office, H3-C, S2-C, S5-C, H40-C




78 JOURNAL OF THE HOUSE OF REPRESENTATIVES INDEX



ELECTIONS (Cont.)
Special election (Cont.)
Legislative; presiding officers, term, vacancies; session
date change; age requirement reduced; disciplinary ac-
tions, S36-C
Marijuana production; county option election, S12-C
Renters; ad valorem tax relief, H23-C, H24-C
School building construction/renovation (Nassau), H32-C,
S8-C
SJR 1-B; withdrawal from ballot, H26-C
Supreme Court organization & jurisdiction revised, S21-C,
H34-C
Vetoed bills; legislative consideration time, S36-C
Tax relief, H24-C, S16-C, H41-C, S25-C, H42-C, H43-C
ESCAMBIA COUNTY
County public health trust employees; civil service status,
S29-C, H38-C
ETHICS COMMISSION
Supreme Court review of agency actions, S20-C, H33-C
-F--
FLORIDA STATUTES
Reviser's bill; reenacts various & sundry subjects, S30-C,
H44-C
-H---
HEALTH & REHABILITATIVE SERVICES, DEPT. OF
Monroe School, renovation (Brevard); funding, S28-C, H48-C
HOMESTEAD EXEMPTION
Aged/totally disabled persons; increased exemptions deleted,
H23-C
Head of household, married/single, H22-C
Increase minimum amounts by general law, H6-C, H7-C
Inflationary changes; reflection in exemption, H22-C
Marijuana production, county option; benefits, S13-C
Renters/homeowners; relief, H20-C, H23-C, 825-C
-I-
INDUSTRIAL SAVINGS BANKS
Special powers re investments/loans/late charges, S30-C,
H44-C
INTEREST
Loans/lines of credit prior 7/1/79; clarification, H37-C, S26-C
IRAN
American citizen hostages; support of President re release
efforts, H46-C
-J-
JUDGES & JUSTICES
70 years old; serving restriction removed, S4-C, H39-C
70 years old; term of office, completion, H2-C, S1-C
Special election, H3-C, S2-C, S5-C, H40-C
-L-
LEGISLATURE
Appropriations based on tax revenues restricted, S7-C, H8-C,
H9-C, H20-C, H28-C, S25-C, S33-C
Article III; revision, S33-C
Bills presented to governor; 30 days in lieu of 15 days, S33-C
Bills published journal satisfies 1st reading requirement, S33-C
Energy committee, house select; powers of standing com-
mittee, H14-C
Impeachment, trial procedures, S33-C
Members; age requirement reduced; disciplinary actions,
833-C
Presiding officers; term of office, S33-C
Reports
Ad Valorem Tax Division/county assessment roll data,
H18-C, S23-C
Senators; % elected 2 year term following reapportionment,
833-C
Sessions, regular; convene in February, S33-C
Vetoed bills; consideration time, S33-C
LOCAL GOVERNMENTS
Annual postaudits by auditor general; financial reports, sub-
mission criteria revised, H5-C



LOCAL GOVERNMENTS (Cont.)
Auditor selection committee; created, S18-C, H15-C
Financial audit; county govt. audit trust fund created, S18-C,
H15-C
Financial audits; independent CPA's, H15-C, S18-C
-M-
MARIJUANA (CANNABIS)
Cultivation/possession/sale; county option; tax status, S12-C,
S13-C
MILLAGE See: TAXATION
MOTOR FUEL TAX
County transportation system; 2% wholesale price, imposi-
tion, S3-C
Excise/license tax; 12% of wholesale price per gallon, S3-C
Special fuels, excise tax; additional 16% of wholesale price,
S3-C
3rd/4th cent gas tax; additional 2% of wholesale price;
in lieu of 7th & 8th cent tax, S3-C
Wholesale price defined, S3-C
MOTOR VEHICLES
Title certificates; holding interest, manner; form, S30-C,
H44-C
-N-
NASSAU COUNTY
School building construction/renovation projects, etc.; special
election 3/11/80, H32-C, S8-C
-P-
POPULAR NAMES
Auditing selection act, H15-C, S18-C
Balanced treatment for scientific creationism & evolution
act, H11-C
Bank merger bills, H12-C, S19-C
Budget stabilization act, S35-C
Countercyclical construction industry jobs program for spe-
cial school maintenance act, H36-C, S22-C
Deficit spending bills, S35-C, H27-C, H29-C, S36-C, S34-C,
H20-C, 825-C, 87-C, S33-C, H8-C, H9-C
PUBLIC DEFENDERS
Seventh judicial circuit; handle appeals of fifth district court
of appeals, Sll-C, H13-C
Tenth judicial circuit; handle appeals of second district court
of appeals, S11-C
PUBLIC SERVICE COMMISSION
Utilities, rates or service; agency actions, review by Supreme
Court, S20-C, H33-C
-.R-
RESOLUTIONS
Curry, Mable Alice Wilson; commemorates 100th birthday,
S31-C
Energy committee, house select; powers of standing com-
mittee, H14-C
FSU Seminoles; undefeated football season, H45-C
Public schools task force; commendation, HI-C
RETIREMENT
Elected state officers class; public defender & small claims
court judge, inclusion, S30-C, H44-C
-S--
SALTWATER FISHING
Finfish traps; possess/use/transport; certain prohibited, S9-C
SCHOOLS
Construction industry jobs program special school mainte-
nance; funding, H36-C, S22-C
Evolution/scientific creationism taught in schools, Hll-C
SEARCH WARRANTS
Road-guard inspection personnel; regulatory inspections,
H35-C, S32-C
STATE OF FLORIDA
Investments, authorized securities, S30-C, H44-C







INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 79



TAXATION
Ad valorem tax
Community redevelopment, slum/blighted areas, H21-C,
S25-C
Economic development, new business/expansions; exemp-
tion, S15-C, H19-C, H21-C, S25-C
Energy conservation; exemption, H21-C, S25-C
Head of household, married/single, H22-C
Historic property; exemption, H21-C, S25-C
Household goods/personal effects; exemption, H22-C, S25-C
Increase by general law, H6-C, H7-C
Installments; prepayment; postage; distribution of taxes,
H17-C
Inventory/livestock; classification/exemption, H22-C, S25-C
Just valuation; uniform proportionment, H22-C, S25-C
Operating millage levies; rate of increase limitation con-
tinued, S6-C
Appropriations based on tax revenues restricted, S7-C, H8-C,
H9-C, H20-C, H28-C, S25-C, S33-C
Assessment, county; interim rolls; supplemental bill/refund,
H30-C, S24-C, S23-C
Assessment, county; level used re state funding, H22-C
Assessment rolls; review by Ad Valorem Tax Division every
2 years, H18-C, S23-C
Delinquent/back taxes, advertisements; notice, H16-C, S17-C,
S38-C
Delinquent taxes, $100/more; sale, public auction, H16-C,
S17-C
Economic development, new business/expansions; exemp-
tions, S15-C, H19-C, H21-C, S25-C



TAXATION (Cont.)
Historic property; percentage of assessment, S10-C
Homeowners/renters, permanent residents; tax relief, H20-C,
H23-C, S25-C
Interim assessment roll; reviews; supplemental bills/refunds,
etc., H30-C, S24-C, S23-C
Millage
Increase by general law, H6-C, H7-C
Levy certain local taxing units; increase limitation con-
tinued, S6-C
Marijuana cultivation/possession/sale; tax status, S12-C,
S13-C
Mill limit (8.4) re local effort computation, H18-C, S23-C
School districts; nonvoted millage on nonexempt tax roll,
limitation, S23-C
Nonhomestead property; opening bids, H16-C, S17-C
Prepayment of taxes; newspaper publication requirements,
H17-C
School districts; equalization of funding efforts, H18-C, S23-C
Tax certificates, sale; notice by mail; tax deeds; notice
posted on property, H16-C, S17-C
TRANSPORTATION, DEPT. OF
Interstate system, completion; ACI program continued,
H31-C, S37-C
TRUST FUNDS
Budget stabilization fund, S35-C, S33-C
County audit trust fund, H15-C, S18-C
County government audit trust fund, S18-C








80



Abbreviations:
Ch.-Chapter Number, as passed
CSP-Companion or similar bill passed
DCH-Died on house calendar
DHC-Died in house committee (no action by committee)
DM-Died in messages
DSC-Died in senate committee (no action by committee)
FVIH-Failed vote for introduction in house
HB-House bill
HCR-House concurrent resolution
HJR-House joint resolution
HR-House resolution
ID-Introduction deferred


HR
1-C Public schools task force (Brown) 3-4 Adopted
HJR
2-C Judiciary (Moffitt) 4, 47, 48 DM
HB
3-C Special election/judges (Moffitt) 4, 48, 49 DM
4-C Excise tax/documents (Mills) 4 ID
5-C Local government (Hollingsworth) 4 DHC
HJR
6-C Homestead exemption (Ewing) 4 DHC
7-C Homestead exemption (Ewing) 4 DHC
8-C State appropriations (Ewing) 4 DHC
9-C State appropriations (Kiser) 4 DHC
HB
10-C Condominiums & cooperatives (Kutun) 4, 49, 58 FVIH
11-C Education (Bush) 4 ID
12-C Banking (Commerce) 5, 7-9, 21-22 DCH/CSP
13-C Public defender (Judiciary) 5, 7, 9, 19, 22 DCH/CSP
HR
14-C Select committee on energy (Haben) 5-6 Adopted
HB
15-C Local government (Community Affairs) 5, 7-8, 19, 21
DCH/CSP
16-C Tax collections & tax sales (Finance & Taxation) 5, 7,
13-14, 19, 29, 30, 34, 43-44, 45-46, 58 Ch. 79-584
17-C Ad valorem taxes (Finance & Taxation) 5, 7, 14, 19,
30, 34, 57 Ch. 79-585
18-C Ad valorem taxation (Finance & Taxation) 5, 7, 14,
19, 30, 31, 34, 49 DSC
HJR
19-C Ad valorem taxation (Thompson) 5 DHC
20-C Finance & taxation (Finance & Taxation) 5, 7, 9-11,
19, 22, 23 DCH
21-C Finance & taxation (Finance & Taxation) 5, 7, 11-12,
19, 26, 27 DCH
22-C Finance & taxation (Finance & Taxation) 6-7, 12-13,
19, 27, 28-29 DCH
23-C Homestead exemption (Nuckolls) 6 DHC
HB
24-C Special election/homestead exemption (Nuckolls) 6
DHC
HJR
25-C Ad valorem tax relief (Nuckolls) 6 DHC
HB
26-C Special election/ad val tax relief (Nuckolls) 6 DHC
27-C Special election/appropriations (Kiser) 6 DHC
HJR
28-C Finance & taxation (Kiser) 6 DHC
HB
29-C Special election/appropriations (Kiser) 6 DHC
30-C Ad valorem taxation (Finance & Taxation) 6-7, 13, 19,
29, 34 DSC
31-C Transportation code (Jones, C. F.) 18, 36-37, 39, 58,
62, 63 Ch. 79-586
32-C Nassau Co./school buildings (Crady) 18 ID
HJR
33-C Supreme court (Judiciary) 7, 9, 19 DCH/CSP
HB
34-C Special election/supreme court (Judiciary) 7, 9, 19
DCH/CSP
35-C Agricultural inspections (Hollingsworth) 14, 19, 34,
37, 46-47, 49, 70 Ch. 79-587
36-C Educational facilities (Appropriations) 7, 19, 35, 36,
41, 42, 56, 70 Ch. 79-583
37-C Extensions of credit (Commerce) 19 ID
38-C Escambia Co./civil service (Robinson) ID
HJR
39-C Judiciary (Judiciary) ID
HB
40-C Special election/judges (Judiciary) ID
41-C Special election/state expenditures (Pajcic) ID
42-C Special election/millage limitation (Pajcic) ID
43-C Special election/economic development (Pajcic) ID
44-C Reviser's bill (Haben) ID
HR
45-C Florida State Univ. football team (Morgan) 20
Adopted
HCR
46-C American captives in Iran (Silver) 35-36 Adopted
47-C Masons (Lippman) 49 ID/CSP
HB
48-C Health & Rehab. Services Dept. (Gardner) ID/CSP



Senate Bills and Resolutions (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
DCC---Died in conference committee
SB-Senate bill
SCR-Senate concurrent resolution
SJR-Senate joint resolution

SB
11-C Public defender (Hair) 24, 25, 58 Ch. 79-588
18-C Governmental auditing (Lewis) 31-32, 33-34, 47, 49, 56,
59-61, 62 Ch. 79-589
19-C Banking (Frank) 34, 49 Ch. 79-590
SJR
20-C Supreme Court (Judiciary-Civil) 23, 24 Passed
SB
21-C Special election/Supreme Court (Judiciary-Civil) 24
Ch. 79-591
23-C Ad val taxation (Gordon) 63-69 DCH
SJR
25-C Finance & Taxation (Gordon) 50-54, 55-56, 57, 63 DCC
SB
26-C Extensions of credit (Anderson) 40-41 Ch. 79-592
SCR
27-C Masons (Barron) 39 Adopted
SB
28-C Health & Rehab. Services Dept. (Vogt) 39-40, 49
Ch. 79-593
29-C Escambia Co./civil service (Childers, W. D.) 25-26, 40
Ch. 79-594

JOURNAL OF THE HOUSE OF REPRESENTATIVES

House Bills and Resolutions 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.



INDEX