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

J

ourna

I

s

of the

House of Representatives

Special

Session

of the

Seventh Legislature
under the Constitution as Revised in 1968

NOVEMBER 18, 1980

MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (81); Republicans in Italic (89)]
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
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, Callaway

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
16
17
18
19
20
21
22
23
24

of Duval
Arnett E. Girardeau, D.D.S., Jacksonville
John Thomas, Jacksonville
John W. Lewis, III, Jacksonville
Andrew E. "Andy" Johnson, Jacksonville
Carl Ogden, Jacksonville
Thomas L. "Tommy" Hazouri, Jacksonville
Steve Pajcic, Jacksonville
Frederick B. "Fred" Tygart, Jacksonville
William G. "Bill" Bankhead, Jacksonville

Parts of Lake, Marion
32 Christian "Chris" Meffert, Ocala

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, Astatula

Parts of Hernando, Pasco, Polk, Sumter
36 Charles R. "Chuck" Smith, Brooksville

Parts of Pasco, Pinellas
37 Ronald R. "Ron" Richmond, Holiday

Part
38
39-
40
41
42
43

of Orange
Bruce McEwan, Orlando
Daniel Webster, Orlando
Richard "Rich" Crotty, Orlando
Fran Carlton, Orlando
Thomas B. "Tom" Drage, Jr., Orlando
Dick J. Batchelor, Orlando

Parts of Brevard, Orange, Seminole
44 Jason Steele, Rockledge
45 Winston W. "Bud" Gardner, Jr., Titusville
46 Marilyn Evans-Jones, 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
53
54
55
56
57
58
59
60
61

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 Tom C. Brown, Port Orange
30 Samuel P. Bell, III, Ormond Beach
31 T. K. Wetherell, Allandale

of Pinellas
Peter M. "Pete" Dunbar. Crystal Beach
S. Curtis "Curt" Kiser. Palm Harbor
James Harrison "Jim" Smith, Jr., Clearwater
Bettu Easley, Larao
Dennis L. Jones, D.C., Treasure Island
George F. Hieber, II. St. Petersburg
Robert E. "Bob" Melby, O.D., St. Petersburg
T. M. "Tom" Woodruff, St. Petersburg
Dorothy Eaton Sample, St. Petersburg

Parts of Hillsborough, Polk
62 Carl Carpenter, Jr., Plant City
63 S. L. "Spud" Clements, Jr., Brandon
64 John A. Grant, Jr., Tampa
65 James S. "Trooper Jim" Foster, Odessa

Part
66
67
68
69
70

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

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

Parts of Charlotte, Manatee, Sarasota
73 Thomas E. "Tom" Danson, Jr., Sarasota
74 Ted Ewing, Venice

DeSoto, parts of Charlotte, Highlands, Sarasota
75 Frederic H. "Fred" Burrall, Port Charlotte

Parts of Martin, St. Lucie
76 Charles L. "Chuck" Nergard, Port St. Lucie

Parts of Martin, Okeechobee, Palm Beach
77 William G. "Doc" Myers, M.D., Hobe Sound

Parts of Broward, Palm Beach
78 Ray Liberti, West Palm Beach
79 Eleanor Weinstock, Palm Beach
80 James L. "Jim" Watt, Lake Park
81 Reid Moore, Jr., Palm Beach
82 Bernard "Doc" Kimmel, M.D., West Palm Beach
83 Frank S. Messersmith, Lake Worth

of Broward
Thomas J. "Tom" Bush, Fort Lauderdale
Terence T. "Terry" O'Malley, Lauderhill
Linda C. Cox, Fort Lauderdale
Robert M. Woodburn, D.D.S., Wilton Manors
Tom Gustafson, Fort Lauderdale

Collier, Glades, parts of Hendry, Highlands, Lee
89 Mary Ellen Hawkins, Naples

District
Parts of Charlotte, Hendry, Lee
90 Franklin B. Mann, Fort Myers
91 Hugh Paul Nuckolls, Fort Myers
Parts of Broward, Dade
92 Tom McPherson, Fort Lauderdale
93 Harold Joseph 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
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119

of Dade
Elaine Gordon, North Miami
Barry Kutun, Miami Beach
Virginia L. Rosen, North Miami
Harold W. "Hal" Spaet, Miami Beach
Michael Friedman, Miami Beach
Ronald A. "Ron" Silver, North Miami Beach
William Ray Hodges, Hialeah
Joe Lang Kershaw, Miami
Carrie P. Meek, Miami
A. M. "Tony" Fontana, Miami Lakes
Robert R. "Bob" Reynolds, Miami Lakes
Joseph M. "Joe" Gersten, South Miami
Roberta Fox, Miami
C. Thomas "Tom" Gallagher, III, Coconut Grove
Lawrence H. "Larry" Plummer, Coconut Grove
William E. "Bill" Sadowski, Miami
John "Gus" Plummer, Miami
James K. "Jim" Brodie, Miami
Dexter W. Lehtinen, Perrine
Scott W. McPherson, Miami
Charles A. "Charlie" Hall, Miami
Lawrence R. "Larry" Hawkins, Miami

Monroe, part of Dade
120 Joseph B. "Joe" Allen, Jr., Key West

OFFICERS OF THE HOUSE OF REPRESENTATIVES

Speaker-Ralph H. Haben, Jr.
Speaker pro tempore-Barry Kutun

Clerk-Allen Morris
Sergeant at Arms-Wayne Westmark

Part
84
85
86
87
88

w lle Jourjal OF THE

House of Iepreseqttatives

FIRST SPECIAL SESSION-"A" of 1980-1982

Tuesday, November 18, 1980

Journal of the House of Representatives for a Special Session of the Seventh Legislature under the Consti-
tution as Revised in 1968, convened by Proclamation of the Governor and held at the Capitol in the City of Talla-
hassee in the State of Florida, on Tuesday, November 18, 1980.

The House was called to order at 2:30 p.m. by the Honorable
Ralph H. Haben, Jr., Speaker, pursuant to the following procla-
mation:

PROCLAMATION

State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, Bob Graham, Governor of Florida, on 13 October
1980 did respectfully petition the Florida Supreme Court to
amend its order of 21 December 1979 impaneling a statewide
grand jury, and

WHEREAS, the Florida Supreme Court on 14 October 1980
determined that it is without statutory authority to broaden
the scope of the Fourth Statewide Grand Jury and denied the
requested petition, and
WHEREAS, expanding the jurisdiction of the Fourth State-
wide Grand Jury rather than requiring the state to impanel a
fifth statewide grand jury would:
(1) Save the state the $20,000 necessary to impanel a new
statewide grand jury, and
(2) Save the state the two and one-half months of time
necessary to impanel a new statewide grand jury, and
(3) Allow the state to utilize the existing staff personnel
and expertise which has already been developed by the existing
statewide grand jury, and
(4) More effectively utilize state resources to combat the
drug trafficking problem in Florida.
NOW, THEREFORE, I, BOB GRAHAM, Governor of the
State of Florida, by virtue of the power and authority vested
in me by Article III, Section 3(c)(1), Florida Constitution, do
hereby proclaim as follows:
1. That the Legislature of the State of Florida be and is
hereby convened in special session at the Capitol, Talla-
hassee, Florida, commencing at approximately 2:30 p.m.
on Tuesday, the 18th day of November, 1980, and ending
at 6:30 p.m. on Tuesday, the 18th day of November, 1980.
2. That the Legislature is convened for the sole purpose of
considering the enactment of legislation granting the

Florida Supreme Court authority to expand the juris-
diction of the statewide grand jury upon petition by the
Governor, by amending Chapter 905, Florida Statutes.
J IN TESTIMONY WHEREOF, I have
Shereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed to this proclamation con-
V. evening the Legislature in special ses-
i sion at the Capitol, this 17th day of
November, 1980.
BOB GRAHAM
Governor

ATTEST:
GEORGE FIRESTONE
Secretary of State

The following Members

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Clements
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans
Ewing
Fontana
Foster

Fox
Friedman
Gallagher
Gardner
Gersten
Girardeau
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L.
Hawkins, M.
Hazouri
Hieber
Hodes
Hodges, G.
Hodges, W.
Hollingswor
Johnson, A.
Johnson, B.
Johnson, R.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel
Kiser

were recorded
Kutun
Lehman
Lehtinen
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson,
McPherson,
Meek
R. Meffert
.E. Melby
Messersmitl
Mills
Mitchell
Moffitt
R. Moore
th Morgan
E. Myers
L. Nergard
C. Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.

present:
Plummer, L. H.
Price
Ready
Reynolds
Richmond
Robinson
Rosen
Sadowski
Sample
Shackelford
S. Sheldon
T. Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
S Spaet
Steele
Thomas
Thompson ...
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young :

Excused: Rep. Sample at 4:15 p.m. due to illness of her hus-
band; Rep. O'Malley at 6:00 p.m. and Rep. Woodburn at 6:15
p.m.
A quorum was present.

1

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Prayer
Prayer was offered by Rep. Thomas J. Bush.

November 18, 1980

Reconvened
The House was called to order by the Speaker at 4:05 p.m.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

Recess
The House stood in informal recess at 2:44 p.m. to reconvene
at 3:15 p.m. or upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 3:41 p.m.
A quorum was present.

On motion by Rep. Kiser, the rules were waived and the
House reverted to the order of--

Introduction and Reference

By Representatives Kiser, Dunbar, Gallagher, M. E. Hawkins,
Evans, Richmond, Sample, Steele, Danson, Patchett, Woodruff,
Nergard, Nuckolls, J. H. Smith, Messersmith, Woodburn, Web-
ster, S. McPherson, Burrall, Easley, McEwan, Melby, Crotty,
Drage, Ewing, Grant, Watt, Myers, Kimmel, Tygart, and Bank-
head-
HB 1-A-A bill to be entitled An act relating to taxation;
creating s. 196.185, Florida Statutes; providing that items of
inventory shall be exempt from taxation; amending ss. 193.-
114(1)(b) and (3)(b), 194.032(13)(b), 196.032(2), (3) and (4),
and 199.292(4), Florida Statutes, 1980 Supplement, and repeal-
ing ss. 192.032(3) and (4)(d), 192.042(3), 193.052(1)(b), 193.-
062(2), and 193.511, Florida Statutes, relating to assessment
and taxation of inventory, to conform; providing for reimburse-
ment to local governments through the Local Government Ex-
emption Trust Fund; increasing the percentage of intangible
tax revenues deposited in the fund; providing an effective date.
-was placed temporarily in the Committee on Rules &
Calendar.

On motion by Rep. Bell, the rules were waived and the House
advanced to the order of-

Messages from the Senate
The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended-

By Senator Hair-
SB 1-A-A bill to be entitled An act relating to the state-
wide grand jury; amending s. 905.33, Florida Statutes; au-
thorizing the Governor to petition the Supreme Court to ex-
pand the jurisdiction of a statewide grand jury during the term
of that grand jury; authorizing the Supreme Court to comply
hiding for applicability; providing an effective date.
-and requests the concurrence of the House.
Joe Brown, Secretary

-was read the first time by title and referred to the Select
Committee on Rules & Calendar.

Committee Meeting
On motion by Rep. Bell, the rules were waived and the Select
Committee on Rules & Calendar was given permission to meet
at 4:15 p.m. today in Morris Hall to consider SB 1-A.

Recess
The House stood in informal recess at 3:44 p.m. to reconvene
upon call of the Speaker.

Communications
Honorable Ralph H. Haben, Jr.
Speaker, House of Representatives

November 17, 1980

Dear Mr. Speaker:
In compliance with the provisions of Article III, Section 8(b),
of the State Constitution, I am transmitting to you for con-
sideration of the House the following vetoed bills, 1980 Regu-
lar and Special Session, with the Governor's objections attached
thereto:
HB 940 Relating to workers' compensation
HB 1330 Relating to motor vehicle records
HB 1620 Relating to soil and water conservation
HB 1865 Relating to appropriations
HB 7-D Relating to postsecondary education
Sincerely,
GEORGE FIRESTONE
Secretary of State

Honorable Ralph H. Haben, Jr.
Speaker, House of Representatives
Dear Mr. Speaker:

November 17, 1980

In compliance with the provisions of Article III, Section 8(b),
I am transmitting to you for consideration of the following bill,
Regular Session 1980, with the Governor's objections attached
thereto:
House Bill No. 1796 (Chapter 80-414, Laws of Florida).
We understand that the original law will be returned to this
office following any legislative action which may be taken on
the vetoed portions.
Cordially,
GEORGE FIRESTONE
Secretary of State

Honorable George Firestone
Secretary of State
Dear Mr. Secretary:

July 4, 1980

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 940 enacted by
the Sixth Legislature of Forida under the Florida Constitution
1968 Revision, during the regular session of 1980, and entitled:
"An act relating to workers' compensation; amending s.
440.13() and (2), Florida Statutes; providing that an in-
jured employee shall have the right to make the initial selec-
tion of a physician, surgeon, other recognized practitioner,
nurse, or hospital directing or supervising remedial treatment,
care, and attendance furnished to the employee by the em-
ployer pursuant to law; requiring the employer to furnish
a list of health care providers from which the employee shall
choose, such list to contain representatives of all health care
providers listed in s. 440.13(3)(d); excluding pharmacists;
providing an effective date."
The bill would mandate that employers provide injured em-
ployees with a list of health care providers to include the names
of two physicians, osteopaths, chiropractors, podiatrists, op-
tometrists, and dentists from which the employee would make
a selection.
Prior to the revision of the workers' compensation law by
the 1979 Legislature, Florida employers were charged some
of the highest workers' compensation premiums in the nation.
This had the effect of deterring investment by manufacturers
from outside the State, and forcing some Florida employers to
move their operations to other states. The changes adopted by
the 1979 Legislature were an attempt to lower or at least
stabilize premiums and remove the workers' compensation sys-
tem as a negative factor in industry location decisions.

2

November 18, 1980

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The revised workers' compensation law has not been in effect
long enough for its benefits to be fully realized. We should let
the system operate without additional major changes until its
effectiveness can be evaluated. Any erosion in the effectiveness
of the 1979 workers' compensation law could again make work-
ers' compensation a deterrent in Florida's economic develop-
ment efforts.
For the above reasons, I am withholding my approval of House
Bill 940, Regular Session of the Legislature, commencing on
April 8, 1980, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor

-and the above vetoed bill (1980 Regular Session), together
with the Governor's objections thereto, was referred to the
Select Committee on Rules & Calendar.

Honorable George Firestone
Secretary of State

July 4, 1980

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 1330 enacted
by the Sixth Legislature of Florida under the Florida Constitu-
tion 1968 Revision, during the Regular Session of 1980, and
entitled:
"An act relating to motor vehicle records; amending s.
322.201, Florida Statutes, authorizing the use of computer
copies in certain court proceedings; eliminating certification
by the Department of Highway Safety and Motor Vehicles of
certain records; permitting access to departmental computer
records under certain circumstances; amending s. 322.26(2),
Florida Statutes, 1978 Supplement, providing for the manda-
tory revocation of the driver's license of any person driving
or being in control of a motor vehicle while in possession of
a controlled substance or entering a plea of nolo contender
with respect to such offense; providing for the issuance of
separate traffic citations under certain circumstances; pro-
viding an effective date."
The bill mandates that the Department of Highway Safety
and Motor Vehicles revoke the driver's license of any person
convicted of driving a motor vehicle while "in possession of a
substance controlled under Chapter 893."
The language used in the bill fails to clarify that only illegal
possession of a controlled substance under Chapter 893 would
result in revocation of driving privileges. The bill raises the
question of whether a physician, a drug manufacturer's rep-
resentative or any patient with a legal prescription drug in a
motor vehicle could be subjected to mandatory revocation of
their driving privileges.
Of greater significance, this language in the bill is an
over reaction to the drug abuse problem, and is likely to be
declared unconstitutional. Even illegal possession of a controlled
substance in a motor vehicle is not reasonably related to the
safe operation of th e motor vehicle and appropriate grounds
for revocation of driving privileges.
I have been for some time, and continue to be, committed to
a strong fight against illegal importation, sale and use of
controlled substances; however, mandating revocation of driving
privileges for possession of a controlled substance, without the
substance being used while driving, is unreasonable and likely
to be ruled unconstitutional.
For the above reasons, I am withholding my approval of
House Bill 1330, Regular Session of the Legislature, commenc-
ing on April 8, 1980, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor

--and the above vetoed bill (1980 Regular Session), together
with the Governor's objections thereto, was referred to the
Select Committee on Rules & Calendar.

3

Honorable George Firestone
Secretary of State

July 10, 1980

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 1620 enacted
by the Sixth Legislature of Florida under the Florida Constitu-
tion, 1968 Revision, during the Regular Session of 1980, and
entitled:
"An act relating to soil and water conservation; amending s.
582.16, Florida Statutes, providing for addition of territory
to a soil and water conservation district or removal of terri-
tory therefrom administratively by the Department of Agri-
culture and Consumer Services; amending s. 582.19(1) and
(2), Florida Statutes, providing for qualifications and compen-
sation of supervisors; amending s. 582.29, Florida Statutes,
authorizing contractural agreements between soil and water
conservation districts and certain other entities; amending
s. 582.30, Florida Statutes, providing for a majority vote
with respect to referendums for the discontinuance of soil
and water conservation districts and providing for the dis-
continuance of soil and water conservation districts; amending
s. 582.32(2), Florida Statutes, relating to the time period
for the discontinuance of districts; providing for a referendum
on abolition of the Pinellas County soil and water conserva-
tion districts; providing an effective date."
The bill as originally introduced, was for the purpose of
providing for adjustments to soil and water conservation district
boundaries, and to provide for certain procedures relating to the
operations of the districts. However, during floor action on the
bill, three amendments were added which could have substantial
impact on the operation of these districts.
One amendment provides that when a majority rather than
two thirds or more of the qualified voters in a referendum have
voted for the discontinuance of the district, the department
shall certify that the continued operation of the district is not
administratively practical and feasible.
A second amendment would change the time the department
entertains petitions for the discontinuance of any district from
not more often than once in five years to not more often than
once in two years.
A third amendment provides that the Board of County
Commissioners of Pinellas County may, within twelve months
after the effective date of the act, call and hold a referendum
during any regular or special election for the purpose of deter-
mining whether the Pinellas County Soil and Water Conserva-
tion District shall be abolished.
I am unaware of any statewide problems that these amend-
ments address. On the contrary, I am advised that they are the
result of concerns in the Pinellas Soil and Water Conservation
District. While the amendments may have the effect of solving
the problems as perceived by the Pinellas County District, it
is not at all apparent these changes will be beneficial to the soil
and water conservation programs in the other sixty districts.
On the contrary, the programs of the soil and water conservation
districts require a sustained commitment to their existence if
they are to carry out their purposes. These amendments would
undermine this needed stability.
A recent study by the Governor's Resource Management Task
Force recognized a need to protect our agricultural lands. The
soil and water conservation districts can provide a very valuable
resource in this effort. Rather than enacting legislation which
could have the effect of weakening our efforts in this most
vital area, I believe we should provide the necessary tools to
strengthen these programs.
This bill poses serious constitutional questions. It would pro-
vide a separate procedure for the discontinuance of one local
soil and water conservation district. While this is in contra-
vention of statewide uniformity and control, it also makes the
bill a "local special law" in violation of Section 10 of Article
III, Florida Constitution. Further, such provision in the bill
raises questions of unconstitutionality on the basis of Housing
Authority of the City of St. Petersburg v. City of St. Peters-
burg, 287 So.2d 307 (Fla. 1973). The Housing Authority court
pointed out that when statutes relate "to particular subdivisions
or portions of the State, or to particular places of classified

JOURNAL OF THE HOUSE OF REPRESENTATIVES

November: 18, 1980

locality" they are local laws. This special classification in Sec-
tion Six of the bill renders the bill a local law and thereby
requires that the constitutional procedures necessary to enact
local legislation be followed. Here, such procedures were not
followed and the bill would likely fail under the constitutional
challenge.
For the above reasons, I am withholding my approval of
House Bill 1620, Regular Session of the Legislature, commencing
on April 8, 1980, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor

-and the above vetoed bill (1980 Regular Session), together
with the Governor's objections thereto, was referred to the Se-
lect Committee on Rules & Calendar.

Honorable George Firestone
Secretary of State

July 10, 1980

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 1865, enacted
by the Sixth Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1980, and
entitled:
An act related to appropriations; creating s. 1.05, Florida
Statutes; providing for construction of qualifying or restrict-
ing language in appropriations acts; amending s. 216.351,
Florida Statutes; conforming to the act provisions relating to
planning and budgeting; providing an effective date.
This bill allows qualifying or restrictive language contained
in acts providing for appropriations to displace any law or ad-
ministrative rule in conflict with the qualification or restriction.
Article III, Section 6, of the Constitution of the State of Florida,
states that "Every law shall embrace but one subject and mat-
ter properly connected therewith, and the subject shall be
briefly expressed in the title. No law shall be revised or
amended by reference to its title only. Laws to revise or amend
shall set out in full the revised or amended act, section, sub-
section, or paragraph of a section." Although House Bill 1865
does not allow for amending or revising substantive legislation
in conflict with qualifying or restricting language in appropria-
tion bills, the practical effect of displacing existing legislation is
the same as amending or revising the act. Additionally provid-
ing for qualifications or restrictions to displace any law or
administrative rule strongly suggests that the bill contemplates
that appropriation bills will be allowed to embrace more than
one subject. I feel that on these two points, the bill violates
the intent of the Constitution.
The legal considerations notwithstanding, temporarily dis-
placing substantive law for the expedience of making appropri-
ations without full and proper debate of each issue carries with
it the potential for abuse that greatly outweighs any benefit
to be gained. I cannot accept this change as either a necessary
or desirable change to the legislative process.
For the above reasons, I am hereby withholding my approval
of House Bill 1865, Regular Session of the Legislature, commenc-
ing on April 8, 1980, and do hereby veto same.
Sincerely,
BOB GRAHAM
Governor

On motion by Rep. Morgan, the rules were waived and the
House took up HB 1865 with the veto message.

The question recurred on the passage of HB 1865, the veto
of the Governor to the contrary notwithstanding. The vote was:

Yeas-112

The Chair
Bankhead
Batchelor

Bell
Boles
Brantley

Brodie
Brown
Burnsed

Burrall
Bush
Carlton

Carpenter
Clements
Cox
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans
Ewing
Fontana
Foster
Fox
Friedman
Gallagher
Gardner
Gordon
Gustafson
Hagler
Hall, C. A.
Hall, L. J.

Nays-2
Allen

Hattaway Martinez
Hawkins, L. R. McEwan
Hawkins, M. E. McPherson, S.
Hazouri Meek
Hieber Meffert
Hodes Melby
Hodges, G. Messersmith
Hodges, W. R. Mills
Hollingsworth Mitchell
Johnson, A. E. Moffitt
Johnson, B. L. Moore
Johnson, R. C. Morgan
Jones, C. F. Myers
Jones, D. L. Nergard
Kershaw Nuckolls
Kimmel Ogden
Kiser O'Malley
Kutun Pajcic
Lehman Patchett
Lehtinen Patterson
Lewis Plummer, J.
Liberti Plummer, L. H.
Lippman Price
Mann Ready
Martin Reynolds

Richmond
Robinson
Rosen
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H,
Smith, L. J.
Spaet
Steele
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

Crady

Votes after roll call:
Yeas-Gersten, Girardeau, Kelly, T. McPherson

So HB 1865 (1980 Regular Session) passed by the required
Constitutional two-thirds vote of all Members present. The
veto of the Governor was not sustained and the bill was certi-
fied to the Senate.

Honorable George Firestone July 10, 1980
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 7-D enacted by
the Sixth Legislature of Florida under the Florida Constitution,
1968 Revision, during the First Special Session of 1980 and en-
titled:
An act relating to postsecondary education; creating s. 240.-
2012, Florida Statutes, merging the University of North Flor-
ida into the University of Florida; creating a merger steering
council to accomplish the merger; amending s. 240.207(1),
Florida Statutes, increasing the membership of the Board of
Regents and reducing the terms of the members; changing
certain qualifications for appointment; amending s. 240.209
(3)(g) and (i), Florida Statutes, changing provisions relat-
ing to review of the statewide university master plan; remov-
ing the duty of the board to contract with accredited inde-
pendent institutions for educational programs and facilities;
creating s. 240.210, Florida Statutes, providing for university
boards of trustees; amending s. 240.271(6) and (7), Florida
Statutes, providing for the allocation of certain salary adjust-
ments at universities for fiscal year 1980-1981; providing for
the consideration of certain faculty travel costs; creating s.
240.145, Florida Statutes, creating the Postsecondary Educa-
tion Coordinating Commission within the Department of Edu-
cation and providing its duties; amending and renumbering
s. 240.125, Florida Statutes, providing for postsecondary re-
gional advisory consortia; requiring the Board of Regents
and the Department of Insurance to study health and acci-
dent insurance for students within the State University Sys-
tem; requiring the board to study the creation of a teaching
hospital at the University of South Florida; amending s. 20.15
(4) (c), Florida Statutes, providing for the assignment by the
Department of Education of duties to the State Community
College Coordinating Board; amending s. 229.053(1), Florida
Statutes, authorizing the State Board of Education to assign
certain powers to the Commissioner of Education or the State
Community College Coordinating Board; amending s. 240.311
(1), Florida Statutes, providing for the adoption of rules

4:

by the State Board of Education affecting community col-
leges and their effect upon rules of the Community College
Coordinating Board; requiring rules adopted by the coordinat-
ing board to include development of a master plan for com-
munity colleges; amending s. 240.307(1)(b) and (e), Florida
Statutes, relating to membership on the State Community
College Coordinating Board; adding a subsection to s. 240.-
365, Florida Statutes, providing for the cancellation of the
registration of students with delinquent accounts; amending
s. 381.503, Florida Statutes, transferring certain duties of
the Board of Regents and Department of Education to the
Commissioner of Education and State Board of Education re-
lating to statewide medical education; amending s. 402.37(1),
Florida Statutes, transferring from the Board of Regents to
the State Board of Education duties relating to the medical
manpower clearinghouse; amending s. 240.401(3)(a) and (c),
Florida Statutes, changing qualifications for student state
tuition vouchers; amending s. 240.247, Florida Statutes, ex-
panding provisions prohibiting salary discrimination in the
State University System; amending s. 240.235(1) and (2),
Florida Statutes, relating to the use and allocation of student
activity and service fees; amending ss. 136.01 and 136.02,
Florida Statutes, relating to the deposit of community college
funds in county depositories; adding paragraphs to s. 240.319
(3), Florida Statutes, providing additional duties for com-
munity college boards of trustees; amending s. 240.301, Flor-
ida Statutes, redefining the community college system; pro-
viding intent; amending s. 240.203, Florida Statutes, providing
additional duties of the State Board of Education; amend-
ing and renumbering ss. 240.423, 240.425, 240.427, 240.429,
240.431, 240.433, and 240.435, Florida Statutes, conforming
to the act provisions relating to the Florida Student Finan-
cial Assistance Authority; providing for audits and legal
services; amending s. 240.401(1), (2), and (4), Florida Stat-
utes, transferring certain Department of Education duties
with respect to state tuition vouchers to the Florida Student
Financial Assistance Authority (created by the act); amend-
ing ss. 240.403, 240.405, 240.407, 240.409(1), (2), (4), and (5),
240.411, 240.413, and 240.415, Florida Statutes, similarly trans-
ferring other duties to the authority and commission with
respect to certain endowment trust funds, grants to teachers
in exceptional child education, general scholarship loans, state
student assistance grant funds, professional and practical
nursing education and scholarships, Seminole and Miccosukee
Indian scholarships, student financial aid, and funding for
scholarship loan programs; restricting the persons eligible
for state student assistance grants; restricting the amount of
nursing scholarships; amending the introductory paragraph
of s. 240.421, Florida Statutes, requiring the Florida Student
Financial Aid Advisory Council to assist the authority rather
than the Commissioner of Education and providing for ap-
pointment of the council; amending s. 240.437, Florida Stat-
utes, specifically granting certain duties to the authority
over student financial aid planning and development; adding
subsections to s. 240.441, Florida Statutes, authorizing the
authority to issue revenue bonds; amending s. 240.465, Florida
Statutes, transferring from the department to the authority
and the commission certain duties of the department with re-
spect to delinquent accounts; adding a paragraph to s. 447.-
203(3), Florida Statutes, to exempt certain persons from
career service; amending s. 240.367(1), Florida Statutes, re-
lating to current loans to community college boards of trust-
ees; amending s. 240.377, Florida Statutes, relating to rules
of the State Board of Education; amending s. 240.359(3),
Florida Statutes, requiring additional estimates of enrollment
at community colleges; transferring to the Commissioner of
Education certain powers with respect to community college
funding; providing intent with respect to the study of pro-
posed mergers of universities; authorizing the establishment
of a branch university in Broward County; repealing s. 240.-
329, Florida Statutes, relating to the residence of community
college presidents; repealing s. 240.357, Florida Statutes, re-
lating to the transportation density index for community
colleges; repealing s. 229.561, Florida Statutes, relating to
education research and development; adding s. 240.295(3),
Florida Statutes; providing for submittal of certain proposed
projects to the Board of Regents for review; providing an
effective date.

This bill consists of 53 sections. Many of them are highly
beneficial to postsecondary education. Among the positive pro-
visions of this legislation are those that improve planning and
coordination of our universities, community colleges, and area
vocational-technical centers; enlarge the size of the Board of

5

Regents and reduce the length of terms for Regents; provide
an additional revenue source for student financial assistance;
and improve the ability of the State Board of Education to pro-
vide policy leadership. Some of the other technical sections offer
improvements related to the State's two principal educational
objectives, providing opportunity and achieving academic excel-
lence.
Despite the singular benefits derived from these sections, the
standard by which this bill must be judged is its overall contri-
bution to our long-term goal of enhancement of the quality of
education at all levels in the State of Florida. This goal is not
achievable in the next fiscal year or in the next biennium.
Quality education can only result from the commitment of
decades of unified support among educators, public officials
and concerned parents and citizens. The attainment of this goal
by our state universities will emerge from the following condi-
tions: first, higher education policy must be set by a governing
board of independent citizens who serve as an intermediary be-
tween the necessarily protected freedoms of the academic com-
munity and the equally necessary responsibility of political
institutions in our democratic society to be responsive to the
public will. Without such a functioning intermediary, higher
education will suffer from the isolation of the academic com-
munity or from disruptive political intrusions.
A second prerequisite for unified support is the development
of a long-term strategy for quality improvement by the inde-
pendent governing board. This plan cannot be developed in
isolation from the academic community or the political institu-
tions, for it requires the support of both to be successful. It
cannot be focused on a single biennial budget, but must reflect
a commitment to a policy of quality improvement that will re-
main in place through the end of this century.
Third, unity of support requires intensive coordination among
the various sectors of postsecondary education, public and pri-
vate; university, community college and vocational-technical.
While variation in the mission of these sectors may appropri-
ately require separate governing boards, these boards must
recognize the impact of their decisions on the other component
sectors, and plan their futures in consort.
Finally, quality educatioaon can only be achieved by the provi-
sion of adequate and focused resources to educational programs.
These resources must be sufficient to provide the library, equip-
ment, physical facilities, and compensation levels necessary
to attract and maintain outstanding faculty and staff dedicated
to the achievement of high standards of educational quality.
Given the ever-present limitations on the resources of the
State and the increasing demand for commitment of resources
to other State needs, the governing board must clearly identify
the standards to be achieved by each educational program and
focus the allocation of limited resources accordingly. While
each program should strive to achieve the highest standards
possible, the allocation of resources must reflect the differenti-
ation of mission between programs emphasizing graduate re-
search and those emphasizing undergraduate instruction; be-
tween professional programs and traditional liberal arts pro-
grams; and so forth. The achievement of quality education re-
quires that these decisions be made by a strong and independent
governing board.
In making a decision to veto this bill, I have concluded that
its overall impact is to diffuse support for higher education.
Decisions made in this bill abrogate the independence of the
Board of Regents, violating a principle which I have identified
as a prerequisite to achievement of the goal of quality educa-
tion. Other decisions would implement contradictory policies
that reflect disparate political considerations, especially with
regard to medical education. Still other decisions blur the re-
sponsibility for assessing the State's educational needs. This
would lead to further diffusion rather than to sharper focus-
ing of limited resources.
The Legislature has demonstrated that it strongly supports
the goal of quality education. It has also demonstrated a lack
of confidence in the Board of Regents and has translated this

judgement into a shattering indictment. I can sympathize with
that indictment, for reasons I shall indicate, but I cannot sup-
port it for my support would deny a basic prerequisite to the
achievement of the goal of quality enhancement that I share
with the Legislature.

November 18, 1980

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Quality education requires a functional intermediary between
academic and political institutions. In vetoing this bill, it is my
intention to strengthen the ability of the Board of Regents to
function as this intermediary for our universities. I concur in
much of the basis of the legislative criticism of the Board of
Regents. By my veto, I reject the proposition that a lack of
decisive leadership by the Regents should be cured by substitu-
tion of the legislative process as a device for making educa-
tional policy.
Rather, I propose an agenda to restore the confidence of the
Legislature in the Board of Regents as a necessary functioning
intermediary between our universities and our elected political
leadership. I am aware of impending changes in the Board of
Regents. The expiration of terms will be the occasion for the
appointment of new leadership to strengthen the political inde-
pendence of this important and prestigious group. The appoint-
ments I recommend for this Board will be among the most im-
portant I make as Governor.
I have conferred recently with both the Chairman of the
Board of Regents and the Chairman of the Search Committee
for a new Chancellor. I have urged them to complete their
search at an early date and to identify and attract a leader
committed to representing the universities in the Legislature
and to the public at large, to coordinating the universities with
the other public and private sectors of higher education, and
to confronting directly the State's needs for educational oppor-
tunities and qualitatively distinguished postsecondary education
programs.
The new leadership of the Board of Regents must assume re-
sponsibility for addressing some of the key elements in educa-
tional planning that House Bill 7-D recognizes as important for
the future. The method by which House Bill 7-D passed the
Legislature is in part a response to the absence of clear,
realistic, and well-ordered priorities for the universities. The
Regents are the body that must propose and justify the goals
that will guide the Legislative and Executive branches in pro-
viding resources for realizing the objectives of academic quality.
The merger issue should be addressed directly by the Regents.
All nine universities, at one time or another during the last
four years, have been affected by designs for merger. This ad-
versely affects faculty and staff morale, adds to student and
public uncertainty, and hinders private fund-raising, particu-
larly matching funds for the innovative Eminent Scholars En-
dowment Fund established by the Legislature in 1979. The
Regents must take the initiative to review the options and rec-
ommend feasible alternatives or make a compelling case against
any mergers.
The Regents should also develop a comprehensive policy re-
garding undergraduate education. There is a tendency, par-
ticularly among educators, to recognize the quality of graduate,
research-oriented programs as the standard of excellence by
which an institution is judged. I reject this exclusionary stand-
ard as it directly infers a lack of concern for the majority of
students whose collegiate education is a time in which critical
life choices are made and lasting personal values are formed.
The current policy debate surrounding the addition of lower
divisions to our upper-division universities as well as the con-
version of the university system to the semester calendar afford
a significant opportunity for the Regents to formulate goals
and policies for undergraduate education.
Any initiative for extending the development of the present
upper-level institutions into four-year universities should
emerge from the Regents. Those upper-level universities desir-
ing to convert to four-year status should appropriately make
their case to the governing board as part of their legislative
budget request. The failure of the Board of Regents to act
decisively on its own study of this subject in 1979 has invited
legislative initiative.
Medical education is increasingly demanding of State re-
sources, including those available for all education. The Legis-
lature has adopted conflicting policies on this important issue.
This bill includes legislative intent that the merger of the
University of North Florida into the University of Florida
"should necessarily include" the assumption of University Hos-
pital in JacksonviIle as a state institution. This significant

policy decision was made prior to an analysis of its fiscal im-
pact, an action I find unacceptable. The bill also mandates a
feasibility study on the creation of a teaching hospital at the
University of South Florida in Tampa.

While these decisions move in the direction of state manage-
ment of teaching hospitals, other legislation converts the Shands
Teaching Hospital at the University of Florida to a private,
non-profit corporation. While these decisions indicate a policy
of locating state teaching hospitals in urban areas, other legis-
lation provides a commitment of a $40 million loan for sub-
stantial expansion of the Shands facility in Gainesville.
The Board of Regents is and should be the body to make major
recommendations to the State Board of Education and the
Legislature for the quality and scope of medical and health-
related instruction, research, and service in the decade ahead.
The Regents must exert leadership in formulating a clear and
comprehensive set of policies or see the political process decide
these questions. In the recent session, the conflicting policies
on medical education passed the Legislature for want of Re-
gents' leadership in this important area.
A recurring theme in the effort to expand the economic base
of our State is the integral relation between the location of
high technology industry and the availability of educational
programs in the sciences, engineering, and technology. The
Board of Regents should give high priority to a statewide pro-
gram in engineering education, including engineering extension
programs and continuing education.
Coordination with other sectors is and should be a prime
responsibility of the Regents. The public universities have im-
portant articulation with the community colleges, and they
should aggressively develop new and closer liaison to contract
with the private colleges and universities. Failure to respond
more sympathetically to both these needs for coordination will
again invite legislative initiative.
The fulfillment of the agenda for the Board of Regents that I
have outlined above is critical to the achievement of our long-
term goal of quality education. The process by which education-
al policy decisions are made must be rational and involve a
broad range of individuals to provide unity of support.
A veto is usually a negative act. In this case I am hopeful
that the overall effect will be positive. To offset some of the
negative effects of this veto, I am taking two steps within my
authority as Governor.
First, I am advised by legal counsel that the proviso language
in the appropriations bill that ties the release of supplemental
funds for State University System faculty salaries to the enact-
ment of House Bill 7-D is unconstitutional. As I indicated above,
nationally competitive salary levels are a necessary prerequisite
to a national standard of excellence in our State University
System. Therefore, I shall take appropriate legal action to
release these funds for their important intended purpose.
Second, by Executive Order, I shall reconstitute the Florida
Postsecondary Education Commission, an advisory body already
in existence. Previously, I announced my intention to give the
Cabinet two years to show that it can function effectively as a
State Board of Education. The Postsecondary Education Com-
mission will be its advisory body to help make good on this
commitment. This Commission will be located administratively
in the Office of the Commissioner of Education. Its primary
task will be to recommend a master plan for postsecondary edu-
cation in Florida to the State Board of Education. Such a plan
must identify the needs of the State for postsecondary educa-
tion programs and recommend fiscally and educationally sound
policy alternatives for the fulfillment of these needs by public
or independent universities, community colleges, and vocational-
technical schools.
The adoption of a master plan by the State Board of Educa-
tion is intended to improve coordination among the public and
independent sectors of postsecondary education and among the
university, community college and vocational-technical systems
within the public sector. These concerns of statewide coordina-
tion are properly the responsibility of the State Board of Edu-
cation. Responsibility for planning and guiding the development
of individual institutions will remain with the appropriate gov-
erning boards of the institutions.

As I stated earlier in this message, our shared goal of quality
education requires unity in support of our educational system.
While change is the law of life, in education as well as in every
other segment of society, Florida needs a period of sustained
support for postsecondary education. During this period, we

6

November 18, 1980

JOURNAL OF THE HOUSE OF REPRESENTATIVES

should concentrate the use of our resources effectively and care-
fully on achieving a high quality of teaching, research, and serv-
ice that will strengthen our State in its economic, civic, and cul-
tural development.
I invite Regents, Cabinet Officers, Community College Trust-
ees, District School Board Members, Legislators, and all other
citizens to join in providing the unity and stability necessary
to the realization of our educational goals.
For all of the above reasons, I am withholding my approval of
House Bill 7-D enacted by the Sixth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the First
Special Session of 1980, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor

-and the above vetoed bill (1980 Special Session), together
with the Governor's objections thereto, was referred to the
Select Committee on Rules & Calendar.

Honorable George Firestone
Secretary of State

July 10, 1980

Dear Mr. Secretary:
By the authority vested in me as Governer of Florida, under
the provisions of Article III, Section 8, of the Constitution of
the State of Florida, I hereby withhold my approval of portions
of House Bill 1796 as set forth herein with my objections and
do hereby approve the remainder of House Bill 1796 enacted by
the Sixth Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1980 and entitled:
An act relating to educational capital outlay; providing appro-
priations for specified capital outlay projects from the Public
Education Capital Outlay and Debt Service Trust Fund to
the district school boards, State Board of Education, Board
of Regents, community college boards of trustees, Florida
School for the Deaf and Blind, and Shands Teaching Hospital
and Clinics, Incorporated; providing appropriations from the
General Revenue Fund to various educational agencies for
specified projects; amending s. 234.211, Florida Statutes,
relating to the use of school buses for the transportation dis-
advantaged; adding subsection (9) to s. 427.011, Florida
Statutes, to provide for the definition of "joint-use program";
adding a new paragraph (d) and paragraph (h) to s. 427.-
012(1), Florida Statutes, to include the Commissioner of
Education and a citizen advocate appointed by the Governor
on the Coordinating Council on the Transportation Disadvan-
taged; adding subsection (11) to s. 427.013, Florida Statutes,
to require the council to approve and coordinate joint-use
programs; authorizing appropriations from the Capital Im-
provement Fee Trust Fund; repealing section 4 of chapter
79-212, Laws of Florida, relating to educational capital outlay;
repealing s. 235.221, Florida Statutes, relating to high priority
facilities construction; providing for future repeal of specified
sections in chapter 235, Florida Statutes, relating to educa-
tional facilities, and providing that positions in the Office
of Educational Facilities Construction and current expendi-
tures shall be abolished, subject to legislative review; pro-
viding an effective date.
I have reviewed the appropriations in this general appropria-
tions bill and, with the exceptions noted below, I find it accept-
able.
Subsection (1) of section 2 contains a specific appropriation,
on line 19 of page 8, of $6,845,000 from the General Revenue
Fund to the Board of Regents for improvements in athletic
facilities at Florida State University. The expenditure of general
revenue funds on facilities intended primarily for use in inter-
collegiate athletic programs represents a major change in State
policy. This item has not been identified as a priority need by
the Board of Regents and no plans for the expenditure of these
funds have been submitted to the Board of Regents by the
University. I cannot support an expenditure which is not
justified under procedures established by statute and State
Board of Education rule for the determination of educational
facility needs of the State and which capriciously nullifies
longstanding State policy. Therefore, the specific appropriation
on line 19 of page 8, which reads as follows, is hereby vetoed:

"FSU Athletic Facilities Improvements

$6,845,000"

Subsection (1) of Section 2 contains a specific appropriation,
on line 15 of page 8, of $192,000 from the General Revenue Fund
to the Board of Regents for equipment for the C. V. Whitney
Marine Laboratory of the University of Florida. This item
has not been identified as a priority need by the Board of
Regents and no plans for the expenditure of these funds have
been submitted to the Board of Regents by the University. I
cannot support an expenditure which is not justified under pro-
cedures established by statute and State Board of Education
rule for the determination of educational facility needs of the
State. Therefore, the specific appropriation on line 15 of page
8, which reads as follows, is hereby vetoed:

"UF C. V. Whitney Marine Lab Equipment

$192,000"

Subsection (1) of section 2 contains a specific appropriation,
on line 28 of page 8, of $200,000 from the General Revenue
Fund to the Board of Regents for planning of parking facilities
at the Stadium of the University of Florida. The expenditure of
General Revenue Funds on facilities intended primarily for
use in intercollegiate athletic programs represents a major
change in State policy. This item has not been identified as
a priority need by the Board of Regents and no plans for the
expenditure of these funds have been submitted to the Board
of Regents by the University. I cannot support an expenditure
which is not justified under procedures established by statute
and State Board of Education rule for the determination of
educational facility needs of the State and which capriciously
nullifies longstanding State policy. Therefore, the specific appro-
priation on line 28 of page 8, which reads as follows, is hereby
vetoed:

"UF Stadium parking facilities (planning)

$200,000"

The specific appropriations of House Bill 1796 which are set
forth herein with my objections are hereby vetoed and all
other portions of House Bill 1796 are hereby approved.
Sincerely,
BOB GRAHAM
Governor

On motion by Rep. Bell, the rules were waived and the
House agreed to take up the line item vetoes as set forth in the
veto message on HB 1796.

Rep. Bell moved that the item of Subsection (1) of Section
2, line 19 of page 8 ("FSU Athletic Facilities Improvements
$6,845,000") be reinstated, the veto of the Governor to the
contrary notwithstanding. The vote was:

Yeas-114

The Chair
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Carlton
Carpenter
Clements
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans
Ewing
Fontana
Foster
Fox

Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodes
Hodges, G.
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel
Kiser
Kutun

Lehman
Lehtinen
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.

Price
Ready
Reynolds
Richmond
Robinson
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

7

November 18, 1980

JOURNAL OF THE HOUSE OF REPRESENTATIVES

November 18, 1980

Nays-3
Allen

Bush

Gersten

Votes after roll call:
Yeas-T. McPherson

So the item of Subsection (1) of Section 2, line 19 of page 8
of HB 1796 (1980 Regular Session) was reinstated by the
required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

Rep. Bell moved that the item of Subsection (1) of Section
2, line 15 of page 8 ("UF C.V. Whitney Marine Lab Equipment
$192,000") be reinstated, the veto of the Governor to the
contrary notwithstanding. The vote was:

Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel
Kiser
Kutun
Lehman
Lehtinen
Lewis
Liberti
Lippman
Mann
Martin

Martinez
McEwan
McPherson, S.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley

Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready
Reynolds
Richmond
Robinson
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.

Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodes
Hodges, G.
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel
Kiser
Kutun
Lehman

Bush

Lehtinen
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price

Ready
Reynolds
Richmond
Robinson
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

Gersten

Votes after roll call:
Yeas-Foster, T. McPherson

So the item of Subsection (1) of Section 2, line 15 of page 8
of HB 1796 (1980 Regular Session) was reinstated by the
required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

Rep. Bell moved that the item of Subsection (1) of Section 2,
line 28 of page 8 ("UF Stadium parking facilities (planning)
$200,000") be reinstated, the veto of the Governor to the con-
trary notwithstanding. The vote was:

Yeas-114

Clements
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley

Evans
Ewing
Fontana
Foster
Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson

Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodes
Hodges, G.
Hodges, W. R.
Hollingsworth

Nays-3
Allen

Bush

Gersten

Yeas-113
The Chair
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Carlton
Carpenter
Clements
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans
Ewing
Fontana
Fox
Friedman

8

Spaet
Steele
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

Votes after roll call:
Yeas-T. McPherson

So the item of Subsection (1) of Section 2, line 28 of page
8 of HB 1796 (1980 Regular Session) was reinstated by the
required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

The action of the House together with HB 1796 was certified
to the Senate.

Recess
The House stood in informal recess at 4:24 p.m. to reconvene
at 5:15 p.m. or upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 6:09 p.m.
A quorum was present.

Report of Select Committee
The Select Committee on Rules & Calendar recommends the
following pass: SB 1-A, with amendments
The above bill was placed on the calendar.

Consideration of SB 1-A on Second Reading
SB 1-A-A bill to be entitled An act relating to the state-
wide grand jury; amending s. 905.33, Florida Statutes; authoriz-
ing the Governor to petition the Supreme Court to expand
the jurisdiction of a statewide grand jury during the term of
that grand jury; authorizing the Supreme Court to comply
with such petition; amending s. 905.36, Florida Statutes; pro-
viding for applicability; providing an effective date.
-was taken up. On motion by Rep. Bell, the rules were
waived and SB 1-A was read the second time by title.

The Select Committee on Rules & Calendar offered the follow-
ing amendment:
Amendment 1-On page 2, line 4, after the word "may"
insert: upon a showing of compelling public necessity
Rep. Bell moved the adoption of the amendment, which failed
of adoption.

The Select Committee on Rules & Calendar offered the fol-
lowing amendment:
Amendment 2-On page 2, line 8, after the word "order"
insert: upon a showing of compelling public necessity and for
good and sufficient reason
Rep. Bell moved the adoption of the amendment, which
failed of adoption.

Nays-3
Alien

The Chair
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Carlton
Carpenter

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The Select Committee on Rules & Calendar offered the fol-
lowing amendment:
Amendment 3-On page 2, line 12, insert after line 12 a new
Section 2 and renumber subsequent sections:
Section 2. Section 905.34, Florida Statutes, is amended to
read:
905.34 Powers and duties; law applicable.-The jurisdiction
of a statewide grand jury impaneled under this chapter shall
extend throughout the state. The subject matter jurisdiction of
the statewide grand jury shall be limited to the offenses of
bribery, burglary, criminal fraud, criminal usury, extortion,
gambling, kidnapping, larceny, murder, prostitution, perjury,
and robbery; crimes involving narcotic or other controlled sub-
stances; any violation of the provisions of the Florida RICO
(Racketeer-Influenced and Corrupt Organization) Act; any vio-
lation of the provisions of the Florida Anti-Fencing Act; or
any attempt, solicitation, or conspiracy to commit any violation
of the crimes specifically enumerated above, when any such
offense is occurring, or has occurred, in two or more counties
as part of a related transaction, or when any such offense is
connected with an organized criminal conspiracy affecting two
or more counties. The statewide grand jury may return indict-
ments and presentments irrespective of the county or judicial
circuit where the offense is committed or triable. If an indict-
ment is returned, it shall be certified and transferred for trial
to the county where the offense was committed. The powers and
duties of, and law applicable to, county grand juries shall apply
to a statewide grand jury except when such powers, duties, and
law are inconsistent with the provisions of ss. 905.31-905.40.
Rep. Bell moved the adoption of the amendment, which was
adopted.

The Select Committee on Rules & Calendar offered the fol-
lowing title amendment:
Amendment 4-On page 1, line 8, after the semicolon insert:
amending section 905.34, Florida Statutes, relating to power
and duties of the statewide grand jury changing dangerous
drugs to controlled substances;
Rep. Bell moved the adoption of the amendment, which was
adopted.

The Select Committee on Rules & Calendar offered the fol-
lowing amendment:
Amendment 5-On page 2, line 13, strike all of section 2 and
renumber subsequent sections.
Rep. Bell moved the adoption of the amendment, which was
adopted.

The Select Committee on Rules & Calendar offered the fol-
lowing title amendment:
Amendment 6-On page 1, lines 8-9, strike "amending Sec-
tion 905.36, Florida Statutes;"
Rep. Bell moved the adoption of the amendment, which was
adopted.

Communication from the Governor
The following Proclamation was read by the Clerk, Dr. Morris:

PROCLAMATION

State of Florida
Executive Department
Tallahassee
(Amendment to Proclamation dated November 17, 1980)
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Legislature of the State of Florida is now

in Special Session, having been convened pursuant to a Procla-
mation of the Governor issued November 17, 1980, and

9

WHEREAS, it is in the best interest of the citizens of the
State of Florida that this Special Session of the Legislature be
extended in order to permit full and adequate consideration of
urgently needed legislation, as set forth in the aforesaid Procla-
mation of the Governor;
NOW, THEREFORE, I, BOB GRAHAM, Governor of the
State of Florida, by virtue of the power and authority vested
in me by Article III, Section 3(c) (1), Florida Constitution, do
hereby proclaim as follows:
That Paragraph one (1) of the Proclamation of the Governor
dated November 17th, 1980, be and the same is hereby amended
to read:
1. That the Legislature of the State of Florida be and is
hereby convened in special session at the Capitol, Talla-
hassee, Florida, commencing at approximately 2:30 p.m.
on Tuesday, the 18th day of November, 1980, and ending
at 7:30 p.m. on Tuesday, the 18th day of November, 1980.
2. Except as amended by this Proclamation, the Proclama-
tion of the Governor dated November 17, 1980, is ratified
and confirmed.

IN TESTIMONY WHEREOF, I have
^ hereunto set my hand and caused the
Great Seal of the State of Florida to
g]- affixed at Tallahassee, the Capitol,
"V this 18 day of November, 1980.
BOB GRAHAM
"Governor

ATTEST:
GEORGE FIRESTONE
Secretary of State

Continuation of Consideration of SB 1-A

The Select Committee on Rules & Calendar offered the fol-
lowing amendment:
Amendment 7-On page 3, between lines 3 4, insert a new
Section 4 and renumber subsequent sections:
Section 4. The provisions of this act shall be repealed ef-
fective July 1, 1981.
Rep. Bell moved the adoption of the amendment.

Representative Moffitt offered the following substitute amend-
ment:
Substitute Amendment 7-On page 3, between lines 3 & 4,
insert a new Section 4: Section 4. The amendments adopted pur-
suant to this act shall stand repealed July 1, 1981.
And renumber the subsequent sections
Rep. Moffitt moved the adoption of the substitute amend-
ment, which was adopted.

The Select Committee on Rules & Calendar offered the fol-
lowing title amendment:
Amendment 8-On page 1, line 9, after the semicolon insert:
providing for the repeal July 1, 1981 of the amendments accom-
plished by this act;
Rep. Bell moved the adoption of the amendment, which was
adopted.
On motion by Rep. Bell, the rules were waived and SB 1-A,
as amended, was read the third time by title. On passage, the
vote was:

November 18, 1980

JOURNAL OF THE HOUSE OF REPRESENTATIVES

November 18, 1980

Yeas-101
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Carlton
Carpenter
Clements
Cox
Crady
Crawford
Crotty
Davis
Drage
Dyer
Evans
Fontana
Foster
Fox
Friedman
Gallagher

Nays-11
Bush
Danson
Deratany

Dunbar
Easley
Jones, D. L.

Gardner
Girardeau
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodes
Hodges, G.
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kershaw
Kimmel
Kutun
Lehman

Kiser
Mann
Patchett

Lehtinen
Lewis
Liberti
Lippman
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
Pajcic
Patterson
Plummer, J.
Plummer, L. H.
Price

Steele
Woodruff

Ready
Reynolds
Richmond
Robinson
Rosen
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Young

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 10, 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 Seventh Legislature under the Constitution as Revised in
1968, held on November 18, 1980.

Clerk
Tallahassee, Florida
November 18, 1980

10

Votes after roll call:
Yeas-Martin, Sample
Yeas to Nays-Evans

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

Recess
The House stood in informal recess at 6:49 p.m. to reconvene
at 7:15 p.m.

Reconvened
The House was called to order by the Speaker at 7:15 p.m.
A quorum was present.

Message from the Senate

Honorable Ralph H. Haben, Jr., Speaker

I am directed to inform the House of Representatives that
the Senate has concurred in House Amendments and passed
SB 1-A, as amended.
Joe Brown, Secretary

Adjournment

On motion by Rep. Bell, the House adjourned at 7:17 p.m.
sine die.

NDEX

to the

JOURNALS OF THE HOUSE OF REPRESENTATIVES

Organization Session

and

Special Session

of the

Seventh Legislature
under the Constitution as Revised in 1968

November 18, 1980

Miscellaneous Subjects

Subject Pages
ORGANIZATION SESSION, November 18, 1980
Committees, Select
Health Care Cost Containment & Planning, Juvenile
Justice, Mining & Reclamation, and Reapportion-
ment
Chairmen and Vice Chairmen appointed 11
Given powers of standing committees ------------- 9
Rules & Calendar; appointed ------------------------ 12
Committees, Standing
Chairmen and Vice Chairmen appointed -------- 10-11
Dean of the House designated ..----------.---.--- ---- 11
Democratic Leadership designated ---- ---- 10, 12
Governor
Proclamation -------..------------------------ 12-13
House Resolutions
HR 1-Org. by Bell
Rules of the House for 1980-1982; amendments -- 8-9
HR 2-Org. by Bell
Select committees given power of standing com-
mittees -- -------------------- 9
HR 3-Org. by Bell
Payment of legal expenses; Graham v. Firestone --- 9

Subject

Pages

Members
Certified list --------
Oath of office ------ .. ....--- --
Officers
Clerk election-remarks by Rep. Burnsed ---
Sergeant at Arms designation
Speaker election-remarks by Reps. Moffitt, Bell,
Crawford, Richmond, Dunbar, and Danson ---
Speaker pro tempore election-remarks by Reps.
Fontana, L. H. Plummer, Silver, Easley, Gallagher,
and Ewing -------.. .. ...-..-

1-2
2

7-8
8
2-4

4-6

Remarks
Minority Leader -----..........---------- ---------- 12
Speaker ----------------------------- -----------------9-11
Speaker pro tempore ------------------------------------- 6-7
Republican Leadership designated ------------------------- 12

SPECIAL SESSION, November 18, 1980
Governor
Proclamations ------------------- --- ------ 1, 9
Veto Messages __-- ---------------.--- -- 2-8

11

I

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Vetoed Bills

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

Subject

Sponsor

1980 Regular Session Vetoed House Bills
HB
940 Workers' compensation -------------- ----
1330 Motor vehicle records --------
1620 Soil and water conservation -----
1796 Education capital outlay (item veto)
1865 Appropriations; qualifying or restricting lan-
guage --- -- -- ----
1980 Special Session Vetoed House Bills

HB
7-D

Postsecondary education .----------- _------------

Barrett 2, 3 ------.--------------------------------------- 7-4-80
Gersten 2, 3 --------------------------------7-4-80
Committee on Agriculture & General
Legislation 2, 3-4 ------------------.------7-10-80
Committee on Appropriations 2, 7-8 ----------7-10-80

Died in Senate

Committee on Appropriations 2, 4 ----------7-10-80 Died in Senate

Burnsed 2, 4-7 ------- .----------------------7-10-80

House Bills by Number, Subject,
Sponsor, and Disposition

Abbreviations:
HB-House Bill

ID-Introduction deferred

HB
1-A Taxation; inventory, intangible (Kiser) 2 ID

Senate Bills (Received in House) by Number,
Subject, Sponsor, and Disposition
Page numbers in Boldface Print indicate location of roll call votes on disposition.
Abbreviations:
Ch.-Chapter Number SB--Senate Bill

SB
1-A Statewide grand jury; drug investigations (Hair) 2,
8-10 Ch. 80-619

12

No.

INDEX

Date
Pages Vetoed

Disposition

	Title Page
	Members of the House of Repres...
	November 1980
	Index

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